Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

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

Vol. 149 WASHINGTON, THURSDAY, JANUARY 9, 2003 No. 3 House of Representatives The House was not in session today. Its next meeting will be held on Monday, January 27, 2003, at 2 p.m. Senate THURSDAY, JANUARY 9, 2003

The Senate met at 9:30 a.m. and was I pledge allegiance to the Flag of the unable to complete our work today, called to order by the President pro United States of America, and to the Repub- there could be rollcall votes on Friday. tempore (Mr. STEVENS). lic for which it stands, one nation under God, I yield the floor. indivisible, with liberty and justice for all. The PRESIDENT pro tempore. The (Mr. ALEXANDER assumed the Senate’s guest Chaplain this morning f chair.) is RADM Barry C. Black, the Chief of RECOGNITION OF THE MAJORITY Mr. STEVENS. Will the Senator Chaplains for the United States Navy. LEADER yield? Mr. FRIST. Yes. PRAYER The PRESIDENT pro tempore. The majority leader is recognized. Mr. STEVENS. Mr. President, if that The guest Chaplain offered the fol- resolution is agreed to today, I would f lowing prayer: like to have a meeting of the Appro- Let us pray: SCHEDULE priations Committee tomorrow morn- Eternal Lord God, good beyond all ing at 10 o’clock. that is good, fair beyond all that is Mr. FRIST. Mr. President, this morn- Mr. FRIST. I understand. It is abso- fair, in whom is calmness, peace, and ing there will be a period of morning lutely critical that we finish much of concord, destroy the dissensions that business for 2 hours, until 11:30 a.m., the business from last year. There are divide us and bring us back to the for Senators to speak and introduce 11 appropriations bills that are very de- unity You desire for humanity. bills. pendent on us having the committee Lord, we seek for peace and unity, Today, we expect to receive from the resolutions passed. Hopefully that can and yet we live in tension. We make House a continuing resolution. It is my be done as soon as possible. We made agreements but suspect that we have hope that we will be able to take up real progress yesterday. I am very not agreed. We flex the muscle of our that measure and pass it in short order. hopeful, over the course of today, we might to reassure ourselves and to cau- We also hope to have the committee can come to some conclusion with tion aggressors, and still anxieties per- resolutions completed so that we can that, and then we would be able to sist. get the committees up and running so Lord, show us the way. Keep us from they can all begin their work for the have the appropriations meetings and presuming that because of some good- 108th Congress. be able to address the spending bills— ness we possess, You are on our side. Yesterday, the Republican conference 11 of those spending bills that are criti- Empower us, instead, to seek to be on approved our membership and, there- cally important to this country—over Your side. fore, we would like to have the respec- the course of Friday and next week. Bless this great land. Bless also all tive party committee resolutions I yield the floor. whom You have set in authority. Give passed today if at all possible. The PRESIDING OFFICER. The Sen- them such wisdom and candor, courage Over the course of the morning we ator from Nevada. and justice, joy and truth, that Your will be talking leadership to leadership Mr. REID. Mr. President, before the will will be done on Earth even as it is to establish a timetable, but hopefully majority leader leaves, as the leader done in Heaven. that can be done today in terms of the knows, we had a very productive meet- All glory, honor, and praise be to committee composition and chairman- ing with the President yesterday. We You. Amen. ships. left there with the feeling of biparti- f Senators should know that rollcall sanship that we should have with us votes are possible today. We will let today. We would hope, with the chair- PLEDGE OF ALLEGIANCE Senators know the timing of votes as man of the very important Appropria- The President pro tempore led the soon as they are scheduled. Also, Sen- tions Committee, the President pro Pledge of Allegiance, as follows: ators should be aware that if we are tempore of the Senate, being on the

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

S89

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S90 CONGRESSIONAL RECORD — SENATE January 9, 2003 floor today, that we can make it pos- prescription drugs because they were and respond to the injustice of racial sible so he and Senator BYRD can lead not used as they are today to make profiling. That is what S. 16 is all us in completing that appropriations people more comfortable, to save lives, about. It is important legislation that process. and to prevent disease. But now that is needs to be passed. So we look forward to working with part of the basic treatment that sen- Global warming is S. 17. There is no you. Hopefully, we can get this done in iors have. question, there is no debate—sensibly, the near future. The average senior has 18 prescrip- logically, intellectually—that global warming is taking place. It is. The f tions filled every year. As a result, they pay large amounts out of their question is, what are we going to do ORDER OF PROCEDURE pocket for prescription drugs. What we about it? That is the key. Mr. REID. Mr. President, after the have to do is provide a prescription We as Democrats talk about the min- Chair announces the period of morning drug benefit as part of Medicare. We imum wage. We do it because most peo- business, I ask unanimous consent I be need to do that and also in the process ple have the stereotype that people recognized in morning business, and preserve Medicare. Medicare is not a who draw the minimum wage are kids then the Senator from New Hampshire, perfect program, but it is a good pro- flipping hamburgers at McDonald’s. That is not the case. In fact, 60 percent Mr. GREGG, be recognized for up to 40 gram. People are saying it is about to minutes. go broke. Medicare is not about to go of the people who draw the minimum wage are women; for 40 percent of those The PRESIDING OFFICER. Without broke. And always remember that women, that is the only money they objection, it is so ordered. Medicare is a pay-as-you-go program. get for them and their families. So it is We continually have to refund and fig- f really important that we do something ure out ways to finance Medicare. That RESERVATION OF LEADER TIME to increase the minimum wage. The is the way it is. It is different than So- The PRESIDING OFFICER. Under minimum wage act would in two steps cial Security. raise the minimum wage by $1.50: 75 the previous order, the leadership time So a prescription drug benefit is im- cents when we pass the legislation; 75 is reserved. portant for Medicare. Also, it is impor- cents after that. It is important we do f tant we get ahold of prescription drug that. MORNING BUSINESS prices generally for everybody. Pre- Many people who work two and scription drugs in this country are tre- sometimes three jobs, most of them The PRESIDING OFFICER. Under mendously expensive, more expensive part time, are paid the minimum wage. the previous order, there will now be a than in any other country, even though We need to increase that. That is the period for the transaction of morning we develop and manufacture and right thing to do. business for not to extend beyond the produce most of them. It is not fair we I was very happy the leader included hour of 11:30 a.m., with Senators per- spend more on prescription drugs than in his package of must-do legislation mitted to speak therein for up to 10 other countries. It is not fair they are for the Democratic caucus this year minutes each. cheaper in Canada and cheaper in Mex- the Veterans and Military Personnel The Senator from Nevada. ico than they are in the United States. Fairness Act. Among other provisions, f The Leave No Child Behind Act is this includes expanding full concurrent LEGISLATION TO BE PASSED something that is an important piece receipt of military retirement. We have of legislation, but the problem now is made a little bit of progress over the Mr. REID. Mr. President, we did have that it is not funded. We have to pro- last couple years. Last year we made a meeting with the President yester- vide full funding for this No Child Left the most progress, but we are still day. It was one where we talked about Behind Act. We have to hold States ac- lacking. the things that need to be done. The countable for ensuring that all stu- If you retire from the military and people who were at the meeting are ex- dents have access to educational re- have a medical disability, you cannot perienced and understand the legisla- sources. draw both pensions. Prior to last year, tive perils we face on a daily basis. But We have to guarantee full funding of no one could. Last year we provided we also recognize there are things that the Individuals With Disabilities Edu- that people who are Purple Heart re- need to be done for the country, and we cation Act. cipients basically can. We need to ex- have to work toward that. The Senator from New Hampshire pand that. I was very happy the leader I want to just briefly mention today has been a loud advocate for doing included this legislation that I au- that Senator DASCHLE introduced, on something to fund that program. We thored and have worked on very closely behalf of the Democratic caucus, bills have to, as part of S. 8, help commu- with Senators LEVIN and WARNER. It that we believe are extremely impor- nities modernize public schools, and has taken years to get where we are tant to pass. These are not necessarily there are other things we need to do in- now. We will continue to try to expand in the order of importance, but the cluded in S. 8 that we need to debate until people who retire from the mili- first bill introduced was S. 6, the Com- and pass this year. tary and have a disability can draw the prehensive Homeland Security Act. S. 9 is the protection for pensions. same pension as somebody who retires Basically, this bill builds on legisla- This is a buildup of last year’s cor- from Sears and Roebuck and the De- tive initiatives that were passed in the porate scandals and the 3-year stock partment of Interior and has the mili- 107th Congress. It would authorize market decline. They have simply tary disability. They should be able to funding for important programs. We highlighted the need to strengthen pen- draw the pension just the same. We have big holes in our security blanket. sion protections. That is what S. 9 is want that to happen. We have to do something about chem- all about. S. 21, the Emergency Disaster Assist- ical security, domestic nuclear plants. S. 10 deals with the more than 40 mil- ance Act, addresses severe drought and We have to do something about rail se- lion people who have no health insur- floods, natural disasters farmers and curity, security of water treatment ance. There are many other people who ranchers face all over the country. We works, and border security efforts to have inadequate health insurance. We need to do more to take care of these combat terrorism generally. This legis- have to do something to provide some desperate people. Time magazine had lation is, in my opinion, a must-do way of these people getting decent their pictures of the year. I looked at piece of legislation. medical care. Over 40 million people that last night before going to bed. It Prescription drugs has been talked with no health insurance says it all. is interesting to note that a number of about endlessly, with nothing having That is what S. 10 is all about. those pictures deal with the drought been done. It is so important that we As to the Equal Rights and Equal that has taken place. One picture is of pass legislation that makes Medicare a Dignity for Americans Act, we believe a 67-year-old farmer. For the first time more meaningful, modern piece of leg- that we have to expand hate crimes in his career, he has nothing. He said: islation for our senior citizens. protection, strengthen enforcement of Farmers know what to do when it When the Medicare legislation passed existing civil rights laws, support legal rains; we don’t know what to do when in 1965, there was really no need for representation for indigent Americans, it doesn’t rain.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S91 That is what this legislation is all girlfriend and many members of my those lives that are going to be, have about. I hope in the spirit of what the staff. Jason is a lance corporal in the been, and will be affected. This is a majority leader talked about today and 4th Civil Affairs Group of the U.S. Ma- great country. The freedoms we enjoy, the President talked about at the rine Corps stationed here in Wash- the incredible potential that we have is White House yesterday we can work to- ington, DC. right here in people such as Jason gether to pass this legislation. On Friday, Jason and his colleagues Smedley. The majority has pieces of legisla- will depart for the Middle East where I ask my colleagues to join me as we tion that they believe are important to he will await orders for potential U.S. wish Jason well in his endeavors and as pass. What we should do is work to- military action against Iraq. Like all he goes to take on whatever his duties gether. They have pieces of our legisla- of the men and women who serve in our may be on behalf of the American peo- tion. Maybe we can work together. armed forces to preserve our liberties ple. I thank my colleague from New That is what we should do to pass the and ensure global security, Jason is Hampshire for affording me the oppor- legislation. I don’t think there would making a tremendous sacrifice in serv- tunity to salute someone who has be many who would disagree that this ice to his country. meant an awful lot to me in my life legislation is important. They may not As a senior at Howard University, and in my work and now to me, as an agree with every part of it, but that is Jason is only a few months away from American citizen, and to the rest of what legislation is about. Legislation completing studies and earning his de- this great country. is the art of compromise. I hope we can gree which he plans to earn upon his Thank you, Mr. President. Thank move forward and do some compro- return. He will be leaving behind his 2- you, especially, to Lance Corporal mising and some legislating. year old daughter Isis and his parents Jason Smedley. We bid you well. Before the Senator takes his 40 min- James and Carolyn Smedley, all of Lit- Thank you, Mr. President. utes, I would say to my friends on the tle Rock, AK. EXHIBIT 1 Democratic side, prior to their arriv- For the next few months, Jason is of- The following units from Arkansas have ing, Senator GREGG asked for 40 min- fering his service in a cause greater been activated as of December 31, 2002: utes of the hour that the Republicans than himself. I know that all of my col- Army National Guard: leagues and the American people join have set aside. He will do that now. Do N. Little Rock, State Area Command, AR you want to lock in a time for the two me in honoring Jason and the tens of Army NG HQ; Senators now? thousands of men and women who, just Ft. Smith, 142nd Field Artillery HHB, 2nd Mrs. LINCOLN. Mr. President, I like him, face similar sacrifices in the Battalion; would need 5 minutes. coming weeks and months. Lincoln, 2–142nd Field Artillery, HHSB, De- Mr. REID. You are entitled to 10. So From Arkansas alone, as of last week tachment 1; following the remarks of the Senator nearly 700 Guardsmen and reservists Ogden, 142nd Military Intelligence Bat- from New Hampshire, the Senator from have been activated in support of the talion Co. A, Detachment 4; war on terrorism and for potential ac- Ogden, 142nd Military Intelligence Bat- Arkansas will speak. The Senator from talion Co. A, Detachment 3; Minnesota? tion against Iraq. These include troops Ozark, 142nd Field Artillery Battery C, 2nd Mr. DAYTON. If I may have 15. from Little Rock, North Little Rock, Battalion; Mr. REID. Mr. President, I ask unan- Lincoln, Ogden, Ozark, Siloam Springs, Siloam Springs, 142nd Field Artillery, 2nd imous consent that following the state- Van Buren, Fayetteville, Pine Bluff, Battalion, Battery B; ment of the Senator from New Hamp- and Fort Smith. I ask unanimous con- Van Buren, 142nd Field Artillery, 2nd Bat- shire, the Senator from Arkansas be sent that the list of Arkansas units talion, Battery A; recognized for up to 10 minutes and the currently activated in support of the West Memphis, 216th Military Police Com- war on terrorism and potential action pany Guard Company; Senator from Minnesota for up to 15 Little Rock, 149th Medical Company For- minutes. against Iraq be printed in the RECORD ward, Detachment 1; and The PRESIDING OFFICER. Is there following my remarks. Little Rock, State Area Command, AR objection? The PRESIDING OFFICER. Without Army National Guard HQ. Mr. GREGG. I have no objection. objection, it is so ordered. Army Reserve: (See exhibit 1.) The PRESIDING OFFICER. Without Fayetteville, 362nd Psychological Ops. Co. objection, it is so ordered. Mrs. LINCOLN. We are proud of each EF SPT ELE; The Senator from New Hampshire. and every one of these men and women Fayetteville, 362nd Psychological Ops. OEF Mr. GREGG. Mr. President, I will for their commitment to this country SPT ELE 2; speak for about 40 minutes. I under- and to each of us. We look forward to Little Rock, 431st Civil Affairs Battalion; stood the Senator from Arkansas only welcoming them back when their work Little Rock, 460 Chemical Brigade, Detach- needed about 5 minutes. I am happy to overseas is done. My own father who ment 1; and yield to her now as long as it does not passed away in October was a veteran Pine Bluff, 92nd Chemical Battalion, De- tachment 1. impact my 40 minutes, if the Senator of the Korean war. He taught me to al- from Arkansas wishes to proceed. ways respect the great commitment Air National Guard: Mrs. LINCOLN. Mr. President, I ask made by our troops in fighting to pro- Little Rock, 189th Airlift Wing; and unanimous consent that I might protect our freedoms. Our troops of to- Fort Smith, 189th Airlift Wing. ceed as in morning business for 5 min- day’s generation deserve the same re- Navy Reserves: utes and that it not take anything out spect. Little Rock, Naval Suport Activity Bah- of the time of the Senator from New During Jason’s service to Arkansas rain, Detachment C. Hampshire. as a member of my staff, I have appre- The PRESIDING OFFICER (Mr. BUN- The PRESIDING OFFICER. Without ciated his hard work, as well as his en- NING). The Senator from New Hamp- objection, it is so ordered. ergy and positive attitude. I look for- shire is recognized. f ward to welcoming him back to my Mr. GREGG. Mr. President, I join staff as soon as possible. I am sure all with the Senator from Arkansas in TRIBUTE TO LANCE CORPORAL of my colleagues here will join me in thanking her staff member for going to JASON SMEDLEY wishing Lance Corporal Jason Smedley serve our country. We wish him good Mrs. LINCOLN. Mr. President, I have the best in the months ahead. luck and godspeed as he goes forth to some very important guests with me I thank his mother and girlfriend for protect us. today in the Senate. I wanted to share being here to share that with us today. f that with my colleagues as well as my Most importantly, I ask my colleagues, colleagues across the land. as we enter into the challenging NO CHILD LEFT BEHIND I rise today to pay tribute to a young months we have before us in this great Mr. GREGG. Mr. President, I wanted man who is with me today and who has country, that we look not only within to speak today on a number of issues— served on my staff for the past year, ourselves but around us to our imme- primarily on the issue of the legisla- Jason Smedley, of Little Rock, AK. We diate family, to our extended family, tion we passed a year ago, which was are joined today by his mother and his to our Senate family, and to all of landmark legislation, called ‘‘No Child

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S92 CONGRESSIONAL RECORD — SENATE January 9, 2003 Left Behind.’’ It fundamentally tools to get their children other op- would not be in education. It is a very changed the way the Federal Govern- tions for education. altruistic undertaking. ment and many of our educational in- So under this bill, we would basically Some at the higher levels of some of stitutions across the Nation will ap- do four things: 1, put more money into our professional organizations basi- proach the education of low-income es- the system; 2, put more flexibility into cally don’t like the idea of account- pecially, but children generally. the system for the use of that money; ability. They don’t like the idea that Yesterday was the 1-year anniversary 3, expect accountability; and empower there will be a scorecard that parents of this extraordinary bill, the most sig- parents to take action to try to correct can look at to determine whether or nificant piece of education reform leg- the situation of their child not getting not children are getting an education islation passed by the Congress. It was the education and assistance that they that will make them competitive in the primary domestic policy initiative need. America and give them a shot at the of the President in his first 2 years in This bill, this concept, obviously, is a American dream. For years, unfortu- office. It continues to be one of his pri- huge and fundamental change. There is nately, kids have been allowed to slip mary focuses. The No Child Left Be- clearly going to be, and there has been, through the system, to be warehoused hind bill had as its goal essentially a a period of adjustment and ramping up and just pushed on. That simply is not few items. No. 1 was that low income and organizing that is necessary to put acceptable under this bill. That means children who for years have been basi- this type of change in place. We are people are going to have to perform to cally warehoused through our system just really in the early stages of that bring those kids up to the ability to will no longer be put into that situa- effort. In fact, the States, under this read and write and do the basic ele- tion. Low-income children especially bill, do not have to have their plans in ments that are required in order to be will be given the opportunity to learn and approved until the end of this a literate person in America. Unfortu- and compete in our society and be month. So as a practical matter, many nately, some people do not like that given the opportunity to receive an States have not even ordered their pressure being put on them to be ac- education that will allow them to par- plans in order to respond to the issue of countable. ticipate in the American dream; and how you bring your children up to Then there is the problem, unfortu- that no child—low-income or not— speed and how you make sure no child nately, to some degree, of the old-fash- should be left behind by our edu- is left behind. A few States have. The ioned ‘‘we are headed into a Presi- cational system. It did this and it tries President yesterday recognized five dential election, so let’s be partisan.’’ Today I want to spend some time to accomplish this goal by basically States that have put in place plans going over what we as the Republican empowering the local school districts, that meet the basic goals of the No Party have put forward in resources to the teachers, the principals, and the Child Left Behind bill, which is to cre- support the bill and why I believe we school boards, with more opportunities ate a system where there is account- have committed the type of resources for educating the low-income child. It ability and where parents will know that are necessary to make No Child gives them more flexibility over the how much their children are learning Left Behind successful because we have and where, if it doesn’t work, if some dollars the Federal Government puts heard a number of speeches made on schools are not reaching the levels of back into the school districts and gives the other side of the aisle by, unfortu- success that are required, then there them more dollars. At the same time, nately, Members who should be famil- will be options for those parents, such it is saying to the school districts and iar with this issue but who appear to as public school choice, such as getting the States that we are going to give not be familiar with the facts attack- tutorial support for their children, or you more dollars and more flexibility ing the issue of whether or not this such as just reform fundamentally the for handling the dollars and, in addi- President has made a strong enough school that is having problems. tion, we are going to expect results, ac- commitment in the area of funding to Five States have already accom- countability; and the children, as they support the No Child Left Behind bill. move through their educational experi- plished that: Ohio, Massachusetts, New It is important to do this in a ence—in the elementary school sys- York, Indiana—I am not sure of the juxtapositional manner. This President tems, especially—are actually learning fifth. But these States have a lot of came into office saying he was going to to their grade level. kids in their school systems and they make education a No. 1 goal. He was We are going to have standards and have been able to pull together the the successor to an administration tests—not developed by the Federal plans to be successful under the No which did not make education the No. Government but, rather, by the local Child Left Behind bill. 1 goal of its administration. I believe it As these States and communities and communities and the States—and those is important to reflect on the fact that standards and tests are going to be set school systems have tried to get orga- we, as Republicans, have truly com- by the local communities and the nized to be ready for the No Child Left mitted significant resources, especially States. Once they are set, we are going Behind initiative and tried to address in comparison to the prior administra- to expect that the children in those the issue that I think we all want to tion in this area. schools in those districts will have the accomplish—to make sure the school For example, since 1996, when Repub- educational experience that will allow systems of America are strong, vi- licans took control of the Congress, them to reach those standards and brant, and are giving children what Federal spending for education has goals set out by the States and local they need in order to learn—as that has more than doubled and Pell grants, communities. So we will have account- happened, unfortunately, there has which are the maximum awards—Pell ability. been an undercurrent of opposition grants being higher education grants— Most important, we are going to give growing. I am not sure what is ener- have increased by 62 percent from the parents of those children the oppor- gizing it. Some is initiated by the fact $2,400 up to $4,000. tunity to see how successful their chil- that many of our States and local Looking at the programs which are dren are, to learn whether or not the school districts are going through very covered by the No Child Left Behind schools they are in are teaching their difficult economic times now, and bill, funding has increased by 49 per- children at a level that gives the chil- therefore they are under strain finan- cent, almost 50 percent in the last 2 dren the ability to compete in America cially, and that is understandable. years. That means that funding for and participate in the American dream. Some of it is initiated simply because education has grown faster as a func- If the school systems regrettably do there are, unfortunately, people in the tion of the Federal Government than not succeed, if after years of effort in educational community—certainly not any other element of the Federal Gov- trying to bring them up to speed they the majority and certainly not even a ernment. That includes Health and are unable still to educate the children large percentage, in my opinion, be- Human Services and Defense. Defense at a level that is competitive with cause I think the vast majority of peo- is up 48 percent; Health and Human their peers, then we are going to give ple in education really want to succeed Services is up 96 percent; Education is the parents and the school systems and they want this bill to work and up 132 percent. That is a massive in- tools to allow those schools to reform they understand the importance of crease in the commitment to edu- and we are going to give the parents making sure our children learn or they cation.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S93 Republicans have committed the President Bush supported the largest bers on the other side of the aisle make highest level of funding to education in increase in the title I program in his- representations that we have not made the history of this country. Last year, tory. Last year, title I received $1.5 bil- a commitment to teachers. They can- under President Bush’s leadership, we lion. Title I is the program that is di- not possibly defend that on the facts. committed $60.5 billion, for an increase rected specifically at low-income kids. Within the last year, State and local of 44 percent for K–12 education and It is the program which is the core of school districts have received dramatic higher education. This is nearly $20 bil- the No Child Left Behind bill. increases in funding for teacher pro- lion more than the highest level of Last year, President Bush, as I men- grams, specifically $742 million, a 35 funding of the Clinton administration. tioned, put $1.5 billion of new money percent increase in teachers’ programs. This chart shows that: $60 billion into this title. He has requested an ad- More important than that, we have versus $42 billion. ditional $1 billion of new money for taken off of those programs the stric- A year ago, President Bush signed this year. When you add these to- tures and the categorical directions into law, as I mentioned, the No Child gether, this will be the single largest which came under the prior adminis- Left Behind bill, which contained the increase in title I funding in the his- tration. We took all the different pro- most significant elementary and sec- tory of the program, and these dollars grams for teachers, put them together, ondary education reforms in the last 30 are dramatic in the face of what oc- and we no longer say you have to do years, and he followed it up with the curred under the prior administration this with the teacher money; you have largest increases in elementary and where the largest increase that was to do that with the teacher money; you secondary education funding in the his- ever requested by the prior administra- have to send the teacher there; you tory, a whopping $4.8 billion, rep- tion was $200 million to $300 million. It have to give the teacher that. We say resenting a 28-percent increase in fund- was not until President Bush was elect- to the local school district—we say to ing as a result of his commitment to ed President and took up this cause of the local principal, most importantly— back up that law. educating lower income children that you are going to get this money. You In addition to increasing the funding significant dollars flowed into this pro- for the No Child Left Behind bill, the are supposed to spend it the best way gram for the purpose of educating low- you know how to get the best teachers Congress passed tax cut legislation income children. This chart reflects that provided $30 billion of tax relief in your classrooms. If you want to use that. it for merit pay, you can; if you want for parents who are trying to educate In 2 years, President Bush has in- to use it to send the teachers to extra their children. Our tax bill created a creased funding by over $2.5 billion, course curriculum activity, you can; if new deduction for qualified higher edu- which represents a larger increase in you want to use it for supplies for your cation expenses, increased the amount funding in 2 years than President Clin- teachers, you can use it that way. It is individuals can contribute to edu- ton asked for in his entire 7 years by a up to the principal and school district cational savings accounts, allowed tax factor of about 25 percent. redistribution from qualified tuition If one looks at the specific programs on how to spend that money. We are plans, expanded deductions which within the educational component, not going to decide here in Wash- teachers can take as a result of ex- such as reading, within the last year ington. We are not going to send it out penses they incur to buy classroom alone, we have tripled the funds for ef- with a bunch of strings leading out supplies and created a loan forgiveness fective reading programs. As we all from this desk, telling you how to run program for teachers. know, this President and First Lady that program. We know you, the prin- I note that tax bill which increased Laura Bush consider reading to be the cipal, you the school district, know spending on education by $30 billion did real civil right of the 21st century. Kids best what your teachers need in order not receive one vote from one member have to be able to read competitively to make them better and stronger par- of the Democratic side of the aisle on with their peers or they cannot com- ticipants in the classrooms. the Education Committee. So when I pete in the American society. They will So we are going to give you this 35 hear these folks who come down to this not have a shot at the American percent increase, $742 million, without well from the committee on which I dream. And Mrs. Bush, who, of course, strings. We are simply going to require have the honor to serve say we are not is a librarian and a former teacher, has that at the end of the day your teach- making our commitment—the Repub- made reading the essence of her efforts ers be qualified to teach the courses lican Party specifically, and we have as First Lady, and President Bush has they are in, a fairly reasonable require- heard this interminably for the last made a commitment to reading, an ab- ment. I think most people think it is a few months—we are not making our solutely critical element of making reasonable requirement. commitment to fund education, I find sure that children are not left behind. But the other side of the aisle says that hard to defend in the face of the He has developed a whole set of issues we haven’t increased teacher funding facts which I have just outlined. in this area of reading. this year. That is true. That’s because In addition to the No Child Left Be- The starkness of this chart, which we increased it by 35 percent last year. hind bill and the tax bill, we have dra- shows the funding differences between But that is such a specious argument matically increased funding for special the President’s commitment to reading because the dollar increase which we education under the Republican Con- and the prior administration’s commit- have put into the program has been so gress. We have increased funding for ment to reading, pretty dramatically significant that it hasn’t even been all IDEA by 224 percent since the Repub- sets out the fact that we have made the spent. I will get to that in a second. licans took control of the Congress. In commitment on a core element of edu- In addition, the President requested fact, unlike the previous administra- cation to accomplish the goal of mak- dramatic increases in funding for pro- tion which essentially level funded ing sure kids are competitive and have grams specifically designed to help the IDEA with every budget they sent up the knowledge they need to participate neediest children—as I mentioned, title here, President Bush has increased in our society. I and IDEA. For 2003, the President has funding for special education by over $1 It is not just reading that we have requested even more money in these billion in each year of his Presidency. funded with significant increases. You categories. There have been dramatic increases, can look at the programs for immi- It should be noted that over the last which are shown by this chart, in the grant children, where we have seen the several years, educational funding has request for and the actual funding that largest increase ever in that program, greatly outpaced the rate of inflation has gone into special education as a re- to try to help kids learn English, kids and the rate of growth of our schools. I sult of President Bush being elected who come to America and unfortu- think this is important. We have in- President, which is the exact opposite nately—well, no, not unfortunately. creased elementary and secondary edu- of how special education was being They have come to America to partici- cational funding at the Federal level treated under the prior administration, pate in our dream. But they have come by 28 percent, whereas student enroll- where virtually no increase was occur- here speaking a different language, and ment over the same period has only in- ring from the request put forward by this program tries to assist them. creased by .3 percent—less than 1 per- the President, then-President Clinton, In the area of teachers, I have heard cent. That is a dramatic fact and this in his budget. from the other side of the aisle, Mem- chart shows it. I am not sure if those

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S94 CONGRESSIONAL RECORD — SENATE January 9, 2003 who are watching can see this. This is tion in that atmosphere at home. It de- Furthermore, the President has more the .3 percent increase in enrollment. pends on a good principal, one of the than tripled the loan forgiveness ac- This is the increase in funding. In fact, most important factors; good teachers, tivities in areas such as math and the funding for education has grown at obviously; good facilities; and the at- science, special education teachers, such a rapid rate that school districts mosphere in the community that en- and low-income schools. And under the simply have not been able to absorb it courages academics in the school sys- President’s proposal, teachers would all. This is another important point. tems. qualify for up to $17,500 in loan forgive- We have been putting so much money We know for a fact that just putting ness, up from the current $5,000 that so fast into the educational system dollars into the system has not teachers get if they go into high-need that the educational community, quite worked. That is why our system is schools. honestly, has not been able to develop doing so poorly. Federal funding has The keystone of the President’s ef- the programmatic activity to handle increased over the last 10 years, dra- fort is in the Pell grant. As I men- the money efficiently and effectively matically, but scores, for example, in tioned, the last time the Democrats yet. math, have been flat. Reading scores were in charge they cut Pell grants by There is presently $4.5 billion of Fed- have the same track record. Federal $100. President Bush has dramatically eral funds which has been appropriated funding has increased dramatically, increased the Pell grant program. and is unspent. It has not been drawn but scores in reading have been flat. Whereas, President Clinton’s first down by the school districts or by the When we compare ourselves to the budget request for the Pell grant pro- States. This pie chart shows where this other industrialized countries in the gram was $8.3 billion, his next six Pell money is. A lot of it is in the school world, we spend more money on edu- grant budget requests were for less improvement program. A lot of it is in cation than almost any other industri- than that amount—less than the origi- special education. A lot of it is in edu- alized country, per pupil. We are spend- nal amount. In his last budget—the cation for the disadvantaged. That is ing $8,000. But our reading scores, our 2001 budget—he actually increased Pell the title I program. These are huge math scores, are some of the worst in grant funding. amounts of dollars. the industrialized world, whereas other President Bush came in and the Pell So when the other side of the aisle nations that are spending significantly grant account was at, I think, $11 bil- comes to this floor and starts saying less per child are doing much better lion. He has increased that dramati- there is not enough money in edu- academically. Hungary is a good exam- cally. Under President Bush, we have cation, we have not spent enough ple. seen a $4.5 million increase. Needy col- money at the Federal level, first off, Granted, these other nations don’t lege children who weren’t getting them they ought to look at the history of have some of the issues we have. They before will now be getting Pell grants. their leadership when they were in may be more homogeneous nations, He has increased the funding. So it is charge, because their leadership made they are much smaller, so they don’t now up to almost $11 billion. That is a have the same concerns. But the fact is nowhere near the commitment this dramatic increase in Pell grant fund- that we can show that the amount of President has made. Second, they ing. He has also increased the amount money we spend is competitive with ought to give the President credit for of the actual grant for students under everybody in the world, but the results what he has done, which is dramati- the Pell grant program. cally increase the amount of funding in are not. We as a creative Nation should Not only has the President made the the area of title I activity—over 27 per- not tolerate that sort of situation. commitment in the elementary and So it is not just money that is impor- cent. Third, they ought to at least ac- secondary school level, in title I, in tant. But, if it were just money that knowledge there has been so much IDEA, in reading, in immigrant edu- was important, this administration money put into the system so fast, be- cation, but he has also made a commit- gets an A+ for having made the dollar ment at the higher education level. cause of this President’s commitment, commitment that is necessary in very Let us go back to the issue of this tax that the system is still trying to adjust difficult times. to it and figure out how to handle it ef- Let’s go back to the first chart. This cut directed at benefiting people in ficiently. Government, under the President and education. This is something that has It is interesting to note that a great under Republican leadership, has in- sort of been overlooked by my col- deal of the money that has not been creased spending for education by 132 leagues on the other side of the aisle spent here is in the two programs percent—more than we have increased when they are attacking the President which were true failures that were the spending in any other Federal account, for his failure to fund education. It is primary initiatives of the Clinton ad- such as defense, which is always used pretty hard to attack him on that, but ministration, one being class size and as a whipping dog for some of my col- they have been making this representa- the other being school renovation. leagues across the aisle for increased tion. These two programs, which were the spending, and Health and Human Serv- Here is how this tax cut has worked, classic, categorical, ‘‘we know best’’ ices. translated into real dollars. We put in Washington programs, which have basi- When we talk about education, I do place a new above-the-line reduction cally been merged now into the overall want to take a second to talk about for qualified higher education ex- approach of giving States more flexi- higher education because that’s an- penses. It is a $3,000 deduction today. It bility and sending the money back as other area where we have heard some is going to go up to $4,000 in 2004. And more of a flexible grant with results- fairly aggressive misrepresentation it represents an $11 billion tax cut for based testing versus input control— from the other side of the aisle. The Americans who are sending their kids these programs are the ones with some fact is, President Bush has increased to school. Eliminated is the 60-month of the biggest dollars waiting here in funding for student aid at a dramati- limitation on the student loan interest Washington to be managed by the local cally faster pace than the prior admin- deduction. That represents a $3.4 bil- communities. istration increased funding in this lion benefit to kids who get out of So we spent a lot of time here talk- area. Let’s compare President Bush’s school with lots of loans. We know that ing about dollars, but let’s remember higher education record to that of is one of the big issues for kids today. something else. In the area of edu- President Clinton. They leave the school system and their cation it is not necessarily dollars that The last time the Democrats were in college experience with a lot of loans, makes the difference. There are a lot of charge, they actually cut the Pell and they have to pay them back. This statistics that point this out, but I grant by $100. For the year 2003, Presi- is a $3.4 billion attempt to try to re- think common sense points it out as dent Bush has requested the highest duce that burden. He has increased the well as anything else. I think we all level of funding for student aid in the annual limit on the contribution to the know a good school system depends on history of these programs. Under the educational savings accounts from $500 a lot of factors. It depends on parental President’s budget, total funding for fi- to $2,000. That is a $1.2 billion benefit involvement, No. 1. You have to have nancial aid for higher education and to people who are trying to save to parents who want to see their kids edu- kids going to college will be $55 billion. make sure that they can go to college cated, in most cases, to get participa- That is a 5-percent increase over 2002. and participate in the American dream.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S95 He has allowed tax-free deductions was actually providing too much flexi- You can go down the list. The same for qualified tuition plans used to pay bility under that bill to the local is true with representations made in educational expenses, and he has per- school districts and the States. We the area of weakening the dropout pro- mitted private institutions to setup have talked a little bit here about the visions or in the area of alternative those plans. This is a real benefit to funding issue of No Child Left Behind, certification. Just the idea that there people who want to get ready for edu- but let me go into some specifics. is opposition to alternative certification and to be sure, when they go to The letter, I believe, was blatantly cation is pretty outrageous. We are college, that they have the funds to misleading. It talks about a $90 million trying to get classroom teachers who pay for it, $2.3 billion of benefits is rep- cut. know what they are doing. Alternative resented by this change. The President requested a $1 billion certification is one of the best ways of He made the income exclusion for increase in title I and a $1 billion in- accomplishing that. employer-provided educational activity crease in IDEA. It is very hard to criti- They went on to say we are dumbing permanent. When your employer gives cize the President for cutting a $90 mil- down the tests because we are allowing you the opportunity to go to school to lion earmarked program for untested a patchwork of local tests to meet the better yourself, you will be able to non-means-tested program—to attack new annual testing. But that claim is take advantage of that. That is a $3 bil- the President for cutting that $90 mil- absolutely inaccurate. And the Depart- lion benefit to people trying to get lion when he is putting in $2 billion of ment has made it crystal clear to the their education. new funding that will benefit the same States the only local tests that are Over the next 5 years these changes people in a much more aggressive way, available to meet the uniform tests are will provide almost $22 billion in direct directed with flexibility and with ac- those that can still be compared to the in-the-pocket benefit to students and countability at the local school dis- rest of the States. So you do not have parents who are trying to make sure tricts. It is truly a bit of an inconsist- a dumbing down of those tests. that their kids participate in higher ency to attack him on that point. There are other issues in that letter education and as a result can go into Then the letter went on to say, Well, which I will put in the RECORD—be- the American workforce better pre- you haven’t funded it up to the author- cause I have obviously taken more pared and have a better opportunity to ization level—No Child Left Behind. time and appreciate the courtesy of the be successful. There are many pieces of legislation Senator from Minnesota in his allow- As this chart shows, during the last attached to this Congress that are ing me to proceed even longer—that year of the Clinton administration, funded to the authorization level. And are simply inconsistent with the way total higher education tax benefits there is no legislation that has passed the law is being put in place and being amounted to $7.6 billion. President through this Congress in the last 2 organized. Bush’s tax benefits for helping families years that has received the type of The bottom line is this: No child left today represents almost a $12 billion funding increases that the educational behind is a dramatic departure from benefit. That is a huge difference. It is accounts have received, as I mentioned the historic role and goal and under- something, however, that is never men- earlier. taking that we have had in education tioned by the other side of the aisle. Authorization levels is a term we use in this country, a dramatic departure When President Clinton came into of- around here basically to set out a the- because it says, very simply, children fice in 1993, the total appropriations for matic approach to an issue; not an ac- can learn and will learn. And we are discretionary student programs was tual approach, a wish-list approach. going to require that our school sys- That is why we almost never go to au- about $8 billion. President Clinton’s tems not leave children behind. It is a thorization levels in funding. Think of last budget request for discretionary dramatic departure because it empow- it as your credit card. You have a max- student aid totaled about $11 billion, ers parents to do something when they imum level that you can take out an increase of about 5.4 percent per find their children in schools that are under your credit card, but rarely, year over 8 years. not working. It is a dramatic departure hopefully, do you ever get to that level. Let us remember that during all of because it gives local school districts, Usually you are borrowing much less those 8 years we were fortunate to have teachers, and principals a huge amount a surplus and a strong economy. In than that. Mr. President, I ask unanimous con- of flexibility to undertake the goals of contrast, when President Bush came sent for an additional 10 minutes. educating their children. It is a dra- into office in 2001, as I mentioned, the The PRESIDING OFFICER. Is there matic departure because it has ac- appropriations was about $11 billion for objection? countability, and it allows trans- student discretionary programs—for Without objection, it is so ordered. parency on that accountability. It is a student activities for schools. Presi- Mr. GREGG. Mr. President, the fact dramatic departure because it has huge dent Bush’s latest budget request for is, what counts is what is actually increases in funding, as have been out- discretionary student aid will be about being spent in relation to what was lined by the points I have made here $14 billion. That is an increase of 18.3 spent the year before and in relation to today. percent over the 2001 appropriations. the rest of the priorities of the Govern- Rather than attacking the funding Over 2 years that averages to a 9.1 per- ment. As I have mentioned, this Presi- effort, and rather than attacking the cent increase—almost 70 percent higher dent’s commitment to education has underlying goals here, we should be than the increases during the Clinton been $20 billion higher in 2001 than the pulling together to make sure this bill years. Clinton administration’s commitment succeeds because the success of this Remember that this was done and in its last year. As a percentage of bill is critical to the success of our Na- has been done during the period when spending of the Federal Government, it tion. we were facing a deficit. Of course, if dwarfs everything else. We are out- If we can produce an educational sys- you start adding in things such as the spending defense by a factor of 3 and tem which really does take care of all higher education and a tax cut, it even outspending health and human services American children, which really does gets higher and more significant. by a factor of 2. Yet the letter went on make sure that every child in the first Yesterday, Senator KENNEDY—soon to say that the funds were not ade- grade, the second grade, and by the to be, I believe, my ranking Member, I quately increased for teacher funding. I third grade can read, we will have am not really sure whether he is chair- mentioned that earlier. That is because made a massive stride to eliminating man or ranking Member right now. I we raised it $742 million the year be- poverty in this country, to making our believe he is still chairman—who I fore. Nation prosperous, and to making sure work with on the education committee We have a total funding for teachers that all Americans have a good and de- and Congressman MILLER, who is the of $3 billion in the appropriations proc- cent life and have a chance to partici- ranking Member of the House Edu- ess. So it is totally inconsistent to say: pate in the American dream. cation Committee, sent a letter to the Well, they have not increased it this This bill was an extraordinary bipar- Secretary of Education that suggested year—when they ignore and do not give tisan success. I regret there has been that we were underfunding No Child credit for last year’s $740 million in- this growing, orchestrated effort to ba- Left Behind; that the administration crease in teacher funding. sically try to undermine it. I hope my

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S96 CONGRESSIONAL RECORD — SENATE January 9, 2003 statements today have made it clear With regard to the new teacher require- are already doing a yeomen’s job to that on the facts the funding has been ments, it should be noted that the new comply with the many reforms in there. I hope that, as we move down ‘‘high-quality’’ teacher requirements that NCLB. This letter is nothing short of the road in the future, we can accom- were included in No Child Left Behind were an attempt to sabotage the bill and en- coupled with one of the largest increases in plish the goals of this bill, without get- teacher funding in history. Last year States sure that States and school districts ting into this type of debate but will received over $3 billion to assist them with will be so overwhelmed that they will rather be focused on debates as to how the teacher requirements—this was a 35 per- be unable to implement even the small- we can make it work better in the ac- cent increase over anything Clinton provided est provisions in the bill. tual delivery of service to the kids in for teachers. Furthermore, States are guar- Mr. GREGG. I yield the floor. I espe- America. anteed to continue to receive at least an- cially thank the Senator from Min- No child left behind is truly a his- other $3 billion. nesota for his courtesy in allowing me toric piece of legislation. Let’s try to Weakening drop-out provisions. Kennedy and Miller say that NCLB final regulations to proceed. make it work right. Let’s recognize establish an incentive for schools to focus on The PRESIDING OFFICER. The Sen- that we are working aggressively to ac- test scores while ignoring high dropout ator from Minnesota. complish that. rates, thereby jeopardizing the law’s ac- Mr. DAYTON. Mr. President, I thank On January 8, 2002, the one-year an- countability provisions. Nothing could be the distinguished Senator from New niversary of the passage of ‘‘No Child further from the truth; the regulations are Hampshire for his impassioned set of Left Behind’’, Senator KENNEDY and actually stronger than the statute. The stat- statements. I share the Senator’s hope Representative MILLER sent a letter to ute was unclear on graduation rates. The that we can work constructively on Secretary Paige suggesting that we are regulations state that even if all children are both sides of the aisle on behalf of edu- doing well in school, if dropout rates are imperiling the law’s goals by under- high, then the school is still identified as in cation in America. funding NCLB and by providing too need of improvement. Mr. President, I ask unanimous con- much flexibility in its implementation. Alternative certification. The Democrats sent that following my remarks, Sen- I ask unanimous consent that a re- criticize the Department for allowing teach- ator DEWINE be recognized for up to 15 sponse to Senator KENNEDY and Con- ers who are alternatively certified or work- minutes. gressman MILLER’s letter on No Child ing on becoming alternatively certified to be The PRESIDING OFFICER. Without Left Behind be printed in the RECORD. counted as highly qualified. This is a perfect objection, it is so ordered. example of how the Democrats do the teach- There being no objection, the fol- f lowing material was ordered to be er union’s bidding by trying to prevent individuals who don’t go through the traditional TAX CUTS printed in the RECORD, as follows: teacher certification process—which is domi- Let’s review the letter. nated by the unions and their allies—from Mr. DAYTON. Mr. President, I won- Funding. Kennedy and Miller misleadingly being hired by schools. They want no com- der if perhaps you and some of my col- claim that the Administration cut NCLB by petition from Teach for America or other leagues remember, as I do, the movie $90 million. Although it’s true that $90 mil- programs that encourage professionals from ‘‘Animal House,’’ one of the classic lion was cut from earmarks and the Fund for other fields to become teachers. American comedies. In the movie, the the Improvement for Education—which con- Prohibiting norm-referenced tests. Ken- rogue fraternity Delta House had one tains many untested, non-means tested pro- nedy and Miller state that NCLB prohibits grams—funding for Title I and IDEA was in- ‘‘norm-referenced’’ tests, which measure stu- solution to many of their problems, creased by $1 billion. An administration that dents’ achievement against that of their and that was a road trip. If there was requests such an enormous overall funding peers. That is patently false. Although the an academic suspension—a road trip; boost can hardly be criticized for cutting $90 House bill originally prohibited ‘‘norm-ref- fraternity problems—a road trip; expul- million from untested programs that are not erenced’’ tests, that provision was dropped in sions—a road trip. necessarily targeted toward either disadvan- conference and no such prohibition is con- Here in Washington we have some taged or disabled kids, and are therefore not tained in the law. who hold a similar one-line refrain to critical to successfully implementing ‘‘No Different tests for different students. The just about every problem; and that is— Child Left Behind.’’ Democrats claim that the Department al- The Democrats also state that the Admin- lows States to use a patchwork of local tests tax cuts. We have budget surpluses— istration’s budget is $7 billion shy of what to meet the new annual testing require- tax cuts; budget deficits—tax cuts; eco- was promised in NCLB. Let’s keep in mind ments, making it impossible to measure nomic recessions—tax cuts. that authorization levels are maximum num- whether achievement gaps are being closed. Well, like road trips, tax cuts are a bers that can be spent, not necessarily what The Department, however, has made it crys- lot more fun and popular than dealing should be spent. Think of it as the maximum tal clear the States can only use local tests with unpleasant realities. Tax cuts are on your credit card. You have a maximum if those tests allow for a uniform or com- practically guaranteed to make the amount of money you can borrow on your parable measure of student performance politicians who support them popular card, but generally you don’t spend all of across the State. NCLB is based on President that money. Authorization numbers are Bush’s firm commitment to reduce the with their constituents, and so I must similar. They are suggested levels of funding achievement gap. To infer that in any way confess to liking them myself. But, that are not necessarily based on what is this Administration would allow States to like road trips, tax cuts not only avoid needed or what is available to spend. mask the achievement gap is simply absurd. unpleasant realities, they often make Democrats know this. Back in 1995, when Allowing discrimination with federal funds them worse. They might postpone the they passed the last K–12 education bill, the and denying basic civil rights protections for day of reckoning, but the conditions Democrat Congress and President Clinton children. The Democrats are engaged in a bit will be even worse as a result, not only authorized $13 billion for education proof revisionist history when they claim that grams, yet they appropriated only $10.3 bil- NCLB allows federal education programs to because of the delay in facing up to lion. Curiously, not a single Democrat ac- directly fund religious organizations and to those realities, but also because of the cused President Clinton of under funding permit organizations to discriminate based tax cut itself. education by $2.7 billion. on religion. After many, many hours of nego- This tax cut proposal that the Presi- Unfunded mandates. Messrs. Kennedy and tiations, we reached a bi-partisan agreement dent made 2 days ago is the road trip Miller claim that NCLB burdens school dis- to be silent, that is, to allow current law to equivalent of visiting Fort Lauderdale. tricts and States with unfunded mandates to continue to operate, on the issue of Title VII It is excessive, it is reckless, it is dan- build schools and hire highly qualified teach- of the 1964 Civil Rights Act. Title VII pro- gerous, and it is seductively appealing. ers to comply with the bill’s public school hibits discrimination based on race, sex reli- choice capacity requirements, but that is not gion, and national origin in employment, ex- Masquerading it as economic stimulus the case. It should be noted that since 1995 cept with regard to employment by religious would be consumer fraud. I note with Congress has been prohibited from passing institutions. We did not, nor did we intend interest that the White House has unfunded mandates. to, reverse that precedent. To claim other- seemed to have dropped that claim. With regard to school construction, the wise is simply a ridiculous misinterpretation Little of it would take effect actually U.S. Department of Education has never re- of the facts. this year, and none of the proposals put quired school districts to build new schools In sum, the letter from Messrs. KEN- real dollars in the pockets of con- to accommodate NCLB’s public school choice provisions. Furthermore, the Department is NEDY and MILLER is classic political sumers. still waiting for States to draw down $900 ploy. The Democrats want the Depart- This is a reelection stimulus package million in school renovation funds that were ment to pile additional requirements aimed at 2004 rather than an economic appropriated in 2001. onto States and school districts who stimulus package aimed at 2003. It is

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S97 putting money in the pockets of the down the national debt and save $200 tration. I think it will be shameful for wealthiest Americans who, if this ad- billion a year in interest payments so anybody, any professional economist, ministration had its way, would, it that when the baby boom generation or economic policymaker to come to seems, pay almost no Federal taxes of retires in significant numbers, starting Capitol Hill in the next few weeks and any kind, whether they are alive or in about a decade, when that trust fund hedge or confuse or rationalize whether after they are dead. It is important we has to start cashing in its IOUs, that this is an economic stimulus proposal, remember that the richest Americans this country would be in the strongest which is not what its benefits are rel- already got huge tax reductions in 2001. possible financial condition to meet ative to its fiscal cost to this country, Those with incomes of more than $1 those growing needs. But in 2 years, and whether it promotes greater tax million a year will get an average of those surpluses have disappeared, and inequality or equity. And anyone who $650,000 in tax cuts over the 10-year life we are now looking at projected defi- is unwilling to speak that truth should of that bill. The rich do not need an- cits every year for the foreseeable fu- have the integrity to step out of any other tax cut, yet they would be the ture, which is heading us, with addi- public position or should just stay ones getting most of the money in the tional debt and no cushion, toward a fi- away from here entirely. President’s proposal. nancial Armageddon in a decade that To the millionaires and the multi- The struggling millionaire getting by will rival nothing we have seen in this millionaires of America, the captains on an annual income of $1 million or country since the Great Depression. of industry who are running up support more would be getting another $50 to The least we should do—not what we for this proposal, I know whereof I $100,000 a year in additional tax reduc- should do but the least we should do— speak. I say, you are letting your greed tion, depending on their amount of div- is not make it worse. This tax proposal ruin America. I can understand most idend income. Middle-income-tax pay- would do so. Americans’ aversion to taxes, espe- ers, upper middle income-tax payers, So in one tax proposal, we have cially the poor, the middle class, even people who work for a living, would get greater tax unfairness, greater income the upper middle class who are living the benefit of the increase in the child inequality, greater financial insta- on their earned incomes, who are raising children, wanting to improve their tax credit, which I support. That is a bility, a greater future catastrophe. own financial conditions and that of good idea. I hope this body will pass it. For this proposal and those who sup- their families. I can understand their But they will get little from the rest of port it, it is like an alcoholic. I am a resentment for every tax dollar. But if the President’s proposals. And for most recovering alcoholic, so I know whereof you can’t live on a million dollars in of them who put their investments into I speak. It is like an alcoholic who this country and pay your fair share of 401(k)s or IRAs or other retirement ac- knows that they should stop, that it is taxes on it, you should deal with that counts for whom dividend income is al- bad, that there are going to be future yourself. You are the luckiest people in ready tax exempt, there would be no disastrous consequences, but is unwill- America. You are the luckiest people ing or unable to do so. additional gain in our doing so at the in the world. You are the luckiest peo- cost of some $67 billion over the next 10 I must say that those of us who are ‘‘Friends of Bill W.’’ see other signs of ple in the history of the world. years to the Federal Treasury. If you are paying more taxes, it is be- that kind of behavior in some of the In fact, the total tax package of $670 cause you are earning more money, a statements being made these days, jus- billion in cost over the next 10 years lot more money in many cases in the tifications for these deficits—that a would give little boost to economic re- last few years. For people who want to trifecta caused our budget downfall; covery, little tax relief to most Ameri- make more money and pay less taxes cans, and once again, more huge tax people don’t cause deficits, trifectas on it, that, to me, is greed. To advocate cuts to the richest 1 percent of Ameri- cause deficits—and denial where top for it, knowing the financial condition cans. administration officials are starting to of this country, knowing the harm it Those of us who point this out are ac- say: Well, deficits don’t matter. would cause your children and your Well, they mattered when the Presi- cused of class warfare. I must say, this grandchildren when they have to pay dent was campaigning in the year 2000 is not my proposal. These are the facts. the bills in the years ahead, is not only and pledged to keep the Social Secu- And those who are proposing it are the selfish, it is downright unpatriotic. ones who are guilty of setting one class rity surpluses in a lockbox. They This antitax ideology is destructive of Americans against others. mattered the last 2 years when the to America. This obsession with paying In addition, this is a $670 tax package President criticized any attempt to no taxes whatever it takes, moving a that we cannot afford. We are already spend additional money on school- home or residence, moving a business, running, once again, $200-billion-a-year children or prescription drugs for the setting up offshore shells and tax eva- deficits. That is $200 billion a year in elderly. It seems that deficits don’t sions and other kinds of tax avoidance, deficit after we use up all of the Social matter only when the White House people who are doing so should be Security trust fund surplus. President wants to ignore them. ashamed. If this country falls into a fi- Clinton, in 1997 and 1998, balanced the It is bad enough that people in the nancial abyss in the years ahead, we Federal budget for the first time in 28 administration who should know better will have no one to blame but you. years. Then he did it again in 1999 and say that deficits don’t matter. It is Nothing that anyone has hoarded will 2000, in the actual operating account of their job to pretend that the emperor begin to replace the economic strength the Federal Government, leaving the has clothes even when he does not. But of this country if it is lost. Social Security surpluses untouched. other economists and economic policy- There are other reasons this tax cut As you recall, those of you who, like makers around the country who are is terrible. That is that it ignores the me, ran in the year 2000, most of us, I saying the same things and making up serious unmet needs of our people. The think probably all of us promised to rationalizations and contradicting priorities of this Congress and this ad- put that money in a lockbox. their former positions really are guilty ministration regretfully have been tax The President, when he was cam- of professional cowardice, and they do cuts for the rich ahead of quality edu- paigning, promised to put the Social their country a great disservice by the cation for our schoolchildren, prescrip- Security surpluses in a lockbox which masquerade they are enabling. They tion drug coverage for senior citizens, meant that the rest of the Federal op- have no honest escape from or avoid- disaster aid to destitute farmers and erating budget would have to be balance of the truth and the facts as they flood and fire victims, and a lot of seri- anced, and it was. It was projected by know them to be. ous unmet social needs. OMB in January of 2001 to remain bal- I must say that responsibility starts One of those areas of greatest critical anced, actually in a surplus, for the with and falls most heavily on the need and a broken promise of the Fed- next 10 years. Well, of course, that has Chairman of the Federal Reserve, who eral Government for a decade is the not happened. has danced around the head of a needle area of special education. It was a We have gone from debating, when I every time this administration has pro- quarter century ago when Congress first arrived here 2 years ago, how to posed policies which contradicted the made a promise that it would pay for 40 best utilize a $5.6 trillion expected sur- admonitions he consistently gave to percent of the cost of special edu- plus over the decade, how we could pay the Congress during the last adminis- cation. In fact, Congress even passed a

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S98 CONGRESSIONAL RECORD — SENATE January 9, 2003 law in 1982 that stated that it would do of students in a classroom doesn’t young athletes on yet another great so. It legally bound itself to providing make any difference. Anybody who has championship season. 40 percent of the cost of special edu- tried to teach kids knows it makes a I want to recognize the Raiders’ cation. difference. I have been to 150 more coach, Larry Kehres, for his dedication Today, nationwide it is 16 percent; in schools in Minnesota, and anybody who and commitment to the school and to other words, less than half of the prom- doesn’t know they are substandard and the team. He has just been named the ise that was made. dangerously decrepit—they can cite all AFCA Division III National Coach of For my State of Minnesota, that dif- the statistics they want, but they are the Year, making him the first coach ference amounts to over $200 million a not looking at reality. Anybody who to win 7 national coach of the year year in tax money, in funding for edu- thinks the schools are over funded and awards. Mr. President, this is an un- cation that has to be made up by tax that teachers who are averaging $40,000 precedented accomplishment. I con- money in Minnesota, with more regres- nationwide are overpaid should spend a gratulate Coach Kehres and his entire sive property taxes, State income day, a week, or a year in a school and coaching staff. I wish him and the Pur- taxes—money that Minnesota does not see what that job is about, see the kids ple Raiders and their fans all the best have and many other States don’t from all different backgrounds and for next season and for many years to have. countries with different languages and come. Now, I heard my friend from New capabilities—no wonder test scores are Mr. President, I also congratulate Hampshire recite a great number of affected. Ohio State football coach Jim Tressel, statistics that purported to dem- Anybody who thinks we are over who was named this season’s Division onstrate how much the Federal Gov- funding public education is off in an- 1–A National Coach of the Year. This is ernment has increased its funding for other world. In Minnesota and in other the third time Coach Tressel has been education. The problem with the num- States where funds are not and will not recognized as national coach of the bers of percentage of increase is the ac- be available through property taxes year, and deservedly so. He is a man tual base in many of these programs— and State taxes, the question is, Who who already has a lifetime coaching the measure was quite low. In fact, the will help us out? The Federal Govern- record of 142 wins, 62 losses, and 2 ties. Federal share for funding of all of K–12 ment has these tax cuts for the He has coached previous teams at education has been 7 percent. The wealthiest people, and we are saying to Youngstown State University to 4 na- State and local governments have been these kids: No, I am sorry, you go your tional championships and has qualified obligated to pick up the rest. For most own way, you suffer, we are not going for the Division 1–AA playoffs a re- of the time it has been desirable be- to put computers on your desks to en- markable 10 times in the past. He is a cause it has maintained local control able you to succeed. We are going to native Ohioan who graduated cum laud of our schools. But you can increase a test you and find out how you are in 1975 from another fine Ohio institu- low number by a high percent and still doing and use the bully pulpit. It is no tion of higher learning, Baldwin Wal- have a low number. wonder good teachers are leaving. Who lace College. Coach Jim Tressel I heard lots of blaming of the pre- would want to stay when that is going stresses academics, athletics, and com- vious administration, that they should on. This next year is about priorities munity responsibility. When Jim have spent more for education. I would for this country, priorities on how we Tressel took over as head coach of Ohio say, having come 2 years ago, probably will spend the money and the resources State, he said this: it should have done so. Probably the we have. That debate should continue. The two greatest days in our student-ath- last 25 years of administrations should I yield the floor. letes lives should be the day they walk have spent more for education—cer- The PRESIDING OFFICER. Under across the stage to receive their diploma and tainly in special education they should the previous order, the Senator from the day they slip a championship ring on have honored that promise when it was Ohio is recognized for 15 minutes. their finger. made and kept it. The priority of the Mr. DURBIN. Mr. President, I ask Because of Coach Tressel’s dedication last administration, almost by neces- unanimous consent to follow the Sen- to his athletes, many of the players on sity, was to bring this country out of ator from Ohio for 15 minutes. Ohio State’s football team have and deficits, to put this country back in The PRESIDING OFFICER. Without will accomplish both of these great sound fiscal condition, to put the So- objection, it is so ordered. honors. cial Security surplus money in a f Mr. President, I am sure many of my lockbox so it would, therefore, meet colleagues watched last week’s Ohio TRIBUTE TO OHIO COLLEGE present and future retirements. State-University of Miami game. What FOOTBALL TEAMS I believe I heard the Senator from a great game it was. Both teams played New Hampshire say that in all of those Mr. DEWINE. Mr. President, I am very well, and both schools can be very 8 years, this country was operating in a very proud, as the 108th Congress gets proud. I know that Senator REID and surplus. That is not the case. underway today, to pay tribute to the Senator MCCONNELL certainly watched The PRESIDING OFFICER. The Sen- awesome accomplishments of this sea- the game. They have both already ator has used up his time. son’s Ohio State University football come to the floor to talk about it. I Mr. DAYTON. Mr. President, I ask team—a team that, after what was cer- thank them for their remarks on the unanimous consent to have 2 more tainly one of the greatest games in col- floor earlier in the week. minutes to finish my remarks. lege football history, clinched the 2002 I was pleased to join my friend and The PRESIDING OFFICER. Without National Collegeiate Football Cham- colleague from Ohio, Senator GEORGE objection, it is so ordered. pionship title. This recent distinction VOINOVICH, in sponsoring a resolution Mr. DAYTON. Certainly we should represents Ohio State’s fifth outright honoring the team’s achievement. This have spent more. President Bush, to national football title. resolution commends not only the en- the extent he has spent more money— It is a great privilege, also, to rep- tire Ohio State athletic department, and he has—for special education, resent a State that is home to many but also recognizes the support and boosting the Federal share from 12 to outstanding schools and numerous past dedication of the Ohio State marching 16 percent, I give him credit for doing national champions of college football. band, the cheerleaders, the students, so. In Alliance, OH, for example, we have the administration, the board of trust- But I am not concerned about who is the Mount Union College Purple Raid- ees, the faculty, the alumni, the City of right. I am concerned about doing what ers. This exceptional football team Columbus, the entire State of Ohio, is right. I am concerned about what is ended the year with a 14 and 0 record, and all of the great fans. Indeed, this right for the schoolchildren of this Na- winning the division III national cham- season and last week’s championship tion. I speak as a former schoolteacher pionship for the sixth time in 7 years. game represent the culmination of a who taught in a public school in New The team is 109 and 1 in the last 11 year of hard work and a true team ef- York City with 32 children in the class- regular seasons. Since 1990, the Raiders fort. room. It was the toughest job I ever have won an incredible 162 out of 170 Mr. President, anyone who watched had. I heard them say that the number games. So I congratulate these fine last week’s game will tell you it was an

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S99 unbelievably tense game. Ohio State drews, Redgie Arden, Bryce Bishop, Mike begin a new Congress, and the Presi- entered the game at least an 111⁄2-point Bogart, Jason Bond, LeAndre Boone, Joe dent traveled to my State of Illinois, to underdog. The team’s defense was cer- Bradley, Bobby Britton, Jason Caldwell, Chicago, to announce his proposal for Bobby Carpenter, Drew Carter, Angelo tainly key in putting Ohio State into a Chattams, Bam Childress, Maurice Clarett, an economic stimulus. We need it; we position where they could win the Adrien Clarke, R.J. Coleman, John Conroy, need it desperately. For the last 2 game. During the first overtime, the Chris Conwell, Ryan Cook, Bryce Culver, years, we have languished. Our econ- game was tied 17 to 17. Then facing Mike D’Andrea, Doug Datish, Michael omy has gone from bad to worst. what could have been the end of the DeMaria, Mike Doss, Ivan Douglas, T.J. The President inherited a budget sur- game—fourth down and 14 yards to go— Downing, Tyler Everett, Dustin Fox, Simon plus, at least on paper, that gave us Ohio State completed a 17-yard pass to Fraser, Chris Gamble, Steve Graef, Cie some opportunities to pay down the Grant; debt of the Nation. Instead of bor- stay alive. Marcus Green, Andy Groom, Maurice Hall, I know Ohio State fans, whether they Roy Hall, Ryan Hamby, Rob Harley, Ben rowing money from the economy to fi- were in Tempee, AZ, or whether they Hartsock, A.J. Hawk, John Hollins, Santonio nance our Government, we were actu- were, as I was, watching TV in Holmes, Andrew Hooks, Josh Huston, Harlen ally not borrowing at the same rate. I Cedarville, OH, just could not believe Jacobs, Michael Jenkins, Branden Joe, Mike am careful with my rhetoric because I what happened. Ohio State’s quarter- Kne, Craig Kolk, Craig Krenzel, Mike Kudla, am being followed by Senator HOL- back faded back and made that unbe- Scott Kuhnhein, Maurice Lee, Jamal Luke, LINGS who is the guru and past master lievable pass on fourth down and 14. Nick Mangold, Thomas Matthews, John when it comes to the questions of defi- After a few more plays, the Buckeyes McLaughlin, Scott McMullen, Richard cits and surplus. He will quickly dis- McNutt, Jeremy Miller, Brandon Mitchell, scored from the 1-yard line to go into Steven Moore, Ben Nash, Donnie Nickey, abuse me of my notions if I am wrong. that second overtime. Mike Nugent, Adam Olds, Shane Olivea, Pat He will concede, as I hope I would as Then in the second overtime, Ohio O’Neill, Jim Otis; well, that our budget situation today is State scored on a rushing attempt, and Fred Pagac Jr., Roshawn Parker, Steve worse than it was when President Bush this proved to be the last score of the Pavelka, Joel Penton, Kenny Peterson, Scott took office in terms of the deficits we game. Miami got the ball, of course, Petroff, Quinn Pitcock, Robert Reynolds, are generating. and then on the last play of the game, Jay Richardson, JaJa Riley, Mike Roberts, That deficit situation reflects three Lydell Ross, Matt Russell, Nate Salley, B.J. fourth and goal at the 1-yard line, the Sander, Tim Schafer, Brandon Schnittker, situations, some of which we control Buckeyes blitzed and forced Miami’s Darrion Scott, Rob Sims, Antonio Smith, and some we do not. No one could have quarterback to rush his pass in des- Troy Smith, Will Smith, Michael Stafford, anticipated the negative impact Sep- peration, allowing the Buckeye defen- Alex Stepanovich, David Thompson, Matt tember 11 had on our economy and the sive linebacker to bat it down to the Trombitas, Jack Tucker, Kyle Turano, increased expenses of Government for ground. This moment secured Ohio Andree Tyree, Jeremy Uhlenhake, E.J. military and defense efforts. That is State as the 2002 national champions Underwood, Chris Vance, Bryan Weaver, something for which no President can and gave the team a place in history. Stan White Jr., Kurt Wilhelm, Matt Wil- be held accountable because it was to- helm, Sam Williams, Steve Winner, Mike Without a doubt, both teams played Young, and Justin Zwick. tally unexpected. That situation has well; both teams are great champions. added to our deficit. Many sports writers already have Mr. DEWINE. I thank the Chair, and The continued recession we are going made the case that Ohio State’s 31-to- I yield the floor. through has made the deficit even The PRESIDING OFFICER (Mr. EN- 24 double overtime victory in this worse: Fewer tax revenues going into SIGN). The Senator from Illinois. year’s Fiesta Bowl was the greatest Mr. HOLLINGS. Mr. President, I ask Washington, fewer dollars available for championship game in the history of unanimous that following the remarks spending on programs and a deficit as a college football. This sort of fantastic of the distinguished Senator from Illi- result. The third piece, though, has to fall finish was the same type of dramatic nois I be recognized. conclusion to many of the Buckeyes’s The PRESIDING OFFICER. Without on the President’s lap. He came to us wins this season. objection, it is so ordered. and said: I want to cut taxes, and if I The truth is Ohio State was under- Mr. DURBIN. Mr. President, I say to cut taxes, this economy will turn estimated the entire season, but be- my colleague from the State of Ohio, I around, trust me. The majority of the cause the players worked together as a tuned in to that game in the final Senate and the House did—I was not team to overcome huge obstacles, they minute of the regular game and was one of them—and they were wrong. were able to reach their ultimate goal. watching as one of the Miami running The President’s tax cut proposal did The unselfish attitude of the players backs was injured. It appeared the not invigorate the economy; it added and coaches resulted in win after win game was going to end with Miami to our deficit. So that red ink pool gets for their team. being the winner. I agree with the Sen- deeper and deeper. We are deeper in The Ohio State University football ator from Ohio, it was one of the most debt and the economy is still lan- team defied history and odds to win 14 exciting college football games I have guishing. games in one season, overcoming all ever seen. Of course, being from Illi- The President came back this week barriers along the way to persevere in nois, since our signature university is and said: I have a brand new idea: More the end. one of the 11 members of the Big Ten, of the same. Let me cut taxes on the I wish to conclude with the words of we are particularly proud that another highest income people in America, and former Ohio State national champion team from the Big Ten is the national I swear to you, America, this time it is coach, Ohio legend, the late Woodrow champion, and the Ohio State Buck- going to work; if you will just give the Wayne Hayes—Woody Hayes. I quote eyes certainly did us proud that richest people in America a substantial Woody Hayes: tax break, we know they will do the evening. I am sure Senator DEWINE is Anytime you give a man something he very happy about that outcome and right thing; we know they will invig- doesn’t earn, you cheapen him. Our kids earn proud of what they did as well. orate the economy. what they get, and that includes respect. Isn’t it interesting what the public Mr. DEWINE. Mr. President, if my It is with great respect today that I colleague will yield, I appreciate my reaction has been? CNN had a call-in say congratulations and go Bucks. colleague’s comment. I just knew my and said to the American people: Do Mr. President, I ask unanimous con- colleague from Illinois, another Big you buy the President’s approach? Do sent that the names of the Ohio State Ten school, would be rooting for the you want to try this again or would football team, coaching staff, and play- Buckeyes that day. you rather go for a different approach ers be printed in the RECORD. Mr. DURBIN. I certainly was. suggested by the Democrats, that we There being no objection, the mate- Mr. DEWINE. I appreciate that. have a smaller more manageable stim- rial was ordered to be printed in the f ulus package that helps us this year RECORD, as follows: immediately and is focused on helping 2002 OHIO STATE FOOTBALL TEAM ROSTER THE ECONOMY AND EDUCATION the majority of Americans, not just 1 John Adams, Tucker Allen, Will Allen, Mr. DURBIN. Mr. President, we came percent of the wage earners, the Tim Anderson, David Andrews, Kyle An- back to Washington to be sworn in and wealthiest?

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S100 CONGRESSIONAL RECORD — SENATE January 9, 2003 The CNN poll came back. Two to one, of his new administration. When he crease each year was 22.3 percent. In the people calling in said: We prefer was still in Texas before being sworn comes President Bush, the education the more managed approach, the small- in, he called in the congressional lead- President, proposing a 3.6-percent in- er stimulus that does not add to the ers, Democrats and Republicans, and crease. Thank goodness Congress re- deficit and, frankly, tries to help all said: Put your party label aside; can’t fused, denied him, and increased it to taxpayers, not just the wealthiest we all agree—Senator KENNEDY, Con- 20 percent. This tells you about the pri- among us. Two to one, people rejected gressman GEORGE MILLER and the Re- orities. President Bush’s failed economic pol- publican leaders—on a bipartisan basis Look at the increases in education icy which he is trying to bring back to to do something meaningful for Amer- over the last 7 years, overall spending us again. ica’s schools? He convinced them. He in education, and you see double digits, Let me tell you what is interesting, convinced me. He convinced the major- but for 1 year, until we come to Presi- too. President Bush suggests that in ity in Congress. We passed No Child dent Bush; his increase was 2.8 percent the course of this economic stimulus Left Behind and said we would go after in education. The education President we can take out of the Treasury during the 6 million-plus students in America will not put the money on the table. the next 10 years—let me get the num- who are falling behind in failing Under the Bush administration, we ber correct—$676 billion. Most of it is schools. We are going to not only find have the smallest increase for edu- not going to happen in the first year, out what their current state of education in 7 years. so it is not much of a stimulus pack- cation is, we are going to help the Now take a look at what the Bush age. It really does not happen at all. To school districts get back on their feet budget has done. Because he cuts back suggest that people who receive cor- with better teachers, better class- on education increases, because he will porate dividends this year will not rooms, more technology, more time in not fund his own No Child Left Behind, have to pay taxes next year—of course, the classroom, and better results. I 18,000 teachers were cut from profes- those are the wealthiest people in cheered it on. We all did. It was a bi- sional development to improve their America as a class—it will not stimu- partisan approach. The President took skills in the classroom; 20,000 students late the economy. Most Americans say great pride. This would be the center- lost college work-study programs; that does not make any sense at all. piece of his new administration. He was 25,000 limited-English-proficient chil- Why create a worse deficit for our truly going to be an education Presi- dren were cut from the Federal bilin- country, more debt for our children, dent. gual education programs; 33,000 kids more competition for capital funds be- As soon as the floodlights had cut out of afterschool programs; no in- tween business and Government with a dimmed and the television cameras had crease in Pell grants; no increase in program that won’t work? left, we learned something in this town student loans. Is this the education The President says we can take $676 of secrets, about a secret that had been President? billion out of our Treasury for this ex- kept by the administration. The secret No child left behind? Look who is being left behind. Not only the children periment, the first phase of which has was this: The President was prepared but the teachers—and the Nation. already failed. Taking that money out to sign the bill to approve the plan. If you take a look at President The President was not prepared to put of the Treasury would, of course, mean Bush’s budget, he promised 6.7 million the Federal dollars on the table to less money available for America’s pri- children would be rescued by No Child orities. make it work. As a consequence, we Left Behind. In fact, they have not What would that be? Well, more com- stand here today with mandates from been. They have been left behind them- pensation to provide for our military. this No Child Left Behind on school selves. The President said we were We are about to go to war. I hope we do districts in States across America and going to have 2 million more children not. If we do, make no mistake, we will the Bush White House refuses to fund protected this year. In fact, there are spend what is necessary to put our those mandates. only 354,000. troops in the field and make sure they Pick your State. With very few ex- When it comes down to it, you have are adequately trained, have the right ceptions, every State in the Union is in the Bush administration on the one resources and technology to win, and deep deficit. My home State of Illinois hand posing for pictures and shaking come home safely. We will spend that will swear in a new Governor on Mon- hands with school principals across money. And we should—every penny of day. Congressman Rob Blajovich is America and with the other hand it. leaving the House of Representatives reaching into their pockets and pulling The President says as we take money to become our new Governor. He inher- out their State funds to fund his un- out of the Treasury, it makes no dif- its a fiscal nightmare of a $4 billion funded mandate under No Child Left ference. It does; more money spent on deficit. California has more than a $30 Behind. We will have States paying for the military means less money spent billion deficit. These Governors who the testing required by the Federal elsewhere. For example, homeland se- are required to balance their budgets Government and not paid for, paying curity. We want to be safe in Illinois. will be scrambling to cut basic services for the evaluation of students required Every person does. It costs money. We or increase taxes. They have no other by the Federal Government and not need a statewide communication net- place to turn. paid for, teacher certification and im- work so all the first responders—police, One of the major responsibilities of provement required by the Federal fire, medical communities—can share our State is education. At a time when Government and not paid for, para- in communications instantly. It will the State of Illinois cannot afford to professionals improving skills required cost us $20 million. We do not have it. meet its basic obligation for education, by the Federal Government and not If the Federal Government wants to we have a mandate coming from Presi- paid for—along series of unfunded man- make America safer, wants real home- dent Bush, a mandate under No Child dates from this President. land security, start on the home front. Left Behind, which will add to the ex- What will it mean in the States When we take $676 billion out for a tax penses of Illinois and every other across the Nation? Read the bad news. break for wealthy people, the likeli- State, but the President refuses to put I have it here. State after State is seri- hood that Illinois will get $20 million the money on the table to fund his own ously considering, and some already to be safer as a State is diminished dra- education program. deciding, to go to a four-day school matically. Take a look at some of the charts to week because they cannot afford to Another area tells an important get an idea of the priorities of edu- keep the schools open while President story about the priorities of this ad- cation by this Bush administration. Bush sends unfunded mandates under ministration: education. When we take The Elementary and Secondary Edu- No Child Left Behind. more money out for tax breaks for cation Act, the basic bedrock of help- Mr. REID. Will the Senator yield? wealthy people, there is less money ing failing schools and students im- Mr. DURBIN. I am happy to yield. available to go into education. Remem- prove, is a part of the Federal budget Mr. REID. The Senator has outlined ber a year ago? A year ago yesterday which reflects the priorities of the ad- what we have required States to do as President Bush signed No Child Left ministration. Under the Clinton admin- a result of Federal legislation. What if Behind, the first and highest priority istration, the average amount of in- school districts decide not to do this?

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S101 Mr. DURBIN. They could face a cut- brought into sharp focus our dilemma revenues, increasing all the spending, off of the existing Federal funds they with respect to the prime initiative of and saying: I am against the Govern- are receiving. You have States that President Bush with respect to edu- ment, the Government is too big, the could be penalized, States that already cation. Government is not the solution, the are in trouble because of State deficits. I just finished a column for the local Government is the problem. They could be penalized by not com- newspaper relative to symbols versus I have sent to the desk a value-added plying with the Federal mandates that substance. You will find our Repub- tax. I want to increase taxes. I am President Bush created, signed, and re- lican colleagues very strong on sym- sober. I am experienced. I got a triple A fused to fund. bols but very weak on substance itself. credit rating back in 1959 for the little Now, let me tell you where I stand. Let me ask the question, rhetori- State of South Carolina. I know what Senator KENNEDY, who is not with us cally, of course: What Governor, what you have to do to pay the bill. I have today but he certainly has been our mayor—all of us are facing these defi- been the chairman of our Budget Com- leader on this issue, has called for full cits—is cutting taxes in the face of mittee up here in the National Govern- funding under title 1, full funding these deficits? With voodoo? In other ment, in the Senate. I can tell you, this under the IDEA program for disabled words, all you have to do to fix the def- is about my third try for a value-added students, and those are things I sup- icit is cut your revenues. We heard this tax. port. It comes to about $7 billion, if I under President Reagan, and Vice My bill will be referred to the Fi- am not mistaken. We should come up President Bush called it voodoo. We nance Committee. I know revenue with that money. If we can find $676 heard all you needed to do was to cut measures under the Constitution derive billion for tax breaks for wealthy peo- taxes and the people would have so in the House of Representatives. But I ple, can we not find $7 billion for edu- much money they would spend and ev- know also that we had a hearing back cation? erything else. We would have consumer in the 1980s when we had this voodoo. It is my position—and I do not speak demand. You would have sales tax rev- Lloyd Bentsen of Texas was chairman for anyone but myself on this—if this enues. You would have income tax rev- of that committee. I brought Dr. Congress fails to fund the unfunded enues, they would all increase, and we Cnossen, the Hollander expert. He tes- mandates of No Child Left Behind, this would just grow out of a deficit. tified, because he knew he had helped Senator will propose suspending those At that time Vice President George the United Kingdom. He had written a mandates, saying to those school dis- Herbert Walker Bush, Bush No. 1, value-added tax for Japan, for Can- tricts across America that until we are called it voodoo. ada—every industrialized country in prepared to put the money on the We just had, last year and the year the world save the United States has a table, until this economy is stronger, before, of course, voodoo II. A tax cut value-added tax. That is one of the big we are not going to require you to test of $1.3 trillion plus interest costs $1.7 deficiencies we have in international every student every year to make an trillion. We are cutting the revenues trade. evaluation of each of those students and at the same time in the 4 years, They have a 15 percent to 17 percent and go through all the requirements of and I want my colleagues to check the advantage with their VAT. We have the No Child Left Behind. record and mark it down, the defense disadvantage. When Dr. Cnossen testi- The President cannot have it both budget has gone in the last a little over fied, as they were leaving the room—I ways. He cannot call himself an edu- 3, nearer 4 years from 1998 until now, will never forget—former Senator John cation President, wrap himself in the from $271 billion to at least $371 billion. Chafee turned to Lloyd, the chairman, cloak of educational reform, and then It will probably be nearer $386 billion. and he said, ‘‘Lloyd, if we had a secret refuse to put the money on the table. We have increased defense costs $100 ballot we would vote it out of this com- That is what he has done, year after billion. We have increased health costs mittee unanimously.’’ year after year. $107 billion, when you look at Medicare We needed the money to balance the There are those who believe the way and Medicaid and the veterans. But budget. We tried with Gramm-Rudman- to stimulate America’s economy is to that does not include the community Hollings and had a temporary restraint make sure a majority of tax breaks go health centers or child health care, of on the Federal budget. But then in- to a majority of Americans who believe course. So we spend another $200 bil- stead of a prompter, a sword to prompt that we should invest, as well, in the lion there. We have increased agri- fiscal responsibility, it was used as a education of our children. Is there any- culture, farm subsidies another $35 bil- shield. We needed to take extreme ac- thing more important? This adminis- lion. tion. But we didn’t take it, and tration makes it the lowest priority. It While we are increasing the spending Gramm-Rudman-Hollings was out by should be our highest. That investment that both sides of the aisle support— 1992. Bush I was running a $400 billion by our Nation at this moment in time health care, defense, and agriculture, deficit and lost office to the Governor will not only help us through the cur- some $235 billion—and then we cut the of Arkansas. rent recession but it will also help us revenues $1.7 trillion, in voodoo, and Let’s get to the Governor of Arkan- for generations to come. we end up with a deficit. We are just sas. When Clinton got nominated, his f like the States. Only there is no seri- friend Erskine Bowles from Charlotte EXTENSION OF MORNING ous purpose up here for the needs of the got together business leaders and mar- BUSINESS country. It is only for the needs of the ket experts. They went down to Little Mr. REID. Mr. President, I ask unan- campaign. Rock. Along with them was Alan imous consent that morning business We have been using this Congress and Greenspan. Greenspan told then-Gov- be extended for 20 minutes, and that the White House to campaign. The ernor Clinton—he said, When you come the additional minutes be evenly di- heck with the country. Despite having to Washington you are going to have to vided between the Democrats and the just completed one election, we’re al- not only cut spending, you are going to Republicans. ready looking at the next election. And have to increase taxes. The PRESIDING OFFICER. Without the blooming media has gone along Clinton said, Are you serious? objection, it is so ordered. with us. They treat politics as a spec- He said, The country needs it. We are Mr. REID. I ask unanimous consent tator sport, where they want to know not going to have any investment, we that the Senator from South Carolina who is up, who is down, who is an- are not going to have any jobs, until be recognized for 20 minutes. nouncing, who is quitting, who is doing the Government starts paying down The PRESIDING OFFICER. The Sen- this, and who is doing that. You can’t the debt. ator from South Carolina is recognized get their attention on paying the bill. And paying down the debt was the 8- for 20 minutes. As a result, the debt has soared to year chant on the floor of the Senate. f $6.3 trillion. We will be debating next You can’t hear it now. You can’t hear month about increasing the debt limit. it now, about paying down the debt. THE ECONOMY I want to see how many of my col- You have to have tax cuts and so forth. Mr. HOLLINGS. I commend our dis- leagues will vote for that. They have One side says let’s have, I don’t know, tinguished friend from Illinois. He has increased the debt by cutting all the a $700 billion, $800 billion, $900 billion

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S102 CONGRESSIONAL RECORD — SENATE January 9, 2003 tax cut. The other one says, no, only I can tell you now the military is FELLER, reminded us how we lost the $200 billion or $300 billion. We are back stretched. That Reserve crowd that steel industry. We can go right on into the ying and the yang. We had flies the C–17s in my backyard have down. We have 6.3-percent unemploy- that under voodoo I, under Bush II, been there since September 12, 2001. If ment in my little State of South Caro- year before last, when he said he want- they made $60,000 or $70,000 in private lina. We are not manufacturing any- ed $2.3 trillion in tax cuts. The Demo- life, they are down now to $35,000 at the thing. We have exported the industrial crats come around and said $900 billion most. They cannot pay their rent. It is backbone of the United States. What and we compromised at $1.3 trillion and the same way with the National Guard. we have is not free trade. Now the Sen- with interest costs $1.7 trillion. That is They are being called up everywhere in ator from Kansas understands that it is what we are on course to do. these particular cases. competitive trade. Politicians go on the weekend shows We need to come to grips with what There are all kinds of subsidies. chanting, I am for the rich, you are for we are doing and cut out the cam- There is a standard of living. We re- the poor, the ying and yang, and it is paigning and start looking at the needs quire before you open up any manufac- all campaign applesauce. It is not for of the country. Specifically, every Sen- turing, you have to have clean air, the good of the country. ator says we are not going to spend So- clean water, Social Security, Medicare, I am telling you what we need to do cial Security. President Bush, in Feb- Medicaid, plant closing notice, paren- is pay for the war. We have a Presi- ruary the year before last, when he tal leave, safe machinery, safe working dent, a Commander in Chief who says, submitted his message to the Congress places—go right on down the list—the look, I am going to send you to get said: I am setting aside $2.6 trillion for highest standard of living. You can go killed in Iraq, or maybe North Korea, Social Security. to Mexico for 58 cents an hour, and you or wherever he is headed. He is going to We have that, and more. In the law, can go to China for less than that. ask you to fight and sacrifice, but we it says: You shall not spend the Social They are leaving Mexico to go to are not going to pay for it. We are Security surplus on anything other China. They are all talking about free going to have to run deficits. In past than Social Security. That is section trade. Nothing is free. It is competi- wars we ran deficits, but we paid for it 13301, recommended in section 21 of the tive. at the particular time. Greenspan Commission. I dropped in a We have to rebuild the economic What really happened? If you take all bill that requires the Secretary of the manufacturing capacity and strength of the deficits for the last 30 years— Treasury to certify that if there is a of the United States. We need jobs. We right after World War II—under Presi- deficit there cannot be a tax cut. That are not going to have any jobs until we dents Truman, Eisenhower, Kennedy, tax cut—whatever they pass in this get a competitive trade policy. Other- Johnson, Nixon, Ford—you take the pandemonium, pell-mell rush for re- wise we are not going to have any in- sum total of all those deficits. It is $358 election—whatever tax cut they pass vestment long-term because what we billion. will not take effect until that on-budg- are doing is increasing interest on We just finished the fiscal year—one et surplus or on-budget deficit is zero. taxes. You cannot avoid it. The inter- year under Bush II—which does not in- That is the test of not using Social est costs for the debt is growing at $1 clude the cost of the real war. It was Security moneys. I want to keep them billion a day right now. If we go to war, only an excursion in Afghanistan. The honest. I have already introduced it as oil costs are going up, and interest Congressional Budget Office says the a bill. It won’t be a surprise. I had it all costs are going up. Rather than $365 excursion in Afghanistan and homeland ready last year. We couldn’t even de- billion, interest costs are going to be security amounts to $35 billion at the bate the budget last year. We were up to $400 billion to $500 billion for just most. But in one year we have run a criticized on the Democratic side of the carrying the charges—for the privilege deficit of $428 billion. And to what do aisle for not bringing up the budget. of campaigning and the politicians we owe this amount? Guess what. We But I say bring it up and we will get looking out for their reelection and not had a stimulus—I want everybody to the votes and find out whether they for the country. hear this—a stimulus of $428 billion in really want to protect Social Security I am sorry to say this. But that is the the last fiscal year. We are already $159 because they have been spending it on truth. billion in the red the first 3 months of any and everything but Social Secu- I see others are now ready to speak. this fiscal year. rity. Under section 21 of the 1983 Green- I will speak at length otherwise with Added together, you have a $587 bil- span Commission report, it said set respect to the draft. There is no sense lion stimulus in the last 15 months. It these funds aside in trust for the baby of sacrifice in this country. Our friend, hasn’t worked. We are getting worse boomers. There is nothing wrong with CHARLIE RANGEL, over on the House and worse. There is not going to be fi- Social Security except how they spend side, has put in the draft bill. In the be- nancial investment as long as we con- it. Now we owe the Social Security ginning, I was opposed to the creation tinue on this course. It is absolutely trust fund $1.3 trillion because we have of an all volunteer force. So I put the reckless to talk about whether any been spending it on any and everything draft bill in the Senate three other kind of a dividend can do it, or whether other than Social Security. times. And I put it in now a fourth a marriage penalty can do it, or what- Let us not double talk the electorate. time day before yesterday because ever else. They have to come around Let us remember to tell the truth to there has to be a sense and a feel of and argue about double taxation and the American people. But I can tell you shared sacrifice. Don’t come and tell us everything else of that kind. We need the bottom line is there is a $428 billion we have a strong economy, and I am to do both. We need to cut the spending deficit for 2002, and we are $159 billion sending you to get killed; and, this is a and we need to increase the revenues. already in the red in first 3 months of wonderful thing. We have to have more To accomplish this goal, we must have 2003—in the last 15 months we have $600 confidence in our commander in chief. a value-added tax. billion of stimulus money that hasn’t He simply cannot just go to flag fac- I can tell you here and now that it stimulated the economy. Another $30 tories, get his sound bite early in the will take a year to get this 1 percent billion or $40 billion a year is not going morning, rat-a-tat-tat sound bite, have value-added tax up and running. It will to stimulate it. two fundraisers at night, and let the take a year to get it the administra- So we are whistling ‘‘Dixie.’’ We are country go to—you know what—in a tion worked out, and to get the dif- doing this not for the country but for hand basket. ferent businesses to change around campaigns. That is what is going on. We have to their computers and for the IRS to in- I want to say one more word with re- sober up. We have to pay for the war. stitute it. And when we do it will get spect to the economy. We were having There has to be a shared sacrifice and about $35 or $40 billion, and we will a hearing, and the distinguished Sen- sense of it in this country. I think the begin a modest effort to pay for what- ator from Kansas talked about Boeing country is ready, but the Government ever war, whether it is a domestic war, and how they just lost some 10,000 jobs. is not. an Iraqi war, a North Korean war, or I reminded him that since NAFTA, we I yield the floor. some of the 14 peacekeeping oper- have lost 55,200 textile jobs. The Sen- The PRESIDING OFFICER. The Sen- ations. ator from West Virginia, Mr. ROCKE- ator from Wisconsin.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S103 Mr. FEINGOLD. Mr. President, I month, as the new Congress convenes pledged to serve and protect. That con- thank the Senator from South Carolina and as the Nation celebrates Dr. King’s fidence is crucial to success in stopping for his remarks. birthday. crime, and, yes, in stopping terrorism. f Perhaps no issue on this agenda is The End Racial Profiling Act is good more urgent than the issue of racial for law enforcement and good for EXTENSION OF MORNING profiling. Racial profiling is the insid- America. BUSINESS ious practice by which some law en- As Dr. King often implored his fellow Mr. FEINGOLD. Mr. President, I ask forcement agents routinely stop Afri- activists, it is not time to wait. It is unanimous consent that the period for can Americans, Latinos, Asian-Ameri- not time to ‘‘slow up’’ or ‘‘cool off.’’ He morning business be extended; that I be cans, Arab Americans, and others sim- said, ‘‘[W]e can’t afford to stop now be- recognized for up to 20 minutes and ply because of their race, ethnicity, or cause our Nation has a date with des- that Senator LEVIN be recognized for national origin. Reports in States from tiny. We must keep moving.’’ Mr. up to 10 minutes. New Jersey to Florida, and Maryland President, it is time to act. Mr. STEVENS. I temporarily object, to Texas all show that African Ameri- Yes, we have many pressing prior- Mr. President. cans, Hispanics, and members of other ities this Congress. And I certainly The PRESIDING OFFICER. Objec- minority groups are sometimes being think that first and foremost is com- tion is heard. stopped by some police far in excess— bating terrorism and addressing our Under the previous order, the major- far in excess—of their share of the pop- Nation’s weak economy. But we cannot ity controls the remainder of the time ulation and the rate at which they en- ignore a fundamental responsibility of in morning business. gage in criminal conduct. this Congress: to fight for freedom, jus- Is there objection? Just this week, the Boston Globe ran tice, and equality for all Americans. In Without objection, it is so ordered. a series of news articles about its anal- addition to passing the End Racial Mr. FEINGOLD. I thank the Senator ysis of traffic stop data in Massachu- Profiling Act, Congress and the Presi- from Alaska. setts and came to the same troubling dent should also address a range of f conclusion we have seen in places such civil rights-related issues this Con- CIVIL RIGHTS AS A PRIORITY FOR as New Jersey and Maryland. Racial gress—from education, to welfare, to THE 108TH CONGRESS profiling still exists and is a very real health care, to improving our criminal problem. It hasn’t gone away or ended. justice system. Mr. FEINGOLD. Mr. President, this In fact, the Massachusetts experience We should ensure that every child month our Nation will celebrate what only underscores the need for a na- has access to a quality public edu- would have been Dr. Martin Luther tional law on this issue of racial cation. I voted against the education King, Jr.’s 74th birthday. It is right and profiling. And the time to act is now. bill in the last Congress, because I do fitting that on the third Monday of I might add that the urgency for ban- not believe that it will bring us closer every January since 1986, Americans ning racial profiling is compounded by to that goal. I am particularly con- have paused from their work, school, or concerns post-September 11 that racial cerned about the annual testing man- other activities to honor Dr. King and profiling—not good police work and date included in this law. Study after his legacy. Dr. King gave hope to mil- following up on legitimate leads—is study shows that disadvantaged stu- lions of Americans and was a catalyst being used more frequently against dents lag behind their peers on stand- for the greatest advancement in civil Arabs, Muslims, or Americans who are ardized tests. If we are to truly leave rights our Nation has experienced since perceived to be Arabs or Muslims. no child behind, we should give local the end of the Civil War. President Bush pledged to end racial school districts the resources they need Because of great Americans such as profiling nearly 2 years ago during this to provide the basic educational serv- Dr. King, separate but equal is no first address to a joint session of Con- ices and programs to which each child longer the law of the land. Because of gress. Attorney General John Ashcroft is entitled. If we fail to provide these the progress we have made in the last also has acknowledged the damage resources, we run the risk of setting 50 years, segregation in public schools caused by racial profiling and, he too, disadvantaged children up for failure has been unlawful. African Americans called for an end to the practice. So it on these tests—failure which could have the right to vote. Americans can- is time for this administration to move damage the self-esteem of some of our not be fired or denied a job based on this effort forward. most vulnerable students. race, religion, ethnicity, national ori- In the last Congress, a bipartisan Congress should also do more to en- gin, gender, or age. Our Nation has group of Members of Congress spon- sure that federally funded programs made great strides to protect freedom sored the End Racial Profiling Act. comply with civil rights and other and equality for all Americans as a re- Representative JOHN CONYERS, the dis- laws. In particular, we must improve sult of Dr. King’s leadership. tinguished ranking member of the the Federal welfare law to require that But almost 40 years after Dr. King House Judiciary Committee, and I, in- each State’s program treats all appli- delivered his historic ‘‘I Have a tend to reintroduce our bill early in cants and clients fairly. While Congress Dream’’ speech on the steps of the Lin- this Congress. Our bill bans racial rightly encouraged State-level innova- coln Memorial, and nearly 35 years profiling and requires Federal, State, tion with the 1996 welfare law, we after Dr. King was tragically gunned and local enforcement agencies to take should use the pending reauthorization down at a hotel in Memphis, TN, our steps to prevent the practice. This bill of that law as an opportunity to ensure Nation still has a long way to go to fin- should be one of the top agenda items that all State plans conform to uni- ish his work. in this Congress, and the administra- form Federal fair treatment and due As we begin the 108th Congress, I tion should follow through on its prom- process protections for all applicants want to take this moment to urge both ise to address this issue. and clients. my colleagues and the President to September 11 cannot be an excuse for Congress should ensure that all make civil rights a priority. continued delay in dealing with the Americans get a fair wage for an hon- Earlier this week, the Senate wel- problem of racial profiling. This is a est day’s work. Too often, parents work comed a new majority leader, Senator problem and a challenge that our coun- double shifts or more than one job for BILL FRIST. But the discussions leading try can and must meet. We need im- low wages in order to make ends meet up to that should be the beginning, not proved intelligence and we need im- and to provide the basic necessities for the end, of a national discussion about proved law enforcement, not racial their families. We must at last increase the unfinished work of securing civil stereotypes, to protect our Nation from the Federal minimum wage. And we rights for every American. future terrorist attacks. must work to close the wage gap be- Congress and the President can dem- Indeed, I believe that the End Racial tween women and men. onstrate their support for freedom and Profiling Act is a pro-law enforcement Congress should also take action to justice by supporting civil rights ini- bill. It will help to restore the trust ensure fairness and justice in the ad- tiatives that have been ignored for far and confidence of the communities our ministration of the death penalty. We too long. And they should begin this police and law enforcement have know that the administration of the

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S104 CONGRESSIONAL RECORD — SENATE January 9, 2003 death penalty at the Federal and State islation sponsored by Senator LIEBER- would say I am certainly one of them— levels is flawed. With over 100 innocent MAN and myself, under D.C. Delegate who would vote no if we were to have a people on death row later exonerated in ELEANOR HOLMES NORTON’s leadership, rollcall vote on this continuing resolu- the modern death penalty era, any rea- to grant full congressional representation today. I have attempted to accom- sonable person can see that the current tion for the District of Columbia. modate colleagues who are not able to system risks executing the innocent. Finally, the President should dem- be here as a result of their illness, and Just this week, the University of onstrate his commitment to justice for it is only as a result of illness we will Maryland released a study finding all Americans by nominating judges to forego the need for a rollcall vote. But enormous racial and geographic dis- the Federal bench whose records dem- I think this moment requires at least parities in the Maryland death penalty onstrate that they will uphold our Na- an explanation. system. African-American defendants tion’s civil rights laws and give fair We are now into the 6th month of the accused of killing white victims are and impartial treatment to all who effort underway in Congress to address significantly more likely to face the come before them. The President’s re- appropriations. We have continued to death penalty than cases with nomination this week of Charles Pick- extend the continuing resolutions at nonwhite victims. Prosecutors in Balti- ering, Sr. to a position on the Fifth levels far below what is viewed as ade- more County are significantly more Circuit is a step backward. As a mem- quate for education, homeland secu- likely to file initially for a death sen- ber of the Judiciary Committee, I re- rity, health, research, and for the pri- tence than other Maryland jurisdic- viewed his record closely last year and orities that many of us hold to be the tions. came to the conclusion that Mr. Pick- most important. So I must say I am I think Governor Glendening did the ering would not be fit for a position on deeply troubled by this continuing ex- right thing when he placed a morato- the Fifth Circuit. I am not convinced tension of the continuing resolution rium on executions last year, and I that he will give all who come before without addressing the need for ade- urge Governor Ehrlich to continue that him a fair hearing, especially on issues quacy in education and homeland secu- moratorium while he and other Mary- of racial justice. rity, in particular. land officials analyze this study’s dis- Soothing words or a change of leader- Basically, what this reflects is a dra- turbing findings. It would be contrary ship alone cannot heal the divisions matic cut, a deep cut in the funding for to our Nation’s fundamental principles that remain in our Nation. Congress education, a deep cut in the funding for of justice and fairness to execute any- and the Administration must take con- homeland security, a deep cut in trans- one in Maryland until the disparities crete steps to protect Americans’ civil portation and research—cuts virtually identified by this study have been ad- rights, not just give them lip service. across the board. I hope this will be the dressed. As Dr. King said, ‘‘This is no time to Of course, Maryland is not the only engage in the luxury of cooling off or last continuing resolution that we will State with troubling racial and geo- to take the tranquilizing drug of grad- adopt in this manner. graphic disparities in its death penalty ualism. Now is the time to make real I know that the chairs and ranking system. Similar concerns have been the promises of democracy.’’ members of the Appropriations Com- raised about the Federal system, as There is much more work to do to mittee are working now to resolve the well as the administration of the death fulfill Dr. King’s dream that all of other matters relating to these prior- penalty in other States. That is why America’s children would someday live ities and will bring an appropriations Congress should pass the National in a country ‘‘where they will not be bill to the floor perhaps within the Death Penalty Moratorium Act. Con- judged by the color of their skin but by next few days. gress and the President should support the content of their character.’’ Let’s It is with that understanding that we a moratorium on executions while a begin that work in this Congress, in will not object to this CR, that we will national, blue ribbon commission re- this body, during this month when the not ask for a rollcall vote, but that we views the fairness of the administra- nation celebrates Dr. King’s birthday. will voice, as strongly as we can, our tion of the death penalty. There is no time to waste. opposition to these cuts and our deter- This is a civil rights issue. We simply I yield the floor. mination to find a way to address them cannot say we live in a country that of- Mr. STEVENS. Mr. President, I sug- successfully as we consider the appro- fers equal justice to all Americans gest the absence of a quorum. priations bills perhaps as early as next when racial disparities plague the sys- The PRESIDING OFFICER. The week. I do not object. tem by which society imposes the ulti- clerk will call the roll. The legislative clerk proceeded to Mr. STEVENS. Reserving the right mate punishment. to object. Congress must also do more to pro- call the roll. The PRESIDING OFFICER. The Sen- tect hardworking Americans from dis- Mr. FRIST. Mr. President, I ask ator from Alaska. crimination in the workplace. We unanimous consent that the order for should pass the Employment Non-Dis- the quorum call be rescinded. Mr. STEVENS. Mr. President, I con- The PRESIDING OFFICER (Mr. GRA- crimination Act. I have been pleased to gratulate our leaders for this under- HAM of South Carolina). Without objec- join my colleague, Senator KENNEDY, standing. We are standing by ready to tion, it is so ordered. in sponsoring this important bill that commence work on the 11 bills that are will ensure that Americans are not dis- f the fiscal year 2003 appropriations bills. criminated against by employers based MAKING FURTHER CONTINUING We have had great bipartisan work on on their sexual orientation. The world APPROPRIATIONS FOR FISCAL our committee with the staff and the has changed. It is time that we take YEAR 2003 Members. I believe the Democratic leader is absolutely correct; we are pre- this step on behalf of equal opportunity Mr. FRIST. Mr. President, I ask pared to work with anyone in the Sen- and equal rights. unanimous consent that the Senate ate to try to work out any details that Congress should also take another proceed to H.J. Res. 1, the short-term might have to be considered. We look step to realize Dr. King’s dream of a continuing resolution which is at the forward to working with Senator nation where all Americans have the desk; further, that the resolution be DASCHLE in every way possible so we right to vote and to be represented in read the third time and passed, and can move these bills as quickly as pos- their Congress. We meet today in a ju- that the motion to reconsider be laid sible. risdiction where over half-a-million upon the table. people are denied the right to fully par- The PRESIDING OFFICER. Is there I speak as one who has just come ticipate in their government. The ma- objection? back from my home in Alaska. We have jority of the people in this jurisdiction, Mr. DASCHLE. Mr. President, reserv- the highest unemployment I have seen. the District of Columbia, are African ing the right to object. Many of these bills contain money that American. Shutting them out of our The PRESIDING OFFICER. The would bring construction items and Government is a continuing moral Democratic leader. jobs to my State during this year. If we stain on our Nation that must be ad- Mr. DASCHLE. Mr. President, there delay any further, we miss the con- dressed. We should take action on leg- are a number of our colleagues—and I struction season. These bills are vital

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S105 to restart our economic engine. I am In addition to the program cuts list- would seriously deteriorate. If emergency pleased to have this report that we are ed by Chairman YOUNG, the House CR funds are excluded from the CR calculations able to move forward on this con- omits assistance for thousands of farm- (which is historically the case), TSA would be under an annual rate of $1.5 billion for the tinuing resolution. I can pledge the ers all over this country who are con- life of a long-term CR. This would be only 28 four leaders of the Appropriations fronting the worst drought in more percent of their FY03 budget request ($5.3 Committees—of the House and Sen- than 50 years. billion). At this level, it is unlikely TSA ate—on a bipartisan basis have agreed This is the wrong way to do business. could maintain their current workforce of to work together to get these bills fin- We should be completing our work on 32,000 screeners as well as air marshals. TSA ished as rapidly as possible with the the bipartisan appropriations bills, not would likely face personnel RIF’s. Most air- help of the leaders. I thank the leaders. cutting education, veterans affairs, ports would not be able to meet the dead- The PRESIDING OFFICER. The homeland security and other important lines for security improvements established by Congress last December. Democratic leader. priorities. Coast Guard—The Coast Guard is request- Mr. DASCHLE. Mr. President, Sen- Each of these bills properly fund key ing a large ($500 million) budget increase in ators should not be under any illusion: priorities. And, most importantly, each FY03, and much of this is to hire additional CR will starve vital functions of gov- enjoyed the unanimous support of the security personnel, such as Maritime Safety ernment. You don’t have to take my Democrats and the Republicans on the and Security Teams to patrol harbors and re- word for it. According to Representa- Committee. spond to suspicious activity. It also includes funds to expand the sea marshal programs, tive BILL YOUNG the Republican chair- Mr. President, the chairman of the which escorts DoD and high-risk commercial man of the House Appropriations Com- Appropriations Committee in the ships into pert. Under the FY02 level, these mittee, a long-term CR at these levels House wrote a memo that has been safety expenses would be deferred, or would ‘‘would have disastrous impacts on the widely read. It is an excellent memo require diversion of fund from other critical war on terror, homeland security, and that reviews the impact of these cuts. missions such as drug interdiction or search other important government respon- It was sent to the Speaker last Octo- and rescue. Coast Guard ‘‘deepwater’’ pro- sibilities.’’ ber. I ask unanimous consent that the gram is slated to expand from $500 million in Chairman YOUNG wrote that sentence memo be printed in the RECORD. FY02 to $725 million in FY03. The contract in a memo he sent to Speaker There being no objection, the mate- was just signed this past June. Under a long- term CR, the effort will have to be scaled HASTERT. The memo went even further, rial was ordered to be printed in the back due to lack of funding. This will impact detailing the impact of a CR on a host RECORD, as follows: shipyards, design companies, aircraft manu- of important domestic programs. Here MEMORANDUM facturers, and integration companies, all is a sampling of what Chairman YOUNG To: Speaker Hastert around the country. said will be cut: From: Chairman C.W. Bill Young Bioterrorism—President has proposed a No. 1, FBI: The funding to hire addi- Re: Impacts of a Long-term Continuing Res- nearly $800 million increase for new, basic tional agents to fight terrorism and to olution bioterror research, $250 million to develop continue information technology up- Date: October 3, 2002 and test a new improved anthrax vaccine, Pursuant to my October 1st correspond- and $150 million to assist universities and re- grades would be denied; search institutions in upgrading research fa- No. 2, bioterrorism: There would be ence regarding the state of the appropriations process, I want to provide you with fur- cilities to conduct secure, comprehensive re- no funding for the President’s $800 mil- ther analysis of the potential impacts of a search on biological agents. None of these lion initiative to increase funding for long-term continuing resolution (CR). These important initiatives to combat, study and new basic bioterror research, to de- projections assume a current-rate CR exclud- prevent bio-terroism would be funded under velop and test a new improved anthrax ing one time expenditures that extends a long-term CR. vaccine, and to assist universities and through February or March. Border Patrol/INS—Efforts to deploy an additional Border Patrol agents and immi- research institutions; A long-term continuing resolution (CR) that funds government operations at FY02 gration inspectors at land port-of-entry No. 3, first responders: There will be along both the northern and southern bor- no funding for the President’s $3.5 bil- levels would have disastrous impacts on the war on terror, homeland security, and other ders would be stalled. Likewise, construction lion initiative to provide assistance to important government responsibilities. It projects that are necessary to house these local law enforcement, fire depart- would also be fiscally irresponsible. It would additional Border Patrol agents would be de- ments, and emergency response teams; fund low-priority programs the President has layed. No funding would be available to con- No. 4, SEC/corporate responsibility: proposed to eliminate. tinue planning and implementation of the There will be insufficient funding to Homeland Security—The President has INS’ Entry Exit system, a program designed support current staffing requirements proposed a nearly $40 billion increase for to facilitate more secure and controlled ac- homeland security in his FY03 budget. None cess to this country by non-U.S. citizens. let alone significant staff increases First Responders—The President has proof these funds would be provided under a needed to monitor corporate behavior; posed a new initiative to provide $3.5 billion long-term CR. Assuming Congress completes No. 5, veterans medical care: A long- in assistance to local law enforcement, fire work on creating a Department of Homeland departments and emergency response teams term CR would leave the veterans med- Security, a long-term CR would leave this across the Nation. No funds would be pro- ical health care system at least $2.5 bil- new agency with very little resources to vided for this program, one of the highest do- lion short of expected requirements; carry out its new mission. mestic security priorities for the President No. 6, firefighting: The $1.5 billion Projects—A long-term CR ensures that no and his Homeland Security advisor. Tom Member of Congress would receive a single taken from other Interior Department Ridge. project. The Committee has received tens of programs to pay for firefighting costs Hospital preparedness—We would not have thousands of requests for billions of dollars will not be replaced; sufficient funds to assist hopitals in making from almost every Member of Congress. No. 7, Pell grants: A freeze in this the necessary infrastructure improvements War Supplemental—It is likely that the and expansions so that they are prepared to program will result in a shortfall of first item Congress will consider when we re- respond to bio-terrorism emergencies. over $900 million; convene after the election is a major supple- No. 8, Medicare claims: There will be Diplomatic security—We would not have mental to fund possible military operations the funds to hire additional State Depart- no funding for the President’s $143 mil- in Iraq. It would be highly problematic to ex- ment security staff for deployment overseas, lion proposal to ensure that the grow- pect the Congress to complete work on 11 or to carry out needed technical and physical ing number of claims are processed in a spending bills while working on an urgent security upgrades. timely manner; war supplement. Office of Homeland Security—The Office of No. 9, special supplemental feeding HOMELAND SECURITY IMPACTS OF LONG-TERM Homeland Security was funded through the program for WIC: Funding would be re- CR $20 billion supplemental. Under a clean CR, duced by $114 million below current FBI—We would not have sufficient funding this office would not be funded. levels, meaning less will be available to hire additional agents to fight terrorism PROGRAMMATIC IMPACTS OF LONG-TERM CR for families that depend on this pro- and to continue IT upgrades that will help SEC/Corporate Responsibility—We would gram; the FBI ‘‘connect the dots’’ through data not be able to fund current staffing require- mining proposals and other information in- No. 10, Social Security claims: There ments, let alone support significant staff infrastructure enhancements. creases needed to fight corporate fraud and will be no funding increase to process TSA—Efforts to improve aviation, mari- protect investors. and pay benefits to millions of Social time and land security would be seriously Veterans—The veterans medical care sys- Security recipients. curtailed. Port, cargo, and trucking security tem will likely be at least $2.5 billion short

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S106 CONGRESSIONAL RECORD — SENATE January 9, 2003 of expected requirements. Veterans would be would be reduced $114 million from current this President. We have returned to deprived of significant increases in medical levels. This would result in less assistance deficit spending and are mortgaging care proposed by the President and the being available for families who depend on the dreams of the middle class with House budget resolution. this important program, especially in uncer- millions to finance a tax cut aimed at NIH—We would not be able to scale-up sig- tain economic times. nificantly Federal support for bio-prepared- The Food and Drug Administration would the very few. That tax cut is squeezing ness research and development as proposed be reduced by $138 million which would re- out sensible, middle-class tax relief. It by the President. Anthrax vaccine research sult in immediate furloughs and RIFs among is squeezing out funding for health care and development also would be slowed. It newly hired employees responsible for en- and education. In the last year, the would forgo the nearly $4 billion proposed for hanced availability of drugs and vaccines, President, even in his budget reduced the National Institutes of Health which is and for increased food safety activities (pri- funding for the Leave No Child Behind consistent with Congress commitment to marily surveillance of imported food prod- double funding for NIH over a set period of Act, which just yesterday at the White ucts, an identified vulnerability). House he was touting as being a great time. Social Security—The President also asked Foreign Operations—Afghanistan recon- for a significant increase in funds to process success. It is squeezing out money struction, including the famous Presidential and pay benefits to the millions of Social Se- needed for that. ring road, would staff, increasing chances curity recipients. Worst of all, the President’s fiscal that unrest and killings would resume there The PRESIDING OFFICER. Is there mismanagement threatens Social Se- as the Iraq matter comes to a head. It will curity and Medicare, and threatens severely cut the U.S. contribution to the objection to the unanimous consent re- Global Fund to Fight AIDS, Tuberculosis quest of the majority leader? having a real prescription drug benefit and Malaria and reduce by 30 percent funds Without objection, it is so ordered. that is so needed. It threatens the need for Plan Colombia. The joint resolution (H.J. Res. 1) was that we have to raise the floor on Medi- Firefighting—interior has already spent read the third time and passed. care payments to States. My State of $1.5 billion on firefighting above what pro- Iowa is right now rock bottom in the vided in FY02. This has come at the expense f Nation in terms of beneficiary funding of other programs including Member for Medicare. projects. These bills would not be paid under EXTENSION OF MORNING a long-term CR. BUSINESS Again, we are facing the retirement Pay—All agencies would have to absorb Mr. FRIST. Mr. President, I ask of the baby boomers who are coming Federal employee pay increases due in Janu- unanimous consent that the period for along pretty soon; and, of course, the ary. This will make it much more difficult morning business be extended until 3 need to fight terrorism. for agencies to operate under a current rate All of these are being squeezed by the p.m., with the time equally divided, and result in widespread layoffs and fur- misguided and misplaced economic and that Senators be permitted to loughs. policies of this administration. To Pell Grants—A freeze in the Pell program speak for up to 10 minutes each. date, the economic leadership of Presi- will result in the accumulation of a signifi- The PRESIDING OFFICER. Without dent Bush has been a miserable failure. cant shortfall. There will be a shortfall of objection, it is so ordered. over $900 million, even when factoring in the Let us start at the beginning. $1 billion supplemental appropriation pro- Mr. SANTORUM. Mr. President, I On the day that George W. Bush was vided to the program in fiscal year 2002. suggest the absence of a quorum. sworn as the 23rd President of the DEA—We would be unable to hire new The PRESIDING OFFICER. The United States, the 10-year budget sur- agents in response to FBI restructuring, clerk will call the roll. plus was estimated at $5.6 trillion $3.1 which shifted 400 FBI drug agents to The assistant legislative clerk pro- counter-terrorism. We have proposed to hire trillion on budget—the largest in ceeded to call the roll. American history. That year’s budget hundreds of new agents to fight the war on Mr. HARKIN. Mr. President, I ask drugs. Not a single new agent would be hired surplus was $236 billion—again, the under a long term CR leaving a significant unanimous consent that the order for largest 1-year budget surplus in our gap in the federal government’s drug en- the quorum call be rescinded. Nation’s history. The economy had cre- forcement capabilities. The PRESIDING OFFICER (Mr. ated 22 million new jobs in the previous GSA Construction—No new starts for any TALENT). Without objection, it is so 8 years. Unemployment stood at 4.2 GSA line-item construction ($630 million); ordered. would delay $300 million for 11 courthouse percent, a record. Mr. HARKIN. Mr. President, I under- The Nation’s fiscal health in January construction projects, $30 million for 6 bor- stand that the Senate is now in morn- der station construction projects, and $300 of 2001 was such that facing a slowing million for 5 other construction projects, in- ing business. I ask unanimous consent economy, we could have passed a sub- cluding funds for consolidating Food and that I be allowed to proceed in morning stantial stimulus package to boost the Drug Administration facilities, a major Cen- business for up to 30 minutes. short-term economy without harming sus building, and the US mission to the UN The PRESIDING OFFICER. Without the Nation’s long-term fiscal health. In in New York. Projects would become more objection, it is so ordered. kind of simple terms, it is if you or I expensive due to inflation. Campaign finance Reform—No funding for f get sick, and if we eat right and exercise, and we are in good health, we can implementation of the Bipartisan Campaign STATE OF THE AMERICAN Reform Act making it difficult for the Fed- even ride out the occasion of a bad flu, ECONOMY eral Elections Commission to implement the for example. But if you haven’t taken reforms signed into law by the President. Mr. HARKIN. Mr. President, I want care of yourself, if you haven’t eaten Federal Prisons—Insufficient activation to spend some time today here on the right, and you are not in good health funds to four Federal prisons that are sched- floor of the Senate discussing the state uled to open in FY 2003, exacerbating the al- overall, a simple flu can put you in the ready overcrowded conditions in the Federal of the American economy, the choices hospital or on life support. That is the prison system. we face, how we got here and hopefully kind of smart economic plan we fol- Medicare claims—We would not be able to a vision for a better future for our mid- lowed in the 1990s. Those fiscally re- provide additional funding, as proposed by dle-class working families. sponsible and pro-growth policies made the President, to handle the increased Medi- What is the state of the Nation’s it possible for us to deal with the care claims volume in a timely manner. The economy? You don’t need to look at short-term economic slowdown without President proposed a $143 million increase to the economic indicators, and the latest adequately process the growing number of harming our Nation’s long-term fiscal claims. A long term CR would significantly unemployment statistics, although health. slow down the claims process and unneces- they could tell you a story. You can Unfortunately, President Bush chose sarily inconvenience Senior Citizens who de- just walk on the streets of Burlington a different but now an all-to-familiar pend on Medicare. or Waterloo or any city, or most towns economic course—a massive, fiscally Yucca Mountain—A CR at the FY 2002 en- large and small anywhere in America. irresponsible tax cut that does little to acted level of $375M would significantly cut For ordinary people paying taxes, it is create jobs but does benefit largely the DOE’s nuclear waste repository program by tough for families right now. People wealthiest among us. It has little or over $200 million. This would cause real are hurting. delays in the scheduled opening of the facil- nothing to do with helping the middle ity. In the longer view, we face a growing class or with creating jobs. The Special Supplemental Feeding Pro- fiscal and economic crisis due to a lack In this day and age it seems that a gram for Women, Infants, and Children (WIC) of reasonable economic leadership of Republican candidate running for

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S107 President can never go wrong by pro- failed economic program ‘‘red ink’’ Re- record surplus. We have predicted sur- posing a massive, deficit-bloating tax publicans. Maybe, as we move ahead if pluses for this decade of over $5 tril- plan that largely benefits the wealthy. this is the course Republicans choose, I lion; a healthy basis on which we could That is what candidate George Bush say to the Presiding Officer, we should now begin to address the needs of the did in 1999. It was not about the state replace the symbol of the Republican baby boomers as they start to retire, of the American economy, it was about Party with something more fitting. reduce the public debt, get our econ- simple Republican politics. Rather than an elephant that is sup- omy on a sound keel, and then, when The Bush tax plan forgot that Ameri- posed to have a great memory, perhaps the baby boomers retire, we will have cans don’t live their lives on the right the symbol of the Republican Party the wherewithal to meet those needs of or the left of political parties. They ought to be a big bottle of red ink, be- Social Security and Medicare. That is live and work and struggle as part of cause every chance that these ‘‘red where we were at the beginning of the the great American middle class. And ink’’ Republicans get, they leave us Bush Presidency in 2001. they are here every day—not just on swimming in red ink in this country. That was until President Bush sent election day. They deserve economic They did it in 1981. They are doing it down his tax proposal of 2001. The Con- policies that respond to their needs— again now—deficits, deficits, deficits as gress passed it and sent it to the Presi- not the short-term political goals of far as the eye can see. dent. The price tag was supposed to be this President, or any other politician This chart shows what happened dur- $1.35 trillion, but the actual cost was or party or political theory. Not only is ing the 1980s. The deficits climbed. much higher. It was only by using the Bush tax plan rooted in what I call Then, in 1993, we enacted the Clinton some accounting gimmicks and tricks 2000 Republican politics, but it is deep- economic program. Look what hap- that would even make Ken Lay of ly rooted in a failed economic theory pened to the deficits. Down they came. Enron blush. The actual cost goes called ‘‘supply-side economics.’’ Sup- Down they came, until we had the larg- much higher. ply-side economics is nothing more est surplus on record. The 2001 tax bill was structured in than a dressed up fancy name for what Then we hit 2001, and another trick- another interesting way. In 2001, those we called back in the 1920s and the le-down economic tax plan, with defi- in the top 1 percent of income—with in- 1930s trickle-down economics. In fact, cits soaring again. And again, we are comes averaging over $1 million got former President Bush called it, I swimming in red ink in this country. under 10 percent of the benefits. For think, what it really is. He once The trickle-down, red-ink tax cut in 2002 and 2003, they get under 20 percent termed it voodoo economics. 1981 did not get folks to work then, and of the benefits. By 2006, they are sched- You can call it anything you want, it isn’t now. uled the get over a third of the bene- Just look at how many of my Repub- but, in the end, it spells disaster for fits. And in 2010, they get over 50 per- lican friends reacted to the recent ap- America’s long-term fiscal health. At cent of the benefits. pointment of Stephen Friedman to the its core, trickle-down economics says This truly is trickle-down economics. chairmanship of the President’s Na- that if we just slash marginal tax The top 1 percent’s share of the Bush tional Economic Council. Many vocally rates, particularly for the wealthiest tax cuts—see, it is a kind of little opposed Mr. Friedman’s appointment Americans, they will get so much trick. It starts out low, but look what because, of all things, he was a member money that it will trickle down, and happens when we go through the dec- of the Concord Coalition, a bipartisan the economy will grow so rapidly that organization focused on doing away ade. And we wind up in a decade where this tax cut will, to a significant ex- with the deficits. They certainly did over 50 percent of the Bush tax cut tent, pay for itself. not want anyone like that as the goes to the top 1 percent, the wealthi- Well, it is a nice theory for those who Chairman of the President’s National est people in this country. are not weighted down by the burden of Economic Council. What did President Bush tell us at reality. It does not work in widely held I think the case of Mr. Friedman sig- the time in trying to pass this bill? economic theory and it did not work in nals the modern day Republican Par- I quote here from a speech he gave at practice when former President Reagan ty’s total abandonment of fiscal dis- Western Michigan State: tried it in 1981. That is a fact. cipline. It began in 1981. It continued Tax relief is central to my plan to encour- Many will claim that the 1981 tax cut through the 1990s as Republicans, to a age economic growth, and we can proceed was good for the economy. In fact, the person here in the Congress, opposed with tax relief without fear of budget defi- economy dropped like a rock. When it cits, even if the economy softens. Projec- President Clinton’s economic plan, a tions for the surpluses in my budget are cau- passed in August 1981, unemployment plan that balanced the budget, brought was 7.4 percent. By the end of the year, tious and conservative. They already assume us a surplus, created 22 million new an economic slowdown in the year 2001. it had climbed to 8.5 percent. A year jobs, and gave us the longest economic after passage, it was continuing to rise, President Bush gave that speech on expansion in America’s history. March 27, 2001: reaching a peak of 10.8 percent. Now these ‘‘red ink’’ Republicans are In Iowa, we faced the worst farm and . . . we can proceed with tax relief without still at it today. We heard all kinds of fear of budget deficits. . . . small-town prices since the Great De- arguments in 1993—I was here—from pression. I have a chart in the Chamber my friends on the other side of the We went from a surplus, the largest that depicts what happened after the aisle about how terrible this 1993 recov- on budget surplus in our Nation’s his- 1981 tax bill was passed. It shows the ery plan was going to be. Why, it was tory of $83 billion, to over a $300 billion unemployment rate going up and up just going to be awful. It was going to deficit just two years later; a shift of 1 and up and up and up all the time. That destroy this country. And yet, as I over $400 billion in just two years. $ ⁄2 was the result of that 1981 tax bill. said, it created one of the longest eco- trillion in surpluses wiped out in 2 While the economy did get back on nomic expansions in our Nation’s his- years of this Presidency. And he said track, it did thanks to a sharp cut in tory. Not one Republican voted for it. there would be no fear of budget defi- interest rates by the Federal Reserve One trickle-down Republican after cits. Well, maybe the President doesn’t in 1982. But the adverse effects of this another united in one prediction: that fear budget deficits; maybe like Presi- misguided tax policy remained. The the 1993 bill was going to ruin the econ- dent Reagan. Federal deficit climbed from 2.7 per- omy. Maybe they don’t care, but the mid- cent of the gross domestic product to Well, let’s take a look at what hap- dle class in America, the baby boomers over 5 percent—double. More impor- pened, after that 1993 bill was passed, about ready to retire better fear it be- tantly, over time, the Government’s in terms of unemployment. Unemploy- cause it is eating right into Social Se- publicly held debt multiplied fivefold ment was high. We passed the bill and curity. That is exactly what it is doing. as well. unemployment came down. It came Then he says, ‘‘projections for the This failed philosophy is now being down, in fact, to the lowest point in surpluses in my budget.’’ Can you be- put into practice for the second time our Nation’s recent history; down to lieve that his budget actually projected with the first Bush tax cut and now about 4 percent in the late 1990s. surpluses when in the very first year it with this proposed second tax cut. That Now we come to the end of 2000. We plunges us into the biggest deficits we is why I call those who support this have our country on course. We have a have ever had?

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S108 CONGRESSIONAL RECORD — SENATE January 9, 2003 I can only say that if I were Presi- The economic record of this Presi- of the benefits that went to average dent and my economic advisers had dent is one of fiscal mismanagement, taxpayers dissolve. But, the linchpin of given me this plan and written this economic stagnation, rising unemploy- the plan that mostly goes to the top 5 speech for me, which I assume they ment, and jeopardizing the jobs and the percent, that continues on for the long probably did for him, and it turned out futures of our middle-class families and haul the way it turned out, I would fire the jeopardizing the long-term health of That is class warfare. It is a direct whole lot of them. Obviously, they Social Security and Medicare. That is frontal assault on the middle class in didn’t know what they were talking why we have to change course now. America. But not only is the Bush plan about. Either that or they knew what I said, we need to begin with a stim- class warfare, it mortgages our future they were doing, they knew what they ulus package to stop the rise in unem- by raiding the Social Security and were talking about, and they were pull- ployment. In the coming debate, the Medicare trust funds. And now it will ing the wool over the eyes of the Amer- President has already accused some of shortchange key investments in edu- ican people. I tend to think that is us on our side of playing ‘‘class war- cation, health care, and homeland se- really what it was about. It was a fare.’’ But it is the President’s own tax curity. I predict—and I will come to scheme to reward those who had done cut of 2 years ago that already declared the floor next week and apologize if I the most to help this President get class warfare, class warfare on the mid- am wrong—that the appropriations elected, a massive tax cut for the dle class. Take from the middle class, bills that will be brought up by the Re- wealthiest in our country. give to the wealthiest 1 percent. If that publican side to be added to the con- Two years after this quote, here is is not class warfare, I don’t know what tinuing resolution for this year will the Bush economic record: The esti- is. have cuts in education compared to mated 10-year budget surplus of $5.6 Middle-class families are not getting what the Appropriations Committee trillion is wiped out; this year’s on- their fair share of tax relief. They are approved last summer. I predict that budget deficit, $319 billion as estimated not seeing their incomes rise. Many are there will be cuts in education. by the CBO. The economy has shed 2 losing their jobs. And every day hun- Quite frankly, in the budget for this million jobs, the worst record of nega- dreds of thousands of working families year that the President sent up for fis- tive job creation of any President in go without any health insurance. Mil- cal year 2003, he actually proposed cut- more than 50 years. lions of Americans are already without ting funding for Leave No Child Be- I must hand it to this President. All any health insurance coverage whatso- hind. Secretary Paige was on television this was done in 2 years. It is amazing. ever; every day hundreds of thousands today saying that was wrong. Next The latest unemployment is about 6 more are added to the rolls. time I see Secretary Paige, next time percent. This is where we came from: For some reason the President can- he comes before our committee for a 4.5 percent in April, 2001 when the bill not see the pain that his economic poli- hearing, I am going to get the White became law. After 18 months, it is still cies are causing. The President’s re- House’s own budget book and lay out going up. Hang on. fusal to see his own mistakes reminds the programs for Leave No Child Be- That is why we need a short-term me of that scene from the Caine Mu- hind and show him what the Presi- stimulus to stop the rise in unemploy- tiny. The ship was sailing through a ty- dent’s budget was. There was a cut of ment. Quite frankly, the President’s phoon. It was in danger of floundering, $90 million in the Bush budget this program of slashing taxes on dividends but stubbornly and rigidly, Captain year for the Leave No Child Behind will not do that. I will explain that. Queeg tells the helmsman to hold programs. Why? So we can pay for all The Center on Budget and Policy Pri- course, because Queeg refused to listen. these tax cuts for the wealthiest in our orities noted that: He refused to see the danger ahead. He society. The tax cut would cost the Treasury ap- could not save the ship. Trickle-down economics. We need to proximately $4 trillion in the decade after Just like the crew of the Caine, our get a prescription drug benefit through 2011, the same period when the baby boomers first loyalty is in saving the ship, not for the elderly, but there will not be will begin to retire in large numbers and the cost of Social Security and Medicare and protecting the captain, not blindly fol- any money for it. Why? Because we are Medicaid and long-term care will rise sub- lowing what the captain says when we going to have a tax benefit, doing away stantially as a result. Yet it is during that plainly know what lies ahead. That is with taxes on dividends, which benefit same decade, after 2010, that the cost of a why it is time for us to change Amer- the wealthiest 5 percent. We will not permanent tax cut would explode as all of its ica’s economic course. We need to pro- have any money left for prescription revenue losing provisions would then be fully vide an immediate stimulus to put peo- drug coverage. So we have to change in effect. ple to work. course. We cannot blindly follow the As I pointed out, after it goes fully The President made his proposal. It captain in his misguided economic into effect, well over half of it goes to is more of the same—more tax cuts for policies for America. We must stimu- the top 1 percent of our country. And the wealthiest, little for working and late job growth now and it must not yet those who rely on Social Security middle-class families. The centerpiece come at the expense of Social Security. and Medicare and long-term care are of the President’s new proposal is the I think the following elements should the ones put at risk. elimination of dividend taxes at an es- be addressed and should be passed to Continuing: timated cost of $364 billion over 10 get our economy going. First, extend [If] the tax cut takes full effect as sched- years. the unemployment insurance benefits. uled and continues after 2010, the long-term According to the tax policy center, We need to do that now. We have con- cost will substantially exceed the 75-year about 45 percent of these benefits will siderable reserves and now those facing deficit projected within Social Security. In go to the wealthiest 5 percent of tax- long-term unemployment need help. Of fact, if the tax cut were just scaled back so that three-fifths of it took effect while the payers. Sound familiar? It should. We course, if they get that money, they funds of the other two-fifths were used to did the same thing 2 years ago. spend it quickly and it helps the econ- strengthen Social Security, the entire 75- Here are the facts: A 100-percent re- omy. Now, we did pass an extension year projected deficit of Social Security duction in dividend taxes, plus the this week that is short, but we need to could be eliminated. other components of the Bush eco- do more. There you have it. You have your pri- nomic plan, would provide for those Secondly, we need to provide fiscal orities. Do you want to shore up and who make more than a million dollars relief for the State. States all across secure Social Security for the next 75 a year over $88,000 in tax cuts this year, the country, including my own, are fac- years, or do you want to give the top 1 2003. For my fellow average Iowan ing huge deficits that they have to percent of our country more tax making between $20,000 and $30,000 a eliminate under their State constitu- breaks? year, they will get $204 in 2003. So I tions. That means there are going to be That is the course we face. That is guess the President is right. Everybody big cuts in crucial services—often the course we have to change: Going gets a little something—yes, average health care for the poor or the working from an $86 billion budget surplus to a working families get the crumbs from poor, education for our children, hous- $318 billion deficit, a shift of over $400 the table and the wealthy get the ing, help for the homeless, things that billion. smorgasbord. But, looking ahead, most States have to spend a lot of money on.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S109 Well, they will not have it. So we are care. Now, we have cut down the waste, education and health care, not failed going to need to step in to provide fraud, and abuse in Medicare over the trickle-down economics. these crucial services. past 10 years. It has gone from $20- Let’s start the debate. Let’s have the Third, we need to quickly put people some billion a year to around $11 bil- debate, but more than the debate, let’s back to work on things we need. I have lion or $12 billion. We have a ways to have the votes in the Senate. We can been trying for years to get the Con- go. But the one thing that would save no longer afford to delay. We have to gress to address the need of rebuilding money right now and cut wasteful step up to the plate and change our and modernizing schools all over Amer- spending would be good old-fashioned course. We are now in the midst of a se- ica. We did succeed in getting a billion competitive bidding in Medicare. We rious economic and fiscal predicament. dollars into that program in the last ought to do it and we ought to do it We have to make some adjustments, Clinton budget for 2001. The results of soon. some course corrections. We cannot that are now coming in from States all I believe that the stimulus package cling dogmatically and rigidly to the over America. That money was used to should entirely be in the people’s hands same old policies that did not work be- rebuild and modernize schools all over this year. The cost should not exceed fore, are failing us now, and will jeop- America. $100 billion. And, that it could be more ardize the future of Social Security and Our experience in Iowa—I can only than fully paid for over the course of Medicare. speak about that because that is all I ten years through the implementation Again, let’s have the debate but, have the data for right now—was that of reductions in spending by things like more importantly, let’s have the votes for every dollar that we put into re- requiring competitive bidding on dura- to change the economic course in our building and modernizing schools in ble medical equipment and by elimi- country so that our middle-class fami- Iowa, it translated into well over $20 of nating the tax rate cut that only goes lies are the ones who benefit. Let’s end economic activity. It put people to to the one percent of those with the the class warfare declared on the mid- work, it got money into the economy, highest incomes, averaging over a mil- dle class by this President and his and guess what we got out of it. We got lion dollars a year. We also need to failed economic policies. Let’s recog- new schools, new classrooms, better eliminate allowing Benedict Arnold nize that we are all in this together, equipped classrooms for our teachers to companies and individuals that make and the best way to keep that ladder of teach in. their home overseas in order to escape opportunity there so people, yes, on There are many projects in this coun- paying their fair share of taxes. the bottom can become middle class try that are truly needed. We can have Well, this, I believe, is the course of and, yes, those in the middle class can people working on these within action we ought to take and not con- become rich is to change the failed eco- months. I was told when they were tinue on the disastrous course we were nomic policies of this administration. using this money to build a new school set upon 2 years ago. And now we are I yield the floor. The PRESIDING OFFICER. The Sen- in Iowa with this money that not only asked to make it even worse with the ator from Rhode Island. did it put people to work immediately, new President Bush proposing tax re- Mr. LEVIN. Mr. President, will the but the whole chain—everything from lief for the wealthy. We need a strategy Senator yield for a unanimous-consent the electricians ordering electrical that adheres to these good principles: request? parts, lights and wiring, to those who benefit working and middle-class fami- Mr. REED. Yes, I yield. put in the wallboard, ordering that, lies, focus on job creation, restore fis- Mr. LEVIN. Mr. President, I ask and the lumber and the tile and every- cal discipline. In short, America’s new unanimous consent that after the Sen- thing that goes into that. As one small economic strategy must take into ac- ator from Rhode Island speaks for up restaurant owner told me, for the year count the economic realities, not failed to 10 minutes, the Senator from New and a half they were building the trickle-down theories or cynical polit- York then be recognized for 10 minutes, school, he even had people come in ical strategies purely for election pur- and then I be recognized for up to 10 there buying lunches, so it even helped poses. minutes. that local economy. This is what we When it comes to the economy, I will The PRESIDING OFFICER. Without need to do to get people back to work paraphrase President Bush in his ac- objection, it is so ordered. The Senator right away. ceptance speech at the Republican Na- from Rhode Island. Fourth, we need to pass a short-term tional Convention almost 3 years ago: Mr. REED. Mr. President, the Amer- middle-class tax cut that will improve You have had your chance. You have ican economy is in serious distress and our short-term economy without fur- not led. We will. That is what we need thousands of families across America ther harming our long-term fiscal to do. are suffering. When President Bush health. I say that we should consider a President Bush’s response was to took office in January 2001, the unem- short-term payroll tax holiday, paid make permanent the 2001 tax windfalls ployment rate was 4.2 percent. In No- through the general fund, that will put which will blow a hole in the budget to vember of 2002, the unemployment rate money in the hands of people more endanger Social Security. Add to that was 6.0 percent; 2.2 million more Amer- likely to spend it right now. If we had another windfall tax benefit to the icans were out of work than when a payroll-tax holiday, people could get wealthiest in our country. By every President Bush took office in January their money directly through the reg- measure, it is the wrong course for of 2001. ular payroll checks, that will speed up America. It will just ensure the rich The economy is not growing fast its delivery and the likelihood that it get richer, the poor get poorer, and the enough to generate the jobs that con- will be spent now. middle class gets stuck with paying tinue to employ millions of Americans. We need to stimulate the economy both of the bills. It is time for a new di- Labor market conditions are not im- right now and this would help working rection. I am hopeful that in the Sen- proving. In fact, tomorrow the Bureau people left out of the tax rebates in ate we can have a real debate over the of Labor Statistics will report on em- 2001. best economic policies for the future of ployment statistics in December, and Fifth, we must cut wasteful spending our country. they are likely to be unchanged from and close tax loopholes. I have outlined When it comes to the economy, the November, roughly 6 percent unem- a series of cuts in Government spend- President reminds me of the guy who is ployment in the United States. ing that would do that. I say to my lost driving but he refuses to pull over This is an extremely disappointing friends on the other side that we can and get directions. He just keeps going economic record, and the Bush admin- have a significant stimulus package down the same roads over and over. Mr. istration is refusing to take prompt and we can take care of the unem- President, it is either time to pull over and responsible action to put Ameri- ployed, provide tax relief for middle- and get directions or let someone else cans back to work. class families for this year, and reduce drive because it is obvious, Mr. Presi- Increasingly, we hear the Repub- the size of Government at the same dent, you and your economic team are licans trying to deflect this situation time. lost. It is time to return to policies we by claiming this is the Clinton reces- One of the first things we have to do know work: Balanced budgets, tax cuts sion, but the National Bureau of Eco- is have competitive bidding in Medi- for working families, investment in nomic Research, which is recognized as

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S110 CONGRESSIONAL RECORD — SENATE January 9, 2003 the authority on these matters, indi- diate effects, but even the $20 billion in And we have the challenges of inter- cated that the recession began in projected stimulus for 2003 is not really national affairs and of homeland de- March 2001, months after President stimulus because taxpayers will have fense. All of these proposals require ex- Clinton left office, several months to wait until they file their returns penditures that cannot be ignored or after President Bush assumed responsi- next year until they actually see this deferred. And the President proposes bility for economic policy. money in their hands. further to weaken our fiscal balance, Indeed, in the last full month of the Stimulus should not undermine long- our fiscal foundation. Clinton administration, the unemploy- term economic discipline. We found out And there is another issue. We are ment rate was 4.0 percent. In the last through the policies of the Clinton ad- within a decade of the baby boom gen- full quarter of the Clinton administra- ministration that sound fiscal policy in eration reaching retirement age, a tion, the economy was still growing. Washington, leading ultimately to a huge demographic tidal wave. Will we More to the point, rather than assess- surplus, was the foundation for eco- be prepared for it? Will we have the re- ing responsibility, a President of the nomic expansion, the longest running sources to take care of Medicare and United States, regardless of responsi- economic expansion in the history of Social Security? Not if we cut taxes as bility, has to act on behalf of the this country. We are in grave danger of dramatically and as inefficiently and American people, and we are still wait- losing that economic discipline, of see- inappropriately as the President has ing for prompt and effective action ing interest rates begin to climb and asked. from President Bush to remedy the ills choke off growth. Now, there is an alternative to the For all these reasons, the President’s of this economy. President’s proposal. That is a proposal What has the President proposed to proposal, particularly his centerpiece, that Democrats in both the Senate and get us moving again? He is proposing, the dividend proposal, is bad economic House have advocated. The plans differ as the centerpiece of his plan, a mas- policy. but they are consistent in many re- Some have said these criticisms are sive elimination of taxation on divi- spects. They want to give tax benefits just an exercise in class warfare. Let dends, which has several problems. to middle and working class Ameri- me tell my colleagues the facts. Under First, it would have no immediate the President’s proposal, the 226,000 tax cans. They want to make sure these stimulative effect on the economy. filers with more than $1 million of in- benefits are immediate. They can be Second, it is grossly unfair. It will come—about .2 percent of tax filers— spent now to stimulate the economy accrue to taxpayers with very high in- will receive an average tax cut of al- and get them going forward. And they comes and provide little or no benefit most $90,000. A third to a half of that are crafted in such a way we do not to the majority of taxpayers, including will come simply from this dividend jeopardize any further our fiscal dis- most seniors, and it significantly proposal. cipline here in the United States. erodes long-term budget discipline, In contrast, the 109 million taxpayers These are the proposals we should which has been the foundation of eco- with incomes under $75,000—the middle enact. I hope we do. nomic growth in this country since the and working class Americans, 82 per- Let me conclude by summarizing a Clinton administration. cent of taxpayers—will receive an aver- major concern I have. We will, in the When we began debating a stimulus age tax cut of $273. Let me once again weeks ahead, debate this issue of stim- package over a year ago—because even suggest the dimensions here: 226,000 ulus and growth. We will take votes on then we recognized the economy was upper-income tax filers versus 109 mil- stimulus and growth. We will try to foundering—the four leaders of the lion middle-class and working-class tax adopt economic policy. But for me, the House and Senate Budget Committees filers. The 226,000 receive $90,000 on av- real issue is not whether we reduce on a bipartisan basis established prin- erage; the 109 million—the rest of us— taxes, the real issue for me is whether ciples for any effective stimulus pack- receive about $273. Now, nearly a quar- we are going to have a Social Security age. The Congressional Budget Office ter of elderly taxpayers will be left out system for Americans of this genera- used similar principles in a report in of this bounty. Nearly half the heads of tion, of my generation, and of future January of 2002 evaluating proposed households with children will be left generations. changes in tax policy aimed at pro- out of the benefit. This chart is illustrative. Where is viding stimulus. I have concentrated on the bad eco- all the money coming from in the The President’s dividend proposal, nomic policy associated with this pro- President’s proposal, $933 billion? That when measured by these bipartisan posal. But it is also terrible budgetary is not just a direct tax benefit, that is principles, fails dramatically. policy. Even without the President’s all the interest over 10 years that we First, a tax cut is most effective as new proposal, we have seen a stunning will have to pay because of this deficit. stimulus when it puts money into the decline in our fiscal situation. In Janu- Where does it come from? It comes hands of the people who will spend that ary of 2001, we were looking at a pro- from the Social Security system. I fear money almost immediately, but based jected surplus over 10 years of $5.6 tril- that if we enact the President’s pro- on the administration’s own theories, lion. In fact, we were shopping posal, within months the President will only $20 billion of the projected direct around—not really ‘‘we,’’ the Repub- simply say we can no longer afford So- cost of $364 billion over 10 years will be licans—were shopping around for tax cial Security. We have such a large def- spent in the first year. A small fraction cuts because they said we will have too icit now we have to abandon the sys- of the ultimate cost of this tax plan much surplus and we will not be able to tem. will be available to be spent in the near conduct debt operations of the United I hope all my colleagues and the term. That is when we need stimulus. States. We will have too much surplus, American people pay attention to the That is what a stimulus package is all and we will not be able to find invest- votes in the next several weeks. They about. ments for all this money. In a little are not about growth and stimulus but Second, the dividend proposal is par- over 2 years, we have seen those sur- about whether we will have a Social ticularly poorly targeted as stimulus. pluses disappear. Security system, whether we will have Most families have little or no direct Still, we have educational issues we an adequate Medicare system, whether ownership in stock. They have pension have to fund and health care issues. we will keep our promise over 60 more plans, they have Keogh plans, they Ask the average American what they years to the people of America. have retirement accounts, but the ma- are most concerned about, the first These are daunting times. We need jority of direct ownership of stock is concern is health care. Can I get it? If policies that will work, that will be concentrated in the hands of very I am a business man or woman, can I fair, and that will leave us stronger wealthy individuals, higher income afford to give it to my employees. Sec- rather than weaker. I hope we adopt households that are more likely to save ond issue, can we maintain education? these policies. the money than to immediately engage That is not just an issue for families I yield the floor. in consumption, to increase demand, to but for States and localities. They are The PRESIDING OFFICER. The Sen- get the economy moving. suffering under tremendous budget ator from New York. As I mentioned before, a stimulus by pressure. Their two biggest items of ex- Mrs. CLINTON. Mr. President, I com- its very nature should provide imme- pense are health care and education. mend my colleague from Rhode Island;

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S111 he has done a superb job in his leader- values that are embedded in these pro- Unlike the Federal Government, ship of the Joint Economic Committee, posals? I believe when it comes down to States have to balance their budgets. following the economic trends and a choice about values, the American They cannot just have a gigantic credit keeping track of all of the evidence people expect us to be making choices card that runs up the costs and does that supports the remarks he has com- that reflect their values. not really worry about tomorrow. Our pleted. During the 1990s, we saw the creation States need help. That is one of the I join the Senator and my other col- of over 22 million new jobs. That re- reasons why last year I fought for some leagues in sharing some of my own flected our value of work and the belief assistance with the Federal Medicaid thoughts on this latest tax proposal that a good job is by far the best kind matches amounts and today I will outlined by the President. I will be of outcome for any economic or social again join Senator ROCKEFELLER and sure not to call it a stimulus package policy. Senator COLLINS in introducing a simi- because it is not. In fact, as I under- Over the last 2 years, we have seen lar proposal that would bring an addi- stand it, the President and his staff what is called negative job growth. tional $20 billion in fiscal relief to have recently been careful not to de- That means that people are losing jobs States, including $2.6 billion for New scribe it as one either. Yet, again, the and are not able to find them. During York. administration has opted to use our the 1990s, real median family income Those are all stopgap measures, be- stumbling economy to stimulate budg- grew by over $6,000 with double-digit cause if the President’s proposal is en- et-busting tax cuts, rather than to use income growth for all income brackets, acted, it will have a dramatic ripple ef- common sense to stimulate the stum- and unemployment and welfare rolls fect through the States, because most bling economy. hit their lowest level in 30 years. We States tie their tax systems to the Fed- There is a conventional wisdom de- ended the 1990s with the largest surplus eral system so when a change is made veloping in Washington. One can al- and 3-year debt paydown in American in Washington, where some kind of tax most see it and one can certainly hear history. Those reflected solid American is cut, one can count on revenues being it as it emerges from the pages of our values: Pay as you go; live within your taken away from the States. national newspapers and our television means, the kind of values with which I The President’s package was adver- talk shows. That conventional wisdom was raised, the kind of values I think tised as costing about $674 billion. The proclaims the boldness of President made America a very great nation. truer cost is closer to $900 billion and Bush’s economic strategy. ‘‘In for a We are at this turning point. I think we are still trying to calculate the real dime, in for a dollar,’’ says one of our someone has to say that a strategy of cost. colleagues. ‘‘Big steps get more fol- ‘‘in for a dime, in for a dollar’’ is not I am not going to, as some of my col- lowers,’’ says a White House official. the strategy for our Nation. leagues have, talk about the unfairness I am relatively new to the Senate but Many Americans are counting their of the way this tax is configured. I not to the work of public service. So I pennies. They are worried about where think that pretty much speaks for do have a healthy respect for conven- their next dollar is coming from. They itself. But I want to say a word about tional wisdom and the power that it should not feel the values they hold deficits. has over how people think and even act dear are being abrogated by irrespon- I realize there is a new economic about the issues. I also know enough to sible economic decisions made by their team in town and the President’s ad- be weary of marching in lock step with Government. Someone needs to point visers do not think budget deficits are the latest line. Far too often, what we out that it is hard to be in for a dime much of a problem. I have to respect- collectively say and think today is and in for a dollar when what you are fully disagree. I cannot understand how proven to be wrong tomorrow. really doing is passing the buck. a tax cut that pushes us deeper into I will not deny that the President’s We are passing the buck right to our long-term debt and raises our current plan is, as conventional wisdom holds, States and our cities. We are forcing budget deficit is not a values choice. bold. I looked up the meaning of that them to make the hard decisions we We are choosing to go into debt instead word. There is nothing that equates are avoiding. Looking at a State such of providing help for the States. We are ‘‘bold’’ with ‘‘good’’ or ‘‘bold’’ with as New York, we are facing drastic cut- choosing to run up the deficit and ‘‘right.’’ We should not assume that the backs. When I talk about the services therefore we cannot keep our promises solution to our deficits or to our fal- that will be cut, I am not talking about to our children and our schools about tering economy is to in some way take luxuries. I am talking about taking po- funding the education reform we voted bold action, even if it is wrong. We lice off the street. I am talking about for. ought to be looking for the right action closing fire houses. I am talking about Where will we, for example, come up that will bring about the results that increasing tuition so much that some with the money for the promised pre- all agree are in our country’s best in- kids are going to have to drop out of scription drug benefit? Where will we terests. college because they and their families come up with the money to keep the Winston Churchill once said: Never in will not be able to afford for them to lights and the heat on in homes that the field of human conflict have so few stay. rely on the low income heating energy given so much to so many. The Bush As we look at what the States and program? I do not understand how economic plan turns that saying on its cities of our country are laboring these are the choices that reflect the head: Never in the field of economics under, how can we in good conscience values of the vast majority of Ameri- have so few been given so much at the turn our backs on them? How can we cans, and today I raise these issues. expense of so many. continue to talk about enormous tax I do not think we should shy away in What is this really all about? I be- cuts that will not stimulate anything this Chamber from saying that, yes, lieve fundamentally it is a question of except red ink, when we are on the the proposal may be bold and it may be values. What do we as Americans brink of facing perhaps military ac- big but it is boldly wrong. It takes big value? Every discussion we make about tions that will require billions upon steps in exactly the wrong direction our own private money or that we billions of our dollars? from where our country should be make as a society about tax or spend- Our Governor in New York recently headed. We will talk day after day ing decisions is at bottom a decision announced that the $2 billion deficit we about the real choices, trying to illus- about values. People who live for today face this year could grow to $10 billion trate and contrast the value systems because they will not plan for tomor- next year. The President’s tax package that underlie the economic policies row are demonstrating their values. basically says: That is your problem, chosen by this administration com- They are not willing to put away and New York; not ours. In all of the coun- pared to those that were chosen by the save. They think somehow it will rain ties throughout New York, as in States previous administration, because it is from heaven. We look at them and say around the country, every dime of imperative that the American public they are irresponsible. property tax raised in the counties of understands this is not just about Here, when we look at the tax deci- New York may very well end up going photo ops. It is not just about speeches sions proposed by this administration, to pay for the Medicaid bills that we and rhetoric. It is not even just about we have to ask ourselves, What are the have. charts. It is about the future of this

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S112 CONGRESSIONAL RECORD — SENATE January 9, 2003 country and it is about the billions of In the intervening years, Iraq repeat- Secretary of State Powell stated in an individual choices that Americans will edly obstructed and failed to cooperate interview yesterday that the adminis- be able to make as they seek to dem- with the weapons inspectors of the tration was holding back much of the onstrate their own responsible life United Nations and of the atomic en- information in its possession, waiting choices, as they seek to acquire greater ergy agency that were charged with to see if the inspectors ‘‘are able to opportunity for themselves and their the responsibility of disarming Iraq. handle and exploit’’ the information children, and as they seek to con- With this historical background, the that we did give them. tribute to making our country richer, Security Council adopted resolution The inspection process is estimated safer, stronger, and smarter in the fu- 1441 on November 8 of last year to set to take months, not weeks, and this ture. up an enhanced inspection regime. timetable was understood by the Secu- I yield the floor, and I suggest the ab- Under resolution 1441, Iraq is required rity Council from its inception. That is sence of a quorum. to provide the United Nations inspec- why the U.N. resolution refers to the The PRESIDING OFFICER. The tors and the IAEA ‘‘immediate, January 27th reports from the inspec- clerk will call the roll. unimpeded, unconditional, and unre- tors as ‘‘updates,’’ and that is why Jan- The assistant legislative clerk pro- stricted access to any and all areas, in- uary 27 is not a deadline for deciding ceeded to call the roll. cluding underground areas, facilities, whether to use force. Mr. LEVIN. Mr. President, I ask buildings, equipment, records and British Foreign Secretary Straw unanimous consent that the order for means of transport which they wish to noted on December 19, with respect to the quorum call be rescinded. inspect, as well immediate, unimpeded, the declaration filed by Iraq on its The PRESIDING OFFICER (Mr. unrestricted, and private access to all weapons of mass destruction and deliv- CRAPO). Without objection, it is so or- officials and other persons whom the ery systems: that [‘‘What we’ve got dered. inspectors of the IAEA wish to inter- today is a further step in a very calm f view,’’ and that includes outside of and deliberate process to try by every IRAQ Iraq. Resolution 1441 also requires Iraq means possible to get Iraq to comply Mr. LEVIN. Mr. President, as we to provide a complete, accurate, and with its international obligations begin the 108th Congress, I want to talk full declaration of all aspects of its peacefully and therefore and thereby to about the situation in Iraq and our re- weapons of mass destruction and deliv- resolve this crisis in a peaceful man- sponse to it, because I believe there ery systems programs. ner.’’] may be a fundamental misunder- In order to assist the U.N. Security In an interview at Crawford, TX, on standing as to the process that is un- Council in its oversight of implementa- December 31, President Bush seemed to derway to bring about Iraq’s disar- tion of Iraq’s disarmament, resolution agree with the British Secretary when mament. Pursuant to U.N. resolution 1441 set out a time line of events. Using he stated that he hoped the Iraqi situa- 1441, the U.N. Inspection Commission November 8, 2000, the date the U.N. Se- tion will be resolved peacefully. And in and the International Atomic Energy curity Council adopted resolution 1441, answer to a reporter’s question, Presi- Agency are to provide updates to the Iraq was required to accept the resolu- dent Bush said: ‘‘You said we’re headed U.N. on the results of their inspections tion within 7 days. It did so. Iraq was to war in Iraq—I don’t know why you to date. These updates are intended to required to provide a full declaration of say that. I hope we’re not headed to be interim reports, not final conclu- weapons of mass destruction within 30 war in Iraq.’’ On that same day, U.N. sions. I think we all, particularly the days of November 8. It said that its Secretary General Kofi Annan said administration and the press, need to declaration was a full one and it did it ‘‘Obviously they [the inspectors] are be very aware of that fact. on the 29th day. carrying out their work and in the The January 27 report will only be The inspectors were to start within meantime Iraq is cooperating and they one of a number of such reports that 45 days of November 8; the inspections are able to do their work in an will be presented to the Security Coun- began on November 25th. unimpeded manner, therefore I don’t cil over the weeks and months to come. The inspectors were to provide an up- see an argument for a military action It is not a determining date on the date on their inspections to the Secu- now.’’ And, in a press conference at the issue of whether or not Iraq has mate- rity Council within 60 days of the date Pentagon just yesterday, Secretary of rially breached U.N. resolution 1441, or that the inspections commenced. They Defense Rumsfeld said ‘‘I don’t know whether we will use force against Iraq. have announced their intention to pro- why anyone would use the word ’inevi- We are not in the fourth quarter of vide these first interim progress re- table.’ It clearly is not inevitable.’’ some football game. In fact, we have ports on January 27, within that time The arms inspections in Iraq are at just begun to share a small quantity of limit. an early stage. The United States has the large amount of information that The inspection process was begun just begun to provide information to we have relative to Iraqi suspect sites. with reasonable speed. The inspectors the inspectors about suspect sites. Bar- Let us look at the events that led up have already inspected a Presidential ring a dramatic development, the in- to the unanimous decision by the palace that had heretofore been subject terim progress reports that the inspec- United Nations Security Council on to special rules, and they are inspect- tors will make to the U.N. Security November 8 of last year to set up an ing on weekends and holidays. Their Council on January 27 will only be one enhanced inspection regime to afford principal job right now is to establish a of a number of such reports that will be Iraq an opportunity to comply with its baseline for future inspections and presented to the council over the disarmament obligations. Iraq, as we testing Iraq’s willingness to cooperate. months to come. all remember, invaded Kuwait on Au- This is the key, the inspection process Earlier today, Mohamed ElBaradei, gust 1, 1990. After numerous demands is at its beginning. As of the end of De- Director General of the IAEA, at a and diplomatic, economic, and political cember, virtually all of the arms in- press conference at the United Nations action by the international commu- spections had taken place in the Bagh- stated ‘‘We will provide an update re- nity, on November 29, 1990, almost 4 dad area as the U.N. inspectors only port on the 27th of this month. How- months after the attack, the U.N. au- had one of its eight helicopters in Iraq ever, that report, we should emphasize, thorized member states ‘‘to use all nec- and had just opened a headquarters in is an update report, it is not a final re- essary means’’ to liberate Kuwait. Mosul in northern Iraq. port. It’s a work in progress. And this Iraq’s defeat at the hands of a United Again and most significantly, the simply would register where we are on States-led coalition in 1991 was fol- United States and other nations with the 27th of January, but we obviously lowed by a U.N. Security Council reso- sophisticated intelligence capabilities continue to we’ll our work afterward, lution in April 1991 that established a have only just begun to share intel- and we still have a lot of work to do.’’ number of conditions for a cease fire, ligence with the arms inspectors and In the absence of the U.N. inspectors notably including a demand for the de- are proceeding cautiously in light of finding that Iraq currently possesses or struction of Iraq’s weapons of mass de- the reported Iraqi infiltration of the in- is developing weapons of mass destruc- struction programs, and Iraq accepted spectors during the 1990s. In fact, to- tion or that Iraq is not cooperating that resolution. day’s Washington Post reports that with the inspections, we need to give

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S113 the inspectors the needed time to com- hydrologically and legally, the river is hered to, those in violation will be held plete their work. In the meantime, we managed through a series of agree- accountable. need to provide targeted intelligence to ments that are collectively known as I have remained in close contact with inspectors to facilitate their effort, the ‘‘law of the river.’’ and it is the Colorado Governor Bill Owens through- without disclosing sources and meth- ‘‘law of the river’’ that brings me to out the ordeal, and would like to share ods, of course. That is our best chance the floor today. with you an insightful comment made of bringing about Iraq’s voluntary dis- For years, the State of California has by the Governor in a conversation we armament or, failing that, obtaining consumed far more than its annual al- had shortly after the decision to shut broad international backing, including location of 4.4 million acre-feet of off the water was announced Governor U.N. authorization for a multilateral water from the Colorado River. In- Owens said, ‘‘In the West, our word is effort to forcibly disarm Iraq. stead, the State has pursued a path of our bond. As Colorado suffers from the If we prejudge the outcome of the in- overuse—often drawing more than 1 worst drought in its history, we cannot spections or if we don’t furnish the million acre-feet of water a year over and will not support so-called ‘surplus’ arms inspectors with targeted intel- its allocation. With the turn of the new water deliveries to California, unless ligence, we will not be able to obtain year, and just as Colorado enters the California keeps its word to us.’’ I cer- the international support, as rep- fourth year of the most severe drought tainly agree. resented by U.N. authorization for the in 300 years, I am pleased that Sec- I commend the Secretary for her ac- use of force, that is so highly desirable retary Norton and the Department of tion, and hope this will serve as a clar- and advantageous to us. Forcibly dis- the Interior have taken strong action ion call that the law of the river is in- arming Iraq without international sup- to force California into compliance deed a law that must be obeyed. port would be perceived as a unilateral with the decades-old agreements that EXHIBIT 1 attack by the United States and a few dictate the amount of water that the [From the Denver Post, January 4, 2003] allies. International support is critical State is entitled to consume, thereby THE LAW OF THE RIVER to reducing the short-term risks, such ending its abuse of the river. This wa- Nevada shouldn’t be surprised. Two weeks as a loss of regional cooperation with tershed decision to enforce the 4.4 mil- ago, U.S. Interior Secretary Gale Norton resulting increased probability of U.S. lion acre-feet allocation reveals a wel- said California couldn’t take more than its casualties and reduced likelihood of come determination to ensure con- legal share of Colorado River water. This international contributions in a fidence in the law through decisive ac- week, she told Nevada the same thing. Her postconflict environment. tion, demonstrating to all parties that actions were proper. All seven states that International support is also impor- abuse of the ‘‘law of the river’’ will not share the river and tributaries must abide by tant to reducing long-term risks, such be tolerated. the Colorado River Interstate Compact, the ‘‘The law of the river’’ has evolved 80-year-old agreement known as ‘‘the law of as a loss of international cooperation the river.’’ in connection with the war against al- over 80 hard fought years; every pre- California hogs 5.2 million acre-feet of Qaida, and increased probability of ter- cious drop of the river means life or river water a year, far more than its legal rorist attacks against us. death to the people of the basin States. share of 4.4 million acre-feet. In summary, January 27 is the first Secretary Norton has now made it But Nevada has been slurping more than interim report. It is not D-Day, deci- clear that every party to the compact its share, too. The pact entitles Nevada to sion day, as to whether to attack Iraq. will be held accountable, and that 300,000 acre-feet annually, but it uses an We must not prejudge the outcome of these agreements will stand as precious extra 37,00 acre-feet a year, or 11 percent as the water itself. No longer will over its legal share. the very inspection process that we California had wanted Norton to declare a worked so hard to put in place as being States be able to ignore the ‘‘law of the surplus of water in the Colorado River, thus highly relevant to the question of river.’’ letting it continue using more than its legal whether we launch attack on Iraq. We In Colorado, our citizens must abide allotment. But such a declaration would must share all the information we can by the doctrine of prior appropriations. have been absurd during an ongoing, record- on suspect sites. And finally, if we Other States govern water under a hy- breaking drought. don’t share our information with the brid or riparian rights system. These After telling California ‘‘no,’’ Norton had U.N. inspectors, or if we prejudge the time-tested theories have one constant to apply the same standard to other states. principle—a user cannot take more Although Nevada’s excess water use is a drop outcome of these inspections, we will in the bucket compared to California’s was- increase the likelihood that we will go water than its legal share. This strong trel ways, Nevada also must follow the law to war and increase the risks, short sentiment is reflected in a recent Den- of the river. term and long term, to our troops and ver Post editorial that I would like to Colorado doesn’t use its entire share of our Nation in doing so. share with you today. I ask unanimous river water, however. The river flows on the Mr. President, I yield the floor. consent that the article be printed in Western Slope, but our population lives The PRESIDING OFFICER. The Sen- the RECORD at the conclusion of my re- mostly on the Front Range. The dispute is ator from Kentucky. marks. over preserving Colorado water rights for future generations. f The PRESIDING OFFICER. Without objection, it is so ordered. Colorado is supposed to get 51.75 percent of the river’s water. The interstate pact as- EXTENSION OF MORNING (See exibit 1.) BUSINESS sumed the Colorado River would, on average, Mr. ALLARD. California has had flow 7.5 million acre-feet a year. But the pact Mr. MCCONNELL. Mr. President, I ample opportunity to meet its legal ob- was signed during an exceptionally wet era ask unanimous consent the period for ligation; agreements outlining baby in the West, so it overestimated how much morning business be extended until steps toward compliance with the 4.4 water the river usually has. Still, the opti- 4:30, with the time equally divided and limit have been in existence since the mistic scenario entitled Colorado to 3.85 mil- Senators permitted to speak for up to 1990’s. Even though the State has con- lion acre-feet of river water in an average 10 minutes each. sumed far more than its fair share for year. years, it has had plenty of opportunity In reality, the Colorado River averages The PRESIDING OFFICER. Without about 6 million acre-feet a year, allowing objection, it is so ordered. to live within its allocation. Yet in the Colorado 3.1 million acre-feet under the for- The PRESIDING OFFICER. The Sen- end, with the water shutoff, I hope mula. ator from Colorado. California will recognize its legal obli- But Colorado consumes only 2.65 million f gations. acre-feet from the river in a normal year. So, To Secretary Norton and my col- depending on how the river’s average flows ENFORCEMENT OF THE LAW OF leagues from the basin States, I urge are calculated, Colorado lets 500,000 to 1.2 THE RIVER you to continue to force all members million acre-feet of its share flow out of Mr. ALLARD. Mr. President, the be- to abide by their allocation and to pro- state. Much of that water supplies vegetable farms and fruit orchids in California’s agri- ginning of the 108th Congress marks a tect the law. Secretary Norton’s fair culturally rich Imperial Valley. pivotal moment in the management of action has demonstrated that this ad- To recapture its lost water, Colorado lead- one of the most complex water systems ministration will uphold the ‘‘law of ers have floated ideas to build new dams or in the world. Complex both the river,’’ and when the law is not ad- pump thousands of acre-feet from the Utah

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S114 CONGRESSIONAL RECORD — SENATE January 9, 2003 line to metro Denver. But any of the plans can maintain the spirit they have of Nebraska, Kansas, right on down to would cost billions of dollars and create eco- working together, teamwork, and bi- Texas, including some States on both logical woes. partisanship, we are going to have an sides. This is the part of the country If Colorado’s population continues grow- outstanding season here in the 108th that we populated a century and a half ing, our state someday will claim its share of Colorado River water. When it does, Cali- Congress. ago with something called the Home- fornia and Nevada could rights demand that I suggest the absence of quorum. stead Act. My great-grandmother, Colorado and other upper-basin states—Wyo- The PRESIDING OFFICER. The named Caroline, with her six children— ming, Utah, Arizona, and New Mexico—fol- clerk will call the roll. her husband having died, she was an low the pact’s strict limits, too. The legislative clerk proceeded to immigrant widow from Norway—de- The law of the river must be enforced, for call the roll. cided to move to the prairies of North everyone. And water conservation must be- Mr. DORGAN. Mr. President, I ask Dakota. She pitched a tent, built a come a way of life in the West. unanimous consent that the order for house, started a farm, and raised a Mr. ALLARD. I suggest the absence the quorum call be rescinded. family. She had a son, who had a of a quorum. The PRESIDING OFFICER (Mrs. daughter, who had me, and that is how The PRESIDING OFFICER. The DOLE). Without objection, it is so or- I come from Hettinger County in North clerk will call the roll. dered. Dakota. The legislative clerk proceeded to Mr. DORGAN. Mr. President, are we A century and a half ago, we popu- call the roll. in morning business? lated the middle part of our country Mr. VOINOVICH. Mr. President, I ask Mr. CRAPO. The Senate is in morn- through something called the Home- unanimous consent that the order for ing business for another 231⁄2 minutes. stead Act, saying to people: move the quorum call be rescinded. Mr. DORGAN. I ask unanimous con- there, build there, and create a family The PRESIDING OFFICER. Without sent to speak in morning business for there. We will give you some free land. objection, it is so ordered. 20 minutes. It is called the Homestead Act. So they f The PRESIDING OFFICER. Without did. In covered wagons they came to CONGRATULATING THE OHIO objection, it is so ordered. the middle of our country. Now a cen- STATE UNIVERSITY BUCKEYES f tury and a half later, people are moving out in a relentless depopulation. In NATIONAL CHAMPIONSHIP WIN- HOMESTEAD ECONOMIC every one of these States—North Da- NER OPPORTUNITY ACT kota, Nebraska, Kansas, South Dakota, Mr. VOINOVICH. Mr. President, I Mr. DORGAN. Mr. President, there Wyoming—people are moving out of rise today as an alumnus of Ohio State has been a great deal of discussion in the rural counties. The percentage of University and a Senator filled with recent days about the American econ- out-migration is shown on this chart. pride for our 2002 national champions, omy. The President was in Chicago the In North Dakota, about 90 percent of the Ohio State Buckeyes. middle of this week and proposed a new the counties are losing population. I I congratulate my home team and plan talking about tax cuts in order to grew up in a county in southwestern their outstanding coach, Jim Tressel, stimulate the economy. Others in the North Dakota. My home county is big- on a spectacular win and the best sea- Democratic Caucus in the Senate and ger than the State of Rhode Island. son ever in the history of Ohio State the House have talked about various When I left there were 5,000 people who University—14 wins and no losses. plans for tax cuts to stimulate the lived there. Now there are 2,700 living Throughout the season, the Buckeyes economy. While all this discussion there. In the year 2020 the demog- showed a remarkable spirit of deter- about the economy is important, I raphers say there will be 1,700 living in mination, cooperation, and the best wanted to mention something else that my home county, a county larger than teamwork that I have seen in a football is happening in the American economy the State of Rhode Island. team, frankly, during my lifetime. that gets precious little attention. In this county, there is a town called The Buckeyes have good people and a There is an economic blight that is New England, ND, a wonderful little great leader who inspired his team to occurring in our country that is out of community. Donna Dorman is the min- do their best—as athletes and young sight and therefore it is not very well ister at the Lutheran Church in New men with character, determination, understood by most Americans. I want England. She said that as a minister pride, and loyalty to each other and to to talk about it for a moment. she presides over four funerals for their alumni. In the last Congress, with Senator every wedding. Think of that: Four fu- On the night of the game, some of the Chuck Hagel from Nebraska, I intro- nerals she officiates at for every wed- sports pundits said that the other team duced legislation called the New Home- ding. This is a Lutheran minister. had more talent than the Ohio State stead Economic Opportunity Act. I vis- What does that say about the towns, Buckeyes. But throughout this season, ited briefly yesterday with Senator where the population is getting older, we utilized our talent more fully than HAGEL and we are going to be talking people are moving out, young couples any other opponent. about reintroducing that legislation that stay are not having children. It is The Buckeyes have that special in- very soon in this Congress. I wanted to the opposite of the movie ‘‘Four Wed- gredient—sticking together and work- make a couple of comments about it dings and a Funeral.’’ Four funerals ing together—a true symbiotic rela- and alert colleagues that this legisla- per wedding. That is a description of tionship. They understood that the tion is something we are going to work what is happening up and down the more they cooperated on behalf of the very hard to try and get approved by middle part of the country with this team as a whole the better off all of this Senate. steady depopulation. them would be. That is the spirit that There is a problem in this country Then we have people in other parts of shone through during the whole sea- with the economy. This is not a prob- the country who are trying to recreate son—unselfish determination and gen- lem about the American economy in its what we have in the middle: Great uine teamwork. That is what it was entirety. It is a problem about the schools, good places to live, safe neigh- about. economy in the heartland of our coun- borhoods, good places to raise children. Their lesson is a good one for us in try. This map shows the rural counties They are trying to recreate that in the Senate. It is the same kind of spirit of high out-migration in the country, other population centers of the coun- that we are going to need on the floor that is, counties in which people are try. of the Senate and in our country if we moving out, not in; counties that are We have people leaving the middle of expect to win the war on terrorism and losing population. America, in the heartland. The ques- to become national champions for our If we draw an egg shape from North tion is, What do we do about this? Can hard-working citizens who put their Dakota down to Texas in the middle we do anything? William Jennings Bry- trust in us. We would all do well to part of our country, we have the heart- ant said destiny is not a matter of emulate the 2002 Ohio State Buckeyes. land of America being depopulated. chance; it is a matter of choice. It is I congratulate our 2002 national cham- This is the heartland of America, not a thing to be waited for; destiny is pions and again underscore that if we which is North Dakota, South Dakota, a thing to be achieved.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S115 The question is, What kind of an community. I graduated from a senior ies. My State is also an agricultural economy do we want in this country? high school class of nine students. In State with a lot of family farmers. I Do we care about the heartland? Do we my State, in communities like that, know there are some who look at that want to do something about the de- there are wonderful people and they and say, Why would someone farm? I population of the heartland? When are great places in which to live. In my suppose you have to live on a farm to America’s cities were in deep trouble State, there is a small town called Sen- understand the values and the forces several decades ago, with the decay of tinel Butte, ND. They have one gas sta- that make you believe it is a wonderful America’s cities and the economic tion. The man and his wife who run the way of life. blight affecting America’s metropoli- gas station are nearing retirement age I notice that there is a television net- tan areas, guess what the Congress did. and do not want to work all day long, work that is going to do a reality show The Congress said, let us help; let us so when they close the gas station in which I read about yesterday—and develop an urban renewal program, a early afternoon, they hang the key to shook my head once again, as is so model cities program. And we did. We the gas pumps on a nail in the front often the case with modern television invested in America’s cities. And door. If you want gas and they are not shows. They are looking for a poor America’s cities are doing well. We open, take the key, unlock the pump, farm family somewhere in this coun- turned around the major metropolitan pump gas, and write your name on a try. They are going to take that poor areas of this country with programs de- tablet that is right below the key. farm family, they said, and put them in ciding that the cities are too good, too That is a value system that is impor- a mansion in Beverly Hills and then do important, to be allowed to fail. So we tant. It works in rural America. There reality television to see how they had model cities and urban renewal is a place called Marmarth. They have react, a poor farm family in a Beverly programs. a hotel in Marmarth that is a very Hills mansion, kind of like ‘‘The Bev- What about America’s heartland? Is small town but no one works at the erly Hillbillies.’’ They are doing what I that important enough to save? Is it hotel. If you need a bed, go take a bed think they call their ‘‘hick search’’ important enough to care about? Sen- and get some rest. And there is a cigar now, looking for these people who ator HAGEL and I introduced a piece of box tacked on the inside of the door would not fit in. Then they would send legislation called the New Homestead when you leave. When you are done them out to a mansion in Beverly Hills Economic Opportunity Act. We do not sleeping at that hotel, when you leave, so they can do a television show and have land to give away to people who please put a little money in the cigar make fun of them. There is precious would come out and homestead any- box. little to make fun of, in my judgment, more. We did a century and a half ago. Is that a big business? No. Is it im- about the value system of life on the We gave them free land. We do not portant to Marmarth? Sure. In a town family farm in this country. It is about have land to give away. What we do called Tuttle, the grocery store closed. struggling against the odds. It is about have is tax and other financial incen- That little community understood you perseverance, sometimes against hope, tives to offer to encourage people to need to have a grocery store. No one almost. It’s about developing survival stay there, to come there, to live there, would come in and build a grocery skills. to grow there, to build there, and to do store. So the city government built it. These are people who put a seed in business there. We have the capability The city council decided we have to the ground and then have to pray and to say to them: If you are going to run build a grocery store. And I was there hope the seed comes up to a plant, so a business in a rural county that has the day they cut ribbons on the grocery that it grows into a plant and perhaps lost more than 10 percent of its popu- store in Tuttle, ND. They blocked off it will rain, so it grows and perhaps it lation in the last 20 years, you may Main Street and had the high school won’t rain too much so it doesn’t benefit from investment tax credits. band play. What was that about? Cut- drown out, maybe the insects won’t You are a new student who has grad- ting the ribbon on a new grocery store come in and eat it, maybe it won’t get uated from school and are employed in in Tuttle, ND, that was developed by crop disease, maybe it won’t hail, a high out-migration rural county, you the city council of Tuttle, ND. maybe you won’t get a windstorm that will get some help paying off your col- In Havana, ND, they cannot keep a knocks the crop over. But, in any lege loans. There are tools we can de- cafe open, unless they have people in event, in the fall when you have grown velop and use to do that. town sign up for the time they are that seed into a crop, having put all Senator HAGEL and I have written a going to work for nothing to keep the your money into it in the spring to try piece of legislation that has now been cafe open. When is it your turn to work to get the seed into the ground, then if joined by 10 other members of the Sen- in the cafe? That is the way the com- you are lucky enough to get a crop, ate, Republicans and Democrats, say- munity keeps the cafe open. then you have to hope that the price is ing this country owes it to itself to All of these things represent a value decent in August, September, October, save the heartland. system that I think is important to because if you lost the crop you lost Let me describe why I think this is this country—wonderful small commu- everything, and if you get a crop and important to do. Some would say, well, nities making do for themselves, great don’t get a price in the fall you have whatever is, is; whatever happens, hap- places in which to live, great places in lost everything. pens, and do not pay too much mind to which to raise children, safe streets, Those are the odds these farmers it. If for some reason the incentives for good neighbors. We are going to lose all have faced, those who have elected to life in America in the year 2003 do not of that unless the Congress decides the go to the prairies in the heartland of provide people some inertia or encour- heartland is worth saving. The New our country and begin to farm. They agement to settle in Hettinger County, Homestead Economic Opportunity Act produce America’s food. But they do ND, that is just the way it is. I suppose is a piece of legislation Senator HAGEL more than that. They produce commu- you could have said that a century and and I will reintroduce in the next cou- nities. They are a seedbed of values a half ago and we would not have the ple of weeks. My hope is that Senators, that, as I said, nourishes and refreshes wagon trains taking the pioneers out Republicans and Democrats, up and the value system of our country. to go homestead. They did not say it down the heartland, will join us as co- My fervent hope is that we will find then. They said it is important to pop- sponsors once again this year and that a way in this Congress to understand, ulate the heartland of our country for we can work together creating tools by just as we did in dealing with the a number of reasons. which these States, these counties, blight of America’s cities, that we have I will discuss the value system in these small cities that are losing popu- responsibility to deal with the relent- rural America that nourishes and relation, can begin once again to build a less out-migration that is crippling so freshes the values of our country. I future home and opportunity for them- many rural counties up and down the come from a wonderful State of 640,000 selves. part of America’s heartland that you people. I grew up myself in a very There are some who say, well, this is see marked in red. small town. There were 400 people when just the way things are, just a force of I think there is a tendency for some I was living in that town. Now there life that is not going to change. People to think what is between California are fewer than 300 people in that same are moving from rural areas to the cit- and New York is simply 6 hours in an

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S116 CONGRESSIONAL RECORD — SENATE January 9, 2003 airplane seat. That, of course, is not Jim was born in our State in with him uncle, learning his craft on the case at all. What is between Cali- Wrangell, on May 16, 1920. His parents riverboats and gaining his love of the fornia and New York is a wonderful were gold rush pioneers, and his father water. After a few years he moved to part of America and a part of America was a riverboat pilot on the Stikine Fairbanks to attend the University of that we should care a great deal about, River in southeast Alaska. Alaska. a part of America that is suffering a In World War II, he was a veteran It was there during the long Fair- great deal at this point with the out- who served on riverboats in Alaska and banks summers that he learned the migration of people. You see it in red after the war he attended the Univer- ways of interior rivers, working on on this map. sity of Alaska in Fairbanks. In 1950, steamboats, hauling supplies to Es- As we proceed, there will likely be Jim and his wife Mary bought their kimo and native villages along the things that are very partisan here on first boat, the Godspeed, and began Yukon River. While his schooling at the floor of the Senate, and perhaps what would become Alaska Riverways, the University was interrupted by a properly should be because the polit- Incorporated. They ran a historic river- tour of duty in the U.S. military dur- ical parties come to this debate on a boat for tourists who came to Alaska. ing World War II, he returned to school range of issues believing in different Jim and Mary built and rebuilt many in Fairbanks after the war. There he things—not different goals, but dra- of their company’s sternwheelers in the met his future wife of 55 years, Mary matically different ways to achieve the backyard of their family’s home which Hall, and they were married in June same goal, in many cases. But my hope was on Noyes Slough, which is a river 1947. is that even as we have those debates that runs through Fairbanks, AK. It In 1950, Jim and Mary were asked to which can and perhaps will be partisan was a great experience to go with him run riverboat cruises in Fairbanks by debates from time to time, there will on that boat. I have taken many people Alaska tourism pioneer Chuck West. be some issues on which Republicans on Captain Jim’s boat. Using the Episcopal Church vessel, and Democrats can say: Sign us up to- Alaska Riverways is Fairbanks’ num- ‘‘Godspeed’’ they began offering tours gether. This is not about getting cred- ber one tourist attraction. Each sum- of the Chena and Tanana Rivers. As it. It’s not about forcing the other side mer, Alaska Riverways’ three stern- their business expanded, they needed a to lose or demanding that we win. It is wheelers, the Discovery (I), the Dis- bigger boat. So in 1955, Jim and Mary, about doing together that which needs covery (II), and the Discovery (III), along with their original partner Bill to be done for the preservation of this ferry thousands of tourists down the English, built the first Riverboat Dis- covery in their backyard on the Noyes country, for the preserving of values in Chena and Tanana Rivers, following Slough in Fairbanks. this country, and for the nourishing of trails to the gold rush people and really letting people see what rural Alaska Over his 45 years in the riverboat hope for certain people in this country business, Jim built two more boats, who have lost hope, especially those is like. Along with being a successful river- helping to launch the modern era of living in the heartland and living in tourism in Alaska’s interior. But he circumstances where their neighbors boat captain, Jim served in the Alaska State House of Representatives for two launched much more for Alaska. have left, their community is shrink- He helped create Alaskaland, Fair- terms from 1961 to 1964. In addition to ing, family farmers are leaving. banks’ historic major municipal park. that service in the Alaska legislature, We can do better than that. My hope He was a founder of the Alaska Visitors is that we will find a bipartisan way in Captain Jim served on numerous com- Association and the Fairbanks Conven- this Congress to decide this, too, is an munity boards and organizations. He tion and Visitors Bureau. And he urgent priority for our country and received many statewide awards, in- showed his commitment to public serv- pass legislation of the type Senator cluding being named ‘‘Alaskan of ice by serving two terms in the Alaska HAGEL and I will reintroduce once Year’’ and the business leader of the House of Representative in Juneau again, called the New Homestead Eco- year. from 1961 through 1964. nomic Opportunity Act. Jim was a proud father of three sons He was also a pioneer in improving I yield the floor. I suggest the ab- and daughter Marilee. I know all three communications in Alaska, serving on sence of a quorum. sons: Johne, Jim Jr., and Skip. They the boards of Alascom, Pacific Corp. The PRESIDING OFFICER. The are all riverboat captains and they and later Pacific Telecom, helping clerk will call the roll. have continued the great tradition of switch telecommunications in Alaska The assistant legislative clerk pro- their father, as have several of his from an era of Government-controlled ceeded to call the roll. grandchildren. long-distance phone service to the Mr. STEVENS. Mr. President, I ask Captain Jim was clearly a leader in modern era of satellite communication unanimous consent that the order for the development of Alaska tourism and that included the arrival of live tele- the quorum call be rescinded. of our State in general. His vision and vision to all parts of the State. The PRESIDING OFFICER (Mr. COR- hard work forever changed Alaska’s He received numerous awards, includ- NYN). Without objection, it is so or- visitor industry, and for that we are ing being named the Alaskan of the dered. very grateful. Year and the Business Leader of the f I am pleased to say I have asked that Year. a flag be flown over the Capitol today While I have lived in Anchorage for EXTENSION OF MORNING so we may send it to his family, along the past 25 years, I can never forget sit- BUSINESS with a copy of this statement. ting in my parents’ backyard along the Mr. STEVENS. Mr. President, I ask (At the request of Mr. STEVENS, the Chena River in Fairbanks. You could unanimous consent that the time for following statement was ordered to be almost tell time by when Captain morning business be extended by 10 printed in the RECORD.) Binkley would pilot the Discovery past minutes and that I be permitted to ∑ Ms. MURKOWSKI. Mr. President, I our house, always waving his warm speak. rise today to speak and honor a great welcome as we tooted a fog horn in The PRESIDING OFFICER. Without Alaskan, and long time family friend, reply as the sternwheeler rounded the objection, it is so ordered. Jim Binkley of Fairbanks. small bends heading for the junction f Jim, one of the State’s great river- with the Tanana. boat captains, died last Friday after a Alaska has lost a great pioneer and IN HONOR OF CAPTAIN JIM long and painful illness. I join all Alas- an even greater leader. I want to ex- BINKLEY kans in expressing my deepest condo- press my deepest condolences to his Mr. STEVENS. Mr. President, I come lences to his family and all of his wife, Mary, to his son Johne, himself a with a sad heart today because on Jan- friends across the State. former leading member of the Alaska uary 3, the City of Fairbanks, where I Jim was born in Wrangell in south- Legislature, to his sons Jim, Jr. and started my life in Alaska, and the east Alaska 82 years ago and was raised Skip and to all his grandchildren. All State of Alaska lost a great citizen in California after his father’s death. of Alaska mourns his passing.∑ with the passing of Captain Jim After high school, Jim moved back to Mr. STEVENS. I suggest the absence Binkley at the age of 82. Wrangell and worked as a river guide of a quorum.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S117 The PRESIDING OFFICER. The I will say, for the purpose of the tax- who are in similar circumstances as US clerk will call the roll. payers, had the Pension Benefit Guar- Airways. But this is a dire situation. The legislative clerk proceeded to anty Corporation decided to accept the This is the largest carrier on the east call the roll. US Airways pilots’ union plan, there coast. This is probably the airline, I Mr. SANTORUM. Mr. President, I would have been no liability to the would argue, most affected by Sep- ask unanimous consent that the order PBGC, and no cost associated with it. tember 11. It was not one of the air- for the quorum call be rescinded. The airline would have terminated the lines targeted by the terrorists on Sep- The PRESIDING OFFICER. Without plan but maintained all the liability tember 11 but, as everybody knows, it objection, it is so ordered. and simply amortized that cost over a is the dominant carrier in the cities f 30-year period. The Pension Benefit that were affected by the terrorist inci- US AIRWAYS Guaranty Corporation proposed in the dents. So, in particular, Reagan Na- tional Airport, which was closed for a Mr. SANTORUM. Mr. President, I alternative that they terminate the rise today to talk about an issue that plan; PBGC take over the responsi- long period of time, is the most profit- is of acute importance to my State, the bility for that plan; and US Airways able hub of US Airways. So it was dra- State of Pennsylvania, and, I argue, to move forward without a pilot pension matically impacted by Government ac- the traveling public throughout the plan. tion of shutting down airports, not just east coast, in particular. That is the Such a plan, which I think you could by the reduction in the air trafficking situation of US Airways and the prob- make the argument, would be to the fi- that was going on in the country, and lem that US Airways is encountering nancial benefit of US Airways and the the traveling, but by Government ac- in reorganizing the company and try- management because they would be re- tion actually shutting down the facil- ing to get the government loan pro- leased of this rather significant, rough- ity. vided here by legislation enacted after ly $3 billion, obligation of paying pilot So I think we have a special obliga- September 11. The Air Transportation pensions. But, US Airways manage- tion as a result of that to help this par- Stabilization Board has set forth cri- ment, working together with their ticular airline because it was, again, teria that US Airways must meet in unions in a great spirit of cooperation, arguably, most affected by what hap- order to secure that loan and continue did not want to have their pilot pen- pened. to operate. They are under a relatively sions reduced in the area of 75 percent. I understand that this is, as we term tight timeframe and have to go to That would be the result of a takeover it here in the Senate, a rifleshot. And court next Thursday, I believe, to get by the PBGC. So they have pled with rifleshots are not looked upon kindly the reorganization plan approved. the PBGC to approve their plan which by the Finance Committee and by this There are several issues out there, would result in, again, a drastic reduc- institution. But I would certainly but the most important and major tion in the benefits of the pilots, but make the argument that, if a rifleshot issue is the issue of the pension plan not as draconian as the PBGC change. were ever warranted, this is a rifleshot that US Airways has and the expense Having said all that, they have been that certainly deserves to hit the tar- associated with that, and in particular, back and forth and back and forth and get. the pilots’ plan. US Airways has been we are now at a point where there does So, Mr. President, I ask unanimous working now for a better part of a year not seem to be any hope for an agree- consent that the Finance Committee to work with the union and within its ment. We have been working together, be discharged from further consider- management to find cost savings, myself and Senator SPECTER from ation of S. 119; that the Senate then money dictated by the Air Transpor- Pennsylvania. I ask unanimous consent proceed to its immediate consider- tation Stabilization Board, and they that the distinguished Senator from ation; that the bill be read three times, have done an excellent job. I will say North Carolina, Senator DOLE, be passed, and the motion to reconsider be that the US Airways unions have done added as a cosponsor to S. 119—the bill laid upon the table, with no inter- an outstanding job in working with I will call up in a minute. vening action or debate. management to try to get the company The PRESIDING OFFICER. Without Several Senators addressed the to be an efficient and lower cost airline objection, it is so ordered. Chair. to survive in these very difficult times Mr. SANTORUM. We have been work- Mr. SPECTER. Mr. President, I ask in the airline industry. ing together, the Senators from North my colleague to withhold the request One of the most important aspects of Carolina, Florida, New York, Pennsyl- until I have had a chance to make a the reorganization, as I mentioned be- vania, Massachusetts, and Virginia— brief statement. fore, was the rather significant pension Senator WARNER is a sponsor of this Mr. SANTORUM. I withhold my reliability and, in particular, because of resolution—to see what we can do to be quest until the Senator from Pennsyl- the higher salaries of pilots, the pilot helpful in this process. The problem is, vania speaks. pension program. US Airways has been candidly, that this plan has to be filed The PRESIDING OFFICER. The re- negotiating with the pilots now for by next Thursday, a week from today. quest is withheld. quite some time, and within the last So the PBGC says they do not have the Mr. SPECTER. Mr. President, I month or so came up with an agree- legal authority to approve the US Air- sought recognition to join my distin- ment to restructure the plan—in fact, ways plan. guished colleague, Senator SANTORUM, to terminate the plan and then restart So the only way to get around that in the presentation of this matter the plan—with a different benefit problem is for Congress to act to which is of great importance, not only structure and having the cost of those amend the law, pension law, and allow to Pennsylvania, but great importance benefits amortized over a 30-year pe- for this agreement that US Airways to the country. riod. and the pilots union have agreed to, to The US Airways system is the sixth- They went to the Pension Benefit be a valid change in plan under the largest carrier in the United States. It Guaranty Corporation, the government pension laws of this country. provides service on a national and agency that oversees the pension plans So, I, in just a few minutes, am going international basis. As a result of the and guarantees those plans, and asked to ask unanimous consent that we problems of September 11, US Airways for an approval to terminate and re- bring up this legislation and that we has had considerable financial prob- start the plan with a 30-year amortiza- debate it on the floor of the Senate and lems and has moved forward to get a tion. The Pension Benefit Guaranty pass this legislation today. I under- loan guarantee from the Federal Gov- Corporation informed the company and stand this is an extraordinary thing to ernment, $1 billion, and to accomplish union they believed they had no legal ask. I know the Chairman of the Fi- that there have been major concessions authority. Any time you get two law- nance Committee is here, as well as the made by labor and major concessions yers in a room you have five opinions; former Chairman of the Finance Com- made by suppliers to enable the airline but in this case, some lawyers on both mittee and now ranking member. They to chart a course for the future on sides suggested there was, and some have been working diligently trying to which they can succeed. suggesting there was not, legal author- deal with this very complex issue. I un- The Pension Benefit Guaranty Cor- ity to terminate and restart. derstand there are a lot of companies poration has interpreted the law to say

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S118 CONGRESSIONAL RECORD — SENATE January 9, 2003 that they are not in a position to ac- hard hit, filing for chapter 11 bank- millions of dollars annually. I want to cept the termination of a plan and the ruptcy protection on August 11, 2002, emphasize that this is a simple statu- reinstatement unless there is a legisla- and laying off over 13,000 employees tory clarification, a clean bill that pro- tive change. If the bill, which Senator since. One unique challenge faced by vides no additional benefits to US Air- SANTORUM, Senator DOLE and I are pro- this airline is the fact that it has his- ways and is of no cost to the Federal posing, is not enacted, airline pilots torically had a large and lucrative op- Government. In fact, successful and will have a drastic reduction in their eration at Washington’s Ronald timely passage of this bill may very pension benefits, and the taxpayers Reagan National Airport, and so long well save the U.S. Treasury billions of will have all of the obligations thrust as operations from this airport were dollars over a period of many years. upon the Pension Benefit Guaranty constrained due to post-September 11 US Airways will present its reorga- Corporation so that the taxpayers will security considerations, US Airways nization plan before U.S. Bankruptcy be hurt and the pilots will be hurt and, was losing a significant portion of its Court on January 16, 2003, prior to ultimately, consumers of airline travel revenues. which it must resolve this pensions will be hurt. US Airways is now in the final stage issue. Accordingly, time is of the es- The legislation which we have proof obtaining approval for a $1 billion sence, and this legislative fix must be posed would authorize the PBGC to loan guarantee from the Air Transpor- signed into law prior to January 16, have a discontinuance of the plan and tation Stabilization Board, ATSB. I 2003, for it to have any positive effect. then to have a reinstatement of the have been assured that this loan guar- It is thus with this sense of urgency plan. I think it is preeminently sen- antee will enable US Airways to that Senator SANTORUM and I ask for sible. emerge successfully from chapter 11 the bill’s immediate consideration. I am not unaware of the prerogatives bankruptcy proceedings and again vie I ask unanimous consent a list of of the Finance Committee and their successfully for passengers in the inter- facts in support of this legislation be guardianship of the law generally, and national market. printed in the RECORD. I do not subscribe to rifleshot, buck- But before this can happen, US Air- FACTS IN SUPPORT OF LEGISLATION shot—any shot. This is a proposal that ways needs to restructure its pension PROBLEM/BACKGROUND makes sense. If other companies come obligations, which are backed by the US Airways is in the final stage of obtain- in and can make a similar presen- Federal Pension Benefit Guaranty Cor- ing approval of (1) a $1 billion loan guarantee tation, that makes sense, too. poration, PBGC, and, ultimately, the from the Air Transportation Stabilization Board (‘‘ATSB’’), (2) a $240 million equity in- So it is my hope that we will be able American taxpayer. US Airways’s pen- vestment from the Retirement System of to consider this bill on the merits. We sion liabilities increased significantly Alabama, and (3) a plan of reorganization are not too busy to take a little time of in recent months due to poor market pursuant to which US Airways would emerge the Senate having a discussion of the performance and a 41-year low in inter- from Chapter 11 bankruptcy proceedings. bill. It cannot be considered without a est rates. Funding obligations for the On 12/20/02, US Airways filed a Plan of Re- unanimous consent agreement. But, if pilots’ pension plan is estimated to be organization and Disclosure Statement with the unanimous consent agreement were $575 million for 2004 and $333 million for the bankruptcy court. A hearing is scheduled for 01/16/03 on the adequacy of the Disclosure entered into, we could have debate. 2005. Given its current cash position, Statement, and if approved, the Plan will be If the Senator from Iowa and the US Airways cannot make these pay- circulated with voting materials to impaired Senator from Montana disagree with ments, and, additionally, the airline creditors. It is expected that a hearing on the substance of the bill, I can under- has indications from the ATSB that confirmation of the plan of reorganization stand that. We can debate it, it can be the ATSB will not approve its loan will take place in March 2003. considered, and we can vote on it. But considering these large obligations. This progress is a direct result of unprece- this is one of those situations where I But US Airways is proposing a simple dented contract modifications agreed to both think a little extra consideration is in and cost-saving solution that would es- during the summer and in the last few weeks by the Air Line Pilots Association, Inter- line. sentially terminate and then restore national (‘‘ALPA’’). These modifications will If the unanimous consent request is its pilots’ pension plan, a change that produce an average savings of $633 million granted, then we can have debate on would allow the airline to amortize the annually. the merits, and I will go into these plan’s unfunded accrued liability and One of the remaining issues to be resolved is issues in some greater detail for the ed- unfunded current liability in level pay- the restructuring of US Airways’s pension obli- ification of my colleagues whom I hope ments over a 30-year period. Simply gation, which has increased significantly be- will have a chance to vote on this mat- put, payments that would have been cause of the poor market performance and ter. made over a 5-year period would be 41-year low interest rates. US Airways sponsors defined benefit plans for its pilots, flight I thank my colleague from Pennsyl- spread out over 30 years, a schedule attendants, mechanics and other employees vania for yielding and for withholding that would allow US Airways to fully and other employees. the unanimous consent request. meet its pension obligations. This US Airways is facing estimated pension I have sought recognition today to means that the PBGC would not have contributions of $1 billion in 2004 and $800 join my colleague Senator SANTORUM to step in to cover liabilities US Air- million in 2005 for its defined benefit plans. in introducing legislation that would ways would not otherwise be able to The pilot plan pension funding obligation alone benefit American taxpayers by saving meet, and the pilots are agreeable to is estimated to be $575 million for 2004 and $333 them hundreds of millions of dollars in million for 2005. The Company can not make this proposal. This also means that US these payments, given its cash position. Ad- potential Federal pension liabilities as Airways would then likely have its ditionally, it has indications from the ATSB well as protecting pension benefits of loan guarantee approved and thus be and the ATSB will not approve its loan with US Airways pilots. Senator SANTORUM able to emerge from bankruptcy pro- these large pension obligations. The ATSB is and I believe this legislation is a win- tection. requiring that US Airways develop a viable win proposition that benefits all par- The only problem is that the PBGC business plan for the 7-year ATSB loan pe- ties involved, and it is good policy that has determined that it does not have riod. the American consumer will benefit the legal authority to approve such a The traditional funding waiver permitted under the Internal Revenue Code and the from as well. plan. Inaction would leave US Airways Employee Retirement Income Security Act Sound transportation infrastructure with no option but to terminate its pi- is not sufficient relief because a waiver ap- is the backbone of a healthy and vi- lots’ pension plan and regrettably plies only one year at a time and the waived brant economy. The airline industry transfer liability to the PBGC. contribution is amortized over only a 5-year continues to struggle in the wake of To avoid this unnecessary situation, period. A traditional waiver would actually the events of September 11. Though we are proposing a legislative clarifica- result in increased pension contributions, passengers are returning, the industry tion that would specify that the PBGC particularly in years 2005, 2006 and 2007, has the legal authority to terminate which the Company cannot afford. is still operating at well below historic As of 01/01/02, the funded status (on a cur- levels, and this is obviously affecting and then restore US Airways’s pilots’ rent liability and market value of assets the industry’s profitability. pension plan, thereby protecting the basis) of the US Airways pilot defined benefit US Airways, the Nation’s sixth-larg- pilots’ pensions while potentially sav- plan was 73.7 percent. Due to the proper mar- est air carrier, has been particularly ing the American taxpayer hundreds of ket performance and low interest rates, it is

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S119 estimated that the funded status of the plan Pension Benefit Guaranty Corporation. I very much look forward to working will drop significantly as of 01/01/03 (based on The bill would permit a single airline with my good friends from Pennsyl- information as of 10/31/02) to 50.1 percent. to avoid the pension funding rules in vania, and all Senators. But I just US Airways and ALPA reached agreement the Internal Revenue Code, while every on substantial changes to the pilots’ plan think because of propriety and doing it that eliminate and reduce benefits accruing responsible plan sponsor funds its own the right way to make sure this is the on and after 01/01/03. However, US Airways plans. We will need to deal with this right solution that we should not take must resolve the pension funding obligations particular problem when we deal with it up at this time. There may be for benefits that accrued prior to 01/01/03 in the rest of the funding rules and the amendments and modifications to the order to get final approval for the loan guar- pension interest rate problem because provision being requested that could be antee and emerge from bankruptcy. that is a very real problem and several quite helpful to meet some of the ob- There is tremendous urgency to resolving times we have tried to address it, just jections some others might have. This US Airways’s pension funding liabilities, not successfully through the whole which can be achieved in a manner that: In- is the first time we have heard of it. I sures the success of US Airways’ reorganiza- process. So we get to a point that one haven’t seen the language. It did not tion; protects the pension benefits of US Air- set of rules for one company harms the come before our committee. ways’ employees and retirees, who would nation’s pension laws applicable to the I must respectfully object to the re- lose hundreds of millions of dollars in pen- remaining plans. quest. sion benefits that are not guaranteed by the I respectfully suggest that something The PRESIDING OFFICER. Objec- Pension Benefit Guaranty Corporation this important would—surely ought to tion is heard. (‘‘PBGC’’) in the event of plan termination, be referred to the Finance Committee The Senator from Pennsylvania. and retirees, who would hundreds of mil- and that we should deal with it under Mr. SPECTER. Mr. President, I lions; protect the solvency of dollars in pen- the regular rules of the committee, but thank my colleagues from Iowa and sion benefits that are not guaranteed by the particularly we need a solution that PBGC) in the event of plan termination; and Montana for their responses. I appre- protects the PBGC by providing substantial would be nation-wide, not dealing with ciate their considerations. funding for a continuing plan in place of a just one company. So I express opposi- It would be my hope, as I said earlier, plan termination which leaves PBGC with tion to this effort. that they would recognize the exigen- billions of dollars in liabilities that will not The PRESIDING OFFICER. The Sen- cies of this situation and permit us to be recovered in the bankruptcy. ator from Pennsylvania. proceed. But in light of their state- US Airways’ bankruptcy filings empha- Mr. SANTORUM. Mr. President, I ments that they intend to object, sized the need to resolve this crisis imme- renew my unanimous consent request which I understand will follow, I in- diately by legislation, and made clear the that I stated previously. likely alternative was plan termination. quire of my colleague from Montana, The PRESIDING OFFICER. Is there who is now chairman, and of my col- SOLUTION objection? league from Iowa, who hopefully by US Airways and ALPA have requested a Mr. BAUCUS. Mr. President, reserv- this time tomorrow will have the reso- special funding rule for liabilities that have ing the right to object and I will ob- lution passed to shift the chairman- accrued under the US Airways pilot defined ject, I deeply appreciate the concerns ship, whether there might be an early benefit plan as of 12/31/02. Under the proposed of both Senators from Pennsylvania, bill introduced today, the US Airways pilot hearing set in the Finance Committee. the senior Senator and junior Senator, defined benefit plan will be treated as if ter- I am in line to be chairman of the ap- who spoke eloquently about the prob- minated and restored as of 01/01/03, with a propriations subcommittee having ju- lems facing those particular airlines, restoration payment schedule that amortizes risdiction over the Department of the plan’s unfunded liability and unfunded and I understand that. I think every Labor. And Senator HARKIN and I have current liability in level payments of a 30- Member of this body does. The fact of agreed to have a hearing on this next year period. the matter is, there are other airlines, week. But the authorizing committee With enactment of the proposed bill, US too, facing very difficult financial has the paramount responsibility. Airways would continue to maintain and problems these days. It is unfortunate fund the pension plans for its pilots. US Air- but that is the fact. There is a U.S. Bankruptcy Court hear- ways would successfully restructure. US Air- I must say, too, as has the chairman ing on this matter on Wednesday. I do ways would meet all funding obligations to not think we have a problem about the the pilots’ plan by making substantial level of the Finance Committee, I have not seen that proposal. All I know is what solvency of US Airways being involved pension contributions of approximately $150 as I thought there might have been million on average per year under the pro- I hear on the floor now. I think it posed payment schedule. Additionally, with would be inappropriate for the Senate several weeks ago. But I think the enactment of the proposed bill, the PBGC to unanimously pass a change in the court might be willing to defer action would avoid the liability and responsibility pension laws which have not been re- which touches upon these issues if resulting from the termination of an under- viewed by other Senators, certainly there was knowledge that there was funded pension plan. not by Members of the Finance Com- going to be expedited treatment. The PRESIDING OFFICER. The Sen- mittee. So my question to the chairman and ator from Iowa. My good friend, Senator GRASSLEY, ranking member of the Finance Com- Mr. GRASSLEY. If my colleague soon to be chairman of the Finance mittee is whether it might be possible would withhold his request, I would Committee, makes a very good point. to schedule a hearing yet this month like to speak on this issue. Even if it were passed here, we would which could then be used with the I appreciate the efforts of the two have to wait until some other measure court to defer action with the possi- Senators from Pennsylvania to help passed in the body so it could be bility or prospects of some action by these underfunded airline pension amended and have it considered. There the Senate on this issue, that is, US plans, particularly as it relates to a are a lot of reasons—although I cer- Airways, or the issue generally. company that is very important to the tainly appreciate the argument by the Mr. BAUCUS. Mr. President, I might economy of their State. We are also in Senators—this is not the appropriate say to my good friends that I think a situation where, as far as I know, the time nor the appropriate way to take that is a good idea. The Senator has House Ways and Means Committee has up this measure. my assurance—and I know the assur- not acted on this issue and, con- I ask my good colleagues to work ance of my colleague from Iowa—that sequently, even if the Senate were to with the committee and to work with we will look into the matter tomorrow, pass it the measure would be subject to Senator GRASSLEY and myself over the say, and determine if a hearing makes a blue slip, meaning, under the Con- next several days or next week—and sense. It could well be a very good idea. stitution, a revenue measure needs to also with other airlines because other Maybe it can be resolved in some other start in the House of Representatives. airlines, frankly, are hurt by their re- way without a hearing. So if we took action, what would that quest. I was contacted a couple hours But I would like to look at the issue do? It could not become law. ago by airlines that said: Wait a and expeditiously, see if there is a way The legislation the Senator has in- minute. It may be good for them, but it to resolve this matter. It could well be troduced would create, as a matter of is not good for us. that we could have a hearing this week substance, perverse disincentives for We have to make sure that all air- or sometime this month. It could be a all plans that paid premiums to the lines are treated fairly. very good idea. We could well do that.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S120 CONGRESSIONAL RECORD — SENATE January 9, 2003 But I could really answer that question regularity if the Senate got out of con- very rare circumstance, indeed. So I do a little more after I look at the issue stitutional control. I thought it could think we have unique circumstances. more and know what is involved. act on these things unilaterally. But, Again, I understand the precedent Mr. SPECTER. Mr. President, if I again, I think there is a certain sup- that this sets, but I am hopeful we can might direct a question through the port on the Ways and Means Com- work out a change in the law that will Chair to the Senator from Montana, he mittee for dealing with this issue. The give the PBGC the flexibility to look at says he may well be able to have a request of the Senator from Pennsyl- these unique circumstances, and hearing this month. It depends upon vania, hopefully, will not only be one unique circumstances in the future his analysis of the legislation or the communicated to the Finance Com- with respect to other companies, to complexity of it. Would it be a fair mittee but also would be commu- come up with a solution that is best for statement that the representation nicated to the Ways and Means Com- the taxpayer as well as best for the could be made to the court that there mittee in the House to seriously look companies and unions involved in these will be an effort made, if possible, to into this. very difficult times. have a hearing in finance this month? I know many of my colleagues from Mr. President, with that, I suggest Mr. BAUCUS. That is a very fair rep- Pennsylvania and other Congressmen the absence of a quorum. resentation. from other states are going to be ad- The PRESIDING OFFICER (Mr. Mr. SPECTER. I think that would be versely affected—potentially affected— CHAMBLISS). The clerk will call the a yes. by what happens next Thursday. I hope roll. Mr. BAUCUS. That is a yes. a request will be made to the Chairman The legislative clerk proceeded to Mr. SPECTER. Might I ask my col- of the House Ways and Means Com- call the roll. league from Iowa, who will soon waive mittee to take a very significant look Mr. HATCH. Mr. President, I ask the gavel, if he concurs in what the at this. I hope they will be moved to unanimous consent that the order for Senator from Montana said? act in a way that would be beneficial to the quorum call be rescinded. Mr. GRASSLEY. I might modify it this situation, and again other situa- The PRESIDING OFFICER. Without just a little bit, but understand that I tions around the country of pensions objection, it is so ordered. am making this statement not having failing. Mr. HATCH. Mr. President, I ask had a chance to think deeply on it. But But the point I want to reiterate is if unanimous consent I can proceed as in it would be in relationship to the ex- this legislation were passed there morning business. tent to which there should be a hearing would be no cost to the Federal Gov- The PRESIDING OFFICER. Without just on this one company as opposed to ernment by picking up the pensions of objection, it is so ordered. a hearing on the pension problem gen- the pilots and others in the union of The Senator from Utah. erally and in the larger context be- US Airways. Without this legislation, f cause I did voice in my statement to the cost to the Pension Benefit Guar- IN DEFENSE OF THE FEDERALIST the Senate that it seems to me that we anty Corporation, and, therefore, to SOCIETY do have to look into this area, and we the taxpayers of the United States have to look at it as a pension problem would be about $3 billion. So this is a Mr. HATCH. Mr. President, I am very in a much broader context than just measure that will save $3 billion over a pleased that the President has wasted one company. Obviously, in that con- set number of years. That is not pocket no time in delivering his judicial nomi- text, I have absolutely no opposition to change, even in Washington, DC. nations left behind in the last Con- looking at the problem of one com- I think there has been an attempt to gress. The President’s judicial nomi- pany. But I also think it ought to be try to address this issue in a way that nees have proven to be superb and looked into only in the context of the does not—as the Senator from Iowa among the best I have seen in all my others because of the extent to which said—create an incentive for compa- years of service in this body. it might lead to other companies mak- nies not to fund their legal obligation. As chairman of the Judiciary Com- ing the same request. I don’t think this narrow provision is mittee, I expect that my colleagues on Mr. SPECTER. Mr. President, if I an incentive for any other corporation both sides are eager to do the people’s may direct a question through the to not do what is required of them business and move as promptly as Chair to the Senator from Iowa, the under the pension laws. But what we President Bush to fill judicial vacan- substance of what I understand he said have is an extraordinary case where cies. is that if it is possible to have a hear- union and management come together Of course, I realize that the distor- ing this month, considering whether it to dramatically reduce the benefits of tions have begun. be on a single company or the com- the pilots. And I underscore the words The usual special interest lobbies, plexity of taking up a broader issue, ‘‘dramatically reduce’’ the benefits to pursuing their political and economic that consideration would be given to the pilots. The pilots signed off on it. interests, have already been busy having a hearing this month if it can They have signed off on this as a way painting a very scary picture with the be done in a practical sense. for the company to continue to oper- usual shrillness and tired old tactics. Mr. GRASSLEY. In the context of ate. It will save the taxpayers money, The President of the United States what I stated, the answer to that is, I and it will save these airlines and all of has nominated men and women who, would agree. the employers—as well as the traveling whatever their personal politics or Mr. SPECTER. Mr. President, I take public in the Northeast and throughout views, are constitutionalists who are that also to be a yes. the eastern part of the United States. committed to enforcing the law as the I thank my colleague from Iowa. I think this is a narrow exception. I people’s elected representatives have The PRESIDING OFFICER. The Sen- think this is a special circumstance. adopted, and who will interpret the ator from Pennsylvania. Whether we can effectually change Constitution, not rewrite it as if they Mr. SANTORUM. Mr. President, I am something that would allow the kind of were in the room with the founding fa- disappointed that we were not able to flexibility under very stringent rules— thers—Constitutionalists, not Repub- get unanimous consent. I certainly un- I would agree with the Senator from lican or Democrat, not liberal or con- derstand the position of my colleagues Iowa. It allows the flexibility of the servative, who will approach their roles from Montana and Iowa. But I just Pension Benefit Guaranty Corporation in a common sense manner. want to reemphasize that the reason to look at the unique circumstances of But today, I rise to right one par- we sought to submit this extraordinary these petitions of companies and ticular wrong. A recent report by Peo- act is because of the timing of the judi- unions. ple for the American Way, with, oddly cial submission a week from now. A I just remind everyone, this is not enough, a remarkably biblical title, revenue bill is being generated in the the management going in unilaterally paints President Bush’s nomination as House. As an old House Ways and saying: We are going to cut benefits an Armageddon. In reading the report, Means Committee member, I was very and restructure the program. This is one would well think the President is jealous of that prerogative and wanted the union and the management saying: choosing judges from the ranks of the to make sure that we enforced it with This is what we want to do. This is a Raelians.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S121 But they especially go out of their For the vast majority of Americans, should be. The Society believes that way to malign the thousands of honest, these are not controversial issues. debate is the best way to ensure that smart and hard-working lawyers and Rather, they are basic constitutional legal principles that have not been the law students who are members of the assertions that are essential to the sur- subject of sufficient attention for the Federalist Society as if these fine men vival of our republic. They are truths past several decades receive a fair and women wear the mark of the devil. that have united Americans for more hearing. Mr. President, I am a member of the than two centuries. The Federalist Society’s commit- Federalist Society and I am proud of it. Recently we have seen the emergence ment to fair and open debate can be Last year, the Federalist Society cele- of some groups that seek to undermine seen by a small sampling of some par- brated its 20th anniversary, and we are the third of these ideas—that judges ticipants in its meetings and sympo- all proud of that. should not write laws. These groups siums. I venture to say the Federalist Of course, the childish games played have attempted to use the judiciary to Society’s meetings and symposiums against the Federalist Society are not circumvent the democratic process and are among the most well attended and new. Over the past 2 years, members of impose their minority views on the among the most widely attended and the Federalist Society have been much American people. among the most diversely attended and maligned by some even in this body. This judicial activism is a nefarious among the best symposiums held by The Federalist Society has even been practice that seeks to undermine the anybody in the judicial field. But those presented as an ‘‘evil cabal’’ of conserv- principle of democratic rule. It results participants who have participated— ative lawyers. Its members have been in an unelected oligarchy—government maybe we should look at some of them. subjected to questions which remind by small elite. Judicial activism im- They have included scores of liberals one of the McCarthy hearings of the poses the will of a small group of po- such as Justices Ruth Bader Ginsburg early 1950s. Detractors have painted a liticized lawyers upon the American and Stephen Breyer, Michael Dukakis, picture which is surreal, twisted and people and undermines the work of the BARNEY FRANK, Abner Mikva, Alan untrue. people’s representatives. Dershowitz, Laurence Tribe, Steve The truth is that liberal orthodoxies Indeed, if the radical left, the abor- Shapiro, Christopher Hitchins, and reign rampant and often unchecked in tion on demand lobby, and some preda- Ralph Nader, to name a few. a majority of this country’s law tory businessmen who happen to hold I would like to include for the schools and in the legal profession, and law degrees and call themselves trial RECORD a list of 60 participants in Fed- that the left is shocked that an asso- lawyers are successful; if we appoint eralist Society events that dem- ciation of honest, non-partisan, con- judges that are committed to writing onstrates the remarkable diversity of stitutionalist lawyers would exist, the law and Constitution and not inter- thought of Federalist Society events. much less include the notable legal preting it only, then all of us can just One of them is Nadine Strossen, presi- minds it does. go home. We can resign ourselves to dent of the ACLU, who many of us During the mid-1990s, Professor live under the oligarchic rule of law- know, respect, and have worked with, James Lindgren of Northwestern Uni- yers—or should I say judges. and who has participated in Federalist versity Law School conducted a survey I happen to know a few lawyers, and of law school professors and came to Society functions regularly and con- please trust me when I say, this is not the following conclusion. At the fac- stantly since its founding, and who at- a good idea. ulties of the top 100 law schools 80 per- tended the recent 20th anniversary din- Not surprisingly in an association of cent of law professors were Democrats ner. lawyers, the truth is that beyond ac- The ACLU’s president has praised the or leaned left and only 13 percent were ceptance of the Federalist Society’s Society’s fundamental principle of in- Republicans or leaned right. These lib- three key ideas: freedom, separation of dividual liberty, its high-profile on law eral professors promulgate their ide- powers, and that judges should not ology in and outside the classroom. school campuses, and its intellectual Mr. President, anyone associated write laws, it is challenging, if not im- diversity, noting that there is fre- with America’s campuses or law possible, to find consensus among Fed- quently strenuous disagreement among schools knows that non-liberal views eralist Society members. Its members members about the role of the courts. are regularly stifled and those espous- hold a wide array of differing views. Ms. Strossen has said that she cannot ing those views are often publicly They are so diverse that it is impos- draw any firm conclusion about a po- shunned and ridiculed. It was this envi- sible to describe a Federalist Society tential judicial nominee’s views based ronment of hostility to freedom of ex- philosophy. on the fact that he is a Federalist Soci- pression and the exchange of ideas in The assertion that members are ideo- ety member. universities that set the stage for the logical carbon copies of each other is It seems to me that an organization formation of the Federalist Society. at the very least ludicrous. that includes such a wide array of opin- And given my Democrat colleagues’ re- The Society revels in open, thought- ion serves this Nation well and does action to the Society, it appears to be ful, and rigorous debate on all issues. It not deserve the vilification it gets from fighting against narrow-mindedness rests on the premise that public policy the usual suspects here in Washington. still. and social issues should not be accept- There are many notable conserva- In 1982, the Federalist Society was ed as part of a party line but, rather, tives that also affiliate with the Fed- organized, not to foster any political warrant much thought and dialog. Any eralist Society. But as the members of agenda, but to encourage debate and organization that sponsors debate on the Senate demonstrate, even amongst public discourse on social and legal issues of public importance, as opposed those that are often labeled ‘‘conserv- issues. Over the past 20 years, the Fed- to self-serving indoctrination, is atives’’ there is much disagreement on eralist Society has accomplished just healthy for us all and it is good for this most social and political issues. Some, that. It has served to open the channels body as well. unfortunately, often portray the Fed- of discourse and debate in may of Now, how does the Federalist Society eralist Society as a tightly knit, well- America’s law schools. accomplish its goal? Not by lobbying organized coalition of conservative The Federalist Society espouses no Congress, writing amicus briefs, or lawyers who are united by their right- official dogma. Its members share ac- issuing press releases. And, no, it does wing ideology. This is far from true. ceptance of three universal ideas: One, not threaten members with withdrawal Allow me to illustrate further. that government’s essential purpose is of support in campaigns or running Three years ago the Washington the preservation of freedom; Two, that negative smear ads, which some of the Monthly published an article entitled our Constitution embraces and requires special interest groups that smear this ‘‘The Conservative Cabal That’s Trans- separation of governmental powers; President’s good judges engage in. The forming American Law,’’ which cited a and, three that judges should interpret Federalist Society seeks only to spon- 1999 decision by a panel of the D.C. Cir- the law, not write it. sor fair, serious, and open debate about cuit’s Court of Appeals as the ‘‘net- Tell me if you disagree with any of the need to enhance individual freedom work’s most far-reaching victory in re- these ideas. Most Americans do not, and the role of the courts in saying cent years.’’. The decision overturned but it seems like some in this town do. what the law is rather than what it some of the EPA’s clean-air standards

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S122 CONGRESSIONAL RECORD — SENATE January 9, 2003 on the grounds that it was unconstitu- say, if you add it all up, this is a well- cause, No. 1, you are so rude. I said, No. tional for Congress to delegate legisla- heeled, very liberal organization that 2, you are so stupid. Of course, even at tive authority to the executive branch. is as partisan, combative, obnoxious in that point, even those who were there C. Boyden Gray, a former White House many ways, and false in its arguments to oppose me and to rattle their parch- Counsel for the first President Bush and accusations as any organization I ment so I couldn’t be heard started to and a member of the Federalist Soci- have seen in this country. cheer and applaud. I was able to end ety’s Board of Visitors, filed an amicus In almost every case where there has my remarks, which I felt were remark- brief making the winning argument. been any type of conservative of stat- ably good for anybody in the field of However, this is not the smoking gun ure nominated to the courts, they have law, whether they were from the left or case that opponents of the Federalist come in and completely done their best the right or the center. I think in the Society would have us believe it to be to deliver body blows to that nominee. end they were good for everybody to prove that it is part of the vast right It all seems to come down to basically there. wing conservative conspiracy. First, one issue, and that is, if they suspect That is what is going on in the de- the case was overturned on appeal by that a nominee is pro-life, then that is bate on judges today. We have some of the Supreme Court, in a decision writ- just an absolute no-no to them. It isn’t these well-heeled left-wing groups that ten by Justice Antonin Scalia, a fre- just that. They have taken other nomi- don’t care what the facts are and dis- quent participant in Federalist Society nees nominated by this President and tort anybody’s life by coming in and activities who was the faculty advisor others in the past, have taken their utilizing their economic swat because to the organization when he taught at records and, in my opinion, have dis- they have all kinds of left-wing money the University of Chicago. torted in many ways their record. I behind them to malign and to slander Second, the Washington Monthly don’t think People for the American and sometimes libel very good nomi- piece also attacked Boyden Gray as a Way should be in a position to criticize nees. water carrier for the Federalist Society the Federalist Society which primarily I know a number of people in People for advancing Microsoft’s effort conducts the best symposia in law in from the American Way, and I have re- against antitrust enforcement. America today. That is a fact. spect for some of them, but I have to Of course, Mr. Gray serves on the So- I will never forget; I was invited to tell you I hope they will elevate their ciety’s Board of Visitors with Robert the University of Chicago by the Fed- discourse so that we will have true de- Bork, who has been Microsoft’s chief eralist Society members—150 members bates and not distortions and slander intellectual adversary. They are on op- at that time—to speak at the law and libel and complete ignorance of posite sides. school at the behest of the Federalist what people stand for and what their There is not quite the vast right wing Society. I figured there would be 100 or records are. conspiracy hobgoblin some of the spe- 150 people there. They had this one hall I think we are getting down to where cial interest groups in this town would rented. They had to take me in the we are getting very close in this coun- have the American people and mem- back way because of the protesters out try to where single litmus tests are bers of this body believe in. Indeed, I front. Although I was willing to go going to determine whether we can urge my colleagues to be extra careful through the protesters, they were have judges. And we are getting to the when and look at the record before afraid some of them were violent. We point where the great jurists of the fu- they attack this fine organization or went inside the hall, and they were ab- ture might not arise because we might its members. solutely jampacked, people hanging have to go to the lowest common de- A close examination of the Federalist from the rafters. Almost all of those nominator. Society reveals not a tight-knit organi- who disagreed with the Federalist Soci- Having said all of that, I look for- zation that demands ideological unity, ety principles—in other words, prin- ward to working with every group in but an association of lawyers, much ciples that were not the left-wing prin- this coming year. Hopefully, we can get like the early bar associations that ciples—had a heavy piece of parchment a greater sense of discourse and a first appeared in this country in the paper. As I went to speak, they would greater sense of responsibility, and late 19th century, made up of individ- stand up and rattle that paper. And that when we raise objections we hope uals from across the political spectrum that sound was deafening. You could they will be legitimate and honorable who are committed to the principles of not be heard. I have to say that what objections rather than objections freedom and the rule of law according was going to be about a 20-minute geared to trying to smear somebody be- to the Constitution. speech turned out to be 145 minutes, or cause of their disagreement. I think it As a co-chairman myself, I am not 2 hours by the time I could complete it. is time we elevate the discourse around surprised that the President has sought I have to say I enjoyed the experi- judges in this country, and I hope this out its members to appoint for position ence. But it was disconcerting that year we can prove we can do that. But, on the bench and in the government. I people at a major university—these in any event, my hopes have not been applaud his foresight and wisdom. I am were not people from the law school, in fulfilled today. proud that its members are solid con- my opinion. And I am not sure they I ask unanimous consent to have stitutionalists, whether they are lib- were even students at the university, printed in the RECORD 60 diverse par- eral or conservative, Democrat or Re- many of them—would try to stop dis- ticipants who have participated in Fed- publican. course from a U.S. Senator or anybody eralist Society events at this point. Mr. President, contrast that with else, for that matter, who came there There being no objection, the mate- People for the American Way, which in good faith to deliver points of view rial was ordered to be printed in the has waged every obnoxious rotten fight that certainly I felt were worthy of RECORD, as follows: against President Bush’s nominations consideration in this field of law. 60 DIVERSE PARTICIPANTS IN FEDERALIST I have to say there was one young that has been waged in the last year. SOCIETY EVENTS This is a very well-heeled organization. lady three or four rows down who kept SUPREME COURT JUSTICES It is totally ideological. If you disagree yelling epitaphs at me throughout my remarks. I tried to humor her, and I 1. Justice Stephen Breyer with their far left liberal viewpoints, 2. Justice Ruth Bader Ginsburg then they vilify you and try to impugn tried to go along and be reasonably 3. Justice Anthony Kennedy your motives. That is not what I call thoughtful and kind to her. But, fi- 4. Justice Antonin Scalia fairness in the debates that we should nally, I could tell she was getting on 5. Justice Clarence Thomas have around this body. Yet it is amaz- the nerves of almost everybody because CABINET MEMBERS ing to me how some in this body seem she was really out of line and loud. I 6. Griffin Bell to be absolutely in tune, or should I kind of enjoyed the confrontation to a 7. Abner Mikva say marching to the drumbeat of Peo- degree. But it was getting old. Finally, 8. Bernard Nussbaum ple for the American Way. after about an hour and 15 minutes, I 9. Zbigniew Brezinski I started off by mentioning criticisms looked at her, and, I said, I finally fig- 10. Alan Keyes by the People for the American Way of ured it out. You could not possibly be ELECTED the Federalist Society, and I have to a member of this great law school, be- 11. Barney Frank

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S123 12. Michael Dukakis So, I rise today to describe yet an- unchecked access to guns is critical in 13. George Pataki other terrible crime that occurred Jan- preventing police deaths and gun vio- 14. Eugene McCarthy 15. Charles Robb uary 1, 2003 in Miami, FL. After leaving lence. That is why it is supported by 16. Jim Wright a New Year’s Eve party in South major law enforcement organizations 17. Mayor Willie Brown Beach, a gay man was shot by two including the International Associa- JUDGES attackers. Earnest Robinson, 23, was tion of Chiefs of Police, the National 18. Robert Bork walking home when he was approached Troopers Coalition, the International 19. Guido Calabrasi by two men, one of whom tried to pick Brotherhood of Police Officers, the Po- 20. Richard Posner 21. Alex Kozinski him up. lice Executive Research Forum, the 22. Pat Wald Upon realizing that Robinson was not Major Cities Chiefs, the National Asso- 23. Stephen Williams a woman, one of the men shot him and ciation of School Resource Officers, the LAW SCHOOL DEANS left him on the street. Police say one of National Black Police Association, the 24. Robert Clark—Harvard the assailants shouted anti-gay slurs National Organization of Black Law 25. Anthony Kronman—Yale before shooting the victim. Robinson Enforcement Executives, and the His- 26. Paul Brest—Stanford was treated at a local hospital and is in panic American Police Command Offi- 27. John Sexton—NYU 28. Geoffrey Stone—Chicago good condition. cers Association. I believe that government’s first duty LAW SCHOOL PROFESSORS We must stand by our Nation’s law is to defend its citizens, to defend them 29. Alan Dershowitz—Harvard enforcement community and take this 30. Laurence Tribe—Harvard against the harms that come out of commonsense step to reduce gun vio- 31. Cass Sunstein—Chicago hate. Hate crimes legislation like the lence. I urge all of my colleagues to Mr. HATCH. Mr. President, I yield Local Law Enforcement Enhancement join me in supporting this legislation the floor. Act is now a symbol that can become when it is reintroduced during this f substance. I believe that by passing Congress. this legislation and changing current LOCAL LAW ENFORCEMENT ACT law, we can change hearts and minds as OF 2001 f well. Mr. SMITH. Mr. President, in my f first act after taking the oath of office LOCAL LAW ENFORCEMENT ACT POLICE OFFICERS ARE BEING for my second term, I rise today to OF 2001 KILLED speak about the need for hate crimes Mr. SMITH. Mr. President, I rise legislation. In the last Congress Sen- Mr. LEVIN. Mr. President, late last today to speak about the need for hate ator KENNEDY and I introduced the year, the Federal Bureau of Investiga- crimes legislation. In the last congress, Local Law Enforcement Act, a bill that tion released its annual report on Law Senator KENNEDY and I introduced the would add new categories to current Enforcement Officers Killed and As- Local Law Enforcement Act, a bill that hate crimes legislation, sending a sig- saulted in 2001. According to the re- would add new categories to current nal that violence of any kind is unac- port, there were 136 law enforcement hate crimes law, sending a signal that ceptable in our society. officers killed in 30 States. The tragic violence of any kind is unacceptable in Each day we are in session I have events of September 11, 2001, claimed our society. the lives of 72 officers. Excluding these taken the opportunity to make sure I would like to describe a terrible 72 lives, the number of officers killed in another example of a hate crime is pub- crime that occurred on November 3, 2001 increased over 37 percent, from 51 lished in the RECORD in an effort to 2002, in Atlanta, GA. Gregory Love, a officer fatalities in 2000 to 70 in 2001. A sway my colleagues about the need for junior at Morehouse College, was beat- closer examination of data shows that expanding current hate crimes law to en with a baseball bat in a college firearms were used in 61 of the officer include sexual orientation, gender and shower. He was treated at a local hos- murders, and of those, handguns were disability and to expand the definition pital where doctors removed a blood responsible for 46. The handgun of of what is a hate crime. clot from the lining of his brain. The Hate crimes legislation will benefit choice was the 9 millimeter. In my assailant, Aaron Price, a sophomore, our Nation as a whole, our country is a home State of Michigan, Clinton Town- admitted to the beating and will be diverse one, made up of Muslims, Chris- ship, the city of Detroit, and the Fed- charged with a hate crime based on his tians, and countless other religious eral Protective Service in Detroit each perception of the victim’s sexual ori- faiths. Our society finds great strength lost an officer in 2001. One of these offi- entation. in its Black and Hispanic communities cers worked in the building in which as well as its gay and Jewish commu- my Detroit office is located. I believe that government’s first duty nities. Groups such as these represent In 1994, the Brady law established the is to defend its citizens, to defend them not divisions but diversity, and that National Instant Criminal Background against the harms that come out of distinction has built a great Nation. Check System, NICS. The creation of hate. The Local Law Enforcement En- However, hate crimes touch all our this check system allows federally li- hancement Act is a symbol that can communities and tear the very fabric censed gun sellers to quickly deter- become substance. I believe that by that binds our Nation together. mine whether an individual is eligible passing this legislation and changing Passage of a hate crimes bill will as- to purchase a firearm. Since its incep- current law, we can change hearts and sure all Americans that the violence tion, NICS checks have prevented more minds as well. done by a hate crime will not go than 156,000 felons, fugitives, and oth- unpunished. It will ensure that the vio- ers not eligible from purchasing a fire- f lence done to an American because of arm without infringing upon any law- the color of his or her skin will not go abiding individual’s ability to buy a ADDITIONAL STATEMENTS unpunished and will make it easier to firearm. However, a loophole in the law punish on the Federal level. It will en- allows unlicensed private gun sellers to sure Muslim Americans that they will sell guns without conducting a NICS MOUNT UNION FOOTBALL TEAM not be harassed because of their faith background check. and make it easier to punish on a Fed- During the last Congress, Senator ∑ Mr. DEWINE. Mr. President, I rise eral level. It will ensure that sexual REED introduced the Gun Show Back- today to congratulate the Mount Union orientation and identity are not rea- ground Check Act. I cosponsored that Purple Raiders football team, from Al- sons for a violent crime that goes bill because I believe it is a critical liance, OH, on a number of outstanding unpunished. tool in preventing guns from getting achievements. The Purple Raiders re- As we move through these early into the hands of criminals and other cently won the Division III National weeks of the 108th Congress, I call on ineligible buyers. This bill would sim- Championship for the sixth time in 7 all my colleagues to consider hate ply apply existing law governing back- years. Maintaining a perfect record of crime legislation as a way to move for- ground checks to individuals buying 14 victories this season, Mount Union’s ward on civil rights issues that are so firearms at gun shows. As reflected in team is 109 and 1 in the last 11 regular important in our democratic society. the FBI report, preventing easy and seasons, and since 1990 the Raiders

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S124 CONGRESSIONAL RECORD — SENATE January 9, 2003 have won an incredible 162 out of 170 Pugh, Ryan Witkoski, Mike Abramo, Jeff fornia Fair Political Practices Com- games. Berdysz, Chase Ross, Mike Gibbons, Rick mission, and a member of California’s I congratulate these fine young ath- Ciccone, Brian Weiser, Tony Buckler, Nick bipartisan State committees on inter- letes on yet another championship sea- Ciani, Michael Deitrick, Jonathan Bailey, net political practices and the Political Jason McElhaney, Kalvine Mcgee, Keith son and would like to recognize Raid- Spivey, Kelechi Ibeh, and Josh Wells; Reform Act. ers’ coach Larry Kehres for his dedica- Antoine Beale, Chris Carter, Kyle Pelfrey, Above all, Joe Remcho was a warm tion and commitment to the school and Luke Garland, Vince Ilacqua, Joe Culler, and wonderful human being a devoted the team. He has just been named the Mark Brace, Brian Wise, Shaun Spisak, family man, a loving husband and fa- AFCA Division III National Coach of Monty Harris, Stan Watson, Byron Jackson, ther, and a friend to those who were the Year, making him the first coach Brian Miller, Brett Linzey, Justin Meiser, fortunate enough to know him. to win seven National Coach of the James Wetzel, Peter Gasparro, George I last saw Joe just 2 days before he Year Awards. This is an unprecedented Wilders, Brent Fox, Scott Kyser, Thomas died. Our families were together, and Cesarz, Dusty Sanna, Jim Nelson, Derek his strength and warmth were ever accomplishment, and I congratulate Buell, Bruce Novestine, Bryan Myers, Josh Coach Kehres and wish him and the present. Lahmers, Josh Huffman, John Gliha, Mike Whether he was spending a quiet va- Purple Raiders all the best for next Restivo, Dave Knestaut, Josh Hoskins, Ron season and many more after that. DeJulio, Thomas Manning, Grant Savelli, cation with family and friends or fight- While their execution of the split- Mike Reeder, and John Brutvan; ing in court to defend the Constitution, back offense is flawless, it is Mount Daniel Blume, Bob Bradley, Eric Cook, Jeff Joe Remcho lived his life to the fullest. Union’s academic performance that is Goodwill, Ryan Knapp, Vance Vukelic, Don His death leaves a tremendous void in truly remarkable. The football team Penny, Adam Holmes, Eric Spurlock, Robert the lives of all those who knew him, VanDyke, Frederick Blackman, Dusty Wil- has graduated a near-perfect percent- but his memory fills that space with son, Jesse Wells, Rick Prescott, Eric Ardo, love and admiration.∑ age of players in the last 17 seasons. I Pat Yappel, Mark Pauli, Dominic Danesi, applaud the Purple Raider players who Levi Motts, Justin Coston, Frank Palcko, f exceed all expectations on the gridiron, George Momirovic, Drew DeHart, Brian Bou- THE SILVER ROSE as well as in the classroom. cher, Brian Leckonby, Jonathan Harvey, ∑ Mr. NELSON of Nebraska. Mr. Presi- For the local residents of Alliance Maurice Gibson, Larry Kinnard, Michael Gill, Josh Johnson, Matthew Byrne, Brent dent, I am here today to thank Gary and the students of Mount Union, there Chenett, Diane Rey, and John is so much to be proud of when it Miller, Derek McIntosh, Adam Slopek, An- drew Blake, Doug Miller, Joe Bugara, and Schniedermeier. They are responsible comes to the Purple Raiders. As the Marcello DeAngelis; and for awarding the Silver Rose to our fans crowd into the oldest college foot- John Healy, Trevor Smith, Randell Knapp, veterans in Nebraska. The Order of the ball stadium in Ohio every fall, they Tom Sanor, Geoff Dartt, Aarik Gault, James Silver Rose was established in 1997 by are not only cheering for the heroes of Cunningham, Michael Myers, Joel Mary Elizabeth Marchand. Her father, the Purple Raiders, but also for future Sickmeier, Corey Brunson, Drew Hanley, Chief Hospital Corpsman Frank Davis, heroes, future leaders who will have Greg Braur, Keith Brown, Travis Johnson, Caleb Chappelear, Mike Maluk, Matt Camp- died from illnesses resulting from the learned the valuable lessons that come use of Agent Orange in the Vietnam with a solid education and a demanding bell, Kristopher Takach, Josh Ludwig, Jake Guthrie, Antoine Dillard, Matthew Bogo, war. He was a combat veteran; how- athletic routine. These experiences will Victor Preisel, Dan Phillips, Edward Dick, ever, he was not wounded in combat, aid them in making a positive impact Karl Jackson, Buddy Wolf, Brandon Harr, but was exposed to a dangerous sub- many years from now. Rob Conroy, Johnny Josef, Scott Campbell, stance while fighting for his country Again, I congratulate head coach Jeff Knoblauch, Chad Teague, Sam Vucelich, that took his life many years later. Larry Kehres and his Purple Raiders on Ryan Westerburg, Donte Rhode, and Brian The Department of Defense has de- another perfect championship season. Proud.∑ termined that Chief Davis and many They are a shining example of true stu- f like him do not qualify for the Purple dent-athletes. IN MEMORIAM: JOE REMCHO Heart. It is the mission of the Order of I ask that the names of the Mount ∑ The Silver Rose organization to recog- Union College Purple Raiders football Mrs. BOXER. Mr. President, I rise in nize the courage, heroism, and con- team coaching staff and players be list- tribute to the late Joe Remcho, who tributions of American service per- ed at the conclusion of my remarks. died in a helicopter crash in California sonnel found to have been exposed to The list follows. last Saturday. Joe was a great Amer- Agent Orange in a combat zone. I am ican an accomplished attorney, a PURPLE RAIDERS COACHING STAFF sure that as time passes, they will ex- strong advocate for civil liberties, a Larry Kehres, Don Montgomery, Jeff pand their focus to members who have Wojtowicz, Joe Leigh, Marty Cvelbar, Vince leading legal scholar, and a trusted ad- died from other conflicts. Kehres, E.J. Henderson, Rudy Sharkey, Paul visor to many public officials. The Order of the Silver Rose gives Gulling, Gene Paina, Joel Cockley, and Joe’s curriculum vitae is varied and many veterans the satisfaction that Clyde Ross. impressive. After graduating from Yale they are being recognized for giving STUDENT ASSISTANT COACHES University and Harvard Law School, he their Nation the ultimate sacrifice. Jason Candle, Jason Gerber, Nick Lesniak, taught second grade for a year at an There are thousands of veterans who and Kacy Carter. inner-city public school. In the early served this country faithfully and now PLAYERS 1970s, with the Vietnam war at its find themselves in poor health, some Jamoni Robinson, Randy Mason, Josh height, the young attorney went to fatal health, directly due to being ex- Reger, Aaron Bubonics, Rourke Skelton, Saigon to serve on the Lawyers Mili- posed to harmful substances during Ryan Rimedio, Jason Cavell, Jay Francis, tary Defense Committee. After return- war. Josh Liddell, Steve Watson, Derrick Leach, ing to the United States, he moved to Gary Chenett, Diane Rey, and John Michael Hinger, Rob Adamson, Zac Bruney, California to become the staff attorney Schniedermeier have awarded 11 Ne- Joe Montgomery, Wade Kirk, Jesse Clum, for the American Civil Liberties Union braskans with the Silver Rose, I would Brandon Fishbach, Ryan Modica, Andrew of Northern California. Four years Winkler, Jesse Burghardt, Ken Whitfield, like to honor them today, they are: Mike Miller, Matt Cole, Grant Relic, Marty later, he established a successful pri- Raymond D. Todorovich of Omaha, Mazanec, Tom Underdahl, Mike Adamson, vate practice specializing in first Edgar Fleharty of Fremont, Randy E. Matt Caponi, Michael Kernik, Chris Kern, amendment, education, and election Holke of Fremont, John Russell Logan, Matt Sotcan, Sean Keegan, law. His clients included California’s Schniedermeier of Omaha, Ronald R. Jamie Allman, Robert McDavid, and Ross Governor and the State assembly. In Charles of Omaha, Terry H. Greenwell Watson; 1988, he was honored by his colleagues of Omaha, David C. Smith of Firth, Jo- Cody Bertone, Vince Suber, Jared Gulling, as California’s Trial Lawyer of the seph E. Stillwell of Omaha, Roy R. Dustin Blake, Michael Marcellino, Justen Year. Stickley, Scott Casto, Nick Sirianni, Emery Rogers of Fremont, Albert W. Kowalski Holmes, Justin Burton, Todd Frank, E.J. Despite his very full docket, Joe of Omaha, and Gilbert J. Styskal, Jr. Lilly, Jonathan Falatic, Anthony Frate, found time to serve as an adjunct proof Omaha. Aaron Robinson, Jeff Strauch, Jordan Beach, fessor of law at the University of San On behalf of Nebraska, I thank these Mike Sabo, Josh Church, Brett Jordan, Dan Francisco, a commissioner on the Cali- brave patriots for their sacrifices.∑

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S125 LEON WEINER, IN MEMORIUM IN MEMORIAM: MARYJANE ate gave her a Certificate of Recogni- ∑ Mr. CARPER. Mr. President, I would DUNSTAN tion for distinguished service in edu- like to set aside a moment to reflect on ∑ Mrs. BOXER. Mr. President, I rise to cation. Thanks in large part to the life of Mr. Leon N. Weiner upon his remember and pay tribute to a most Maryjane’s work on behalf of low cost passing. Leon was a good friend and a beloved and accomplished constituent, and senior housing, the Larkspur City man who made remarkable contribu- Maryjane Dunstan, who died on Decem- Council approved a 24-unit workforce tions toward affordable housing for ber 20, 2002. housing project in December 2002. The thousands of families in Delaware and Although most of us knew her as a developer, the Ecumenical Association many more beyond our state’s borders. California resident for over 50 years, for Housing will dedicate the building He was a man with a kind heart, di- Maryjane was born in Bethlehem, PA, to her in honor of her work for afford- verse interests, great abilities, and on January 12, 1925, and went on to able housing. boundless energy. serve in the Waves during WWII. Her Maryjane Dunstan leaves a legacy of Leon was born in Philadelphia, PA. pursuit of education brought her to hope and optimism for any community After graduating from Overbrook High San Francisco where she earned both a that is willing to work collaboratively School, he attended the University of BA and an MA at San Francisco State to enhance the quality of life and cre- Pennsylvania for 3 years before leaving University. For her excellence as a ate viable, peaceful solutions to all to take up a job as an apprentice ma- teacher, she was awarded a Fulbright kinds of challenges. Maryjane will be greatly missed.∑ chinist at Westinghouse Electric Corp. scholarship to Burma where for 4 years in Essington, PA. she taught teachers on methods of f teaching English, until the political After serving his country in the HONORING ROBERT HOLSTEIN climate in Burma forced her departure Army Air Corps during World War II, ∑ Mrs. BOXER. Mr. President, I rise Leon came to Delaware and joined his in 1962. Upon her return, she embarked on a today to honor the late Bob Holstein, uncle in building Leedom Estates near 20 year career at the College of Marin an attorney in Riverside, CA. He is sur- New Castle. This was one of the first in Kentfield, CA, including 12 years as vived by his wife, Loretta, and five suburban housing projects in New Cas- the founder and chairwoman of the children. I know they will all miss him tle County and the first of more than Communications Department where very much. 5,000 houses that Leon built across New she developed one of the most innova- A former priest, Bob Holstein cared Castle County during his 54-year ca- tive classes anyone had ever seen: The passionately about people. He did not reer. At the age of 53, he turned his at- Future. Her coauthored textbooks, just speak about peace and social jus- tention to the challenge of building ‘‘Worlds In The Making’’ and ‘‘Star tice, but worked for it every day of his housing for low- and moderate-income Sight,’’ were designed to help students life. He and Loretta regularly provided families and seniors. project themselves into a possible and both the inspiration and the financial A very colorful character, Leon desirable future, and to motivate them means to make projects come to fru- spoke with a booming voice and always to create a human and humane future ition. Riverside’s landscape and the wore suspenders, something that be- for all. lives of countless Californians were came his trademark. To the end of his Those of us who didn’t know her changed by their generosity. days his office was filled with honorary through the college, crossed her path Bob Holstein counted my late friend gavels, keys to cities, and pictures of as the owner of the Artists Proof Book- and colleague, Congressman George him with leading Democratic figures. store in Larkspur, Marin County, or Brown, among his good friends, along In 1979 he was inducted to the National through the Literary Luncheons which with many other government officials. Housing Hall of Fame and subsequently brought accomplished writers to the He was also the friend of the Univer- was given the National Housing Man of community to share their talent. sity of California, Riverside, where he the Year Award. His appointment to In truth, Maryjane’s greatest joy and Loretta endowed a chair in reli- the Kaiser Commission on Urban Hous- came as she continually provided a rich gious studies. It was also under his ing led to the landmark Housing Act of milieu for people interested in the careful guidance that the campus built 1968. large and small issues facing the com- St. Andrew’s Newman Center. Leon leaves behind his wife of 53 munity, intent on her belief that each Upon hearing of his friend’s death, years, Helen; as well as a stepdaughter; of us is responsible for improving the Bishop Gerald Barnes of the Diocese of three grandchildren; and two great- quality of life around us. She never San Bernardino said: ‘‘In a world long grandchildren. He also leaves behind tired of working to help community on style, Bob Holstein was long on sub- many friends, colleagues and several groups analyze and explore problems stance. He was genuine. Bob lived what thousand families who are living more and to inspire individuals to seek solu- he believed. And what he believed was productive, satisfying lives today be- tions. She understood how to create justice and fairness for all peoples. Par- cause Leon was committed to building positive change by fostering thought- ticularly the poor and disenfran- affordable housing. ful, informed action. chised.’’ Leon’s lifelong dream was that low- She was always gracious, willingly I ask my colleagues to join me today income seniors and families would have taking on the small tasks as well as in honoring Bob Holstein, who dedi- the opportunity to afford their own the immense, seemingly impossible cated his life to the betterment of his homes, in the communities they called projects, always an inspiring role fellow men and women. He will be sore- home. He lived to see that dream large- model with her passionate interest in ly missed by his friends, colleagues, ly fulfilled. the politics, economy and welfare of and by the countless people who live Leon’s legacy will live on in the lives her community. better lives because of his actions.∑ of those he helped shape, in the rooms For all of this, she has been recog- f of affordable low-income housing he nized by her town, her county, and her helped build, and in the hearts of those State. In 1989, she received the Lark- WIND CAVE NATIONAL PARK who were lucky enough to call him spur Citizen of the Year Award from CENTENNIAL their friend. I rise today to commemo- the Larkspur Chamber of Commerce. In ∑ Mr. DASCHLE. Mr. President, I rise rate Leon’s life, to celebrate his life, April of 1999 the Marin County Com- today to recognize a milestone in and to offer his family our support and mission on Women bestowed upon her South Dakota and the United States, our thanks for sharing with the rest of the Women of Wisdom, Passion and Vi- the centennial of Wind Cave National us a truly remarkable human being. sion Award. The Marin County Board Park. Although a resident of nearby Pennsyl- of Supervisors proclaimed June 13, 1999, For years, American Indians in the vania, Leon embodied the best of Dela- Maryjane Dunstan Day. Also, in 1999 Black Hills had told stories about holes ware where his firm, Leon Weiner and the California State Legislature gave that blow wind. In 1881, while exploring Associates, was headquartered. He will her a Certificate of Recognition for her in southwestern South Dakota, Jesse be sorely missed. I know he can never contributions to improve the lives of and Tom Bingham came upon one of be replaced.∑ women. And the California State Sen- those holes, Wind Cave. A man named

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S126 CONGRESSIONAL RECORD — SENATE January 9, 2003 Charlie Crary was the first person to House before Congress adjourned for ment’s planning arm when he retired in enter the cave, and 6 years later it was the year. I intend to reintroduce this 1992 after 30 years of service. After re- reported to be 3 miles long. An early legislative soon, and hope that my col- tirement, Jim Sears graduated from In- landowner was once heard saying he leagues will again support its passage diana University-Purdue University of had ‘‘given up finding the end of Wind so we can permanently protect these Indianapolis and worked for the Indi- Cave.’’ extraordinary lands for future genera- ana Bureau of Motor Vehicles. For nearly 20 years, the cave was tions of Americans to enjoy. Trooper Jim Sears opened doors for held in private ownership through min- I congratulate the National Park those who followed. He was a true leading and homestead claims. In the late Service and the staff of Wind Cave Na- er and humanitarian whom the city of 1890s, the Department of the Interior tional Park on the centennial of the Indianapolis and the State of Indiana took jurisdiction over the area after it park’s founding, and wish them all the will miss tremendously. ruled that no legitimate mining devel- best for the next 100 years.∑ We owe a debt of gratitude to the late Jim Sears for his lifelong service opment was occurring and that home- f steaders were not acting in good faith to Indiana and our Nation.∑ to occupy the land. On January 9, 1903, HONORING JIM SEARS OF f INDIANAPOLIS, IN President Teddy Roosevelt, one of our IN RECOGNITION OF THE 70TH ∑ Mr. BAYH. Mr. President, I rise Nation’s most revered conservation- WEDDING ANNIVERSARY OF MIL- today to honor Jim Sears, a fellow ists, signed legislation creating Wind LARD AND HATTYE MAE BIDDLE Cave National Park, the seventh na- Hoosier, an Indiana State Police offi- ∑ tional park in the country and the first cer, a family man and a friend, who Mr. CARPER. Mr. President, I rise ever in the world to protect a cave. passed away on December 31, 2002. today in recognition of the 70th wed- Later, Wind Cave officials were put in As those who knew Trooper Sears ding anniversary of my dear friends charge of managing new parks in the would attest, his strong commitment Millard and Hattye Mae Biddle. Our Black Hills area, including Devils to the city of Indianapolis was re- friendship has spanned some three dec- Tower National Monument and Mount flected in his distinguished career. In ades. I want to congratulate them on Rushmore National Memorial, until 1962, he became the first African Amer- behalf of all Delawareans wish them those parks established their own man- ican to wear an Indiana State Police both the very best in all that lies agement programs. uniform. He opened doors for other Af- ahead. For 100 years, Wind Cave National rican Americans who aspired to become As they celebrate this milestone in their lives, they will surely reflect on Park has been one of the jewels of the State Police officers and to break the many changes, successes, and ac- National Park System. Today, the cave through barriers of all kinds. Marion complishments they have experienced is one of the world’s longest and most County’s first African American Sher- together over the last 70 years. Theirs complex cave systems, with more than iff, Frank Anderson was a classmate of is a journey of which they can be 103 miles of mapped tunnels, with more Sears’ at Short Ridge High School in proud. passageways still being discovered. In- 1956 and was with him on the day they The Biddles have lived in the Dover deed, we may never find the cave’s end. both went downtown to apply for the community for many years. For a num- Cavers and tourists from around the force. State Police Superintendent ber of those years, they owned a bed world are attracted by the cave’s Melvin Carraway referred to Sears as and breakfast in Wyoming, DE. At the unique boxwork, a honeycomb-shaped ‘‘our mentor.’’ start of my career, I worked in Kent formation that covers the cave’s ceil- Jim Sears’ life was an example of County and lived in New Castle County ings and walls. And while that park’s kindness, gentleness and perseverance in the northern part of out State. Their namesake is its focal point, the land in the face of constant prejudice. His trademark hospitality was in full above the cave is equally impressive, guiding principle was to protect the swing. I stayed so often as their guest, with 28,000 acres of rolling meadows, dignity of the public, especially those they finally gave me my own bedroom majestic forests, creeks, and streams. whom he was forced to deal with for and a key to the House! They have al- As one of the few remaining mixed- legal infractions. He once shared that ways made me feel like a member of grass prairie ecosystems in the coun- if he caught someone speeding, he their family, and their home became, try, the park is home to abundant wild- would ask the person to step out of the in many ways, mine as well. life, such as bison, deer, elk and birds, car if children were present in an at- Both Millard and Hattye Mae have and is a National Game Preserve. tempt to protect the children from wit- lived their lives in the service of oth- As many of my colleagues may know, nessing their parent in an embar- ers. Long before it was popular, Hattye last year, I introduced the Wind Cave rassing situation. Mae recognized the tremendous need National Park Boundary Revision Act. Trooper Sears sought to keep others for early childhood education for kin- This legislation would enhance Wind from humiliation, although often he dergartners and preschool children in Cave National Park’s value to the pub- was the recipient of cold, disparaging Kent County. She started a successful lic and help visitors enjoy it even more treatment from fellow troopers and the preschool called the Little School. by expanding the park in it’s southern public because of the color of his skin. Both the school and its students—hun- ‘‘keyhole’’ region. This land currently Not easily discouraged Trooper Sears dreds of them—have grown up, stronger is owned by a ranching family that remained a perfectionist and a stickler under her watchful eye. wants to see it preserved for future for regulations, allowing others to ben- Hattye Mae volunteers at the Old generations. The land is a natural ex- efit from his shining example. In 1976, State House in Dover, giving tours to tension of the park, with mixed-grass Trooper Sears and a group of other the many visitors. She has served as a prairie and ponderosa pine forests set Black troopers settled a racial dis- member of the board of directors and is off by a dramatic river canyon. The crimination lawsuit with the State Po- now an honorary member of the Board area also boasts archaeological sites, lice, which subsequently agreed to re- of Directors of Kent/Sussex Industries, such as a buffalo jump over which early cruit and promote minorities. ‘‘Despite a nonprofit organization that provides Native Americans once drove the bison the bad things that happened, I’d do it work opportunities for Delawareans they hunted. The addition of this land all over again,’’ Trooper Sears said each year. And no July in Harrington would enhance recreation for hikers after the settlement. ‘‘Because some- is complete without seeing her sweet who come for the solitude of the park’s one had to straighten out this mess of smile at the annual Delaware State backcountry. people not being hired strictly on Fair. Wind Cave National Park is a na- color. I helped open the door.’’ Millard started his career delivering tional treasure, and I can think of no After 15 years as a trooper, Jim Sears milk for the Frear Milk Company. better way to help the park enter its was transferred to the job he called After serving in World War II, Millard next century than by approving this ‘‘the highlight of his career,’’ serving opened a grocery store. He returned to expansion. The Senate approved the ex- on the security detail for Gov. Otis public service as a Kent County asses- pansion last November, but unfortu- Bowen from 1977 to 1980. After that de- sor shortly thereafter, from which he nately, it was not considered by the tail, Sears was head of the depart- happily retired.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S127 Millard served as a member of the cipal coauthor of the bipartisan con- won’t help, the more than 1 million un- Dover Housing Authority and served gressional redistricting plans which de- employed workers who have already two terms on the Dover City Council. termined congressional district bound- exhausted their State and Federal un- He is, in fact, the oldest living former aries for the 1980s and 1990s. In 1991, he employment benefits. On Tuesday, Sen- council member. Millard has enjoyed served as the secretary for to the Ohio ator REED asked that the Senate not many hours giving tours at the E.R. Apportionment Board, where he helped adjourn until it address the issue of un- Johnson Victrola Museum in Dover, craft the districting plan for the Ohio employment insurance benefits for reading about the talking machines, General Assembly in the last decade. workers who have already exhausted records and other relics of the Victor In addition to creating the redis- their benefits. Unfortunately, I was not Talking Machine Company of Eldridge tricting plans that have been in effect present for Tuesday’s vote because I R. Johnson Manufacturing Machinists. for 20 years, Mr. Tilling has been a key was detained at a doctor’s appoint- A wiz at clock making, Millard enjoys advisor in major policy debates in the ment, but had I been present I would using old Victrola records and trans- Ohio Legislature, he has recruited can- have voted in favor of continuing the forming them into clocks. They are, by didates to run for the U.S. Congress debate until we addressed the needs of all accounts, incredibly impressive. and he has the regard of legislators and the long-term unemployed. Today, I rise to congratulate Millard policymakers on both sides of the aisle. Over 2 million people’s benefits have and Hattye Mae on their 70th wedding I worked with him and appreciated expired since the passage of the Tem- anniversary. In a day and age where his contributions when I was Governor porary Extended Unemployment Com- many marriages do not last 70 months of Ohio during the 1990s. For the past 7 pensation Program in March 2001. Of or even 70 weeks, the strength and du- years Mr. Tilling has served as chief of those 2 million, 1 million are still rability of their union serves as a staff and chief policy advisor to Ohio working hard to find jobs. There are 1.5 source of inspiration to us all. In addi- Attorney General Betty D. Mont- million fewer jobs today than there tion, each of them has demonstrated gomery. I recruited Betty Montgomery were in March 2001 and the economy re- great devotion to their family, three to run for attorney general and I know mains weak. I have heard from so children, nine grandchildren and nine how valuable Mr. Tilling has been to many of my constituents about how great-grandchildren, and to their com- her over the years. difficult it is to find jobs in this eco- munity in too many ways to number. I James R. Tilling has over three dec- nomic climate. Twenty percent of know that their years together hold ades of dedicated and distinguished America’s unemployed have been with- many beautiful memories. It is my public service to the people of Ohio and out work for more than 26 weeks, and hope that those ahead will be filled our Nation. I commend his intellect the percentage is still growing. We with continued joy and contentment. and his passion for public service which must not leave the long-term unem- They give true meaning to the words of have inspired colleagues and students ployed and their families with no the poet who wrote, ‘‘Grow old along alike. His contributions are longlasting where to turn. with me, the best is yet to be.’’∑ and should be emulated for years to We have taken an important first ∑ f come. step to help unemployed workers. But f we have not done nearly enough. And I TRIBUTE TO JAMES R. TILLING will continue to urge my colleagues to EXTENSION OF UNEMPLOYMENT ∑ Mr. VOINOVICH. Mr. President, I take action to help the long-term un- rise today to recognize and pay tribute ∑ Mr. KERRY. Mr. President, the employed.∑ American people are facing difficult to James R. Tilling, who is retiring f after 33 years of service to the State of economic times. The unemployment Ohio. rate is at a 9-year high, and a growing BOB POTTER Mr. Tilling came to Ohio in Sep- number of both skilled and unskilled ∑ Mr. CRAIG. Mr. President, I rise to tember, 1969 to begin a career as a po- American workers are left without jobs day to congratulate Bob Potter, presi- litical science professor at my alma and without a way to provide for them- dent of Jobs Plus in Coeur d’Alene, ID, mater, Ohio University in Athens. He selves and their families. on his retirement and a job well done. spent 6 years at Ohio University where I am so pleased that we finally passed Idaho found Bob Potter after he re- he taught courses in American na- S. 23 on Tuesday, which provides a 5- tired the last time enjoying life at his tional government, urban government month extension of the Temporary Ex- home on Hayden Lake. Thankfully, we and politics, and Soviet government tended Unemployment Compensation had a few good salesmen in North and foreign policy. In academic year Act of 2002, and that the House passed Idaho who drew him out of retirement 1973–1974, he was named a ‘‘University it also. I believe that it was critical for to head Jobs Plus, the then-new eco- Professor,’’ an honor given each year the Congress to address the issue or ex- nomic development corporation for to the 10 best teaching professors at piring unemployment insurance bene- Kootenai County. Over the past 16 Ohio University. fits on the very first day of the 108th years, Bob has done a stellar job. Jobs Following his tenure as a distin- Congress. Actually, if we had had it our Plus, under his leadership, has re- guished Ohio University professor in way, my Democratic colleagues and I cruited over 70 companies that employ 1977, Mr. Tilling joined public service, would have delivered this aid to unem- over 3,500 workers with a payroll just as director of communications and re- ployed workers last year before 780,000 shy of $100 million. What a tremendous search of the Ohio Senate’s Republican workers had their benefits cut off. At benefit to North Idaho. caucus. He served twice as minority the end of the last Congress, Demo- Bob always jokes that the Governor chief of staff, in 1979 to 1980 and 1983 to crats asked for unanimous consent of California ought to be on his board 1984. He was elected clerk of the senate eight times to pass a bill that would because no one does more for his re- for 1981 to 1982. provide benefits for workers who were cruitment. However, the truth of the From January 1984 until April 1994, cut off from their benefits on December matter is that Bob’s tireless efforts to Mr. Tilling served as chief executive of- 28, for workers who had not yet re- recruit small and medium size busi- ficer of the senate under then-senate ceived the extension, and for workers nesses is what gets results. The key to presidents Paul Gillmor and Stanley J. who had run out of their State and sales is to show someone they have a Aronoff. In that capacity, he was re- Federal benefits and had not yet found need and that your product will meet sponsible for the day-to-day operation a new job. But each time Republicans it. Yes, California’s business climate of the senate’s staff and also worked objected to this proposal. An agree- has created a need for businesses to with senate Republican members to de- ment was finally reached between Sen- lower costs, and Idaho is the perfect velop their legislative policy agenda. ate Democrats and Republicans in De- place to come to do that. However, Through the years, Mr. Tilling made cember, but the Senate agreement was folks wouldn’t know about that unless significant contributions which helped rejected by House Republicans. Bob Potter was knocking on their improve the effectiveness and effi- S. 23 will help millions of Americans, doors. ciency of the Ohio Legislature. For ex- 91,000 in Massachusetts alone, but Over the years, I have answered ample, in 1981 and 1992, he was the prin- there is one deserving group that it many a call from Bob to help recruit,

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S128 CONGRESSIONAL RECORD — SENATE January 9, 2003 and I have visited many of the busi- Act of 1974 (42 U.S.C. 5616) and upon the ENROLLED JOINT RESOLUTION nesses that have chosen Idaho. Every recommendation of the Minority Lead- SIGNED time, Bob is delight to deal with and er, the Speaker reappoints the fol- At 4:41 p.m., a message from the his effectiveness shines through. He lowing member on the part of the House of Representatives, delivered by had truly been a blessing to Idaho. House of Representatives to the Co- Mr. Hays, one of its reading clerks, an- While I am saying, ‘‘thank you, ordinating Council on Juvenile Justice nounced that the Speaker has signed Bob,’’ I know I am not saying farewell. and Delinquency Prevention to a 2-year the following enrolled joint resolution: term: Mr. Gordon A. Marin of Roxbury, I know that he will still be active in H.J. Res. 1. A joint resolution making fur- the community because Bob Potter Massachusetts. ther continuing appropriations for the fiscal cares deeply about Idaho.∑ The message further announced that year 2003, and for other purposes. pursuant to section 4404(c)(2) of the f The joint resolution was signed sub- Congressional Hunger Fellows Act of MESSAGES FROM THE PRESIDENT 2002 (Public Law 107–171), the Speaker sequently by the President pro tempore (Mr. STEVENS). Messages from the President of the appoints the following members on the f United States were communicated to part of the House of Representatives to the Senate by Ms. Evans, one of his the Board of Trustees of the Congres- MEASURES READ THE FIRST TIME secretaries. sional Hunger Fellows Program for a The following bill was read the first term of 4 years: Mrs. JO ANN EMERSON time: f of Cape Girardeau, Missouri; and Mr. David Weaver, Jr. of Lubbock, Texas. H.R. 16 An act to authorize salary adjust- EXECUTIVE MESSAGES REFERRED ments for Justices and judges of the United As in executive session the PRE- f States for fiscal year 2003. SIDING OFFICER laid before the Sen- ENROLLED BILL SIGNED The following joint resolution was ate messages from the President of the The message further announced that read the first time. United States submitting sundry nomi- the Speaker has signed the following H.J. Res. 2. Joint resolution making fur- nations and a treaty which were re- bill: ther continuing appropriations for the fiscal year 2003, and for other purposes. ferred to the appropriate committees. S. 23. An act to provide for a 5-month ex- (The nominations received today are tension of the Temporary Extended Unem- f printed at the end of the Senate pro- ployment Compensation Act of 2002 and for a ENROLLED BILL PRESENTED ceedings.) transition period for individuals receiving compensation when the program under such The Secretary of the Senate reported f Act ends. that on January 8, 2003, she had pre- MESSAGES FROM THE HOUSE Under the authority of the order of sented to the President of the United Under the authority of the order of January 7, 2003, the enrolled bill was States the following enrolled bill: January 7, 2003, the Secretary of the signed by the President pro tempore S. 23. An act to provide for a 5-month ex- Senate, on January 8, 2003, during the (Mr. STEVENS) on January 8, 2003. tension of the Temporary Extended Unem- At 9:36 a.m., a message from the ployment Compensation Act of 2002 and for a recess of the Senate, received a mes- transition period for individuals receiving sage from the House of Representatives House of Representatives, delivered by Ms. Niland, one of its reading clerks, compensation when the program under such announcing that the House has passed Act ends. the following bill, without amendment: announced that the House has passed the following bills and joint resolu- f S. 23. An act to provide for a 5-month extension of the Temporary Extended Unem- tions, in which it requests the concur- EXECUTIVE AND OTHER ployment Compensation Act of 2002 and for a rence of the Senate: COMMUNICATIONS transition period for individuals receiving H.R. 11. An act to extend the national flood The following communications were compensation when the program under such insurance program. laid before the Senate, together with Act ends. H.R. 16. An act to authorize salary adjustments for Justices and judges of the United accompanying papers, reports, and doc- The message also announced that the States for fiscal year 2003. uments, which were referred as indi- House has agreed to the following reso- H.J. Res. 1. A joint resolution making fur- cated: lutions: ther continuing appropriations for the fiscal EC–206. A communication from the Sec- H. Res. 2. Resolution stating that the Sen- year 2003, and for other purposes. retary of Energy, transmitting, pursuant to ate be informed that a quorum of the House H.J. Res. 2. A joint resolution making fur- law, the ‘‘Report To Congress By The Sec- of Representatives; has assembled; that J. ther continuing appropriations for the fiscal retary of Energy Regarding Programs For Dennis Hastert, a Representative from the year 2003, and for other purposes. The Protection, Control and Accounting of State of Illinois, has been elected Speaker; The message also announced that the Fissile Materials in the Countries of the and Jeffrey J. Trandahl, a citizen of the House has agreed to the following con- Former Soviet Union Second Half of Fiscal State of South Dakota, has been elected current resolution, in which it requests Year 2002’’; to the Committee on Armed Clerk of the House of Representatives of the the concurrence of the Senate: Services. One Hundred Eight Congress. EC–207. A communication from the Under H. Con. Res. 1. Concurrent resolution re- H. Res. 3. Resolution stating that a com- Secretary of Defense, transmitting, pursuant garding consent to assemble outside the seat mittee of two Members be appointed by the to law, the report relative to Section 122 of of Government. Speaker on the part of the House of Rep- the National Defense Authorization Act, fis- resentatives to join with a committee on the At 10:24 a.m., a message from the cal year 2001, authorizes the use of a part of the Senate to notify the President of House of Representatives, delivered by multiyear procurement contract for the the United States that a quorum of each Ms. Niland, one of its reading clerks, DDG–51; to the Committee on Armed Serv- House has assembled and Congress is ready announced that the House has agreed ices. to receive any communication that he may to the following concurrent resolution, EC–208. A communication from the Direc- be pleased to make. in which it requests the concurrence of tor, Defense Procurement, Department of The message further announced that Defense, transmitting, pursuant to law, the the Senate: report of a rule entitled ‘‘Enterprise Soft- pursuant to section 5(a)(2) of the Ben- H. Con. Res. 8. Concurrent resolution pro- ware Agreements’’ received on November 7, jamin Franklin Tercentenary Commis- viding for a conditional adjournment of the 2002; to the Committee on Armed Services. sion Act (Public Law 107–202), the House of Representatives and a conditional EC–209. A communication from the Deputy Speaker appoints the following Mem- recess or adjournment of the Senate: Secretary of Defense, transmitting, the re- ber of the House of Representatives to At 2:43 p.m., a message from the port of a retirement; to the Committee on the Benjamin Franklin Tercentenary House of Representatives, delivered by Armed Services. Commission: Mr. CASTLE of Delaware; Ms. Niland, one of its reading clerks, EC–210. A communication from the Under and Mrs. Elise DuPoint of Rockland, announced that pursuant to 15 U.S.C. Secretary of Defense, transmitting, pursuant to law, the report relative to funding trans- Delaware. 1024(a), the Speaker appoints the fol- fers in 2002 under the Authority of the De- The message also announced that lowing Member of the House of Rep- fense Appropriations Act of 1997, 2000, 2001, pursuant to section 206 of the Juvenile resentatives to the Joint Economic and 2002 and transfers made during the Fis- Justice and Delinquency prevention Committee: Mr. SAXTON of New Jersey. cal Year 2002 under the Authority of the

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S129 Emergency Supplemental Act in response to a rule entitled ‘‘Hazardous Materials: Reten- and Resources Management, Environmental the Terrorist Attacks on the United States; tion of Shipping Papers—Response to Ap- Protection Agency, transmitting, pursuant to the Committee on Armed Services. peals’’ received on November 7, 2002; to the to law, the report of the discontinuation of EC–211. A communication from the Na- Committee on Commerce, Science, and service in acting role for the position of As- tional Service Officer, American Gold Star Transportation. sistant Administrator for Enforcement Com- Mothers, Inc., transmitting, pursuant too EC–223. A communication from the Assist- pliance and Assurance, received on October law, a report relative to the CPA audit; to ant Administrator, Office of Oceanic and At- 15, 2002; to the Committee on Environment the Committee on the Judiciary. mospheric Research, National Oceanic and and Public Works. EC–212. A communication from the Direc- Atmospheric Administration, Department of EC–233. A communication from the Assist- tor, Office of Management and Budget, Exec- Commerce, transmitting, pursuant to law, ant Administrator, Office of Administration utive Office of the President, transmitting, the report of a rule entitled ‘‘Science Advi- and Resource Management, Environmental pursuant to law, the report relative to For- sory Board (SAB) Notice of Open Meeting Protection Agency, transmitting, pursuant eign Relations Authorization Act; to the November 5, 2002 from 8:30 a.m. to 12:00 p.m.; to law, the report of a nomination confirmed Committee on the Budget. Wednesday, November 6, 2002 from 1:30 p.m. for the position of Assistant Administrator EC–213. A communication from the Chair- to 5:00 p.m. and Thursday, November 7, from for Enforcement Compliance and Assurance, man, Office of the General Counsel, Federal 8:30 a.m. to 12:00 p.m.; to the Committee on received on October 15, 2002; to the Com- Election Commission, transmitting, pursu- Commerce, Science, and Transportation. mittee on Environment and Public Works. ant to law, the report of a rule entitled EC–224. A communication from the Legal EC–234. A communication from the Para- ‘‘Contribution Limitations and Prohibi- Advisory, Wireless Telecommunications Bu- legal Specialist, Federal Aviation Adminis- tions’’ received on November 12, 2002; to the reau, Federal Communications Commissions, tration, Department of Transportation, Committee on Rules and Administration. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–214. A communication from the Chief of rule entitled ‘‘Amendment of Part 95 of the a rule entitled ‘‘Amendment to at KNOB Staff, U.S. Trade and Development Agency, Commission’s Rules to authorize the use of NOSTER, Whiteman AFB, MO Class D and E transmitting, pursuant to law, the report 406.025 MHz for Personal Locator Beacons Airspace Areas Docket NO. 02–ACE–7 [10–25– relative to a prospective funding obligation (PLB)’’ received on November 14, 2002; to the 10/31]’’ received on November 7, 2002; to the related to the Partnering for Clean Water in Committee on Commerce, Science, and Committee on Commerce, Science, and Asia Conference; to the Committee on Ap- Transportation. Transportation. propriations. EC–225. A communication from the Attor- EC–235. A communication from the Direc- EC–215. A communication from the Under ney Advisor, National Highway Traffic Safe- tor, National Archives and Records Adminis- Secretary of Defense, transmitting, pursuant ty Administration, Department of Transpor- tration, Information Security Oversight Of- to law, the report relative to a violation of tation, transmitting, pursuant to law, the re- fice, transmitting, pursuant to law, the re- the Antideficiency Act by the Department of port of a rule entitled ‘‘Consumer Informa- port relative to Information Security Over- the Navy; to the Committee on Appropria- tion; Safety Rating Program for Child Re- sights Office’s (ISOO) ‘‘Report to the Presi- dent for 2001’’ received on December 4, 2002; tions. straint Systems’’ received on November 12, to the Committee on Governmental Affairs. EC–216. A communication from the Chief 2002; to the Committee on Commerce, Counsel, Foreign Claims Settlement Com- EC–236. A communication from the Inspec- Science, and Transportation. tor General Liaison, National Headquarters, mission, Department of Justice, transmit- EC–226. A communication from the Admin- Selective Services System, transmitting, ting, the report entitled ‘‘Foreign Claims istrative Specialist, Federal Railroad Ad- pursuant to law, the semi-annual report in Settlement Commission’s Annual Report for ministration, Department of Transportation, accordance with the Inspector General Act of 2001’’; to the Committee on Foreign Rela- transmitting, pursuant to law, the report of 1978; to the Committee on Governmental Af- tions. a rule entitled ‘‘Regulations on Safety Inte- EC–217. A communication from the Direc- fairs. gration Plans Governing Railroad Consoli- EC–237. A communication from the Chair, tor of Governmental Affairs, Commission on dated, Mergers, and Acquisitions of Control’’ Railroad Retirement Board, transmitting, International Religious Freedom, transmit- received on November 7, 2002; to the Com- pursuant to law, the report entitled ‘‘Office ting, the report relative to the human rights mittee on Commerce, Science, and Transpor- of Inspector General Railroad Retirement conditions in Afghanistan; to the Committee tation. Board’’ received on December 2, 2002; to the on Foreign Relations. EC–227. A communication from the Sec- Committee on Governmental Affairs. EC–218. A communication from the Assist- retary of Transportation, transmitting, pur- EC–238. A communication from the Deputy ant Legal Adviser for Treaty Affairs, Depart- suant to law, the report entitled ‘‘Depart- Secretary of Defense, transmitting, pursuant ment of State, transmitting, pursuant to ment of Transportation’s Research, Develop- to law, the Semiannual Report to Congress, law, the report relative to international ment, and Technology Plan’’; to the Com- April 1, 2002-September 30, 2002, along with agreements other than treaties entered into mittee on Commerce, Science, and Transpor- the classified Annex to the Semiannual Re- by the United States under the Case-Za- tation. port on Intelligence-Related Oversight, re- blocki Act; to the Committee on Foreign Re- EC–228. A communication from the Chair- ceived on December 16, 2002; to the Com- lations. man, Federal Trade Commission, transmit- mittee on Governmental Affairs. EC–219. A communication from the Assist- ting, pursuant to law, the report entitled EC–239. A communication from the Presi- ant Secretary for Legislative Affairs, De- ‘‘Federal Trade Commission Management’s dent and Chief Executive Officer, Overseas partment of State, transmitting, the report Report on the Final Actions for the Six- Private Investment Corporation, transmit- correcting a computation error, contained in Month Period Ending March 31, 2002’’ re- ting, pursuant to law, the report relative to Executive Communication 8910 of the 107th ceived on November 7, 2002; to the Com- the Fiscal Year 2002 activities of the agen- Congress, covering defense articles and serv- mittee on Commerce, Science, and Transpor- cy’s formal management control review pro- ices that were licensed for export under sec- tation. gram; to the Committee on Governmental tion 38 of the Arms Export Control Act dur- EC–229. A communication from the Admin- Affairs. ing Fiscal Year 2001; to the Committee on istrator, National Aeronautics and Space Ad- EC–240. A communication from the Direc- Foreign Relations. ministration, transmitting, pursuant to law, tor of the Peace Corps, transmitting, pursu- EC–220. A communication from the Direc- the report entitled ‘‘Subsonic Noise Reduc- ant to law, the semiannual report of the In- tor, Office of Sustainable Fisheries, Depart- tion Technology’’; to the Committee on spector General of the Peace Corps covering ment of Commerce, transmitting, pursuant Commerce, Science, and Transportation. the period from April 1, 2002, through Sep- to law, the report of a rule entitled ‘‘Fish- EC–230. A communication from the Comp- tember 30, 2002; to the Committee on Govern- eries off West Coast States and in the West- troller General, General Accounting Office, mental Affairs. ern Pacific; Pacific Coast Groundfishery; transmitting, pursuant to law, the report EC–241. A communication from the Sec- Whiting Closure for the Catcher/Processor relative to Reducing Redundant IT Infra- retary of Veterans Affairs, transmitting, Sector; to the Committee on Commerce, structure Related to Homeland Security; to pursuant to law, the semiannual report of Science, and Transportation. the Committees on Appropriations; the the Office of Inspector General (OIG) for the EC–221. A communication from the Direc- Budget; Agriculture, Nutrition, and For- period April 1, 2002, through September 30, tor, Office of Sustainable Fisheries, Depart- estry; Armed Services; Commerce, Science, 2002; to the Committee on Governmental Af- ment of Commerce, transmitting, pursuant and Transportation; Environment and Public fairs. to law, the report of a rule entitled ‘‘Atlan- Works; Finance; and the Judiciary. EC–242. A communication from the Presi- tic Highly Migratory Species Fisheries 2002 EC–231. A communication from the Sec- dent of the United States, transmitting, the Atlantic Bluefin Tuna Quota Specifications retary of Defense, transmitting, the report report of an alternative plan for locality pay and General Category Effort Controls’’ re- urging Congress to adopt in an additional increases payable to civilian Federal em- ceived on November 7, 2002; to the Com- provision in the Defense Appropriations Bill ployees covered by the General Schedule mittee on Commerce, Science, and Transpor- with the authority to use up to $150 million (GS) pay system in January 2003; to the Com- tation. to support allied and indigenous forces in ac- mittee on Governmental Affairs. EC–222. A communication from the Attor- tivities in support of U.S. forces; ordered to EC–243. A communication from the Deputy ney, Research and Special Programs Admin- lie on the table. Archivist of the United States, National Ar- istration, Department of Transportation, EC–232. A communication from the Assist- chives and Records Administration, trans- transmitting, pursuant to law, the report of ant Administrator, Office of Administration mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S130 CONGRESSIONAL RECORD — SENATE January 9, 2003 entitled ‘‘Official Seals’’ received on Decem- ards; Adoption of Size Standards by 2002 EC–266. A communication from the Assist- ber 4, 2002; to the Committee on Govern- North American Industry Classifications ant Secretary of Defense, transmitting, pur- mental Affairs. System for Size Standards’’ received on De- suant to law, the report relative to imple- EC–244. A communication from the Chair- cember 12, 2002; to the Committee on Small menting the TRICARE Pharmacy Benefits man, Board of Governors, United States Business and Entrepreneurship. Program (TPBP); to the Committee on Postal Service, transmitting, pursuant to EC–255. A communication from the Acting Armed Services. law, the Semiannual Report to Congress of Deputy General Counsel, Office of Size EC–267. A communication from the Sec- the Inspector General and the Postal Service Standards, Small Business Administration, retary of Defense, transmitting, the report of management response to the report for the transmitting, pursuant to law, the report of a retirement; to the Committee on Armed period ending September 30, 2002; to the a rule entitled ‘‘Small Business Investment Services . Committee on Governmental Affairs. Companies’’ received on December 12, 2002; to EC–268. A communication from the Sec- EC–245. A communication from the Direc- the Committee on Small Business and Entre- retary of Defense, transmitting, the report of tor, Office of Management and Budget, Exec- preneurship. a retirement; to the Committee on Armed utive Office of the President, transmitting, EC–256. A communication from the Acting Services. pursuant to law, the report entitled Deputy General Counsel, Office of Disaster EC–269. A communication from the Sec- ‘‘Unvouchered Expenditures Report’’ re- Assistance, Small Business Administration, retary of Defense, transmitting, pursuant to ceived on December 12, 2002; to the Com- transmitting, pursuant to law, the report of law, the report relative to the Supplemental mittee on Governmental Affairs. a rule entitled ‘‘Pre-Disaster Mitigation Appropriations Act for Further Recovery EC–246. A communication from the Com- Loans’’ received on November 25, 2002; to the From and Response To Terrorist Attacks on missioner, Social Security, transmitting, Committee on Small Business and Entrepre- the United States and the Government of pursuant to law, the Social Security Admin- neurship. Tajikstans’ claimed costs for such military EC–257. A communication from the Sec- istration’s (SSA) Performance and Account- support; to the Committee on Armed Serv- retary of Energy, transmitting, pursuant to ability Report (PAR) for the Fiscal Year ices. 2002, received on December 4, 2002; to the law, the report entitled ‘‘Comprehensive Sta- tus of Exxon and Stripper Well Oil Over- EC–270. A communication from the Assist- Committee on Governmental Affairs. ant Director for Executive and Political Per- EC–247. A communication from the Admin- charge Funds, Forty-Sixth Report Covering January 1, 2001 through March 31, 2002; to the sonnel, Department of Defense, transmit- istrator, Agency for International Develop- ting, pursuant to law, the report of a nomi- ment, transmitting, pursuant to law, the re- Committee on Energy and Natural Re- sources. nation confirmed for the position of Assist- port entitled ‘‘U.S. Agency for International ant Secretary of Defense (Reserve Affairs), Development (USAID) Inspector General’s EC–258. A communication from the Acting Director, Office of Surface Mining, Depart- received on November 13, 2002; to the Com- Semiannual Report to the Congress (SARC) mittee on Armed Services. for the period ending September 30, 2002’’ re- ment of the Interior, transmitting, pursuant to law, the report of a rule entitled ‘‘West ceived on December 12, 2002; to the Com- f Virginia Regulatory Program’’ received on mittee on Governmental Affairs. EC–248. A communication from the General December 2, 2002; to the Committee on En- PETITIONS AND MEMORIALS Counsel, National Labor Relations Board, ergy and Natural Resources. EC–259. A communication from the Direc- The following petitions and memo- transmitting, pursuant to law, the report en- tor, Office of Surface Mining, Department of titled ‘‘The National Labor Relations Board rials were laid before the Senate and the Interior, transmitting, pursuant to law, Office of Inspector General has prepared its were referred or ordered to lie on the the report of a rule entitled ‘‘Mississippi inventory of inherently governmental and table as indicated: Regulatory Program’’ received on December commercial activities’’ received on Decem- 2, 2002; to the Committee on Energy and Nat- POM–1. A resolution adopted by the Legis- ber 12, 2002; to the Committee on Govern- ural Resources. lature of Rockland County, State on New mental Affairs. EC–260. A communication from the Direc- York, relative to the Younger Americans EC–249. A communication from the Chair- tor, Office of Surface Mining, Department of Act; to the Committee on Health, Education, man, Federal Maritime Commission. trans- the Interior, transmitting, pursuant to law, Labor, and Pensions. mitting, pursuant to law, the Federal Mari- the report of a rule entitled ‘‘Iowa Aban- RESOLUTION NO. 650 time Commission’s Inspector General’s doned Mine Land Reclamation Plan’’ re- Whereas, the United States Congress has Semiannual Report for the period April 1, ceived on December 2, 2002; to the Committee 2002-September 30, 2002; to the Committee on introduced the Younger Americans Act (H.R. on Energy and Natural Resources. 17 and S. 1005); and Governmental Affairs. EC–261. A communication from the Deputy Whereas, the proposed legislation will pro- EC–250. A communication from the Sec- Assistant Secretary, Fish and Wildlife and vide assistance to mobilize and support com- retary of Health and Human Services, trans- Parks, National Park Service, Department of munities throughout the nation in carrying mitting, pursuant to law, the Department of the Interior, transmitting, pursuant to law, out community-based youth development Health and Human Services (HHS) Office of the report of a rule entitled ‘‘Special Regula- programs that ensure that all youth have ac- Inspector General (OIG) Semiannual Report tions; Areas of the National Park System cess to various programs and services that for the period April 1, 2002, through Sep- Snowmobile use at Yellowstone and Grand tember 30, 2002; to the Committee on Govern- Teton N.D.’’ received on November 19, 2002; build the competencies and character devel- mental Affairs. to the Committee on Energy and Natural Re- opment needed to fully prepare them to be- EC–251. A communication from the Dis- sources. come adults and effective citizens; and trict of Columbia Auditor, transmitting, pur- EC–262. A communication from the Under Whereas, the proposed legislation works to suant to law, the report entitled ‘‘Audit of Secretary of Defense, transmitting, pursuant ensure that all communities are able to pro- Advisory Neighborhood Commission 5 C for to law, the report relative to test programs vide programs that fulfill five core needs Fiscal Years 1999, 2000, 2001, and 2002, regarding the transportation of household that all young people between the ages of ten through June 30, 2002’’ received on December goods for members of the Armed Forces; to and nineteen have, namely, ongoing relation- 12, 2002; to the Committee on Governmental the Committee on Armed Services. ships with caring adults, safe places with Affairs. EC–263. A communication from the Assist- structured activities, access to services that EC–252. A communication from the Direc- ant Secretary of Defense, transmitting, pur- promote healthy life styles, opportunities to tor, Office of Management and Budget, Exec- suant to law, the report relative to activities acquire marketable skills and competencies, utive Office of the President, transmitting, of the Medical Informatics Advisory Com- and opportunities for community service and pursuant to law, the report entitled ‘‘Making mittee and the coordination of development civic participation; and Continuing Appropriations’’ received on No- and maintenance of health care informatics Whereas, the Younger Americans Act cre- vember 25, 2002; to the Committee on the systems; to the Committee on Armed Serv- ates a comprehensive national youth policy, Budget. ices. provides 5.75 billion dollars over the course EC–253. A communication from the Direc- EC–264. A communication from the Direc- of five years to support existing and future tor, Office of Management and Budget, Exec- tor, Defense Procurement and Acquisition youth development programs, and gives our utive Office of the President, transmitting, Policy, transmitting, pursuant to law, the nation’s youth a voice in decision-making; pursuant to law, the appropriations report report of a rule entitled ‘‘Foreign Military and containing OMB cost estimates for P.L. 107– Sales Customer Involvement’’ received on Whereas, the proposed legislation estab- 248, the Department of Defense Appropria- December 12, 2002; to the Committee on lishes in the Executive Office of the Presi- tions Act, 2003; P.L. 107–249, the Military Armed Services. dent of the United States the Office of Na- Construction Appropriations Act, 2003; and EC–265. A communication from the Deputy tional Youth Policy, a Director of that of- detail on estimating differences with CBO; to Chief of Naval Operations, Manpower and fice, and the Council on National Youth Pol- the Committee on the Budget. Personnel, Department of the Navy, trans- icy within the office; and EC–254. A communication from the Acting mitting, pursuant to law, the report relative Whereas, the proposed legislation does not Deputy General Counsel, Office of Size to the conversion of certain functions per- specify specific programs to be funded, rath- Standards, Small Business Administration, formed by Department of Defense civilian er, it allows communities to make these de- transmitting, pursuant to law, the report of employees to the private sector; to the Com- cisions and to make various programs and a rule entitled ‘‘Small Business Size Stand- mittee on Armed Services. services available to all youth, including,

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S131 community youth centers, workforce prepa- the Rights of the Child, while only two na- when the harassment techniques are unsuc- ration programs, youth-led programs, com- tions, the United States and Somalia, have cessful. munity service programs, mentoring pro- not yet ratified the Convention; and 2. Duly authenticated copies of this resolu- grams, cultural programs and sports pro- Whereas, the Rockland County Legislature tion, signed by the President of the Senate grams; and is a strong advocate for the rights of all chil- attested by the Secretary thereof, shall be Whereas, while the Younger Americans Act dren and commends the nations throughout transmitted to the President of the United focuses on all young people, it includes a spe- the world that have decided to abide by the States Senate, the Speaker of the United cial focus on youth who have greater needs principles set forth in this important treaty; States House of Representatives, the major- and who reside in rural communities, high and ity and minority leaders of the United States areas of poverty or out-of-home facilities, as Whereas, the Multi-Services Committee Senate and the United States House of Rep- well as youth who are subjected to abuse and has met, considered and by a vote of three resentatives, each member of Congress elect- neglect; and ayes to one nay approved this resolution: ed from this State, the Secretary of the Whereas, it is the local communities, not Now, therefore, be it United States Department of Agriculture, the federal government, who are in control Resolved, That the Rockland County Legis- the Commissioner of the New Jersey Depart- of the funds designated pursuant to this act; lature hereby requests the United States ment of Environmental Protection, and the and Congress to support ratification of the Secretary of the New Jersey Department of Whereas, the Rockland County Legislature United Nations Convention on the Rights of Agriculture. firmly believes that passage of the Younger the Child; and be it further Americans Act (H.R. 17 and S. 1005) is nec- Resolved, That the Clerk to the Legislature POM–4. A communication from the Senate essary in order to assist America’s youth and be and is hereby authorized and directed to of the State of Pennsylvania relative to to help guide them down the road to adult- send a copy of this resolution to the Hon. Human Rights violations in Nigeria; to the hood; and George W. Bush, President of the United Committee on Foreign Relations. Whereas, the Multi-Services Committee States; Hon. Charles Schumer and Hon. Hil- SENATE RESOLUTION NO. 297 has met, considered and by a unanimous vote lary Rodham Clinton, United States Sen- approved this resolution: Now, therefore, be ators; Hon. Benjamin Gilman, Hon. Eliot Whereas, In March 2002, a Sharia court in it Engel, Hon. Nita Lowey and Hon. Sue Kelly, the state of Katsina in northern Nigeria sen- Resolved, That the Legislature of Rockland Members of the United States Congress; the tenced 30-year-old Amina Lawal to death for County hereby requests the United States President Pro Tem of the United States Sen- having engaged in sexual intercourse outside Congress to enact the Younger Americans ate; the Speaker of the United States House marriage; and Act (H.R. 17 and S. 1005); and be it further of Representatives; the Majority and Minor- Whereas, The government used Amina Resolved, That the Clerk to the Legislature ity Leaders of the United States Senate and Lawal’s pregnancy as evidence of her having be and is hereby authorized and directed to House of Representatives; Kofi Annan, Sec- committee adultery; and send a certified copy of this resolution to the retary General of the United Nations; and to Whereas, On August 19, 2002, the judgment Hon. George W. Bush, President of the such other persons as the Clerk, in his dis- of the lower court that sentenced Amina United States; Hon. Charles Schumer and cretion, may deem proper in order to effec- Lawal to death by stoning was upheld on ap- Hon. Hillary Rodham Clinton, United States tuate the purpose of this resolution. peal; and Senators: Hon. Benjamin Gilman, Hon. Eliot Whereas, Over the past year, some north- Engel, Hon. Nita Lowey and Hon. Sue Kelly; POM–3. A resolution adopted by the New ern Nigerian states have increasingly applied Members of the United States Congress; the Jersey State Senate relative to allocation of Sharia law to criminal cases, principal President Pro Tem of the United States Sen- additional resources to address resident Can- among them sexual intercourse outside mar- ate; the Speaker of the United States House ada goose population in New Jersey; to the riage by women; and of Representatives; the Majority and Minor- Committee on Agriculture, Nutrition, and Whereas, As a consequence, Nigerian ity Leaders of the United States Senate and Forestry. Sharia courts have ordered public flogging, long-term imprisonment and death by ston- House of Representatives; and to such other SENATE RESOLUTION NO. 36 persons as the Clerk, in his discretion, may ing for cases involving sexual intercourse Whereas, Canada geese are migratory game deem proper in order to effectuate the pur- outside marriage; and birds afforded protection by the federal Mi- pose of this resolution. Whereas, The Nigerian constitution guar- gratory Bird Treaty Act, 16 U.S.C. 703 et seq.; antees the right to life and to freedom from and POM–2. A resolution adopted by the Legis- torture and cruel and inhuman and degrad- Whereas, The United States Department of lature of Rockland County, State of New ing punishments and the right to fair trial; Agriculture currently provides assistance to York, relative to the United Nations Conven- and the State’s agricultural community and mu- tion on the Rights of the Child; to the Com- Whereas, Nigeria is also a state party to nicipalities in identifying non-lethal, or har- mittee on Foreign Relations. the Convention Against Torture and Other assment, techniques available to manage the Cruel, Inhuman and Degrading Treatment or RESOLUTION NO. 651 Canada goose population; and Punishment and the International Covenant Whereas, on November 20, 1989, the govern- Whereas, The Canada goose population re- on Civil and Political Rights (ICCPR); and ments represented at the United Nations siding year-round in New Jersey has grown Whereas, The ICCPR protects the right to General Assembly agreed to adopt the Con- significantly over the past two decades; and life, and, in countries which have not abol- vention on the Rights of the Child into inter- Whereas, This large Canada goose popu- ished the death penalty, assures that sen- national law; and lation causes a significant amount of damage tences of death may be imposed only for the Whereas, the Convention on the Rights of to agricultural crops every year, contributes most serious crimes; and the Child is an international treaty that rec- to nonpoint pollution, and generally causes significant lawn maintenance, sanitation, ognizes the human rights of children and es- POM–5. A joint resolution adopted by the and nuisance problems for public parks, tablishes in international law that nations Alaska State Legislature Relative to federal playgrounds, golf courses, schoolyards, and throughout the world must take steps to en- land grants; to the Committee on Energy corporate parks; and sure that all children have access to services and Natural Resources. such as education and health care and can Whereas, Given the economic damage, pol- grow up in a caring, loving and nurturing en- lution, health and aesthetic concerns and HOUSE JOINT RESOLUTION NO. 48 vironment; and problems attributable to the resident Canada Whereas vast tracts of lands managed by Whereas, the Convention on the Rights of goose population, the federal government federal agencies of the United States have the Child sets forth the rights to which every should direct more resources to this State to been withdrawn from public entry; and child is entitled, irrespective of gender, reli- assist in controlling this population: Now, Whereas, in many instances, the original gion or social origin; and therefore, be it purpose for the withdrawal has been accom- Whereas, the Convention on the Rights of Resolved by the Senate of the State of New plished or lapsed; and the Child highlights the critical role that the Jersey: Whereas, in the State of Alaska, many of family plays in the development and growth 1. This House urges the United States De- these withdrawn lands have been selected by of our youth; and partment of Agriculture to allocate addi- the state under the Alaska Statehood Act for Whereas, the Convention on the Rights of tional resources to address problems associ- transfer to become state-owned lands; and the Child attempts to reinforce the idea that ated with the resident Canada goose popu- Whereas the withdrawn lands in the state children have a right to express their views lation in New Jersey. The House urges the have been selected because of their value for and to have their opinions given the impor- United States Department of Agriculture to recreation, mineral resources, and access tance that they deserve; and dedicate an additional wildlife biologist to corridors; and Whereas, the Convention on the Rights of the department’s New Jersey office to assist Whereas the withdrawn lands cannot be the Child is the most widely accepted and the State’s agricultural community and mu- transferred to the State of Alaska until and rapidly accepted human rights treaty in his- nicipalities in identifying non-lethal harass- unless the federal withdrawals are removed; tory; and ment techniques and to facilitate applica- and Whereas, to date, one-hundred and ninety- tions to the United States Fish and Wildlife Whereas the land managing agencies of the one nations have ratified the Convention on Service for additional management options United States are neither empowered nor

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S132 CONGRESSIONAL RECORD — SENATE January 9, 2003 motivated to terminate these so-called exclusion relating to qualified small business S. 119. A bill to provide special minimum ‘‘temporary’’ withdrawals; and stock, to reduce the depreciation recovery funding requirements for certain pension period for certain restaurant buildings, and plans maintained pursuant to collective bar- POM–6. A resolution adopted by the New for other purposes; to the Committee on Fi- gaining agreements; to the Committee on Fi- Jersey State Senate relative to construction nance. nance. of a memorial at Gateway National Recre- By Mrs. FEINSTEIN (for herself and By Mrs. HUTCHISON (for herself, Mr. ation Area; to the Committee on Energy and Mrs. BOXER): BAYH, Mr. BROWNBACK, Mr. HAGEL, Natural Resources. S. 107. A bill to prohibit the exportation of Mr. BURNS, Mr. FITZGERALD, Mr. COR- SENATE RESOLUTION NO. 77 natural gas from the United States to Mex- NYN, and Mr. COCHRAN): ico for use in electric energy generation S. 120. A bill to eliminate the marriage tax Whereas, On September 11, 2001, terrorists units near the United States border that do penalty permanently in 2003; to the Com- injured or killed thousands of innocent vic- not comply with air quality control require- mittee on Finance. tims in the United States by hijacking and ments that provide air quality protection By Mrs. HUTCHISON (for herself, Mrs. crashing four commercial airliners; and that is at least equivalent to the protection FEINSTEIN, Mr. HATCH, Mr. LEAHY, Whereas, Two of the commercial airliners provided by requirements applicable in the Mrs. CLINTON, Mr. ENSIGN, Mr. MIL- were crashed into the World Trade Center United States; to the Committee on Bank- LER, Mr. VOINOVICH, Mr. CRAPO, Mr. towers in New York City, one commercial ing, Housing, and Urban Affairs. LUGAR, Mr. BINGAMAN, Ms. STABE- airliner was crashed into the Pentagon while By Mr. NELSON of Nebraska: NOW, Mr. FITZGERALD, Mr. FEINGOLD, another crashed in Pennsylvania; and S. 108. A bill to provide emergency disaster Mr. BIDEN, Mr. MCCONNELL, Mr. NEL- Whereas, A significant percentage of the assistance to agricultural producers; to the SON of Florida, Mr. BENNETT, Mr. victims in these attacks were residents of Committee on Agriculture, Nutrition, and DODD, Ms. LANDRIEU, Mr. SESSIONS, the State of New Jersey, and the toll on the Forestry. Ms. COLLINS, Mr. ALLARD, Mr. ROCKE- State of New Jersey and its residents has By Mr. NELSON of Nebraska: FELLER, Mr. WYDEN, Mr. HARKIN, and been severe; and S. 109. A bill to convert the temporary Mr. DURBIN): Whereas, Legislation currently pending in judgeship for the district of Nebraska to a S. 121. A bill to enhance the operation of the United States House of Representatives permanent judgeship, and for other purposes; the AMBER Alert communications network as House Resolution Number 4726 would to the Committee on the Judiciary. in order to facilitate the recovery of ab- allow a permanent memorial to the victims By Mr. GRAHAM of South Carolina: ducted children, to provide for enhanced no- of the September 11, 2001 terrorist attacks S. 110. A bill to increase the amount of stu- tification on highways of alerts and informa- against the United States to be constructed dent loan forgiveness and loan cancellation tion on such children, and for other pur- on Sandy Hook in the Gateway National available to qualified teachers, and for other poses; to the Committee on the Judiciary. Recreation Area; and purposes; to the Committee on Health, Edu- By Mr. SHELBY (for himself, Mr. SAR- Whereas, The Sandy Hook peninsula is in- cation, Labor, and Pensions. BANES, Mr. BOND, Ms. MIKULSKI, Mr. cluded in the Gateway National Recreation By Mr. GRAHAM of Florida (for him- BUNNING, Mr. BENNETT, Mr. ALLARD, Area administered by the National Park self and Mr. NELSON of Florida): Mr. ENZI, Mr. HAGEL, Mr. CHAFEE, Service within the United States Depart- S. 111. A bill to direct the Secretary of the Mr. JOHNSON, Mr. REED, Mr. SCHU- ment of the Interior; and Interior to conduct a special resource study MER, Mr. BAYH, Mr. MILLER, Ms. STA- Whereas, The State of New Jersey recog- to determine the national significance of the BENOW, and Mr. CORZINE): nizes the need to remember and honor the Miami Circle site in the State of Florida as S. 122. A bill to extend the national flood victims of the September 11, 2001 attacks: well as the suitability and feasibility of its insurance program; to the Committee on Now, therefore, be it inclusion in the National Park System as Banking, Housing, and Urban Affairs. Resolved by the Senate of the State of New part of Biscayne National Park, and for By Mr. KYL: Jersey: other purposes; to the Committee on Energy S. 123. A bill to exclude United States per- 1. This House urges the Congress of the and Natural Resources. sons from the definition of ‘‘foreign power’’ United States to support legislation cur- By Mr. HOLLINGS: under the Foreign Intelligence Surveillance rently pending in the United States House of S. 112. A bill to amend the Internal Rev- Act of 1978 relating to international ter- Representatives as House Resolution Num- enue Code of 1986 to impose a value added tax rorism; to the Committee on the Judiciary. ber 4726, which would allow a permanent me- and to use the receipts from the tax to fund By Mr. ROBERTS: morial to the victims of the September 11, America’s war effort; to the Committee on S. 124. A bill to amend the Food Security 2001 terrorist attacks against the United Finance. Act of 1985 to suspend the requirement that States to be constructed on Sandy Hook in By Mr. KYL (for himself, Mr. HATCH, rental payments under the conservation re- the Gateway National Recreation Area. Mr. DEWINE, and Mr. SCHUMER): serve program be reduced by reason of har- 2. Duly authenticated copies of this resolu- S. 113. A bill to exclude United States per- vesting or grazing conducted in response to a tion, signed by the President of the Senate sons from the definition of ‘‘foreign power’’ drought or other emergency; to the Com- and attested by the Secretary thereof, shall under the Foreign Intelligence Surveillance mittee on Agriculture, Nutrition, and For- be transmitted to the President and Vice- Act of 1978 relating to international ter- estry. President of the United States, the Speaker rorism; to the Committee on the Judiciary. By Mr. ROBERTS (for himself, Mr. of the United States House of Representa- By Mr. COCHRAN: CRAIG, Mr. BROWNBACK, Mr. CRAPO, tives, the majority and minority leaders of S. 114. A bill to amend title XVIII of the and Mr. ENZI): the United States Senate and the United Social Security Act to remove the 20 percent S. 125. A bill to provide emergency disaster States House of Representatives, each mem- inpatient limitation under the medicare pro- assistance to agricultural producers; to the ber of the United States Congress elected gram on the proportion of hospice care that Committee on Agriculture, Nutrition, and from this State, the Secretary of the United certain rural hospice programs may provide; Forestry. States Department of the Interior, and the to the Committee on Finance. By Mrs. FEINSTEIN (for herself and Director of the National Park Service. By Mr. COCHRAN: Mr. CHAFEE): f S. 115. A bill for the relief of Richi James S. 126. A bill to amend the Internal Rev- Lesley; to the Committee on the Judiciary. enue Code of 1986 to suspend future reduc- REPORTS OF COMMITTEES By Mr. GRAHAM of Florida: tions of the highest income tax rate if there The following reports of committees S. 116. A bill to authorize the Secretary of exists a Federal on-budget deficit; to the were submitted: Agriculture to sell or exchange certain land Committee on Finance. in the State of Florida, and for other pur- By Mrs. BOXER (for herself and Ms. By Mr. KERRY, from the Committee on poses; to the Committee on Agriculture, Nu- SNOWE): Small Business and Entrepreneurship: trition, and Forestry. S. 127. A bill to allow a custodial parent a Special Report entitled ‘‘Summary of Leg- By Mr. GRAHAM of Florida: bad debt deduction for unpaid child support islative and Oversight Activities During the S. 117. A bill to authorize the Secretary of payments, and to require a parent who is 107th Congress.’’ (Rept. No. 108–1). Agriculture to sell or exchange certain land chronically delinquent in child support to in- f in the State of Florida, and for other pur- clude the amount of the unpaid obligation in poses; to the Committee on Energy and Nat- gross income; to the Committee on Finance. INTRODUCTION OF BILLS AND ural Resources. By Mr. FEINGOLD: JOINT RESOLUTIONS By Mr. EDWARDS (for himself and Mr. S. 128. A bill to assist in the conservation The following bills and joint resolu- HOLLINGS): of cranes by supporting and providing, tions were introduced, read the first S. 118. A bill to develop and coordinate a through projects of persons and organiza- national emergency warning system; to the tions with expertise in crane conservation, and second times by unanimous con- Committee on Commerce, Science, and financial resources for the conservation pro- sent, and referred as indicated: Transportation. grams of countries the activities of which di- By Ms. COLLINS: By Mr. SANTORUM (for himself, Mr. rectly or indirectly affect cranes; to the S. 106. A bill to amend the Internal Rev- SPECTER, Mr. WARNER, and Mrs. Committee on Environment and Public enue Code of 1986 to increase and modify the DOLE): Works.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S133 By Mr. VOINOVICH: used interchangably with passenger vehicle Employee Retirement Income Security S. 129. A bill to provide for reform relating fuel economy standard credits, to limit Act of 1974 to protect the retirement to Federal employment, and for other pur- greenhouse gas emissions in the United security of American workers by ensur- poses; to the Committee on Governmental States and reduce dependence upon foreign ing that pension assets are adequately Affairs. oil, and ensure benefits to consumers from By Mrs. BOXER (for herself, Mr. BIDEN, the trading in such allowances; to the Com- diversified and by providing workers Mr. HOLLINGS, Mr. KERRY, and Ms. mittee on Environment and Public Works. with adequate access to, and informa- CANTWELL): f tion about, their pension plans, and for S. 130. A bill to amend the labeling require- other purposes. ments of the Dolphin Protection Consumer SUBMISSION OF CONCURRENT AND S. 10 Information Act, and for other purposes; to SENATE RESOLUTIONS the Committee on Commerce, Science, and At the request of Mr. DASCHLE, the Transportation. The following concurrent resolutions names of the Senator from California By Mr. REID (for himself, Mrs. CLIN- and Senate resolutions were read, and (Mrs. BOXER) and the Senator from TON, Mr. JEFFORDS, Mr. LIEBERMAN, referred (or acted upon), as indicated: Connecticut (Mr. DODD) were added as Mr. HARKIN, and Mr. EDWARDS): By Mr. DOMENICI (for himself, Mr. cosponsors of S. 10, a bill to protect S. 131. A bill to amend the Atomic Energy CONRAD, Mr. GRASSLEY, Mr. HOL- consumers in managed care plans and Act of 1954 and the Energy Reorganization LINGS, Mr. NICKLES, Mr. SARBANES, other health coverage, to provide for Act of 1974 to strengthen security at sen- Mr. BOND, Mrs. MURRAY, Mr. GREGG, sitive nuclear facilities; to the Committee on parity with respect to mental health Mr. WYDEN, Ms. SNOWE, Mr. FEIN- coverage, to reduce medical errors, and Environment and Public Works. GOLD, Mr. FRIST, Mr. JOHNSON, Mr. By Mr. FEINGOLD (for himself, Mr. SMITH, Mr. BYRD, Mr. ALLARD, Mr. to increase the access of individuals to LEVIN, Mr. CORZINE, and Mr. DURBIN): NELSON of Florida, Mr. HAGEL, Ms. quality health care. S. 132. A bill to place a moratorium on exe- STABENOW, Mrs. CLINTON, and Mr. S. 16 cutions by the Federal Government and urge CORZINE): At the request of Mr. DASCHLE, the the States to do the same, while a National S. Res. 15. A resolution commending Dan name of the Senator from California Commission on the Death Penalty reviews L. Crippen for his service to Congress and (Mrs. BOXER) was added as a cosponsor the fairness of the imposition of the death the Nation; considered and agreed to. penalty; to the Committee on the Judiciary. By Mr. BUNNING (for himself and Mr. of S. 16, a bill to protect the civil By Mr. DAYTON: MCCONNELL): rights of all Americans, and for other S. 133. A bill to amend the Individuals with S. Res. 16. A resolution honoring the purposes. Disabilities Education Act to fully fund 40 Hilltoppers of Western Kentucky University S. 18 percent of the average per pupil expenditure from Bowling Green, Kentucky, for winning for programs under part B of such Act; to the At the request of Mr. DASCHLE, the the 2002 National Collegiate Athletic Asso- name of the Senator from California Committee on Health, Education, Labor, and ciation Division I–AA Football Champion- Pensions. ship; considered and agreed to. (Mrs. BOXER) was added as a cosponsor By Mr. DAYTON: By Mr. SARBANES (for himself, Mr. of S. 18, a bill to improve early learn- S. 134. A bill to amend the Homeland Secu- BINGAMAN, Mr. DURBIN, Ms. MIKUL- ing opportunities and promote pre- rity Act of 2002 (Public Law 107-296) to pro- SKI, Mrs. MURRAY, Mr. LEVIN, Mr. paredness by increasing the avail- vide that waivers of certain prohibitions on WARNER, Ms. CANTWELL, Mr. NELSON ability of Head Start programs, to in- contracts with corporate expatriates shall of Nebraska, Mrs. CLINTON, Mr. crease the availability and afford- apply only if the waiver is required in the in- AKAKA, Mr. KENNEDY, and Mr. LIE- terest of national security; to the Committee ability of quality child care, to reduce BERMAN): child hunger and encourage healthy on Governmental Affairs. S. Con. Res. 1. A concurrent resolution ex- By Mr. DAYTON: pressing the sense of Congress that there eating habits, to facilitate parental in- S. 135. A bill to amend the Internal Rev- should continue to be parity between the ad- volvement, and for other purposes. enue Code of 1986 to expand the 10 percent justments in the compensation of members S. 19 tax bracket, to freeze the rate of the top tax of the uniformed services and the adjust- brackets, to provide an immediate $4,000,000 At the request of Mr. DASCHLE, the ments in the compensation of civilian em- name of the Senator from California estate tax exemption and complete estate ployees of the United States; to the Com- (Mrs. BOXER) was added as a cosponsor tax exclusion for family-owned businesses mittee on Governmental Affairs. while eliminating the repeal of the estate of S. 19, a bill to amend the Internal tax, and for other purposes; to the Com- f Revenue Code of 1986 and titles 10 and mittee on Finance. ADDITIONAL COSPONSORS 38, United States Code, to improve ben- By Mrs. LINCOLN (for herself, Mr. S. 7 efits for members of the uniformed BAYH, Mr. DURBIN, and Mr. HOL- services and for veterans, and for other LINGS): At the request of Mr. DASCHLE, the S. 136. A bill to amend the Tariff Act of names of the Senator from Connecticut purposes. 1930 to provide for an expedited antidumping (Mr. DODD) and the Senator from Cali- S. 20 investigation when imports increase materi- fornia (Mrs. BOXER) were added as co- At the request of Mr. DASCHLE, the ally from new suppliers after an antidumping sponsors of S. 7, a bill to amend title name of the Senator from Rhode Island order has been issued, and to amend the pro- XVIII of the Social Security Act to (Mr. REED) was added as a cosponsor of vision relating to adjustments to export S. 20, a bill to amend the Fair Labor price and constructed export price; to the provide coverage of outpatient pre- Committee on Finance. scription drugs under the medicare pro- Standards Act of 1938 to provide for an By Mrs. LINCOLN: gram and to amend the Federal Food, increase in the Federal minimum wage. S. 137. A bill to improve the administration Drug, and Cosmetic Act to provide S. 22 of the Animal and Plant Health Inspection greater access to affordable pharma- At the request of Mr. DASCHLE, the Service of the Department of Agriculture, ceuticals, and for other purposes. name of the Senator from California and for other purposes; to the Committee on Agriculture, Nutrition, and Forestry. S. 8 (Mrs. BOXER) was added as a cosponsor By Mr. ROCKEFELLER (for himself, At the request of Mr. DASCHLE, the of S. 22, a bill to enhance domestic se- Ms. COLLINS, Mr. NELSON of Ne- name of the Senator from California curity, and for other purposes. braska, Mr. SMITH, Mrs. CLINTON, (Mrs. BOXER) was added as a cosponsor S. 27 Mrs. HUTCHISON, and Mr. GRAHAM of of S. 8, a bill to encourage lifelong At the request of Mr. GRASSLEY, the Florida): learning by investing in public schools name of the Senator from Vermont S. 138. A bill to temporarily increase the Federal medical assistance percentage for and improving access to and afford- (Mr. LEAHY) was added as a cosponsor the medicaid program; to the Committee on ability of higher education and job of S. 27, a bill to amend the Packers Finance. training. and Stockyards Act, 1921, to make it By Mr. LIEBERMAN (for himself and S. 9 unlawful for a packer to own, feed, or Mr. MCCAIN): At the request of Mr. DASCHLE, the control livestock intended for slaugh- S. 139. A bill to provide for a program of names of the Senator from Connecticut ter. scientific research on abrupt climate change, S. 32 to accelerate the reduction of greenhouse gas (Mr. DODD) and the Senator from emissions in the United States by estab- Vermont (Mr. LEAHY) were added as co- At the request of Mr. KYL, the name lishing a market-driven system of green- sponsors of S. 9, a bill to amend the In- of the Senator from Arizona (Mr. house gas tradeable allowances that could be ternal Revenue Code of 1986 and the MCCAIN) was added as a cosponsor of S.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S134 CONGRESSIONAL RECORD — SENATE January 9, 2003 32, a bill to establish Institutes to con- STATEMENTS ON INTRODUCED AKAKA, Mr. BIDEN, Mrs. CLINTON, Mr. duct research on the prevention of, and BILLS, TUESDAY, JANUARY 7, 2003 CORZINE, Mr. DAYTON, Mr. DODD, Mr. KENNEDY, Mr. LIEBERMAN, Mr. LEAHY, restoration from, wildfires in forest By Mr. DASCHLE (for himself, Mr. and woodland ecosystems of the inte- Mrs. MURRAY, Mr. SCHUMER, Mr. LAU- KENNEDY, Mr. BIDEN, Mr. LEAHY, Mr. TENBERG, and Mr. REID): rior West. LEVIN, Mr. ROCKEFELLER, Mr. LIEBER- S. 17. A bill to initiate responsible Federal S. 35 MAN, Mr. AKAKA, Mrs. MURRAY, Mr. actions that will reduce the risks from glob- At the request of Mr. DASCHLE, the DURBIN, Mr. SCHUMER, Mrs. CLINTON, al warming and climate change to the econ- name of the Senator from North Da- Mr. CORZINE, Ms. STABENOW, Mr. JEF- omy, the environment, and quality of life, FORDS, and Mr. REID): and for other purposes; to the Committee on kota (Mr. CONRAD) was added as a co- S. 6. A bill to enhance homeland security sponsor of S. 35, a bill to provide eco- Environment and Public Works. and for other purposes; to the Committee on By Mr. DASCHLE (for himself, Mr. nomic security for America’s workers. the Judiciary. KENNEDY, Mr. DODD, Mrs. CLINTON, S. 40 By Mr. DASCHLE (for himself, Mr. Mr. LEAHY, Mr. ROCKEFELLER, Mr. At the request of Mr. LEAHY, his ROCKEFELLER, Ms. STABENOW, Mr. BINGAMAN, Mrs. MURRAY, Mr. LEVIN, name was added as a cosponsor of S. 40, SCHUMER, Mr. KENNEDY, Mrs. CLIN- Mr. DURBIN, Mr. SARBANES, Mr. TON, Mr. AKAKA, Mr. CORZINE, Mr. AKAKA, Mr. SCHUMER, Mr. REED, Mr. a bill to prohibit products that contain DURBIN, Ms. MIKULSKI, Mr. LEAHY, dry ultra-filtered milk products or ca- JOHNSON, Mr. BIDEN, Mr. CORZINE, Mr. LEVIN, Mr. JOHNSON, Mr. REED, Mr. DAYTON, Mr. LAUTENBERG, and sein from being labeled as domestic Mr. SARBANES, Mr. DAYTON, Mr. LAU- Mr. REID): natural cheese, and for other purposes. TENBERG, and Mr. REID): S. 18. A bill to improve early learning op- S. 50 S. 7. A bill to amend title XVIII of the So- portunities and promote preparedness by in- cial Security Act to provide coverage of out- creasing the availability of Head Start pro- At the request of Mr. JOHNSON, the patient prescription drugs under the medi- names of the Senator from Illinois (Mr. grams, to increase the availability and af- care program and to amend the Federal fordability of quality child care, to reduce DURBIN) and the Senator from Min- Food, Drug, and Cosmetic Act to provide child hunger and encourage healthy eating nesota (Mr. DAYTON) were added as co- greater access to affordable pharma- habits, to facilitate parental involvement, sponsors of S. 50, a bill to amend title ceuticals, and for other purposes; to the and for other purposes; to the Committee on 38, United States Code, to provide for a Committee on Finance. Health, Education, Labor, and Pensions. guaranteed adequate level of funding By Mr. DASCHLE (for himself, Mr. By Mr. DASCHLE (for himself, Mr. KENNEDY, Mrs. MURRAY, Ms. MIKUL- for veterans health care, and for other AKAKA, Mr. BAUCUS, Mr. BIDEN, Mr. SKI, Mr. DODD, Mr. BREAUX, Mr. JOHN- purposes. BREAUX, Ms. CANTWELL, Mrs. CLIN- SON, Mr. LEAHY, Mr. ROCKEFELLER, TON, Mr. CORZINE, Mr. DAYTON, Mr. S. 76 Mr. LEVIN, Mr. DURBIN, Mr. SAR- DORGAN, Mr. DURBIN, Mr. HOLLINGS, At the request of Mr. DASCHLE, the BANES, Mrs. CLINTON, Mr. AKAKA, Mr. Mr. JEFFORDS, Mr. JOHNSON, Mr. KEN- names of the Senator from Oregon (Mr. SCHUMER, Mr. BIDEN, Ms. STABENOW, NEDY, Mr. KERRY, Mr. LEAHY, Mr. WYDEN) and the Senator from Iowa Mr. CORZINE, Mr. DAYTON, Mr. LAU- LEVIN, Mrs. MURRAY, Mr. REID, Mr. TENBERG, Mr. REID, and Mr. BAUCUS): (Mr. HARKIN) were added as cosponsors ROCKEFELLER, Mr. SARBANES, Mr. S. 8. A bill to encourage lifelong learning of S. 76, a bill to amend the Fair Labor SCHUMER, and Ms. STABENOW): by investing in public schools and improving S. 19. A bill to amend the Internal Revenue Standards Act of 1938 to provide more access to and affordability of higher edu- effective remedies to victims of dis- Code of 1986 and titles 10 and 38, United cation and job training; to the Committee on States Code, to improve benefits for mem- crimination in the payment of wages Health, Education, Labor, and Pensions. bers of the uniformed services and for vet- on the basis of sex, and for other pur- By Mr. DASCHLE (for himself, Mr. erans, and for other purposes; to the Com- poses. KENNEDY, Mr. BINGAMAN, Ms. MIKUL- mittee on Finance. SKI, Mr. HARKIN, Mrs. CLINTON, Mr. S. 84 By Mr. DASCHLE (for himself, Mr. ROCKEFELLER, Mrs. MURRAY, Mr. KENNEDY, Mr. DODD, Mr. HARKIN, Ms. At the request of Mr. LUGAR, the SCHUMER, Mr. DAYTON, and Mr. REID): MIKULSKI, Mrs. MURRAY, Mr. name of the Senator from Indiana (Mr. S. 9. A bill to amend the Internal Revenue EDWARDS, Mrs. CLINTON, Mr. AKAKA, BAYH) was added as a cosponsor of S. Code of 1986 and the Employee Retirement Mr. BAYH, Mr. BIDEN, Mr. BYRD, Ms. Income Security Act of 1974 to protect the 84, a bill to authorize the President to CANTWELL, Mr. CARPER, Mr. CORZINE, retirement security of American workers by promote posthumously the late Ray- Mr. DAYTON, Mr. DURBIN, Mr. FEIN- ensuring that pension assets are adequately mond Ames Spruance to the grade of GOLD, Mrs. FEINSTEIN, Mr. KERRY, Mr. diversified and by providing workers with KOHL, Mr. LEAHY, Mr. LEVIN, Mr. LIE- Fleet Admiral of the United States adequate access to, and information about, BERMAN, Mr. REID, Mr. ROCKEFELLER, Navy, and for other purposes. their pension plans, and for other purposes; Mr. SARBANES, Mr. SCHUMER, Ms. S. 85 to the Committee on Finance. STABENOW, Mr. WYDEN, Mr. LAUTEN- By Mr. DASCHLE (for himself, Mr. At the request of Mr. LEAHY, his BERG, Ms. LANDRIEU, Mrs. BOXER, and KENNEDY, Ms. STABENOW, Mrs. CLIN- name was added as a cosponsor of S. 85, Mr. PRYOR): TON, Mr. SCHUMER, Mrs. MURRAY, Mr. a bill to amend the Internal Revenue S. 20. A bill to amend the Fair Labor CORZINE, Mr. DURBIN, Mr. LIEBERMAN, Code of 1986 to provide for a charitable Standards Act of 1938 to provide for an in- Ms. MIKULSKI, Mr. LEVIN, Mr. ROCKE- crease in the Federal minimum wage; to the deduction for contributions of food in- FELLER, Mr. AKAKA, Mr. JOHNSON, Mr. Committee on Health, Education, Labor, and ventory. SARBANES, Mr. DAYTON, Mr. LAUTEN- Pensions. S. 85 BERG, Mr. LEAHY, Mr. REID, and Mr. f At the request of Mr. LUGAR, the PRYOR): names of the Senator from Missouri S. 10. A bill to protect consumers in man- DEMOCRATIC LEADERSHIP PRIOR- aged care plans and other health coverage, to ITIES FOR THE 108TH CONGRESS (Mr. BOND), the Senator from Mis- provide for parity with respect to mental sissippi (Mr. COCHRAN) and the Senator health coverage, to reduce medical errors, Mr. DASCHLE. Mr. President, offi- from Nevada (Mr. ENSIGN) were added and to increase the access of individuals to cially, the Congress that ended in De- as cosponsors of S. 85, supra. quality health care; to the Committee on Fi- cember was the 107th Congress. But S. 104 nance. history will almost surely record it as By Mr. DASCHLE (for himself, Mr. At the request of Mr. HOLLINGS, the the September 11th Congress. From the LEAHY, Mr. KENNEDY, Mr. BIDEN, Mr. names of the Senator from Nebraska moment the first plane hit the first SCHUMER, Mr. DURBIN, Mr. EDWARDS, (Mr. NELSON), the Senator from Massa- Mr. AKAKA, Mrs. CLINTON, Mr. tower until the last moments of the chusetts (Mr. KERRY), the Senator from CORZINE, Mr. DAYTON, Mr. HARKIN, lameduck session, helping America re- Hawaii (Mr. INOUYE), the Senator from Ms. LANDRIEU, Mr. LEVIN, Mr. LIE- cover from that horrific day, bringing California (Mrs. FEINSTEIN) and the BERMAN, Ms. MIKULSKI, Mrs. MURRAY, its plotters to justice and making Senator from Mississippi (Mr. COCH- Mr. ROCKEFELLER, Mr. SARBANES, Ms. changes to protect America from fu- RAN) were added as cosponsors of S. 104, STABENOW, Mr. LAUTENBERG, and Mr. ture terrorist attacks dominated the a bill to establish a national rail pas- REID): Senate’s agenda. S. 16. A bill to protect the civil rights of all senger transportation system, reau- Americans, and for other purposes; to the We continued that work—even as we thorize Amtrak, improve security and Committee on Finance. confronted unprecedented challenges in service on Amtrak, and for other pur- By Mr. DASCHLE (for himself, Mr. the Senate: anthrax, the rise of new poses. JEFFORDS, Mrs. FEINSTEIN, Mr. threats to our Nation, and the loss of

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S135 our friend and colleague, Paul It has been said that almost every seen that when it comes to protecting Wellstone. problem any society faces can be equal rights, we still have a lot of work Through tragic and historic events, solved with two things: good health, to do in changing hearts, minds, and the 107th Senate under Democratic and a good education—and we have laws. control produced a number of impor- bills in each of those areas. That is why we are introducing The tant legislative accomplishments: avia- The Right Start for Children Act Equal Rights and Equal Dignity for tion security and counterterrorism leg- makes Head Start fully available for 4- Americans Act. This bill will enforce islation; the toughest corporate ac- and 5-year-olds, and increases avail- employment nondiscrimination, fund countability law since the SEC was ability for infants and toddlers. It will the election-reform measures we created in 1934; the most far-reaching help improve childcare quality, make passed last year, outlaw hate crimes, campaign finance reforms since Water- childcare more affordable for 1 million and take other steps to see that as a gate; the most significant overhaul of additional children, and strengthen nation, we live up to the promise of Federal education policies since 1965; child nutrition programs to reduce equal rights. and a new farm bill to replace the child hunger. I hope those Republicans who have failed Freedom to Farm Act. The Educational Excellence for All recently expressed their support for However, other important legislation Learners Act builds on that foundation civil rights will join us in expressing fell victim to special-interest arm- by improving education every step of their support for this legislation. I also twisting, and the other party’s unwill- the way—from kindergarten, to col- hope they will join us in supporting our ingness to compromise on their pro- lege, to lifelong learning. It makes sure bill to combat drug and gun violence, posals, or even consider ours. We saw that we match the real reforms we to crack down on new crimes like iden- that on proposals to dedicate greater passed last year with the real resources tity theft, and to protect against and resources to homeland security, a they demand. It will help us recruit, prevent crimes against children and Medicare prescription drug benefit, and hire, and train qualified teachers, build seniors. a real, enforceable patients’ bill of new schools, and make college and job We also need to ensure greater dig- rights. training more affordable and more nity for our minimum wage workers, The proposals we are introducing available. our farmers, and our veterans. The pur- today recognize that the American peo- President Bush pledged to leave no chasing power of the minimum wage is ple have real concerns about their se- child behind, and then proposed more now the lowest it has been in more curity, and that Republicans and the than a billion dollars of education cuts. than 30 years. And a full-time min- Bush administration have not done We are proposing to put our money imum wage income won’t get you over enough to address those concerns. where the Republicans’ mouths are— the poverty line. If we can afford over But they also recognize that security a trillion dollars in tax cuts for those and help secure a good start, a good means more than national security, at the top of the income scale, we can education, and good prospects for all and homeland security. It means eco- afford a dollar fifty more an hour for nomic security, retirement security, Americans. When it comes to health care, it was those at the bottom. and the security of knowing that our We need to help our rural economy, an outrage that 40 million Americans children are getting a good education, and help those impacted by a drought were uninsured 2 years ago. In the past and that, if you get sick, health care is and other natural disasters that are available and affordable. It means giv- year, over 1 million more Americans being called among the costliest for aging people who work fulltime the secu- have lost health insurance. And those ricultural producers in our Nation’s rity of knowing they can earn a decent who are lucky enough to have health history. wage—whether they work on a farm, in insurance are seeing their premiums And we need to maintain our com- a factory, or at a fast-food restaurant. skyrocket. mitment to those currently serving, It is the security of knowing that our With the Health Care Coverage Ex- and keep our promises to our veterans. air is safe to breathe and our water is pansion and Quality Improvement Act, One way we do that is by allowing our safe to drink, that America is living up we hope to reduce the number of unin- wounded veterans to receive both their to its commitment to civil rights, and sured by making health care coverage full disability and retirement benefits. that we are keeping our promises to more available to small businesses, Another way is by addressing the cur- our veterans. parents of children eligible for CHIP rent crisis in veterans’ health care. Democrats are committed to tack- and Medicaid, pregnant women, and With each of these proposals—we stand ling terrorism abroad, and making our others. with the leading veterans organiza- country more secure. We also want to improve the quality tions, and for those who served our One of our first priorities will be to of care people receive by overcoming country. make Americans safer by enhancing Republican resistance to a real, en- Finally, we are committed to stop- protections for our ports, borders, food forceable, patients’ bill of rights. ping what is adding up to an all-out as- and water supplies, and chemical and We will also insist that mental ill- sault on our environment. By unilater- nuclear plants. ness be treated like any other illness— ally abandoning the Kyoto process, the We are introducing a bill to commit something that will not only honor Bush administration took us out of po- real resources to doing all of those Paul Wellstone’s legacy, but also help sition to lead the world on the issue of things, and to hiring more police and millions of families. climate change. The Global Climate first responders and providing them the We are also committed to passing a Security Act will help America re- tools and training to do the difficult prescription drug benefit under Medi- assert our position of world leadership jobs we are now asking them to do. care, and lowering the price of pre- on this vital issue of world health. We also recognize that national scription drugs for all Americans. Last Each of these things is relevant, not strength also depends on economic year, we passed a bill to lower the price revolutionary. If they seem familiar, it strength, and in the last 2 years, Amer- of generic drugs, but the House refused is because most of what is in them has ica’s economy has weakened. In the to take it up. And we had 52 Senators been introduced before. coming weeks, we will put forward our support our Medicare prescription drug But they are not law, despite the sup- ideas for how best to stimulate the benefit—but it was blocked on a proce- port of the American people and, in economy in the short term. dural motion. some cases, a bipartisan majority of But, in the long term, one of the The high cost of prescription drugs— Senators. most important things we can do is combined with the increasing need for They have been opposed by an ex- give people greater confidence that such drugs—is destroying the life sav- treme few, and their special interest their private pensions will be there for ings—and threatening the dignity—of supporters. And while those bills have them. That is why another of our lead- millions of older Americans. And that languished, we have seen the rise of ership bills is one to strengthen pen- is simply unacceptable. more threats to our country; more peo- sion protections, expand pension cov- A couple of months ago in elections ple have lost their jobs and their erage, and crack down on rogue cor- all across the country, and in words health care; and more of our national porations. spoken here in the Senate, we have challenges have gone unmet.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S136 CONGRESSIONAL RECORD — SENATE January 9, 2003 These are our priorities. In the last against terrorists, and to improve the As a former State prosecutor, I know couple of days, the President has made administration of justice throughout that public safety officers are often the clear his priorities—more tax cuts for the country. first responders to a crime. On Sep- those who need them least. This bill shows the way to making tember 11, the Nation saw that the first The President’s plan won’t help mid- Americans safer. That objective will on the scene were the heroic fire- dle income families. It won’t con- not be achieved by partisan posturing, fighters, police officers and emergency tribute to economic growth; it won’t ‘‘tough on crime’’ rhetoric, and a few personnel in New York City. These make our homeland more secure; it executions. It will be achieved by giv- real-life heroes, many of whom gave won’t expand educational opportunity ing law enforcement the tools they the ultimate sacrifice, remind us of for the young, or strengthen health need to do their job, focusing on both how important it is to support our care for the elderly. immediate and long-term threats we State and local public safety partners. Instead—by putting us deeper into face, and protecting the most vulner- Subtitle A of title I of the Justice deficit and debt—it makes all of these able in our society. Enhancement and Domestic Security things, and all of our other goals, hard- Most importantly, we should not di- Act establishes a First Responders er to achieve. vert all our attention to fighting for- Partnership Grant program, which will Our bills will help us create an Amer- eign terrorism and foreign wars only to provide $4 billion in annual grants for ica that is stronger, safer, and better discover that the safety of Americans each of the next three years to support for all Americans—and I hope my col- at home is jeopardized by losing the our State and local law enforcement of- leagues will join me in supporting fight on crime. Unfortunately, the ris- ficers in the war against terrorism. them. ing crime rate shows the risk of not First Responder Grants will be made paying attention to the domestic crime directly to State and local govern- By Mr. DASCHLE (for himself, issue. The safety of our schools, homes, ments and Indian tribes for equipment, Mr. LEAHY, Mr. BIDEN, Mr. KEN- streets, neighborhoods and commu- training and facilities to support public NEDY, Mr. SCHUMER, Mr. DUR- nities cannot become a casualty of the safety officers in their efforts to pro- BIN, Mrs. CLINTON, Mrs. MUR- economic downturn and our inter- tect homeland security and prevent RAY, Mr. DAYTON, Mr. CORZINE, national engagements. and respond to acts of terrorism. and Mr. REED): Among other things, the bill does the Grants may be used to pay up to 90 per- S. 22. A bill to enhance domestic se- following: Provides $12 billion over cent of the cost of the equipment, curity, and for other purposes; to the three years to support public safety of- training or facility, and each State will Committee on the Judiciary. ficers in their efforts to protect home- be guaranteed a fair minimum amount. Mr. LEAHY. Mr. President, I am land security and prevent and respond This is essential Federal support that pleased today to join Senator DASCHLE to acts of terrorism. Increases border our State and local public safety offi- and other Democratic Senators in in- security by authorizing funds for addi- cers need and deserve. troducing the Justice Enhancement tional INS personnel and technology. Our State and local public safety law and Domestic Security Act of 2003. Provides statutory authority for the enforcement partners welcome the This comprehensive crime bill builds President to use military tribunals to challenge to join in our national mis- on prior Democratic crime initiatives, try suspected terrorists in appropriate sion to protect our homeland security. including the landmark Violent Crime circumstances. Targets crime against But we cannot ask State and local law Control and Law Enforcement Act of the most vulnerable members of our so- enforcement officers, firefighters and 1994, that worked to bring the crime ciety: children and senior citizens. emergency personnel to assume these rate down. Combats the insidious crime of iden- new national responsibilities without This year marked an unfortunate tity theft. Provides enhanced rights also providing new Federal support. turn after a decade of remarkable de- and protections for crime victims. Ex- The First Responders Partnership clines in the Nation’s crime rate. The tends the COPS program and author- Grants will provide the necessary Fed- decade of progress we made under the izes law enforcement improvement and eral support for our State and public training grants for rural communities. leadership of a Democratic President safety officers to serve as full partners Increases funding to reduce the back- helped revitalize our cities and restore in our fight to protect homeland secu- log of untested DNA evidence in the a sense of security for millions of rity and respond to acts of terrorism. Nation’s crime labs. Proposes impor- Americans. According to the latest FBI BORDER SECURITY tant reforms to FBI policies on whis- report, however, the number of mur- Subtitle B of title I provides for addi- tleblowers and other issues critical to ders, rapes, robberies, assaults, and tional increases in INS personnel and our security. Cracks down on war property crimes is up across the United improvements in INS technology to criminals from other nations seeking States in all regions of the country ex- guard our borders. Just in the last few sanctuary in the United States. Pro- cept the Northeast, the first year-to- weeks, we have seen reports suggesting tects against the execution of innocent that numerous aliens crossed our year increase since 1991. This upswing individuals. has been fueled by the faltering econ- In sum, the bill represents an impor- Northern border illegally with the in- omy and high unemployment rates. tant next step in the continuing effort tention of planning terrorist act. The President’s ill-conceived tax cut in by Senate Democrats to enhance home- Through the USA PATRIOT Act and 2001, along with the new cuts he pro- land security and to enact tough yet the Enhanced Border Security and Visa poses now, are likely to exacerbate balanced reforms to our criminal jus- Reform Act, we have attempted to bol- these economic woes by plunging us tice system. ster our borders by creating additional deeper into deficit spending. I should note that the bill contains positions. But our work is not done. It is troubling that, at this crucial no new death penalties and no new or This legislation would authorize such moment, the Bush Administration is increased mandatory minimum sen- sums as may be necessary for the INS proposing to reduce by nearly 80 per- tences. We can be tough without im- to hire an additional 250 inspectors and cent the Community Oriented Policing posing the death penalty, and we can associated support staff, and an addi- Services, COPS, program that has ensure swift and certain punishment tional 250 investigative staff and asso- helped to put 115,000 new police officers without removing all discretion from ciated support staff, during each fiscal on the beat since 1994. I believe that we the judge at sentencing. year through FY2007. It would also au- must fight to maintain and extend the As we provide the necessary tools for thorize $250 million to the INS for the COPS program, which has proven its Federal law enforcement officials to purposes of making improvements in value in increasing the security of our protect our homeland security, we technology for improving border secu- cities, towns, and neighborhoods. must remember that State and local rity and facilitating the flow of com- The Justice Enhancement and Do- law enforcement officers, firefighters merce and persons at ports of entry, in- mestic Security Act is designed to get and emergency personnel are our full cluding improving and expanding pro- our Nation’s crime rates moving down- partners in preventing, investigating grams for preenrollment and ward, in the right direction, again. It and responding to criminal and ter- preclearance. Finally, this subtitle re- also aims to bolster our security rorist acts. quires the Attorney General to report

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S137 to Congress about the Department’s convictions they might yield, while at or in the newspapers photo after photo implementation of the border improve- the same time showing the world that of missing children from every corner ments we have already legislated, and we will fight terrorists without sacri- of the Nation. As the father of three about his recommendations for any ad- ficing our principles. Children, as well as a grandfather of ditional improvements. Title I of our bill would also provide two, I know that an abducted child is a MILITARY TRIBUNAL AUTHORIZATION ACT a new tool for law enforcement to deal parent’s or grandparent’s worst night- On November 13, 2001, President Bush with the problem of serious hoaxes and mare. signed a military order authorizing the malicious false reports relating to the Unfortunately, it appears this night- use of military commissions to try sus- use of biological, chemical, nuclear, or mare occurs all too often. Indeed, the pected terrorists. This order stimu- other weapons of mass destruction. Justice Department estimates that the lated an important national debate and These so-called ‘‘hoaxes’’ inflict both number of children taken by strangers led to a series of Judiciary Committee mental and economic damage on vic- annually is between 3,000 and 4,000. hearings with the Attorney General tims. They drain away scarce law en- These parents and grandparents, as and others to discuss the many legal, forcement resources from the inves- well as the precious children, deserve constitutional, and policy questions tigation of real terrorist activity. They the assistance of the American people raised by the use of such tribunals. Our interrupt vital communication facili- and helping hand of the Congress. hearings, and the continued public dis- ties. Finally, they feed a public fear The AMBER Plan was created as a course, helped to clarify the scope of that the vast majority of law abiding reaction to the kidnapping and brutal the President’s order and better define Americans are working hard to dispel. murder of 9-year-old Amber Hagerman the terms of the debate. Federal, State, and local law enforce- of Arlington, Texas, By coordinating Administration officials have taken ment already have statutes which they their efforts, law enforcement, emer- the position that the President does have been using aggressively to pros- gency management and transportation not need the sanction of Congress to ecute those who have taken advantage agencies, radio and television stations, convene military commissions, but I of these times to perpetrate hoaxes and cable systems have worked to de- disagree. Military tribunals may be ap- about anthrax contamination. Existing velop an innovative early warning sys- propriate under certain circumstances, statutes create serious penalties for tem to help find abducted children by broadcasting information including de- but only if they are backed by specific threats to use biological, chemical, or scriptions and pictures of the missing congressional authorization. At a min- nuclear weapons, for sending any child, the suspected abductor, a sus- imum, as the distinguished senior sen- threatening communication through pected vehicle, and any other informa- ator from Pennsylvania stated on this the mail, or for making a willful false tion available and valuable to identi- floor on November 15, ‘‘the executive statement of Federal authorities. In- fying the child and suspect to the pub- will be immeasurably strengthened if deed, current Federal threat laws do the Congress backs the President.’’ lic as speedily as possible. not require that the defendant have ei- The AMBER Alert system’s popu- Clearly, our government is at its ther the intent or present ability to larity has raced across the United strongest when the executive and legis- carry out a threat. However, while States: since the original AMBER Plan lative branches of government act in they carry high penalties, including a was established in 1996, 55 modified concert. maximum of life imprisonment, these versions have been adopted at local, re- Subtitle C of title I, the Military Tri- statutes can sometimes be awkward gional, and statewide levels. Eighteen bunal Authorization Act of 2003 would when applied in the hoax context. States have already implemented provide the executive branch with the The Justice Enhancement and Do- statewide plans. It is also a proven suc- specific authorization it now lacks to mestic Security Act provides a well- cess: to date, the AMBER Plan has use extraordinary tribunals to try tailored statute that deals specifically been credited with recovering 30 chil- members of the al Qaeda terrorist net- with the problem of biological, chem- dren. work and those who cooperated with ical, nuclear and other mass destruc- The National AMBER Alert Network them. Specifically, this legislation au- tion hoaxes. For instance, it gives pros- Act of 2003 directs the Attorney Gen- thorizes the use of ‘‘extraordinary tri- ecutors a means to distinguish between eral, in cooperation with the Secretary bunals’’ for al Qaeda members and for a person who is actually threatening to of Transportation and the Chairman of persons aiding and abetting al Qaeda in use anthrax on a victim, and a person the Federal Communications Commis- terrorist activities against the United who never intends to use it, but wants sion, to appoint a Justice Department States who are apprehended in, or flee- the victim or the police to think they National AMBER Alert Coordinator to ing from, Afghanistan. It also author- have done so. Another provision pro- oversee the Alert’s communication net- izes the use of tribunals for those al vides for mandatory restitution to any work for abducted children. The Qaeda members and abettors who are victim of these crimes, including the AMBER Alert Coordinator will work captured in any other place where costs of any and all government re- with States, broadcasters, and law en- there is armed conflict involving the sponse to the hoax. An earlier Adminis- forcement agencies to set up AMBER U.S. Armed Forces. tration proposal, offered during the de- plans, serve as a point of contact to The Military Tribunal Authorization bate over the terrorism bill, would supplement existing AMBER plans, and Act defines the jurisdiction and proce- have limited such restitution to the facilitate regional coordination of dure of tribunals in a way that ensures Federal government. As we know all AMBER alerts. In addition, the a ‘‘full and fair’’ trial for anyone de- too well from recent events, however, AMBER Alert Coordinator will work tained. It incorporates basic due proc- it is State and local authorities, along with the FCC, local broadcasters, and ess guarantees, including the right to with private victims, who are often the local law enforcement agencies to es- independent counsel. These procedures first responders and primary victims tablish minimum standards for the do not as some have claimed provide when these incidents occur. Our bill issuance of AMBER alerts and for the greater protections to suspected terror- provides a mechanism so that they, extent of their dissemination. In sum, ists than we offer our own soldiers. too, can be reimbursed for their ex- our bill will help kidnap victims while These are rather, the very basic guar- penses. preserving flexibility for the States in antees provided under various sources The second title of the Justice En- implementing the Alert system. of international law. Finally, the bill hancement and Domestic Security Act Because developing and enhancing comes down squarely on the side of contains a several proposals aimed at the AMBER Alert system is a costly transparency in government by pro- protecting the most vulnerable mem- endeavor for States to take on alone, viding that tribunal proceedings should bers of our society: children and sen- our bill establishes two Federal grant be open and public, and include public iors. programs to share the burden. First, availability of the transcripts of the First, part 1 of subtitle A would en- the bill creates a Federal grant pro- trial and the pronouncement of judg- hance the operation of the AMBER gram, under the direction of the Sec- ment. Passage of authorizing legisla- Alert communications network in retary of Transportation, for statewide tion would ensure the constitutionality order to aid the recovery of abducted notification and communications sys- of military tribunals and protect any children. It is disturbing to see on TV tems, including electronic message

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S138 CONGRESSIONAL RECORD — SENATE January 9, 2003 boards and road signs, along highways recovery. It also manages a national their confinement and appropriate ac- for alerts and other information re- Child Pornography Tipline to handle cess to educational, vocational, and garding abducted children. Second, the calls from individuals reporting the health programs. Improving conditions bill establishes a grant program man- sexual exploitation of children through for juveniles today will improve the aged by the Attorney General for the the production and distribution of por- public safety in the future, as juveniles support of AMBER Alert communica- nography and a CyberTipline to process who are not exposed to adult inmates tions plans with law enforcement agen- online leads from individuals reporting have a lower likelihood of committing cies and others in the community. the sexual exploitation of children. It future crimes. Similar legislation was proposed in has taken the lead in circulating mil- As a Nation, we increasingly rely on the last Congress by Senators FEIN- lions of photographs of missing chil- adult facilities to house juveniles. STEIN and HUTCHISON and approved by dren, and serves as a vital resource for Nearly all of our States house juveniles both the Senate Judiciary Committee the 17,000 law enforcement agencies lo- in adult jails and prisons, and only half and the full Senate by unanimous con- cated throughout the United States. maintain designated youthful offender sent only one week after introduction. Today, the NCMEC is truly a na- housing units. I believe that there is a When the bill passed, it had garnered 41 tional organization, with its head- will in the States to improve condi- cosponsors from both sides of the aisle. quarters in Alexandria, Virginia and tions for these juveniles, but resources Unfortunately, despite our great ef- branch offices in five other locations are often lacking. The Federal Govern- forts to have the bill passed on its own throughout the country to provide ment can play a useful role by pro- merits, the House failed to pass it as a hands-on assistance to families of viding funding to States that want to stand-alone bill. Instead, it was in- missing children and conduct an array take account of the differences be- cluded in a larger package of bills of prevention and awareness programs. tween juveniles and adults. dubbed the Child Abduction Prevention It has also grown into an international Although many juvenile offenders Act, introduced by Judiciary Com- organization, establishing the Inter- serving time in adult prisons have committed extraordinarily serious of- mittee Chairman SENSENBRENNER. national Division of the National Cen- fenses, others are there because of rel- Most of the incorporated bills had ter for Missing and Exploited Children, atively minor crimes and will be re- passed the House but were stalled in which works to fulfill the Hague Con- leased at a young age. Certainly, many the Senate due to controversial lan- vention on the Civil Aspects of Inter- of these juveniles can be convinced not guage. national Child Abduction. The Inter- to commit further crimes. The social Our Nation’s children, parents, and national Division provides assistance and moral cost of not making that at- grandparents deserve our help to stop to parents, law enforcement, attorneys, the disturbing trend of child abduc- tempt is simply incalculable. nonprofit organizations, and other con- Many scholars have questioned tions. The AMBER Alert National Net- cerned individuals who are seeking as- whether housing juvenile offenders work Act ensures that our communica- sistance in preventing or resolving with adult inmates serves our long- tions systems help rescue abducted international child abductions. term interest in public safety. Multiple children from kidnappers and return The NCMEC manages to do all of this studies have shown that youth trans- them safely to their families. good work with only a $10 million an- ferred to the adult system recidivate at Subtitle A of title II also includes the nual grant, which expired at the end of higher rates and with more serious of- Protecting Our Children Comes First fiscal year 2002. We should act now fenses than youth who have committed Act of 2003, which would double funding both to extend its authorization and similar offenses but are retained in the for the National Center for Missing and increase the center’s funding to $20 juvenile justice system. We must en- Exploited Children, (NCMEC), reau- million each year through fiscal year sure that juveniles are treated hu- thorize the Center through fiscal year 2006 so that it can continue to help manely in the criminal justice system 2006, and increase Federal support to keep children safe and families intact to reduce the risks that upon release help NCMEC programs find missing around the nation. There is so much they will commit additional and more children. more to be done to ensure the safety of serious crimes. One of the ways we can As the Nation’s top resource center our children, and this provision will do that is by helping States improve for child protection, the NCMEC spear- help the Center in its efforts to prevent confinement conditions. heads national efforts to locate and re- crimes that are committed against Our bill creates a new incentive cover missing children and raises pub- them. grant program for State and local gov- lic awareness about ways to prevent The Protecting Our Children Comes ernments and Indian tribes. These child abduction, molestation, and sex- First Act also increases Federal sup- grants can be used for the following ual exploitation, As a national voice port of NCMEC programs to find miss- purposes related to juveniles under the and advocate for those too young to ing children by allowing the U.S. Se- jurisdiction of an adult criminal court: vote or speak up for their own rights, cret Service to provide forensic and in- 1. alter existing correctional facilities, the NCMEC works to make our chil- vestigative support to the NCMEC. In or develop separate facilities, to pro- dren safer. The Center operates under a addition, it facilitates information vide segregated facilities for them; 2. Congressional mandate and works in sharing by allowing Federal authori- provide orientation and ongoing train- cooperation with the Justice Depart- ties to share the facts or circumstances ing for correctional staff supervising ment’s Office of Juvenile Justice and of sexual exploitation crimes against them; 3. provide monitors who will re- Delinquency Prevention in coordi- children with State authorities with- port on their treatment; and 4. provide nating the efforts of law enforcement out a court order, and by allowing the them with access to educational pro- officers, social service agencies, elected NCMEC to make reports directly to grams, vocational training, mental and officials, judges, prosecutors, edu- State and local law enforcement offi- physical health assessment and treat- cators, and the public and private sec- cials instead of only through Federal ment, and drug treatment. Grants can tors to break the cycle of violence that agencies. also be used to seek alternatives to historically has perpetuated such need- I applaud the ongoing work of the housing juveniles with adult inmates, less crimes against children. NCMEC and hope both the Senate and including the expansion of juvenile fa- NCMEC professionals have disturb- the House of Representatives will sup- cilities. ingly busy jobs, they have worked on port this effort to provide more Federal It is important to note that States more than 90,000 cases of missing and support for the Center to continue to that choose not to house juveniles who exploited children since its 1984 found- find missing children and protect ex- are convicted as adults with adult in- ing, helping to recover more than 66,000 ploited children across the country. mates are still eligible for grants under children. The Center raised its recov- Finally, subtitle A of title II address- this bill. For example, they could use ery rate from 60 percent in the 1980s to es the problems caused by housing ju- the money to train staff, or to provide 94 percent today. It set up a nation- veniles who are prosecuted in the education or other program for juve- wide, toll free, 24-hour telephone hot- criminal justice system in adult cor- niles, or to improve juvenile facilities. line to take reports about missing chil- rectional facilities. It assists the In addition to these grants, part 5 of dren and clues that might lead to their States in providing safe conditions for subtitle II reauthorizes the Family

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S139 Unity Demonstration Project, which mission that if you commit a crime prosecutor and the victim to assert the provides funding for projects allowing against someone who is old and vulner- right of the victim to attend and ob- eligible prisoners who are parents to able, you should get a longer sentence. serve the trial. live in structured, community-based We want to fight health care fraud Assuring that victims are provided centers with their young children. A and pension fraud because these are their statutorily guaranteed rights is a study by the Bureau of Justice Statis- benefits that older Americans have critical concern for all those involved tics found that about two-third of in- earned and that they count on every- in the administration of justice. That carcerated women were parents of chil- day. We must do more to prevent is why the bill establishes an adminis- dren under 18 years old. According to crooks from robbing seniors of their se- trative authority in the Department of the White House, on any given day, curity. That is why we want to create Justice to receive and investigate vic- America is home to 1.5 million children new criminal penalties for pension tims’ claims of unlawful or inappro- of prisoners. And according to Prison fraud and give law enforcement more priate action on the part of criminal Fellowship Industries, more than half tools to root out and stop health care justice and victims’ service providers. of the juveniles in custody in the fraud. Department of Justice employees who United States had an immediate family The third title of the Justice En- fail to comply with the law pertaining member behind bars. This is a serious hancement and Domestic Security Act to the treatment of crime victims problem that reauthorizing the Family contains important provisions to pre- could face disciplinary sanctions, in- Unity Demonstration Project will help vent and punish identify theft, a crime cluding suspension or termination of to address. that victimizes thousands of Ameri- employment. The remainder of title II includes a cans every year. Once a skilled scam In addition to these improvements to number of provisions designed to im- artist gets his hands on a consumer’s the Federal system, the bill proposes prove the safety and security of older Social Security or bank account num- several programs to help States pro- Americans. ber, he can wreak unimaginable havoc vide better assistance for victims of During the 1990s, while overall crime on a family’s finances. State crimes. These programs would rates dropped throughout the nation With society conducting more and improve compliance with State vic- the rate of crime against seniors re- more of its business electronically, the tim’s rights laws, promote the develop- mained constant. In addition to the in- incidence of identity theft in America ment of state-of-the-art notification creased vulnerability of some seniors is on the rise. In 2001, the Federal systems to keep victims informed of to violent crime, older Americans are Trade Commission consumer hotline case developments and important dates increasingly targeted by swindlers received 86,000 complaints of identity on a timely and efficient basis, and en- looking to take advantage of them theft. Through the first six months of courage further experimentation with through telemarketing schemes, pen- 2002, it received 70,000 such complaints. the community-based restorative justice model in the juvenile court set- sion fraud, and health care fraud. We These complaints are mainly from peo- ting. The bill also provides assistance must strengthen the hand of law en- ple who have been hurt by identify for shelters and transitional housing forcement to combat those criminals theft, but thousands of others come from consumers worried about becom- for victims of domestic violence. who plunder the savings that older Of particular significance, title III ing an identity thief’s next victim. Americans have worked their lifetime would eliminate the cap on distribu- to earn. Subtitle B of title II of our Our bill would help identity theft victims restore their credit ratings and tions from the Crime Victims Fund, bill, the Seniors Safety Act of 2003, which has prevented millions of dollars tries to do exactly that, through a reclaim their good names. It gives victims the tools they need, such as the in Fund deposits from reaching victims comprehensive package of proposals to and supporting essential services. With right to obtain relevant business establish new protections and increase violent crime on the increase and State records and the ability to have fraudu- penalties for a wide variety of crimes governments struggling to overcome lent charges blocked from reporting in against seniors. growing budget deficits, crime victim their consumer credit reports. It also This legislation addresses the most compensation and assistance programs includes provisions designed to thwart prevalent crimes perpetrated against are facing dire threats to their fiscal identity theft, for example by requiring seniors, containing proposals to reduce stability. We should not be imposing credit card companies to notify con- health care fraud and abuse, combat artificial caps on spending from the sumers of any change of address re- nursing home fraud and abuse, prevent Crime Victims Fund while substantial quest on an existing credit account, by telemarketing fraud, and safeguard needs remain unmet. Our bill proposes pension and employee benefit plans ensuring that credit card receipts no replacing the cap with a self-regulating from fraud, bribery, and graft. In addi- longer bear the expiration date or more formula, which would ensure stability tion, this legislation would help seniors than the last five digits of the cus- and protection of Fund assets, while al- obtain restitution if their pension tomer’s credit card number, and by en- lowing more money to go out to the plans are defrauded. titling every citizen to a free credit re- States for victim compensation and as- Many of the proposals in this legisla- port once per year upon request. Fi- sistance. tion are just common sense. For exam- nally, it includes important provisions While we have greatly improved our ple, we would authorize the Attorney to prevent Social Security numbers crime victims programs and made ad- General to block telephone service to from being sold, or published without vances in recognizing crime victims people using it to commit tele- express consent. rights, we still have more to do. The marketing fraud. We would also estab- Title III also represents the next step Justice Enhancement and Domestic Se- lish a ‘‘Better Business Bureau’’ style in Senate Democrats’ continuing ef- curity Act would help make victims’ clearinghouse at the Federal Trade forts to afford dignity and recognition rights a reality. Commission, so that senior citizens to victims of crime. It provides for Title IV of the bill includes proposals and their families could call and find comprehensive reform of the Federal for supporting Federal, State and local out whether a telemarketer who was law to establish enhanced rights and law enforcement and promoting the ef- bothering them had a criminal record protections for victims of Federal fective administration of justice. or had received past complaints. crime. Among other things, it provides An important element of this effort We would make it a new criminal of- crime victims the right to consult with is the COPS program. As noted earlier, fense to engage in multiple willful vio- the prosecution prior to detention the Bush Administration has proposed lations of the regulations or laws that hearings and the entry of plea agree- to cut the COPS program by nearly 80 protect nursing home residents. We ments, and generally requires the percent, despite the success of this pro- would also protect employees at nurs- courts to give greater consideration to gram in putting 115,000 new police offi- ing homes who blow the whistle on the the views and interests of the victim at cers on the beat since 1994. Title IV ex- mistreatment of residents by giving all stages of the criminal justice proc- tends the COPS program through fiscal them the power to bring a lawsuit for ess. Responding to concerns raised by year 2008, authorizing funding to de- damages if they get fired as a result. victims of the Oklahoma City bombing, ploy up to 50,000 additional police offi- And we would tell the Sentencing Com- the bill would provide standing for the cers, 10,000 additional prosecutors, and

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S140 CONGRESSIONAL RECORD — SENATE January 9, 2003 10,000 defense attorneys for indigents. and its exceptional technical capabili- Our bill addresses each of these chal- It also authorizes $15 million per year ties. We owe the men and women of the lenges. It strengthens whistleblower for five years to help rural commu- FBI our thanks. protection for FBI employees and pro- nities retain officers hired through the For decades the FBI has been out- tects them from retaliation for report- COPS program for an additional year. standing law enforcement agency and a ing wrongdoing. It addresses the issue In addition, title IV includes the vital member of the United States in- of a double standard for discipline of Hometown Heroes Survivors Benefits telligence community. As our hearings senior executives by eliminating the Act, which would effectively erase any and recent events have shown, how- disparity in authorized punishments distinction between traumatic and oc- ever, there is room for improvement at between Senior Executive Service cupational injuries when surviving the FBI. We must face the mistakes of members and other federal employees. families apply to the U.S. Department the past, and make the changes needed It establishes an FBI Counterintel- of Justice Public Safety Officers Bene- to ensure that they are not repeated. In ligence Polygraph Program for screen- fits, PSOB, Program. The PSOB fund meeting the international terrorist ing personnel in exceptionally sen- currently pays just over $260,000 to challenge, the Congress has an oppor- sitive positions with specific safe- families of firefighters, police officers tunity and obligation to strengthen the guards, and an FBI Career Security and emergency medical technicians institutional fiber of the FBI based on Program, which would bring the FBI who die in the line of duty. The sur- lessons learned from recent problems into line with other U.S. intelligence vivors of emergency responders who die the Bureau has experienced. agencies that have strong career secu- The view is not mine alone. When Di- of heart attacks while performing in rity professional cadres whose skills rector Bob Mueller testified at his con- the line of duty, however, are ineligible and leadership are dedicated to the pro- firmation hearings in July 2001, he to collect benefits. The Hometown He- tection of agency information, per- forthrightly acknowledged ‘‘that the roes bill would fix the loophole in the sonnel, and facilities. It also requires a Bureau’s remarkable legacy of service PSOB Program to ensure that the sur- and accomplishment has been tar- set of reports that would enable Con- vivors of public safety officers who die nished by some serious and highly pub- gress to engage the Executive branch of heart attacks or strokes in the line licized problems in recent years. Waco, in a constructive dialogue building a of duty or within 24 hours of a trig- Ruby Ridge, the FBI lab, Wen Ho Lee, more effective FBI for the future. The FBI Reform Act of 2003 is de- gering effect while on duty, regardless Robert Hanssen and the McVeigh docu- of whether a traumatic injury is ments—these familiar names and signed to strengthen the FBI as an in- present at the time of the heart attack events remind us all that the FBI is far stitution that has a unique role as both or stroke, are eligible to receive finan- from perfect and that the next director a law enforcement agency and a mem- cial assistance. faces significant management and ad- ber of the intelligence community. As The families of these brave public ministrative challenges.’’ Since then, the Judiciary Committee continues its servants deserve to participate in the the Judiciary Committee has forged a oversight work and more is learned PSOB Program if their loved ones die constructive partnership with Director about recent FBI performance, addi- of a heart attack or other cardiac-re- Mueller to get the FBI back on track. tional legislation may prove necessary. lated ailments while selflessly pro- Congress sometimes has followed a Especially important will be the les- tecting us from harm. It is time for hands-off approach about the FBI. But sons from the attacks of September 11, Congress to show its support and ap- with the FBI’s new increased power, 2001, the anthrax attacks, and imple- preciation for these extraordinarily with our increased reliance on them to mentation of the USA PATRIOT Act brave and heroic public safety officers stop terrorism, and with the increased and other counterterrorism measures. by passing the Hometown Heroes Sur- funding requested in the President’s Strengthening the FBI cannot be ac- vivors Benefit Act. budget will come increased scrutiny. complished overnight, but with this Title IV would also correct a dis- Until the Bureau’s problems are re- legislation, we take an important step parity in the law that denies Federal solved and new challenges overcome, into the future. prosecutors the same retirement bene- we have to take a hands-on approach. In addition to protecting, FBI whis- fits as other Federal law enforcement Indeed our hearing and other oversight tleblowers, title IV of this bill provides officers. These lawyers, who are more activities have highlighted tangible new and important protections for and more often on the front lines in the steps the Congress should take in an other whistleblowers who provide in- war on terrorism, deserve the same FBI Reform bill as part of this hands- formation to Congress. benefits as the other men and women on approach. Among other things, The 107th Congress was one of rejuve- with whom they work. these hearings demonstrated the need nated bipartisan oversight. On the Ju- Also included in title IV of the bill is to extend whistleblower protection, diciary Committee we convened the the FBI Reform Act of 2003, which end the double standard for discipline first series of comprehensive bipartisan stems from the lessons learned during of senior FBI executives, and enhance FBI oversight hearings in decades after a series of Judiciary Committee hear- the FBI’s internal security program to I assumed the Chairmanship. The Joint ings on oversight of the FBI that I protect against espionage as occurred Intelligence Committee conducted bi- chaired beginning in June 2001. Even in the Hanssen case. partisan hearings to ascertain what more recently, the important changes When Director Mueller announced shortcomings on the part of our intel- which are being made under the FBI’s the first stage of his FBI reorganiza- ligence community need to be cor- new leadership after the September 11 tion in December 2001, he stressed the rected so as not the allow the 9–11 ter- attacks and the new powers granted importance of taking a comprehensive rorist attacks to recur. The Senate the FBI by the USA PATRIOT Act look at the FBI’s missions for the fu- Banking Committee conducted exten- have resulted in FBI reform becoming ture, and Deputy Attorney General sive oversight of the SEC and its rela- a pressing matter of national impor- Thompson’s office has told us that the tionship with the accounting industry, tance. Attorney General’s management re- to ascertain whether a new regulatory Since the attacks of September 11, view of the FBI is considering this scheme was required. Both the Senate 2001, and the anthrax attacks last fall, matter. Director Mueller has stated and House Judiciary Committees are we have relied on the FBI to detect and that the second phase of FBI reorga- still attempting to ascertain how the prevent acts of catastrophic terrorism nizations will be part of a ‘‘comprehen- new powers we provided in the USA that endanger the lives of the Amer- sive plan to address not only the new PATRIOT Act are being used. These ican people and the institutions of our challenges of terrorism, but to mod- are only a few examples. country. The men and women of the ernize and streamline the Bureau’s A vital part of the increased over- FBI are performing this task with more traditional functions.’’ Thus, sight was the courage of the whistle- great professionalism at home and through our hearings, our oversight ef- blowers who provided information. abroad. I think that we have all felt forts, and the statements and efforts of Their revelations have led to impor- safer as a result of the full mobiliza- the new management team at the FBI, tant reforms. The Enron scandal and tion of the FBI’s dedicated Special a list of challenges facing the FBI has the subsequent hearing led to the most Agents, its expert support personnel, been developed. extensive corporate reform legislation

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S141 in decades, including the criminal pro- islation is strongly supported by lead- tive function privilege so future Secret visions and the first ever corporate ing whistleblower groups, including the Service agents are able to maintain the whistleblower protections, which I au- National Whistleblower Center and the confidentiality they say they need to thored. The testimony of the rank and Government Accountability Project. protect the lives of the President, Vice file FBI agents that we heard on the Title IV of the bill also aims to im- President and visiting heads of state. Judiciary Committee helped us to craft prove the effective administration of Title V of this bill would create new bipartisan FBI reform legislation. The justice by offering a two-pronged at- treatment and prevention programs to same day as Coleen Rowley’s nation- tack on sexual assault crime in Amer- reduce drug abuse, and reauthorize ex- ally televised testimony before the Ju- ica. First, it adds more Federal re- isting successful ones. Treatment and diciary Committee, President Bush not sources for States and for the first prevention efforts are often over- only reversed his previous opposition time, makes those resources directly shadowed by law enforcement needs. to establishing a new cabinet level De- available to local governments as well, Indeed, a recent study by the Center on partment of Homeland Security, but so that they may eliminate the back- Addiction and Substance Abuse showed gave a national address calling for the log of untested DNA samples, and in that of every dollar States spent on largest government reorganization in particular, the troubling backlog of un- substance abuse and addiction, only 50 years. In the last year we have tested rape kits. Second, because tap- four cents went to prevention and learned once again that the public as a ping the potential of DNA technology treatment. The States and the Federal whole can benefit from a lone voice. In- requires more than eliminating exist- government have undeniably impor- deed, Time Magazine recognized the ing backlogs, the bill provides in- tant law enforcement obligations, but courage of these whistleblowers by creased Federal support for sexual as- we must do more to balance those obli- naming them the ‘‘People of the Year’’ sault examiner programs, DNA train- gations with farsighted efforts to pre- for 2002. ing of law enforcement personnel and vent drug crimes from happening in the Unfortunately, the people who very prosecutors, and updating the national first place. rarely benefit from these revelations DNA database. To ensure that these Heroin is an increasing problem in are the whistleblowers themselves. We grants are effective, the bill heightens my State. In other States, have heard testimony in oversight the standards for DNA collection and methamphetamines or other drugs hearings on the Judiciary Committee maintenance, and requires the Depart- present a growing challenge. This legis- that there is quite often retaliation ment of Justice to promulgate national lation will help States address their against those who raise public aware- privacy guidelines. The bill also au- most pressing drug problems, and ness about problems within large orga- thorizes the issuance of John Doe DNA places a particular emphasis on States nizations even to Congress. Sometimes indictments for Federal sexual assault that may not have been able to address the retaliation is overt, sometimes it is crimes, which toll the applicable stat- their treatment and prevention needs more subtle and invidious, but it is al- ute of limitations and permit prosecu- in the past. Indeed, among other provi- most always there. The law needs to tion whenever a DNA match is made. sions, the bill offers funding for rural protect the people who risk so much to Congress began to attack the prob- States like Vermont to establish or en- protect us and create a culture that en- lem of the DNA backlog when it passed hance treatment centers. It instructs courages employees to report waste, the DNA Analysis Backlog Elimination the Director of the Center for Sub- fraud, and mismanagement. Act of 2000. That legislation authorized stance Abuse Treatment to make For those who provide information to $170 million over four years for grants grants to public and nonprofit private Congress, that protection is a hollow to States to increase the capacity of entities that provide treatment and are promise. On one hand, the law is very their forensic labs and to carry out approved by State experts. This will clear that it is illegal to interfere with DNA testing of backlogged evidence. allow the Vermont agencies looking to or deny, ‘‘the right of employees, indi- Despite the new law and some Federal provide heroin treatment—or to pre- vidually or collectively, to petition funding, the persistent backlogs na- vent heroin abuse in the first place, to Congress or a Member of Congress, or tionwide make it plain that more must acquire Federal funding to help in their to furnish information to either House be done to help the States. Our bill efforts. of Congress, or to a committee or Mem- takes the next step and provides more The bill also authorizes funding for ber thereof . . .’’ Amazingly, however, comprehensive assistance so that the residential treatment centers that this simple provision is a right without criminal justice system can harness treat mothers who are addicted to her- a remedy. Employees who are retali- the full power of DNA. oin, methamphetamine, or other drugs. ated against for providing information A significant problem that arose dur- This will help mothers, and the chil- to Congress cannot pursue any avenue ing Special Prosecutor Kenneth Starr’s dren who depend on them to rebuild of redress to protect their statutory investigation of President Clinton was their lives, it will keep families to- rights. The only exception to this ap- the loss of confidentiality that had pre- gether. And I hope it will help avoid plies to employees of publicly traded viously attached to the important further stories like one that appeared companies, who are now covered by the work of the U.S. Secret Service. The in the Burlington Free Press in Feb- whistleblower provision included in the Department of Justice and Treasury ruary 2001, in which a young mother Sarbanes-Oxley Act that we passed last and even a former Republican Presi- told a reporter how heroin ‘‘made it year. Thus, under current law, govern- dent advise that the safety of future easier for [her] to take care of [her] ment whistleblowers reporting to Con- Presidents may be jeopardized by forc- kids.’’ gress have less protection than private ing U.S. Secret Service agents to The bill also would fund drug treat- industry whistleblowers. breach the confidentiality they need to ment programs for juveniles, who can Title IV would correct this anomaly do their job by testifying before a see their lives quickly deteriorate by providing government employees grand jury. I trust the Secret Service under the influence of drugs. This is that come to Congress with the right on this issue; they are the experts with why I have worked to provide Vermont to bring an action in court when they the mission of protecting the lives of with funding to establish a long-term suffer the type of retaliation already the President and other high-level residential treatment facility for ado- prohibited under the law. Thus, it does elected official and visiting dignitaries. lescents. I hope to continue that effort not create new statutory rights, but I also have confidence in the judgment through this bill, in the hope that we merely provides a statutory remedy for of former President Bush, who has may be able to prevent future trage- existing law. That way, we can promise written, ‘‘I feel very strongly that [Se- dies. future whistleblowers who come before cret Service] agents should not be We also would reauthorize substance Congress that their rights to access the made to appear in court to discuss that abuse treatment in Federal prisons. It legislative branch is not an illusion. which they might or might not have is critical that our prisons be drug-free, We can also assure the public at large seen or heard.’’ both because lawbreaking within our that our efforts at Congressional over- Section 4502 of the Justice Enhance- correctional system is a national em- sight and improving the functions of ment and Domestic Security Act pro- barrassment, and because prisoners government will be effective. This leg- vides a reasonable and limited protec- who are released while still addicted to

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S142 CONGRESSIONAL RECORD — SENATE January 9, 2003 drugs are far more likely to commit fu- At the close of the 107th Congress, up to a set of controls that are de- ture crimes than prisoners who are re- the IPA was cosponsored by a substan- signed to ensure that their systems leased sober. At the same time we are tial bipartisan majority of the House truly meet basic standards. In essence, extending the ‘carrot’ of treatment op- and by 32 Senators from both sides of the bill offers the States extra money portunities, we also authorize grants to the aisle. In addition, a version of the for quality and accountability. States and localities for programs sup- bill had been reported by a bipartisan A State may also decline to partici- porting comprehensive drug testing of majority of the Senate Judiciary Com- pate in the new grant program, In that criminal justice populations, and to es- mittee. It is that version of the bill case, the money that would otherwise tablish appropriate interventions to il- that we introduce today as title VI of be available to the state would be used legal drug use for offender populations. the Justice Enhancement and Domes- to fund one or more organizations that Among other additional provisions, tic Security Act. provide capital representation in that we would extend the Safe and Drug- What would the IPA do? In short, it state. One way or another, the bill Free Schools and Communities Pro- proposes two minimum steps that we would improve the quality of appointed gram, and authorize grants to establish need to take, not to make the system counsel in capital cases. methamphetamine prevention and perfect, but simply to reduce what is This is a reform that does not in any treatment pilot programs in rural currently an unacceptably high risk of way hinder good, effective law enforce- areas. error. First, we need to make good on ment. More money is good for the I am particularly proud of title VI of the promise of modern technology in States. More openness and account- the bill—the Innocence Protection Act, the form of DNA testing. Second, we ability is good for everyone. And better IPA, of 2003. For nearly three years, I need to make good on the constitu- lawyering makes the trial process far have been working hard with members tional promise of competent counsel. less prone to error. on both sides of the aisle, and in both DNA testing comes first because it is We can never guarantee that no inno- houses of Congress, to address the hor- proven and effective. We all know that cent person will be convicted. But sure- rendous problem of innocent people DNA testing is an extraordinary tool ly when people in this country are put being condemned to death. The IPA for uncovering the truth, whatever the on trial for their lives, they should be represents the fruits of those efforts. truth may be. It is the fingerprint of defended by lawyers who meet reason- This landmark legislation proposes a the 21st Century. Prosecutors across able standards of competence and who number of basic, commonsense reforms the country rightly use it to prove have sufficient funds to investigate the to our criminal justice system, aimed guilt. By the same token, it should also facts and prepare thoroughly for trial. at reducing the risk that innocent peo- be used to do what it is equally sci- That bare minimum is all that the ple will be put to death. counsel provisions in the IPA seek to We have come many miles since I entifically reliable to do, prove inno- achieve. first introduced the IPA in February cence. Where there is DNA evidence, it can The Innocence Protection Act ad- 2000, along with four Democratic co- dresses grave and urgent problems with sponsors. There is now a broad con- show us conclusively, even years after moderate, fine-tuned practical solu- sensus across the country—among a conviction, where mistakes have been tions. It has passed out of Committee Democrats and Republicans, supporters made. And there is no good reason not in the Senate and is supported by a ma- and opponents of the death penalty, to use it. Allowing testing does not deprive the jority of the House. Justice demands liberals and conservatives, that our that we pass it before more lives are death penalty machinery is broken. We state of its ability to present its case, ruined. know that the nightmare of innocent and under a reasonable scheme for the Title VII of the bill includes various people on death row is not just a preservation and testing of DNA evi- proposals for strengthening the Federal dream, but a frequently recurring re- dence, the practical costs, burdens and criminal laws, including, in subtitle A, ality. Since the early 1970s, more than delays involved are relatively small. the Anti-Atrocity Alien Deportation 100 people who were sentenced to death The Innocence Protection Act would Act of 2003. This bill would close loop- have been released, not because of therefore provide improved access to holes in our immigration laws that technicalities, but because they were DNA testing for people who claim that have allowed war criminals and human innocent. Goodness only knows how they have been wrongfully convicted. rights abusers to enter and remain in many were not so lucky. It would also prevent the premature These are not just numbers; these are destruction of biological evidence that this country. I am appalled that this real people whose lives were ruined. could hold the key to clearing an inno- country has become a safe haven for Anthony Porter came within two days cent person and, as we recently saw in those who exercised power in foreign of execution in 1998; he was exonerated Ray Krone’s case, identifying the real countries to terrorize, rape, murder and released from prison only because culprit. and torture innocent civilians. A re- a class of journalism students inves- But DNA testing addresses only the cent report by Amnesty International tigated his case and identified the real tip of the iceberg of the problem of claims that nearly 150 alleged human killer. Ray Krone spent ten years in wrongful convictions. In most cases, rights abusers have been identified liv- prison, including three on death row; there is no DNA evidence to be tested, ing here, and warns that this number he was released last year after DNA just as in most cases, there are no fin- may be as high as 1,000. testing exculpated him and pointed to gerprints. In the vast majority of death The problem of human rights abusers another man as the real killer. These row exonerations, no DNA testing has seeking and obtaining refuge in this are just two of the many tragedies we or could have been involved. country is real, and requires an effec- learn of every year. So the broad and growing consensus tive response with the legal and en- Today, Federal judges are voicing on death penalty reform has another forcement changes proposed in this leg- concern about the death penalty. Jus- top priority. All the statistics and evi- islation. We have unwittingly sheltered tice Sandra Day O’Connor has warned dence show that the single most fre- the oppressors along with the op- that ‘‘the system may well be allowing quent cause of wrongful convictions is pressed for too long. We should not let some innocent defendants to be exe- inadequate defense representation at this situation continue. We need to cuted.’’ Justice Ginsberg has supported trial. By far the most important re- focus the attention of our law enforce- a state moratorium on the death pen- form we can undertake is to ensure ment investigators to prosecute and alty. Another respected jurist, Sixth minimum standards of competency and deport those who have committed Circuit Judge Gilbert Merritt, has re- funding for capital defense. atrocities abroad and who now enjoy ferred to the capital punishment sys- Under the IPA, States may choose to safe harbor in the United States. tem as ‘‘broken.’’ work with the federal government to The Anti-Atrocity Alien Deportation We can all agree that there is a grave improve the systems by which they ap- Act would provide a stronger bar to problem. The good news is, there is point and compensate lawyers in death human rights abusers who seek to ex- also a broad consensus on one impor- cases. These States would receive an ploit loopholes in current law. The Im- tant step we must take, we can pass infusion of new Federal grant money, migration and Nationality Act cur- the Innocence Protection Act. but they would also open themselves rently provides that 1. Participants in

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S143 Nazi persecutions during the time pe- it is only authorized to track Nazi war Sec. 1102. Purpose. Purpose in support of riod from March 23, 1933 to May 8, 1945, criminals. As any prosecutor, or, in my this subtitle. 2. aliens who engaged in genocide, and case, former prosecutor, knows instinc- Sec. 1103. First Responders Partnership 3. aliens who committed particularly Grant Program for public safety officers. Au- tively, delays make documentary and thorizes grants to States, units of local gov- severe violations of religious freedom, testimonial evidence more difficult to ernment, and Indian tribes to support public are inadmissible to the United States obtain. Stale cases are the hardest to safety officers in their efforts to protect and deportable. This legislation would make. We should not repeat the mis- homeland security and prevent and respond expand the grounds for inadmissibility take of waiting decades before tracking to acts of terrorism. and deportation to 1. Add new bars for down war criminals and human rights Sec. 1104. Applications. Requires the Direc- aliens who have engaged in acts, out- abusers who have settled in this coun- tor of the Bureau of Justice Assistance to side the United States, of ‘‘torture’’ try. War criminals should find no sanc- promulgate regulations specifying the form and ‘‘extrajudicial killing’’ and 2. re- and information to be included in submitting tuary in loopholes in our current immi- an application for a grant under this sub- move limitations on the current bases gration policies and enforcement. No title. for ‘‘genocide’’ and ‘‘particularly se- war criminal should ever come to be- Sec. 1105. Definitions. Defines terms used vere violations of religious freedom.’’ lieve that he is going to find safe har- in this subtitle. The bill would not only add the new bor in the United States. Sec. 1106. Authorization of appropriations. grounds for inadmissibility and depor- The Anti-Atrocity Alien Deportation Authorizes $4 billion for each fiscal year tation, it would expand two of the cur- Act would for the first time provide through FY2005 to carry out this subtitle. rent grounds. First, the current bar to statutory authorization for the OSI Subtitle B—Border Security aliens who have ‘‘engaged in genocide’’ within the Department of Justice, with Sec. 1201. Short title. Contains the short defines that term by reference to the authority to denaturalize any alien title, the ‘‘Safe Borders Act of 2003’’. ‘‘genocide’’ definition in the Conven- Sec. 1202. Authorization of appropriations who has participated in Nazi persecu- for hiring additional INS personnel. Author- tion on the Prevention and Punish- tion, torture, extrajudicial killing or izes such sums as may be necessary for the ment of the Crime of Genocide. For genocide abroad. The bill would also INS to hire an additional 250 inspectors and clarity and consistency, the bill would expand the OSI’s jurisdiction to deal associated support staff, and an additional substitute instead the definition in the with any alien who participated in tor- 250 investigative staff and associated support Federal criminal code, which was ture, extrajudicial killing and genocide staff, during each fiscal year through FY2007. adopted pursuant to the U.S. obliga- abroad, not just Nazis. Unquestionably, Sec. 1203. Authorization of appropriations tions under the Genocide Convention. the need to bring Nazi war criminals to for improvements in technology for improv- The bill would also broaden the reach ing border security. Authorizes $250 million justice remains a matter of great im- to the INS for the purposes of making im- of the provision to apply not only to portance. Funds would not be diverted provements in technology for improving bor- those who ‘‘engaged in genocide,’’ as in from the OSI’s current mission. Addi- der security and facilitating the flow of com- current law, but also to cover any alien tional resources are authorized in the merce and persons at ports of entry, includ- who has ordered, incited, assisted or bill for OSI’s expanded duties. ing improving and expanding programs for otherwise participated in genocide. Title VII of the Justice Enhancement preenrollment and preclearance. This broader scope will ensure that the and Domestic Security Act also in- Sec. 1204. Report on border security im- genocide provision addresses a more cludes a proposal to increase the max- provements. Directs the Attorney General to submit a report to Congress detailing all appropriate range of levels of com- imum penalties for violations of three steps the Department of Justice has taken to plicity. existing statutes that protect the cul- implement the increases in border security Second, the current bar to aliens who tural and archaeological history of the personnel and improvements in border secu- have committed ‘‘particularly severe American people, particularly Native rity technology and equipment authorized in violations of religious freedom,’’ as de- Americans. The United States Sen- the USA PATRIOT Act (Pub. L. 107–56) and fined in the International Religious tencing Commission recommended the the Enhanced Border Security and Visa Freedom Act of 1998, limits its applica- statutory changes contained in this Entry Reform Act (Pub. L. 107–173). The re- tion to foreign government officials proposal, which would complement the port shall also include the Attorney Gen- who engaged in such conduct within eral’s analysis of what additional personnel Commission’s strengthening of Federal and other resources, if any, are needed to im- the last 24 months. Our bill would de- sentencing guidelines to ensure more prove security at U.S. borders, particularly lete reference to prohibited conduct oc- stringent penalties for criminals who the U.S.-Canada border. curring within a 24-month period since steal from our public lands. Passage of Subtitle C—Military Tribunals this limitation is not consistent with this legislation would demonstrate Authorization the strong stance of the United States Congress’ commitment to preserving Sec. 1301. Short title. Contains the short to promote religious freedom through- our nation’s history and our cultural title, the ‘‘Military Tribunal Authorization out the world. heritage. Act of 2003’’. Changing the law to address the The Justice Enhancement and Do- Sec. 1302. Findings. Legislative findings in problem of human rights abusers seek- mestic Security Act is a comprehen- support of this subtitle. ing entry and remaining in the United sive and realistic set of proposals for Sec. 1303. Establishment of extraordinary States is only part of the solution. We tribunals. Authorizes the President to estab- assisting local enforcement, preventing lish tribunals to try non-U.S. persons who also need effective enforcement, which crime, protecting our children and sen- are al Qaeda members (and persons aiding I believe we can obtain by updating the ior citizens, and assisting the victims and abetting al Qaeda in terrorist activities mission of the Justice Department’s of crime. I look forward to working on against the United States); are apprehended Office of Special Investigations, or OSI. a bipartisan basis for passage of as in Afghanistan, apprehended fleeing from Af- Our county has long provided the tem- much of this bill as possible during the ghanistan, or apprehended in or fleeing from plate and moral leadership for dealing 108th Congress. any other place where there is armed con- with Nazi war criminals. The OSI, I ask unanimous consent that a sec- flict involving the U.S. Armed Forces; and which was created to hunt down, pros- are not prisoners of war, as defined by the tion-by-section summary of the bill be Geneva Conventions. Tribunals may adju- ecute, and remove Nazi war criminals printed in the RECORD. dicate violations of the laws of war targeted who had slipped into the United States There being no objection, the mate- against U.S. persons. The Secretary of De- among their victims under the Dis- rial was ordered to be printed in the fense is charged with promulgating rules of placed Persons Act, is an example of ef- RECORD, as follows: evidence and procedure for the tribunals. fective enforcement. Since the OSI’s JUSTICE ENHANCEMENT AND DOMESTIC Sec. 1304. Procedural requirements. De- inception in 1979, over 60 Nazi persecu- SECURITY ACT OF 2003 scribes minimum procedural safeguards for tribunals established under this subtitle, in- tors have been stripped of U.S. citizen- SECTION-BY-SECTION ANALYSIS ship, almost 50 have been removed from cluding that the accused be presumed inno- TITLE I—COMBATING TERRORISM AND cent until proven guilty, and that proof of the United States, and more than 150 ENHANCING DOMESTIC SECURITY guilt be established beyond a reasonable have been denied entry. Subtitle A—Supporting First Responders doubt. Trial proceedings will generally be ac- The OSI was created by the power of Sec. 1101. Short title. Contains the short cessible to the public with limited excep- Attorney General Civiletti almost 35 title, the ‘‘First Responders Partnership tions for demonstrable public safety con- years after the end of World War II and Grant Act of 2003’’. cerns. Convictions may be appealed to the

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S144 CONGRESSIONAL RECORD — SENATE January 9, 2003 U.S. Court of Appeals for the Armed Forces; the Attorney General to assign an AMBER Sec. 2130. Sentencing enhancements for any decisions of that court regarding pro- Alert Coordinator of the Department of Jus- interstate travel to engage in sexual act ceedings of tribunals are subject to review by tice to act as the national coordinator of the with a juvenile. Directs Sentencing Commis- the U.S. Supreme Court by writ of certiorari. AMBER Alert communications network re- sion to ensure that guideline penalties are Sec. 1305. Detention. Authorizes detention garding abducted children. The Coordinator’s adequate in cases involving interstate travel of individuals who are subject to a tribunal duties include: (1) seeking to eliminate gaps to engage in a sexual act with a juvenile. under this subtitle. In order to detain an in- in the network; and (2) working with States Sec. 2131. Miscellaneous provisions. Directs dividual under the authority of this section, to ensure regional coordination. the Attorney General to appoint 25 addi- the President must certify that the U.S. is in Sec. 2113. Minimum standards for issuance tional trial attorneys to focus on the inves- armed conflict with al Qaeda or Taliban and dissemination of alerts through AMBER tigation and prosecution of Federal child forces in Afghanistan or elsewhere, or that Alert Communications Network. Directs the pornography laws. Directs the Sentencing an investigation, prosecution or post-trial AMBER Alert Coordinator to establish min- Commission to ensure that the guidelines proceeding against the detainee is ongoing. imum standards for the issuance of alerts are adequate to deter and punish violations Detention determinations and the conditions and for the extent of their dissemination of offenses proscribed in section 2123 of this of detention are subject to review by the (limited to the geographic areas most likely Act. Court of Appeals for the D.C. Circuit. to facilitate the recovery of the abducted Part 3—Reauthorization of the National Sec. 1306. Sense of the Congress. Calls for child). Center for Missing and Exploited Children the President to seek the cooperation of U.S. Sec. 2114. Grant program for notification allies and other nations in the investigation and communications systems along high- Sec. 2141. Short title. Contains the short and prosecution of those responsible for the ways for recovery of abducted children. Au- title, the ‘‘Protecting Our Children Comes September 11 attacks. It also calls for the thorizes grants to States for the develop- First Act of 2003’’. President to use multilateral institutions to ment or enhancement of notification or com- Sec. 2142. Annual grant to the National the fullest extent possible in carrying out munications systems along highways for Center for Missing and Exploited Children. such investigations and prosecutions. alerts and other information for the recovery Doubles the annual grant to the National Sec. 1307. Definitions. Defines terms used of abducted children. Center for Missing and Exploited Children in this subtitle. Sec. 2115. Grant program for support of (NCMEC) from $10 million to $20 million and Sec. 1308. Termination of Authority. Au- AMBER Alert communications plans. Au- extends funding through FY2006. thority under this subtitle ends on December thorizes grants to States for the develop- Sec. 2143. Authorization of appropriations. 31, 2005. ment or enhancement of education, training, Amends the Missing Children’s Assistance Subtitle D—Anti Terrorist Hoaxes and False and law enforcement programs and activities Act to reauthorize the appropriated such Reports for the support of AMBER Alert communica- sums as may be necessary through FY2006. Sec. 1401 Short title. Contains the short tions plans. Sec. 2144. Forensic and investigative support of missing and exploited children. Au- title, the ‘‘Anti Terrorist Hoax and False Re- Part 2—Prosecutorial Remedies and Tools thorizes the U.S. Secret Service to provide port Act of 2003’’. Against the Exploitation of Children Today Sec. 1402. Findings. Legislative findings in forensic and investigative support to the support of this subtitle. Sec. 2121. Short title. Contains the short NCMEC to assist in efforts to find missing Sec. 1403. Hoaxes, false reports and reim- title, the ‘‘Prosecutorial Remedies and Tools children. bursement. Sets penalties for (1) knowingly Against the Exploitation of Children Today Sec. 2145. Creation of a Cyber-Tipline. conveying false information concerning an Act of 2003’’ or ‘‘PROTECT Act’’. Amends the Missing Children’s Assistance attempt to violate 18 U.S.C. §§ 175 (relating Sec. 2122. Findings. Legislative findings in Act to coordinate the operation of a Cyber- to biological weapons), 229 (relating to chem- support of this part. Tipline to provide online users an effective ical weapons), 831 (relating to nuclear mate- Sec. 2123. Certain activities relating to ma- means of 5 reporting Internet-related child rial), or 2332a (relating to weapons of mass terial constituting or containing child por- sexual exploitation in the areas of distribu- destruction), under circumstances where nography. Amends 18 U.S.C. § 2252A, regard- tion of child pornography, online enticement such information may reasonably be being activities relating to material consti- of children for sexual acts, and child pros- lieved; and (2) transferring any device or ma- tuting or containing child pornography, to titution. terial, knowing or intending that it resem- prohibit: (1) promoting, distributing, or so- Sec. 2146. Service provider reporting of bles a nuclear, chemical, biological, or other liciting material through the mails or in child pornography and related information. weapon of mass destruction, and under cir- commerce in a manner that conveys the im- Amends 42 U.S.C. § 13032, which requires pro- cumstances where it may reasonably be be- pression that the material contains an ob- viders of electronic communications and re- lieved to involve an attempt to violate 18 scene visual depiction of a minor engaging in mote computing services to report apparent U.S.C. §§ 175, 229, 831,or 2332a. Convicted of- sexually explicit conduct; or (2) knowingly offenses that involve child pornography. fenders shall be ordered to reimburse all vic- distributing to a minor any such visual de- Under current law, communications pro- tims and government agencies for losses and piction that has been transported in com- viders must report to the NCMEC when the expenses incurred as a result of the offense. merce, or that was produced using materials provider obtains knowledge of facts or cir- Authorizes civil actions by victims and by that have been so transported, for purposes cumstances from which a violation of sexual U.S. Attorney General. of inducing a minor to participate in illegal exploitation crimes against children occurs. activity. Subtitle E—Amendments to Federal The NCMEC then gives the information to Sec. 2124. Admissibility of evidence. On Antiterrorism Laws Federal agencies designated by the Attorney motion of the Government, and except for Sec. 1501. Attacks against mass transit General. This section authorizes Federal au- good cause shown, certain identifying infor- thorities to share the information with State clarification of definition. Clarifies that 18 mation of minors depicted in child pornog- U.S.C. § 1993, which proscribes terrorist at- authorities without a court order and also raphy shall be inadmissible in any prosecu- gives the NCMEC the power to make reports tacks against mass transportation systems, tion of such an act. extends to attacks against ‘‘any carriage or directly to State and local law enforcement. Sec. 2125. Definitions. Adds new definitions This section also clarifies that such tips other contrivance used, or capable of being for interpretation of Federal criminal laws used, as a means of transportation on land, must come from non-governmental sources, regarding sexual exploitation and other so as to prevent law enforcement from cir- water, or through the air’’. abuse of children. Sec. 1502. Release or detention of a mate- cumventing the statutory requirements of Sec. 2126. Recordkeeping requirements. In- rial witness. Clarifies the conditions under the Electronic Communications Privacy Act. creases penalties for violation of record- which individuals can be arrested and de- Sec. 2147. Contents disclosure of stored keeping requirements applicable to pro- tained as material witnesses in Federal communications. Amends 18 U.S.C. § 2702 to ducers of certain sexually explicit materials. be consistent with the scope of reports under criminal cases and grand jury investigations. Sec. 2127. Extraterritorial production of Sec. 1503. Clarification of sunset provision 42 U.S.C. § 13032(d), which provides that, in child pornography for distribution in the in USA PATRIOT Act. Clarifies that after addition to the required information that is United States. Sets penalties for employing sunset of certain provisions in the USA PA- reported to NCMEC by communications pro- or coercing a minor to engage in sexually ex- TRIOT Act (Pub. L. 107–56), pursuant to sec- viders, the reports may include additional plicit conduct outside of the United States tion 224(a) of that Act, the law shall revert information, such as the identity of a sub- for the purpose of producing a visual depic- to what it was before that Act was enacted. scriber who sent a message containing child tion of such conduct and transporting it to pornography. TITLE II—PROTECTING AMERICA’S the United States. CHILDREN AND SENIORS Sec. 2128. Civil remedies. Authorizes civil Part 4—National Child Protection and Subtitle A—Children’s Safety remedies for offenses relating to material Volunteers for Children Improvement Part I—National Amber Alert Network constituting or containing child pornog- Sec. 2151. Short title. Contains the short Sec. 2111. Short title. Contains the short raphy. title, the ‘‘National Child Protection and title, the ‘‘National AMBER Alert Network Sec. 2129. Enhanced penalties for recidi- Volunteers for Children Improvement Act of Act of 2003’’. vists. Increases penalties for certain recidi- 2003’’. Sec. 2112. National coordination of AMBER vists who commit offenses involving sexual Sec. 2152. Definitions. Defines new terms in Alert Communications Network. Requires exploitation and other abuse of children. the National Child Protection Act of 1993.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S145 Sec. 2153. Strengthening and enforcing the The project provides funding for projects al- Sec. 2222. Blocking of telemarketing National Child Protection Act and the Vol- lowing eligible prisoners who are parents to scams. Clarifies that telemarketing fraud unteers for Children Act. Amends the Na- live in structured, community-based centers schemes executed using cellular telephone tional Child Protection Act to allow quali- with their young children. services are subject to the enhanced pen- fied State programs that provide care for Subtitle B—Seniors’ Safety alties for such fraud under 18 U.S.C. § 2326. children, the elderly, or individuals with dis- Authorizes termination of telephone service Sec. 2201. Short title. Contains the short abilities to apply directly to the Department used to carry on telemarketing fraud. Re- title, the ‘‘Seniors Safety Act of 2003’’. of Justice to request national criminal back- Sec. 2202. Finding and purposes. Legisla- quires telephone companies, upon notifica- ground checks, which shall be returned with- tive findings in support of this subtitle, and tion in writing from the Department of Jus- in 15 business days. A qualified entity in a statement of legislative purposes. tice that a particular phone number is being State that does not have a qualified State Sec. 2203. Definitions. Defines terms used used to engage in fraudulent telemarketing program can, one year after the date of en- in this subtitle. or other fraudulent conduct, and after notice actment of this Act, also apply directly to to the customer, to terminate the sub- the Department for a background check, Part 1—Combating Crimes Against Seniors scriber’s telephone service. Sec. 2211. Enhanced sentencing penalties which shall be returned within 20 business Part 3—Preventing Health Care Fraud days. based on age of victim. Directs the U.S. Sen- Sec. 2154. Dissemination of information. tencing Commission to review and, if appro- Sec. 2231. Injunctive authority relating to Establishes an office within the Department priate, amend the sentencing guidelines to false claims and illegal kickback schemes in- of Justice to perform nationwide criminal include age as one of the criteria for deter- volving Federal health care programs. Au- background checks for qualified entities. mining whether a sentencing enhancement is thorizes the Attorney General to take imme- Sec. 2155. Fees. Caps fees for national appropriate. Encourages such review to re- diate action to halt illegal health care fraud criminal background checks for persons who flect the economic and physical harm associ- kickback schemes under the Social Security volunteer with a qualified entity ($5) and ated with criminal activity targeted at sen- Act. Attorney General may seek a civil pen- persons who are employed by, or apply for a iors and consider providing increased penalty of up to $50,000 per violation, or three position with, a qualified entity ($18). alties for offenses where the victim was a times the remuneration, whichever is great- Sec. 2156. Strengthening State fingerprint senior. er, for each offense under this section with technology. Directs the Attorney General to Sec. 2212. Study and report on health care respect to a Federal health care program. establish model programs in each State for fraud sentences. Directs the U.S. Sentencing Sec. 2232. Authorized investigative demand the purpose of improving fingerprinting Commission to review and, if appropriate, procedures. Authorizes the Attorney General technology. Programs shall grant to each amend the sentencing guidelines applicable to issue administrative subpoenas to inves- State funds to (1) purchase Live-Scan finger- to health care fraud offenses. Encourages tigate civil health care fraud cases. Provides print technology and a State vehicle to such review to reflect the serious harms as- privacy safeguards for personally identifi- make such technology mobile, or (2) pur- sociated with health care fraud and the need able health information that may be ob- chase electric fingerprint imaging machines for law enforcement to prevent such fraud, tained in response to an administrative sub- for use throughout the State to send finger- and to consider enhanced penalties for per- poena and divulged in the course of a Federal print images to the Attorney General to con- sons convicted of health care fraud. investigation. duct background checks. Additional funds Sec. 2213. Increased penalties for fraud re- Sec. 2233. Extending antifraud safeguards shall be provided to each State to hire per- sulting in serious injury or death. Increases to the Federal Employees Health Benefits sonnel to provide information and training the penalties under the mail fraud statute program. Removes the anti-fraud exemption regarding the requirements for input of and the wire fraud statute for fraudulent for the Federal Employee Health Benefits criminal and disposition data into the Na- schemes that result in serious injury or Act (FEHB), thereby extending anti-fraud tional Criminal History Background Check death. The maximum penalty if serious bod- and anti-kickback safeguards applicable to System (NICS). ily harm occurred would be up to twenty the Medicare and Medicaid program to the Sec. 2157. Privacy protections. Establishes years; if a death occurred, the maximum FEHB. Allows the Attorney General to use privacy protections for information derived penalty would be a life sentence. the same civil enforcement tools to fight as a result of a national criminal fingerprint Sec. 2214. Safeguarding pension plans from fraud perpetrated against the FEHB program background check request under the Na- fraud and theft. Punishes, with up to ten as are available to other Federal health care tional Child Protection Act of 1993. years’ imprisonment, the act of defrauding programs, and to recover civil penalties Sec. 2158. Authorization of appropriations. retirement arrangements, or obtaining by against persons or entities engaged in illegal Authorizes $100 million through FY2004, and means of false or fraudulent pretenses money kickback schemes. or property of any retirement arrangement. such sums as may be necessary for the next Sec. 2234. Grand jury disclosure. Author- Sec. 2215. Additional civil penalties for de- four fiscal years. izes Federal prosecutors to seek a court frauding pension plans. Authorizes the At- Part 5—Children’s Confinement Conditions order to share grand jury information re- torney General to bring a civil action for re- Improvement garding health care offenses with other Fed- tirement fraud, with penalties up to $50,000 Sec. 2161. Findings. Legislative findings in eral prosecutors for use in civil proceedings for an individual or $100,000 for an organiza- support of this part. or investigations relating to fraud or false tion, or the amount of the gain to the of- Sec. 2162. Purpose. Legislative purpose in claims in connection with any Federal fender or loss to the victim, whichever is support of this part. health care program. Permits grand jury in- greatest. Sec. 2163. Definition. Defines term used in formation regarding health care offenses to Sec. 2216. Punishing bribery and graft in this part. be shared with Federal civil prosecutors, connection with employee benefit plans. In- Sec. 2164. Juvenile Safe Incarceration only after ex parte court review and a find- creases the maximum penalty for bribery Grant Program. Authorizes grants to fund ef- ing that the information would assist in en- and graft in connection with the operation of forts by State and local governments and In- forcement of Federal laws or regulations. an employee benefit plan from three to five dian tribes to alter correctional facilities for years’ imprisonment. Broadens existing law Sec. 2235. Increasing the effectiveness of detained juveniles so that they are seg- to cover corrupt attempts to give or accept civil investigative demands in false claims regated from the adult population, train cor- bribery or graft payments, and to proscribe investigations. Authorizes the Attorney Gen- rections officers on the proper supervision of bribery or graft payments to persons exer- eral to delegate authority to issue civil in- juvenile offenders, and build separate facili- cising de facto influence or control over em- vestigative demands to the Deputy Attorney ties to house limited numbers of juveniles ployee benefit plans. General or an Assistant Attorney General. sentenced as adults, among other things. Au- Authorizes whistleblowers who have brought Part 2—Preventing Telemarketing Crime thorizes such sums as necessary through qui tam actions under the False Claims Act FY2007 for this grant program. Sec. 2221. Centralized complaint and con- to seek permission ftom a district court to Sec. 2165. Rural State funding. Authorizes sumer education service for victims of tele- obtain information disclosed to the Depart- $20 million in each fiscal year through marketing fraud. Directs the Federal Trade ment of Justice in response to civil inves- FY2006 for grants to assist rural States and Commission (FTC) to establish a central in- tigative demands. economically distressed communities in pro- formation clearinghouse for victims of tele- viding secure custody for violent juvenile of- marketing fraud and procedures for logging Part 4—Protecting Residents of Nursing fenders. in complaints of telemarketing fraud vic- Homes Sec. 2166. GAO study. Directs the General tims, providing information on tele- Sec. 2241. Nursing home resident protec- Accounting Office to conduct a study and marketing fraud schemes, referring com- tion. Sets penalties for engaging in a pattern provide a report within one year on the use plaints to appropriate law enforcement offi- of willful violations of Federal or State laws of electroshock weapons, 4–point restraints, cials, and providing complaint or prior con- governing the health, safety, or care of indi- chemical restraints, and solitary confine- viction information. Directs the Attorney viduals residing in residential health care fa- ment against juvenile offenders. General to establish a database of tele- cilities. This section also provides additional Sec. 2167. Family Unity Demonstration marketing fraud convictions secured against whistleblower protection for persons who are Project. Reauthorizes the Family Unity corporations or companies, for uses described retaliated against for reporting deficient Demonstration Project Act through FY2006. above. nursing home conditions.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S146 CONGRESSIONAL RECORD — SENATE January 9, 2003 Part 5—Protecting the Rights of Elderly Sec. 3123. Identity theft prevention. Re- maximum prison sentence for anyone who Crime Victims quires credit card companies to notify con- obtains another person’s social security Sec. 2251. Use of forfeited funds to pay res- sumers within 30 days of a change of address number for the purpose of locating or identi- titution to crime victims and regulatory request on an existing credit account. This fying that person with the intent to phys- agencies. Authorizes the use of forfeited section also codifies the current industry ically injure or harm her. funds to pay restitution to crime victims and practice of ‘‘fraud alerts’’ and imposes pen- Sec. 3140. Civil actions and civil penalties. regulatory agencies. alties for non-compliance by credit issuers or Individuals whose social security numbers Sec. 2252. Victim restitution. Allows the credit reporting agencies. A fraud alert is a are misused may file a claim in State court government to move to dismiss forfeiture statement inserted in a consumer’s credit re- to seek an injunction, or seek the greater of proceedings to allow the defendant to use the port that notifies users that the consumer $500 in damages or their actual monetary property subject to forfeiture for the pay- does not authorize the issuance of credit in losses. Businesses sued under the statute ment of restitution to victims. If forfeiture his or her name unless the consumer is first have an affirmative defense if they have proceedings are complete, Government may notified in a pre-arranged manner. taken reasonable steps to prevent violations return the forfeited property so it may be Sec. 3124. Truncation of credit card ac- of this part. Sec. 3141. Federal injunctive authority. used for restitution. count numbers. By 18 months after enact- Provides the Federal government with in- Sec. 2253. Bankruptcy proceedings not used ment of this Act, all new credit-card ma- junctive authority with respect to any viola- to shield illegal gains from false claims. Al- chines that print receipts electronically tion of this part by a public entity. lows an action under the False Claims Act shall not print the expiration date or more despite concurrent bankruptcy proceedings. than the last five digits of the customer’s Subtitle B—Crime Victims Assistance Prohibits discharge of debts resulting from credit card number. By 4 years after enact- Sec. 3201. Short title. Contains the short judgments or settlements in Medicare and ment, all credit card machines that elec- title, the ‘‘Crime Victims Assistance Act of Medicaid fraud cases. Provides that no debt tronically print out receipts must comply. 2003’’. owed for a violation of the False Claims Act Sec. 3125. Free annual credit report. Enti- Part 1—Victim Rights in the Federal System tles every citizen to a free credit report once or other agreement may be avoided under Sec. 3211. Right to consult concerning de- bankruptcy provisions. per year upon request. tention. Requires the government to consult Sec. 2254. Forfeiture for retirement of- Part 3—Social Security Number Misuse with victim prior to a detention hearing to fenses. Requires the forfeiture of proceeds of Prevention Act obtain information that can be presented to a criminal retirement offense. Permits the Sec. 3131. Short title. Contains the short the court on the issue of any threat the sus- civil forfeiture of proceeds from a criminal title, ‘‘Social Security Number Misuse Pre- pected offender may pose to the victim. Re- retirement offense. vention Act of 2003.’’ quires the court to make inquiry during a TITLE III—DETERRING IDENTITY THEFT Sec. 3132. Findings. Legislative findings in detention hearing concerning the views of AND ASSISTING VICTIMS OF CRIME support of this part. the victim, and to consider such views in de- Sec. 3133. Prohibition of the display, sale, AND DOMESTIC VIOLENCE termining whether the suspected offender or purchase of social security numbers. Pro- should be detained. Subtitle A—Deterring Identity Theft hibits the sale and display of a social secu- Sec. 3212. Right to a speedy trial. Requires Part 1—Identity Theft Victims Assistance rity number without the affirmatively ex- the court to consider the interests of the vic- Sec. 3111. Short title. Contains the short pressed consent of the individual, but allows tim in the prompt and appropriate disposi- title, the ‘‘Identity Theft Victims Assistance legitimate business-to-business and business- tion of the case, free from unreasonable Act of 2003’’. to-government uses of social security num- delay. Sec. 3112. Findings. Legislative findings in bers as defined by the Attorney General. Fi- Sec. 3213. Right to consult concerning plea. support of this part. nancial institutions, though not subject to Requires the government to make reasonable Sec. 3113. Treatment of identity theft miti- the Attorney General rule-making, are pro- efforts to notify the victim of, and consider gation. Requires business entities possessing hibited by their own regulators from selling the victim’s views about, any proposed or information relating to an identity theft or or displaying social security numbers to the contemplated plea agreement. Requires the that may have done business with a person general public. court, prior to entering judgment on a plea, who has made unauthorized use of a victim’s Sec. 3134. Application of prohibition of the to make inquiry concerning the views of the means of identification to provide without display, sale, or purchase of social security victim on the issue of the plea. charge to the victim or to any Federal, numbers to public records. Prohibits govern- Sec. 3214. Enhanced participatory rights at State, or local governing law enforcement ment entities from displaying social security trial. Provides standing for the prosecutor agency or officer specified by the victim cop- numbers on public records posted on the and the victim to assert the right of the vic- ies of all related application and transaction Internet. Only records posted on the Internet tim to attend and observe the trial. Extends information. Limits liability for business en- after the date of enactment are affected. In the Victim Rights Clarification Act to apply tities that provide information under this addition, the Attorney General may allow to televised proceedings. Amends the Vic- section for the purpose of identification and some entities that have already posted social tims’ Rights and Restitution Act of 1990 to prosecution of identity theft or to assist a security numbers on the Internet to con- strengthen the right of crime victims to be victim. Authorizes civil enforcement actions tinue doing so. This section also prohibits present at court proceedings, including by State Attorney General regarding iden- government entities from displaying a per- trials. tity theft. son’s social security number on any record Sec. 3215. Enhanced participatory rights at Sec. 3114. Amendments to the Fair Credit issued to the general public through CD– sentencing. Requires the probation officer to Reporting Act. Amends the Fair Credit Re- ROMs or other electronic media (for records include as part of the presentence report any porting Act to direct a consumer reporting issued after the date of enactment). victim impact statement submitted by a vic- agency, at the request of a consumer, to Sec. 3135. Rulemaking authority of the At- tim. Extends to all victims the right to block the reporting of any information iden- torney General. Allows the Attorney General make a statement or present information in tified by the consumer in such consumer’s to decide if social security numbers should relation to the sentence. Requires the court file resulting from identity theft, subject to be removed from the face of simple govern- to consider the victim’s views concerning specified requirements. ment documents like professional licenses. punishment, if such views are presented to Sec. 3115. Coordinating committee study of Sec. 3136. Treatment of social security the court, before imposing sentence. coordination among Federal, State, and numbers on government documents. Re- Sec. 3216. Right to notice concerning sen- local authorities in enforcing identity theft quires social security numbers to be prospec- tence adjustment. Requires the government laws. Amends the Internet False Identifica- tively removed from drivers’ licenses and to provide the victim the earliest possible tion Prevention Act of 2000 to (1) expand the government checks. notice of the scheduling of a hearing on membership of the coordinating committee Sec. 3137. Limits on personal disclosure of modification of probation or supervised re- on false identification to include the Chair- a social security number for consumer trans- lease for the offender. Sec. 3217. Right to notice concerning dis- man of the Federal Trade Commission, the actions. Limits, for the first time, when charge from psychiatric facility. Requires Postmaster General, and the Commissioner businesses may require a customer to pro- the government to provide the victim the of the United States Customs Service; (2) ex- vide his or her social security number. Under earliest possible notice of the discharge or tend the term of the coordinating committee this section, in general, businesses may not conditional discharge from a psychiatric fa- through December 28, 2004; (3) direct the co- require that the social security number be cility of an offender who was found not ordinating committee to include certain in- provided. Exceptions include business purposes related to credit reporting, background guilty by reason of insanity. formation regarding identity theft in its an- Sec. 3218. Right to notice concerning exec- nual reports to Congress. checks, and law enforcement. Sec. 3138. Extension of civil monetary pen- utive clemency. Requires the government to Part 2—Identity Theft Prevention Act alties for misuse of a social security number. provide the victim the earliest possible no- Sec. 3121. Short title. Contains the short Authorizes the Social Security Administra- tice of the grant of executive clemency to title, the ‘‘Identity Theft Prevention Act of tion to issue civil penalties of up to $5,000 for the offender. Requires the Attorney General 2003’’. people who misuse social security numbers. to report to Congress concerning executive Sec. 3122. Findings. Legislative findings in Sec. 3139. Criminal penalties for misuse of clemency matters delegated for review or in- support of this part. a social security number. Creates a five-year vestigation to the Attorney General.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S147 Sec. 3219. Procedures to promote compli- with a 6–month extension) to individuals and contributions for prior service of incumbents ance. Establishes an administrative system dependents who are homeless as a result of to the Civil Service Retirement and Dis- for enforcing the rights of crime victims in domestic violence, and for whom emergency ability Fund. Incumbents are given the op- the Federal system. shelter services or other crisis intervention tion of either contributing their own share of Part 2—Victim Assistance Initiatives services are unavailable or insufficient. any make-up contributions or receiving a Amounts authorized are $30 million for each proportionally lesser retirement benefit. The Sec. 3221. Pilot programs to enforce com- fiscal year through FY2007. Government may contribute its share of any pliance with State crime victim’s rights Sec. 3302. Shelter services for battered makeup contribution ratably over a ten-year laws. Authorizes the establishment of pilot women and children. Provides assistance to period. programs in five States to establish and op- local entities that provide shelter or transi- Sec. 4124. Department of Justice adminis- erate compliance authorities to promote tional housing assistance to victims of do- trative actions. Allows the Attorney General compliance and effective enforcement of mestic violence. Provides means to improve to designate additional Department of Jus- State laws regarding the rights of victims of access to information on family violence tice attorneys with substantially similar re- crime. Compliance authorities would receive within underserved 15 populations. Reau- sponsibilities, in addition to AUSAs, as Fed- and investigate complaints relating to the thorizes funding for the Family Violence eral prosecutors for purposes of this Act, and provision or violation of a crime victim’s Prevention and Services Act at a level of $175 thus be eligible for the LEO retirement ben- rights, and issue findings following such in- million through FY2006. efit. vestigations. Amounts authorized are $8 mil- Title IV—Supporting Law Enforcement and Subtitle B—Rural Law Enforcement lion through FY2004, and such sums as nec- Improvement and Training Grants essary for the next two fiscal years. the Effective Administration of Justice Sec. 3222. Increased resources to develop Subtitle A—Support for Public Safety Sec. 4201. Rural Law Enforcement Reten- state-of-the-art systems for notifying crime Officers and Prosecutors tion Grant Program. Authorizes grants to help rural communities retain law enforce- victims of important dates and develop- Part I—Providing Reliable Officers, Tech- ment officers hired through the COPS pro- ments. Authorizes grants to develop and im- nology, Education, Community Prosecu- gram for an additional year. Under this pro- plement crime victim notification systems. tors, and Training in Our Neighborhoods gram, rural communities are eligible to re- Amounts authorized are $10 million through Sec. 4101. Short title. Contains the short ceive a one-time retention grant of up to 20% FY2004, and $5 million for each of the next title, the ‘‘Providing Reliable Officers, Tech- of their original COPS award. Priority is two fiscal years. nology, Education, Community Prosecutors, given to communities that demonstrate fi- Sec. 3223. Restorative justice grants. Au- and Training in Our Neighborhoods Act of nancial hardship. Authorizes $15 million a thorizes grants to establish juvenile restora- 2003,’’ or ‘‘PROTECTION Act’’. year for five years. Provides a 10% set-aside tive justice programs. Eligible programs Sec. 4102. Authorizations. Authorizes $1.15 to assist tribal communities. shall: (1) be fully voluntary by both the vic- billion per year through FY 2008 to continue Sec. 4202. Rural Law Enforcement Tech- tim and the offender (who must admit re- and modernize the Community Oriented Po- nology Grant Program. Authorizes grants to sponsibility); (2) include as a critical compo- licing Services (COPS) program, which has help rural communities purchase crime- nent accountability conferences, at which funded 114,000 new community police officers fighting technologies without a community the victim will have the opportunity to ad- in over 12,400 law enforcement agencies. This policing requirement. Under this program, dress the offender directly; (3) require that amount includes $600 million for police hir- rural communities are eligible to receive conferences be attended by the victim, the ing grants, $350 million per year for law en- funding for the following general categories offender, and when possible, the parents or forcement technology grants, and $200 mil- of law enforcement-related technology: com- guardians of the offender, and the arresting lion per year for community prosecutor munications equipment; computer hardware officer; and (4) provide an early, individual- grants. and software; video cameras; and crime anal- ized assessment and action plan to each juve- Part 2—Hometown Heroes Survivors Benefits ysis technologies. Grant recipients must pro- nile offender. These programs may act as an vide 10% of the total grant amount, subject alternative to, or in addition to, incarcer- Sec. 4111. Short title. Contains the short to a waiver for extreme hardship. Authorizes ation. Amounts authorized are $10 million title, the ‘‘Hometown Heroes Survivors Ben- $40 million a year for five years. Provides a through FY2004, and $5 million for each of efits Act of 2003’’. Sec. 4112. Fatal heart attack or stroke on 10% set-aside to assist tribal communities. the next two fiscal years. duty presumed to be death in line of duty for Sec. 4203. Rural 9–1–1 service. Authorizes Part 3—Amendments to the Victims of purposes of public safety officer survivor $25 million in grants to establish and im- Crime Act benefits. Closes a loophole in the Depart- prove 911 emergency service in rural areas. Sec. 3231. Formula for distributions from ment of Justice Public Safety Officers Bene- Under this program, rural communities are the Crime Victims Fund. Replaces the an- fits Program by ensuring that the survivors eligible to receive a grant of up to $250,000 to nual cap on distributions from the Crime of public safety officers who die of heart at- provide access to, and improve, a commu- Victims Fund with a formula that ensures tacks or strokes while on duty or within 24 nications infrastructure that will ensure re- stability in the amounts distributed while hours after participating in a training exer- liable and seamless communications between preserving the amounts remaining in the cise or responding to an emergency situa- law enforcement, fire, and emergency med- Fund for use in future years. In general, sub- tion—regardless of whether a traumatic in- ical service providers. Priority is given to ject to the availability of money in the jury was present at the time of the heart at- communities that do not have 911 service. Fund, the total amount to be distributed in tack or stroke—are eligible to receive finan- Provides a 10% set-aside to assist tribal com- any fiscal year shall be not less than 105% cial assistance. This section applies to munities. nor more than 115% of the total amount dis- deaths occurring on or after January 1, 2002. Sec. 4204. Small town and rural law enforcement training program. Authorizes tributed in the previous fiscal year. This sec- Part 3—Federal Prosecutors Retirement funding to establish a Rural Policing Insti- tion also establishes minimum levels of an- Benefit Equity nual funding for both State victim assist- tute as part of the Small Town and Rural Sec. 4121. Short title. Contains the short ance grants and discretionary grants by the Training Program administered by the Fed- title, the ‘‘Federal Prosecutors Retirement Office for Victims of Crime. eral Law Enforcement Training Center. Benefit Equity Act of 2003’’. Sec. 3232. Clarification regarding anti-ter- Funds may be used to: (1) assess the needs of Sec. 4122. Inclusion of Federal prosecutors rorism emergency reserve. Clarifies the in- law enforcement in rural areas; (2) develop in the definition of a law enforcement offi- tent of the USA PATRIOT Act regarding the and deliver export training to rural law en- cer. Amends 5 U.S.C. §§ 8331 and 8401 to ex- restructured Antiterrorism emergency re- forcement; and (3) conduct outreach efforts tend the enhanced law enforcement officer serve, which was that any amounts used to to ensure that training programs under the (LEO) retirement benefits to Federal pros- replenish the reserve after the first year Rural Policing Institute reach law enforce- ecutors, defined to include Assistant United would be above any limitation on spending ment officers in rural areas. Authorizes $10 States Attorneys (AUSAs) and such other at- from the Fund. million through FY2004 to establish the torneys in the Department of Justice as are Sec. 3233. Prohibition on diverting crime Rural Policing Institute, and $5 million a designated by the Attorney General. This victims fund to offset increased spending. year for the next four years to continue pro- section also exempts Federal prosecutors Ensures that the amounts deposited in the grams under the Institute. Provides a 10% from mandatory retirement provisions for Crime Victims Fund are distributed in a set-aside to assist tribal communities. LEOs under the civil service laws. timely manner to assist victims of crime as Subtitle C—FBI Reform Sec. 4123. Provisions relating to incum- intended by current law and are not diverted bents. Governs the treatment of incumbent Sec. 4301. Short title. Contain the short to offset increased spending. Federal prosecutors who would be eligible title, the ‘‘Federal Bureau of Investigation Subtitle C—Violence Against Women Act for LEO retirement benefits under this part. Reform Act of 2003’’. Enhancements This section requires the Office of Personnel Part I—Whistleblower Protection Sec. 3301. Transitional housing assistance Management to provide notice to incum- Sec. 4311. Increasing protections for FBI grants. Authorizes grants to State and local bents of their rights under this part; allows whistleblowers. Amends 5 U.S.C. § 2303 to ex- governments, Indian tribes, and organiza- incumbents to opt out of the LEO retirement pand the types of disclosures that trigger tions to provide transitional housing and re- program; governs the crediting of prior serv- whistleblower protections by protecting dis- lated support services (18-month maximum ice by incumbents; and provides for make-up closures to a supervisor of the employee, the

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S148 CONGRESSIONAL RECORD — SENATE January 9, 2003 Inspector General for the Department of Jus- specified by the FBI Director as exception- Sec. 4362. Authorization for increased re- tice, a Member of Congress, or the Special ally sensitive. This program shall be estab- sources to protect security and information. Counsel (an office associated with enforce- lished within six months of the publication Authorizes funds for the Department of Jus- ment before the Merit Systems Protection of the results of the Polygraph Review by tice Security and Emergency Planning Staff Board provided for by 5 U.S.C. § 1214). the National Academy of Sciences’ Com- to meet the increased demands to provide Part 2—FBI Security Career Program mittee to Review the Scientific Evidence on personnel, physical, information, technical, the Polygraph. Sec. 4321. Security management policies. and litigation security for the Department, Sec. 4333. Regulations. Directs the Attor- Requires the Attorney General to establish to prepare for terrorist threats and other ney General to prescribe regulations for the policies and procedures for career manage- emergencies, and to review security compli- polygraph program, which regulations shall ance by Department components. Amounts ment of FBI security personnel. include procedures for addressing ‘‘false posi- Sec. 4322. Director of the Federal Bureau of authorized are $13 million through FY2004, tive’’ results and ensuring quality control. Investigation. Authorizes the Attorney Gen- $17 million for FY2005, and $22 million for No adverse personnel action may be taken eral to delegate to the FBI Director the At- FY2006. solely by reason of an individual’s physio- torney General’s duties with respect to the Sec. 4363. Authorization for increased re- logical reaction on a polygraph examination sources to fulfill national security mission of FBI security workforce, and ensures that the without further investigation and a personal security career program will cover both the Department of Justice. Authorizes funds determination by the FBI Director. Employ- for the Department of Justice Office of Intel- headquarters and FBI field offices. ees who are subject to polygraph 19 examina- Sec. 4323. Director of Security. Directs the ligence Policy and Review to help meet the tions shall have prompt access to unclassi- FBI Director to appoint a Director of Secu- increased personnel demands to combat ter- fied reports regarding any such examinations rorism, process applications to the Foreign rity to assist the FBI Director in carrying that relate to adverse personnel actions. out his duties under this part. Intelligence Surveillance Court, participate Sec. 4334. Report on further enhancement effectively in counterespionage investiga- Sec. 4324. Security career program boards. of FBI personnel security program. Requires Provides for the establishment of a security tions, provide policy analysis and oversight a report within nine months of the enact- on national security matters, and enhance career program board to advise in managing ment of this Act on any further legislative computer and telecommunications security. hiring, training, education, and career devel- action that the FBI Director considers ap- Amounts authorized are $7 million through opment of personnel in the FBI security propriate to enhance the FBI’s personnel se- FY2004, $7.5 million for FY2005, and $8 mil- workforce. curity program. Sec. 4325. Designation of security posi- lion for FY2006. Part 4—Report tions. Directs the FBI Director to designate Subtitle D—DNA Sexual Assault Justice Act certain positions as security positions, with Sec. 4341. Report on legal authority for FBI programs and activities. Requires a report Sec. 4401. Short title. Contains the short responsibility for personnel security and ac- title, the ‘‘DNA Sexual Assault Justice Act cess control; information systems security within nine months after enactment of this Act describing the legal authority for all FBI of 2003’’. and information assurance; physical security Sec. 4402. Assessment of backlog in DNA and technical surveillance countermeasures; programs and activities, identifying those that have express statutory authority and analysis of samples. Requires the Attorney operational, program and industrial secu- General to survey law enforcement to assess rity; and information security and classifica- those that do not. This section also requires the Attorney General to recommend whether the extent of the backlog of untested rape tion management. kits and other sexual assault evidence. With- Sec. 4326. Career development. Requires (1) the FBI should continue to have investigative responsibility for the criminal stat- in one year of enactment, the Attorney Gen- that career paths to senior security positions eral shall submit his findings in a report to be published. No requirement or preference utes for which it currently has investigative responsibility; (2) the authority for any FBI Congress with a plan for carrying out addi- for FBI Special Agents shall be used in the tional assessments and reports on the back- consideration of persons for security posi- program or activity should be modified or repealed; (3) the FBI should have express statu- log as needed. Authorizes $500,000 to carry tions unless the Attorney General makes a out this section. special determination. All FBI personnel tory authority for any program or activity for which it does not currently have such au- Sec. 4403. The Debbie Smith DNA Backlog shall have the opportunity to acquire the Grant Program. Names a section of the DNA education, training and experience needed thority; and (4) the FBI should have authority for any new program or activity. Backlog Elimination Act after Ms. Debbie for senior security positions. Policies estab- Smith, and amends the purpose section of Part 5—Ending the Double Standard lished under this part shall be designed to se- that Act to ensure the timely testing of rape lect the best qualified individuals, with con- Sec. 4351. Allowing disciplinary suspen- kits and evidence from non-suspect cases. sideration also given to the need for a bal- sions of members of the Senior Executive Sec. 4404. Increased grants for analysis of anced workforce. Service for 14 days or less. Lifts the min- DNA samples from convicted offenders and Sec. 4327. General education, training, and imum of 14 days suspension that applies in crime scenes. Extends and increases author- experience requirements. Directs the FBI Di- the FBI’s SES disciplinary cases and thereby izations in the DNA Analysis Backlog Elimi- rector to establish education, training, and provides additional options for discipline in nation Act, 42 U.S.C. § 14135. That Act au- experience requirements for each security SES cases and encourages equality of treat- thorizes $15 million dollars for FY2003 for position. Before assignment as a manager or ment. The current inflexibility of discipli- DNA testing of convicted offender samples, deputy manager of a significant security pro- nary options applicable to SES officials was and $50 million for FY2003 and FY2004 for gram, a person must have completed a secu- cited at a Senate Judiciary Committee over- DNA testing of crime scene evidence (includ- rity program management course accredited sight hearing in July 2001 as one underlying ing rape kits) and laboratory improvement. by the Intelligence Community-Department reason for the ‘‘double standard’’ in FBI dis- This section increases the convicted offender of Defense Joint Security Training Consor- cipline. authorization to $15 million a year through tium or determined to be comparable by the Sec. 4352. Submitting Office of Professional FY2007—a total increase of $60 million—and FBI Director, and have six years experience Responsibility reports to congressional com- increases the crime scene evidence and lab- in security. mittees. Requires the OIG to submit to the oratory improvement authorizations to $75 Sec. 4328. Education and training pro- Judiciary Committees, for five years, annual million a year through FY2006, and $25 mil- grams. Directs the FBI Director, in consulta- reports to be prepared by the FBI Office of lion for FY2007—a total increase of $275 mil- tion with the Director of Central Intel- Professional Responsibility summarizing its lion. ligence and the Secretary of Defense, to es- investigations, recommendations, and their Sec. 4405. Authority of local governments tablish education and training programs for dispositions, and also requires that such an- to apply for and receive DNA Backlog Elimi- FBI security personnel that are, to the max- nual reports include an analysis of whether nation Grants. Authorizes local State gov- imum extent practical, uniform with Intel- any double standard is being employed for ernments and Indian tribes to apply directly ligence and Department of Defense pro- FBI disciplinary action. for Debbie Smith DNA Backlog Grants so grams. Part 6—Enhancing Security at the that Federal resources can meet local needs Sec. 4329. Office of Personnel Management Department of Justice more quickly. approval. Directs the Attorney General to Sec. 4361. Report on the protection of secu- Sec. 4406. Improving eligibility criteria for submit any requirement established under rity and information at the Department of backlog grants. Amends the eligibility re- section 4327 to the Office of Personnel Man- Justice. Requires the Attorney General to quirements for Debbie Smith DNA Backlog agement for approval. submit a report to Congress on the manner Grants to ensure that applicants adhere to Part 3—FBI Counterintelligence Polygraph in which the Department of Justice Security certain protocols. In making Debbie Smith Program and Emergency Planning Staff, Office of In- DNA Backlog Grants, the Department of Sec. 4331. Definitions. Defines terms used telligence Policy and Review (OIPR), and Justice shall give priority to applicants with in this part. Chief Information Officer plan to improve the greatest backlogs per capita. Sec. 4332. Establishment of program. Es- the protection of security and information at Sec. 4407. Quality assurance standards for tablishes a counterintelligence screening the Department, including a plan to estab- collection and handling of DNA evidence. Re- polygraph program for the FBI, consisting of lish secure communications between the FBI quires the Department of Justice to develop periodic polygraph examinations of employ- and OIPR for processing information related a recommended national protocol for the col- ees and contractors in positions that are to the Foreign Intelligence Surveillance Act. lection of DNA evidence at crime scenes,

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S149 which will provide guidance to law enforce- Sec. 4503. Professional standards for gov- supporting comprehensive drug testing of ment and other first responders on appro- ernment attorneys. Clarifies the attorney criminal justice populations, and to estab- priate ways to collect and maintain DNA conduct standards governing attorneys for lish appropriate interventions to illegal drug evidence. This section also amends the Vio- the Federal Government to ensure that Fed- use for offender populations. lence Against Women Act of 2000, 42 U.S.C. eral prosecutors and agents can use tradi- Sec. 5122. Administration. Instructs Attor- 3796gg, to ensure that the recommended national Federal law enforcement techniques ney General to coordinate with the other De- tional protocol for training individuals in without running afoul of State bar rules. partment of Justice initiatives that address the collection and use of DNA evidence This section also directs the U.S. Judicial drug testing and interventions in the crimi- through forensic examination in cases of sex- Conference to develop national rules of pro- nal justice system ual assault that is mandated by that Act is fessional conduct in any area in which local Sec. 5123. Applications. Instructs potential in fact developed, and to include standards rules may interfere with effective Federal applicants on the process of requesting such for training of emergency response per- law enforcement, including, in particular, grants, which are to be awarded on a com- sonnel. with respect to communications with rep- petitive basis. Sec. 4408. Sexual Assault Forensic Exam resented persons. Sec. 5124. Federal share. The Federal share Program Grants. Authorizes grants to estab- TITLE V—COMBATING DRUG AND GUN of a grant made under this part may not ex- lish and maintain sexual assault examiner VIOLENCE ceed 75% of the total cost of the program. programs, carry out sexual assault examiner Subtitle A—Drug Treatment, Prevention, Sec. 5125. Geographic distribution. The At- training and certification, and acquire or im- and Testing torney General shall ensure that, to the ex- prove forensic equipment. The grant pro- tent practicable, an equitable geographic Part 1—Drug Treatment gram is authorized through FY2007, at $30 distribution of grant awards is made, with million per year. In awarding grants under Sec. 5101. Funding for treatment in rural rural and tribal jurisdiction representation. this section, the Attorney General shall give States and economically depressed commu- Sec. 5126. Technical assistance, training, priority to programs that are serving or will nities. Authorizes grants to States to pro- and evaluation. The Attorney General shall serve communities that are currently under- vide treatment facilities in the neediest provide technical assistance and training in served by existing sexual assault examiner rural States and economically depressed furtherance of the purposes of this part. programs. communities that have high rates of drug ad- Sec. 5127. Authorization of appropriations. Sec. 4409. DNA Evidence Training Grants. diction but lack resources to provide ade- Authorizes $75 million for FY2003 and such Authorizes grants to train law enforcement quate treatment. Amount authorized is $50 sums as are necessary through FY2007. and prosecutors in the collection, handling, million a year through FY2006. Sec. 5128. Permanent set-aside for research and courtroom use of DNA evidence, and to Sec. 5102. Funding for residential treat- and evaluation. The Attorney General shall train law enforcement in responding to drug- ment centers for women with children. Au- set aside between 1% to 3% of the sums ap- facilitated sexual assaults. Grants are con- thorizes grants to States to provide residen- propriated under section 5127 for research tingent upon adherence to FBI laboratory tial treatment facilities for methamphet- and evaluation of this program. amine, heroin, and other drug addicted protocols, use of the collection standards es- Part 4–Crack House Statute Amendments tablished pursuant to section 4407 and par- women who have minor children. These fa- ticipation in a State laboratory system. The cilities offer specialized treatment for ad- Sec. 5131. Offenses. Amends crack house grant program is authorized through FY2007, dicted mothers and allow their children to statute (21 U.S.C. § 856) to make it apply to at $10 million per year. reside with them in the facility or nearby those who (1) knowingly open, lease, rent, Sec. 4410. Authorizing John Doe DNA In- while treatment is ongoing. Amount author- use or maintain a place either permanently dictments. In Federal sexual assault crimes, ized is $10 million a year through FY2006. or temporarily for the purpose of manufac- authorizes the issuance of ‘‘John Doe’’ DNA Sec. 5103. Drug treatment alternative to turing, distributing or using any controlled indictments that identify the defendant by prison programs administered by State or substance and (2) manage or control any his DNA profile. Such indictments must local prosecutors. Authorizes grants to State place, whether permanently or temporarily, issue within the applicable statute of limita- or local prosecutors to implement or expand for the purpose of unlawfully manufacturing, tions; thereafter, the prosecution may com- drug treatment alternatives to prison pro- storing, distributing, or using a controlled mence at any time once the defendant is ar- grams. Amounts authorized are $75 million substance. These changes clarify that the rested or served with a summons. through FY2004, $85 million for FY2005, $95 law applies not just to ongoing drug distribu- Sec. 4411. Increased grants for Combined million for FY2006, $105 million for FY2007, tion operations, but to ‘‘single-event’’ activi- DNA Index System (CODIS). Authorizes $9.7 and $125 million for FY2008. ties. This section also applies the law to out- million to upgrade the national DNA data- Sec. 5104. Substance abuse treatment in door as well as indoor venues. base. Federal prisons reauthorization. Authorizes Sec. 5132. Civil penalty and equitable relief Sec. 4412. Increased grants for Federal Con- funding for substance abuse treatment in for maintaining drug-involved premises. Es- victed Offender Program (FCOP). Authorizes Federal prisons through FY2004. tablishes the civil penalty for violating 21 $500,000 to process Federal offender DNA Sec. 5105. Drug treatment for juveniles. Al- U.S.C. § 856 as amended to either $250,000 or samples and enter that information into the lows the Director of the Center for Sub- two times the gross receipts that were de- national DNA database. stance Abuse to make grants to public and rived from each violation of that section. Sec. 4413. Privacy requirements for han- private nonprofit entities to provide residen- Sec. 5133. Declaratory and injunctive rem- dling DNA evidence and DNA analyses. Re- tial drug treatment programs for juveniles. edies. Authorizes the Attorney General to quires the Department of Justice to promul- Authorizes such sums as necessary through commence a civil action for declaratory or gate privacy regulations that will limit the FY2005, and $300 million a year through injunctive relief for violations of 21 U.S.C. use and dissemination of DNA information FY2007 from the Violent Crime Reduction § 856 as amended. generated for criminal justice purposes, and Trust Fund. Sec. 5134. Sentencing Commission guide- ensure the privacy, security, and confiden- Part 2—Funding for Drug-Free Community lines. Requires the Sentencing Commission tiality of DNA samples and analyses. This Programs to review Federal sentencing guidelines with section also amends the DNA Analysis Back- Sec. 5111. Extension of Safe and Drug-Free respect to offenses involving gammahydrox- log Reduction Act of 2000 to increase crimi- Schools and Communities Program. Extends ybutyric acid and consider amending Federal nal penalties for disclosing or using a DNA funding for the Safe and Drug-Free Schools sentencing guidelines to provide for in- sample or DNA analysis in violation of that and Communities Program through FY2007, creased penalties. act by a fine not to exceed $100,000 per of- at $655 million a year through FY2005, and Sec. 5135. Authorization of appropriations fense. $955 million for FY2006 and FY2007. for a demand reduction coordinator. Author- Subtitle E—Additional Improvements to the Sec. 5112. Say No to Drugs Community izes $5.9 million to the Drug Enforcement Justice System Centers. Authorizes grants for the provision Administration to hire a special agent in each State to coordinate demand reduction Sec. 4501. Providing remedies for retalia- of drug prevention services to youth living in activities. tion against whistleblowers making congres- eligible communities during after-school Sec. 5136. Authorization of appropriations sional disclosures. Provides a remedy for the hours or summer vacations. Authorizes $125 for drug education. Authorizes such sums as currently existing right under 5 U.S.C. § 7211 million a year through FY2005 from the Vio- may be necessary to the Drug Enforcement for Federal employees to provide informa- lent Crime Reduction Trust Fund. Administration to educate youths, parents, tion to a Member or Committee of Congress Sec. 5113. Drug education and prevention and other interested adults about the drugs without retaliation. The existing statute relating to youth gangs. Extends funding associated with raves. provides a right without any remedy for such under the Anti-Drug Abuse Act of 1988 retaliation; this section creates a cause of through FY2007. Part 5—Cracking Down on action for the injured employee. Sec. 5114. Drug education and prevention Methamphetamine in Rural Areas Sec. 4502. Establishment of protective func- program for runaway and homeless youth. Sec. 5141. Methamphetamine treatment tion privilege. Establishes a privilege Extends funding under the Anti-Drug Abuse programs in rural areas. Authorizes grants against testimony by Secret Service officers Act of 1988 through FY2007. to establish methamphetamine prevention charged with protecting the President, those Part 3—Zero Tolerance Drug Testing and treatment pilot programs in rural areas. in direct line for the Presidency, and visiting Sec. 5121. Grant authority. Authorizes Provides a 10% set-aside to assist tribal com- foreign heads of state. grants to States and localities for programs munities.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S150 CONGRESSIONAL RECORD — SENATE January 9, 2003 Sec. 5142. Methamphetamine prevention the Secretary to assist firearm manufactur- Sec. 5246. Increased penalty for firearms education. Authorizes $5 million a year ers and importers in complying. Specifies conspiracy. Subjects conspirators to the through FY2008 to fund programs that edu- that nothing herein creates a cause of action same penalties as are provided for the under- cate people in rural areas about the early against any Federal firearms licensee or any lying firearm offenses in 18 U.S.C. § 924. signs of methamphetamine use. Provides a other person for any civil liability except for Part 6—Closing the Gun Show Loophole 10% set-aside to assist tribal communities. imposition of a civil penalty under this sec- Sec. 5251. Findings. Legislative findings in Sec. 5143. Methamphetamine cleanup. Au- tion. Authorizes $20 million a year through support of this part. thorizes $20 million to make grants to States FY2006 to carry out this program. Sec. 5252. Extension of Brady background Sec. 5215. Privacy rights of law abiding or units of local government to help cleanup checks to gun shows. Closes the gun show citizens. Prohibits the use of ballistics infor- methamphetamine laboratories in rural loophole by regulating firearms transfers at mation of individual guns for (1) prosecu- areas and improve contract-related response gun shows, including requiring criminal torial purposes, unless law enforcement offi- times for such cleanups. Provides a 10% set- background checks on all transferees. In- cials have a reasonable belief that a crime aside to assist tribal communities. creases penalties for serious record-keeping has been committed and that ballistics infor- Subtitle B—Disarming Felons violations by licensees, and for violations of mation would assist in the investigation of criminal background check requirements. Part 1—Our Lady of Peace Act that crime, or (2) the creation of a national Amends the Brady law to prevent the Fed- Sec. 5201. Short Title. Contains the short firearms registry of gun owners. title, the ‘‘Our Lady of Peace Act of 2003’’. Sec. 5216. Demonstration firearm crime re- eral government from keeping records on Sec. 5202. Findings. Legislative findings in duction strategy. Directs the Secretary and qualified purchasers for more than 90 days. support of this part. the Attorney General to establish in the ju- TITLE VI—THE INNOCENCE PROTECTION Sec. 5203. Enhancement of requirement risdictions selected a comprehensive firearm ACT that Federal departments and agencies pro- crime reduction strategy. Requires the Sec- Sec. 6001. Short title. Contains the short vide relevant information to the National In- retary and the Attorney General to select title, the ‘‘Innocence Protection Act of 2003.’’ stant Criminal Background Check System. not fewer than ten jurisdictions for partici- Subtitle A—Exonerating the Innocent Amends the Brady Handgun Violence Pre- pation in the program. Authorizes $20 mil- Through DNA Testing vention Act to require the head of each U.S. lion per year through FY2006 to carry out Sec. 6101. DNA testing in Federal criminal department or agency to ascertain whether this program. justice system. Establishes rules and proce- it has such information on persons for whom Part 3—Extension of Project Exile dures governing applications for DNA testing receipt of a firearm would violate specified Sec. 5221. Authorization of funding for ad- by inmates in the Federal system, and pro- Federal provisions regarding excluded indi- ditional State and local gun prosecutors. Au- hibits the destruction of biological evidence viduals or State law as is necessary to enable thorizes $150 million to hire additional local in a criminal case while a defendant remains the National Instant Criminal Background and State prosecutors to expand the Project incarcerated, with exceptions. Check System (NICS) to operate. Directs Exile program in high gun-crime areas. Re- Sec. 6102. DNA testing in State criminal that any such record that the department or quires interdisciplinary team approach to justice system. Conditions receipt of Federal agency has to be made available to the At- prevent, reduce, and respond to firearm re- grants for DNA-related programs on assur- torney General for inclusion in the NICS. lated crimes in partnership with commu- ances that the State will adopt adequate pro- Sec. 5204. Requirements to obtain waiver. nities. cedures for preserving DNA evidence and Makes a State eligible to receive a waiver of Part 4—Expansion of the Youth Crime Gun making DNA testing available to inmates. the 10% matching requirement for National Interdiction Initiative States must also agree to review their cap- Criminal History Improvement Grants if the ital convictions and conduct DNA testing State provides at least 95% of the informa- Sec. 5231. Youth Crime Gun Interdiction Initiative. Directs the Secretary of the where appropriate and, in cases where DNA tion described in this Act, including the testing exonerates an inmate, investigate name of and other relevant identifying infor- Treasury to expand participation in the Youth Crime Gun Interdiction Initiative what went wrong and take steps to prevent mation related to each person disqualified similar errors in future cases. from acquiring a firearm. (YCGII). Authorizes grants to States and localities for purposes of assisting them in the Sec. 6103. Prohibition pursuant to section 5 Sec. 5205. Implementation grants to States. of the 14th Amendment. Prohibits States Directs the Attorney General to make grants tracing of firearms and participation in the YCGII. from denying State prisoners access to evi- to each State: (1) to establish or upgrade in- dence for the purpose of DNA testing, where Part 5—Gun Offenses formation and identification technologies for such testing has the scientific potential to firearms eligibility determinations; and (2) Sec. 5241 Gun ban for dangerous juvenile produce new, noncumulative evidence that is for use by the State’s chief judicial officer to offenders. Prohibits juveniles adjudged delin- material to the prisoner’s claim of inno- improve the handling of proceedings related quent for serious drug offenses or violent cence, and that raises a reasonable prob- to criminal history dispositions and restrain- felonies from receiving or possessing a fire- ability that he or she would not have been ing orders. Authorizes $250 million a year arm, and makes it a crime for any person to convicted. through FY2006. sell or provide a firearm to someone they Sec. 6104. Grants to prosecutors for DNA Sec. 5206 Continuing evaluations. Requires have reason to believe has been adjudged de- testing programs. Permits States to use the Director of the Bureau of Justice Statis- linquent. This section applies only prospec- grants under the Edward Byrn Memorial tics to study and evaluate the operations of tively, and access to firearms may be re- State and Local Law Enforcement Assist- NICS and to report on grants and on best stored under State restoration of rights pro- ance Programs to fund the growing number practices of States. visions, but only if such restoration is on a of prosecutor-initiated programs that review Sec. 5207. Grants to State courts for the case-by-case, rather than automatic basis. convictions to identify cases in which DNA improvement in automation and transmittal Sec. 5242. Improving firearms safety. Re- testing is appropriate and that offer DNA of disposition record. Directs the Attorney quires gun dealers to have secure gun stor- testing to inmates in such cases. age devices available for sale, including any General to make grants to each State for use Subtitle B—Improving State Systems for device or attachment to prevent a gun’s use by the chief judicial officer of the State to Providing Competent Legal Services in by one not having regular access to the fire- improve the handling of proceedings related Capital Cases to criminal history dispositions and restrain- arm, or a lockable safe or storage box. Sec. 6201. Capital Representation System ing orders. Authorizes $125 million a year Sec. 5243. Juvenile handgun safety. In- Improvement Grants. Authorizes grants to through FY2006. creases the maximum penalty for transferring a handgun to a juvenile or for a juvenile States to improve the quality of legal rep- Part 2—Ballistics, Law Assistance, and to unlawfully possess a handgun from one to resentation provided to indigent defendants Safety Technology five years. in capital cases. States that choose to accept Sec. 5211. Short title. Contains the short Sec. 5244. Serious juvenile drug offenses as Federal funds agree to create or improve an title, the ‘‘Ballistics, Law Assistance, and armed career criminal predicates. Permits effective system for providing competent Safety Technology Act of 2003,’’ or ‘‘BLAST the use of an adjudication of juvenile delin- legal representation in capital cases. The fol- Act’’. quency for a serious drug trafficking offense lowing funds are authorized to carry out the Sec. 5212. Purposes. Statement of legisla- as a predicate offense for determining wheth- grant programs: FY2003: $50.million; FY2004: tive purposes. er a defendant falls within the Armed Career $75 million; FY2005 and FY2006: $ 100 million Sec. 5213. Definition of ballistics. Defines Criminal Act. That act provides additional per year; FY2007: $75 million; FY2008: $50 mil- terms used in this part. penalties for armed criminals with a proven lion. Sec. 5214. Test firing and automated stor- record of serious crimes involving drugs and Sec. 6202. Enforcement suits. A person may age of ballistics records. Requires a licensed violence. bring a civil suit in Federal district court manufacturer or importer to test fire fire- Sec. 5245. Increased penalty for transfer- against an officer of a State receiving Fed- arms, prepare ballistics images, make ring a firearm to a minor for use in crime of eral funds under section 6201, alleging that records available to the Secretary of the violence or drug trafficking crime. Increases the State has failed to maintain an effective Treasury for entry in a computerized data- the maximum penalty for providing a fire- capital representation system as required base, and store the fired bullet and cartridge arm to a juvenile that one knows will be under the grant program. The Attorney Gen- casings. Directs the Attorney General and used in a serious crime from 10 to 15 years. eral may intervene in such suits, and where

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S151 he does so, he assumes responsibility for con- Sec. 7103. Inadmissibility and deportability is a crime to receive, conceal or retain prop- ducting the action. If the court finds that of foreign government officials who have erty stolen from a tribal organization if one the State has not met the grant conditions, committed particularly severe violations of knows that the property has been stolen, it may order injunctive or declaratory relief, religious freedom. Amends 8 U.S.C. 11 even if one did not know that it had been but not money damages. 82(a)(2)(G), which was added as part of the stolen from a tribal organization. Sec. 6203. Grants to qualified capital de- International Religious Freedom Act of 1998, Sec. 7206. Larceny involving post office fender organizations. If a State does not to expand the grounds for inadmissibility boxes and postal stamp vending machines. qualify or does not apply for a grant under and deportability of aliens who commit par- Clarifies that it is a crime to steal from a section 6201, a qualified capital defender or- ticularly severe violations of religious free- post office box or stamp vending machine ir- ganization in that State may apply for grant dom. respective of whether it is in a building used funds. Grants to such organizations may be Sec. 7104. Bar to good moral character for by the Postal Service. used to strengthen systems, recruit and train aliens who have committed acts of torture, Sec. 7207. Expansion of Federal theft of- attorneys, and augment an organization’s re- extrajudicial killings, or severe violations of fenses to cover theft of vessels. Expands Fed- sources for providing competent representa- religious freedom. Amends 8 U.S.C. 1101(f), eral law covering the transportation of sto- tion in capital cases. which provides the current definition of len vehicles to include watercraft. Sec. 6204. Grants to train prosecutors, de- ‘‘good moral character,’’ to make clear that Subtitle C—Additional Improvements and fense counsel, and State and local judges aliens who have committed torture, Corrections to the Federal Criminal Laws handling State capital cases. Authorizes extrajudicial killing, or severe violation of Sec. 7301. Enhanced penalties for cultural grants to train State and local prosecutors, religious freedom abroad do not qualify. This heritage crimes. Increases penalties for vio- defense counsel, and judges in handling cap- amendment prevents aliens covered by the lations of the Archaeological Resources Pro- ital cases. Each program is authorized at $15 amendments made in sections 7102 and 7103 tection Act of 1979 and other cultural herit- million through FY2007. from becoming U.S. citizens or benefitting age crimes. Subtitle C—Right to Review of the Death from cancellation of removal or voluntary Sec. 7302. Enhanced enforcement of laws af- Penalty Upon the Grant of Certiorari departure. fecting racketeer-influenced and corrupt or- Sec. 6301. Protecting the rights of death Sec. 7105. Establishment of the Office of ganizations. Enhances the ability of Federal row inmates to review of cases granted cer- Special Investigations. Provides explicit and State regulators to enforce existing law tiorari. Ensure that a defendant who is statutory authority for the Office of Special by giving State Attorneys General and the granted certiorari by the Supreme Court (an Investigations (OSI), which was established Securities and Exchange Commission ex- action requiring four affirmative votes by in 1979 within the Criminal Division of the plicit authority to bring a civil RICO action qualified Justices), but who is not granted a Department, and expands OSI’s current au- under 18 U.S.C. § 1964. Currently, only the stay of execution by the Court (an action re- thorized mission beyond Nazi war criminals. U.S. Attorney General has such authority. Sec. 7303. Increased maximum corporate quiring five affirmative votes), is not exe- This section also sets forth specific consider- penalty for antitrust violations. Increases cuted while awaiting review of his case. ations in determining the appropriate legal action to take against an alien who has par- the maximum statutory fine for corporations Subtitle D—Compensation for the convicted of criminal antitrust violations Wrongfully Convicted ticipated in Nazi persecution, genocide, torture or extrajudicial killing abroad, and ex- from the current Sherman Act maximum of Sec. 6401. Increased compensation in Fed- pressly directs the Department of Justice to $10 million to a new maximum of $100 mil- eral cases. Increases the maximum amount consider the availability of prosecution lion. of damages that the U.S. Court of Federal under U.S. laws for any conduct that forms Sec. 7304. Technical correction to ensure Claims may award against the United States the basis for removal and denaturalization. compliance of sentencing guidelines with in cases of unjust imprisonment from a flat In addition, the Department is directed to provisions of all Federal statutes. Ensures $5,000 to $ 10,000 per year. consider deportation to foreign jurisdictions that sentencing guidelines promulgated by Sec. 6402. Sense of Congress regarding com- that are prepared to undertake such a pros- the United States Sentencing Commission pensation in State death penalty cases. Ex- ecution. are consistent with the provisions of all Fed- presses the sense of Congress that States Sec. 7106. Report on implementation. Di- eral statutes. should provide reasonable compensation to rects the Attorney General, in consultation Sec. 7305. Inclusion of assault crimes and any person found to have been unjustly con- with the INS Commissioner, to report within unlicensed money transmitting businesses as victed of an offense against the State and six months on the implementation of the racketeering activity. Makes assault with a sentenced to death. Act, including procedures for referral of mat- dangerous weapon, assault resulting in seri- Subtitle E—Student Loan Repayment for ters to OSI, any revisions made to INS forms ous bodily injury, and operating an unli- Public Attorneys to reflect amendments made by the Act, and censed money transmitting business predi- Sec. 6501. Student loan repayment for pub- the procedures developed, with adequate due cate crimes for a RICO prosecution. Sec. 7306. Inclusion of unlicensed money lic attorneys. Encourages qualified individ- process protection, to obtain sufficient evi- transmitting businesses and structuring cur- uals to enter and continue employment as dence and determine whether an alien is rency transactions to evade reporting re- prosecutors and public defenders by estab- deemed inadmissible under the Act. quirement as wiretap predicates. Adds § 18 lishing a program to repay Stafford loans for Subtitle B—Deterring Cargo Theft both prosecutors and defenders who agree to U.S.C. §§ 1960 and 5324 to list of offenses for Sec. 7201. Punishment of cargo theft. Clari- remain employed for the required period of which the Government may seek a wiretap. fies Federal statute governing thefts of vehi- service. This section also extends Perkins cles normally used in interstate commerce By Mr. ALLARD (for himself, loan forgiveness—currently available only to to includes trailers, motortrucks, and air prosecutors—to public defenders. Repayment Mrs. CLINTON, Mr. SHELBY, Mr. cargo containers; and freight warehouses and benefits may not exceed $6,000 in a single cal- FEINGOLD, Mr. BURNS, Mr. SES- transfer stations. Makes such a theft a fel- endar year, or a total of $40,000 for any indi- SIONS, Mr. HARKIN, and Mr. ony punishable by three (not one) years in vidual. CORZINE): prison. Provides for appropriate amendments S. 98. A bill to amend the Bank Hold- TITLE VII—STRENGTHENING THE to the Sentencing Guidelines. FEDERAL CRIMINAL LAWS Sec. 7202. Reports to Congress on cargo ing Company Act of 1956, and the Re- Subtitle A—Anti-Atrocity Alien Deportation theft. Mandates annual reports by the Attor- vised Statutes of the United States, to Act ney General to evaluate and identify further prohibit financial holding companies Sec. 7101. Short title. Contains the short means of combating cargo theft. and national banks from engaging, di- title, the ‘‘Anti-Atrocity Alien Deportation Sec. 7203. Establishment of advisory com- rectly or indirectly, in real estate bro- Act of 2003’’. mittee on cargo theft. Establishes a 6-mem- kerage or real estate management ac- Sec. 7102. Inadmissibility and deportability ber Advisory Committee on Cargo Theft with tivities, and for other purposes; to the of aliens who have committed acts of torture representatives of the Departments of Jus- or extrajudicial killing abroad. Amends the tice, Treasury and Transportation, and three Committee on Banking, Housing, and Immigration and Nationality Act by expand- experts from the private sector. Committee Urban Affairs. ing the grounds for inadmissibility and de- will hold hearings and submit a report with- Mr. ALLARD. Mr. President, I would portation to cover aliens who have com- in one year with detailed recommendations like to make a few brief comments mitted, ordered, incited, assisted, or other- on cargo security. about legislation I am introducing wise participated in the commission of acts Sec. 7204. Addition of attempted theft and today. I also will talk briefly about of torture or extrajudicial killing abroad and counterfeiting offenses to eliminate gaps and some of the agenda items I have been clarify and expand the scope of the genocide inconsistencies in coverage. Amends 22 stat- looking at for this year. Obviously, bar. This section applies to acts committed utes to clarify that an attempt to embezzle having just been sworn into office before, on, or after the date this legislation funds or counterfeit is a crime, just as is ac- is enacted, and to all cases after enactment, tual embezzlement or counterfeiting. today, we are putting together our even where the acts in question occurred or Sec. 7205. Clarification of scienter require- agendas and beginning to think seri- where adjudication procedures were initiated ment for receiving property stolen from an ously about what kind of issues we prior to enactment. Indian tribal organization. Provides that it would like to put forward.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S152 CONGRESSIONAL RECORD — SENATE January 9, 2003 The people of Colorado understand Additionally, Realtors help fuel the (other than as a depository institution for that, as we move into this session, my economy as small businesses. As a any person providing real estate manage- priority is the cleanup of a number of small businessman myself, I can appre- ment services for any tenant or lessor of real our Superfund sites in Colorado, stay- ciate the challenges of starting and property); ‘‘(iv) billing and collecting rental paying on track with the cleanup of Rocky running a small business. As a U.S. ments with respect to real property or pro- Flats by 2006, cleaning up the Shattuck Senator I have worked hard to reduce viding periodic accounting for such pay- waste site, as well as the cleanup of rules and regulations hindering small ments; Pueblo Depot. businesses, as well as excessive taxes. ‘‘(v) making principal, interest, insurance, I will also be working on transpor- The Community Choice in Real Estate tax, or utility payments with respect to real tation issues which are important to Act of 2003 will ensure that small real property (other than as a depository institu- States such as Colorado, Wyoming, the estate businesses are able to continue tion or other financial institution on behalf home State of the presiding officer, as to thrive. of, and at the direction of, an account holder Mr. President, I urge the Senate to at the institution); well as throughout the country. Trans- ‘‘(vi) overseeing the inspection, mainte- portation will be a big issue as we promptly consider this matter, and I nance, and upkeep of real property, gen- move into this session. would ask unanimous consent that the erally; and Another issue I have spoken about is text of the bill be printed in the ‘‘(vii) offering to engage in any activity, or housing, which we will be dealing with Record. act in any capacity, described in clause (i), in this session. I also plan to focus on There being no objection, the bill was (ii), (iii), (iv), (v), or (vi). missile defense and judiciary nomina- ordered to be printed in the RECORD, as ‘‘(D) EXCEPTION FOR COMPANY PROPERTY.— tions. follows: This paragraph does not apply to an activity The legislation I rise today to intro- S. 98 of a bank holding company or any affiliate of such company that directly relates to man- Be it enacted by the Senate and House of Rep- duce is called the Community Choice aging any real property owned by such com- resentatives of the United States of America in In Real Estate Act of 2003. I am pleased pany or affiliate, or the purchase, sale, or Congress assembled, to have Senators CLINTON, SHELBY, lease of property owned, or to be used or oc- FEINGOLD, BURNS, SESSIONS, and HAR- SECTION 1. SHORT TITLE. cupied, by such company or affiliate.’’. This Act may be cited as the ‘‘Community KIN join me in introducing this bill. (b) REVISED STATUTES OF THE UNITED Choice in Real Estate Act of 2003’’. This is something I am doing as part of STATES.—Section 5136A(b) of the Revised SEC. 2. CLARIFICATION THAT REAL ESTATE BRO- the effort to keep the housing markets Statutes of the United States (12 U.S.C. KERAGE AND MANAGEMENT ACTIVI- 24a(b)) is amended by adding at the end the competitive and strong. TIES ARE NOT BANKING OR FINAN- following new paragraph: CIAL ACTIVITIES. The Community Choice in Real Es- ‘‘(4) REAL ESTATE BROKERAGE AND REAL ES- (a) BANK HOLDING COMPANY ACT OF 1956.— tate Act of 2003 is the continuation of TATE MANAGEMENT ACTIVITIES.— an effort that I began in the 107th Con- Section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)) is amended by ‘‘(A) IN GENERAL.—The Secretary may not gress. This bill would clarify Congres- adding at the end the following new para- determine that real estate brokerage activ- sional intent that real estate broker- graph: ity or real estate management activity is an activity that is financial in nature, is inci- age and management are not financial ‘‘(8) REAL ESTATE BROKERAGE AND REAL ES- dental to any financial activity, or is com- activities and would therefore retain TATE MANAGEMENT ACTIVITIES.— plementary to a financial activity. the separation of commerce and bank- ‘‘(A) IN GENERAL.—The Board may not de- ‘‘(B) DEFINITIONS.—For purposes of this ing that we intended during consider- termine that real estate brokerage activity or real estate management activity is an ac- paragraph, the terms ‘real estate brokerage ation of the Gramm-Leach-Bliley Act. activity’ and ‘real estate management activ- The Gramm-Leach-Bliley Act closed tivity that is financial in nature, is incidental to any financial activity, or is com- ity’ have the same meanings as in section the unitary thrift loophole that al- plementary to a financial activity. 4(k)(8) of the Bank Holding Company Act of 1956. lowed a single savings and loan to be ‘‘(B) REAL ESTATE BROKERAGE ACTIVITY DE- ‘‘(C) EXCEPTION FOR COMPANY PROPERTY.— owned by a commercial entity. This FINED.—For purposes of this paragraph, the clearly established that banking and term ‘real estate brokerage activity’ means This paragraph does not apply to an activity commerce were not to mix. Congress any activity that involves offering or proof a national bank, or a subsidiary of a national bank, that directly relates to man- explicitly defined several functions to viding real estate brokerage services to the public, including— aging any real property owned by such bank be financial in nature or incidental to or subsidiary, or the purchase, sale, or lease finance to clarify the separation. Real ‘‘(i) acting as an agent for a buyer, seller, lessor, or lessee of real property; of property owned, or to be owned, by such estate management and brokerage ‘‘(ii) listing or advertising real property for bank or subsidiary.’’. services were not defined as financial sale, purchase, lease, rental, or exchange; Mrs. CLINTON. Mr. President, I am activities. ‘‘(iii) providing advice in connection with so pleased to join my colleague, Sen- Congress already established a clear sale, purchase, lease, rental, or exchange of ator ALLARD from Colorado, today to position regarding banks’ involvement real property; introduce the Community Choice in in real estate management and broker- ‘‘(iv) bringing together parties interested Real Estate Act of 2003. age activities, and the bill I’m intro- in the sale, purchase, lease, rental, or ex- This critically important piece of ducing with my colleagues would reit- change of real property; legislation would clarify Congressional erate that prohibition. I believe that ‘‘(v) negotiating, on behalf of any party, any portion of a contract relating to the intent, by preventing the Federal Re- we should not permit federal regulators sale, purchase, lease, rental, or exchange of serve Board and the Treasury Depart- to preempt the intent of Congress. real property (other than in connection with ment from issuing a regulation permit- The real estate and banking indus- providing financing with respect to any such ting banks and their affiliates from en- tries have served America well, and I transaction); gaging in real estate management and believe that the current system pro- ‘‘(vi) engaging in any activity for which a brokerage activities, which are com- vides consumers with many important person engaged in the activity is required to mercial—and not financial—in nature. options. I know that the regulators re- be registered or licensed as a real estate The legislation that Senator ALLARD ceived many letter during the com- agent or broker under any applicable law; and I are introducing today recognizes and the possible unintended consequences ment period. I commend them for tak- ‘‘(vii) offering to engage in any activity, or ing the time to allow all interested act in any capacity, described in clause (i), that implementation of such regula- parties to comment and for their (ii), (iii), (iv), (v), or (vi). tion could have on consumers and on pledge to carefully review all com- ‘‘(C) REAL ESTATE MANAGEMENT ACTIVITY the real estate industry. The powers af- ments. I intend to continue to work DEFINED.—For purposes of this paragraph, forded banks under the Gramm-Leach- with them to ensure that Congres- the term ‘real estate management activity’ Bliley act would give banks a consider- sional intent is followed in this matter. means any activity that involves offering or able competitive advantage over bro- Realtors play a vital role in our econ- providing real estate management services kers and service providers who lack ac- omy, and housing has been one of the to the public, including— cess to customer financial information. ‘‘(i) procuring any tenant or lessee for any bright spots in our otherwise slow real property; I am concerned that this could force economy. Realtors are an integral part ‘‘(ii) negotiating leases of real property; independent real estate brokers out of of the housing industry share in the ‘‘(iii) maintaining security deposits on be- the market, and in turn lower the qual- credit for this positive economic news. half of any tenant or lessor of real property ity of service to consumers.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S153 Congress has armed regulators with have pollution mitigation technology excuse to devote less attention to clear the flexibility to adapt to changes in to minimize the impact of air pollution air and public health. the marketplace. Indeed, in the coming on the residents of the Imperial Valley. It is not unreasonable to ensure that years, I am confident the Federal Re- However, the other plant, to be built companies making money in California serve Board and the Treasury Depart- by InterGen, will not. InterGen offi- energy market meet strict environment will determine the effect that the cials have repeatedly stated that their mental standards. This legislation is Gramm-Leach-Bliley Act is having on Mexicali plant will meet ‘‘domestic meant to strike a balance between pro- the financial market place and on con- standards or World Bank standards.’’ moting new sources of energy south of sumers. As the effects are analyzed and The problem is these are not U.S. the border and protecting the environ- changes considered, I urge that safe- standards and are far below California ment throughout the border region. It guards be included that ensure the pro- standards. is not a final resolution of these cross- tection of consumers and existing busi- I am introducing this legislation border issues, but I believe it is a good nesses as well as compliance with the today to make sure any plant that first step. intent of Congress. Until then, allow- comes online along the California- ing banks in real estate could create Mexican border meets the same air By Mr. EDWARDS (for himself inherent conflicts of interest for the quality standards as plants in Cali- and Mr. HOLLINGS): lenders and brokers, and could place in- fornia. S. 118. A bill to develop and coordi- evitable pressure on consumers and The residents of Imperial County and nate a national emergency warning limit their choices in products and the entire Southern California region system; to the Committee on Com- services. deserve nothing less. merce, Science, and Transportation. Last year, there was tremendous sup- I have heard from many constituents Mr. EDWARDS. Mr. President, I rise port for this legislation in the House in Southern California concerned about to introduce, together with Senator and Senate, and I look forward to the InterGen plant and local officials HOLLINGS, the Emergency Warning Act working with my colleagues again this in Imperial County are adamantly op- of 2003. year to ensure the Treasury Secretary posed to the InterGen plant because In the event of a terrorist attack or hears loud and clear the intent of Con- the company has refused to install pol- natural disaster, Americans must know gress to protect consumers, and to pro- lution control devices on all four oper- how to respond. In the first terrible tect an industry from being put at a ating units. hours on September 11, 2001, in Wash- competitive disadvantage through ex- This legislation has the support of ington, in New York, and across the ecutive action. the Imperial County Board of Super- country, most of us didn’t know what f visors, the Imperial District, the to do. We didn’t know whether it was STATEMENTS ON INTRODUCED Coachella Valley Association of Gov- safer to pick our children up from BILLS AND JOINT RESOLUTIONS ernments, and San Diego Mayor Dick school or safer to leave them there. We Murphy. didn’t know if we should stay at work By Mrs. FEINSTEIN (for herself This legislation will ensure energy or head for home. and Mrs. BOXER): plants along the border employ the For everything that’s happened since S. 107. A bill to prohibit the expor- best technology available to control September 11, the reality is that if an tation of natural gas from the United pollution and protect the public health attack happened again, many of us still States to Mexico for use in electric en- for residents of Southern California would not know what to do. That must ergy generation units near the United and other border regions in a similar change. States border that do not comply with situation. To prepare Americans to respond in air quality control requirements that The bill will prohibit energy compa- time of attack, the first thing we need provide air quality protection that is nies from exporting natural gas from to do is to update our emergency warn- at least equivalent to the protection the United States for use in Mexico un- ing system. Today, that system de- provided by requirements applicable in less the natural gas fired generators pends heavily on television and radio, the United States; to the Committee south of the border meet the air stand- and it has two big problems. First, the on Banking, Housing, and Urban Af- ards prevalent in the United States. system doesn’t reach millions of Amer- fairs. icans who aren’t near a TV and radio at Mrs. FEINSTEIN. Mr. President, I This will effectively cut power plants a given moment. How many of us rise today to re-introduce legislation off from the natural gas supply if they would hear a warning issued on TV at at the start of this new Congress to do not meet higher emissions stand- 3 a.m? Second, the system doesn’t pro- protect those living along the Cali- ards. vide all the information we need. For fornia-Mexican border from harmful This legislation will not constrain many of us, the new color-coded ter- power plant emissions. power plants that were put online prior rorism warnings have proven more con- This bill, which Congressman DUNCAN to January 1, 2003. It will apply to HUNTER is also re-introducing today in plants built after the new year and fusing than helpful. We need practical the House of Representatives, will pre- projects that come online in the future. information about what we can do to vent power plants built in Mexico from This bill will only apply to power respond to threats or attacks. using natural gas from the United plants within 50 miles of the U.S.-Mexi- While the terrorist attacks have States, unless firms operating these can border. highlighted the need for effective pub- plants agree to comply with Califor- And the legislation will only apply to lic warnings, they’re also essential dur- nia’s air pollution standards. power plants that generate more than ing natural disasters. In fact, most Currently there are two new power 50 megawatts of power. We do not want public warnings deal with weather haz- plants planned for Mexicali, Mexico, a to block any moves to replace dirty ards like hurricanes and floods. After city right across the border from Impe- diesel back-up generators with cleaner Hurricane Floyd hit North Carolina, rial County, California. The Imperial natural-gas fired small power sources. the Air Force had to rescue more than Valley produces much of our Nation’s The bill calls for collaboration be- 200 people stranded in cars, on roofs, wintertime vegetables. The Valley is tween the Secretary of Commerce and and in trees, people who weren’t told to the region in Southern California that the Administrator of the Environ- evacuate their homes until it was too will be impacted most by pollution mental Protection Agency to deter- late. More than 50 people died during from these power plants in Mexico. And mine if a power plant is in compliance that hurricane. In our State’s neigh- since Imperial County has some of the with relevant emission standards. bor, Tennessee, six people died during a worst air quality in the United States I support the development of new en- 1999 tornado because tornado sirens and one of the highest childhood asth- ergy projects for California because I failed. With all the technology that we ma rates in the State, I believe these believe we need to bring more power have at our disposal, we can do better. new plants must meet California emis- online. However, I do not believe the In short, we have to make sure effec- sion standards. fact that we need more power in Cali- tive warnings get to every American in One of the Mexicali plants, which is fornia should allow companies to take time of danger, and we have to make being built by Sempra Energy, will advantage of this need and use it as an sure those warnings tell folks just

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S154 CONGRESSIONAL RECORD — SENATE January 9, 2003 what they can do to protect themselves burden has been one of my highest pri- Mrs. HUTCHISON. Mr. President, I and their loved ones. orities as a U.S. Senator. ask unanimous consent that the text of The Emergency Warning Act will Today, millions of couples across the bill be printed in the RECORD. help achieve that goal. This legislation America are penalized by our tax code There being no objection, the bill was will require the Department of Home- simply because they are married. The ordered to be printed in the RECORD, as land Security and the Department of Treasury Department estimates that 48 follows: Commerce to make sure that com- percent of married couples pay this ad- S. 120 prehensive, easily understood emer- ditional tax, and, according to a study Be it enacted by the Senate and House of Rep- gency warnings get to every American by the Congressional Budget Office, the resentatives of the United States of America in at risk, Whether from flood, hurricane average penalty paid is $1,400 per cou- Congress assembled, or terrorist attack. This bill instructs ple. SECTION 1. SHORT TITLE. Commerce and DHS to work with the This Act may be cited as the ‘‘Marriage Fortunately, the 107th Congress took Penalty Relief Act of 2003’’. government agencies that currently a step in the right direction. The Eco- SEC. 2. ACCELERATION OF MARRIAGE PENALTY issue warnings, with first responders, nomic Growth and Tax Relief Rec- RELIEF PROVISIONS. with private industry, and with the onciliation Act of 2001 will provide (a) ELIMINATION OF MARRIAGE PENALTY IN media to make sure that our emer- marriage penalty relief to millions of STANDARD DEDUCTION.— gency warning system actually warns couples by increasing the size of the (1) IN GENERAL.—Paragraph (2) of section Americans who are at risk. standard deduction and the width of 63(c) of the Internal Revenue Code of 1986 (re- There are a lot of things the system the 15 percent tax bracket, so those ap- lating to standard deduction) is amended— (A) by striking ‘‘$5,000’’ in subparagraph could do using existing technology. For plied to a married couple will be twice example, it could alert Americans in (A) and inserting ‘‘200 percent of the dollar the size of those for an individual. In amount in effect under subparagraph (C) for their homes through a special phone addition, the phase-out levels for the the taxable year’’; ring. These warnings could reach peo- earned income tax credit will be ad- (B) by adding ‘‘or’’ at the end of subpara- ple as they sleep in their homes. For justed so as to reduce the penalty on graph (B); people on the move, the system could married couples. (C) by striking ‘‘in the case of’’ and all use cell phones, which can already be But once again, we face the infamous that follows in subparagraph (C) and insert- programmed to broadcast emergency ‘‘sunset provision’’ that will wipe away ing ‘‘in any other case.’’; and (D) by striking subparagraph (D). warnings to all users in a certain these reforms in 2011. Another problem area—even if those folks are just pass- (2) TECHNICAL AMENDMENTS.— is that relief does not begin to be (A) Subparagraph (B) of section 1(f )(6) of ing through. Pagers and beepers can phased in until 2005, with the full im- such Code is amended by striking ‘‘(other achieve the same result. Televisions pact not taking effect until 2009. Presi- than with’’ and all that follows through can be programmed to come on auto- dent Bush has called for making mar- ‘‘shall be applied’’ and inserting ‘‘(other than matically and provide alerts in the riage penalty relief effective imme- with respect to sections 63(c)(4) and event of a disaster. diately as part of his economic stim- 151(d)(4)(A)) shall be applied’’. We also can make sure that warnings ulus package. (B) Paragraph (4) of section 63(c) of such Code is amended by adding at the end the provide the specific information people I agree that this is an important need—what to watch for, where to go, following flush sentence: step. Given the state of the economy ‘‘The preceding sentence shall not apply to how to travel, what to bring. We should and the difficulty many families are not have empty warnings. Instead, we the amount referred to in paragraph (2)(A).’’. having in making ends meet, we cannot (3) EFFECTIVE DATE.—The amendments should respond to specific threats with wait any longer to give young couples made by this subsection shall apply to tax- specific information that people can the break they deserve. able years beginning after December 31, 2002. use. The bi-partisan bill I am offering (b) ELIMINATION OF MARRIAGE PENALTY IN This legislation was developed with a 15-PERCENT BRACKET.— with Senator BAYH and others would lot of help from the Partnership for (1) IN GENERAL.—Section 1(f ) of the Inter- make the 2001 reforms effective imme- Public Warning. Their comprehensive nal Revenue Code of 1986 (relating to adjust- diately and permanently. People will study of the problem, ‘‘Developing a ments in tax tables so that inflation will not no longer have to decide between love Unified All-Hazard Public Warning result in tax increases) is amended by adding and money. at the end the following new paragraph: System,’’ pointed the way to what we The benefits for couples are signifi- ‘‘(8) ELIMINATION OF MARRIAGE PENALTY IN are doing. I’m grateful for their help, cant. A couple earning $30,000 could 15-PERCENT BRACKET.— as well as the indispensable help of keep $800 they now pay in taxes, while ‘‘(A) IN GENERAL.—With respect to taxable Senator HOLLINGS. years beginning after December 31, 2002, in a couple earning $80,000 could save Creating a better emergency warning prescribing the tables under paragraph (1)— system is only the first step we must more than $1,300. 35 million couples ‘‘(i) the maximum taxable income in the take in order to empower Americans to will benefit from enacting marriage 15-percent rate bracket in the table con- respond to terrorist attack. As I’ve penalty relief in 2003, including 2.4 mil- tained in subsection (a) (and the minimum taxable income in the next higher taxable in- said in the past, I believe Americans lion Texas families. The tax code provides a significant come bracket in such table) shall be 200 per- want to contribute to our nation’s decent of the maximum taxable income in the fense, they are just looking for ways to disincentive for people to take marriage vows. Marriage is a fundamental 15-percent rate bracket in the table condo it. In the coming weeks, I will intro- tained in subsection (c) (after any other ad- duce additional legislation to support institution in our society and should justment under this subsection), and civilian defense efforts across America. not be discouraged by the IRS. The ‘‘(ii) the comparable taxable income But this bill makes an important con- benefits of marriage are well estab- amounts in the table contained in subsection 1 tribution to our efforts. lished. Children living in a married (d) shall be ⁄2 of the amounts determined household are far less likely to live in under clause (i). By Mrs. HUTCHISON (for herself, poverty or to suffer from child abuse. ‘‘(B) ROUNDING.—If any amount determined under subparagraph (A)(i) is not a multiple Mr. BAYH, Mr. BROWNBACK, Mr. Research indicates they are less likely to be depressed or have developmental of $50, such amount shall be rounded to the HAGEL, Mr. BURNS, Mr. FITZ- next lowest multiple of $50.’’. GERALD, Mr. CORNYN, and Mr. problems. Scourges such as adolescent (2) TECHNICAL AMENDMENTS.— COCHRAN): drug use are less common in married (A) Subparagraph (A) of section 1(f )(2) of S. 120. A bill to eliminate the mar- families, and married mothers are less such Code is amended by inserting ‘‘except riage tax penalty permanently in 2003; likely to be victims of domestic vio- as provided in paragraph (8),’’ before ‘‘by in- to the Committee on Finance. lence. creasing’’. Mrs. HUTCHISON. Mr. President, I At the very least, marriage should (B) The heading for subsection (f ) of sec- am pleased to introduce a bill to pro- not be a taxable event. tion 1 is amended by inserting ‘‘ELIMINATION OF MARRIAGE PENALTY IN 15-PERCENT BRACK- vide permanent tax relief from one of I call on the Senate to finish the job ET;’’ before ‘‘ADJUSTMENTS’’. the most egregious, anti-family aspects we started and say ‘‘I do’’ to providing (3) EFFECTIVE DATE.—The amendments of the tax code, the marriage penalty. permanent marriage penalty relief made by this subsection shall apply to tax- Relieving American taxpayers of this today. able years beginning after December 31, 2002.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S155 (c) MARRIAGE PENALTY RELIEF FOR EARNED involved in AMBER alerts are doing sential roles in the AMBER Alert sys- INCOME CREDIT.— and seeks to build on their efforts. tem. I urge the Senate to act expedi- (1) INCREASED PHASEOUT AMOUNT.— In 1996, 9-year-old Amber Hagerman tiously on this legislation to protect (A) IN GENERAL.—Section 32(b)(2)(B) of the of Arlington, Texas was abducted and America’s children. Internal Revenue Code of 1986 (relating to brutally murdered. Her death had such amounts) is amended by striking ‘‘‘increased Mrs. FEINSTEIN. Mr. President, by—’’ and all that follows and inserting ‘‘in- an impact on the community that local today I am pleased to join Senator creased by $3,000.’’. law enforcement and area broadcasters HUTCHISON in re-introducing the Na- (B) INFLATION ADJUSTMENT.—Paragraph developed what is now known as tional AMBER Alert Network Act. (1)(B)(ii) of section 32( j) of such Code (relat- AMBER Alert, America’s Missing: This legislation builds on the proven ing to inflation adjustments) is amended to Broadcast Emergency Response. An successes of the AMBER Alert pro- read as follows: AMBER Alert is activated by law en- gram. ‘‘(ii) in the case of the $3,000 amount in forcement to find a child, when a child AMBER Alerts are official bulletins subsection (b)(2)(B), by substituting ‘cal- has been abducted. An Alert triggers endar year 2003’ for ‘calendar year 1992’ in transmitted over the airwaves to enlist subparagraph (B) of such section 1.’’. highway notification and broadcast the public’s help in tracking down (C) EFFECTIVE DATE.—The amendments messages throughout the area where child abductors fleeing a crime scene. made by this paragraph shall apply to tax- the abduction occurred. AMBER Alerts are such powerful able years beginning after December 31, 2002. As we have seen, AMBER plans in tools because they can be issued within (2) EXPANSION OF MATHEMATICAL ERROR AU- different communities have worked to minutes of an abduction and reach a THORITY.— bring children home safely. To date, wide public audience. (A) IN GENERAL.—Paragraph (2) of section AMBER Alert has helped recover 42 Statistics show that children in the 6213(g) of such Code is amended by striking children nationwide. Many commu- most dangerous abduction cases have ‘‘and’’ at the end of subparagraph (K), by striking the period at the end of subpara- nities and States have outstanding precious little time until their safety is graph (L) and inserting ‘‘, and’’, and by in- AMBER plans. However, the vast ma- compromised. serting after subparagraph (L) the following jority of States do not yet have com- According to a study by the U.S. De- new subparagraph: prehensive, statewide coverage and partment of Justice, 74 percent of chil- ‘‘(M) the entry on the return claiming the lack the ability to effectively commu- dren who were abducted, and later credit under section 32 with respect to a nicate. This is a critical issue particu- found murdered, are killed in the first child if, according to the Federal Case Reg- larly when an abducted child is taken hours after being taken. istry of Child Support Orders established across State lines. Simply put, we need more AMBER under section 453(h) of the Social Security The bill I am introducing today es- Alerts because they may be the best Act, the taxpayer is a noncustodial parent of such child.’’. tablishes an AMBER Alert Coordinator tool law enforcement has to save kid- (B) EFFECTIVE DATE.—The amendment within the Department of Justice to napped children facing imminent dan- made by this paragraph shall take effect on assist states with their AMBER plans. ger. January 1, 2003. Last year, President Bush ordered the Last Fall, Senator HUTCHISON and I (d) CONFORMING AMENDMENTS.— Attorney General to establish an first introduced the ‘‘National AMBER (1) REPEAL OF AMENDMENTS.—Sections 301, AMBER Alert Coordinator, and this Alert Network Act.’’ The bill attracted 302, and 303(g) of the Economic Growth and bill will codify that position for future tremendous support in the Senate. Just Tax Relief Reconciliation Act of 2001 are re- Administrations. While we have wit- seven days after it was introduced, the pealed. nessed successful stories of AMBER bill passed the Senate. (2) REPEAL OF SUNSET.—Title IX of the Economic Growth and Tax Relief Reconcili- alerts helping to recover a child within While the legislation did not pass the ation Act of 2001 (relating to sunset of provi- a region, huge gaps exist among the House, President Bush issued an execu- sions of such Act) shall not apply to section AMBER plans around the country. The tive order putting some of the pieces of 303 (other than subsection (g) of such sec- AMBER Alert Coordinator will facili- the National AMBER Alert Network tion) of such Act (relating to marriage pen- tate appropriate regional coordination Act into effect. alty relief). of AMBER alerts, particularly with Specifically, on October 3, 2002, Presi- interstate travel situations, and will dent Bush announced that the Admin- By Mrs. HUTCHISON (for herself, assist states, broadcasters, and law en- istration would create a national Mrs. FEINSTEIN, Mr. HATCH, Mr. forcement in establishing additional AMBER Alert coordinator in the De- LEAHY, Mrs. CLINTON, Mr. EN- AMBER plans. partment of Justice, would draft na- SIGN, Mr. MILLER, Mr. VOINO- The AMBER Alert Coordinator will tional standards for AMBER Alerts; VICH, Mr. CRAPO, Mr. LUGAR, set minimum, voluntary standards to and allocate $10 million in funding for Mr. BINGAMAN, Ms. STABENOW, help states work together, and will the creation of new AMBER Alert pro- Mr. FITZGERALD, Mr. FEINGOLD, help to reconcile the different stand- grams. Mr. BIDEN, Mr. MCCONNELL, Mr. ards and criteria for issuing an AMBER While President Bush’s actions were NELSON of Florida, Mr. BEN- Alert. In doing so, the Coordinator will an important first step, we now need to NETT, Mr. DODD, Ms. LANDRIEU, work with the National Center for ensure the long-term viability of the Mr. SESSIONS, Ms. COLLINS, Mr. Missing and Exploited Children, local national AMBER Alert program by en- ALLARD, Mr. ROCKEFELLER, Mr. and State law enforcement and broad- acting authorizing legislation. WYDEN, Mr. HARKIN, and Mr. casters to define minimum standards. The bill we introduce today has three DURBIN): Overall, the AMBER Alert Coordina- key components. S. 121. A bill to enhance the oper- tor’s efforts will set safeguards to First, the legislation would authorize ation of the AMBER Alsert commu- make sure the AMBER alert system is $20 million to the Department of nications network in order to facilitate used to meet it intended purpose. Transportation and $5 million to the the recovery of abducted children, to In addition, the bill provides for Department of Justice in FY 2004 to provide for enhanced notification on matching grants to states with AMBER provide grants for the development of highways of alerts and information on programs. The grant program will help AMBER Alert systems, electronic mes- such children, and for other purposes; localities and States build or further sage boards, and training and edu- to the Committee on the Judiciary. enhance their efforts to disseminate cation programs in states that do not Mrs. HUTCHISON. Mr. President, I AMBER alerts. To this end, Federal have AMBER Alerts. am introducing today with my friend matching grants will fund road signs To date, AMBER Alert systems exist from California, Senator FEINSTEIN, and electronic message boards along in 33 States and a total of 83 local, re- and 26 other senators, the National highways, broadcasts of information on gional and State jurisdictions. This bill AMBER Network Act. This legislation abducted children, education and train- would help the expansion of AMBER will establish a National Amber Net- ing, and related equipment. Alerts to new jurisdictions. work and improve the current system Our bill has the strong support of the Second, the bill would build upon the of AMBER Alert plans that exist in National Center of Missing and Ex- President’s Executive Order by author- various states. Our legislation recog- ploited Children and the National Asso- izing a national coordinator for nizes the tremendous work that those ciation of Broadcasters, who play es- AMBER Alerts in the Department of

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S156 CONGRESSIONAL RECORD — SENATE January 9, 2003 Justice to expand the network of appeared from Echo Park in Los Ange- uary alone. I ask unanimous consent AMBER Alert systems and to coordi- les on August 11, 2002. that this letter be printed in the nate the issuance of region-wide But when Jessica’s abductor took her RECORD. AMBER Alerts. to a clinic for medical care, recep- The bill that I am introducing today Third, the bill provides a framework tionist Denise Leon recognized Jessica simply extends the NFIP through the for the Department of Justice to estab- from AMBER Alert and notified law end of this calender year, retroactive lish minimum standards for the re- enforcement. to January 1, 2003. As such, it’s purpose gional coordination of AMBER alerts. Without the publicity generated by is the same as S. 13, which the Senate The Department of Justice, working the Alert, Jessica could have been lost passed last November 20th. with the National Center for Missing to her parents forever. The House passed companion legisla- and Exploited Children and other pri- Through this legislation, we will ex- tion this week, and it is our hope to vate organizations with expertise in tend to every corner of the Nation a have a short term extension of the this area, would build upon the best network of AMBER Alerts that will NFIP enacted into law as soon as pos- standards currently in place. protect our children. sible. This will permit the two Houses Today, an AMBER Alert is typically This program will increase the odds of Congress to consider the larger issued only when: a law enforcement that an abducted child will return to issues confronting the NFIP in a delib- agency confirms that a predatory child his or her family safety. erate manner, without creating hard- abduction has occurred, the child is in But importantly, it will deter poten- ship for homeowners and undue tur- imminent danger, and there is informa- tial abductors from taking a child in moil in our nation’s real estate mar- tion available that, if disseminated to the first place. kets. the public, could assist in the safe re- As Mark Klaas said at a hearing on There being no objection, the letter covery of the child. the bill last Fall, this legislation will was ordered to be printed in the The effectiveness of AMBER Alerts ‘‘save kids lives.’’ RECORD, as follows: depends on the continued judicious use Once again, let me thank Senator FEDERAL EMERGENCY MANAGEMENT of the system so that the public does KAY BAILEY HUTCHISON for her tremen- AGENCY, not grow to ignore the warnings. dous leadership on this issue. Washington, DC, December 6, 2002. Furthermore, it is the specific intent It is my hope that this bill will con- U.S. Senate, of this bill not to interfere with the op- tinue to see the strong, bipartisan sup- Washington, DC. eration of the 83 AMBER plans that are port that led to its swift passage in the DEAR SENATOR: On December 31, 2002, certain basic authorities for the Federal Emer- working today. Senate last year. Thank you. Participation in regional AMBER gency Management Agency’s National Flood plans is voluntary, and any plan that Insurance Program (NFIP) will expire. The By Mr. SHELBY (for himself, Mr. continuing resolution (P.L. 107–294), which wishes to go it alone may still do so. SARBANES, Mr. BOND, Ms. MI- extends FY 02 baseline funding through Jan- I urge members to support this bill KULSKI, Mr. BUNNING, Mr. BEN- uary 11, 2003, does not extend NFIP author- because AMBER Alerts have a proven NETT, Mr. ALLARD, Mr. ENZI, ization. This lapse in authority in January track record. Mr. HAGEL, Mr. CHAFEE, Mr. alone could affect as many as 400,000 house- Nationally, since 1996, the AMBER JOHNSON, Mr. REED, Mr. SCHU- holds seeking to obtain or renew a flood in- Alert has been credited with the safe MER, Mr. BAYH, Mr. MILLER, Ms. surance policy in nearly 20,000 communities return of 42 children to their families, in all 50 States and territories. STABENOW, and Mr. CORZINE): In particular, the lack of authorization for including one case in which an abduc- S. 122. A bill to extend the national tor reportedly released the child after NFIP to issue and renew policies will cause flood insurance program; to the Com- significant disruption to policyholders, the hearing the alert himself. mittee on Banking, Housing, and lending and real estate industries, secondary I would like to briefly describe two of Urban Affairs. mortgage market, many private insurance these cases: the rescues of 10 year-old Mr. SHELBY. Mr. President, I rise companies writing flood insurance under ar- Nichole Timmons from Riverside and today to introduce the ‘‘National Flood rangements with the NFIP, and particularly four-year old Jessica Cortez from Los Insurance Program Reauthorization those seeking home loans or mortgage refi- Angeles. Act of 2003.’’ This bill, which is cospon- nancing that requires flood insurance as a Last fall, Nichole Timmons and her precondition to settlement. sored by the Ranking Democrat on the mother Sharon attended a hearing of The lapse in authorization will also have a Banking Committee, Senator SAR- the Senate Judiciary Subcommittee on negative impact on public entities that pro- BANES, as well as Senators BOND and vide or require flood insurance, including Technology, Terrorism, and Govern- MIKULSKI, the Chairman and Ranking Fannie Mae and Freddie Mac, which together ment information on the AMBER Alert Member, respectively, of the Sub- control about 85% of the secondary mortgage program. committee on VA, HUD and Inde- market in the country. In addition, since In moving testimony, Sharon de- pendent Agencies Appropriations, will policy renewal billing is generally conducted scribed how Nichole was abducted from 45–90 days prior to expiration of a policy, un- provide a one-year extension of the their Riverside home on August 20, 2002 less our authority to renew policies is reau- lapsed federal flood insurance program. and how an AMBER Alert brought her thorized immediately, many more individ- The National Flood Insurance Pro- daughter back to her within hours of uals will be impacted than the above initial gram, ‘‘NFIP’’, expired on December 31, the abduction. estimate. In Nichole’s case, an Alert was issued 2002. The expiration of the program has The four authorities requiring reauthoriza- prevented homeowners and home buy- tion are sections 1309(a)(2), 1391, 1336 and not just in California, but in Nevada as 1376(c) of the National Flood Insurance Act well. ers from obtaining or renewing flood insurance policies in the intervening of 1968 (P.L. 90–448). Should they lapse, the After learning about the Alert, a resulting uninsured flood losses could impose tribal police officer in Nevada spotted time. Since anyone buying or refi- significant hardship on citizens, and increase the truck of Nichole’s abductor and nancing a home in a flood plan must costs to the Federal government and the stopped him within 24 hours of the ab- have flood insurance, NFIP’s expira- States. I would urge Congress to act as duction. tion will block the path to home own- quickly as possible to reauthorize this im- He was found with duct tape and a ership for many Americans, and have a portant program effective January 1, 2003. metal pipe. disruptive effect on residential real es- Should you have any questions on this issue, The AMBER Alert was the only rea- tate and mortgage markets. please do not hesitate to contact our Con- I have a December 6, 2002 letter from gressional and Intergovernmental Affairs Di- son that Nichole was able to return vision at (202) 646–4500. Thank you for your home to her mother, safe. Anthony S. Lowe, the Administrator of consideration. I can’t think of any testimony in the Federal Insurance and Mitigation Sincerely, support of a bill more powerful than Administration, which goes into great- ANTHONY S. LOWE, the sight of a mother sitting next to er detail regarding the consequences of Administrator, her daughter who she thought might be the expiration of the NFIP. As Director Federal Insurance and Mitigation gone forever. Low indicates in this letter the lapse of Administration. The second case I want to mention is this authority could effect as many as Mr. SARBANES. Mr. President, I am that of Jessica Cortez. Jessica dis- 400,000 households in the month of Jan- pleased to join with Senator SHELBY

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S157 and others of my colleagues in intro- Property owners and mortgage lend- time: 9/11 had not taken place; war had ducing the National Flood Insurance ers throughout the country rely on the not appeared on the horizon; revela- Program Reauthorization Act of 2003. NFIP to insure their properties against tions of corporate fraud had not sur- This legislation is similar to legisla- flood damage. Unless the NFIP is reau- faced; and a recession was not evident. tion I introduced last year S. 13, which thorized, that protection will dis- Those times are as different from would have reauthorized the National appear. I urge my colleagues to support today as day is from night. At the Flood Insurance Program (NFIP), for swift passage of this urgently needed time, Senator CHAFEE and I, along with one year, preventing a lapse in the Fed- legislation. twelve other Senators from both par- eral Emergency Management Agency’s ties, supported a ‘‘trigger’’ on the 2001 authority to administer this important By Mr. KYL: tax reduction. This would have frozen program. The Senate passed this bill on S. 123. A bill to exclude United States future tax reductions under the Bush November 20, 2002, but unfortunately, persons from the definition of ‘‘foreign Tax Cut if the budget returned to def- the House of Representatives did not power’’ under the Foreign Intelligence icit. Unfortunately, we were able to at- consider it before adjourning for the Surveillance Act of 1978 relating to tract only 49 votes on the amendment. year. FEMA’s authority to manage the international terrorism; to the Com- I wish we had that trigger today. NFIP expired on December 31, 2002. mittee on the Judiciary. Now, it is estimated that we face $1.4 FEMA has estimated that even a Mr. KYL. Mr. President, I ask unani- trillion in cumulative budget deficits brief lapse in its authority to run the mous consent that the text of this bill between now and 2012. And that is why NFIP could affect approximately be printed in the RECORD. we return to the idea of the trigger. I 500,000 households seeking to obtain or There being no objection, the bill was believe that we should not allow the maintain flood insurance, which in ordered to be printed in the RECORD, as rate reduction for the top rate to pro- many cases is a precondition for settle- follows: ceed, until we return to budget sur- ment of a mortgage or home loan. The S. 123 pluses. NFIP was created by Congress in 1968 Be it enacted by the Senate and House of Rep- And that brings us to the Bush Ad- in response to the lack of such insur- resentatives of the United States of America in ministration’s $674 billion tax cut and ance being offered by the private sec- Congress assembled, economic stimulus package. In my tor. This program made flood insurance SECTION 1. EXCLUSION OF UNITED STATES PER- view, this is the wrong plan at the available in communities that adopted SONS FROM DEFINITION OF FOR- wrong time. It digs the Nation deeper EIGN POWER IN FOREIGN INTEL- flood plain management regulations LIGENCE SURVEILLANCE ACT OF into debt. It is not a stimulus. It is designed to reduce future damages 1978 RELATING TO INTERNATIONAL skewed to the wealthy. And it severely from flooding, and it is now available TERRORISM. limits the government’s ability to pay in almost 20,000 participating commu- Paragraph (4) of section 101(a) of the For- for needed programs, like education, nities nationwide. As of September 30, eign Intelligence Surveillance Act of 1978 (50 transportation, and law enforcement. 2002, the NFIP had almost 4.4 million U.S.C. 1801(a)) is amended to read as follows: First, the President’s plan would be a ‘‘(4) a person, other than a United States policies in force, representing more person, or group that is engaged in inter- major contributor to massive budget than 90 percent of the flood insurance national terrorism or activities in prepara- deficits. The proposal would result in a in the United States. The availability tion therefor;’’. budget deficit of approximately $482 of flood insurance helps Americans pre- billion this year alone, if the social se- pare for floods, while reducing the need By Mrs. FEINSTEIN (for herself curity trust fund surpluses were not for federal disaster assistance after a and Mr. CHAFEE): used to fund the budget. Using the so- flood. S. 126. A bill to amend the Internal cial security trust fund, the deficit The unfortunate lapse in FEMA’s au- Revenue Code of 1986 to suspend future would still be $312 billion. This does thority has caused confusion and un- reductions of the highest income tax not include the costs of a possible war certainty in the real estate industry rate if there exists a Federal on-budget with Iraq, an extension of Federal un- for both lenders and borrowers. The deficit; to the Committee on Finance. employment benefits, and the FY 2003 Federal Insurance and Mitigation Ad- Mrs. FEINSTEIN. Mr. President, I and FY 2004 appropriations bills. ministration within FEMA has made rise to introduce a bill, with Senator Furthermore, as the Federal debt in- efforts to work with the banking regu- CHAFEE, to freeze the top income tax creases, the government will spend bil- lators, the lending community, and rate at its current level of 38.6 percent, lions more in tax dollars on servicing other stakeholders to address their until such time as the Federal budget the debt, instead of priorities like concerns about the lapse in FEMA’s returns to surpluses. We believe the homeland security, healthcare, edu- authority. While these efforts have ballooning deficit is bad for the econ- cation, transportation, or the environ- been helpful, the only effective solu- omy, bad for interest rates, and bad for ment. Interest on the debt over ten tion is a rapid reauthorization of this the health of the Nation. years is already projected to be $1.3 program by the Congress. Under current law, the top income trillion higher than expected, even be- The legislation we are introducing tax rate is scheduled to drop from 38.6 fore this new package, and this pack- today makes reauthorization of the percent to 37.6 percent in 2004 and then age would add more than $100 billion in NFIP retroactive to December 31, 2002, to 35 percent in 2006. This rate is ap- new interest payments over the next to minimize any disruption that would plied to the adjusted gross income of ten years. Unlike home mortgage pay- be caused by a lapse in FEMA’s author- those who earn over $312,000. This top ments, interest on the debt is rolled ity. We have worked closely with rate freeze would save $88 billion be- over and compounds, which makes a FEMA in developing this language, and tween now and 2010, and $132 billion rising debt extremely dangerous over it is supported by a coalition of indus- through 2012, every penny of which the long-term. try representatives, including Amer- would go toward reducing the Federal Second, the President’s tax cut is ica’s Community Bankers, the Amer- deficit. skewed to the wealthiest 1 percent of ican Bankers Association, the Amer- Everyone should understand that this Americans. Taxpayers with income ican Insurance Association, the Amer- top tax rate is paid by just 908,000 of over 1 million would receive an average ican Society of Appraisers, the Ap- the more than 128 million taxpayers of more than $88,000 in benefits, while praisal Institute, Fannie Mae. Farmers nationwide, just 0.7 percent of Amer- the typical middle-income taxpayer Insurance Group, Freddie Mac, Inde- ican taxpayers. This is not a time for would only benefit by $265. This is pendent Insurance Agent & Brokers of tax policies which benefit only a small clearly unfair. In fact one-third of all America, the Mortgage Bankers Asso- portion of the population. It is a time benefits would go to the wealthiest 1 ciation, the National Association of for fiscally responsible policies that percent, while less than 10 percent of Homebuilders, the National Associa- will ensure long-term growth and pro- the benefits would go to the 60 percent tion of Mortgage Brokers, the National vide an immediate stimulus to our of taxpayers making under $54,000. Association of Professional Insurance economy. Third, the proposal is not stimula- Agents, and the National Association In June 2001, I voted for the Presi- tive. The central feature of the Admin- of Realtors. dent’s tax plan. It was truly a different istration’s plan, an elimination of

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S158 CONGRESSIONAL RECORD — SENATE January 9, 2003 taxes on corporate dividends, would So, today we are urging the Senate Mr. President, I request that the at- not begin to be felt until April 2004. to consider freezing a single element of tached table be included for the And when those savings do kick in, the 2001 tax package. I urge my col- RECORD with my statement of support they would largely benefit the wealthi- leagues to approve a fiscally respon- for the Feinstein-Chafee Fiscal Respon- est people—with more than half the sible package of tax proposals that re- sibility Act of 2003. benefits, $225 billion, going to the top five percent of taxpayers. So to say duce the deficit and stimulate the There being no objection, the mate- this is a stimulus is simply inaccurate economy, instead of a massive tax cut rial was ordered to be printed in the and misleading. which will do neither. RECORDS, as follows: TABLE 2.—TOP FEDERAL TAX BRACKET TAXPAYERS, BY STATE 2001

All tax units Units not in State No. in top Percent in Total tax units top bracket bracket top bracket

Alabama ...... 10,805 0.5 2,057,000 2,046,195 Alaska ...... 1,731 0.6 282,000 280,269 Arizona ...... 13,843 0.7 2,112,000 2,098,157 Arkansas ...... 4,607 0.4 1,217,000 1,212,393 California ...... 133,060 0.9 14,398,000 14,264,940 Colorado ...... 16,717 0.8 2,024,000 2,007,283 Connecticut ...... 16,019 1.0 1,595,000 1,578,981 Delaware ...... 2,917 0.8 371,000 368,083 District of Columbia ...... 2,845 1.1 256,000 253,155 Florida ...... 58,928 0.8 7,645,000 7,586,072 Georgia ...... 23,853 0.6 3,756,000 3,732,147 Hawaii ...... 2,409 0.4 567,000 564,591 Idaho ...... 2,876 0.5 565,000 562,124 Illinois ...... 52,255 0.9 5,730,000 5,677,745 Indiana ...... 17,112 0.6 2,821,000 2,803,888 Iowa ...... 7,244 0.5 1,389,000 1,381,756 Kansas ...... 7,174 0.6 1,244,000 1,236,826 Kentucky ...... 8,237 0.4 1,884,000 1,875,763 Louisiana ...... 9,534 0.5 1,981,000 1,971,466 Maine ...... 2,858 0.5 611,000 608,142 Maryland ...... 16,578 0.7 2,494,000 2,477,422 Massachusetts ...... 20,520 0.7 3,092,000 3,071,480 Michigan ...... 29,601 0.6 4,600,000 4,570,399 Minnesota ...... 20,447 0.9 2,307,000 2,286,553 Mississippi ...... 5,989 0.5 1,296,000 1,290,011 Missouri ...... 15,772 0.6 2,631,000 2,615,228 Montana ...... 1,422 0.3 421,000 419,578 Nebraska ...... 4,373 0.5 803,000 798,627 Nevada ...... 8,494 0.9 934,000 925,506 New Hampshire ...... 4,121 0.7 589,000 584,879 New Jersey ...... 42,379 1.1 3,909,000 3,866,621 New Mexico ...... 2,367 0.3 768,000 765,633 New York ...... 68,372 0.8 8,700,000 8,631,628 North Carolina ...... 21,201 0.6 3,778,000 3,756,799 North Dakota ...... 1,241 0.4 293,000 291,759 Ohio ...... 26,723 0.5 5,630,000 5,603,277 Oklahoma ...... 7,007 0.5 1,483,000 1,475,993 Oregon ...... 9,264 0.6 1,623,000 1,613,736 Pennsylvania ...... 39,987 0.7 5,833,000 5,793,013 Rhode Island ...... 3,100 0.6 486,000 482,900 South Carolina ...... 8,710 0.5 1,858,000 1,849,290 South Dakota ...... 1,693 0.5 340,000 338,307 Tennessee ...... 15,216 0.6 2,686,000 2,670,784 Texas ...... 54,705 0.6 8,922,000 8,867,295 Utah ...... 5,646 0.6 896,000 890,354 Vermont ...... 1,412 0.5 287,000 285,588 Virginia ...... 21,366 0.6 3,318,000 3,296,634 Washington ...... 23,391 0.8 2,799,000 2,775,609 West Virginia ...... 2,213 0.3 842,000 839,787 Wisconsin ...... 15,597 0.6 2,517,000 2,501,403 Wyoming ...... 1,211 0.5 229,000 227,789 U.S. Totals ...... 907,990 0.7 128,869,000 127,961,010

NOTE: US totals include returns filed from other areas. SOURCE: ITEP Tax Model, Preliminary. Citizens for Tax Justice, May 7, 2001.

By Mrs. BOXER (for herself and who were owed child support, only 39 to delinquent child support payments. Ms. SNOWE): percent received those payments. It’s that simple. S. 127. A bill to allow a custodial par- Clearly, millions of individuals, The relief provided in this bill is ex- ent a bad debt deduction for unpaid largely women and children, are in cri- tremely important for single parents. child support payments, and to require sis when it comes to child support. It is Child support payments can literally a parent who is chronically delinquent time to treat delinquent child support mean the difference between paying in child support to include the amount the same way all other bad debt is rent or being homeless; the difference of the unpaid obligation in gross in- treated in the tax law. between putting food on the table or come; to the Committee on Finance. being forced to let children go hungry; The Child Support Enforcement Act Mrs. BOXER. Mr. President, today I the difference between making ends would allow custodial parents to de- am reintroducing the child Support En- meet or going on welfare. forcement Act. This bill will bring duct the amount of child support they I am pleased to be joined in the effort are owed from their adjusted gross in- much-needed relief to the millions of by Senator SNOWE. And Representative come on their income taxes. This is families who are not receiving the COX has introduced the House version child support they desperately need. true for all taxpayers, regardless of of the bill this week as well. As you The importance of this bill is clear. whether they itemize. can see, this is not a partisan issue. Each year, nearly 60 percent of the 20 This bill will also penalize the non- This is a family issue. It will help fami- million children who are owed child custodial parent who is not paying his lies and children nationwide. I urge my support receive less than the amount or her legally obligated child support. colleagues to cosponsor this bill. they are due. And more than 30 percent It will force the deadbeat parent to add By Mr. FEINGOLD: receive no payment at all. California is the owed amount to his adjusted gross S. 128. A bill to assist in the no exception; preliminary findings income. consernation of cranes by supporting from the 2000 Census Report found that This is not creating new tax law. It is and providing, through projects of per- of more than 2.3 million Californians extending current tax law on bad debts sons and organizations with expertise

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S159 in crane conservation, financial re- from funds carried over by the Depart- lation has been in decline. Further- sources for the conservation programs ment of Energy’s Clean Coal Tech- more, in many areas, a high human of countries in activities of which di- nology Program in the Fiscal Year 2002 population concentration compounds rectly or indirectly affect cranes; to Energy and Water Appropriations Bill. these factors. On the Mekong River, the Committee on Environment and The Secretary of the Interior would be which runs through Cambodia, Viet- Public Works. required to transfer any funds it does nam, Laos, Thailand, and China, Mr. FEINGOLD. Mr. President, I rise not expend under the Crane Conserva- human population growth and planned today to introduce the Crane Conserva- tion Act back to the Treasury at the development projects threaten the tion Act of 2003. I am very pleased that end of Fiscal Year 2007. I do not intend sarus crane. Reports from India, Cam- the Senator from Louisiana, Ms. LAN- my bill to make any particular judg- bodia, and Thailand have also cited DRIEU, has joined me as a cosponsor of ments about the Clean Coal program or incidences of the trading of adult birds this bill. I propose this legislation in its effectiveness, but I do think, in gen- and chicks, as well as hunting and egg the hope that Congress will do its part eral, that programs should expend re- stealing in the drop-in population of to protect the existence of these birds, sources that we appropriate in a timely the sarus crane. whose cultural significance and pop- fashion. Only three subspecies of the sarus ular appeal can be seen worldwide. This I am offering this legislation due to crane exist today. One resides in north- legislation is important to the people the serious and significant decline that ern India and Nepal, one resides in of Wisconsin, as our State provides can be expected in crane populations southeast Asia, and one resides in habitat and refuge to several crane spe- worldwide without conservation ef- northern Australia. Their population is cies. But this legislation, which au- forts. The decline of the North Amer- about 8,000 in the main Indian popu- thorizes the United States Fish and ican whooping crane, the rarest crane lation, with recent numbers showing a Wildlife Service to distribute funds and on earth, perfectly illustrates the dan- rapid decline. In Southeast Asia, only grants to crane conservation efforts gers faced by these birds. In 1941, only 1,000 birds remain. both domestically and in developing 21 whooping cranes existed in the en- The situation of the sarus crane in countries, promises to have a larger entire world. This stands in contrast to Asia is mirrored by the situation of the vironmental and cultural impact that the almost 400 birds in existence today. wattled crane in Africa. In Africa, the will go far beyond the boundaries of my The North American whooping crane’s wattled crane is found in the southern home State. This bill is similar to leg- resurgence is attributed to the birds’ and eastern regions, with an isolated islation that I introduced in the 107th tenacity for survival and to the efforts population in the mountains of Ethi- Congress, which was reported by the of conservationists in the United opia. Current population estimates Environment and Public Works Com- States and Canada. Today, the only range between 6,000 to 8,000 and are de- mittee but unfortunately did not re- wild flock of North American whooping clining rapidly, due to loss and deg- ceive floor action before the Congress cranes breeds in northwest Canada, and radation of wetland habitats, as well as adjourned. I have incorporated many of spends its winters in coastal Texas. intensified agriculture, dam construction, and industrialization. In other the changes made to my bill by the En- Two new flocks of cranes are currently parts of the range, the creation of dams vironment Committee last year, and I being reintroduced to the wild, one of has changed the dynamics of the flood hope that, by doing so, this bill can be which is a migratory flock on the Wis- plains, thus further endangering these swiftly reported and passed. consin to Florida flyway. In October of 1994, Congress passed This flock of birds illustrates that cranes and their habitats. Human dis- and the President signed the Rhinoc- any effort by Congress to regulate turbance at or near breeding sites also eros and Tiger Conservation Act. The crane conservation needs to cross both continues to be a major threat. Lack of passage of this act provided support for national and international lines. As oversight and education over the actions of people, industry, and agri- multinational rhino and tiger con- this flock of birds makes its journey culture is leading to reduced preserva- servation through the creation of the from Wisconsin to Florida, the birds tion for the lands on which cranes live, Rhinoceros and Tiger Conservation rely on the ecosystems of a multitude thereby threatening the ability of Fund, or RTCF. Administered by the of states in this country. In its journey United States Fish and Wildlife Serv- cranes to survive in these regions. from the Necedah National Wildlife If we do not act now, not only will ice, the RTCF distributes up to $10 mil- Refuge in Wisconsin to the cranes face extinction, but the eco- lion in grants every year to conserva- Chassahowitzka National Wildlife Ref- systems that depend on their contribution groups to support projects in de- uge in Florida in the fall and eventual tions will suffer. With the decline of veloping countries. Since its establish- return to my home state in the spring, the crane population, the wetlands and ment in 1994, the RTCF has been ex- this flock also faces threats from pollu- marshes they inhabit can potentially panded by Congress to cover other spe- tion of traditional watering grounds, be thrown off balance. I urge my col- cies, such as elephants and great apes. collision with utility lines, human dis- leagues to join me in supporting legis- Today, with the legislation I am in- turbance, disease, predation, loss of ge- lation that can provide funding to the troducing, I am asking Congress to add netic diversity within the population, local farming, education and enforce- cranes to this list. Cranes are the most and vulnerability to catastrophes, both ment projects that can have the great- endangered family of birds in the natural and man-made. Despite the est positive effect on the preservation world, with ten of the world’s fifteen conservation efforts taken since 1941, of both cranes and fragile habitats. species at risk of extinction. Specifi- this symbol of conservation is still This small investment can secure the cally, this legislation would authorize very much in danger of extinction. future of these exemplary birds and the up to $3 million of funds per year to be While over the course of the last half- beautiful areas in which they live. distributed in the form of conservation century, North American whooping Therefore, I ask my colleagues to sup- project grants to protect cranes and cranes have begun to make a slow report the Crane Conservation Act of their habitat. The financial resources covery, many species of crane in Africa 2003. authorized by this bill can be made and Asia have declined, including the available to qualifying conservation sarus crane of Asia and the wattled By Mrs. BOXER (for herself, Mr. groups operating in Asia, Africa, and crane of Africa. BIDEN, Mr. HOLLINGS, Mr. North America. The program is author- The sarus crane stands four feet tall KERRY, and Ms. CANTWELL): ized from Fiscal Year 2004 through Fis- and can be found in the wetlands of S. 130. A bill to amend the labeling cal Year 2008. northern India and south Asia. These requirements of the Dolphin Protection In keeping with my belief that we birds require large, open, well watered Consumer Information Act, and for should balance the budget, this bill plains or marshes to breed and survive. other purposes; to the Committee on proposes that the $15 million in author- Due to agricultural expansion, indus- Commerce, Science, and Transpor- ized spending over five years for the trial development, river basin develop- tation. Crane Conservation Act established in ment, pollution, warfare, and heavy Mrs. BOXER. Mr. President, today I this legislation should be offset by re- use of pesticides prevalent in India and am introducing the ‘‘Truth in Tuna La- scinding $18 million in unspent funds southeast Asia, the sarus crane popu- beling Act.’’ This important legislation

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S160 CONGRESSIONAL RECORD — SENATE January 9, 2003 will ensure that the fishing of tuna lation that was enacted in response to This legislation will fill the void that beled ‘‘dolphin safe’’ does not kill, public outcry and consumer demand. has been left by the NRC’s unwilling- harm or attack dolphins, and that con- As one who fought in the past to pro- ness to challenge the industry when sumers are given accurate information tect dolphins and inform consumers, I terrorists could. on how the tuna they purchase is believe that the effectiveness of the In particular, it will: establish a task caught. My bill will guarantee that label will be severely undermined by force—chaired by the Nuclear Regu- tuna products labeled ‘‘dolphin safe’’ the change and will allow the contin- latory Commission, NRC to take a will be truly safe for dolphins. ued deterioration of dolphin popu- comprehensive look at the security of In 1990, the Dolphin Protection Con- lations. This administration has once our nuclear facilities. sumer Information Act, introduced by again continued its attack on the envi- Assign a new Federal security coordi- myself in the House and Senator BIDEN ronment by weakening protections for nator to each nuclear power plant. in the Senate, created a ‘‘dolphin safe’’ marine mammals, ignoring science, Each plant should have a dedicated label for consumers. This legislation and providing yet another favor to in- NRC employee responsible for ensuring was passed with overwhelming bipar- dustry. the appropriate coordination and com- tisan support, and it allowed American Therefore, I am introducing the munication between federal, state, and consumers to buy tuna bearing the ‘‘Truth in Tuna Labeling Act’’ to rein- local emergency response and law en- ‘‘dolphin safe’’ label with confidence, state the original ‘‘dolphin safe’’ label. forcement agencies. knowing that their purchase did not Establish a new antiterrorism team, trade dolphin mortalities for tuna fish- By Mr. REID (for himself, Mrs. which will provide additional support ing profit. CLINTON, Mr. JEFFORDS, Mr. to the existing private security forces. Dolphin and yellowfin tuna tend to LIEBERMAN, Mr. HARKIN, and This team will be a model for how to run together in some waters. Dolphin Mr. EDWARDS): protect other potentially vulnerable swim closer to the surface to breathe. S. 131. A bill to amend the Atomic elements of our energy infrastructure. Under the destructive ‘‘chase and en- Energy Act of 1954 and the Energy Re- Require the NRC to update the circlement’’ practice, helicopters spot organization Act of 1974 to strengthen threats nuclear power plants must pro- the schools of dolphin. Speedboats de- security at sensitive nuclear facilities; tect against; Require the NRC to make liberately encircle the dolphins and to the Committee on Environment and a comprehensive review of emergency cast a mile-wide net, knowing that the Public Works. and security plans; Require the NRC to tuna will be below. While the tunas are Mr. REID. Mr. President. Today I am establish a new threat level system for to be harvested, the hope is that the joined by Senators CLINTON, JEFFORDS, nuclear power plants; Require the NRC dolphins will escape the edges of the LIEBERMAN, HARKIN and EDWARDS in in- to revise and update their hiring and net and suffocation or capture. This troducing the Nuclear Security Act of training standards. Establish a new, rigorous program to practice is termed ‘‘purse seine net- 2003. test nuclear facilities against realistic ting.’’ The tragedy of September 11 taught According to the annual reports of us many things. It taught us the vul- threats. This is the kind of training se- the Marine Mammal Commission and nerability of our Nation’s buildings and curity guards are asking for. In developing this bill, we listened to the Inter-American Tropical Tuna the strength of our nation’s resolve. We the concerns of guards and to the con- Commission, dolphin mortality in the also learned how important our first cerns of Americans who live and work eastern tropical Pacific alone has de- responders the brave men and women near these facilities. creased from more than 100,000 dolphin who arrive at the scene when there is an emergency. Finally, we are re- In opposing this bill, the Administra- kills each year to fewer than 2,000 kills tion continues to listen instead to the each year since the passage of the ‘‘dol- minded that we must be prepared for today’s threats because they could be- nuclear power industry. phin safe’’ label in 1990. It is time the Administration lived come tomorrow’s attacks. Unfortunately, on New Year’s Eve, up to its commitments to make our na- Last year, I introduced legislation to the Commerce Department announced tion’s nuclear power plants more se- improve the safety of our Nation’s nu- its plans to make the labeling standard cure. largely meaningless by changing the clear power plants. Nearly one year has It is time the Administration listens definition of ‘‘dolphin safe’’ tuna to passed since the President warned us in to the people who really matter, not allow the label to be put on tuna har- his last State of the Union address how the companies for whom only profit vested through deadly purse seine net- vulnerable these facilities are, but the matters. ting. Nuclear Regulatory Commission has This flies in the face of all available still not taken any clear steps to im- By Mr. FEINGOLD (for himself, scientific information. prove the safety and security of our na- Mr. LEVIN, Mr. CORZINE, and According to the Marine Mammal tion’s nuclear power plants. That is not Mr. DURBIN): Commission, ‘‘. . . the results of the acceptable. S. 132. A bill to place a moratorium [National Marine Fisheries] Service’s Recent reports by the Nuclear Regu- on executions by the Federal Govern- research program . . . provide evidence latory Commission’s Inspector General ment and urge the States to do the that the practice of chasing and encir- paint a bleak picture of the NRC’s com- same, while a National Commission on cling dolphins is having adverse effects mitment to safety and security. the Death Penalty reviews the fairness on the recover of depleted dolphin Just a few days ago, the Inspector of the imposition of the death penalty; stocks and that the magnitude of those General released a survey of NRC em- to the Committee on the Judiciary. effects, at both the individual and pop- ployees. Mr. FEINGOLD. Mr. President, this ulation levels, may be significant.’’ According to the Associated Press week, the University of Maryland re- The report prepared by the Com- that survey found that a third of the leased the findings of its landmark 2- merce Department reached a similar Agency’s employees question the agen- year study on Maryland’s death pen- conclusion. It said, ‘‘. . . despite con- cy’s commitment to public safety and alty system. The report reveals dis- siderable effort by fishery scientists, nearly half are not comfortable raising turbing racial and geographic dispari- there is little evidence of recovery, and concerns about safety issues within the ties in the administration of the death concerns remain that the practice of agency. penalty in Maryland. It confirms the chasing and circling dolphins somehow The survey also found that some NRC alarming conclusion that the adminis- is adversely affecting the ability of employees worry that safety training tration of our criminal justice system’s those depleted stocks to recover.’’ requirements for nuclear facilities are ultimate punishment is flawed and far The new rule completely undermines outdated and ‘‘leave the security of the from fair or just. the integrity of the ‘‘dolphin safe’’ nuclear sites . . . vulnerable to sabo- That is why I rise today to reintro- label, allowing ‘‘dolphin safe’’ labels to tage.’’ duce the National Death Penalty Mora- be placed on dolphin deadly tuna, and So today, we are reintroducing legis- torium Act. This bill seeks to apply the misleading the public. These changes lation to protect our nation’s commer- wisdom of out-going Maryland Gov- fly in the face of the bipartisan legisla- cial nuclear facilities. ernor Parris Glendening and out-going

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LEAHY, was favorably reported from the Death Penalty to review the fair- That is an unacceptable high error the Judiciary Committee in July. This ness of the administration of the death rate in the administration of a punish- legislation takes an important step by penalty at the State and Federal lev- ment for which errors caught too late recognizing the need for access to models. This Commission would be an inde- cannot be fixed. That’s a rate of error ern DNA testing and certain minimum pendent, blue ribbon panel of distin- with which none of us should be com- standards of competency for defense guished prosecutors, defense attorneys, fortable. counsel in capital cases. We should learn from the example set jurists and others. I am pleased that I commend Senator LEAHY and the my distinguished colleagues, Senators by Governor Glendening and by Gov- bipartisan effort of my colleagues who ernor Ryan. Their voices are two of the LEVIN, CORZINE, and DURBIN, have helped move this important bill and I many that have chimed in over recent joined me in cosponsoring this bill. hope we will finish the job and enact it years to express doubt about the fair- The University of Maryland study into law this year. But I also urge ness of our Nation’s system of capital was conducted by Professor Raymond them and the rest of the Senate to rec- punishment. As evidence of the flaws in Paternoster of the University’s Insti- ognize that if we are prepared to admit our system mounts, it has created an tute of Criminal Justice and Crimi- awareness that has not escaped the at- that we need these reforms, a time-out nology, and is the most exhaustive tention of the American people. Layer is also needed to ensure that we do not study of Maryland’s application of the after layer of confidence in the death execute a single innocent person. The death penalty in history. Professor Pa- penalty system has been gradually stakes are too high and the con- ternoster and other researchers exam- peeling away, and the voices of those sequences are far too devastating to ined records of every homicide prosecu- questioning its fairness are growing allow executions to proceed. tion in which the death penalty could louder and louder. Now they can be Also in 2002, in a significant turning have been sought, dating back to 1978. heard from college campuses and court point for our Nation, the Supreme The study released this week found rooms and podiums across the nation, Court reversed itself and ruled uncon- that blacks accused of killing whites to the Senate Judiciary Committee stitutional the execution of the men- are simply more likely to receive a hearing room, to the Supreme Court. tally retarded in Atkins versus Vir- death sentence than blacks who kill We must not ignore them. ginia. The Court’s decision further con- blacks, or than white killers. Accord- In 2002, Governor Ryan’s Commission firms that our Nation’s standards of ing to the report, black offenders who on Capital Punishment issued its re- decency concerning the ultimate pun- kill whites are four times as likely to port, which concluded with 85 rec- ishment are indeed evolving and ma- be sentenced to death as blacks who ommendations for reforming the death turing. kill blacks, and twice as likely to get a penalty system. In June 2002, I held a While last year’s events are steps to- death sentence as whites who kill hearing in the Judiciary Subcommittee ward fairness and indications of whites. on the Constitution on the report of progress, they also serve as shocking The study also confirms geographic the Illinois Governor’s Commission on reminders that our system is seriously disparity in Maryland’s death penalty Capital Punishment. We were fortunate flawed. The statistics reflecting unfair- system. Those convicted of murder in to have Governor Ryan and other mem- ness and stories of innocent people Baltimore County, a jurisdiction with bers of the Commission testify about wrongly convicted are clear and dis- a high number of white murder vic- the many flaws in the Illinois death turbing to all Americans who believe in tims, are 26 times as likely to be sen- penalty system and their recommenda- the founding principles of our Nation, tenced to death as those convicted in tions for reform. liberty and justice for all. Baltimore City, and 14 times as likely The Illinois study and report are in- When examined collectively, these as those convicted in Montgomery valuable to the study of fairness in our facts paint a devastating picture that County. justice system. Governor Ryan’s Com- needs to be examined in much greater Two years ago, when Governor mission provides a model for the nation detail. Glendening learned of these suspected for how we can respond to the indis- That is why I urge my colleagues to disparities, he did not look the other putable proof of errors in our justice join me in cosponsoring the National way. Then last year, faced with the system. I am confident that as Gov- Death Penalty Moratorium Act. rapid approach of a scheduled execu- ernor Ryan leaves office next week, his The courts in this country have al- tion, he acknowledged that it was un- greatest legacy to our nation will be ready made, by our best, conservative acceptable to allow executions to take the courage he showed three years ago estimates, 102 very grave mistakes. place while the study he had ordered when he suspended executions and ac- One hundred and two mistakes in the was not yet complete. So, in May 2002, knowledged that the death penalty sys- death penalty system qualifies as a cri- he placed a moratorium on executions. tem in Illinois was broken. sis. And a crisis calls for immediate ac- That was the right thing to do. If we are prepared to admit, as Illi- tion. The time for a moratorium is I urge Governor-elect Ehrlich to do nois and Maryland have, that there are now. the right thing by extending the mora- flaws in the death penalty system, then I ask unanimous consent that the torium. It would be contrary to our Na- it is unconscionable to allow execu- text of the bill be printed in the tion’s founding principles of fairness tions to continue without a thorough, RECORD. and justice to execute anyone in Mary- nationwide review. The problems in the There being no objection, the bill was land before the questions raised by the Illinois and Maryland systems are not ordered to be printed in the RECORD, as study are addressed. unique to their states. Since reinstate- follows: The year 2002 was a landmark year ment of the modern death penalty, 81 S. 132 for the examination of the death pen- percent of capital cases have involved Be it enacted by the Senate and House of Rep- alty. Last year the 102nd person was white victims, even though only 50 per- resentatives of the United States of America in exonerated from death row in the mod- cent of murder victims are white. Na- Congress assembled, ern death penalty era; 102 innocent tionwide, more than half of the death SECTION 1. SHORT TITLE. people have been exonerated, in some row inmates are African-Americans or This Act may be cited as the ‘‘National cases just days from execution, after Hispanic-Americans. There is evidence Death Penalty Moratorium Act of 2003’’. being found innocent of crimes for of racial disparities, inadequate coun- TITLE I—MORATORIUM ON THE DEATH which they served sometimes years on sel, prosecutorial misconduct, and false PENALTY death row. That is not a small number. scientific evidence in death penalty SEC. 101. FINDINGS. In the modern death penalty era, our systems across the country. Congress makes the following findings:

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(1) GENERAL FINDINGS.— making subsequent scrutiny of the legality and availability of DNA testing, many (A) The administration of the death pen- and reliability of such interrogations more States have procedural barriers blocking in- alty by the Federal government and the difficult. troduction of post-conviction DNA testing. States should be consistent with our Na- (iv) Federal prosecutors rely heavily on More than 30 States have laws that require a tion’s fundamental principles of fairness, predictions of ‘‘future dangerousness’’—pre- motion for a new trial based on newly dis- justice, equality, and due process. dictions deemed unreliable and misleading covered evidence to be filed within 6 months (B) Congress should consider that more by the American Psychiatric Association or less. than ever Americans are questioning the use and the American Psychological Associa- (iii) The widespread use of jailhouse of the death penalty and calling for assur- tion—to secure death sentences. snitches who earn reduced charges or sen- ances that it be fairly applied. (3) ADMINISTRATION OF THE DEATH PENALTY tences by fabricating ‘‘admissions’’ by fellow (C) Documented unfairness in the Federal BY THE STATES.— inmates to unsolved crimes can lead to system requires Congress to act and suspend (A) The punishment of death carries an es- wrongful convictions. Federal executions. Additionally, substan- pecially heavy burden to be free from arbi- (iv) The misuse of forensic evidence can tial evidence of unfairness throughout death trariness and discrimination. The Supreme lead to wrongful convictions. A report from penalty States justifies further investigation Court has held that ‘‘super due process’’, a the Texas Defender Service entitled ‘‘A by Congress. higher standard than that applied in regular State of Denial: Texas and the Death Pen- (2) ADMINISTRATION OF THE DEATH PENALTY criminal trials, is necessary to meet con- alty’’ found 160 cases of official forensic mis- BY THE FEDERAL GOVERNMENT.— stitutional requirements. There is signifi- conduct including 121 cases where expert (A) The fairness of the administration of cant evidence that States are not providing psychiatrists testified ‘‘with absolute cer- the Federal death penalty has recently come this heightened level of due process. For ex- tainty that the defendant would be a danger under serious scrutiny, specifically raising ample: in the future’’, often without even inter- questions of racial and geographic dispari- (i) In the most comprehensive review of viewing the defendant. ties: modern death sentencing, Professor James (E) The sixth amendment to the Constitu- (i) Almost 75 percent of Federal death row Liebman and researchers at Columbia Uni- tion guarantees all accused persons access to inmates are members of minority groups. versity found that, during the period 1973 to competent counsel. The Supreme Court set (ii) A report released by the Department of 1995, 68 percent of all death penalty cases re- out standards for determining competency in Justice on September 12, 2000, found that 80 viewed were overturned due to serious con- the case of Strickland v. Washington, 466 percent of defendants who were charged with stitutional errors. In the wake of the U.S. 668 (1984). Unfortunately, there is un- death-eligible offenses under Federal law and Liebman study, 6 States (Arizona, Maryland, equal access to competent counsel through- whose cases were submitted by the United North Carolina, Illinois, Indiana, and Ne- out death penalty States. For example: States attorneys under the Department’s braska) have conducted additional studies. (i) Ninety percent of capital defendants death penalty decision-making procedures These studies expose additional problems. cannot afford to hire their own attorney. were African American, Hispanic American, (ii) Forty percent of the cases overturned (ii) Fewer than one-quarter of the 38 death or members of other minority groups. were reversed in Federal court after having penalty States have set any standards for (iii) The Department of Justice report been upheld by the States. competency of counsel and in those few shows that United States attorneys in only 5 (B) The high rate of error throughout all States, these standards were set only re- of 94 Federal districts—1 each in Virginia, death penalty jurisdictions suggests that cently. In most States, any person who Maryland, Puerto Rico, and 2 in New York— there is a grave risk that innocent persons passes a bar examination, even if that attor- submit 40 percent of all cases in which the may have been, or will likely be, wrongfully ney has never represented a client in any death penalty is considered. executed. Although the Supreme Court has type of case, may represent a client in a (iv) The Department of Justice report never conclusively addressed the issue of death penalty case. shows that United States attorneys who whether executing an innocent person would (iii) Thirty-seven percent of capital cases have frequently recommended seeking the in and of itself violate the Constitution, in were reversed because of ineffective assist- death penalty are often from States with a Herrara v. Collins, 506 U.S. 390 (1993), a ma- ance of counsel, according to the Columbia high number of executions under State law, jority of the court expressed the view that a study. including Texas, Virginia, and Missouri. persuasive demonstration of actual inno- (iv) The Texas report noted problems with (v) The Department of Justice report cence would violate substantive due process Texas defense attorneys who slept through shows that white defendants are more likely rendering imposition of a death sentence un- capital trials, ignored obvious exculpatory than black defendants to negotiate plea bar- constitutional. In any event, the wrongful evidence, suffered discipline for ethical gains saving them from the death penalty in conviction and sentencing of a person to lapses or for being under the influence of Federal cases. death is a serious concern for many Ameri- drugs or alcohol while representing an indi- (vi) A study conducted by the House Judi- cans. For example: gent capital defendant at trial. ciary Subcommittee on Civil and Constitu- (i) After 13 innocent people were released (v) Poor lawyering was also cited by Gov- tional Rights in 1994 concluded that 89 per- from Illinois death row in the same period ernor Ryan in Illinois as a basis for a mora- cent of defendants selected for capital pros- that the State had executed 12 people, on torium. More than half of all capital defend- ecution under the Anti-Drug Abuse Act of January 31, 2000, Governor George Ryan of Il- ants there were represented by lawyers who 1988 were either African American or His- linois imposed a moratorium on executions were later disciplined or disbarred for uneth- panic American. until he could be ‘‘sure with moral certainty ical conduct. (vii) The National Institute of Justice has that no innocent man or woman is facing a (F) The Supreme Court has held that it is already set into motion a comprehensive lethal injection, no one will meet that fate’’. a violation of the eighth amendment to im- study of these racial and geographic dispari- (ii) Since 1973, over 100 innocent persons pose the death penalty in a manner that is ties. sitting on death rows across the country arbitrary, capricious, or discriminatory. (viii) Federal executions should not pro- have been exonerated, most after serving McKlesky v. Kemp, 481 U.S. 279 (1987). Stud- ceed until these disparities are fully studied, lengthy sentences. ies consistently indicate racial disparity in discussed, and the federal death penalty (C) Wrongful convictions create a serious the application of the death penalty both for process is subjected to necessary remedial public safety problem because the true killer the defendants and the victims. The death action. is still at large, while the innocent person penalty is disparately applied in various re- (B) In addition to racial and geographic languishes in prison. gions throughout the country, suggesting ar- disparities in the administration of the fed- (D) There are many systemic problems bitrary administration of the death penalty eral death penalty, other serious questions that result in innocent people being con- based on where the prosecution takes place. exist about the fairness and reliability of victed such as mistaken identification, reli- For example: federal death penalty prosecutions: ance on jailhouse informants, reliance on (i) Since 1976, 45 percent of death row in- (i) Federal prosecutors rely heavily on bar- faulty forensic testing and no access to reli- mates were white, 43 percent were black, 9 gained-for testimony from accomplices of able DNA testing. For example: percent were Hispanic, and 2 percent were of the capital defendant, which is often ob- (i) A study of cases of innocent people who other racial groups. Of the victims in the un- tained in exchange for not seeking the death were later exonerated, conducted by attor- derlying murder, 81 percent were white, 14 penalty against the accomplices. This prac- neys Barry Scheck and Peter Neufeld with percent were black, and 4 percent were His- tice creates a serious risk of false testimony. ‘‘The Innocence Project’’ at Cardozo Law panic. While over 80 percent of completed (ii) Federal prosecutors are not required to School, showed that mistaken identifica- capital cases involve white victims, nation- provide discovery sufficiently ahead of trial tions of eyewitnesses or victims contributed ally only 50 percent of murder victims are to permit the defense to be prepared to use to 84 percent of the wrongful convictions. white. These figures show a continuing trend this information effectively in defending (ii) Many persons on death row were con- since reinstatement of the modern death their clients. victed prior to 1994 and did not receive the penalty of a predominance of white victims’ (iii) The Federal Bureau of Investigation benefit of modern DNA testing. At least 10 cases and implies that white victims are con- (FBI), in increasing isolation from the rest of individuals sentenced to death have been ex- sidered more valuable in the criminal justice the nation’s law enforcement agencies, re- onerated through post-conviction DNA test- system. fuses to make electronic recordings of inter- ing, some within days of execution. Yet in (ii) Executions are conducted predomi- rogations that produce confessions, thus spite of the current widespread prevalence nately in southern States. Ninety percent of

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all executions in 2000 were conducted in the (e) INITIAL MEETING.—Not later than 30 (c) REPORT.— south. Only 3 States outside the south, Ari- days after all initial members of the Com- (1) PRELIMINARY REPORT.—Not later than 1 zona, California, and Missouri, conducted an mission have been appointed, the Commis- year after the date of enactment of this Act, execution in 2000. Texas accounted for al- sion shall hold the first meeting. the Commission shall submit to the Presi- most as many executions as all the remain- (f) MEETINGS.—The Commission shall meet dent, the Attorney General, and the Congress ing States combined. at the call of the Chairperson. a preliminary report, which shall contain a (G) The Supreme Court recently reversed (g) QUORUM.—A majority of the members of preliminary statement of findings and con- itself and has ruled the execution of the the Commission shall constitute a quorum clusions. mentally retarded unconstitutional and in for conducting business, but a lesser number (2) FINAL REPORT.—Not later than 2 years violation of the Eighth Amendment. (Atkins of members may hold hearings. after the date of enactment of this Act, the (h) CHAIR.—The President shall designate 1 v. Virginia, 536 U.S. 304 (2002)). Commission shall submit a report to the member appointed under subsection (a) to President, the Attorney General, and the SEC. 102. FEDERAL AND STATE DEATH PENALTY serve as the Chair of the Commission. MORATORIUM. Congress which shall contain a detailed (i) RULES AND PROCEDURES.—The Commis- (a) IN GENERAL.—The Federal Government sion shall adopt rules and procedures to gov- statement of the findings and conclusions of shall not carry out any sentence of death im- ern the proceedings of the Commission. the Commission, together with the rec- posed under Federal law until the Congress SEC. 202. DUTIES OF THE COMMISSION. ommendations of the Commission for legisla- considers the final findings and rection and administrative actions that imple- (a) STUDY.— ommendations of the National Commission (1) IN GENERAL.—The Commission shall ment the guidelines and procedures that the on the Death Penalty in the report sub- conduct a thorough study of all matters re- Commission considers appropriate. mitted under section 202(c)(2) and the Con- lating to the administration of the death SEC. 203. POWERS OF THE COMMISSION. gress enacts legislation repealing this sec- penalty to determine whether the adminis- tion and implements or rejects the guide- (a) INFORMATION FROM FEDERAL AND STATE tration of the death penalty comports with AGENCIES.— lines and procedures recommended by the constitutional principles and requirements Commission. (1) IN GENERAL.—The Commission may se- of fairness, justice, equality, and due proc- cure directly from any Federal or State de- (b) SENSE OF CONGRESS.—It is the sense of ess. Congress that each State that authorizes the partment or agency information that the (2) MATTERS STUDIED.—The matters studied Commission considers necessary to carry out use of the death penalty should enact a mor- by the Commission shall include the fol- atorium on executions to allow time to re- the provisions of this title. lowing: (2) FURNISHING OF INFORMATION.—Upon a view whether the administration of the (A) Racial disparities in capital charging, death penalty by that State is consistent request of the Chairperson of the Commis- prosecuting, and sentencing decisions. sion, the head of any Federal or State de- with constitutional requirements of fairness, (B) Disproportionality in capital charging, justice, equality, and due process. partment or agency shall furnish the infor- prosecuting, and sentencing decisions based mation requested by the Chairperson to the TITLE II—NATIONAL COMMISSION ON THE on geographic location and income status of Commission. DEATH PENALTY defendants or any other factor resulting in (b) POSTAL SERVICES.—The Commission SEC. 201. ESTABLISHMENT OF COMMISSION. such disproportionality. may use the United States mails in the same (a) ESTABLISHMENT.—There is established a (C) Adequacy of representation of capital manner and under the same conditions as commission to be known as the National defendants, including consideration of the other departments and agencies of the Fed- Commission on the Death Penalty (in this American Bar Association ‘‘Guidelines for eral Government. title referred to as the ‘‘Commission’’). the Appointment and Performance of Coun- (c) GIFTS.—The Commission may accept, (b) MEMBERSHIP.— sel in Death Penalty Cases’’ (adopted Feb- use, and dispose of gifts or donations of serv- (1) APPOINTMENT.—Members of the Com- ruary 1989) and American Bar Association mission shall be appointed by the President policies that are intended to encourage com- ices or property. in consultation with the Attorney General petency of counsel in capital cases (adopted (d) HEARINGS.—The Commission or, at the and the Chairmen and Ranking Members of February 1979, February 1988, February 1990, direction of the Commission, any sub- the Committees on the Judiciary of the and August 1996). committee or member of the Commission, House of Representatives and the Senate. (D) Whether innocent persons have been may, for the purpose of carrying out the pro- (2) COMPOSITION.—The Commission shall be sentenced to death and the reasons these visions of this title— composed of 15 members, of whom— wrongful convictions have occurred. (1) hold hearings, sit and act at times and (A) 3 members shall be Federal or State (E) Whether the Federal Government places, take testimony, receive evidence, and prosecutors; should seek the death penalty in a State administer oaths that the Commission, sub- (B) 3 members shall be attorneys experi- with no death penalty. committee, or member considers advisable; enced in capital defense; (F) Whether courts are adequately exer- and (C) 2 members shall be current or former cising independent judgment on the merits (2) require, by subpoena or otherwise, the Federal or State judges; of constitutional claims in State post-con- attendance and testimony of witnesses and (D) 2 members shall be current or former viction and Federal habeas corpus pro- the production of books, records, correspond- Federal or State law enforcement officials; ceedings. ence, memoranda, papers, documents, tapes, and (G) Whether persons who were under the and materials that the Commission, sub- (E) 5 members shall be individuals from age of 18 at the time of their offenses should committee, or member considers advisable. the public or private sector who have knowl- be sentenced to death after conviction of (e) ISSUANCE AND ENFORCEMENT OF SUB- edge or expertise, whether by experience or death-eligible offenses. POENAS.— training, in matters to be studied by the (H) Procedures to ensure that persons sen- (1) ISSUANCE.—Subpoenas issued pursuant Commission, which may include— tenced to death have access to forensic evi- to subsection (d)— (i) officers or employees of the Federal dence and modern testing of forensic evi- (A) shall bear the signature of the Chair- Government or State or local governments; dence, including DNA testing, when modern person of the Commission; and (ii) members of academia, nonprofit orga- testing could result in new evidence of inno- (B) shall be served by any person or class nizations, the religious community, or indus- cence. of persons designated by the Chairperson for try; and (I) Any other law or procedure to ensure that purpose. (iii) other interested individuals. that death penalty cases are administered (2) ENFORCEMENT.— (3) BALANCED VIEWPOINTS.—In appointing fairly and impartially, in accordance with (A) IN GENERAL.—In the case of contumacy the members of the Commission, the Presi- the Constitution. or failure to obey a subpoena issued under dent shall, to the maximum extent prac- (b) GUIDELINES AND PROCEDURES.— subsection (d), the district court of the ticable, ensure that the membership of the (1) IN GENERAL.—Based on the study con- United States for the judicial district in Commission is fairly balanced with respect ducted under subsection (a), the Commission which the subpoenaed person resides, is to the opinions of the members of the Com- shall establish guidelines and procedures for served, or may be found, may issue an order mission regarding support for or opposition the administration of the death penalty con- requiring that person to appear at any des- to the use of the death penalty. sistent with paragraph (2). ignated place to testify or to produce docu- (4) DATE.—The appointments of the initial (2) INTENT OF GUIDELINES AND PROCE- mentary or other evidence. members of the Commission shall be made DURES.—The guidelines and procedures re- (B) CONTEMPT.—Any failure to obey a court not later than 30 days after the date of en- quired by this subsection shall— order issued under subparagraph (A) may be actment of this Act. (A) ensure that the death penalty cases are punished by the court as a contempt. (c) PERIOD OF APPOINTMENT.—Each member administered fairly and impartially, in ac- (3) TESTIMONY OF PERSONS IN CUSTODY.—A shall be appointed for the life of the Commis- cordance with due process; court of the United States within the juris- sion. (B) minimize the risk that innocent per- diction in which testimony of a person held (d) VACANCIES.—A vacancy in the Commis- sons may be executed; and in custody is sought by the Commission or sion shall not affect the powers of the Com- (C) ensure that the death penalty is not ad- within the jurisdiction of which such person mission, but shall be filled in the same man- ministered in a racially discriminatory man- is held in custody, may, upon application by ner as the original appointment. ner. the Attorney General, issue a writ of habeas

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S164 CONGRESSIONAL RECORD — SENATE January 9, 2003 corpus ad testificandum requiring the custo- centage for the medicaid program; to states to cut health insurance coverage dian to produce such person before the Com- the Committee on Finance. for low-income families and individ- mission, or before a member of the Commis- Mr. ROCKEFELLER. Mr. President, uals. It grants states money that they sion or a member of the staff of the Commis- this budget cycle State legislators face can use for social services such as edu- sion designated by the Commission for such the largest deficits in 50 years. To bal- purpose. cation and child care. Finally, the bill (f) WITNESS ALLOWANCES AND FEES.— ance combined budget deficits of $60 to holds States harmless for reduced Fed- (1) IN GENERAL.—The provisions of section $85 billion, most States will be forced eral match rates in fiscal year 2002. As 1821 of title 28, United States Code, shall to raise taxes and cut spending. In July a result of these provisions, West Vir- apply to witnesses requested or subpoenaed of last year, 75 Senators voted to pro- ginia would receive $127 million to help to appear at any hearing of the Commission. vide meaningful fiscal relief to the balance its budget. (2) TRAVEL EXPENSES.—The per diem and states. That is why I return to the floor I want to stress that this proposal is mileage allowances for witnesses shall be today to introduce ‘‘The State Budget a critical component of economic stim- paid from funds available to pay the expenses of the Commission. Relief Act of 2003,’’ with my friends and ulus. In this time of economic down- colleagues Senators COLLINS, BEN NEL- turn, we need to ensure that there will SEC. 204. COMMISSION PERSONNEL MATTERS. SON ORDON MITH (a) COMPENSATION OF MEMBERS.—Members , and G S . This bipar- be a safety net for low-income people of the Commission shall serve without com- tisan legislation will provide $20 billion and that states are not placing a fur- pensation for the services of the member to in immediate assistance to states to ther drag on the economy in efforts to the Commission. help pay for increases in Medicaid en- balance their budgets. Several States (b) TRAVEL EXPENSES.—The members of rollment due to rising unemployment have completed Medicaid economic im- the Commission shall be allowed travel ex- and to stop cuts in health insurance pact studies within the last year. These penses, including per diem in lieu of subsist- coverage, child care, education and reports conclude that in addition to ence, at rates authorized for employees of other social services due to state budg- the personal toll that loss of coverage agencies under subchapter I of chapter 57 of title 5, United States Code, while away from et crises. takes on people, Medicaid cuts create their homes or regular places of business in As one of the largest State programs, an economic ripple effect by contrib- the performance of services for the Commis- Medicaid has become increasingly vul- uting to job and income losses for indi- sion. nerable as a target for cuts. In 11 viduals and reduced output for busi- (c) STAFF.— States, legislators have proposed and nesses. The President’s proposed eco- (1) IN GENERAL.—The Chairperson of the adopted cuts that when fully imple- nomic stimulus package ignores this Commission may, without regard to the civil mented will strip health insurance cov- storm brewing in the States. It pro- service laws and regulations, appoint and erage from approximately one million vides no fiscal relief for states and, in terminate an executive director and such other additional personnel as may be nec- low-income people. Further, when gov- fact, worsens the problem by reducing essary to enable the Commission to perform ernors release their budgets this state revenues by more than $4 billion the duties of the Commission. month, that number is expected to a year through the individual tax cut (2) EXECUTIVE DIRECTOR.—The employment climb much higher than one million. on dividends. of an executive director shall be subject to Most of these people are parents and In contrast, our bipartisan proposal confirmation by the Commission. children in working families that will provides immediate, temporary relief (3) COMPENSATION.—The Chairperson of the go uninsured without Medicaid cov- to States that will complement other Commission may fix the compensation of the erage. economic stimulus strategies while executive director and other personnel with- If States are forced to institute fur- out regard to the provisions of chapter 51 and protecting the health of millions of subchapter III of chapter 53 of title 5, United ther Medicaid cuts, our most vulner- Americans. It will be effective for 18 States Code, relating to classification of po- able Americans will be left out in the months from April 2003. I am extremely sitions and General Schedule pay rates, ex- cold. In West Virginia, Medicaid pro- disappointed that the Administration cept that the rate of pay for the executive di- vides coverage to 14 percent of the pop- failed to include any real relief for the rector and other personnel may not exceed ulation. Just this week, a West Vir- states in its own massive stimulus the rate payable for level V of the Executive ginia health clinic, which provides the package. I think that is a serious mis- Schedule under section 5316 of title 5. only care for Medicaid patients in take, and I will fight to include the (d) DETAIL OF GOVERNMENT EMPLOYEES.— town, was forced to lay off 18 employ- Any Federal Government employee may be proposal introduced by Senators COL- detailed to the Commission without reim- ees. The clinic is at risk because the LINS, BEN NELSON, GORDON SMITH and bursement, and the detail shall be without State Medicaid program does not have myself in any stimulus package we interruption or loss of civil service status or the money to pay it for services. deal with in the Senate Finance Com- privilege. These problems are not unique to mittee or on the floor. (e) PROCUREMENT OF TEMPORARY AND West Virginia. Stories from across the I ask unanimous consent that the INTERMITTENT SERVICES.—The Chairperson of country show that many states will be text of this bill be printed in the the Commission may procure temporary and forced to seek solutions to their budget RECORD. intermittent services under section 3109(b) of crises at the expense of low-income There being no objection, the bill was title 5, United States Code, at rates for individuals which do not exceed the daily equiva- people covered by Medicaid. On Decem- ordered to be printed in the RECORD, as lent of the annual rate of basic pay pre- ber 30th, the LA Times reported that follows: scribed for level V of the Executive Schedule California is considering proposals that S. 138 under section 5316 of title 5. would cut coverage for 500,000 people by Be it enacted by the Senate and House of Rep- SEC. 205. TERMINATION OF THE COMMISSION. the end of fiscal year 2004. This is more resentatives of the United States of America in The Commission shall terminate 90 days than one-third of the total number of Congress assembled, after the date on which the Commission sub- people, nationally, who lost coverage SECTION. 1. TEMPORARY STATE FISCAL RELIEF. mits its report under section 202. in all of 2001. (a) TEMPORARY INCREASE OF MEDICAID SEC. 206. FUNDING. Some Senators might ask why we FMAP.— (a) IN GENERAL.—The Commission may ex- should help the States. The answer to (1) PERMITTING MAINTENANCE OF FISCAL YEAR 2002 FMAP FOR LAST 2 CALENDAR QUAR- pend an amount not to exceed $850,000, as that question is that the current eco- TERS OF FISCAL YEAR 2003.—Notwithstanding provided by subsection (b), to carry out this nomic downturn and the continuing title. any other provision of law, but subject to State fiscal crises are hurting people (b) AVAILABILITY.—Sums appropriated to paragraph (5), if the FMAP determined with- the Department of Justice shall be made across this country and a great many out regard to this subsection for a State for available to carry out this title. more people will be hurt in the next 18 fiscal year 2003 is less than the FMAP as so months. The budget deficits are too determined for fiscal year 2002, the FMAP for By Mr. ROCKEFELLER (for him- large for States to cover alone without the State for fiscal year 2002 shall be sub- self, Ms. COLLINS, Mr. NELSON threatening the health and welfare of stituted for the State’s FMAP for the third and fourth calendar quarters of fiscal year of Nebraska, Mr. SMITH, Mrs. millions of Americans. 2003, before the application of this sub- CLINTON, Mrs. HUTCHISON, and The bipartisan ‘‘State Budget Relief section. Mr. GRAHAM of Florida): Act’’ provides a temporary increase in (2) PERMITTING MAINTENANCE OF FISCAL S. 138. A bill to temporarily increase Federal Medicaid matching rates, YEAR 2003 FMAP FOR FISCAL YEAR 2004.—Not- the Federal medical assistance per- which will help reduce the pressure on withstanding any other provision of law, but

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subject to paragraph (5), if the FMAP deter- (b) ADDITIONAL TEMPORARY STATE FISCAL ‘‘(d) PAYMENT TO STATES.—Not later than mined without regard to this subsection for RELIEF.— 30 days after amounts are appropriated under a State for fiscal year 2004 is less than the (1) IN GENERAL.—Title XX of the Social Se- subsection (a), in addition to any payment FMAP as so determined for fiscal year 2003, curity Act (42 U.S.C. 1397–1397f) is amended made under section 2002 or 2007, the Sec- the FMAP for the State for fiscal year 2003 by adding at the end the following: retary shall make a lump sum payment to a shall be substituted for the State’s FMAP for ‘‘SEC. 2008. ADDITIONAL TEMPORARY GRANTS State of the total amount of the allotment each calendar quarter of fiscal year 2004, be- FOR STATE FISCAL RELIEF. for the State as specified in subsection (b). fore the application of this subsection. ‘‘(a) IN GENERAL.—For the purpose of pro- ‘‘(e) DEFINITION.—For purposes of this sec- (3) GENERAL 2.45 PERCENTAGE POINTS IN- viding State fiscal relief allotments to tion, the term ‘State’ means the 50 States, CREASE FOR LAST 2 CALENDAR QUARTERS OF States under this section, there are hereby the District of Columbia, and the territories FISCAL YEAR 2003 AND FISCAL YEAR 2004.—Not- appropriated, out of any funds in the Treas- contained in the list under subsection (b).’’. withstanding any other provision of law, but ury not otherwise appropriated, (2) REPEAL.—Effective as of October 1, 2005, subject to paragraphs (5) and (6), for each $10,000,000,000. Such funds shall be available section 2008 of the Social Security Act, as State for the third and fourth calendar quar- for obligation by the State through June 30, added by paragraph (1), is repealed. ters of fiscal year 2003 and each calendar 2005, and for expenditure by the State (c) GAO STUDY AND REPORT.— quarter of fiscal year 2004, the FMAP (taking through September 30, 2005. This section con- (1) STUDY.—The Comptroller General of the into account the application of paragraphs stitutes budget authority in advance of ap- United States shall conduct a study to deter- (1) and (2)) shall be increased by 2.45 percent- propriations Acts and represents the obliga- mine the most appropriate data and method- age points. tion of the Federal Government to provide ology to use to determine the Federal med- (4) INCREASE IN CAP ON MEDICAID PAYMENTS for the payment to States of amounts pro- ical assistance percentage for purposes of TO TERRITORIES.—Notwithstanding any other vided under this section. programs authorized under the Social Secu- ‘‘(b) ALLOTMENT.—Funds appropriated provision of law, but subject to paragraph rity Act. (6), with respect to the third and fourth cal- under subsection (a) shall be allotted by the (2) REPORT.—Not later than 180 days after Secretary among the States in accordance endar quarters of fiscal year 2003 and each the date of enactment of this Act, the Comp- with the following table: calendar quarter of fiscal year 2004, the troller General of the United States shall amounts otherwise determined for Puerto submit a report to Congress on the study Rico, the Virgin Islands, Guam, the Northern conducted under paragraph (1). Mariana Islands, and American Samoa under ‘‘State Allotment (in subsections (f) and (g) of section 1108 of the dollars) Mr. NELSON of Nebraska. Mr. Presi- Social Security Act (42 U.S.C. 1308) shall dent, today I am pleased to introduce each be increased by an amount equal to 4.90 Alabama $113,960,092 Alaska $28,050,916 legislation to assist State governments percent of such amounts. Amer. Samoa $276,005 badly hurt by poor economic condi- (5) SCOPE OF APPLICATION.—The increases Arizona $174,176,300 tions and declining revenue. This legis- in the FMAP for a State under this sub- Arkansas $88,932,482 lation, that I am proud to be intro- section shall apply only for purposes of title California $1,055,900,700 XIX of the Social Security Act and shall not Colorado $95,353,555 ducing with my good friends Senators apply with respect to— Connecticut $138,136,104 COLLINS and ROCKEFELLER, will provide (A) disproportionate share hospital pay- Delaware $25,691,623 $20 billion in Federal assistance to District of Co- $43,356,542 ments described in section 1923 of such Act lumbia States. (42 U.S.C. 1396r–4); or Florida $416,437,302 Last July, 75 of our colleagues agreed (B) payments under title IV or XXI of such Georgia $245,721,379 with us that we need to help the States Act (42 U.S.C. 601 et seq. and 1397aa et seq.). Guam $446,563 (6) STATE ELIGIBILITY.— Hawaii $30,891,959 and passed a similar plan that we au- (A) IN GENERAL.—Subject to subparagraph Idaho $32,439,936 thored. Unfortunately, the House failed (B), a State is eligible for an increase in its Illinois $362,420,855 to act on our bill. In that timeframe, Indiana $181,086,404 FMAP under paragraph (3) or an increase in Iowa $86,873,236 the budget situation in the States has a cap amount under paragraph (4) only if the Kansas $62,913,352 gotten worse, not better. New esti- eligibility under its State plan under title Kentucky $141,415,311 mates show the States facing a $60 to XIX of the Social Security Act (including Louisiana $159,884,723 $85 billion shortfall next year. This is any waiver under such title or under section Maine $61,854,394 1115 of such Act (42 U.S.C. 1315)) is no more Maryland $157,333,510 why I come to the floor today to intro- restrictive than the eligibility under such Massachusetts $315,177,172 duce ‘‘The State Budget Relief Act of Michigan $290,300,805 2003.’’ plan (or waiver) as in effect on September 2, Minnesota $201,619,700 2003. Mississippi $117,970,775 The Federal and State governments (B) STATE REINSTATEMENT OF ELIGIBILITY Missouri $201,689,388 are a partnership. When State govern- PERMITTED.—A State that has restricted eli- Montana $24,291,445 ments are in a budget crisis, the Fed- Nebraska $53,033,542 gibility under its State plan under title XIX eral Government must step in and ful- of the Social Security Act (including any Nevada $34,887,749 waiver under such title or under section 1115 New Hampshire $36,067,567 fill the obligations to the programs New Jersey $274,636,614 people rely on. We have the same con- of such Act (42 U.S.C. 1315)) after September New Mexico $75,233,465 2, 2003, but prior to the date of enactment of New York $1,588,884,965 stituents and the same goals. this Act is eligible for an increase in its North Carolina $293,161,659 The bipartisan fiscal relief package FMAP under paragraph (3) or an increase in North Dakota $18,169,187 will provide assistance through a tem- a cap amount under paragraph (4) in the first N. Mariana Is- $155,920 lands porary increase in the Federal Medical calendar quarter (and subsequent calendar Assistance Percentage, FMAP, of Med- quarters) in which the State has reinstated Ohio $410,965,675 Oklahoma $97,493,874 eligibility that is no more restrictive than icaid and $10 billion in social service Oregon $111,334,973 block grants. This bill strikes a good the eligibility under such plan (or waiver) as Pennsylvania $497,241,778 in effect on September 2, 2003. Puerto Rico $12,610,820 balance by providing direct relief to (C) RULE OF CONSTRUCTION.—Nothing in Rhode Island $53,399,083 Medicaid, which is one of the fastest subparagraph (A) or (B) shall be construed as South Carolina $122,811,620 growing programs in State budgets, affecting a State’s flexibility with respect to South Dakota $20,201,430 while giving Governors needed flexi- benefits offered under the State medicaid Tennessee $233,515,925 Texas $543,148,021 bility through the block grants. This program under title XIX of the Social Secu- Utah $42,281,420 18-month package will provide over rity Act (42 U.S.C. 1396 et seq.) (including Vermont $27,033,142 $104 million in new funds to Nebraska. any waiver under such title or under section Virgin Islands $416,332 1115 of such Act (42 U.S.C. 1315)). Virginia $143,436,753 As a former Governor, I know how (7) DEFINITIONS.—In this subsection: Washington $199,131,541 hard it is for States to maintain a bal- (A) FMAP.—The term ‘‘FMAP’’ means the West Virginia $63,879,139 anced budget. I urge my colleagues to Federal medical assistance percentage, as Wisconsin $180,600,752 Wyoming $11,664,525 support this legislation and take that defined in section 1905(b) of the Social Secu- step to avert, at least in part, poten- rity Act (42 U.S.C. 1396d(b)). Total $10,000,000,000 tially damaging cuts to Medicaid as (B) STATE.—The term ‘‘State’’ has the well as to other social services pro- meaning given such term for purposes of ‘‘(c) USE OF FUNDS.—Funds appropriated title XIX of the Social Security Act (42 under this section may be used by a State for grams. If we do not help the States, U.S.C. 1396 et seq.). services directed at the goals set forth in any other Federal economic stimulus (8) REPEAL.—Effective as of October 1, 2004, section 2001, subject to the requirements of will likely be lost in State and local this subsection is repealed. this title. tax hikes and spending cuts.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S166 CONGRESSIONAL RECORD — SENATE January 9, 2003 By Mr. LIEBERMAN (for himself global warming to human populations. dorsed this approach saying that it and Mr. MCCAIN): I noticed two examples recently that would achieve the same amount of S. 139. A bill to provide for a program resonated with me; both come from the overall pollution reduction at a lower of scientific research on abrupt climate Arctic north, and in my view are ca- cost than traditional regulation, and change, to accelerate the reduction of naries in the climate change coalmine. urging the Bush Administration to sign greenhouse gas emissions in the United The first example comes from the Na- on. States by establishing a market-driven tive American populations of Alaska In making its endorsement, The Wall system of greenhouse gas tradeable al- and Northern Canada. In just the past Street Journal looked, as we did, at the lowances that could be used few years, a robin appeared in an record. Many similar programs have interchangably with passenger vehicle Inupiat village in Alaska. Unfortu- helped solve pollution problems fuel economy standard credits, to limit nately, the elders, despite an intimate throughout the country and the world. greenhouse gas emissions in the United awareness of their 10,000 year old lan- The most well-known example is the States and reduce dependence upon for- guage, did not know what to call the Acid Rain Trading Program in the 1990 eign oil, and ensure benefits to con- bird. You see, there is no word for Clean Air Act, one of the most success- sumers from the trading in such allow- robin in their language. ful environmental programs in history ances; to the Committee on Environ- A second example comes from the and something I was proud to have a ment and Public Works. town of Nenana, AK, which has an an- hand in creating. This program secured Mr. LIEBERMAN. Mr. President, I nual lottery to determine when a tri- strict cuts in sulfur dioxide emissions rise today to join my friend and col- pod placed on the frozen Tenana River from power plants at less than a quar- league, Senator MCCAIN, to introduce would break through the ice. And over ter of the predicted costs to industry. We have some initial reaction to our the first ever comprehensive legisla- the past 50 years, that breakthrough proposal from our country’s leading tion to limit the emissions of green- has occurred earlier and earlier. economists, and the response has been house gases in the United States. So, it’s not only in the language of positive. For instance, Steven DeCanio, Today we take the first step up a long statistics that climate change is occur- a professor of economics at the Univer- mountain road, a road that will cul- ring. It’s in the language of everyday sity of California, Santa Barbara and minate with this country taking cred- life. the former staff economist on this ible action to address the global prob- The nature of this problem is that it issue in the Reagan White House, stat- gets worse every year we fail to face it lems of our warming planet. The rest of ed the following about our proposal: the world is now taking on the chal- head on. It’s not unlike the federal The Climate Stewardship Act of 2003 is a lenge this problem presents. The budget deficit. The weight of the inter- good first step towards the ultimate goal of United States, as the world’s largest est payments bearing down on us grow stabilizing levels of greenhouse gas emis- emitter of the gases and the home of over time and dig us deeper and deeper sions that will prevent dangerous anthropo- the world’s strongest economy, must into a hole of our own making. So too genic interference with the climate. The Bill not have its head in the clouds. with global warming. Today the prob- embodies market mechanisms that will en- Climate change is not a new problem. lem is manageable. Tomorrow, quite able emissions reductions to be accomplished Recently, I had come across my desk a literally, we could be up to our waists efficiently, and has provisions for an equitable allocation of the emissions permits. 1979 document produced by the Na- in it. Funds are set aside to assist workers and tional Academy of Sciences at the re- There are a few remaining skeptics communities that may be adversely affected quest of then-President Carter. The who still doubt that human greenhouse by the transition. The Bill permits flexi- document says, ‘‘When it is assumed gas emissions are contributing to cli- bility in the manner by which the emissions that the CO2 content of the atmosphere mate change but even they should un- reductions are achieved, including allowing has doubled, the more realistic of the derstand the wisdom of taking preven- credits for verifiable enhancement of carbon modeling efforts predict a global sur- tive action. Even they should realize sinks and limited international emissions trading. The proposed legislation also en- face warming of between 2 degrees and that reducing greenhouse gas emissions courages investment in energy-efficiency 3.5 degrees with greater increases at now is the best insurance policy technologies, as well as the establishment of higher altitudes.’’ That is remarkably against the possibility of future catas- a national emissions database and funding similar to last year’s national commu- trophe. for new research. All of these features of the nication on climate change that pre- The question remains, then, what we Bill are components of a strategy that can dicted a warming of 2.5 degrees to 4 de- should do about it. There is no easy fix. enable the United States to begin to make grees over the next century. So in some Carbon dioxide, once released, stays in meaningful reductions in greenhouse gas our atmosphere for about a century, so emissions in a way that is supportive of eco- sense, we have known about this prob- nomic growth and beneficial to our standard lem for over two decades. That’s two any solution needs to be long-term. of living. It is entirely appropriate that the decades of neglect. We don’t need to But I believe that the legislation we risks of global climate change be addressed spin our wheels in the mud any longer. have drafted and will soon introduce in specific legislation at this time. It is time to get traction. It is time to will take us on the path to that ulti- But this bill is more than a broad take action. mate solution, and do so in a way that policy proposal. It is a detailed legisla- I do not believe there is any longer can provide an economic boost, not an tive design for the system. Our staffs any credible dissent on the central economic burden, to American busi- have been working ardently over the question: namely, whether human- nesses. Given our flagging economy, past 16 months to craft a detailed pro- caused climate change is happening. this is a critical point for us all to ab- posal that could find support both in The thermometer mercury is creeping sorb. the halls of industry and amongst the up, glaciers are melting, and waters are Our approach works like this. The nation’s leading environmental organi- rising. According to a NASA study re- country’s overall emissions will be zations. Hopefully that means that leased last month, the permanent, capped, then individual companies will both sides of the aisle in Congress will summer ice cap over the Arctic Ocean have the flexibility to find the most in- find something to their liking. I hope is disappearing far faster than pre- novative and cost-effective ways to all involved realized that this is no viously thought and will at this rate be drive their emissions down. They will marker bill; it is a comprehensive pro- gone by the end of the century. And trade pollution credits, also called al- posal. Please indulge me as I run just last week, two major new research lowances, with each other rather than through a few of the key details. studies said global warming is already paying penalties to the government. Our bill covers the four main sectors posing a dire threat to the world’s The result of that innovative model of the U.S. economy that emit green- plants and animals, a danger that is is that we will unleash and focuses the house gases: electric utilities, indus- likely to rise dramatically, with the genius of American enterprise to take trial plants, transportation, and large temperature, in the coming years. on a critical common challenge. And commercial facilities. For each of The scientific evidence is potent and the innovation unleashed as companies these sectors, we ease back on the persuasive. But we’ve witnessed other compete will create a boomlet of new, greenhouse gas accelerator, spreading changes across the globe that have high-paying jobs. It’s no wonder the the burden equally amongst the compa- anecdotally announced the arrival of Wall Street Journal editorial page en- nies. The progress required is real but

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S167 realistic. By the year 2010, we ask only about climate change than we in the Sec. 314. Borrowing against future reduc- that they return to 2000 levels. By 2016, United States have historically been. tions. we ask that they return to their 1990 When the Bush administration plays Sec. 315. Other uses of tradable allowances. Sec. 316. Exemption of source categories. levels, in keeping with our treaty com- down the risks of global warming and mitment under the Rio Convention. shows no interest in devising a serious Subitle B—Establishment and Allocation of Tradeable Allowances. In doing so, we provide each partici- solution, it frays our relationship with pant with a generous amount of flexi- those allies. That’s especially true Sec. 331. Establishment of tradeable allow- bility on how to comply with their ob- ances. since we as a nation are responsible for Sec. 332. Determination of tradeable allow- ligations. There is no limit on the about a quarter of the world’s total cli- ances allocations. amount of allowances that they may mate change problem. Sec. 333. Allocation of tradeable allowances. obtain from other participants in the We should never compromise critical Sec. 334. Initial allocations for early partici- system. Moreover, companies in the American policy simply to satisfy the pation and accelerated partici- system can avail themselves of ‘‘alter- international community. But in this pation. native compliance’’ options, including case, doing what’s in our own best en- Sec. 335. Bonus for accelerated participa- sequestration projects, international vironmental and economic interests tion. Sec. 336. Ensuring target adequacy. reductions, and verified reductions will also earn respect and support made by parties outside the system. Subtitle C—Climate Change Credit around the world. And lest we forget it Corporation Such ‘‘alternative compliance’’ options also happens to be the right thing to Sec. 351. Establishment. can be used to satisfy 300 percent of the do. Sec. 352. Purposes and functions. average companies’ obligation. The Earth is not only ours to use; we These alternative compliance options Subtitle D—Sequestration Accounting; are stewards of it, who must hold it in Penalties will have other benefits as well. As trust for future generations to live in, Sec. 371. Sequestration accounting. many members of this committee al- breathe in, and, yes, prosper in. Regret- Sec. 372. Penalties. ready know, sequestration projects can tably, this Nation’s climate change SEC. 3. DEFINITIONS. produce environmental benefits beyond policy to date has not respected our In this Act: the benefit to the climate, including role as stewards. It is time we reverse (1) ADMINISTRATOR.—The term ‘‘Adminis- reduced deforestation and more sus- that trend, and our bill will help do ex- trator’’ means the Administrator of the En- tainable agricultural practices. Such actly that. vironmental Protection Agency. projects also bring a needed infusion of I ask unanimous consent that the (2) BASELINE.—The term ‘‘baseline’’ means money into the farm economy not text of the bill be printed in the the historic greenhouse gas emission levels of an entity, as adjusted upward by the Ad- through subsidies, but through the sale RECORD. of a new ‘‘crop,’’ sequestered carbon di- There being no objection, the bill was ministrator to reflect actual reductions that are verified in accordance with— oxide. Even now, with a purely specula- ordered to be printed in the RECORD, as (A) regulations promulgated under section tive market in greenhouse gases, follows: 201(c)(1); and Entergy Services and Pacific North- S. 139 (B) relevant standards and methods devel- west Direct Seed Association brokered Be it enacted by the Senate and House of Rep- oped under this title. a deal for 30,000 million metric tons of resentatives of the United States of America in (3) COVERED SECTORS.—The term ‘‘covered carbon over 10 years. The sale price Congress assembled, sectors’’ means the electricity, transpor- was not divulged, but the point is that SECTION 1. SHORT TITLE. tation, industry, and commercial sectors, as such terms are used in the Inventory. the deal was made even in the absence This Act may be cited as the ‘‘Climate Stewardship Act of 2003’’. (4) COVERED ENTITY.—The term ‘‘covered of a real market. Our program would entity’’ means an entity (including a branch, SEC. 2. TABLE OF CONTENTS. greatly increase the opportunity for department, agency, or instrumentality of The table of contents for this Act is as fol- these types of sales by farmers. Federal, State, or local government) that— lows: Our businesses will benefit dramati- Sec. 1. Short title. (A) owns or controls a source of greenhouse cally from the regulatory certainty Sec. 2. Table of contents. gas emissions in the electric power, indus- that our bill will provide. Businesses Sec. 3. Definitions. trial, or commercial sectors of the United States economy (as defined in the Inven- now receive a confusing set of messages TITLE I—FEDERAL CLIMATE CHANGE tory), refines or imports petroleum products from the Federal Government. On the RESEARCH AND RELATED ACTIVITIES for use in transportation, or produces or im- one hand, they know that, with cli- Sec. 101. National Science Foundation schol- ports hydrofluorocarbons, perfluorocarbons, mate change worsening every year, arships. or sulfur hexaflouride; and government will somehow and some- Sec. 102. Commerce Department study of (B) emits over 10,000 metric tons of green- time have to require them to reduce technology transfer barriers. house gas per year, measured in units of car- their emissions. As the Conference Sec. 103. Report on United States impact of bon dioxide equivalance, or produces or im- Kyoto protocol. Board recently noted in a June 2002 reports— Sec. 104. Research grants. (i) petroleum products that, when com- port, ‘‘climate change is an issue busi- Sec. 105. Abrupt climate change research. busted, will emit, Sec. 106. NIST greenhouse gas functions. ness executives ignore at their peril.’’ (ii) hydrofluorocarbons, perfluorocarbons, Sec. 107. Development of new measurement On the other hand, businesses are being or sulfur hexafluoride that, when used, will technologies. left uncertain about Washington’s ulti- emit, or mate global warming policy plans, and Sec. 108. Enhanced environmental measurements and standards. (iii) other greenhouse gases that, when therefore have a perverse incentive to Sec. 109. Techonolgy development and diffu- used, will emit, put off any real anti-pollution tech- sion. over 10,000 metric tons of greenhouse gas per nology investments. TITLE II—NATIONAL GREENHOUSE GAS year, measured in units of carbon dioxide Indeed, our innovation economy DATABASE equivalence. (5) DATABASE.—The term ‘‘database’’ more broadly is unwilling or unable to Sec. 201. National greenhouse gas database engage while the Federal Government means the National Greenhouse Gas Data- and registry established. base established under section 201. continues to vacillate. As a result, we Sec. 202. Inventory of greenhouse gas emis- (6) DIRECT EMISSIONS.—The term ‘‘direct sions for covered entities. are losing countless dollars in new emissions’’ means greenhouse gas emissions Sec. 203. Greenhouse gas reduction report- market and job opportunities. Europe by an entity from a facility that is owned or and Japan already have an early head ing. Sec. 204. Measurement and verification. controlled by that entity. start in the pollution reduction indus- (7) FACILITY.—The term ‘‘facility’’ means a try. That lead will only grow if our TITLE III—MARKET-DRIVEN building, structure, or installation located GREENHOUSE GAS REDUCTIONS government stands pat. on any 1 or more contiguous or adjacent Finally, I want to mention one other, Subtitle A—Emission Reduction properties of an entity in the United States. Requirements; Use of Tradeable Allowances perhaps unlikely reason to support this (8) GREENHOUSE GAS.—The term ‘‘greenhouse gas’’ means— legislation beyond our economic and Sec. 311. Covered entities must submit allowances for emissions. (A) carbon dioxide; environmental well being, and that’s Sec. 312. Compliance. (B) methane; foreign policy. Many of our most im- Sec. 313. Tradeable allowances and fuel (C) nitrous oxide; portant allies are much more worried economy standard credits. (D) hydrofluorocarbons;

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S168 CONGRESSIONAL RECORD — SENATE January 9, 2003 (E) perfluorocarbons; and servation, analysis, modeling, paleoclima- the annual request for appropriations for the (F) sulfur hexafluoride. tology, consequences, and adaptation. Science and Technology Policy Institute, a (9) INDIRECT EMISSIONS.—The term ‘‘indi- SEC. 102. COMMERCE DEPARTMENT STUDY OF request for appropriations to fund research rect emissions’’ means greenhouse gas emis- TECHNOLOGY TRANSFER BARRIERS. in the priority areas on the list developed sions that are— (a) STUDY.—The Assistant Secretary of under paragraph (1). (A) a result of the activities of an entity; Technology Policy at Department of Com- ‘‘(B) AUTHORIZATION.—For fiscal year 2004 but merce shall conduct a study of technology and each fiscal year thereafter, there are au- (B) emitted from a facility owned or con- transfer barriers, best practices, and out- thorized to be appropriated to the National trolled by another entity; and comes of technology transfer activities at Science Foundation not less than $17,000,000, (C) not reported as direct emissions by the Federal laboratories related to the licensing to be made available through the Science entity from which they were emitted. and commercialization of energy efficient and Technology Policy Institute, for re- (10) INVENTORY.—The term ‘‘Inventory’’ technologies. The study shall be submitted search in those priority areas.’’. means the Inventory of U.S. Greenhouse Gas to the Senate Committee on Commerce, SEC. 105. ABRUPT CLIMATE CHANGE RESEARCH. Emissions and Sinks, prepared in compliance Science, and Transportation and the House ‘‘(a) IN GENERAL.—The Secretary, through with the United Nations Framework Conven- of Representatives Committee on Science the National Oceanic and Atmospheric Ad- tion on Climate Change Decision 3/CP.5.). within 6 months after the date of enactment ministration, shall carry out a program of (11) PHASE I ALLOTMENT.—The term ‘‘Phase of this Act. The Assistant Secretary shall scientific research on potential abrupt cli- I allotment’’ means— work with the existing interagency working mate change designed— (A) the amount of emissions emitted by a group to address identified barriers. (1) to develop a global array of terrestrial covered sector, as identified in the Inventory (b) AGENCY REPORT TO INCLUDE INFORMA- and oceanographic indicators of for the calendar year preceding the calendar TION ON TECHNOLOGY TRANSFER INCOME AND paleoclimate in order sufficiently to identify year in which this Act is enacted (reduced by ROYALTIES.—Paragraph (2)(B) of section 11(f) and describe past instances of abrupt climate the amount of allowances allocated by early of the Stevenson-Wydler Technology Innova- change; and accelerated participants under section tion Act of 1980 (15 U.S.C. 3710(f) is amend- (2) to improve understanding of thresholds 334 of this Act); multiplied by— ed— and nonlinearities in geophysical systems re- (B) the result of— (1) by striking ‘‘and’’ after the semicolon lated to the mechanisms of abrupt climate (i) the total greenhouse emissions for all in clause (vi); change; covered sectors for the year 2000, as identi- (2) by redesignating clause (vii) as clause (3) to incorporate these mechanisms into fied in the 2000 Inventory; divided by (ix); and advanced geophysical models of climate (ii) the total greenhouse emissions for all (3) by inserting after clause (vi) the fol- change; and covered sectors for the calendar year pre- lowing: (4) to test the output of these models ceding the date of enactment of this Act, as ‘‘(vii) the number of fully-executed licenses against an improved global array of records identified in the Inventory. which received royalty income in the pre- of past abrupt climate changes. (12) PHASE II ALLOTMENT.—The term ceding fiscal year for climate-change or en- (b) ABRUPT CLIMATE CHANGE DEFINED.—In ‘‘Phase II allotment’’ means— ergy-efficient technology; this section, the term ‘‘abrupt climate (A) the amount of emissions emitted by a ‘‘(viii) the total earned royalty income for change’’ means a change in climate that oc- covered sector, as identified in the Inventory climate-change or energy-efficient tech- curs so rapidly or unexpectedly that human for the calendar year preceding the calendar nology; and’’. or natural systems may have difficulty year in which this Act is enacted (reduced by (c) INCREASED INCENTIVES FOR DEVELOP- adapting to it. MENT OF CLIMATE-CHANGE OR ENERGY-EFFI- the amount of allowances allocated to early SEC. 106. NIST GREENHOUSE GAS FUNCTIONS. CIENT TECHNOLOGY.—Section 14(a) of the Ste- and accelerated participants under section Section 2(c) of the National Institute of 334 of this Act); multiplied by— venson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710c(a)) is amended— Standards and Technology Act (15 U.S.C. (B) the result of— 272(c)) is amended— (i) the total greenhouse emissions for all (1) by striking ‘‘15 percent,’’ in paragraph (1)(A) and inserting ‘‘15 percent (25 percent (1) by striking ‘‘and’’ after the semicolon covered sectors for the year 1990, as identi- in paragraph (21); fied in the 1990 Inventory; divided by for climate change-related technologies),’’; and (2) by redesignating paragraph (22) as para- (ii) the total greenhouse emissions for all graph (23); and covered sectors for the calendar year pre- (2) by inserting ‘‘($250,000 for climate change-related technologies)’’ after (3) by inserting after paragraph (21) the fol- ceding the date of enactment of this Act, as lowing; identified in the Inventory. ‘‘$150,000’’ each place it appears in paragraph (3). ‘‘(22) perform research to develop enhanced (13) REGISTRY.—The term ‘‘registry’’ means measurements, calibrations, standards, and the registry of greenhouse gas emission re- SEC. 103. REPORT ON UNITED STATES IMPACT OF technologies which will enable the reduced KYOTO PROTOCOL. ductions established under section 201(b)(2). production in the United States of green- Within 6 months after the date of enact- (14) SECRETARY.—The term ‘‘Secretary’’ house gases associated with global warming, ment of this Act, the Secretary shall submit means the Secretary of Commerce. including carbon dioxide, methane, nitrous a report to the Senate Committee on Com- (15) SEQUESTRATION.— oxide, ozone, perfluorocarbons, merce, Science, and Transportation and the (A) IN GENERAL.—The term ‘‘sequestra- hydrofluorocarbons, and sulfur hexafluoride; House of Representatives Committee on tion’’ means the capture, long-term separa- and’’. tion, isolidation, or removal of greenhouse Science on the effects that the entry into gases from the atmosphere. force of the Kyoto Protocol will have on— SEC. 107. DEVELOPMENT OF NEW MEASUREMENT TECHNOLOGIES. (B) INCLUSIONS.—The term ‘‘sequestra- (1) United States industry and its ability The Secretary shall initiate a program to tion’’ includes— to compete globally; develop, with technical assistance from ap- (i) agricultural and conservation practices; (2) international cooperation on scientific propriate Federal agencies, innovative (ii) reforestation; research and development; and standards and measurement technologies (iii) forest preservation; and (3) United States participation in inter- (including technologies to measure carbon (iv) any other appropriate method of cap- national environmental climate change miti- changes due to changes in land use cover) to ture, long-term separation, isolation, or re- gation efforts and technology deployment. calculate— moval of greenhouse gases from the atmos- SEC. 104. RESEARCH GRANTS. (1) greenhouse gas emissions and reduc- phere, as determined by the Administrator. Section 105 of the Global Change Research tions from agriculture, forestry, and other (C) EXCLUSIONS.—The term ‘‘sequestra- Act of 1990 (15 U.S.C. 2935) is amended— land use practices; tion’’ does not include— (1) by redesignating subsection (c) as sub- (2) noncarbon dioxide greenhouse gas emis- (i) any conversion of, or negative impact section (d); and sions from transportation; on, a native ecosystem; or (2) by inserting after subsection (b) the fol- (3) greenhouse gas emissions from facilities (ii) any introduction of non-native species lowing: or sources using remote sensing technology; or genetically modified organisms. (c) RESEARCH GRANTS. ‘‘(1) COMMITTEE TO DEVELOP LIST OF PRI- and (16) SOURCE CATEGORY.—The term ‘‘source (4) any other greenhouse gas emission or category’’ means a process or activity that ORITY RESEARCH AREAS.—The Committee shall develop a list of priority areas for re- reductions for which no accurate or reliable leads to direct emissions of greenhouse measurement technology exists. gases, as listed in the Inventory. search and development on climate change that are not being addressed by Federal SEC. 108. ENHANCED ENVIRONMENTAL MEAS- TITLE I—FEDERAL CLIMATE CHANGE agencies. UREMENTS AND STANDARDS. RESEARCH AND RELATED ACTIVITIES. ‘‘(2) DIRECTOR OF OSTP TO TRANSMIT LIST TO The National Institute of Standards and SEC. 101. NATIONAL SCIENCE FOUNDATION NSF.—the Director of the Office of Science Technology Act (15 U.S.C. 271 et seq.) is SCHOLARSHIPS. and Technology Policy shall transmit the amended— The Director of the National Science Foun- list to the National Science Foundation. (1) by redesignating sections 17 through 32 dation shall establish a scholarship program ‘‘(3) FUNDING THROUGH NSF. as sections 18 through 33, respectively; and for post-secondary students studying global ‘‘(A) BUDGET REQUEST.—The National (2) by inserting after section 16 the fol- climate change, including capability in ob- Science Foundation shall include, as part of lowing:

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S169 ‘‘SEC. 17. CLIMATE CHANGE STANDARDS AND the production of greenhouse gases. In car- tions made by an entity relative to the base- PROCESSES. rying out this subsection the Director may line of the entity; and ‘‘(a) IN GENERAL.—The Director shall es- cooperate with other departments and agen- (C) for the tracking of the reductions asso- tablish within the Institute a program to cies of the Federal Government, State and ciated with the serial numbers. perform and support research on global cli- local governments, and private organiza- SEC. 202. INVENTORY OF GREENHOUSE GAS mate change standards and processes, with tions.’’. EMISSIONS FOR COVERED ENTITIES. the goal of providing scientific and technical SEC. 109. TECHNOLOGY DEVELOPMENT AND DIF- (a) IN GENERAL.—Not later than July 1st of knowledge applicable to the reduction of FUSION. each calendar year after 2008, a covered enti- greenhouse gases (as defined in section 3(8) of The Director of the National Institute of ty shall submit to the Administrator a re- the Climate Stewardship Act of 2003). Standards and Technology, through the port that describes, for the preceding cal- ‘‘(b) RESEARCH PROGRAM. Manufacturing Extension Partnership Pro- endar year, the entity-wide greenhouse gas ‘‘(1) IN GENERAL.—The Director is author- gram, may develop a program to support the emissions (as reported at the facility level), ized to conduct, directly or through con- implementation of new ‘‘green’’ manufac- including— tracts or grants, a global climate change turing technologies and techniques by the (1) the total quantity of direct greenhouse standards and processes research program. more than 380,000 small manufacturers. gas emissions from stationary sources, ex- ‘‘(2) RESEARCH PROJECTS.—The specific con- TITLE II—NATIONAL GREENHOUSE GAS pressed in units of carbon dioxide equiva- tents and priorities of the research program DATABASE lence; shall be determined in consultation with ap- SEC. 201. NATIONAL GREENHOUSE GAS DATA- (2) the amount of petroleum products sold propriate Federal agencies, including the En- or imported and the amount of greenhouse vironmental Protection Agency, the Na- BASE AND REGISTRY ESTABLISHED. (a) ESTABLISHMENT.—As soon as prac- gases, expressed in carbon dioxide equiva- tional Oceanic and Atmospheric Administra- lents, that would be produced when these tion, and the National Aeronautics and ticable after the date of enactment of this Act, the Administrator, in coordination with products are used for transportation; and Space Administration. The program gen- (3) such other categories of emissions as erally shall include basic and applied re- the Secretary, the Secretary of Energy, the Secretary of Agriculture, and private sector the Administrator determines in the regula- search— tions promulgated under section 201(c)(1) ‘‘(A) to develop and provide the enhanced and non-governmental organizations, shall may be practicable and useful for the pur- measurements, calibrations, data, models, establish, operate, and maintain a database, poses of this Act, such as— and reference material standards which will to be known as the ‘‘National Greenhouse (A) indirect emissions from imported elec- enable the monitoring of greenhouse gases; Gas Database’’, to collect, verify, and ana- tricity, heat, and steam; ‘‘(B) to assist in establishing a baseline ref- lyze information on greenhouse gas emis- (B) process and fugitive emissions; and erence point for future trading in greenhouse sions by entities. (C) production or importation of green- gases and the measurement of progress in (b) NATIONAL GREENHOUSE GAS DATABASE house gases. emissions reduction; COMPONENTS.—The database shall consist (b) COLLECTION AND ANALYSIS OF DATA.— ‘‘(C) that will be exchanged internationally of— The Administrator shall collect and analyze as scientific or technical information which (1) an inventory of greenhouse gas emis- information reported under subsection (a) for has the stated purpose of developing mutu- sions; and (2) a registry of greenhouse gas emission use under title III. ally recognized measurements, standards, reductions and increases in greenhouse gas and procedures for reducing greenhouse SEC. 203. GREENHOUSE GAS REDUCTION RE- sequestrations. gases; and PORTING. (c) COMPREHENSIVE SYSTEM.— ‘‘(D) to assist in developing improved in- (a) IN GENERAL.—Subject to the require- (1) IN GENERAL.—Not later than 2 years dustrial processes designed to reduce or ments described in subsection (b)— after the date of enactment of this Act, the eliminate greenhouse gases. (1) a covered entity may register green- Administrator shall promulgate regulations ‘‘(c) NATIONAL MEASUREMENT LABORA- house gas emission reductions achieved after to implement a comprehensive system for TORIES.— 1990 and before 2010 under this section; and greenhouse gas emissions reporting, ‘‘(1) IN GENERAL.—In carrying out this sec- (2) an entity that is not a covered entity inventorying, and reductions registration. tion, the Director shall utilize the collective may register greenhouse gas emission reduc- (2) REQUIREMENTS.—The Administrator skills of the National Measurement Labora- tions achieved at any time since 1990 under shall ensure, to the maximum extent prac- tories of the National Institute of Standards this section. ticable, that— (b) REQUIREMENTS.— and Technology to improve the accuracy of (A) the comprehensive system described in measurements that will permit better under- (1) IN GENERAL.—The requirements referred paragraph (1) is designed to— to in subsection (a) are that an entity (other standing and control of these industrial (i) maximize completeness, transparency, than an entity described in paragraph (2)) chemical processes and result in the reduc- and accuracy of information reported; and shall— tion or elimination of greenhouse gases. (ii) minimize costs incurred by entities in (A) establish a baseline; and ‘‘(2) MATERIAL, PROCESS, AND BUILDING RE- measuring and reporting greenhouse gas (B) submit the report described in sub- SEARCH.—The National Measurement Lab- emissions; and section (c)(1). oratories shall conduct research under this (B) the regulations promulgated under (2) REQUIREMENTS APPLICABLE TO ENTITIES subsection that includes— paragraph (1) establish procedures and proto- ENTERING INTO CERTAIN AGREEMENTS.—An en- ‘‘(A) developing material and manufac- cols necessary— turing processes which are designed for en- (i) to prevent the reporting of some or all tity that enters into an agreement with a ergy efficiency and reduced greenhouse gas of the same greenhouse gas emissions or participant in the registry for the purpose of emissions into the environment; emission reductions by more than 1 report- a carbon sequestration project shall not be ‘‘(B) developing environmentally-friendly, ing entity; required to comply with the requirements ‘green’ chemical processes to be used by in- (ii) to provide for corrections to errors in specified in paragraph (1) unless that entity dustry; and data submitted to the database; is required to comply with the requirements ‘‘(C) enhancing building performance with (iii) to provide for adjustment to data by by reason of an activity other than the a focus in developing standards or tools reporting entities that have had a significant agreement. which will help incorporate low- or no-emis- organizational change (including mergers, (c) REPORTS.— sion technologies into building designs. acquisitions, and divestiture), in order to (1) REQUIRED REPORT.—Not later than July ‘‘(3) STANDARDS AND TOOLS.—The National maintain comparability among data in the 1st of the calendar year beginning more than Measurement Laboratories shall develop database over time; 2 years after the date of enactment of this standards and tools under this subsection (iv) to provide for adjustments to reflect Act, but subject to paragraph (3), an entity that include software to assist designers in new technologies or methods for measuring described in subsection (a) shall submit to selecting alternate building materials, per- or calculating greenhouse gas emissions; the Administrator a report that describes, formance data on materials, artificial intel- (v) to account for changes in registration for the preceding calendar year, the entity- ligence-aided design procedures for building of ownership of emission reductions result- wide greenhouse gas emissions (as reported subsystems and ‘smart buildings’, and im- ing from a voluntary private transaction beat the facility level), including— proved test methods and rating procedures tween reporting entities; and (A) the total quantity of direct greenhouse for evaluating the energy performance of (vi) to clarify the responsibility for report- gas emissions from stationary sources, ex- residential and commercial appliances and ing in the case of any facility owned or con- pressed in units of carbon dioxide equiva- products. trolled by more than 1 entity. lence; ‘‘(d) NATIONAL VOLUNTARY LABORATORY AC- (3) SERIAL NUMBERS.—Through regulations (B) the amount of petroleum products sold CREDITATION PROGRAM.—The Director shall promulgated under paragraph (1), the Admin- or imported and the amount of greenhouse utilize the National Voluntary Laboratory istrator shall develop and implement a sys- gases, expressed in carbon dioxide equiva- Accreditation Program under this section to tem that provides— lents, that would be produced when these establish a program to include specific cali- (A) for the verification of submitted emis- products are used by vehicles; and bration or test standards and related meth- sions reductions; (C) such other categories of emissions as ods and protocols assembled to satisfy the (B) for the provision of unique serial num- the Administrator determines in the regula- unique needs for accreditation in measuring bers to identify the verified emission reductions promulgated under section 201(c)(1)

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S170 CONGRESSIONAL RECORD — SENATE January 9, 2003 may be practicable and useful for the pur- integrated with, Federal, State, and regional taken to reduce, avoid, or sequester green- poses of this Act, such as— greenhouse gas data collection and reporting house gas emissions; (i) indirect emissions from imported elec- systems in effect as of the date of enactment (D) in coordination with the Secretary of tricity, heat, and steam; of this Act. Agriculture, standards to measure the re- (ii) process and fugitive emissions; and (8) ADDITIONAL ISSUES TO BE CONSIDERED.— sults of the use of carbon sequestration and (iii) production or importation of green- In promulgating the regulations under sec- carbon recapture technologies, including— house gases. tion 201(c)(1) and implementing the database, (i) organic soil carbon sequestration prac- (2) VOLUNTARY REPORTING.—An entity de- the Administrator shall take into consider- tices; and scribed in subsection (a) may (along with es- ation a broad range of issues involved in es- (ii) forest preservation and reforestation tablishing a baseline and reporting emissions tablishing an effective database, including— activities that adequately address the issues under this section)— (A) the appropriate allowances for report- of permanence, leakage, and verification; (A) submit a report described in paragraph ing each greenhouse gas; (E) establishment of such other measure- (1) before the date specified in that para- (B) the data and information systems and ment and verification standards as the Sec- graph for the purposes of achieving and measures necessary to identify, track, and retary, in consultation with the Secretary of commoditizing greenhouse gas reductions verify greenhouse gas emissions in a manner Agriculture, the Administrator, and the Sec- through use of the registry; and that will encourage private sector trading retary of Energy, determines to be appro- (B) submit to the Administrator, for inclu- and exchanges; priate; sion in the registry, information that has (C) the greenhouse gas reduction and se- (F) establishment of standards for obtain- been verified in accordance with regulations questration methods and standards applied ing the Secretary’s approval of the suit- promulgated under section 201(c)(1) and that in other countries, as applicable or relevant; ability of geological storage sites that in- relates to— (D) the extent to which available fossil clude evaluation of both the geology of the (i) any entity-wide greenhouse gas emis- fuels, greenhouse gas emissions, and green- site and the entity’s capacity to manage the sion reductions activities of the entity that house gas production and importation data site; and (G) establishment of other features that, as were carried out during or after 1990 and be- are adequate to implement the database; and determined by the Secretary, will allow enti- fore the establishment of the National (E) the differences in, and potential ties to adequately establish a fair and reli- Greenhouse Gas Database, verified in accord- uniqueness of, the facilities, operations, and able measurement and reporting system. ance with regulations promulgated under business and other relevant practices of per- (b) REVIEW AND REVISION.—The Secretary section 201(c)(1), and submitted to the Ad- sons and entities in the private and public shall periodically review, and revise as nec- ministrator before the date that is 4 years sectors that may be expected to participate essary, the methods and standards developed after the date of enactment of this Act; and in the database. under subsection (a). (ii) with respect to the calendar year pre- (d) ANNUAL REPORT.—The Administrator ceding the calendar year in which the infor- (c) PUBLIC PARTICIPATION.—The Secretary shall publish an annual report that— shall— mation is submitted, any project or activity (1) describes the total greenhouse gas emis- that results in an entity-wide reduction of (1) make available to the public for com- sions and emission reductions reported to ment, in draft form and for a period of at greenhouse gas emissions or an increase in the database during the year covered by the net sequestration of a greenhouse gas that is least 90 days, the methods and standards de- report; veloped under subsection (a); and carried out by the entity. (2) provides entity-by-entity and sector-by- (3) Provision of verification information by re- (2) after the 90-day period referred to in sector analyses of the emissions and emis- paragraph (1), in coordination with the Sec- porting entities.—Each entity that submits a sion reductions reported; report under this subsection shall provide in- retary of Energy, the Secretary of Agri- (3) describes the atmospheric concentra- culture, and the Administrator, adopt the formation sufficient for the Administrator to tions of greenhouse gases; and verify, in accordance with measurement and methods and standards developed under sub- (4) provides a comparison of current and section (a) for use in implementing the data- verification methods and standards devel- past atmospheric concentrations of green- oped under section 203, that the greenhouse base. house gases. (d) EXPERTS AND CONSULTANTS.— gas report of the reporting entity— (1) IN GENERAL.—The Secretary may obtain (A) has been accurately reported; and SEC. 204. MEASUREMENT AND VERIFICATION. the services of experts and consultants in the (B) in the case of each voluntary report (a) STANDARDS.— private and nonprofit sectors in accordance under paragraph (2), represents— (1) IN GENERAL.—Not later than 1 year after with section 3109 of title 5, United States (i) actual reductions in direct greenhouse the date of enactment of this Act, the Sec- Code, in the areas of greenhouse gas meas- gas emissions— retary shall develop comprehensive measure- urement, certification, and emission trading. (I) relative to historic emission levels of ment and verification methods and standards (2) AVAILABLE ARRANGEMENTS.—In obtain- the entity; and to ensure a consistent and technically accu- ing any service described in paragraph (1), (II) after accounting for any increases in rate record of greenhouse gas emissions, the Secretary may use any available grant, indirect emissions described in paragraph emission reductions, sequestration, and at- contract, cooperative agreement, or other (1)(C)(i); or mospheric concentrations for use in the reg- arrangement authorized by law. (ii) actual increases in net sequestration. istry. (4) FAILURE TO SUBMIT REPORT.—An entity (2) REQUIREMENTS.—The development of TITLE III—MARKET-DRIVEN GREENHOUSE that participates or has participated in the methods and standards under paragraph (1) GAS REDUCTIONS registry and that fails to submit a report re- shall include— SUBTITLE A—EMISSION REDUCTION REQUIRE- quired under this subsection shall be prohib- (A) a requirement that a covered entity MENTS; USE OF TRADEABLE ALLOWANCES ited from using, or allowing another entity use a continuous emissions monitoring sys- SEC. 311. COVERED ENTITIES MUST SUBMIT AL- to use, its registered emissions reductions or tem, or another system of measuring or esti- LOWANCES FOR EMISSIONS. increases in sequestration to satisfy the re- mating emissions that is determined by the (a) IN GENERAL.—Beginning with calendar quirements of section 311. Secretary to provide information with the year 2010— (5) INDEPENDENT THIRD-PARTY same precision, reliability, accessibility, and (1) each covered entity in the electric gen- VERIFICATION.—To meet the requirements of timeliness as a continuous emissions moni- eration, industrial, and commercial sectors this section and section 203, an entity that is toring system provides; shall submit to the Administrator one required to submit a report under this sec- (B) establishment of standardized measure- tradeable allowance for every metric ton of tion may— ment and verification practices for reports greenhouse gases, measured in units of car- (A) obtain independent third-party made by all entities participating in the reg- bon dioxide equivalence, that it emits; verification; and istry, taking into account— (2) producer or importer of (B) present the results of the third-party (i) protocols and standards in use by enti- hydrofluorocarbons, perfluorocarbons, or sul- verification to the Administrator. ties desiring to participate in the registry as fur hexafluoride that is a covered entity (6) AVAILABILITY OF DATA.— of the date of development of the methods shall submit to the Administrator one (A) IN GENERAL.—The Administrator shall and standards under paragraph (1); tradeable allowance for every metric ton of ensure that information in the database is— (ii) boundary issues, such as leakage and hydrofluorocarbons, perfluorocarbons, or sul- (i) published; and shifted use; fur hexafluoride it produces or imports, (ii) accessible to the public, including in (iii) avoidable of double counting of green- measured in units of carbon dioxide equiva- electronic format on the Internet. house gas emissions and emission reductions; lence; and (B) Exception.—Subparagraph (A) shall not (iv) protocols to prevent a covered entity (3) each petroleum refiner or importer that apply in any case in which the Adminis- from avoiding the requirements of this Act is a covered entity shall submit one trator determines that publishing or other- by reorganization into multiple entities that tradeable allowance for every unit of petro- wise making available information described are under common control; and leum product it sells that will produce one in that subparagraph poses a risk to national (v) such other factors as the Secretary, in metric ton of greenhouse gases, measured in security. consultation with the Administrator, deter- units of carbon dioxide equivalence, when (7) DATA INFRASTRUCTURE.—The Adminis- mines to be appropriate; used for transportation. trator shall ensure, to the maximum extent (C) establishment of measurement and (b) DETERMINATION OF TRANSPORTATION practicable, that the database uses, and is verification standards applicable to actions SECTOR AMOUNT.—For the transportation

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S171 sector, the Administrator shall determine ‘‘(1) applied to any of the 3 model years im- (1) the covered entity’s requirements under the amount of greenhouse gases, measured in mediately following the model year for this Act for that year shall be increased by units of carbon dioxide equivalence, that will which the credits are earned; or the amount of the credit, plus the amount be emitted when petroleum products are ‘‘(2) if the average fuel economy of a manu- determined under subsection (c); used for transportation. facturer exceeds the fuel efficiency standards (2) any tradeable allowances submitted by (c) EXCEPTION FOR CERTAIN DEPOSITED by more than 20 percent, sold to the registry the covered entity for that year shall be EMISSIONS.—Notwithstanding subsection (a), established under section 201 of the Climate counted first against the increase in those a covered entity is not required to submit a Stewardship Act of 2003.’’. requirements; and tradeable allowance for any amount of (b) CONVERSION RATIO.—The Secretary of (3) the covered entity may not use credits greenhouse gas that would otherwise have Transportation, in consultation with the Ad- under this section to meet the increased re- been emitted from a source under the owner- ministrator, shall determine the conversion quirements. ship or control of that entity if— factor to be used for purposes of credits pur- SEC. 315. OTHER USES OF TRADEABLE ALLOW- (1) the emission is deposited in a geological chased from, or sold to, the registry estab- ANCES. storage facility approved by the Adminis- lished under section 201 of this Act and fuel (a) IN GENERAL.—Tradeable allowances trator under section 204(a)(2)(F); and economy standard credits under section 32903 may be sold, exchanged, purchased, retired, (2) the entity agrees to submit tradeable of title 49, United States Code. or used as provided in this section. allowances for any portion of the deposited (c) REDUCTION OF TRANSPORTATION SECTOR (b) INTERSECTOR TRADING.—Covered enti- emission that is subsequently emitted from ALLOCATION.—If any manufacturer sells cred- ties may purchase or otherwise acquire that facility. its under section 32903(a)(2) of title 49, United tradeable allowances from other covered sectors to satisfy the requirements of section SEC. 312. COMPLIANCE. States Code, to the registry established 311. (a) IN GENERAL.— under section 201 of this Act in any calendar (c) CLIMATE CHANGE CREDIT ORGANIZA- (1) SOURCE OF TRADEABLE ALLOWANCES year, the amount of tradeable allowances allocated to the transportation sector under TION.—The Climate Change Credit Corpora- USED.—A covered entity may use a tradeable tion established under section 351 may sell allowance to meet the requirements of this section 311(b) for the next calendar year, and the total allocation of tradeable allowance tradeable allowances allocated to it under section without regard to whether the section 332(a)(2) to any covered entity or to tradeable allowance was allocated to it available for allocation in the next calendar years, shall be reduced by an amount equiva- any investor, broker, or dealer in such under subtitle B or acquired from another tradeable allowances. The Climate Change entity or the Climate Change Credit Cor- lent to the sum of the credits, measured in units of carbon dioxide equivalents, sold to Credit Corporation shall use all proceeds poration established under section 351. from such sales in accordance with the provi- (2) VERIFICATION OF ADMINISTRATOR.—At the registry by such manufacturers during the preceding calendar year. sions of section 352. various times during each year, the Adminis- (d) BANKING OF TRADEABLE ALLOWANCES.— trator shall determine whether each covered SEC. 314. BORROWING AGAINST FUTURE REDUC- TIONS. Not withstanding the requirements of sec- entity has met the requirements of this section 311, a covered entity that has more than tion. In making that determination, the Ad- (a) IN GENERAL.—The Administrator shall establish a program under which a covered a sufficient amount of tradeable allowances ministrator shall— to satisfy the requirements of section 311, (A) take into account tradeable allowances entity may— (1) receive a credit in the current calendar may refrain from submitting a tradeable al- allocated to, or acquired by, that covered en- lowance to satisfy the requirements in order tity; and year for anticipated reductions in emissions in a future calendar year; and to sell, exchange, or use the tradeable allow- (B) retire the serial number assigned to ance in the future. each such tradeable allowance so used. (2) use the credit in lieu of a tradeable al- SEC. 316. EXEMPTION OF SOURCE CATEGORIES. (b) ALTERNATIVE MEANS OF COMPLIANCE lowance to meet the requirements of this (a) IN GENERAL.—The Administrator may FROM 2010 THROUGH 2015.—For the years 2010, Act for the current calendar year, subject to grant an exemption from the requirements of 2011, 2012, 2013, 2014, and 2015, a covered enti- the limitation imposed by section 312(b). this Act to a source category if the Adminis- ty may satisfy 15 percent of its total allow- (b) DETERMINATION OF TRADEABLE ALLOW- trator determines, after public notice and ance submission requirement under this sec- ANCE CREDITS.—The Administrator may comment, that it is not feasible to measure tion by— make credits available under subsection (a) or estimate emissions from that source cat- (1) submitting tradeable allowances from only for anticipated reductions in emissions egory. another nation’s market in greenhouse gas that— (1) are attributable to the realization of (b) REDUCTION OF LIMITATIONS.—If the Ad- emissions if— capital investments in equipment, the con- ministrator exempts a source category under (A) the Secretary certifies that the other struction, reconstruction, or acquisition of subsection (a), the Administrator shall also nation’s system for trading in greenhouse facilities, or the deployment of new tech- reduce the total tradeable allowances under gas emissions is complete, accurate, and nologies— section 321(a) as follows: transparent and reviews that determination (A) for which the covered entity has exe- (1) 2010 LIMITATION.—For the tradeable al- at least once every 5 years; cuted a binding contract and secured, or ap- lowances under section 311(a)(1), the Admin- (B) the other nation has adopted enforce- plied for, all necessary permits and oper- istrator shall reduce the total by the amount able limits on its greenhouse gas emissions ating or implementation authority; of greenhouse gas emissions that the ex- which the tradeable allowances were issued (B) that will not become operational with- empted source category emitted in calendar to implement; and in the current calendar year; and year 2000, as identified in the 2000 Inventory. (C) the covered entity certifies that the (C) that will become operational and begin (2) 2016 LIMITATION.—For the tradeable al- tradeable allowance has been retired unused to reduce emissions from the covered source lowances under subsection 311(a)(2), the Ad- in the other nation’s market; within 5 years after the year in which the ministrator shall reduce the total by the (2) submitting a registered net increase in credit is used; and amount of green-house gas emissions that sequestration, as registered in the National (2) will be realized within 5 years after the the exempted source category emitted in cal- Greenhouse Gas Database established under year in which the credit is used. endar year 1990, as identified in the 1990 In- section 201, adjusted, if necessary, to comply (c) CARRYING COST.—If a covered entity ventory. with the accounting standards and methods uses a credit under this section to meet the (c) LIMITATION ON EXEMPTION.—The Admin- established under section 372; requirements of this Act for a calendar year istrator may not grant an exemption under (3) submitting a greenhouse gas emissions (referred to as the use year), the tradeable subsection (a) to carbon dioxide produced reduction (other than a registered net in- allowance requirement for the year from from fossil fuel. crease in sequestration) that was registered which the credit was taken (referred to as Subtitle B—Establishment and Allocation of in the National Greenhouse Gas Database by the source year) shall be increased by an Tradeable Allowances a person that is not a covered entity; or amount equal to— (4) submitting credits obtained from the SEC. 331. ESTABLISHMENT OF TRADEABLE AL- (1) 10 percent for each credit borrowed from LOWANCES. Administrator under section 314 the source year; multiplied by (a) IN GENERAL.—The Administrator shall (c) ALTERNATIVE MEANS OF COMPLIANCE (2) the number of years beginning after the promulgate regulations to establish AFTER 2015.—For years beginning after 2015, use year and before the source year. tradeable allowances, denominated in units a covered entity may meet the requirements (d) MAXIMUM BORROWING PERIOD.—A credit of carbon dioxide equivalence— of this section by any means described in from a year beginning more than 5 years (1) for calendar years beginning after 2009 subsection (b), except that for the purpose of after the current year may not be used to and before 2016, equal to— applying subsection (d) after 2015, ‘‘10 per- meet the requirements of this Act for the (A) 5896 million metric tons, measured in cent’’ shall be substituted for ‘‘15 percent’’. current year. units of carbon dioxide equivalence, reduced SEC. 313. TRADEABLE ALLOWANCES AND FUEL (e) FAILURE TO ACHIEVE REDUCTIONS GEN- by ECONOMY STANDARD CREDITS. ERATING CREDIT.—If a covered entity that (B) the amount of emissions of greenhouse (a) IN GENERAL.—Section 32903 of title 49, uses a credit under this section fails to gases in calendar year 2000 from non-covered United States Code, is amended by striking achieve the anticipated reduction for which entities; and the second sentence of subsection (a) and in- the credit was granted for the year from (2) for calendar years beginning after 2015, serting ‘‘The credits may be— which the credit was taken, then— equal to—

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S172 CONGRESSIONAL RECORD — SENATE January 9, 2003 (A) 5123 million metric tons, measured in tions and provision of tradeable allowances under which it agrees to reduce its level of units of carbon dioxide equivalence, reduced pursuant to that determination, are deemed greenhouse gas emissions to a level no great- by to be a major rule (as defined in section er than the level of its greenhouse gas emis- (B) the amount of emissions of greenhouse 804(2) of title 5, United States Code), and sub- sions for calendar year 1990 by the year 2010, gases in calendar year 1990 from non-covered ject to the provisions of chapter 8 of that then, for the 6-year period beginning with entities. title. calendar year 2010, the Administrator shall— (b) SERIAL NUMBERS.—The Administrator SEC. 333. ALLOCATION OF TRADEABLE ALLOW- (1) provide additional tradeable allowances shall assign a unique serial number to each ANCES. to that entity when allocating allowances tradeable allowance established under sub- (a) IN GENERAL.—Beginning with calendar under section 334 in order to recognize the section (a), and shall take such action as year 2010 and after taking into account any additional emissions reductions that will be may be necessary to prevent counterfeiting initial allocations under section 334, the Ad- required of the covered entity; of tradeable allowances. ministrator shall— (2) allow that entry to satisfy 20 percent of (c) NATURE OF TRADEABLE ALLOWANCES.—A (1) allocate to each covered sector that sec- its requirements under section 311 by— tradeable allowance is not a property right, tor’s Phase I and Phase II allotments deter- (A) submitting tradeable allowances from and nothing in this title or any other provi- mined by the Administrator under section another nation’s market in greenhouse gas sion of law limits the authority of the 332 (adjusted for any such initial allocations emission under the conditions described in United States to terminate or limit a and the allocation to the Climate Change section 312(b)(1); tradeable allowance. Credit Corporation established under section (B) submitting a registered net increase in (d) NON-COVERED ENTITY.—In this section: 351); and sequestration, as registered in the National (1) IN GENERAL.—The term ‘‘non-covered (2) allocate to the Climate Change Credit Greenhouse Gas Database established under entity’’ means an entity that— Corporation established under section 351 the section 201, and as adjusted by the appro- (A) owns or controls a source of greenhouse tradeable allowances allocable to that Cor- priate sequestration discount rate estab- gas emissions in the electric power, indus- poration. lished under section 372; or trial, or commercial sectors of the United (b) INTRASECTORIAL ALLOTMENTS.—The Ad- (C) submitting a greenhouse gas emission States economy (as defined in the Inven- ministrator shall, by regulation, establish a reduction (other than a registered net in- tory), refines or imports petroleum products process for the allocation of tradeable allow- crease in sequestration) that was registered for use in transportation, or produces or im- ances under this section, without cost to fa- in the National Greenhouse Gas Database by ports hydrofluorocarbons, perfluorocarbons, cilities within each sector, that will— a person that is not a covered entity. and sulfur hexafluoride; and (1) encourage investments that increase (b) TERMINATION.—An entity that executes (B) is not a covered entity, determined by the efficiency of the processes that produce an agreement described in subsection (a) applying the definition in section 3(4) for the greenhouse gas emissions; may terminate the agreement at any time. year 2000 (for the purpose of subsection (2) minimize the costs to the government (c) FAILURE TO MEET COMMITMENT.—If an (a)(1)(B)) or the year 1990 (for the purpose of of allocating the tradeable allowances; entity that executes an agreement described subsection (a)(2)(B)). (3) not penalize a covered entity for reg- in subsection (a) fails to achieve the level of (2) EXCEPTION.—Notwithstanding para- istered emissions reductions made before emissions to which it committed by calendar graph (1), an entity that is a covered entity 2010; and year 2010— for any calendar year beginning after 2009 (4) provide sufficient allocation for new en- (1) its requirements under section 311 shall shall not be considered to be a non-covered trants into the sector. be increased by the amount of any tradeable (c) POINT SOURCE ALLOCATION.—The Ad- entity for the purpose of either subsection allowances provided to it under subsection ministrator shall allocate the tradeable al- (a)(1)(B) or subsection (a)(2)(B) only because (a)(1); and lowances for the electricity generation, in- it emitted, or its products would have emit- (2) any tradeable allowances submitted dustrial, and commercial sectors to the enti- ted, 10,000 metric tons or less of greenhouse thereafter shall be counted first against the ties owning or controlling the point sources gas, measured in units of carbon dioxide increase in those requirements. of greeenhouse gas emissions within that equivalence, in the year 2000 or 1990, respec- sector. SEC. 336. ENSURING TARGET ADEQUACY. tively. (d) HYDROFLUOROCARBONS, PERFLUORO- (a) IN GENERAL.—Beginning 2 years after SEC. 332. DETERMINATION OF TRADEABLE AL- CARBONS, AND SULFUR HEXAFLUORIDE.—The the date of enactment of this Act, the Under LOWANCE ALLOCATIONS. Administrator shall allocate the tradeable Secretary of Commerce for Oceans and At- (a) IN GENERAL.—The Secretary shall de- allowances for producers or importers of mosphere shall review the allowances estab- termine— hydrofluorocarbons, perfluorocarbons, or sul- lished by subsection (a) no less frequently (1) the amount of tradeable allowances to fur hexafluoride one tradeable allowance for than biennially— be allocated to each covered sector of that every metric ton of hydrofluorocarbons, (1) to re-evaluate the levels established by sector’s Phase I and Phase II allotments; and perfluorocarbons, or sulfur hexafluoride pro- that subsection, after taking into account (2) the amount of tradeable allowances to duced or imported, measured in units of car- the best available science and the most cur- be allocated to the Climate Change Credit bon dioxide equivalence. rently available data, and Corporation established under section 351. (e) SPECIAL RULE FOR ALLOCATION WITHIN (2) to re-evaluate the environmental and (b) ALLOCAITON FACTORS.—In making the THE TRANSPORTATION SECTOR.—The Adminis- public health impacts of specific concentra- determination required by subsection (a), the trator shall allocate the tradeable allow- tion levels of greenhouse gases, Secretary shall consider— ances for the transportation sector to petro- to determine whether the allowances estab- (1) the distributive effect of the allocations leum refiners or importers that produce or lished by subsection (a) continue to be con- on household income and net worth of indi- import petroleum products that will be used sistent with the objective of the United Na- viduals as fuel for transportation. tions’ Framework Convention on Climate (2) the impact of the allocations on cor- Change of stabilizing levels of greenhouse porate income, taxes, and asset value; SEC. 334. INITIAL ALLOCATIONS FOR EARLY PAR- TICIPATION AND ACCELERATED gas emissions at a level that will prevent (3) the impact of the allocations on income PARTICIPATION. dangerous anthropogenic interference with levels of consumers and on their energy con- Before making allocations under section the climate system. sumption; 333, the Administrator shall allocate— (b) REVIEW OF 2010 AND 2016 LEVELS.—The (4) the effects of the allocations in terms of (1) to any covered entity an amount of Under Secretary shall specifically review in economic efficiency; tradeable allowances equivalent to the 2008 the level established under section (5) the ability of covered entities to pass amount of greenhouse gas emissions reduc- 311(a)(1) and, in 2012, the level established through compliance costs to their cus- tions registered by that covered entity in the under section 311(a)(2), and transmit a report tomers; and national greenhouse gas database if— on his reviews, together with any rec- (6) the degree to which the amount of allo- (A) the covered entity has requested to use ommendations, including legislative rec- cations to the covered sectors should de- the registered reduction in the year of allo- ommendations, for modification of the lev- crease over time. cation; els, to the Senate Committee on Commerce, (c) ALLOCATION RECOMMENDATIONS AND IM- (B) the reduction was registered prior to Science, and Transportation, the Senate PLEMENTATIONS.—Before allocating or pro- 2010; and Committee on Environment and Public viding tradeable allowances under sub- (C) the Administrator retires the unique Works, the House of Representatives Com- section(a) and within 24 hours after the date serial number assigned to the reduction mittee on Science, and the House of Rep- of enactment of this Act, the Secretary shall under section 201(c)(3); and resentatives Committee on Energy and Com- submit the determinations under subsection (2) to any covered entity that has entered merce. (a) to the Senate Committee on Commerce, into an accelerated participation agreement Science, and Transportation, the Senate under section 335, such tradeable allowances Subtitle C—Climate Change Credit Committee on Environment and Public as the Administrator has determined to be Corporation Works, the House of Representatives Com- appropriate under that section. SEC. 351. ESTABLISHMENT. mittee on Science, and the House of Rep- SEC. 335. BONUS FOR ACCELERATED PARTICIPA- (a) IN GENERAL.—The Climate Change resentatives Committee on Energy and Com- TION. Credit Corporation is established as a non- merce. The Secretary’s determinations (A) IN GENERAL.—If a covered entity exe- profit corporation without stock. The Cor- under paragraph (1), including the alloca- cutes an agreement with the Administrator poration shall not be considered to be an

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S173 agency or establishment of the United States allow the Administrator to determine, using ford University recently reported in Government. the methods and standards created under the journal Nature that global warm- (b) APPLICABLE LAWS.—The Corporation section 204, whether that net increase in se- ing is forcing species around the world, shall be subject to the provisions of this title questration still exists. Unless the Adminis- from California starfish to Alpine and, to the extent consistent with this title, trator determines that the net increase in to the District of Columbia Business Cor- sequestration continues to exist, the covered herbs, to move into new ranges or alter poration Act. entity shall offset any loss of sequestration habits that could disrupt ecosystems. (c) BOARD OF DIRECTORS.—The Corporation by submitting additional tradeable allow- The report states there is ‘‘very high shall have a board of directors of 5 individ- ances of equivalent amount in the calendar confidence,’’ defined as having more uals who are citizens of the United States, of year following that determination. than 95 percent of observed changes whom 1 shall be elected annually by the (b) REGULATIONS REQUIRED.—The Sec- which were principally caused by cli- board to serve as chairman. No more than 3 retary, acting through the Under Secretary mate change, that climate change is members of the board serving at any time of Commerce for Science and Technology, in may be affiliated with the same political coordination with the Secretary of Agri- already affecting living systems. The party. The members of the board shall be ap- culture, the Secretary of Energy, and the end result off these changes could be pointed by the President of the United Administrator, shall issue regulations estab- substantial ecological disruption, local States, by and with the advice and consent lishing the sequestration accounting rules losses in wildlife, and extinction of cer- of the Senate and shall serve for terms of 5 for all classes of sequestration projects. tain species. years. (c) CRITERIA FOR REGULATIONS.—In issuing This and many other reports over the SEC. 352. PURPOSES AND FUNCTIONS. regulations under this section, the Secretary years have highlighted time and again (a) TRADING.—The Corporation— shall use the following criteria: the consequences of a warming climate (1) shall receive and manage tradeable al- (1) If the range of possible amounts of net increase in sequestration for a particular system. We have seen the destruction lowances allocated to it under section of over 70 percent of the heat-sensitive 333(a)(2); and class of sequestration project is not more (2) shall buy and sell tradeable allowances, than 10 percent of the median of that range, corals reefs, the melting of glaciers at whether allocated to it under that section or the amount of sequestration awarded shall unprecedented levels, the increase of obtained by purchase, trade, or donation be equal to the median value of that range. wildfires, and the spreading of diseases. from other entities; but (2) If the range of possible amounts of net A large German insurance company (3) may not retire tradeable allowances un- increase in sequestration for a particular has estimated that global warming class of sequestration project is more than 10 used. could cost $300 billion annually by 2050 (b) USE OF TRADEABLE ALLOWANCES AND percent of the median of that range, the amount of sequestration awarded shall be in weather damage, pollution, indus- PROCEEDS.— trial and agricultural losses, and other (1) IN GENERAL.—The Corporation shall use equal to the fifth percentile of that range. the tradeable allowances, and proceeds de- (3) The regulations shall include proce- expenses. rived from its trading activities in tradeable dures for accounting for potential leakage Our international partners, the allowances, to reduce costs borne by con- from sequestration projects and for ensuring States, and private industry are react- sumers as a result of the greenhouse gas re- that any registered increase in sequestration ing to this challenge. For example, duction requirements of this Act. The reduc- is in addition that which would have oc- California has enacted legislation that tions— curred if this Act had not been enacted. PDATES.—The Secretary shall update will regulate tailpipe emissions of (A) may be obtained by buy-down, subsidy, (d) U the sequestration accounting rules for every greenhouse gases. The European Union negotiation of discounts, consumer rebates, class of sequestration project at least once just recently approved an emissions or otherwise; (B) shall be, as nearly as possible, equi- every 5 years. trading system. The World Bank has tably distributed across all regions of the SEC. 372. PENALTIES. estimated that greenhouse gas trading United States; and Any covered entity that fails to meet the will be a $10 billion market by 2005. Fi- (C) may include arrangements for pref- requirements of section 311 for a year shall nancial ratification of the Kyoto Pro- erential treatment to consumers who can be liable for a civil penalty, payable to the tocol rests with Russia. least afford any such increased costs. Administrator, equal to thrice the market Industry is also paying attention to (2) TRANSITION ASSISTANCE TO DISLOCATED value (determined as of the last day of the year at issue) of the tradeable allowances what’s happening. Laws firms and in- WORKERS AND COMMUNITIES.—The Corpora- surance companies are setting up busi- tion shall allocate a percentage of the pro- that would be necessary for that covered en- ceeds derived from its trading activities in tity to meet those requirements on the date ness units to deal with climate-related tradeable allowances to provide transition of the emission that resulted in the viola- risks. assistance to dislocated workers and commu- tion. Thus far, however, little has actually nities. Transition assistance may take the Mr. MCCAIN. Mr. President, the Na- been accomplished to reduce green- form of— tional Academy of Science has said, house gas emissions. The United States (A) grants to employers, employer associa- ‘‘Greenhouse gases are accumulating in must do something, but it must also do tions, and representatives of employees— the Earth’s atmosphere as a result of the right thing. Many have focused on (i) to provide training, adjustment assist- human activities, causing surface air what we do not know or the uncertain- ance, and employment services to dislocated temperatures and subsurface ocean ties are climate change. I prefer a more workers; and (ii) to make income-maintenance and temperatures to rise. Temperatures sound and scientific approach of start- needs-related payments to dislocated work- are, in fact, rising. The changes ob- ing with what is known or given and ers; and served over the last several decades are then proceeding to solve the problem (B) grants to State and local governments likely mostly due to human activities, at hand. to assist communities in attracting new em- but we cannot rule out that some sig- While we cannot say with 100 percent ployers or providing essential local govern- nificant part of these changes is also a confidence what will happen in the fu- ment services. reflection of natural variability.’’ ture, we do know the mission of green- (3) PHASE-OUT OF TRANSITION ASSISTANCE.— Over the past five years, the Com- house gases is not healthy for the envi- The percentage allocated by the Corporation under paragraph (2)— merce Committee has held eight hear- ronment. As many of the top scientists (A) shall be 20 percent for 2010; ings on climate change. Two the last through the world have stated, the (B) shall be reduced by 2 percentage points five years, 1998 and 2002, have been the sooner we start to reduce these emis- each year thereafter; and warmest, in terms of average global sions, the better off we will be in the (C) may not be reduced below zero. temperatures, ever recorded. According future. (c) ANNUAL REPORT.—The Corporation to a recent report from the National In 2001, Senator LIEBERMAN and I an- shall issue an annual report setting forth the Oceanic and Atmospheric Administra- nounced our intention to develop legis- results of its operations for the year. tion NOAA, nine of the warmest years lation to require mandatory reductions SUBTITLE D—SEQUESTRATION ACCOUNTING; have occurred since 1990. As reported in in greenhouse gases emissions and pro- PENALTIES the New York Times on December 31, vide for the trading of emission allow- SEC. 371. SEQUESTRATION ACCOUNTING. 2002, many experts think it is more ances. We have been working with in- (a) SEQUESTRATION ACCOUNTING.—If a cov- dustry and the environmental commu- ered entity uses a registered net increase in likely than not 2003 will either match sequestration to satisfy the requirements of or exceed the 1998 average temperature nity to develop legislation to move the section 311 for any year, that covered entity record of 58 degrees Fahrenheit. country in the right direction and dem- shall submit information to the Adminis- Researchers at the University of onstrate leadership on this important trator every 5 years thereafter sufficient to Texas, Wesleyan University, and Stan- issue. It will be the first comprehensive

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S174 CONGRESSIONAL RECORD — SENATE January 9, 2003 piece of legislation in this area. Not modeling capability that examines demo- mitted the following concurrent resolu- only will it not place the burden on graphic changes and their critical impact on tion; which was referred to the Com- any one sector, it would allow for the economic and budget estimates; mittee on Governmental Affairs: partnering across sectors through the Whereas he has performed his duties as Di- rector at a time of extreme personal loss S. CON. RES. 1 trading system to most effectively with courage, dignity, and intelligence; and meet the required reductions. Whereas members of the uniformed serv- Whereas he has earned the respect and es- ices of the United States and civilian em- The bill we are introducing will pro- teem of the United States Senate: Now, ployees of the United States make signifi- pose a ‘‘cap and trade’’ approach to re- therefore, be it cant contributions to the general welfare of ducing greenhouse gases emissions. It Resolved, That the Senate of the United the United States and are on the front lines would require the promulgation of reg- States commends Dr. Dan L. Crippen for his in the fight against terrorism; ulations to limit greenhouse gases dedicated, faithful, and outstanding service Whereas civilian employees of the United emissions from the electricity genera- to his country and to the Senate. States play a crucial role in the fight against tion, transportation, industrial and terrorism, as exemplified by the civilian em- commercial economic sectors. The af- SENATE RESOLUTION 16—HON- ployees of the new Department of Homeland ORING THE HILLTOPPERS OF Security who are working to ensure the se- fected sectors request approximately 85 curity of the United States, the civilian em- percent of the overall U.S. emissions WESTERN KENTUCKY UNIVER- SITY FROM BOWLING GREEN, ployees of the Central Intelligence Agency for the year 2000. The bill also would and the Federal Bureau of Investigation who provide for the trading of emissions al- KENTUCKY, FOR WINNING THE are investigating the September 11, 2001, ter- lowances and reductions through the 2002 NATIONAL COLLEGIATE ATH- rorist attacks and working to prevent fur- government provided greenhouse gas LETIC ASSOCIATION DIVISION I– ther terrorist attacks, the numerous civilian database, which would contain an in- AA FOOTBALL CHAMPIONSHIP employees of the Federal Government who ventory of emissions and a registry of Mr. BUNNING (for himself and Mr. participated in disaster response teams after such attacks, and the civilian employees of reduction. MCCONNELL) submitted the following the Transportation Security Agency who are I thank Senator LIEBERMAN for his resolution; which was considered and working to make our skies safer; commitment and leadership in bring- agreed to: Whereas civilian employees of the United ing this piece of legislative initiative. S. RES. 16 States will continue to support and defend We hope that our colleagues in the Whereas on December 20, 2002, the Western the United States during this difficult time; Senate and the Administration will Kentucky University Hilltoppers from Bowl- Whereas for fiscal year 2003 the Adminis- work with us to improve upon and ulti- ing Green, Kentucky, won the 2002 NCAA Di- tration granted a 4.1 percent pay raise for mately adopt this much needed legisla- vision I–AA Collegiate Football Champion- members of the uniformed services but only a 3.1 percent pay raise for the dedicated ci- tion. ship; Whereas this championship is Western vilian employees of the United States, a dis- The U.S. is responsible for 25 percent parity in adjustments that violates the tra- of the worldwide greenhouse gases Kentucky University’s first NCAA Football Championship since its football program ditional principle of parity of pay adjust- emissions. It is time for the U.S. gov- began in 1913; ments; and ernment to do its part to address this Whereas the Hilltoppers had an impressive Whereas this disparity in pay adjustments global problem, and legislation on and overall record of 12 wins and 3 losses, in- goes against the longstanding policy of par- mandatory reductions is the form of cluding 10 consecutive wins and winning the ity for all those who have chosen to serve leadership that is required to address championship game; the United States: Now, therefore, be it this global problem. Whereas the Hilltoppers showed tremen- Resolved by the Senate (the House of Rep- dous dedication to each other, appreciation resentatives concurring), That it is the sense f to their fans, sportsmanship to their oppo- of Congress that there should continue to be STATEMENTS ON SUBMITTED nents, and respect for the game of football parity between the adjustments in the com- RESOLUTIONS throughout their 2002 season; pensation of members of the uniformed serv- Whereas Western Kentucky University was ices and the adjustments in the compensa- represented with integrity and principled tion of civilian employees of the United SENATE RESOLUTION 15—COM- leadership under the direction of its head States. MENDING DAN L. CRIPPEN FOR coach Jack Harbaugh, athletic director Dr. Mr. SARBANES. Mr. President, I am HIS SERVICE TO CONGRESS AND Wood Selig, and president Dr. Gary A. Ransdell; and called to join with Senators AKAKA, THE NATION Whereas on December 20, 2002, the 15th BINGAMAN, CANTWELL, CLINTON, DUR- Mr. DOMENICI (for himself, Mr. CON- ranked Western Kentucky University BIN, KENNEDY, LEVIN, LIEBERMAN, MI- RAD, Mr. GRASSLEY, Mr. HOLLINGS, Mr. Hilltoppers faced the number 1 ranked KULSKI, MURRAY, NELSON, E. BENJAMIN, NICKLES, Mr. SARBANES, Mr. BOND, Mrs. McNeese State University Cowboys for the and WARNER in introducing a resolu- 2002 NCAA Division I–AA Football Cham- MURRAY, Mr. GREGG, Mr. WYDEN, Ms. tion that would express the sense of pionship in Chattanooga, Tennessee, and SNOWE, Mr. FEINGOLD, Mr. FRIST, Mr. the Congress that parity in the pay in- came away victorious by a score of 34 to 14: creases granted to Federal civilian and JOHNSON, Mr. SMITH, Mr. BYRD, Mr. Now, therefore, be it ALLARD, Mr. NELSON of Florida, Mr. Resolved, That the Senate honors the West- military employees should be main- HAGEL, Ms. STABENOW, Mrs. CLINTON, ern Kentucky University football team from tained. A comparison of military and and Mr. CORZINE) submitted the fol- Bowling Green, Kentucky, for winning the civilian pay increases by the Congres- lowing resolution; which was consid- 2002 NCAA Division I–AA Football Cham- sional Research Service finds that in 14 ered and agreed to: pionship. of the last 17 years military and civil- S. RES. 15 ian pay increases have been identical. SENATE CONCURRENT RESOLU- Whereas Dr. Dan L. Crippen has served as Disparate treatment of civilian and the fifth Director of the Congressional Budg- TION 1—EXPRESSING THE SENSE military pay goes against the long- et Office since February 3, 1999 and now has OF CONGRESS THAT THERE standing policy of parity for all those ended his service on January 3, 2003; SHOULD CONTINUE TO BE PAR- who have chosen to serve our Nation, Whereas during his tenure as Director, he ITY BETWEEN THE ADJUST- whether that service be in the civilian has continued to encourage the highest MENTS IN THE COMPENSATION workforce or in the armed services. standards of analytical excellence within the OF MEMBERS OF THE UNI- During this unpredented time in our staff of the Congressional Budget Office FORMED SERVICES AND THE AD- while maintaining the independent and non- Nation’s history, both members of the partisan character of the organization; JUSTMENTS IN THE COMPENSA- armed services and civilian Federal Whereas he has provided expert testimony TION OF CIVILIAN EMPLOYEES employees are fighting the war on ter- to all committees of the United States Sen- OF THE UNITED STATES rorism and making remarkable con- ate; Mr. SARBANES (for himself, Mr. tributions to the safety of this country Whereas during his tenure as Director, he BINGAMAN, Mr. DURBIN, Ms. MIKULSKI, and our citizens. Both the armed forces has expanded and improved the accessibility of the Congressional Budget Office’s work Mrs. MURRAY, Mr. LEVIN, Mr. WARNER, and civilian employees are on the front products to the Congress and the public; Ms. CANTWELL, Mr. NELSON of Ne- lines in the fight against terrorism, Whereas he has led the agency’s develop- braska, Mrs. CLINTON, Mr. AKAKA, Mr. and civilian employees are playing a ment of an independent long-term economic KENNEDY, and Mr. LIEBERMAN) sub- significant role in that fight.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S175 For example, civilian employees of PRIVILEGE OF THE FLOOR uty Assistant to the President from the new Department of Homeland Se- Mr. GREGG. Mr. President, I ask 1987 to 1988 and Assistant to the Presi- curity are working to ensure the safety unanimous consent that Bill Lucia of dent for Domestic Affairs from 1988 to of our Nation. Air marshals and mem- my HELP Committee staff be granted 1989, in which capacity he served as the bers of the Transportation Security floor privileges. President’s adviser on domestic policy Agency are making America’s skies Mr. MCCONNELL. Mr. President, I issues, including the preparation and safer. Civilian employees of the Central ask unanimous consent that the order presentation of the federal budget. Intelligence Agency and the Federal for the quorum call be rescinded. In 1989, he became Senior Vice Presi- Bureau of Investigation are inves- The PRESIDING OFFICER. Without dent of the consulting firm Duberstein tigating the events of September 11th objection, it is so ordered. Group, and in 1996, he became Principal and working to prevent further ter- in the consulting firm Washington rorist attacks. And Federal employees f Counsel. at the State Department are working COMMENDING DR. DAN L. CRIPPEN From there, he was tapped again for with other countries in an inter- Congressional service and became the national coalition against terrorism. Mr. MCCONNELL. Mr. President, I fifth director of the Congressional In addition, there are numerous Fed- ask unanimous consent that the Sen- Budget Office, where he advanced its eral employees who participated in dis- ate proceed to the immediate consider- already strong reputation for objective aster response teams on September ation of S. Res. 15. and insightful analysis. For that rea- 11th and during the anthrax attacks. The PRESIDING OFFICER. The son and many others, he has earned the And every day, thousands of civilian clerk will report the resolution by respect, admiration, and affection of Federal employees continue to go to title. his colleagues at CBO and, once again, work and carry out their responsibil- The assistant legislative clerk read the gratitude of the U.S. Congress. ities in this unpredictable time. as follows: So on the occasion of Dan Crippen’s This Senate Concurrent Resolution A resolution (S. Res. 15) commending Dr. departure from CBO, I want to salute expresses the sense of the Congress Dan L. Crippen for his service to Congress his accomplishments and contributions that parity between the adjustments in and the Nation. thus far in his career and to say that I Federal civilian pay and military pay There being no objection, the Senate look forward to his continued success should be maintained. For Fiscal Year proceeded to consider the resolution. as he takes on new responsibilities in 2003, President Bush gave a 4.1 percent Mr. DOMENICI. Mr. President, today, the next phase of his career. pay raise to members of the armed I would like to recognize the exem- Mr. MCCONNELL. Mr. President, I services, but only a 3.1 percent pay plary and faithful service that Dan L. ask unanimous consent that the reso- raise to our dedicated public servants. Crippen has provided to his country lution be agreed to, the preamble be This discrepancy violates the tradi- and to the U.S. Congress. January 3, agreed to, the motion to reconsider be tional principle of pay parity, and does 2003, was Dr. Crippen’s last day as the laid upon the table, and that any state- not recognize the crucial work of the Director of the Congressional Budget ments related to this matter be printed civilian Federal workforce. Further- Office. in the RECORD. more, this discrepancy ignores the ex- In the four years that he has held Mr. REID. I object. press wish of Congress that the prin- that position, he has led CBO with The PRESIDING OFFICER. Objec- ciple of pay parity be followed. Past dedication and integrity. As a re- tion is heard. budget resolutions and Treasury-Postal spected and thoughtful steward of the Mr. REID addressed the Chair. appropriations bills approved by the agency, he has provided the Members The PRESIDING OFFICER. Does the Senate and the House of Representa- of Congress with impartial analyses of majority whip yield the floor? tives have included language express- a wide array of budgetary and eco- Mr. MCCONNELL. I yield the floor. ing the ‘‘sense of Congress that rates of nomic issues and thereby provided a Mr. REID. I withdraw my objection. compensation for civilian employees of sound basis for Congressional deci- The PRESIDING OFFICER. Without the United States should be adjusted at sions, and he has aided the American objection, it is so ordered. the same time, and in the same propor- public’s understanding of these issues The resolution (S. Res. 15) was agreed tion, as are rates of compensation for through his clear and forthright state- to. member of the uniformed services.’’ ments. The preamble was agreed to. The resolution, with its preamble, In this difficult time, the dedication Some of his particular accomplish- reads as follows: and commitment of both the armed ments as Director include fostering the services and our civilian employees development of long-term modeling S. RES. 15 demonstrate the greatness of our Na- and a long-range perspective in the Whereas Dr. Dan L. Crippen has served as the fifth Director of the Congressional Budg- tion. The contribution of both should agency’s analyses, bolstering research be recognized. et Office since February 3, 1999 and now has support, building a stronger and more ended his service on January 3, 2003; f diverse workforce, securing access to Whereas during his tenure as Director, he AUTHORITY FOR COMMITTEES TO previously unavailable data, and mod- has continued to encourage the highest MEET ernizing many support processes and standards of analytical excellence within the much of the work space. staff of the Congressional Budget Office COMMITTEE ON COMMERCE, SCIENCE, AND Dan Crippen received a bachelor of while maintaining the independent and non- TRANSPORTATION partisan character of the organization; Mr. STEVENS. Mr. President, I ask arts degree from South Dakota in 1974, Whereas he has provided expert testimony unanimous consent that the Senate a master of arts from Ohio State in to all committees of the United States Sen- Committee on Commerce, Science, and 1976, and a doctor of philosophy degree ate; Transportation be authorized to meet in public finance from Ohio State in Whereas during his tenure as Director, he on January 9, 2003, at 9:30 am on the fu- 1981. He then set out on a remarkable has expanded and improved the accessibility ture of the airline industry in SR–253. career that has included positions of of the Congressional Budget Office’s work great responsibility in both the public products to the Congress and the public; The PRESIDING OFFICER. Without Whereas he had led the agency’s develop- objection, it is so ordered. and private sectors. From 1981 to 1985, ment of an independent long-term economic COMMITTEE ON COMMERCE, SCIENCE, AND he served in the United States Senate modeling capability that examines demo- TRANSPORTATION as Chief Counsel and Economic Policy graphic changes and their critical impact on Mr. STEVENS. Mr. President, I ask Adviser to the Senate majority leader, economic and budget estimates; unanimous consent that the Senate working on major tax and budget bills Whereas he has performed his duties as Di- Committee on Commerce, Science, and as well as other legislation. From 1985 rector at a time of extreme personal loss Transportation be authorized to meet to 1987, he was Executive Director of with courage, dignity, and intelligence; and Whereas he has earned the respect and es- on January 9, 2003, at 2:30 pm on phase- Merrill Lynch International Advisory teem of the United States Senate: Now, out of single hull tankers in SR–253. Council. therefore, be it The PRESIDING OFFICER. Without He then returned to public service, Resolved, That the Senate of the United objection, it is so ordered. this time at the White House, as Dep- States commends Dr. Dan L. Crippen for his

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S176 CONGRESSIONAL RECORD — SENATE January 9, 2003 dedicated, faithful, and outstanding service Bunning, for introducing this resolu- leadership under the direction of its head to his country and to the Senate. tion congratulating the Western Ken- coach Jack Harbaugh, athletic director Dr. f tucky University Hilltoppers on cap- Wood Selig, and president Dr. Gary A. turing the National Collegiate Ath- Ransdell; and HONORING THE HILLTOPPERS OF Whereas on December 20, 2002, the 15th letics Association’s NCAA Division I– WESTERN KENTUCKY UNIVERSITY ranked Western Kentucky University AA championship, and I would urge the Hilltoppers faced the number 1 ranked Mr. MCCONNELL. Mr. President, I Senate to adopt it. McNeese State University Cowboys for the ask unanimous consent that the Sen- Mr. President, the story of Western 2002 NCAA Division I–AA Football Cham- ate now proceed to the immediate con- Kentucky University’s 2002 football pionship in Chattanooga, Tennessee, and sideration of S. Res. 16 submitted ear- season is one of perseverance and de- came away victorious by a score of 34 to 14: lier by Senator BUNNING and myself. termination in the face of long odds. Now, therefore, be it The PRESIDING OFFICER. The After a disappointing start, in which Resolved, That the Senate honors the West- ern Kentucky University football team from clerk will report the resolution by Western Kentucky dropped three of its title. Bowling Green, Kentucky, for winning the first five games, Coach Jack Harbaugh 2002 NCAA Division I–AA Football Cham- The assistant legislative clerk read rallied the Hilltoppers to victories in pionship. as follows: their last six regular season games. f A resolution (S. Res. 16) honoring the This late-season charge helped Western Hilltoppers of Western Kentucky University Kentucky secure one of the final spots EXTENDING THE NATIONAL FLOOD from Bowling Green, Kentucky, for winning in the Division I–AA playoffs. Once in INSURANCE PROGRAM the 2002 National Collegiate Athletic Asso- the NCAA tournament, Western was Mr. MCCONNELL. Mr. President, I ciation Division I–AA Football Champion- faced with a daunting path to the ship. ask unanimous consent that the Sen- championship which required them to ate proceed to the immediate consider- There being no objection, the Senate defeat each of the top three ranked ation of H.R. 11, which is being held at proceeded to consider the resolution. teams on consecutive weekends. How- the desk. Mr. BUNNING. Mr. President, I rise ever, Western Kentucky rose to the The PRESIDING OFFICER. The today to honor and congratulate the challenge and even exacted a measure clerk will report the bill by title. players and coaches of the Western of revenge by defeating Western Illi- The assistant legislative clerk read Kentucky University Hilltopper foot- nois and McNeese State, two of the as follows: ball team on winning the 2002 NCAA teams that had previously defeated the A bill (H.R. 11) to extend the national flood Division I–AA National Championship. Hilltoppers during the regular season. insurance program. When people take a look back at With its 34 to 14 victory over McNeese There being no objection, the Senate Western’s championship season, they State on December 20, 2002, Western proceeded to consider the bill. will certainly wonder how in the world Kentucky University captured the first Mr. MCCONNELL. Mr. President, I a team which lost three of its first five NCAA football championship in the ask unanimous consent that the bill be games wound up winning the national program’s proud eighty-nine year his- read a third time, passed, and the mo- title? The answer lies in the hearts and tory. tion to reconsider be laid upon the minds of every single member of West- I want to congratulate the Hilltopper table, and that any statements relating ern Kentucky’s team, from the coaches football team, head Coach Jack to the bill be printed in the RECORD. to freshmen walk-ons. Not only did Harbaugh, Athletic Director Dr. Wood The PRESIDING OFFICER. Without this team refuse to give up, they made Selig, and President Gary Ransdell on objection, it is so ordered. it their mission to work harder on and capturing the 2002 Division I–AA na- The bill (H.R. 11) was read a third off the field to achieve their dreams tional championship and thank them time and passed. and goals. Head Coach Jack Harbaugh for the outstanding manner in which f deserves special recognition for his they represented Western Kentucky ability to right Western’s ship before it University and the Commonwealth of MEASURE READ THE FIRST veered too far off course. Kentucky. TIME—H.J. RES. 2 Having to go on a six game win Mr. President, I ask unanimous con- Mr. MCCONNELL. Mr. President, I streak simply to reach the post-season, sent that the resolution be agreed to, understand that H.J. Res. 2 is at the Western entered the Division I–AA the preamble be agreed to, the motion desk. I ask for its first reading. playoffs as a longshot. To even reach to reconsider be laid upon the table, The PRESIDING OFFICER. The the championship game, Western had and that any statements related there- clerk will report the joint resolution to beat the number two and three rated to be printed in the RECORD. by title. teams in the nation. Once in the title The PRESIDING OFFICER. Without The assistant legislative clerk read game, Western was simply too strong objection, it is so ordered. as follows: to be stopped. They beat the number The resolution (S. Res. 16) was agreed A joint resolution (H.J. Res. 2) making fur- one rated McNeese State Cowboys by a to. ther continuing appropriations for the fiscal score of 34–14, exacting revenge on the The preamble was agreed to. year 2003, and for other purposes. team which had beat them early in the The resolution, with its preamble, Mr. MCCONNELL. Mr. President, I season. Quarterback Jason Michael reads as follows: ask for its second reading and object to threw for a career-high 185 yards and S. RES. 16 my own request. running back Jon Frazier added 159 Whereas on December 20, 2002, the Western The PRESIDING OFFICER. Objec- yards on the ground in the national Kentucky University Hilltoppers from Bowl- tion is heard. title match. This was Western Ken- ing Green, Kentucky, won the 2002 NCAA Di- The bill will be read for the second vision I–AA Collegiate Football Champion- tucky University’s first NCAA football time on the next legislative day. championship. ship; f Mr. President, I ask that my fellow Whereas this championship is Western Kentucky University’s first NCAA Football MEASURE READ THE FIRST colleagues join me in congratulating Championship since its football program the Hilltopper football players, Head began in 1913; TIME—H.R. 16 Coach Jack Harbaugh, Athletic Direc- Whereas the Hilltoppers had an impressive Mr. MCCONNELL. Mr. President, I tor Dr. Wood Selig and Dr. Gary and overall record of 12 wins and 3 losses, in- understand that H.R. 16 is at the desk. Ransdell on winning the 2002 Division cluding 10 consecutive wins and winning the I ask for its first reading. I–AA National Championship. This win championship game; The PRESIDING OFFICER. The reflects very highly on Western Ken- Whereas the Hilltoppers showed tremen- clerk will report the bill by title. tucky University and the entire Com- dous dedication to each other, appreciation to their fans, sportsmanship to their oppo- The assistant legislative clerk read monwealth of Kentucky. Who said Ken- nents, and respect for the game of football as follows: tucky wasn’t a football State? throughout their 2002 season; A bill (H.R. 16) to authorize salary adjust- Mr. MCCONNELL. Mr. President, I Whereas Western Kentucky University was ments for Justices and judges of the United would like to thank my colleague, Mr. represented with integrity and principled States for fiscal year 2003.

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0637 Sfmt 0634 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2003 CONGRESSIONAL RECORD — SENATE S177 Mr. MCCONNELL. Mr. President, I for a limitation on such fishing neces- Senator DASCHLE and I pledge our ask for its second reading and object to sitated by changing circumstances. support to do that and I hope we can do my own request. The U.S. fishing and processing in- that in the months to come. The PRESIDING OFFICER. Objec- dustries strongly support the amend- The PRESIDING OFFICER. The mation is heard. ment to the Treaty. The amendment jority whip is recognized. The bill will be read for the second not only allows the Parties to redress Mr. MCCONNELL. Mr. President, I, time on the next legislative day. the imbalance of benefits received by too, look forward to working with Sen- f U.S. fishers that has developed in the ator REID. I have known him for many operation of the Treaty, but also pre- years and have admired his great work. PROVIDING FOR ADJOURNMENT serves U.S. interests under the Treaty, I am confident that we will get along OR RECESS OF THE TWO HOUSES including the interest of U.S. fishers to well and advance the business of the Mr. MCCONNELL. Mr. President, I fish in Canadian waters at times when people to the maximum extent pos- ask unanimous consent that the Sen- the albacore stock moves northward, sible, and whatever partisan differences ate proceed to the immediate consider- the interest of U.S. processors to con- develop along the way, I know neither ation of H. Con. Res. 8 which is at the tinue to receive Canadian catches for of us will take that personally. As we desk; further, that the resolution be processing, and the U.S. interest in know, the most important vote is al- agreed to and the motion to reconsider being able to conserve and manage the ways the next one. So I look forward to be laid upon the table. stock. continuing our good relationship. We The PRESIDING OFFICER. Without The recommended legislation nec- will be spending a lot of time together objection, it is so ordered. essary to implement the Agreement in this Chamber. The concurrent resolution (H. Con. will be submitted separately to the f Res. 8) was agreed to. Congress. I recommend that the Senate give fa- PROGRAM f vorable consideration to this Agree- Mr. MCCONNELL. Mr. President, the REMOVAL OF INJUNCTION OF SE- ment and give its advice and consent to Senate will be in session tomorrow. It CRECY—TREATY DOCUMENT NO. ratification at an early date. is the leader’s hope that we will be able 108–1 GEORGE W. BUSH. to pass the respective party committee THE WHITE HOUSE, January 9, 2003. Mr. MCCONNELL. Mr. President, as resolutions. As he mentioned previously, it is important that we get in executive session, I ask unanimous f consent that the injunction of secrecy that done so that the committees can be removed from the following treaty ORDERS FOR FRIDAY, JANUARY begin their work. Therefore, rollcall transmitted to the Senate on January 10, 2003 votes are possible during Friday’s session. Normally, these routine com- 9, 2003 by the President of the United Mr. MCCONNELL. Mr. President, I mittee resolutions are agreed to by States: Agreement Amending Treaty ask unanimous consent that when the consent. I hope that will be the case in with Canada Concerning Pacific Coast Senate completes its business today, it this instance. Having said that, until Albacore Tuna Vessels and Port Privi- stand in adjournment until 9:30 a.m., this is resolved, Members should expect leges (Treaty Document No. 108–1). Friday, January 10; that following the votes. I further ask unanimous consent that prayer and pledge, the morning hour be the treaty be considered as having been deemed expired, the Journal of pro- f read the first time, that it be referred ceedings be approved to date, the time ADJOURNMENT UNTIL 9:30 A.M. with accompanying papers to the Com- for the two leaders be reserved for their TOMORROW mittee on Foreign Relations and or- use later in the day, and that there Mr. MCCONNELL. Mr. President, if dered to be printed, and that the Presi- then be a period of morning business there is no further business to come be- dent’s message be printed in the until noon with the time equally di- fore the Senate, I ask unanimous con- RECORD. vided, and that Senators be permitted sent that the Senate stand in adjourn- The PRESIDING OFFICER. Without to speak for up to 10 minutes each. ment under the previous order. objection, it is so ordered. Mr. REID. Mr. President, reserving There being no objection, the Senate, The message of the President is as the right to object, I would like to at 7:30 p.m., adjourned until Friday, follows: spread on the record the fact that I January 10, 2003, at 9:30 a.m. To the Senate of the United States: want to congratulate the majority With a view to receiving the advice whip, Senator MCCONNELL, for his ele- f and consent of the Senate to ratifica- vation to this job. I look forward to NOMINATIONS tion, I transmit herewith the Agree- working with him. We have worked to- Executive nominations received by ment Amending the Treaty Between gether on a number of issues over the the Senate January 9, 2003: the Government of the United States of years, and I have found him to be a America and the Government of Can- gentleman and a good legislator. There DEPARTMENT OF EDUCATION ada on Pacific Coast Albacore Tuna is so much we have to do this year in GERALD REYNOLDS, OF MISSOURI, TO BE ASSISTANT SECRETARY FOR CIVIL RIGHTS, DEPARTMENT OF EDUC- Vessels and Port Privileges done at this Congress. A lot that happens will TION, VICE NORMA V. CANTU, RESIGNED. Washington May 26, 1981 (the ‘‘Trea- depend on how he and I manage the NATIONAL SCIENCE FOUNDATION ty’’), effected by an exchange of diplo- floor. I am very happy he is going to be STEVEN C. BEERING, OF INDIANA, TO BE A MEMBER OF matic notes at Washington on July 17, spending a lot of time on the floor. I THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE 2002, and August 13, 2002 (the ‘‘Agree- look forward to working with him. FOUNDATION, FOR THE REMAINDER OF THE TERM EX- PIRING MAY 10, 2004, VICE CHANG-LIN TIEN, RESIGNED. ment’’). I am also enclosing, for the in- With his advocacy and the work that I BARRY C. BARISH, OF CALIFORNIA, TO BE A MEMBER formation of the Senate, the report of hope I will be able to do, we should be OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, 2008, VICE the Secretary of State on the Agree- able to move the legislation along, EAMON M. KELLY, TERM EXPIRED. ment and a related agreement, effected maybe better than it has in the past. RAY M. BOWEN, OF TEXAS, TO BE A MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE FOUN- by an exchange of notes at Washington So I look forward to working with Sen- DATION, FOR A TERM EXPIRING MAY 10, 2008, VICE VERA on August 21, 2002, and September 10, ator MCCONNELL. He was in a meeting C. RUBIN, TERM EXPIRED. DELORES M. ETTER, OF MARYLAND, TO BE A MEMBER 2002, amending the Annexes to the that I attended yesterday with the OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE Treaty; this related agreement was President, and it was clear that we FOUNDATION, FOR A TERM EXPIRING MAY 10, 2008, VICE JOHN A. ARMSTRONG, TERM EXPIRED. concluded pursuant to Article VII of have so much to do for the good of the KENNETH M. FORD, OF FLORIDA, TO BE A MEMBER OF the Treaty. country. I hope we can set aside par- THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, 2008, VICE The Treaty currently permits unlim- tisan differences most of the time and M.R.C. GREENWOOD, TERM EXPIRED. ited fishing for albacore tuna by ves- look forward to accomplishing what DANIEL E. HASTINGS, OF MASSACHUSETTS, TO BE A MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL sels of each Party in waters under the the people in this country—those from SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, jurisdiction of the other Party. The Kentucky, Nevada, and Georgia—really 2008, VICE BOB H. SUZUKI, TERM EXPIRED. ELIZABETH HOFFMAN, OF COLORADO, TO BE A MEM- Agreement amends the Treaty to allow need. BER OF THE NATIONAL SCIENCE BOARD, NATIONAL

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SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, CORPORATION FOR A TERM EXPIRING JULY 13, 2004, VICE UNITED STATES POSTAL SERVICE 2008, VICE STANLEY VINCENT JASKOLSKI, TERM EX- EDNA FAIRBANKS-WILLIAMS, TERM EXPIRED. PIRED. FRANK B. STRICKLAND, OF GEORGIA, TO BE A MEMBER ALBERT CASEY, OF TEXAS, TO BE A GOVERNOR OF THE DOUGLAS D. RANDALL, OF MISSOURI, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES UNITED STATES POSTAL SERVICE FOR A TERM EXPIR- OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE CORPORATION FOR A TERM EXPIRING JULY 13, 2004, VICE ING DECEMBER 8, 2009, VICE TIRSO DEL JUNCO, TERM EX- FOUNDATION, FOR A TERM EXPIRING MAY 10, 2008, VICE JOHN N. ERLENBORN, TERM EXPIRED. PIRED. RICHARD A. TAPIA, TERM EXPIRED. MICHAEL MCKAY, OF WASHINGTON, TO BE A MEMBER JAMES C. MILLER III, OF VIRGINIA, TO BE A GOVERNOR JO ANNE VASQUEZ, OF ARIZONA, TO BE A MEMBER OF OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES OF THE UNITED STATES POSTAL SERVICE FOR A TERM THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE CORPORATION FOR A TERM EXPIRING JULY 13, 2004, VICE EXPIRING DECEMBER 8, 2010, VICE EINAR V. DYHRKOPP, FOUNDATION, FOR A TERM EXPIRING MAY 10, 2008, VICE NANCY HARDIN ROGERS, TERM EXPIRED. TERM EXPIRED. MARY K. GAILLARD, TERM EXPIRED. LILLIAN R. BEVIER, OF VIRGINIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES FEDERAL RETIREMENT THRIFT INVESTMENT NATIONAL FOUNDATION ON THE ARTS AND THE CORPORATION FOR A TERM EXPIRING JULY 13, 2004, VICE BOARD HUMANITIES HULETT HALL ASKEW, TERM EXPIRED. ROBERT J. DIETER, OF COLORADO, TO BE A MEMBER OF TERRENCE A. DUFFY, OF ILLINOIS, TO BE A MEMBER JEWEL SPEARS BROOKER, OF FLORIDA, TO BE A MEM- THE BOARD OF DIRECTORS OF THE LEGAL SERVICES OF THE FEDERAL RETIREMENT THRIFT INVESTMENT BER OF THE NATIONAL COUNCIL ON THE HUMANITIES CORPORATION FOR A TERM EXPIRING JULY 13, 2005, VICE BOARD FOR A TERM EXPIRING OCTOBER 11, 2003, VICE FOR A TERM EXPIRING JANUARY 26, 2008, VICE PEGGY F. WILLIAM MCCALPIN, TERM EXPIRED. SCOTT B. LUKINS, TERM EXPIRED. WHITMAN PRENSHAW, TERM EXPIRED. THOMAS A. FUENTES, OF CALIFORNIA, TO BE A MEM- TERRENCE A. DUFFY, OF ILLINOIS, TO BE A MEMBER CELESTE COLGAN, OF TEXAS, TO BE A MEMBER OF THE BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- OF THE FEDERAL RETIREMENT THRIFT INVESTMENT NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM ICES CORPORATION FOR A TERM EXPIRING JULY 13, 2005, BOARD FOR A TERM EXPIRING OCTOBER 11, 2007. (RE- EXPIRING JANUARY 26, 2008, VICE JON N. MOLINE, TERM VICE THOMAS F. SMEGAL, JR., TERM EXPIRED. APPOINTMENT) EXPIRED. DARIO FERNANDEZ-MORERA, OF ILLINOIS, TO BE A FEDERAL MINE SAFETY AND HEALTH REVIEW MERIT SYSTEMS PROTECTION BOARD MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- COMMISSION SUSANNE T. MARSHALL, OF VIRGINIA, TO BE CHAIR- ITIES FOR A TERM EXPIRING JANUARY 26, 2008, VICE MAN OF THE MERIT SYSTEMS PROTECTION BOARD, VICE SUSAN E. TREES, TERM EXPIRED. STANLEY C. SUBOLESKI, OF VIRGINIA, TO BE A MEM- BETH SUSAN SLAVET. ELIZABETH FOX-GENOVESE, OF GEORGIA, TO BE A BER OF THE FEDERAL MINE SAFETY AND HEALTH RE- NEIL MCPHIE, OF VIRGINIA, TO BE A MEMBER OF THE MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- VIEW COMMISSION FOR A TERM OF SIX YEARS EXPIRING MERIT SYSTEMS PROTECTION BOARD FOR THE TERM OF ITIES FOR A TERM EXPIRING JANUARY 26, 2008, VICE LOR- AUGUST 30, 2006, VICE MARC LINCOLN MARKS, TERM EX- SEVEN YEARS EXPIRING MARCH 1, 2009, VICE BETH RAINE WEISS FRANK, TERM EXPIRED. PIRED. SUSAN SLAVET, TERM EXPIRED. DAVID HERTZ, OF INDIANA, TO BE A MEMBER OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM FEDERAL LABOR RELATIONS AUTHORITY EXPIRING JANUARY 26, 2006, VICE HENRY GLASSIE. COMMISSION PETER EIDE, OF MARYLAND, TO BE GENERAL COUNSEL STEPHEN MC KNIGHT, OF FLORIDA, TO BE A MEMBER W. SCOTT RAILTON, OF VIRGINIA, TO BE A MEMBER OF OF THE FEDERAL LABOR RELATIONS AUTHORITY FOR A OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COM- TERM OF FIVE YEARS, VICE JOSEPH SWERDZENWSKI, TERM EXPIRING JANUARY 26, 2006, VICE ISABEL CARTER MISSION FOR A TERM EXPIRING APRIL 27, 2007, VICE RESIGNED. STEWART. GARY L. VISSCHER, TERM EXPIRED. DALE CABANISS, OF VIRGINIA, TO BE A MEMBER OF SIDNEY MC PHEE, OF TENNESSEE, TO BE A MEMBER OF THE FEDERAL LABOR RELATIONS AUTHORITY FOR A THE NATIONAL COUNCIL ON THE HUMANITIES FOR A EQUAL EMPLOYMENT OPPORTUNITY COMMISSION TERM OF FIVE YEARS EXPIRING JULY 29, 2007. (RE- TERM EXPIRING JANUARY 26, 2008, VICE MARGARET P. APPOINTMENT) DUCKETT, TERM EXPIRED. NAOMI CHURCHILL EARP, OF VIRGINIA, TO BE A MEM- LAWRENCE OKAMURA, OF MISSOURI, TO BE A MEMBER BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- EXECUTIVE OFFICE OF THE PRESIDENT OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A MISSION FOR A TERM EXPIRING JULY 1, 2005, VICE REGI- TERM EXPIRING JANUARY 26, 2008, VICE DORIS B. NALD EARL JONES, TERM EXPIRED. LINDA M. SPRINGER, OF PENNSYLVANIA, TO BE CON- HOLLEB, TERM EXPIRED. NATIONAL FOUNDATION ON THE ARTS AND THE TROLLER, OFFICE OF FEDERAL FINANCIAL MANAGE- STEPHAN THERNSTROM, OF MASSACHUSETTS, TO BE A MENT, OFFICE OF MANAGER AND BUDGET, VICE MARK W. HUMANITIES MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- EVERSON. ITIES FOR A TERM EXPIRING JANUARY 26, 2008, VICE AR- DANA GIOIA, OF CALIFORNIA, TO BE CHAIRPERSON OF SECURITIES INVESTOR PROTECTION THUR I. BLAUSTEIN, TERM EXPIRED. THE NATIONAL ENDOWMENT FOR THE ARTS FOR A TERM MARGUERITE SULLIVAN, OF THE DISTRICT OF COLUM- OF FOUR YEARS, VICE MICHAEL HAMMOND. CORPORATION BIA, TO BE A MEMBER OF THE NATIONAL COUNCIL ON NOE HINOJOSA, JR., OF TEXAS, TO BE A DIRECTOR OF THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, DEPARTMENT OF STATE THE SECURITIES INVESTOR PROTECTION CORPORATION 2008, VICE SUSAN FORD WILTSHIRE, TERM EXPIRED. MICHAEL B. ENZI, OF WYOMING, TO BE A REPRESENTA- FOR A TERM EXPIRING DECEMBER 31, 2003, VICE HARRY ROBINSON, JR., OF TEXAS, TO BE A MEMBER OF TIVE OF THE UNITED STATES OF AMERICA TO THE MARIANNE C. SPRAGGINS, TERM EXPIRED. THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM FIFTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY THOMAS WATERS GRANT, OF NEW YORK, TO BE A DI- EXPIRING DECEMBER 6, 2003, VICE ALBERTA SEBOLT OF THE UNITED NATIONS. RECTOR OF THE SECURITIES INVESTOR PROTECTION GEORGE, TERM EXPIRED. PAUL SARBANES, OF MARYLAND, TO BE A REPRESENT- CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2005, ELIZABETH J. PRUET, OF ARKANSAS, TO BE A MEMBER ATIVE OF THE UNITED STATES OF AMERICA TO THE VICE CHARLES L. MARINACCIO, TERM EXPIRED. OF THE NATIONAL MUSEUM SERVICES BOARD FOR A FIFTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY NOE HINOJOSA, JR., OF TEXAS, TO BE A DIRECTOR OF TERM EXPIRING DECEMBER 6, 2004, VICE DAVID A. UCKO, OF THE UNITED NATIONS. THE SECURITIES INVESTOR PROTECTION CORPORATION TERM EXPIRED. JAMES SHINN, OF NEW JERSEY, TO BE A REPRESENTA- FOR A TERM EXPIRING DECEMBER 31, 2006. (REAPPOINT- TERRY L. MAPLE, OF GEORGIA, TO BE A MEMBER OF TIVE OF THE UNITED STATES OF AMERICA TO THE MENT) THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM FIFTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY WILLIAM ROBERT TIMKEN, JR., OF OHIO, TO BE A DI- EXPIRING DECEMBER 6, 2005, VICE TOWNSEND WOLFE, OF THE UNITED NATIONS. RECTOR OF THE SECURITIES INVESTOR PROTECTION TERM EXPIRED. CYNTHIA COSTA, OF SOUTH CAROLINA, TO BE AN AL- CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2003, EDWIN JOSEPH RIGAUD, OF OHIO, TO BE A MEMBER OF TERNATE REPRESENTATIVE OF THE UNITED STATES OF VICE JAMES CLIFFORD HUDSON, TERM EXPIRED. THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM AMERICA TO THE FIFTY-SEVENTH SESSION OF THE GEN- WILLIAM ROBERT TIMKEN, JR., OF OHIO, TO BE A DI- EXPIRING DECEMBER 6, 2007, VICE ARTHUR ROSENBLATT, ERAL ASSEMBLY OF THE UNITED NATIONS. RECTOR OF THE SECURITIES INVESTOR PROTECTION TERM EXPIRED. RALPH MARTINEZ, OF FLORIDA, TO BE AN ALTERNATE CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2006. HARRY S TRUMAN SCHOLARSHIP FOUNDATION REPRESENTATIVE OF THE UNITED STATES OF AMERICA (REAPPOINTMENT) TO THE FIFTY-SEVENTH SESSION OF THE GENERAL AS- JUANITA ALICIA VASQUEZ-GARDNER, OF TEXAS, TO BE SEMBLY OF THE UNITED NATIONS. NATIONAL CONSUMER COOPERATIVE BANK A MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY GRANT S. GREEN, JR., OF VIRGINIA, TO BE DEPUTY ALFRED PLAMANN, OF CALIFORNIA, TO BE A MEMBER S TRUMAN SCHOLARSHIP FOUNDATION FOR A TERM EX- SECRETARY OF STATE FOR MANAGEMENT AND RE- OF THE BOARD OF DIRECTORS OF THE NATIONAL CON- PIRING DECEMBER 10, 2003, VICE STEVEN L. ZINTER, SOURCES. (NEW POSITION) SUMER COOPERATIVE BANK FOR A TERM OF THREE TERM EXPIRED. YEARS, VICE HARRY J. BOWIE, TERM EXPIRED. WILLIAM PRESTON GRAVES, OF KANSAS, TO BE A MEM- AFRICAN DEVELOPMENT FOUNDATION BER OF THE BOARD OF TRUSTEES OF THE HARRY S TRU- WALTER H. KANSTEINER, ASSISTANT SECRETARY OF UNITED STATES INTERNATIONAL TRADE MAN SCHOLARSHIP FOUNDATION FOR THE REMAINDER STATE (AFRICAN AFFAIRS), TO BE A MEMBER OF THE COMMISSION OF THE TERM EXPIRING DECEMBER 10, 2005, VICE MEL BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT CARNAHAN. FOUNDATION FOR A TERM EXPIRING SEPTEMBER 27, 2003, CHARLOTTE A. LANE, OF WEST VIRGINIA, TO BE A PATRICK LLOYD MC CRORY, OF NORTH CAROLINA, TO VICE GEORGE EDWARD MOOSE, TERM EXPIRED. MEMBER OF THE UNITED STATES INTERNATIONAL BE A MEMBER OF THE BOARD OF TRUSTEES OF THE CLAUDE A. ALLEN, DEPUTY SECRETARY OF HEALTH TRADE COMMISSION FOR A TERM EXPIRING DECEMBER HARRY S TRUMAN SCHOLARSHIP FOUNDATION FOR A AND HUMAN SERVICES, TO BE A MEMBER OF THE BOARD 16, 2009, VICE DENNIS M. DEVANEY. TERM EXPIRING DECEMBER 10, 2005, VICE RICHARD C. OF DIRECTORS OF THE AFRICAN DEVELOPMENT FOUN- DANIEL PEARSON, OF MINNESOTA, TO BE A MEMBER HACKETT, TERM EXPIRED. DATION FOR A TERM EXPIRING SEPTEMBER 22, 2003, VICE OF THE UNITED STATES INTERNATIONAL TRADE COM- JOHN F. HICKS, TERM EXPIRED. MISSION FOR THE TERM EXPIRING DECEMBER 16, 2011, NATIONAL INSTITUTE FOR LITERACY VICE LYNN M. BRAGG, TERM EXPIRED. INTER-AMERICAN FOUNDATION PHYLLIS C. HUNTER, OF TEXAS, TO BE A MEMBER OF DEPARTMENT OF THE TREASURY THE NATIONAL INSTITUTE FOR LITERACY ADVISORY JOSE A. FOURQUET, OF NEW JERSEY, TO BE A MEMBER BOARD FOR A TERM OF TWO YEARS. (NEW POSITION) OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN RAYMOND T. WAGNER, JR., OF MISSOURI, TO BE A MEM- DOUGLAS CARNINE, OF OREGON, TO BE A MEMBER OF FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2004, BER OF THE INTERNAL REVENUE SERVICE OVERSIGHT THE NATIONAL INSTITUTE FOR LITERACY ADVISORY VICE MARK L. SCHNEIDER, TERM EXPIRED. BOARD FOR THE REMAINDER OF THE TERM EXPIRING BOARD FOR A TERM OF THREE YEARS. (NEW POSITION) ROGER FRANCISCO NORIEGA, OF KANSAS, TO BE A SEPTEMBER 14, 2004, VICE GEORGE L. FARR. BLANCA E. ENRIQUEZ, OF TEXAS, TO BE A MEMBER OF MEMBER OF THE BOARD OF DIRECTORS OF THE INTER- MORRIS K. UDALL SCHOLARSHIP AND EXCEL- THE NATIONAL INSTITUTE FOR LITERACY ADVISORY AMERICAN FOUNDATION FOR A TERM EXPIRING SEP- BOARD FOR A TERM OF THREE YEARS. (NEW POSITION) TEMBER 20, 2006, VICE HARRIET C. BABBIT, TERM EX- LENCE IN NATIONAL ENVIRONMENTAL POLICY CORPORATION FOR NATIONAL AND COMMUNITY PIRED. FOUNDATION ADOLFO A. FRANCO, OF VIRGINIA, TO BE A MEMBER OF SERVICE THE BOARD OF DIRECTORS OF THE INTER-AMERICAN HERBERT GUENTHER, OF ARIZONA, TO BE A MEMBER FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2008, OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL WILLIAM A. SCHAMBRA, OF VIRGINIA, TO BE A MEMBER VICE JEFFREY DAVIDOW, RESIGNED. SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- OF THE BOARD OF DIRECTORS OF THE CORPORATION MENTAL POLICY FOUNDATION FOR A TERM TWO YEARS. FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM INTERNATIONAL JOINT COMMISSION, UNITED (NEW POSITION) EXPIRING SEPTEMBER 14, 2006, VICE CAROL W. KINSLEY, STATES AND CANADA BRADLEY UDALL, OF COLORADO, TO BE A MEMBER OF TERM EXPIRED. THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL DONNA N. WILLIAMS, OF TEXAS, TO BE A MEMBER OF DENNIS L. SCHORNACK, OF MICHIGAN, TO BE COMMIS- SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- THE BOARD OF DIRECTORS OF THE CORPORATION FOR SIONER ON THE PART OF THE UNITED STATES ON THE MENTAL POLICY FOUNDATION FOR A TERM EXPIRING NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- INTERNATIONAL JOINT COMMISSION, UNITED STATES OCTOBER 6, 2006, VICE MATT JAMES, TERM EXPIRED. PIRING OCTOBER 6, 2006, VICE ROBERT B. ROGERS, TERM AND CANADA, VICE THOMAS L. BALDINI. MALCOLM B. BOWEKATY, OF NEW MEXICO, TO BE A EXPIRED. EXECUTIVE OFFICE OF THE PRESIDENT MEMBER OF THE BOARD OF TRUSTEES OF THE MORRIS LEGAL SERVICES CORPORATION K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL FELICIANO FOYO, OF FLORIDA, TO BE A MEMBER OF ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- FLORENTINO SUBIA, OF TEXAS, TO BE A MEMBER OF THE ADVISORY BOARD FOR CUBA BROADCASTING FOR A PIRING OCTOBER 6, 2006, VICE BILL ANOATUBBY, TERM THE BOARD OF DIRECTORS OF THE LEGAL SERVICES TERM EXPIRING AUGUST 12, 2004, VICE JORGE L. MAS. EXPIRED.

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RICHARD NARCIA, OF ARIZONA, TO BE A MEMBER OF FEDERAL ELECTION COMMISSION To be brigadier general THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- ELLEN L. WEINTRAUB, OF MARYLAND, TO BE A MEM- COL. JOHN R. ALLEN, 0000 MENTAL POLICY FOUNDATION FOR A TERM EXPIRING BER OF THE FEDERAL ELECTION COMMISION FOR TERM COL. JOHN R. CONANT, 0000 AUGUST 25, 2006, VICE NORMA GILBERT UDALL, TERM EX- A EXPIRING APRIL 30, 2007, VICE KARL J. SANDSTROM, COL. JOSEPH V. MEDINA, 0000 PIRED. TERM EXPIRED, TO WHICH POSITION SHE WAS AP- COL. ROBERT E. SCHMIDLE JR., 0000 ROBERT BOLDREY, OF MICHIGAN, TO BE A MEMBER OF POINTED DURING THE LAST RECESS OF THE SENATE. COL. THOMAS D. WALDHAUSER, 0000 THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL MICHAEL E. TONER, OF THE DISTRICT OF COLUMBIA, SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- TO BE A MEMBER OF THE FEDERAL ELECTION COMMIS- IN THE AIR FORCE SION FOR A TERM EXPIRING APRIL 30, 2007, VICE DARRYL MENTAL POLICY FOUNDATION FOR A TERM EXPIRING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT R. WOLD, TERM EXPIRED. MAY 26, 2007, VICE JUDITH M. ESPINOSA, TERM EXPIRED. TO THE GRADE INDICATED IN THE RESERVE OF THE AIR MISSISSIPPI RIVER COMMISSION VETERANS AFFAIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203: RICKY DALE JAMES, OF MISSOURI, TO BE A MEMBER JOHN W. NICHOLSON, OF VIRGINIA, TO BE UNDER SEC- To be colonel OF THE MISSISSIPPI RIVER COMMISSION FOR A TERM OF RETARY OF VETERANS AFFAIRS FOR MEMORIAL AF- ANTHONY E. MUSELLA JR., 0000 NINE YEARS. (REAPPOINTMENT) FAIRS, VICE ROBIN L. HIGGINS, RESIGNED. DEPARTMENT OF JUSTICE DEPARTMENT OF ENERGY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE AIR HARLON EUGENE COSTNER, OF NORTH CAROLINA, TO JOSEPH TIMOTHY KELLIHER, OF THE DISTRICT OF CO- FORCE UNDER TITLE 10, U.S.C., SECTION 12203: BE UNITED STATES MARSHAL FOR THE MIDDLE DIS- LUMBIA, TO BE A MEMBER OF THE FEDERAL ENERGY TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR REGULATORY COMMISSION FOR THE TERM EXPIRING To be colonel JUNE 30, 2007, VICE LINDA KEY BREATHITT, TERM EX- YEARS, VICE BECKY JANE WALLACE. STEVEN B. WALLIS, 0000 MARK MOKI HANOHANO, OF HAWAII, TO BE UNITED PIRED. STATES MARSHAL FOR THE DISTRICT OF HAWAII FOR SMALL BUSINESS ADMINISTRATION THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE TERM OF FOUR YEARS, VICE HOWARD HIKARU TO THE GRADE INDICATED IN THE RESERVE OF THE AIR TAGOMORI. HAROLD DAMELIN, OF VIRGINIA, TO BE INSPECTOR FORCE UNDER TITLE 10, U.S.C., SECTION 12203: THOMAS DYSON HURLBURT, JR., OF FLORIDA, TO BE GENERAL, SMALL BUSINESS ADMINISTRATION, VICE UNITED STATES MARSHAL FOR THE MIDDLE DISTRICT PHYLLIS K. FONG. To be colonel OF FLORIDA FOR THE TERM OF FOUR YEARS, VICE DON IN THE AIR FORCE SARA M. DEVINE, 0000 R. MORELAND, TERM EXPIRED. DENNIS J. FASBINDER, 0000 CHRISTINA PHARO, OF FLORIDA, TO BE UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RODNEY D. PHOENIX, 0000 MARSHAL FOR THE SOUTHERN DISTRICT OF FLORIDA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MICHAEL H. QUINN, 0000 FOR THE TERM OF FOUR YEARS, VICE JAMES A. CATED UNDER TITLE 10, U.S.C., SECTION 624: TASSONE. To be brigadier general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DENNIS ARTHUR WILLIAMSON, OF FLORIDA, TO BE TO THE GRADE INDICATED IN THE RESERVE OF THE AIR UNITED STATES MARSHAL FOR THE NORTHERN DIS- COL. JARISSE J. SANBORN, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: TRICT OF FLORIDA FOR THE TERM OF FOUR YEARS, VICE JAMES W. LOCKLEY, TERM EXPIRED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RICHARD ZENOS WINGET, OF NEVADA, TO BE UNITED JAMES F. BARBER, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: STATES MARSHAL FOR THE DISTRICT OF NEVADA FOR THOMAS A. SCHENK, 0000 THE TERM OF FOUR YEARS, VICE JOSE GERARDO To be brigadier general JACK K. SEWELL JR., 0000 TRONCOSO. DONALD G. SMITH, 0000 HUMBERTO S. GARCIA, OF PUERTO RICO, TO BE UNITED COL. WILLIAM J. GERMANN, 0000 STATES ATTORNEY FOR THE DISTRICT OF PUERTO RICO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FOR THE TERM OF FOUR YEARS, VICE DANIEL F. LOPEZ THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TO THE GRADE INDICATED IN THE RESERVE OF THE AIR ROMO, RESIGNED. STATES OFFICER FOR APPOINTMENT IN THE RESERVE FORCE UNDER TITLE 10, U.S.C., SECTION 12203: OF THE AIR FORCE TO THE GRADE INDICATED UNDER EDWARD F. REILLY, OF KANSAS, TO BE A COMMIS- TITLE 10, U.S.C., SECTION 12203: SIONER OF THE UNITED STATES PAROLE COMMISSION To be colonel FOR A TERM OF SIX YEARS. (REAPPOINTMENT) To be major general JOSEPH M. KOROLUK, 0000 CRANSTON J. MITCHELL, OF MISSOURI, TO BE A COM- RICKY J. THOMPSON, 0000 MISSIONER OF THE UNITED STATES PAROLE COMMIS- BRIG. GEN. WILLIAM J. LUTZ, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SION FOR A TERM OF SIX YEARS, VICE TIMOTHY EARL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE AIR JONES, SR. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- FORCE UNDER TITLE 10, U.S.C., SECTION 12203: DAVID B. RIVKIN, JR., OF VIRGINIA, TO BE A MEMBER CATED UNDER TITLE 10, U.S.C., SECTION 624: OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES FOR THE TERM EXPIRING SEP- To be brigadier general To be colonel TEMBER 30, 2004, VICE LARAMIE FAITH MCNAMARA. COLONEL PAUL F. CAPASSO, 0000 PATRICK W. BEHAN, 0000 JEREMY H. G. IBRAHIM, OF PENNSYLVANIA, TO BE A COLONEL FLOYD L. CARPENTER, 0000 BLAIR M. BERKLAND, 0000 MEMBER OF THE FOREIGN CLAIMS SETTLEMENT COM- COLONEL WILLIAM A. CHAMBERS, 0000 NORMA H. BRESSI, 0000 MISSION OF THE UNITED STATES FOR THE TERM EXPIR- COLONEL PAUL A. DETTMER, 0000 IVAN L. CRAFT, 0000 ING SEPTEMBER 30, 2005, VICE RICHARD THOMAS WHITE, COLONEL DAVID K. EDMONDS, 0000 JAMES M. GERMAIN, 0000 TERM EXPIRED. COLONEL JACK B. EGGINTON, 0000 SCOTT A. OSTROW, 0000 DEPARTMENT OF TRANSPORTATION COLONEL DAVID J. EICHHORN, 0000 ROLAND E. RONDEAU JR., 0000 COLONEL DAVID W. EIDSAUNE, 0000 JAMIE L. SAIVES, 0000 EMIL H. FRANKEL, OF CONNECTICUT, TO BE AN ASSIST- COLONEL BURTON M. FIELD, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANT SECRETARY OF TRANSPORTATION, VICE EUGENE A. COLONEL ALFRED K. FLOWERS, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR CONTI, JR., RESIGNED. COLONEL RANDAL D. FULLHART, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: JEFFREY SHANE, OF THE DISTRICT OF COLUMBIA, TO COLONEL MARKE F. GIBSON, 0000 BE ASSOCIATE DEPUTY SECRETARY OF TRANSPOR- COLONEL ROBERT H. HOLMES, 0000 To be colonel TATION, VICE STEPHEN D. VAN BEEK, RESIGNED. COLONEL STEPHEN L. HOOG, 0000 MARK V. ROSENKER, OF MARYLAND, TO BE A MEMBER COLONEL LARRY D. JAMES, 0000 HOSSAM E. AHMED, 0000 OF THE NATIONAL TRANSPORTATION SAFETY BOARD COLONEL RALPH J. JODICE II, 0000 JOHN E. BREWER, 0000 FOR THE REMAINDER OF THE TERM EXPIRING DECEM- COLONEL JAN MARC JOUAS, 0000 NELSON W. COUCH, 0000 BER 31, 2005, VICE MARION BLAKEY, RESIGNED. COLONEL JAY H. LINDELL, 0000 CHRIS S. CRNICH, 0000 RICHARD F. HEALING, OF VIRGINIA, TO BE A MEMBER COLONEL KAY C. MCCLAIN, 0000 KARLA A. MOORE, 0000 OF THE NATIONAL TRANSPORTATION SAFETY BOARD COLONEL ROBERT H. MCMAHON, 0000 BRETT W. PERKINS, 0000 FOR A TERM EXPIRING DECEMBER 31, 2006, VICE GEORGE COLONEL STEPHEN P. MUELLER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT W. BLACK, JR., TERM EXPIRED. COLONEL WILLIAM J. REW, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR COLONEL KATHERINE E. ROBERTS, 0000 DEPARTMENT OF COMMERCE FORCE UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL KIP L. SELF, 0000 CLAUDIA PUIG, OF FLORIDA, TO BE A MEMBER OF OF COLONEL MICHAEL A. SNODGRASS, 0000 To be colonel THE BOARD OF DIRECTORS OF THE CORPORATION FOR COLONEL DAVID M. SNYDER, 0000 ROBERT A. BAZYLAK, 0000 PUBLIC BROADCASTING FOR THE REMAINDER OF THE COLONEL LARRY O. SPENCER, 0000 JOHN T. DEJONG, 0000 TERM EXPIRING JANUARY 31, 2006, VICE KENNETH Y. COLONEL ROBERT P. STEEL, 0000 JAMES L. FISHBACK, 0000 TOMLINSON. COLONEL THOMAS J. VERBECK, 0000 TIM W. GRENNAN, 0000 CHERYL FELDMAN HALPERN, OF NEW JERSEY, TO BE A COLONEL JAMES A. WHITMORE, 0000 SCOTT J. HADAWAY, 0000 MEMBER OF THE BOARD OF DIRECTORS OF THE COR- COLONEL BOBBY J. WILKES, 0000 JOHN S. HUNT, 0000 PORATION FOR PUBLIC BROADCASTING FOR A TERM EX- COLONEL ROBERT M. WORLEY II, 0000 STEPHEN G. HURST, 0000 PIRING JANUARY 31, 2008, VICE HEIDI H. SCHULMAN, IN THE ARMY JAY A. JOHANNIGMAN, 0000 TERM EXPIRED. WILLIAM B. KLEIN, 0000 REAR ADMIRAL NICHOLAS AUGUSTUS PRAHL, NA- THE FOLLOWING ARMY NATIONAL GUARD OF THE GREGG S. MEYER, 0000 TIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, UNITED STATES OFFICERS FOR APPOINTMENT IN THE WILLIAM A. POLLAN, 0000 TO BE A MEMBER OF THE MISSISSIPPI RIVER COMMIS- RESERVE OF THE ARMY TO THE GRADES INDICATED RICHARD M. SCHWEND, 0000 SION, UNDER THE PROVISIONS OF SECTION 2 OF AN ACT UNDER TITLE 10, U.S.C., SECTION 12203: MARK S. SMYCZYNSKI, 0000 OF CONGRESS, APPROVED 28 JUNE 1879 (21 STAT. 37) (22 To be major general USC 642). THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEPARTMENT OF AGRICULTURE BRIG. TO THE GRADE INDICATED IN THE RESERVE OF THE AIR GEN. DENNIS M. KENNEALLY, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: THOMAS C. DORR, OF IOWA, TO BE UNDER SECRETARY To be brigadier general OF AGRICULTURE FOR RURAL DEVELOPMENT, VICE JILL To be colonel L. LONG, RESIGNED. COL. OSCAR B. HILMAN, 0000 DEBORAH L. ASPLING, 0000 THOMAS C. DORR, OF IOWA, TO BE A MEMBER OF THE IN THE MARINE CORPS DEBRA S. BLIESNER, 0000 BOARD OF DIRECTORS OF THE COMMODITY CREDIT COR- ROBIN S. DIAMOND, 0000 PORATION,VICE JILL L. LONG, RESIGNED. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TERRI L. DOCKERY, 0000 DEPARTMENT OF DEFENSE IN THE UNITED STATES MARINE CORPS TO THE GRADE MARGARET C. GRAM, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 624: ELFREDA L. HARRIS, 0000 PAUL MCHALE, OF PENNSYLVANIA, TO BE AN ASSIST- WILLIAM R. HYATT, 0000 ANT SECRETARY OF DEFENSE. (NEW POSITION) To be major general ROSEMARY L. JANOFSKY, 0000 CHRISTOPHER RYAN HENRY, OF VIRGINIA, TO BE DEP- BRIG. GEN. TONY L. CORWIN, 0000 PATRICIA A. JARMUZ, 0000 UTY UNDER SECRETARY OF DEFENSE FOR POLICY, VICE BRIG. GEN. JON A. GALLINETTI, 0000 NINA G. PEREZ, 0000 STEPHEN A. CAMBONE, RESIGNED. BRIG. GEN. THOMAS L. MOORE JR., 0000 DARRELL R. RASK, 0000 R. BRUCE MATTHEWS, OF NEW MEXICO, TO BE A MEM- EDITH A. SCHAFER, 0000 BER OF THE DEFENSE NUCLEAR FACILITIES SAFETY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PATRICIA L. SIEVERDING, 0000 BOARD FOR A TERM EXPIRING OCTOBER 18, 2005, VICE JO- IN THE UNITED STATES MARINE CORPS TO THE GRADE MARTHA R. SLEUTEL, 0000 SEPH DINUNNO, RESIGNED. INDICATED UNDER TITLE 10, U.S.C., SECTION 624: PAULA F. SPRINGER, 0000

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0637 Sfmt 9801 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S180 CONGRESSIONAL RECORD — SENATE January 9, 2003

JOHN M. STARZYK, 0000 MARK E. PESTANA, 0000 CHRISTIAN R. BENJAMIN, 0000 ELLEN N. THOMAS, 0000 JANE D. PETITTO, 0000 EVA T. BERRO, 0000 KAREN S. THOMPSON-SNIPES, 0000 PATRICK R. PHELPS, 0000 JAMES H. BERRO, 0000 JANICE L. TULAK, 0000 GEORGE J. PIERCE, 0000 DEBORAH J. BOSTOCK, 0000 DEBRA L. WADDELL, 0000 MELISSA A. PLANERT, 0000 JOSEPH A. BRENNAN, 0000 DENISE L. WALKER, 0000 DENNIS P. PLOYER, 0000 WILBERT * CAIN, 0000 MARY L. WALKER, 0000 MICHAEL B. POWELL, 0000 WILLIAM M. CAMPBELL, 0000 CANDACE W. WOODHAM, 0000 ROBERT F. RAVELO, 0000 KENNETH L. COX, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOE T. REAMS, 0000 GARY D. CROUCH, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR JACK W. REED, 0000 RICHARD J. * DELORENZO JR., 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT D. REGO, 0000 MATTHEW J. * DOLAN, 0000 JAMES R. RHETTA, JR., 0000 ARAM M. DONIGIAN, 0000 To be colonel SUSAN M. RHODES, 0000 THOMAS H. * DOUGHERTY, 0000 ANDREW A. AKELMAN, 0000 DONALD R. ROTAR, JR., 0000 ROBERT W. ELLIS, 0000 DANIEL W. ALLEN, 0000 ROBERT H. RUPP, 0000 ALAAELDEEN M. ELSAYED, 0000 WILLIAM F. AMES, 0000 MARILYN I. SABICER, 0000 WILLIAM J. FLYNN, 0000 WILLIAM B. ANHOLT, 0000 CHARLES W. SACHS, 0000 LES R. FOLIO, 0000 JAMES E. ASLIN, 0000 MARK A. SANCHEZ, 0000 DAVID A. GOODWIN, 0000 DEBORAH J. ASSELANIS, 0000 VINCENT M. SARONI, 0000 JOYCE R. GRISSOM, 0000 WILLIAM A. AUGER, 0000 STEPHEN T. SCOTT, 0000 THOMAS E. GRISSOM, 0000 HERMAN L. BAKER, JR., 0000 GLENN D. SEITCHEK, 0000 DAVID C. HALL, 0000 RICHARD J. BARTELL, 0000 EROTOKRITOS SHIAKALLIS, 0000 THOMAS C. * HANKINS, 0000 GARY M. BATINICH, 0000 ANN C. SHIPPY, 0000 DIANNE Y. * HARRIS, 0000 ROBERT W. BELKNAP, 0000 ERIC M. SITRIN, 0000 LORI J. HEIM, 0000 MARK A. BENSON, 0000 NEIL K. SNYDER, 0000 TODD D. * HESS, 0000 MICHAEL D. BERGMAN, 0000 MICHAEL J. SORTINO, 0000 JOHN V. * INGARI, 0000 PATRICK E. BIELBY, 0000 WILLIAM D. STEPHENS, 0000 MARTIN L. * JOHNSON, 0000 GARY C. BLASZKIEWICZ, 0000 CARL D. STROHL, 0000 JAMES A. * KING, 0000 CONNIE J. BOETTLER, 0000 GERALD E. SUTTON, 0000 STEPHEN A. KNYCH, 0000 PAUL H. BONNIER, 0000 ABBOTT L. TAYLOR JR., 0000 GAEL J. LONERGAN, 0000 TERRY N. BOONE, 0000 JEFFREY J. THEULEN, 0000 STEPHEN F. LOVICH, 0000 CARL E. BRAZELTON, 0000 JOSEPH D. TIMM, 0000 STEVEN C. * LYNCH, 0000 RODNEY E. BRYAN, 0000 THOMAS V. TORNILLO, 0000 ERIC A. * MAIR, 0000 MARY E. BURRELL, 0000 JOSEPH C. TRIPPY, 0000 ANDREW C. MARCHIANDO, 0000 WILLIAM T. CAHOON, 0000 LANCE D. UNDHJEM, 0000 GEORGE TEO MARTIN, 0000 DONALD R. CAVIN, 0000 STEPHEN P. VANCIL, 0000 BRIAN J. MASTERSON, 0000 STEVEN J. CHAPMAN, 0000 GREGORY L. VITALIS, 0000 KIMBERLY P. MAY, 0000 TERRY LEE CHASE, 0000 EDMUND D. WALKER, 0000 THOMAS L. * MCKNIGHT, 0000 ROBERT R. COLYER, 0000 MARCIA M. WALKER, 0000 ROBERT J. MEDELL, 0000 WILLIE W. COOPER II, 0000 JOE H. WALLACE JR., 0000 DONALD M. MEDUNA, 0000 STEVEN D. CORNELL, 0000 JAMES D. WEST, 0000 VINCENT J. MICHAUD, 0000 JIM H. CRUMPACKER, 0000 ROBERT L. WHITE, 0000 ROBERT I. MILLER, 0000 DONALD N. CULLEN, 0000 VINCENT S. WILCOX, 0000 JAMES S. MOELLER, 0000 KENNETH E. CURELL, 0000 CURTIS L. WILLIAMS, 0000 THOMAS A. NEAL II, 0000 SCOTT A. CUSIMANO, 0000 GEORGE F. WILLIAMS, 0000 WILLIAM E. NELSON, 0000 DENNIS L. DALEY, 0000 ROBERT C. WILSON, 0000 STEPHEN J. NILES, 0000 CELESTINO DAMIANO, 0000 DALE R. WISE, 0000 MICHAEL S. PANOSIAN, 0000 MARJORIE J. R. S. DAVIS, 0000 CARL S. WOLF, 0000 THEODORE W. PARSONS III, 0000 RICHARD D. DAVIS, 0000 KEVIN M. WOLFE, 0000 MARY M. PELSZYNSKI, 0000 SETH M. DAVIS, 0000 FOUAD W. YACOUB, 0000 JOSE L. * PEREZBECERRA, 0000 DAVID A. DIPIETRO, 0000 NICHOLAS M. ZALLAS, 0000 MARCUS L. PETERSON, 0000 LISA S. DISBROW, 0000 STEVEN ZEBICH, 0000 BRIAN D. PEYTON, 0000 BRIAN E. DUBIE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MOIRA C. PFEIFER, 0000 WILLIAM V. EDMONDS, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR ELISHA T. POWELL IV, 0000 LARRY L. ETZEL, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: DANIEL J. QUENNEVILLE, 0000 JEFFREY W. FIEBIG, 0000 BRIAN V. REAMY, 0000 SAMUEL L. FINKLEA III, 0000 To be colonel DAVID B. * RHODES, 0000 MICHAEL FLORES, 0000 MICHAEL L. BELL, 0000 DAVID A. * RIGGS, 0000 DONNA L. FORE, 0000 JAMES R. DIKEMAN, 0000 DIANE C. RITTER, 0000 ROBERT C. GAYLORD, 0000 BRENT A. EVANS, 0000 JAMES L. RUSHFORD, 0000 RICHARD W. GLITZ, 0000 STEPHEN P. FEAGA, 0000 BRADLEY S. RUST, 0000 WALTER O. GORDON, 0000 KIRK R. GRANIER, 0000 ANDREW J. SATIN, 0000 CRAIG N. GOURLEY, 0000 DAVID W. HICKMAN, 0000 GERALD R. SCHWARTZ, 0000 DENNIS W. GREENE, 0000 ROBERT G. KENNY, 0000 FRANK J. SHELTON, 0000 KATHRYN L. GRIBBEN, 0000 JAMES A. MARLOW, 0000 ERIC J. SIMKO, 0000 ROSCOE L. GRIFFIN, 0000 MICHAEL R. SHUTTER, 0000 CARL G. SIMPSON, 0000 EDWARD J. HAGERTY, 0000 GLENN L. SPITZER, 0000 THOMAS M. * SLYTER, 0000 TERESA A. HAMS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT E. SMITH II, 0000 MERLE D. HART, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR WILLIAM H. SNEEDER JR., 0000 ARTHUR C. HAUBOLD, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED MARK J. * SNELL, 0000 THOMAS L. HENDRICKS, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS LAWRENCE W. STEINKRAUS JR., 0000 STEPHEN M. HERLT, 0000 624 AND 531: JILL L. STERLING, 0000 MARY K. HIGGINS, 0000 JAMES R. STEWART, 0000 DALE R. HITE, 0000 To be colonel CYNTHIA N. TAYLOR, 0000 RICHARD G. HONNEYWELL, 0000 ROOSEVELT ALLEN JR., 0000 DONALD F. THOMPSON, 0000 JOHN W. HUFFMAN, 0000 CHRISTOPHER F. BATES, 0000 DAVID F. VANDERBURGH, 0000 ELEANOR A. HUNTER, 0000 THOMAS W. BECKMAN, 0000 JOSEPH M. WEMPE, 0000 GARY M. JENSEN, 0000 DIANE M. BEECHER, 0000 GREGORY M. WICKERN, 0000 LYNN W. JOBES, 0000 THOMAS J. BEESON, 0000 KELLY H. * WOODWARD, 0000 WILSON JOHNSON III, 0000 MARK J. BENTELE, 0000 GROVER K. YAMANE, 0000 DARYL L. JONES, 0000 RONALD L. * BERRY, 0000 PAUL A. YOUNG, 0000 KERRY E. KEITHCART, 0000 MICHAEL P. CUNNINGHAM, 0000 CHRISTOPHER M. ZAHN, 0000 RICHARD D. KELLEY, JR., 0000 JEFFERY R. DENTON, 0000 KAREN KINDLER, 0000 WAYNE H. DUDLEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID J. KING, 0000 DANIEL G. DUPONT, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR DARKO D. KREINER, 0000 EARL B. ELLIS, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: DELLA R. KRIMSKY, 0000 CRAIG A. FLICKINGER, 0000 To be colonel CHRISTINA L. LAFFERTY, 0000 SALVADOR FLORES JR., 0000 ELIZABETH A. LANGSTON, 0000 TIMOTHY J. HALLIGAN, 0000 RONALD D. HARRIS, 0000 SON M. LE, 0000 THOMAS D. HAWLEY, 0000 LARRY C. LEE, 0000 PETER J. HEATH, 0000 IN THE ARMY JEROME A. LEMIEUX, 0000 JOSE E. IBANEZPABON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS J. LEVERETTE, 0000 KEVIN D. KIELY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY REBECCA L. LEWIS, 0000 BARBARA B. KING, 0000 JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, GABRIEL LIFSCHITZ, 0000 JOEL C. * KNUTSON, 0000 U.S.C., SECTION 624: THOMAS A. LINSTER, 0000 JOHN C. KRESIN, 0000 ERIC G. LUND, 0000 JOHN C. LEIST III, 0000 To be colonel MICHAEL W. MAHAN, 0000 JACK H. LINCKS, 0000 WILLIAM T. BARTO, 0000 JOHN J. MANDICO, 0000 SCOTT A. MACKEY, 0000 STEPHEN E. CASTLEN, 0000 LINDA S. MARCHIONE, 0000 PAGE W. MCNALL, 0000 ANNE E. EHRSAMHOLLAND, 0000 JAMES V. MASKOWITZ, 0000 MICHAEL A. MOSUR, 0000 RAFE R. FOSTER, 0000 JACKIE W. MATHIS, 0000 BRENT E. NIKOLAUS, 0000 AMY M. FRISK, 0000 MURIEL R. MCCARTHY, 0000 ROBERT H. POINDEXTER, 0000 JILL M. GRANT, 0000 JOHN C. MCKEEMAN, 0000 HOWARD W. ROBERTS, 0000 SARAH S. GREEN, 0000 ANDREW T. MCMAHON, 0000 ALAN J. SUTTON, 0000 STEPHEN R. HENLEY, 0000 BETH L. B. MCNULTY, 0000 JEFFREY M. SWARTZ, 0000 KEVAN F. JACOBSON, 0000 RICHARD E. MCQUISTON, JR., 0000 LARRY TABATCHNICK, 0000 KAREN L. JUDKINS, 0000 LARRY L. MERINGTON, 0000 VINCENT J. TAKACS, 0000 JOHN C. KENT, 0000 ROSS A. MILES, 0000 ARJEN L. VANDEVOORDE, 0000 RAFAEL LARA JR., 0000 PAMELA K. MILLIGAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LAUREN B. LEEKER, 0000 IVAN A. MOORE, JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JON L. LIGHTNER, 0000 SUSAN D. MORGAN, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED JAMES K. LOVEJOY, 0000 VINCENT J. NAPOLEON, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS RICHARD B. OKEEFFE JR., 0000 JOHN R. NELSON, 0000 624 AND 531: ALLISON A. POLCHEK, 0000 TODD R. NORDAHL, 0000 MARK A. RIVEST, 0000 DAVID J. PARKER, 0000 To be colonel KATHRYN R. SOMMERKAMP, 0000 JERRY N. PEERY, 0000 PETER A. BAUER, 0000 BRADLEY P. STAI, 0000

VerDate Mar 15 2010 21:15 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0637 Sfmt 9801 E:\2003SENATE\S09JA3.REC S09JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY Thursday, January 9, 2003 Daily Digest Senate Nominations Received: Senate received the fol- Chamber Action lowing nominations: Routine Proceedings, pages S89–S180 Gerald Reynolds, of Missouri, to be Assistant Sec- Measures Introduced: Thirty-four bills and three retary for Civil Rights, Department of Education. resolutions were introduced, as follows: S. 106–139, Steven C. Beering, of Indiana, to be a Member of S. Res. 15–16, and S. Con. Res. 1. Pages S132–33 the National Science Board, National Science Foun- dation, for the remainder of the term expiring May Measures Reported: 10, 2004. Special Report entitled ‘‘Summary of Legislative Barry C. Barish, of California, to be a Member of and Oversight Activities During the 107th Con- the National Science Board, National Science Foun- gress.’’. (S. Rept. No. 108–1) Page S132 dation, for a term expiring May 10, 2008. Measures Passed: Ray M. Bowen, of Texas, to be a Member of the Continuing Appropriations: Senate passed H.J. National Science Board, National Science Founda- Res. 1, making further continuing appropriations for tion, for a term expiring May 10, 2008. the fiscal year 2003, clearing the measure for the Delores M. Etter, of Maryland, to be a Member of the National Science Board, National Science President. Pages S104–06 Foundation, for a term expiring May 10, 2008. Commending Dan L. Crippen: Senate agreed to Kenneth M. Ford, of Florida, to be a Member of S. Res. 15, commending Dan L. Crippen for his the National Science Board, National Science Foun- service to Congress and the Nation. Pages S175–76 dation, for a term expiring May 10, 2008. Honoring Western Kentucky University Football Daniel E. Hastings, of Massachusetts, to be a Team: Senate agreed to S. Res. 16, honoring the Member of the National Science Board, National Hilltoppers of Western Kentucky University from Science Foundation, for a term expiring May 10, Bowling Green, Kentucky, for winning the 2002 2008. National Collegiate Athletic Association Division Elizabeth Hoffman, of Colorado, to be a Member I–AA Football Championship. Page S176 of the National Science Board, National Science Foundation, for a term expiring May 10, 2008. Flood Insurance Extension: Senate passed H.R. Douglas D. Randall, of Missouri, to be a Member 11, to extend the national flood insurance program, of the National Science Board, National Science clearing the measure for the President. Page S176 Foundation, for a term expiring May 10, 2008. Adjournment Resolution: Senate agreed to H. Jo Anne Vasquez, of Arizona, to be a Member of Con. Res. 8, providing for a conditional adjournment the National Science Board, National Science Foun- of the House of Representatives and a conditional re- dation, for a term expiring May 10, 2008. cess or adjournment of the Senate. Page S177 Jewel Spears Brooker, of Florida, to be a Member Removal of Injunction of Secrecy: The injunction of the National Council on the Humanities for a of secrecy was removed from the following treaty: term expiring January 26, 2008. Agreement Amending Treaty with Canada Con- Celeste Colgan, of Texas, to be a Member of the cerning Pacific Coast Albacore Tuna Vessels and National Council on the Humanities for a term expiring January 26, 2008. Port Privileges (Treaty Doc. No. 108–1). Dario Fernandez-Morera, of Illinois, to be a Mem- The treaty was transmitted to the Senate today, ber of the National Council on the Humanities for considered as having been read for the first time, and a term expiring January 26, 2008. referred, with accompanying papers, to the Com- Elizabeth Fox-Genovese, of Georgia, to be a Mem- mittee on Foreign Relations and ordered to be print- ber of the National Council on the Humanities for ed. Page S177 a term expiring January 26, 2008. D13 D14 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 2003 David Hertz, of Indiana, to be a Member of the Donna N. Williams, of Texas, to be a Member of National Council on the Humanities for a term ex- the Board of Directors of the Corporation for Na- piring January 26, 2006. tional and Community Service for a term expiring Stephen McKnight, of Florida, to be a Member of October 6, 2006. the National Council on the Humanities for a term Florentino Subia, of Texas, to be a Member of the expiring January 26, 2006. Board of Directors of the Legal Services Corporation Sidney McPhee, of Tennessee, to be a Member of for a term expiring July 13, 2004. the National Council on the Humanities for a term Frank B. Strickland, of Georgia, to be a Member expiring January 26, 2008. of the Board of Directors of the Legal Services Cor- Lawrence Okamura, of Missouri, to be a Member poration for a term expiring July 13, 2004. of the National Council on the Humanities for a Michael McKay, of Washington, to be a Member term expiring January 26, 2008. of the Board of Directors of the Legal Services Cor- Stephan Thernstrom, of Massachusetts, to be a poration for a term expiring July 13, 2004. Member of the National Council on the Humanities Lillian R. BeVier, of Virginia, to be a Member of for a term expiring January 26, 2008. the Board of Directors of the Legal Services Corpora- Marguerite Sullivan, of the District of Columbia, tion for a term expiring July 13, 2004. to be a Member of the National Council on the Hu- Robert J. Dieter, of Colorado, to be a Member of manities for a term expiring January 26, 2008. the Board of Directors of the Legal Services Corpora- Harry Robinson, Jr., of Texas, to be a Member of tion for a term expiring July 13, 2005. the National Museum Services Board for a term ex- Thomas A. Fuentes, of California, to be a Member piring December 6, 2003. of the Board of Directors of the Legal Services Cor- Elizabeth J. Pruet, of Arkansas, to be a Member poration for a term expiring July 13, 2005. of the National Museum Services Board for a term Stanley C. Suboleski, of Virginia, to be a Member expiring December 6, 2004. of the Federal Mine Safety and Health Review Com- Terry L. Maple, of Georgia, to be a Member of mission for a term of six years expiring August 30, the National Museum Services Board for a term ex- 2006. piring December 6, 2005. W. Scott Railton, of Virginia, to be a Member of Edwin Joseph Rigaud, of Ohio, to be a Member the Occupational Safety and Health Review Com- of the National Museum Services Board for a term mission for a term expiring April 27, 2007. expiring December 6, 2007. Naomi Churchill Earp, of Virginia, to be a Mem- Juanita Alicia Vasquez-Gardner, of Texas, to be a ber of the Equal Employment Opportunity Commis- Member of the Board of Trustees of the Harry S sion for a term expiring July 1, 2005. Truman Scholarship Foundation for a term expiring Dana Gioia, of California, to be Chairperson of the December 10, 2003. National Endowment for the Arts for a term of four William Preston Graves, of Kansas, to be a Mem- years. ber of the Board of Trustees of the Harry S Truman Michael B. Enzi, of Wyoming, to be a Represent- Scholarship Foundation for the remainder of the ative of the United States of America to the Fifty- term expiring December 10, 2005. seventh Session of the General Assembly of the Patrick Lloyd McCrory, of North Carolina, to be United Nations. a Member of the Board of Trustees of the Harry S Paul Sarbanes, of Maryland, to be a Representative Truman Scholarship Foundation for a term expiring of the United States of America to the Fifty-seventh December 10, 2005. Session of the General Assembly of the United Na- Phyllis C. Hunter, of Texas, to be a Member of tions. the National Institute for Literacy Advisory Board James Shinn, of New Jersey, to be a Representa- for a term of two years. (New Position) tive of the United States of America to the Fifty-sev- Douglas Carnine, of Oregon, to be a Member of enth Session of the General Assembly of the United the National Institute for Literacy Advisory Board Nations. for a term of three years. (New Position) Cynthia Costa, of South Carolina, to be an Alter- Blanca E. Enriquez, of Texas, to be a Member of nate Representative of the United States of America the National Institute for Literacy Advisory Board to the Fifty-seventh Session of the General Assembly for a term of three years. (New Position) of the United Nations. William A. Schambra, of Virginia, to be a Mem- Ralph Martinez, of Florida, to be an Alternate ber of the Board of Directors of the Corporation for Representative of the United States of America to National and Community Service for a term expiring the Fifty-seventh Session of the General Assembly of September 14, 2006. the United Nations. January 9, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D15 Grant S. Green, Jr., of Virginia, to be Deputy Thomas Waters Grant, of New York, to be a Di- Secretary of State for Management and Resources. rector of the Securities Investor Protection Corpora- (New Position) tion for a term expiring December 31, 2005. Walter H. Kansteiner, Assistant Secretary of State Noe Hinojosa, Jr., of Texas, to be a Director of (African Affairs), to be a Member of the Board of the Securities Investor Protection Corporation for a Directors of the African Development Foundation for term expiring December 31, 2006. (Reappointment) a term expiring September 27, 2003. William Robert Timken, Jr., of Ohio, to be a Di- Claude A. Allen, Deputy Secretary of Health and rector of the Securities Investor Protection Corpora- Human Services, to be a Member of the Board of tion for a term expiring December 31, 2003. Directors of the African Development Foundation for William Robert Timken, Jr., of Ohio, to be a Di- a term expiring September 22, 2003. rector of the Securities Investor Protection Corpora- Jose A. Fourquet, of New Jersey, to be a Member tion for a term expiring December 31, 2006. (Re- of the Board of Directors of the Inter-American appointment) Foundation for a term expiring September 20, 2004. Alfred Plamann, of California, to be a Member of Roger Francisco Noriega, of Kansas, to be a Mem- the Board of Directors of the National Consumer ber of the Board of Directors of the Inter-American Cooperative Bank for a term of three years. Foundation for a term expiring September 20, 2006. Charlotte A. Lane, of West Virginia, to be a Adolfo A. Franco, of Virginia, to be a Member of Member of the United States International Trade the Board of Directors of the Inter-American Foun- Commission for a term expiring December 16, 2009. dation for a term expiring September 20, 2008. Daniel Pearson, of Minnesota, to be a Member of Dennis L. Schornack, of Michigan, to be Commis- the United States International Trade Commission sioner on the part of the United States on the Inter- for the term expiring December 16, 2011. national Joint Commission, United States and Can- Raymond T. Wagner, Jr., of Missouri, to be a ada. Member of the Internal Revenue Service Oversight Feliciano Foyo, of Florida, to be a Member of the Board for the remainder of the term expiring Sep- Advisory Board for Cuba Broadcasting for a term ex- tember 14, 2004. piring August 12, 2004. Herbert Guenther, of Arizona, to be a Member of Albert Casey, of Texas, to be a Governor of the the Board of Trustees of the Morris K. Udall Schol- United States Postal Service for a term expiring De- arship and Excellence in National Environmental cember 8, 2009. Policy Foundation for a term two years. (New Posi- James C. Miller III, of Virginia, to be a Governor tion) of the United States Postal Service for a term expir- Bradley Udall, of Colorado, to be a Member of the ing December 8, 2010. Board of Trustees of the Morris K. Udall Scholarship Terrence A. Duffy, of Illinois, to be a Member of and Excellence in National Environmental Policy the Federal Retirement Thrift Investment Board for Foundation for a term expiring October 6, 2006. a term expiring October 11, 2003. Malcolm B. Bowekaty, of New Mexico, to be a Terrence A. Duffy, of Illinois, to be a Member of Member of the Board of Trustees of the Morris K. the Federal Retirement Thrift Investment Board for Udall Scholarship and Excellence in National Envi- a term expiring October 11, 2007. (Reappointment) ronmental Policy Foundation for a term expiring Oc- Susanne T. Marshall, of Virginia, to be Chairman tober 6, 2006. of the Merit Systems Protection Board. Richard Narcia, of Arizona, to be a Member of Neil McPhie, of Virginia, to be a Member of the the Board of Trustees of the Morris K. Udall Schol- Merit Systems Protection Board for the term of arship and Excellence in National Environmental seven years expiring March 1, 2009. Policy Foundation for a term expiring August 25, Peter Eide, of Maryland, to be General Counsel of 2006. the Federal Labor Relations Authority for a term of Robert Boldrey, of Michigan, to be a Member of five years. the Board of Trustees of the Morris K. Udall Schol- Dale Cabaniss, of Virginia, to be a Member of the arship and Excellence in National Environmental Federal Labor Relations Authority for a term of five Policy Foundation for a term expiring May 26, years expiring July 29, 2007. (Reappointment) 2007. Linda M. Springer, of Pennsylvania, to be Con- Ricky Dale James, of Missouri, to be a Member troller, Office of Federal Financial Management, Of- of the Mississippi River Commission for a term of fice of Manager and Budget. nine years. (Reappointment) Noe Hinojosa, Jr., of Texas, to be a Director of Harlon Eugene Costner, of North Carolina, to be the Securities Investor Protection Corporation for a United States Marshal for the Middle District of term expiring December 31, 2003. North Carolina for the term of four years. D16 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 2003 Mark Moki Hanohano, of Hawaii, to be United the provisions of Section 2 of an Act of Congress, States Marshal for the District of Hawaii for the approved 28 June 1879 (21 Stat. 37) (22 USC 642). term of four years. Thomas C. Dorr, of Iowa, to be Under Secretary Thomas Dyson Hurlburt, Jr., of Florida, to be of Agriculture for Rural Development. United States Marshal for the Middle District of Thomas C. Dorr, of Iowa, to be a Member of the Florida for the term of four years. Board of Directors of the Commodity Credit Cor- Christina Pharo, of Florida, to be United States poration,vice Jill L. Long, resigned. Marshal for the Southern District of Florida for the Paul McHale, of Pennsylvania, to be an Assistant term of four years. Secretary of Defense. (New Position) Dennis Arthur Williamson, of Florida, to be Christopher Ryan Henry, of Virginia, to be Dep- United States Marshal for the Northern District of uty Under Secretary of Defense for Policy. Florida for the term of four years. R. Bruce Matthews, of New Mexico, to be a Richard Zenos Winget, of Nevada, to be United Member of the Defense Nuclear Facilities Safety States Marshal for the District of Nevada for the Board for a term expiring October 18, 2005. term of four years. Ellen L. Weintraub, of Maryland, to be a Member Humberto S. Garcia, of Puerto Rico, to be United of the Federal Election Commission for term a expir- States Attorney for the District of Puerto Rico for ing April 30, 2007. the term of four years. Michael E. Toner, of the District of Columbia, to Edward F. Reilly, of Kansas, to be a Commis- be a Member of the Federal Election Commission for sioner of the United States Parole Commission for a a term expiring April 30, 2007. term of six years. (Reappointment) John W. Nicholson, of Virginia, to be Under Sec- Cranston J. Mitchell, of Missouri, to be a Com- retary of Veterans Affairs for Memorial Affairs. missioner of the United States Parole Commission Joseph Timothy Kelliher, of the District of Co- for a term of six years. lumbia, to be a Member of the Federal Energy Reg- David B. Rivkin, Jr., of Virginia, to be a Member ulatory Commission for the term expiring June 30, of the Foreign Claims Settlement Commission of the 2007. United States for the term expiring September 30, Harold Damelin, of Virginia, to be Inspector Gen- 2004. eral, Small Business Administration. Jeremy H. G. Ibrahim, of Pennsylvania, to be a 35 Air Force nominations in the rank of general. Member of the Foreign Claims Settlement Commis- 2 Army nominations in the rank of general. sion of the United States for the term expiring Sep- 8 Marine Corps nominations in the rank of gen- tember 30, 2005. eral. Emil H. Frankel, of Connecticut, to be an Assist- Routine lists in the Air Force, Army. ant Secretary of Transportation. Pages S177–80 Jeffrey Shane, of the District of Columbia, to be Messages From the House: Page S128 Associate Deputy Secretary of Transportation. Measures Read First Time: Page S128 Mark V. Rosenker, of Maryland, to be a Member of the National Transportation Safety Board for the Enrolled Bills Presented: Page S128 remainder of the term expiring December 31, 2005. Executive Communications: Pages S128–30 Richard F. Healing, of Virginia, to be a Member Petitions and Memorials: Pages S130–32 of the National Transportation Safety Board for a term expiring December 31, 2006. Additional Cosponsors: Pages S133–34 Claudia Puig, of Florida, to be a Member of the Statements on Introduced Bills/Resolutions: Board of Directors of the Corporation for Public Pages S134–75 Broadcasting for the remainder of the term expiring Additional Statements: Pages S123–28 January 31, 2006. Authority for Committees to Meet: Page S175 Cheryl Feldman Halpern, of New Jersey, to be a Member of the Board of Directors of the Corporation Privilege of the Floor: Page S175 for Public Broadcasting for a term expiring January Adjournment: Senate met at 9:30 a.m., and ad- 31, 2008. journed at 7:30 p.m., until 9:30 a.m., on Friday, Rear Admiral Nicholas Augustus Prahl, National January 10, 2003. (For Senate’s program, see the re- Oceanic and Atmospheric Administration, to be a marks of the Acting Majority Leader in today’s Member of the Mississippi River Commission, under Record on page S177.) January 9, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D17 Coalition, Radnor, Pennsylvania; and Alfred Kahn, Committee Meetings Cornell University, Ithaca, New York. (Committees not listed did not meet) Hearings recessed subject to call. CLIMATE CHANGE OIL TANKERS Committee on Commerce, Science, and Transportation: On Committee on Commerce, Science, and Transportation: Wednesday, January 8, committee concluded hear- Committee concluded hearings to examine the phase ings to examine climate change and greenhouse gas out of single hull oil tankers and the impact of such reductions and the trading systems, after receiving action on commerce, including marine oil spill pre- testimony from Senator Lieberman; Representative vention, preparedness, response and restoration, after Inslee; James R. Mahoney, Assistant Secretary of receiving testimony from R. Adm. Paul J. Pluta, As- Commerce for Oceans and Atmosphere, and Direc- sistant Commandant for Marine Safety, Security and tor, U.S. Climate Change Science Program; Eileen Environmental Protection, U.S. Coast Guard, De- Claussen, Pew Center on Global Climate Change, partment of Transportation; Timothy R. E. Keeney, Arlington, Virginia; Jack Cogen, Natsource LLC, Deputy Assistant Secretary of Commerce for Oceans and Fred Krupp, Environmental Defense, both of and Atmosphere; Elaine F. Davies, Deputy Director New York, New York; and Randy Overbey, ALCOA of the Office of Emergency and Remedial Response, Power Generating, Inc., Knoxville, Tennessee. Environmental Protection Agency; Thomas A. Allegretti, American Waterways Operators, and AIRLINE INDUSTRY Dragos Rauta, International Association of Inde- Committee on Commerce, Science, and Transportation: pendent Tanker Owners, both of Arlington, Vir- Committee held hearings on the future of the airline ginia; Joseph J. Cox, Chamber of Shipping of Amer- industry, including the state of aviation security, re- ica, David Sandalow, World Wildlife Fund, and G. ceiving testimony from Jeffrey N. Shane, Associate William Frick, American Petroleum Institute, all of Deputy Secretary of Transportation; Donald J. Carty, Washington, D.C.; Tom Godfrey, Colonna’s Ship- American Airlines, Dallas, Texas; Richard H. Ander- yard, Norfolk, Virginia, on behalf of the Ship- son, Northwest Airlines, Egan, Minnesota; Duane E. builders Council of America; and Robert N. Cowen, Woerth, Air Line Pilots Association, International, Overseas Shipholding Group, Inc., New York, New Washington, D.C.; Kevin Mitchell, Business Travel York. h House of Representatives Chamber Action COMMITTEE MEETINGS FOR FRIDAY, JANUARY 10, 2003 The House was not in session today. Pursuant to the order of the House of January 8, the House (Committee meetings are open unless otherwise indicated) stands adjourned until 2 p.m. on Friday, January 10, Senate 2003, unless it sooner has received a message from the Senate transmitting its concurrence in H. Con. No meetings/hearings scheduled. Res. 8, in which case, the House shall stand adjourned until 2 p.m. on Monday, January 27, 2003. House No Committee meetings are scheduled. Committee Meetings No Committee meetings were held. D18 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, January 10 2 p.m., Monday, January 27

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: To be announced. ing business until 12 noon. Senate may consider any cleared legislative and executive business.

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