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, FRIDAY, JANUARY 17, 2003 No. 9 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 FRIDAY, JANUARY 17, 2003

The Senate met at 9:30 a.m. and was lic for which it stands, one nation under God, point, about all I can relate to our col- called to order by the President pro indivisible, with liberty and justice for all. leagues is that we will stay in session tempore (Mr. STEVENS). f and continue to try to make progress on the bill. That is really about all the PRAYER RECOGNITION OF THE ACTING MAJORITY LEADER enlightenment I can offer at this par- The Chaplain, Dr. Lloyd John ticular point this morning. Ogilvie, offered the following prayer: The PRESIDENT pro tempore. The Mr. REID. I am sure the Presiding Almighty God, Lord of history, who assistant majority leader is recognized. Officer will be down and enlighten us calls great leaders and anoints them f further at some subsequent time. with supernatural power to lead in CCONNELL. I am confident he times of social distress when Your SCHEDULE Mr. M will. righteousness and justice must be rees- Mr. MCCONNELL. Mr. President, this tablished, this weekend we celebrate morning we will be resuming consider- f the birthday of Martin Luther King Jr. ation of H.J. Res. 2, the appropriations RESERVATION OF LEADER TIME We praise You, O God, for his life and bill. Under the order, following 5 min- leadership in the cause of racial jus- utes of debate, there will be a vote in The PRESIDENT pro tempore. Under tice. You gave him a dream of equality relation to the Harkin amendment re- the previous order, leadership time is and opportunity for all people which garding Byrne grants. Following that reserved. You empowered him to declare as a vote, and an additional 5 minutes of de- f clarion call to all America. bate, there will be a vote in relation to As we honor the memory of this truly the Schumer amendment relating to MAKING FURTHER CONTINUING great man and courageous American, port security. Members can, therefore, APPROPRIATIONS FOR FISCAL we ask You to cleanse any prejudice expect two consecutive votes to begin YEAR 2003 from our hearts and help us press on in shortly. I understand additional The PRESIDENT pro tempore. Under the battle to assure the equality of amendments are expected and, there- the previous order, the Senate will re- education, housing, job opportunities, fore, Members can expect further roll- advancement, and social status for all sume consideration of House Joint Res- call votes today. It is hoped we can fin- olution 2, which the clerk will report. people, regardless of race and creed. ish this bill today or this evening. If May this Senate be distinguished in its The assistant legislative clerk read that is not possible, it is anticipated leadership in this ongoing challenge to as follows: that the Senate will resume consider- assure the rights of all people in this A joint resolution (H.J. Res. 2) making fur- ation of this bill on Tuesday after the free land. Amen. ther continuing appropriations for the fiscal The PRESIDENT pro tempore. Please holiday and remain in session until it year 2003, and for other purposes. join the distinguished assistant Repub- is completed. Pending: lican leader in pledging allegiance to The PRESIDENT pro tempore. The Harkin amendment No. 32, to restore fund- our flag. assistant Democratic leader. ing for nondiscretionary Byrne grants to a Mr. REID. Mr. President, I ask my f level of $500,000,000. distinguished colleague, the senior Schumer Modified amendment No. 31, to PLEDGE OF ALLEGIANCE Senator from Kentucky, I was not pay- provide funds for research and development The Honorable MITCH MCCONNELL, a ing as much attention as I should have. grants to increase security for United States Senator from the State of Kentucky, Did the Senator announce how late we ports. led the Pledge of Allegiance, as follows: would be working today? The PRESIDING OFFICER (Mr. I pledge allegiance to the Flag of the Mr. MCCONNELL. Mr. President, I GRAHAM of South Carolina). The Sen- United States of America, and to the Repub- say to my friend from Nevada, at this ator from Alaska.

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

S1101

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.000 S17PT1 S1102 CONGRESSIONAL RECORD — SENATE January 17, 2003 Mr. STEVENS. Will the Chair please the Edward Byrne Memorial State and not function in the States on ordinary announce what the program is. Local Law Enforcement Assistance crimes such as bank robbery and inter- AMENDMENT NO. 32 Program, a program which is used to state car theft. We cut another 800 FBI The PRESIDING OFFICER. Under fund crime and drug prevention pro- agents, or thereabouts, under this pro- the previous order, there will be 5 min- grams in communities nationwide. posal. utes of debate equally divided prior to The bill before use today cuts the We are cutting the COPS program. I the vote on or in relation to the Harkin Byrne grant program by $500 million, think my colleagues have it back- amendment No. 32. in essence eviscerating it. I have trou- wards. I think this is the most Mr. STEVENS. Mr. President, before ble understanding why anyone would cockamamie idea I have heard in a that starts, I think we should wait for choose to decrease funding for a pro- long while. This narrow definition of a the participants. I wish to announce, gram that strives to improve the crimi- constitutional national defense is assuming the Senator from New York nal justice system and increase public going to come back to bite us. and I can work out an understanding, safety. The PRESIDING OFFICER. The Sen- there may not be a second vote. Mem- Cutting this program has real con- ator from Iowa. bers should be aware, there may not be sequences in my home State of Dela- Mr. HARKIN. I ask unanimous con- the second vote. The first vote will ware. There, Byrne grant money goes sent that Senators JEFFORDS, MURRAY, take place as scheduled. to fund a wide range of significant drug EDWARDS, CLINTON, GRAHAM, and SCHU- I suggest the absence of a quorum. abuse and prevention programs, juve- MER be added as cosponsors. The PRESIDING OFFICER. The nile crime initiatives and other crimi- The PRESIDING OFFICER. Without clerk will call the roll. nal justice projects, including: Dela- objection, it is so ordered. ware’s Key and Crest programs, which The legislative clerk proceeded to Mr. KOHL. Mr. President, unfortu- help criminal offenders get off of drugs call the roll. nately, the Edward Byrne Memorial and decrease there chance of re-offend- Mr. STEVENS. Mr. President, I ask State and Local Law Enforcement As- ing once they are released from jail; unanimous consent that the order for sistance Program suffered a $500 mil- drug treatment services for criminal the quorum call be rescinded. lion cut in this bill. Hundreds of law The PRESIDING OFFICER. Without offenders in drug court programs; enforcement agencies throughout Wis- objection, it is so ordered. drunk driving patrols in Dover, DE; consin depend on this money to fund a Who yields time? and drug prevention programs such as variety of crime prevention, drug inter- Mr. HARKIN. Mr. President, par- ‘‘Heroin Hurts’’ which educates teens diction, domestic violence, and many liamentary inquiry. Will the Presiding about the dangers of the deadly pure other creative, anti-crime initiatives. Officer state what is before the body heroin available in my State. In fact, Wisconsin received more than right now? The Byrne program is distributed as $9 million in Byrne formula grant The PRESIDING OFFICER. There a block grant to each State, based on a funds last year. are 5 minutes evenly divided on the State’s population. Delaware typically Harkin amendment No. 32. receives almost $2.5 million per year. Eliminating this source of funding Mr. HARKIN. Mr. President, the om- It’s critical funding, funding that se- will drastically impair local law en- nibus bill that is before us virtually cures the hometown and that helps forcement’s ability to combat crime. I eliminates the Byrne law enforcement keep our kids safe and drug-free. am pleased to co-sponsor Senator HAR- grant program. This amendment re- I could go on about the good Byrne KIN’s amendment to restore the Byrne stores the funding to $500 million to has done in Delaware. We have used formula grant program to last year’s the fiscal year 2002 level. There is no Byrne funds to create eight commu- level of $500 million. We cannot leave increase, but this at least holds it nity-based crime prevention programs our State and local law enforcement harmless. around my State. In New Castle Coun- agencies out in the cold, especially at a On each Senator’s desk is a table of ty and Dover, these programs offered time when we’ve asked them take on how much each State’s law enforce- training and services to adults and the additional responsibility of being ment would lose without the Byrne youth in high crime areas. Another the first line of defense and the first to grant. These grants go directly to project identified hate crime hotspots respond in case of a terrorist incident. State and local law enforcement. It throughout New Castle County and in- The safety of our communities depends pays for regional drug task forces, creased police services through a spe- on local law enforcement’s ability to technology, forensics, prevention, and cialized hate crime unit to those areas. do their job well. At the very least, we other valuable antidrug efforts in local We have used Byrne funds to train can assist them by restoring this fund- communities. prison officers, to improve our criminal ing. I have heard from the National Sher- justice records, and to expand the Dela- (At the request of Mr. DASCHLE, the iffs Association, the International As- ware State Police’s crime mapping following statement was ordered to be sociation of Chiefs of Police, the Na- project. printed in the RECORD.) tional Association of Police Organiza- Byrne is an incredibly flexible law Mr. KERRY. Mr. President, I strong- tions, and the National Governors’ As- enforcement program. It’s amazing to ly support the Harkin amendment to sociation, who have voiced strong sup- me that we would propose to eliminate restore funding for the Edward Byrne port for this amendment. it in this bill. I will fight this cut, and Memorial State and Local Law En- At this crucial time in our history, I am pleased to stand with my friend forcement Assistance Program to its we cannot afford to reduce the effec- from Iowa in offering this amendment fiscal year 2002 level. I am concerned tiveness of our Nation’s law enforce- to restore Byrne funds. that the omnibus appropriations bill ment agencies. Mr. President, I cannot fathom why before us eviscerates the Byrne pro- I received a letter this morning from my colleagues are doing this. This is gram. The Byrne program provides a the head of the Kansas Bureau of Inves- the single most popular, effective pro- flexible source of funding to State and tigation, Mr. Larry Welch. I do not gram that has existed in helping State local law enforcement agencies to help know him personally. He said: law enforcement. Everybody on that fight crime by funding drug enforce- Elimination of Byrne funding would be ab- side knows that. It has all the Repub- ment task forces, more cops on the solutely devastating to Kansas law enforce- lican attributes. It is flexible. It is one street, improved technology, and other ment. of those programs that the States like anticrime efforts. Massachusetts re- Mr. President, this amendment is very much. ceived over $11.5 million in Byrne fund- needed by local law enforcement all The Presiding Officer from South ing last year. On countless occasions I over the United States, and I hope we Carolina knows how it works in South have heard from law enforcement offi- adopt it overwhelmingly. Carolina, and in this rush to be able to cers from Massachusetts about the I yield to the Senator from Delaware. make room for these cockamamie pri- value of the Byrne program to their Mr. BIDEN. Mr. President, I am orities, what are we doing? We are cut- crime-fighting efforts. pleased to cosponsor Senator HARKIN’S ting FBI agents. We eliminate the Vio- The war against terror has placed un- amendment to restore full funding to lent Crimes Task Force. The FBI can- precedented demands on State and

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.003 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1103 local law enforcement to prevent ter- creased police services through a spe- newed based upon levels used in pre- rorist attacks and to respond to an at- cialized hate crime unit to those areas. vious years to calculate future housing tack should one occur. But fighting the We have used Byrne funds to train payments and administrative fees. This war on terror is not the only job that prison officers, to improve our criminal formula could result in a severe under- we expect police officers to do. We also justice records, and to expand the Dela- counting of the number of families expect them to combat the prevalence ware State Police’s crime mapping likely to be served by vouchers in the of drugs in our cities and rural commu- project. upcoming year. nities, we expect them to keep our Byrne is an incredibly flexible law Housing Authorities are facing an homes and families safe from thieves, enforcement program. It’s amazing to ever-increasing series of challenges, in- and we expect them to make us feel se- me that we would propose to eliminate cluding increases in low-income and cure when we walk through our neigh- it in this bill. I will fight this cut, and disabled eligibles and rising rental borhoods. We are well aware that the I am pleased to stand with my friend costs in many areas. Many of Utah’s States are facing a severe fiscal crisis, from Iowa in offering this amendment agencies who have received new vouch- some $75 billion collectively, what pri- to restore Byrne funds. er awards within the last six to 12 ority does it reflect to cut back on sup- Mr. HATCH. Mr. President: I rise to months are projecting they will have port to local law enforcement in this comment on amendment No. 32, which inadequate funding to meet their budget and security environment? A would restore $500 million in funding needs. wrong-headed one, in my estimation. for the Department of Justice’s Edward As I read the resolution, any addi- This amendment is supported by the Byrne Memorial State and Local Law tional funding needed to support in- National Association of Police Organi- Enforcement Assistance Program, the creased costs will be a limited amount zations, the International Association Byrne Grant Program. that is located within a central fund al- of Chiefs of Police, and the National There is no question we all agree on located by the Secretary. This could Governor’s Association. I am proud to the importance of maintaining ade- force Housing Authorities to reduce stand with these organizations in sup- quate funding for the Byrne Grant Pro- staff, resulting in lost administrative port of the Harkin amendment to re- gram. The Byrne Grant Program does fees, and a reduction in the percentage store funding to the Byrne amendment. much to enhance State and local law of vouchers being used. It is my hope Mr. BIDEN. Mr. President, I am enforcement, providing critical grants that the conferees will be able to rectify this problem that could serve to pleased to cosponsor Senator HARKIN’s which are needed to fight violent and amendment to restore full funding to drug-related crime. In the last year undermine the successfulness of the the Edward Byrne Memorial State and alone, over $4 million was awarded to Section 8 program. Mr. SPECTER. Mr. President, I am Local Law Enforcement Assistance State and local law enforcement agen- unable to support the amendment by Program, a program which is used to cies in Utah to fight violent and drug- my colleague, Senator HARKIN, to re- fund crime and drug prevention pro- related crime. As many of my colleagues, I was ex- store $500 million in non-discretionary grams in communities nationwide. funding to the Edward Byrne Memorial The bill before us today cuts the tremely disturbed to learn the resolu- State and Local Law Enforcement As- Byrne grant program by $500 million, tion we have before us today contains sistance Program. I am unable to do so in essence eviscerating it. I have trou- absolutely no funding for the Byrne not based on my opposition to the pro- ble understanding why anyone would Grant Program. Obviously, it is not in the interest of supporting local law en- gram, but rather due to the fact that choose to decrease funding for a pro- the chairman of the Appropriations gram that strives to improve the crimi- forcement for that situation to stand. Let me discuss another consider- Committee, Senator STEVENS, has out- nal justice system and increase public lined a separate strategy to restore safety. ation. Appropriation have worked very to craft a bill that is fiscally respon- this funding in conference. Cutting this program has real con- The Edward Byrne Memorial State sible, that will balance the need for sequences in my home state of Dela- and Local Law Enforcement Assistance spending against restraint, and that ware. There, Byrne grant money goes Program provides funding to State and will help us restore a balanced budget to fund a wide range of significant drug local governments to help make com- which is so vital to our country’s eco- abuse and prevention programs, juve- munities safe and improve criminal nomic security. The amendment we nile crime initiatives and other crimi- justice systems. Specifically, the nal justice projects, including: have before us, offered by my good Byrne Program emphasizes the reduc- Delaware’s Key and Crest programs, friend and colleague, Senator HARKIN, tion of violent and drug-related crimes which help criminal offenders get off of proposes to add $500 million to the bot- and fosters multi jurisdictional efforts drugs and decrease their chance of re- tom line of this bill, without an offset- to support national drug control prior- offending once they are released from ting reduction which will keep the res- ities. jail; olution within the total funding level Byrne Program funds are awarded Drug treatment services for criminal acceptable to the President. Thus, its through both discretionary and for- offenders in drug court programs; passage would vastly exceed the care- mula grant programs. Discretionary Drunk driving patrols in Dover, DE; fully crafted Federal discretionary funds are awarded directly to public Drug prevention programs such as spending level agreed to by President and private agencies and private non- ‘‘Heroin Hurts’’ which educates teens Bush and congressional appropriators profit organizations, while formula about the dangers of the deadly pure last year and jeopardize the legislation funds are awarded to the States, which heroin available in my State. we must pass to ensure continued fund- then award subgrants to State and The Byrne program is distributed as ing for virtually all of the Government local units of government as well as to a block grant to each state, based on a except the Department of Defense. agencies and organizations. State’s population. Delaware typically I am relieved to hear our chairmen, Senator HARKIN’s amendment would receives almost $2.5 million per year. Senator STEVENS and Senator GREGG, add $500 million to the overall cost of It’s critical funding—funding that se- provide assurances that if the Harkin the Omnibus Appropriations bill, an cures the hometown and that helps amendment were not adopted, they will amount which far exceeds the funding keep our kids safe and drug-free. restore the funds in the conference cap on the bill which the administra- I could go on about the good Byrne committee with the House of Rep- tion is willing to support. Chairman has done in Delaware. We have used resentatives. Based on those assur- Stevens has explicitly stated that al- Byrne funds to create eight commu- ances, I will cast my vote to table the though this program was taken out of nity-based crime prevention programs Harkin amendment. the bill, additional money was put in around my state. In New Castle County Before I close, I wanted to also ex- its place because he is aware that the and Dover, these programs offered press my concerns about a provision in House of Representatives intends to re- training and services to adults and H.J. Res 2 which dramatically restruc- store funding for this program in con- youth in high crime areas. Another tures the section 8 Housing Choice ference. project identified hate crime hotspots Voucher renewal calculation. The reso- I have consistently supported the throughout New Castle County and in- lution states that contracts will be re- Byrne Program and similar programs

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.045 S17PT1 S1104 CONGRESSIONAL RECORD — SENATE January 17, 2003 in the past, and have also worked tire- of that program. So on the basis of Mr. STEVENS. I ask for the yeas and lessly through the annual appropria- trust, I ask my colleagues to trust us. nays. tions process to secure funds and I move to table this amendment and The PRESIDING OFFICER. Is there a grants for both rural and metropolitan ask for the yeas and nays. sufficient second? law enforcement agencies in the Com- The PRESIDING OFFICER. Is there a Mr. STEVENS. I move to table, and I monwealth of Pennsylvania and sufficient second? ask for the yeas and nays. throughout the Nation. As the former At the moment, there is not a suffi- The PRESIDING OFFICER. Is there a District Attorney of Philadelphia, I un- cient second. sufficient second? derstand the importance of Federal The Senator from Iowa. There is a sufficient second. funds to local and state law enforce- Mr. HARKIN. Is there any time re- The question is on agreeing to the ment agencies to help reduce crime and maining on our side? motion. have consistently supported increased The PRESIDING OFFICER. There is The clerk will call the roll. funding for that purpose. no time remaining on the Democratic The legislative clerk called the roll. Based on the comments made by side. Mr. MCCONNELL. I announce that the Senator from Nebraska (Mr. Chairman STEVENS, I am confident Mr. STEVENS. If the Senator wishes that this program will be restored in a minute, I ask unanimous consent HAGEL) is necessarily absent. Mr. REID. I announce that the Sen- conference. Accordingly, I am unable that he would have an additional ator from Massachusetts (Mr. KERRY) to support my colleague’s amendment. minute. Mr. GREGG. Mr. President, what is Mr. HARKIN. I only need 30 seconds. is necessarily absent. I further announce that, if present the remaining time? Mr. STEVENS. All right. Thirty sec- and voting, the Senator from Massa- The PRESIDING OFFICER. The Sen- onds. The PRESIDING OFFICER. Without chusetts (Mr. KERRY) would vote ‘‘no’’. ator from New Hampshire has 21⁄2 min- The PRESIDING OFFICER (Mr. utes remaining. objection, it is so ordered. CHAFEE). Are there any other Senators Mr. GREGG. If the Chair would ad- Mr. HARKIN. I want to add Senator in the Chamber desiring to vote? vise me when I have reached a minute, DORGAN as a cosponsor. The result was announced—yeas 52, then I will yield to the chairman of the On the $2 billion that is in the bill, nays 46, as follows: committee, the President pro tempore. that is for first responders. That does The PRESIDING OFFICER. The Sen- not go to the same entities we are talk- [Rollcall Vote No. 6 Leg.] ator from New Hampshire. ing about in the Byrne amendment. YEAS—52 Mr. GREGG. First off, let’s remember That is the only point I want to make. Alexander Dole Miller we have dramatically increased the Mr. STEVENS. I agree it does not, Allard Domenici Murkowski Allen Ensign Nickles money in this bill by $2 billion which is but this money is going back in under the negotiations strategy we outlined. Bennett Enzi Roberts going back to the local police forces in Bond Fitzgerald Santorum this country. That is $2 billion. The I guarantee it is going back in, but give Brownback Frist Sessions Bunning Graham (SC) Byrne program is a good program, but us some leeway to deal with this bill. It Shelby is an enormous bill. Burns Grassley Smith it is a program that buys lights and Campbell Gregg Snowe Again, I move to table the amend- Chafee Hatch cars. It is a program that is used for Specter ment and ask for the yeas and nays. Chambliss Hollings basically the day-to-day operation of Stevens The PRESIDING OFFICER. Is there a Cochran Hutchison the police forces, and that makes sense Sununu sufficient second? Coleman Inhofe when we can afford it. Collins Kyl Talent At the moment, there is not a suffi- Thomas This bill is structured in a way so Cornyn Lott cient second. Craig Lugar Voinovich that we can stay at the seven-fifty Mr. STEVENS. I suggest the absence Crapo McCain Warner level. We expect the Byrne money to of a quorum. DeWine McConnell come back into this out of conference. The PRESIDING OFFICER. The NAYS—46 But as a practical matter, to get to the clerk will call the roll. Akaka Dorgan Lieberman seven-fifty level, we thought it was The legislative clerk proceeded to Baucus Durbin Lincoln more important to put $2 billion of new call the roll. Bayh Edwards Mikulski Biden Feingold money into the police agencies where Mr. REID. I ask unanimous consent Murray Bingaman Feinstein Nelson (FL) they needed it, which is in the area of that the order for the quorum call be Boxer Graham (FL) supporting their efforts to fight ter- Nelson (NE) rescinded. Breaux Harkin Pryor rorism. Byrd Inouye Reed The PRESIDING OFFICER. Without Cantwell Jeffords I yield to the Senator. Reid objection, it is so ordered. Carper Johnson Rockefeller The PRESIDING OFFICER. The Sen- Mr. STEVENS. Regular order. A Clinton Kennedy Sarbanes ator from Alaska. voice vote. Conrad Kohl Mr. STEVENS. Mr. President, this is Corzine Landrieu Schumer The PRESIDING OFFICER. The Stabenow the time when we ask both sides of the Daschle Lautenberg question is on agreeing to the amend- Dayton Leahy Wyden aisle to trust us. We took out a pro- ment. Dodd Levin gram we know is going to go back into Mr. REID. I ask for the yeas and NOT VOTING—2 this bill and put additional money in nays. Hagel Kerry another place because we know the The PRESIDING OFFICER. Is there a House will help us put it back in. This sufficient second? The motion was agreed to. will help save another portion of this Mr. REID. I ask for the yeas and nays Mr. STEVENS. Mr. President, I move bill that we support. on the underlying amendment. to reconsider the vote, and I move to We have done this for years. The The PRESIDING OFFICER. Is there a lay that motion on the table. other side has done it, too. We know sufficient second? The motion to lay on the table was what the House wants. The House At the moment, there does not ap- agreed to. wants this back in. We want to con- pear to be a sufficient second. AMENDMENT NO. 31, AS MODIFIED vince them the other money we have in Mr. STEVENS. I suggest the absence Mr. STEVENS. Mr. President, the here also is good. of a quorum. Senator from New York offered the I urge the Senate to give us the flexi- The PRESIDING OFFICER. The next amendment on which the yeas and bility to deal with this bill in con- clerk will call the roll. nays have been ordered. As I promised ference the way it is outlined. It is a The legislative clerk proceeded to last night as we wound up, we have re- very flexible bill. There are 11 bills in call the roll. viewed Senator SCHUMER’s amendment, 1 amendment. I guarantee it will sur- Mr. STEVENS. I ask unanimous con- and he has drafted a modified amend- vive. sent that the order for the quorum call ment which he will offer and which we I pledge it will survive, but also what be rescinded. will accept. will survive is another $2 billion we The PRESIDING OFFICER. Without I want to call to the attention of need for another program. This is part objection, it is so ordered. Senators that there are some of these

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.077 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1105 amendments that can be worked out, if nology if we are to fully secure our the port security bill and now provides we have a chance to work them out. We ports against the threat posed by weap- the funding without adding any addi- want to work with both sides of the ons of mass destruction. There are sim- tional funding. So I am glad we have a aisle to try to accommodate the desires ply not enough customs inspectors to compromise and look forward to seeing of Senators with regard to these 11 search every piece of cargo that comes this research proceed very quickly. We bills in one amendment. into the United States. We will need to cannot afford to wait. I yield to my friend from New York. have equipment that can scan large Mr. President, I yield back the re- The PRESIDING OFFICER. The Sen- cargo containers and detect explosives, mainder of my time. ator from New York. chemical and biological agents, and The PRESIDING OFFICER. The Mr. SCHUMER. Mr. President, I ask any other substance that could con- question is on agreeing to the amend- unanimous consent that Senators HOL- ceivably cause harm. We will also need ment, as further modified. LINGS, DORGAN, KENNEDY, GRAHAM of improved technology that will help of- The amendment (No. 31), as further Florida, BIDEN, CLINTON, and LAUTEN- ficials track, and keep track, of cargo modified, was agreed to. BERG be added as cosponsors of this containers from their point of origin to Mr. STEVENS. I move to reconsider amendment. their point of destination. Calling upon the vote. The PRESIDING OFFICER. Without our scientists and educators to develop Mr. SCHUMER. I move to lay that motion objection, it is so ordered. new security technologies is essential on the table. AMENDMENT NO. 31, AS FURTHER MODIFIED if we are to effectively wage the war on The motion to lay on the table was Mr. SCHUMER. Mr. President, I ask terrorism. Given the inadequacies that agreed to. unanimous consent to further modify we know exist in our port security, I do The PRESIDING OFFICER. The Sen- my amendment with the changes that I not believe that we can afford to wait ator from Alaska. now send to the desk. around to act. Senator SCHUMER’s Mr. STEVENS. Mr. President, it is The PRESIDING OFFICER. Is there amendment is critical to the future of my understanding the Senator from objection? maritime security, and I urge my col- West Virginia will offer an amendment. Without objection, it is so ordered. leagues to vote for its passage. I would like to inquire from my good The amendment (No. 31), as further The PRESIDING OFFICER. The Sen- friend if we could put a time limit on modified, is as follows: ator from Alaska. this amendment. (Purpose: To provide funds for research and Mr. STEVENS. Mr. President, we are The PRESIDING OFFICER. The Sen- development grants to increase security prepared to accept this amendment. ator from West Virginia. for United States ports) What it does is it dedicates moneys Mr. BYRD. Mr. President, if I may On page 719, strike ‘‘,’’ on line 14, and in- that are already in the bill to the con- respond to my friend, I am willing to sert the following: sideration of the process of developing enter into a time agreement. I think Provided further, That, of such amounts the system of detecting items in cargo that is good. I wonder how many of my provided herein, $150,000,000 shall be avail- vans as they come into our country. It colleagues will want to have 2 or 3 or 5 able for the Secretary of Homeland Security is a very vital subject, and we are minutes. I do not want to leave my pursuant to the terms and conditions of sec- pleased to work with the Senator from friends out of the equation. As far as I tion 70107(i) of Public Law 107–295 to award New York. grants to national laboratories, private non- am personally concerned, I could do I urge its adoption. with 45 minutes. profit organizations, institutions of higher I yield back the remainder of our education, and other entities for the support Mr. STEVENS. Mr. President, I ask of research and development of technologies time. The PRESIDING OFFICER. The Sen- unanimous consent that we have an that can be used to secure the ports of the hour on the amendment; 45 minutes for United States: ator from New York. Mr. SCHUMER. Mr. President, first, I the Senator from West Virginia, 15 (At the request of Mr. DASCHLE, the thank the Senator from Alaska, as well minutes for our side. following statement was ordered to be as the Senators from South Carolina, The PRESIDING OFFICER. Is there printed in the RECORD.) Washington State, and Arizona for objection? Mr. KERRY. Mr. President, I strong- their help. Mr. STEVENS. Is this the one on the ly support Senator SCHUMER’s amend- Let me explain it quickly to my col- across-the-board cuts? ment to add $150 million for port secu- leagues and how it is changed. As many Mr. BYRD. Yes. rity research grants to the omnibus ap- of you know, something I have felt Mr. STEVENS. Does the Senator propriations bill for fiscal year 2003. I very strongly about is the ability to wish to have no second-degree amend- cannot be here for the vote, but if I detect nuclear devices as they might be ments? were I would vote in favor of this smuggled into this country by terror- Mr. BYRD. That is fine, and an up-or- amendment. We passed a comprehen- ists, either on ships in the large con- down vote. sive maritime security bill at the end tainers or over the Mexican or Cana- Mr. STEVENS. We agree, no second- of the last Congress because in the dian borders. degree amendments and an up-or-down aftermath of September 11 it became The scientists at our energy labs tell vote. apparent that our Nation’s ports were us they can develop or perfect detec- The PRESIDING OFFICER. Is there vulnerable to terrorist attacks. Our tion devices much better than Geiger objection? bill provided for the creation of a port counters, which is the only detection Without objection, it is so ordered. security infrastructure that will sig- device we have now that can prevent AMENDMENT NO. 36 nificantly increase the level of security such devices from being smuggled in, (Purpose: to nullify all across-the-board re- at ports and maritime facilities across which could cause an unimaginable scissions contained in this joint resolution.) the country. However, the bill was not tragedy—if a nuclear device were Mr. BYRD. Mr. President, I yield my- funded through the appropriations smuggled into the country and ex- self such time as I may consume. And process and a funding mechanism has ploded. I send to the desk an amendment. yet to be been decided. The Schumer The original amendment added $150 The PRESIDING OFFICER. The amendment would immediately release million for research. Through the good clerk will report. grant money to laboratories and uni- work of the chairman of the Appropria- The assistant legislative clerk read versities for the research and develop- tions Committee, we have now simply as follows: ment of technologies which will help said that that money will come out of The Senator from West Virginia (Mr. detect the presence of chemical, bio- TSA. He has graciously agreed to pro- BYRD) proposes an amendment numbered 36: logical, and nuclear weapons at our Na- tect that in conference. I think it is a Strike title VI of division N. tion’s ports, something we addressed in happy compromise that solves the Mr. BYRD. Mr. President, the distin- the Maritime Security Act but have problem I have had getting research for guished Senator from Alaska has been yet to implement. this and the problem he has had mak- very gracious in proposing that I, as There is no doubt that we will need ing sure there are no new allocations. the author of the amendment, have 45 to develop new technologies and im- It tracks the language that Senator minutes and that he, the manager on prove upon existing detection tech- HOLLINGS and Senator MCCAIN put in the other side, have 15 minutes.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.009 S17PT1 S1106 CONGRESSIONAL RECORD — SENATE January 17, 2003 My hearing isn’t too good at this mittee last July, on bipartisan, unani- mer, but by including this 2.9-percent point. I am trying to clarify. mous votes, by $9.8 billion. Let’s see cut in domestic programs, spending Mr. REID. Mr. President, if I could how everybody votes today. will actually be cut overall by 1 per- ask the Senator from West Virginia to This shortsighted and arbitrary ceil- cent. It is also deeply troubling that yield. ing on spending forced Senator STE- some of this $11.4 billion across-the- Mr. BYRD. Yes. VENS to make dramatic reductions in board cut is being imposed on domestic Mr. REID. It is my understanding priority programs designed to defend programs to pay for increases in man- that on this amendment the Senator our homeland, educate our children, datory programs. from West Virginia would control 45 improve our transportation systems, The mandatory side of the Federal minutes and the Senator from Alaska and strengthen our law enforcement budget is going through the roof un- 15 minutes. programs. checked, going through the ozone The PRESIDING OFFICER. That is The legislation before us also in- layer, while the domestic programs correct. cludes a 2.9-percent across-the-board that are being funded through the an- Mr. BYRD. I thank the Chair. cut in all domestic programs. Get that, nual appropriations process are being Mr. President, let me thank my an across-the-board cut in all, not just squeezed—like I squeezed my grape- friend from Alaska again. He is, in some but all domestic programs. This fruit this morning. The domestic pro- Shakespeare’s words, ‘‘a man after my provision, buried in 1,052 pages of legis- grams that are being funded through own kidney.’’ He offers me three times lative text, will exacerbate the cuts the annual appropriations process are as much time as he intends to claim. that are already made in the bill. A cut being squeezed. What does that tell you? That tells you of 2.9 percent now, or $11.4 billion, in Approximately $4 billion of the $11.4 he is a very fair man. And it also tells domestic spending is no technical ad- billion across-the-board cut is included you he is very sure of his votes. We justment. in the bill to pay for increased manda- saw, yesterday, how well disciplined The President insisted that there be tory spending in Medicare, in assist- the Republican majority is. Every man, a vote on going to war with Iraq before ance for needy families, and for every woman, right down the line—no the election. He insisted that he must drought relief. While these are impor- variation, no veering off course— have that vote. The Republicans in- tant programs, should our veterans straight to the object, no matter what sisted that we must have the vote on have to pay for them with longer lines the contents of the amendment, no Iraq before the election so that the im- at hospitals and clinics? Hear me. I am matter what its attributes, votes it pending election would affect the out- asking you, the people out there who down. I say this with all due respect to come of that vote. I wonder why they are listening and watching through the Senator STEVENS. But he is sure of his didn’t say: Let’s vote on the 11 appro- electronic eye, I am asking you. I am votes, which indicates to me that the priations bills before the election, with asking my friends on the other side of other side has caucused, they have said the across-the-board cut of 1.6 percent the aisle, while these are important they are going to say no to every and then with the addition yesterday programs, should our veterans have to amendment we offer on this side. I re- of 1.3 percent, making a total of 2.9 per- pay for them with longer lines at hos- spect them and I admire them for their cent across the board. How would that pitals and clinics? How many pregnant discipline. have been before the election? How women and infants have fewer meals Now, Mr. President, to the amend- would that have been perceived before through the WIC program? How about ment. the election if we had this vote then? If that? The silence is deafening. After the election—remember the we could have only had the vote that is Should we fail to meet our commit- election, my friend from Rhode Island, about to come, if we could have had it ment to double the budget for the Na- who presides this morning over this before the election, what a difference tional Institutes of Health over 5 Chamber with a degree of discipline that would have made. years? I think not. And the Senate, and poise and aplomb that is so rare as Here we are now. This country is based on previous votes, thinks not. a day in June—after the election, the faced with a cut of 2.9 percent, or $11.4 Once we start down this road of pay- President of the United States threw billion, in domestic spending. This is ing for increases in mandatory pro- down the gauntlet and insisted that no technical adjustment. This is a real grams by cutting domestic funding, total discretionary spending not exceed cut. Nor can it be fairly characterized where will it stop? $751 billion. He said: That is it. That is as capturing the savings from agencies When I came to Congress more than the line. That is the mark. No more. operating under a continuing resolu- 50 years ago, I seem to remember that That far but no further. tion for 4 months. Don’t you believe the Appropriations Committees of the To meet this arbitrary target, Sen- that. The President’s budget for fiscal two Houses controlled something like ator STEVENS was forced to reduce the year 2003 was simply inadequate when 90 percent of the domestic spending 11 bills that were approved by the Sen- it came to critical domestic programs. programs. My memory is not infallible, ate Appropriations Committee last The President proposed to freeze do- but it was a tremendous figure over to- July, on bipartisan, unanimous votes, mestic spending, excluding homeland day’s. We have been hearing in recent by $9.8 billion. What a change. What a security, and last summer the Senate years that the Appropriations Commit- change a few months can make. Appropriations Committee approved, tees have control over about one-third These 11 bills were approved by the on a bipartisan unanimous vote, an al- of the total expenditures. Senate Appropriations Committee last location that provided just enough ad- Now what we are doing, with these July, when we had 15 Democrats, 14 Re- ditional resources, about $11 billion, to mandatory programs, you might refer publicans, and—to the man and to the cover the cost of inflation for domestic to them as backdoor spending. Con- woman—we had a bipartisan vote, a programs. Every Republican on the Ap- gress, and the Appropriations Com- unanimous vote, in support of these 11 propriations Committee voted for that. mittee, has absolutely no control over bills. And now, because the President Every Democrat on the Appropriations that. That change has come about in has drawn a line in the sand and sent Committee voted for that. my 50 years in Congress. Now what we the message to the Republican major- With those additional funds, the com- are going to do is pay for some of those ity: Cut it. Cut it—and we see the dis- mittee was able to restore essential mandatory programs with an across- cipline on the other side of the aisle— funding for programs that the Presi- the-board cut in discretionary spend- everybody is marching to the tune of dent proposed to cut, such as veterans ing. the President of the United States on medical care, highway funding for the Now, go back and face your constitu- that side of the aisle. So what he says States, education programs, the new ents. I wish we had this vote before the goes. He says: That far. It will go this No Child Left Behind law, Amtrak, and election. This is the vote we should far, and no further. State and local law enforcement. have had before the election. Once we All right. So to meet this arbitrary Now what a change. Now the Presi- start down this road of paying for in- target, Senator STEVENS was forced to dent has not only insisted on virtually creases in mandatory programs by cut- reduce the 11 bills that were approved eliminating the $11 billion increase ting domestic funding, where will it by the Senate Appropriations Com- that the committee approved last sum- stop? There will be no stopping it.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.012 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1107 There is only $385 billion of domestic and I say to the Senator—I am sure he know where the pennies will be coming funding for fiscal year 2003. We are is aware but I ask this question: Isn’t from, but they are going to be pretty talking about funding that is impor- this exemplary of the vicious cuts that scarce, that is sure. tant to 290 million people in this great are taking place in this legislation? At the same Intelligence Committee Nation. Are we going to pay for the Mr. BYRD. That is just one example, hearing, FBI Director Mueller, in dis- new prescription drug benefit with cuts and it is a shameful—not just a dis- cussing the potential for terrorist at- in domestic programs? Are we? There grace, it is a shame, a shame. This tacks in America, focused attention on simply is not enough domestic spend- across-the-board cut is not a careful certain high-risk sectors, such as ing in the entire budget to cover such choice. This cut would result in ham- transportation, energy, and agri- mandatory costs. handed reductions in veterans’ pro- culture. The FBI has sent warnings Let’s be sensible about this matter. grams, public health programs, edu- urging extra precautions in those sec- Let’s forget politics for a moment. An cation programs, and homeland secu- tors. Yet, this across-the-board cut across-the-board cut of 2.9 percent is a rity programs. Yes, this is a shame. would reduce funding for security at real, honest-to-goodness cut that would Mr. REID. I say to the Senator, the our nuclear powerplants by $18 million. change people’s lives across this Na- reason I mention this is it is descrip- This cut will result in a reduction of tion. Where do you stand? Go back to tive, exemplary of what they are doing more than $280 million in funding for your constituents, tell them where you to the American people under the guise the Transportation Security Adminis- stand. of fiscal conservatism. If this is ‘‘com- tration and the Coast Guard, two crit- What was the first question that was passionate conservatism,’’ then I don’t ical agencies whose mandates are to ever asked since the human race want any part of it. protect our airports and our ports. began? In reading the Book of Genesis, Mr. BYRD. If this is compassion, the A reduction of this size will require the first chapter, the first question shedding of tears means nothing. the Coast Guard to conduct fewer port ever asked was when God walked Where is the compassion when it comes security patrols and further degrade through the Garden of Eden in the cool to spending money to send our men and their efforts in the areas of drug inter- of the day, before the shades of night women overseas, with all of this big, diction, marine safety, and fisheries had fallen, and he was looking for loose talk that we hear, and we are patrol. Coast Guard ships will spend Adam and Eve. They had eaten of the spending money hand over fist. Nobody more time sitting at the dock for the forbidden fruit. suggests cutting a nickel or a dime lack of fuel, money, and operating I know some people think it is old- when it comes to putting money in the funds. fashioned to refer to the Holy Bible. I military. There is no across-the-board The Customs Service would have to don’t. Right there in that first chapter cut there. cut 1,600 positions, including agents and inspectors, at our Nation’s sea- of Genesis you will find the greatest The taxpayers elect us to make care- ports. Now this is serious. This is not scientific treatise that was ever writ- ful choices. So I thank the distinguished Senator for bringing out this just play money. This is serious. ten, giving the chronology of creation, The administration has continually and the scientists don’t dispute that inequity. The Women, Infants and Children stated that places of national interest chronology as it is laid down there. But have specifically been targeted by ter- God went through the garden and he Program, which provides essential sources and nutrition to millions of rorists for attack, and yet this arbi- asked: ‘‘Adam, where art thou?’’ Adam trary cut would reduce funds for the was hiding. He and Eve had gotten over low-income families, would be cut by $138 million. If food costs and program U.S. Park Police, resulting in approxi- behind some bushes. They were hiding. mately 35 fewer Park Police officers at Can you hide from God? They found demands continue to climb, this cut could mean that 224,689 eligible women, the very same time that the agency is they could not. But they were hiding beefing up its antiterrorism efforts at infants, and children could be turned over behind some bushes. God went our most visible national symbols, away from the WIC program later in through the garden and said: ‘‘Adam, such as the Statue of Liberty, the the year. where art thou?’’ I say to my friends, Washington Monument, and the Jeffer- you are going to be asked by the peo- At a time of heightened concern about the safety of our Nation’s food son Memorial. ple: Where were you? Where were you? With these additional cuts, total supply, the Food Safety Inspection Where were you when these cuts took funding in the bill for homeland secu- Service would be cut by $22 million, place? Where were you? rity programs would be reduced to less eliminating the salaries of 490 food Mr. REID. May I ask the Senator to than $24.4 billion. This is virtually a yield for a question? safety inspectors. freeze at the level for fiscal year 2002. Last fall, at an Intelligence Com- Mr. BYRD. Yes. At a time of heightened vulnerability mittee hearing, FBI Director Mueller Mr. REID. The Senator is aware, I am at home, the FBI will be losing agents, testified. He said: sure, that one of the groups being af- the Customs Service will be losing in- fected by these vicious cuts is Amer- I have a hard time telling the country that spectors at our ports, the Food Safety you should be comfortable— ican veterans. I was on a cable TV Inspection Service and the Food and show today with the Officers’ Associa- This is Mr. Mueller talking. The Di- Drug Administration will be losing tion and the Veterans of Foreign Wars. rector said that the FBI is focusing on food inspectors, and the Immigration They talked about the tremendous the threat of terrorists who would use and Naturalization Service will be los- needs of American veterans for health military action against Iraq as a pre- ing Border Patrol agents. care and other benefits. text to strike America. That is what he In addition, the resources to help Mr. BYRD. Yes. said. That is not what I am saying. State and local governments train and Mr. REID. Is the Senator aware that That is what he said. Yet, this across- equip first responders for potential ter- what they have done already is a $693 the-board cut would result in the FBI rorist attacks with biological, chem- million cut to American veterans’ losing 1,175 agents, including 188 agents ical, or nuclear agents will be cut— health care benefits? through attrition, 90 agents through that is right, cut—by 2.9 percent. Is Mr. BYRD. Yes. I am getting to that. current vacancies, 110 agents that were this any way to govern? I think not. I want Senators to answer the question requested in the fiscal year 2003 budget Environmental cleanup activities from their veterans, where were you? request, and 787 agents from the agen- would be cut by $203 million. Such a Mr. REID. Almost $700 million. cy would have to be laid off. cut would delay short-term cleanup Mr. BYRD. Yes, where were you? Yesterday, my friend, Mr. GREGG, the milestones at Hanford in Washington Mr. REID. Is the Senator also aware distinguished senior Senator from New State, Savannah River in South Caro- that in the Washington Post and all Hampshire, said in so many words, but lina, as well as in Idaho, in New Mex- over the country today there are sto- I think they all added up to this: The ico, in Nevada, in Ohio, in Kentucky, ries that in addition to these cuts, the FBI is flush with cash. Well, after this yes, and even at Rocky Flats in Colo- VA is going to cut veterans’ access fur- across-the-board cut, the FBI will be rado. ther? I think it is a disgrace to do to scrounging for pennies. How about that Let’s talk about the Head Start Pro- American veterans what this bill does, song, ‘‘Pennies from Heaven.’’ I don’t gram. The Head Start Program would

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.015 S17PT1 S1108 CONGRESSIONAL RECORD — SENATE January 17, 2003 be cut by $192 million, eliminating ceiving care now. We are cutting out take care of these and hopefully keep services for 2,722 children, adding to the increase that would have been the two basic programs, drought dis- the 2,800 children that the National available under the bills that were aster and election reform, and hope- Head Start Association claims would pending before the Congress last year. fully stay within the level we have be displaced by the President’s budget. As a practical matter, there may be agreed to try to achieve, and that is This cut would result in the elimi- some items where the programs had the $751.3 billion. nation of services to a total of 5,522 been ramped up because of a supple- Our goal is to cover these, and we in- children in fiscal year 2003. mental. We are working on the basis of tend to cover them within the bill The budget for the National Insti- the appropriated level of funds for 2002. without across-the-board cuts. I do not tutes of Health would be cut by $778 In some instances, the continuing reso- know if we can get there. We know the million, scuttling the plan to double lution does ramp up a little bit, as we House disagrees with a series of things NIH’s budget over 5 years. A 2.9-percent found out with regard to an item that that the Senate added. The Senate still cut would reduce VA medical care by was before us last night in the amend- has basic items above the President’s $692 million. How about that? This ment we dealt with just before we went budget request in most instances. So would result in 230,000 fewer veterans home. the House may want us to come down being treated and 1.8 million fewer vis- I do believe the Senator’s amend- on a series of those. We are going to its by veterans to outpatient clinics. ment, as I understand it, strikes the conference, and for the first time we Go to the veterans the next time you offsets. We are back at the question of will deal, through the full committee go home; go around your State and tell whether the Senate wants to discipline process, with 11 of the 13 bills, an enor- the veterans what you have done. Tell itself. We had no budget resolution last mous undertaking. them you have cut the money for their year. That was not the fault of any ac- The only way we can get the two clinics. Tell them you have cut the tion of the Appropriations Committee critical items to conference, in order to money for VA medical care. Tell those under the chairmanship of the Senator stay within our stated goal and dem- veterans, look into their eyes, tell from West Virginia or myself. We had onstrate that we are going to stay them we have cut their money. Yes, I no budget resolution. Had we had a within that goal to limit our expendi- voted to cut it. I voted to cut it. budget resolution, we would have had a ture to $751.3 billion, we provide for an Last year, though, I did not vote to level of discipline, and that is the ceil- across-the-board cut. I personally cut it. When we reported out those bills ing that had been established by the think it is going to end up somewhere last year, we supported it. So this budget resolution. around 1 percent by the time we are would result in 230,000 fewer veterans— The President sent a budget to the finished. let me say it again, 230,000—being Congress, and it was limited to $750.5 If there is not a 1-percent slush in treated and 1.8 million fewer visits by billion. We have before us a proposal every item in this budget, then I really veterans to outpatient clinics. that limits that to $751.3 billion behave not been here 34 years, going on This cut would also result in 236,000 cause the President submitted a subse- 35. These bills are estimates, and we veterans remaining on VA’s waiting quent request and amended his budget are reducing estimates by 1 percent in list to see a doctor because the VA for the fire program of $825 million. order to take to the President the final would not be able to hire additional Lacking any other basis for a level of bill at the level he sees fit to set. I staff to reduce the backlog of veterans discipline, after the election, Senator think it is a legitimate objective. waiting to see a doctor. These across- BYRD and I, Congressman YOUNG, and Again, if we were not in the process the-board cuts are simply not accept- Congressman OBEY got together and of dealing with the post-9/11 situation, able. They are real cuts. agreed we would hold the level of the if we were not in the process of build- If Senators care about health care for President’s $750.5 billion if we could get ing up to try to protect the interests of our veterans, if you care about home- the bills done at that time. We did not our country abroad and our allies in land security, if you care about the Na- get them done, and when we came terms of Iraq, if we were not dealing tional Institutes of Health, you should back, the President asked me to join with the problems in Korea, if we did support this amendment regardless of him and asked if I would continue the not have the problems we have political party; you should support this quest for a limit at that level of $750.5 abroad—they are all military in na- amendment. I urge Members to support my billion. He agreed at that time to give ture—we probably would not have this amendment to strike this arbitrary us the $825 million for the fire program. problem because we have already The offsets listed in title VI, which and ill-considered cut. passed the two bills, the military con- Mr. President, I reserve the remain- Senator BYRD would strike, are offsets struction bill and the Defense appro- der of my time. How much time do I that are necessary to achieve basically priations bill. have left? two things: One is the full funding for Even in this bill we have given the The PRESIDING OFFICER. Fourteen the amount that can be spent of the President an additional amount of 1 minutes. election reform bill in the 7 ⁄2 to 8 money for intelligence and activities Mr. BYRD. I thank the Chair. months that are remaining, a bill that with relationship to the problems I The PRESIDING OFFICER. The Sen- is absolutely necessary to be funded have mentioned, and we have empha- ator from Alaska. and put into place if we are to avoid, or sized the protection in training and Mr. STEVENS. Mr. President, I un- at least try to avoid the problems of equipment for our men and women who derstand the position of the Senator the election in the year 2000. This are in uniform. There is no question from West Virginia. However, I wish to would modernize the election system about that. That has strained the na- state the policy of this amendment throughout the country. This was a bi- tional budget, and it has led the Presi- that I have offered is that it does not partisan bill that was passed, and this dent of the United States to urge us to go below the level of the 2002 appro- is its funding. hold this level to $751.3 billion. priations that are the basis for the con- Secondly, the tremendous drought I urge the Senate to defeat the Sen- tinuing resolution is in effect now. disaster areas of the country demand ator’s amendment. I know across the I took the position if we went below help. We faced a problem of how to deal Senate, if this becomes final, people the funding level that is out there now with that, so we added the monies for are going to say this is going to be based on the 2002 level of appropriated drought and disaster to this bill and we down, that is going to be down, and funds, Members would say: Wait a offset it by an across-the-board cut in that is true. There are going to be minute, we are better off to continue all programs. some accounts that are not as high as on the 2002 level. The Senator’s state- That, again, is dealing with the basic we would like to have them, and as I ment about what was cut are cuts from problems of the country in a way that would like to have them, but there is the proposal we brought before, and I we will take these to conference, and going to be a budget the President will joined him in bringing that before the we hope to come out of the conference sign, and we can go on to the work of Congress last year. with a bill approved by the House, that 2004. We are not cutting any veterans. We the President will sign, that will not We are trying to get behind us the are not cutting out anyone who is re- exceed the $751.3 billion level but will problems of the last Congress. I really

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.017 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1109 feel very uncomfortable about the fact How ironic it is that as we send people Mr. STEVENS. Where does the Sen- that we are trying to pass 11 bills that to the Persian Gulf to fight for this ator get those figures? The FBI re- should have been passed by the last country and we tell those who are al- ceived $3.49 billion in fiscal year 2002 Congress, and I have been trying to do ready there we are going to cut them and this bill has $3.92 billion. Beyond it in a way that no one says who shot off; they are not going to have the that we provided $158 million in the John or why would we not pass them. medical assistance; they are not going FBI joint task force. Not one FBI agent In my opinion, one of the main reasons to get the care. will be fired. We will not increase, but is we did not have a budget resolution. I cannot begin to imagine how, in the not one will be fired. Where does the We did not have a budget resolution for name of fiscal discipline or anything Senator get those figures? a lot of reasons. else, so long as that huge tax cut is out Mr. REID. I say to my friend from In any event, we do not have one there, our colleagues on the other side Alaska, how he or anyone else can with now, and the only way I know to get could possibly rationalize advocacy for a straight face say you can do an this bill to conference is to insist upon a tax cut of that magnitude, leaving no across-the-board cut—‘‘across the maintaining the discipline that is re- millionaire behind, while we tell vet- board’’ means across the board, equal quired to show we are going to get a erans they are not going to get medical in every account in domestic discre- bill to the President that he will sign. services, while we tell the FBI, with all tionary spending—without money I reserve the remainder of my time. of its priorities, they are not going to being lost, and without people losing The PRESIDING OFFICER (Mr. have the kind of agent support for 1,175 their jobs, that is what it is all about. CHAMBLISS). The Democratic leader. FBI agents, we are going to eliminate These budgets, most of them, most Mr. DASCHLE. Mr. President, I will their jobs. every budget we have in the Federal use my leader time to talk to this How in the world, with all the dan- Government involves employee per- amendment. gers there are in food safety, can we sonnel. I compliment the distinguished Sen- say we do not need 500 food safety in- Where do the figures come from? ator from West Virginia for his amend- spectors today? They come from our staffs. This comes ment. I think this is one of the most That is what we are saying. That is from the staff of the Democratic lead- important amendments we will vote on what anybody is saying if they vote er. We can dwell on things other than in this entire debate. He is simply re- against Senator BYRD’s amendment. I the FBI, but the FBI is being cut. Take storing the across-the-board cut, as he hope people will rethink this. As I said, our word for it. These across-the-board indicated and outlined. We are now at this whole budget business that we are cuts are cutting into the very heart of a 2.9-percent across-the-board cut. facing now is bizarre. We cannot afford That 2.9 percent represents at least $16 these programs. He talks about food $6 billion for education. We cannot af- safety inspectors. Anyone voting billion, over and above the other $5 bil- ford $5 billion for homeland defense. YRD is saying food lion that was cut, a total of $21 billion against Senator B We cannot afford the money for 1,175 safety is not too important; we can do from discretionary accounts. FBI agents. But we can afford an We have done an analysis of what without approximately 500 food inspec- $89,000 tax cut for 226,000 millionaires. I tors. Anyone voting against Senator those cuts actually mean in real-life do not get it. I hope our colleagues will BYRD’s amendment is saying there is terms. Those cuts mean the elimi- follow the wise counsel and leadership going to be about half a billion cut nation of 1,175 FBI agents. There are of our colleague from West Virginia. with Housing and Urban Development, 1,175 FBI agents who will lose their Let’s vote for the Byrd amendment. which will mean 79,000 fewer families jobs if this cut goes into effect as it is Let’s put some sanity into the budget receive housing assistance. now proposed. process, into these appropriations bills To think you can take money from The FBI Web site lists 10 priorities. this year. across the board and take care of elec- The No. 1 priority is to protect the I yield the floor. tion reform and other programs with- United States from terrorist attack. Mr. REID. Will the Senator from out these programs being hurt is mys- The No. 2 priority is to protect the West Virginia yield me time? tical. United States against foreign intel- Mr. BYRD. How much time does the There will be a cut in the Customs ligence operations and espionage. The Senator want? Service. Already they are to the bare No. 3 priority is to protect the United Mr. REID. Six minutes. bone. I visited the Customs Service in States against cyberspace attacks in Mr. BYRD. I yield 6 minutes to the Las Vegas and I was astounded 5 years high-technology crime; No. 4, combat distinguished Senator from Nevada. ago how few people worked in the Cus- public corruption at all levels; No. 5, Mr. REID. I very much appreciate toms department in Las Vegas. In protect civil rights. our leadership laying out the problem. areas where they should have a lot of Which of these priorities will be sac- Yesterday, instead of the FBI losing Customs agents, there will be cut- rificed as a result of the loss of 1,175 the number of agents it is losing today, backs. It will be about 1,600 Customs FBI agents? Would we do that to the 1,175 agents, it was 800. Each day, more inspectors being cut back. This new cut military? Would we do it to the Na- FBI agents are lost because of this ri- means fewer agents at borders than tional Guard? Would we do it in any diculous procedure we are going prior to September 11. other context as we consider the war through. We worked very hard to ramp up the on terror and the need to fulfill our For my friend, and he is my friend, spending for NIH. Everyone should unconstitutional responsibility to protect the Senator from Alaska, who I care a derstand when they vote against Sen- and defend this country against all en- great deal about—I have served with ator BYRD’s amendment they are cut- emies, foreign and domestic? I do not him all my time in the Senate on the ting the NIH by 44 percent, including in think so. Why would we cut 1,175 FBI Appropriations Committee—for him to biodefense. agents at this time? say we are funding election reform out We estimate there will be about 2,800 We have had serious food safety of this, is that not good? It is money children deprived of early childhood issues over the course of the last dec- they are stealing from other accounts. education. This new cut on top of the ade. I was chairman of a Subcommittee Next, are they going to take care of original cuts in the Bush budget leaves on Agriculture when the whole E. coli prescription drugs by cutting off do- a total of 5,522 children without any crisis broke out. I can recall so vividly mestic discretionary spending? services. families talking about their children Anyone who votes against Senator This $137 million cut in WIC will being poisoned as a result of E. coli. BYRD today is voting against the FBI, mean 225,000 women, infants, and chil- Why? In part, because we did not have literally; 1,175 FBI agents will be elimi- dren will be left without nutritional enough food safety inspectors. This 2.9- nated. and health care services. percent reduction, this $21 billion, will Mr. STEVENS. Will the Senator The VA is about $700 million, which cut 490 food inspectors from our system yield on my time? will mean about 225,000 veterans with- today. We will have 490 fewer food in- Mr. REID. For a question? out medical services. spectors. This will cut 230,000 veterans Mr. STEVENS. Yes. I agree with Senator GEORGE who are now getting medical services. Mr. REID. Sure. VOINOVICH, my friend from the State of

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.019 S17PT1 S1110 CONGRESSIONAL RECORD — SENATE January 17, 2003 Ohio, quoted as saying just a few days of homeland security. I understand lost $100. We are talking about big in- ago ‘‘as far as the eye can see, I see what is going on. I understand the creases, funding the priorities. I con- red.’’ That is what this is all about. President has said, here is a marker; gratulate my colleague and urge my For my friend, my good friend, from you have to meet that marker. So he colleagues to vote no on this amend- the State of Alaska, to talk about this wants to cut spending in the FBI, the ment. is a difficult job, that is an understate- Customs, Veterans, Health and so on, The PRESIDING OFFICER. Who ment. That is an understatement to try in order to meet his marker. yields time? The Senator from Alaska. to come up with what they are doing. I But on the other hand, he says while Mr. STEVENS. Mr. President, fear is heard my friend from Alaska promise we are short of money and cannot fund a terrible quotient in the political one of my colleagues: we will take care what we intended for these funds, let’s spectrum. And the fear that an across- of it in conference. The House is quoted have a tax cut of $675 billion over 10 the-board cut might reduce the level of as saying they will have the bill less years. I don’t understand the priority spending today, spending under the than we have. It is magic that I don’t here. Either we have a homeland secu- 2002 appropriations level, is a great think exists congressionally. It is rity issue we need to respond to or we one. magic that I don’t think exists legisla- do not. But I can state to the Senate without tively. My colleague from West Virginia said equivocation, not one FBI agent will be I say to the Senator from West Vir- earlier today the head of the FBI told cut, not one will be lost. We have an in- ginia, thank you very much. This is us we are in as much jeopardy today as crease, again, of nearly $500 million in the vote of this bill. We are asking we were the day before September 11 the overall FBI level—rounded off a lit- they do away with the across-the-board with respect to the potential threat tle bit. We have another increase of cuts. If they want to spend more from terrorists. If that is the case, how $158 million for the Joint Terrorism money in these programs, get real can anyone say we cannot fully fund Task Force. An across-the-board cut to money—not funny money—because the needs we anticipated earlier with those two increases, $436.5 million for they are stealing from the American respect to the FBI, the Customs Serv- the FBI and $158.5 for the Joint Ter- people and trying to come up with a ice, and others? rorism Task Force, is about $80 mil- budget that is impossible and exists by I understand what is going on. I un- lion. That still represents an increase magic. derstand someone had to bring to the for those two programs. An across-the- Mr. BYRD. I thank the distinguished floor the President’s marker with re- board cut would not reduce the FBI at Senator. spect to spending, but it is not right to all—there would be no reduction. The How much time remains? do this across-the-board cut in order to Department of Justice would still re- The PRESIDING OFFICER. The Sen- meet that artificial level, especially at ceive an increase of well over a billion ator from West Virginia has 81⁄2 min- a time when the President says there is dollars after the across-the-board cut. utes. plenty of money for a $675 billion tax I have respect for my friend with re- Who yields time? cut over the next 10 years. In terms of gard to facing the problem of an Mr. BYRD. I yield 3 minutes to the priorities, that is the wrong priority across-the-board cut. It is an indis- distinguished Senator from North Da- for this country. criminate cut and that is why I don’t kota, Mr. DORGAN. Mr. STEVENS. I yield 2 minutes to like it. It goes across the board and Mr. DORGAN. This across-the-board the Senator from Oklahoma. says take from each account so much cut is not a good idea. We need to make The PRESIDING OFFICER. The Sen- money in order to achieve putting all the right investments in the right ator from Oklahoma. the items you want to take to con- agencies, to protect the American peo- Mr. NICKLES. Mr. President, I com- ference into conference. But remember, ple, especially with respect to home- pliment my friend and colleague from it is a mechanism to get to conference. land security. These across-the-board Alaska for his leadership on this bill. I I could eliminate all of the across- cuts are not the right thing to do. Ev- have great respect for the Senator from the-board cuts if I took out all of the eryone knows that. West Virginia, and he is very con- add-ons from that side of the aisle, or My colleague talked about the num- sistent in wanting to spend more take out all the add-ons from this side ber of veterans that will be affected money in this bill. He tried yesterday of the aisle, the Members’ requests. If with respect to the diminished vet- and didn’t win, so now he says, let’s the Senate wants me to do it, I will put erans health care, as well as the FBI. eliminate the reductions across the them in the RECORD. They total a con- My colleague from Alaska, for whom I board. The net impact of that would be siderable amount more than 2 percent have great respect, said we will in- $11.4 billion this year. You might say of the budget. crease that budget. That is true. But if that also would increase the base that Under the circumstances, to accuse this is a cut, it is a cut. It is a cut we put in the budget, so that would be me of some strange tactic by having an below the anticipated level of spending compounded every year, so this amend- across-the-board cut to accommodate in these areas. ment would cost at least $120 billion those requests, take them to the con- It has been said this morning that assuming no inflation—probably closer ference with the House and see how part of the reason for this is to give to $140- or $150 billion—over those much the House will allow us to add, farmers some help. Providing some years. for these Members to add, I think is a money to help farmers who have expe- I have heard my colleague say we are little duplicitous. rienced disaster is very important. But cutting the FBI. The FBI went from So before I am accused of cutting the we did that last year by a wide bipar- $3.4 billion to $4.1 if you add the two FBI or cutting milk for babies or some- tisan vote in the Senate and proposed a accounts together. thing such as that, keep in mind, if it $5.9 billion program on an emergency I heard my colleague say they are keeps up, I will not put them in. We basis. What is being proposed today, cutting the NIH. That went from $27.2 could take every one of them out with apparently—I read in the paper—is a billion and received a $3.8 billion in- just one single amendment. If the Sen- $3.1 billion proposition that will send crease. ate wants to do that, we wouldn’t have drought aid to farmers who never had a I just heard my colleague say we are any across-the-board cut at all. Take drought. I don’t understand that. What cutting the VA; we are hurting vet- the Members’ accounts out of this bill are we thinking about? Let’s pass the erans and veterans health care. Vet- and there will be no across-the-board disaster aid we passed last year for erans care went from $23.9 and received cut. family farmers on an emergency basis, a $2.6 billion increase, over a 10-percent I suggest the defeat of the amend- and then let’s deal with the spending increase. ment of the Senator from West Vir- needs we have in this country. Yes, for When people are saying we are hav- ginia. the FBI, for the Customs Service, for ing cuts and it is going to cost thou- (At the request of Mr. DASCHLE, the all of these agencies, especially those sands of jobs, it reminds me of some- following statement was ordered to be engaged in homeland security. body saying we are going to give you printed in the RECORD.) Yesterday my colleague from West $1,000. Then they say we changed our Mr. KERRY. I strongly support the Virginia talked about the importance mind, we are giving you $900—you just Byrd amendment to strike title VI of

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.022 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1111 division N from the omnibus appropria- the number of families that have worst the face of such sharply rising demand tions bill. Title VI includes a provision case housing needs has increased by 12 for VA health care? There are over which would impose a 1.6 percent percent, that is 600,000 more American 44,000 veterans waiting half a year to across-the-board reduction on all do- families that cannot afford a decent see a doctor in my home State of Flor- mestic spending. These cuts follow an and safe place to live. ida right now—this is unacceptable. earlier $9.8 billion reduction in domes- Despite the fact that more families The system clearly needs higher in- tic spending from the Senate Appro- are unable to afford housing, we have creases in funding, not decreases. priations Committee passed spending decreased Federal spending on critical Mr. President, it is also important to bills. Together, these cuts will reduce housing programs such as the Public point out that a vital segment of the domestic spending by more than $20 Housing Capital Fund, elderly housing, VA health system will receive a drastic billion and will force punitive cuts in and Public Housing Drug Elimination cut as a result of this proposal, VA re- veterans health care, housing, edu- Grants since fiscal year 1995. search. This program is invaluable not cation, homeland security, highway Earlier this month HUD also an- only to the veteran community, but to funding, Amtrak, the National Insti- nounced plans to dramatically reduce the Nation as a whole. VA research is tutes of Health, Head Start, WIC and the amount of funding available for the responsible for advances such as the CT other important national priorities. operation of public housing by up to 30 and MRI scans, the cardiac pacemaker, Today, we are not meeting our prom- percent. This would cost the city of and performing the first kidney trans- ises to our veterans. The Department Boston approximately $13 million in plant. The groundbreaking dynamic of of Veterans Affairs, VA, has consist- housing funding during fiscal year 2003. the VA research program also serves to ently received inadequate resources to This additional across-the-board cut attract leading researchers and physi- meet rising medical costs and a grow- would impose even further cuts in the cians to VA. Reducing funding for this ing demand for its health services. In operation of public housing. This is program is a true disservice to all November 2001, Secretary of Veterans simply unacceptable to those who de- Americans. Affairs Principi identified a $400 mil- pend upon housing assistance. On the benefits side, this is a true lion funding shortfall for fiscal year These are just two examples of the cut. The original Senate-reported 2002. As a result of this shortfall, more arbitrary cuts will be imposed on every amount of $992 million will be reduced than 300,000 veterans throughout the domestic program, many of which al- by $29 million. VA has been battling a country are on waiting lists for med- ready are inadequately funded. That is backlog of claims. It has been making ical care, and many must wait 6 why I strongly support the Byrd some progress. The VA Secretary has months or longer for an appointment amendment and urge my colleagues to set a goal of deciding new claims with- to see medical staff. Although Congress support it as well. in 100 days by the end of this fiscal provided $417 million for veterans Mr. GRAHAM. Mr. President, as the year. He will not meet his target with health care as part of the fiscal year now ranking member on the Com- this appropriation. As I said, FTE will 2002 emergency supplemental spending mittee on Veterans’ Affairs, I must be cut. There will be a hiring freeze. bill, passed in July 2002, the President make my fellow Senators aware of the While the Florida office is now doing agreed to spend only $142 million of the impact of the proposed across-the- slightly better than the national aver- approved funds. In addition to the fact board cut in the appropriations for the age, it still takes 155 days to process a that the VA health system must now executive branch for fiscal year 2003 on claim. In addition, the nationwide overtime overcome the severely inadequate the Department of Veterans Affairs authorized at various regional offices amount provided in fiscal year 2002, the and its ability to provide health care to process disability claims will be se- VA has also been operating at last and benefits to our Nation’s veterans. verely curtailed. Currently, each re- year’s funding level since the onset of Yesterday morning we were talking gional office is averaging 40 overtime the 2003 fiscal year in October. about a 1.6 percent cut, of which VA’s hours per month. This overtime pro- This funding crisis has forced the VA share would be over $424 million. But gram has resulted in a reduction in the health system to resort to short-term let me put that in context. That would pending claims backlog. An across- fixes, such as discontinuing outreach have meant that 125,000 fewer veterans the-board reduction in overtime will activities in an effort to reduce enroll- will be seen in VA’s hospitals, that 250 mean that veterans will have to wait ment and instituting new regulations benefits claims adjudicators would lose longer to have their claims reviewed. that require the rationing of health their jobs. And it would mean that a The accuracy in decisionmaking will care. Moreover, the VA has already re- hiring freeze would be in place across drop. We must restore funding before duced services at a number of facilities the VA. These cuts are being put into the backlog grows again to unmanage- throughout the country and has closed place at a time when there are 235,000 able proportions. some facilities altogether. It is crucial veterans waiting over 6 months for an As you all know, the veterans’ popu- for the VA to receive an increase in fis- appointment at VA. It takes an aver- lation is aging rapidly. We are losing cal year 2003 medical care funding pro- age of 200 days for a veterans disability over 1,200 World War II veterans per vided in both the Senate and House Ap- claim to be decided. But today we are day. While the VA is attempting to propriations Committee bills. Instead, talking about a 2.9 percent cut across make a special effort to adjudicate the Republican majority has decided to the board. VA has not computed what claims of veterans over the age of 70, impose an additional 1.6 percent reduc- this will mean to America’s veterans every day a veteran dies while his or tion to the already inadequate levels of yet. her claim is awaiting a decision. funding for veterans services. Let me be more specific, so that my I understand that there are many Today, our Nation is facing an afford- colleagues can understand the con- competing demands being placed on able housing crisis. For thousands upon sequence of this decision. The proposed the executive branch right now. But in thousands of low-income families with 2.9 percent cut would cost the Veterans a time when the White House can af- children, the disabled, and the elderly, Health Administration almost $695 mil- ford to offer a tax cut of $640 billion, privately owned affordable housing is lion of the $2.4 billion increase VA and in time when we are asking the simply out of reach. Recent changes in health care was slated to receive. The men and women in the military to go the housing market have further lim- VA–HUD Appropriations Committee back into harm’s way, can we really af- ited the availability of affordable hous- recognized VA’s dire need for health ford to turn our backs on them when ing across the country, while the care resources, and responded accord- they return from war? growth in our economy in the last dec- ingly in a bipartisan effort last year. Mr. BYRD. Mr. President, how much ade has dramatically increased the cost Meanwhile, VA announced just today time is remaining? of the housing that remains. that in light of rapidly rising numbers The PRESIDING OFFICER. The Sen- The Department of Housing and of veterans coming to VA for health ator from West Virginia has 5 minutes. Urban Development, HUD, estimates care and prescription drugs, they will The Senator from Alaska has 111⁄2 min- that more than 5 million American have to cut off enrollment for a certain utes. households have what is considered category of veterans. How can we pos- Mr. BYRD. Mr. President, if I may worst case housing needs. Since 1990, sibly consider cutting funding now, in have the attention of the Senator from

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.047 S17PT1 S1112 CONGRESSIONAL RECORD — SENATE January 17, 2003 Alaska, nobody has accused the Sen- Mr. BYRD. Yes. do that when we come out of con- ator from Alaska of anything that is Mr. HARKIN. It is more than the ference. We don’t believe we will have wrong, any underhanded tricks, any NIH’s entire budget, now get this, for to. tactics that are inappropriate. The research on prostate cancer, ovarian I really respect my friend from West Senator from Alaska is trying to do cancer, Parkinson’s disease, and mus- Virginia. But I am carrying the Presi- the bidding of this President. And the cular dystrophy all combined. dent’s torch, which is ‘‘remember the bidding of the President is we will take Mr. BYRD. Yes. deficits.’’ People on this side reminded an arbitrary figure. Mr. HARKIN. That is a real cut. The us of the deficits every day this last Here are Senator HOLLINGS and Sen- Senator from West Virginia is right, week. The President said: Remember ator GREGG and the members of their that is big. the deficits. Get a guideline. Take my committees—they work hard. They de- Mr. BYRD. And this amendment im- number for a guideline. I said: We will termine what is right for the FBI and pugns the good judgment of the Sen- do that. We will take your number, we for the other items in their budget. ator who is now speaking to me and his will take it to conference, and we will They make that determination based counterpart from Pennsylvania. hold it coming out of conference and on their hearings, based on the testi- Mr. HARKIN. Senator SPECTER. you will have a bill you can sign. mony that is educed from those hear- Mr. BYRD. Those two Senators have Mr. BYRD. Mr. President, the Presi- ings, based on common sense. These chaired that committee and they have dent says, ‘‘Remember the deficits.’’ I two Senators I have mentioned have worked hard. They have used their say remember the $1.6 trillion tax cut been in this business for a long time. good judgment based on the testimony that was enacted by this body and the They know what they are doing. and based on the facts. other body last year. I say, let us not Then to come along with an arbi- Mr. HARKIN. Precisely. enact a $670 billion tax cut that this trary figure—I am not accusing the Mr. BYRD. They are saying to these President and this administration is Senator from Alaska of anything. I two Senators and the members of that suggesting Congress pass. Tax cuts will would be the last to do that. If he subcommittee: Forget your experience, add to the deficit. wants to cut out the add-ons, let him forget your wisdom, forget what you This is where the deficit cuts lie. do it. He can cut out mine if he wants say. We are going to have an arbitrary These are not mere computational ex- and cut out his. We are not going to figure. It doesn’t mean anything; it is ercises. These are not mere budgetary play blindman’s bluff here. If you want just a figure. And you are going to suf- exercises. These are real cuts. These to, cut those out. Those add-ons are for fer. Your people are going to suffer— mean something to the people out the people we represent, for the instal- your people back home, my people. there in connection with their safety, lations in our home towns. We can de- It is unwise. It is unfair. It is unjusti- their health, their welfare, and the se- fend those add-ons. There is nothing I fied. It is unreal. And I say every Sen- curity of their homeland. I say, Sen- care about being secret on as to those ator in this body ought to think, ought ators, look in the mirror when you cast add-ons. to look in the mirror when he or she this vote. But what I am talking about here is casts this vote and be ready to go back The PRESIDING OFFICER. All time the fact that we are not exercising home and tell his constituents or her has expired. good judgment based on facts. What we constituents: I did it. Mr. STEVENS. Mr. President, I ask are doing is taking an arbitrary figure Mr. President, this record is going to for the yeas and nays. that is set by this administration follow Senators. The PRESIDING OFFICER. Is there a downtown, and the distinguished Sen- The PRESIDING OFFICER. The Sen- sufficient second? ator from Alaska is doing a good sol- ator has 1 minute. There is a sufficient second. The dier’s work. Mr. BYRD. I thank the Chair. I re- question is on agreeing to the amend- I would never complain about the serve my 1 minute. ment. The clerk will call the roll. Senator from Alaska. But I would say Mr. STEVENS. Mr. President, the The legislative clerk called the roll. to you, Mr. President, these are real Senator is entitled to his last minute. Mr. MCCONNELL. I announce that cuts. These are real cuts. And it is un- Let me tell the Senator about NIH. the Senator from Nebraska (Mr. wise to cut across the board. That is In fiscal year 2002, we had $23.45 billion. HAGEL) is necessarily absent. not the way to make cuts. That is not In this bill, we have $27.15 billion. That Mr. REID. I announce that the Sen- the way to reduce spending—across the is an increase of almost $4 billion. An ator from Massachusetts (Mr. KERRY) board. That is unfair. It is unwise. That across-the-board cut takes out about is necessarily absent. is what we are doing. $300 million. It does not reduce any- I further announce that, if present Mr. HARKIN. Will the Senator yield thing. and voting, the Senator from Massa- for a question? In my chairmanship—— chusetts (Mr. KERRY) would vote Mr. BYRD. Yes, I yield. Mr. HARKIN. If the Senator will ‘‘Aye’’. Mr. HARKIN. If the Senator will yield—— The PRESIDING OFFICER. Are they yield—— Mr. STEVENS. I am not yielding. In any other Senators in the Chamber de- Mr. BYRD. How much time do I my chairmanship, when I was chair- siring to vote? have? man before, we doubled NIH. I am The result was announced—yeas 46, The PRESIDING OFFICER. The Sen- proud of that. We have not reduced nays 52, as follows: ator from West Virginia has 2 minutes that level. We have increased it. [Rollcall Vote No. 7 Leg.] 50 seconds. No Senator on this side need fear we Mr. HARKIN. I will be brief. I just are cutting one FBI agent, taking one YEAS—46 want to buttress what the Senator is dollar away from the existing level of Akaka Dorgan Levin NIH, or taking one dollar away from Baucus Durbin Lieberman saying about real cuts. Listen to this. Bayh Edwards Lincoln Mr. BYRD. Save me 1 minute, I say anything. The guideline, again, was we Biden Feingold Mikulski to the Chair. kept the level of 2002 in every account. Bingaman Feinstein Murray Mr. HARKIN. The cut to NIH. We That is a continuing resolution. To Boxer Graham (FL) Nelson (FL) Breaux Harkin have worked hard here on a bipartisan reduce the level that they are traveling Pryor Byrd Hollings Reed Cantwell Inouye basis to double the funding in 5 years. on now would be wrong. We are in- Reid Carper Jeffords This is the last installment this year. creasing every one by passing those Rockefeller Clinton Johnson Sarbanes The cuts we now have before us will three bills. That is why we want to Conrad Kennedy cut $778 million out of the NIH. That is pass them. Corzine Kohl Schumer more than the entire budget for re- Look at them. You can go down these Daschle Landrieu Stabenow Wyden search on Alzheimer’s disease. Departments. Every one of them gets Dayton Lautenberg Dodd Leahy Mr. BYRD. Yes. some kind of increase because of the Mr. HARKIN. It is more than the fact we are going from 2002 to 2003. An NAYS—52 NIH’s entire budget for research on across-the-board cut takes less than 2 Alexander Allen Bond breast cancer. percent out of all of them, if we have to Allard Bennett Brownback

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.049 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1113 Bunning Fitzgerald Nickles unilaterally if necessary, to prevent of all the 11,707 men and women elected Burns Frist Roberts unsavory regimes from acquiring weap- to both Houses in the Congress exceed Campbell Graham (SC) Santorum Chafee Grassley Sessions ons of mass destruction is a flawed in- me. And here I am making a speech on Chambliss Gregg Shelby strument of foreign policy. what I consider to be important, and I Cochran Hatch Smith I am relieved that the administra- think it is very germane to what we Coleman Hutchison Snowe tion, despite North Korea’s alarming are talking about. We are talking Collins Inhofe Specter Cornyn Kyl rhetoric, appears to fully comprehend Stevens about the national defense of this Craig Lott Sununu the folly of a preemptive U.S. military country when we have this appropria- Crapo Lugar Talent strike on a nation which we believe is DeWine McCain tion bill up. We are talking about the Dole McConnell Thomas a nuclear power. expenditures for the military in this Domenici Miller Voinovich Mr. MCCAIN. Mr. President, I raise a bill. We are facing a situation in which Warner Ensign Murkowski point of order that the debate has to be we may be spending more and more and Enzi Nelson (NE) germane during the first 3 hours of the more money for the military. I thank NOT VOTING—2 consideration of the bill under the so- the Chair for the ruling. I am just Hagel Kerry called Pastore rule and that that be en- sorry I was interrupted on this matter. The amendment (No. 36) was rejected. forced. I would not interrupt the Senator from Mr. STEVENS. Mr. President, I move Mr. BYRD. Mr. President, the Pas- Arizona concerning germaneness on a to reconsider the vote, and I move to tore rule, as I understand it, has run its speech he maybe making at any time. lay that motion on the table. course. The Senator is talking about I would not do that. The motion to lay on the table was the Pastore rule. I will back up and then pick up where agreed to. Mr. MCCAIN. Mr. President, I ask for I was interrupted. I am relieved that The PRESIDING OFFICER. The Sen- a ruling from the Chair raising a point the administration, despite North Ko- ator from West Virginia. of order that during the first 3 hours of rea’s alarming rhetoric, appears to Mr. BYRD. Mr. President, I hope Sen- legislation it has to be germane to the fully comprehend the folly of a preemp- ators will listen. pending legislation. tive military strike on a nation which Rarely in recent memory has the The PRESIDING OFFICER (Mr. we believe is a nuclear power, and has United States faced more profoundly GRAHAM of South Carolina). The Sen- finally agreed to at least talk with the serious and complicated challenges to ator is correct that the Pastore rule re- North Korean government and to work our global leadership. We are beginning quires that debate be germane during with other nations in the region to- our second year of war in Afghanistan, the first 3 hours of consideration of the ward a diplomatic solution to the cri- our second year of chasing after Osama measure. sis. bin Laden, and at the same time the Mr. BYRD. Mr. President, this debate The situation in Iraq, however, ap- Pentagon is feverishly mobilizing for is germane. I have not finished my pears to be heading in the opposite di- possible war in Iraq. Meanwhile, North speech yet. I hope the Senator will rection. Iraq, which, by all accounts, Korea is firing up its nuclear produc- show me the courtesy that I would does not have nuclear weapons, and is tion facilities and warning of a third show him. presently the subject of scrutiny by world war in Asia if the United States Mr. MCCAIN. Mr. President, I raise U.N. inspectors, is under the heavy dares to interfere. the point of order that the debate is threat of a preemptive U.S. attack. The Suddenly large swathes of both the not germane at this time during the airwaves are awash with video snap- Middle East and Asia are on the brink first 3 hours of the debate. shots of brave young American soldiers of open warfare, and the conduct of The PRESIDING OFFICER. The Sen- bidding tearful goodbyes to loved ones. U.S. foreign policy is facing enormous ator is entitled under precedent to a re- When it comes to Iraq, America’s war tests. Even our allies are questioning minder under this rule. machine seems to be cranked up to a our real intentions and our ultimate Mr. BYRD. What is the Chair’s rul- fever pitch. This is going to cost ambitions. This is certainly not the ing? money, real money. We have talked time for rash words or hasty action, The PRESIDING OFFICER. Under about a 2.9 percent across-the-board but it is most definitely the time to the rule, Senator, you are entitled to cut here in domestic discretionary take a long and sober look at where the one reminder about the germaneness. spending. Nobody is saying anything United States has been and where it Mr. BYRD. Mr. President, there is about a cut in military spending, no. I may be headed. $3.9 billion in this bill in defense fund- am not advocating that. I want to face The administration’s doctrine of pre- ing for related activities. What I am up to the situation that confronts us. I emption and the testing of that doc- saying, I think, is very germane to want the American people to start trine in Iraq have thrust the United what we are talking about. The Sen- looking and listening to what is going States into a new and unflattering pos- ator from Arizona hasn’t shown me the on. ture on the world stage. courtesy of even hearing my speech. Ever since Congress voted last year In many corners of the world, Amer- Mr. MCCAIN. Mr. President, again I to hand to the President the power to ica the peacemaker is now seen as the ask for a ruling of the Chair. The re- decide—we did that; Congress did that bully on the block. I believe it is time marks the Senator from West Virginia over my obstreperous objection, vocif- for this administration to review our is making are in a manager’s amend- erous objection; Congress did that. national security strategy and its ment and not included in the present Twenty-three Members of the Senate take-no-prisoners approach to inter- bill. did not do that. Twenty-three Members national relations. In working through Mr. BYRD. Mr. President, I am decided to vote against handing this the complex process of developing speaking about the defense of this power over to the President, the power strategies to protect the world from country. This bill involves the defense to declare war. Ever since Congress terrorists and weapons of mass destruc- of this country. There is $3.9 billion in voted last year to hand to the Presi- tion, we must also work to restore the this bill for national defense. dent the power to decide why, when, image of the United States to that of The PRESIDING OFFICER. The Sen- how, and where we will wage war strong peacekeeper instead of bellig- ator from West Virginia, the Chair has against Iraq, the question of whether erent bully. ruled, is within the confines of the rule we should wage war has largely been Terrorism is a global threat and it and the topic in question is germane. overlooked. demands a global response. We must Mr. BYRD. I thank the Chair. It is past time to remedy that omis- seek cooperation, not confrontation. Mr. President, let me go back in my sion. Where is the debate on the wis- The contrast between the administra- speech and pick up where I was inter- dom of actually resorting to force? Is tion’s handling of the crisis in Iraq and rupted. I have been in Congress more that going to cost money? Where is the its handling of the crisis in North than 50 years. There have been 11,707 debate? How much is it going to cost? Korea is a perfect illustration of why a Members of the House and Senate since How many men and women in the doctrine that commits the United the Republic began. I am the fourth— Armed Forces are we likely to lose? States to the use of preemptive force, only three Members, men and women, What may happen here at home in the

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.008 S17PT1 S1114 CONGRESSIONAL RECORD — SENATE January 17, 2003 war against terrorism? Where is the ur- Iraq at least is going through the mo- Additionally, if we stay the current gency? Why not let the inspectors do tions of cooperating with the United course, thousands upon thousands of their job? Why are our allies backing Nations. Meanwhile, North Korea has American families will face a painful away? announced its withdrawal from the Nu- uprooting. Many of the men and Congress made a serious mistake in clear Non-Proliferation Treaty, threat- women who will be sent to Iraq are passing the open-ended use-of-force au- ened to resume missile testing, and de- members of the National Guard and thorization last year, but we only com- clared that U.N. sanctions will mean Reserve. Military officials have said pound that mistake by sitting idly by war. Yet the United States is mobi- that the activation of National Guard while the Pentagon draws up war lizing for war with Iraq while politely and Reserve troops for a war against plans—costly war plans—and sends our tiptoeing around the far more dan- Iraq could exceed 100,000. young men and women abroad. gerous situation on the Korean penin- The impact of such a large activation Now is the time for informed debate. sula. will reverberate throughout the Nation Here we are about to go out for a re- The President, in the same breath in communities large and small, in the cess. It is time for us to look at this that he assails Saddam Hussein, has small community of Sophia where I matter. It is facing us. Now is the time gone to great lengths to assure the have lived and where I have voted for for informed debate, and now is the world he has no intention of invading these many years. On January 7, the time for a public examination of where North Korea. Is it any wonder that our Charleston, WV, Gazette reported that we are headed and why. allies are scrambling to make sense of a speeding motorist raced through The President has stated repeatedly America’s foreign policy? Is it any three tollbooths and drove more than that he has not decided whether to in- wonder that the new image of the 75 miles on the West Virginia Turnpike vade Iraq. We must take him at his United States has caused turmoil and before any State troopers were avail- word. It is my hope that he will not puzzlement even among our staunchest able to pursue him. The problem? The rush to judgment. The situation de- allies? State Police force is suffering a severe mands a careful and thorough examina- I am sure many of our friends around shortage of troopers. The fear? The sit- tion of the views of our allies, the costs the globe wonder why diplomacy can uation will get much worse if the 51 in money, the costs in lives, the risks remain an option with a regime as West Virginia troopers who are also before any final conclusion that war is treacherous and threatening as North members of the Guard and Reserve are the only recourse. Korea and yet can be taken off the called up for duty. Congress must be part of that debate. table when it comes to a much weaker This problem is not unique to West The United Nations must be part of Iraq. I wonder if the administration Virginia. According to the Charleston that debate. A vote taken last fall has calculated enough the ramifica- Gazette, law enforcement agencies should not constrain Members of Con- tions of a military solution in Iraq not across the nation, whose members are gress from reevaluating the situation only in terms of dollars, but also in heavily represented in the Guard and in light of recent developments. How- terms of bloodshed and hardship in the Reserve, are worried about the impact ever bad it was—and it was very bad, I Middle East and terrorist attacks here of a war on their ability to protect the think—the use-of-force resolution at home. public. And law enforcement will not passed by Congress last October did not What is the message we convey to be the only profession to be affected by impose an oath of silence on Congress the world if we are eager to apply a a Reserve call-up. Members of the or on the American people. It did not doctrine of preemption on those coun- Guard and Reserve are not just part- prohibit the continued questioning of tries with limited ability to defend or time soldiers—they are also full-time the administration’s decisions with re- counterattack and yet waffle over a members of their communities, holding gard to Iraq. This may be difficult to preemptive response to dangerous re- key jobs. Policemen, firefighters, para- do when the war drums are beating, but gimes with the firepower to get back? medics, doctors, nurses, teachers— that is sometimes the uncomfortable Are we not, in effect, saying that nu- their professions run the gamut, and role of the true patriot. clear weapons and long-range missiles their absences when on active duty Mr. President, without so much as a can provide small countries with an in- leave significant voids for those left be- whisper of debate, our Nation is actu- surance policy against a U.S. preemp- hind. ally mobilizing to attack a sovereign tive strike? The unanticipated result of America will be at great risk of ter- state before U.N. weapons inspectors this doctrine of preemption may be to rorist attack—we are told—if we in- have even made serious headway in unleash a global scramble to acquire vade Iraq. Shortages among the ranks their work. Is this what the policy of the means to deter the United States of health and public safety profes- preemption means: That we preempt from unprovoked attacks. We could be sionals diverted from their civilian evidence and move to attack based on at the brink of a new type of arms race, jobs to go to war with Iraq will leave suspicions? unleashed by fear of a preemptive U.S. Americans with a perilously thin mar- The administration’s new policy of strike. gin of protection at home just when preemption has repercussions far be- There are many risks to an incon- they are likely to need it most. yond Iraq. Other nations are watching sistent foreign policy that, in some We must not be in a rush to initiate what we are doing. North Korea is one cases, threatens the use of force as a war against Iraq. Saddam Hussein is of those nations. Even Brazil is re- first response and, in other cases, takes certainly in no position to launch a ported to be contemplating the devel- military action off the table entirely. strike against the United States with opment of nuclear weapons as an insur- Our national treasure will be increas- thousands of our troops massed on his ance policy against possible attack. ingly poured into bullets and bombs at doorstep. Iraq will not be able to re- Iraq and North Korea are both char- a time when homeland security is an build its ailing military in the coming ter members of the President’s infa- equally pressing concern, or even months or to covertly produce weapons mous ‘‘axis of evil,’’ and yet at the greater concern. Our efforts to preach of mass destruction under the watchful same time that the President is turn- peace and restraint as a solution to the gaze of the U.S. military and the U.N. ing the heat up on Iraq, he and his ad- Israeli-Palestinian conflict will be sab- weapons inspectors. Today’s headlines ministration have been vigorously otaged by our own our own foreign reveal that the UN inspectors discov- downplaying the crisis in North Korea. policies. American citizens at home ered a cache of empty chemical war- Iraq has at least allowed U.N. weap- will face an increased threat at the heads in an ammunition dump. Who ons inspectors into the country. North hands of terrorists lying in wait for the knows what tomorrow’s inspections Korea threw them out. Iraq, to the best chance to cripple our economy and de- may uncover. Where is the urgency of our knowledge, does not currently rail our war machine, and we will be that would drive us to preempt the in- have nuclear weapons. North Korea, on increasingly hard pressed to prevent spectors before they have adequate the other hand, has brazenly admitted terrorist destruction because our re- time to fulfill their mission. While that it is working to develop nuclear sources will be sucked up—sucked up— there is dwindling international sup- weapons, and there is evidence that it by the war machine that now drives port for using the initial findings of the already has some nuclear capability. our foreign policy. U.N. inspectors as a trigger point for

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.055 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1115 invasion, there is great support for the The second important date on the preemption; initiate a return to the overall United Nations arms inspection near horizon is January 28, when Presi- peace table in the Mideast; and go back program. Saddam Hussein is politically dent Bush is due to deliver his State of to the United Nations for a final en- isolated, and the world is virtually the Union message. The dueling crises dorsement before we decide whether to unanimous in supporting the disar- in Iraq and North Korea are grim re- unleash the deadly dogs of war. mament of Iraq. I support that disar- minders of his last State of the Union I yield the floor. mament. speech when the President branded The PRESIDING OFFICER. The gal- To act precipitously now, however, those nations and Iran an ‘‘axis of leries will refrain from making any without the full support of our friends evil.’’ outbursts. and allies, could cost the United States The President’s rhetoric that evening The Senator from Arizona. dearly in the long run. Already, some was colorful, but events have proved AMENDMENT NO. 44 of our strongest allies in the region, that it was not wise. I note that the (Purpose: To strike section 211 of Division B) most notably Turkey, must chafe at President is now saying that he is Mr. MCCAIN. Mr. President, I send an U.S. pressure to join in the war on Iraq. ‘‘sick and tired’’ of Saddam Hussein. amendment to the desk and ask for its According to a recent survey by the That is just the type of rhetoric we do immediate consideration. nonpartisan Pew Research Center, 83 not need at this volatile time. It only The PRESIDING OFFICER. The percent of Turks oppose allowing U.S. adds to our image of bellicosity. Presi- clerk will report the amendment. forces to use bases in their country to dent Bush must resist any urge to per- Mr. MCCAIN. While I am waiting for attack Iraq. And yet our war plans call sonalize our foreign policy and tone the clerk, I mention that I was told by for the stationing of as many as 80,000 down the supercharged public rhetoric the distinguished manager of the bill after the last vote that I would be rec- U.S. troops in Turkey. In Europe, the which has been flying around for ognized for the next amendment. That same poll found that large percentages months. Whether George Bush is ‘‘sick did not happen. In the aspect of senato- of the population believe that U.S. de- and tired’’ is not the issue. Whether rial courtesy, I believe I have been sire to control Iraqi oil is the chief rea- ROBERT BYRD is sick and tired is not given assurances that I would propose son that we are considering attacking the issue. It must not be perceived as the next amendment. It is clear we are Iraq. These perceptions can only serve the President’s reason for sending on Friday at 12:30, and we have addi- to undermine our global influence in American men and women to shed tional amendments, some 40 or 50 the years to come. If the U.S. can seize their blood in the hot sands of Iraq. amendments, that will require recorded Iraq for its oil, what other nation America must not be viewed globally votes. I think it is important at this might it decide to conquer? These as a reckless power which views the time we move forward. thoughts must be on the minds of those world in terms of simply flattening the I intend to be brief in my description who question our new and belligerent opposition. We must not continue to of this amendment and ask for the yeas foreign policy. brandish our awesome military might, and nays at the appropriate time. I The possibility exists that the crisis walk away from treaties and coopera- have an amendment at the desk and in Iraq can be resolved without a shot tive agreements, and ignore nuances ask for its reading. being fired. With more time and in- and sensitivities. The assistant legislative clerk read creased diplomatic efforts, there is a We are losing friends all around the as follows: chance that Saddam Hussein could be world, and that is extremely risky The Senator from Arizona [Mr. MCCAIN] peacefully forced into exile. But first, business in an age of globalism and ter- proposes an amendment numbered 44. the fever pitch of war rhetoric often rorism. A great nation should not have Beginning with line 12 on page 138, strike heard from this White House must sub- to rely solely on the force of its armies through line 14 on page 141. side. If we fancy ourselves a super- to inspire the world’s admiration. A Mr. MCCAIN. Mr. President, this power then we must behave as a super- great nation should inspire other na- amendment would strike section 211 of power, with confidence, with wisdom, tions by the example it presents to the division B of the resolution. What sec- and with dignity. world. tion 211 of division B does is pretty in- Some very important dates are fast The doctrine of preemption is likely credible. It would give the still-to-be approaching. The first is January 27, to cause us trouble far into the future. created subsidiary of the Malaysian- when the United Nations weapons in- Labeling whole countries as ‘‘evil’’ in- owned ‘‘Norwegian Cruise Lines,’’ spectors are due to present to the Secu- vites a response and risks arousing owned by Malaysia, the exclusive right rity Council their first formal assess- hatreds and passions that are best left to operate foreign-built cruise vessels ment of Iraqi compliance with U.N. dis- sleeping. in the domestic cruise trade. armament demands. Their interim re- Setting the United States up as the Effectively, the provision would port, delivered to the Security Council ultimate judge of good and evil, with allow Norwegian Cruise Lines, which on January 9, confirmed that Iraq’s the right to preemptively strike any bought the pieces and parts of two weapons declaration was incomplete nation which might pose a threat in ‘‘Project America’’ cruise vessels fol- and insufficient, but the inspectors the future, is the fastest way one can lowing the bankruptcy of a company also reported that they have found no imagine to make us not only feared but called American Classic Voyages, to in- ‘‘smoking guns.’’ also universally hated. corporate these parts into large cruise I was heartened by Secretary of When one considers that a single vessels that would be constructed in State Colin Powell’s statement that, angry person in a crowd with a vial of foreign shipyards. Then, notwith- despite indications to the contrary, some dreadful, active virus is the standing the Passenger Vessel Services January 27 is ‘‘not necessarily a D-Day equivalent of billions and billions of Act, the provision would allow the Nor- for decision-making.’’ We must give dollars worth of U.S. military might, it wegian Cruise Lines to flag these ves- the inspectors adequate time to con- becomes clear that we are making the sels as if they were U.S.-built vessels duct a thorough search. While the wrong choices on the foreign policy and operate them in the domestic White House continues to assert that front. trade—guess what—requiring service in Saddam Hussein possesses weapons of When tensions across the globe are so Hawaii. The provision also allows the mass destruction, it is important to high, the President would be prudent Norwegian Cruise Lines to bring over a note that the United States has just to measure his words carefully and re- third foreign-built ship to operate in begun to share key intelligence infor- iterate for all the world to hear that he the United States of America, in direct mation on the Iraqi weapons program has not yet decided to attack Iraq, that violation of existing law. with the U.N. inspectors. It will take he will fully engage in diplomatic solu- As many of my colleagues know, I time to pursue those leads. Even our tions to the North Korean crisis, and am no fan of the protectionist laws staunchest allies, including Great Brit- that the United States will seek not to that require domestic cruise ships to be ain, are urging the U.S. to slow down initiate war but to apply the soothing U.S.-owned, U.S.-built, U.S.-flagged, on Iraq and let the inspectors do their balm of patience to an anxious world. I and U.S.-crewed. However, I strongly work. The January 27 report is the call upon this Administration to cool object to waiving these laws for only first, not the final, step in that process. the rhetoric; reevaluate its doctrine of one foreign-owned company.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.057 S17PT1 S1116 CONGRESSIONAL RECORD — SENATE January 17, 2003 These proposed vessels have a long Guess what? The project did fail. broad section of the U.S. maritime in- and sordid history. The pieces and Project America resulted in the U.S. dustry and all of our Nation’s ports. In parts that NCL will build into cruise Maritime Administration paying out order to spur such a debate, I offered ships have cost the American tax- over $187.3 million of the American tax- that amendment to simply strike the payers close to $200 million dollars. payers’ money to cover the loan de- special interest provisions in the omni- Again, these parts were bought fol- fault for this project, and recovering bus bill. We can do better than this lowing American Classic Voyages’ only $2 million from the sale of some of provision. bankruptcy, which had begun construc- the construction materials and parts. Let me just give a couple of quotes tion of two vessels in Ingalls Shipyard But now, the provision in the Omnibus from the media, this one from the New in Mississippi after securing loan guar- is built around the scraps of that hor- York Times, June 18, 2002: antees from the Federal Government ribly failed pork project, which would CRITICS CHRISTEN SHIP PROJECT AS AN OFF- through an intensive lobbying effort. now go into the new venture. COURSE U.S.S. PORK. Let me provide some history of Like ‘‘Project America,’’ the provi- Two years ago, with waving flags and hula American Classic Voyages’ ‘‘Project sion in this omnibus bill singles out dancers swaying, the government announced America’’ for the record: The project, one company; this time it is Norwegian an ambitious program to build two passenger which was to consist of the construc- Cruise Lines, for preferential treat- cruise ships—the first in a United States shipyard since the 1950’s—and provided more tion of two large cruise ships in the ment, and gives that company privi- than $1 billion in loan guarantees to get the United States, received considerable leges enjoyed by no other. There has program going. political support over the last several been no analysis, no discussion, no It did not hurt that the ships were to be years. This political support translated hearing, no debate on the value of built in the Pascagoula, Miss., shipyard into language being included in the De- granting an exclusive exemption for where the father of Trent Lott, the Repub- partment of Defense Appropriation Bill this one foreign-owned company—ex- lican Senate minority leader, once worked. for FY 1998 that granted a legal monop- clusive exemption from the Passenger As a result, Senator Lott became one of the oly for its owner, American Classic Vessel Services Act. strongest supporters of the program, which was named Project America. Voyages, to operate as the only U.S. Over the last several years, I have Today, the project is being derided as an flagged operator among the Hawaiian worked with all sectors of the mari- example of political pork gone wrong. What islands. In March of 1999, the contract time industry to look for solutions remains of Project America is an unfinished for Project America was signed with that would provide for a healthy U.S.- hull the size of two football fields and pieces great fanfare in the rotunda of this flagged cruise ship industry calling on for a second ship lying around. The hull is very building. ports nationwide. While these efforts not floatable; it has neither a completed bow Intense lobbying also created the po- have not come to fruition, I am com- or stern; and its future is in doubt. The price litical pressure that helped secure a mitted to continuing this work. But to the government for the failed project is $187 million—money the government is try- $1.1 billion loan guarantee from the those efforts will be, and should be, ing to recoup by putting the half-finished U.S. Maritime Administration’s taken in the committee charged with hull on the market. (MARAD) Title XI loan guarantee pro- this responsibility, the Committee on By the way, they did put it on the gram for the construction of these two Commerce, Science, and Transpor- market. They sold it for $24 million, of vessels—which is, by the way, the max- tation. which the American taxpayer got $2 imum allowable amount. The author of this language is a million—1, 2—$2 million, in return for a Within the first year of construction member of the Commerce Committee, $187 million default. on the first of these cruise ships, the and a valued one. I strongly urge him How can we come to this body and project was a year to a year and a half to bring this issue on the agenda of the tell them that we ought to do anything behind schedule. Both American Clas- Commerce Committee and maybe we but leave this issue alone for now? sic Voyages and Northrop Grumman can work this out, rather than tucking Haven’t we done enough damage to the Corporation—Ingalls Shipyard’s parent it in as a provision, without any de- American taxpayers? Isn’t a $187 mil- company—were crying foul over con- bate, without any discussion, without lion default enough? struction problems and months of non- any authorization at any time, in di- This dismal reality only confirms the binding mediation over contract dis- rect violation of existing law. It is a di- worst fears of the project’s critics—and is a putes. rect violation, an exemption from ex- far cry from the high hopes of those who On October 19, 2001, American Classic isting law, the Passenger Vessel Serv- backed it. Critics, who call Project America Voyages filed a bankruptcy petition ices Act. corporate welfare, say it shows the dangers under Chapter 11 of the U.S. Bank- Any proposed legislation from the lurking behind the tens of billions in loan ruptcy Code. The petition listed total Commerce Committee will be crafted guarantees the government has extended to an array of businesses, among them airlines, assets of $37.4 million and total liabil- in an open and inclusive manner, not the housing industry and American export- ities of $452.8 million. The cruise line behind closed doors as appears to have ers. said in its petition that it has more occurred with section 211. ‘‘This has turned into a corporate welfare than 1,000 creditors, including the Aside from the procedural concerns I debacle.’’ American taxpayers being represented have, section 211 is fundamentally un- * * * * * by the Department of Transportation. fair. I firmly believe what is good for The Maritime Administration’s loan pro- Had the Project America vessels been one corporation is good for all. Section gram is intended to support domestic ship- completed, they would have been the 211, however, would create an uneven yards by guaranteeing the debt issued to fi- largest cruise ships ever built in the playing field for cruise operators and, nance commercial ship construction. Last United States and could have sparked a depending on how the language was in- year, the agency guaranteed $362 million; in 2000, $885 million. new phase of commercial shipbuilding terpreted, also would create an uneven When a project fails—as happened after in this country. playing field for States by requiring American Classic’s bankruptcy filing—the Mr. President, none of that occurred. these vessels to operate only in Hawaii, government steps in to pay off the debt- The failed project is one of the most leaving most coastal States with no holders. costly loan guarantees ever granted regular U.S.-flagged cruise ship serv- You know, the interesting thing under the Maritime Loan Guarantee ice. about this, too, this outfit that started Program. I questioned the merits of Following on the heels of the failed this Project America, is there is a bil- the ‘‘Project America’’ at the time the attempt by American Classic Voyages lionaire who operates a casino—river- special legislation was considered and to build a large cruise ship in a U.S. boat. He is a billionaire. He didn’t lose went so far as to introduce an amend- shipyard—an effort driven by lobbyists any money on this deal. He didn’t lose ment to the FY 1998 Department of De- and special interests—I believe further any money. The American taxpayer fense Appropriation Bill to remove the efforts to expand the U.S.-flagged did, because it was so well crafted, monopoly language. Based on the infor- cruise ship fleet should be accom- thanks to special interest lobbying, mation available at the time, I be- plished through the normal legislative that the only exposure was to the lieved then that the project was more process after debate and open examina- American taxpayer—$187 million likely to fail than to succeed. tion. Any solution should benefit a worth.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.012 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1117 It will be argued that September 11 of where they are built—then the U.S.-flag cruise industry. As some of was the cause of the downfall of this amendment should be expanded to our colleagues know, the large ocean- magnificent project. allow foreign-built cruise vessels to op- going cruise ships, so familiar in Even before Sept. 11, Project America had erate under the U.S. flag in all the do- Miami and other United States ports, run into trouble. It had fallen behind sched- mestic cruise ship markets in order to all operate under foreign flag. This ule and was far over budget. As a result, Nor- increase the alleged economic benefits may be a startling fact when one con- throp Grumman, which owns the shipyard, that would result from U.S-flagged siders that after the Second World War, took a $60 million write-off from it and cruise vessels. U.S. flag ships carried some 80 percent American Classic lost $100 million. The yard As far as military preparedness goes, of the world’s ocean borne cargo and itself will continue to make and repair Navy vessels. we don’t need to even bother to discuss most of America’s seagoing passengers. ‘‘The project was behind schedule and mil- that. Today, in stark contrast, less than 4 lions in the hole,’’ said John Graykowski, The proposed amendment will benefit percent of all the world’s international former administrator of the government’s the U.S. economy. It has really bene- cargo moves on ships flying the U.S. shipbuilding program. ‘‘The terrorists’ at- fited the U.S. economy a great deal so flag, and not a single large oceangoing tack masked this reality and perhaps al- far. passenger cruise ship in the world oper- lowed the emperor to maintain his mod- The proposed amendment does not ates under U.S. registry. esty.’’ perpetuate the Project America mo- The enactment of what has become So any argument that it was Sep- nopoly. As drafted, the provision cre- known as the ‘‘Project America’’ legis- tember 11 that caused this porkbarrel ates a de facto monopoly for one com- lation more than 5 years ago was in- project to fail is simply not in compli- pany in the Hawaii cruise trade, argu- tended to reestablish a U.S.-flag cruise ance with the facts. ably in the U.S. coastal cruise market. ship industry. The benefits of creating There have been a lot of articles No other company under this proposal, a U.S.-flag cruise ship industry have written. There probably should have under this legislation, can operate for- long been obvious. Such an industry been more because of the incredible eign-built, U.S.-flagged—can, under would maintain America’s prepared- loss to the American taxpayer of $187 this proposal, operate U.S.-flagged, for- ness for a national emergency by devel- million—sorry, $185 million; we got $2 eign-built cruise vessels in the Hawai- oping a pool of qualified seafarers, help million back. ian market or any other market. It is sustain a fleet of U.S.-flag vessels to So now here we go. We take an omni- totally unrealistic to believe another support our military vessels and a mar- bus appropriations bill of $400 billion company will be able to secure financ- itime industrial base for times of na- and we stick into it a little amendment ing to build a vessel in the United tional emergency, create tens of thou- that violates existing law, protects a States for operation in the Hawaii sands of seagoing and shoreside Amer- Malaysian—gives a special break to a cruise trade in direct competition with ican jobs, and stimulate the develop- Malaysian-owned Norwegian Cruise the foreign-built, U.S.-flagged cruise ment of a U.S.-flag cruise ship tourism Lines, and we are supposed to sit back vessels that would be authorized to op- business with commensurate benefits and accept that. I don’t think so. I erate under this provision with far less to the U.S. tax base, the U.S. economy, don’t think so. Didn’t we learn a lesson capital investment. and U.S. employment. last time, when Congress got involved, I will be glad to engage in more de- These were among the guiding prin- when there were a few of us who said: bate on this issue. This was a terrible ciples and objectives of our legislative Wait a minute, wait a minute, this is thing we did to the U.S. taxpayers back efforts to restore a U.S.-flag cruise ship crazy; this is just crazy? in 1998 under a process that I have ve- industry through the Project America How many millions of Americans’ hemently and strongly resisted because legislation in 1997. Under the terms of taxpayer dollars do we have to spend of these very circumstances. Provisions that legislation, the re-flagging of one before we stop this kind of activity? are inserted in appropriations bills foreign-flag cruise ship was permitted There are a number of other aspects without hearing, without authoriza- contingent on the operator contracting of this issue. The proposed amendment tion, without scrutiny. for construction of two new U.S.-built will achieve the completion of Project Then some of us have to come to the cruise ships—the first such vessels to America. My response to that—when floor and object to them without full be built in the U.S. in more than 40 Project America’s earmark was pushed and certain knowledge of the issue. years. through in 1998, the proponents alleged I promise you that if I had known for The project, while proceeding with that the goals were to develop a U.S- sure we were going to lose $187 million considerable difficulty, including built, U.S-flagged cruise vessel fleet by of the taxpayers’ money, I would have delays and increased costs in construc- authorizing the temporary operation of filibustered. tion, ultimately became a victim of the foreign-built cruise ships in the domes- I knew it was wrong and seriously September 11 attack on our Nation. tic trade. flawed. I knew that some billionaire The terrorist attacks dramatically im- The provision in today’s omnibus ap- who operates riverboats probably isn’t pacted the U.S. economy, and caused propriations bill totally disregards the very good in the business of building financial difficulties for the entire prior requirement that a company op- massive cruise ships. travel industry. In fact, passenger erating foreign-built U.S.-flag vessels But we cannot continue this kind of bookings for American Classic Voyages in Hawaii trade build the U.S. vessels activity. Just suppose that this is a Co.—AMCV—the company that under- in the United States. Now they will be good idea, that it is a great idea. Why took Project America, decreased by as built overseas. Instead, 211 will allow are we putting it into an omnibus ap- much as 50 percent, and cancellations the construction of two vessels, using propriations bill that is supposed to of bookings increased by as much as 30 some parts of the failed Project Amer- fund the functions of Government and percent in the weeks after the attacks. ica project, but it would not accom- not authorize in direct violation of ex- Ultimately, as a result, AMCV filed for plish the objectives of promoting U.S. isting law? How do we justify that? bankruptcy, and construction on the shipbuilding, as was one of the alleged I ask for the yeas and nays on this two Project America ships was halted. benefits under the original project. amendment. The re-flagged vessel, the m/v Patriot, When the Project America earmark The PRESIDING OFFICER. Is there a was transferred out of U.S. registry. was pushed through in 1998, it was lim- sufficient second? As a result of these events, thousands ited to one company and two vessels. There is a sufficient second. of seagoing and shoreside jobs were lost When Project America encountered fi- Mr. MCCAIN. I yield the floor. including more than 1,000 crewmembers nancial problems and then bankruptcy, The PRESIDING OFFICER. The Sen- and cruise ship service providers. Pas- all of the alleged benefits to the coun- ator from Hawaii is recognized. sengers experienced disruptions and try were lost and cost the taxpayers Mr. INOUYE. Mr. President, in 1997 lost fares. Yet, the U.S. government nearly $200 million. Congress, as noted by my colleague paid $185 million on a Title XI ship- If the sponsors are now seeking to from Arizona, enacted the U.S.-Flag building loan guarantee for the two achieve a new objective—the operation Cruise Ship Pilot Project in an attempt cruise ships under construction at Nor- of U.S-flagged cruise vessels regardless to ‘‘jump start’’ the redevelopment of a throp Grumman Ingalls Shipbuilding—

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.029 S17PT1 S1118 CONGRESSIONAL RECORD — SENATE January 17, 2003 Ingalls—in Mississippi. Project Amer- Pilot Project, will apply only to cruise jectives to be achieved, without addi- ica came to an abrupt halt. ships operating in regular Hawaii serv- tional cost to the American taxpayer. At the time the Senate considered ice. It was done that way because other While the legislation is limited to the Project America legislation, there areas did not want to have this com- Hawaii, at the request of other areas, were concerns, and in some cases oppo- petition. My provision would allow for the benefits go far beyond the shores of sition, expressed about Federal funds the completion of the first hull, with my home State. In addition to the being spent for the construction of an option to complete the second hull, thousands of jobs and hundreds of mil- these ships and a proposed preference from the material acquired in conjunc- lions of dollars in economic activity in market access for AMCV to serve tion with the Project America ships generated nationwide, this provision the coastwise trade among the islands that were under construction at will strengthen our U.S. Merchant Ma- that comprise my State. But no one— Ingalls. Either or both of these ships rine. The ships operating under U.S.- not one member of the Senate—voiced may be completed in a non-U.S. ship- flag will be assets available to the De- an objection to the goal of further de- yard experienced in cruise ship con- partment of Defense in time of na- veloping a U.S. flag cruise industry struction for operation under the U.S. tional emergency, and these U.S.- that would ultimately provide thou- flag in regular coastwise service. These flagged cruise ship operations will sig- sands of seafarer and shoreside jobs for new U.S.-flagged cruise ships will be re- nificantly expand our pool of qualified Americans. Those jobs, along with the quired to operate with American crews, seafarers that man civilian-crewed development of a qualified pool of sea- be subject to all U.S. laws, including military ships such as the Ready Re- farers that this country could rely tax, labor and environmental laws, and serve Fleet, a fleet of 76 U.S. Govern- upon in times of national emergency, be owned by a U.S. corporation with ment-owned ships used to meet surge should not become the permanent vic- United States citizens serving as chief sealift. tims of the terrorist attacks. As our executive officer and chairman of the The Department of Defense relies Nation restores the buildings and fa- board of directors, and with U.S. citi- heavily on U.S. mariners to crew a cilities that bore the brunt of that at- zens controlling the board. Like the large number of non-combatant vessels tack, we must also assist in the recov- original Project America legislation, to deliver a wide range of supplies to ery of economic causalities. Since the this bill permits increased foreign eq- United States and allied forces around demise of Project America, I have uity involvement in the enterprise. the globe. In fact, as much as 95 per- searched for a solution that would per- While under this new provision, the ul- cent of the military’s fuel, food, muni- mit most of the objectives of the origi- timate beneficial owner need not be a tions, and spare parts would move by nal legislation to be accomplished, but U.S. citizen, the requirement that the these ships in the event of a major war. without any further expenditure of vessels be owned by an American com- The media have chronicled the con- Federal funds, without any Federal pany ensures that the ships’ operations cerns of our Nation’s military and mar- loan guarantees, and without the need will be subject to all U.S. laws and that itime officials about the Nation’s abil- for the market preference in the 1997 the vessel assets of the U.S. company ity to crew these non-combatant ships law. will be available to our Nation in times because of shortages in the numbers of Last year, the U.S. Maritime Admin- of national emergency. civilian American seafarers. Most re- istration and Ingalls put the partially Consistent with the original Project cently, in Defense Week, VADM David constructed Project America ships up America legislation, the U.S. corporate Brewer, Commander of Military Sealift for sale. While the sale was open to any owner would have the right to reflag a Command, expressed ‘‘concern’’ that offeror, Norwegian Cruise Line—NCL— modern foreign-built vessel under U.S. the lack of qualified seafarers might the longest established of the U.S.- flag for operation in the coastwise ‘‘strain’’ activation of the Ready Re- based cruise lines, placed a bid on the trade to facilitate a cost-effective and serve Fleet. Project America ships that far exceed- timely transition to U.S. registry. Like CAPT Bill Schubert, Administrator ed all others. After NCL committed to the newly built ships, the reflagged of the Maritime Administration, the acquiring the hulls, I met with com- vessel must have a U.S. crew and be agency charged with ensuring a viable pany officials to discuss the possibility subject to all U.S. laws. Before oper- Ready Reserve Fleet, has been even of completing Project America in a ating under U.S. registry, however, two more blunt in his assessment of the cir- way that would achieve most of the conditions must be met. First, the re- cumstances last year in a Baltimore main objectives of the original legisla- flagged vessel must undergo a complete Sun article entitled, ‘‘Shipping Crew tion without any further expenditure inspection to ensure compliance with Deficit Called Wartime Risk,’’ where of Federal resources or any Federal all relevant Federal safety and public he said: loan guarantees. It is my hope that health laws of the United States that This is a very serious issue that needs to be over time the United States will reap are applicable to U.S.-flagged cruise addressed now—today . . . I’m not com- the benefits of its investment. ships. Further, any refurbishing or re- fortable right now that we have the ability In the course of those discussions, modeling that may be necessary to as- to respond to an emergency. completing the vessels at Ingalls did sure compliance with these Federal Mr. President, I ask unanimous con- not seem possible. NCL asked Ingalls laws must occur in a United States sent that a copy of the Defense Week to bid on completing the vessels in Mis- shipyard. Second, the reflagged vessel and Baltimore Sun articles be printed sissippi; however, the yard did not bid may commence operating only after in the RECORD at the conclusion of my because it was preparing to build new the first Project America ship enters statement. ships for the U.S. Navy. Unfortunately, service. The U.S. Maritime Adminis- The PRESIDING OFFICER. Without NCL’s only option was to complete the tration will be charged with overseeing objection, it is so ordered. ships elsewhere. In the meantime how- the implementation of this bill, but re- (See exhibit 1.) ever, more than 250 workers in Mis- imbursement for costs associated with Mr. INOUYE. Mr. President, I think sissippi worked on the partially com- this oversight shall be obtained from we should remind ourselves that not pleted hull over the summer to make it those who operate cruise ships under too long ago there was a war we have seaworthy for towing overseas for com- this new authority. referred to as the Yom Kippur war that pletion in another shipyard. It has be- The result of this provision would be was fought in the Middle East. It was a come apparent that further legislation the introduction of multiple modern war that involved the Republic of is necessary to reestablish the project U.S.-flagged cruise ships in regular Ha- Egypt and the State of Israel. to achieve most of the Project America waii service. The ships would employ On Yom Kippur Day, a day of very goals, and to respond to concerns ex- as many as 3,000 U.S. seamen, and all holy significance in Israel, Egyptian pressed by my colleagues about the would be subject to U.S. labor, tax, and troops went across the river, got into original legislation. environmental laws, unlike the major the Sinai, and were on the verge of suc- Therefore, this provision in the Om- foreign cruise lines. In short, these pro- cessfully carrying out the military nibus Appropriations bill will amend posed changes to the original Project mission. We received frantic calls from the original Project America author- America legislation will still allow Israel to resupply their troops, because ity. This provision, like the original many of the original principles and ob- their troops had a 90-day amount of

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.032 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1119 ammo, but because of the intensity of have in the past, it we may do so. This NCL has stepped to the plate and is the combat, over half of that had al- does not close that door. It just gives it willing to hire American crews, be sub- ready been used. a jump start. ject to American laws, and achieve We, therefore, called upon every We need something to be done. As I some of the original benefits of Project American and American company that pointed out, Federal safety and health America. owned ships on the high seas but under inspections on the proposed reflagged I will be the first to admit that the foreign registry. There are hundreds vessel must occur in the United States original Project America failed. There upon hundreds of vessels owned by shipyard, not abroad. All future main- is no U.S.-built cruise ship ready for Americans or American companies tenance on these cruise ships and any delivery on January 23, 2003, which was that are registered in Panama, Liberia, repairs needed in order to register the supposed to have been the delivery date or in someplace out in the Pacific in vessel in the U.S. must occur in our of the first Project America ship. There the trust territories. They do not pay shipyards. The U.S. Coast Guard safety is no work proceeding on a second U.S.- taxes. They do not hire American regulations will govern ship oper- built cruise vessel, and the Federal crews. But we felt that because they ations, and U.S. mariners operating the Government is out $185 million for the were Americans, they might come to vessel will be subject to Coast Guard li- title XI loan guarantee. While the eco- our aid. We wanted ships to carry these censing. The U.S. Maritime Adminis- nomic downturn resulting from Sep- military goods to help the Israelis. tration will oversee the implementa- tember 11 was the final nail in the lid When the word reached them that tion of this legislation and recapture of the Project America coffin, the trou- the Saudis would look upon this as an that cost from the cruise line opera- bles, as noted by my colleague from Ar- unfriendly act, the response from our tors. izona, began well before that cata- fellow Americans, to help Americans I want to stress to my colleagues and strophic event. provide help to their allies, the those in the maritime industry that No one will dispute that U.S. ship- Israelis, was absolutely zero. Not one this provision will not adversely im- yards are inexperienced in constructing ship responded. History shows, as a re- pact the Jones Act cargo trades where large oceangoing cruise ships. We rec- sult, we had to carry out cargo on C–5 the fleet is vibrant and growing. It is ognized this and, through the original aircraft, huge aircraft. Two of them strictly limited to the large ocean- Project America, provided the incen- were buzzed by Egyptian fighters. going cruise ships and then only those tive necessary for an $880 million fixed Every time I think of this, I shudder, operating in the regular Hawaii service price contract to build modern state- because if any one of them had been where there are no U.S.-flag oper- of-the-art cruise ships in the United shot down, the question arises, would ations. States. Throughout the process, the shipyard we have been involved? In all likeli- I would also like to stress I continue experienced significant problems in hood, we would have been. to support U.S. domestic shipping re- Therefore, the fact that after the end quirements that mandate U.S.-built, construction of ships. For example, of World War II we carried 80 percent of operated, and crewed vessels. I recog- within the first year of construction, the yard was experiencing a projected all the cargo, and today less than 4 per- nize that in certain circumstances, delay in delivery of approximately 1 cent, should be of concern to all of us. some degree of relaxation of these re- What if the war many are suggesting quirements may be necessary to stimu- year and an escalation in the price of outfitting the interior of the ship by as might happen does happen and it be- late growth in the United States mari- much as $76 million. Eventually a ne- comes not a minor war but a major time industrial base. While this par- gotiated settlement was reached, ex- war? Do we have the vessels to carry ticular provision is intended to fulfill tending the delivery dates, increasing necessary troops and equipment the completion of Project America, and the price, and requiring additional abroad? I believe that is a good ques- promote the use of large U.S.-flag pas- project equity. tion we should ask ourselves. senger vessels in Hawaii, I have sup- After the vessel owner’s bankruptcy I do not suggest the Project America ported legislation that will provide brought the work on Project America provision solves this problem. However, similar flexibility for large passenger to a halt, the partially completed ves- virtually every person engaged in the vessels throughout the United States. sels were auctioned. The successful bid- debate over seafarer readiness would This legislation was introduced by my der, NCL, offered the Ingalls shipyard agree that a primary way to address distinguished colleague from Arizona. I an opportunity to bid for completing the problem is to promote a viable will continue to support such proposals the vessels, but Ingalls declined. The U.S.-flag fleet. My provision does just that are crafted to strengthen our U.S. yard handled predominantly military that. maritime industrial base. construction and was not interested in With international tensions rising, I However, I feel we need to move for- completing the vessels. Instead, the believe we must do all we can to sup- ward expeditiously with this proposal yard retooled its operation to handle port the Nation’s military readiness. to ensure we can realize some of the an increased order book for Navy ships. My legislation would do that by cre- benefits of the original Project Amer- U.S. shipyards predominantly build ating desperately needed American ica legislation. Planning requirements Navy ships. Based on past experience, seafaring jobs that will support a mili- and operational changes necessary to the Government is more willing than tary sealift. complete this project to allow for the the private sector to absorb increases To summarize, let me be clear what use as a U.S.-flag vessel must be made in the price tag or delays in delivery of this section does. First, no Federal shortly or the vessels will be completed the vessel. A commercial company re- funds may be used to complete the for use under a flag of convenience or quires more stringent pricing and Project America hulls. No Federal loan foreign flag. schedule discipline to ensure that guarantees may be issued by the U.S. Yes, some $185 million in Federal projects are economical. Government to perform work on these funds have already been invested in With Project America, that dis- ships. The preference in the original this project as a result of the Maritime cipline did not exist, and the shipyard Project America law that was criti- Administration loan guarantees that opted to concentrate its efforts on gov- cized as limiting competition among were called upon when AMCV went ernment contracts. Other shipyards the islands of the State of Hawaii does bankrupt. A U.S.-based cruise company were in the same situation, with not apply to these ships. At this mo- has taken the risk of purchasing the orderbooks filled with government ves- ment, if any American company wishes hull and related materials from Project sels. to build a ship in the United States and America with no assurance that legis- I remain committed to our U.S. ship- carry on the business in Hawaii or, for lation could be enacted to obtain coast- yards and believe they have an impor- that matter, in any other port of the wise privileges. tant role to play in the future of the United States, that company may do Instead of simply building the ships U.S. cruise ship industry. My provision so. Or if that company has a foreign overseas for operation under a foreign will give shipyards additional business flag vessel and believes that vessel flag with foreign crews or seeking prod- that they may not otherwise get—any should be reflagged to an American uct exemptions to the Passenger Vessel conversion work necessary for certifi- flag and would come before us, as we Services Act to operate these ships, cation of the new cruise ships, and any

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.036 S17PT1 S1120 CONGRESSIONAL RECORD — SENATE January 17, 2003 future non-warranty repairs and main- lied forces around the globe. In event of a he was working closely with the Navy’s fleet tenance must be done in U.S. ship- major war, ships controlled by MSC would commanders in terms of developing an yards. move as much as 95 percent of the military’s across-the-board force-protection policy for If Section 211 is not adopted, the Fed- fuel, food, ammunition and spare parts. Navy ships. The command augments its own fleet by ‘‘So we’re investing quite a bit of time and eral Government will lose all future contracting with commercial shippers. Ac- money into force protection and we’re work- benefits from its $185 million invest- cording to U.S. Transportation Command, ing with the fleet in terms of developing and ment. My provision gives America an- the United States military relies on com- refining force-protection policy,’’ he said. other opportunity to jump-start a U.S.- mercial ships—many under foreign flag-to BEANS AND BULLETS TO MIDEAST meet as much as two-thirds of its sealift reflag cruise industry that will bring the Meanwhile, MSC continues to charter ves- quirements. Government a return on its invest- sels regularly to move equipment and sup- In an ideal world, said Brewer, the U.S. ment. plies. Earlier this month, MSC hired out two military would move all its cargo under NCL is the only cruise line willing to commercial ships to move a large shipment U.S.-flagged ships. But he added: ‘‘Right (284 containers full) of ammunition along step up to the plate today and commit now, we don’t have enough. We’ve seen a with 28,000 square feet of rolling stock (in- to a U.S.-flag, U.S. crewed operation. steady decline in U.S. flag shipping over the cluding armored vehicles). We can choose to write off the last 10 years. I think . . . there’s less than The ships were headed for unspecified des- Project America investment by not 125 U.S.-flagged [commercial] ships now.’’ tinations in the Middle East, said Marge That means increased reliance on foreign- acting, and watching as these com- Holtz, a spokeswoman for the command. owned ships for military sealift, an issue pleted hulls are introduced into the Brewer would not comment directly on de- that has prompted concern in policy circles. booming U.S. cruise market under a ployments in support of military operations In a July report, the General Accounting Of- foreign flag, with foreign crews, oper- or the destination of cargoes. But he sug- fice said the Defense Department ‘‘relin- gested that his command was keeping pace ated by foreign corporations without quishes control’’ of sensitive military cargo with the Navy’s increased operational direct benefit to the U.S. economy or when it contracts out to foreign ships. tempo, including the recent deployment of American workers. When the U.S. military hires foreign- carrier battle groups to the Persian Gulf re- But if we are to make good on any of flagged vessels, there are no armed U.S. gion. guards on board. When the U.S. military that investment, we must act now to ‘‘Our workload has increased in the sense hires U.S.-flagged ships, sometimes there are generate real and lasting economic that we are operating with the increased guards on board. But when GAO reviewed benefit to our economy—and to restore operational tempo with the battle groups,’’ many shipments of weapons on U.S.-flagged he said. ‘‘But basically we satisfy the fleet’s pride in the fact that the Stars and vessels, it found them unguarded. Stripes will once again fly on modern Brewer stressed that U.S. cargo preference basic needs.’’ oceangoing passenger cruise ships. laws favor U.S.-flagged shippers, who get the Asked whether he is confident that his By taking action now on Project first opportunity to bid on any of MSC’s con- command can easily be put on a war footing, America, we will begin to recover the tracts for cargo movement. And he said that Brewer said: ‘‘Ramping up, because of the planning we’ve put forth, . . . is not a prob- investment our nation has made in MSC very closely scrutinizes all the commercial vessels, including foreign ones, that lem.’’ these hulls both through revenues to However, he did suggest that a full mobili- the U.S. Treasury in the form of indi- carry military cargo. ‘‘If we cannot find a U.S. flag, we some- zation might put a strain on the Ready Re- vidual income taxes, Federal and State times will embark cargo or equipment on a serve Force, a fleet of 76 government-owned corporate income and payroll taxes, foreign flag,’’ he said. ‘‘But in a perfect ships kept in reserve by the Maritime Ad- and a broad range of other Federal and world, we want a U.S. flag.’’ ministration to meet surge shipping require- State taxes paid by the cruise indus- When MSC does embark equipment aboard ments for the military. try—not to mention the broader bene- a foreign-flagged ship, Brewer said, ‘‘We ‘‘Where that would put a strain on the maritime industry is if we have to activate fits this legislation will bring to our watch those ships very closely and in some cases embark our personnel aboard those the Ready Reserve Force ships,’’ Brewer military preparedness and to our sag- said. ‘‘And with the decrease in U.S.-flagged ging economy. ships to make sure the cargo is secure.’’ Asked if that included armed cargo super- ships, there’s a concomitant decrease in U.S. No further Federal funds are re- visors, called supercargoes, Brewer said: mariners. So we’re working with the Mari- quired, nor are Government financial ‘‘We’re still working that issue. Armed time Administration and the unions in mak- guarantees permitted. This legislation supercargoes is an issue we’re still working.’’ ing sure that if we have to go to war and activate the Ready Reserve Forces, there are simply allows for the completion of INVESTING IN UPGRADES Project America and for this company enough mariners to man those ships.’’ An attack last month on an oil tanker off Most of those ships are kept in a ‘‘reduced to set a shining example as a proud em- the coast of Yemen spotlighted the vulner- operating status,’’ with small crews aboard ployer of U.S. seafarers and as a proud ability of commercial ships. In an incident for maintenance. operator of U.S. flag ships. reminiscent of the attack on the USS Cole ‘‘If we have to take those ships to a full op- I urge my colleagues to support this (DDG 67) in 2000, a small watercraft laden erating status, there is some concern there, effort so that we can revive our U.S.- with explosives struck the French super- but we’re working this issue very diligently flag cruise industry, increase our mili- tanker Limburg, crippling the ship. with the Maritime Administration and the tary preparedness, stimulate the econ- Brewer said MSC takes the threat to mer- maritime unions and we feel we could satisfy chant vessels as seriously as it takes the omy, and create thousands of good jobs any wartime requirements,’’ he said. threat to military transport ships and said That point, he said, further reinforces the for Americans. his command would be investing more desire of the government, the shipping indus- EXHIBIT NO. 1 money over the next several years to up- try and unions to increase the number of [From Defense Week, Nov. 12, 2002] grade security on board its own ships. U.S.-flagged ships. ‘‘We’re dedicating significant resources to, FORCE PROTECTION IS TOP CONCERN FOR In general, said Brewer, ‘‘I want to see number one, providing . . . force protection SEALIFT COMMANDER more U.S.-flagged ships. Period. More U.S.- in terms of training and equipment to budg- flagged ships, number one, will be good for (By Nathan Hodge) eting a significant amount of money actu- the economy. We are a maritime nation. Protecting vulnerable cargo ships has be- ally through fiscal 2009 to make sure not More importantly, it is essential for our na- come the main worry for the three-star ad- only that we not only install the latest tech- tional security. Because [it means] the less miral in charge of the fleet that is moving nology in terms of hull-perimeter lighting, we have to depend on foreign-flagged ship- weapons and materiel in support of a U.S. intrusion detection systems, things of that ping today.’’ military buildup in the Middle East. sort, but also to make sure that we have In an interview with Defense Week, Vice aboard ships any technology that may be [From the Baltimore Sun, Jan. 13, 2002] Adm. David Brewer, commander of Military available in the future,’’ he said. ‘‘So we are SHIPPING CREW DEFICIT CALLED WARTIME Sealift Command (MSC), said that force pro- investing a lot of money.’’ RISK; BUSH’S MARITIME CHIEF ACKNOWL- tection is MSC’s ‘‘No. 1 priority.’’ The technology upgrades are particularly EDGES WORRIES ON READINESS; ‘‘A VERY At some point, that could possibly mean important because military transport ships, TOP PRIORITY’’ NEW RESERVE FORCE AMONG embarking armed guards aboard foreign- unlike Navy combatants, have small crews. PROPOSALS TO EASE SHORTAGE flagged ships that move sensitive U.S. mili- ‘‘MSC ships are ‘manned to mission,’’’ he tary cargo. Asked if that was the case, he said. ‘‘So that means they’re minimally (By Robert Little) simply said, ‘‘We’re still working that manned. Therefore there’s not extra people The Bush administration is acknowl- issue,’’ and declined to elaborate. MSC oper- on board our ships to be armed.’’ edging, after years of government denials, ates a fleet of 120 noncombatant ships to de- Much of the money that MSC will invest is that the nation’s ability to fight a large- liver a wide range of supplies to U.S. and al- in equipment and training. And Brewer said scale war overseas is in peril because of a

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.039 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1121 crippling shortage of manpower in the U.S. that work force rests with the U.S. Maritime ‘‘If we don’t have programs or initiatives merchant marine. Administration, a division of the Depart- to promote the profitability of the U.S. flag, William G. Schubert, Bush’s maritime ad- ment of Transportation. nothing else will matter,’’ he said. ministrator, said in an interview that he Previous maritime administrators have ac- The Bush administration has not taken a does not believe the Pentagon could find knowledged concerns about manpower but position on a bill before Congress that would enough sailors to operate its cargo ships if have all claimed that the military’s cargo lower taxes on American cargo ships in military forces were deployed for a sustained ships can be fully crewed. Schubert’s prede- hopes of luring more vessels to the U.S. fleet. overseas campaign. cessor, Clinton-appointee Clyde J. Hart, said That legislation, sponsored by the senior Re- He plans to pursue several immediate rem- in an interview last year: ‘‘It’s a problem publican and Democrat on the House Trans- edies, including pushing for the creation of a that should keep us up at nights, but it’s not portation and Infrastructure Committee, is new Merchant Marine Reserve, and said solv- a readiness problem. We can man the ships.’’ awaiting a nearing in the House of Rep- ing the manpower crisis will be ‘‘a very top But Schubert, who worked for the Mari- resentatives. priority’’ of his administration. time Administration during the gulf war and The PRESIDING OFFICER. The Sen- ‘‘This is a very serious issue that needs to watched it struggle to crew sealift vessels ator from Arizona is recognized. be addressed right now—today,’’ said Schu- more than 10 years ago, said he discounts Mr. MCCAIN. Mr. President, if this bert, a former merchant seaman who was even the agency’s latest survey, made public amendment is allowed to stand in the sworn in just over a month ago. ‘‘We don’t late last year, which concludes that a suffi- appropriations bill without a hearing, have time to postpone this issue any longer, cient supply of mariners is available. or there could be some very serious con- ‘‘I’d hate to put our national defense on without scrutiny, without any exam- sequences. I’m not very comfortable right the line based on a statistical analysis,’’ he ination, without any authorization, it now that we have the ability to respond to said. ‘‘It was a problem 10 years ago, and the will be a violation of the Passenger an emergency.’’ A series of articles in The situation today has only gotten worse.’’ Vessel Services Act, which required Sun last summer showed that a shortage of The U.S. military has always relied on ci- that any ship operating under these U.S. merchant sailors, brought on by de- vilian merchant mariners for moving sup- circumstances has to be built in the clines in the nation’s commercial shipping plies by sea. They are cheaper than military United States of America. fleet, would leave many of the government’s personnel, because they are hired only when Mr. BYRD. Mr. President, I suggest cargo ships stranded in port during a crisis. needed. And Navy sailors aren’t trained in A small military force like the one cur- the precise skills required to operate cargo the absence of a quorum. rently in Afghanistan can be deployed and ships—and virtually all of them lack the nec- The PRESIDING OFFICER. The re-supplied with cargo planes and heli- essary licenses and certifications. clerk will call the roll. copters. But during a large campaign involv- A typical merchant mariner works four The legislative clerk proceeded to ing tank divisions and heavy machinery, months at sea, then spends four months call the roll. such as the Persian Gulf war, about 95 per- ashore, and few of them have permanent jobs Mr. STEVENS. Mr. President, I ask cent of the equipment, fuel and supplies on the same ship. Jobs are handed out by the unanimous consent that the order for must move in ships. unions based on how long a mariner has been the quorum call be rescinded. the federal government keeps almost 100 ashore looking for his or her next ship. When The PRESIDING OFFICER. Without empty cargo ships scattered around the a mariner has been ashore long enough to objection, it is so ordered. country for use is such an emergency, and it qualify for work again, most take whatever Mr. STEVENS. Mr. President, I ask plans to crew them with civilian sailors from ship is available at the time. the U.S. merchant marine. A complete acti- In a crisis, the Pentagon plans to add its unanimous consent that the vote in re- vation of the 76-ship Ready Reserve Force ships to the unions’ list of commercial ves- lation to the McCain amendment occur and about two dozen other dormat sealift sels looking for crew members, luring sailors at 1:30 today, with the time equally di- vessels would require more than 3,500 mari- back to sea much sooner than normal. vided in the usual form and with no ners, all of them culled from the nation’s That strategy worked for decades, when amendments in order prior to the vote; commercial shipping industry. the U.S. merchant marine dominated the further, that prior to the vote, Senator Despite denials of a shortage from govern- globe and the fleet had thousands of vessels. LANDRIEU be recognized as in morning ment and military officials, the series pub- But since 1950, the U.S.-flagged commercial business for up to 5 minutes; further, lished in The Sun revealed that the Pen- fleet has shrunk from nearly 3,500 vessels to tagon recycles crew members, transferring about 220. An industry that once kept more that following this vote, Senator BIDEN them from ship to ship giving each vessel a than 160,000 sailors employed now has fewer be recognized to speak for up to 20 min- full crew just long enough to pass a drill than 6,500 jobs. utes and Senator BROWNBACK, for up to verifying its readiness for war. Some mari- Schubert said that correcting the man- 5 minutes. ners served on as many as five ships a year. power shortage will be a top priority in his The PRESIDING OFFICER. Is there The series also showed that the federal administration. He plans to appoint a new objection? government is relying on retired sailors to deputy administrator with expertise in man- Mr. MCCAIN. Mr. President, reserv- fill in during a crisis, even though it has no power and recruitment, and conduct a new, ing the right to object, I ask the distin- idea how many retirees are available, who detailed survey of the merchant marine work guished manager and chairman, does they are, where they live or what qualifica- force. he anticipate further votes following tions they have. EXPANSION OF RESERVE FORCE Since the articles were published, leaders the speaking? Schubert has already met with Navy offi- from the nation’s merchant marine unions Mr. STEVENS. Yes, we do expect fur- cials to discuss creating a new merchant ma- have acknowledged the shortages, and two ther votes this afternoon. We have the rine arm of the Naval Reserve. The Navy has senior members of Congress have introduced a Merchant Marine Reserve, but it includes prospect of a Dodd amendment and a legislation to bolster the commercial ship- only ships’ officers—not unlicensed seafarers further amendment by the Senator ping industry and reverse its decline. that make up the bulk of a cargo ship’s crew. from Arizona. So we have the prospect ‘‘THAT’S A GOOD START’’ He is considering making service on Ready of continuing votes on through the But Schubert’s comments represent the Reserve Force cargo ships an element of the afternoon. first acknowledgement from a federal official service obligation for graduates of the tui- Mr. MCCAIN. Mr. President, I do not responsible for military sealift that the tion-free U.S. Merchant Marine Academy. object. shortage exists—and the first pledge to do And he wants to set up a program at the The PRESIDING OFFICER. Without something about it. academy for emergency mariner training, to objection, it is so ordered. ‘‘If he’s admitting that this is a big prob- counter shortages in a crisis. Schubert grad- The Senator from Louisiana is recog- lem, then he’s the first one to do so. And uated from the academy in 1974. that’s a good start,’’ said retired Navy Capt. He also plans to oversee creation of a na- nized. Robert W. Kesteloot, a former director of tional database listing contact information Ms. LANDRIEU. Mr. President, I strategic sealift for the Chief of Naval Oper- for anyone—active or retired—with the thank the Senator for the accommoda- ations who says a growing manpower short- Coast Guard qualifications necessary to tion for me to make a few brief com- age was apparent at the Pentagon even in work at sea. Today the government relies ments about the District of Columbia the late 1980s. solely on unions and word of mouth to find appropriations portion of this appro- ‘‘It’s about time someone over there start- mariners when they are needed. priations bill. ed taking this seriously,’’ Kesteloot said. But those are mostly short-term solutions. I have no amendment to offer, but I The Navy is ultimately responsible for Lasting increases in the number of sailors will make a few general comments military sealift, but it has little control over available to the military can be accom- the crew members hired for its dormant plished only by altering the economic out- about a very small portion of this un- cargo ships because they are all temporary look for shipping companies that choose to derlying bill, and I am mindful that we civilian contractors, not regular employees. register their vessels in the United States are about to vote on Senator MCCAIN’s The responsibility to maintain and preserve and hire American sailors, he said. very important amendment.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.019 S17PT1 S1122 CONGRESSIONAL RECORD — SENATE January 17, 2003 Obviously, there are pros and cons, monuments and buildings. Unfortu- sity’s attempts to create a racially and but I wish to take this moment to talk nately, this is a target-rich district and ethnically diverse student body and di- about a $512 million budget out of a needs extra money for security. Some, rects the Senate legal counsel to file an $750 billion bill. It is not a lot of not all of what we need, but some of amicus brief on behalf of the entire money—well, obviously, it is a lot of that money is in the bill. Senate in support. No. 2, the District has put forward a money; $512 million is not small By adopting this resolution, we can great and ambitious agenda for improv- change, but it is such a small percent- show with our actions, not just our ing their schools. I am proud to say age of the total amount of the appro- words, that we truly believe in the im- there is $20 million to create, not for priations bill. But for the 500,000-plus portance of racial and ethnic diversity. people who are residents of the Dis- the first time, to expand a revolving I hope my colleagues will join me in trict, for the citizens of our Nation who fund for charter schools. As the schools this effort and support, certainly not look to the District as truly what it improve, we are able to help create the stand in the way, of the resolution. is—their capital, our Nation’s capital, kind of physical environment that re- and for the many hundreds of thou- wards excellence, and that is in this Madam President, I ask unanimous sands and millions of people who travel bill. consent that the Judiciary Committee to this District every year—adults, We have also created the first ever be discharged from further consider- senior citizens, children, people of all family court in the District to try to ation of S. Res. 23 and that the Senate ages, I thought I would take a moment cut down on child abuse and neglect, to then proceed to its immediate consid- to say a few brief words. help strengthen our families and our eration; that the resolution and pre- I want to begin by thanking our neighborhoods, to create special judges amble be agreed to, en bloc; and that chairman, now ranking member, of the who will pay attention to these very the motion to reconsider be laid upon Appropriations Committee for his help serious challenges and then support the table, without intervening action in crafting this important portion of them in their efforts. I thank Senator or debate. this bill. The good Senator from West DURBIN particularly for his work in The PRESIDING OFFICER. Is there Virginia spent many years as chairman that regard. There are other provisions objection? of this subcommittee, and he knows worth noting. well the issues about which I am speak- I am proud to submit a bill that Mr. SANTORUM. Reserving the right ing. works with the mayor and with the to object. I thank the chairman, Senator MIKE council in a bipartisan way to help this The PRESIDING OFFICER. The Sen- DEWINE from Ohio, for his leadership. city, which is so special to the people ator from Pennsylvania. We work very closely as chairman and who live here and so special to all of Mr. SANTORUM. Madam President, I ranking member. I thank him and his us, fulfill the dreams of how we want to think all of us in the Senate would love staff, Mary Dietrich, for all of their see this city flourish and grow in the to see equal opportunity for all stu- hard work in pulling this portion of the years ahead. appropriations bill together. Again, I thank my colleagues on the dents. One of the great advances we First, I wish to speak about a couple Appropriations Committee for putting have made is to eliminate discrimina- of big points. The District’s budget is forth efforts to create this bill. tion—formal discrimination—that we in fairly good shape. It has taken effort The PRESIDING OFFICER (Mrs. had in this country for a long time on the part of Congress, Democrats and DOLE). The Senator’s time has expired. against people of color, but I do not believe the answer to that is by insti- Republicans, as well as the mayor and f his partners on the council, a lot of tuting something that, in fact, dis- work by the business community and UNANIMOUS CONSENT—S. RES 23 criminates the other way. That is what civic organizations that have given Mr. DASCHLE. Madam President, on the University of Michigan system suggestions and comments, as well as a Wednesday, the administration made a does, to give someone, because of the structure that was put in place after decision to oppose the University of color of their skin, 20 points toward the the reform board moved on, to put in Michigan’s efforts to promote diversity admission score and someone with a place a financial infrastructure that on the campus. In making the an- perfect SAT score—to me the values helps the District stay on strong finan- nouncement, the administration said that the admission process should con- cial footing. that Michigan’s process amounted to a sider are where the person came from, Are there challenges? Yes. Is every quota, and that the university should the obstacles they had to overcome in city in America challenged? Yes. Every look at other factors, such as economic their lives, their economic condition, State, as the Senator most certainly and geographic backgrounds. Their and their family situation. knows from his State of Tennessee, is statement ignores the fact that both of There are many issues that are in- challenged with budget constraints. those factors, as well as others, are tangibles that should be considered in But the District, just as every city in considered by the university and given an admissions process. But when you America, struggles with chronic prob- the same weight as race. compare this young girl from Michi- lems of losing a tax base and having to I have made clear on other occasions gan, who was the plaintiff in this case, provide services for hundreds of thou- what I and many of my colleagues be- who happens to be white and has over- sands of people who come into the Dis- lieve: The Michigan system is not a come a lot in her life to reach the point trict each day yet do not pay that full quota; the Michigan system is con- where she could apply to the Univer- share of the tax and the political dif- stitutional; and that President Bush sity of Michigan and potentially be ac- ficulty of finding an appropriate polit- made the wrong decision. Racial and cepted, and you may have someone who ethnic diversity in our Nation’s insti- ical solution. happens to be Hispanic or African Nonetheless, with all those chal- tutions of higher education is an im- American and may have come from a lenges, this mayor and the city council portant goal. privileged background, went to the fin- have gotten the District close to a bal- A student body that reflects the di- est private schools, and for them to get anced budget position, and because of versity of America is a valuable rean advantage over someone who that, a lot of the initiatives about source for all of our students. But kind scratched and clawed through a very which we have talked in Congress are words and lofty rhetoric alone cannot difficult situation seems to be unfair. going to hopefully be brought to the open the doors of educational oppor- forefront. tunity or guarantee a diverse student What the administration has done is No. 1, in this budget, there is addi- body. tried to focus, as the President did at tional security for the District of Co- We must show our commitment the University of Texas when he was lumbia. As our Nation’s Capital, we through our actions. That is why today Governor of Texas, on trying to provide should, as Members of Congress, along I am asking consent that we adopt a opportunity for all without putting for- with the mayor and council, make sure resolution that supports the University ward discriminatory impediments to we set as much money in place as we of Michigan. This resolution states people simply because of their gender, can to secure the many beautiful that the Senate supports the univer- their ethnic background, or their race.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.040 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1123 To me, it is an opportunity-based I yield the floor. NAYS—33 system for people who have had a dis- Alexander DeWine Lugar advantaged life and I believe is a heal- f Allard Dole McCain Allen Enzi Miller ing balm on this very difficult under- MAKING FURTHER CONTINUING Bennett Feingold Nickles tone of racism that we have seen in APPROPRIATIONS FOR FISCAL Brownback Fitzgerald Santorum this country. YEAR 2003—Continued Bunning Graham (FL) Sessions Madam President, I think the admin- Chambliss Graham (SC) Shelby Mr. BIDEN addressed the Chair. Coleman Grassley Smith istration is moving in a positive direc- Cornyn Hatch Sununu tion, so I object. The PRESIDING OFFICER. The Sen- Craig Inhofe Thomas The PRESIDING OFFICER. Objec- ator from Delaware. Crapo Kyl Voinovich Mr. MCCAIN. Madam President, I ask tion is heard. NOT VOTING—5 for the regular order. Several Senators addressed the Breaux Hagel Sarbanes Chair. Mr. STEVENS. Madam President, Edwards Kerry The PRESIDING OFFICER. The Sen- there is a time agreement in effect. The motion was agreed to. ator from Oklahoma. The PRESIDING OFFICER. The reg- Mr. STEVENS. I move to reconsider Mr. NICKLES. Madam President, I do ular order is 2 minutes of debate before the vote and I move to lay that motion not know what the agenda is. I know a vote relative to the Senator’s amend- on the table. the chairman of the Judiciary Com- ment. The motion to lay on the table was mittee has a different opinion. Who yields time? Maybe the Democratic leader decided Mr. MCCAIN. I yield to the Senator agreed to. we are not going to be dealing with the from Hawaii for his 1 minute, and I will The PRESIDING OFFICER. The Sen- appropriations bill. We have an amend- take 1 minute. ator from Alaska. ment on which we are getting ready to Mr. INOUYE. Madam President, I Mr. STEVENS. Madam President, vote. We were supposed to vote on it a yield back my time. what is the regular order now? couple of minutes ago. I guess people Mr. MCCAIN. I yield back my time. The PRESIDING OFFICER. Under want to debate the Michigan case, but The PRESIDING OFFICER. The Sen- the previous order, the Senator from that is really not the issue before us. ator from Hawaii. Delaware has 20 minutes. The issue before us is an appropriations Mr. INOUYE. Madam President, I Mr. STEVENS. Madam President, bill. move to table the amendment. under the agreement he has 20 minutes Eleven out of the thirteen appropria- Mr. NICKLES. I ask for the yeas and to speak. Following that, for the infor- tions bills have not been passed. We are nays. mation of the Senate, Senator trying to finish the appropriations The PRESIDING OFFICER. Is there a BROWNBACK has 5 minutes. bills. The chairman of the Appropria- sufficient second on the motion to The PRESIDING OFFICER. The Sen- tions Committee is trying to move the table? ator from Delaware. Senate forward. He has been asking for There appears to be a sufficient sec- Mr. BIDEN. Madam President, if I amendments. We are trying to consider ond. may ask the chairman of the Appro- amendments. We are getting ready to The question is on agreeing to the priations Committee, Senator STE- vote on an amendment, and the Demo- motion. VENS, a question. cratic leader has a resolution that The clerk will call the roll. Mr. STEVENS. Yes. says: We want to adopt a position oppo- The legislative clerk called the roll. Mr. BIDEN. Although I have been site that of the President of the United Mr. MCCONNELL, I announce that waiting a while, I can refrain from States on the Michigan case, without the Senator from Nebraska (Mr. doing that if we are likely to move on even advanced warning and without al- HAGEL) is necessarily absent. to other votes. I do not want to hold lowing the chairman of the Judiciary Mr. REID. I announce that the Sen- people up on Friday afternoon. But if Committee, who also has a resolution ator from Louisiana (Mr. BREAUX), the we don’t have something we are going taking a different position, to come Senator from North Carolina (Mr. ED- to go to right away—in other words, I forward. WARDS), the Senator from Massachu- don’t want to get in the chairman’s There is a time and place to debate setts (Mr. KERRY), and the Senator way. But, otherwise, I would like to it, but this is not it. We should be from Maryland (Mr. SARBANES) are nec- speak. But I know it is Friday after- doing the business we have not com- essarily absent. noon. I see people with topcoats on pleted from last year, and that is the I further announce that, if Present their laps, and they have places to go. appropriations bill. I have a resolution, and voting, the Senator from Massa- I can make this the last order of busi- and I can do exactly what the Demo- chusetts (Mr. KERRY) would vote ness today. But I don’t want to yield to cratic leader did. I can ask unanimous ‘‘Aye’’. others who are not going to speak on consent that we take the plaintiff’s The PRESIDING OFFICER. Are there an amendment. But I will yield if you side of this case and ask that it would any other Senators in the Chamber de- really think we are going to move to pass. I know it would be objected to. It siring to vote? something and we are going to act on was actually drafted by Senator HATCH, The result was announced—yeas 62, it. That is my point. so I will leave that to him to elect to nays 33, as follows: I ask the Senator from Alaska if he can tell me what the plans are. do. [Rollcall Vote No. 8 Leg.] Mr. STEVENS. Madam President, the It is kind of a waste of the Senate’s YEAS—62 time for people to take a contentious Senator from Delaware has given us a Akaka Domenici Lott chance to think. This is a good time to issue and say: I am going to ask unani- Baucus Dorgan McConnell mous consent that we take one side of Bayh Durbin Mikulski think. So we are happy to give him 20 that issue and try to pass it, knowing Biden Ensign Murkowski minutes right now. it would not pass. I could make this Bingaman Feinstein Murray The PRESIDING OFFICER. The Sen- Bond Frist Nelson (FL) ator from Delaware. same argument and know it would not Boxer Gregg Nelson (NE) pass. I think we would be wasting the Burns Harkin Pryor f Byrd Hollings Senate’s time. Reed Campbell Hutchison Reid THE UNIVERSITY OF MICHIGAN I urge our colleagues to stay with the Cantwell Inouye Roberts CASE regular order and finish the work we Carper Jeffords Rockefeller did not do last year, and that would be Chafee Johnson Mr. BIDEN. Madam President, I rise Clinton Kennedy Schumer to deal with the amendments that are Cochran Kohl Snowe today to, quite frankly, compliment pending and pass the unfinished busi- Collins Landrieu Specter and add to the comments of my friend ness of the appropriations bills. Conrad Lautenberg Stabenow from West Virginia, Senator BYRD—al- I shall not ask unanimous consent at Corzine Leahy Stevens though I will not be as eloquent—who Daschle Levin Talent this point, but if people want to pursue Dayton Lieberman Warner spoke today on Iraq and Korea and na- this, we can. Dodd Lincoln Wyden tional security policy.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.042 S17PT1 S1124 CONGRESSIONAL RECORD — SENATE January 17, 2003 Before I do, there was an intervening sylvania—and everything else is equal, Give me a break. Let’s stop being comment exchange that was made on the child from Mississippi or Alabama phony around here. I am not sug- the floor earlier relating to the Michi- or Alaska will get into the school be- gesting anybody is phony. I am just gan University cases. fore the child from Delaware, Pennsyl- trying to inform those of you who have I rise at this moment not to speak on vania, New Jersey, or Maryland. That’s not had a chance to think of this how whether or not the merits of the Michi- because—rightly or wrongly—the aca- things actually work, how they actu- gan cases or the merits of the Michigan demic standards in these latter States ally work. admissions policies are constitutional are considered to be higher, and the And, by the way, even on the aca- or unconstitutional. My instinct, in competition is more intense. demic side, you get somewhere between what little I know about it, is that it So that is a literal fact of life. You zero and 10 points based on the school seems to be constitutional because say: OK, well, why in God’s name would you went to. there is a two-pronged equal protection some child who does not have quite the The school I went to is a Catholic test that has to be met; and that is, same marks, or has the same marks, prep school, with mostly middle class does the University’s consideration of from the Midwest or Alaska or the kids. My daughter, who is now a senior race as one of many factors in making Deep South have an advantage over a in college, graduated from that same admissions decisions constitute a com- child from a New England State or a school several years ago. If my memory pelling Government interest, and if it mid-Atlantic State? The reason is not serves me correctly, I believe that out does, is it narrowly tailored. It ap- to benefit the child. It is to benefit all of 114 kids in her graduating class, 69 pears, from what I have read in the the other students in the university. passed five or more advanced place- press, that it is. Because we have made a judgment, his- ment tests, meaning that they tested But I want to respond in the next 2 torically, in this Nation that it is bet- out of their entire first semesters at minutes to something my friend from ter for my child to go to school with the universities they attended—69 out Pennsylvania, my neighbor, Senator someone from Alaska, Mississippi, of 114 passed five or more AP tests. SANTORUM, said. He talked about this South Carolina, North Carolina—all According to what was then put out point system. I just want to remind ev- across the Nation—than it is to go to by the SAT outfit out of New Jersey, eryone how the University of Michi- school with everybody being from these kids represented the highest gan’s policy works, which is like many Pennsylvania, New Jersey, and Dela- number in the region to test out of other universities. ware. It has been a judgment educators their first semester classes, and one of Under the University’s under- have made. And the more elite the uni- the highest in the country—this little graduate admissions process, every ap- versity, the more diversity, geographi- old Catholic school I went to. Guess plicant can get up to 150 points in seek- cally, they seek. what. It costs 14 grand a year to go to ing admission. My assumption is, what It is the same way, I might add, that that school. Now, my daughter, I am the university does, it reviews all of Rhodes Scholarships are, in fact, confident, were she applying to Michi- the applications from applicants. No awarded. It is a heck of a lot harder to gan, could have gotten up to 18 one gets 150 points, necessarily, but get a Rhodes Scholarship as a resident points—up to 10 for the quality of the there are methods by which you can from New York State than it is from school and up to an additional 8 for the get up to 150 points. South Dakota. That is a fact—a fact. It quality of her curriculum. And not be- Madam President, 110 of the 150 is the competition pool. Why? More cause of anything she had, but because points are strictly related to academic money per pupil tends to be spent in her old man was able to borrow the criteria. They relate to GPA, the those richer States than in the States money with her mother to pay for her school you went to, the high school you that are not as wealthy. to go to that school and expose her to So what have we done? In everything went to, the curricula you took, your that. She may have gotten B’s and my we do about education, we seek, as a SAT scores, et cetera. Forty points are sons who went there or I who went goal, not to reward the student, the di- up for grabs, and they relate to nonaca- there may have gotten B’s, while a kid verse student who is coming in, but the demic factors. from a little one-room schoolhouse— goal is to reward the student body that It is possible for a minority to get 20 some States still have one-room is there to expose them to diversity. points because of his minority status. It is good that my middle-Atlantic schoolhouses, not many—from a small People are pointing to that as saying State daughter is in a school with peo- school in, say, North Dakota, where that is unfair. Well, forget the con- ple who talk to you like this—you you have 20 kids in a senior class, that stitutional detailed arguments for just know what I mean—like y’all do in the kid got a B, same grade point. My a moment, because we will have plenty South. It is a good thing. She should be daughter may have gotten up to 18 of time to make those on the floor. I exposed to that. It is good your south- points; the kid from North Dakota, want everyone to remind themselves ern son or daughter knows and has with the same grade point average, what the rest of the University of someone in class that talks like they may get no added points. Michigan policy allows. are from Brooklyn. It is a good thing. How does it really work? A Black kid If you are the son or daughter of Some may disagree, but that has been in west Philadelphia, he might have alumni, you get 4 points. If you come a national consensus. gotten B’s from a school we all ac- from an underrepresented county with- Like geography, race is one of those knowledge isn’t that great a school. in the State of Michigan, you can get factors colleges do and should consider. My daughter gets an 18-point bump on up to 16 points. If you are a Michigan The only generic point I want to make the academic side because she went to resident, you get 10 points. If you are to people, as a Senator who opposes a school that costs—guess what, when I from an underrepresented State, you quotas—that is not hyperbole; I oppose went there, it cost $900 a year, now it get 2 points. quotas; and I have a 30-year voting is 15, 14 grand. How many middle-class Let me translate this. And I do not record about that—but what is good for Black kids out there are able to pay 14 mean this as a criticism of anybody the goose is good for the gander. grand, or Hispanic, Latino kids? So I else’s State. The most competitive, the All of you who tell me this is a level just think we should be honest about most difficult place to gain admission, playing field, give me a break. If your this. the most difficult geographic States to daddy happened to go to that school, it There is a legitimate constitutional gain admission to the most elite col- is not wrong that you get a preference. argument to make and a test that leges are Delaware, Pennsylvania, New But at least admit you are getting a Michigan is going to have to prove, and Jersey, and New York. It is harder to preference. Stop this game, this silly they should have to prove. There is a get into competitive colleges if you’re little game. two-prong test here. When you are in a a resident of those States. If, in fact, you come from a State suspect category—race is a suspect cat- If you are from Mississippi or Ala- that is poor, stop pretending to me egory—there are two tests: One, is bama or Alaska and have the same that it is a level playing field for a kid there a compelling Government inter- scores as students from these northeast from Mississippi to get to Harvard est in using race as one of many factors states—like my son or daughter from versus a kid from Westchester County, to achieve a diverse class, and, two, is Delaware, and my nephew from Penn- NY to get to Harvard. that use narrowly tailored. I think

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.059 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1125 Michigan can prove that. I haven’t with me over another issue about log- There is such an imbalance about done all the work. I teach constitu- ging roads through Federal lands. He this. That doesn’t mean we should jus- tional law; I think I know a little was really mad at me about that. I tify a wrong when it is only done to 1 about it. I can’t say to the Chamber, I looked at him and I said: Where did percent of the people because there is a am guaranteeing I know the Michigan you go to school? greater wrong done to another group of test is constitutional. They should He said: I went to Yale. people. We ought to be able to figure have to prove it. No problem. I think I said: You are the guy who took my out how to deal with this. they will. But let’s not kid each other. spot at Yale. I will end with this: I respectfully OK? Level playing fields? I will con- He said: What do you mean? suggest we should be making it a lot clude this part and get on to what I I said: We are the same age. You took easier for kids to get to college, period, was going to speak about and just look my spot at Yale. I know you are the across the board. One of the things we at it. one. should do is what my friend from Con- He said: What are you talking about? Of the total 150 points an applicant necticut has devoted his career to, and This guy happened to be from Alas- to the University of Michigan can get, he knows more about it than I do by a ka. I come from Delaware. If I’m not long shot, and that is making elemen- 40 points are for non-academic factors. mistaken, you got points at Yale for You can get 20 points if you’re an tary and secondary education truly being from Alaska. And probably his equal. He had an amendment that said, underrepresented minority, but also if marks were better than mine, but I you’re a scholarship athlete, or if on this big bill we passed on education, joked with him. He didn’t know. by the way, if you are going to test you’re a kid who is socio-economically I said: I bet my marks were better people equally, make sure you spend disadvantaged; you can get 10 points if than yours. I said: I’ll make you an- equal amounts of money on them. you’re a Michigan resident, 16 points if other bet. I bet your daddy went to you live in 2 particular counties in If you are a kid in west Philadelphia Yale. and you are a kid in Marion, which is Michigan; 4 points if your parents are He said: Yes, what difference does one of the wealthiest areas just 4 miles alumni; 3 points for your required per- that make? away, I don’t remember exactly what sonal essay; 5 points for personal It makes a difference. Assume my the numbers are, but it is like two or achievement; 5 points for leadership marks had been the same as his. I am three to one resources spent on the kid and service and, guess what—I say to from Claymont, Delaware. My father is in Marion to educate him than the kid my friend who went to a great, great making 17,000 bucks a year, and I ap- in west Philadelphia. We are going to university, the Presiding Officer, Duke plied to Yale. He is from a geographi- give them the same test. It reminds me University, one of the great univer- cally underrepresented area and his of the old separate but equal stuff. So sities in America; this will not surprise daddy went to Yale. her, I suspect—the provost has 20 I mean this sincerely, I understand there is a lot we can do to make sure no child, White or Black, is bumped out points of discretion. How about that the anger of working-class and middle- of the way because they are qualified, one? The provost has 20 points of dis- class White people like me, my back- but otherwise they do not suffer from cretion. ground. I can remember when my dad, one of the litany of things listed as Do you think the provost is more who was an automobile salesman, I re- being able to be taken into consider- likely to receive a phone call from the member my dad being so angry when chairman of the board of General Mo- ation in admission. he was trying to borrow the money to I am not making the case on the mer- tors, or do you think the provost is get a student loan to send me to the its. I don’t know enough about the likely to take a phone call from local university and my sister almost Michigan policy. I hope we have a hon- Rashid’s mother in Detroit? My col- at the same time. He was $800 over the est discussion about this when we talk leagues, as the kids used to say, let’s limit. It was like 18,000 bucks he made about it because there are preferences get real. Let’s acknowledge the truth that year, over the limit to be able to built in across the board, absolute pref- of this. There is no absolutely totally borrow. erences. blind test out there. The guy who worked on the lot came I know, as a middle-class White kid— I am not criticizing. Universities in really happy one day, and my dad lower middle class economically— have a reason for giving alumni pref- was good friends with him. But the guy growing up, who did relatively well, I erence. How do you think Harvard was was the laborer who cleaned the cars. knew that the kid who had a lot more built? There is a little red book on how And he said: My son is getting in. I got money, whose parents had gone to col- Harvard’s endowment was built. You the loan. lege, had more of an advantage. I didn’t build loyalty to a university. People And my dad thought it was so unfair begrudge them the advantage. It is just then do things for the university. That that this guy made one-third less than there. It is just there. Let us at least is a good thing, not a bad thing. It is a he did and he was able to get the loan, admit to that and acknowledge that. good thing. There is geographic diver- but my dad couldn’t afford to send us Let’s stop this—and nobody has done sity. It is a good thing that there is all without the loan. this in the Chamber, but let’s not start discretion built in. So I am not in any way belittling the demagoging this notion that all these But if you are going to take this legitimate concern and anxiety of mid- White kids are being discriminated purest view that race can never be con- dle class and lower middle class White against and so-called reverse discrimi- sidered, that minority status can’t be folks who feel they are pushed out of nation is killing opportunities for considered and you want to be fair, be the way. That is why I think we should White children. fair. Cash in your senatorial creden- give them all a $12,000 tax deduction to f tials when you start writing rec- get to school which I have been push- ommendations. OK? Don’t write a rec- ing for 8 years now. NORTH KOREA AND IRAQ ommendation. But it amazes me how some of our Mr. BIDEN. Madam President, we You want to be really fair? Be like friends in this Chamber and in the body can’t afford to put either Iraq or North every other person out there, do you politic political elite really will bleed Korea on the back burner. Both need know what I mean? Maybe it is because over the 1 or 2 or whatever percent of our immediate and sustained atten- I come from a place called Claymont. I the White children who really do get tion. But the crisis on the Korean pe- come from an Irish Catholic family. I bumped out of the way. Where is their ninsula, and it is a crisis—is our most am the first one in my family to go to bleeding for the 10, 20, or 30 percent of urgent priority. college—no Horatio Alger story. the Black kids or Latino kids who get The situation in North Korea has I once got in an argument during the pushed out of the way a thousand gone from bad to worse. They’ve Thomas hearings which I don’t like to ways? Is anybody suggesting to me the thrown out the international inspec- recall very often. Someone was saying injustice done to middle White class or tors. They’ve turned off cameras that to me that there was no preference any White student is anywhere nearly tracked thousands of canisters of weap- given to the Justice getting in the Yale equivalent to the injustices done or the ons grade plutonium. They’ve with- University Law School. And I looked at lack of opportunity available to mi- drawn from the Nuclear Non-Prolifera- this particular guy, who wasn’t happy norities? tion Treaty.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.061 S17PT1 S1126 CONGRESSIONAL RECORD — SENATE January 17, 2003 The irony here is that the very ra- artillery pieces just miles from Seoul— tain international support. Meanwhile, tionale some in the administration cite it could devastate the city, its inhab- the pressure will build on Saddam. Un- for regime change in Iraq is an emerg- itants and many of our troops before like in North Korea, times is on our ing reality in North Korea: A rogue re- we could respond. side, not his. gime and one of the world’s worst We know that for additional sanc- Of course, this massive deployment is proliferators is on the verge of becom- tions to bite, we would need the par- costly and hard on our men and women ing a plutonium factory. It will sell ticipation of South Korea and China, in uniform. But going to war would be anything it develops to the highest bid- neither of whom so far, wants to pursue far more costly in terms of troops and der. that path. treasure. It must remain a last resort. We know it doesn’t take much pluto- And we know that talking is not ap- If we do go to war, we better be abso- nium to make a nuclear threat real. peasement. It is the most effective way lutely certain that our friends and al- You only need something the size of to tell North Korea what it must do if lies are all in the game at the outset. the bottom of a water glass, about an it wants more normal relations with Not because we cannot prevail eighth of an inch thick, two pieces. us. In fact, in dealing with an isolated against Saddam Hussein without them. With a crude operation to ram it to- regime and a closed-off leader, talking We can—though it certainly makes gether at high speed, you have a 1 kil- clearly and directly is critical if we sense to spread the risk and share the oton bomb in a homemade nuclear de- want to avoid miscommunication and cost. But because without the support vice. miscalculation. of other nations, we will be left with a My colleagues from New York will We cannot and should not buy the political, financial, and, potentially, a remember this: our national labora- same carpet twice. We won’t if we in- regionally destabilizing burden after tories produced what could be a home- sist on getting more from North Korea we take down Saddam. We will have to made nuclear weapon. They made it off than we got last time. This should in- deal with the ‘‘day after’’ Saddam—or the shelf with easily obtainable mate- clude giving up the plutonium and more accurately the decade after—on rials. Everything except the pluto- spent fuel it already has produced and our own. nium. I asked Senators CLINTON and forsaking the production of plutonium In the weeks ahead, if we move to SCHUMER to bring that homemade and uranium in the future—all of this war, I hope the President will tell the weapon up to S. 407 and they walked it verified by international inspectors American people what he has not yet right in. and monitoring. told them: How much will the war The threat of proliferation exists in In turn, we should hold out the pros- cost? How will the balance his guns and North Korea as we speak, right now, pect of a more normal relationship, in- butter rhetoric with the bottom-line not tomorrow or next week or next cluding energy assistance, food aid and budget realities we face? How many month or next year, but right now. a ‘‘no hostility pledge.’’ troops will have to stay in Iraq after And by the way, if President Clinton IRAQ Saddam and for how long? How much had not completed the Agreed Frame- As we contend with Korea, we also will it cost to rebuild Iraq? Who will work, North Korea would already have must deal with Iraq. The administra- help us foot the bill? The American material for dozens of nuclear weapons. tion was mistaken to suggest North people deserve answers to these and If North Korea continues down this Korea could be put on the back burner. other key questions? path, we also risk an arms race in Asia. But so are those who suggest Iraq is The PRESIDING OFFICER. Under Think about it. North Korea, South not a major problem. It is, and we must the previous order, the Senator from Korea, Japan. And if that happens, continue to deal with it on its own Kansas has 5 minutes. China will build up its nuclear weapons merits, but on our own timetable. f arsenal, India will get nervous and do It’s no secret that the State Depart- TRIBUTE TO REVEREND DR. the same, and Pakistan will follow ment, the Defense Department, and the MARTIN LUTHER KING, JR. suit. Everything we’ve been working to Joint Chiefs of are at odds on the best present for decades—a nuclear arms course of action in Iraq. Mr. BROWNBACK. Madam President, race in Asia and beyond—will become a We have Hans Blix and the IAEA say- I wish to focus the body for a few min- reality. And that could have a terrible ing that the inspectors need more time utes on January 20, 2003, when we will impact on economic stability, too. to accomplish their mission—that they pause to remember Dr. Martin Luther The regime in Pyongyang is first and will have to stay in Iraq much longer King, Jr., a man who changed the foremost to blame for this crisis. But to get the job done. course of history and America’s con- frankly, two years of policy incoher- Secretary Rumsfeld is saying, if we science. ence on our part has not helped mat- get ourselves locked in for four more Dr. King is really one of those few in- ters. We have see-sawed back and forth months we will lose our weather win- dividuals throughout history who has between engagement and name-calling. dow and be forced to wait until the fall. so nobly exemplified the principles of And the last two weeks of taking op- Secretary Powell is saying, look, we sacrificial love and devotion. He tions off the table—especially talk- must make it a priority to maintain changed a country, and he gave his life ing—has made matters worse. It tied the support of the French and the Ger- in the process. our own hands and added tension to our mans and everyone else, not to men- I want to read a short excerpt from a already strained relationship with a tion the American people. The Presi- speech he gave the night before he was key ally, South Korea. We need a dent was right to make Iraq the assassinated. On April 3, 1968, 1 day be- clear—and clear eyed—strategy for world’s problem, not just our own. fore he was killed, Dr. King said the dealing with this danger. Let’s keep it that way. following in a speech: I’m pleased the administration now In my view, the President has shown I don’t know what will happen now. We’ve seems to be on the right track. As sev- restraint on Iraq. He has gone to the got some difficult days ahead, but it doesn’t eral of us have argued for weeks, direct United Nations. He has allowed inspec- matter with me now. I’ve been to the moun- talks are the best way out of this im- tors to begin. Now he must allow them taintop and I don’t mind. Like anybody, I passe. to take their course. I would say to the would like to live a long life; longevity has its place, but I am not concerned about that Some claim that talking is appease- President, keep it going. In the eyes of now. I just want to do God’s will. And he’s ment. Well, we know that not talking the world, you’re doing it right. allowed me to go up to the mountain, and I could result in North Korea having the Inspectors are not a permanent solu- have looked over and I have seen the prom- material to build up to a half dozen nu- tion and neither is our massive troop ised land. I may not get there with you, but clear weapons in six months—and doz- presence. But so long as the inspectors I want you to know tonight that we as a peo- ens more in the months and years to are doing their work in Iraq, backed up ple will get to the promised land. follow. by the threat of our forces, it is highly He said that April 3, 1968, the day be- We know that taking out North Ko- unlikely Iraq could pursue a nuclear fore he was killed. I want to particu- rea’s plutonium program must be a program undetected or would run the larly focus on that last sentence: course of very last resort. Pyongyang risk of selling chemical or biological . . . but I want you to know tonight that has more than 10,000 heavily protected weapons to terrorists. And we will sus- we as a people will get to the promised land.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.024 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1127 In order for our Nation to reach the difficulties, trials, tribulations, and As much as I would like to see a promised land Dr. King referenced, we triumphs of the African-American peo- bonus payment to all farmers, I really must see a racial understanding, a ra- ple. It is my hope that through this un- do not think it can be justified before cial reconciliation. We are still work- derstanding we will start to improve we provide a disaster program for those ing at it and we still have a ways to go. and create bonds and a racial reconcili- who have been hit by natural disasters. We need to do it through education, ation in our land. The hard reality is that this is some- through cooperation, through commu- Madam President, I yield the floor thing we have always done, whether it nication, and we need to do it every and suggest the absence of a quorum. was floods in other parts of the coun- way we can. The PRESIDING OFFICER. The try—Missouri—or hurricanes in Florida For several years now, several of us clerk will call the roll. or earthquakes in California. Every have been working together—I have The assistant legislative clerk pro- year I have been here, 16 years, we have particularly worked with Congressman ceeded to call the roll. responded to natural disasters. Last JOHN LEWIS on the House side to create Mr. CONRAD. Madam President, I year, for the first time ever, we failed. a national museum of African-Amer- ask unanimous consent that the order There was no program to respond to ican history and culture on The Mall for the quorum call be rescinded. natural disasters. here in Washington—in our front yard. The PRESIDING OFFICER. Without I do not think we are going to look I am proud to say that I have had the objection, it is so ordered. very good to the American people or support of many Members of this f very responsive to those who have suf- Chamber on this issue, including Sen- fered from natural disasters if our an- NATURAL DISASTERS IN NORTH ators SESSIONS, SPECTER, DODD, and swer is to cut programs across the DAKOTA CLINTON. board and give a bonus to all farmers I am confident that when the Presi- Mr. CONRAD. Madam President, I whether they suffered from natural dis- dential commission, which we created, rise to talk about a matter that is of aster or not. I just do not think that submits their report on the creation of urgent concern to the people I rep- can be defended. I believe such an ap- this much needed piece of American resent in the State of North Dakota, proach is going to create very hard history, this body will vote to create where we have been hit by a series of feelings, and I do not think it is fair. this museum—a museum that not only natural disasters, both drought and The drought we are experiencing in means a great deal to African Ameri- flood. southwestern North Dakota has now cans, but to this whole Nation as well. In northeastern North Dakota, we crept across the State. We just received I don’t pretend that the creation of a have had nearly a decade of overly wet the latest information from the U.S. museum will be a cure-all for racial conditions and, as a result, very severe Drought Monitor. It shows that the reconciliation. It is, however, an im- crop damage, a dramatic loss in pro- drought is now covering virtually all of portant and, I think, a very productive duction. Ironically, in the other corner our State and, of course, it shows the step toward healing our Nation’s racial of the State, the southwestern corner, terrible and prolonged drought to our wounds. I hope it can be a museum of we have had the most severe drought west in Montana, Wyoming, Colorado, reconciliation at the end of the day, since the 1930s. This combination has and down into Arizona. This is a and that we will be expanding on Dr. been a devastating blow to producers in drought that is expanding, that is King’s philosophy of understanding the my State, as it has been to producers growing, and that is devastating every- plight of one another through edu- in Montana, where they have suffered thing in its wake. That has to be re- cation. from terrible drought. Right down the sponded to, and always before, we have As we celebrate the life and legacy of core of the country, State after State had a program of natural disaster as- one of our greatest national leaders, we has experienced overly dry conditions. sistance. need to return to those basic values On the other hand, States to our east Some have said: Just take it out of which Dr. King promoted. His values have experienced overly wet condi- the farm bill. There are no provisions are work, family, charity for our fellow tions, with dramatic crop losses, and for disaster assistance in the farm bill. man, and, most importantly, the rec- substantial damage to the economy as The administration opposed it. It is not ognition of a higher moral authority, a result. there. which empowered his life so much. In the last farm bill, we passed in the Some say it is not fiscally respon- I had the opportunity last year to Senate on a bipartisan basis a disaster sible to have a program of natural dis- meet in Atlanta with Dr. King’s wife, relief package. When we went to con- aster assistance. We have never taken Coretta Scott King. She brought up ference with the House of Representa- that position in the whole 16 years I again that point of view that empow- tives, we were told there were two have been here. We have helped every ered him, which was the power of faith things that could not be negotiated. part of the country that suffered from that was evident in all that he did. One was opening up Cuba to trade. The natural disaster. Every year, we have Only through those qualities he ex- second was disaster assistance. We helped those who have been hurt. I do pressed and lived by will we become a were told that both had to go to the not think we should do any less this nation truly worthy of Dr. King’s leg- Speaker of the House. When the Speak- year. acy. er of the House was contacted, he said The fact is, I wrote the Congressional According to Dr. King, I will quote that the answer on both of those ques- Budget Office and asked them: What again: tions—opening up Cuba for trade and are the savings in the farm bill because The ultimate measure of a man is not disaster assistance—was a firm no. of these disasters? They wrote back to where he stands in moments of comfort and The administration, in open session me and said: Senator, the savings, be- convenience, but at times of challenge and controversy. A true neighbor will risk his po- in the conference committee, indicated cause of these natural disasters, are ap- sition, his prestige, and even his life for the they would not support disaster assist- proaching $6 billion this year. Why? If welfare of others. Indeed Dr. King exempli- ance. you have natural disasters, you have fied those qualities in his life, and I invite Madam President, we now come to less production; less production, higher all of my colleagues to join me in continuing this juncture, and we have another op- prices; higher prices, lower farm pro- this legacy. portunity to respond to the extraor- gram payments. We will be introducing—probably dinary natural disasters that have been The distinguished occupant of the within a month—the bill on the na- felt in various parts of the country. chair is married to a gentleman with tional African American museum. I And the question is: What do we do? whom I served for many years. Senator hope my colleagues will join us in sup- Some have suggested in this legislation Dole, the former Republican leader, porting this. I think it is going to be an an across-the-board cut of 1.6 percent represented Kansas in the Senate. He important statement. We have tried in all domestic programs, and then to and I worked together many times on now for some 73 years to get this sort take some of that money and give a disaster assistance in the Agriculture of museum—I have not personally, but bonus payment to all farmers, whether Committee and on the floor of the Sen- a number of groups have. It is time they have been hit by natural disaster ate. Whether it was a problem in Kan- that this happens in order to tell the or not. sas or a problem in North Dakota or a

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.064 S17PT1 S1128 CONGRESSIONAL RECORD — SENATE January 17, 2003 problem outside of our States, we ments, eventually becoming the first EULOGY FOR CLARENCE ‘‘DU’’ BURNS sought to be responsive to those who African-American mayor of Baltimore. (By Father Edward Miller) suffered from natural disaster, and I Born on September 13, 1918, in East Extraordinary people are ordinary people, believe we should do that again. Baltimore, Du attended Frederick who allow Gods’s Amazing Grace to touch The proposal in this appropriations Douglas High School and the Larry them and transform, them. bill was not done in consultation with London School of Music, where he de- Extraordinary people are ordinary people, the Agriculture Committee members, veloped a love of jazz that would stay who, if you hinted that they were extraor- with him through his lifetime. At the dinary, would deny it, with all Christian and it borders on bizarre. I do not know Honesty and Humility. how else to say it. To cut every other age of 21, he married Edith Phillips, Extraordinary people are ordinary people, domestic program by 1.6 percent and and soon thereafter joined the United who, are graceful in life’s victories, and gra- then give a bonus payment to every States Army Air Corps. Du served in cious in life’s defeats, because they know the farmer, whether they have suffered the Air Corps for 3 years before return- God who makes the sun to shine on the just losses or not, whether they have had ing to Baltimore and embarking on a and unjust, the rain to fall on the good and natural disaster or not, I do not think long career of service to the city. not so good. For 20 years, Du Burns worked at Extraordinary people are ordinary people, can be justified. who, when they are ‘the first’ to do some- We just passed a farm bill. I fought Paul Laurence Dunbar High School as a recreational and youth hygiene coun- thing, simply say that somebody had to be very hard for it. It is a good farm bill. first, but then look out for those who come It is not perfect, but it is a good farm selor. In 1971, he first entered the polit- after them, knowing that ‘‘if I can help bill, substantially stronger than the ical arena, serving as 2nd district coun- somebody...’’ previous farm bill. For us to cut every cilman from 1971 until 1982, and later This morning we come in faith to com- other program 1.6 percent and give a became both Vice President and the mend the soul of our brother in the Lord, and bonus payment to every farmer in the first African-American President of the an extraordinary man, Clarence Du Burns, to Almighty God. country whether they suffered from a city council. Then, on January 26, 1987, Du was sworn in to complete the term I’ll bet even God calls him Du. disaster or not, I do not think can be of Governor William Donald Schaefer, When I went to the hospital to give him justified, I do not think can be sup- the Last Rites of our Catholic Church, his becoming the 45th mayor of Baltimore ported. much loved grandchild Lisa, trying to wake and the first African-American mayor Sign me up to give help to those who him up, kept calling in his ear, ‘‘Du - Du - Du in the history of the city. - wake up!’’ have suffered a natural disaster. This simple list of Du’s career posi- Whether it is in the State of Kentucky, Now, I come from the old school, and can- tions does not come close to expressing not ever imagine calling either of my grand- the State of North Carolina, the State all he accomplished and all he meant fathers John. of New Mexico, the States of North or to Baltimore. Du Burns got his nick- But I am sure that Du would have had it no South Dakota, Montana, or Colorado, name because he was always ‘‘doing’’ other way! we ought to have a disaster package, He was proud of that name! And he will things for others. He made his life’s probably be the only Baltimorean to ever disaster assistance for those suffering work the improvement of our city, par- from disaster. We should not cut every- carry it. He got it the old fashioned way: he ticularly those areas that others had earned it. body else and give bonus payments to written off as beyond help. Among his When you speak it, and we had better tell those who have had no disaster. many accomplishments were the cre- his story to our children and children’s chil- How can that be justified? What are ation of the new Dunbar High School dren, speak his name with reverence, and we going to do, cut law enforcement to Complex; the East Baltimore Medical with respect. give bonus payments to those who had Plan, the first community-based HMO Du Burns embodied what was good about no disaster? I do not believe that will politics, what was good about life, what was in the Nation; and Ashland Mews, a 372 good about Baltimore, the city he loved. be sustained. I do not believe that will town home community for first time be carried through the process. I do not He loved his country, which he served for 4 homeowners. Du was one of the found- years in the army. believe the President of the United ing members and later a long-time He loved his Catholic Faith, and as a con- States would sign such legislation. chairman of the board of the East Bal- vert to Catholicism 45 years ago, was a mem- Most of all, it is not right. timore Corporation, a nonprofit organi- ber of St. Francis Xavier Catholic Church, Let’s take the resources that are zation that provides substance abuse itself a first, the first African American available, the substantial savings that services, job training and placement, Catholic Parish in the US. are in the farm bill because of these It was the only church he was a member of and numerous other services to people as an adult, those 45 years, although he was disasters. Because we had natural dis- that desperately needed assistance in asters, there is less production; as a re- known to sneak over to St. Bernardine’s order to revitalize the community. Du from time to time with Cheryl and Lisa, and sult of that, there were higher prices; likewise was a founder and chairman of soon stopped standing up when visitors stood as a result of that, there were lower the Eastside Democratic Organization. to be recognized. farm program payments to the tune of But most central in his life was his He served at St. Francis Xavier as an $6 billion, maybe more. The CBO is family and his church. Du was an ac- usher, but not in an official, usher board ca- about to release new estimates. They tive member of the St. Francis Xavier pacity; he stepped in when needed, when the ushers were short-handed. may show even greater savings. I think Roman Catholic Church for 45 years, a portion of those savings ought to be That was Du. and devoted to his wife Edith, daughter The Sun editorial on Tuesday said ‘‘when allocated to help those who suffered Cheryl, granddaughter, and extended he ascended in 1987 to become the first Black from natural disasters, and goodness family. mayor of Baltimore, Mr. Burns knew a thing knows those losses were widespread in Like Dr. King, Du Burns serves as an or two about how to make things work. He 2002. example that one person can move knew how to run an organization, he knew I conclude by asking my colleagues mountains and change the world for how to look after people.’’ to think carefully about the precedent the better with selfless service to the Cardinal Keeler, that sounds like the defi- we are setting because always before, community. I was privileged to attend nition of an effective pastor! And he might when others suffered natural disaster, have made a great Catholic priest and pas- the funeral mass for Du yesterday, tor, except that God called him to another we responded. We ought to do no less which was a touching celebration of his vocation, to say ‘‘I do’’ to Miss Edith 63 now. life and legacy. I think the homily years ago, and to travel through life to- Mr. SARBANES. Madam President, given by Father Edward Miller at that gether for these past 63 years. it is appropriate that, on the eve of the service was a wonderful tribute to the Du loved his family, his wife, daughter and Martin Luther King, Jr. holiday, I rise spirit that guided his life, and which granddaughter, as the family pictures that today to pay tribute to a great Mary- we should all strive to emulate. In literally cover every square inch of the liv- lander and civil rights leader in his honor of Du Burns, I ask unanimous ing room walls attest. Much was always made of Du’s humble be- own right, former Baltimore Mayor consent that a copy of that homily now ginnings, of the locker room at Dunbar. And Clarence ‘‘Du’’ Burns. be printed in the RECORD. I say, ‘‘Tell it, tell it, tell it some more; tell From humble beginnings in East Bal- There being no objection, the mate- it to our children, who flippantly dismiss timore, Du Burns began a lifetime of rial was ordered to be printed in the flipping burgers, because it is beneath public service and great accomplish- RECORD, as follows: them.’’

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.066 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1129 Our youth need to know that if you have Eternal Rest grant unto him, O Lord . . . cans without health insurance. As nothing, then nothing is below you. You Mr. BREAUX. Madam President, I health care costs rise, we need a new can’t be the CEO, if you have Zero!!! We need rise today to pay tribute to a great hu- approach to health care in this coun- to tell them that in life, you do, and you manitarian and a great American, Dr. try, an approach that aspires to uni- keep doing; and if God gives you a lemon, Martin Luther King, Jr. This week, as you make the best lemonade anyone ever versal access for every man, woman, drank. That was Du’s way! our Nation honors Dr. King on what and child. Tell them that if you do what is right, God would have been his 74th birthday, we It is also past time to engage in a will make a way, somehow! That was Du’s have an opportunity to reflect on his sustained and serious dialogue on ra- faith! courage, his legacy, and his dream for cial profiling with an eye toward more His being present and available back then a better and more equal America. public education and antiprofiling leg- at Dunbar, led to so many other develop- To honor his legacy and to more fully islation. ments. Du became a youth counselor—to shape realize Dr. King’s dream, we in public Our country has come a long way in and guide young lives; a teacher—who shared service must support an agenda that working to end the plague of discrimi- his street smarts, and mentored aspiring reflects what is most important in the nation and prejudice. Are things bet- politicians in East Baltimore; a developer— lives of all Americans, policies that ter? Yes, but they can be better still. as the Dunbar Complex rose up; this emphasize economic opportunity, im- We can do better, and we must. uneducated man!; an architect—of the East proved education, an enhanced Mr. LEVIN. Madam President, all Baltimore Community Development; a build- healthcare system, election reform and across America preparations are being er—as new housing rose up for first time protection of basic civil rights. made to commemorate the life and leg- home owners; a negotiator—as his skills First, as we commemorate the legacy acy of Dr. Martin Luther King, Jr. On built city council coalitions; this uneducated man!; a doctor—as the East Baltimore Med- of Dr. King and his dream for our Na- Monday, January 20, we will memori- ical Plan came to be; a wise man—who knew tion I would like to take an oppor- alize a man who sought to protect the that you don’t hang your dirty laundry out tunity to recognize the brave contribu- dignity of a people and awaken the for all to see; but you clean it up in the back tion of the African-American commu- conscience of a Nation. room, and hang it out clean, so no one would nity in my own state of Louisiana, men Dr. King’s death is 35 years behind us be embarrassed; a mathematician—who and women who have been true leaders now. To some extent, deeply felt pas- knew that ‘‘10’’ was the magic number; 10 and pioneers in our shared journey for sions and the frustration, anguish, and votes, you win! This uneducated man! But most of all, Du Burns was a servant of equality, justice and human dignity for bitterness with which the Nation was God! all Americans. consumed during the tragic year of 1968 The First Letter of John tells us that we Our country’s first bus boycott, behave cooled. But what remains with us cannot say we love the God we cannot see, if fore Rosa Parks’ courageous stand in and what is indelibly woven into the we do not love the sisters and brothers we do Montgomery, occurred in Baton Rouge. fabric and history of our Nation is the see. Dr. King’s national civil rights organi- vision which Dr. King lived for and the Du knew that; he saw situations, he recog- zation, the Southern Christian Leader- dream for which he died. Dr. King em- nized needs, and he served. The phrase ‘‘too busy’’ was not in his vocabulary. ship Conference, was inaugurated and braced all Americans in his quest to People were housed, fed, educated, given a chartered in New Orleans. And the make a living reality of equality of op- chance, at his initiative. That is not irrele- bravery exhibited by students at portunity and economic and social jus- vant; that is life-giving, that is service; and Southern University was responsible tice for all humankind, those funda- to a believer, that is living the Gospel of for the landmark Supreme Court case mental principles in our Constitution. Jesus Christ. that desegregated the entire interstate This great warrior, whose battlefield Baltimore is better, because Du Burns, an was the hearts and minds of those who ordinary man, took what God gave him, used commerce facilities. it for others’ good, and became extraor- Dr. King’s dream for equality and op- did not feel that justice and dignity dinary, and forever a piece of Baltimore his- portunity is reflected in recent work were meant for all people, whose shield tory. here on the floor of this body. and armor was a strong determination Too many people spend their lives climb- Last year, Congress and President and an unassailable character and ing the ladder of success, and when they Bush worked together to improve edu- whose ammunition was moral convic- reach the top, they find out it has been lean- cation for all students in our public tion and self-sacrifice, continues to de- ing against the wrong building all the time. schools with increases in Federal in- serve the fullest honor of this Nation. Not so for Du. Most important: Du knew what God would centives for the lowest performing Dr. King gave a number of famous do. schools. To that end, I intend to pursue speeches during his time, most notably He knew that it mattered not if your name increased funding for the TRIO and in Montgomery, Birmingham, Selma, appeared in Who’s Who at the library; it only GEAR UP programs, and for Histori- Chicago, Detroit, and several other cit- mattered if your name was written in the cally Black Colleges and Universities, ies. He came to Detroit on June 23, Book of Life. HBCUs. 1963, the day after his first meeting Sunday afternoon, Our Father God sent an with President Kennedy. Introduced as escort named Jesus, to take Du home. Congress has passed comprehensive As lovingly as Lisa had called his name the election reform legislation to begin to ‘‘America’s beloved freedom fighter,’’ Sunday before, Jesus now called his name. correct the problems and prevent the he called the ‘‘Freedom Walk’’ that day The man who rode to many city appoint- abuses of the 2000 election that led to in Detroit ‘‘the largest and greatest ments in a city limo, now had his best ride the disenfranchisement of African- demonstration for freedom ever held in ever, as that heavenly chariot swung down to Americans and other minorities. the United States.’’ Dr. King went on take him to that home on the other side, to Our country struggles through an to say, ‘‘ . . . I can assure you that that land where he will never grow old. And he heard the Lord say, Du, you did! economic slowdown with high levels of what has been done here today will You understood that, whatever you did to unemployment, particularly in the Af- serve as a source of inspiration for free- the least of your s/b, you did to me! Now, rican-American community. Congress dom-loving people of this nation.’’ rest in the green pasture, sit beside the cool has acted and passed an extension of Dr. King spoke about Birmingham water, take your place at the banquet table. unemployment benefits. and the vision that had been broadcast On Du’s tombstone will soon be inscribed In 1996, we changed the way welfare to the entire world just two months his name, dates of birth and death, and a works to help families escape the cycle earlier, when dogs and fire hoses were dash in between them. What he did in that dash through life made of poverty and achieve independence. turned against peaceful marchers. He all the difference. This year we must reauthorize those said, and I quote, ‘‘Birmingham tells us The psalmist says that 70 is the sum of our landmark reforms, but do so with more something in glaring terms—it says years, or 80 if we are strong. funding for childcare, healthcare and that the Negro is no longer willing to So we place a strong man, tenderly, lov- transportation. Children should not be accept racial segregation in any of its ingly, into God’s unchanging hands. the victims of welfare reform, and no dimensions.’’ It is said that the Free- We are better, Baltimore is better, because Du passed through. mother should be forced to choose be- dom Walk in Detroit was in many re- Thank You, Lord, for Du. Give him, we tween her job and the care of her child. spects a rehearsal for the upcoming pray you, the reward that his good labors de- There is much more to do. Today March on Washington and Dr. King’s I serve. there are more than 40 million Ameri- Have a Dream speech, two months

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.034 S17PT1 S1130 CONGRESSIONAL RECORD — SENATE January 17, 2003 later on August 28, in our Nation’s Cap- So as we gird ourselves to defend democ- JOHN LEWIS would start to practice his ital. racy from foreign attack, let us see to it that oratory that ultimately brought him Dr. King gave the people of this Na- increasingly at home we give fair play and to be such a great preacher, to be such tion an ethical and moral way to en- free opportunity for all people. a great lieutenant of Dr. King’s, or gage in activities designed to perfect Even as we continue to fight the war now, as we know, a great public serv- social change without bloodshed and on terrorism abroad, we are reminded ant, having been a Member of the violence; and when violence did erupt of the injustice that still exists here, House of Representatives for a number it was that which is potential in any and we must be equally diligent to root of years. protest which aims to uproot deeply out violence and discrimination at But the story I wanted to share about entrenched wrongs. Dr. King preached, home. JOHN LEWIS, I asked him one day, there ‘‘Do not be overcome by evil, but over- The racial profiling and hate crimes was something very special about what come evil with good.’’ that have occurred in the wake of Sep- you and Dr. King and the rest of Dr. He believed in a united America. He tember 11 are a blight on our Nation; King’s group would do because you believed that the walls of separation but, we know that hate crimes are not were always together and there was not brought on by legal and de facto seg- new. June will mark the 5th anniver- a lot of discord. How was it, in the face regation and discrimination based on sary of the murder of James Byrd, Jr. of all of that physical threat and at race and color, could be eradicated. His in Jasper, TX. James Byrd was dragged times physical brutality, you were able quest was to make a living reality our to his death for no other reason than to be so successful and so single-mind- fundamental principles, that ‘‘all men hatred of the color of his skin. This is ed of purpose that you ultimately are created equal,’’ and with a right to shameful, and our government must do achieved your goal? ‘‘life, liberty, and the pursuit of happi- more to protect all its citizens regard- He said: Bill, we always met together ness.’’ less of skin color, religion, gender, na- as a covenant group in prayer and we Few have dedicated their life so tire- tional origin, or sexual orientation. always prayed together that divine lessly in the struggle for equality as As all of my colleagues know, I have providence would watch over us, and Dr. King. From the bus boycott in been working to pass hate crimes legis- that gave us the strength. Montgomery to the sanitation workers lation that will eliminate the bureau- That was an insight for me into that in Memphis, his unyielding commit- cratic jurisdictional hurdles that extraordinary part of American history ment to improve the lot of all Ameri- hinder our efforts to prosecute hate where they were so very successful. So, cans was demonstrated—he achieved crimes, and give federal prosecutors on this eve of Dr. Martin Luther King’s significant goals by peaceful and non- new resources for cases involving race. holiday, I not only give the reverence violent actions. To Dr. King, those I know that this will be the year to fi- and the respect to Dr. King, but to means were beneficial to those in the nally pass this legislation in the U.S. those who were with him, like our struggle as the ends they were seeking. Senate. It is high time that we act to friend, our colleague here in the Con- With reference to the 11-month long end the specter of hate across our Na- gress, Congressman JOHN LEWIS. successful Montgomery bus boycott, he tion. But there is another story I wanted said: So as we pause to remember Dr. King to tell you about. It is illustrative of Nonviolence had tremendous psychological next week, let us continue to look for some of the obstacles that have had to importance to the Negro . . . This method was grasped by the Negro masses because it opportunities to try to create change. be overcome, particularly by minori- embodied the dignity of struggle, of moral We can all work a little bit harder to ties and people of color, for whom Dr. conviction and self-sacrifice. The Negro was create the kind of world he dreamed King fought so successfully. I want to able to face his adversary, to concede to him about, a world in which things are the tell you the story about Charlie Bolden a physical advantage and to defeat him be- way they ‘‘ought’’ to be rather than from Columbia, SC. cause the superior force of the oppressor had the way they are. One day I was down in my State and become powerless . . . I am convinced that I thank the Chair. I yield the floor a very distinguished retired gentleman the courage and discipline with which Negro and suggest the absence of a quorum. approached me. He said, You don’t thousands had accepted non-violence healed the internal wounds of Negro millions who The PRESIDING OFFICER (Mr. know me, but we know someone in did not themselves march in the street or sit SUNUNU). The clerk will call the roll. common and that’s Charlie Bolden. He in the jails of the South. One need not par- The assistant legislative clerk pro- knew that the relationship I had with ticipate directly in order to be involved . . . ceeded to call the roll. Charlie Bolden was that Charlie was to have pride in those who were the prin- Mr. NELSON of Florida. Mr. Presi- my pilot on the 24th flight of the space cipals . . . to restore to them some of the dent, I ask unanimous consent that the shuttle. Both of us were rookies. That pride and honor which had been stripped order for the quorum call be rescinded. is the same Charlie Bolden who went from them over the centuries. We have come The PRESIDING OFFICER. Without on to command two more flights, ulti- a long way toward achieving justice and objection, it is so ordered. equality for all. mately retired from the astronaut of- Mr. NELSON of Florida. Mr. Presi- fice, went back in the active duty Ma- When the Supreme Court order to dent, on the occasion of the day that rines, and has just recently retired end segregation on buses was delivered honors Dr. Martin Luther King, Jr., I with a second star—General Charlie to Montgomery, Dr. King proudly told offer a couple of thoughts. I will share Bolden. an overflow crowd at a local church: with the Senate a couple of stories. But the story this gentleman wanted We came to see that, in the long run, it is I think of what Dr. King and his band to tell me was the extraordinary suc- more honorable to walk in dignity than ride in humiliation. So in a quiet dignified man- of brothers and sisters meant to this cess story of Charlie Bolden from Co- ner, we decided to substitute tired feet for Nation and their extraordinary success lumbia, SC, whose father was a football tired souls, and walk the streets of Mont- under extremely difficult cir- coach, whose mother was a librarian gomery until the sagging walls of injustice cumstances and under a great deal of who had always taught him the value have been crushed. duress. One of his young lieutenants is of an education and the value of hard We have come a good distance in ful- a member of this Congress, Congress- work. Yet when this outstanding high filling Dr. King’s dream, but there is man JOHN LEWIS of Atlanta. He was school student applied to the Naval still a ways to go. Let us rededicate one of the youngest of Dr. King’s lieu- Academy, his representative from the ourselves today, in his name, to con- tenants, having been a very young South Carolina congressional delega- tinuing the struggle for human rights preacher from Alabama who had joined tion would not nominate him because for all, for which he lived and died. Dr. King, a young preacher who, by the of the color of his skin. So this gen- Mr. SMITH. Madam President, I rise way, has regaled so many in this Con- tleman I met in Florida wanted to tell today to celebrate the life and remark- gress with the stories of how he learned me the story. able work of Dr. Martin Luther King, to preach in a rural area of Alabama, He was an Assistant Secretary of De- Jr. In remembering Dr. King, I think on a dirt farm, where JOHN LEWIS as a fense under the administration of we should all hold close to our hearts child would go out to the henhouse, President Johnson, and one of his spe- these words, spoken by Dr. King in May and there, with an audience of hens cific duties, in addition to his Depart- 1944: perched on their perch in the henhouse, ment of Defense duties, was to go

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.069 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1131 around the country and find promising off the African coast—sometimes with One of the interesting things about minority students and try to get them the complicity of some of the tribal that address from which I take some married up with a sponsor who would chieftains and sometimes not—taking comfort is Dr. King left his established nominate them to the service acad- natives as slaves against their will and transcript in the speech. He started out emies. This gentleman found Charlie forcing them into the holds of ships, sticking to the transcript, and as the Bolden, who could not get a nomina- separating them from families and speech built he became overcome with tion from his congressional representa- shipping them to the new world where the spirit of what he was doing, and ex- tive in his home State. But Senator they would be sold. temporaneously launched into the Hubert Humphrey of Minnesota nomi- Wilburforce, at age 24, and a Parlia- soaring phrases that he outlined of ‘‘I nated Charlie. mentarian, said this is wrong; it is Have a Dream,’’ and he described to Charlie went to Annapolis. He was against God’s law, and he devoted him- America what he saw. promptly elected president of the self to the abolition of the English One of the interesting ironies of to- freshman class and continued as class slave trade. Time after time, again he day’s debate about civil rights is the president, interestingly, alternating as was beaten in vote after vote, but he dream Martin Luther King, Jr. saw in class president in that Annapolis class persevered. He overcame, and 20 years the eyes of many is being turned on its with another very distinguished Amer- later his bill passed the Parliament. As head. He saw a country where color ican, the just retired Adm. Blaire, the a matter of law, the English slave would make no difference, where it Commander in Chief of the Pacific for trade was abolished. Some 20 years would make no difference in employ- the United States. Charlie, at the end later—literally 3 days before William ment, where it would make no dif- of graduation, chose the Marines. He Wilburforce died, news was brought to ference in academic admission, where chose aviation, he became a marine him on his deathbed that the Par- people would be judged on the basis of test pilot, and then he applied for the liament had abolished slavery, a full 2 anything but their skin color. He had a astronaut office. Fate brought the two or 3 decades before slavery was abol- dream that that time would come. of us together on the flight that had to ished in the United States. I will not go into detail about the be scrubbed four times on the pad, de- He also had as one of his great cru- current fight that is going on with re- layed over the better part of a month. sades not only the English slave trade, spect to the University of Michigan, On the fifth try, almost a month later, but what he called ‘‘The Reformation but I do wonder aloud how you can we were launched into an almost flaw- of Manners’’—what we term today a square what has been going on at the less 6-day mission, with Charlie having moral and spiritual revitalization of University of Michigan with Dr. King’s to correct a helium leak immediately the country. He did that for England in dream. If at the time he had given that after launch, only to return to Earth that day and was exceptionally suc- speech the University of Michigan had from a very successful mission and, 10 cessful, particularly after he wrote a a rating system for all of its applicants days later, Challenger launches and book, which would be at the top of the and said if you are white we will give blows up 10 miles high in the Florida New York Times best seller list today, you an automatic 20 points on our rat- sky. called ‘‘A Practical View’’—written by ing system, but we will deny those An extraordinary success story about William Wilburforce. points to anyone who is Hispanic, a fellow, an African American, who On this eve of Dr. King’s birthday I Asian, or African in heritage, I think wanted to achieve, who obviously had wanted to reflect on these giants— Dr. King would have had a few things the right stuff, who could not get in be- JOHN LEWIS, a contemporary among us, to say about the inequities of that. I cause of the color of his skin in a nomi- a lieutenant of Dr. King; Charlie Bold- think clearly he would have condemned nation process, who was given a break en, a contemporary today, a just re- that, and he should have condemned and who soared in his personal achieve- tired Marine two-star general, former that. ment and his contributions to our soci- astronaut; and William Wilburforce, Now some of those who claim to be his spiritual heirs are applauding that ety. This is another example of the one of the great leaders who single- when it is applied in reverse. I will principles for which Dr. King fought. handedly as a single member of Par- I want to tell one more story. This is liament—not in the government— leave that matter to the courts. I will a story that has nothing to do with changed the course of history of the let that play itself out however it hap- American history, but it is one of my world by his persistence in establishing pens. But I want to make this one further favorite political heroes in history. A a law to abolish the English slave trade. observation. British parliamentarian by the name of What does that tell us about Dr. Mar- William Wilburforce came to the Par- What do those three people have in common, JOHN LEWIS, Charlie Bolden, tin Luther King, Jr.? That tells us he liament in the 1790s and served there and William Wilburforce? What they had parents who were married to each for almost 4 decades. He came to the had in common was clearly they were other, who were stable in their family, Parliament at age 21. He came at the courageous, clearly they were per- who loved him, and who raised him in same time as his good friend, William sistent, and clearly they were talented. a family circumstance. Pitt the younger, who, 3 years later, at But they also were ‘‘overcomers’’—to The African-American woman who age 24, was elected Prime Minister and, overcome the established order of the has achieved perhaps the highest de- of course, William Wilburforce, one of day, to make things different, and to gree of success in contemporary soci- Pitt’s best friends, could have been a make things more right. ety is Condoleeza Rice. What do we part of the government. But he had an This is my testimony to Dr. King. know about Condoleeza Rice and her experience and he decided to devote his I yield the floor. rise in this struggle? We know that she life to the elimination of the estab- The PRESIDING OFFICER. The Sen- was born in Birmingham, AL where Dr. lished economic order of the day in ator from Utah. King wrote the letters from a Bir- England at that time, the English slave Mr. BENNETT. Mr. President, I mingham jail. We know at the time trade. thank the Senator from Florida for a Birmingham, AL was regarded as the Just to give you an idea of the enor- moving and insightful tribute to Wil- most heavily segregated city in the mous economic power of the slave liam Wilburforce, someone I never United States. We know that is where trade at that time, in the 1790s and heard of before I came to the Senate. the riots were. That is where Dr. King early 1800s, it would be as if you would Now many of our colleagues have was arrested. That is where he wrote take half of the American Fortune 500 talked about him in the same vein as his letters from that jail. That is where companies, combining all of that eco- the Senator from Florida has. Condoleeza Rice grew up. nomic power, and that was the power Picking up from the theme he has es- We know this about Condoleeza Rice. that invaded the whole country of Eng- tablished, I would like to talk briefly She had parents who were married to land at that time. That was how much about the legacy of Martin Luther each other, who loved each other, and money was being made by the shipping King. I was in Washington when the who provided her with a home in which companies, by the captains, by the sea- great march took place that led to Dr. she learned. men, by the insurance companies. They Martin Luther King’s moving address One of the things she learned, as out- would go under the flag of truce, down ‘‘I Have a Dream’’ occurred. lined in her biography, was because she

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.071 S17PT1 S1132 CONGRESSIONAL RECORD — SENATE January 17, 2003 was black and female she would have this country, we should also recognize Last year was the first time the Sen- to be twice as good and work twice as the importance of sustaining tradi- ate did not pass a budget resolution hard in order to make it in the white tional family values in this country for since the Budget Act of 1974. Think of world. Instead of protesting that, in- everyone, regardless of race. And I that. For 29 years we passed a budget, stead of taking to the streets and com- would think that adding to Dr. Martin but last year we were not able to mus- plaining about that inequity, Luther King’s dream, we should have a ter up the votes to get a budget passed. Condoleeza Rice determined she would dream of a time when no child is reared In addition, we have spent so much indeed be twice as good and work twice in a circumstance where there is not a time debating bills on the floor of the as hard as any of her contemporaries. loving support system. Senate that should have been handled The story is told that when she was Now, it need not always be blood rel- properly in the committees where at school at the college level, one of atives. Clarence Thomas, who sits on those bills originated. In so many in- her professors began to lay out the case the Supreme Court, has written mov- stances where the leader was unhappy that blacks are inherently inferior to ingly of his family, but his family was with the results of the committee whites. Condoleeza Rice as a young a family of Catholic nuns who gathered work, he yanked the bills out of com- student spoke up and said, We are the around him and provided surrogate mittee, took it into his office, rewrote ones who play Beethoven and speak parenthood and gave him the kind of the bill, put it on the floor, and we de- French. What about you? She is an ac- nurturing opportunity as a young man bated it. For example, the energy bill, complished concert pianist. She went that he needed if he was going to suc- where we spent 8 weeks debating it, on to a Ph.D. and she became the ceed. when it could have been taken care of youngest and first female provost at We should understand that there is in the Energy Committee. The energy Stanford University with an out- no substitute in Government programs bill, the farm bill, the economic stim- standing career as she worked twice as for that kind of nurturing background. ulus bill, we spent so much time last hard to be twice as good as anybody And we should look around us at the year dealing with things that should else. role models who have overcome dis- have been done in committee. Some would argue that the most suc- crimination and segregation and I am hoping the new leader gives cessful black African-American of our achieved greatness and recognize that more emphasis to the importance of time is Secretary Colin Powell. I have the common thread throughout most of committees in the Senate. I cannot un- read his biography. I find, among other their lives is some kind of family back- derstand why the previous majority things, that what he talks about, in his ground, family stability; nurturing, party’s committee chairmen were not experience dealing with segregation supporting activities when they were up in arms about so many bills that and discrimination in America and in their formative years. should have been handled in their com- growing up following the contributions Mr. President, I suggest the absence mittees, but were pulled. We wasted a of Dr. Martin Luther King, Jr, is his of a quorum. lot of time last year, and the chickens family. He had parents who were mar- The PRESIDING OFFICER. The have now come home to roost. We have ried to each other and who provided clerk will call the roll. operated on a continuing resolution for him with a loving and nurturing home The assistant legislative clerk pro- 4 months—October, November, Decem- situation. He describes that in his biog- ceeded to call the roll. ber, and January. raphy. Mr. VOINOVICH. Mr. President, I ask The executive branch is already one- I suggest this because I think there is unanimous consent that the order for third through the fiscal year, and the a clear thread here. Martin Luther the quorum call be rescinded. President wants us to finish our work. King, Jr., came from a stable family. The PRESIDING OFFICER (Mr. The American people want us to finish Condoleezza Rice came from a stable CORNYN). Without objection, it is so or- our work. There are so many Federal family. Colin Powell came from a sta- dered. agencies today that are providing serv- ble family. And in the same period that f ices not knowing what their budget is Martin Luther King, Jr., was making MAKING FURTHER CONTINUING going to be for this year. Starting this his contribution, a young staffer in the APPROPRIATIONS FOR FISCAL week, executive branch agencies must Johnson administration named Daniel YEAR 2003—Continued absorb a 3.1-percent pay raise within Patrick Moynihan wrote prophetically fiscal year 2002 funding levels. I know of the breakup of Black families in Mr. VOINOVICH. Mr. President, to what that is like. I know, as a former America and talked about what would my colleagues who have known me and governor and mayor, the pressure that happen to the African-American com- who have heard me speak on spending puts on agencies. Many agencies will be munity if the family cohesion that had issues before, what I am about to say unable to effectively allocate funds, been there before was somehow not may be very shocking, and it shocks particularly competitive grant funds, preserved. me as well. I am going to vote for this prior to the end of the fiscal year with- The predictions and implications of appropriations bill. It contains only a out a final appropriation in the next 20 former Senator Moynihan’s work have 3-percent increase in total spending— to 30 days. come true, tragically. Today, over two- can you believe that; that is manda- In other words, consider the many thirds of the children born to African- tory and nondiscretionary domestic agencies that have competitive grant American mothers are born outside of spending, a 3-percent increase—and a programs. These agencies will not be a formal marriage, outside of a stable 2.4-percent increase in discretionary able to get their requests for grant ap- family, outside of that one constant spending. plications out this year, nor the grant that provided the launching pad for the All of us should congratulate the applications back in unless we get careers of those who have been success- President for sticking to his guns and things done in the next few days. Also ful among us. keeping his promise that he was going thousands of people, like my nephew, Of course, the lack of a family, the to restrain spending while he was are out of work because companies lack of loving parents who are married President. they work for that have government to each other and provide a nurturing We also should thank Appropriations contracts don’t know if the projects circumstance—the devastation of that Chairman TED STEVENS and his col- that are being funded by the Federal lack knows no racial boundaries. White leagues on the committee who have Government will continue. Govern- students, Asian students, Hispanic stu- done a good job in putting this package ment programs have been on hold for dents—whoever it might be—who come together. It is time for us to move on. the past 4 months and won’t move for- out of a circumstance where they do I would first like to comment on why ward until we pass an appropriations not have a stable family relationship we are here. Why are we here today? bill. are statistically at far greater risk We would not be here today if we had One of the things hurting our econ- educationally, economically, socially— passed a budget last year and had not omy today is uncertainty. We have every other way—than those who come wasted so much time debating bills on contributed to it because we haven’t from a family background. the floor of the Senate that should been doing our work. So as we celebrate rightly Dr. Martin have been taken care of properly in My constituents ask me: Do you guys Luther King and his contribution to committee. in Washington get it? Do you get it? Do

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.074 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1133 you understand what is going on? We when we passed the election reform committee on the 2004 budget and hope are at war. The President of the United legislation, but it is a substantial by the end of this year we can point to States has more on his plate than per- amount of money that will help the another set of appropriation bills with haps any President in my memory. states. And the bill includes $1.6 billion the same type of responsible and re- Some say FDR; some say Abraham for a Medicare physician’s fee fix. All strained growth. Lincoln. The economy is sputtering. of us have heard from our physicians in Over the last 2 days, some people Our constituents believe we are behav- terms of the Medicare situation they have come to the floor and said we ing like Nero, fiddling around while are confronted with, when every year need more money for various good pro- Rome is burning. They continue to ask, the amount of reimbursement is going grams. As I mentioned before, these don’t you get it? down and down. programs are on hold until we pass an We have to understand that we can- Inflation this year is only about 2.4 appropriations bill. In other words, not tolerate business as usual. In fact, percent, nevertheless, all but two ap- nothing is happening in some of these business as usual looks pretty good propriations bills in this package are programs until we pass an appropria- compared to what we have been doing getting increases above that rate. tions bill. the last year or so, and the way we The Labor-HHS appropriation has I agree that there are many things have been behaving. grown an average of 12.4 percent every we all want money for, but I want to If corporate executives in the private year since I have been here and will point out to my colleagues what we sector took this much time to imple- grow another 5.4 percent in this bill. So have done during the past few years in ment their budgets, they would never this bill does not represent draconian terms of the money we have put in the bring any projects to market or create restrictions on Federal spending. pipeline—I will repeat it so everybody any new jobs and our economy would In fact, the proposed $750 billion gets it. collapse. budget the President wants can fund Since I have been in the Senate, we Let’s get appropriations done now. critical priorities within the limits of have increased discretionary spending None of us are happy with everything fiscal discipline. That $750 billion rep- by 10 percent in 1999, 15 percent in 2001, in it, and everyone would like to add resents an increase of over 11 percent and 9 percent in 2002. We have allocated something, a pet project, a pet con- in discretionary spending in just the so much additional money to Federal stituent request. All of us have them. last 2 fiscal years. I don’t know any- agencies that many of them have had Hopefully, some will be taken care of body who has had those kinds of in- difficulty spending all of it. For exam- and smoothed out in conference. But if creases. If you look at our spending ple, the Department of Housing and not, they will have to be handled in the during the last 5 years, you see we have Urban Development has consistently 2004 budget. increased spending in most of the 13 recaptured $1.5 billion to $2 billion in Remember we are in this pickle be- annual appropriations bills by about 7.1 unallocated section 8 housing vouchers. Mr. President, what we are doing cause we did not do our work last year. percent each year. That is about a 43- here is fiscally responsible. Let’s get it Let’s get it over so we can begin to do percent increase in spending since I done. Let’s get on with it. Let’s finish our work this year. Let’s get on with came to the Senate. During the same the work of the 107th Congress so we the budget, so that we can have an ag- period of time we have had inflationary can get on with the work of the 108th, gressive effort to do the 2004 appropria- growth of only about 11.4 percent. starting with the 2004 budget. And we tions bills and the other urgent busi- The projected deficit for fiscal year need to move aggressively with the ap- ness of the American people. 2002 was $314 billion, which included propriations bills, so that we can get God only knows what the budget en- using Social Security, and the pro- on with an energy bill, and do some- vironment will be if we go to war with jected deficit for 2003 is already $315 Iraq. As all of us in this body under- thing about some of the other pressing billion. Someone said at a meeting I issues facing the American people. stand, even if we do not go to war, attended yesterday that it could go up Mr. HATCH. Mr. President, I rise to there are likely to be supplemental ex- to about $370 billion because we are express my strong support for the penditures for whatever the final set- going to have to borrow more money Medicare provisions contained in H.J. tlement with Iraq will be. than what we originally expected. Res. 2. These provisions would prevent Let’s look at this proposal before us. We just increased the debt ceiling unwise reductions in physician pay- This bill represents a compromise be- last June and will probably need to in- ments from taking effect by freezing tween true fiscal discipline and Con- crease it again before the end of this Medicare reimbursement rates for doc- gress’ desire to spend. It is made up of year. Therefore, we need to endorse tors at the 2002 level. They would also 11 bills. Passage of this bill will bring this fiscally responsible approach pre- provide much-needed, increased fund- non-defense discretionary spending up sented to us by the Appropriations ing for rural hospitals. to $385 billion, an increase of 2.4-per- Committee today. All these amend- Enacting these important provisions cent over the fiscal year 2002 level. It ments proposed in the last couple days has been at the top of my agenda, and provides everything the President would keep adding money and adding I am pleased that the committee was asked for except the $10 billion defense money to the deficit. That is what it is able to include them in the omnibus contingency fund. Although this low about. I cannot understand it. appropriations bill for fiscal year 2003. number is something to rejoice about, I hear arguments on the other side After extensive conversations with we had better understand that one of expressing concern about the deficit, constituents throughout Utah, it be- the reasons it is low is that we have and these same people are on the floor came obvious to me that Congress had a continuing resolution for the trying to amend this appropriations must act to support Medicare providers past 4 months and we have been spend- bill. That would be fiscally irrespon- and patients by ensuring that paying money at FY 2002 levels. sible and would add to the deficit. The ments are made more fair. Included in the package is a 1.6-per- Appropriations Committee proposal is In 2002, physicians’ Medicare reim- cent across-the-board cut in all domes- the lowest increase in spending I have bursements were reduced by approxi- tic spending, in order to accommodate seen since I have been in the Senate. mately 5 percent. And, on March 1, some high-priority items. Let’s not for- As I said, I have to take my hat off to 2003, Medicare reimbursement rates for get about that. Some are talking about the President for holding the line on physicians are scheduled to be reduced amending this bill. The bill already spending, and I take my hat off to my by another 4.4 percent. The provisions contains an across-the-board reduction friend, Appropriations Committee in H.J. Res. 2 that I strongly support so we could provide $3.1 billion for Chairman TED STEVENS. He and I have will protect physicians across the drought aid for farmers in counties had some strong words over the last country by preventing the 4.4 percent that have been declared disasters. In several years. But as Humphrey Bogart cut in physician Medicare payment my particular case, we have 88 counties said in ‘‘Casablanca’’: ‘‘This could be from going into effect in March. in Ohio that have been declared disas- the start of a beautiful friendship.’’ It is apparent to me that Medicare ters. Mr. President, the bill includes I want the Appropriations chairman constraints have made it more and $1.5 billion for election reform; which is to know I look forward to working more difficult for hard-working physi- not as much as we promised the states with him and his colleagues on the cians to provide the level of patient

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.079 S17PT1 S1134 CONGRESSIONAL RECORD — SENATE January 17, 2003 care that they and their patients ex- about this program designed to test prevent 2700 youngsters from a Head pect. Physicians in Utah with whom I technologies that collect information Start experience, or leave 224,000 needy have consulted over the past year have from public and private databases and individuals without the meals provided showed me the lasting, negative impact try to find trends that could signal by WIC, or 230,000 veterans without that the 2003 reductions would have on threats against the United States. Like medical services. patient care. In addition, I have been many people, I have been concerned To make matters worse, this bill is dismayed to learn from several physi- that this program could be used to in- being offered at a time when our Na- cians that these unwarranted reduc- vade the privacy of Americans by tion continues to face significant chal- tions would cause them to think twice snooping around in our bank accounts, lenges in protecting homeland secu- about remaining in the Medicare Pro- personal internet computers, phone rity, increasing school achievement, gram. records, and the like. In November of and strengthening our workforce. In fact, as representatives of the last year, I asked the DOD Inspector Essentially what this bill does is cut Utah Medical Association have pointed General to look into the purposes of the money from a number of critical out to me, Medicare’s flawed reim- TIA and to make sure that there are projects so this body can pass a tax cut bursement system has made it increas- appropriate controls in place to ensure of $674 billion, which will lead to a $2 ingly difficult for Utah physicians to that it is used only for foreign intel- trillion deficit over the next 10 years. accept new Medicare patients, putting ligence purposes to protect us against Every day this body is faced with many seniors who seek care in a quan- terrorism and foreign threats, but not tough choices. But in my decade in the dary. This is not fair to the physicians, on Americans or for domestic crime Senate, I believe that this bill rep- and it is not fair to the patients. fighting. I am told that the IG inves- resents one of the worst pieces of legis- While the Centers for Medicare & tigation is proceeding, and that the IG lation to pass this Senate. Medicaid Services, CMS, reports that has ordered a formal audit of TIA. f Medicare physician participation rate This amendment limits the use of the MURDER OF AMERICANS IN was 89.3 percent in January 2002, fig- TIA funds appropriated by Congress to INDONESIA ures from Utah portray a dramatically foreign intelligence purposes. DOD will different picture. In a recent survey be required to tell Congress what it is Mr. ALLARD. Mr. President, let us conducted by the Utah Medical Asso- doing regarding TIA, and keep us in commend the chairman of the Foreign ciation, the Medicare participation the loop on developments. It also pro- Operations Subcommittee for the rate among physicians was signifi- vides that TIA can’t be used on U.S. strong report language on Indonesia. I cantly lower. The UMA found that only citizens once it is up and running. particularly appreciate the reference 77 percent of Utah’s primary care phy- But the amendment allows develop- to the Americans murdered in Papua in sicians participated in the Medicare ment of TIA to continue for foreign August 2002, and the demands that jus- Program. I am hopeful that once Utah terrorism purposes. So it is a great tice be served for these crimes. I share physicians see that we in Congress are compromise in that it allows the devel- this sentiment completely and believe listening and serious about supporting opment of TIA to help track inter- that inaction by Indonesia on these them, other doctors will consider par- national terrorism, but protects murders will result in a negative reac- ticipating in the Medicare Program against abuses that could violate the tion by both the congress and the Ad- once again. privacy of our own people. I encourage ministration. I am also pleased that this legisla- my colleagues to support this amend- Mr. MCCONNELL. I appreciate my tion contains a provision which will ment. friend’s comments, and believe he is Mrs. FEINSTEIN. Mr. President, as provide additional funding for rural right that the absence of a credible in- an appropriator, I come to the floor hospitals, something that is des- vestigation into these murders will this afternoon to express my opposi- perately needed in my home state of have repercussions. While we all recog- tion to this omnibus appropriations Utah. More specifically, the hospital nize that Indonesia continues on a dif- bill. ficult path of political and economic provision contained in H.J. Res. 2 The $385 billion omnibus appropria- reform—at the same time being a would raise the inpatient base rate tions bill cuts almost $10 billion from frontline state on the war on ter- upon which payments are calculated what the Senate Appropriation Com- rorism—the Government of Indonesia for hospitals in rural and small urban mittee approved last year. areas to the same rate as that in large On top of these Draconian cuts, the cannot and should not underestimate urban areas for 6 months. This provi- bill before us includes a 2.9 percent the seriousness of the crimes com- sion will provide both patients and hos- across the board cut, to nonmilitary mitted in Papua and the need to bring pitals in my state with necessary and programs, and will affect critical pro- justice to the victims and their fami- welcomed relief. grams such as homeland security, edu- lies. Many of us who worked last year to cation, and job training. Mr. ALLARD. I understand that the enact needed changes such as this have This bill is a major mistake and rep- Federal Bureau of Investigations may been dismayed that, despite our best resents a short-sided approach to solv- be in Indonesia in the very near future efforts, Congress could not find a col- ing our Nation’s problems. to assist in investigating this crime. lective way to rectify these problems What is happening is the administra- Does the chairman share my support that are doing so much to hurt patient tion’s effort to starve domestic pro- for the FBI’s involvement in this case? care throughout Utah. It is high time grams in order to save dollars for a $674 Mr. MCCONNELL. Absolutely. The we take this action. billion tax cut. If this effort is success- FBI should pursue all leads, and deter- I urge my colleagues to support these ful, we will see interest rates rise, the mine whether the reports of the Indo- two important provisions because both deficit balloon, and a 10-year cumu- nesian military’s involvement in the will provide Medicare patients with ac- lative deficit of $2 to $3 trillion. ambush are accurate and credible. cess to quality and affordable health Americans don’t know it yet, but For the benefit of my colleagues, let care across the country. Let’s do the soon will learn that this bill makes a me take a moment to describe the In- right thing and pass this legislation as house of cards out of homeland secu- donesia provisions in the fiscal year quickly as possible, this issue is much rity, which loses $1 billion which were 2003 bill. We earmark funds for Indo- too important to both Medicare bene- already requested, authorized, and ap- nesia, including $10 million for the ficiaries and providers. Medicare pro- propriated. fragile peace agreement in Aceh and $5 viders, and most importantly, the How many Americans know that this million for reconstruction efforts in beneficiaries they serve, are depending bill will likely cut 1,175 FBI agents, 490 Bali. The bill does not contain restric- on us to get the job done. food safety engineers, and 1,600 cus- tions on the International Military Mr. GRASSLEY. Mr. President, I am toms inspectors who are vital if we are Education and Training program for pleased to have submitted an amend- to protect our homeland from contra- that country but maintains the condi- ment dealing with the Total Informa- band and those that would do us harm. tions on assistance under the Foreign tion Awareness Program at the DOD. How many Americans know that the Military Financing program. The fiscal Many of my colleagues may know Head Start cut of $107 million could year 2003 request for IMET is $400,000,

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.076 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1135 which is slightly less than that re- I understand that the House-passed funded, at the very least, at last year’s quested for Sri Lanka. Commerce, Justice, State appropria- level of $565 million in fiscal year 2003 Mr. ALLARD. The Foreign Oper- tions bill provides $500 million for the in the Commerce, Justice, State Appro- ations bill strikes an appropriate bal- SCAAP program. Given that fact, I priations Report. Before I continue, I ance between our national security in- would like to inquire of my friend from want to thank my colleagues for their terests in that vast archipelago and the New Hampshire if there is something hard work and dedication to the up- realities of a developing Indonesia. I that can be done to increase funding keep of this program. want to be on record that I will con- for this bill for SCAAP to at least the SCAAP reimburses States and coun- tinue to closely follow the investiga- funding level approved by the House. ties for the costs associated with the tion into the murder of Americans in Mr. KYL. Mr. President, I wish to as- incarceration of undocumented crimi- Papua last year and I encourage the sociate myself with the remarks of my nal aliens. Unfortunately, Federal ef- Chairman and all my colleagues to pay good friend, the Senator from Cali- forts are often not adequate to combat attention to that case. fornia, and also look forward to work- illegal immigration. By some esti- I also recommend that the adminis- ing with the chairman and ranking mates, the total annual cost to States tration report to Congress on a regular member of the subcommittee to re- and local governments exceeds $1.6 bil- and ongoing basis into the progress the solve the funding disparity in the State lion. The broad principle on which the Government of Indonesia is making Criminal Alien Assistance Program SCAAP Program is based is simple: the into resolving these murders. (SCAAP). control of illegal immigration is a Fed- Mr. MCCONNELL. My friend from Before I begin my comments about eral responsibility. When the Federal Colorado’s advice is excellent, and I this important program and the level hope that Secretary Powell will take Government falls short in its efforts to of funding in the Senate Commerce- note to the request for regular brief- control illegal immigration, it must Justice-State Appropriations bill, I ings into the murder of American citi- bear the responsibility for the financial zens in Indonesia. want to state my full support for what and human consequences of this fail- I have been told will be a $500 million ure. Thus, the ‘‘State Criminal Alien SCAAP FUNDING funding level for SCAAP in the House Assistance Program Reauthorization Mrs. FEINSTEIN. Mr. President, I fiscal year 2003 bill. rise with a number of my colleagues Act’’ would properly vest the Federal Through the Crime Control Act of and the chairman of the Commerce, Government the fiscal burden of incar- 1994, the Congress created SCAAP to Justice, State Subcommittee, the Sen- cerating illegal immigrants who com- reimburse States and localities for the ator from South Carolina, to discuss mit crimes in our communities. costs they incur incarcerating criminal Southwestern States are not the only funding for the State Criminal Alien illegal aliens. Such costs, it has been ones shouldering the extraordinary fi- Assistance Program, popularly know as made clear, are the responsibility of nancial burdens of this type of incar- SCAAP. As my colleagues know, States the Federal Government. Previously, and localities across the Nation are ceration. Northern border and interior facing extraordinary costs associated SCAAP was authorized at $650 million, States are increasingly bearing these with incarcerating criminal illegal although total expenditures of the costs, too. SCAAP funding has been on aliens. States and localities exceeds $1.6 bil- the rise even in historically low immi- Since the September 11th terrorists lion per year. Last year, the Congress gration States and counties. It is im- attacks, State and local governments reauthorized the program for the next 2 portant to note that SCAAP receives have borne unprecedented costs that fiscal years at an open-ended level. widespread bipartisan and bicameral the Nation’s critical infrastructure and Though the financial burden to proc- support. I encourage my colleagues on public are protected. As a result, State ess and incarcerate criminal illegal the Commerce, Justice, and State Sub- and local governments are facing tre- aliens overwhelms the budgets of many committee to support this very impor- mendous budget deficits. Moreover, the States and localities, SCAAP has never tant program to help alleviate the im- budgets of local law enforcement agen- even been allocated to its full author- pact of these unfunded Federal man- cies are stretched to the limit. Cali- ization. Over the past 5 years, SCAAP dates on State, and in particular, coun- fornia, for one, is estimated to face a has usually been funded at levels be- ty governments. shortfall of at least $26 billion over the tween $500 million and $600 million, Mr. GREGG. Mr. President, I thank next 18 months. which has provided States and local- my friends from California, Arizona, In the face of these new challenges, ities reimbursement of about 30 cents and New York for their efforts in re- the burden placed on States by the for each dollar spent on incarceration. lieving the burden of illegal immigra- Federal Government’s long-standing The Congress would be doing the tion on our State and local govern- inability to control illegal immigra- right thing if it allocated $1.6 billion. ments. I know that they have been tion continues to grow. States like In fiscal year 2002, the State of Arizona tireless in their efforts to secure both California continue to shoulder ex- and its localities incurred costs of well an end to illegal immigration and to traordinary criminal alien incarcer- over $305 million to incarcerate crimi- ensure that the Federal Government ation costs. One out of every seven nal illegal aliens, and received $24 mil- assume a share of the financial respon- prison beds in California is occupied by lion in Federal reimbursement—when sibility for its inability to control ille- an illegal criminal alien. SCAAP was funded at $565 million gal immigration. SCAAP funding helps all States that overall. I know, as well, Mr. President, that are experiencing increasing costs from To reduce the total 2003 SCAAP fund- my colleagues from California and Ari- incarcerating undocumented felons— ing from its $565 million to zero is un- zona were among the principal authors both low-impact and high-impact acceptable. Should the funding be of the SCAAP Program when it was States. Last year, more than 400 local eliminated, all 50 States, D.C. and the created by the 1994 crime bill, and that jurisdictions, including all 50 States, increasing number of localities that they both worked very hard to help se- received SCAAP funding. With States incur costs, which now receive an unac- cure the $565 million which was appro- facing budget deficits reimbursement ceptable 30 cents for each dollar spent, priated last year. They have also for the costs they have incurred will be will receive nothing, if Congress were worked to ensure that the program re- even more important. Congress must to eliminate funding altogether. mains authorized over the next 2 fiscal continue to support communities that Mr. President, I very much hope that years. must shoulder the burden of what is, in Senators GREGG, HOLLINGS, FEINSTEIN, Knowing of the great need for ade- essence, a Federal responsibility. Given SCHUMER, and I can work to resolve quate funding for SCAAP, I assure the the rising costs associated with crimi- these issues before this bill is signed Senators that I will make it a high pri- nal alien incarceration, I had hoped into law. ority during the conference between that the Senate would see fit to in- Mr. SCHUMER. Mr. President, I rise the House and Senate. crease the funding for this important today with my colleagues from Cali- Mr. HOLLINGS. I concur with my program to $650 million, or at min- fornia and Arizona to ask for support colleague from New Hampshire. I un- imum, at last year’s level of $565 mil- for the State Criminal Alien Assistance derstand the importance of this fund- lion. Program (SCAAP) and to ask that it be ing for the States affected by the high

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.027 S17PT1 S1136 CONGRESSIONAL RECORD — SENATE January 17, 2003 rates of criminal alien incarceration vice that climbs stairs, traverses all jurisdiction for resolution of this mat- and I am hopeful we can provide an terrain and balances the seated user at ter. adequate funding level for SCAAP dur- standing eye-level. It would be my view Mr. CAMPBELL. I thank the Senator ing conference. that some portion, at least one per- for his time and efforts to work on this Mrs. FEINSTEIN. I thank the Sen- cent, of the approximately 25,000 vet- issue with us. This issue is a horribly ator for his encouraging words. As I am erans with service connected spinal excessive tax that needs to be discussed sure he knows, the SCAAP reimburse- cord injuries should have access to this immediately, which was my motiva- ments provided in prior years did not advanced mobility device. In fact, at tion towards working with Senator nearly cover the costs States and local- the request of Congress, the VHA con- STEVENS in addressing this issue in the ities incurred do incarcerate illegal ducted a study of this mobility device appropriations bill. I agree with Sen- aliens in their jurisdictions. last year that concluded with the find- ators GRASSLEY and BAUCUS that re- The cost for States and localities ing that ‘‘the subjects were unanimous solving this issue prior to the end of amounted to more than $11 billion. in their recommendations that the this year is very important. As such. I Thus, last year’s funding level of $565 Veterans Health Administration should accept the amendment offered by Sen- million covered a mere 5.1 percent, of provide iBOTs to veterans’’—and that— ators GRASSLEY and BAUCUS which the actual costs. ‘‘the iBOT could improve integration strikes this provision from the Omni- Failing to fund the program alto- and work performance.’’ Additionally, bus Appropriations bill, Title I, Section gether would be devastating to our as Secretary Principi has established a 128. States. The State of Wisconsin, for ex- priority of ‘‘restoring the capability of We want to encourage all parties in- ample, would lose more than $3.5 mil- disabled veterans to the extent pos- volved to immediately come to the lion in funding; Massachusetts would sible’’ it is my expectation that such table to begin working together to lose over $13 million; Pennsylvania devices will be actively considered and solve this issue. As I have previously would lose over $2.6 million; Virginia provided to disabled veterans as medi- stated, this excise tax on beer hurts would lose more than $6.4 million; cally appropriate. producers, farmers, and working peo- North Carolina would lose $5.2 million; Mr. LEVIN. Mr. President, I want to ple, and has to be resolved. Michigan would lose $2.9 million; Min- add my praise for the job done by Sen- Mr. GRASSLEY. I look forward to working with the Senator and his staff nesota would lose $1.8 million. Thus, ators BOND and MIKULSKI and associate even States that have not traditionally myself with the comments just made on this issue. CIVIL EDUCATION had to confront the growth in illegal by Senator GREGG. I am also familiar immigration are now bearing the costs with the mobility device which Senator Mr. MCCONNELL. One area in the Foreign Operations portion of this om- of this Federal responsibility. GREGG mentioned. I also believe that When the Federal Government fails some of the veterans with service con- nibus bill where I have had particular in its responsibility to control our Na- nected spinal cord injuries could ben- interest is the section entitled Democ- tion’s borders, local taxpayers should efit from, and should be assisted by, racy Programs. We have worked close- not have to foot the bill for incarcer- making these devices available to ly in our approach to this section ating undocumented criminal aliens in them. Therefore, it is also my expecta- where we have addressed the funding needs for democracy programs, includ- State and local jails. I will work close- tion that the Department will aggres- ing in predominantly Muslim coun- ly with the Senators from New Hamp- sively pursue, within available funds shire and South Carolina and my col- tries. and current policy, making this mobil- The bill we are considering today will leagues in both bodies ensure that this ity device and other state of the art as- bill adequately funds SCAAP. increase funding in Section 524(b) of sistive technologies available to dis- the Foreign Operations portion from PROSTHETIC AND SENSORY AIDS DEVICES abled veterans as medically appro- $15,000,000 to $20,000,000 and correspond- Mr. GREGG. Mr. President, I have priate. ingly adds ‘‘civic education’’ as a pro- come to the floor today to compliment RUM COVER-OVER TAX PROVISION gram and activity under this section the Chairman of the VA–HUD Appro- Mr. GRASSLEY. It has recently been that the subcommittee wishes to fund. priations Subcommittee Senator BOND brought to my attention that there has Does the Ranking Member agree with and the Ranking Member Senator MI- been a controversy over a Puerto Rican me that this increase of $5,000,000 is in- KULSKI on an excellent job of balancing excise tax on beer. Unfortunately, the tended to ensure that democracy pro- all the very important programs in the Omnibus Appropriations bill is an inap- grams, including civic education pro- VA–HUD Appropriations bill, included propriate forum to address this issue. grams, receive additional funding? as part of the omnibus bill now pending But we realize the importance of ongo- Mr. LEAHY. I agree with my friend before the body. I know the spending ing negotiation. from Kentucky, the chairman of the limitations imposed on the Sub- Mr. BAUCUS. Mr. President, I co- Foreign Operations Subcommittee. The committee do not permit the chairman sponsored your amendment because I additional $5,000,000 in section 524(b) and other members of the Sub- agree that inclusion of a tax provision will ensure that these programs are ex- committee to address each and every in this bill is inappropriate. In 1983, panded, including through the estab- issue as fully as they would like to but under the Caribbean Basin Economic lishment of civic education programs nonetheless the chairman has achieved Recovery Act, the excise tax collec- in countries with a significant Muslim a balanced and good result. tions on imported rum are transferred population, and where such programs Earlier this year, I contacted the or rebated to the treasuries of Puerto and activities would be important to subcommittee to express the view that Rico and the Virgin Islands. The tax United States efforts to respond to, the Veterans Health Administration be code provides a rebate of $13.25 of the deter, or prevent acts of international as proactive as possible to help ensure $13.50 excise tax to Puerto Rico and the terrorism. that disabled veterans have the most Virgin Islands for the excise tax col- Is it the understanding of my friend advanced prosthetic and sensory aids lected on rum imported into the United from Kentucky that funds made avail- devices made available to them, as States (without regard to the country able under Section 524(b) for civic edu- would be medically appropriate. In this of origin). The amount of the rebate is cation are intended to be awarded as a regard, I was pleased to see that the scheduled to decrease to the 1983 level grant or grants to—among other eligi- committee approved the administra- of $10.50 after December 31st, unless ble applicants—educational organization’s fiscal year 2003 budget request Congress extends the current $13.25 re- tions with experience working in other for $739.1 million for prosthetic and bate. countries, including organizations in sensory aids devices providing an in- Perhaps the expiration of the in- the fields of democracy education, crease of $60.3 million over the last creased amount transferred provides civic education, community service, year. time for resolution of the dispute? global education and learning through One of the exciting new prosthetic Mr. GRASSLEY. I commit to work- interactive Internet-based technologies and sensory aids devices known as the ing together with those concerned to and experience in the field of civic and iBOT was invented in my home State address this issue through the Finance international elementary and sec- of New Hampshire. It is a mobility de- Committee, which is the appropriate ondary education?

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.029 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1137 Mr. MCCONNELL. The Senator from be elected to serve my first term in the Local Law Enforcement Act, a bill that Vermont is correct, and I thank him Senate, and from that date until now, would add new categories to current for this useful exchange. Peter has been an indispensable part of hate crimes law, sending a signal that The PRESIDING OFFICER. The my team. violence of any kind is unacceptable in Clerk will call the roll. One of Peter’s first lessons in Nevada our society. The legislative clerk proceeded to politics came shortly after my first I would like to describe a terrible call the roll. Senatorial campaign. He was hiking in crime that occurred October 6, 2001 in Mr. FRIST. Mr. President, I ask Nevada, east of Ely in White Pine Topeka, KS. A 21 year-old man from unanimous consent that the order for County, and planning to camp up on Bangladesh was attacked in a conven- the quorum call be rescinded. top of Mt. Moriah. Mt. Moriah had a ience store. Police say that the victim The PRESIDING OFFICER. Without wilderness area at the top whose pres- entered the store when three men objection, it is so ordered. ervation had been an issue during the began asking him questions about his Mr. FRIST. Mr. President, I ask campaign. While hiking, Peter was national origin and religion. One of the unanimous consent that all first-degree confronted by ranchers who were try- men used a racial slur and then started amendments to H.J. Res. 2 be filed at ing to keep people off the mountain. punching the victim. The victim was the desk by 6 p.m. on Tuesday, January They made it quite clear to him that treated at a local hospital for injuries 21, with the exception of the managers’ no one was welcome on the mountain. sustained during the attack. amendments which are cleared by both Unbeknown to Peter, the ranchers were I believe that government’s first duty managers. the very same ranchers that had been is to defend its citizens, to defend them The PRESIDING OFFICER. Without extremely cooperative with respect to against the harms that come out of objection, it is so ordered. the wilderness issue during the cam- hate. The Local Law Enforcement En- f paign. Reason being, the ranchers were hancement Act is a symbol that can mountain lion hunting guides, and become substance. I believe that by MORNING BUSINESS they had surrounded the entire moun- passing this legislation and changing Mr. FRIST. Mr. President, I ask tain. The only way to get to the roads current law, we can change hearts and unanimous consent that the Senate be to gain access to the wilderness area up minds as well. in a period of morning business with on top was to cross over their private f Senators permitted to speak for up to property. By surrounding the mountain A REPORT CARD ON STATE GUN 10 minutes each. they had in essence turned the wilder- SAFETY LAWS The PRESIDING OFFICER. Without ness area into their own private prop- objection, it is so ordered. erty to help their guide service flour- Mr. LEVIN. Mr. President, this week f ish. Peter later made the connection. the Brady Campaign to Prevent Gun Violence, in partnership with the Mil- TRIBUTE TO PETER ARAPIS After working on the 1986 election, Peter earned a master’s degree in Po- lion Mom March and State gun safety Mr. REID. Mr. President, Peter litical Science from UNLV in 1987 groups, released its 6th Annual Report Arapis, Jr. was born in Nevada at the where he also served as a teaching as- Card on State Gun Laws Protecting Las Vegas Hospital Clinic on 8th sistant. Children. According to the report, the Street. His father, Peter Arapis, Sr., Over the years, Peter has held nearly Centers for Disease Control and Pre- was born in Greece and was heavily in- every position in my office. He worked vention data showed a welcome de- volved in the Las Vegas Greek commu- for 4 years, 1987 to 1991, in my Las crease in the number of children killed nity throughout his life. Peter Arapis, Vegas office as a state representative. by guns. However, children continue to Sr. was the Head Chef at the Nevada In 1992, he decided that he wanted to be at great risk from gun violence. Test Site for many years beginning in return to Washington, DC, and he came The Brady Campaign State Report the early 1950s. Peter Arapis, Sr. was to work as a Legislative Assistant re- Cards evaluate each State on several active in the election of Michael sponsible for Appropriations for Energy criteria: Does the State have juvenile O’Callaghan as the Governor of Nevada and Water, Interior and Related Agen- possession laws or juvenile sale and in 1970. He always helped me whenever cies, Commerce-Justice-State, and transfer laws? Does the State have I ran for public office. Military Construction. Shortly there- child access prevention laws? Does the It was probably due to his father’s in- after, he served as a Deputy Legislative State have gun safety lock and safer volvement in politics that Peter Director. design standards? Does the State allow Arapis, Jr. was quickly drawn in as Peter returned to Nevada to work as cities to regulate guns? Does the State well. As a student at Rancho High a deputy campaign manager in my 1998 provide secondary private sales back- School, Peter volunteered to walk the Senate race. He was a vital part of my ground checks? Does the State have neighborhoods, hanging campaign in- team in a very close re-election. Real- carrying concealed weapons laws? In formation on doors. All Peter’s hard izing that he had caught the ‘‘Potomac addition to these criteria, States can work paid off because O’Callaghan was Fever,’’ and having met Lynn Breaux also receive extra credit and/or demer- elected as Governor, and I was elected at her restaurant, the famous Tunni its for a variety of gun safety measures as Lieutenant Governor. Little did I Cliffs Tavern, Peter once again re- such as permits for handguns. know that Peter would one day become turned to Washington, DC. This year, according to the Brady an invaluable member of my senior From 1999 to today, Peter has dili- Campaign, 11 States were awarded Sen- staff and a trusted friend. gently worked for me as my floor man- sible Safety Stars. These States re- After graduating from Rancho High ager and senior policy adviser, aiding sisted efforts to weaken gun safety School in Las Vegas, NV, Peter worked me daily in my capacity as Democratic laws and/or enacted gun safety laws as a car valet for a few years before at- whip. I am thankful to have had such a that protect children from guns. I am tending college at UNLV. In 1985, he re- loyal and dedicated employee, but disappointed to report that my home ceived a Bachelor of Arts in Political more importantly, I am thankful that I State of Michigan was not among Science. This same year, Peter was the can call him my friend. them. recipient of the L.B.J. Scholarship I say to Peter: Good luck, I will miss According to the Bureau of Alcohol, which afforded him the opportunity to you, but always remember you are a Tobacco, and Firearms and the Brady come and work in my office in the Nevadan. Campaign, seven states, all of whom re- House of Representatives as a congres- f ceived poor grades, were major sources sional fellow. This is when Peter got of crime guns. Further, the ATF found his first taste of politics on Capitol LOCAL LAW ENFORCEMENT ACT that gun traffickers seek out States Hill. OF 2001 that allow criminals to purchase fire- Thereafter, Peter returned to Las Mr. SMITH. Mr. President, I rise arms without background checks at Vegas and worked as part of my cam- today to speak about the need for hate gun shows. paign staff the first time I ran for the crimes legislation. In the last Congress The Congress has the ability to pass U.S. Senate. In 1986, I was fortunate to Senator KENNEDY and I introduced the legislation that will further reduce

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.036 S17PT1 S1138 CONGRESSIONAL RECORD — SENATE January 17, 2003 child firearm deaths and automatically that might do as good a job—or better—at say that ‘‘at least where wealth is involved, improve the grade of many States. I keeping the doors of selective institutions the Equal Protection Clause does not require urge my colleagues to take up and pass open to qualified minority students. absolute equality or precisely equal advan- You applauded the innovation of states tages.’’ As a result, 50 years after Brown, ra- commonsense gun safety legislation that have adopted ‘‘percent plans’’ guaran- cial segregation is increasing in our public that will close the gun show loophole teeing college admission to top high school schools. Seventy percent of black students and improve child gun access preven- graduates. I agree with you that after five now attend predominantly minority schools, tion laws so that we might prevent years, the Texas ‘‘10 percent plan,’’ where all up from 63 percent in 1980. Forty-six percent kids from gaining access to guns, and students who graduate in the top 10 percent of Hispanic students in Texas, 42 percent in improve the quality and safety of our of their high school class are guaranteed ad- California, and 59 percent in New York go to communities. mission to a state university of their choos- schools that are 90 to 100 percent minority. ing, has shown some impressive results. And racially segregated schools, except pre- f After an initial drop in 1997, minority enroll- dominantly white schools, are almost always ment at UT-Austin, one of the state’s flag- schools with high poverty. The average black PROMOTING DIVERSITY IN INSTI- ship schools, has rebounded almost to the or Hispanic student goes to school with more TUTIONS OF HIGHER EDUCATION levels achieved under traditional affirmative than twice as many poor classmates as the Mrs. CLINTON. Mr. President, I ask action. average white student. unanimous consent that the following In addition, UT-Austin is now drawing stu- Any policy of college access that is in ten- dents from a larger number of high schools sion with efforts to integrate public schools letter to the President, regarding his and from a wider geographic area, a change cannot be the best option. Instead of moti- Administration’s decision to file a brief that benefits white as well as minority stu- vating improvement in poor and segregated opposing the University of Michigan’s dents. The entering class of 2000 included high schools, percent plans give minority use of affirmative action, be printed in students from 135 schools that had not been parents an incentive to keep their children the RECORD. represented there before 1996. Those schools in those schools, instead of transferring There being no objection, the mate- included predominantly minority, inner-city them to integrated and more academically rial was ordered to be printed in the schools as well as predominantly white, competitive schools. And no parent should rural schools. And, despite worries that 10- have to make a trade-off between college ac- RECORD, as follows: percenters from poor high schools might not cess and high school quality. U.S. SENATE be prepared for the academic rigor of UT- In fact, the Texas 10 percent plan exposes Washington, DC, January 17, 2003. Austin, the most recent evidence is that 10- the depth of inequality that can exist in a Hon. GEORGE W. BUSH, percenters of all races are performing as well single state. Texas has 1,500 high schools. In President of the United States, as other students who scored 200 or 300 points the year 2000, nearly half the 7,600 freshman Washington, DC. better on the SAT. Retention is generally at UT-Austin came from 74 high schools, DEAR MR. PRESIDENT: On Wednesday, as higher among 10-percenters than among around 50 students per school. The other half your Administration prepared to file its Su- other students. came from 718 high schools, roughly 5 stu- preme Court brief opposing the University of Notably, these results have occurred de- dents per school. Approximately 700 high Michigan’s use of affirmative action to spite the fact that average SAT scores—the schools sent no student to UT-Austin in 2000. achieve diversity in its student body, you re- often cited measure of merit among oppo- Just as traditional affirmative action iterated your commitment to increasing the nents of traditional affirmative action—have should never distract us from the task of number of minorities on college campuses. I decreased, not increased, among 10- strengthening our elementary and secondary applaud this commitment, but do not believe percenters and among black and Hispanic schools, neither should percent plans. If we that replacing traditional affirmative action students at UT-Austin. Like traditional af- are serious about expanding minority access with ‘‘race neutral’’ percent plans will fully firmative action, the 10 percent plan admits to higher education, then we should not only accomplish our shared goal of promoting di- qualified students with lower test scores take a closer look at traditional affirmative versity throughout our institutions of higher over students with higher scores, recognizing action and its alternatives; we should also education. I am especially concerned that that test scores are not the ‘‘be all and end fully fund Title I and increase the maximum such plans necessarily depend on racial seg- all’’ of an applicant’s merit, potential, or Pell Grant. The 10 percent plan will never regation in high schools and, further, that a character. reach students in the poorest schools unless Court decision banning traditional affirma- The early evidence is very encouraging, we commit the resources to turn those tive action could trigger a domino effect un- and I am cautiously optimistic that for some schools around and make college more af- dermining our nation’s anti-discrimination schools, racial diversity can be achieved fordable. These are commitments we should laws. through alternatives like this one. Even so, already be making to help the 90 percent of The Michigan cases are among the most I think it would be a mistake to shut the students not covered by the 10 percent plan. important ever to confront the Court since door on traditional affirmative action and Moreover, although percent plans have Brown v. Board of Education. Over the past treat percent plans as a panacea for increas- been somewhat successful in sustaining mi- several decades, the story of American high- ing minority enrollments. While they hold nority enrollments at the undergraduate er education has been a story of gradually promise, they also come with pitfalls. level, none of them has proven effective at expanding opportunity for historically ex- As I am sure you are aware, Texas’s other graduate or professional schools. In 1995, for cluded or marginalized groups. Anti-dis- flagship institution, Texas A&M-College Sta- example, before traditional affirmative ac- crimination laws and financial aid policies tion, continues to struggle with raising tion was eliminated at the University of have opened the doors of higher education black and Hispanic enrollments, even under Texas Law School, 7.4 percent of first-year for millions of minority students. But as you the 10 percent plan. California’s 4 percent students were black and 12.5 percent were said on Wednesday, ‘‘We should not be satis- plan and Florida’s 20 percent plan, though Mexican-American. But today, only 4 per- fied with the current numbers of minorities similar in concept, differ from the Texas cent are black and 8 percent are Mexican- on Americans college campuses. Much plan in one crucial respect: They do not American. Similarly, at UC-Berkeley’s law progress has been made; much more is need- guarantee top graduates admission to a state school, Boalt Hall, there were 14 blacks and ed.’’ university of their choosing. As a result, mi- 17 Hispanics in the 2001 entering class, down At the very top schools in this country, in- nority enrollment in California has in- from 20 blacks and 28 Hispanics in 1996. At cluding Michigan, significant racial diver- creased at less selective schools like UC- UCLA Law School, the 10 blacks and 26 His- sity is largely attributable to affirmative ac- Irvine and UC-Riverside, but not at the most panics in the 2001 entering class were sub- tion. By traditional affirmative action, I do selective schools. Between 1997 and 2001, the stantially fewer than the 19 blacks and 45 not mean quotas, and neither does the Uni- number of black freshmen dropped from 252 Hispanics in 1996. versity of Michigan. I mean the use of race to 138 at UC-Berkeley and from 204 to 125 at Between 1997 and 2001, the number of as one of many factors—along with geog- UCLA. Florida’s 20 percent plan, after its blacks fell from 10 to 6 at UCLA Medical raphy, socioeconomic status, and other life- first year, has kept minority enrollment in School and from 12 to 7 at UC-San Francisco shaping attributes or experiences—to the state system steady. But the flagship Medical School. In the MBA program at UC- achieve an educationally diverse student school, the University of Florida, saw a 40 Berkeley, there were 3 blacks and 5 His- body. Michigan’s affirmative action policies percent drop in black enrollment and a 7.5 panics in the 2001 entering class, down from work this way, and for 25 years such policies percent drop in Hispanic enrollment. 11 blacks and 15 Hispanics in 1996. And at have been constitutional, just as they are My primary concern, however, is that the UCLA, there were 9 blacks and 13 Hispanics today. very success of percent plans in enrolling in the 2001 first-year MBA class, compared to If our best colleges, law schools, and med- substantial numbers of minority students is 13 blacks and 18 Hispanics in 1996. ical schools were to end traditional affirma- entirely dependent on racial segregation at The fact is, at the graduate level, there are tive action today, without adopting any al- the high school level. few options for sustaining minority enroll- ternative, minority enrollments would drop For the past 30 years, the Supreme Court ments besides traditional affirmative action. by two-thirds or more. So a critical question, has turned its back on remedying inequality Percent plans will not achieve graduate stu- as you suggested, is whether there are alter- in elementary and secondary schools based dent diversity unless the undergraduate in- natives to traditional affirmative action on race or income, even going so far as to stitutions they draw from are segregated.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.085 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1139 And preferences for socioeconomic disadvan- student body representative of the taxpayers counts revolutionary. Nanotechnology tage will not help very much. Although mi- who support the system. As you said yester- is still very much in its infancy, but as norities are more likely than whites to come day, ‘‘America is a diverse country, racially, the technology matures it will un- from low-income backgrounds, the vast ma- economically, and ethnically. And our insti- doubtedly have a tremendous impact jority of low-income people are still white. tutions of higher education should reflect on our daily lives. Finally, there is little if any evidence that our diversity.’’ I see nothing wrong with a percent plans provide an effective substitute public university doing directly what Texas, Nanoscience is quickly transforming for traditional affirmative action at our California, and Florida have been forced to almost every aspect of our modern leading private institutions. Under Title VI do indirectly, indeed what we have applauded world and is already significantly im- of the Civil Rights Act, virtually every pri- them for doing. proving our quality of life. From com- vate institution in the country is subject to Second, I am very concerned about the un- puter and electronic devices, to health the same legal standards regarding tradi- intended consequences of making a constitu- care and pharmaceuticals, to agri- tional affirmative action as public institutional distinction between percent plans and culture, energy and our national de- tions. Any Supreme Court decision finding traditional affirmative action. If admissions fense, nanoscience will be the founda- traditional affirmative action unconstitu- policies must be scrubbed clean of race, then tional at public universities would likely end tion of many of the revolutionary ad- shouldn’t they also be scrubbed clean of gen- vances and discoveries in the decades affirmative action at private universities as der? Women have made great strides in high- well—with very troubling results. er education, but they continue to lag behind to come and will soon occupy a major It is one thing for Florida to guarantee top men in areas like engineering and computer portion of the technology economy. 20 percenters admission to one of the state’s science. In fact, women are awarded 25 per- Through nanoscience, researchers 11 public universities, or for the University cent of doctoral degrees in math and the and scientists are already beginning to of California to guarantee top 4 percenters physical sciences, and only 15 percent of doc- develop technologies that years ago admission to one of 10 campuses. But what torates in engineering. Percent plans cannot were thought to be impossible. Memory about schools like Harvard or Stanford or solve these problems of gender inequality, and processing chips the size of a sugar Columbia? Given how small and selective just as they cannot solve every problem of these schools are, even a plan guaranteeing cube have the ability to store all the racial inequality. But percent plans teach us information in our Nation’s National admission to the top half of one percent of what supporters of traditional affirmative high school graduates would not work, nor action have long known: that there are con- Archives and the Library of Congress would it necessarily make good sense. siderations important to the distribution of combined. Nanoscientists are also ex- While some may think it odd to worry educational opportunity in America other ploring ways nanomaterials can travel about racial diversity at private schools, than a standardized test score. through the human body to detect and since our public university systems serve far Traditional affirmative action, whether cure diseases, such as target cell ther- more students, these schools have long been based on race or gender, stands or falls on apy where limited amounts of chemo- regarded by the American public—indeed, similar logic. And if traditional affirmative the world—as the very best of what higher therapy drugs can, cell by cell, attack action falls, I worry it is only a small step to individual cancer cells and leave education can offer. And those schools gen- rolling back our most basic antidiscrimina- erate a disproportionate number of our na- healthy cells intact. tion laws, like Title VII and Title IX. Given As production and innovation of tion’s leaders in government, business, and unconscious stereotypes and structural in- academia. As Justice Lewis Powell said 25 equalities that persist in our society, there nanotechnologies becomes easier, fast- years ago in the Bakke case, which featured is a very fine line between taking deliberate er, more efficient and less costly, every Harvard’s affirmative action policy as the steps to ensure access to higher education market sector in the economy will gold standard for selective admissions: ‘‘It is for minorities and women, and protecting begin to feel its impact. The not too much to say that the Nation’s future them from unlawful discrimination. NanoBusiness Alliance estimates that depends upon leaders trained through wide Mr. President, I urge you to carefully con- exposure to the ideas and mores of students the global market for nanotechnology sider the implications of eliminating tradi- related products and services will reach as diverse as this Nation of many peoples.’’ tional affirmative action in the absence of The bottom line, then, is that although more than $225 billion by 2005. The Na- alternatives that effectively promote, and do percent plans and other approaches may hold tional Science Foundation conserv- not work against, diversity and integration promise for some institutions, they are not in all of our public high schools, colleges, atively predicts a $1 trillion global effective substitutes for traditional affirma- and graduate programs. And I urge you to market in a little over a decade. tive action at all institutions. There is no consider the consequences your Administra- While nanotechnology is typically ‘‘one-size-fits-all’’ alternative to traditional tion’s position may have for the vigorous en- defined by size—that is 1 nanometer affirmative action that works at every forcement of our nation’s anti-discrimina- equaling 1 billionth of a meter—the school, in every system, in every state. I tion laws. agree with you, Mr. President, that we need science of nanotechnology is really the Sincerely yours, to take a closer look at ways to achieve di- ability to pick and place or manipulate HILLARY RODHAM CLINTON. versity besides traditional affirmative ac- atoms 1/100,000 the width of a human tion. But I do not agree that we should fore- f hair, and eventually generate mate- close traditional affirmative action as an op- 21st CENTURY NANOTECHNOLOGY rials with properties that are fun- tion for pursuing diversity where the alter- RESEARCH AND DEVELOPMENT damentally new and superior to the natives do not work. ACT bulk form of the same materials. Finally, let me mention two additional It is the promise and potential that concerns. First, no one doubts that the per- Mr. ALLEN. Mr. President, I rise impels the Congress to act and intro- cent plans in Texas, Florida, and California today in support of the 21st Century duce legislation that assures this Na- were designed to achieve exactly what tradi- Nanotechnology Research & Develop- tional affirmative action was designed to tion remains at the forefront of the achieve, namely, increased opportunity for ment Act. I want to thank my col- nanoscience revolution. The United qualified minority students. And the barom- league from Oregon, Senator WYDEN, States has been the leader of virtually eter of success has been whether these plans for his leadership on this important every important and transformative are keeping minority enrollments at levels issue. I have enjoyed working with technology since the Industrial Revolu- achieved under traditional affirmative ac- Senator WYDEN on nanotechnology for tion, and this legislation ensures we tion. Where percent plans have been judged the past several years. I would also like will continue to lead the world in this successful-at UT-Austin, for example-they to thank the other cosponsors on this new frontier. have lowered, not raised, average SAT scores legislation, the Senior Senator from among former beneficiaries of traditional af- The 21st Century Nanotechnology firmative action. The fact is that percent Virginia—Mr. WARNER, Senators Research & Development Act author- plans, in their motivation, design, and effect, LIEBERMAN, MIKULSKI, HOLLINGS, izes appropriations for the coordina- look a lot like traditional affirmative ac- LANDRIEU, CLINTON, LEVIN, and BAYH. tion of an interagency and inter- tion. If the Court agrees with your Adminis- Today, our scientists and visionaries disciplinary program to support long- tration that traditional affirmative action is are quickly learning that there is a term nanoscale research in the fields of unconstitutional, aren’t percent plans sim- whole New Frontier of promise and nanoscience, nanotechnology and ply the next shoe to drop? If we accept the human endeavor literally right under nanoengineering as part of the Na- constitutionality, and sometimes the wis- our eyes, at the nanoscale, when mag- tional Nanotechnology Research Pro- dom, of percent plans, then logic and law dic- nified for us to see. tate that we also accept the constitu- gram. The legislation authorizes $676 tionality and wisdom of affirmative action The potential for nanotechnologies million for fiscal year 2004—a 15 per- This is especially true for public univer- and the exciting work taking place in cent increase from the President’s sities like Michigan that strive to serve a the nanoscience field are by all ac- budget request for fiscal year 2003—in

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.088 S17PT1 S1140 CONGRESSIONAL RECORD — SENATE January 17, 2003 all nine civilian Federal agencies cur- family, even more so after the death of Kelly has led the GVSU Lakers to a rently conducing nanotechnology re- her husband in 1962 and later her 104–34–2 record during his 12 years as search. youngest son, Jim. From that point on, head coach, and includes five GLIAC ti- The goal of the legislation is to pro- she alone faced the realities of life, the tles and five NCAA Division II playoff vide an organized, structured and col- uncertainty of the future, and the won- appearances. laborative approach to nanotechnology der of fate as she guided her boys as The championship game, which I was research that will ensure America’s they became young men. lucky enough to see on television, was leadership and economic competitive- When you lose someone like that, a true nail-biter. The game matched ness internationally. This legislation there is a bottomless hole in your life. the top ranked Grand Valley State provides grants to support nanoscience When you reflect on the influence of Lakers against the second ranked Val- research centers that will bring to- your parents it crystallizes the role dosta State University Blazers. After gether experts from various disciplines, they played in the development of who marching through the playoffs with agencies, industries and universities. you are and what you believe. relative ease, the Lakers found a for- I have wanted the Commonwealth of Our parents are the people who teach midable opponent in Valdosta State, Virginia to recognize nanotechnology us how to be, how to treat others and and the game was appropriately close as a key element in the future of high how to live our lives. Betty Hagel to the very end. GVSU sealed the game technology and economic development Breeding passed away on Monday, but when All-American quarterback Curt and commend the establishment of the the lessons she taught her children and Anes tossed a 10-yard pass to fellow Initiative for Nanotechnology in Vir- her children’s children will live on All-American wide receiver and his pri- ginia to serve as a facilitator in the through her sons. Her legacy lives mary target David Kircus with 1 nanoscience community. This legisla- today in Nebraska in those who have minute and 4 seconds remaining secur- tion takes the work being done at the survived her and the lives of the Ne- ing a 31–24 victory. State level and encourages increased braskans touched by each one of them. Over the last 2 years, the GVSU collaboration with State-led initiatives Senator HAGEL is in Nebraska today Lakers have demonstrated great like the one in Virginia as well as uni- with his friends and family. They are strength, skill, unity, and persever- versities and industry led projects. reliving the memories they share of ance. Their ability to regroup after last As our scientist and researchers ad- Betty Hagel Breeding and celebrating season’s loss and maintain their top venture boldly into this New Frontier her life and how she led it. I know ranking all season bears witness to the of nanoscience and chart new waters in many Nebraskans and many in the focus and common purpose shared by lands not yet discovered, this legisla- Senate community join me in sending the entire team. I commend them for tion will serve as a guide and hopefully heartfelt condolences to the Hagel fam- their hard work and dedication. I know a catalyst to the nanotechnology com- ily. that my colleagues will join me in con- munity. The work being done in the In times like these, when Nebraskans gratulating the GVSU Lakers on win- nanoscience field is invigorating; it’s reach out to support fellow Nebras- ning the 2002 NCAA Division II Foot- exciting, and it’s important for our fu- kans, it reminds me of why our State ball Championship. ture health, the economy and millions motto is ‘‘the good life;’’ because I ask unanimous consent that a list of jobs. neighbor to neighbor, town to town, of the players and coaches be printed in I hope my colleagues will work with city to city, Nebraska is home to great the RECORD. Senator WYDEN and me to pass this im- men and women, like Betty Hagel There being no objection the mate- portant legislation in a nanosecond, Breeding.∑ rial was ordered to be printed in the but recognizing the deliberative proc- f RECORD, as follows: ess of the Senate, passage in a Players: nanoyear will suffice. GRAND VALLEY UNIVERSITY WINS Curt Anes, Kentwood, MI f NATIONAL FOOTBALL CHAM- Ryan Balcom, Allendale, MI PIONSHIP Joe Ballard, Chesaning, MI ADDITIONAL STATEMENTS ∑ Mr. LEVIN. Mr. President, I want to Mike Banaszak, Detroit, MI Terrance Banks, Gary, IN bring to the attention of my colleagues Matt Beaty, Detroit, MI BETTY HAGEL BREEDING the recent accomplishments achieved DeJuane Boone, Detroit, MI ∑ Mr. NELSON of Nebraska. Mr. Presi- by Grand Valley State University’s, Josh Bourke, Tecumseh, Ontario, Canada dent, on Monday, a colleague of ours GVSU, football team who on December Kevin Boyd, Highland, IN 14, 2002, became the 2002 National Col- Ryan Brady, Chesaning, MI lost his mother and, as always, when Marvis Bryant, Miami, FL tragedy hits one member of our Senate legiate Athletic Association, NCAA, Division II Football Champions. This Brent Burleson, Carmel, IN family, we all feel like we have lost a Kirk Carruth, Saginaw, MI member of our extended family. championship was the first in Grand Roberto Cepero, Miami, FL Not every American is recognized for Valley’s history, and completes a per- Justin Cessante, Dearborn Heights, MI the way they lived their lives. Most fect season in which the GVSU Lakers Dion Charity, Kentwood, MI Americans pass through time making went 14–0 maintaining their position Michael Christmon, Pontiac, MI contact with those around them, lead- atop the Division II football rankings Jeremy Cochrane, Montrose, MI for the entire season. Even more im- Dustin Cole, Mattawan, MI ing good and decent lives, praying to Phil Condon, Fraser, MI God for forgiveness and salvation, and pressive is the fact that the Lakers are Kyle Daisy, Stevensville, MI leaving behind a modest legacy. 33–1 in their last 34 games with their Louis Dauser, Grand Rapids, MI Betty Hagel Breeding was just like only loss coming in the 2001 title game. Chad Day, Lake Orion, MI each one of us. She strived to live her Preceding their National Champion- Todd DeVree, Hudsonville, MI life well; she endured life’s unexpected ship, the GVSU Lakers won the Great Orlando Dickerson, Allen, TX twists and survived its tragedies for 79 Lakes Intercollegiate Athletic Con- Jamel Dillard, Saginaw, MI years. She passed away this week, a ference, GLIAC, Football Champion- Marcel Dillard, Saginaw, MI ship with a perfect record in league Jeff Dock, Stevensville, MI true Nebraskan and a beloved matri- Melvin Estes, Chicago, IL arch, grandmother and mother of our play. The Laker’s depth was evidenced Sean Ferguson, Wyoming, MI colleague and friend Senator CHUCK by their placing 18 players on the All- Cullen Finnerty, Brighton, MI HAGEL. GLIAC team. Quarterback Curt Anes Eric Fowler, New Haven, MI Life doesn’t prepare you for much, was named the GLIAC Player of the William Gray, Kalamazoo, MI especially the loss of your parents. It’s Year for the second straight season, Scott Greene, Hartland, MI especially difficult to lose someone and received the Harlon Hill Trophy as Lucius Hawkins, Inkster, MI NCAA Division II’s most outstanding Aaron Hein, Hartland, MI who has played such an instrumental Antwaan Henderson, Stevensville, MI role in shaping your life, like most par- player. In addition, head coach Brian David Hendrix, Stevensville, MI ents do. Kelly was recently named the Amer- Tyrone Hibbler, Flint, MI According to her sons, Betty Hagel ican Football Coaches Association Di- Mike Hoad, Farmington, MI Breeding was ‘‘the glue’’ in the Hagel vision II Coach of the Year. Coach Mike Holloway, Chelsea, MI

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.091 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1141 Boomer Hoppough, Ionia, MI EC–479. A communication from the Acting sion, Immigration and Naturalization Serv- Dan Hosford, Belmont, MI Deputy Chief, Wireline Competition Bureau, ice, Department of Justice, transmitting, Tom Hosford, Belmont, MI Federal Communications Commission, trans- pursuant to law, the report of a rule entitled Ryan Hukill, Midland, MI mitting, pursuant to law, the report of a rule ‘‘Adjustment of Status for Certain Aliens Kevin Jacksom, Grand Rapids, MI entitled ‘‘In the Matter Federal-State Joint from Vietnam, Cambodia, and Laos in the David Kircus, Imlay City, MI Board on Universal Service (Doc. 96–45)’’ re- United States (RIN1115–AG14)’’ received on Matt Koss, Goodrich, MI ceived on January 6, 2003; to the Committee January 2003; to the Committee on the Judi- Brandon Langston, Northville, MI on Commerce, Science, and Transportation. ciary. Brent Lesniak, Dowagiac, MI EC–480. A communication from the Sec- EC–489. A communication from the Direc- Sidney Lewis, Bellwood, IL retary of the Commission, Bureau of Con- tor, Regulations and Forms Services Divi- Mario Locricchio, Clinton Township, MI sumer Protection, Federal Trade Commis- sion, Immigration and Naturalization Serv- Brian Lydigsen, Orlando Park, IL sion, transmitting, pursuant to law, the re- ice, Department of Justice, transmitting, Scott Mackey, Bay City, MI port of a rule entitled ‘‘Textile Rules, 16 pursuant to law, the report of a rule entitled Keyonta Marshall, Saginaw, MI C.F.R. 303, Textile Corporate Leniency Pol- ‘‘Waiver of Criminal Grounds of Inadmis- Scott Martin, Sterling Heights, MI icy (RIN3084–OI01)’’ received on January 2, sibility for Immigrants (RIN1115–AG90)’’ re- Michael McFadden, Saginaw, MI 2003; to the Committee on Commerce, ceived on January 2, 2003; to the Committee Brian McGeath, Petoskey, MI Science, and Transportation. on the Judiciary. Chris McInally, Grand Blanc, MI EC–481. A communication from the Direc- EC–490. A communication from the Sec- Justin McNamara, Rochester, MI tor, National Marine Fisheries Service, De- retary of Labor, transmitting, pursuant to Josh Meerman, Coopersville, MI partment of Commerce, transmitting, pursu- law, the report entitled ‘‘Trade and Employ- Kevin Parsons, Detroit, MI ant to law, the report of a rule entitled ‘‘At- ment of the Andean Trade Preference Act’’ Colin Peterson, Grand Haven, MI lantic Highly Migratory Species; Quota and received on January 2, 2003; to the Com- Mike Pinter, Mishawaka, IN Fishing Areas; Trade Monitoring (I.D. mittee on Finance. Robert Pratt, Kalamazoo, MI 070201A)’’ received on January 2, 2003; to the EC–491. A communication from the Chief, Michael Rahn, Grosse Ile, MI Committee on Commerce, Science, and Regulations Unit, Internal Revenue Service, Ryan Rainwater, Grand Blanc, MI Transportation. Department of the Treasury, transmitting, Matt Regnery, Fenton, MI EC–482. A communication from the Senior pursuant to law, the report of a rule entitled Mark Remmler, Grand Rapids, MI Legal Advisor, Media Bureau, Federal Com- ‘‘Republican of Rev. Proc. 2002–6 (Rev. Proc. Shad Risk, Eaton Rapids, MI munication Commission, transmitting, pur- 2003–6)’’ received on January 6, 2003; to the Joe Rivard, Marine City, MI suant to law, the report of a rule entitled ‘‘In Committee on Finance. Ashea Roberson, Ann Arbor, MI the Matter of Review of the Commission’s EC–492. A communication from the Direc- Bob Roesner, Pontiac, MI Broadcast and Cable Equal Employment Op- tor, Regulatory Review and Foreign Invest- Sean Roland, Detroit, MI portunity Rule and Policies (FCC02–303)’’ re- ment Disclosure Group, Farm Service Agen- Brandon Ryan, Grand Blanc, MI ceived on January 6, 2003; to the Committee cy, Department of Agriculture, transmitting, Matt Sammond, Crystal Falls, MI on Commerce, Science, and Transportation. pursuant to law, the report of a rule entitled Ramon Scott, Redford, MI EC–483. A communication from the Assist- ‘‘Final Rule: Skip Row and Strip Crops Darren Smith, Traverse City, MI ant General Counsel for Regulatory Law, Of- (RIN0560–AG55)’’ received on January 2, 2003; John Smith, Southfield, MI fice of Energy Efficiency and Renewable En- to the Committee on Agriculture, Nutrition, Jordan Soper, Midland, MI ergy, Department of Energy, transmitting, and Forestry. Reggie Spearmon, Inkster, MI pursuant to law, the report of a rule entitled EC–493. A communication from the Acting Marcus Spencer, Kalamazoo, MI ‘‘Energy Efficiency Program for Certain Principle Deputy Associate Administrator, Micah Staley, Concord, MI Commercial and Industrial Equipment: Ex- Environmental Protection Agency, transmit- Chris Stoddard, Hubbardston, MI tension of Time for Electric Motor Manufac- ting, pursuant to law, the report of a rule en- Greg Stoddard, Hubbardston, MI turers To Certify Compliance With Energy titled ‘‘Lambda-cyhalotrin, Pesticide Toler- James Streit, Sterling Heights, MI Efficiency Standards (RIN1901–AB11)’’ re- ance for Emergency Exemptions (FRL7285– Adam Sullivan, Rochester, MI ceived on December 18, 2002; to the Com- 2)’’ received on January 6, 2003; to the Com- Michael Tennessee, Sterling Heights, MI mittee on Energy and Natural Resources. mittee on Agriculture, Nutrition, and For- Leon Thomas, Detroit, MI EC–484. A communication from the Presi- estry. Ross VanderKamp, Holland, MI dent of the United States, transmitting, pur- EC–494. A communication from the Acting Dan Vaughn, Stevensville, MI suant to law, the report relative to the De- Principle Deputy Associate Administrator, Nicholas Viau, Cheboygan, MI partment of Homeland Security Reorganiza- Environmental Protection Agency, transmit- Derek Washington, Detroit, MI tion Plan, notification that the functions, ting, pursuant to law, the report of a rule en- Dale Westrick, Grand Ledge, MI personnel, assets, and liabilities of the life titled ‘‘Mesotrione; Pesticide Tolerance Orlando Williams, Maywood, IL sciences activities related to microbial (FRL7282–4)’’ received on January 6, 2003; to Troy Williams, Battle Creek, MI pathogens of the Biological and Environ- the Committee on Agriculture, Nutrition, Luke Winstrom, Zeeland, MI mental Research Program of the Department and Forestry. Todd Wojciechowski, Clinton Township, MI of Energy, shall be transferred to the Sec- EC–495. A communication from the Acting Jason Wynn, Detroit, MI retary of Homeland Security on March 1, Principle Deputy Associate Administrator, Matt Yoches, Dearborn Heights, MI 2003, received on January 2, 2003; to the Com- Environmental Protection Agency, transmit- Coaches: mittee on Energy and Natural Resources. ting, pursuant to law, the report of a rule en- Brian Kelly—Head Coach EC–485. A communication from the Assist- titled ‘‘S-metoachlor, Pesticide Tolerances John Jancek—Defensive Coordinator/Line- ant Secretary of the Interior, Office of Regu- for Emergency Exemptions (FRL7283–2)’’ re- backers latory Affairs, Bureau of Land Management, ceived on January 6, 2003; to the Committee Jeff Quinn—Assistant Coach/Offensive Co- transmitting, pursuant to law, the report of on Agriculture, Nutrition, and Forestry. ordinator a rule entitled ‘‘43 subpart 1864, Recordable EC–496. A communication from the Deputy Ron Burton—Defensive Line Disclaimers of Interest. Final Rule (RIN1004– Secretary, Division of Market Regulation, Greg Forest—Wide Receivers AD50)’’ received on January 6, 2003; to the Securities Exchange Commission, transmit- Chuck Martin—Defensive Backs Committee on Energy and Natural Re- ting, pursuant to law, the report of a rule Jeff Duvendeck—GA Offensive Line sources. ‘‘Trade-Through Disclosure Rule (RIN3235– Cal Fox—Defensive Assistant EC–486. A communication from the Assist- AI52)’’ received on December 20, 2002; to the Todd Kolster—GA Running Backs ant Secretary of the Navy, Installation and Committee on Banking, Housing, and Urban ∑ Jack Prince—Offensive Assistant. Environment, transmitting, pursuant to law, Affairs. f the report relative to a study on certain EC–497. A communication from the Direc- tor, Financial Crimes Enforcement Network, EXECUTIVE AND OTHER functions at Marine Corps Bases, Camp Pen- dleton, California and Camp Lejeune, North Department of the Treasury, transmitting, COMMUNICATIONS Carolina, performed by military and civilian pursuant to law, the report of a rule entitled The following communications were personnel in the Department of the Navy for ‘‘Financial Crimes Enforcement Network; laid before the Senate, together with possible performance by private contractors; Anti-Money Laundering Requirements—Cor- accompanying papers, reports, and doc- to the Committee on Armed Services. respondent Accounts for Foreign Shell EC–487. A communication from the Staff Banks; Recordkeeping and Termination of uments, which were referred as indi- Director, United States Commission on Civil Correspondent Accounts for Foreign Banks cated: Rights, transmitting, pursuant to law, the (RIN1506–AA35)’’ received on December 20, EC–478. A communication from the Assist- report relative to a list of state advisory 2002; to the Committee on Banking, Housing, ant Secretary of Defense, transmitting, pur- committees recently rechartered by the and Urban Affairs. suant to law, the report entitled ‘‘Report on Commission; to the Committee on the Judi- EC–498. A communication from the Deputy TRICARE Reimbursement of Professional ciary. Secretary, Division of Corporation Finance, Providers’’ received on January 2, 2003; to EC–488. A communication from the Direc- Securities and Exchange Commission, trans- the Committee on Armed Services. tor, Regulations and Forms Services Divi- mitting, pursuant to law, the report of a rule

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.093 S17PT1 S1142 CONGRESSIONAL RECORD — SENATE January 17, 2003 entitled ‘‘Exemption for Standardized Op- EC–509. A communication from the Pro- entitled ‘‘Airworthiness Directives: General tions from Provisions of the Securities Act gram Analyst, Federal Aviation Administra- Electric Company CF34–8CI Turbofan En- of 1933 and from the Registration Require- tion, Department of Transportation, trans- gines; Docket No. 02–NE–13 (RIN2120–AA64) ments of the Securities Exchange Act of 1934 mitting, pursuant to law, the report of a rule (2003–0001)’’ received on January 8, 2003; to (RIN3235–AI55)’’ received on January 2, 2003; entitled ‘‘Establishment of Class E5 Air- the Committee on Commerce, Science, and to the Committee on Banking, Housing, and space; Middlesboro, KY; Docket no. 02–ASO– Transportation. Urban Affairs. 20 [12–2/1–2]’’ received on January 8, 2003; to EC¥519. A communication from the Pro- EC–499. A communication from the General the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- Counsel, Federal Emergency Management Transportation. tion, Department of Transportation, trans- Agency, transmitting, pursuant to law, the EC–510. A communication from the Pro- mitting, pursuant to law, the report of a rule report of a rule entitled ‘‘Final Flood Ele- gram Analyst, Federal Aviation Administra- entitled ‘‘Security Consideration for the vation Determinations 67 FR70699 11/26/02 (44 tion, Department of Transportation, trans- Flightdeck on Foreign Operated Transport CFR 67)’’ received on January, 2, 2003; to the mitting, pursuant to law, the report of a rule Category Airplanes; Request for Comments; Committee on Banking, Housing, and Urban entitled ‘‘Establishment of Class E5 Air- Docket No. FAA2002–12504 (RIN2120–AH70) Affairs. space; Newport, TN; Docket no. 02–ASO–21 (2003–0001)’’ received on January 8, 2003; to EC–500. A communication from the General [12–2/1–2]((RIN2120–AA66)(2003–0004))’’ re- the Committee on Commerce, Science, and Counsel, Federal Emergency Management ceived on January 8, 2003; to the Committee Transportation. Agency, transmitting, pursuant to law, the on Commerce, Science, and Transportation. EC¥520. A communication from the Pro- report of a rule entitled ‘‘Final Flood Ele- EC¥511. A communication from the Pro- gram Analyst, Federal Aviation Administra- vation Determinations 67 FR70700 11/26/02 (44 gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- CFR 67)’’ received on January 2, 2003; to the tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Committee on Banking, Housing, and Urban mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: McDon- Affairs. entitled ‘‘Establishment of Class E5 Air- nell Douglas Model MD11 and MD11F Air- EC–501. A communication from the General space; Taxewell, TN; Docket No. 02–ASO–23 planes Equipped with Collins LRA 900 Radio Counsel, Federal Emergency Management [12–2/1–2] ((RIN2120–AA66) (2003–0005))’’ re- Altimeters; Docket No. 200–NM406 (RIN2120– Agency, transmitting, pursuant to law, the ceived on January 8, 2003; to the Committee AA64) (2003–0006)’’ received on January 8, report of a rule entitled ‘‘Final Flood Ele- on Commerce, Science, and Transportation. 2003; to the Committee on Commerce, vation Determinations 67 FR70696 11/26/02 EC¥512. A communication from the Pro- Science, and Transportation. (Doc. No. FEMA–P–7618)’’ received on Janu- gram Analyst, Federal Aviation Administra- EC¥521. A communication from the Pro- ary 2, 2003; to the Committee on Banking, tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Housing, and Urban Affairs. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–502. A communication from the Senior entitled ‘‘Modification of Class E Airspace; mitting, pursuant to law, the report of a rule Paralegal, Office of Thrift Supervision, De- Flint, MI; Docket No. 02–AGL–11 ((RIN2120– entitled ‘‘Airworthiness Directives: Cessna partment of the Treasury, transmitting, pur- AA66) (2003–0001))’’ received on January 8, Model 50 Airplanes; Docket No. 99–NM218 suant to law, the report of a rule entitled 2003; to the Committee on Commerce, (RIN2120–AA64) (2003–0002)’’ received on Jan- ‘‘Savings Associations—Transactions with Science, and Transportation. uary 8, 2003; to the Committee on Commerce, Affiliates (RIN1550–AB55)’’ received on Janu- EC¥513. A communication from the Pro- Science, and Transportation. ary 2, 2003; to the Committee on Banking, gram Analyst, Federal Aviation Administra- EC¥522. A communication from the Pro- Housing, and Urban Affairs. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–503. A communication from the Deputy mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Congressional Liaison, Board of Governors of entitled ‘‘Amendment of Class E5 Airspace; mitting, pursuant to law, the report of a rule the Federal Reserve System, transmitting, Memphis TN; Docket No. 02–ASO–26 [11–2/1–2] entitled ‘‘Airworthiness Directives: MT Pro- pursuant to law, the report of a rule entitled ((RIN2120–AA66) (2003–0009))’’ received on peller Entwicklung ZGMBH Models MTV 9 B ‘‘Regulation C (Home Mortgage Disclosure)’’ January 8, 2003; to the Committee on Com- C and MTV 3 B C Propellers; Docket No. 99– received on January 2, 2003; to the Com- merce, Science, and Transportation. NE–35 (RIN2120–AA64) (2003–0007)’’ received mittee on Banking, Housing, and Urban Af- EC¥514. A communication from the Pro- on January 8, 2003; to the Committee on fairs. gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. EC–504. A communication from the Presi- tion, Department of Transportation, trans- EC¥523. A communication from the Pro- dent of the United States, transmitting, pur- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- suant to law, the report relative to the con- entitled ‘‘Modification of Class E Airspace; tion, Department of Transportation, trans- tinuation of the national emergency to deal Indianapolis, IN; Docket No. 02–AGL–09 mitting, pursuant to law, the report of a rule with the unusual and extraordinary threat to (RIN2120–AA66) (2003–0008)’’ received on Jan- entitled ‘‘Airworthiness Directives: MD Heli- national security constituted by Libya de- uary 8, 2003; to the Committee on Commerce, copters, Inc. Model MD900 Helicopters; Dock- clared by Executive Order 12543 and 12544 to Science, and Transportation. et No. 2001–SW–26 (RIN2120–AA64) (2003–0005)’’ be in effect beyond January 7, 2003; to the EC¥515. A communication from the Pro- received on January 8, 2003; to the Com- Committee on Banking, Housing, and Urban gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- Affairs. tion, Department of Transportation, trans- tation. EC–505. A communication from the Presi- mitting, pursuant to law, the report of a rule EC¥524. A communication from the Pro- dent of the United States, transmitting, pur- entitled ‘‘Modification of Class D Airspace; gram Analyst, Federal Aviation Administra- suant to law, a Periodic Report on the Na- Knob Noster, Whiteman AFB, MO; Modifica- tion, Department of Transportation, trans- tional Emergency with Respect to Libya; to tion of Class E Airspace; Knob Noster, mitting, pursuant to law, the report of a rule the Committee on Banking, Housing, and Whiteman, AFB, MO; Correction; Doc. No. entitled ‘‘Airworthiness Directives: Cameron Urban Affairs. 02–ACE–7 (RIN2120–AA66) (2003–0007)’’ re- Balloons Lrd Mkl (BRI), and Mk2 (Mistral) EC–506. A message from the President of ceived on January 8, 2003; to the Committee Burners; Docket No. 2000–CE–50 (RIN2120– the United States, transmitting, pursuant to on Commerce, Science, and Transportation. AA64) (2003–0004)’’ received on January 8, law, the Periodic Report on the National EC¥516. A communication from the Pro- 2003; to the Committee on Commerce, Emergency with Respect to the Risk of Nu- gram Analyst, Federal Aviation Administra- Science, and Transportation. clear Proliferation Created by the Accumu- tion, Department of Transportation, trans- EC¥525. A communication from the Pro- lation of Weapons-Usable Fissile Material in mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the Territory of the Russian Federation; to entitled ‘‘Amendment of Class E5 Airspace; tion, Department of Transportation, trans- the Committee on Banking, Housing, and Rockwood, TN; doc. No. 02–ASO–22 (RIN2120– mitting, pursuant to law, the report of a rule Urban Affairs. AA66) (2003–0006)’’ received on January 8, entitled ‘‘Airworthiness Directives: EC–507. A communication from the Senior 2003; to the Committee on Commerce, Raytheon Aircraft Company 200, 300, and 1900 Vice President, Congressional Affairs, Ex- Science, and Transportation. Series, and Models F90 and A100–1 Airplanes; port-Import Bank, transmitting, pursuant to EC¥517. A communication from the Pro- Docket No. 2001–Ce–21 (RIN2120–AA64) (2003– law, the report entitled ‘‘Export-Import gram Analyst, Federal Aviation Administra- 0003)’’ received on January 8, 2003; to the Bank of the United States Annual Report FY tion, Department of Transportation, trans- Committee on Commerce, Science, and 2002’’; to the Committee on Banking, Hous- mitting, pursuant to law, the report of a rule Transportation. ing, and Urban Affairs. entitled ‘‘I-G Stalling Speed as a Basis for EC–526. A communication from the Pro- EC–508. A communication from the Pro- Compliance With Part 25 of the Federal gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Aviation Regulations; Doc. No. 28404; tion, Department of Transportation, trans- tion, Department of Transportation, trans- (RIN2120–AD40)’’ received on January 8, 2003; mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives: Airbus entitled ‘‘Establishment of Class D Airspace; and Transportation. Model A300 B2 and B4 Series Airplanes, A300 Rome, NY; docket no. 02–AEA–13 [11–25/1– EC¥518. A communication from the Pro- B4–600, B4, 600R, and F4–600R Series Air- 1](RIN2120–AA66)’’ received on January 8, gram Analyst, Federal Aviation Administra- planes; and Model A310 Series Airplanes; 2003; to the Committee on Commerce, tion, Department of Transportation, trans- docket No. 2002–NM–40 (RIN2120–AA64) (2003– Science, and Transportation. mitting, pursuant to law, the report of a rule 0008)’’ received on January 8, 2003; to the

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.038 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1143 Committee on Commerce, Science, and tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- Transportation. mitting, pursuant to law, the report of a rule tation. EC–527. A communication from the Pro- entitled ‘‘Standard Instrument Approach EC–546. A communication from the Chief, gram Analyst, Federal Aviation Administra- Procedures; Miscellaneous Amendments; Regulations and Administrative Law, United tion, Department of Transportation, trans- Amdt. No. 3037 (RIN2120–AA65)’’ received on States Coast Guard, Department of Trans- mitting, pursuant to law, the report of a rule January 14, 2003; to the Committee on Com- portation, transmitting, pursuant to law, the entitled ‘‘Airworthiness Directives: Dassault merce, Science, and Transportation. report of a rule entitled ‘‘Drawbridge Regu- Model Falcon 900EX and Mystere Falcon 900 EC–537. A communication from the Pro- lations: Mississippi River, Iowa and Illinois Series Airplanes; docket No. 200–NM–418 gram Analyst, Federal Aviation Administra- [CGD08–02–044] (RIN2115–AE47) (2002–0107)’’ (RIN2120–AA64) (2003–0009)’’ received on Jan- tion, Department of Transportation, trans- received on January 8, 2003; to the Com- uary 8, 2003; to the Committee on Commerce, mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- Science, and Transportation. entitled ‘‘Standard Instrument Approach tation. EC–528. A communication from the Pro- Procedures; Miscellaneous Amendments; gram Analyst, Federal Aviation Administra- Amdt. No. 3035 (RIN2120–AA65)’’ received on EC–547. A communication from the Chief, tion, Department of Transportation, trans- January 14, 2003; to the Committee on Com- Regulations and Administrative Law, United mitting, pursuant to law, the report of a rule merce, Science, and Transportation. States Coast Guard, Department of Trans- entitled ‘‘Airworthiness Directives: Dassault EC–538. A communication from the Pro- portation, transmitting, pursuant to law, the Model Falcon 2000 Series Airplanes; doc. No. gram Analyst, Federal Aviation Administra- report of a rule entitled ‘‘Safety/Security 2000–NM–417 (RIN2120–AA64) (2003–0010)’’ re- tion, Department of Transportation, trans- Zone Regulations: Port of San Diego, CA ceived on January 8, 2003; to the Committee mitting, pursuant to law, the report of a rule [COTP San Diego 02–026] (RIN2115–AA97) on Commerce, Science, and Transportation. entitled ‘‘Standard Instrument Approach (2003–0002)’’ received on January 8, 2003; to EC–529. A communication from the Pro- Procedures; Miscellaneous Amendments; the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- Amdt. No. 3036 (RIN2120–AA65)’’ received on Transportation. tion, Department of Transportation, trans- January 14, 2003; to the Committee on Com- EC–548. A communication from the Chief, mitting, pursuant to law, the report of a rule merce, Science, and Transportation. Regulations and Administrative Law, United EC–539. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing States Coast Guard, Department of Trans- gram Analyst, Federal Aviation Administra- Model 747 Series Airplanes; docket No. 2002– portation, transmitting, pursuant to law, the tion, Department of Transportation, trans- NM–24 (RIN2120–AA64) (2003–0011)’’ received report of a rule entitled ‘‘Safety/Security mitting, pursuant to law, the report of a rule on January 8, 2003; to the Committee on Zone Regulations: Drilling and Blasting Op- entitled ‘‘Amendment of Class E Airspace; Commerce, Science, and Transportation. erations, Hubline Project, Captain of the EC–530. A communication from the Pro- Philadelphia, PA; Docket No. 02–AEA–03 Port Boston, Massachusetts [CGD01–02–131] gram Analyst, Federal Aviation Administra- (RIN2120–AA66)’’ received on January 14, (RIN2115–AA97) (2003–0001)’’ received on Jan- tion, Department of Transportation, trans- 2003; to the Committee on Commerce, uary 8, 2003; to the Committee on Commerce, mitting, pursuant to law, the report of a rule Science, and Transportation. Science, and Transportation. entitled ‘‘Airworthiness Directives General EC–540. A communication from the Pro- Electric Company CF34–8c1 Turbofan En- gram Analyst, Federal Aviation Administra- EC–549. A communication from the Senior gines; Correction; Docket No. 2002–NE–13 tion, Department of Transportation, trans- Legal Advisor to the Chief, Media Bureau, (RIN2120–AA64)’’ received on January 14, mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- 2003; to the Committee on Commerce, entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule Science, and Transportation. Procedure; Miscellaneous Amendments; entitled ‘‘Amendment of Section 73.202(b), EC–531. A communication from the Pro- Amdt. No. 3034 (RIN2120–AA65)’’ received on Table of Allotments, FM Broadcast Stations. gram Analyst, Federal Aviation Administra- January 14, 2003; to the Committee on Com- Ardmore, Brilliant, Brookwood, Gadsden, tion, Department of Transportation, trans- merce, Science, and Transportation. Hoover, Moundville, New Hope, Pleasant mitting, pursuant to law, the report of a rule EC–541. A communication from the Pro- Grove, Russellville, Scottboro, Troy, Tusca- entitled ‘‘Amendment of Class D Airspace; gram Analyst, Federal Aviation Administra- loosa and Winfield, Alabama, Okolona and Norfolk NAS, VA; Docket No. 02–AEA–12 tion, Department of Transportation, trans- Vardaman, Mississippi, Linden and Walden, (RIN2120–AA66)’’ received on January 14, mitting, pursuant to law, the report of a rule Tennessee) (MM Doc. No. 01–62)’’ received on 2003; to the Committee on Commerce, entitled ‘‘Amendment of Class E Airspace; January 10, 2003; to the Committee on Com- Science, and Transportation. Milbank, SD; Docket No. 02–AGL–10 merce, Science, and Transportation. EC–532. A communication from the Pro- (RIN2120–AA66)’’ received on January 14, EC–550. A communication from the Senior gram Analyst, Federal Aviation Administra- 2003; to the Committee on Commerce, Legal Advisor to the Chief, Media Bureau, tion, Department of Transportation, trans- Science, and Transportation. Federal Communications Commission, transmitting, pursuant to law, the report of a rule EC–542. A communication from the Chief, mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Regulations and Administrative Law, United entitled ‘‘Amendment of Section 73.622(b), Eurocopter France Model AS355E, F, F1, F2, States Coast Guard, Department of Trans- Table of Allotments, DTV Broadcast Sta- and N Helicopters; Docket No. 2002–SW–48 portation, transmitting, pursuant to law, the tions, Fort Myers, FL (MM Doc. No. 00–180, (RIN2120–AA64)’’ received on January 14, report of a rule entitled ‘‘Safety/Security RM–9956)’’ received on January 10, 2003; to 2003; to the Committee on Commerce, Zone Regulations: San Francisco Bay, Cali- the Committee on Commerce, Science, and Science, and Transportation. fornia ((RIN2115–AA97) (2002–0210))’’ received EC–533. A communication from the Pro- on January; to the Committee on Commerce, Transportation. gram Analyst, Federal Aviation Administra- Science, and Transportation. EC–551. A communication from the Senior tion, Department of Transportation, trans- EC–543. A communication from the Chief, Legal Advisor to the Chief, Media Bureau, mitting, pursuant to law, the report of a rule Regulations and Administrative Law, United Federal Communications Commission, trans- entitled ‘‘Airworthiness Directives: Honey- States Coast Guard, Department of Trans- mitting, pursuant to law, the report of a rule well International Inc. TPE331–3,5,6,8,10, and portation, transmitting, pursuant to law, the entitled ‘‘Amendment of Section 73.202(b), 11 Series Turboprop and TSE331 3 Series Tur- report of a rule entitled ‘‘Safety/Security Table of Allotment, FM Broadcast Stations boshaft Engines; Docket No. 2001–NE–11 Zone Regulations: (Including 2 regulations) Emmetsburg and Sanborn, Iowa (Doc. No. 01– (RIN2120–AA64)’’ received on January 14, Lake Michigan, Chicago, IL [CGD09–02–526]; 65, RM–10078)’’ received on January 10, 2003; 2003; to the Committee on Commerce, James River, Newport News, Virginia to the Committee on Commerce, Science, Science, and Transportation. [CGD05–02–097] (RIN2115–AA97) (2002–0209)’’ and Transportation. EC–534. A communication from the Pro- received on January 8, 2003; to the Com- EC–552. A communication from the Senior gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- Legal Advisor to the Chief, Media Bureau, tion, Department of Transportation, trans- tation. Federal Communications Commission, trans- EC–544. A communication from the Chief, mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Regulations and Administrative Law, United entitled ‘‘Airworthiness Directives: Rolls entitled ‘‘Amendment of Section 73.2002(b), States Coast Guard, Department of Trans- Royce plc RB211–535 Turbofan Engines; COR- Table of Allotments, FM Broadcast Stations portation, transmitting, pursuant to law, the RECTION; Docket No. 2002–NE–16 (RIN2120– Encinal, Texas (MB Doc. No. 02–188, RM– report of a rule entitled ‘‘Drawbridge Regu- AA64)’’ received on January 14, 2003; to the 10462)’’ received on January 10, 2003; to the lations: Mississippi River, Dubuque, IA Committee on Commerce, Science, and Committee on Commerce, Science, and [CGD08–02–042] (RIN2115–AE470) (2002–0105)’’ Transportation. Transportation. EC–535. A communication from the Pro- received on January 8, 2003; to the Com- gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- EC–553. A communication from the Senior tion, Department of Transportation, trans- tation. Legal Advisor to the Chief, Media Bureau, mitting, pursuant to law, the report of a rule EC–545. A communication from the Chief, Federal Communications Commission, trans- entitled ‘‘Standards Instrument Approach Regulations and Administrative Law, United mitting, pursuant to law, the report of a rule Procedures; Miscellaneous Amendments; States Coast Guard, Department of Trans- entitled ‘‘Amendment of Section 73.202(b), Amdt. No. 3038 (RIN2120–AA65)’’ received on portation, transmitting, pursuant to law, the Table of Allotments, FM Broadcast Stations. January 14, 2003; to the Committee on Com- report of a rule entitled ‘‘Drawbridge Regu- (Clarksdale and Friars Point, Mississippi) merce, Science, and Transportation. lations: Mississippi River, Burlington, IA (MM Doc. No. 02–119)’’ received on January EC–536. A communication from the Pro- [CGD08–02–043] (RIN2115–AE47) (2002–0106)’’ 10, 2003; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- received on January 8, 2003; to the Com- Science, and Transportation.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.040 S17PT1 S1144 CONGRESSIONAL RECORD — SENATE January 17, 2003 EC–554. A communication from the Senior EC–562. A communication from the Comp- INTRODUCTION OF BILLS AND Legal Advisor to the Chief, Media Bureau, troller of the Currency, Administrator of Na- JOINT RESOLUTIONS Federal Communications Commission, trans- tional Banks, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule the report containing the four issues of the The following bills and joint resolu- entitled ‘‘Amendment of Section 73.202(b), Quarterly Journal that compromise the 2001 tions were introduced, read the first Table of Allotments, FM Broadcast Stations annual report; to the Committee on Bank- and second times by unanimous con- (Boonville, California) (MB Doc. No. 02–105)’’ ing, Housing, and Urban Affairs. sent, and referred as indicated: received on January 10, 2003; to the Com- EC–563. A communication from the Assist- By Ms. LANDRIEU: mittee on Commerce, Science, and Transpor- ant Secretary of Defense, International Se- S. 193. A bill to direct the Secretary of En- tation. curity Policy, transmitting, pursuant to law, ergy to carry out a program to evaluate and EC–555. A communication from the Senior the report entitled ‘‘Cooperative Threat Re- Legal Advisor to the Chief, Media Bureau, demonstrate the operation of radiation deduction Annual Report to Congress Fiscal tection systems for use at seaports in the Federal Communications Commission, trans- Year 2003’’; to the Committee on Armed mitting, pursuant to law, the report of a rule United States; to the Committee on Com- Services. merce, Science, and Transportation. entitled ‘‘Amendment of Section 73.202(b), EC–564. A communication from the Assist- Table of Allotments, FM Broadcast Stations. By Mr. CORZINE (for himself, Mr. JEF- ant Secretary, Legislative Affairs, Depart- FORDS, and Mr. LIEBERMAN): (Chillicothe and Ashville, OH) (MM Doc. No. ment of State, transmitting, pursuant to 99–322)’’ received on January 10, 2003; to the S. 194. A bill to amend the Clean Air Act to law, the report entitled ‘‘To Walk the Earth establish an inventory, registry, and infor- Committee on Commerce, Science, and in Safety the United States Commitment to Transportation. mation system of United States greenhouse Humanitarian Demining’’; to the Committee EC–556. A communication from the Staff gas emissions to inform the public and pri- on Foreign Relations. Attorney, Research and Special Programs vate sector concerning, and encourage vol- Administration, Department of Transpor- EC–565. A communication from the Assist- untary reductions in, greenhouse gas emis- tation, transmitting, pursuant to law the re- ant Legal Advisor for Treaty Affairs, Depart- sions; to the Committee on Environment and port of a rule entitled ‘‘Harmonization with ment of State, transmitting, pursuant to Public Works. the United National Recommendations, law, the report of International Agreements By Mr. CHAFEE (for himself, Mr. International Maritime Dangerous Goods other than Treaties entered into with Aus- INHOFE, Mr. JEFFORDS, Mr. CARPER, Code, and International Civil Aviation Orga- tralia, Indonesia, Federal Republic of Yugo- and Mr. WARNER): nization’s Technical Instructions; Incorpora- slavia, Mexico and Croatia; to the Com- S. 195. A bill to amend the Solid Waste Dis- tion by Reference (RIN2137–AD41)’’ received mittee on Foreign Relations. posal Act to bring underground storage on January 8, 2003; to the Committee on EC–566. A communication from the Assist- tanks into compliance with subtitle I of that Commerce, Science, and Transportation. ant Legal Advisor for Treaty Affairs, Depart- Act, to promote cleanup of leaking under- EC–557. A Communication from the Attor- ment of State, transmitting, pursuant to ground storage tanks, to provide sufficient ney, Research and Special Programs Admin- law, the report of International Agreements resources for such compliance and cleanup, istration, Department of Transportation, other than Treaties entered into with Paki- and for other purposes; to the Committee on transmitting, pursuant to law, the report of stan, Italy, Japan and the Philippines; to the Environment and Public Works. a rule entitled ‘‘Hazardous Material: Tem- Committee on Foreign Relations. By Mr. ALLEN (for himself, Mr. porary Reduction of Registration Fees EC–567. A communication from the Assist- MCCAIN, Mr. STEVENS, Mr. HOLLINGS, (RIN2137–AD53)’’ received on January 8, 2003; ant Legal Advisor for Treaty Affairs, Depart- and Mr. MILLER): to the Committee on Commerce, Science, ment of State, transmitting, pursuant to S. 196. A bill to establish a digital and and Transportation. law, the report of International Agreements wireless network technology program, and EC–558. A communication from the Attor- other than Treaties entered into with Tai- for other purposes; to the Committee on ney Advisor, National Highway Traffic Safe- wan by the American Institute in Taiwan; to Commerce, Science, and Transportation. ty Administration, Department of Transpor- the Committee on Foreign Relations. By Mrs. BOXER: tation, transmitting, pursuant to law, the re- EC–568. A communication from the Pro- S. 197. A bill to amend the Elementary and port of a rule entitled ‘‘Federal Motor Vehi- gram Analyst, Directorate of Civil Works, Secondary Education Act of 1965 to establish cle Safety Standards; Occupant Crash Pro- Operations Divisions, Army Corps of Engi- a program to help States expand the edu- tection (RIN2127–AI85)’’ received on January neers, Department of Defense, transmitting, cation system to include at least 1 year of 8, 2003; to the Committee on Commerce, pursuant to law, the report of a rule entitled early education preceding the year a child Science, and Transportation. ‘‘United States Navy Restricted Area, Narra- enters kindergarten; to the Committee on EC–559. A communication from the Assist- gansett Bay, East Passage, Coddington Cove, Health, Education, Labor, and Pensions. ant Administrator for Fisheries, Office of Naval Station Newport, Newport, RI’’; to the Sustainable Fisheries, Domestic Fisheries Committee on Environment and Public f Division, Department of Commerce, trans- Works. mitting, pursuant to law, the report of a rule SUBMISSION OF CONCURRENT AND EC–569. A communication from the Admin- SENATE RESOLUTIONS entitled ‘‘Fisheries of the Northeastern istrator, General Services Administration, United States; Atlantic Surf Clam and Ocean transmitting, pursuant to law, the report The following concurrent resolutions Quahog Fisheries; Final Specifications for relative to a lease prospectus for the Depart- and Senate resolutions were read, and 2003 (RIN0648–AQ31)’’ received on January 10, ment of Homeland Security in the Wash- 2003; to the Committee on Commerce, referred (or acted upon), as indicated: ington, DC, metropolitan area; to the Com- By Mr. CORZINE (for himself and Mr. Science, and Transportation. mittee on Environment and Public Works. EC–560. A communication from the Acting WARNER): Director, Office of Sustainable Fisheries, Na- S. Con. Res. 2. A concurrent resolution ex- tional Marine Fisheries Service, Department f pressing the sense of the Congress that the of Commerce, transmitting, pursuant to law, United States Postal Service should issue the report of a rule entitled ‘‘The NMFS an- EXECUTIVE REPORTS OF commemorative postage stamps honoring nounce Halibut and red king crab bycatch Americans who distinguished themselves by rate standards for the first half of 2003. Pub- COMMITTEES their service in the armed forces; to the lication of these bycatch rate standards is The following executive reports of Committee on Governmental Affairs. necessary under regulations implementing committees were submitted: f the vessel incentive program (VIP). This ac- By Ms. COLLINS for the Committee on tion is necessary to implement the bycatch Governmental Affairs. ADDITIONAL COSPONSORS rate standards for trawl vessel operators who participate in the Alaska groundfish trawl *Thomas J. Ridge, of Pennsylvania, to be S. 17 fisheries. The intent of this action is to Secretary of Homeland Security. At the request of Mr. JEFFORDS, the avoid excessive prohibited species bycatch By Mr. WARNER for the Committee on name of the Senator from Maryland rates and promote conservation of ground- Armed Services. Army nomination of Lt. Gen. George W. (Mr. SARBANES) was added as a cospon- fish and other fishery resources’’ received on sor of S. 17, a bill to initiate respon- January 10, 2003; to the Committee on Com- Casey, Jr. merce, Science, and Transportation. Army nomination of Lt. Gen. John P. sible Federal actions that will reduce EC–561. A communication from the Assist- Abizaid. the risks from global warming and cli- ant Chief Counsel, Office of Security Regula- *Nomination was reported with rec- mate change to the economy, the envi- tion and Policy, Transportation Security Ad- ommendation that it be confirmed subject to ronment, and quality of life, and for ministration, Department of Transportation, the nominee’s commitment to respond to re- other purposes. transmitting, pursuant to law, the report of quests to appear and testify before any duly S. 85 a rule entitled ‘‘Aviation Security: Private constituted committee of the Senate. Charter Security Rules (RIN2110–AA05)’’ re- (Nominations without an asterisk were re- At the request of Mr. LUGAR, the ceived on January 8, 2003; to the Committee ported with the recommendation that they names of the Senator from Georgia on Commerce, Science, and Transportation. may be confirmed.) (Mr. MILLER) and the Senator from

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.041 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1145 Ohio (Mr. DEWINE) were added as co- STATEMENTS ON INTRODUCED greatest rate of increase in global sponsors of S. 85, a bill to amend the BILLS AND JOINT RESOLUTIONS mean surface temperature in the last Internal Revenue Code of 1986 to pro- By Mr. CORZINE (for himself, 10,000 years. If these trends continue, the results vide for a charitable deduction for con- Mr. JEFFORDS, and Mr. may be devastating. People in my tributions of food inventory. LIEBERMAN): State of New Jersey treasure their Jer- S. 120 S. 194. A bill to amend the Clean Air sey Shore. With the exception of the 50 At the request of Mr. BAYH, the name Act to establish an inventory, registry, mile northern border with New York, of the Senator from Georgia (Mr. MIL- and information system of United New Jersey is surrounded by water. LER) was added as a cosponsor of S. 120, States greenhouse emissions to inform The State’s Atlantic coastline a bill to eliminate the marriage tax the public and private sector con- stretches 127 miles. Fourteen of 21 penalty permanently in 2003. cerning, and encourage voluntary re- counties have estuarine or marine ductions in, greenhouse gas emissions; S. 145 shorelines. Rising sea level is already to the Committee on Environment and At the request of Mr. KYL, the name having adverse impacts, by exacer- Public Works. of the Senator from Nevada (Mr. EN- bating coastal erosion, and causing in- Mr. CORZINE. Mr. President, I rise SIGN) was added as a cosponsor of S. undation, flooding, and saline intru- today to introduce a bill that rep- 145, a bill to prohibit assistance to sions into ground water. The NJ coast- resents an important step towards the North Korea or the Korean Peninsula al area also supports one of New Jer- goal of addressing the threats posed by Development Organization, and for sey’s largest industries, tourism. other purposes. global climate change. I am pleased to Sea level is rising more rapidly along be joined on this bill by Senator JEF- S. 173 the US coast than worldwide. Studies FORDS and Senator LIEBERMAN. They At the request of Mrs. BOXER, the by EPA and others have estimated that were cosponsors of this legislation in along the Gulf and Atlantic coasts, a name of the Senator from California the 107th Congress, they are recognized (Mrs. FEINSTEIN) was added as a co- one-foot rise in the sea level is likely environmental leaders in the Senate, by 2050 and could occur as soon as 2025. sponsor of S. 173, a bill to amend the and are long-standing, outspoken advo- Internal Revenue Code of 1986 to extend In the next century, a two-foot rise is cates for taking action to mitigate cli- most likely but a four-foot rise is pos- the financing of the Superfund. mate change. I appreciate their help in S. 185 sible. The implications for New Jersey introducing this legislation today. and many other coastal States are po- At the request of Mr. LEAHY, the Climate change is a complex issue. tentially very significant. I am con- name of the Senator from Iowa (Mr. Scientifically. Economically. Politi- cerned about this impact. And I am HARKIN) was added as a cosponsor of S. cally. But complexity is no excuse for concerned about other climate change 185, a bill to authorize emergency sup- inattention or inaction. Because the impacts across New Jersey, the coun- plemental assistance to combat the health and viability of the global eco- try and the globe. growing humanitarian crisis in sub-Sa- systems upon which we all depend are The time for inaction and delay is haran Africa. at stake. And the time to act is now. over. We need to take steps today to In 2001, the Intergovernmental Panel AMENDMENT NO. 31 start dealing with this issue. This bill on Climate Change released its Third At the request of Mr. NELSON of Flor- is a modest step. But I think it’s an im- Assessment Report. That report shows ida, his name was added as a cosponsor portant one, and it’s one that I believe that climate change science is increas- of amendment No. 31 proposed to H.J. we should be able to act on during the ingly clear and alarming. We know Res. 2, a joint resolution making fur- 108th Congress. ther continuing appropriations for the that human activities, primarily fossil The main provisions of the bill estab- fiscal year 2003, and for other purposes. fuel combustion, have raised the at- lish a system that would require com- mospheric concentration of carbon di- AMENDMENT NO. 31 panies to estimate and report their oxide to the highest levels in the last At the request of Mr. SCHUMER, the emissions of greenhouse gases, and a names of the Senator from South Caro- 420,000 years. We know that the planet place where companies can register is warming, and that the balance of the lina (Mr. HOLLINGS), the Senator from greenhouse gas emissions reductions. scientific evidence suggests that most North Dakota (Mr. DORGAN), the Sen- In addition, the bill would require an of the recent warming can be attrib- ator from Delaware (Mr. BIDEN), the annual report on U.S. greenhouse gas uted to increased atmospheric green- Senator from Massachusetts (Mr. KEN- emissions. I’d like to go through each house gas levels. We know that without NEDY), the Senator from Florida (Mr. of these components in more detail. concerted action by the U.S. and other GRAHAM), the Senator from New York First, the bill requires EPA to work countries, greenhouse gases will con- (Mrs. CLINTON) and the Senator from with the Secretaries of Energy, Com- tinue to increase. New Jersey (Mr. LAUTENBERG) were merce and Agriculture, as well as the These findings were echoed by a Na- added as cosponsors of amendment No. private sector and non-governmental tional Academy Sciences report pub- 31 proposed to H.J. Res. 2, supra. organizations to establish a greenhouse lished later in 2001, which concluded gas emission information system. For AMENDMENT NO. 32 that: ‘‘Greenhouse gases are accumu- the purposes of the bill, greenhouse At the request of Mr. HARKIN, the lating in Earth’s atmosphere as a re- gases are carbon dioxide, methane, ni- names of the Senator from North Caro- sult of human activities, causing sur- trous oxide, hydrofluorocarbons, lina (Mr. EDWARDS), the Senator from face air temperatures and subsurface perfluorocarbons, and sulfur hexafluo- New York (Mrs. CLINTON), the Senator ocean temperatures to rise. Tempera- ride. EPA is directed to establish from Florida (Mr. GRAHAM), the Sen- tures are, in fact, rising. The changes threshold quantities for each of these ator from New York (Mr. SCHUMER) and observed over the last several decades gases. The threshold quantities will the Senator from North Dakota (Mr. are likely mostly due to human activi- trigger the requirement for a company DORGAN) were added as cosponsors of ties, but we cannot rule out that some to report to the system, and are in- amendment No. 32 proposed to H.J. significant part of these changes is also cluded to enable EPA to exclude most Res. 2, a joint resolution making fur- a reflection of natural variability.... small businesses from the reporting re- ther continuing appropriations for the ‘‘Despite the uncertainties, there is quirements. fiscal year 2003, and for other purposes. general agreement that the observed Companies that emit more than a AMENDMENT NO. 33 warming is real and particularly strong threshold quantity of each gas will be At the request of Mr. CRAIG, the within the past 20 years.’’ required to report their emissions on name of the Senator from Washington Climate science and climate mod- an annual basis to EPA. The require- (Ms. CANTWELL) was added as a cospon- eling have improved. These models pre- ments will be phased in, beginning with sor of amendment No. 33 intended to be dict warming under all scenarios that direct, stationary source emissions in proposed to H.J. Res. 2, a joint resolu- have been considered. Even the small- 2004. The following year, in 2005, com- tion making further continuing appro- est warming predicted by current mod- panies subject to the reporting require- priations for the fiscal year 2003, and els, 2.5 degrees Fahrenheit over the ments will need to submit to EPA esti- for other purposes. next century, would represent the mates of other types of greenhouse gas

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.044 S17PT1 S1146 CONGRESSIONAL RECORD — SENATE January 17, 2003 emissions, such as process emissions, voluntary reductions now. That’s the open to work with Senator BROWNBACK fugitive emissions, mobile source emis- main purpose of the bill. on an alternative again in this Con- sions, forest product-sensor emissions, In addition, the bill requires EPA to gress. and indirect emissions from heat and annually publish a U.S. greenhouse gas In closing, it’s clear that it’s up to steam. By reporting to the system, emissions inventory. This will be a na- Congress to lead on climate change. I companies will be able to establish tional account of greenhouse gas emis- urge my colleagues to work with me emissions baselines. sions for our nation, and will incor- this Congress to create a credible Perhaps more important than the re- porate the information submitted to greenhouse gas reporting and registry porting system is the greenhouse gas the greenhouse gas information system system that will encourage voluntary registry established by the bill. The and registry. EPA has issued a similar reductions. I ask unanimous consent bill requires EPA a greenhouse gas reg- report for several years now, and this that the text of the bill be printed in istry, which will enable companies to provision is intended to explicitly au- the RECORD. register greenhouse gas reductions. thorize and specify the scope of that re- There being no objection, the bill was Many companies are voluntarily imple- port going forward. ordered to be printed in the RECORD, as menting projects to reduce emissions I want to add that I think that many follows: or sequester carbon. The registry of the emissions measurement chal- S. 194 would establish a place for companies lenges have been worked out or are Be it enacted by the Senate and House of Rep- to be able to put these projects on pub- being worked out now. Many advances resentatives of the United States of America in lic record in a consistent and reliable have been made in recent years, often Congress assembled, way. in a cooperative way, with industry, SECTION 1. SHORT TITLE. Taken together, these provisions of environmental groups and governments This Act may be cited as the ‘‘National the bill will accomplish several impor- at the table working towards measure- Greenhouse Gas Emissions Inventory and tant goals. First, they will create a re- ment protocols, such as the GHG Pro- Registry Act of 2003’’. liable inventory of the sources of tocol Initiative. It’s my intent that in SEC. 2. FINDINGS AND PURPOSE. greenhouse gas emissions within our developing the systems and protocols (a) FINDINGS.—Congress finds that— economy. But more importantly, these developed under this bill that EPA (1) human activities have caused rapid in- provisions will provide a powerful in- take advantage of the best practices creases in atmospheric concentrations of carbon dioxide and other greenhouse gases in centive for companies to continue to that have been and continue to be de- the last century; make voluntary greenhouse gas reduc- veloped in this fashion. (2) according to the Intergovernmental tions. The reason is that the green- I first introduced this bill in Decem- Panel on Climate Change and the National house registry will be a place where ber 2001. Since that time, I think it’s Research Council— companies can register their green- fair to say that the Bush Administra- (A) the Earth has warmed in the last cen- house gas reductions in a consistent tion has done literally nothing of con- tury; and and uniform way. This will enable com- sequence to address the climate change (B) the majority of the observed warming panies to publicly verify the actions threat. But I think that there are is attributable to human activities; many in industry who disagree with (3) despite the fact that many uncertain- they are taking to reduce their emis- ties in climate science remain, the potential sions. It also provides a place where the Bush policy. Last September 16, impacts from human-induced climate change farmers, ranchers and foresters can the Pew Center ran an ad in the Wash- pose a substantial risk that should be man- register their carbon sequestration ington Post that was signed by 40 aged in a responsible manner; and projects. They can then trade these major companies, including energy (4) to begin to manage climate change registered reductions with any compa- producers such as American Electric risks, public and private entities will need a nies that might wish to purchase them. Power, BP, Cinergy, Entergy, and Sun- comprehensive, accurate inventory, registry, This had the potential to create a new oco. In that ad, these companies stated and information system of the sources and their support for policies to ‘‘disclose quantities of United States greenhouse gas carbon market that our farmers can emissions. benefit from. major sources of greenhouse gas emis- (b) PURPOSE.—The purpose of this Act is to Prior efforts to provide ‘‘future cred- sions and recognize early action.’’ In establish a mandatory greenhouse gas inven- its’’ in a registry bill have run up addition, ExxonMobil stated in their tory, registry, and information system against a Constitutional problem in 2002 report, ‘‘Corporate Citizenship in a that— that we cannot bind future Congresses Changing World,’’ that they are ‘‘work- (1) is complete, consistent, transparent, in legislation. So the bill does not pro- ing with governments and industry as- and accurate; vide such credits, per se. But it does es- sociations to promote development of (2) will create accurate data that can be used by public and private entities to design tablish a robust and credible reporting procedures for mandatory reporting by efficient and effective greenhouse gas emis- system and registry. And if companies all businesses, so that in the future we sion reduction strategies; register their reductions in a strong can report emissions for activities we (3) will encourage greenhouse gas emission registry, they will have as much assur- operate and also those in which we reductions; and ance as we can provide them that their share ownership with others.’’ So there (4) can be used to establish a baseline in reductions will be taken into account if is a willingness on the part of many the event of any future greenhouse gas emis- a mandatory greenhouse gas emission major U.S. corporations to move to sion reduction requirements affecting major reduction program is enacted. emissions reporting. Congress needs to emitters in the United States. I believe that such a mandatory follow the leads of these companies. SEC. 3. GREENHOUSE GAS EMISSIONS. emissions reduction program will be I also want to note that I worked on The Clean Air Act (42 U.S.C. 1701 et seq.) is necessary, and I already support such a a bipartisan greenhouse gas registry amended by adding at the end the following: program, for example, Senator JEF- and reporting bill with Senator ‘‘TITLE VII—GREENHOUSE GAS EMISSIONS FORDS’ Clean Power Act. I don’t believe BROWNBACK last year. That bill passed ‘‘SEC. 701. DEFINITIONS. that a reporting and registry system the Senate by voice vote as a ‘‘In this title: such as I am proposing is a substitute Brownback-Corzine amendment to the ‘‘(1) COVERED ENTITY.—The term ‘covered entity’ means an entity that emits more for such a mandatory emissions reduc- Senate energy bill. While it did not re- than a threshold quantity of greenhouse gas tions program. But a reporting and reg- quire reporting immediately, it en- emissions. istry system is a necessary component sured robust participation in the re- ‘‘(2) DIRECT EMISSIONS.—The term ‘direct of any such program, and is a step that porting and registry system in the near emissions’ means greenhouse gas emissions Congress may be able to agree on now, future through a trigger mechanism. from a source that is owned or controlled by despite differences of opinion about And while I preferred a mandatory sys- an entity. whether mandatory emissions reduc- tem, and still do, I am primarily con- ‘‘(3) ENTITY.—The term ‘entity’ includes a tions are necessary at this time. A cerned with getting results. And the firm, a corporation, an association, a partnership, and a Federal agency. greenhouse gas reporting system and Brownback-Corzine approach had the ‘‘(4) GREENHOUSE GAS.—The term ‘green- registry is a step we ought to take now, support of the full Senate. So while I house gas’ means— because it would provide a structure still prefer a mandatory system, as this ‘‘(A) carbon dioxide; that encourages companies to make bill would create, I remain willing and ‘‘(B) methane;

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.051 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1147 ‘‘(C) nitrous oxide; ‘‘SEC. 702. NATIONAL GREENHOUSE GAS EMIS- ‘‘(i) calendar year 2003; and ‘‘(D) hydrofluorocarbons; SIONS INFORMATION SYSTEM. ‘‘(ii) each greenhouse gas emitted by the ‘‘(E) perfluorocarbons; and ‘‘(a) ESTABLISHMENT.—In consultation with covered entity in an amount that exceeds ‘‘(F) sulfur hexafluoride. the Secretary of Commerce, the Secretary of the applicable threshold quantity. ‘‘(5) GREENHOUSE GAS EMISSIONS.—The term Agriculture, the Secretary of Energy, States, ‘‘(B) REQUIRED ELEMENTS.—Each green- ‘greenhouse gas emissions’ means emissions the private sector, and nongovernmental or- house gas report submitted under subpara- of a greenhouse gas, including— ganizations concerned with establishing graph (A)— ‘‘(A) stationary combustion source emis- standards for reporting of greenhouse gas ‘‘(i) shall include estimates of direct sta- sions, which are emitted as a result of com- emissions, the Administrator shall establish tionary combustion source emissions; bustion of fuels in stationary equipment and administer a national greenhouse gas ‘‘(ii) shall express greenhouse gas emis- such as boilers, furnaces, burners, turbines, emissions information system to collect in- sions in metric tons of the carbon dioxide heaters, incinerators, engines, flares, and formation reported under section 704(a). equivalent of each greenhouse gas emitted; ‘‘(b) SUBMISSION TO CONGRESS OF DRAFT DE- other similar sources; ‘‘(iii) shall specify the sources of green- SIGN.—Not later than 180 days after the date ‘‘(B) process emissions, which consist of house gas emissions that are included in the of enactment of this title, the Administrator emissions from chemical or physical proc- greenhouse gas report; shall submit to Congress a draft design of esses other than combustion; ‘‘(iv) shall be reported on an entity-wide the national greenhouse gas emissions infor- ‘‘(C) fugitive emissions, which consist of basis and on a facility-wide basis; and mation system. intentional and unintentional emissions ‘‘(v) to the maximum extent practicable, ‘‘(c) AVAILABILITY OF DATA TO THE PUB- shall be reported electronically to the Ad- from— LIC.—The Administrator shall publish all in- ministrator in such form as the Adminis- ‘‘(i) equipment leaks such as joints, seals, formation in the national greenhouse gas trator may require. packing, and gaskets; and emissions information system through the ‘‘(C) METHOD OF REPORTING OF ENTITY-WIDE ‘‘(ii) piles, pits, cooling towers, and other website of the Environmental Protection EMISSIONS.—Under subparagraph (B)(iv), en- similar sources; and Agency, except in any case in which pub- tity-wide emissions shall be reported on the ‘‘(D) mobile source emissions, which are lishing the information would reveal a trade bases of financial control and equity share in emitted as a result of combustion of fuels in secret or disclose information vital to na- a manner consistent with the financial re- transportation equipment such as auto- tional security. porting practices of the covered entity. mobiles, trucks, trains, airplanes, and ves- ‘‘(d) RELATIONSHIP TO OTHER GREENHOUSE ‘‘(2) FINAL REPORTING REQUIREMENTS.— sels. GAS REGISTRIES.—To the extent practicable, ‘‘(A) IN GENERAL.—Not later than April 30, ‘‘(6) GREENHOUSE GAS EMISSIONS RECORD.— the Administrator shall ensure coordination 2005, and each April 30 thereafter (except as The term ‘greenhouse gas emissions record’ between the national greenhouse gas emis- provided in subparagraph (B)(vii)), in accord- means all of the historical greenhouse gas sions information system and existing and ance with this paragraph and the regulations emissions and project reduction data sub- developing Federal, regional, and State promulgated under section 706(e)(2), each mitted by an entity under this title, includ- greenhouse gas registries. covered entity shall submit to the Adminis- ing any adjustments to such data under sec- ‘‘(e) INTEGRATION WITH OTHER ENVIRON- trator the greenhouse gas report of the cov- tion 704(c). MENTAL INFORMATION.—To the extent prac- ered entity with respect to— ‘‘(7) GREENHOUSE GAS REPORT.—The term ticable, the Administrator shall integrate in- ‘‘(i) the preceding calendar year; and ‘greenhouse gas report’ means an annual list formation in the national greenhouse gas ‘‘(ii) each greenhouse gas emitted by the of the greenhouse gas emissions of an entity emissions information system with other en- covered entity in an amount that exceeds and the sources of those emissions. vironmental information managed by the the applicable threshold quantity. ‘‘(8) INDIRECT EMISSIONS.—The term ‘indi- Administrator. ‘‘(B) REQUIRED ELEMENTS.—Each green- rect emissions’ means greenhouse gas emis- ‘‘SEC. 703. NATIONAL GREENHOUSE GAS REG- house gas report submitted under subpara- sions that are a consequence of the activities ISTRY. graph (A) shall include— of an entity but that are emitted from ‘‘(a) ESTABLISHMENT.—In consultation with ‘‘(i) the required elements specified in sources owned or controlled by another enti- the Secretary of Commerce, the Secretary of paragraph (1); ty. Agriculture, the Secretary of Energy, States, ‘‘(ii) estimates of indirect emissions from ‘‘(9) NATIONAL GREENHOUSE GAS EMISSIONS the private sector, and nongovernmental or- imported electricity, heat, and steam; INFORMATION SYSTEM.—The term ‘national ganizations concerned with establishing ‘‘(iii) estimates of process emissions de- greenhouse gas emissions information sys- standards for reporting of greenhouse gas scribed in section 701(5)(B); tem’ means the information system estab- emissions, the Administrator shall establish ‘‘(iv) estimates of fugitive emissions de- lished under section 702(a). and administer a national greenhouse gas scribed in section 701(5)(C); ‘‘(10) NATIONAL GREENHOUSE GAS EMISSIONS registry to collect information reported ‘‘(v) estimates of mobile source emissions INVENTORY.—The term ‘national greenhouse under section 704(b). described in section 701(5)(D), in such form as gas emissions inventory’ means the national ‘‘(b) AVAILABILITY OF DATA TO THE PUB- the Administrator may require; inventory of greenhouse gas emissions estab- LIC.—The Administrator shall publish all in- ‘‘(vi) in the case of a covered entity that is lished under section 705. formation in the national greenhouse gas a forest product entity, estimates of direct ‘‘(11) NATIONAL GREENHOUSE GAS REG- registry through the website of the Environ- stationary source emissions, including emis- ISTRY.—The term ‘national greenhouse gas mental Protection Agency, except in any sions resulting from combustion of biomass; registry’ means the national greenhouse gas case in which publishing the information ‘‘(vii) in the case of a covered entity that registry established under section 703(a). would reveal a trade secret or disclose infor- owns more than 250,000 acres of timberland, ‘‘(12) PROJECT REDUCTION.—The term mation vital to national security. estimates, by State, of the timber and car- ‘project reduction’ means— ‘‘(c) RELATIONSHIP TO OTHER GREENHOUSE bon stocks of the covered entity, which esti- ‘‘(A) a greenhouse gas emission reduction GAS REGISTRIES.—To the maximum extent mates shall be updated every 5 years; and achieved by carrying out a greenhouse gas feasible and practicable, the Administrator ‘‘(viii) a description of any adjustments to emission reduction project; and shall ensure coordination between the na- the greenhouse gas emissions record of the ‘‘(B) sequestration achieved by carrying tional greenhouse gas registry and existing covered entity under subsection (c). out a sequestration project. and developing Federal, regional, and State ‘‘(3) ESTABLISHMENT OF THRESHOLD QUAN- ‘‘(13) REPORTING ENTITY.—The term ‘report- greenhouse gas registries. TITIES.—For the purpose of reporting under ing entity’ means an entity that reports to ‘‘(d) INTEGRATION WITH OTHER ENVIRON- this subsection, the Administrator shall es- the Administrator under subsection (a) or (b) MENTAL INFORMATION.—To the maximum ex- tablish threshold quantities of emissions for of section 704. tent practicable, the Administrator shall in- each combination of a source and a green- ‘‘(14) SEQUESTRATION.—The term ‘seques- tegrate all information in the national house gas that is subject to the mandatory tration’ means the long-term separation, iso- greenhouse gas registry with other environ- reporting requirements under this sub- lation, or removal of greenhouse gases from mental information collected by the Admin- section. the atmosphere, including through a biologi- istrator. ‘‘(b) VOLUNTARY REPORTING TO NATIONAL cal or geologic method such as reforestation ‘‘SEC. 704. REPORTING. GREENHOUSE GAS REGISTRY.— or an underground reservoir. ‘‘(a) MANDATORY REPORTING TO NATIONAL ‘‘(1) IN GENERAL.—Not later than April 30, ‘‘(15) THRESHOLD QUANTITY.—The term GREENHOUSE GAS EMISSIONS INFORMATION 2004, and each April 30 thereafter, in accord- ‘threshold quantity’ means a threshold quan- SYSTEM.— ance with this subsection and the regula- tity for mandatory greenhouse gas reporting ‘‘(1) INITIAL REPORTING REQUIREMENTS.— tions promulgated under section 706(f), an established by the Administrator under sec- ‘‘(A) IN GENERAL.—Not later than April 30, entity may voluntarily report to the Admin- tion 704(a)(3). 2004, in accordance with this paragraph and istrator, for inclusion in the national green- ‘‘(16) VERIFICATION.—The term the regulations promulgated under section house gas registry, with respect to the pre- ‘verification’ means the objective and inde- 706(e)(1), each covered entity shall submit to ceding calendar year and any greenhouse gas pendent assessment of whether a greenhouse the Administrator, for inclusion in the na- emitted by the entity— gas report submitted by a reporting entity tional greenhouse gas emissions information ‘‘(A) project reductions; accurately reflects the greenhouse gas im- system, the greenhouse gas report of the cov- ‘‘(B) transfers of project reductions to and pact of the reporting entity. ered entity with respect to— from any other entity;

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.047 S17PT1 S1148 CONGRESSIONAL RECORD — SENATE January 17, 2003 ‘‘(C) project reductions and transfers of ‘‘(C) greenhouse gas accounting and report- tablish the national greenhouse gas emis- project reductions outside the United States; ing standards. sions information system. ‘‘(D) indirect emissions that are not re- ‘‘(2) BEST PRACTICES.—The protocols and ‘‘(d) NATIONAL GREENHOUSE GAS REG- quired to be reported under subsection methods developed under paragraph (1) shall ISTRY.—Not later than January 31, 2004, the (a)(2)(B)(ii) (such as product transport, waste conform, to the maximum extent prac- Administrator shall promulgate such regula- disposal, product substitution, travel, and ticable, to the best practice protocols that tions as are necessary to establish the na- employee commuting); and have the greatest support of experts in the tional greenhouse gas registry. ‘‘(E) product use phase emissions. field. ‘‘(e) MANDATORY REPORTING REQUIRE- ‘‘(2) TYPES OF ACTIVITIES.—Under para- ‘‘(3) INCORPORATION INTO REGULATIONS.— MENTS.— graph (1), an entity may report activities The Administrator shall incorporate the pro- ‘‘(1) INITIAL REPORTING REQUIREMENTS.— that reduce greenhouse gas emissions or se- tocols developed under paragraph (1)(A) into Not later than January 31, 2004, the Adminis- quester a greenhouse gas, including— the regulations promulgated under section trator shall promulgate such regulations as ‘‘(A) fuel switching; 706. are necessary to implement the initial man- ‘‘(B) energy efficiency improvements; ‘‘(4) OUTREACH PROGRAM.—The Adminis- datory reporting requirements under section ‘‘(C) use of renewable energy; trator, the Secretary of Commerce, the Sec- 704(a)(1). ‘‘(D) use of combined heat and power sys- retary of Agriculture, and the Secretary of ‘‘(2) FINAL REPORTING REQUIREMENTS.—Not tems; Energy shall jointly conduct an outreach later than January 31, 2005, the Adminis- ‘‘(E) management of cropland, grassland, program to provide information to all re- trator shall promulgate such regulations as and grazing land; porting entities and the public on the proto- are necessary to implement the final manda- ‘‘(F) forestry activities that increase car- cols and methods developed under this sub- tory reporting requirements under section bon stocks; section. 704(a)(2). ‘‘(G) carbon capture and storage; ‘‘(e) VERIFICATION.— ‘‘(f) VOLUNTARY REPORTING PROVISIONS.— ‘‘(H) methane recovery; and ‘‘(1) PROVISION OF INFORMATION BY REPORT- Not later than January 31, 2004, the Adminis- ‘‘(I) carbon offset investments. ING ENTITIES.—Each reporting entity shall trator shall promulgate such regulations and DJUSTMENT FACTORS.— provide information sufficient for the Ad- ‘‘(c) A issue such guidance as are necessary to im- ‘‘(1) IN GENERAL.—Each reporting entity ministrator to verify, in accordance with plement the voluntary reporting provisions shall adjust the greenhouse gas emissions greenhouse gas accounting and reporting under section 704(b). record of the reporting entity in accordance standards developed under subsection with this subsection. (d)(1)(C), that the greenhouse gas report of ‘‘(g) ADJUSTMENT FACTORS.—Not later than January 31, 2004, the Administrator shall ‘‘(2) SIGNIFICANT STRUCTURAL CHANGES.— the reporting entity— promulgate such regulations as are nec- ‘‘(A) IN GENERAL.—A reporting entity that ‘‘(A) has been accurately reported; and experiences a significant structural change ‘‘(B) in the case of each project reduction, essary to implement the adjustment factors in the organization of the reporting entity represents actual reductions in greenhouse under section 704(c).’’. (such as a merger, major acquisition, or di- gas emissions or actual increases in net se- vestiture) shall adjust its greenhouse gas questration, as applicable. By Mr. CHAFEE (for himself, Mr. emissions record for preceding years so as to ‘‘(2) INDEPENDENT THIRD-PARTY INHOFE, Mr. JEFFORDS, Mr. CAR- maintain year-to-year comparability. VERIFICATION.—A reporting entity may— PER, and Mr. WARNER. ‘‘(B) MID-YEAR CHANGES.—In the case of a ‘‘(A) obtain independent third-party verification; and S. 195. A bill to amend the Solid reporting entity that experiences a signifi- Waste Disposal Act to bring under- cant structural change described in subpara- ‘‘(B) present the results of the third-party graph (A) during the middle of a year, the verification to the Administrator for consid- ground storage tanks into compliance greenhouse gas emissions record of the re- eration by the Administrator in carrying out with subtitle I of that Act, to promote porting entity for preceding years shall be paragraph (1). cleanup of leaking underground storage adjusted on a pro-rata basis. ‘‘(f) ENFORCEMENT.—The Administrator tanks, to provide sufficient resources ‘‘(3) CALCULATION CHANGES AND ERRORS.— may bring a civil action in United States dis- for such compliance and cleanup, and The greenhouse gas emissions record of a re- trict court against a covered entity that for other purposes; to the Committee fails to comply with subsection (a), or a reg- porting entity for preceding years shall be on Environment and Public Works. adjusted for— ulation promulgated under section 706(e), to ‘‘(A) changes in calculation methodologies; impose a civil penalty of not more than Mr. CHAFEE. Mr. President, today I or $25,000 for each day that the failure to com- am introducing the Underground Stor- ‘‘(B) errors that significantly affect the ply continues. age Tank Compliance Act of 2003. While quantity of greenhouse gases in the green- ‘‘SEC. 705. NATIONAL GREENHOUSE GAS EMIS- this bill is being introduced today, it house gas emissions record. SIONS INVENTORY. already has a long history. The Super- ‘‘(4) ORGANIZATIONAL GROWTH OR DECLINE.— ‘‘Not later than April 30, 2004, and each fund Subcommittee conducted two The greenhouse gas emissions record of a re- April 30 thereafter, the Administrator shall hearings on the bill last year. We have porting entity for preceding years shall not publish a national greenhouse gas emissions be adjusted for any organizational growth or inventory that includes— received solid testimony and input decline of the reporting entity such as— ‘‘(1) comprehensive estimates of the quan- from interested parties throughout this ‘‘(A) an increase or decrease in production tity of United States greenhouse gas emis- process, and I believe that this measure output; sions for the second preceding calendar year, goes a long way toward solving the ‘‘(B) a change in product mix; including— problems we face with leaking under- ‘‘(C) a plant closure; and ‘‘(A) for each greenhouse gas, an estimate ground storage tanks. In addition, the ‘‘(D) the opening of a new plant. of the quantity of emissions contributed by language in this bill was approved ‘‘(5) EXPLANATIONS OF ADJUSTMENTS.—A re- each key source category; unanimously by the Environment and porting entity shall explain, in a statement ‘‘(B) a detailed analysis of trends in the included in the greenhouse gas report of the quantity, composition, and sources of United Public Works Committee in the 107th reporting entity for a year— States greenhouse gas emissions; and Congress. ‘‘(A) any significant adjustment in the ‘‘(C) a detailed explanation of the method- The chief reason for pursuing this greenhouse gas emissions record of the re- ology used in developing the national green- legislation today is to improve compli- porting entity; and house gas emissions inventory; and ance with the December 22, 1998 dead- ‘‘(B) any significant change between the ‘‘(2) a detailed analysis of the information line for tank owners and operators to reported to the national greenhouse gas greenhouse gas emissions record for the pre- upgrade, replace, or close tanks that ceding year and the greenhouse gas emis- emissions information system and the na- sions reported for the current year. tional greenhouse gas registry. didn’t meet minimum Federal require- ‘‘(d) QUANTIFICATION AND VERIFICATION ‘‘SEC. 706. REGULATIONS. ments. To assess the situation, I asked PROTOCOLS AND TOOLS.— ‘‘(a) IN GENERAL.—The Administrator may the U.S. General Accounting Office in ‘‘(1) IN GENERAL.—The Administrator and promulgate such regulations as are nec- April, 2000 to examine compliance of the Secretary of Commerce, the Secretary of essary to carry out this title. tanks with Federal requirements. GAO Agriculture, and the Secretary of Energy ‘‘(b) BEST PRACTICES.—In developing regu- concluded in May, 2001 that approxi- shall jointly work with the States, the pri- lations under this section, the Administrator mately 76,000 tanks have never been vate sector, and nongovernmental organiza- shall seek to leverage leading protocols for upgraded to meet minimum Federal tions to develop— the measurement, accounting, reporting, and standards. In addition, GAO found that ‘‘(A) protocols for quantification and verification of greenhouse gas emissions. verification of greenhouse gas emissions; ‘‘(c) NATIONAL GREENHOUSE GAS EMISSIONS more than 200,000 tanks are not being ‘‘(B) electronic methods for quantification INFORMATION SYSTEM.—Not later than Janu- operated and maintained properly due, and reporting of greenhouse gas emissions; ary 31, 2004, the Administrator shall promul- in part, to infrequent tank inspections and gate such regulations as are necessary to es- and limited funding.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.047 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1149 Leaking tanks can have severe im- directly related to corrective action and ‘‘(B) is enforcing a State program approved pacts on local communities. For exam- compensation programs under subsection under this section. ple, the village of Pascoag, Rhode Is- (c)(1); ‘‘(4) COST RECOVERY PROHIBITION.—Funds land learned the hard way that the ‘‘(iii) any corrective action and compensa- from the Trust Fund provided by States to tion program carried out under subsection owners or operators under paragraph problems GAO outlined are real and (c)(1) for a release from an underground stor- (1)(A)(iii) shall not be subject to cost recov- have serious consequences. Twelve age tank regulated under this subtitle to the ery by the Administrator under section hundred households were without extent that, as determined by the State in 9003(h)(6).’’. water with which to drink, bathe, or accordance with guidelines developed jointly SEC. 3. INSPECTION OF UNDERGROUND STOR- cook for over four months because by the Administrator and the State, the fi- AGE TANKS. MTBE contaminated fuel from a local nancial resources of the owner or operator of Section 9005 of the Solid Waste Disposal gasoline station was leaking into the the underground storage tank (including re- Act (42 U.S.C. 6991d) is amended— (1) by redesignating subsections (a) and (b) town’s drinking water supply. sources provided by a program in accordance with subsection (c)(1)) are not adequate to as subsections (b) and (c), respectively; and I believe the Underground Storage pay the cost of a corrective action without (2) by inserting before subsection (b) (as re- Tank Compliance Act of 2003 will assist significantly impairing the ability of the designated by paragraph (1)) the following: communities that are grappling with owner or operator to continue in business; ‘‘(a) INSPECTION REQUIREMENTS.—Not later these problems and will prevent such ‘‘(iv) enforcement by the State or a local than 2 years after the date of enactment of problems from recurring. The high cost government of State or local regulations per- the Underground Storage Tank Compliance of clean-up once a tank has leaked, de- taining to underground storage tanks regu- Act of 2003, and at least once every 2 years mands the emphasis on prevention in- lated under this subtitle; or thereafter, the Administrator or a State with a program approved under section 9004, cluded in this legislation. The bill re- ‘‘(v) State or local corrective actions carried out under regulations promulgated as appropriate, shall require that all under- quires the inspection of all under- under section 9003(c)(4). ground storage tanks regulated under this ground storage tanks every two years ‘‘(B) USE OF FUNDS FOR ENFORCEMENT.—In subtitle undergo onsite inspections for com- and for the first time focuses on the addition to the uses of funds authorized pliance with regulations promulgated under training of tank operators. It simply under subparagraph (A), the Administrator section 9003(c).’’. does not make sense to install modern, may use funds from the Trust Fund that are SEC. 4. OPERATOR TRAINING. protective equipment if the people who not distributed to States under subparagraph Subtitle I of the Solid Waste Disposal Act (A) for enforcement of any regulation pro- (42 U.S.C. 6991 et seq.) is amended by striking operate them do not have the proper section 9010 and inserting the following: training. The bill also provides the mulgated by the Administrator under this subtitle. ‘‘SEC. 9010. OPERATOR TRAINING. Federal Government and States with ‘‘(C) PROHIBITED USES.—Except as provided ‘‘(a) GUIDELINES.— the tools necessary to ensure that all in subparagraph (A)(iii), under any similar ‘‘(1) IN GENERAL.—Not later than 2 years parties are meeting Federal standards. requirement of a State program approved after the date of enactment of the Under- In addition, the legislation emphasizes under this section, or in any similar State or ground Storage Tank Compliance Act of 2003, compliance of tanks owned by Federal, local provision as determined by the Admin- in cooperation with States, owners, and op- State, and local governments, and pro- istrator, funds provided to a State by the Ad- erators, the Administrator shall publish in the Federal Register, after public notice and vides $125 million per year for cleanup ministrator under subparagraph (A) shall not be used by the State to provide financial as- opportunity for comment, guidelines that of sites contaminated by MTBE. sistance to an owner or operator to meet any specify methods for training operators of un- This bill enjoys broad support, in- requirement relating to underground storage derground storage tanks. cluding the support of the regulated tanks under part 280 of title 40, Code of Fed- ‘‘(2) CONSIDERATIONS.—The guidelines de- community and the environmental eral Regulations (as in effect on the date of scribed in paragraph (1) shall take into ac- community. We have worked exten- enactment of this subsection). count— sively with the Administration to ad- ‘‘(2) ALLOCATION.— ‘‘(A) State training programs in existence dress issues raised by the Environ- ‘‘(A) PROCESS.—Subject to subparagraph as of the date of publication of the guide- mental Protection Agency. I believe (B), in the case of a State with which the Ad- lines; ministrator has entered into a cooperative ‘‘(B) training programs that are being em- that this legislation goes a long way agreement under section 9003(h)(7)(A), the ployed by owners and operators as of the toward solving many of the problems Administrator shall distribute funds from date of enactment of this paragraph; relating to leaking tanks, and I thank the Trust Fund to the State using the alloca- ‘‘(C) the high turnover rate of operators; all of my colleagues for working with tion process developed by the Administrator. ‘‘(D) the frequency of improvement in un- me on this. ‘‘(B) REVISIONS TO PROCESS.—The Adminis- derground storage tank equipment tech- Mr. President, I ask unanimous con- trator may revise the allocation process re- nology; sent that the text of the bill be printed ferred to in subparagraph (A) with respect to ‘‘(E) the nature of the businesses in which a State only after— in the RECORD. the operators are engaged; and There being no objection, the bill was ‘‘(i) consulting with— ‘‘(F) such other factors as the Adminis- ‘‘(I) State agencies responsible for over- trator determines to be necessary to carry ordered to be printed in the RECORD, as seeing corrective action for releases from un- out this section. follows: derground storage tanks; ‘‘(b) STATE PROGRAMS.— S. 195 ‘‘(II) owners; and ‘‘(1) IN GENERAL.—Not later than 2 years Be it enacted by the Senate and House of Rep- ‘‘(III) operators; and after the date on which the Administrator resentatives of the United States of America in ‘‘(ii) taking into consideration, at a min- publishes the guidelines under subsection Congress assembled, imum— (a)(1), each State shall develop and imple- SECTION 1. SHORT TITLE. ‘‘(I) the total tax revenue contributed to ment a strategy for the training of operators This Act may be cited as the ‘‘Under- the Trust Fund from all sources within the of underground storage tanks that is con- ground Storage Tank Compliance Act of State; sistent with paragraph (2). 2003’’. ‘‘(II) the number of confirmed releases ‘‘(2) REQUIREMENTS.—A State strategy de- SEC. 2. LEAKING UNDERGROUND STORAGE from federally regulated underground stor- scribed in paragraph (1) shall— TANKS. age tanks in the State; ‘‘(A) be consistent with subsection (a); Section 9004 of the Solid Waste Disposal ‘‘(III) the number of federally regulated un- ‘‘(B) be developed in cooperation with own- Act (42 U.S.C. 6991c) is amended by adding at derground storage tanks in the State; ers and operators; and the end the following: ‘‘(IV) the percentage of the population of ‘‘(C) take into consideration training pro- ‘‘(f) TRUST FUND DISTRIBUTION.— the State that uses groundwater for any ben- grams implemented by owners and operators ‘‘(1) IN GENERAL.— eficial purpose; as of the date of enactment of this sub- ‘‘(A) AMOUNT AND PERMITTED USES OF DIS- ‘‘(V) the performance of the State in im- section. TRIBUTION.—The Administrator shall dis- plementing and enforcing the program; ‘‘(3) FINANCIAL INCENTIVE.—The Adminis- tribute to States not less than 80 percent of ‘‘(VI) the financial needs of the State; and trator may award to a State that develops the funds from the Trust Fund that are made ‘‘(VII) the ability of the State to use the and implements a strategy described in para- available to the Administrator under section funds referred to in subparagraph (A) in any graph (1), in addition to any funds that the 9014(2)(A) for each fiscal year for use in pay- year. State is entitled to receive under this sub- ing the reasonable costs, incurred under a ‘‘(3) DISTRIBUTIONS TO STATE AGENCIES.— title, not more than $50,000, to be used to cooperative agreement with any State, of— Distributions from the Trust Fund under carry out the strategy.’’. ‘‘(i) actions taken by the State under sec- this subsection shall be made directly to a SEC. 5. REMEDIATION OF MTBE CONTAMINA- tion 9003(h)(7)(A); State agency that— TION. ‘‘(ii) necessary administrative expenses, as ‘‘(A) enters into a cooperative agreement Section 9003(h) of the Solid Waste Disposal determined by the Administrator, that are referred to in paragraph (2)(A); or Act (42 U.S.C. 6991b(h)) is amended—

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.048 S17PT1 S1150 CONGRESSIONAL RECORD — SENATE January 17, 2003 (1) in paragraph (7)(A)— title, not more than $50,000, to be used to ceives Federal funds to carry out this sub- (A) by striking ‘‘paragraphs (1) and (2) of carry out the implementation report. title to maintain, update at least annually, this subsection’’ and inserting ‘‘paragraphs ‘‘(3) NOT A SAFE HARBOR.—This subsection and make available to the public, in such (1), (2), and (12)’’; and does not relieve any person from any obliga- manner and form as the Administrator shall (B) by striking ‘‘, and including the au- tion or requirement under this subtitle.’’. prescribe (after consultation with States and thorities of paragraphs (4), (6), and (8) of this (c) INCENTIVES FOR PERFORMANCE.—Section Indian tribes), a record of underground stor- subsection’’ and inserting ‘‘and the author- 9006 of the Solid Waste Disposal Act (42 age tanks regulated under this subtitle. ity under sections 9005(a) and 9011 and para- U.S.C. 6991e) is amended by adding at the end ‘‘(2) CONSIDERATIONS.—To the maximum graphs (4), (6), and (8),’’; and the following: extent practicable, the public record of a (2) by adding at the end the following: ‘‘(e) INCENTIVES FOR PERFORMANCE.—In de- State or Indian tribe, respectively, shall in- ‘‘(12) REMEDIATION OF MTBE CONTAMINA- termining the terms of a compliance order clude, for each year— TION.— under subsection (a), or the amount of a civil ‘‘(A) the number, sources, and causes of un- ‘‘(A) IN GENERAL.—The Administrator and penalty under subsection (d), the Adminis- derground storage tank releases in the State the States may use funds made available trator, or a State under a program approved or tribal area; under section 9014(2)(B) to carry out correc- under section 9004, may take into consider- ‘‘(B) the record of compliance by under- tive actions with respect to a release of ation whether an owner or operator— ground storage tanks in the State or tribal methyl tertiary butyl ether that presents a ‘‘(1) has a history of operating underground area with— threat to human health or welfare or the en- storage tanks of the owner or operator in ac- ‘‘(i) this subtitle; or vironment. cordance with— ‘‘(ii) an applicable State program approved ‘‘(B) APPLICABLE AUTHORITY.—The Admin- ‘‘(A) this subtitle; or under section 9004; and istrator or a State shall carry out subpara- ‘‘(B) a State program approved under sec- ‘‘(C) data on the number of underground graph (A)— tion 9004; storage tank equipment failures in the State ‘‘(i) in accordance with paragraph (2), ex- ‘‘(2) has repeatedly violated— or tribal area. cept that a release with respect to which a ‘‘(A) this subtitle; or ‘‘(3) AVAILABILITY.—The Administrator corrective action is carried out under sub- ‘‘(B) a State program approved under sec- shall make the public record of each State paragraph (A) shall not be required to be tion 9004; or and Indian tribe under this section available from an underground storage tank; and ‘‘(3) has implemented a program, con- to the public electronically.’’. sistent with guidelines published under sec- ‘‘(ii) in the case of a State, in accordance SEC. 7. FEDERAL FACILITIES. tion 9010, that provides training to persons with a cooperative agreement entered into Section 9007 of the Solid Waste Disposal responsible for operating any underground by the Administrator and the State under Act (42 U.S.C. 6991f) is amended by adding at storage tank of the owner or operator.’’. paragraph (7).’’. the end the following: (d) AUTHORITY TO PROHIBIT CERTAIN DELIV- SEC. 6. RELEASE PREVENTION, COMPLIANCE, ‘‘(c) REVIEW OF, AND REPORT ON, FEDERAL ERIES.—Section 9006 of the Solid Waste Dis- AND ENFORCEMENT. posal Act (42 U.S.C. 6991e) (as amended by UNDERGROUND STORAGE TANKS.— (a) RELEASE PREVENTION AND COMPLI- subsection (c)) is amended by adding at the ‘‘(1) REVIEW.—Not later than 1 year after ANCE.—Subtitle I of the Solid Waste Disposal end the following: the date of enactment of this subsection, the Act (42 U.S.C. 6991 et seq.) (as amended by ‘‘(f) AUTHORITY TO PROHIBIT CERTAIN DE- Administrator, in cooperation with each section 4) is amended by adding at the end LIVERIES.— Federal agency that owns or operates 1 or the following: ‘‘(1) IN GENERAL.—Subject to paragraph (2), more underground storage tanks or that ‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PRE- beginning 180 days after the date of enact- manages land on which 1 or more under- VENTION AND COMPLIANCE. ment of this subsection, the Administrator ground storage tanks are located, shall re- ‘‘Funds made available under section or a State may prohibit the delivery of regu- view the status of compliance of those under- 9014(2)(D) from the Trust Fund may be used lated substances to underground storage ground storage tanks with this subtitle. to conduct inspections, issue orders, or bring tanks that are not in compliance with— ‘‘(2) IMPLEMENTATION REPORT.— actions under this subtitle— ‘‘(A) a requirement or standard promul- ‘‘(A) IN GENERAL.—Not later than 2 years ‘‘(1) by a State, in accordance with a grant gated by the Administrator under section after the date of enactment of this sub- or cooperative agreement with the Adminis- 9003; or section, each Federal agency described in trator, of State regulations pertaining to un- ‘‘(B) a requirement or standard of a State paragraph (1) shall submit to the Adminis- derground storage tanks regulated under program approved under section 9004. trator and to each State in which an under- this subtitle; and ‘‘(2) LIMITATIONS.— ground storage tank described in paragraph ‘‘(2) by the Administrator, under this sub- ‘‘(A) SPECIFIED GEOGRAPHIC AREAS.—Sub- (1) is located an implementation report title (including under a State program ap- ject to subparagraph (B), under paragraph that— proved under section 9004).’’. (1), the Administrator or a State shall not ‘‘(i) lists each underground storage tank (b) GOVERNMENT-OWNED TANKS.—Section prohibit a delivery if the prohibition would described in paragraph (1) that, as of the 9003 of the Solid Waste Disposal Act (42 jeopardize the availability of, or access to, date of submission of the report, is not in U.S.C. 6991b) is amended by adding at the end fuel in any specified geographic area. compliance with this subtitle; and the following: ‘‘(B) APPLICABILITY OF LIMITATION.—The ‘‘(ii) describes the actions that have been ‘‘(i) GOVERNMENT-OWNED TANKS.— limitation under subparagraph (A) shall and will be taken to ensure compliance by ‘‘(1) IMPLEMENTATION REPORT.— apply only during the 180-day period fol- the underground storage tank with this sub- ‘‘(A) IN GENERAL.—Not later than 2 years lowing the date of a determination by the title. after the date of enactment of this sub- Administrator that exercising the authority ‘‘(B) PUBLIC AVAILABILITY.—The Adminis- section, each State shall submit to the Ad- of paragraph (1) is limited by subparagraph trator shall make each report received under ministrator an implementation report that— (A). subparagraph (A) available to the public on ‘‘(i) lists each underground storage tank ‘‘(C) GUIDELINES.—Not later than 18 the Internet. described in subparagraph (B) in the State months after the date of enactment of this ‘‘(3) NOT A SAFE HARBOR.—This subsection that, as of the date of submission of the re- subsection, the Administrator shall issue does not relieve any person from any obliga- port, is not in compliance with this subtitle; guidelines that define the term ‘specified ge- tion or requirement under this subtitle. and ographic area’ for the purpose of subpara- ‘‘(d) APPLICABILITY OF CERTAIN REQUIRE- ‘‘(ii) describes the actions that have been graph (A). MENTS.—Section 6001(a) shall apply to each and will be taken to ensure compliance by ‘‘(3) AUTHORITY TO ISSUE GUIDELINES.—Sub- department, agency, and instrumentality the underground storage tank listed under ject to paragraph (2)(C), the Administrator, covered by subsection (a).’’. clause (i) with this subtitle. after consultation with States, may issue SEC. 8. TANKS UNDER THE JURISDICTION OF IN- ‘‘(B) UNDERGROUND STORAGE TANK.—An un- guidelines for carrying out this subsection. DIAN TRIBES. derground storage tank described in this sub- ‘‘(4) ENFORCEMENT, COMPLIANCE, AND PEN- Subtitle I of the Solid Waste Disposal Act paragraph is an underground storage tank ALTIES.—The Administrator may use the au- (42 U.S.C. 6991 et seq.) (as amended by sec- that is— thority under the enforcement, compliance, tion 6(a)) is amended by adding at the end ‘‘(i) regulated under this subtitle; and or penalty provisions of this subtitle to the following: ‘‘(ii) owned or operated by the State gov- carry out this subsection. ‘‘SEC. 9012. TANKS UNDER THE JURISDICTION OF ernment or any local government. ‘‘(5) EFFECT ON STATE AUTHORITY.—Nothing INDIAN TRIBES. ‘‘(C) PUBLIC AVAILABILITY.—The Adminis- in this subsection affects the authority of a ‘‘(a) IN GENERAL.—The Administrator, in trator shall make each report received under State to prohibit the delivery of a regulated coordination with Indian tribes, shall— subparagraph (A) available to the public on substance to an underground storage tank.’’. ‘‘(1) not later than 1 year after the date of the Internet. (e) PUBLIC RECORD.—Section 9002 of the enactment of this section, develop and im- ‘‘(2) FINANCIAL INCENTIVE.—The Adminis- Solid Waste Disposal Act (42 U.S.C. 6991a) is plement a strategy— trator may award to a State that develops an amended by adding at the end the following: ‘‘(A) giving priority to releases that implementation report described in para- ‘‘(d) PUBLIC RECORD.— present the greatest threat to human health graph (1), in addition to any funds that the ‘‘(1) IN GENERAL.—The Administrator shall or the environment, to take necessary cor- State is entitled to receive under this sub- require each State and Indian tribe that re- rective action in response to releases from

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.055 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1151 leaking underground storage tanks located ‘‘(1) INDIAN TRIBE.— By Mr. ALLEN (for himself, Mr. wholly within the boundaries of— ‘‘(A) IN GENERAL.—The term ‘Indian tribe’ MCCAIN, Mr. STEVENS, Mr. HOL- ‘‘(i) an Indian reservation; or means any Indian tribe, band, nation, or LINGS, and Mr. MILLER): ‘‘(ii) any other area under the jurisdiction other organized group or community that is S. 196. A bill to establish a digital of an Indian tribe; and recognized as being eligible for special pro- and wireless network technology pro- ‘‘(B) to implement and enforce require- grams and services provided by the United ments concerning underground storage tanks States to Indians because of their status as gram, and for other purposes; to the located wholly within the boundaries of— Indians. Committee on Commerce, Science, and ‘‘(i) an Indian reservation; or ‘‘(B) INCLUSIONS.—The term ‘Indian tribe’ Transportation. ‘‘(ii) any other area under the jurisdiction includes an Alaska Native village, as defined Mr. ALLEN. Mr. President, today I of an Indian tribe; in or established under the Alaska Native rise with my colleagues—Senators ‘‘(2) not later than 2 years after the date of Claims Settlement Act (43 U.S.C. 1601 et MCCAIN, STEVENS, HOLLINGS and MIL- enactment of this section and every 2 years seq.).’’; and LER to introduce the Digital & Wireless thereafter, submit to Congress a report that (4) by inserting after paragraph (8) (as re- Network Technology Program Act of summarizes the status of implementation designated by paragraph (2)) the following: 2003. and enforcement of the underground storage ‘‘(9) TRUST FUND.—The term ‘Trust Fund’ Access to the Internet is no longer a tank program in areas located wholly with- means the Leaking Underground Storage luxury, but a necessity. Because of the in— Tank Trust Fund established by section 9508 ‘‘(A) the boundaries of Indian reservations; of the Internal Revenue Code of 1986.’’. rapid advancement and growing de- pendence on technology, being and (b) CONFORMING AMENDMENTS.— ‘‘(B) any other areas under the jurisdiction (1) Section 1001 of the Solid Waste Disposal digitally connected becomes more es- of an Indian tribe; and Act (42 U.S.C. prec. 6901) is amended in the sential to economic and educational ‘‘(3) make the report described in para- table of contents— advancement. 60 percent of all jobs re- graph (2) available to the public on the Inter- (A) in the item relating to section 9002, by quire information technology skills net. inserting ‘‘and public records’’ after ‘‘Notifi- and jobs in information technology pay ‘‘(b) NOT A SAFE HARBOR.—This section cation’’; and significantly higher salaries than jobs does not relieve any person from any obliga- (B) by striking the item relating to section in non-information technology fields. tion or requirement under this subtitle. 9010 and inserting the following: ‘‘(c) STATE AUTHORITY.—Nothing in this People who lack access to information section applies to any underground storage ‘‘Sec. 9010. Operator training. technology tools are at an increasing tank that is located in an area under the ju- ‘‘Sec. 9011. Use of funds for release preven- disadvantage. Consequently, it is im- risdiction of a State, or that is subject to tion and compliance. portant that all institutions of higher regulation by a State, as of the date of en- ‘‘Sec. 9012. Tanks under the jurisdiction of education provide their students with actment of this section.’’. Indian tribes. access to the most current information SEC. 9. STATE AUTHORITY. ‘‘Sec. 9013. State authority. technology and digital equipment. Subtitle I of the Solid Waste Disposal Act ‘‘Sec. 9014. Authorization of appropria- As Governor of Virginia, I imple- (42 U.S.C. 6991 et seq.) (as amended by sections.’’. mented a technology plan that created tion 8) is amended by adding at the end the (2) Section 9002 of the Solid Waste Disposal a blueprint of technology resources following: Act (42 U.S.C. 6991a) is amended in the sec- ‘‘SEC. 9013. STATE AUTHORITY. throughout the Virginia Community tion heading by inserting ‘‘AND PUBLIC College System, VCCS. All 38 commu- ‘‘Nothing in this subtitle precludes a State RECORDS’’ after ‘‘NOTIFICATION’’. from establishing any requirement that is (3) Section 9003(f) of the Solid Waste Dis- nity college campuses are wired and more stringent than a requirement under posal Act (42 U.S.C. 6991b(f)) is amended— each community college has a dedi- this subtitle.’’. (A) in paragraph (1), by striking cated Commonwealth Classroom for SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and compressed video distance education Subtitle I of the Solid Waste Disposal Act (B) in paragraphs (2) and (3), by striking classes. Arrangements with Old Domin- (42 U.S.C. 6991 et seq.) (as amended by sec- ‘‘9001(2)(A)’’ each place it appears and insert- ion University, Christopher Newport tion 9) is amended by adding at the end the ing ‘‘9001(7)(A)’’. University, Virginia Tech and other in- following: (4) Section 9003(h) of the Solid Waste Dis- stitutions are offering senior level ‘‘SEC. 9014. AUTHORIZATION OF APPROPRIA- posal Act (42 U.S.C. 6991b(h)) is amended in courses through distance education TIONS. paragraphs (1), (2)(C), (7)(A), and (11) by ‘‘There are authorized to be appropriated striking ‘‘Leaking Underground Storage that actually take place on the com- to the Administrator— Tank Trust Fund’’ each place it appears and munity college campus. ‘‘(1) to carry out subtitle I (except sections inserting ‘‘Trust Fund’’. Minority Serving Institutions, how- 9003(h), 9005(a), and 9011) $25,000,000 for each (5) Section 9009 of the Solid Waste Disposal ever, still lack basic information and of fiscal years 2004 through 2008; and Act (42 U.S.C. 6991h) is amended— digital technology infrastructure. A ‘‘(2) from the Trust Fund, notwithstanding (A) in subsection (a), by striking study completed by the Department of section 9508(c)(1) of the Internal Revenue ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and Commerce and the National Associa- Code of 1986— (B) in subsection (d), by striking ‘‘section tion for Equal Opportunity in Higher ‘‘(A) to carry out section 9003(h) (except 9001(1) (A) and (B)’’ and inserting ‘‘subpara- Education showed that most Histori- section 9003(h)(12)) $150,000,000 for each of fis- graphs (A) and (B) of section 9001(10)’’. cal years 2004 through 2008; cally Black Colleges and Universities SEC. 12. TECHNICAL AMENDMENTS. ‘‘(B) to carry out section 9003(h)(12), do not have high-speed Internet access, $125,000,000 for each of fiscal years 2004 (a) Section 9001(4)(A) of the Solid Waste and only 3 percent of these colleges and through 2008; Disposal Act (42 U.S.C. 6991(4)(A)) (as amend- universities indicated that financial ‘‘(C) to carry out section 9005(a)— ed by section 11(a)(2)) is amended by striking aid was available to help their students ‘‘sustances’’ and inserting ‘‘substances’’. ‘‘(i) $35,000,000 for each of fiscal years 2004 close the computer ownership gap, the and 2005; and (b) Section 9003(f)(1) of the Solid Waste digital divide. ‘‘(ii) $20,000,000 for each of fiscal years 2006 Disposal Act (42 U.S.C. 6991b(f)(1)) is amended by striking ‘‘subsection (c) and (d) of this The Digital & Wireless Network through 2009; and Technology Program Act of 2003 seeks ‘‘(D) to carry out section 9011— section’’ and inserting ‘‘subsections (c) and ‘‘(i) $50,000,000 for fiscal year 2004; and (d)’’. to address the technology gap that ex- ‘‘(ii) $30,000,000 for each of fiscal years 2005 (c) Section 9004(a) of the Solid Waste Dis- ists at many Minority Serving Institu- through 2009.’’. posal Act (42 U.S.C. 6991c(a)) is amended by tions, MSIs. Our legislation establishes SEC. 11. CONFORMING AMENDMENTS. striking ‘‘in 9001(2) (A) or (B) or both’’ and a new grant program within the Na- (a) DEFINITIONS.—Section 9001 of the Solid inserting ‘‘in subparagraph (A) or (B) of sec- tional Science Foundation, NSF, that Waste Disposal Act (42 U.S.C. 6991) is amend- tion 9001(7)’’. provides up to $250 million to help His- ed— (d) Section 9005 of the Solid Waste Disposal torically Black Colleges and Univer- (1) by striking ‘‘For the purposes of this Act (42 U.S.C. 6991d) (as amended by section sities, Hispanic Serving Institutions, subtitle—’’ and inserting ‘‘In this subtitle:’’; 3) is amended— and Tribal Colleges bridge the digital (2) by redesignating paragraphs (1), (2), (3), (1) in subsection (b), by striking ‘‘study divide. (4), (5), (6), (7), and (8) as paragraphs (10), (7), taking’’ and inserting ‘‘study, taking’’; (4), (3), (8), (5), (2), and (6), respectively, and (2) in subsection (c)(1), by striking The legislation allows eligible insti- reordering the paragraphs so as to appear in ‘‘relevent’’ and inserting ‘‘relevant’’; and tutions the opportunity through numerical order; (3) in subsection (c)(4), by striking grants, contracts or cooperative agree- (3) by inserting before paragraph (2) (as re- ‘‘Evironmental’’ and inserting ‘‘Environ- ments to acquire equipment, instru- designated by paragraph (2)) the following: mental’’. mentation, networking capability,

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.055 S17PT1 S1152 CONGRESSIONAL RECORD — SENATE January 17, 2003 hardware and software, digital network universities, should be provided with (b) PURPOSE.—The Office shall— technology and wireless technology/in- the resources to ensure that we are in- (1) strengthen the ability of eligible insti- frastructure, such as wireless fidelity deed utilizing their large student popu- tutions to provide capacity for instruction in or WiFi, to develop and provide edu- lations. digital and wireless network technologies by providing grants to, or executing contracts I am pleased to join Senator ALLEN cational services. Additionally, the or cooperative agreements with, those insti- grants could be used for such activities and the other sponsors in introducing tutions to provide such instruction; and as equipment upgrades, technology the Digital and Wireless Network Tech- (2) strengthen the national digital and training and hardware/software acqui- nology Act of 2003. This legislation wireless infrastructure by increasing na- sition. A Minority Serving Institution would create an office at the NSF to tional investment in telecommunications also could use the funds to offer its stu- draw upon its resources to strengthen and technology infrastructure at eligible in- dents universal access to campus net- the ability of MSIs to provide instruc- stitutions. works, dramatically increase their tions in digital and wireless network SEC. 3. ACTIVITIES SUPPORTED. connectivity rates, or make necessary technologies. The legislation is not the result of An eligible institution shall use a grant, infrastructure improvements. contract, or cooperative agreement awarded any special interest groups or highly fi- Virginia has five Historically Black under this Act— Colleges and Universities: Hampton nancial lobbying efforts. It is based (1) to acquire the equipment, instrumenta- University, Norfolk State University, upon data provided by 80 of the 118 tion, networking capability, hardware and St. Paul’s College, Virginia Union Uni- HBCUs in a study, entitled ‘‘HBCU software, digital network technology, wire- versity and Virginia State University. Technology Assessment Study,’’ funded less technology, and infrastructure; The best jobs in the future will go to by the U.S. Department of Commerce (2) to develop and provide educational serv- those who are the best prepared. How- and conducted by a national black col- ices, including faculty development, to pre- ever, I am increasingly concerned that lege association and minority business. pare students or faculty seeking a degree or when it comes to high technology jobs The study assessed the computing re- certificate that is approved by the State, or a regional accrediting body recognized by which pay higher wages this country sources, networking, and connectivity the Secretary of Education; runs the risk of economically limiting of HBCUs and other institutions that (3) to provide teacher education, library many college students in our society. provide educational services to pre- and media specialist training, and preschool It is important for ALL Americans dominately African-American popu- and teacher aid certification to individuals that we close this opportunity gap. lations. who seek to acquire or enhance technology Since my election to the Senate, my The study concluded that ‘‘during skills in order to use technology in the class- goal has always been to continue the this era of continuous innovation and room or instructional process; work that I began as Governor, to look change, continual upgrading of net- (4) to implement joint projects and con- sortia to provide education regarding tech- for ways to improve education, create working and connectivity systems is nology in the classroom with a State or jobs and seek out new opportunities to critical if HBCUs are to continue to State education agency, local education benefit Virginia and its citizens. By cross the digital divide and not fall vic- agency, community-based organization, na- improving technology-education pro- tim to it. Failure to do this may result tional non-profit organization, or business, grams, we can accomplish all three for in what is a manageable digital divide including minority businesses; students throughout our nation. today, evolving into an unmanageable (5) to provide leadership development to I want to thank my colleagues for digital gulf tomorrow.’’ I believe there administrators, board members, and faculty joining me today cosponsoring this legis reason to conclude that the findings of eligible institutions with institutional responsibility for technology education; islation and look forward to working from the study also would apply to His- (6) to provide capacity-building technical with fellow Senators to push this im- panic-serving institutions, and tribal assistance to eligible institutions through portant measure across the goal-line so colleges and universities. technical assistance workshops, distance that many more college students are This bill would build upon the work learning, new technologies, and other tech- provided access to better technology of Senator Cleland and many others nological applications; and and education, and most importantly, during the last Congress. In testimony (7) to foster the use of information commu- even greater opportunities in life. before the Commerce Committee last nications technology to increase scientific, I ask unanimous consent that the year, the president of the United Negro mathematical, engineering, and technology text of the bill be printed in the College Fund, Congressman William instruction and research. RECORD. Gray, stated that we can ill afford to SEC. 4. APPLICATION AND REVIEW PROCEDURE. Mr. MCCAIN. During this era of eco- promote college graduates who enter (a) IN GENERAL.—To be eligible to receive a nomic slowdown and global threat, it is the workforce without mastering the grant, contract, or cooperative agreement imperative that our Nation’s institu- basic computer skills and under- under this Act, an eligible institution shall tions of higher education are prepared standing how information technology submit an application to the Director at to produce a technologically advanced applies to their work or profession. such time, in such manner, and accompanied workforce. Rita Colwell, Director of I feel it is imperative that we do all by such information as the Director may the National Science Foundation, NSF, we can to improve the quality of edu- reasonably require. The Director, in con- stated in a recent letter to new Mem- cation for students at our minority sultation with the advisory council estab- bers of Congress that ‘‘. . . American serving institutions. These institutions lished under subsection (b), shall establish a science and technology is failing to tap will continue to play an important role procedure by which to accept such applica- a vast pool of talent among our women in providing the Nation with a well- tions and publish an announcement of such and ethnic minorities.’’ educated and talented workforce. procedure, including a statement regarding As the demographics of the Nation Mr. President, I urge my colleagues the availability of funds, in the Federal Reg- become more and more diverse, minor- to support this bill. ister. ity institutions of higher education There being no objection, the bill was (b) ADVISORY COUNCIL.—The Director shall take on an even greater importance. It ordered to be printed in the RECORD, as establish an advisory council to advise the is estimated that in 10 years, minori- follows: Director on the best approaches for involving ties will comprise 40 percent of the col- S. 196 eligible institutions in the activities de- lege-age Americans, the pool from Be it enacted by the Senate and House of Rep- scribed in section 3. In selecting the mem- which the Nation’s future engineers resentatives of the United States of America in bers of the advisory council, the Director and scientists will emerge. Therefore, Congress assembled, may consult with representatives of appro- to tap this underutilized pool of future SECTION 1. SHORT TITLE. priate organizations, including representa- This Act may be cited as the ‘‘Digital and tives of eligible institutions, to ensure that engineers and scientists, it is essential the membership of the advisory council re- to provide assistance to these minority Wireless Network Technology Program Act of 2003’’. flects participation by technology and tele- institutions. The hundreds of minority- SEC. 2. ESTABLISHMENT OF OFFICE. communications institutions, minority busi- serving institutions, MSI, which in- (a) IN GENERAL.—There is established with- nesses, eligible institution communities, clude Historically Black Colleges and in the National Science Foundation an Office Federal agency personnel, and other individ- Universities (HBCU), Hispanic-serving of Digital and Wireless Network Technology uals who are knowledgeable about eligible institutions, and tribal colleges and to carry out the provisions of this Act. institutions and technology issues.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.090 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1153 (c) DATA COLLECTION.—An eligible institu- (A) a historically Black college or univer- guage and literacy skills needed to tion that receives a grant, contract, or coop- sity that is a part B institution, as defined in read. erative agreement under section 2 shall pro- section 322(2) of the Higher Education Act of Furthermore, studies have shown vide the Office with any relevant institu- 1965 (20 U.S.C. 1061(2)), an institution de- that children who participate in pre- tional statistical or demographic data re- scribed in section 326(e)(1)(A), (B), or (C) of quested by the Office. that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), kindergarten programs are less likely (d) INFORMATION DISSEMINATION.—The Di- or a consortium of institutions described in to be held back a grade, show greater rector shall convene an annual meeting of el- this subparagraph; learning retention and initiative, have igible institutions receiving grants, con- (B) a Hispanic-serving institution, as de- better social skills, are more enthusi- tracts, or cooperative agreements under sec- fined in section 502(a)(5) of the Higher Edu- astic about school, and are more likely tion 2 for the purposes of— cation Act of 1965 (20 U.S.C. 1101a(a)(5)); to have good attendance records. (1) fostering collaboration and capacity- (C) a tribally controlled college or univer- For every dollar invested in early building activities among eligible institu- sity, as defined in section 316(b)(3) of the education, about 7 dollars are saved in tions; and Higher Education Act of 1965 (20 U.S.C. (2) disseminating information and ideas 1059c(b)(3)); later costs. generated by such meetings. (D) an Alaska Native-serving institution My bill, the Early Education Act, SEC. 5. MATCHING REQUIREMENT. under section 317(b) of the Higher Education would create a demonstration project The Director may not award a grant, con- Act of 1965 (20 U.S.C. 1059d(b)); in at least 10 States that want to pro- tract, or cooperative agreement to an eligi- (E) a Native Hawaiian-serving institution vide one year of prekindergarten early ble institution under this Act unless such in- under section 317(b) of the Higher Education education in the public schools. There stitution agrees that, with respect to the Act of 1965 (20 U.S.C. 1059d(b)); or is a 50 percent matching requirement, costs to be incurred by the institution in (F) an institution determined by the Direc- carrying out the program for which the and the $300 million authorized under tor, in consultation with the Secretary of this bill would be used by States to grant, contract, or cooperative agreement Education, to have enrolled a substantial was awarded, such institution will make number of minority, low-income students supplement—not supplant—other Fed- available (directly or through donations during the previous academic year who re- eral, State or local funds. from public or private entities) non-Federal ceived assistance under subpart I of part A of Our children need a solid foundation contributions in an amount equal to 1⁄4 of the title IV of the Higher Education Act of 1965 that builds on current education sys- amount of the grant, contract, or coopera- (20 U.S.C. 1070a et seq.) for that year. tem by providing them with early tive agreement awarded by the Director, or (2) DIRECTOR.—The term ‘‘Director’’ means $500,000, whichever is the lesser amount. The learning skills. I urge my colleagues to the Director of the National Science Founda- support this legislation. Director shall waive the matching require- tion. ment for any institution or consortium with (3) MINORITY BUSINESS.—The term ‘‘minor- f no endowment, or an endowment that has a ity business’’ includes HUBZone small busi- current dollar value lower than $50,000,000. STATEMENTS ON SUBMITTED ness concerns (as defined in section 3(p) of RESOLUTIONS SEC. 6. LIMITATIONS. the Small Business Act (15 U.S.C. 632(p)). N ENERAL (a) I G .—An eligible institution SEC. 9. AUTHORIZATION OF APPROPRIATIONS. that receives a grant, contract, or coopera- There are authorized to be appropriated to tive agreement under this Act that exceeds SENATE CONCURRENT RESOLU- the Director of the National Science Founda- TION 2—EXPRESSING THE SENSE $2,500,000, shall not be eligible to receive an- tion $250,000,000 for each of the fiscal years other grant, contract, or cooperative agree- 2004 through 2008 to carry out this Act. OF THE CONGRESS THAT THE ment under this Act until every other eligi- UNITED STATES POSTAL SERV- ble institution that has applied for a grant, By Mrs. BOXER. ICE SHOULD ISSUE COMMEMORA- contract, or cooperative agreement under S. 197. A bill to amend the Elemen- TIVE POSTAGE STAMPS HON- this Act has received such a grant, contract, tary and Secondary Education Act of or cooperative. ORING AMERICANS WHO DISTIN- (b) AWARDS ADMINISTERED BY ELIGIBLE IN- 1965 to establish a program to help GUISHED THEMSELVES BY STITUTION.—Each grant, contract, or cooper- States expand the education system to THEIR SERVICE IN THE ARMED ative agreement awarded under this Act include at least 1 year of early edu- FORCES shall be made to, and administered by, an el- cation preceding the year a child en- Mr. CORZINE (for himself and Mr. igible institution, even when it is awarded ters kindergarten; to the Committee on WARNER) submitted the following con- for the implementation of a consortium or Health, Education, Labor, and Pen- joint project. current resolution; which was referred sions. to the Committee on Governmental Af- SEC. 7. ANNUAL REPORT AND EVALUATION. Mrs. BOXER. Mr. President, today I NNUAL EPORT EQUIRED ROM ECIPI fairs: (a) A R R F R - am reintroducing the Early Education ENTS.—Each institution that receives a S. CON. RES. 2 grant, contract, or cooperative agreement Act. This bill will enable millions of Whereas the United States Postal Service under this Act shall provide an annual report children to be prepared when they honored four distinguished American sol- to the Director on its use of the grant, con- begin their academic careers. diers when it issued its Distinguished Sol- tract, or cooperative agreement. In 1989, the Nation’s governors estab- diers commemorative postage stamps on (b) EVALUATION BY DIRECTOR.—The Direc- lished a goal that all children would May 3, 2000; tor, in consultation with the Secretary of have access to high quality prekinder- Whereas such stamps not only paid tribute Education, shall— garten programs by the year 2000. It is to the patriotism and uncommon valor of (1) review the reports provided under sub- now the year 2003, and this goal is far those brave soldiers, but also served as a section (a) each year; and lasting tribute to the men and women of the (2) evaluate the program authorized by sec- from being met. Army who have dedicated their lives to the tion 3 on the basis of those reports every 2 Of the nearly 8 million 3- and 4-year- defense of our country; and years. olds that could be in early education, Whereas it is only fitting that similar rec- (c) CONTENTS OF EVALUATION.—The Direc- fewer than half are enrolled in an early tor, in the evaluation, shall describe the ac- education program. ognition be given with respect to the other tivities undertaken by those institutions and The result is that too many children branches of the armed forces: Now, therefore, shall assess the short-range and long-range be it come to school ill-prepared to learn. Resolved by the Senate (the House of Rep- impact of activities carried out under the They lack language skills, social skills, grant, contract, or cooperative agreement on resentatives concurring), That— the students, faculty, and staff of the insti- and motivation. Almost all experts (1) commemorative postage stamps should tutions. now agree that an early education ex- be issued by the United States Postal Serv- (d) REPORT TO CONGRESS.—The Director perience is one of the most effective ice honoring Americans who distinguished shall submit a report to the Congress based strategies for improving later school themselves by their service in the Navy, Air on the evaluation. In the report, the Director performance. Force, Marine Corps, and Coast Guard, re- shall include such recommendations, includ- Researchers have discovered that spectively; and ing recommendations concerning the con- (2) the Citizens’ Stamp Advisory Com- children have a learning capacity that mittee should recommend to the Postmaster tinuing need for Federal support of the pro- can and should be developed at a much gram, as may be appropriate. General that such stamps be issued. earlier age than was previously SEC. 8. DEFINITIONS. In this Act: thought. The National Research Coun- Mr. WARNER. Mr. President, I join (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi- cil reported that prekindergarten edu- my colleague from New Jersey, Sen- ble institution’’ means an institution that cational opportunities are necessary if ator CORZINE, in support of a series of is— children are going to develop the lan- commemorative postage stamps to

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.053 S17PT1 S1154 CONGRESSIONAL RECORD — SENATE January 17, 2003 honor the distinguished members of tion to do its duty and honor these dis- General Douglas MacArthur called our armed services. tinguished soldiers.’’ him ‘‘a one-man army,’’ and on Feb- As a veteran of World War II and It is a mistake to pay tribute to one ruary 19, 1945 at Iwo Jima, Basilone Korea, I know firsthand the hardships service without similar tributes to the once against lived up to that reputa- of war. It certainly does provide a deep- other services. The Postal Service tion. Basilone destroyed an enemy er appreciation for life and the strug- should issue similar four-stamp sets stronghold, a blockhouse on that small gles faced by the men and women who recognizing the military accomplish- Japanese island and commanded his serve in our uniformed services. I also ments of individual members of the Air young troops to move the heavy guns appreciate just how critical it is for Force, the Marines, the Navy and the off the beach. Unfortunately, less than our military personnel to be appro- Coast Guard soon to redress this lam- two hours into the assault on that fate- priately trained, well-equipped, and entable omission. ful day in February, Basilone and four fairly compensated, both in times of I am sure that each member of Con- of his fellow marines were killed when peace and hostilities, for protecting the gress can think of at least one military an enemy mortar shell exploded near- freedoms we enjoy as Americans. hero who deserves this special recogni- by. In May of 2000, a series of four stamps tion. For instance, I have long felt that When Gunnery Sergeant John were issued by the United States Post- a stamp commemorating the coura- Basilone died, he was only 27, but he al Service to acknowledge several dis- geous service of Gunnery Sergeant had already earned the Congressional tinguished leaders of the United States John Basilone would be a fitting me- Medal of Honor, the Navy Cross, the Army. This Resolution maintains that morial to a great Marine. Purple Heart, and the appreciation of Raised in Raritan, NJ, Basilone, en- this honor should be extended to recog- his Nation. Basilone is a true American listed in the U.S. Army soon after his nize the accomplishments of notable patriot whose legacy should be pre- 18th birthday. Shortly thereafter, he service members of the United States served. was deployed to the Philippines where Navy, United States Marine Corps, Basilone is just one of the many he- he earned a nickname that would stick United States Air Force and the United roes who deserve to be memorialized on with him for the rest of his career: States Coast Guard. a U.S. postage stamp. That is why the I take great pride in representing ‘‘Manila John.’’ Following his tour of duty in 1937, Military Coalition, a group that in- military personnel and the veterans of cludes associations representing every our great nation and I am pleased to Basilone returned to Raritan. But he wouldn’t stay there long. In July 1940, aspect of our Armed Forces commu- support this admirable initiative. nity, from the Reserve Officers Asso- Mr. CORZINE. Mr. President, I rise with much of Europe at war and the United States on the brink, ‘‘Manila ciation to the Veterans of Foreign today to submit a resolution calling on Wars, has endorsed the initiative to see the United States Postal Service to John’’ left New Jersey, enlisting in the military once again, this time joining commemorative stamps issued hon- issue commemorative postage stamps oring exceptional service men and honoring distinguished servicemen and the United States Marine Corps. On October 24, 1942, Basilone earned women from all branches of the mili- servicewomen from the Navy, Marine his Congressional Medal of Honor. He tary. Corps, Air Force, and Coast Guard. was sent to a position on the Tenaru The Postal Service fittingly honored On May 3, 2000 the United States River at Guadalcanal and placed in courageous men and women who fought Postal Service formally recognized command of two sections of heavy main the Army by issuing stamps com- four distinguished Army soldiers with chine guns. Sergeant Basilone and his memorating the tremendous sacrifice ‘‘Distinguished Soldiers’’ commemora- men were charged with defending Hen- and unusual courage demonstrated by tive postage stamps. These stamps derson Airfield, an important Amer- individual distinguished soldiers. Now serve as an important tribute to the ican foothold on the island. Although it is time for Marines like Sergeant patriotism and uncommon valor of four the Marine contingent was vastly out- Basilone, and men and women from the individual soldiers who risked life and numbered and without needed support, Air Force, the Coast Guard, and the limb in defense of liberty. Clearly, as Basilone and his men successfully re- Navy to be honored in a similar fash- our military is being mobilized for pos- pelled a Japanese assault. ion. sible military action, these stamps Other survivors reported that their I strongly urge my colleagues to sup- serve as a timely recognition of the success can be attributed to one man: port this resolution as an important sacrifice made by our Army personnel ‘‘Manila John.’’ He crossed enemy lines message to all our military servicemen to defend the democratic values that to replenish a dangerously low stock- and women that we appreciate and ad- we hold dear. pile of ammunition, repaired artillery mire their efforts to defend our great To date, however, there has been an pieces, and steadied his troops in the country. unfortunate, but easily remediable midst of torrential rain. He went sev- f oversight: the Postal Service has eral days and nights without food or issued a set of four stamps recognizing sleep, and the U.S. military was able to AMENDMENTS SUBMITTED & the accomplishments of individual U.S. carry the day. His exploits became Ma- PROPOSED Army soldiers, but has not followed rine lore, and served as a patriotic in- SA 35. Mr. KENNEDY submitted an amend- through with similar stamp series com- spiration to others facing daunting ment intended to be proposed by him to the memorating the profound contribu- challenges in the midst of war. joint resolution H.J. Res. 2, making further tions of individual members of the For his courage under fire and pro- continuing appropriations for the fiscal year armed forces from the Marines, the found patriotism, Basilone was the 2003, and for other purposes; which was or- Navy, the Air Force, and the Coast first enlisted Marine to be awarded the dered to lie on the table. Guard. Congressional Medal of Honor in World SA 36. Mr. BYRD proposed an amendment Recognizing all the branches of our War II. When he returned to the United to the joint resolution H.J. Res. 2, supra. SA 37. Mr. BUNNING (for himself and Mr. Armed Forces is long overdue. Men and States, he was heralded as a hero and women from all the military services BINGAMAN) submitted an amendment in- quickly sent on tour around the coun- tended to be proposed by him to the joint deserve recognition for the risks they try to help finance the war through the resolution H.J. Res. 2, supra; which was or- have taken and the sacrifices they have sale of war bonds. The Marine corps of- dered to lie on the table. made for the freedom we all enjoy. As fered to commission Basilone as an of- SA 38. Mr. BUNNING submitted an amend- Mr. Einar Dyhrkopp, then Chairman of ficer and station him far away from the ment intended to be proposed by him to the the Postal Service Board of Governors frontlines. joint resolution H.J. Res. 2, supra; which was stated in May 2000, at the dedication But Basilone was not interested in ordered to lie on the table. ceremony for the block of four stamps riding out the war in Washington, DC. SA 39. Mrs. MURRAY submitted an amend- commemorating the valor of individual He was quoted as saying. ‘‘I ain’t no of- ment intended to be proposed by her to the joint resolution H.J. Res. 2, supra; which was ‘‘Distinguished Soldiers,’’ ‘‘By doing ficer, and I ain’t no museum piece. I be- ordered to lie on the table. their duty, they brought honor to us long back with my outfit.’’ In Decem- SA 40. Mr. REED (for himself, Mr. DURBIN, all and helped preserve this country ber 1944, he got his wish and returned Mr. KENNEDY, Mr. LEVIN, Ms. CANTWELL, Mr. that we love. Now it’s time for the na- to the frontlines. CORZINE, Mr. JEFFORDS, and Mr. BINGAMAN)

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.059 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1155 submitted an amendment intended to be pro- SA 58. Ms. COLLINS (for herself and Mr. SEC. ll. GAO STUDY ON SUBTITLE D OF THE EN- posed by him to the joint resolution H.J. BOND) submitted an amendment intended to ERGY EMPLOYEES OCCUPATIONAL Res. 2, supra; which was ordered to lie on the be proposed by her to the joint resolution ILLNESS COMPENSATION PROGRAM table. H.J. Res. 2, supra; which was ordered to lie ACT. (a) STUDY.—The General Accounting Office SA 41. Mr. ROCKEFELLER (for himself, on the table. (in this section referred to as the ‘‘GAO’’) Mr. CHAFEE, and Mr. KENNEDY) submitted an SA 59. Mr. WYDEN (for himself, Mrs. FEIN- shall conduct a study on the effectiveness of amendment intended to be proposed by him STEIN, Mr. REID, Mrs. BOXER, Mr. CORZINE, the benefit program under subtitle D of the to the joint resolution H.J. Res. 2, supra; and Mr. LEAHY) submitted an amendment in- Energy Employees Occupational Illness which was ordered to lie on the table. tended to be proposed by him to the joint Compensation Program Act of 2000 (42 U.S.C. SA 42. Mr. DOMENICI submitted an resolution H.J. Res. 2, supra; which was or- 7385o) in assisting the Department of Energy amendment intended to be proposed by him dered to lie on the table. (in this section referred to as the ‘‘DOE’’) to the joint resolution H.J. Res. 2, supra; SA 60. Mr. MCCAIN submitted an amend- contractor employees in obtaining com- which was ordered to lie on the table. ment intended to be proposed by him to the SA 43. Mr. DOMENICI submitted an pensation for occupational illness. joint resolution H.J. Res. 2, supra; which was (b) REPORT TO CONGRESS.—Not later than amendment intended to be proposed by him ordered to lie on the table. 120 days after the date of enactment of this to the joint resolution H.J. Res. 2, supra; SA 61. Ms. MIKULSKI (for herself, Mr. Act, the GAO shall submit a report to the which was ordered to lie on the table. SARBANES, Mr. DORGAN, Mr. DURBIN, Mr. Senate Energy and Natural Resources Com- SA 44. Mr. MCCAIN proposed an amend- AKAKA, Mr. BINGAMAN, Mr. FEINGOLD, Mr. mittee and the House of Representatives En- ment to the joint resolution H.J. Res. 2, JOHNSON, Mr. KENNEDY, Mr. KOHL, and Mrs. ergy and Commerce Committee on the re- supra. MURRAY) submitted an amendment intended sults of the study conducted under sub- SA 45. Mr. KYL submitted an amendment to be proposed by her to the joint resolution section (a). intended to be proposed by him to the joint H.J. Res. 2, supra; which was ordered to lie resolution H.J. Res. 2, supra; which was or- on the table. SA 38. Mr. BUNNING submitted an dered to lie on the table. SA 62. Mr. MCCONNELL (for himself and amendment intended to be proposed by SA 46. Mr. WYDEN (for himself and Mr. Mr. LEAHY) submitted an amendment in- him to the joint resolution H.J. Res. 2, SMITH) submitted an amendment intended to tended to be proposed by him to the joint be proposed by him to the joint resolution making further continuing appropria- resolution H.J. Res. 2, supra; which was or- tions for the fiscal year 2003, and for H.J. Res. 2, supra; which was ordered to lie dered to lie on the table. on the table. SA 63. Mr. ALLARD (for himself and Mr. other purposes; which was ordered to SA 47. Mrs. FEINSTEIN submitted an CAMPBELL) submitted an amendment in- lie on the table; as follows: amendment intended to be proposed by her tended to be proposed by him to the joint At the appropriate place, insert the fol- to the joint resolution H.J. Res. 2, supra; resolution H.J. Res. 2, supra; which was or- lowing: which was ordered to lie on the table. dered to lie on the table. SEC. . GAO STUDY OF CLEANUP AT THE PADU- SA 48. Mr. SARBANES (for himself and Ms. SA 64. Ms. LANDRIEU submitted an CAH GASEOUS DIFFUSION PLANT IN MIKULSKI) submitted an amendment in- amendment intended to be proposed by her PADUCAH, KENTUCKY. tended to be proposed by him to the joint to the joint resolution H.J. Res. 2, supra; (a) STUDY.—The General Accounting Office resolution H.J. Res. 2, supra; which was or- which was ordered to lie on the table. (in this section referred to as the ‘‘GAO’’) dered to lie on the table. SA 65. Mr. KYL submitted an amendment shall conduct a study of the cleanup progress SA 49. Mr. SARBANES (for himself and Ms. intended to be proposed by him to the joint at the Paducah Gaseous Diffusion Plant in MIKULSKI) submitted an amendment in- resolution H.J. Res. 2, supra; which was or- Paducah, Kentucky. tended to be proposed by him to the joint dered to lie on the table. (b) REPORT TO CONGRESS.—Not late than resolution H.J. Res. 3, to disapprove under SA 66. Mr. KYL submitted an amendment six months after the date of enactment of the Congressional Review Act the rule sub- intended to be proposed by him to the joint this Act, the GAO shall submit a report to mitted by the Centers for Medicare & Med- resolution H.J. Res. 2, supra; which was or- the Senate Energy and Natural Resources icaid Services, relating to revisions to pay- dered to lie on the table. Committee and the House of Representatives ment policies under the Medicare physician Energy and Commerce Committee on the re- fee schedule for calendar year 2003 and other sults of the study conducted under sub- items, published in the Federal Register on f section (a). December 31, 2002 (vol. 67, page 79966); which was ordered to lie on the table. TEXT OF AMENDMENTS SA 39. Mrs. MURRAY submitted an SA 50. Mr. SARBANES submitted an amendment intended to be proposed by amendment intended to be proposed by him SA 35. Mr. KENNEDY submitted an her to the joint resolution H.J. Res. 2, to the joint resolution H.J. Res. 2, making amendment intended to be proposed by making further continuing appropria- further continuing appropriations for the fis- him to the joint resolution H.J. Res. 2, tions for the fiscal year 2003, and for cal year 2003, and for other purposes; which making further continuing appropria- other purposes; which was ordered to was ordered to lie on the table. tions for the fiscal year 2003, and for lie on the table; as follows: SA 51. Mr. FITZGERALD (for himself, Mr. other purposes; which was ordered to DEWINE, Mr. BROWNBACK, Mr. KYL, Mr. EN- On page 570, line 19, insert before the pe- lie on the table; as follows: SIGN, and Mr. VOINOVICH) submitted an riod the following: ‘‘; Provided further, That amendment intended to be proposed by him On page 563, line 14, insert before the pe- $120,027,000 shall be appropriated to carry out to the joint resolution H.J. Res. 2, supra; riod the following: ‘‘, and $6,600,000 to be used the community access program to increase which was ordered to lie on the table. to fund the mass layoff statistics program the capacity and effectiveness of community SA 52. Mr. GRASSLEY submitted an under section 15 of the Wagner-Peyser Act health care institutions and providers who amendment intended to be proposed by him (29 U.S.C. 49l–2). serve patients regardless of their ability to to the joint resolution H.J. Res. 2, supra; On page 640, line 2, increase the amount by pay’’. which was ordered to lie on the table. $6,600,000. SA 53. Mr. GRASSLEY submitted an SA 40. Mr. REED (for himself, Mr. amendment intended to be proposed by him SA 36. Mr. BYRD proposed an amend- DURBIN, Mr. KENNEDY, Mr. LEVIN, Ms. to the joint resolution H.J. Res. 2, supra; ment to the joint resolution H.J. Res. CANTWELL, Mr. CORZINE, Mr. JEFFORDS, which was ordered to lie on the table. 2, making further continuing appro- and Mr. BINGAMAN) submitted an SA 54. Mr. KYL (for himself, Mr. KENNEDY, priations for the fiscal year 2003, and amendment intended to be proposed by Mrs. FEINSTEIN, Mr. MCCAIN, and Mr. FEIN- for other purposes; as follows: him to the joint resolution H.J. Res. 2, GOLD) submitted an amendment intended to be proposed by him to the joint resolution At the appropriate place, insert the fol- making further continuing appropria- H.J. Res. 2, supra; which was ordered to lie lowing: tions for the fiscal year 2003, and for on the table. Strike title VI of division N. other purposes; which was ordered to SA 55. Mr. NELSON, of Florida submitted lie on the table; as follows: an amendment intended to be proposed by SA 37. Mr. BUNNING (for himself and At the appropriate place in title I of divi- him to the joint resolution H.J. Res. 2, supra; Mr. BINGAMAN) submitted an amend- sion G, insert the following: which was ordered to lie on the table. ment intended to be proposed by him SEC. ll. ENTITLEMENT TO ADDITIONAL WEEKS SA 56. Mr. HOLLINGS submitted an to the joint resolution H.J. Res. 2, OF TEMPORARY EXTENDED UNEM- amendment intended to be proposed by him making further continuing appropria- PLOYMENT COMPENSATION. to the joint resolution H.J. Res. 2, supra; tions for the fiscal year 2003, and for (a) ENTITLEMENT TO ADDITIONAL WEEKS.— which was ordered to lie on the table. (1) IN GENERAL.—Paragraph (1) of section SA 57. Mr. MCCAIN submitted an amend- other purposes; which was ordered to 203(b) of the Temporary Extended Unemploy- ment intended to be proposed by him to the lie on the table; as follows: ment Compensation Act of 2002 (Public Law joint resolution H.J. Res. 2, supra; which was At the appropriate place, insert the fol- 107–147; 116 Stat. 28) is amended to read as ordered to lie on the table. lowing: follows:

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.057 S17PT1 S1156 CONGRESSIONAL RECORD — SENATE January 17, 2003

‘‘(1) IN GENERAL.—The amount established such individual shall be eligible for tem- (iii) in subparagraph (A)(i)— in an account under subsection (a) shall be porary extended unemployment compensa- (I) by striking ‘‘or’’ at the end of subclause equal to 26 times the individual’s weekly tion (in accordance with the provisions of (I), benefit amount for the benefit year.’’. the Temporary Extended Unemployment (II) by striking the period at the end of (2) REPEAL OF RESTRICTION ON AUGMENTA- Compensation Act of 2002, as amended by subclause (II) and inserting ‘‘; or’’; and TION DURING TRANSITIONAL PERIOD.—Section subsection (a)) with respect to weeks of un- (III) by adding at the end the following new 208(b) of the Temporary Extended Unemploy- employment beginning on or after the date subclause: ment Compensation Act of 2002 (Public Law of enactment of this Act. ‘‘(III) the fiscal year 2000 allotment, the 107–147), as amended by Public Law 108–1, is (4) REDETERMINATION OF ELIGIBILITY FOR amount specified in subparagraph (C)(i) (less amended— AUGMENTED AMOUNTS FOR INDIVIDUALS FOR the total of the amounts under clause (ii) for (A) in paragraph (1)— WHOM SUCH A DETERMINATION WAS MADE PRIOR such fiscal year), multiplied by the ratio of (i) by striking ‘‘paragraphs (2) and (3)’’ and TO THE DATE OF ENACTMENT.—Any determina- the amount specified in subparagraph (C)(ii) inserting ‘‘paragraph (2)’’; and tion of whether the individual’s State is in for the State to the amount specified in sub- (ii) by inserting before the period at the an extended benefit period under section paragraph (C)(iii).’’; end the following: ‘‘, including such com- 203(c) of the Temporary Extended Unemploy- (iv) in subparagraph (A)(ii), by striking ‘‘or pensation by reason of amounts deposited in ment Compensation Act of 2002 (Public Law 1999’’ and inserting ‘‘, 1999, or 2000’’; such account after such date pursuant to the 107–147; 116 Stat. 28) made prior to the date of (v) in subparagraph (B), by striking ‘‘with application of subsection (c) of such sec- enactment of this Act shall be disregarded respect to fiscal year 1998 or 1999’’; tion’’; and the determination under such section (vi) in subparagraph (B)(ii)— (B) by striking paragraph (2); and shall be made as follows: (I) by inserting ‘‘with respect to fiscal year (C) by redesignating paragraph (3) as para- (A) INDIVIDUALS WHO EXHAUSTED 13 TEUC 1998, 1999, or 2000,’’ after ‘‘subsection (e),’’; graph (2). AND 13 TEUX–X WEEKS PRIOR TO THE DATE OF and (3) EXTENSION OF TRANSITION LIMITATION.— ENACTMENT.—In the case of an individual (II) by striking ‘‘2002’’ and inserting ‘‘2004’’; Section 208(b)(2) of the Temporary Extended who, prior to the date of enactment of this and Unemployment Compensation Act of 2002 Act, received 26 times the individual’s aver- (vii) by adding at the end the following (Public Law 107–147), as amended by Public age weekly benefit amount through an ac- new subparagraph: Law 108–1 and as redesignated by paragraph count established under section 203 of the ‘‘(C) AMOUNTS USED IN COMPUTING REDIS- (2), is amended by striking ‘‘August 30, 2003’’ Temporary Extended Unemployment Com- TRIBUTIONS FOR FISCAL YEAR 2000.—For pur- and inserting ‘‘December 31, 2003’’. pensation Act of 2002 (Public Law 107–147; 116 poses of subparagraph (A)(i)(III)— (4) CONFORMING AMENDMENT FOR AUG- Stat. 28) (by reason of augmentation under ‘‘(i) the amount specified in this clause is MENTED BENEFITS.—Section 203(c)(1) of the subsection (c) of such section), the deter- the amount specified in paragraph (2)(B)(i)(I) Temporary Extended Unemployment Com- mination shall be made as of the date of the for fiscal year 2000, less the total amount re- pensation Act of 2002 (Public Law 107–147; 116 enactment of this Act. maining available pursuant to paragraph Stat. 28) is amended by striking ‘‘the amount (2)(A)(iii); (B) ALL OTHER INDIVIDUALS.—In the case of originally established in such account (as de- an individual who is not described in sub- ‘‘(ii) the amount specified in this clause for termined under subsection (b)(1))’’ and in- paragraph (A), the determination shall be a State is the amount by which the State’s serting ‘‘7 times the individual’s average expenditures under this title in fiscal years made at the time that the individual’s ac- weekly benefit amount for the benefit year’’. 2000, 2001, and 2002 exceed the State’s allot- count established under such section 203, as (b) EFFECTIVE DATE AND APPLICATION.— ment for fiscal year 2000 under subsection amended by subsection (a), is exhausted. (1) IN GENERAL.—The amendments made by (b); and subsection (a) shall apply with respect to Mr. ROCKEFELLER (for him- ‘‘(iii) the amount specified in this clause is weeks of unemployment beginning on or SA 41. the sum, for all States entitled to a redis- after the date of enactment this Act. self, Mr. CHAFEE, and Mr. KENNEDY) tribution under subparagraph (A) from the (2) TEUC–X AMOUNTS DEPOSITED IN ACCOUNT submitted an amendment intended to allotments for fiscal year 2000, of the PRIOR TO DATE OF ENACTMENT DEEMED TO BE be proposed by him to the joint resolu- amounts specified in clause (ii).’’. THE ADDITIONAL TEUC AMOUNTS PROVIDED BY tion H.J. Res. 2, making further con- (C) CONFORMING AMENDMENTS.—Such sec- THIS SECTION.—In applying the amendments tinuing appropriations for the fiscal tion 2104(g) is further amended— made by subsection (a) under the Temporary year 2003, and for other purposes; which (i) in its heading, by striking ‘‘AND 1999’’ Extended Unemployment Compensation Act was ordered to lie on the table; as fol- and inserting ‘‘, 1999, AND 2000’’; and of 2002 (Public Law 107–147; 116 Stat. 26), the (ii) in paragraph (3)— Secretary of Labor shall deem any amounts lows: (I) by striking ‘‘or fiscal year 1999’’ and in- deposited into an individual’s temporary ex- At the appropriate place, insert the fol- serting ‘‘, fiscal year 1999, or fiscal year tended unemployment compensation account lowing: 2000’’; and by reason of section 203(c) of such Act (com- SEC. ll. (a) EXTENDING AVAILABILITY OF (II) by striking ‘‘or November 30, 2001’’ and monly known as ‘‘TEUC–X amounts’’) prior SCHIP ALLOTMENTS FOR FISCAL YEARS 1998 inserting ‘‘November 30, 2001, or November to the date of enactment of this Act to be THROUGH 2001.— 30, 2002’’, respectively. amounts deposited in such account by reason (1) RETAINED AND REDISTRIBUTED ALLOT- (3) EXTENSION AND REVISION OF RETAINED of section 203(b) of such Act, as amended by MENTS FOR FISCAL YEARS 1998 AND 1999.—Para- AND REDISTRIBUTED ALLOTMENTS FOR FISCAL subsection (a) (commonly known as ‘‘TEUC graphs (2)(A)(i) and (2)(A)(ii) of section YEAR 2001.— amounts’’). 2104(g) of the Social Security Act (42 U.S.C. (A) PERMITTING AND EXTENDING RETENTION (3) APPLICATION TO EXHAUSTEES AND CUR- 1397dd(g)) are each amended by striking ‘‘fis- OF PORTION OF FISCAL YEAR 2001 ALLOTMENT.— RENT BENEFICIARIES.— cal year 2002’’ and inserting ‘‘fiscal year Paragraph (2) of such section 2104(g), as (A) EXHAUSTEES.—In the case of any indi- 2004’’. amended in paragraph (2)(A)(ii), is further vidual— (2) EXTENSION AND REVISION OF RETAINED amended— (i) to whom any temporary extended unem- AND REDISTRIBUTED ALLOTMENTS FOR FISCAL (i) in the heading, by striking ‘‘2000’’ and in- ployment compensation was payable for any YEAR 2000.— serting ‘‘2001’’; and week beginning before the date of enactment (A) PERMITTING AND EXTENDING RETENTION (ii) by adding at the end of subparagraph of this Act; and OF PORTION OF FISCAL YEAR 2000 ALLOTMENT.— (A) the following: (ii) who exhausted such individual’s rights Paragraph (2) of such section 2104(g) is ‘‘(iv) FISCAL YEAR 2001 ALLOTMENT.—Of the to such compensation (by reason of the pay- amended— amounts allotted to a State pursuant to this ment of all amounts in such individual’s (i) in the heading, by striking ‘‘AND 1999’’ section for fiscal year 2001 that were not ex- temporary extended unemployment com- and inserting ‘‘THROUGH 2000’’; and pended by the State by the end of fiscal year pensation account) before such date, (ii) by adding at the end of subparagraph 2003, 50 percent of that amount shall remain such individual’s eligibility for any addi- (A) the following: available for expenditure by the State tional weeks of temporary extended unem- ‘‘(iii) FISCAL YEAR 2000 ALLOTMENT.—Of the through the end of fiscal year 2005.’’. ployment compensation by reason of the amounts allotted to a State pursuant to this (B) REDISTRIBUTED ALLOTMENTS.—Para- amendments made by subsection (a) shall section for fiscal year 2000 that were not ex- graph (1) of such section 2104(g), as amended apply with respect to weeks of unemploy- pended by the State by the end of fiscal year in paragraph (2)(B), is further amended— ment beginning on or after the date of enact- 2002, 50 percent of that amount shall remain (i) in subparagraph (A), by inserting ‘‘or ment of this Act. available for expenditure by the State for fiscal year 2001 by the end of fiscal year (B) CURRENT BENEFICIARIES.—In the case of through the end of fiscal year 2004.’’. 2003,’’ after ‘‘fiscal year 2002,’’; any individual— (B) REDISTRIBUTED ALLOTMENTS.—Para- (ii) in subparagraph (A), by striking ‘‘1999, (i) to whom any temporary extended unem- graph (1) of such section 2104(g) is amended— or 2000’’ and inserting ‘‘1999, 2000, or 2001’’; ployment compensation was payable for any (i) in subparagraph (A), by inserting ‘‘or (iii) in subparagraph (A)(i)— week beginning before the date of enactment for fiscal year 2000 by the end of fiscal year (I) by striking ‘‘or’’ at the end of subclause of this Act; and 2002,’’ after ‘‘fiscal year 2001,’’; (II), (ii) as to whom the condition described in (ii) in subparagraph (A), by striking ‘‘1998 (II) by striking the period at the end of subparagraph (A)(ii) does not apply, or 1999’’ and inserting ‘‘1998, 1999, or 2000’’; subclause (III) and inserting ‘‘; or’’; and

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.076 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1157 (III) by adding at the end the following new scribed in subparagraph (A), subject to the minations of eligibility using the same subclause: total amount of funds described with respect verification policies (including with respect ‘‘(IV) the fiscal year 2001 allotment, the to the State in subparagraph (A), the Sec- to face-to-face interviews), forms, and fre- amount specified in subparagraph (D)(i) (less retary shall pay the State an amount each quency as the State uses for such purposes the total of the amounts under clause (ii) for quarter equal to the additional amount that under this title, and, as part of such redeter- such fiscal year), multiplied by the ratio of would have been paid to the State under title minations, provides for the automatic reas- the amount specified in subparagraph (D)(ii) XIX for expenditures of the State for the fis- sessment of the eligibility of such children for the State to the amount specified in sub- cal year described in clause (ii) if the en- for assistance under title XIX and this title. paragraph (D)(iii).’’; hanced FMAP (as determined under sub- ‘‘(v) OUTSTATIONING ENROLLMENT STAFF.— (iv) in subparagraph (A)(ii), by striking ‘‘or section (b)) had been substituted for the Fed- The State provides for the receipt and initial 2000’’ and inserting ‘‘2000, or 2001’’; eral medical assistance percentage (as de- processing of applications for benefits under (v) in subparagraph (B)— fined in section 1905(b)) of such expenditures. this title and for children under title XIX at (I) by striking ‘‘and’’ at the end of clause ‘‘(ii) EXPENDITURES DESCRIBED.—For pur- facilities defined as disproportionate share (ii); poses of clause (i), the expenditures de- hospitals under section 1923(a)(1)(A) and Fed- (II) by redesignating clause (iii) as clause scribed in this clause are expenditures for erally-qualified health centers described in (iv); and such fiscal years for providing medical as- section 1905(l)(2)(B) consistent with section (III) by inserting after clause (ii) the fol- sistance under title XIX to individuals who 1902(a)(55).’’. lowing new clause: have not attained age 19 and whose family ‘‘(iii) notwithstanding subsection (e), with income exceeds 150 percent of the poverty SA 42. Mr. DOMENICI submitted an respect to fiscal year 2001, shall remain line. amendment intended to be proposed by available for expenditure by the State ‘‘(2) QUALIFYING STATE.—In this subsection, him to the joint resolution H.J. Res. 2, through the end of fiscal year 2005; and’’; and the term ‘qualifying State’ means a State (vi) by adding at the end the following new that— making further continuing appropria- subparagraph: ‘‘(A) as of March 31, 1997, has an income tions for the fiscal year 2003, and for ‘‘(D) AMOUNTS USED IN COMPUTING REDIS- eligibility standard with respect to any 1 or other purposes; which was ordered to TRIBUTIONS FOR FISCAL YEAR 2001.—For pur- more categories of children (other than in- lie on the table; as follows: poses of subparagraph (A)(i)(IV)— fants) who are eligible for medical assistance On Page 1027, line 17, strike ‘‘August 1, ‘‘(i) the amount specified in this clause is under section 1902(a)(10)(A) or under a waiver 2002’’ and insert ‘‘December 31, 2004’’. the amount specified in paragraph (2)(B)(i)(I) under section 1115 implemented on January On Page 1032, at the end of line 8, insert for fiscal year 2001, less the total amount re- 1, 1994, that is at least 185 percent of the pov- the following new section: maining available pursuant to paragraph erty line; and ‘‘SEC. 210. CIVIL PENALTIES. (2)(A)(iv); ‘‘(B) satisfies the requirements described ‘‘(a) REPEAL OF AUTOMATIC REMISSION.— ‘‘(ii) the amount specified in this clause for in paragraph (3). Section 234A b.(2) of the Atomic Energy Act a State is the amount by which the State’s ‘‘(3) REQUIREMENTS.—The requirements de- of 1954 (42 U.S.C. 2282a(b)(2)) is amended by expenditures under this title in fiscal years scribed in this paragraph are the following: striking the last sentence. 2001, 2002, and 2003 exceed the State’s allot- ‘‘(A) SCHIP INCOME ELIGIBILITY.—The State ‘‘(b) LIMITATION FOR NOT-FOR-PROFIT INSTI- ment for fiscal year 2001 under subsection has a State child health plan that (whether TUTIONS.—Subsection d. of section 234A of implemented under title XIX or this title)— (b); and the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(i) as of January 1, 2001, has an income ‘‘(iii) the amount specified in this clause is 2282a(d)) is amended to read as follows: eligibility standard that is at least 200 per- the sum, for all States entitled to a redis- ‘‘ ‘d.(1) Notwithstanding subsection a., in cent of the poverty line or has an income eli- tribution under subparagraph (A) from the the case of any not-for-profit contractor, gibility standard that exceeds 200 percent of allotments for fiscal year 2001, of the subcontractor, or supplier, the total amount the poverty line under a waiver under sec- amounts specified in clause (ii).’’. of civil penalties made under subsection a. tion 1115 that is based on a child’s lack of (C) CONFORMING AMENDMENTS.—Such sec- may not exceed the total amount of fees paid health insurance; tion 2104(g) is further amended— within any one-year period (as determined (i) in its heading, by striking ‘‘AND 2000’’ ‘‘(ii) subject to subparagraph (B), does not limit the acceptance of applications for chil- by the Secretary) under the contract under and inserting ‘‘2000, AND 2001’’; and which the violation occurs. (ii) in paragraph (3)— dren; and ‘‘(iii) provides benefits to all children in ‘‘ ‘(2) For purposes of this section, the term (I) by striking ‘‘or fiscal year 2000’’ and in- ‘not-for-profit’ means that no part of the net serting ‘‘fiscal year 2000, or fiscal year 2001’’; the State who apply for and meet eligibility standards on a statewide basis. earnings of the contractor, subcontractor, or and supplier inures, or may lawfully inure, to the ‘‘(B) NO WAITING LIST IMPOSED.—With re- (II) by striking ‘‘or November 30, 2002,’’ and benefit of any natural person or for-profit ar- inserting ‘‘November 30, 2002, or November spect to children whose family income is at or below 200 percent of the poverty line, the tificial person.’. 30, 2003,’’, respectively. ‘‘(c) EFFECTIVE DATE.—The amendments (4) EFFECTIVE DATE.—This subsection, and State does not impose any numerical limitation, waiting list, or similar limitation on made by this section shall not apply to any the amendments made by this subsection, violation of the Atomic Energy Act of 1954 shall be effective as if this subsection had the eligibility of such children for child health assistance under such State plan. occurring under a contract entered into be- been enacted on September 30, 2002, and fore the date of enactment of this section.’’ amounts under title XXI of the Social Secu- ‘‘(C) ADDITIONAL REQUIREMENTS.—The rity Act (42 U.S.C. 1397aa et seq.) from allot- State has implemented at least 4 of the following policies and procedures (relating to SA 43. Mr. DOMENICI submitted an ments for fiscal years 1998 through 2000 are amendment intended to be proposed by available for expenditure on and after Octo- coverage of children under title XIX and this ber 1, 2002, under the amendments made by title): him to the joint resolution H.J. Res. 2, this subsection as if this subsection had been ‘‘(i) UNIFORM, SIMPLIFIED APPLICATION making further continuing appropria- enacted on September 30, 2002. FORM.—With respect to children who are eli- tions for the fiscal year 2003, and for (b) AUTHORITY FOR QUALIFYING STATES TO gible for medical assistance under section other purposes; which was ordered to USE PORTION OF SCHIP FUNDS FOR MEDICAID 1902(a)(10)(A), the State uses the same uni- lie on the table; as follows: form, simplified application form (including, EXPENDITURES.—Section 2105 of the Social At the appropriate place insert the fol- Security Act (42 U.S.C. 1397ee) is amended by if applicable, permitting application other lowing: adding at the end the following: than in person) for purposes of establishing ‘‘(g) AUTHORITY FOR QUALIFYING STATES TO eligibility for benefits under title XIX and SECTION 1. SHORT TITLE. USE CERTAIN FUNDS FOR MEDICAID EXPENDI- this title. This section may be cited as the ‘‘T’uf TURES.— ‘‘(ii) ELIMINATION OF ASSET TEST.—The Shur Bien Preservation Trust Area Act’’. ‘‘(1) STATE OPTION.— State does not apply any asset test for eligi- SEC. 2. FINDINGS AND PURPOSES. ‘‘(A) IN GENERAL.—Notwithstanding any bility under section 1902(l) or this title with (a) FINDINGS.—Congress finds that— other provision of law, with respect to allot- respect to children. (1) in 1748, the Pueblo of Sandia received a ments for fiscal years 1998, 1999, 2000, 2001, for ‘‘(iii) ADOPTION OF 12-MONTH CONTINUOUS EN- grant from a representative of the King of fiscal years in which such allotments are ROLLMENT.—The State provides that eligi- Spain, which grant was recognized and con- available under subsections (e) and (g) of sec- bility shall not be regularly redetermined firmed by Congress in 1858 (11 Stat. 374); and tion 2104, a qualifying State (as defined in more often than once every year under this (2) in 1994, the Pueblo filed a civil action paragraph (2)) may elect to use not more title or for children described in section against the Secretary of the Interior and the than 10 percent of such allotments (instead 1902(a)(10)(A). Secretary of Agriculture in the United of for expenditures under this title) for pay- ‘‘(iv) SAME VERIFICATION AND REDETERMINA- States District Court for the District of Co- ments for such fiscal year under title XIX in TION POLICIES; AUTOMATIC REASSESSMENT OF lumbia (Civil No. 1:94CV02624), asserting that accordance with subparagraph (B). ELIGIBILITY.—With respect to children who Federal surveys of the grant boundaries erro- ‘‘(B) PAYMENTS TO STATES.— are eligible for medical assistance under sec- neously excluded certain land within the ‘‘(i) IN GENERAL.—In the case of a quali- tion 1902(a)(10)(A), the State provides for ini- Cibola National Forest, including a portion fying State that has elected the option de- tial eligibility determinations and redeter- of the Sandia Mountain Wilderness.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.062 S17PT1 S1158 CONGRESSIONAL RECORD — SENATE January 17, 2003

(b) PURPOSES.—The purposes of this Act (8) NEW USE.— (3) to recognize and protect in perpetuity are— (A) IN GENERAL.—The term ‘‘new use’’ the longstanding use and enjoyment of the (1) to establish the T’uf Shur Bien Preser- means— Area by the public. vation Trust Area in the Cibola National (i) a use that is not occurring in the Area (b) ADMINISTRATION AND APPLICABLE LAW.— Forest; as of the date of enactment of this Act; and (1) IN GENERAL.—The Secretary shall con- (2) to confirm the status of national forest (ii) an existing use that is being modified tinue to administer the Area as part of the land and wilderness land in the Area while so as to be significantly expanded or altered National Forest System subject to and con- resolving issues associated with the civil ac- in scope, dimension, or impact on the land, sistent with the provisions of this Act affect- tion referred to in subsection (a)(2) and the water, air, or wildlife resources of the Area. ing management of the Area. opinions of the Solicitor of the Department (B) EXCLUSIONS.—The term ‘‘new use’’ does (2) TRADITIONAL OR CULTURAL USES.—Tradi- of the Interior dated December 9, 1988 (M– not include a use that— tional or cultural uses by Pueblo members 36963; 96 I.D. 331) and January 19, 2001 (M– (i) is categorically excluded from docu- and members of other federally-recognized 37002); and mentation requirements under the National Indian tribes authorized to use the Area by (3) to provide the Pueblo, the parties to the Environmental Policy Act of 1969 (42 U.S.C. the Pueblo under section 5(a)(4) shall not be civil action, and the public with a fair and 4321 et seq.); or restricted except by— just settlement of the Pueblo’s claim. (ii) is carried out to comply with the En- (A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including regulations promulgated SEC. 3. DEFINITIONS. dangered Species Act of 1973 (16 U.S.C. 1531 et seq.). under that Act) as in effect on the date of en- In this Act: (9) PIEDRA LISA TRACT.—The term ‘‘Piedra actment of this Act; and (1) AREA.— Lisa tract’’ means the tract comprised of ap- (B) applicable Federal wildlife protection (A) IN GENERAL.—The term ‘‘Area’’ means proximately 160 acres of land owned by the laws, as provided in section 6(a)(2). the T’uf Shur Bien Preservation Trust Area, Pueblo and depicted on the map. (3) LATER ENACTMENTS.—To the extent that comprised of approximately 9890 acres of (10) PUEBLO.—The term ‘‘Pueblo’’ means any law enacted or amended after the date of land in the Cibola National Forest, as de- the Pueblo of Sandia in its governmental ca- enactment of this Act is inconsistent with picted on the map. pacity. this Act, the law shall not apply to the Area (B) EXCLUSIONS.—The term ‘‘Area’’ does (11) SECRETARY.—The term ‘‘Secretary’’ unless expressly made applicable by Con- not include— means the Secretary of Agriculture, acting gress. (i) the subdivisions; through the Chief of the Forest Service. (4) TRUST.—The use of the word ‘‘Trust’’ in (ii) Pueblo-owned land; (12) SETTLEMENT AGREEMENT.—The term the name of the Area— (iii) the crest facilities; or ‘‘Settlement Agreement’’ means the Agree- (A) is in recognition of the specific rights (iv) the special use permit area. ment of Compromise and Settlement dated and interests of the Pueblo in the Area; and (2) CREST FACILITIES.—The term ‘‘crest fa- April 4, 2000, among the United States, the (B) does not confer on the Pueblo the own- cilities’’ means— Pueblo, and the Sandia Peak Tram Com- ership interest that exists in a case in which (A) all facilities and developments located pany. the Secretary of the Interior accepts the on the crest of Sandia Mountain, including (13) SPECIAL USE PERMIT.—The term ‘‘spe- title to land held in trust for the benefit of the Sandia Crest Electronic Site; cial use permit’’ means the Special Use Per- an Indian tribe. (B) electronic site access roads; mit issued December 1, 1993, by the Sec- (c) MAP.— (C) the Crest House; retary to Sandia Peak Tram Company and (1) FILING.—As soon as practicable after (D) the upper terminal, restaurant, and re- Sandia Peak Ski Company the date of enactment of this Act, the Sec- lated facilities of Sandia Peak Tram Com- (14) SPECIAL USE PERMIT AREA.— retary shall file the map and a legal descrip- pany; (A) IN GENERAL.—The term ‘‘special use tion of the Area with the Committee on Re- (E) the Crest Observation Area; permit area’’ means the land and facilities sources of the House of Representatives and (F) parking lots; subject to the special use permit. with the Committee on Energy and Natural (G) restrooms; (B) INCLUSIONS.—The term ‘‘special use Resources of the Senate. (H) the Crest Trail (Trail No. 130); permit area’’ includes— (2) PUBLIC AVAILABILITY.—The map and (I) hang glider launch sites; (i) approximately 46 acres of land used as legal description shall be on file and avail- (J) the Kiwanis cabin; and an aerial tramway corridor; able for public inspection in the Office of the (K) the land on which the facilities de- (ii) approximately 945 acres of land used as Chief of the Forest Service, Washington, Dis- scribed in subparagraphs (A) through (J) are a ski area; and trict of Columbia. located and the land extending 100 feet along (iii) the land and facilities described in Ex- (3) EFFECT.—The map and legal description terrain to the west of each such facility, un- hibit A to the special use permit, including— filed under paragraph (1) shall have the same less a different distance is agreed to in writ- (I) the maintenance road to the lower tram effect as if the map and legal description ing by the Secretary and the Pueblo and doc- tower; were included in this Act, except that— umented in the survey of the Area. (II) water storage and water distribution (A) technical and typographical errors (3) EXISTING USE.—The term ‘‘existing use’’ facilities; and shall be corrected; means a use that— (III) 7 helispots. (B) changes that may be necessary under (A) is occurring in the Area as of the date (15) SUBDIVISION.—The term ‘‘subdivision’’ subsection (b), (d), or (e) of section 9 or sub- of enactment of this Act; or means— section (b) or (c) of section 13 shall be made; (B) is authorized in the Area after Novem- (A) the subdivision of— and ber 1, 1995, but before the date of enactment (i) Sandia Heights Addition; (C) to the extent that the map and the lan- of this Act. (ii) Sandia Heights North Unit I, II, or 3; guage of this Act conflict, the language of (4) LA LUZ TRACT.—The term ‘‘La Luz (iii) Tierra Monte; this Act shall control. tract’’ means the tract comprised of approxi- (iv) Valley View Acres; or (d) NO CONVEYANCE OF TITLE.—No right, mately 31 acres of land owned in fee by the (v) Evergreen Hills; and title, or interest of the United States in or to Pueblo and depicted on the map. (B) any additional plat or privately-owned the Area or any part of the Area shall be (5) LOCAL PUBLIC BODY.—The term ‘‘local property depicted on the map. conveyed to or exchanged with any person, public body’’ means a political subdivision of (16) TRADITIONAL OR CULTURAL USE.—The trust, or governmental entity, including the the State of New Mexico (as defined in New term ‘‘traditional or cultural use’’ means— Pueblo, without specific authorization of Mexico Code 6–5–1). (A) a ceremonial activity (including the Congress. (6) MAP.—The term ‘‘map’’ means the For- placing of ceremonial materials in the Area); (e) PROHIBITED USES.— est Service map entitled ‘‘T’uf Shur Bien and (1) IN GENERAL.—Notwithstanding any Preservation Trust Area’’ and dated April (B) the use, hunting, trapping, or gathering other provision of law— 2000. of plants, animals, wood, water, and other (A) no use prohibited by the Wilderness (7) MODIFIED USE.— natural resources for a noncommercial pur- Act (16 U.S.C. 1131 et seq.) as of the date of (A) IN GENERAL.—The term ‘‘modified use’’ pose. enactment of this Act shall be permitted in means an existing use that, at any time after SEC. 4. T’UF SHUR BIEN PRESERVATION TRUST the wilderness portion of the Area; and the date of enactment of this Act, is modi- AREA. (B) none of the following uses shall be per- fied or reconfigured but not significantly ex- (a) ESTABLISHMENT.—The T’uf Shur Bien mitted in any portion of the Area: panded. Preservation Trust Area is established with- (i) Gaming or gambling. (B) INCLUSIONS.—The term ‘‘modified use’’ in the Cibola National Forest and the Sandia (ii) Mineral production. includes— Mountain Wilderness as depicted on the (iii) Timber production. (i) a trail or trailhead being modified, such map— (iv) Any new use to which the Pueblo ob- as to accommodate handicapped access; (1) to recognize and protect in perpetuity jects under section 5(a)(3). (ii) a parking area being reconfigured (but the rights and interests of the Pueblo in and (2) MINING CLAIMS.—The Area is closed to not expanded); and to the Area, as specified in section 5(a); the location of mining claims under Section (iii) a special use authorization for a group (2) to preserve in perpetuity the national 2320 of the Revised Statutes (30 U.S.C. 23) recreation use being authorized for a dif- forest and wilderness character of the Area; (commonly known as the ‘‘Mining Law of ferent use area or time period. and 1872’’).

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(f) NO MODIFICATION OF BOUNDARIES.—Es- a Federal wildlife offense requiring proof of a (a)(2), the process for dispute resolution spec- tablishment of the Area shall not— violation of a State law (including regula- ified in this subsection shall apply. (1) affect the boundaries of or repeal or dis- tions). (2) DISPUTE RESOLUTION PROCESS.— establish the Sandia Mountain Wilderness or SEC. 7. MANAGEMENT OF THE AREA. (A) IN GENERAL.—In the case of a conflict the Cibola National Forest; or (a) PROCESS.— described in paragraph (1)— (2) modify the existing boundary of the (1) IN GENERAL.—The Secretary shall con- (i) the party identifying the conflict shall Pueblo grant. sult with the Pueblo not less than twice each notify the other party in writing addressed SEC. 5. PUEBLO RIGHTS AND INTERESTS IN THE year, unless otherwise mutually agreed, con- to the Governor of the Pueblo or the Re- AREA. cerning protection, preservation, and man- gional Forester, as appropriate, specifying (a) IN GENERAL.—The Pueblo shall have the agement of the Area (including proposed new the nature of the dispute; and following rights and interests in the Area: uses and modified uses in the Area and au- (ii) the Governor of the Pueblo or the Re- (1) Free and unrestricted access to the thorizations that are anticipated during the gional Forester shall attempt to resolve the Area for traditional or cultural uses, to the next 6 months and were approved in the pre- dispute for a period of at least 30 days after extent that those uses are not inconsistent ceding 6 months). notice has been provided before bringing a with— (2) NEW USES.— civil action in the United States District (A) the Wilderness Act (16 U.S.C. 1131 et (A) REQUEST FOR CONSENT AFTER CONSULTA- Court for the District of New Mexico. seq.) (including regulations promulgated TION.— (B) DISPUTES REQUIRING IMMEDIATE RESOLU- under that Act) as in effect on the date of en- (i) DENIAL OF CONSENT.—If the Pueblo de- TION.—In the case of a conflict that requires actment of this Act; or nies consent for a new use within 30 days immediate resolution to avoid imminent, (B) applicable Federal wildlife protection after completion of the consultation process, substantial, and irreparable harm— laws as provided in section 6(a)(2). the Secretary shall not proceed with the new (i) the party identifying the conflict shall (2) Perpetual preservation of the national use. notify the other party and seek to resolve forest and wilderness character of the Area (ii) GRANTING OF CONSENT.—If the Pueblo the dispute within 3 days of the date of noti- under this Act. consents to the new use in writing or fails to fication; and (3) Rights in the management of the Area respond within 30 days after completion of (ii) if the parties are unable to resolve the as specified in section 7, including— the consultation process, the Secretary may dispute within 3 days— (A) the right to consent or withhold con- proceed with the notice and comment proc- (I) either party may bring a civil action for sent to a new use; ess and the environmental analysis. immediate relief in the United States Dis- (B) the right to consultation regarding a (B) FINAL REQUEST FOR CONSENT.— trict Court for the District of New Mexico; modified use; (i) REQUEST.—Before the Secretary (or a and (C) the right to consultation regarding the designee) signs a record of decision or deci- (II) the procedural requirements specified management and preservation of the Area; sion notice for a proposed new use, the Sec- in subparagraph (A) shall not apply. and retary shall again request the consent of the SEC. 8. JURISDICTION OVER THE AREA. (D) the right to dispute resolution proce- Pueblo. (a) CRIMINAL JURISDICTION.— dures. (ii) DENIAL OF CONSENT.—If the Pueblo de- (1) IN GENERAL.—Notwithstanding any (4) Exclusive authority, in accordance with nies consent for a new use within 30 days other provision of law, jurisdiction over the customs and laws of the Pueblo, to ad- after receipt by the Pueblo of the proposed crimes committed in the Area shall be allo- minister access to the Area for traditional or record of decision or decision notice, the new cated as provided in this paragraph. cultural uses by members of the Pueblo and use shall not be authorized. (2) JURISDICTION OF THE PUEBLO.—The of other federally-recognized Indian tribes. (iii) FAILURE TO RESPOND.—If the Pueblo Pueblo shall have jurisdiction over an of- (5) Such other rights and interests as are fails to respond to the consent request with- fense committed by a member of the Pueblo recognized in sections 4, 5(c), 7, 8, and 9. in 30 days after receipt of the proposed or of another federally-recognized Indian (b) ACCESS.—Except as provided in sub- record of decision or decision notice— tribe who is present in the Area with the per- section (a)(4), access to and use of the Area (I) the Pueblo shall be deemed to have con- mission of the Pueblo under section 5(a)(4). for all other purposes shall continue to be sented to the proposed record of decision or (3) JURISDICTION OF THE UNITED STATES.— administered by the Secretary. decision notice; and The United States shall have jurisdiction (c) COMPENSABLE INTEREST.— (II) the Secretary may proceed to issue the over— (1) IN GENERAL.—If, by an Act of Congress final record of decision or decision notice. (A) an offense described in section 1153 of enacted after the date of enactment of this (3) PUBLIC INVOLVEMENT.— title 18, United States Code, committed by a Act, Congress diminishes the national forest (A) IN GENERAL.—With respect to a pro- member of the Pueblo or another federally- or wilderness designation of the Area by au- posed new use or modified use, the public recognized Indian tribe; thorizing a use prohibited by section 4(e) in shall be provided notice of— (B) an offense committed by any person in all or any portion of the Area, or denies the (i) the purpose and need for the proposed violation of the laws (including regulations) Pueblo access for any traditional or cultural new use or modified use; pertaining to the protection and manage- use in all or any portion of the Area— (ii) the role of the Pueblo in the decision- ment of national forests; (A) the United States shall compensate the making process; and (C) enforcement of Federal criminal laws Pueblo as if the Pueblo held a fee title inter- (iii) the position of the Pueblo on the proof general applicability; and est in the affected portion of the Area and as posal. (D) any other offense committed by a though the United States had acquired such (B) COURT CHALLENGE.—Any person may member of the Pueblo against a person not a an interest by legislative exercise of the bring a civil action in the United States Dis- member of the Pueblo. power of eminent domain; and trict Court for the District of New Mexico to (4) JURISDICTION OF THE STATE OF NEW MEX- (B) the restrictions of sections 4(e) and 6(a) challenge a determination by the Secretary ICO.—The State of New Mexico shall have ju- shall be disregarded in determining just concerning whether a use constitutes a new risdiction over an offense under the law of compensation owed to the Pueblo. use or a modified use. the State committed by a person not a mem- (2) EFFECT.—Any compensation made to (b) EMERGENCIES AND EMERGENCY CLOSURE ber of the Pueblo. the Pueblo under paragraph (c) shall not af- ORDERS.— (5) OVERLAPPING JURISDICTION.—To the ex- fect the extinguishment of claims under sec- (1) AUTHORITY.—The Secretary shall retain tent that the respective allocations of juris- tion 10. the authority of the Secretary to manage diction over the Area under paragraphs (2), SEC. 6. LIMITATIONS ON PUEBLO RIGHTS AND IN- emergency situations, to— (3), and (4) overlap, the governments shall TERESTS IN THE AREA. (A) provide for public safety; and have concurrent jurisdiction. (a) LIMITATIONS.—The rights and interests (B) issue emergency closure orders in the (6) FEDERAL USE OF STATE LAW.—Under the of the Pueblo recognized in this Act do not Area subject to applicable law. jurisdiction of the United States described in include— (2) NOTICE.—The Secretary shall notify the paragraph (3)(D), Federal law shall incor- (1) any right to sell, grant, lease, convey, Pueblo regarding emergencies, public safety porate any offense defined and punishable encumber, or exchange land or any interest issues, and emergency closure orders as soon under State law that is not so defined under in land in the Area (and any such convey- as practicable. Federal law. ance shall not have validity in law or eq- (3) NO CONSENT.—An action of the Sec- (b) CIVIL JURISDICTION.— uity); retary described in paragraph (1) shall not (1) IN GENERAL.—Except as provided in (2) any exemption from applicable Federal require the consent of the Pueblo. paragraphs (2) and (3), the United States, the wildlife protection laws; (c) DISPUTES INVOLVING FOREST SERVICE State of New Mexico, and local public bodies (3) any right to engage in a use prohibited MANAGEMENT AND PUEBLO TRADITIONAL shall have the same civil adjudicatory, regu- by section 4(e); or USES.— latory, and taxing jurisdiction over the Area (4) any right to exclude persons or govern- (1) IN GENERAL.—In a case in which the as was exercised by those entities on the day mental entities from the Area. management of the Area by the Secretary before the date of enactment of this Act. (b) EXCEPTION.—No person who exercises conflicts with a traditional or cultural use, if (2) JURISDICTION OF THE PUEBLO.— traditional or cultural use rights as author- the conflict does not pertain to a new use (A) IN GENERAL.—The Pueblo shall have ex- ized by section 5(a)(4) may be prosecuted for subject to the process specified in subsection clusive civil adjudicatory jurisdiction over—

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(i) a dispute involving only members of the (3) APPLICABILITY OF CERTAIN RESTRIC- leasehold and easement rights and interests Pueblo; TION.—The restriction contained in section of the Sandia Peak Tram Company and its (ii) a civil action brought by the Pueblo 6(a)(4) shall not apply outside of Forest Serv- affiliates, the Sandia Heights South Subdivi- against a member of the Pueblo; and ice System trails. sion, and the Area— (iii) a civil action brought by the Pueblo (c) CREST FACILITIES.— (i) a right-of-way for Tramway Road; against a member of another federally-recog- (1) IN GENERAL.—The land on which the (ii) a right-of-way for Juniper Hill Road nized Indian tribe for a violation of an under- crest facilities are located is excluded from North; standing between the Pueblo and the other the Area. (iii) a right-of-way for Juniper Hill Road tribe regarding use of or access to the Area (2) JURISDICTION.—The Pueblo shall have South; for traditional or cultural uses. no civil or criminal jurisdiction for any pur- (iv) a right-of-way for Sandia Heights (B) REGULATORY JURISDICTION.—The Pueblo pose, including adjudicatory, taxing, zoning, Road; and shall have no regulatory jurisdiction over regulatory or any other form of jurisdiction, (v) a right-of-way for Juan Tabo Canyon the Area, except that the Pueblo shall have over the land on which the crest facilities Road (Forest Road No. 333). exclusive authority to— are located and property interests therein, (B) CONDITIONS.—The road rights-of-way (i) regulate traditional or cultural uses by and the laws of the Pueblo, shall not apply to shall be subject to the following conditions: the members of the Pueblo and administer that land. The preexisting jurisdictional sta- (i) Such rights-of-way may not be expanded access to the Area by other federally-recog- tus of that land shall continue in effect. or otherwise modified without the Pueblo’s nized Indian tribes for traditional or cultural (d) SPECIAL USE PERMIT AREA.— written consent, but road maintenance to uses, to the extent such regulation is con- (1) IN GENERAL.—The land described in the the rights-of-way shall not be subject to sistent with this Act; and special use permit is excluded from the Area. Pueblo consent. (ii) regulate hunting and trapping in the (2) JURISDICTION.— (ii) The rights-of-way shall not authorize Area by members of the Pueblo, to the ex- (A) IN GENERAL.—The Pueblo shall have no uses for any purpose other than roads with- tent that the hunting or trapping is related civil or criminal jurisdiction for any pur- out the Pueblo’s written consent. to traditional or cultural uses, except that pose, including adjudicatory, taxing, zoning, (iii) Except as provided in the Settlement such hunting and trapping outside of that regulatory, or any other form of jurisdiction, Agreement, existing rights-of-way or lease- portion of the Area in sections 13, 14, 23, 24, over the land described in the special use hold interests and obligations held by the and the northeast quarter of section 25 of permit, and the laws of the Pueblo shall not Sandia Peak Tram Company and its affili- T12N, R4E, and section 19 of T12N, R5E, apply to that land. ates, shall be preserved, protected, and unaf- N.M.P.M., Sandoval County, New Mexico, (B) PREEXISTING STATUS.—The preexisting fected by this Act. shall be regulated by the Pueblo in a manner jurisdictional status of that land shall con- (2) UTILITY RIGHTS-OF-WAY.—In accordance consistent with the regulations of the State tinue in effect. with the Pueblo having given its consent in of New Mexico concerning types of weapons (3) AMENDMENT TO PLAN.—In the event the the Settlement Agreement, the Secretary of and proximity of hunting and trapping to special use permit, during its existing term the Interior shall grant irrevocable utility trails and residences. or any future terms or extensions, requires rights-of-way in perpetuity across Pueblo (C) TAXING JURISDICTION.—The Pueblo shall amendment to include other land in the Area land to appropriate utility or other service have no authority to impose taxes within the necessary to realign the existing or any fu- providers serving Sandia Heights Addition, Area. ture replacement tram line, associated Sandia Heights North Units I, II, and 3, the (3) STATE AND LOCAL TAXING JURISDICTION.— structures, or facilities, the land subject to special use permit land, Tierra Monte, and The State of New Mexico and local public that amendment shall thereafter be excluded Valley View Acres, including rights-of-way bodies shall have no authority within the from the Area and shall have the same sta- for natural gas, power, water, telecommuni- Area to tax the uses or the property of the tus under this Act as the land currently de- cations, and cable television services. Such Pueblo, members of the Pueblo, or members scribed in the special use permit. rights-of-way shall be within existing utility of other federally-recognized Indian tribes (4) LAND DEDICATED TO AERIAL TRAMWAY corridors as depicted on the map or, for cer- authorized to use the Area under section AND RELATED USES.—Any land dedicated to tain water lines, as described in the existing 5(a)(4). aerial tramway and related uses and associ- grant of easement to the Sandia Peak Util- SEC. 9. SUBDIVISIONS AND OTHER PROPERTY IN- ated facilities that are excluded from the ity Company; provided that use of water line TERESTS. special use permit through expiration, ter- (a) SUBDIVISIONS.— easements outside the utility corridors de- mination or the amendment process shall (1) IN GENERAL.—The subdivisions are ex- picted on the map shall not be used for util- thereafter be included in the Area, but only cluded from the Area. ity purposes other than water lines and asso- after final agency action no longer subject to (2) JURISDICTION.— ciated facilities. Except where above-ground any appeals. (A) IN GENERAL.—The Pueblo shall have no facilities already exist, all new utility facili- (e) LA LUZ TRACT.— ties shall be installed underground unless civil or criminal jurisdiction for any pur- (1) IN GENERAL.—The La Luz tract now pose, including adjudicatory, taxing, zoning, the Pueblo agrees otherwise. To the extent owned in fee by the Pueblo is excluded from that enlargement of existing utility cor- regulatory or any other form of jurisdiction, the Area and, on application by the Pueblo, over the subdivisions and property interests ridors is required for any technologically-ad- shall be transferred to the United States and vanced telecommunication, television, or therein, and the laws of the Pueblo shall not held in trust for the Pueblo by the United apply to the subdivisions. utility services, the Pueblo shall not unrea- States and administered by the Secretary of sonably withhold agreement to a reasonable (B) STATE JURISDICTION.—The jurisdiction the Interior subject to all limitations on use of the State of New Mexico and local public enlargement of the easements described pertaining to the Area contained in this Act. above. bodies over the subdivisions and property in- (2) NONAPPLICABILITY OF CERTAIN RESTRIC- terests therein shall continue in effect, ex- (3) FOREST SERVICE RIGHTS-OF-WAY.—In ac- TION.—The restriction contained in section cordance with the Pueblo having given its cept that on application of the Pueblo a 6(a)(4) shall not apply outside of Forest Serv- tract comprised of approximately 35 contig- consent in the Settlement Agreement, the ice System trails. Secretary of the Interior shall grant to the uous, nonsubdivided acres in the northern (f) EVERGREEN HILLS ACCESS.—The Sec- section of Evergreen Hills owned in fee by Forest Service the following irrevocable retary shall ensure that Forest Service Road rights-of-way in perpetuity for Forest Serv- the Pueblo at the time of enactment of this 333D, as depicted on the map, is maintained ice trails crossing land of the Pueblo in order Act, shall be transferred to the United in an adequate condition in accordance with to provide for public access to the Area and States and held in trust for the Pueblo by section 1323(a) of the Alaska National Inter- through Pueblo land— the United States and administered by the est Lands Conservation Act (16 U.S.C. (A) a right-of-way for a portion of the Secretary of the Interior. 3210(a)). Crest Spur Trail (Trail No. 84), crossing a (3) LIMITATIONS ON TRUST LAND.—Trust (g) PUEBLO FEE LAND.—Those properties land described in paragraph (2)(B) shall be not specifically addressed in subsections (a) portion of the La Luz tract, as identified on subject to all limitations on use pertaining or (e) that are owned in fee by the Pueblo the map; to the Area contained in this Act. within the subdivisions are excluded from (B) a right-of-way for the extension of the (b) PIEDRA LISA.— the Area and shall be subject to the jurisdic- Foothills Trail (Trail No. 365A), as identified (1) IN GENERAL.—The Piedra Lisa tract is tional provisions of subsection (a). on the map; and excluded from the Area. (h) RIGHTS-OF-WAY.— (C) a right-of-way for that portion of the (2) DECLARATION OF TRUST TITLE.—The (1) ROAD RIGHTS-OF-WAY.— Piedra Lisa North-South Trail (Trail No. 135) Piedra Lisa tract— (A) IN GENERAL.—In accordance with the crossing the Piedra Lisa tract. (A) shall be transferred to the United Pueblo having given its consent in the Set- SEC. 10. EXTINGUISHMENT OF CLAIMS. States; tlement Agreement, the Secretary of the In- (a) IN GENERAL.—Except for the rights and (B) is declared to be held in trust for the terior shall grant to the County of interests in and to the Area specifically rec- Pueblo by the United States; and Bernalillo, New Mexico, in perpetuity, the ognized in sections 4, 5, 7, 8, and 9, all Pueblo (C) shall be administered by the Secretary following irrevocable rights-of-way for roads claims to right, title and interest of any of the Interior subject to all limitations on identified on the map in order to provide for kind, including aboriginal claims, in and to use pertaining to the Area contained in this public access to the subdivisions, the special land within the Area, any part thereof, and Act. use permit land and facilities, the other property interests therein, as well as related

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boundary, survey, trespass, and monetary record and subject to the applicable standard (c) LAND ACQUISITION AND OTHER COM- damage claims, are permanently extin- of review set forth in section 706 of title 5, PENSATION.— guished. The United States’ title to the Area United States Code. (1) IN GENERAL.—The Secretary may ac- is confirmed. (b) WAIVER.—A civil action may be brought quire land owned by the Pueblo within the (b) SUBDIVISIONS.—Any Pueblo claims to against the Pueblo for declaratory judgment Evergreen Hills Subdivision in Sandoval right, title and interest of any kind, includ- or injunctive relief under this Act, but no County or any other privately held land in- ing aboriginal claims, in and to the subdivi- money damages, including costs or attor- side of the exterior boundaries of the Area. sions and property interests therein (except ney’s fees, may be imposed on the Pueblo as The boundaries of the Cibola National Forest for land owned in fee by the Pueblo as of the a result of such judicial action. and the Area shall be adjusted to encompass date of enactment of this Act), as well as re- (c) VENUE.—Venue for any civil action pro- any land acquired pursuant to this section. vided for in this section, as well as any civil lated boundary, survey, trespass, and mone- (2) PIEDRA LISA TRACT.—The Secretary tary damage claims, are permanently extin- action to contest the constitutionality of shall compensate the Pueblo for the fair this Act, shall lie only in the United States guished. market value of— District Court for the District of New Mex- (c) SPECIAL USE AND CREST FACILITIES (A) the right-of-way established pursuant ico. AREAS.—Any Pueblo right, title and interest to section 9(h)(3)(C); and of any kind, including aboriginal claims, and SEC. 13. PROVISIONS RELATING TO CONTRIBU- (B) the conservation easement established TIONS AND LAND EXCHANGE. related boundary, survey, trespass, and mon- by the limitations on use of the Piedra Lisa (a) CONTRIBUTIONS.— etary damage claims, are permanently extin- tract pursuant to section 9(b)(2). (1) IN GENERAL.—The Secretary may accept guished in and to— contributions from the Pueblo, or from other (d) REIMBURSEMENT OF CERTAIN COSTS.— (1) the land described in the special use persons or governmental entities— (1) IN GENERAL.—The Pueblo, the County of permit; and (A) to perform and complete a survey of Bernalillo, New Mexico, and any person that (2) the land on which the crest facilities the Area; or owns or has owned property inside of the ex- are located. (B) to carry out any other project or activ- terior boundaries of the Area as designated (d) PUEBLO AGREEMENT.—As provided in ity for the benefit of the Area in accordance on the map, and who has incurred actual and the Settlement Agreement, the Pueblo has with this Act. direct costs as a result of participating in agreed to the relinquishment and extinguish- (2) DEADLINE.—Not later than 1 year after the case of Pueblo of Sandia v. Babbitt, Civ. ment of those claims, rights, titles and inter- the date of enactment of this Act, the Sec- No. 94–2624 HHG (D.D.C.), or other pro- ests extinguished pursuant to subsection (a), retary shall complete the survey of the Area ceedings directly related to resolving the (b) and (c). under paragraph (1)(A). issues litigated in that case, may apply for (e) CONSIDERATION.—The recognition of the (b) LAND EXCHANGE.— reimbursement in accordance with this sec- Pueblo’s rights and interests in this Act con- (1) IN GENERAL.—Not later than 180 days tion. Costs directly related to such participa- stitutes adequate consideration for the Pueb- after the date of enactment of this Act, after tion which shall qualify for reimbursement lo’s agreement to the extinguishment of the consultation with the Pueblo, the Secretary shall be— Pueblo’s claims in this section and the right- shall, in accordance with applicable laws, (A) dues or payments to a homeowner asso- of-way grants contained in section 9, and it prepare and offer a land exchange of Na- ciation for the purpose of legal representa- is the intent of Congress that those rights tional Forest land outside the Area and con- tion; and and interests may only be diminished by a tiguous to the northern boundary of the (B) legal fees and related expenses. future Act of Congress specifically author- Pueblo’s Reservation within sections 10, 11, (2) TREATMENT OF REIMBURSEMENT.—Any izing diminishment of such rights, with ex- and 14 of T12N, R4E, N.M.P.M., Sandoval reimbursement provided in this subsection press reference to this Act. County, New Mexico excluding Wilderness shall be in lieu of that which might other- SEC. 11. CONSTRUCTION. land, for land owned by the Pueblo in the Ev- wise be available pursuant to the Equal Ac- (a) STRICT CONSTRUCTION.—This Act recog- ergreen Hills subdivision in Sandoval County cess to Justice Act (24 U.S.C. 2412). nizes only enumerated rights and interests, contiguous to National Forest land, and the (3) PAYMENTS.—The Secretary of the Treas- and no additional rights, interests, obliga- La Luz tract in Bernalillo County. ury shall make reimbursement payments as tions, or duties shall be created by implica- (2) ACCEPTANCE OF PAYMENT.—Notwith- provided in this section out of any money tion. standing section 206(b) of the Federal Land not otherwise appropriated. (b) EXISTING RIGHTS.—To the extent there Policy and Management Act (43 U.S.C. (4) APPLICATIONS.—Not later than 180 days exist within the Area as of the date of enact- 1716(b)), the Secretary may either make or after the date of enactment of this Act, ap- ment of this Act any valid private property accept a cash equalization payment in excess plications for reimbursement shall be filed rights associated with private land that are of 25 percent of the total value of the land or with the Department of the Treasury, Finan- not otherwise addressed in this Act, such interests transferred out of Federal owner- cial Management Service, Washington, D.C. rights are not modified or otherwise affected ship. (5) MAXIMUM REIMBURSEMENT.—In no event by this Act, nor is the exercise of any such (3) FUNDS RECEIVED.—Any funds received shall any 1 party be compensated in excess of right subject to the Pueblo’s right to with- by the Secretary as a result of the exchange $750,000 and the total amount reimbursed hold consent to new uses in the Area as set shall be deposited in the fund established pursuant to this section shall not exceed forth in section 5(a)(3)(A). under the Act of December 4, 1967, known as $3,000,000. (c) NOT PRECEDENT.—The provisions of this the Sisk Act (16 U.S.C. 484a), and shall be SEC. 14. AUTHORIZATION OF APPROPRIATIONS. Act creating certain rights and interests in available to purchase non-Federal land with- There are authorized to be appropriated the National Forest System are uniquely in or adjacent to the National Forests in the such sums as are necessary to carry out this suited to resolve the Pueblo’s claim and the State of New Mexico. Act, including such sums as are necessary geographic and societal situation involved, (4) TREATMENT OF LAND EXCHANGED OR CON- for the Forest Service, in accordance with and shall not be construed as precedent for VEYED.—All land exchanged or conveyed to section 13(c), to acquire ownership of, or any other situation involving management the Pueblo is declared to be held in trust for other interests in or to, land within the ex- of the National Forest System. the Pueblo by the United States and added ternal boundaries of the Area. (d) FISH AND WILDLIFE.—Except as provided to the Pueblo’s Reservation subject to all ex- SEC. 15. EFFECTIVE DATE. in section 8(b)(2)(B), nothing in this Act shall isting and outstanding rights and shall re- The provisions of this Act shall take effect be construed as affecting the responsibilities main in its natural state and shall not be immediately on enactment of this Act. of the State of New Mexico with respect to subject to commercial development of any fish and wildlife, including the regulation of kind. Land exchanged or conveyed to the SA 44. Mr. MCCAIN proposed an hunting, fishing, or trapping within the Forest Service shall be subject to all limita- Area. amendment to the joint resolution H.J. tions on use pertaining to the Area under Res. 2, making further continuing ap- (e) FEDERAL LAND POLICY AND MANAGE- this Act. propriations for the fiscal year 2003, MENT ACT.—Section 316 of the Federal Land (5) FAILURE TO MAKE OFFER.—If the land ex- Policy and Management Act of 1976 (43 change offer is not made by the date that is and for other purposes; as follows: U.S.C. 1746) is amended by adding at the end 180 days after the date of enactment of this Beginning with line 12 on page 138, strike the following: ‘‘Any corrections authorized Act, the Secretary shall submit to the Com- through line 14 on page 141. by this section which affect the boundaries mittee on Energy and Natural Resources of of, or jurisdiction over, land administered by the United States Senate and the Committee SA 45. Mr. KYL submitted an amend- another Federal agency shall be made only on Resources of the United States House of ment intended to be proposed by him after consultation with, and the approval of, Representatives, a report explaining the rea- to the joint resolution H.J. Res. 2, the head of such other agency.’’ sons for the failure to make the offer includ- making further continuing appropria- SEC. 12. JUDICIAL REVIEW. ing an assessment of the need for any addi- tions for the fiscal year 2003, and for (a) ENFORCEMENT.—A civil action to en- tional legislation that may be necessary for force the provisions of this Act may be the exchange. If additional legislation is not other purposes; which was ordered to brought to the extent permitted under chap- necessary, the Secretary, consistent with lie on the table; as follows: ter 7 of title 5, United States Code. Judicial this section, should proceed with the ex- On page 402, line 10, after ‘‘committees’’ in- review shall be based on the administrative change pursuant to existing law. sert ‘‘: Provided further, That funds made

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.069 S17PT1 S1162 CONGRESSIONAL RECORD — SENATE January 17, 2003 available under the preceding proviso may the invitation to bid, the Secretary shall de- her to the joint resolution H.J. Res. 2, only be available for wind-up costs of termine a bid score by dividing the bid’s dol- making further continuing appropria- KEDO’’. lar amount by the average annual total ex- tions for the fiscal year 2003, and for vessel dollar value of landings of Pacific other purposes; which was ordered to SA 46. Mr. WYDEN (for himself and groundfish, Dungeness crab, and Pink shrimp lie on the table; as follows: Mr. SMITH) submitted an amendment based on the 3 highest total annual revenues intended to be proposed by him to the earned from such stocks that the bidder’s re- On page 486, line 9, insert the following: Sec. . Congress reaffirms its original in- joint resolution H.J. Res. 2, making duction vessel landed during 1998, 1999, 2000, or 2001. For purposes of this paragraph, the tent that the Herger-Feinstein Quincy Li- further continuing appropriations for term ‘‘total annual revenue’’ means the rev- brary Group Forest Recovery Act of 1998 be the fiscal year 2003, and for other pur- enue earned in a single year from such implemented, and hereby extends the expira- poses; which was ordered to lie on the stocks. The Secretary shall accept each tion of the Quincy Library Group Act by five table; as follows: qualified bid in rank order of bid score from years. On page , between lines and , insert the the lowest to the highest until acceptance of following new section: the next qualified bid with the next lowest SA 48. Mr. SARBANES (for himself SEC. . WEST COAST GROUNDFISH FISHERY CA- bid score would cause the reduction cost to and Ms. MIKULSKI) submitted an PACITY REDUCTION. exceed the reduction loan’s maximum amendment intended to be proposed by (1) The Secretary of Commerce shall imple- amount. Acceptance of a bid by the Sec- him to the joint resolution H.J. Res. 2, ment a fishing capacity reduction program retary shall create a binding reduction con- making further continuing appropria- tract between the United States and the per- for the West Coast groundfish fishery pursu- tions for the fiscal year 2003, and for ant to section 212 of P.L. 107–206 and 16 son whose bid is accepted, the performance of which shall be subject only to the conclu- other purposes; which was ordered to U.S.C. 1861a(b)–(e) except that: the program lie on the table; as follows: may apply to multiple fisheries, except that: sion of a successful referendum, except that Within 90 days after the date of enactment of a person whose bid is accepted by the Sec- On page 787, after line 25, add the fol- this Act, the Secretary shall publish a public retary under this section shall relinquish all lowing: notice in the Federal Register and issue an permits in the reduction fishery and may SEC. 3ll. SUSQUEHANNA GREENWAY, MARY- invitation to bid for reduction payments Dungeness crab and Pink shrimp permits LAND. that specifies the contractual terms and con- issued by Washington, Oregon, or California; The table contained in section 1602 of the ditions under which bids shall be made and except that the Secretary shall revoke the Transportation Equity Act for the 21st Cen- accepted under this section; except that: Pacific groundfish permit, as well as all Fed- tury is amended in item 1603 (112 Stat. 316) Section 144(1)(K)(3) of Title I, Division B of eral fishery licenses, fishery permits, area, by striking ‘‘Construct pedestrian bicycle P.L. 106–554 shall apply to the program im- and species endorsements, and any other bridge across Susquehanna River between plemented by this section. fishery privileges issued to a vessel or vessels Havre de Grace and Perryville’’ and inserting (b) A reduction fishery is eligible for ca- (or to persons on the basis of their operation ‘‘Develop Lower Susquehanna Heritage pacity reduction under the program imple- or ownership of that vessel or vessels) re- Greenway, including acquisition of property, mented under this section, except that no moved under the program. construction of hiker-biker trails, and con- vessel harvesting and processing whiting in (g) The Secretary shall establish separate struction or use of docks, ferry boats, the catcher-processors sector (section 19 reduction loan sub-amounts and repayment bridges, or vans to convey bikers and pedes- fees for fish sellers in the reduction fishery 660.323(a)(4)(A) of title 50, Code of Federal trians across the Susquehanna River be- and for fish sellers in each of the fee-share Regulations) may participate in any capac- tween Cecil County and Harford County’’. fisheries by dividing the total ex-vessel dol- ity reduction referendum or industry fee es- lar value during the bid scoring period of all tablished under this section. SA 49. Mr. SARBANES (for himself reduction vessel landings from the reduction (c) A referendum on the industry fee sys- fishery and from each of the fee-share fish- and Ms. MIKULSKI) submitted an tem shall occur after bids have been sub- eries by the total such value of all such land- amendment intended to be proposed by mitted, and such bids have been accepted by ings for all such fisheries; and multiplying him to the joint resolution H.J. Res. 3, the Secretary, as follows: members of the re- the reduction loan amount by each of the to disapprove under the Congressional duction fishery, and persons who have been quotients resulting from each of the divi- Review Act the rule submitted by the issued Washington, Oregon, or California sions above. Each of the resulting products Dungeness Crab and Pink Shrimp permits, Centers for Medicare & Medicaid Serv- shall be the reduction loan sub-amount for ices, relating to revisions to payment shall be eligible to vote in the referendum to the reduction fishery and for each of the fee- approve an industry fee system; referendum share fisheries to which each of such prod- policies under the Medicare physician votes cast in each fishery shall be weighted ucts pertains; except that, each fish seller in fee schedule for calendar year 2003 and in proportion to the debt obligation of each the reduction fishery and in each of the fee- other items, published in the Federal fishery, as calculated in subsection (f) of this share fisheries shall pay the fees required by Register on December 31, 2002 (vol. 67, section; the industry fee system shall be ap- the reduction loan sub-amounts allocated to page 79966); which was ordered to lie on proved if the referendum votes cast in favor it under this paragraph; except that, the Sec- the table; as follows: of the proposed system constitute a simple retary may enter into agreements with At the appropriate place in the division re- majority of the participants voting; except Washington, Oregon, and California to col- lating to energy and water, insert the fol- that notwithstanding 5 U.S.C. 553 and 16 lect any fees established under this para- lowing: U.S.C. 1861a(e), the Secretary shall not pre- graph. pare or publish proposed or final regulations (h) Notwithstanding 46 U.S.C. App. SEC. ll. HERRING CREEK-TALL TIMBERS, for the implementation of the program under 1279(b)(4), the reduction loan’s term shall not MARYLAND. this section before the referendum is con- be less than 30 years. (a) IN GENERAL.—Using funds made avail- ducted. (1) It is the sense of the Congress that the able by this Act, the Secretary of the Army, (d) Nothing in this section shall be con- States of Washington, Oregon, and California acting through the Chief of Engineers, shall strued to prohibit the Pacific Fishery man- should revoke all relinquishment permits in provide immediate corrective maintenance agement Council from recommending, or the each of the fee-share fisheries immediately to the project at Herring Creek-Tall Tim- Secretary from approving, changes to any after reduction payment, and otherwise to bers, Maryland, at full Federal expense. fishery management plan, in accordance implement appropriate State fisheries man- (b) INCLUSIONS.—The corrective mainte- with applicable law; or the Secretary from agement and conservation provisions in each nance described in subsection (a), and any promulgating regulations (including regula- of the fee-share fisheries that establishes a other maintenance performed after the date tions governing this program), after an in- program that meets the requirements of 16 of enactment of this Act with respect to the dustry fee system has been approved by the U.S.C. 141861a(b)(1)(B) as if it were applicable project described in that subsection, shall in- reduction fishery. to fee-share fisheries. clude repair or replacement, as appropriate, (e) The Secretary shall determine, and (j) The term ‘‘fee-share fishery’’ means a of the foundation and structures adjacent state in the public notice published under fishery, other than the reduction fishery, and structurally integral to the project. paragraph (a), all program implementation whose members are eligible to vote in a ref- aspects the Secretary deems relevant. erendum for an industry fee system under SA 50. Mr. SARBANES submitted an (f) Any bid submitted in response to the in- paragraph (c). The term ‘‘reduction fishery’’ amendment intended to be proposed by vitation to bid issued by the Secretary under means that portion of a fishery holding lim- him to the joint resolution H.J. Res. 2, this section shall be irrevocable; the Sec- ited entry fishing permits endorsed for the making further continuing appropria- retary shall use a bid acceptance procedure operation of trawl gear and issued under the tions for the fiscal year 2003, and for that ranks each bid in accordance with this Federal Pacific Coast Groundfish Fishery paragraph and with additional criteria, if Management Plan. other purposes; which was ordered to any, established by the Secretary: for each lie on the table; as follows: bid from a qualified bidder that meets the SA 47. Mrs. FEINSTEIN submitted an On page 486, between lines 8 and 9, insert bidding requirements in the public notice or amendment intended to be proposed by the following:

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.070 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1163 SEC. ll. REPORT ON AVIAN MORTAILITY AT Notwithstanding any other provision of law, entry-exit system pilot, including dem- COMMUNICATIONS TOWERS. funds appropriated or otherwise made avail- onstration projects on the southern and (a) IN GENERAL.—Not later than 180 days able by this Act, or by any other Act, may be northern border, and $12,300,000 shall only be after the date of enactment of this Act, the obligated or expended by the Department of available for system development: Provided Director of the United States Fish and Wild- Defense, or by any contractor of the Depart- further, That none of the funds appropriated life Service, in cooperation with the Chair- ment, for the purpose of research, develop- in this Act, or in Public Law 107–117, for the man of the Federal Communications Com- ment, test, or evaluation on any technology Immigration and Naturalization Service’s mission and the Administrator of the Fed- or component of the information collection Entry Exit System may be obligated until eral Aviation Administration, shall submit program known as the Total Information the INS submits a plan for expenditure that: to the Committee on Appropriations, the Awareness program, or any program whose (1) meets the capital planning and invest- Committee on Environment and Public purpose is the collection of information on ment control review requirements estab- Works, and the Committee on Commerce, United States citizens in the United States, lished by the Office of Management and Science, and Transportation of the Senate a regardless of whether or not such program is Budget, including OMB Circular A–11, part 3; report on avian mortality at communica- to be transferred to another department, (2) complies with the acquisition rules, re- tions towers in the United States. agency, or element of the Federal Govern- quirements, guidelines, and systems acquisi- (b) CONTENTS.—The report submitted under ment only if— tion management practices of the Federal subsection (a) shall include— (1) such technology or component is to be Government; (3) is reviewed by the General (1) an estimate of the number of birds that used, and is used, only for foreign intel- Accounting Office; and (4) has been approved collide with communication towers; ligence purposes; and by the Committees on Appropriations: Pro- (2) a description of the causes of those col- (2) such technology or component is not to vided further, That funds provided under this lisions; and be used, and is not used, for domestic intel- heading shall only be available for obligation (3) recommendations on how to prevent ligence or law enforcement purposes. and expenditure in accordance with the pro- those collisions. (b) PROVISION IN CONTRACTS AND GRANTS.— cedures applicable to reprogramming notifi- Any contract or grant instrument applicable cations set forth in section 605 of Public Law SA 51. Mr. FITZGERALD (for him- to the Total Information Awareness program 107–77: Provided further, That none of the self, Mr. DEWINE, Mr. BROWNBACK, Mr. or other program referred to in subsection funds made available by this Act shall be KYL, Mr. ENSIGN, and Mr. VOINOVICH) (a) shall include appropriate controls to fa- available for any expenses relating to the submitted an amendment intended to cilitate the limitations in that subsection. National Security Entry-Exit Registration System (NSEERS), and that the Attorney be proposed by him to the joint resolu- (c) REPORT.—Not later than 60 days after the date of the enactment of this Act, the General shall provide to the Committee on tion H.J. Res. 2, making further con- Appropriations all documents and materials: tinuing appropriations for the fiscal Secretary of Defense, the Attorney General, and the Director of Central Intelligence shall (1) used in the creation of the NSEERS program, including any predecessor programs; year 2003, and for other purposes; which jointly submit to Congress a report on the (2) assessing the effectiveness of the was ordered to lie on the table; as fol- Total Information Awareness program. The NSEERS program as a tool to enhance na- lows: report shall set forth the following: tional security; (3) used to determine the (1) A detailed explanation (including an ex- At the appropriate place in title VI of divi- scope of the NSEERS program, including penditure plan) of the actual and intended sion J, insert the following: countries selected for the program, and the use of the funds for all projects and activi- SEC. ll. (a) PROHIBITION.—No funds appro- gender, age, and immigration status of the ties of the Total Information Awareness propriated by this Act shall be made available persons required to register under the program. to pay for an abortion, or the administrative gram; (4) regarding future plans to expand (2) A list of the departments and agencies expenses in connection with any health plan the NSEERS program to additional coun- under the Federal employees health benefit of the Federal Government that have, or tries, age groups, women, and persons hold- program which provides any benefits or cov- would have, an interest in utilizing the Total ing other immigration statuses not already erage for abortions. Information Awareness program, and for covered; (5) explaining of whether the De- (b) APPLICATION OF PROVISION.—The provi- what purposes. partment of Justice consulted with other sions of subsection (a) shall not apply where (3) A description of the ways information federal agencies in the development of the the life of the mother would be endangered if collected by the Total Information Aware- NSEERS programs, and if so, all documents the fetus were carried to term, or the preg- ness program may be used by law enforce- and materials relating to those consulta- nancy is the result of an act of rape or in- ment, intelligence, and other agencies of the tions; (6) concerning policy directives or cest. Federal Government. guidance issued to officials about implemen- (4) A list of the current laws and regula- tation of NSEERS, including the role of the SA 52. Mr. GRASSLEY submitted an tions governing the information to be col- FBI in conducting national security back- amendment intended to be proposed by lected by the Total Information Awareness ground checks of registrants; (7) explaining him to the joint resolution H.J. Res. 2, program, and a description of any modifica- why certain INS District Offices detained making further continuing appropriations in such laws that are required to use persons with pending status-adjustment ap- tions for the fiscal year 2003, and for such information in the manner proposed plications; and (8) explaining how informa- under the program. tion gathered during interviews of reg- other purposes; which was ordered to (5) Recommendations for additional re- lie on the table; as follows: istrants will be stored, used, or transmitted search, technology development, or other to other Federal, State, or local agencies.’’. Beginning on page 1043, strike line 19 and measures necessary to ensure the protection all that follows through page 1044, line 3, and of privacy and civil liberties of United States SA 55. Mr. NELSON of Florida sub- insert the following: citizens during the operation of the Total In- mitted an amendment intended to be TITLE IV—TANF AND MEDICARE formation Awareness program. proposed by him to the joint resolution SEC. 401. Section 114 of Public Law 107–229, H.J. Res. 2, making further continuing as amended by section 3 of Public Law 107– SA 54. Mr. KYL (for himself, Mr. KEN- appropriations for the fiscal year 2003, 240 and by section 2 of Public Law 107–294, is NEDY, Mrs. FEINSTEIN, Mr. MCCAIN, and and for other purposes; which was or- amended— Mr. FEINGOLD) submitted an amend- dered to lie on the table; as follows: (1) by striking ‘‘the date specified in sec- ment intended to be proposed by him On page 1026, after line 22, add the fol- tion 107(c) of this joint resolution’’ and in- to the joint resolution H.J. Res. 2, lowing: serting ‘‘September 30, 2003’’; and making further continuing appropria- SEC. 111. Section 591(j) of the National De- (2) by striking ‘‘: Provided further, That tions for the fiscal year 2003, and for fense Authorization Act for Fiscal Year 2000 notwithstanding’’ and all that follows other purposes; which was ordered to (10 U.S.C. 1562 note) is amended by striking through the period and inserting a period. lie on the table; as follows: ‘‘April 24, 2003’’ and inserting ‘‘April 24, 2005’’. SA 53. Mr. GRASSLEY submitted an On page 95, line 7, strike ‘‘$3,076,509,000’’ amendment intended to be proposed by and insert the following: ‘‘$3,241,787,000: Pro- SA 56. Mr. HOLLINGS submitted an him to the joint resolution H.J. Res. 2, vided, That of the amount appropriated amendment intended to be proposed by making further continuing appropria- under this heading $80,200,000 shall be avail- him to the joint resolution H.J. Res. 2, able only for the Entry Exit System, to be tions for the fiscal year 2003, and for managed by the Justice Management Divi- making further continuing appropria- other purposes; which was ordered to sion: Provided further, That, of the amounts tions for the fiscal year 2003, and for lie on the table; as follows: made available in the preceding proviso, other purposes; which was ordered to At the end of title I of division M, add the $42,400,000 shall only be available for plan- lie on the table; as follows: following: ning, program support, environmental anal- On page 721, line 4, before the colon, insert SEC. 111. (a) LIMITATION ON AVAILABILITY OF ysis and mitigation, real estate acquisition, the following: FUNDS FOR RESEARCH AND DEVELOPMENT ON design and construction: Provided further, ‘‘, of which $8,000,000 shall be used to de- TOTAL INFORMATION AWARENESS PROGRAM.— That $25,500,000 shall only be available for an velop increased power capability for engines

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.083 S17PT1 S1164 CONGRESSIONAL RECORD — SENATE January 17, 2003

used in HH–65 helicopters in order to meet clear Weapons and other commitments to (1) by striking ‘‘24-MONTH INCREASE BEGIN- new Coast Guard requirements, and $3,000,000 the international community by— NING APRIL 1, 2001’’ and inserting ‘‘IN GEN- shall be used to demonstrate and test the up- (A) renouncing its nuclear weapons and ERAL’’; graded control system for such engines’’ materials production ambitions; (2) by striking ‘‘April 1, 2003’’ and inserting (B) dismantling its nuclear infrastructure ‘‘October 1, 2003’’; and SA 57. Mr. MCCAIN submitted an and facilities; (3) by inserting before the period at the end amendment intended to be proposed by (C) transferring all sensitive nuclear mate- the following: ‘‘(or 5 percent in the case of him to the joint resolution H.J. Res. 2, rials, technologies, and equipment (including such services furnished on or after April 1, making further continuing appropria- nuclear devices in any stage of development) 2003, and before October 1, 2003)’’. to the IAEA forthwith; and (b) CONFORMING AMENDMENT.—Section tions for the fiscal year 2003, and for (D) allowing immediate, full, and unfet- 547(c)(2) of the Medicare, Medicaid, and other purposes; which was ordered to tered access by IAEA inspectors to ensure SCHIP Benefits Improvement and Protection lie on the table; as follows: that subparagraphs (A), (B), and (C) have Act of 2000 (114 Stat. 2763A–553), as enacted At the appropriate place, insert the fol- been fully and verifiably achieved; and into law by section 1(a)(6) of Public Law 106– lowing: (4) any diplomatic solution to the North 554, is amended by striking ‘‘the period be- SEC. ll. SENSE OF THE SENATE WITH RESPECT Korean crisis— ginning on April 1, 2001, and ending on Sep- TO NORTH KOREA. (A) should take into account that North tember 30, 2002,’’ and inserting ‘‘a period (a) FINDINGS.—The Senate makes the fol- Korea is not a trustworthy negotiating part- under such section’’. lowing findings: ner; (1) Under the Agreed Framework of Octo- (B) must achieve the total dismantlement SA 59. Mr. WYDEN (for himself, Mrs. ber 21, 1994, North Korea committed to— of North Korea’s nuclear weapons and nu- FEINSTEIN, Mr. REID, Mrs. BOXER, Mr. (A) freeze and eventually dismantle its clear production capability; and CORZINE, and Mr. LEAHY) submitted an graphite-moderated reactors and related fa- (C) must include highly intrusive amendment intended to be proposed by cilities; verification requirements, including on-site him to the joint resolution H.J. Res. 2, (B) implement the North-South Joint Dec- monitoring and free access for the investiga- tion of all sites of concern, that are no less making further continuing appropria- laration on the Denuclearization of the Ko- tions for the fiscal year 2003, and for rean Peninsula, which prohibits the produc- stringent than those imposed on Iraq pursu- tion, testing, or possession of nuclear weap- ant to United Nations Security Council Res- other purposes; which was ordered to ons; and olution 1441 (2002) and previous cor- lie on the table; as follows: (C) allow implementation of its IAEA safe- responding resolutions. At the end of title I of division M, add the guards agreement under the Treaty on the (c) SENSE OF THE SENATE.—It is further the following: Non-Proliferation of Nuclear Weapons (NPT) sense of the Senate that the United States, SEC. 111. (a) LIMITATION ON USE OF FUNDS for nuclear facilities designated under the in conjunction with the Republic of Korea FOR RESEARCH AND DEVELOPMENT ON TOTAL Agreed Framework and any other North Ko- and other allies in the Pacific region, should INFORMATION AWARENESS PROGRAM.—Not- rean nuclear facilities. take measures, including military reinforce- withstanding any other provision of law, (2) The General Accounting Office has re- ments, enhanced defense exercises and other commencing 60 days after the date of the en- ported that North Korea has diverted heavy steps as appropriate, to ensure— actment of this Act, no funds appropriated oil received from the United States-led Ko- (1) the highest possible level of deterrence or otherwise made available to the Depart- rean Peninsula Energy Development Organi- against the multiple threats that North ment of Defense, whether to an element of zation for unauthorized purposes in violation Korea poses; and the Defense Advanced Research Projects of the Agreed Framework. (2) the highest level of readiness of United Agency or any other element, or to any (3) On April 1, 2002, President George W. States and allied forces should military ac- other department, agency, or element of the Bush stated that he would not certify North tion become necessary. Federal Government, may be obligated or ex- Korea’s compliance with all provisions of the (d) FURTHER SENSE OF THE SENATE.—It is pended on research and development on the Agreed Framework. further the sense of the Senate that the Total Information Awareness program un- (4) North Korea has violated the basic Broadcasting Board of Governors should en- less— terms of the Agreed Framework and the sure that Radio Free Asia will increase its (1) the report described in subsection (b) is North-South Joint Declaration on the broadcasting with respect to North Korea to submitted to Congress not later than 60 days Denuclearization of the Korean Peninsula by 24 hours each day. after the date of the enactment of this Act; pursuing the enrichment of uranium for the (e) DEFINITIONS.—In this section: or purpose of building a nuclear weapon and by (1) AGREED FRAMEWORK.—The term (2) the President certifies to Congress in ‘‘nuclearizing’’ the Korean peninsula. ‘‘Agreed Framework’’ means the Agreed writing, that— (5) North Korea has admitted to having a Framework Between the United States of (A) the submittal of the report to Congress covert nuclear weapons program and de- America and the Democratic People’s Repub- within 60 days after the date of the enact- clared the Agreed Framework nullified. lic of Korea, signed in Geneva on October 21, ment of this Act is not practicable; and (6) North Korea has announced its inten- 1994, and the Confidential Minute to that (B) the cessation of research and develop- tion to restart the 5-megawatt reactor and agreement. ment on the Total Information Awareness related reprocessing facility at Yongbyon, (2) IAEA.—The term ‘‘IAEA’’ means the program would endanger the national secu- which were frozen under the Agreed Frame- International Atomic Energy Agency. rity of the United States. work, and has expelled the IAEA personnel (3) NORTH KOREA.—The term ‘‘North (b) REPORT.—The report described in this monitoring the freeze. Korea’’ means the Democratic People’s Re- subsection is a report, in writing, of the Sec- (7) North Korea has announced its inten- public of Korea. retary of Defense, the Attorney General, and tion to withdraw from the Treaty on the (4) NPT.—The term ‘‘NPT’’ means the the Director of Central Intelligence, acting Non-Proliferation of Nuclear Weapons, done Treaty on the Non-Proliferation of Nuclear jointly, that— at Washington, London, and Moscow on July Weapons done at Washington, London, and (1) contains— 1, 1968 (21 UST 483). Moscow, July 1, 1968 (22 UST 483). (A) a detailed explanation of the actual (b) SENSE OF THE SENATE REGARDING THE and intended use of funds for each project AGREED FRAMEWORK AND THE NORTH KOREAN SA 58. Ms. COLLINS (for herself and and activity of the Total Information Aware- NUCLEAR WEAPONS PROGRAM.—It is the sense Mr. BOND) submitted an amendment in- ness program, including an expenditure plan of the Senate that— tended to be proposed by her to the for the use of such funds; (1) the Agreed Framework is, as a result of joint resolution H.J. Res. 2, making (B) the schedule for proposed research and North Korea’s own illicit and deceitful ac- further continuing appropriations for development on each project and activity of tions over several years and recent declara- the fiscal year 2003, and for other pur- the Total Information Awareness program; tion, null and void; and (2) North Korea’s pursuit and development poses; which was ordered to lie on the (C) target dates for the deployment of each of nuclear weapons— table; as follows: project and activity of the Total Information (A) is of grave concern and represents a se- At the appropriate place, insert the fol- Awareness program; rious threat to the security of the United lowing: (2) assesses the likely efficacy of systems States, its regional allies, and friends; SEC. ll. EXTENSION OF TEMPORARY INCREASE such as the Total Information Awareness (B) is a clear and present danger to United FOR HOME HEALTH SERVICES FUR- program in providing practically valuable States forces and personnel in the region and NISHED IN A RURAL AREA. predictive assessments of the plans, inten- the United States homeland; and (a) IN GENERAL.—Section 508(a) of the tions, or capabilities of terrorists or ter- (C) seriously undermines the security and Medicare, Medicaid, and SCHIP Benefits Im- rorist groups; stability of Northeast Asia; and provement and Protection Act of 2000 (114 (3) assesses the likely impact of the imple- (3) North Korea must immediately come Stat. 2763A–533), as enacted into law by sec- mentation of a system such as the Total In- into compliance with its obligations under tion 1(a)(6) of Public Law 106–554, is amend- formation Awareness program on privacy the Treaty on the Non-Proliferation of Nu- ed— and civil liberties; and

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.075 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1165 (4) sets forth a list of the laws and regula- (B) includes a program referred to in sub- ing and Related Programs’’ to carry out the tions that govern the information to be col- paragraph (1), or a component of such pro- provisions of chapters 8 and 9 of part II of the lected by the Total Information Awareness gram, that has been transferred from the De- Foreign Assistance Act of 1961. program, and a description of any modifica- fense Advanced Research Projects Agency or tions of such laws that will be required to another element of the Department of De- SA 63. Mr. ALLARD (for himself and use the information in the manner proposed fense to any other department, agency, or Mr. CAMPBELL) submitted an amend- under such program; element of the Federal Government. ment intended to be proposed by him (5) includes recommendations, endorsed by (2) NON-UNITED STATES PERSON.—The term to the joint resolution H.J. Res. 2, the Attorney General, for practices, proce- ‘‘non-United States person’’ means any per- making further continuing appropria- dures, regulations, or legislation on the de- son other than a United States person. tions for the fiscal year 2003, and for ployment, implementation, or use of the (3) UNITED STATES PERSON.—The term Total Information Awareness program to ‘‘United States person’’ has the meaning other purposes; which was ordered to eliminate or minimize adverse effects of such given that term in section 101(i) of the For- lie on the table; as follows: program on privacy and other civil liberties. eign Intelligence Surveillance Act of 1978 (50 At the appropriate place, insert the fol- (c) LIMITATION ON DEPLOYMENT OF TOTAL U.S.C. 1801(i)). lowing: INFORMATION AWARENESS PROGRAM.—(1) Not- SEC. ll. COST-SHARING REQUIREMENT FOR withstanding any other provision of law and SA 60. Mr. MCCAIN submitted an THE ARKANSAS VALLEY CONDUIT IN except as provided in paragraph (2), if and amendment intended to be proposed by THE STATE OF COLORADO. when research and development on the Total him to the joint resolution H.J. Res. 2, (a) IN GENERAL.—Section 7 of Public Law Information Awareness program, or any making further continuing appropria- 87–590 (76 Stat. 393) is amended— component of such program, permits the de- (1) by striking ‘‘SEC. 7.’’ and inserting the ployment or implementation of such pro- tions for the fiscal year 2003, and for other purposes; which was ordered to following: ‘‘SEC. 7. AUTHORIZATION OF AP- gram or component, no department, agency, PROPRIATIONS.’’; or element of the Federal Government may lie on the table; as follows: (2) in the first sentence, by striking ‘‘There deploy or implement such program or com- On page 141, line 14, strike ‘‘basis.’’ is hereby authorized’’ and inserting the fol- ponent, or transfer such program or compo- and insert ‘‘basic; Provided further, lowing: nent to another department, agency, or ele- That, notwithstanding any other provi- ‘‘(a) CONSTRUCTION.—There is authorized’’; ment of the Federal Government, until the (3) in the second sentence, by striking Secretary of Defense— sion of law, any person other than the owner (or a related person with respect ‘‘There are also’’ and inserting the following: (A) notifies Congress of that development, ‘‘(b) OPERATIONS AND MAINTENANCE.—There including a specific and detailed description to the owner) of the ships originally are’’; and of— contracted under section 8109 of Public (4) by adding at the end the following: (i) each element of such program or compo- Law 105–56, may document not more ‘‘(c) ARKANSAS VALLEY CONDUIT.— nent intended to be deployed or imple- than 3 cruise ships constructed to com- ‘‘(1) IN GENERAL.—There are authorized to mented; and pletion in a shipyard located outside of be appropriated such sums as are necessary (ii) the method and scope of the intended to pay the Federal share of the costs of con- deployment or implementation of such pro- the United States under the authority of this section if the owner meets the structing the Arkansas Valley Conduit in ac- gram or component (including the data or in- cordance with subsection (a) of the first sec- formation to be accessed or used); and requirements of clause (1) of the third tion. (B) has received specific authorization by proviso of this section and the vessel ‘‘(2) NON-FEDERAL SHARE.— law from Congress for the deployment or im- meets the requirements of clauses (2), ‘‘(A) IN GENERAL.—The non-Federal share plementation of such program or component, (3), (5) and (6) of that proviso.’’. of the total costs of construction (including including— design and engineering costs) of the Arkan- (i) a specific authorization by law for the SA 61. Ms. MIKULSKI (for herself, sas Valley Conduit shall be not more than 25 deployment or implementation of such pro- Mr. SARBANES, Mr. DORGAN, Mr. DUR- percent. gram or component; and BIN, Mr. AKAKA, Mr. BINGAMAN, Mr. ‘‘(B) FORM.—The non-Federal share may be (ii) a specific appropriation by law of funds FEINGOLD, Mr. JOHNSON, Mr. KENNEDY, in the form of in-kind contributions.’’. for the deployment or implementation of (b) APPLICABILITY.—The amendments made such program or component. Mr. KOHL, and Mrs. MURRAY) submitted an amendment intended to be proposed by subsection (a) apply to any costs of con- (2) The limitation in paragraph (1) shall structing the Arkansas Valley Conduit in- not apply with respect to the deployment or by her to the joint resolution H.J. Res. curred during fiscal year 2002 or any subse- implementation of the Total Information 2, making further continuing appro- quent fiscal year. Awareness program, or a component of such priations for the fiscal year 2003, and program, in support of the following: for other purposes; which was ordered SA 64. Ms. LANDRIEU submitted an (A) Lawful military operations of the to lie on the table; as follows: amendment intended to be proposed by United States conducted outside the United States. At the appropriate place, insert the fol- her to the joint resolution H.J. Res. 2, (B) Lawful foreign intelligence activities lowing: making further continuing appropria- conducted wholly overseas, or wholly against SEC. ll. None of the funds made available tions for the fiscal year 2003, and for non-United States persons. in this Act may be used by an Executive other purposes; which was ordered to agency to establish, apply, or enforce any (d) SENSE OF CONGRESS.—It is the sense of lie on the table; as follows: Congress that— numerical goal, target, or quota for sub- On page 259, line 19, strike ‘‘projects:’’ and (1) the Total Information Awareness projecting the employees of the agency to pub- insert ‘‘projects; and of which $55,000,000 gram should not be used to develop tech- lic-private competitions or converting such shall be available for the Southeast Lou- nologies for use in conducting intelligence employees or the work performed by such isiana project (of which $15,000,000 shall be activities or law enforcement activities employees to private contractor performance derived by transfer from amounts made against United States persons without ap- under the Office of Management and Budget available under the heading ‘DEFENSE ENVI- propriate consultation with Congress or Circular A–76 or any other Administrative RONMENTAL RESTORATION AND WASTE MAN- without clear adherence to principles to pro- regulation, directive, or policy. AGEMENT’):’’. tect civil liberties and privacy; and SA 62. Mr. MCCONNELL (for himself (2) the primary purpose of the Defense Ad- Mr. KYL submitted an amend- vanced Research Projects Agency is to sup- and Mr. LEAHY) submitted an amend- SA 65. port the lawful activities of the Department ment intended to be proposed by him ment intended to be proposed by him of Defense and the national security pro- to the joint resolution H.J. Res. 2, to the joint resolution H.J. Res. 2, grams conducted pursuant to the laws as- making further continuing appropria- making further continuing appropria- sembled for codification purposes in title 50, tions for the fiscal year 2003, and for tions for the fiscal year 2003, and for United States Code. other purposes; which was ordered to other purposes; which was ordered to (e) DEFINITIONS.—In this section: lie on the table; as follows: (1) TOTAL INFORMATION AWARENESS PRO- lie on the table; as follows: GRAM.—The term ‘‘Total Information Aware- On page 366, strike everything after ‘‘the’’ WILDLAND FIRE MANAGEMENT ness program’’— on line 3, through ‘‘Agency’’ on line 4 and in- On page 488, line 10, strike ‘‘1,349,291,000’’ (A) means the computer hardware and soft- sert in lieu thereof: and insert ‘‘$1,351,791,000.’’ ware components of the program known as headings ‘‘Trade and Development Agency’’, On page 489, line 9, strike ‘‘$3,624,000,’’ and Total Information Awareness, any related ‘‘International Military Education and insert ‘‘$6,124,000.’’ information awareness program, or any suc- Training’’, ‘‘Foreign Military Financing Pro- On page 489, line 10, following ‘‘restora- cessor program under the Defense Advanced gram’’, ‘‘Migration and Refugee Assistance’’, tion,’’ insert ‘‘of which $2,500,000 shall be for Research Projects Agency or another ele- and funds appropriated under the heading rehabilitation and restoration on the ment of the Department of Defense; and ‘‘Nonproliferation, Anti-Terrorism, Demin- Apache-Sitgreaves National Forest.’’

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.080 S17PT1 S1166 CONGRESSIONAL RECORD — SENATE January 17, 2003 LAND ACQUISITION business not to extend beyond the hour marks of Senator HARKIN for up to 15 On page 493, line 17, strike ‘‘$148,263,000’’, of 10:30 a.m., with the time equally di- minutes. and insert ‘‘$145,763,000.’’ vided in the usual form; further, I ask The PRESIDING OFFICER. Without that at 10:30 a.m., the Senate then re- objection, it is so ordered. SA 66. Mr. KYL submitted an amend- sume consideration of H.J. Res. 2, the The Senator from Iowa is recognized. ment intended to be proposed by him appropriations bill. f to the joint resolution H.J. Res. 2, The PRESIDING OFFICER. Without DISASTER AID making further continuing appropria- objection, it is so ordered. tions for the fiscal year 2003, and for Mr. HARKIN. Mr. President, I thank other purposes; which was ordered to f the leader for his kindness in letting lie on the table; as follows: UNANIMOUS CONSENT me speak for up to 15 minutes before On page 80, between lines 3 and 4, insert AGREEMENT—S. 121 the Senate goes out for the long weekend before we come back in on Tues- the following: Mr. FRIST. Mr. President, I ask day. I take this time to draw attention SEC. 7ll. EXEMPTION OF MILK HANDLERS unanimous consent that at the hour of FROM MINIMUM PRICE REQUIRE- to the provision in the pending bill re- 5:05 p.m. on Tuesday, the Judiciary MENTS. garding disaster aid to our farmers. Section 8c(5) of the Agricultural Adjust- Committee be discharged from further We have been fighting here for al- ment Act (7 U.S.C. 608c(5)), reenacted with consideration of S. 121, the Amber alert most 3 years to get disaster relief for amendments by the Agricultural Marketing bill, and the Senate proceed to the con- farmers all over America. We had it ba- Agreement Act of 1937, is amended by adding sideration of the bill, and that Sen- at the end the following: sically in our budget a couple years ators HUTCHISON and LEAHY be recog- ago. We had it in the farm bill, but it ‘‘(M) EXEMPTION OF MILK HANDLERS FROM nized for 5 minutes each to debate the MINIMUM PRICE REQUIREMENTS.—Notwith- was taken out. We had assurances from standing any other provision of this sub- measure; that following the use or the administration that it would come section, no handler with distribution of Class yielding back of all time, the bill be later. It never did. We have farmers I milk products in the Arizona-Las Vegas read the third time and the Senate pro- who were promised disaster aid over 2 marketing area (Order No. 131) shall be exceed to a vote on passage, without any years ago, and they still have not re- empt during any month from any minimum intervening action or debate. milk price requirement established by the ceived it. The PRESIDING OFFICER. Without A number of us on both sides of the Secretary under this subsection if the total objection, it is so ordered. distribution of Class I products within the aisle have been trying for some time Arizona-Las Vegas marketing area of any f now to fill in that hole and get aid to handler’s own farm production exceeds the the farmers who have really suffered a PROGRAM lesser of— lot from disasters. In the Presiding Of- ‘‘(i) 3 percent of the total quantity of Class Mr. FRIST. For the information of ficer’s home State, livestock producers I products distributed in the Arizona-Las all Senators, the Senate will return for and grain farmers have had disasters in Vegas marketing area (Order No. 131); or business on Tuesday. On Tuesday, we ‘‘(ii) 5,000,000 pounds.’’. the last couple of years for which they will resume consideration of the appro- have not been adequately compensated. f priations measure. I understand there That is true in the Midwest—some in AUTHORITY FOR COMMITTEES TO are several Members on the other side my State, and much of it further west, MEET of the aisle who have agreed to offer and a lot along the eastern seaboard. their amendments during Tuesday’s But we have had some serious crop dis- COMMITTEE ON GOVERNMENTAL AFFAIRS session. Under the previous order, the asters. Mr. STEVENS. Mr. President, I ask Senate will vote on passage of the Now the bill before us has some unanimous consent that the Com- Amber alert bill at 5:15 on Tuesday. money in there for, as they say, dis- mittee on Governmental Affairs be au- Therefore, Senators can expect the aster assistance. But upon reading the thorized to meet on Friday, January 17, first vote of next week to occur at 5:15. fine print, it turns out that it is not 2003 at 9 a.m. to consider the nomina- Additional votes will occur during really disaster assistance, it is just tion of the Honorable Tom Ridge to be Tuesday’s session. putting money in a bushel basket and Secretary of the Department of Home- In addition to considering further throwing it out to farmers. It just land Security. amendments to the appropriations doesn’t make any sense. In the Des The PRESIDING OFFICER. Without measure, it is my hope that on Tuesday Moines Register this morning, Philip objection, it is so ordered. the Senate will consider the nomina- Brasher had an article about it. Here is COMMITTEE ON GOVERNMENTAL AFFAIRS tion of Tom Ridge to be Secretary of the headline: Bountiful Crop Could Mr. STEVENS. Mr. President, I ask Homeland Security. I believe some Still Draw Disaster Aid. My quote is unanimous consent that the Com- Members have indicated their desire to this: mittee on Governmental Affairs be au- speak in regard to that nomination, ‘‘This is just nonsense,’’ said Iowa Senator thorized to meet on Friday, January 17, and a rollcall vote is anticipated. I Tom Harkin. 2003 at approximately 12:30 p.m. for a hope that on Tuesday we will be able to Basically, the article shows that a business meeting to consider the nomi- reach an agreement to allow for that grain farmer in Iowa—we had really nation of the Honorable Tom Ridge to debate and a rollcall vote Tuesday great crops in Iowa—the soybean and be Secretary of the Department of evening. corn crops this year. In one part of Homeland Security. Finally, I wish to announce to Mem- Iowa, we had a drought. In many parts The PRESIDING OFFICER. Without bers that they should expect busy ses- of the State, we had bumper crops and objection, it is so ordered. sions and late nights next week. We we had significantly higher prices. f have no choice but to press on and Under the provision in the bill before complete this matter. I hope Members us, those farmers will get disaster as- ORDERS FOR TUESDAY, JANUARY will cooperate and offer their amend- sistance. What sense does that make? 21, 2003 ments in a timely manner so we can Please, someone explain to me why Mr. FRIST. Mr. President, I ask complete these appropriations next we are taking an across-the-board unanimous consent that when the Sen- week. I thank Members for their co- cut—we are cutting education, vet- ate completes its business today, it operation in advance. erans, medical research, and all this stand in adjournment until 10 a.m., f other stuff; and we are going to take Tuesday, January 21; I further ask that some of this money and give it to farm- following the prayer and pledge, the ORDER FOR ADJOURNMENT ers who have had no losses. In fact, morning hour be deemed expired, the Mr. FRIST. Mr. President, if there is some farmers made a lot of money be- Journal of proceedings be approved to no further business to come before the cause they had good crops. God bless date, the time for the two leaders be Senate, I ask unanimous consent that them. I wish every farmer could have a reserved for their use later in the day, the Senate stand in adjournment under good crop and have high prices to go and that there be a period of morning the previous order following the re- with it. But this doesn’t make sense in

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.085 S17PT1 January 17, 2003 CONGRESSIONAL RECORD — SENATE S1167 this bill. Basically, it is using the old To repeat for emphasis sake, this ap- I have no problem—I want to say it Freedom to Farm payments. propriations bill would simply provide right here and now—I have no problem Mr. Brasher points out in the article: a supplemental direct payment for all in providing disaster assistance to cat- A farmer who received $40,000 last year producers of all covered commodities fish farmers if, in fact, they have suf- would get a special payment of as much as and peanuts. It means that all pro- fered a disaster, but we cannot single $16,700. ducers of these crops who were eligible out catfish farmers and say not pork That could be a farmer who had a to receive a direct payment for 2002 producers, because pork producers have great crop and made money. They will receive the supplemental payment to pay higher grain prices also. Both don’t have to have a disaster. All you regardless of whether they had an ac- use feed grains. have to do is be eligible for crop pay- tual disaster loss in 2001, 2002, or any This so-called drought relief package ments, and then you can get part of other time. that is in the bill before us is, No. 1, in- this payment. I repeat, why should Congress be tak- adequate. It is about $3 billion. We ‘‘This is not a disaster relief package,’’ ing money away from education, med- need about $6 billion. said Republican Senator Pat Roberts of Kan- ical research, veterans, law enforce- No. 2, it is totally misdirected be- sas, which has been hard hit by a long ment—all these other domestic pro- cause it takes the $3 billion and gives drought. grams—for the purpose of making pay- it to everybody. It just throws the Harkin said, ‘‘Let’s face it, there are a lot ments to farmers who did not even money out there. This is Freedom to of farmers in my State and there are a lot of have a disaster and sometimes making Farm revisited. We do not care whether farmers in other States who made pretty a payment to a farmer who had a you had a drought or not, but you are good money this past year. Why should they record yield and good prices this last get some more money from the govern- going to get money. It is misdirected. year? It makes no sense to me. And, No. 3, it should not be coming ment?’’ I have to believe that farmers all Senator Charles Grassley agreed that the out of across-the-board cuts in vet- aid should be directed to farmers with crop over America, when they find this erans compensation, education, med- losses. out—and they will be reading about it ical research at NIH, the Byrne grant ‘‘The farmers who didn’t get hurt weren’t in their local papers; they will read program, and programs like those, be- asking for more money from the Federal about it in their farm journals; they cause let the record show that we have Treasury,’’ he said. will hear about it on their farm radio already saved in agriculture more than He is right. Why is there money in shows—they are going to laugh. They enough money to pay for disaster as- this bill for farmers who didn’t have a are going to say: What are those people sistance to farmers who need it nation- disaster and are not asking for it? in Washington thinking about? wide. We have saved that much money. Mr. President, if you are a farmer I understand Senator DASCHLE will be No one can deny it. So we do not need and you have had a record yield, you offering an amendment to correct this an offset. We have the offset. We have have had a good crop, and all of a sud- anomaly in the bill. The provision saved the money with the new farm den the Government comes along and being offered by Senator DASCHLE, bill. wants to give you several thousand whether it is next week, or whenever it I hope when this issue comes up next more dollars, well, hey, open the mail- is going to be offered, is already known week, or whenever it comes up, that box and take it out, but still they are to the Senate. In September of last Senators will, again, call their farmers. going to think we are goofy around year, we essentially passed the same Do not talk to staff. They can talk to here for doing something like that. measure by a vote of 79 to 16. So it is their staff, but get on the phone and nothing new. Talk to farmers. Most say if farmers are hit by a disaster, whether it is a call the farm organization back in The provisions in the appropriations their States. Call the Farm Bureau, the bill before us totally miss the mark. It flood, a hurricane, a drought, insects— whatever it might be—or it could be in Farmers Union, call your cattlemen’s is not directed toward those who actu- association, pork producers, catfish ally lost crops due to natural disaster; the livestock sector where they lost feed grains for the livestock, yes, they producers, whatever, and ask them if the funding is offset by reducing fund- deserve to have disaster payments, but they believe this is the right way to ing for other important Federal pro- not those who are doing well. proceed. grams, and it is inadequate. Lastly, I notice the bill adopts the I will give you a dollar to a dime We know from our experience, we Livestock Compensation Program that they will not find one in ten to say yes, know from having investigated it, from was put together last summer. That and the one who says yes made a lot of hearings we have had both in the House program had a lot of problems. The money and wants more. Call your and the Senate, that we need some- help it provides is inadequate for those farmers. They will tell you what to do: where in the neighborhood of $6 billion who qualify. The Livestock Compensa- Target it; get it to the farmers who had to address the needs of those who suf- tion Program provided less than half of a disaster, and make sure they are fered a drought. the funding that would be provided to compensated adequately and not just As Senator CONRAD said earlier livestock producers under section 3 of throw it out there for everybody. today—and I was watching his speech— the Daschle amendment that will be of- Mr. President, I ask unanimous con- the Department already, because of the fered. sent to print in the RECORD a letter new farm bill and because the new farm I was told last fall that the payment from numerous farm organizations. bill directs payments in a more tar- offered to cattle producers who lacked There being no objection, the mate- geted fashion, we have already saved $5 forage would cover only about 2 weeks rial was ordered to be printed in the billion to $6 billion, maybe a little bit of feed cost for the herds, and that was RECORD, as follows: more than that. So the savings have not enough. JANUARY 6, 2002. come in from the new farm bill. I note another curious feature about U.S. Senate, We think those savings, rather than this bill in the drought section. The House of Representatives, going back to the General Treasury, provisions of the Livestock Compensa- Washington, DC. ought to be used to help those farmers DEAR MEMBER OF CONGRESS: The under- tion Program are extended to catfish signed organizations write to urge your sup- who had a loss, who had a drought, who farming, but not to pork producers. port for emergency disaster assistance for did not have anything because of a nat- That is very curious. We extend the crop and livestock procedures who have suf- ural disaster. Livestock Compensation Program to fered losses during the 2001 and 2002 agri- If an argument is made that $6 bil- catfish farmers, but not to hog farm- culture production years due to natural dis- lion has to be offset by cuts somewhere ers. I am waiting to hear the expla- asters. Such disaster assistance would be else, it is already offset because we nation for that one. consistent with responses by the U.S. gov- have already saved the money that was I am saying livestock producers of all ernment to natural disasters in the past, in- previously budgeted for agricultural cluding hurricanes, floods, and droughts. categories experienced significant in- The Food Security and Rural Investment commodity programs. That money was creases in their feed costs due to higher Act of 2002 provides increased economic re- budgeted, and yet we saved it. That grain and oilseed prices, not just cat- sources, certainty, and stability across a money ought to go out to help farmers fish, but pork producers, cattle, sheep, wide range of agricultural, rural, and nutri- hit by this drought and hit by disaster. and goats. tion programs administered by USDA. For

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\CR\FM\G17JA6.097 S17PT1 S1168 CONGRESSIONAL RECORD — SENATE January 17, 2003 commodities, we believe it was the intent of in a freak June 3rd snowstorm. The storm American Soybean Association. Congress that the new farm bill reduce or did fill stock ponds and provided some addi- Burley Tobacco Growers Cooperative. eliminate the need for future ad hoc market tional spring green-up moisture but did not Cape Cod Cranberry Growers’ Association. loss-related assistance and, instead, provide provide enough to alleviate the effects of Cherry Marketing Institute. a similar level of assistance in a more effi- four years of drought. CoBank. cient and cost effective manner than the leg- The wheat acreage harvested at 45 million Cooperative Ginners Association of Okla- islation it replaced. In fact, projected out- acres is the lowest it has been since 1971. homa. lays for commodity programs under the new Financial assistance is needed now if the Farm Credit Council. law are projected to be significantly less economic ruin of farms, ranches and rural Intertribal Agriculture Council. than the annual average federal expenditures businesses caused by these natural disasters National Association of Wheat Growers. incurred since 1998. However, the new farm is to be averted. bill is incapable of predicting and adequately Within the range of its existing options, we National Barley Growers Association. dealing with natural disasters. believe USDA has taken positive actions to National Cotton Council. Furthermore, due in part to increased address the weather and disease-related dis- National Grain Sorghum Producers. prices resulting from the impact of natural asters experienced by crop and livestock pro- National Grape Cooperative Association, disasters, the most recent projected outlays ducers during the 2001 and 2002 production Inc. for 2002 are less than originally projected at years. Unfortunately, the Department’s au- National Milk Producers Federation. the signing of the farm bill. Despite these thority and resources available to mitigate National Potato Council. savings and the precedence of assistance for the losses sustained by farmers, ranchers and National Sunflower Association. those who suffer from natural disasters, Con- rural businesses are inadequate given the National Association of Farmer Elected gress has failed to pass emergency disaster full scope of the weather and disease prob- Committees. assistance. lems confronting American agriculture. National Association of State Departments For U.S. farmers and ranchers, the current While crop insurance, disaster loans, emer- of Agriculture. production disaster is multi-faceted. In gency haying and grazing of Conservation many areas, drought has decimated row Northeast Farm Credit Regional Council. Reserve Program acreage, and the Livestock crops and forage and has reduced water sup- Northeast States Association for Agricul- Compensation Program (LCP) are helpful, plies available for livestock. In other re- tural Stewardship. the relief they provide cannot effectively re- gions, farmers are experiencing crop destruc- R–CALF United Stockgrowers of America. spond to the unprecedented and expansive tion and reduced yields and quality due to Soybean Producers of America. flooding and an increased incidence of crop devastation being experienced across a large Southern Peanut Farmers Federation. pests and diseases. Especially hard hit are part of America. We urge your active engage- Triangle Cooperative Service Company. the specialty crops such as apples, cherries ment and support immediately upon con- USA Dry Pea & Lentil Council. and grapes in the Great Lakes region, the vening the 108th Congress of the emergency U.S. Apple Association. disaster assistance legislation passed by the eastern states and the Pacific Northwest U.S. Canola Association. that suffered frost, freeze and drought dam- Senate last session. We urge Congress to approve this legisla- U.S. Custom Harvesters, Inc. age this season and adverse weather in 2001 U.S. Durum Growers Association. that caused a failure of the blossom set re- tion and work with the administration to ensure that this emergency program is in Vidalia Onion Business Council. quired to produce fruit. Welch’s. The negative economic impact of natural place, which provides a responsible level of WIFE. disasters to American agriculture and rural assistance to those suffering substantial communities continues to grow. losses as a result of natural disasters. This Almost 90 percent of U.S. counties have re- adequate response is needed immediately to Mr. HARKIN. Mr. President, I thank ceived a USDA disaster designation in 2002. reduce the devastating economic impacts the leader again for giving me this Over 40 percent have received designations being experienced by farmers, ranchers and time. I yield the floor. in both 2001 and 2002. their communities throughout much of rural Washington State alone suffered $100 mil- America because of natural disasters beyond f lion in apple crop losses in 2002 due to early their control. freeze. Thank you for your attention to this issue. Adverse weather conditions cut the ex- We look forward to working with you to ad- ADJOURNMENT UNTIL 10 A.M., pected cotton crop by over 1 million bales. dress this serious situation in a timely and TUESDAY, JANUARY 21, 2003 Drought conditions harmed the growing sea- effective manner. son, and a series of storms hit during har- Sincerely, The PRESIDING OFFICER. Under vest, inflicting continued quality and quan- National Farmers Union. the previous order, the Senate stands tity losses. In the Southeast and Mid-South, American Farm Bureau Federation. adjourned until 10 a.m. on Tuesday, only 55% of the crop achieved a color grade National Grange. January 21. of Strict Low Middling or better. This com- National Farmers Organization. pares to a five-year average of 81%. American Beekeeping Federation. Thereupon, the Senate, at 5:39 p.m., The producers on the Blackfeet Reserva- American Corn Growers Association. adjourned until Tuesday, January 21, tion, Montana, lost over 3000 head of cattle American Sheep Industry Association. 2003, at 10 a.m.

VerDate Dec 13 2002 04:36 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\CR\FM\A17JA6.090 S17PT1 Friday, January 17, 2003 Daily Digest Senate A subsequent McCain point of order against the Chamber Action remarks by Senator Byrd was ruled by the Chair that Routine Proceedings, pages S1101–S1168 the remarks by Senator Byrd were germane to the Measures Introduced: Five bills and one resolution pending question, and therefore were in order. were introduced, as follows: S. 193–197 and S. Con. Page S1113 Res. 2. Page S1144 A unanimous-consent agreement was reached pro- Omnibus Appropriations Resolution: Senate con- viding for further consideration of the resolution at tinued consideration of H.J. Res. 2, making further 10:30 a.m., on Tuesday, January 21, 2003. continuing appropriations for the fiscal year 2003, Page S1166 taking action on the following amendments proposed A unanimous-consent agreement was reached pro- thereto: Pages S1101–22, S1123, S1132–34 viding that all first degree amendments to the reso- Adopted: lution be filed at the desk by 6 p.m. on Tuesday, Schumer Further Modified Amendment No. 31, January 21, 2003, with the exception of the man- to provide funds for research and development grants ager’s amendments. Page S1137 to increase security for United States ports. AMBER Alert—Agreement: A unanimous-consent Pages S1101, S1104–05 agreement was reached providing that the Com- Rejected: mittee on the Judiciary be discharged from further Harkin Amendment No. 32, to restore funding consideration of S. 121, to enhance the operation of for nondiscretionary Byrne grants to a level of the AMBER Alert communications network in order $500,000,000. (By 52 yeas to 46 nays (Vote No. 6), to facilitate the recovery of abducted children, to Senate tabled the amendment.) Pages S1101–04 provide for enhanced notification on highways of By 46 yeas to 52 nays (Vote No. 7), Byrd Amendment No. 36, to nullify all across-the-board alerts and information on such children, and the Sen- rescissions contained in this joint resolution. ate then proceed to its consideration, and that Sen- Pages S1105–13 ators Hutchison and Leahy be recognized for five McCain Amendment No. 44, to strike certain minutes each to debate the measure; and the bill provisions with respect to U.S.-flagged passenger then be read three times and a vote occur on final vessels. (By 62 yeas to 33 nays (Vote No. 8), Senate passage. Page S1166 tabled the amendment.) Pages S1115–22, S1123 Executive Communications: Pages S1141–44 During consideration of this measure today, the Executive Reports of Committees: Page S1144 following action occurred: A McCain point of order was raised that certain Additional Cosponsors: Pages S1144–45 remarks by Senator Byrd violated Rule XIX1(b) of Statements on Introduced Bills/Resolutions: the Standing Rules of the Senate, and therefore were Pages S1145–54 not in order. The Chair issued a reminder to Senator Byrd that, pursuant to Rule XIX1(b), debate must Additional Statements: Pages S1140–41 be germane and confined to the specific question Amendments Submitted: Pages S1154–66 pending before the Senate for the first three hours Authority for Committees to Meet: Page S1166 that any business has been laid before the Senate. Page S1166 Page S1113 Privilege of the Floor:

D36

VerDate Dec 13 2002 01:21 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JA3.REC D17JA3 January 17, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D37 Record Votes: Three record votes were taken today. (Total—8) Pages S1104, S1112–13, S1123 Committee Meetings Adjournment: Senate met at 9:30 a.m., and ad- (Committees not listed did not meet) journed at 5:39 p.m., until 10 a.m., on Tuesday, January 21, 2003. (For Senate’s program, see the re- NOMINATION marks of the Majority Leader in today’s Record on Committee on Governmental Affairs: Committee ordered page S1166.) favorably reported the nomination of Thomas J. Ridge, of Pennsylvania, to be Secretary of Homeland Security. Prior to this action, committee concluded hearings on the nomination of Mr. Ridge, after the nominee, who was introduced by Senator Specter, testified and answered questions in his own behalf. h House of Representatives tions Resolution. At 5:05 p.m., Senate will begin Chamber Action consideration of S. 121, AMBER Alert, with a vote The House was not in session today. Pursuant to on final passage to occur at approximately 5:15 p.m. the provisions of H. Con. Res. 8, the House stands Also, Senate may consider the nomination of Thomas adjourned until 2 p.m. on Monday, January 27, J. Ridge, of Pennsylvania, to be Secretary of Home- 2003. land Security. During the balance of the week, Senate may con- Committee Meetings sider any cleared legislative and executive business. No committee meetings were held. Senate Committees f (Committee meetings are open unless otherwise indicated) CONGRESSIONAL PROGRAM AHEAD Committee on Commerce, Science, and Transportation: Janu- ary 21, to hold hearings to examine the nomination of Week of January 20 through January 25, 2003 Asa Hutchinson, of Arkansas, to be Under Secretary for Border and Transportation, Department of Homeland Se- Senate Chamber curity. (New Position), 2:30 p.m., SR–253. On Monday, Senate will not be in session. House Committees On Tuesday, at 10:30 a.m., Senate will resume consideration of H.J. Res. 2, Omnibus Appropria- No committee meetings are scheduled.

VerDate Dec 13 2002 01:21 Jan 18, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JA3.REC D17JA3 D38 CONGRESSIONAL RECORD — DAILY DIGEST January 17, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, January 21 2 p.m., Monday, January 27

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 10:30 a.m.), Sen- ate will resume consideration of H.J. Res. 2, Omnibus Appropriations. At 5:05 p.m., Senate will begin consideration of S. 121, AMBER Alert, with a vote on final passage to occur at approximately 5:15 p.m. Also, Senate may consider the nomination of Thomas J. Ridge, of Pennsylvania, to be Secretary of Homeland Security.

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