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

Vol. 149 WASHINGTON, THURSDAY, MAY 1, 2003 No. 64 Senate The Senate met at 9:15 a.m. and was RESERVATION OF LEADER TIME MEASURES PLACED ON THE called to order by the President pro The PRESIDING OFFICER (Mr. CALENDAR—S. 14 AND H.J. RES. 51 tempore (Mr. STEVENS.) SUNUNU). Under the previous order, the Mr. HATCH. I understand there is a The PRESIDENT pro tempore. To- leadership time is reserved. day’s prayer will be offered by our bill and a joint resolution at the desk guest Chaplain, the Rev. Canon Martyn f which are due for a second reading. Minns of Fairfax, VA. RECOGNITION OF THE ACTING The PRESIDING OFFICER. The Sen- MAJORITY LEADER ator is correct. PRAYER The PRESIDING OFFICER. The Sen- Mr. HATCH. I ask unanimous consent The guest Chaplain offered the fol- ator from Utah is recognized. it be in order to read the titles of the lowing prayer: measures en bloc. Almighty God, we thank You for f The PRESIDING OFFICER. Without blessing us as a nation. We pray that SCHEDULE we would always be a generous people, objection, it is so ordered. Mr. HATCH. Mr. President, for the eager to share the gifts of freedom, re- The clerk will read the titles of the information of all Senators, this morn- spect for human dignity, and commit- bills en bloc. ment to service, with all the peoples of ing the Senate will resume consider- the world. ation of the Owen nomination. Under The legislative clerk read as follows: We pray for all who suffer and are af- the order, at 10:15 the Senate will pro- A bill (S. 14) to enhance the energy secu- flicted in body or mind, especially ceed to a rollcall vote on the motion to rity of the United States, and for other pur- those who face the devastation of HIV/ invoke cloture on the nomination of poses, Priscilla Owen to be a circuit judge for AIDS and the unfolding terror of A joint resolution (H.J. Res. 51), increasing SARS. Grant them healing and com- the Fifth Circuit. If cloture is not in- the statutory limit on the debt. fort, and stir up in us the will and pa- voked, the Senate will begin consider- tience to minister to their needs. ation of the nomination of Edward Mr. HATCH. I ask that the Senate We commend to Your gracious care Prado to be circuit judge. It is hoped proceed en bloc to the measures, and I all the men and women of our Armed we will reach a short time agreement object to further proceeding en bloc. Forces. Defend them day-by-day with with a vote on that nomination to The PRESIDING OFFICER. The ob- Your heavenly grace, and give them a occur by early afternoon. jection having been heard, the bills sense of Your abiding presence wher- In addition to the Owen and Prado will be placed on the calendar. ever they may be. nominations, the Senate may also con- We thank You for the men and sider the Cook nomination. As the ma- Mrs. BOXER. Will the Senator yield women of this Senate, and for all who jority leader stated last night, we have for a question? Just on the matter of serve in this place. Grant them the attempted to work out a unanimous timing. spirit of wisdom, charity and justice; consent agreement to process these ju- Mr. HATCH. I will be delighted. that with steadfast purpose they may dicial nominations. Unfortunately, we Mrs. BOXER. Mr. President, I have a faithfully carry out the work set before were unable to reach an understanding markup at 9:30. I wanted to make a 5- them. last night. There continues to be hope minute statement on the judicial nom- All this we pray because of the love that as these nominations are consid- ination. If we can do that and I will first shown us in the call of Abraham ered we would be able to reach reason- give Senator HATCH that 5 minutes and Sarah and now revealed to us in able time limitations for their consid- back on his time, would that be accept- the life and witness of Jesus the Christ. eration. able? Amen. In addition, the leader is still work- Mr. HATCH. I think the 5 minutes f ing toward agreements for considering and completing a number of other leg- will be taken from the minority side. PLEDGE OF ALLEGIANCE islative matters, including the FISA Mrs. BOXER. Yes, that is what I sug- The Honorable TED STEVENS led the legislation, the State Department au- gested. Pledge of Allegiance, as follows: thorization bill, the Bioshield legisla- tion, or additional judicial nomina- Mr. HATCH. I am happy to yield so I pledge allegiance to the Flag of the the Senator can make her statement. United States of America, and to the Repub- tions during today’s session. Therefore, lic for which it stands, one nation under God, Senators should expect rollcall votes Mrs. BOXER. That is very kind. I ap- indivisible, with liberty and justice for all. throughout the day. preciate it.

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

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VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5620 CONGRESSIONAL RECORD — SENATE May 1, 2003 EXECUTIVE SESSION we have heard many times from histo- In this particular case, I think this is rians, the selection of judges and the a nominee who is outside the main- confirmation of judges is a shared re- stream and who was criticized for that NOMINATION OF PRISCILLA OWEN sponsibility. So it is not a question of by the President’s White House coun- TO BE UNITED STATES CIRCUIT whether they are Clinton judges or sel. JUDGE FOR THE FIFTH CIRCUIT Carter judges or Bush judges; they are I am happy to yield to my friend. The PRESIDING OFFICER. Under America’s judges. As such, there has to Mr. HATCH. Is the Senator aware the previous order, the Senate will pro- be a role for the Senate and for the ex- that there is an ample record that even ceed to executive session. The clerk ecutive. Judge Gonzales admits he was not will report the pending business. This President knew very well that criticizing her as an activist, he was The legislative clerk read the nomi- this particular nominee was well off criticizing the court. She didn’t write nation of Priscilla Richmond Owen, of the center. He knew very well there the opinion. That has been more than Texas, to be United States Circuit was deep objection to her. She was established. Yet we keep hearing Sen- Judge for the Fifth Circuit. voted down once before. Yet he comes ators on the floor of the Senate and The PRESIDING OFFICER. Under right back with this nomination. elsewhere saying Judge Gonzales di- the previous order, there will now be 1 I have made it a priority of mine in rectly criticized her. He didn’t. I think hour of debate divided in the usual this Senate to stand up for the main- the record is pretty clear on that. form, prior to the vote on the nomina- stream values of people of my State. So Mrs. BOXER. I will have printed in tion of Priscilla Owen to be circuit I cannot possibly support this nomina- the RECORD my understanding of what court judge for the Fifth Circuit. tion. I wish to outline a case that illus- actually happened here. The Senator from California. trates Priscilla Owen’s callous attitude In the case of the 2-year delay, I find Mrs. BOXER. Mr. President, I again toward individuals who are fighting that was unconscionable. thank my colleague for allowing me to against large corporate interests and The point is this: I will support can- move forward on this because of a com- their well-paid legal defense teams. didates who are from the mainstream. mitment to a markup in the Commerce A young man in Texas was paralyzed I want to do that. The chair of the Ju- Committee. in a car accident. His injuries were diciary Committee has changed his at- I rise to express my deep concerns re- made much worse because of a mal- titude about who is going to get garding the nomination of Priscilla functioning seatbelt, and his family through this Senate. During the Clin- Owen to the U.S. Fifth Circuit Court of took the automaker to court. The case ton years, you had to have someone Appeals. I have noted there is a lot of made its way to the Texas Supreme from the mainstream. During the Bush politics around this particular nomina- Court on appeal. years, you can have people from the far tion, as there is around the Miguel Judge Owen waited 16 months before right of the spectrum. My constituents issuing a decision in that case, in that Estrada nomination. I read the Repub- do not think that is fair. We had a situ- Ford Motor case. When she did, she es- lican Party is planning to run ads ation during the Clinton years that sentially sent the case back and cre- against those of us who vote against two Senators had to sign off on a judge ated a substantial roadblock for this these nominees, saying we do not want before there would even be a hearing. paralyzed teenager to receive funds to to see diversity on the bench. Oh, no, now the committee has pay for his medical care. There were 2 Let me say that is extraordinary be- changed its mind. Suddenly, because years of delay on a procedure issue cause as someone who worked so hard they have a Republican in the White that was never raised in the case but to support qualified minorities and House, two Senators don’t have to sign was raised by her, and this young man women, I have been praised by many in off and they are pushing forward with died. This young man died. His family my State for doing just that. But I hearings. couldn’t afford around-the-clock moni- have to tell you, if you place on the It is wrong. It is not right. I would toring of his ventilator. This is a truly bench a minority or a woman who has say regarding this particular nominee, tragic example of delayed justice. you have very moderate Members of animosity toward the goals of minori- I could go into detail about the fun- this Senate saying she is a judicial ac- ties and women, you are dealing a damental right to choose in which Jus- tivist and any words to the contrary great setback to both minorities and tice Owen set up a barrier to a young can be disproven by her record. I think women. I will make that point when I woman who was seeking to end her have to. pregnancy. When she issued her opin- this is someone who does not come But as for today, I point out I voted ion, it dealt with having to seek reli- from the center, does not come from for well over 90 percent of the Presi- gious counseling, which was not part of the mainstream. I think this is a Presi- dent’s appointees up to this point in the law. In that case, Judge Gonzales, dent who, in this case, has not sought time, but I cannot support this nomi- who as you know is White House coun- the advice and consent, really, of the nation. This is why. sel to this President, said: Senate. He is essentially saying we President Bush pledged to govern don’t care that you Democrats—none To create hurdles that simply are not to be from the center. Those were his words. found in the words of the statute would be an of you—vote for her. I should not say Yet this nominee is so far from the unconscionable act of judicial activism. none—maybe one. Certainly none on center that she is almost off, to the That is a quote from Mr. Gonzales re- the committee. We are going to go right. She is barely on that line at all. garding Judge Priscilla Owen, criti- right back and bring her back here. That differs from the mainstream val- cizing her for judicial activism. This is a lifetime appointee. I think ues of my constituents and I believe of I know the issues of judges are very when we make these types of appoint- the majority of Americans. touchy. Senator HATCH, when Presi- ments, we have to make sure the per- In such important areas as reproduc- dent Clinton was President, told me— son who is being nominated is not tive rights, civil rights, consumer he said it with a twinkle in his eye: going to be an activist, make sure the rights, and environmental protection, Senator, don’t send me judges that are person has demonstrated the types of this nominee has legislated from the outside the mainstream. qualities we want on the bench. bench. She inserted her personal beliefs You know, I didn’t. Senator HATCH I don’t think it is a quality you want into the judicial process. helped me. He helped me get these won- on the bench when a woman waits 2 I have to say even members of her derful people confirmed. years before she renders a decision in a own party, and even Mr. Gonzales, who Now we have a circumstance where case of a paralyzed teenager whose par- is White House counsel, has criticized we are not getting our judges from the ents didn’t have the money to keep her for that. mainstream. We are getting some. I their teenager on a ventilator. And the What is particularly troubling to me have supported 90 percent of these record shows otherwise? I know what is that I believe in the advice and con- judges. But in this case—— the record is. We have people combing sent role of Senators in the nomination Mr. HATCH. Will the Senator yield that record. That is why you are going and the confirmation of judicial nomi- for a question? to see very many women in this Senate nees of any President, be that Presi- Mrs. BOXER. I certainly will. I just take this floor. I will repeat, when you dent a Democrat or a Republican. As want to finish my thought. put a woman on the bench who has a

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5621 record of not really helping women—I In other areas, Justice Owen has con- tion because she has not told me. She have seen it in this case, and I have sistently attempted to chip away at has not told the committee that, but seen it with other nominees who will women’s fundamental reproductive she has said what has to be the hall- be coming before us. I will take a sec- rights. mark of what judgeship nominees ond seat to no one in the advancement In the case of Doe I—2000—Justice should say—that she will uphold Roe v. of women. Every time I have sought Owen argued that a minor must meet a Wade as a court judge, which is all you the support of bipartisan women’s restrictive standard to establish that can ask of anybody. Regardless of what groups, I have gotten it because of she is sufficiently well informed about her personal views are, she is going to that. Anyone who says Democratic her choice to have an abortion. Among uphold it. Yet we hear this argument women coming here speaking up other things, she would have to show that they are advancing women be- against this nominee are not for that she had received counseling about cause they are keeping a woman who is women ought to study that record as the religious arguments surrounding unanimously well qualified by their well. abortion, despite the fact that the law gold standard—the American Bar Asso- I think the Federal courts deserve in no way involves religious consider- ciation, which is not a conservative or- better than this nominee. I think the ations. ganization by any stretch of the imagi- American people deserve better than The Texas statute states that a nation—they are keeping her from this nominee. I could go on and on minor need not inform her parents be- serving this country. They continue to about the record. fore seeking an abortion if the court misquote Judge Gonzales as though he Let me briefly outline a case that il- finds one of three things. was directly attacking Priscilla Owen lustrates Priscilla Owen’s callous atti- No. 1, that the minor is mature and when he himself admits he was not— sufficiently well informed to make a tude towards individuals who are fac- and other judges from that Supreme decision; or ing large corporate interests and their Court of the State of Texas say he was No. 2, that parental notifications well-paid legal defense teams. not. A young man in Texas was paralyzed would not be in her best interest; or Senator CORNYN, who served with her in a car accident. His injuries were No. 3, that notification may lead to and was sitting beside her, said those made much worse because of a mal- physical, sexual, or emotional abuse. criticisms weren’t directed directly at functioning seatbelt. His family took That is all it says. her. That is distortion. It is unworthy the automaker to court. The case made I have to go to a markup. But we can of this body. But it is going on all the its way to the Texas Supreme Court on try to rewrite the facts all we want. We can rewrite and put another spin on it. time. appeal. Justice Owen’s unexplained 16- On the tort case—I know the distin- month delay in writing the court’s We can say, oh, the criticism wasn’t to- guished Senator from Texas is here, opinion in the Ford Motor Company v. ward her, when in essence my belief is and I will yield to her as soon as she is Miles case created a substantial road- that was her point of view that was ready—they bring up again the distor- block for this paralyzed teenager to re- being espoused. But that is fine. I un- tion that she held a case up until this ceive funds to pay for his medical care. derstand this is a fight. I am willing to young boy died. Let me make some im- Priscilla Owen was responsible for two take this fight. I was very proud to say portant observations about the major- of the five years of delay and finally that the people in my State want me to ity opinion Justice Owen wrote in Ford issued a decision that was based on a stand up in these situations because it Motor Company v. Miles because I procedural issue never raised in the goes to the heart of the role of the Sen- think there has been some serious con- case. All of her colleagues on the court ate and it goes to the heart of what believed she had improperly delayed kind of country we will have. It goes to fusion about the case and it is very ap- the case. the heart of what kind of judges we parent that the distinguished Senator The young man died approximately will have. Will they be compassionate? from California is confused. This is the seven years after his accident because Will they be fair? Will they stand up case involving a car accident victim his family could no longer afford for the rights of women? Will they named Willie Searcy who, tragically, round-the-clock monitoring of his ven- stand up for the little guy against the passed away years after his accident tilator. To date, his family has not re- big corporation? You have to look at but before the litigation was resolved. I ceived any funds. This is truly a tragic this particular record. You are not have addressed this issue over and example of delayed justice. This is an going to find someone who doesn’t. over. But it looks as if I must go unprecedented attempt to manipulate I thank my colleague, Senator through it again. the Senate’s role in the confirmation HATCH. I know he strongly disagrees The accusation was once made that process. The Judiciary Committee re- with me. I think that is fine. But he is the victim passed away before the jected this nominee last year. very kind to allow me to go first so I Texas Supreme Court ruled on his ap- The committee performed its con- can go to my hearing for the reauthor- peal. Justice Owen more than set the stitutional rule and voted against Jus- ization of the FAA. record straight last July. The victim tice Owen. However, the White House Thank you very much. I yield the passed away 3 years after the opinion renominated her to the same position. floor and reserve the remainder of the was issued. Yet we hear this again on How could they not have gotten the Democratic time. the floor. message the first time? The PRESIDING OFFICER. The Sen- When are the Democrats going to This process makes a mockery out of ator from Utah. quit distorting President Bush’s nomi- the Senate’s constitutional ‘‘advice Mr. HATCH. Mr. President, I have nee’s record? and consent’’ role. The blatant dis- listened to my distinguished colleague. I have to admit that I used to think regard of the Senate’s constitutional I have to say that if there has been any this was—well, just interesting. But it role is leading us into uncharted terri- attempt to rewrite the facts, it is by has gone on and on. And after you show tory. Let me say this again that Jus- those who have spoken as my friend them the facts, they still distort it. I tice Owen was rejected by the Senate from California has. would have thought that issue moot Judiciary Committee—10–9 on Sep- First of all, they seem to think on because the opinion was issued 3 years tember 5, 2002. The long list of concerns that side that they advance women before he died. But some interest about her record that caused the ma- when they only advance women who groups continue to make this allega- jority of committee members to vote agree with their particular position. tion in spite of the facts. I suspect that against her last year still exist. They don’t even realize that Priscilla the New York Times just copies the I have made it a priority in my ca- Owen agrees with many of their posi- letters in the editorials of People for reer to stand up for consumers and tions as she does with other well- the American Way. It is unbelievable. those who find themselves up against thought-out positions. They think the The allegation was made that Justice huge corporate interests. The people of advancement of women depends only Owen’s opinion was improper based on California know all too well how dif- on if you have women who are going to the issue of venue; in other words, the ficult it is to take on powerful compa- be pro-abortion. question of whether plaintiff’s lawyers nies. The playing field is far from bal- I might add that I don’t know where filed the case in the county that didn’t anced. Priscilla Owen is with regard to abor- have jurisdiction over the dispute.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5622 CONGRESSIONAL RECORD — SENATE May 1, 2003 Some allege that this issue had not rule, since Senator KENNEDY was the Dallas Morning News called her record been raised by the parties in the lower chairman of the committee and was one of accomplishment and integrity. courts. Again, Justice Owen set the the one who established the rule that I The Houston Chronicle wrote: She record straight in no uncertain terms. followed, that says a single Senator has the proper balance of judicial expe- The venue issue was properly consid- can stop a circuit court of appeals rience, solid legal scholarship, and real ered in the Texas Supreme Court. The nominee of the President of the United world knowhow. This is exactly what entire court agreed that it was appro- States. we want in judges, people who have priate for the court to resolve the Senator KENNEDY’s ruling, even with been in the real world, who have prac- venue issue. regard to district courts, was that the ticed law, who know what it is to be in Again, they are wrong, and they are opinions of the Senators with regard to a courtroom and see two sides of the distorting this case. blue slips will have great weight, but issue. She also has the academic quali- I don’t think there is any reason for they will not be dispositive, especially fications that you would want in a that type of distortion. We have ex- where there is no reason for the with- judge. plained it over and over. Justice Owen holding of a blue slip. And in this case, I cannot think of any better quali- was more than clear. Yet they are there is basically no reasoning, and in fication. She has been supported across smearing this judge who has the high- this other case of Carolyn Kuhl. the board by people with whom she has est rating of the American Bar Asso- So I want to set the record straight served, both Democrat and Republican. ciation—unanimously well qualified. there. No President would agree to, and Let me read the words of former That doesn’t happen very often. this Senate should not agree to, one Texas Supreme Court Chief Justice It must also be emphasized that solitary Senator, for political reasons, John Hill, who also served our State as under Texas law the court was required refusing to return a blue slip on a cir- attorney general. He is a Democrat. He to address the issue of venue. The court cuit court of appeals court nominee denounced the false accusations about found that the case was filed in the where that circuit court of appeals Priscilla Owen’s record by special in- wrong venue. It was required to reverse nominee, once on the court, will be rep- terest groups. He said: the verdict. It had no other option. The resenting the whole country, but, of Their attacks on Justice Owen in par- Texas statute governing this issue course, all the States in that particular ticular are breathtakingly dishonest, ignor- read: circuit. ing her long held commitment to reform, and On appeal from the trial on the merits, if I notice the distinguished Senator grossly distorting her rulings. venue was improper, it shall in no event be from Texas is in the Chamber, so I will Tellingly, the groups made no effort harmless error and shall be reversible error. yield—— to assess whether her decisions are le- In other words, the court must re- Mrs. HUTCHISON. Up to 10 minutes. gally sound. He said: verse if improper venue is found. Mr. HATCH. Up to 10 minutes to the I know Texas politics and can clearly say In all honesty, to ensure there is no distinguished Senator from Texas. I that these assaults on Justice Owen’s record confusion about the problem with will continue my remarks afterwards. are false, misleading, and deliberate distor- venue, let me say there was no ques- The PRESIDING OFFICER. The Sen- tions. tion but that Dallas County was the ator from Texas. In addition, another judge with proper place to bring the suit because Mrs. HUTCHISON. Thank you, Mr. whom she served on the Texas Supreme the plaintiffs lived there, bought their President. And I thank the chairman Court, Raul Gonzales, gave her a ster- truck there, and that is where the acci- for yielding time to me to talk about ling endorsement. dent took place. Inexplicably, the law- someone I know well, someone I have Two former State bar presidents who yers filed in another county, Russ observed over the years, and who is one are women—there have not been but County—having absolutely no connec- of the most outstanding people I have three or four women State bar presi- tion whatsoever to the plaintiffs or the ever seen nominated for a Federal dents, one of whom is Harriet Miers, accident. It looked like forum shop- bench. She is a legal scholar. She has who supports Justice Owen; she is now ping—something that should not be the temperament for a judge. And I counsel to President Bush—yesterday permitted by the courts, under any cir- think nothing shows her temperament Colleen McHugh, a Republican, a cumstances, no matter how badly a better than her demeanor during the former State bar president, and Lynne person might have been injured. ordeal through which she has been put. Liberato, a Democrat, a former State If we read between the lines, we can She has been held up since May 9, bar president, ringingly endorsed Jus- see that the lawyers were forum shop- 2001. She has had two hearings—not tice Owen. ping—looking for a favorable jury— one—in which she was grilled by mem- These are the people who have seen something that should not be allowed bers of the Judiciary Committee, and her in action, who have seen her opin- by any court in this land, especially she came out spotlessly clean. And ions, who have worked before her court when it is clear cut that the venue was even Members who today are going to on both sides. They have won, they in Dallas County. vote against her have said she is one of have lost, and they have given her the It must also be noted that the court’s the most qualified legal scholars they ringing endorsement. decision did not prevent the case from have seen before their committee. In I think there are two areas where the being filed in Dallas County or refiled. fact, I have to say, I think there are a other side has distorted the facts. It I am a little tired of the smearing of number of Democrats who really think has continually been quoted, Judge these nominees. I am not saying inten- she should be confirmed, but they are Gonzales’ opinion dissenting from the tional smearing, although it is reach- being held back by the special interest opinion of Justice Owen—hers was the ing that point when you have to say groups and the pressures not to con- dissent; his was the majority—in which over and over, when the justice ex- firm this qualified woman. he said he thought she was being judi- plained herself and made it so abun- Justice Priscilla Owen is an 8-year cially active. But Judge Gonzales is the dantly clear, and we have made it over veteran of the Texas Supreme Court. very person who recommended her to and over ourselves, and the record is so She graduated cum laude from Baylor the President for the Fifth Circuit slot doggone clear. Why would we have, Law School. She earned the highest because he looked at the totality of her time after time, people coming out score on the Texas bar exam that year. record, and he felt that she was the here saying they are advancing the She was a practicing lawyer before she best qualified person for this nomina- cause of women by smearing this was nominated for the supreme court. tion. woman justice and keeping her from And she has been elected since her He held her in such high regard that serving her country on the circuit nomination and won over 80 percent of he singled her out and took her from court of appeals? the vote of Texans and was endorsed by the supreme court to suggest that she One last thing: The Senator also every newspaper in Texas. should be on the Fifth Circuit because complained because she has objected to She enjoys broad support. The Amer- he knows that she follows the law as another nominee when we have the ican Bar Association, as the distin- she sees it and does not allow her per- blue slip back from the other Senator guished chairman mentioned, has voted sonal opinions to interfere, which is from the State. There has never been a her unanimously well qualified. The why I think she has been attacked by

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5623 the pro-abortion groups who misunder- should have the 51-vote standard as the credit Justice Owen as an activist stand her opinions. Constitution intended. I hope the judge, Judge Alberto Gonzales and Sen- Texas has a parental notification Democrats will give her that chance. ator CORNYN, are actually two of her statute on abortion. The law was She is the most qualified person for biggest supporters. All you can con- passed in the year 2000. This is not pa- this position we could ever put for- clude is that they are smearing this rental consent; it is parental notifica- ward. I know her personally. I know very fine, unanimously well qualified tion. So in the years since the law was her integrity. I know what a wonderful woman in their comments and also passed, the supreme court has been human being she is. I have seen her de- through this filibuster. Nothing can called upon to look at the lower court meanor as she has gone through this change the fact that the two they use opinions. Justice Owen has voted with meat grinder. to criticize her are her biggest sup- the majority 11 times out of 14. And, in I hope the Senate will give her the porters. I fit in that category, too, as fact, out of those 14 cases that have dignity she deserves and confirm her one of her biggest supporters. come before the court, only 3 have re- today. No matter how hard they try, they versed the lower court opinions. Mr. HATCH. Madam President, how cannot distort that. The unqualified I think the reason Justice Owen has much time do I have? endorsement of 15 past presidents of so adhered to the lower court fact find- The PRESIDING OFFICER (Ms. MUR- the Texas State Bar, Democrats and ing is for the very reason we want her KOWSKI). The Senator from Utah has 11 Republicans alike, also shows that the on the bench; that is, that she believes minutes remaining. charge is false. Justice Owen is a well the trier of fact is the court that Mr. HATCH. Let me continue then. qualified, mainstream jurist. And to should make the decisions on fact; and This body is in danger of blowing up. say that the bar association is wrong, unless there is a reason to believe that I just read a letter Senator SCHUMER all these Democrats down in Texas are lower court has misconstrued the in- sent to the President yesterday sug- wrong, shows the paucity of the argu- tent of the legislature under the law, gesting that we should take this au- ment. that court should not be reversed. Even thority from the President to nominate Some criticize a few rulings made by if she believes that maybe the court the judges and set up judicial nomi- Justice Owen in some parental notifi- made a mistake on the facts, she does nating commissions in every State. cation cases which involve a minor girl not put herself in the place of the fact There is no President in his right mind seeking an abortion. This is really the finders since she is not the one who who would consider doing that. There basis of it because my colleagues on heard the facts in person. is no reason a President should. To the other side are getting so enamored She is not a judicial activist. She is make a long story short, the Senate is with abortion that that becomes the the opposite. In fact, her record shows broken. The process is broken. Senator single litmus test on every judge. And that she has gone far beyond what SCHUMER admits it. He writes: they are so afraid that this woman most judges do not to put her personal DEAR MR. PRESIDENT: Six months ago you judge might be pro-life, even though I opinions in place. I do not know what described the judicial nomination confirma- don’t know what she is and she didn’t her views on abortion are. She has tion process as ‘‘broken’’ and declared we say what she believes, but she did say never told anyone what her views on have a ‘‘duty to repair it.’’ I could not agree she would follow Roe v. Wade as settled abortion are because she does not ever with you more. law. I don’t know what more you can intend to let her personal views skew The other side of this body under- have. And because she is unanimously an opinion on this very sensitive issue. stands this process is broken because well qualified for honor, integrity, im- She also said, in defending her record they are filibustering now two of the peccability, and so forth, we can take on these issues, that she took the Su- President’s nominees for the first time her word for it. preme Court of the United States inter- in history. Texas happens to have a statute re- pretation of the words that would de- Both of these nominees, Miguel quiring that a minor notify one parent fine when a young woman under the Estrada and Priscilla Owen, have before she has an abortion. The statute age of consent would be able to make unanimously well qualified ratings allows the minor girl’s parents to be the decision on her own without noti- from the American Bar Association, involved in this very important deci- fying her parents. She took the U.S. which during the Clinton years the sion. Our colleagues on the other side Supreme Court, which is exactly what Democrats were saying was the gold apparently don’t think that is a good a judge should do. standard. Once they have a qualified idea. It upholds the right of parents in So I think Justice Owen has been put rating, which is a passable rating, they the upbringing and care of their chil- into the political meat grinder in should be confirmed. These two not dren, and the American people support Washington, DC. Anyone in Texas you only have qualified, they have well the principle. would ask—now, I am not saying that qualified, and unanimously. Only a se- According to a January 2003 CNN/ everyone in Texas would say she is lect few have achieved that rating. It is USA Today/Gallup poll, 73 percent of their choice; I am not saying that be- outrageous that we hear again and Americans favor requiring minor girls cause I have not talked to everyone in again, without a single pause, that a to obtain parental consent before ob- Texas about her in particular, but the nominee rated unanimously well quali- taining an abortion. The Texas statute vast majority of people who know her fied for Federal judicial service is ‘‘out doesn’t even go that far; it requires best, who have practiced before her of the mainstream.’’ only notice. This broad support is also court, who know the supreme court Those who have served with her on found in the individual States. Cur- and what it takes to be a good judge, the Texas Supreme Court know that rently, 32 States across the country en- they have come up here, Democrats charge is false. Former Texas Supreme force laws requiring parental involve- and Republicans—not just Democrats Court Justices John Hill, Jack High- ment in a minor girl’s decision to ob- and Republicans, leading Democrats tower, Raul Gonzalez, all Democrats, tain an abortion. Fully 18 States en- and Republicans, the former Demo- call Justice Owen unbiased and re- force parental consent laws, including cratic attorney general, the former strained in her decisionmaking, and Louisiana, Massachusetts, Michigan, Democratic supreme court chief jus- they praise her impeccable integrity, North Carolina, North Dakota—where tice, and another former Democratic character, and scholarship. both parents must consent—Rhode Is- justice on the supreme court—they Senator CORNYN, whom we all re- land, and Wisconsin. These are States have come forward to say she should be spect, who served with Justice Owen on represented in the Senate by both Re- confirmed, that they support her, that the Texas Supreme Court, has made it publican and Democratic Senators, she is the right kind of person for a clear that the charge is false. Alberto pro-life and pro-choice Senators. These judgeship. Gonzales, who also served with Justice are States inhabited by people of a va- I hope we will be able to meet the 60- Owen, said the charge is false. Senator riety of beliefs and positions. vote standard the Democrats are now CORNYN and Judge Gonzales believe Simply being pro-life or pro-choice setting for many judges. That 60-vote Justice Owen is a terrific judge. The does not make a person out of the standard is wrong. It is against the two individuals who are repeatedly mainstream. That is the only argu- Constitution. She deserves a vote. She drafted as prosecution witnesses to dis- ment they have. How can you call

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5624 CONGRESSIONAL RECORD — SENATE May 1, 2003 somebody who has a unanimously well much some would prefer to argue the commercial litigator specializing in oil qualified rating from the American Bar point, these cases were not about the and gas matters. Association out of the mainstream? right to an abortion. Justice Owen is known for her serv- That is the height of absurdity, and it The opposition to Justice Owen may ices for the poor and for her work on shows the ridiculousness of the argu- show that the abortion litmus test is gender and family law issues. Justice ment being used against her. alive and well, but there was never any Owen has taken a genuine interest in Another 14 States have less stringent question about the girls’ right to an improving access to justice for the parental involvement laws requiring abortion in these cases. poor. She successfully fought with oth- parental notification before a minor Indeed, Justice Owen argued in one ers for more funding for legal aid serv- has an abortion, including the States such case that, based on Supreme ices for the indigent. of Arkansas, Delaware, Georgia, Iowa, Court precedent, a statute requiring a Justice Owen is committed to cre- Maryland, Minnesota, Texas, and West girl to notify both parents would also ating opportunities for women in the Virginia. New Hampshire, which is be questionable under the Constitu- legal profession. She has been a mem- known as a pro-choice State because of tion. She even went that far toward ber of the Texas Supreme Court Gender widespread support for abortion rights their position. Justice Owen recognizes Neutral Task Force, and she served as among State citizens, is close to pass- a woman’s right to obtain an abortion. one of the editors of the Gender Neu- ing a parental notification law. Nota- She said so explicitly. Yet, they treat tral Handbook. Incredibly, this is the bly, the bill’s main sponsor in New her like she is going to throw out Roe same woman the usual interest groups Hampshire openly supports abortion V. Wade all by herself and ignore prece- mischaracterize as ‘‘anti-woman.’’ rights. dent. Justice Owen’s confirmation may not Even in States with no laws requir- Justice Owen has been well within be cheered by the well-funded and par- ing parental involvement in a minor’s the mainstream of her court in the 14 tisan Texas trial-attorney interest abortion decision, popular support for decided notification cases, joining the groups, but she is backed by Texas law- such legislation runs high. In the State majority judgment in 11 of those cases. yers such as E. Thomas Bishop, presi- of Vermont, more than 70 percent of And out of the close to 800 bypass cases dent of the Texas Association of De- State citizens support requiring a since the Texas statute was passed, a fense Counsel, and William B. Emmons, minor to notify her parents before hav- mere 12 girls out of 800 have appealed a Texas trial attorney and a Democrat ing an abortion. You would think any- all the way to the Texas Supreme who says that Justice Owen ‘‘will serve body with a brain would want to do Court. These are usually the toughest [the Fifth Circuit] and the United that. These are kids. The parents ought cases. The Democrats take the position States exceptionally well.’’ to be involved. that they ought to all be decided Justice Owen has served on the Texas But by comparison, parental consent against the parents and in favor of the Supreme Court since 1994, winning re- and notification laws are consistently girl or of abortion rights. My gosh. By election to another 6-year term in the opposed by the same abortion rights in- this time, two courts—the trial and the year 2000 with 84 percent support. terest groups. These organizations are appeals courts—have already consid- This kind of support—running across the ones that do not reflect the think- ered the bypass petition and turned it the board and across party lines— ing of mainstream America on parental down. In other words, the right of a leaves no doubt that Justice Owen is a rights. Mainstream America supports court to give a girl a bypass to avoid fair-minded, mainstream jurist. the fundamental rights of parents in having to tell her parents. In these Mr. President, Justice Priscilla Owen the rearing of their children, including cases, they turned them down. Given will be a terrific Federal judge. As I the right to be involved in their minor the deference appellate courts must said earlier, we have a choice this daughter’s reproductive choices. pay to the findings of the trial court, morning. Will we block another highly The abortion rights interest groups, the decision is likely to affirm the qualified nominee for partisan reasons as they do over and over, predict doom lower court rulings denying a bypass. or will we allow each Senator to decide and gloom if Justice Owen is allowed to That should be no great surprise. the merits of the nomination for him- take a seat on the Federal bench. They Certainly, Justice Owen and her col- self or herself. I know my choice: we trot out the excited rhetoric about the leagues on the Texas Supreme Court should allow a vote. I hope my col- nominee’s hostility and extreme insen- disagreed in some cases—that is no sur- leagues will do the right thing and sitivity to abortion rights. Occasion- prise either; that happens on State su- make the same choice. ally they even top themselves. Accord- preme courts—but in all cases there I will conclude by saying, look, when ing to one group, Justice Owen must be was a genuine effort to apply applica- I hear on the other side that they are opposed because ‘‘at this time of global ble precedent. These parental consent standing up for women’s rights, while turmoil, we don’t need extremists in cases show Justice Owen takes Su- they are rejecting one of the leading the courts willing to make a Dred preme Court precedent seriously. She woman jurists in the Nation who has Scott decision in the area of women’s looks to precedent for guidance, she said she will uphold their wonderful fundamental rights.’’ cites it, and she makes a good faith ef- standard of Roe v. Wade, I have to say Give me a break. I would be ashamed fort to apply it to the case at hand. She that is pure bunk. It is time to quit to make those arguments, yet that is is a judge who defers to the legisla- smearing these judges. what they are doing. They are smear- ture’s considered judgment in their I yield the floor. ing this woman with these kinds of ar- policy choices and earnestly seeks to The PRESIDING OFFICER. The Sen- guments that fly in the face of the vast ascertain legislative intent in her rul- ator from Vermont is recognized. majority of people who believe parents ing. None of her opinions, to quote the Mr. LEAHY. Madam President, how do have some role with regard to their Washington Post, ‘‘seem[s] to us [to be] much time is available to the Senator children, especially in something as beyond the range of reasonable judicial from Vermont? important as whether or not their disagreement.’’ The PRESIDING OFFICER. There daughter should have an abortion. What is beyond the range of reason- are 18 minutes 15 seconds remaining. By now we know these outside able disagreement is the charge that Mr. LEAHY. I thank the distin- groups’ track record leaves much to be Justice Owen is not qualified to sit on guished Presiding Officer. desired when it comes to predicting the Fifth Circuit Court of Appeals. Madam President, I regret we have to how judicial nominees will vote. These A native of Texas, Justice Owen at- be here today, but we are here because groups have cried wolf far too many tended Baylor University and Baylor the President has picked another fight times to be taken seriously any longer. University School of Law. She grad- with the Senate by renominating a di- We know they missed on Justice David uated cum laude from both institu- visive and controversial activist to an- Souter, Justice John Paul Stevens, tions. She finished third in her law other circuit court. That is regrettable. Justice Lewis Powell, when they pre- school class. The Republican leadership in the Sen- dicted at their hearings they would ig- Justice Owen earned the highest ate is forcing this confrontation at this nore the Constitution and put an end score on the Texas bar exam and there- time, and it is neither necessary nor to freedom in America. No matter how after worked for the next 17 years as a constructive. I am sorry the White

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5625 House has chosen to make these mat- been held up on the Republican side. I This nomination is extreme. This ters into partisan political fights, rath- don’t know if we are going to be nominee has shown herself to be a judi- er than working with Senators on both blamed for holding up this judge or cial activist and extremist even on the sides of the aisle to fill judicial vacan- not. We have all agreed we are ready to very conservative Texas Supreme cies with qualified consensus nominees. go forward with a short time agree- Court where her conservative col- I have been here with six Presidents. ment and a vote. He will be confirmed. leagues have criticized her judgements Five of them, from both parties, would He is not being held up on the Demo- as activist. They have done it not once, work with members on both sides of cratic side, but by the Republican side, not twice but again and again. the aisle for consensus nominees. This even though he is one of President The nomination process starts with is the first President who has not. De- Bush’s nominees. the President. It is high time for the spite what is really a historic low level There is also Judge Cecilia Altonaga, White House to stop the partisanship of cooperation from the White House— on whom we have been seeking consid- and campaign rhetoric. Work with us and it is the lowest level of cooperation eration for some time. I hope the Re- not to divide us but to unite us, and from any White House I have ever had publican leadership will let them go work with us to ensure the independ- experience with in my 30 years in the forward. ence and impartiality of the Federal Senate—we have already confirmed 120 We are making progress. The glass is judiciary, something that Presidents of President Bush’s judicial nominees. not full, but it is more full than empty. have cherished for over 200 years, so We have confirmed 120. We have re- More has been achieved than some that all the American people, whether jected 2 out of 120. That is not a bad want to acknowledge. There have been they are Republicans or Democrats, record. Some of them we voted for, in- 120 lifetime confirmations in less than rich, poor, White, Black, plaintiff or cluding some of the most divisive and 2 years. That is better than in any 2- defendant, can go into every Federal controversial nominees sent up by any year period from 1995 through the year courtroom across the country and President. So 120 passed, 2 are being 2000. Why do I mention that time? Be- know that they will receive a fair hear- held up. I don’t know where that shows cause the Republicans were in charge ing and justice under the law; that an obstructionist Senate. This week and President Clinton was the Presi- they will come into the one place that the Senate debated and voted on the dent. We have done better in less than is supposed to be impartial, the one nomination of Jeffrey Sutton to the 2 years than in any 2-year period when place that is supposed to be non- Sixth Circuit. This was a divisive one, they were in charge. This time, 17 political, the one place that is supposed and I think the fact that it is so divi- months of that was under Democratic to look only at the litigants and the sive is shown by the fact he got the control, where we set a record with the law, and so they will not go instead fewest number of favorable votes of number of Senatorial confirmations of into a politicized, partisan Federal ju- any confirmation in almost 20 years— Presidential nominations. diciary. That would be a mistake that We have reduced judicial vacancies barely a majority. He got 52. That is would hurt us all and that is what we to 48, which is the lowest percentage in the lowest number of votes any judge are trying to avoid now. more than 12 years. During the entire has had in about 20 years. That reflects How much time is remaining on this 8-year term of President Clinton, the the fact we have reached the point in side? Republicans never allowed the vacancy The PRESIDING OFFICER. Nine the queue where many of these nomi- rate to get this low. We have made tre- minutes twenty seconds remaining. nations divide the American people and mendous progress. Mr. LEAHY. I yield such time as he the Senate far more than they unite The Republicans continue their may consume to the distinguished sen- us. I urge the President to be a uniter, drumbeat of political recriminations. ior Senator from New York. not a divider. This is the third con- We ought to talk about how far we Mr. SCHUMER. Madam President, I troversial judicial nominee of this have come with the 110 vacancies want to thank our leader on the Judici- President against whom more than 40 Democrats inherited from the Repub- ary Committee for his indefatigable ef- negative votes were cast. lican majority in the summer of 2001. forts to keep the bench nonpartisan, or Our Senate Democratic leadership is We have cut those vacancies in half. bipartisan, or at least moderate, as working hard to correct some of the Under the Republican majority, cir- much as he has done. History will look problems that arose with some of the cuit vacancies more than doubled and back very kindly on the leadership of earlier hearings and actions of the Ju- overall vacancies increased signifi- the Senator from Vermont and say diciary Committee this year. Just yes- cantly. Despite the fact that more than that he made a courageous fight. Many terday, we were able to hold a hearing 40 additional vacancies have arisen of us are proud to be at his side in that on the nomination of John Roberts to since the summer of 2001, we have cut fight. the District of Columbia Circuit. He those vacancies by more than in half, I will speak for a few minutes about was put in almost as an afterthought. from 110 to 48. If we had a little bit of the nomination of Judge Owen. The There was a massive day of hearings, cooperation from the other end of issue is not whether Judge Owen is a and he was not able to get a full hear- Pennsylvania Avenue and from the conservative; it is whether she will ing. This was done by the Republican other side of the aisle, we could achieve take her own views and subrogate them leadership. I appreciate the fact they so much more. to the views of what the law is. If we recognized that was wrong and they This is a nomination that should not look at her history, time and time had another hearing yesterday. We are have been made in the first place and again Judge Owen has been unwilling all working hard to complete com- never should have been remade in the to follow the law and instead impose mittee consideration of that nomina- second place. It was rejected by the Ju- her own very conservative ideology on tion at the earliest opportunity. diciary Committee last year after a the courts. She is clearly not a mod- The distinguished chairman of the fair hearing and extensive and thought- erate, but it is not even that she is a Senate Judiciary Committee said he ful substantive consideration. I think conservative that bothers many of us. I will put off that nomination today for the White House would rather play pol- have voted for over 100 judges that the a hearing sometime next week, and we itics with judicial nominations than President has nominated, and the vast will have a vote on him. solve problems. This unprecedented re- majority could clearly be classified as I am optimistic our leadership will be nomination of a person voted down by conservative. In fact, what worries us able to work out a procedure for Sen- the Senate Judiciary Committee is about Judge Owen is that she is what ate consideration of the nomination of proof of that. conservatives used to excoriate, an ac- Deborah Cook to the Sixth Circuit. So I thank the Democratic leader, the tivist, somebody who will impose her a number of controversial nominations assistant leader, and my Democratic own views because she feels them so are being considered. I point out there colleagues who have spoken so elo- strongly and passionately. are other nominations, such as that of quently and passionately to these mat- I respect people who feel things pas- Judge Edward Prado of Texas, a distin- ters. Particularly the statements of sionately. I do. But when someone is a guished Hispanic jurist. Every Demo- Senators MIKULSKI, MURRAY, CANT- judge, that is not what they should cratic Senator said they are willing to WELL, and STABENOW yesterday were bring to the bench. It is not really pas- go forward with a vote on him. He has outstanding. sion, except in rare instances, that

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5626 CONGRESSIONAL RECORD — SENATE May 1, 2003 serves the bench well. It is, rather, an ing for what the Founding Fathers in- spect to Justice Owen does not center ability to understand the law and fol- tended judges to be, we are fighting a on her unwillingness to answer ques- low it. President who is more ideological in tions at her confirmation hearing. I do not have many doubts that his selection of judges than any, and Quite the contrary: Justice Owen’s an- Judge Owen understands the law. She we will continue this fight. swers to our questions made one thing is a bright person. I have very real I have seen our caucus. We were hesi- crystal clear—her consistent record of doubts whether she will follow it. tant when we took the first steps. We judicial activism, and her dem- Conservative members of the Texas are stronger. I think we feel this issue onstrated willingness to substitute her bench, none other than Judge more passionately than before, not at judgment and policy preferences for Gonzales, now the President’s counsel, all for political reasons. I can’t tell you those of the legislature. have pointed out in instance after in- where the political chips fall out on As Justice Owen’s record became stance where Judge Owen has simply this one. It is a rather esoteric issue. A known last year, we grew increasingly gone far afield and imposed her own few people in America on each side feel concerned about her willingness to views rather than do what the Found- strongly about the issue but most do bend the law to suit her own strongly ing Fathers wanted. I speak of the not. We know we are doing the right held opinions under the guise of ‘‘inter- Founding Fathers, and it is a timely thing. pretation.’’ We should not be concerned coincidence that our leader from West I am proud of our caucus. I am proud that her views are conservative on Virginia has come in. He has been the of this moment today. I think it is so many issues. However, when those be- guardian of the Constitution, and he important to try to get the President liefs interfere with her ability to apply could tell us better than anyone else to back off this plan, which is so out of the law, we are forced to oppose her that the Founding Fathers asked— the thinking of the Founding Fathers, nomination. judges to interpret the law, not make to make law from the one nonelected Merely reviewing the comments of law. The great irony, as we go through section of the Government, the judici- her fellow Texas Supreme Court jus- these debates, is that in the 1960s and ary, the article III section. tices compels us to the unfortunate 1970s the hue and cry of people of Judge So I will stand proudly today and conclusion she cannot be trusted to ac- Owen’s philosophy was that judges are move that we not go to vote on Judge curately interpret the law. In a variety making law from the bench. Owen, not because she has not an- of cases, her colleagues have criticized I had some sympathy for those argu- swered questions. To her credit, she her opinions for not being grounded in ments then. I have sympathy now, even was more forthright than Miguel the law. She is clearly and consistently though I might be very sympathetic to Estrada and, frankly, than John Robert outside of the mainstream in many the laws they were making. But now, of yesterday but, rather, because she cases. In an environmental case, FM all of a sudden we have had nominee does not represent the kind of judge Properties, she was criticized for bas- after nominee who are not activists the Founding Fathers wanted and ing her arguments on ‘‘flawed prem- from the left but activists from the America should have. I hope we can de- ises’’ and ‘‘inflammatory rhetoric.’’ In right. It is quite logical that if one is feat her. an age discrimination suit, Quantum on either the far left or the far right, I yield my remaining time back to Chemical, she was criticized by the ma- they will have much more of a desire— our leader from Vermont. jority for not following the plain mean- Mr. KOHL. Mr. President, I rise there are exceptions to every rule but ing of the statute. In a consumer law- today in opposition to the nomination much more of a desire to impose law suit, Texas Department of Transpor- of Priscilla Owen to the U.S. Court of rather than interpret law, and of all tation, the majority criticized her, Appeals for the Fifth Circuit and also the nominees who have come before us, writing that ‘‘the statute’s plain mean- in opposition to ending debate on con- Judge Owen seems to be the apotheoses ing’’ indicated that she was wrong. of that view because in case after case sideration of her nomination. I believe that a filibuster of a judicial And, finally, in Doe I, a choice case in that is exactly what she has done. which she dissented, then Justice Many of us believe, for instance, that nominee is an extraordinary measure, Alberto Gonzales called her dissent ‘‘an Miguel Estrada would do the same a step to be taken only in the most unconscionable act of judicial activ- thing, but he does not have a record compelling circumstances. The case of ism.’’ and he refuses to answer questions. But Justice Owen is one of those rare situa- with Judge Owen, the record is crystal tions. In Justice Owen, we are pre- There is a pattern to this criticism clear that in instance after instance sented with a nominee whose record that should not be ignored. She repeat- she has not subrogated her own per- demonstrates that she is so far outside edly alters the law to fit her views in sonal feelings but, rather, let them the mainstream and so clearly prone to ways that the legislature did not in- dominate her decisionmaking. That is substitute her personal preferences for tend and that the majority of her own not what a judge ought to be. the legally required result as to compel court condemns. We will defeat this motion for clo- this conclusion. We all know that the law is subject ture, and I am glad we will. History Our debate today is not, of course, to interpretation and manipulation. will look kindly on that as well be- the first time the Senate has consid- The manner in which a judge interprets cause never has a President of the ered Justice Owen’s nomination. She law is particularly important when United States been more ideological in was nominated for a seat on the Fifth considering a nominee to an appellate his selection of judges, never. Circuit last year, and we held an exten- court. On the circuit court, subject I have been studying the history and sive hearing at the Judiciary Com- only to the infrequent supervision of for the first time, this President— mittee on her nomination. After meet- the U.S. Supreme Court, a judge has whether because he wants to win polit- ing with her, and thoroughly reviewing considerable leeway to make policy if ical favor of the hard right or because her record and her testimony, I op- she chooses with little concern of being he believes it himself, I do not know; I posed her nomination. Despite her de- overruled. have not discussed it with him—this feat in the Judiciary Committee last Justice Owen’s willingness to bend President wishes to change America year, the President saw fit to renomi- the law to suit her policy preferences through the article III section of Gov- nate Justice Owen for the Fifth Circuit are unacceptable, especially for a ernment, the judiciary. And so nomi- once again this year. Nothing at her nominee to an appellate court judge- nee after nominee is not just a main- most recent confirmation hearing al- ship. Justice Owen’s nearly decade long stream conservative but somebody who ters my conclusion that she is fun- record as a Texas Supreme Court Jus- wears their views on their sleeve and is damentally unfit for a federal appellate tice gives us little confidence that she not at all shy about imposing those judgeship. will faithfully discharge her obliga- views on court decisions. My opposition to Justice Owen is not tions as a federal appellate judge. To So those of us on this side who are because of any doubts regarding her in- proceed with Justice Owen’s nomina- opposing Judge Owen, and some of the tellectual ability—we all recognize her tion would mean taking the risk of other judges, believe that we are fight- legal talents. And, unlike Miguel placing on a Federal court of appeals ing for the Constitution, we are fight- Estrada, my primary concern with re- for life someone who has repeatedly

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5627 demonstrated little hesitance to dis- give the President the right to appoint know, that was not for lack of nomi- regard clear statutory language to re- judicial activists who have not dem- nees to consider. President Clinton write the law to suit her personal pref- onstrated a respect for the law, or an nominated three well-qualified lawyers erences. This is a risk we cannot take. ability to set aside their personal be- to the Fifth Circuit—Jorge Rangel, Anyone who reviews my record on ju- liefs in order to interpret the law in a Enrique Moreno, and Alson Johnson. dicial nominations knows that I have fair and impartial manner. None of these nominees even received a not reached my decision to support ex- Additionally, a President has never hearing before this Committee. When tended debate here—indeed my deci- resubmitted a previously rejected cir- then-Chairman LEAHY held a hearing in sion to oppose Justice Owen’s con- cuit court nominee for the same va- July 2001 on the nomination of Judge firmation—lightly. Justice Owen is cancy, as this President has with Ms. Clement for a seat on the Fifth Circuit, only one of only seven judicial nomi- Owen. And, the Judiciary Committee only a few months after she was nomi- nees I have opposed in my entire 14 for the first time approved a nominee nated, and less than 2 months after years in the Senate. But this nominee’s that it had previously rejected. That Democrats took control of the Senate, extreme record leaves me no choice. I nominee is Ms. Owen. it was the first hearing in this com- will vote to oppose cloture on her nom- So not only does her record of judi- mittee for a Fifth Circuit nominee ination. cial activism disqualify her for a life- since September 1994. Judge Clement, Mr. BAUCUS. Mr. President, I would time appointment to the Fifth Circuit, of course, was confirmed later in the like to briefly explain why I will vote her approval by the Judiciary Com- year. against cloture on the nomination of mittee and consideration by the full So, there’s a history here, and a spe- Priscilla R. Owen to the U.S. Court of Senate is highly unusual and without cial burden on President Bush to con- Appeals for the Fifth Circuit. precedent. sult with our side on nominees for this Ms. Owen’s record reveals that she is For all of the above reasons, I must Circuit. Otherwise, we would simply be a judicial activist and an ideologue. As oppose Ms. Owen’s nomination to the rewarding the obstructionism that the newspaper editorials and several of our Fifth Circuit and vote against cloture President’s party engaged in over the colleagues have pointed out, she has on her nomination. last 6 years by allowing him to fill with created a strong record of rewriting the Mr. FEINGOLD. Mr. President, I will his choices seats that his party held law when it does not match her per- vote no on the nomination of Priscilla open for years, even when qualified sonal convictions and beliefs. For those Owen to be a judge on the U.S. Court of nominees were advanced by President reasons, she does not deserve a life- Appeals for the Fifth Circuit and no on Clinton. And I say once again, my col- time appointment to the U.S. Circuit cloture. I’d like to take a moment to leagues on the Republican side bear Court of Appeals. I cannot in good con- explain my decision. some responsibility for this situation, science, exercising my duty under the There are a number of factors that I and they can help resolve it by urging Constitution, allow her to be appointed believe require us to give this nomina- the administration to address the in- to as powerful and influential a body as tion very careful consideration. First, justices suffered by so many Clinton the Fifth Circuit. we should consider that judges on our nominees. One step in the right direc- Appointees to the Federal bench Courts of Appeals have an enormous in- tion would be for my Republican col- must be able to set aside their personal fluence on the law. Whereas decisions leagues to urge the President to re- philosophies and beliefs. They must be of the District Courts are always sub- nominate some of those Clinton nomi- able to administer and enforce the law ject to appellate review, the decisions nees that never received a hearing or in a fair and impartial manner. Be- of the Courts of Appeals are subject vote in this committee. That includes cause the U.S. Supreme Court hears only to discretionary review by the Su- Clinton nominees to the Fifth Circuit. fewer and fewer cases each year, the preme Court. The decisions of the With that background, let me outline circuit courts are the court of last re- Courts of Appeals are in almost all the concerns that have caused me to sort for many ordinary citizens and cases final, as the Supreme Court reach the conclusion that Justice Owen businesses. The circuit courts often agrees to hear only a very small per- should not be confirmed. have the last word on important cases centage of the cases on which its views Justice Owen has had a successful dealing with civil rights, environ- are sought. that means that the scru- legal career. She graduated at the top mental protection, labor issues, and tiny that we give to Circuit Court of her class from Baylor University many others. Circuit court judges must nominees must be greater than that we Law School, worked as an associate demonstrate a record of integrity, hon- give to District Court nominees. and partner at the law firm of Andrews esty, fairness, and a willingness to up- Another important consideration is and Kurth in Houston, and has served hold the law. Ms. Owen fails this test. the ideological balance of the Fifth on the Texas Supreme Court since Jan- For example, Ms. Owen has published Circuit. The Fifth Circuit is comprised uary 1995. These are great accomplish- opinions and dissents that have drawn of Texas, Louisiana, and Mississippi. ments. criticism from other conservatives and The Fifth Circuit contains the highest But Justice Owen’s record as a mem- Republicans as inconsistent with the percentage of minority residents—over ber of the Texas Supreme Court leads law or facts in front of her. We’ve 40 percent—of any circuit other than me to conclude that she is not the heard over and over about her decision the D.C. Circuit. It is a court that dur- right person for a position on the Fifth in FM Properties v. City of Austin, ing the civil rights era issued some of Circuit. I am not convinced that Jus- where the majority on the Texas Su- the most significant decisions sup- tice Owen will put aside her personal preme Court—consisting of two current porting the rights of African American views and ensure that all litigants be- Bush appointees and current White citizens to participate as full members fore her on the Fifth Circuit received a House counsel Alberto Gonzales—called of our society. As someone who be- fair hearing. Her decisions in cases in- her dissent ‘‘nothing more than inflam- lieves strongly in freedom, liberty, and volving consumers’ rights, worker’s matory rhetoric.’’ equal justice under law, and the impor- rights, and reproductive rights suggest Additionally, in her dissent to the tant role of the Federal courts to de- to me that she would be a judge who Texas Supreme Court decision In re fend these fundamental American prin- would be unable to maintain an open Jane Doe 1, Owen proposed to require a ciples, I am especially concerned about mind and provide all litigants a fair minor to show knowledge of religious the make-up of our circuit courts and and impartial hearing. arguments against abortion. In a sepa- their approaches to civil rights issues. Justice Owen has a disturbing record rate concurrence, Mr. Gonzales said Even after 8 years of a Democratic of siding against consumers or victims that to the interpret the law as Owen President, the Fifth Circuit had twice of personal injury and in favor of busi- did ‘‘would be an unconscionable act of as many Republican appointees as ness and insurance companies. When judicial activism.’’ Democratic appointees. that is because the Texas Supreme Court, which is a The administration has every right during the last 6 years of the Clinton very conservative and pro-business to appoint judges who share the Presi- administration, the Judiciary Com- court, rules in favor of consumers or dent’s philosophy and beliefs. That is mittee did not report out a single judge victims of personal injury, Justice entirely proper. However, that does not to the Fifth Circuit. And as we all Owen frequently dissents. According to

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5628 CONGRESSIONAL RECORD — SENATE May 1, 2003 Texas Watch, during the period 1999– tions in cases interpreting this law, fo- courts have long prohibited federal law 2002, Justice Owen dissented almost 40 cusing on Justice Owen’s insistence in clerks both from receiving bonuses dur- percent of time in cases in which a con- In re Jane Doe, 19 S.W. 3d 249, 264–65, ing their clerkships and from working sumer prevailed. But in cases where 2000, Owen, J., concurring, Doe 1 (I)), on cases involving their prospective the consumer position has not suc- that teenagers be required to consider employers. I’m pleased that the Texas ceeded, Justice Owen never dissented. ‘‘philosophic, social, moral, and reli- Supreme Court finally recognized this At her first hearing, Senator KEN- gious’’ arguments before seeking an ethical problem and changed its code of NEDY and Senator EDWARDS asked Jus- abortion. In her opinion, Justice Owen conduct for clerks. Justice Owen, in tice Owen to cite cases in which she cited the Supreme Court’s decision in contrast, seems intent on defending the dissented from the majority and sided Planned Parenthood of Southeastern prior, indefensible, practice. in favor of consumers. Justice Owen Pennsylvania v. Casey, 505 U.S. 833, 1992, Finally, I want to note the unusual could cite only one case, Saenz v. Fidel- to support her contention that states nature of this particular nomination. ity Guaranty Ins. Underwriters, 925 S.W. can require minors to consider reli- Unlike so many nominees during the 2d 607, Tex. 1996. But Justice Owen’s gious views in their decision to have an Clinton years, Justice Owen was con- opinion in this case hardly took a pro- abortion. But, as Senator CANTWELL sidered in the Judiciary Committee consumer position since it still would noted, Casey in no way authorizes under Senator LEAHY’s leadership last have deprived the plaintiff of the entire States to require minors to consider re- year. She had a hearing, and she had a jury verdict. She did not join Justice ligious arguments in their decision on vote. Her nomination was rejected. Spector’s dissent, which would have whether to have an abortion. Upon this This is the first time in history that a upheld the jury verdict in favor of Ms. further questioning, Justice Owen then Circuit nominee who was formally re- Saenz. said that she was referring to another jected by the Committee, or the full Also during that first hearing, Sen- Supreme Court case, H.L. v. Matheson, Senate for that matter, has been re- ators FEINSTEIN and DURBIN questioned 450 U.S. 398, 1981, even though her opin- nominated by the same President to Justice Owen about Provident American ion only cited Casey for this propo- the same position. I do not believe that Ins. Co. v. Castaneda, 988 S.W. 2d 189, sition. And even Matheson does not say defeated judicial nominations should Tex. 1998. In that case, the plaintiff that minors can be required by state be reconsidered like legislation that is sought damages against a health in- law to consider religious arguments. It not enacted. After all, legislation can surer for denying health care benefits, is my view that Justice Owen was be revisited after it is enacted. If Con- after the insurer had already provided going beyond not only a plain reading gress makes a mistake when it passes a pre-operative approval for the surgery. of the Texas statute, but Supreme law, it can fix that mistake in subse- Justice Owen, writing for the majority, Court case law, and inappropriately in- quent legislation. Judicial appoint- reversed the jury’s verdict in favor of jecting her own personal views to make ments are for life. Confirmations can- the plaintiff and rejected the plaintiff’s it more difficult for a minor to comply not be taken back or fixed. A vote to claim that the health insurer violated with the statute and obtain an abor- confirm a nominee is final. A vote to the Texas Insurance Code and the De- tion. reject that nominee should be final as ceptive Trade Practices Act. At the I was also not satisfied with Justice well. For the President to renominate hearing, Justice Owen defended her Owen’s responses to my questions a defeated nominee and the Senate to opinion by saying that she believed about bonuses to Texas Supreme Court reconsider her simply because of the that the plaintiff was seeking extra- law clerks. I asked her at the hearing change of a few seats in an election contractual damages and that the whether she saw any ethical concerns cheapens the nomination process and plaintiff had already received full cov- with allowing law clerks to receive bo- the Senate’s constitutional role in that erage under the policy and statutory nuses from their prospective employers process. penalties. But, in the words of her col- during their clerkships. I also explored I believe Justice Owen is bright and league, Justice Raul Gonzalez, who the topic further with her in followup accomplished. But I sincerely believe wrote a dissent, Justice Owen’s opinion written questions. Justice Owen stated that based on her judicial record, Jus- ‘‘may very well eviscerate the bad- repeatedly in her written responses to tice Owen is not the right choice for faith tort as a viable case of action in my questions that she is not aware of this position. I wish her well in her continued work on the Texas Supreme Texas.’’ Id. at 212, Gonzalez, J., joined law clerks actually receiving bonuses Court, and I hope the President will by Spector, J., dissenting. The cause of while they were employed by the put forward a nominee for this circuit action for bad faith is designed to deter Court. She reaffirmed that testimony who the committee can have con- insurers from engaging in bad faith in her second hearing. This seems im- fidence will enforce the law fairly and practices like denying coverage in the plausible given the great amount of publicity given to an investigation pur- impartially to all litigants. first place. Mrs. BOXER. Mr. President, I want In addition, with respect to several sued by the Travis County Attorney of to respond to my colleague from Utah, decisions involving interpretation and exactly that practice and the well pub- Mr. HATCH, regarding Priscilla Owen’s application of the Texas parental noti- licized modifications to the Texas Su- dissent in the case In re Doe, 19 S.W.3d fication law, I am deeply troubled by preme Court’s rules that resulted from 346, Texas 2000. Justice Owen’s apparently ignoring the that investigation and the accom- Let me emphasize the fact that Jus- plain meaning of the statute and in- panying controversy. tice Owen wrote her own dissenting jecting her personal beliefs concerning Even more disturbing, Justice Owen opinion in this case. Justice O’Neill de- abortion that have no basis in Texas or took the position, both at the first livered the opinion of the court, joined U.S. Supreme Court law. In 2000, the hearing and in her responses to written by Justice Enoch, Justice Baker, Jus- Texas legislature enacted a parental questions, that because the Texas Su- tice Hankinson, and Justice Gonzales notification law that allows a minor to preme Court Code of Conduct requires and by Chief Justice Phillips as to obtain an abortion without notifica- law clerks to recuse themselves from Parts II and III. Justice Enoch filed a tion of her parents if she demonstrates matters involving their prospective concurring opinion, joined by Justice to a court that she has complied with employers, there really is no ethical Baker. Justice Gonzales filed a concur- one of three ‘‘judicial bypass’’ provi- concern raised by law clerks accepting ring opinion, joined by Justice Enoch. sions: (1) that she is ‘‘mature and suffi- bonuses while employed with the Three Justices dissented in this case, ciently well informed’’ to make the de- Court. I disagree. It is not sufficient for each filing the own separate opinion. cision without notification to either of law clerks to recuse themselves from The dissenting opinions were written her parents, (2) that notification would matters involving their prospective by Justice Hecht, Justice Owen, and not be in her best interest, or (3) that employers if they have received thou- Justice Abbott. notification may lead to her physical, sands of dollars in bonuses while they Justices Gonzales, in his concurring sexual, or emotional abuse. are working for the court. The appear- opinion, very clearly voices criticism During Justice Owen’s first confirma- ance of impropriety and unfairness of the dissenting opinions: tion hearing, Senator CANTWELL ques- that such a situation creates is unten- The dissenting opinions suggest that the tioned Justice Owen about her posi- able. As I understand it, the federal exceptions to the general rule of notification

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5629 should be very rare and require a high stand- Mr. MCCONNELL. I announce that The assistant legislative clerk pro- ard of proof. I respectfully submit that these the Senator from Oklahoma (Mr. ceeded to call the roll. are policy decisions for the Legislature.... INHOFE) is necessarily absent. Mr. REID. Mr. President, I ask unan- Thus, to construe the Parental Notification Mr. REID. I announce that the Sen- imous consent that the order for the Act so narrowly as to eliminate bypasses, or to create hurdles that simply are not to be ator from Florida (Mr. GRAHAM), the quorum call be rescinded. found in the words of the statute, would be Senator from Connecticut (Mr. LIEBER- The PRESIDING OFFICER (Mr. GRA- an unconscionable act of judicial activism. MAN), and the Senator from Maryland HAM of South Carolina). Without objec- As a judge, I hold the rights of parents to (Mr. SARBANES) are necessarily absent. tion, it is so ordered. protect and guide the education, safety, The PRESIDING OFFICER. Are there Mr. REID. Mr. President, the Senator health, and development of their children as any other Senators in the Chamber de- from Texas wishes to speak as in morn- one of the most important rights in our soci- siring to vote? ing business. I ask unanimous consent ety. But I cannot rewrite the statute to The yeas and nays resulted—yeas 52, that he be allowed to speak. make parental rights absolute, or virtually nays 44, as follows: absolute, particularly when, as here, the The PRESIDING OFFICER. Without Legislature has elected not to do so. [Rollcall Vote No. 137 Ex.] objection, it is so ordered. The chairman of the Judiciary Com- YEAS—52 The Senator from Texas. mittee states that Justice Owen did Alexander Dole Murkowski f Allard Domenici Nelson (NE) not write the opinion that Justice Allen Ensign Nickles Gonzales criticized. I fail to see how Bennett Enzi Roberts HONORING OUR ARMED FORCES Senator HATCH can reach that conclu- Bond Fitzgerald Santorum Mr. CORNYN. Mr. President, I rise sion. Justice Gonzales clearly refers to Brownback Frist Sessions Bunning Graham (SC) this morning to offer a tribute to our ‘‘the dissenting opinions’’—plural—and Shelby Burns Grassley Smith men and women in uniform. Campbell Gregg Justice Owen wrote one of those dis- Snowe As we all know, President Bush will Chafee Hagel senting opinions. Specter Chambliss Hatch speak this evening to the Nation and Stevens I trust that this resolves any dispute Cochran Hutchison mark the end of a major conflict in regarding this matter. Coleman Kyl Sununu Iraq and acknowledge the heroism and Mr. LEAHY. Madam President, how Collins Lott Talent Thomas sacrifice of our brave men and women much time remains for the Senator Cornyn Lugar Craig McCain Voinovich in the Armed Forces. I know I speak from Vermont? Crapo McConnell Warner for the people of my State of Texas and The PRESIDING OFFICER. One DeWine Miller for all Americans when I give thanks minute and 40 seconds. NAYS—44 that this operation has reached such a Mr. LEAHY. I yield back our time. Akaka Dodd Lautenberg swift end, with so few coalition lives Mr. REID. I suggest the absence of a Baucus Dorgan Leahy lost. quorum. Bayh Durbin Levin Over the April recess, I took the op- The PRESIDING OFFICER. The Biden Edwards Lincoln portunity to visit most of the military clerk will call the roll. Bingaman Feingold Mikulski Boxer Feinstein bases in my home State, along with my The assistant legislative clerk pro- Murray Breaux Harkin Nelson (FL) distinguished colleague Senator ceeded to call the roll. Byrd Hollings Pryor HUTCHISON. One in 10 active duty mili- Cantwell Inouye Mr. REID. I ask unanimous consent Reed Carper Jeffords tary personnel call Texas their home. that the order for the quorum call be Reid Clinton Johnson As a member of the Armed Services Rockefeller rescinded. Conrad Kennedy Committee, I am dedicated to looking The PRESIDING OFFICER. Without Corzine Kerry Schumer after their interests and the interests objection, it is so ordered. Daschle Kohl Stabenow Dayton Landrieu Wyden of all of our military personnel. CLOTURE MOTION NOT VOTING—4 We must ensure that the United The PRESIDING OFFICER. Under States military continues to have the the previous order, the clerk will re- Graham (FL) Lieberman Inhofe Sarbanes training, the equipment, and the facili- port the motion to invoke cloture. ties they need to remain the greatest The PRESIDING OFFICER. On this The assistant legislative clerk read fighting force the world has ever vote, the yeas are 52, the nays are 44. as follows: known, both in war and in peace. The Three-fifths of the Senators duly cho- CLOTURE MOTION military bases we have in Texas are sen and sworn not having voted in the We the undersigned Senators, in ac- some of the strongest components of affirmative, the motion is rejected. cordance with the provisions of rule our military readiness in the current Mr. REID. I suggest the absence of a XXII of the Standing Rules of the Sen- war against terror, from Afghanistan ate, do hereby move to bring to a close quorum. The PRESIDING OFFICER. The to Iraq and across the world. We must debate on Executive Calendar No. 86, use these valuable assets to maintain the nomination of Priscilla R. Owen of clerk will call the roll. The assistant legislative clerk pro- our status as the world’s lone super- Texas to be United States Circuit ceeded to call the roll. power, as we transform our military to Judge for the Fifth Circuit: Mr. MCCONNELL. Mr. President, I face the challenges of the future. Bill Frist, Orrin Hatch, Kay Bailey ask unanimous consent that the order Seeing our soldiers face to face re- Hutchison, John Cornyn, Mitch McCon- for the quorum call be rescinded. minds us that they are not just num- nell, Jon Kyl, Wayne Allard, Sam The PRESIDING OFFICER (Mr. bers or statistics. They are real Ameri- Brownback, Jim Talent, Mike Crapo, CRAPO). Without objection, it is so or- cans, true patriots, with real families. Gordon Smith, Peter Fitzgerald, Jeff dered. When someone leaves their home to Sessions, Lindsey Graham, Lincoln fight for American interests abroad, it f Chafee, Saxby Chambliss. affects their entire community; it af- The PRESIDING OFFICER. By unan- MORNING BUSINESS fects their friends and, most pro- imous consent, the mandatory quorum Mr. MCCONNELL. Mr. President, I foundly, it affects their families. call is waived. ask unanimous consent that the Sen- We must remember not just the sac- The question is, Is it the sense of the ate proceed to a period of morning rifices of the brave men and women Senate that debate on the nomination business between 11 a.m. and 12 noon, who fight on the battlefield but the of Priscilla R. Owen, to be United with Senators permitted to speak sacrifices of the families they leave be- States Circuit Judge for the Fifth Cir- therein for up to 10 minutes each. hind. I remember, most poignantly, as cuit, shall be brought to a close? The The PRESIDING OFFICER. Without the deployment was occurring from yeas and nays are mandatory under the objection, it is so ordered. Camp Lejeune, on CNN a young mother rule. Mr. REID. I suggest the absence of a with her child was saying goodbye to The clerk will call the roll. quorum. her husband, the father of that child. I The assistant legislative clerk called The PRESIDING OFFICER. The will never forget the comments she the roll. clerk will call the roll. made. She said:

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5630 CONGRESSIONAL RECORD — SENATE May 1, 2003 I used to think that if he loved us, he Mr. President, I yield the floor and ing on this agreement. I particularly would never leave us. But now I know that suggest the absence of a quorum. thank Senator MCCONNELL for his per- he is leaving us because he loves us. The PRESIDING OFFICER. The severance and counsel over the course We must remember the sons who clerk will call the roll. of the past several days. Both sides have never seen the faces of their fa- The assistant legislative clerk pro- have worked in good faith to come to thers, and mothers who are separated ceeded to call the roll. this conclusion. from their children. We must remem- Mr. FRIST. Mr. President, I ask I now would ask for a further clari- ber the families whose loved ones will unanimous consent that the order for fication with respect to the nomination not be coming back, who paid the ulti- the quorum call be rescinded. of John Roberts. That nomination will mate price so that others can live free. The PRESIDING OFFICER. Without be reported a week from today. We Our own freedom was not won with- objection, it is so ordered. have been assured by the other side of out cost but bought and paid for by the f the aisle that there would be no fili- sacrifices of generations that have buster on the nomination of John Rob- UNANIMOUS CONSENT AGREE- gone before. We must honor these he- erts; also, that the Senate would vote MENT—JUDICIAL NOMINATIONS roic dead for their courage and their up or down on his confirmation. I know commitment to the dream that is free- Mr. FRIST. Mr. President, I ask Members will want to speak on that dom. unanimous consent that the vote on nomination and we will be prepared to On this same trip with Senator the pending Prado nomination occur at provide time on Thursday for that de- HUTCHISON, visiting our Texas military 2:15 today with the remaining time bate. bases, I had the chance to meet with until then equally divided between the I, therefore, expect that prior to com- several of the former prisoners of war chairman and the ranking member. I pleting our business next week we will who had just returned to their homes. further ask consent that following the vote on the nomination. I yield to my It was especially meaningful to me, be- vote, the President immediately be no- colleague with regard to this under- cause my dad was a POW in World War tified of the Senate’s action. I also ask standing. II. On a bombing mission over Mann- consent that on Monday, May 5, at a Mr. REID. The statement of the Sen- heim, Germany, he was shot down and time determined by the majority lead- ator is absolutely correct. There will captured and spent 4 months in a pris- er after consultation with the Demo- be no filibuster. I would only ask, as on camp before General Patton and his cratic leader, the Senate proceed to ex- the Senator has already indicated, that Army came along and liberated him ecutive session for the consideration of there be ample time—it may take as and others. Knowing the impact of my Calendar No. 34, the nomination of much as 6 hours of debate—prior to a dad’s experience, I have sensed a glim- Deborah Cook to be a U.S. district vote on that. The Senator said it would mer of the pain, the anxiety, and ulti- judge for the Sixth Circuit; provided be on Thursday. It may have to spill mately the joy of the families of these further there be 4 hours for debate over until Friday. We may not be able former POWs. equally divided between the chairman to do all 6 hours on Thursday. I know, in time, as both the former and ranking member or their des- I was just saying—I know the Sen- captives and their loved ones learn the ignees. Further, I ask that following ator was preoccupied—we may take as names of the rescuers, they will want the use or yielding of that time the much as 6 hours, 3 hours on our side; to express their gratitude in person and Senate proceed to a vote on the con- the other side may not need as much continue to be thankful to a nation firmation of the nomination, again time, and so we may not be able to that recognizes the value of each and with no intervening action. complete all that on Thursday. That is every human life. The PRESIDING OFFICER. Is there strictly up to the leader, but we have It strikes me that the Iraqi people’s objection? already indicated we would need up to experience was much the same. No The Senator from Nevada. that much time. doubt the captivity of their nation was Mr. REID. I ask that the consent be Mr. FRIST. Mr. President, I want to longer, more brutal, and more terrible modified so we have a vote on Prado at make sure there is adequate time for than what our soldiers experienced. 2:15 today. debate. I would like to try to have the The pain of the Iraqi people was im- Mr. FRIST. I believe that was the vote by the end of next week, if at all measurable. But now, at long last, way it was requested. possible. their country has returned to them. Mr. REID. I am sorry. I missed that. Mr. REID. Mr. President, Senator In 1944, Winston Churchill spoke in I was visiting with someone else. MCCONNELL and I worked as much as the Royal Albert Hall to the British The PRESIDING OFFICER. Is there we could to get this to a point where troops and reminded them that they objection to the unanimous consent re- we are today. I do not like to acknowl- served a cause greater than them- quest? edge this often, but we were unable to selves. He said: Without objection, it is so ordered. do that. It was only because of the We are joined together in this union of ac- Mr. REID. Mr. President, it is my un- intervention of the two leaders that we tion which has been forced upon us by our derstanding that the distinguished ma- common hatred of tyranny. Shedding our were able to arrive at this point. We blood side by side, struggling for the same jority leader wishes to have a vote on need not go into all the details of what ideals, until the triumph of the great causes Cook at 4:45 on Monday. Is that true? went into this agreement, but I want to which we serve shall be made manifest. . . . Mr. FRIST. That is correct. The first publicly acknowledge the good work of Then, indeed, there will be a day of thanks- vote on Monday will be 4:45, and that the Democratic leader and the major- giving, one in which all the world will share. would be on the Cook nomination. ity leader in allowing us to get to this There is a lot of work to be done in Mr. REID. I ask consent that that be point. This has been done very quickly Iraq. But the difference our forces have part of what we are doing today. I ask on the Senate floor, but to arrive at made in such a short time is undeni- consent that the vote occur at 4:45 and this point has taken literally hours of able. Just a few short months ago, the there be a period prior to that of 4 time. idea that the Iraqi people could live hours for debate on the Cook nomina- This is a significant breakthrough. I free was a concept that some found tion. think, with all the difficulty we have hard to treat seriously. Now the dream The PRESIDING OFFICER. Is there been having with judicial nominations, of a free Iraq is in sight. The day of objection? that this is a significant advancement. thanksgiving is not here yet, but it is Without objection, it is so ordered. It is typical of what has to be done coming. And thanks to the sacrifices of Mr. REID. And that 1 hour of that when dealing with legislation. A lot of American families and America’s war- time be reserved for Senator KENNEDY. people have to give up what they felt riors, it is coming soon. The PRESIDING OFFICER. Without was something they could not give up. We as a grateful nation continue to objection, it is so ordered. I also would say that Senator HATCH wish our men and women in uniform Mr. FRIST. Mr. President, I thank and Senator LEAHY have been involved. godspeed, and we hope and pray for all of the Senators who have been in- I think they have helped the advance- their swift return to the loving arms of volved in leadership on the Democratic ment of the Senate by their agreeing to their families. side and the Republican side in work- things to which a little while ago they

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5631 would not have agreed. I wish to pub- confidence this bill is the right move for personnel services in Iraqi recon- licly commend the two leaders, and the for America, the right move for the struction was awarded February 25, chairman of the committee and the Senate, particularly the right move for nearly a month before the war began, ranking member of the Judiciary Com- our taxpayers, and we are very grateful with a single company invited to bid mittee, Senators HATCH and LEAHY, for for Senator COLLINS’ support and par- for the job. According to the press re- some excellent work. This is not any- ticipation in this effort. ports, that invitation came a full 55 thing that will ever be written in the Our legislation has a simple aim. It days before the start of the hostilities. history books but in my mind I have says if a Federal agency awards an As each of the contracts was award- some knowledge of what is good for the Iraqi reconstruction contract without ed, Federal agencies justified the no- Senate and I am convinced that what the benefit of open and competitive bid or closed-bid process only by saying we have done today is some of the best bidding, that agency must publicly jus- that they simply had to move quickly. work we have done all year. tify their decision to do so. I will tell That is basically one of the only argu- Mr. FRIST. Mr. President, I thank the Senate and my colleagues the ments the agencies have left. Origi- my colleague for his comments and events and news reports of the 21 days nally, USAID said the only companies agree wholeheartedly in terms of the since our bill’s introduction have only with security clearances could be in- efforts that have been made in good strengthened our bipartisan conviction vited to apply. But that argument fell faith on both sides of the aisle. It has that Iraqi reconstruction contracts apart just a couple of days ago. been difficult in terms of negotiations must be awarded in the sunshine and USAID’s own inspector general re- but everybody has been involved at the not behind a smokescreen. vealed that USAID waived the security leadership level, as well as working There are two primary reasons we be- clearance requirement when one bid with the respective leaders of the com- lieve it is so important American tax- was awarded. It turned out that the winner of a $4 million ports contract, mittee. We have come to a satisfactory payers deserve additional details about in fact, did not have the security clear- conclusion. By the end of next week we this closed and secretive process. First, ance that was supposedly essential will have accomplished the goals we all there is a huge amount of money on when the limited bid process started. have, and that is to keep the process the line, a projected $100 billion in tax- In effect, USAID eliminated the very working—it is not always pretty—in a payer funds. Second, the General Ac- criteria it used to limit bidders on the way that will deliver what the Amer- counting Office has already reported project. USAID suddenly said the out- ican people deserve. sole-source or limited-source contracts break of war in Iraq simply made the We will have more to say later today, almost always are not the best buy for security clearance process unneces- but we will expect to have two votes on the taxpayer. In my view, the need for explanation sary. Monday, the first at 4:45 and then a The only reason the United States vote later, which we will set up the increases a hundredfold if Federal agencies are going to employ a process would be awarding contracting to re- time agreement probably an hour or so build Iraq would be if the United States that may expose taxpayers to addi- after that vote, with consideration to went to war. So if the requirement for tional cost. When we introduced this Miguel Estrada. Again, we will make security clearance was needed before legislation, we were concerned that the specific announcements but we will the war broke out, it is hard to see U.S. Agency on International Develop- have two votes on Monday. I point out what would have changed once the war ment had already awarded four of eight the first one is at 4:45, which we have started. As a Member of the Senate In- major Iraqi contracts through a closed tried to announce a few days ago to telligence Committee, I thought the bid or no-bid process. Even at that make sure people are back for that par- argument was a bit shaky at the out- time, sole-source and limited-source ticular vote. set. I was not certain why you would contracts already seemed to be the rule The PRESIDING OFFICER. The Sen- need all of the security clearances to ator from Oregon. and not the exception for rebuilding fix the sewer system. Weeks ago, it was Mr. WYDEN. Mr. President, I ask Iraq. USAID announced it would limit clear that most of the Iraqi work would unanimous consent the distinguished competition to companies they felt had be subcontracted out to companies who Senator from New York, Mrs. CLINTON, the technical ability and accounting did not meet the security requirements and I control the next half hour as if in ability to handle these matters. in the first place. But the report from But since our legislation was intro- morning business. the inspector general this week has sig- duced, not only have a number of Fed- The PRESIDING OFFICER. Without nificantly increased my concern. It eral agencies continued to award no- objection, it is so ordered. turned the agency’s argument about f bid or closed-bid contracts, but once security clearances from suspect to es- the bids have been solicited, they even sentially ludicrous. SUNSHINE IN IRAQI RECONSTRUC- started to ignore or circumvent their TION CONTRACTING ACT This incident makes the case better own publicly stated criteria for lim- than any other that agencies should Mr. WYDEN. Mr. President, we rise iting the pool of applicants. More than have to clearly and publicly state how today to discuss the call of a bipartisan ever, our bipartisan coalition believes they are choosing companies for these coalition for some badly needed sun- if the Federal Government chooses not invitation-only bids. Perhaps if they shine in the process of awarding Iraqi to use free market competition to get know they have to face the public on reconstruction contracts. I particu- the most reasonable price from the these issues they will have better ex- larly commend several of my col- most qualified contractor, then at a planations or a more open process. leagues for joining me in the bipartisan minimum they should tell the Amer- We want to be clear, in the presence legislation, the Sunshine in Iraqi Re- ican people why that is necessary. Sun- of actual security concerns, our legisla- construction Contracting Act intro- shine is the best disinfectant and the tion assures the protection of classified duced April 10. news reports of recent days simply beg information. But at the same time, it First, Senator CLINTON and I are es- for a clearing of the air. does give the Congress oversight over pecially grateful to the chair of the On April 11, the day after we intro- the billions in taxpayer money that Governmental Affairs Committee, Sen- duced our bill, one firm secured a $2 Americans are being asked to commit ator COLLINS of Maine. Not only is she million Iraq school contract through in Iraq and that is desperately needed. an excellent chair of the committee an invitation-only process. On April 18, Historically, open and competitive bid- that will take up this legislation, she is USAID awarded the biggest contract ding by Federal agencies has been the also an expert on procurement law, a yet through an invitation-only bid tool to get the best value for the tax- real authority on the very issue we process. A $680 million contract to re- payers of our Nation. have addressed in our legislation. We build Iraq’s infrastructure was awarded Again, independent reports from the are very proud to have her as our lead to Bechtel. On April 19, a $50 million General Accounting Office show that in bipartisan coalition builder on this leg- policing contract was awarded through the past, the soul-source or limited- islation because her leadership quali- a closed bidding process. On the same source contracts have not been before ties on the committee and special pro- day, the Washington Post reported the buy. According to the General Ac- ficiency on this topic give me great that a renewable $7.9 billion contract counting Office, military leaders have

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5632 CONGRESSIONAL RECORD — SENATE May 1, 2003 often simply accepted the level of serv- Congress’s call. The buck in fact does completed work, in terms of the anal- ices given by a contractor without ever stop with the Congress. ysis and justification, simply would be asking if it could be done more effi- What we are talking about here is made public so as to reinforce the prop- ciently or at a lower cost. In the case making sure Congress keeps in place osition that there be the maximum of Iraq, again, with estimates being vigorous oversight about the process. amount of transparency, the maximum low-balled at $25 billion and some ex- The process is what has, in our view, amount of accountability, and so the ceeding $100 billion, taxpayers in our put taxpayers’ dollars in some peril. public can see why, if necessary, a spe- country have a great interest in mak- People have focused on one company or cial process that doesn’t involve open ing sure this money is spent effi- another. There are inquiries underway. bids would be necessary. ciently. What we are going to do is protect the Mrs. CLINTON. You know, our bill I also note in wrapping up that many process that ensures, as the Senator also requires as part of that trans- of these contracts are so-called cost- from New York suggests, that the tax- parency, letting the sunshine come in, plus contracts. They pay a company’s payers are protected and Congress in that the agencies would make public expenses, plus a guaranteed profit of 1 fact has the last word in making sure the amount of the contract, the scope to 8 percent. There are no limits on this money is spent responsibly. of the contract, would provide informa- total costs, so the more a firm charges Mrs. CLINTON. Mr. President, that is tion about how contractors were iden- in expenses, the more profit it is going an eloquent summation as to why I tified, as well as the justification and to make. If the Federal Government is have joined with my colleagues in in- determination of the documents that going to spend the money of the people troducing the Sunshine In Iraqi Recon- led to the decision not to use full and of Oregon in this fashion without ask- struction Contracting Bill. open competition. ing for competitive bids, I think the Tonight President Bush will address I find that very reassuring. I do not people of Oregon and the people of this our Nation and will tell the world that understand why this would not be leg- country deserve to know why. There Operation Iraqi Freedom’s military ac- islation we could literally pass by simply should not be a place for waste tion is over, at least insofar as major unanimous consent this afternoon. I when you are talking about at least military engagements may be required. don’t think it is in our Government’s $100 billion of taxpayers’ cash. We know we will have continuing prob- interest nor is it in America’s interest I understand the argument that these lems, like those we have seen in the that there be any doubt at all, any contracts need to be awarded quickly. I last few days. But it is true we are now shadow cast over this process so people understand in many cases the compa- moving toward the second phase, which in our own country or elsewhere can nies receiving them have a long history is the rebuilding of Iraq. So this col- say there is something funny going on, of international work. I simply believe loquy we are having today is especially this is not being done straight. Would the Senator agree, in addition if the need for speed can adequately timely because of the President’s an- to fulfilling what we know to be the ap- justify these closed-bid processes that nouncement this evening. may expose the taxpayers to additional With respect to our going forward, I propriate procurement procedures, the expenditures, then those agencies need think the important points the Senator fact that no-bid or closed-bid contracts to make public why they would take from Oregon has made need to be un- time and time again lead to overruns, to excessive costs, that we are also, these extraordinary measures that derscored because, for many of us, we through this legislation, trying to send could very well waste significant want to see the plans that have been a warning, in a sense holding out a amounts of taxpayer money. explained in the last several weeks I want to yield my time to Senator helping hand to the Government, to about the rebuilding effort move for- CLINTON. I thank her. She is on the say let’s do this in the open so nobody ward as expeditiously and cost-effec- Senate Armed Services Committee. can ever go back and question motive tively as possible. or process with respect to what we are She and I and Senator COLLINS have We know, as we just heard from the attempting to do with the reconstruc- been a bipartisan coalition. distinguished Senator, that a number I would also like to note a number of tion of Iraq? of contracts have already been let. other Senators—Senator BYRD in par- Mr. WYDEN. The point of the Sen- They have been no-bid or closed-bid ticular, who serves on the Appropria- ator about the credibility of the Gov- tions Committee and the Armed Serv- contracts. As one follows the informa- ernment I think is fundamental. I ices Committee—have been very help- tion about these contracts in the press, think we all know if people see some- it has become clearer and clearer this ful as well. But I yield to Senator CLIN- thing taking place behind closed doors, has been in the planning for quite some TON and particularly express my sup- in secret, without the open and full time and it has been largely the prov- port to her. With Senator COLLINS, we process of competitive bidding, it just have tried to make the focus that there ince of a rather small group of insiders. engenders suspicion, it just engenders a is a bipartisan need for protecting tax- I think it is imperative, not only for sense of skepticism and cynicism about payers, to make sure this money is the integrity of our procurement proc- government that just does not have to spent wisely at a time when there is so ess, for the integrity of the congres- be. much economic hurt across the Nation. sional appropriation and oversight It is particularly troubling here be- I yield to the distinguished Senator process, but for the integrity of the en- cause the General Accounting Office, from New York. tire operation that has been under- the nonpartisan organization of audi- Mrs. CLINTON. Mr. President, will taken in Iraq, to be transparent and tors, has already documented there is a my distinguished colleague yield for a open before the world. problem. So we have a combination of question? If I may ask the Senator from Oregon taxpayer skepticism about work done Mr. WYDEN. I will. another question, is it correct the leg- in secret coupled with the long history Mrs. CLINTON. Mr. President, it is a islation we have introduced would re- of the General Accounting Office’s great privilege to be working in this bi- quire when contracts are awarded with- skepticism about these reports, and partisan coalition with the chairman of out a full and open competition, behind here is an area that just cries out for the Governmental Affairs Committee, closed doors, that the awarding agen- sunshine. Senator COLLINS, and with a long-time cy—whether it is the Department of I talked about sunshine being the champion of taxpayers and consumers Defense or USAID—would have to pub- best disinfectant, but certainly since like Senator WYDEN. licly explain why they could not have we introduced this bill with Senator Is it the understanding of the Sen- had an open process? COLLINS over the last 21 days, the fact ator from Oregon that the buck really Mr. WYDEN. The Senator is correct. we have seen all these contracts—in stops with Congress? It is the Again, that is what the legislation is fact, one of them where the agency just Congress’s responsibility to ensure the about. There is a certain irony in that waives their own process, without an funds we appropriate for reconstruc- that information is in fact already explanation—I think highlights the tion in Iraq are spent in a fair and open available. The bipartisan legislation we Senator’s point that the Government’s manner? have put together with the Chair of the credibility is at stake. Mr. WYDEN. The Senator from New Governmental Affairs Committee, Sen- Mrs. CLINTON. Mr. President, I hope York has summed it up. This is ator COLLINS, says what is already we will have an even larger bipartisan

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5633 coalition supporting this legislation, think there is a role for the United Mr. REID. Mr. President, I am working with us, perhaps even con- States to play. I think it is clear that pleased we are going to move to the vincing the Government agencies re- is a part of an important contribution nomination of Judge Edward Prado. sponsible for letting these contracts to that our country can make with the While my friend, the distinguished sen- think very hard about the process they conflict winding down. But it just reaf- ior Senator from Ohio, is on the floor, are now following. firms in my mind how critical it is to I want to extend early congratulations Again, I thank my colleague from Or- use this money wisely. With the Amer- because it appears that on Monday we egon and my colleague from Maine for ican people hurting now with what one are going to approve a judge on which providing such leadership. It is a pleas- might say is the highest unemploy- he has worked so hard. Because of his ure to work with them. But it is also a ment rate of our country, you can’t ex- advocacy and a number of others, we duty. I think all of us feel a heavy re- plain to the taxpayers of this Nation have been able to move through this sponsibility to make sure the billions frittering away dollars on contracts circuit court process a little more and billions of dollars—maybe as much that are let without competitive bids. quickly. The Senator from Ohio told as $100 billion that will be spent on re- We look forward to colleagues of both me how much he thought of Judge constructing Iraq—is spent in the most political parties joining us in this ef- Cook, and being the fine lawyer the effective way. Because, while we are fort. It seems to me a bill such as this Senator is, I am certain we are going looking at the extraordinary costs of should be passed unanimously with all to get a good addition to the court. His this kind of task awaiting us in Iraq, 100 Senators onboard. We look forward recommendation goes a long way with we are also in this body hearing from to seeing the resolution of this legisla- me. I congratulate the Senator from our constituents, as many of us did tion to protect the taxpayers. Ohio for his advocacy on the part of over the previous 2 weeks, about what Again, I want to close by expressing someone he knows and speaks so well is happening to their schools, what is my thanks to the chairman of the com- of. happening to their hospitals. mittee where this legislation was sent. Mr. President, I am pleased we now are on the nomination of Judge Edward So we have to be especially conscious Senator COLLINS has been a critical that this money can be justified; that partner in this effort to direct procure- Prado, a well-qualified nominee for the Fifth Circuit Court of Appeals. Judge we can look our constituents in the ment law. Senator BYRD, who holds, of Prado is being considered for the same eyes when they say, I don’t understand, course, a longstanding interest in this court as Justice Priscilla Owen, a Senator. I thought we were going to matter and serves on both the Appro- nominee we on this side find to be a di- get more help for our poor schools. priations and the Armed Services Com- visive choice for the circuit court. The Senator, I don’t understand. Our hos- mittees, has been invaluable to me in swift consideration of Judge Prado’s pital has just closed down because we particular in providing counsel with re- nomination illustrates again how the can’t get enough reimbursements from spect to how to move this legislation nomination process can work when the the Federal Government. forward. Together we look forward to President sends up fairminded and This is not only about all of the good passing this bill and protecting the government principles. It is not even mainstream choices for lifetime seats taxpayers’ interests as perhaps $100 bil- on our Federal bench. It happens only about the integrity and credi- lion of taxpayer money is spent in the bility of our government. It is about quickly. rebuilding of Iraq. This came about as a result of our the choices that are being made. These I yield the floor. being involved in another judicial nom- choices are not only important with re- f ination that was not going anywhere, spect to contracting, but they are im- and on this side we moved to the nomi- portant with respect to our values. EXECUTIVE SESSION nation of Judge Prado. I think that and I hope our colleagues will join us in other reasons moved us along the path moving this piece of important legisla- NOMINATION OF EDWARD C. very quickly. tion through so that we can begin to PRADO, OF TEXAS, TO BE While some have decried the con- practice what many of us preach about UNITED STATES CIRCUIT JUDGE firmation process is broken, certainly transparency and openness and also FOR THE FIFTH CIRCUIT the numbers belie that charge. With making sure we get the very best deal. the two district court judges confirmed The PRESIDING OFFICER (Mr. BUN- Our dollars are limited. If there is any before we recessed and Mr. Sutton on NING). Under the previous order, the excess on justified dollars going to Iraq Tuesday, the number of confirmations Senate will now proceed to the consid- that could go to my kids and schools in has already risen to 120. This afternoon eration of Executive Calendar No. 105, New York City, or to Ron’s hospital in it will be 121. These numbers dwarf the which the clerk will report. Oregon, that is our responsibility. confirmations achieved by my Repub- The assistant legislative clerk read Let me again thank my colleagues. I lican colleagues under President Clin- the nomination of Edward C. Prado, of look forward to being successful with ton. this bipartisan coalition and getting Texas, to be United States Circuit Last year alone, in an election year, this legislation passed at the earliest Judge for the Fifth Circuit. the Democratic-led Senate confirmed possible time. The PRESIDING OFFICER. The Sen- 72 judicial nominees, more than in any Mr. WYDEN. Mr. President, to wrap ator from Ohio is recognized. of the prior 6 years of Republican con- up, I would like to reaffirm a point Mr. DEWINE. Mr. President, I ask trol. Overall, in the 17 months of Sen- that the distinguished Senator from unanimous consent to proceed for the ate Democratic control, we were able New York mentioned with respect to next 15 minutes as in morning busi- to confirm 100 judges and vastly reduce the feeling of our citizens at a time ness. judicial vacancies. We were able to do when there are so many schools that The PRESIDING OFFICER. Without so despite the refusal of the adminis- are underfunded and seniors can’t af- objection, it is so ordered. tration to consult with Democrats on ford their medicine and other services. (The remarks of Mr. DEWINE are circuit court vacancies and many dis- When I was home over the break—per- printed in today’s RECORD under trict court vacancies. haps the Senator from New York heard ‘‘Morning Business.’’) As I have indicated, if we confirm this as well—many constituents came The PRESIDING OFFICER. Who Judge Prado, which I am confident we up to me and said: We are really glad yields time? will do, he will be the 121st judge. He that you are pushing this bill at more The Senator from Ohio is recognized. will also be the 11th Latino judge serv- competitive bidding and reconstruction Mr. DEWINE. Mr. President, on be- ing in our circuit courts. Judge Prado contracts. But, to tell you the truth, half of the majority leader FRIST, I ask is supported by the Congressional His- why don’t you just have Iraqi oil pay unanimous consent that the vote on panic Caucus, the Mexican American for all of the reconstruction? We don’t Executive Calendar No. 105, the nomi- Legal Defense Fund, and many others. need the taxpayer money. nation of Edward C. Prado, occur at I ask unanimous consent that a let- There already is a sense about the 2:05 p.m. today. ter from the Congressional Hispanic Nation that we have to be careful The PRESIDING OFFICER. Without Caucus expressing their unanimous about how these funds are being used. I objection, it is so ordered. support be printed in the RECORD.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5634 CONGRESSIONAL RECORD — SENATE May 1, 2003 There being no objection, the mate- serving of confirmation. We respectfully days. Then there were the Hispanic rial was ordered to be printed in the urge you to schedule a vote to conform Ed- nominees who were denied hearings or RECORD, as follows: ward Charles Prado to the United States votes by Republicans during the Clin- Court of Appeals for the Fifth Circuit with- APRIL 29, 2003. ton administration: Jorge Rangel, out any further delay. Hon. BILL FRIST, Enrique Moreno, Christine Arguello, U.S. Senate Majority Leader, Sincerely, CIRO D. RODRIGUEZ, Richard Morado, Anabelle Rodriquez. U.S. Senate, Washington, DC. These facts and the expected con- DEAR MAJORITY LEADER FRIST: On behalf of Chair, Congressional the Congressional Hispanic Caucus (CHC), we Hispanic Caucus firmation of Judge Prado belie the write today regarding Edward Charles CHARLES A. GONZALEZ, anti-Hispanic charges some have made Prado’s nomination to the United States Chair, CHC Hispanic in the context of the Estrada debate. Court of Appeals for the Fifth Circuit. Ear- Judiciary Initiative. The extended debate Democrats have lier this year, the CHC voted unanimously to Mr. REED. Judge Prado has served 19 sought to have on just a handful of ju- endorse the nomination of Judge Prado. Sub- years in the United States district dicial nominees affects our constitu- sequently, Judge Prado received the unani- court. As some of my colleagues have tional advice and consent duty. mous bipartisan support of the Senate Judi- noted, it is sometimes more chal- While the number of judges who have ciary Committee, and it is our understanding lenging to review nominees who come that Senate Democratic leadership has since been confirmed demonstrates our good asked that this non-controversial nomina- to us from private practice and univer- faith in working with our colleagues tion be immediately called up for a vote. sities. We have to extrapolate from and the President, we will not simply Unfortunately, it is now being reported their record in those different roles as rubberstamp ideologically driven indi- that Senate Republican leadership is holding to how they would perform as a judge. viduals for lifetime seats on our Fed- up confirmation of Judge Prado as part of a With Judge Prado, we certainly do not eral courts. political ploy to characterize Democratic op- have that problem. We know how he I am pleased that today we are mov- position to certain individual judicial nomi- has performed as a judge. ing forward on this qualified judge, Ed- nees as a Democratic assault on women and With the nomination of Priscilla minorities. If this in fact is the case, then it ward Prado. I believe the way Judge is reprehensible that the Senate Republican Owen, the same applies. We have the Prado’s nomination has been received leadership would engage in such offensive Priscilla Owen and Judge Prado judi- in the Senate points the way through and malicious tactics for mere political gain. cial records we can directly evaluate. some of the conflict that has occurred It is ironic that although Judge Prado has In the case of Justice Owen, it is a in the Senate over a very small number received bipartisan and unanimous support record many on our side find troubling. of judicial nominees. so far, Republican leadership has not yet al- If all the Members had been present If my math is correct, by today’s end lowed the full Senate a final vote on his today, it would have been 47 people there will be 121 versus 2. That is a nomination. Intentionally delaying a vote on voting against cloture. good record in anyone’s book. this nomination casts doubt on the sincerity In the case of Judge Prado, it is a of Republican rhetoric about supporting and I suggest the absence of a quorum. confirming qualified Hispanic judges. record we find evinces an The PRESIDING OFFICER. The Furthermore, it would be a travesty for evenhandedness and fairness befitting a clerk will call the roll. Judge Prado, a qualified and respected His- circuit court judge. Not that I would The assistant legislative clerk pro- panic judicial nominee, to fall victim to a decide every case the way Judge Prado ceeded to call the roll. disingenuous politically motivated campaign has—I would not—but overall he has Mr. HATCH. Mr. President, I ask to label Democrats as anti-minority by high- won the support of all Democratic Sen- unanimous consent that the order for lighting Democratic opposition to a select ators, as far as I know, on the Judici- the quorum call be rescinded. few while ignoring Democratic support for ary Committee, and other Democratic The PRESIDING OFFICER. Without the vast majority of President Bush’s His- panic judicial nominees. Senators, because they found his objection, it is so ordered. President Bush’s nominations of Jose Mar- record one of balance and fairness. Un- Mr. HATCH. Mr. President, as I un- tinez to a District Court in Florida, Jose like Justice Owen and Mr. Estrada, no derstand it we are on the Prado nomi- Linares to a District Court in New Jersey, colleague or supervisor has questioned nation. Christina Armijo to a District Court in New his ability to apply the law faithfully. The PRESIDING OFFICER. The Sen- Mexico, James Otero to a District Court in Unlike Justice Owen and Mr. Estrada, ator is correct. California, as well as Alia Ludlum, Philip no single person or organization has Mr. HATCH. Mr. President, I am Martinez, and Randy Crane to District submitted a letter of concern or opposi- pleased that we are considering the Courts in Texas all received Democratic sup- nomination of Edward C. Prado, who port and all were confirmed by the U.S. Sen- tion to Judge Prado’s nomination. ate. In addition to Judge Prado, another Judge Prado has generated no con- has been nominated by President Bush pending Hispanic judicial nominee, Cecilia troversy. He is experienced. While I am to serve on the United States Court of Altonaga of Florida, is also expected to be sure he is conservative, it does not Appeals for the Fifth Circuit. He has an confirmed by the Senate with Democratic matter; He is an evenhanded judge. outstanding record of distinguished support. There is something to be said for con- public service and will be a great addi- Clearly, Senate Democrats have displayed servative judges. If conservatism tion to the Fifth Circuit, especially a willingness to support President Bush’s means the law is followed, stare deci- since the seat to which he has been Hispanic nominees, and any assertions to the nominated has been designated a judi- contrary are unnecessary and counter- sis, the precedent set, I think that is productive to efforts to increase diversity on good. cial emergency by the Judicial Con- our Nation’s federal courts. Judge Prado will be confirmed today ference of the United States. As you know, the judicial nomination because he is a fine person and an ex- Judge Prado currently serves as a process is important to the CHC because we cellent judge. As I have noted in the United States District Judge for the believe that our Nation’s courts should re- past, eight of the sitting Latino judges Western District of Texas, having been flect the diversity of thought and action that were appointed by President Clinton. unanimously confirmed by the Senate enrich America. To that extent, we estab- Several of these judges were denied in 1984. His 18 years on the bench, plus lished the Hispanic Judiciary Initiative to Senate consideration for years while prior service as a Texas state court dis- further formalize our involvement in this issue by establishing a set of evaluation cri- the Republicans controlled the Senate. trict judge has given him the experi- teria and an internal process for endorsing Judge Richard Paez, nominee for the ence and background to make an out- nominees. Since its inception the CHC His- Ninth Circuit, waited over 1,500 days. standing Fifth Circuit Judge. panic Judiciary Initiative has worked to im- He was well qualified, had the support In addition to his judicial experience, prove diversity within the federal judiciary. of his hometown Senators, and 39 Re- Judge Prado has had a distinguished For this effort to be hindered due to political publicans voted against his nomina- legal career. After graduating from the maneuvering, absent concern for the best in- tion. There is nothing wrong with that. University of Texas School of Law in terest of the Hispanic community, is both ir- They had different views as to how he 1972, he began his legal career as an As- responsible and neglectful. Once again, we believe that Judge Prado’s would serve as a judge. sistant District Attorney in the Bexar qualifications and distinguished career in Judge Sonia Sotomayor, a nominee County, TX, District Attorney’s Office. law, as well as his dedication to the Hispanic to the Second Circuit, was similarly In 1976 he accepted a position with the community make him a judicial nominee de- stalled. Her confirmation took 433 Federal Public Defender’s Office for the

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5635 Western District of Texas where he ments made by Texas attorneys, as re- A bright lawyer with solid legal qualifica- served as an Assistant Federal Public ported in the Texas Lawyer, February tions, Rodriguez was apolitical before being Defender representing indigent crimi- 10, 2003. Laurence R. Macon said of appointed to the Texas Supreme Court, and nal defendants in the federal courts. Judge Prado, ‘‘I’ve known him for 30 that is one of many factors that make him a strong candidate for a federal bench. During 1980, he served as a Texas years, and he doesn’t have any out- We urge Bush to accept the recommenda- state district judge, filling the unex- rageous positions. He won’t be there tion of the Texas senators and nominate pired term of the incumbent. In this trying to make law.’’ Seagal Wheatley Rodriguez when Prado’s post is officially va- position, he presided over several hun- stated, ‘‘If the Judiciary Committee cated. dred cases, including felony criminal looks at his qualifications, he should Mr. KOHL. Mr. President, I rise trials. In 1981, he was unanimously con- be a shoo-in. I’m not aware of any re- today in support of the nomination of firmed by the Senate and appointed as cent opinion that will cause him prob- Judge Edward Prado to be a Circuit United States Attorney for the West- lems.’’ A third attorney, Van Hilley, Court Judge for the Fifth Circuit Court ern District of Texas, where he man- said, ‘‘Judge Prado has a varied back- of Appeals. Judge Prado has earned my aged one of the largest United States ground and an open mind about things. support and that of my colleagues for Attorney’s Offices in the Nation. In The reason his docket ran so smooth is his distinguished record in public serv- 1984, President Reagan nominated and he wasn’t viewed as pro-government or ice and for the integrity with which he the Senate confirmed Judge Prado as a pro-defense.’’ has gone through the Senate confirma- United States District Judge for the The legal bar’s wide regard for Judge tion process. Western District of Texas. In this ca- Prado is reflected in his evaluation by Judge Prado has been a public serv- pacity he has handled thousands of the American Bar Association. The ant for his entire professional life. cases and hundreds of trials. ABA evaluates judicial nominees based From the assistant district attorney Judge Prado is a man of exceptional on their professional qualifications, position he took just after receiving character, impeccable ethics, and is their integrity, their professional com- his law degree, to his experience as a well qualified to serve as a Circuit petence, and their judicial tempera- U.S. attorney for the Western District Judge. He has received many honors ment. The ABA has bestowed upon of Texas, to the 19 years he has served and awards for his work in the law, in- Judge Prado its highest rating of as a district court judge for the West- cluding the St. Thomas Moore Award Unanimously Well Qualified. ern District of Texas, Judge Prado’s from St. Mary’s University School of Furthermore, Judge Prado has been commitment to public service is evi- Law in 2000, the LULAC State Award endorsed by his hometown newspaper, dent. for Excellence in 1981, the Achievement The San Antonio Express-News, which During his tenure as a Federal dis- Award from the U.S. Attorney General declared, ‘‘The Senate should confirm trict court judge, Judge Prado has in 1980, and recognition as an Out- Prado’s nomination without undue heard and decided hundreds of cases. standing Federal Public Defender in controversy or delay. . . . His creden- This experience helps make him a well- 1978. tials are unquestioned.’’ Mr. President, prepared and well-qualified nominee to Judge Prado is a native of San Anto- I ask unanimous consent that the com- the Fifth Circuit. He has developed an nio, Texas and has served his commu- plete San Antonio Express-News edi- extensive record of achievement for the nity, state and nation in a variety of torial be printed in the RECORD, fol- Senate to consider and review in our ways. Not only has he served in his pro- lowing my remarks. endeavor to evaluate his nomination. fessional capacity, but also he believes The PRESIDING OFFICER. Without Further, Judge Prado should be com- in community service and has been in- objection it is so ordered. (See exhibit mended both for his willingness to be volved in community service organiza- No. 1) honest and forthcoming in the ques- tions such as St. Mark’s Catholic Mr. HATCH. Mr. President, the tionnaire he submitted to the com- Church, Witte Museum Community Ad- record is clear that Judge Prado is a mittee, and for his comportment at his visory Committee, the Philosophical man of ability and character. This Sen- committee confirmation hearing. Society of Texas, the Rotary Club of ate, on two previous occasions, has Judge Prado directly and fully ad- San Antonio, and Leadership San An- found Judge Prado worthy of confirma- dressed some of his more controversial tonio. Additionally, Judge Prado tion for positions of high responsibility rulings in his questionnaire, and pro- served in the U.S. Army Reserve as an in the government, and I am confident vided honest, complete answers to all Infantry Officer from 1972–1987. it will do so again today. I strongly questions asked of him at his hearing. In addition to his public and commu- support his confirmation and urge my I do not agree with all of Judge Prado’s nity service, Judge Prado has been ac- colleagues to do likewise. decisions; in fact, we may hold dif- tively involved in efforts to improve EXHIBIT NO. 1 ferent views on significant issues. Yet I the legal and judicial process. He has U.S. District Judge Edward C. Prado has am convinced that he will apply the been a leader in numerous bar associa- compiled an admirable record in his almost law in a capable and responsible man- tions and law-related organizations. two decades on the federal trial bench. ner. For example, he has been a member of Last week, President Bush nominated the Finally, it should be noted that I sup- the Texas and San Antonio Bar Asso- San Antonio judge for a well-deserved pro- port the elevation of Judge Prado to ciations since 1972, including service as motion to the 5th U.S. Circuit Court of Ap- the Court of Appeals for the same rea- peals. President, and later Director and The Senate should confirm Prado’s nomi- sons that make me unable to support Chairman of the Board of Trustees, of nation without undue controversy or delay. the nomination of Miguel Estrada to the San Antonio Bar Foundation. Prado, a graduate of Edgewood High the D.C. Circuit. Where Judge Prado Judge Prado serves on the Texas State School, was appointed to his federal district has 19 years of experience on the Fed- Bar Crime Victims Committee, and was court post by President Reagan in 1984 and eral bench, Mr. Estrada has no experi- appointed by Chief Justice Rehnquist has performed consistently as a non-ideolog- ence of any kind as a judge. And, more to serve as the Chairman of the Crimi- ical moderate. importantly, Judge Prado has volun- nal Justice Act Review Committee His credentials are unquestioned. Prado first became a judge in 1980 when Gov. Bill tarily and directly addressed any con- from 1991–1993. Clements named him to a state district court troversial issues in his record, while As a District Judge, he has made ef- bench. Mr. Estrada has made a habit of con- forts to reach out to youth groups to In addition, U.S. Sens. KAY BAILEY cealing such information and refusing help them learn about the law and the HUTCHISON and JOHN CORNYN of Texas swiftly to submit documents which would be of judicial process. He gives motivational recommended a solid replacement for Prado substantial assistance to the com- speeches and conducts events in his if he is elevated. mittee. courtroom as an introduction to the The lawmakers forwarded the name of Mr. Prado is the kind of experienced, law. former Texas Supreme Court Justice Xavier Rodriguez of San Antonio to the White well-qualified nominee that the Senate Judge Prado comes highly rec- House to fill Prado’s seat. can confirm with speed and ease. I sup- ommended by those with whom he Gov. Rick Perry appointed Rodriguez to port his nomination. serves and by those who appear in his the state’s high court, but he was defeated in Mr. LEAHY. Will the Senator yield? courtroom. Let me read a few state- last year’s GOP primary. Mr. HATCH. I am happy to yield.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5636 CONGRESSIONAL RECORD — SENATE May 1, 2003 Mr. LEAHY. I know we have set a Senators had indicated that they were Even after the consideration of Judge time. I wonder if the Senator from eager to proceed to this nomination Prado, for example, there is another Vermont might have a minute or so to and, after a reasonable period of de- distinguished Hispanic nominee who speak about this nomination. bate, voting on the nomination. I am was reported unanimously by the Judi- The PRESIDING OFFICER. Each confident this nomination will be con- ciary Committee last month on which side has 3 minutes remaining at this firmed by an extraordinary majority— the Senate will not yet have acted: on time. maybe unanimously. the Senate executive calendar is the Mr. HATCH. I will yield to the distin- It is most unfortunate that so many nomination of Cecilia Altonaga to be a guished Senator from Vermont, and I partisans in this administration and on Federal judge in Florida. We expedited yield my remaining 3 minutes to the the other side of the aisle insist on bog- consideration of this nominee at the distinguished Senator from Texas. ging down consensus matters and con- request of Senator GRAHAM of Florida. Mr. LEAHY. Mr. President, I begin sensus nominees in order to focus ex- She will be the first Cuban-American by thanking the democratic leader and clusively on the most divisive and con- woman to be confirmed to the Federal assistant leader for going to bat for troversial of this President’s nominees bench when Republicans choose to pro- Judge Edward Prado and working out as he continues his efforts to pack the ceed to that nomination. Indeed, this arrangement with the Republican courts. Democratic Senators have Democrats in the Senate have worked leadership so that this consensus nomi- worked very hard to cooperate with to expedite fair consideration of every this administration in order to fill ju- nation can be considered without fur- Latino nominee this President has dicial vacancies. What the other side ther delay. I appreciate that the major- made to the Federal trial courts in ad- seeks to obscure is that effort, that ity leader and Senator MCCONNELL dition to the nomination of Judge fairness and the progress we have been have been willing to work with us to Prado. allow this nomination to go forward able to achieve without much help from the other side or the administra- Another example may be the nomina- today. tion of Consuelo Callahan to the Ninth I was disappointed to hear on Tues- tion. This week, again, despite Democratic Circuit Court of Appeals. Unlike the di- day that the Republican position was willingness to proceed to a vote on the visive nomination of Carolyn Kuhl to that this matter should be further de- controversial nomination of Jeffrey the same court, both home State Sen- layed and I did not understand the Sutton to the Sixth Circuit, the other ators returned their blue slips and sup- logic or motivation behind that posi- side then insisted we proceed to the un- port a hearing for Judge Consuelo Cal- tion. precedented renomination of Priscilla lahan. I have asked that she receive a I cannot recall a time when the Sen- Owen. Mr. Sutton was confirmed with hearing in the near future and look for- ate or either party leadership insisted the fewest votes in favor of any judicial ward to learning more about her record on strict adherence to consideration of nominee in the last 20 years and with as an appellate judge for the State of nominations based on their calendar more than enough negative votes to California. Rather than disregarding number. Indeed, during the period 1995 have sustained a filibuster. Rather time-honored rules and Senate prac- through 2001, quite the opposite was than proceed to a consensus nominee tices, I urge my friends on the other true and Democrats had to work very and fill a judicial emergency vacancy side of the aisle to help us fill more ju- hard to get the Republican leadership on the Fifth Circuit with an experi- dicial vacancies more quickly by bring- to take up nominations that were enced and respected Hispanic federal ing those nominations that have bipar- stalled on the Senate Executive Cal- judge, Judge Prado, Republicans in- tisan support to the front of the line endar for weeks, months and some- sisted on pressing forward with another for Committee hearings and floor times years. This year we have contin- of the President’s most controversial votes. ued to make progress on filling judicial and divisive nominations. As I have noted throughout the last 2 vacancies not by holding up all nomi- The fact is that when Democrats be- nations reported after that of Mr. years, the Senate is able to move expe- came the Senate majority in the sum- ditiously when we have consensus, Estrada but, on the contrary, by mov- mer of 2001 we inherited 110 judicial va- ing to those on which there is agree- mainstream nominees to consider. Na- cancies. Over the next 17 months, de- tionally-respected columnist David ment and on which we can proceed spite constant criticism from the ad- most efficiently. Broder made this point in an April 16 ministration, the Senate proceeded to column that appeared in the Wash- In fact, all 20 judicial confirmations confirm 100 of President Bush’s nomi- this year were nominations reported ington Post. I referenced this column nees, including several who were divi- earlier this week and inserted it in the and considered after that of Mr. sive and controversial, several who had Estrada and after debate on the CONGRESSIONAL RECORD. In his column, mixed peer review ratings from the Mr. Broder noted that when he asked Estrada nomination had begun. ABA and at least one who had been We still do not know who on the Re- Alberto Gonzales if there might be a rated not qualified. Despite the addi- lesson in Judge Prado’s easy approval, publican side delayed consideration of tional 40 vacancies that arose, we re- the consensus nomination of Judge Mr. Gonzales missed the point. In Mr. duced judicial vacancies to 60, a level Broder’s mind: ‘‘The lesson seems obvi- Prado for the last month. I thank the below that termed ‘‘full employment’’ Congressional Hispanic Caucus for its ous. Conservatives can be confirmed for by Senator HATCH. Since the beginning the courts when they are well known in support of this nomination and for of this year, in spite of the fixation of their communities and a broad range of working with the Senate to bring this the Republican majority on the Presi- their constituents have reason to think matter forward at this time. I also dent’s most controversial nominations, them fair-minded.’’ want to thank the Republican leader- we have worked hard to reduce judicial ship for changing position and working vacancies even further. To date the Senate has proceeded to with us to move forward. As of today, the Senate Judiciary confirm 120 of President Bush’s nomi- I came to the floor on Monday to Committee website lists the number of nees, 100 in the 17 months in which make the point that the nomination of judicial vacancies at 48. That is the Democrats made up the Senate major- Judge Edward Prado to the United lowest it has been in 13 years. That is ity. The lesson that less controversial States Court of Appeals for the Fifth lower than at any time during the en- nominees are considered and confirmed Circuit was cleared on the Democratic tire eight years of the Clinton adminis- more easily was the lesson of the last side and that we were prepared to pro- tration. We have already reduced judi- two years and that lesson has been lost ceed. Senator DASCHLE and Senator cial vacancies from 110 to 48, in less on this White House. REID came before the Senate on Tues- than two years. We have reduced the Unfortunately, far too many of this day to urge that the Prado nomination vacancy rate from 12.8 percent to 5.6 President’s nominees raise serious con- be considered rather than be held cap- percent, the lowest it has been in the cerns about whether they will be fair tive on the Senate calendar. All Demo- last two decades. With some coopera- judges to all parties on all issues. cratic Senators serving on the Judici- tion from the administration think of Those types of nominees should not be ary Committee voted to report this the additional progress we could be rushed through the process. I regret nomination favorably. All Democratic making. the administration’s refusal to work

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5637 with us to end the impasse it has cre- So some have come to the conclusion vard Law School and earned a rating of ated in connection with the Estrada that Republican delay in connection ‘‘Well Qualified’’ by the American Bar nomination. with the consideration of Judge Association. Yet, under Republican The partisan politics of division that Prado’s nomination may be related to leadership, he never received a hearing the administration is practicing with the political strategy of the White on his nomination, let alone a vote by respect to that nomination are not House to characterize Democrats un- the Committee or by the full Senate. helpful and not respectful of the dam- fairly. Might the record be set straight His nomination languished without ac- age done to the Hispanic community if Democrats were seen to be sup- tion for 15 months. Despite his treat- by insisting on so divisive a nominee. porting this Hispanic nominee to the ment, this outstanding gentleman has I invite the President to work with Fifth Circuit? Might the Republicans’ recently written us in support of a ju- us and to nominate more mainstream own record of opposing President Clin- dicial nominee of President Bush. individuals like Judge Prado. His prov- ton’s nominations of Judge Jorge Ran- After Judge Rangel, disappointed en record and bipartisan support makes gel and Enrique Moreno to that same with his treatment at the hands of the it easier for us to uphold our constitu- circuit court be contrasted unfavorably Republican majority, asked the Presi- tional duty of advise and consent. I en- with Democrats’ support of Judge dent not to resubmit his nomination, courage those on the other side of the Prado? President Clinton nominated Enrique aisle to allow us to consider his nomi- Might Judge Prado, a conservative Moreno, a distinguished attorney in nation. I look forward to casting a vote from Texas with a public record of private practice in El Paso, TX. Mr. in favor of his confirmation. service as a Federal district court Moreno is a graduate of Harvard Uni- Judge Prado is an exceptional can- judge, become the first Hispanic ap- versity and the Harvard Law School. didate for elevation to the appeals pointed by President Bush to the cir- He was given the highest rating of court. He has significant experience as cuit courts with widespread support unanimously ‘‘Well Qualified’’ by the a public servant in west Texas. Perhaps from Senate Democrats? Might this ABA. Mr. Moreno also waited 15 the fact that he has bipartisan support more mainstream, consensus nominee months, but was never allowed a hear- is the reason why he is not being stand in stark contrast to the ideolog- ing before the Senate Judiciary Com- brought forward at this time for a floor ical choices intended to pack the mittee. President Clinton renominated vote. That does not fit the Republican courts on which the White House and him at the beginning of 2001, but Presi- message but reveals the truth: That Senate Republicans concentrate al- dent Bush, squandering an opportunity Democratic Senators, having already most exclusively? for bipartisanship, withdrew the nomi- acted on 120 judges nominated by Judge Prado has 19 years of experi- nation and refused to renominate him. President Bush, are prepared to sup- ence as a U.S. District Court judge, In addition, President Clinton nomi- port even more of his nominations which provides us with a significant ju- nated H. Alston Johnson to the Fifth when they are mainstream, consensus dicial career to evaluate. A review of Circuit in 1999. This talented nominees. Perhaps the fact that Demo- Judge Prado’s actions on the bench Louisianan came to the Senate with crats unanimously supported his nomi- demonstrates a solid record of fairness the support of both of his home state nation in committee is seen as a draw- and evenhandedness. Senators but he never received a hear- back for Mr. Prado in the Republican While I may not agree with each and ing on his nomination or a vote by the world of nomination politics. I hope every one of his rulings or with every Committee or the full Senate in 1999, that is not the case. action he has taken as a lawyer or 2000, or the beginning of 2001. His nomi- I also hope the fact that Judge Prado judge, my review of his record leads me nation languished without action for 23 is Hispanic has not been a factor in the to conclude that he will be a fair judge. months. Republican delay. Some have suggested No supervisor or colleague of Judge In contrast, when I served as Chair of that Judge Prado has been delayed be- Prado’s has questioned his ability or the Judiciary Committee last Con- cause Democratic Senators are likely willingness to interpret the law fairly. gress, we granted Edith Clement a to vote for him and thereby undercut Judge Prado enjoys the full support of hearing within months of her nomina- the Republican’s shameless charge that the Congressional Hispanic Caucus and tion. At that time there had been no the opposition to Miguel Estrada is the Mexican American Legal Defense hearings on Fifth Circuit nominees based on his ethnicity. Republican par- and Education Fund. Not a single per- since 1994 and no confirmations since tisans have made lots of partisan hay son or organization has submitted a 1995. attacking Democrats in connection letter of opposition or raised concerns with the Estrada nomination. We all about Judge Prado. No controversy. No We also proceeded to hearings, com- know that the White House could have red flags. No basis for concern. No op- mittee debate and committee votes on cooperated with the Senate by pro- position. This explains why his nomi- the divisive and controversial nomina- ducing his work papers and the Senate nation was voted out of the Judiciary tions of Judge Priscilla Owen and could have proceeded to a vote on the Committee with a unanimous, bipar- Judge Charles Pickering. We granted Estrada nomination months ago. The tisan vote on an expedited basis. hearings and votes on all four of this request for his work papers was sent To understand the importance of President’s nominees to the Fifth Cir- last May. Judge Prado’s nomination, we must cuit in spite of the treatment Repub- Rather than respond as every other put it in the context of prior nomina- licans accorded President Clinton’s administration has over the last 20 tions to the Fifth Circuit Court of Ap- qualified nominees to that same cir- years and provide access to those pa- peals. Until Judge Prado’s hearing, it cuit. Under Republican leadership, pers, this White House has stonewalled. had been more than a decade since a none of President Clinton’s nominees Rather than follow the policy of open- Latino nominee to that Court had even to this Court received a hearing during ness outlined by Attorney General been allowed a hearing by the Senate his entire second term of office. Robert Jackson in the 1940’s, this ad- Judiciary Committee, let alone a vote Some of my friends on the other side ministration has stonewalled. And Re- on the floor. I recall President Clin- of the aisle have made the outrageous publican Senators and other partisans ton’s two Hispanic nominations to the claim that Democratic Senators are could not wait to claim that the im- Fifth Circuit and the poor treatment anti-Hispanic or anti-Latino. I think it passe created by the White House’s they received from the Republican-led is important to set the record straight. change in policy and practice with re- Senate. Of the ten Latino appellate judges spect to nominations was somehow at- Judge Jorge Rangel was a former currently seated in the Federal courts, tributable to Democrats being anti- Texas State judge and a dedicated at- 8 were appointed by President Clinton. Hispanic. The charge would be laugh- torney in private practice in Corpus Three other Latino nominees of Presi- able if it were not so calculated to do Christi, TX when President Clinton dent Clinton to the appellate courts political damage and to divide the His- nominated him to the United States were blocked by Republicans—as well panic community. That is what Repub- Court of Appeals for the Fifth Circuit as several others for the district court. lican partisans hope is the result. That in 1997. Judge Rangel is a graduate of In fact, in contrast to the President’s is wrong. the University of Houston and the Har- selection of only one Latino circuit

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5638 CONGRESSIONAL RECORD — SENATE May 1, 2003 court nominee in his first 2 years in of- cerns about whether they will be fair court. This is a man who has made pub- fice, 3 of President Clinton’s first 14 ju- judges to all parties on all issues. lic service his career, and an out- dicial nominees were Latino, and he Those types of nominees should not be standing one at that. He is so well re- nominated more than 30 Latino nomi- rushed through the process. I invite the garded in San Antonio and by the peo- nees to the Federal courts. President to nominate more main- ple who have gone before him. They During President Clinton’s tenure, 10 stream individuals like Judge Prado. know they will get fair and impartial of his more than 30 Latino nominees, His proven record and bipartisan sup- justice in his court. That is why I am including Judge Rangel, Enrique port makes it easier for us to uphold pleased to support his nomination. Moreno, and Christine Arguello to the our constitutional duty of advise and This nomination has moved very circuit courts, were delayed or blocked consent. I encourage those on the other quickly. We are very pleased because of from receiving hearings or votes by the side of the aisle to allow us to consider the vacancies on the Fifth Circuit. But Republican leadership. his nomination. I look forward to cast- the ABA agreed that he had the ‘‘well Republicans delayed consideration of ing a vote in favor of his confirmation. qualified’’ unanimous approval of their Judge Richard Paez for over 1,500 days, I, again, thank the Senate Repub- committee. and 39 Republicans voted against him. lican leadership for working with us to There is just no controversy at all The confirmations of Latina circuit proceed to this consensus nomination, with this wonderful judge. It is my nominees Rosemary Barkett and Sonia to provide adequate time for debate pleasure as a Texan to support and Sotomayor were also delayed by Re- and to proceed to a vote without fur- urge my colleagues to support the publicans. Judge Barkett was targeted ther delay. Judge Prado’s nomination nomination of Judge Ed Prado. for delay and defeat by Republicans has been delayed on the Senate execu- The PRESIDING OFFICER. One based on claims about her judicial phi- tive calendar for several weeks, unnec- minute remains. losophy, but those efforts were not suc- essarily in my view. I recall all too viv- Who yields time? cessful. After significant delays, 36 Re- idly when anonymous Republican holds The Senator from Utah. publicans voted against the confirma- delayed Senate action on the nomina- Mr. HATCH. Mr. President, I ask for tion of this nominee who received a tion of Judge Sonia Sotomayor to the an additional 2 minutes equally divided ‘‘Well Qualified’’ rating by the ABA. Second Circuit for 7 months. Let us in addition to the 1 minute I have re- Additionally, Judge Sotomayor, who work together. I thank all Senators, maining. also received a ‘‘Well Qualified’’ rating even those Republicans who have anon- The PRESIDING OFFICER. Without and had been appointed to district ymously held up consideration of objection, it is so ordered. court by President George H.W. Bush, Judge Prado’s nomination for the last Mr. HATCH. Mr. President, I am was targeted by Republicans for delay month, for agreeing to proceed with pleased that my Democratic colleagues or defeat when she was nominated to this nomination at this time. I con- are willing to join us in confirming the Second Circuit. She was confirmed, gratulate the nominee and his family Judge Prado to the Fifth Circuit Court although 29 Republicans voted against on his elevation to the Fifth Circuit of Appeals. her. and look forward to his continuing ju- I regret that there has been any dis- The fact is that the Latino nomina- dicial service. cussion that somehow the Republican tions that the Senate has received from Again, I thank the Congressional His- leadership has held up this nominee. this administration have been acted panic Caucus for its support of this That is not true. What is particularly upon in a expeditious manner. They nomination and for working with the troubling is the suggestion that there have overwhelmingly enjoyed bipar- Senate to bring this matter forward at is some Republican delay in the consid- tisan support. Under the Democrat- this time. I do thank the Republican eration of Judge Prado’s nomination ically-led Senate, we swiftly granted leadership for changing its position and related to the Estrada nomination. hearings for and eventually confirmed working with us to move forward. I would point out that Democrats Judge Christina Armijo of New Mexico, I see the distinguished senior Senator who support the nomination of Judge Judge Phillip Martinez and Randy from Texas in the Chamber, and if I Prado to the Fifth Circuit are leading Crane of Texas, Judge Jose Martinez of have further time, I withhold it. I yield the opposition to Mr. Estrada, nomi- Florida, U.S. Magistrate Judge Alia the floor. nated to the D.C. Circuit. Those Demo- Ludlum, and Judge Jose Linares of The PRESIDING OFFICER (Mr. crats have characterized the D.C. Cir- New Jersey to the district courts. ALEXANDER). The Senator from Texas. cuit as ‘‘the second most important This year, we also confirmed Judge Mrs. HUTCHISON. I would like to be court in the land.’’ Senator KENNEDY James Otero of California, and we notified when I have 1 minute remain- stated recently that the D.C. Circuit would have held his confirmation hear- ing so Senator HATCH can take that makes decisions with national impact ing last year if his ABA peer rating had last minute of our 3 minutes. on the lives of all of the American peo- been delivered to us in time for the The PRESIDING OFFICER. The Sen- ple. Senator SCHUMER echoed these sen- scheduling of our last hearing. As I ator will be notified. timents just yesterday. It does seem to have noted, we also have the nomina- Mrs. HUTCHISON. Mr. President, I me that there is a different standard tion of Cecilia Altonaga to be a Federal am pleased, of course, the Senate will being applied to Miguel Estrada—a judge in Florida already on the Senate be voting on Judge Ed Prado to move nominee to the second highest court in Executive Calendar. to the Fifth Circuit Court of Appeals. the land—than to Judge Prado—a I, again, urge those on the other side He has been a judge on the district nominee to one of twelve other Circuit of the aisle to help us fill more judicial bench for a number of years—actually, Courts—although they are important. vacancies more quickly by bringing since 1984—and he has an outstanding In any event, neither the confirma- those nominations that have bipartisan record. He was a great choice by the tion of Judge Prado nor the confirma- support to the front of the line for President, and this is a circuit that tion of any judge justifies or excuses Committee hearings and floor votes. As needs these vacancies filled. There is the continued obstruction on Miguel I have noted throughout the last 2 no question it is a judicial emergency. Estrada. I repeat that the arguments years, the Senate is able to move expe- We hope to fill this seat with Judge put forth by opponents of Mr. Estrada ditiously when we have consensus, Prado, and then we hope Justice Pris- just do not hold up under scrutiny. mainstream nominees to consider. cilla Owen will also fill the other va- Their repeated accusations that he That is the way to achieve 100 con- cancy for the Fifth Circuit, that is failed to answer the questions has been firmations in 17 months and 120 in less open, from Texas. refuted again and again. The demand than 2 years. The lesson that less con- Judge Prado has an outstanding for confidential memoranda he au- troversial nominees are considered and record. He graduated from the Univer- thored as a line attorney for the De- confirmed more easily was the lesson sity of Texas and the University of partment of Justice is both extraor- of the last 2 years and that lesson has Texas Law School, a great university dinary and ill-advised, as I and others, been lost on this White House. in our Nation. He also has served as including all the living former Solici- Unfortunately, far too many of this U.S. Attorney for the Western District. tors General, have repeatedly dem- President’s nominees raise serious con- He served as judge on the State district onstrated.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5639 So my Democratic colleagues have NOT VOTING—3 moved from Philadelphia to Wash- had unlimited opportunities to make Inhofe Lieberman Sarbanes ington. At the time, the department their case on Mr. Estrada. Some of The nomination was confirmed. had exactly one member, a watchman them oppose him; others support him. The PRESIDING OFFICER. The named John Goldin, who was not But one thing has remained clear President will be notified of this ac- armed, had no power of arrest, and was through this debate: There is no good tion. paid an annual salary of $371.75. reason to deny Mr. Estrada an up or In 1827, the force was expanded for f down vote on his nomination. the first time, to four watchmen; two The time has come to end the debate LEGISLATIVE SESSION to work the day shift, one to work the on Mr. Estrada’s nomination and give The PRESIDING OFFICER. Under night shift, and one to fill in as needed. him and up or down vote, as the Senate the previous order, the Senate will re- One-hundred and seventy-five years will now do on Judge Prado. It is the turn to legislative session. ago tomorrow, on May 2, 1828, Congress fair thing to do. The Senator from Illinois. passed a milestone piece of legislation titled, appropriately, ‘‘the Act of May I urge all of my colleagues to join me f in voting for Judge Prado’s nomination 2, 1828,’’ bringing responsibility for po- MORNING BUSINESS at this time. licing the Capitol, for the first time, I yield the remainder of my time. Mr. FITZGERALD. Mr. President, I under the direction of the presiding of- ask unanimous consent that the Sen- ficers of the House and Senate. The PRESIDING OFFICER. The Sen- This same law also empowered the ator from Vermont. ate proceed to a period of morning business with Senators permitted to Capitol watchmen with full law en- Mr. LEAHY. I am glad my friends on forcement authority. It transformed a the Republican side now allow Judge speak for up to 10 minutes each. The PRESIDING OFFICER. Without corps of watchmen into a police depart- Prado’s nomination to go forward. I in- objection, it is so ordered. ment. tend to vote for him. Mr. FITZGERALD. I suggest the ab- In 1854, the Capitol Police were I yield the remainder of my time. sence of a quorum. armed for the first time with heavy The PRESIDING OFFICER. The The PRESIDING OFFICER. The hickory canes. question is, Will the Senate advise and clerk will call the roll. In 1867, responsibility of the Capitol consent to the nomination of Edward The legislative clerk proceeded to Police was transferred to the Sergeant C. Prado, of Texas, to be United States call the roll. of Arms in the House and Senate, Circuit Judge for the Fifth Circuit? Mr. DASCHLE. Mr. President, I ask where it remains today. Mr. HATCH. I ask for the yeas and unanimous consent that the order for In 1873, the U.S. Capitol Police Board nays. the quorum call be rescinded. was formed to oversee the department. At the beginning of the 20th century, The PRESIDING OFFICER. Is there a The PRESIDING OFFICER (Mr. COR- the department had grown to 67 mem- sufficient second? NYN). Without objection, it is so or- bers. There is a sufficient second. dered. In 1909, the department expanded to The clerk will call the roll. f just over 100 members; a move neces- The legislative clerk called the roll. HONORING THE UNITED STATES sitated by the construction of the Rus- Mr. MCCONNELL. I announce that CAPITOL POLICE ON THE DE- sell Senate Office Building and the the Senator from Oklahoma (Mr. PARTMENT’S 175TH ANNIVER- Cannon House Office building. This INHOFE) is necessarily absent. SARY also marked the first time the author- Mr. REID. I announce that the Sen- Mr. DASCHLE. Mr. President, tomor- ity of the Capitol Police stretched out- ator from Connecticut (Mr. LIEBERMAN) row marks a special milestone in the side the Capitol building itself. and the Senator from Maryland (Mr. In 1935, the Capitol Police Board, for history of the Capitol: The 175th anni- SARBANES) are necessarily absent. the first time, set qualification stand- versary of the U.S. Capitol Police De- The PRESIDING OFFICER. Are there ards for Capitol Police officers. partment. any other Senators in the Chamber de- In 1974, the first women officers Those of us who are privileged to siring to vote? joined the force. work in the Capitol know, perhaps bet- The result was announced—yeas 97, In 1981, the Capitol Police were au- ter than anyone, what a difficult and thorized to protect Members and offi- nays 0, as follows: demanding job it is to protect the Cap- [Rollcall Vote No. 138 Ex.] cers of Congress, and their families, itol, and how extraordinarily well the anywhere in the United States. YEAS—97 men and women of the Capitol Police Since September 11, all Members of Akaka Dodd Lott perform that job. the House and Senate leadership have Alexander Dole Lugar We also know how dedicated they are been required to have Capitol police Allard Domenici McCain to their duty. Allen Dorgan protection whenever we travel, and McConnell After September 11 and the anthrax Baucus Durbin Mikulski throughout the day as we go outside Bayh Edwards Miller attack on the Capitol itself, no one the Capitol building. One happy result Bennett Ensign Murkowski showed more courage, no one was of that, for me, is that I have been able Biden Enzi Murray Bingaman Feingold showed more determination, and no Nelson (FL) to show off my home State to a number Bond Feinstein one was more critical to ensuring that Nelson (NE) of officers. Boxer Fitzgerald Nickles the ‘‘People’s House’’ remained open to And I am proud to say that a few of Breaux Frist the people, than the members of the Brownback Graham (FL) Pryor them now consider themselves almost Bunning Graham (SC) Reed Capitol Police force. honorary South Dakotans. Burns Grassley Reid We, and all Americans, owe them an From the beginning, protecting the Byrd Gregg Roberts enormous debt of gratitude. Campbell Hagel Rockefeller Capitol has always carried the risk of Cantwell Harkin Santorum Today, on the eve of the 175th anni- personal injury, or worse. Carper Hatch Schumer versary of the department, we say On 1814, during the War of 1812, the Chafee Hollings Sessions ‘‘thank you’’ to Chief Gainer and all of British set fire to the Capitol building. Chambliss Hutchison Shelby the men and women of the Capitol Po- During the Civil War, the Capitol Po- Clinton Inouye Smith Cochran Jeffords Snowe lice. lice kept the ‘‘People’s House’’ open to Coleman Johnson Specter When we look at the highly trained, the public from sunrise to sunset, de- Collins Kennedy Stabenow highly skilled professionals who pro- spite the fact that military troops were Conrad Kerry Stevens Cornyn tect the Capitol today, it is hard to stationed around, and at times even in Kohl Sununu Corzine Kyl imagine sometimes that the depart- this building. Talent Craig Landrieu Thomas ment is descended from such humble Three times in the last century—in Crapo Lautenberg beginnings. 1915, 1917, and 1983—bombs were ex- Daschle Leahy Voinovich Dayton Levin Warner The Capitol Police department traces ploded in the Capitol by groups seeking DeWine Lincoln Wyden its origins to 1801, when Congress to advance political agendas.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5640 CONGRESSIONAL RECORD — SENATE May 1, 2003 In 1954, four members of a Puerto Mr. NELSON of Florida. Mr. Presi- will deficit finance, if that trend holds Rican nationalist group entered the dent, I ask unanimous consent that the up, a half a trillion dollars. House gallery and fired more than 16 order for the quorum call be rescinded. What does deficit financing mean? shots with .38 caliber pistols at the 243 The PRESIDING OFFICER. Without That means we are going to adopt Members who were then on the floor. objection, it is so ordered. budgetary policies of spending and tax Five Congress Members were injured. f revenues by which we are going to In response to each of these attacks, spend a half a trillion dollars, $500 bil- THE ECONOMY the Capitol Police Department lion, more than we have coming in in strengthened its training procedures, Mr. NELSON of Florida. Mr. Presi- tax revenue. And you wonder why the and strengthened its ability to prevent dent, I rise to speak about the depleted stock market is languishing so much. and respond to such attacks. condition of our national economy and The stock market is a reflection of the The fact that schoolchildren and what we ought to do. American people’s confidence in the fu- other visitors can sit in the galleries It is timely to point out that next ture of the economy and economic ac- today and watch their Government in week this Chamber, the U.S. Senate, tivity. So is it any wonder the stock action is a powerful symbol of Amer- will consider legislation raising the market just keeps kind of languishing ica’s commitment to democracy, and a debt limit; that is, the limit set by law along? Do people have the confidence testimony to the skill and courage of under which the Federal Government we are going to come out of these eco- the Capitol Police. can borrow money that is a debt obli- nomic doldrums and get the economy Given the risks, it seems almost mi- gation of the United States. That debt moving again? I think you see how raculous that the department did not limit is approximately $6.3 trillion. they are voting with their pocketbooks lose a single member in the line of duty Next week, we will consider the House on the stock market. The people do not until 1984, when Sergeant Christopher bill which has been sent to us to raise have that confidence. Why should they Eney was killed in a training exercise. that by the largest amount ever in the if, in this year, we are going to spend a And we all remember the terrible history of the Union, almost $1 trillion. half trillion dollars more than we have Friday afternoon, July 24, 1998, when Specifically, $984 billion will be the coming in in tax revenue? Officer JJ Chestnut and Detective John vote that we will cast next week to This leads me, then, to next week. Gibson were killed preventing a se- raise the debt limit. Next week, in addition to taking up the verely mentally ill man with a gun The Federal Government has to pay debt ceiling bill of raising the debt al- from entering the Capitol and killing its obligations. So by law we have to most a trillion dollars more so we can others. We still honor and miss them raise the debt limit so that the Federal pay our bills, we are also going to take today. Government can pay its obligations. up the tax bill. The tax bill, as pre- Their deaths brought into sharp re- But it is illustrative of the fact that sented to this body, is at least going to lief how difficult it is to protect ‘‘the the national debt is growing larger and be $350 billion. There are many in this People’s House’’ and keep it open to larger, and we are adopting fiscal poli- body who would like that tax bill to be the people at the same time. It is a cies that add to that national debt even more over a 10-year period. complex balancing act that few other each year by increasing the deficit fi- To me, it is not wise fiscal policy if police departments in the world even nancing that we engage in by the budg- that causes our deficit financing to go attempt, and none performs better. ets we adopt and then all of the legisla- up continually, just like we are seeing On September 11 and during the an- tion with which we implement those in this present fiscal year. If that debt thrax attacks, the Capitol Police re- budgets—the tax cuts, the spending keeps getting added to the national acted with great courage and profes- bills, financing the war, all of those debt, then it won’t be too long—an- sionalism under circumstances few necessary expenditures. But a fiscal other couple years—and we will be people could have imagined even a few policy has been advocated by the White right back here asking to raise the years ago. House, one of dropping off over the debt limit from about $7.3 trillion—an- Since then, the department has un- next 10 years tax revenues by some $720 other trillion dollars—up to about $8.5 dergone an intensive process to be able billion. And what is likely to pass the trillion. That is not sound fiscal policy. to prevent, and respond to, the new Senate is the commitments that were That is not going to bring us back on threats posed by global terrorism. made several weeks ago that that level the road to economic recovery. What Capitol Police officers continue to will be in the range of $350 billion over we can do is balance interests. We can work long days and long weeks in order 10 years instead of the level passed by have some tax cuts that will get the to respond to the need for increased or to be passed by the House of Rep- economy moving again, that will pro- vigilance. It is not unusual to see an resentatives in the range of about $550 vide economic growth, that will pro- officer guarding a door to the Capitol billion over 10 years. vide jobs so we get more dollars into when we arrive in the morning—and Is any elected official not for tax the economy and circulating to offset see that same officer, still on duty, cuts? Of course, we are. But that is not the sickly economy, offset the lack of when we leave at night. the decision with which we are con- economic activity, some of which has Without them, we could not do our fronted. What we are confronted with been brought on by September 11 but jobs. And this Capitol could not keep is, what do we do to better stabilize a some of which has also been brought on its doors open to the more than 1 mil- sick economy and to get our economy by an economic policy that is embrac- lion people who visit it each year from moving again? Almost unanimously, ing deficit financing. across this Nation and the world. the economists—I say almost unani- I will never forget over two decades Over the years, many fine men and mously because it is probably a ratio of ago when I was in the House of Rep- women have served on the Capitol Po- 9 to 1 among the economists, including resentatives. One of the most prolific lice Force—including my dear friend, statements issued yesterday by the writers and great speakers who had ar- the assistant minority leader, HARRY Chairman of the Federal Reserve, Alan ticulated balanced budgets suddenly REID. Greenspan—are basically saying: changed his tune and started speaking As they prepare to celebrate 175 Watch out. If you deficit finance, long- the message that we will not worship years of proud service to our Nation, term interest rates are going to go up. at the shrine of balanced budgets any- we thank them all for their devotion to It is going to depress the economy more. Well, in the early 1980s, that duty, their great skill and profes- coming out of this near recession. It is kind of worship didn’t work. The fiscal sionalism, and for their unyielding going to be difficult for us to get the policies adopted in the early 1980s were courage and sacrifice. economy moving again. so out of whack with the deficits annu- I yield the floor and suggest the ab- That is particularly true of the finan- ally soaring up to as high as $250 bil- sence of a quorum. cial condition in which we find our- lion in 1 year, finally those policies had The PRESIDING OFFICER (Mr. selves now. In the first 6 months of this to be reversed—not once but three SMITH). The clerk will call the roll. fiscal year, the Government has had to times. The legislative clerk proceeded to go out and deficit spend to the tune of Now we have a situation that is dou- call the roll. $250 billion. Annualized, that means we ble the annual deficits ever experienced

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5641 in the 1980s. We best get about the fight the disease. What we saw in these kind of drug treatment at all—vir- process of getting our economic and visits was devastating, with so many tually none. Only one child in all of fiscal house in order if we want Amer- children and adults dying of this hor- Guyana is getting any drug treatment ica to have the economic prosperity rible disease and too few drugs to go for AIDS. What a great tragedy. our citizens should enjoy. around to help treat them and keep Consequently, the disease is having a Mr. President, I yield the floor and them alive. devastating impact on these nations, suggest the absence of a quorum. Without question, HIV/AIDS is a and especially on the children. The PRESIDING OFFICER (Mr. human tragedy of grave proportions— In Haiti, there are more than 150,000 SUNUNU). The clerk will call the roll. not just in Africa but right here in our orphans due to AIDS. This number has The legislative clerk proceeded to own backyard in our own hemisphere. been increasing for over a decade and is call the roll. When you travel to the AIDS-infested expected to rise even more. Specifi- Mr. MCCONNELL. Mr. President, I regions of the world, as my wife Fran cally, the percentage of Haitian AIDS ask unanimous consent that the order and I have, and as so many of my col- orphans has gone from 7 percent in 1990 for the quorum call be rescinded. leagues here in the Senate have, such to 43 percent in 2001 and is estimated to The PRESIDING OFFICER. Without as Majority Leader FRIST, Senator increase to 49 percent by 2010. That will objection, it is so ordered. INHOFE, Senator DURBIN, Senator NEL- be a sevenfold increase in 20 years. f SON of Florida, and Senator CHAFEE, Rates are equally troubling in Guy- when you see the children with AIDS, ana. In 1990, there were no children or- THE HIV-AIDS EPIDEMIC when you hold them, when you touch phaned due to AIDS, none, but by 2001, Mr. DEWINE. Mr. President, a num- them, when you talk to the people who 21 percent of the orphans were the re- ber of us had the honor of attending an care for them, when you know that sult of AIDS, and that number is pro- event at the White House on Tuesday these children will in all likelihood die, jected to double to 41 percent by 2010. in which President Bush urged Con- it truly does change you forever. Then Not only is AIDS orphaning these gress to act quickly in passing an when you leave those countries, and children, but many of them are also emergency plan for global HIV/AIDS when you leave those children, you suffering from the disease. relief. know you cannot just leave; you know Today, in Haiti, there are hundreds I come to the Senate floor this after- you have to try to do something to of orphanages spread throughout the noon to applaud the President for his help. country, hundreds actually just in the remarks and for his continuing com- Our trip in February reinforced what capital of Port-au-Prince, but there are mitment to ease the worldwide suf- we already knew about the devastation less than just a handful that are serv- fering caused by the HIV/AIDS epi- of the disease in Haiti, and allowed us ing or even taking care of children who demic around the world. to see what efforts are now underway have AIDS or who are HIV positive. I also want to thank Secretary of in Guyana. We visited one of these orphanages in State Colin Powell and also my col- This afternoon, I would like to take a February, one of the orphanages that is leagues in both the House of Represent- few minutes to tell my colleagues taking care of children with AIDS. It is atives and in the Senate for their lead- about what we learned on that visit. a wonderful place. It is a place called ership in fighting this dread disease. I was pleased that Senator CHAFEE Arc en Ciel or ‘‘Rainbow House Orphan- There are so many people to thank. Let and his wife Stephanie were able to age.’’ This is a place that is doing just me commend Senators LUGAR, BIDEN, join Fran and me on that trip. We wonderful work. FRIST, SANTORUM, DURBIN, and KERRY learned a great deal about what is and A Canadian couple—Danielle and for their tireless efforts and their dedi- what is not being done in both of these Robert Penette—came in and restored cation to this fight, as well as Con- impoverished nations. the home there, and today it is a won- gressmen HENRY HYDE and TOM LANTOS We were fortunate to have Senator derful, bright, cheery, clean, and beau- for their great leadership and their DURBIN and Senator NELSON of Florida tifully maintained orphanage for about great vision. I am encouraged by what and his wife Grace and Congressman 37 Haitian children. I think about 30 of they have done with their leadership. KENDRICK MEEK join us on an earlier them actually are HIV positive or al- I believe we will soon pass a com- trip to Haiti in January, where we saw ready have AIDS. prehensive global AIDS relief initia- the tragic effects of the abject poverty What we saw there was truly inspir- tive. As the President said, time is not and disease that engulfs Haiti today. ing: children playing, laughing, and on our side. It is imperative that we in While there is certainly some mirac- learning in the classroom. They sang the U.S. Congress move quickly. As ulous work being done in Haiti to ease songs for us. They were happy and President Bush so correctly said on the suffering—work done by people healthy and content. They did not Tuesday: such as Father Tom Hagan and his or- seem like orphans at all really but Fighting AIDS on a global scale is a mas- ganization Hands Together—there re- more like one big happy family—one sive and complicated undertaking. Yet, this mains so much work to be done. healthy family. It was hard to imagine cause is rooted in the simplest of moral du- When you view the HIV/AIDS rates in that any of these little children were ties. When we see this kind of preventable Haiti and Guyana in the context of the sick at all. suffering—when we see a plague leaving disease’s overall prevalence rate in our But of the HIV-positive children at graves and orphans across a continent—we hemisphere—Haiti has the highest rate the Rainbow House Orphanage, about must act. and Guyana, either the second or third 15 of them are currently in need of The President of the United States is highest rate—the moral imperative of antiretroviral drugs. Those 15 children, absolutely right. This is a moral issue. helping these two troubled nations be- fortunately, are now receiving these We as a nation and as a people have an comes absolutely crystal clear. drugs. obligation to act. We as a nation and In Haiti today, a nation of approxi- One of the important lessons we we as a people have the ability to fight mately 8 million people, 300,000 cur- learned about these children and about this disease. We have the tools. And it rently live with AIDS—300,000 people the Rainbow House is that by providing is our duty and it is our obligation to out of a country of 8 million people. these drugs, and by providing love and help ease this grave and global public Guyana follows close behind. In Guy- consistent nutrition—this good health health crisis. ana, a nation of roughly 800,000 people, care—clean water, the Penettes, this In February, I made my 12th trip to 35,000—35,000—have been identified as wonderful couple, are making an unbe- Haiti and my first visit to Guyana, HIV positive or as having AIDS. Of lievable impact on the quality of life both nations in our hemisphere that those 35,000 people who have been iden- for these very sick children. President Bush has cited as countries tified as HIV positive or as having What they, in effect, are doing is pro- in dire need of our assistance to fight AIDS, only 200—less than 1 percent— longing the time it takes before these this HIV/AIDS problem. We traveled are getting antiretroviral drug treat- children actually need to be on AIDS there to learn more about the AIDS ment. Of those 200, only one—only treatment drugs. So half the children situation and determine what kind of one—is a child. So virtually none of the are not even on the drugs yet. Half of health infrastructure is in place to children in Guyana are getting any them are on the drugs.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5642 CONGRESSIONAL RECORD — SENATE May 1, 2003 There are other places in Haiti, AIDS. Very likely, unless something tively, and their lives can be saved. In places where there are good, decent, changes, unless drugs are made avail- fact, doctors in Haiti have already loving people, such as the Penettes, able to him, this little 7-year-old boy, demonstrated—Dr. Pape, Dr. Farmer, who are also working miracles. who I also can’t get out of my mind, who I will talk about in a moment— For example, at another orphanage will also eventually die. through the compliance rate, in other we visited in January, we saw wonder- His death will be a needless one be- words, the rate people taking these ful people doing the best they could to cause these drugs are available. It is drugs and doing it consistently and care for some very sick, very malnour- just that the folks caring for this little saving their own lives, that they can ished children. At this particular or- boy do not have access to them. Money do it just as well as you or I can do it phanage, many children are brought is not available. The drugs are not in the United States or someone who there who are on the verge of death. available. That is an injustice. It is has AIDS in the United States can do The parents bring them there to try to wrong. It is a human tragedy. it. save them. When we see children who are The fact is, despite the enormity of The good people who run these or- healthy now and who could remain the despair, there is an equal if not phanages—saints really—love these healthy if treated properly, we feel so greater amount of hope. There is hope children. They care for them. They feed helpless because we know they are because we can help. There is hope be- them, give them what little medicine eventually going to die if we don’t do cause a great deal is being done al- they have access to. These people bring something. That is why we must try to ready. In Guyana, there is an energetic many of these dying children back to do something. I believe we must take President, President Jagdeo, and a life. They save them and they nourish action to save these children. dedicated health minister who are them. This is one of the children my wife committed to fighting this disease and But, tragically, for many of these Fran and I had the opportunity to see building a health infrastructure in children, they have AIDS. Unfortu- at the orphanage I just described in their nation that will in fact save lives. nately, the people who care for them in Haiti. This is one of the little children They have a long way to go, but I am these orphanages—these other orphan- who does in fact have AIDS. This is one encouraged by their current education ages—do not have access to what the of the little children who does not have efforts and by their commitment to Penettes have; that is, the lifesaving access today to the drugs that will save getting more drug treatment into their drugs, antiretroviral drugs to keep this child. So when the President talks nation. As they work to build this in- these children with AIDS alive. about a moral imperative, as he so elo- frastructure, they can learn a great They can give them love. They can quently does, and says we in the United deal from the success stories in Haiti. I give them food and clean water—and States have a moral obligation to stop will tell you a couple. that helps—but they cannot give them the suffering, to reach out and help First there is Dr. Bill Pape who was the drugs that ultimately will save these children, these are not just sta- with us at the White House just 2 days them. tistics. These are children who are in ago and who the President talked At this orphanage that Fran and I Africa, Asia, Haiti, Guyana. This is about and cited as a great example. He saw, they have an entire floor just for just one of the real faces of the chil- is director of GESHKIO, a health orga- children—these young babies with dren. nization with 27 clinics in the Port-au- AIDS. What you see when you go there This is a picture of one of the many Prince area dedicated to the preven- really does change you forever. It is AIDS babies we saw and actually held tion and treatment of AIDS. I met with truly tragic—row after row of steel when we were in Haiti. When you look Dr. Pape several times in the past. I cribs with babies at various stages of at that innocent, helpless little child, a am always amazed at what this man disease, none of whom are receiving child who has acquired AIDS through has accomplished. Through his work, any sort of antiretroviral drug treat- no fault of her own, you realize we as a Dr. Pape is showing that in places as ment. Nation have a moral obligation to help. poor as Haiti, a nation with an average I remember seeing a little boy. He Children like this little girl, who in all yearly per capita income of only $250, a was about 4 or 5 years old, a little boy likelihood may have already died in nation where there are very limited whose name was Francois. He had the time that has passed since we were health resources and, frankly, a nation AIDS. The day we were there, when we in Haiti, will continue to die because with all kinds of problems with the saw him, he was very close to death. He they are not getting the drugs they government, HIV treatment and pre- was laid out on a makeshift bed on the need. These drugs are available, but vention can and does work. cold, concrete floor. He had an IV at- they are not getting them. At the 27 GESHKIO clinics, they see tached to him, and he was getting some It is clear we are not doing enough. It over 11,000 children, of whom 589 are fluids. is also clear this Congress must act. We HIV positive. Sadly, of those children, The wonderful people who were car- cannot just walk away from nations only 29 are currently on antiretroviral ing for him explained that he was no such as Haiti and Guyana and these drugs, but that is changing. At the longer able to keep any food down. children and say this problem is too big same time, GESHKIO is working hard They explained to us that he would for us to fix. We cannot walk away and to treat infected mothers to help pre- probably die within a couple days. say these are resource-strapped Third vent mother-to-child HIV trans- There were no drugs available to World countries and there is nothing mission. treat him. So the people who were car- we can do. We cannot walk away and At Dr. Pape’s clinics, they have ing for him, were loving him, nurturing say we should not funnel more re- found 30 percent of children were being him, were doing what they could to sources into those nations because it born with HIV/AIDS if the mother was give him the love they could and to will be too difficult to get compliance HIV positive and not receiving treat- make him as comfortable in the little with the reforms; in other words, that ment. But of the HIV-positive mothers time this poor little boy had remain- lack of education and a weak and fee- receiving treatment, only 8.7 percent of ing. I will not ever forget that little ble infrastructure will impede any the children born are HIV positive. boy. I will not forget him for the rest progress. We cannot walk away and Clearly, this shows what can be accom- of my life. I don’t think anybody else simply say these are poor people, illit- plished, and this is one of the Presi- who was in our group and who saw that erate people, and we cannot teach them dent’s major initiatives—the mother- little boy will forget him either. how to take the drugs. We cannot walk to-child transmission. It shows what Another little boy I won’t forget was away and say there is no hope, because you can do when you can go from a 30 about 7 years old. He also had AIDS. the evidence is that is not true. There percent AIDS incidence to at least 8.7, But he appeared to be, when you is hope. and possibly even lower. Think of all looked at him, very healthy. He was The evidence is good doctors have al- the children whose lives are being lively and content and thriving. But ready demonstrated, in countries like saved, who are not getting HIV, who when we talked to the people in the or- Haiti, that no matter how poor, how il- are not HIV positive because of that. phanage, sadly we found out that will literate, people can take the drugs. Mr. President, the medical science is not last because this little boy also has They can do it very well and effec- clear: If we can reach these mothers

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5643 early enough before they give birth to at once overwhelming and seemingly because they want to make better lives that child who will have AIDS because unreal, when you hold babies dying for themselves and for their children. the mom has AIDS, and if we can get from the disease, or when you see the Most of these jobs, as we well know, do medical treatment to the mother and real faces of these men, the people suf- not provide health insurance for citizen get her the proper drugs, we can save fering, as in these photographs, it has families or immigrant families. that child. We can save that child at to move you. It changes you. It cer- Legal immigrants play an important comparatively little economic cost. We tainly makes the statistics real. role in our overall economy. They take should think of the savings not just in Mr. President, in a guest column re- low-paying jobs that businesses rely dollars and cents, but in lives saved. cently in the Washington Post, promi- on. They pay taxes. Immigrant chil- I was pleased to have the opportunity nent AIDS activist Bono quoted some- dren are also required to register for in February to also meet with Dr. Paul thing President Harry Truman once the Selective Service when they turn Farmer, who is fighting AIDS in the said. This is what Truman said: 18. According to the American Immi- rural and remote parts of Haiti. He I trust the people because when they know grant Law Foundation, 60,000 legal im- runs an organization called ‘‘Partners the facts, they do the right thing. migrants are on active duty in the U.S. in Health’’ and operates clinics in That certainly is the case, I believe, Armed Forces. Cange. Dr. Farmer is making tremen- when it comes to the global AIDS prob- But now, as a result of this policy, dous progress. Since 1999, his organiza- lem. We have the opportunity to do the when a woman becomes pregnant, or a tion has tracked a population of 3,500 right thing. I believe we will do the child gets sick, they have no where to HIV/AIDS patients and has been able to right thing. turn but to emergency care, which is treat more than 350 of them with The House plans to take final action the most expensive means of providing antiretroviral drugs. Of those receiving on its bill today, and I am encouraged health care. drugs since 1999, zero percent—no one— by the continued good-faith efforts of A number of States have realized has died. Yet, tragically, of those not my colleagues in the Senate. We are that this is not an efficient or accept- receiving drug treatment, 35 percent, moving forward on a bipartisan basis. able means of addressing the health so far, have died. The majority leader, Dr. BILL FRIST, care needs of these families. Some 20 Both Dr. Pape and Dr. Farmer have has been a real leader in this. My col- States now provide health care services received grants from the Global AIDS league, Senator LUGAR, on a bipartisan to legal immigrants using their own Fund to supplement their efforts. And I basis, is working with others and mov- funds. The result of the 1996 policy has point out that money is being put into ing forward on this as well. I am en- not been the one desired by the authors proven organizations that can get the couraged that we will be able to get a of the language. Instead, it has re- job done. This tells us we are willing to bill put together. sulted in transferring the burden of invest efforts that are working and Mr. President, every 50 seconds a caring for these people to States and making a difference and saving lives. child somewhere in the world dies of an hospitals. Unfortunately, the severe While Dr. Farmer and Dr. Pape have AIDS-related illness, and another be- fiscal crisis is forcing some States to empirically proven there is success in comes infected with HIV. We have to reexamine their coverage. treatment in a Third World nation, and do something to stop this. The United To respond to this situation, Senator there is hope, we still must do more. States has an obligation to lead this GRAHAM introduced S. 845, the Immi- We must act, and we must act now. fight, and we are leading it and moving grant Children’s Health Improvement I am encouraged we have moved for- forward. I look forward to continuing Act, or ICHIA. It would allow States to ward in terms of our AIDS spending to work with my colleagues as we move use Federal Medicaid and SCHIP fund- level—a level that has gone up signifi- ahead. It is our duty, it is our moral ing to provide coverage for pregnant cantly over the last few years. I com- obligation, and it is the right thing to women and children who are legal im- pliment my colleagues on the Appro- do. migrants. This proposal has strong bi- priations Committee, and particularly I yield the floor. partisan support, not only in the Sen- Senator TED STEVENS for his efforts f ate but also in the House. In fact, last and dedication to increasing our funds year, it was adopted on a bipartisan to fight AIDS. IMMIGRANT CHILDREN’S HEALTH basis in the Finance Committee during Earlier this year, Senator DURBIN IMPROVEMENT ACT debate on a bill to reauthorize welfare and I were successful in amending the Mr. DASCHLE, Mr. President, I programs. fiscal year 2003 omnibus appropriations would like to bring a matter to the at- The administration’s letter suggests bill to include an additional $100 mil- tention of my colleagues. This is a that this proposal would somehow cre- lion to fight the global AIDS pandemic. clear example of misplaced priorities in ate a new burden on the States. In fact, That money will go a long way. If that the President’s budget. the proposal gives States the option to money is used to implement a holistic Last January, a number of Senators provide this coverage, and allows them approach to fighting AIDS, I believe we wrote to the President requesting that to use Federal resources to do so, thus can make significant advances world- he include a provision in his budget to giving them significant fiscal relief. No wide. That means focusing funds on allow states to provide Medicaid and new burden would be imposed on the education and prevention and treat- SCHIP health care coverage for women States. In addition, the National Gov- ment—treatment in terms of mother- and children who are legal immigrants. ernors Association and the National to-child transmission, treatment of Yesterday, Senator GRAHAM received Conference of State Legislatures have mothers who already have children, a letter in response to that request. made restoring these benefits a pri- and treatment of all infected adults. The letter makes a number of claims ority. This type of comprehensive approach that are, at best, disingenuous. The long-term economic and health can and will make a difference. Just to remind my colleagues of the consequences of inadequate health care Let me turn my colleagues’ attention history of this issue: the 1996 welfare services for pregnant women and chil- to two other photographs from our re- law banned legal immigrants from re- dren is well-established. The adminis- cent trip to Guyana. You will see two ceiving Federal benefits under a num- tration’s letter tries to minimize the men who are stricken with AIDS. They ber of programs, including Medicaid, importance of this issue for immi- are patients of the only public hospital for 5 years. The argument was made grants, by talking about other, less ef- in that nation’s capital of Georgetown. that people shouldn’t come to this fective health care proposals, such as When you look at these pictures, you country if they are going to be a public the Medicaid block grant, and by point- can see the anguish in these poor men’s charge. ing out that the fetuses of immigrants eyes. You can see their suffering and The reality is that many legal immi- are covered by SCHIP. you can certainly see their heartbreak. grants and their families, because of It is important to recognize, how- This shows you the ward in this hos- language barriers and other issues, ever, that more than 5 million children pital in Georgetown. This poor gen- agree to take some of the lowest pay- live in poor or ‘‘near-poor’’ non-citizen tleman has AIDS. Though the stag- ing jobs in this country. They don’t families. That is more than one-quar- gering and shocking statistics can be come here to take welfare; they come ter of the total population of poor or

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5644 CONGRESSIONAL RECORD — SENATE May 1, 2003 ‘‘near-poor’’ children. Almost half of Anaheim, CA. A 27 year-old Indian faced only after civil liability suits all low-income immigrant children are physical therapist was mistaken for a were filed. The Brady report reveals uninsured—and they are more than Middle Easterner and assaulted while the disregard of some in the gun indus- twice as likely to be uninsured as low- celebrating his birthday at a karaoke try for even basic self-regulation. The income citizen children with native- bar. The victim was leaving the bar at Lawful Commerce in Arms Act that re- born parents. about 1 a.m. with a group of his friends cently passed the House and that has Most of these children will eventu- and family when several men picked a been referred to the Senate Judiciary ally become American citizens. By de- fight with him. Witnesses heard at Committee would shield the gun indus- nying all but emergency health care, least two people yell racial slurs about try from many legitimate civil law- and especially by denying preventive ‘‘Middle Easterners.’’ The man suffered suits. Certainly, those in the industry care, we increase the risk that these a shattered jaw and was released from who conduct their business negligently children will suffer long-term health the hospital 2 days later after under- or recklessly should not be shielded consequences—consequences that could going surgery to have his mouth wired from the civil consequences of their ac- reduce their ability to learn and de- shut. tions. velop and become productive, contrib- I believe that Government’s first f uting citizens; consequences that in- duty is to defend its citizens, to defend crease the possibility these children them against the harms that come out THE BROAD-BASED STOCK OPTION will need more expensive health care of hate. The Local Law Enforcement PLAN TRANSPARENCY ACT OF 2003 later on. Enhancement Act is a symbol that can Mrs. BOXER. Mr. President, the Fi- The administration claims credit for become substance. I believe that by nancial Accounting Standards Board, providing coverage for fetuses, presum- passing this legislation and changing FASB, issued a tentative decision last ably because when these children are current law, we can change hearts and week to mandate the expensing of born they will be citizens. But it is minds as well. stock options. As a result of this deci- worth noting that the Medicaid/SCHIP f sion, the FASB will develop a mecha- ban is having an impact on citizen chil- nism for determining the cost of the dren living in immigrant families. As A RECKLESS GUN INDUSTRY options granted to employees and then many as 85 percent of immigrant fami- Mr. LEVIN. Mr. President, a recent force firms to deduct that cost from lies have at least one child who is a cit- report published by the Brady Cam- earnings in their financial statements. izen. Although many of these children paign to Prevent Gun Violence cites If finalized and enforced, expensing are eligible for Medicaid and SCHIP, numerous examples of reckless sales rules would kill broad-based options receipt among eligible citizen children and distribution practices by gun man- programs available to rank-and-file of non-citizen parents is significantly ufacturers, distributors and dealers. workers and punish companies that below that for other poor children. Par- The report, entitled ‘‘Smoking Guns: treat employees as partners in innova- ents may be confused about their chil- Exposing the Gun Industry’s Com- tion rather than just as simple factors dren’s eligibility, or concerned that plicity in the Illegal Gun Market,’’ re- of production. But worst of all, it somehow claiming these benefits will veals a disturbing pattern of negligence would misrepresent a firm’s earnings affect the status of other family mem- by some in the gun industry. because experts have said again and bers. In one example, in 1996, according to again that stock options cannot be Finally, the letter suggests that, at a the report, the owner and six employ- priced accurately in the short term. cost of $2.24 billion over 10 years, pro- ees of a California gun store were ar- The FASB received more than 250 viding this coverage is too expensive. It rested for numerous Federal firearms comment letters during the period also reminds us that this issue must be offenses. The violations included sell- leading up to its current project on ex- considered in the context of competing ing illegally converted, fully automatic pensing stock options. Those letters priorities. That is precisely my point. AK–47 assault rifles and having em- presented a range of views on whether Making sure that pregnant immigrant ployees encourage customers to obtain stock options constitute a cost that women, and their children, have access false identification in order to skirt should be deducted from earnings. to health care, including preventive legal requirements for gun ownership. Many respected economists and ac- care, is an investment in the future Even after the owner of the store was countants stated clearly that options workforce of this Nation. Denying sent to prison, Heckler & Koch and should not be expensed. But expensing them the care they need on an appro- other gun manufacturers, according to seems to be the only mechanism that priate and timely basis could have dire the report, continued to supply the the FASB is willing to consider for im- consequences not only for these indi- store. In a letter explaining their ongo- proving investor understanding of a viduals, but for our businesses that will ing business with the gun store, Heck- firm’s financial condition. depend on a healthy population for ler & Koch wrote that it ‘‘is not our in- The experts I have worked with be- their future workers. tention to turn away business.’’ lieve that better, more detailed disclo- I believe providing health care for all More recently, the sniper shootings sure of stock option programs is the of our citizens, including pregnant that paralyzed the Washington, DC, best mechanism for informing inves- women and children who are immi- area last year were committed with a tors on those programs. And I do not grants, is vital for our future economic rifle traced to a gun store in Tacoma, believe that the FASB has adequately strength. It should be a much higher WA. According to the report, the Bush- considered greater disclosure as an al- priority than providing a $1.2 trillion master semi-automatic assault rifle ternative to expensing. Greater disclo- tax cut for the richest people in the possessed by the sniper suspects was sure would provide investors with the country. It is the right thing to do. only one of 238 guns missing from the information they need without discour- f store’s inventory. Despite previous aging the use of stock option programs ATF audits which revealed dozens of at innovative firms. At the very least, LOCAL LAW ENFORCEMENT ACT missing weapons and evidence linking greater disclosure should be tried and OF 2001 a Bushmaster rifle from the store to evaluated prior to imposing a new, dis- Mr. SMITH. Mr. President, I rise the sniper killings, according to the re- ruptive expensing regime. today to speak about the need for hate port, a Bushmaster executive an- Stock option programs mean oppor- crimes legislation. In the last Congress nounced that his company still consid- tunity for workers across gender lines Senator KENNEDY and I introduced the ered the same store a ‘‘good customer’’ and wage scales in my state. In Silicon Local Law Enforcement Act, a bill that and would continue to sell to it. Valley, the median home price is would add new categories to current These examples of gun industry neg- $530,000. I know of single women work- hate crimes law, sending a signal that ligence are by no means isolated. The ing in Silicon Valley who have only violence of any kind is unacceptable in Brady Campaign report contains nu- been able to own a home because of the our society. merous other examples of careless be- stock options their companies offer I would like to describe a terrible havior on the part of gun manufactur- them. For small businesses in my crime that occurred October 21, 2001, in ers and dealers, many of which sur- state, stock options permit cash-

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5645 strapped businesses to attract and re- In addition to its strategic role with That’s classic Henry for you: if he tain employees who want to share in the U.S., Taiwan has a strong market- could walk, sure enough he would be the fruits of a growing company. The based economy and burgeoning multi- there. He was truly one of a kind. Woman’s High Tech Coalition wrote to party democratic system. It has helped He was also involved in a wide range me last year: lead the modernization of Southeast of civic and charitable work, including The education process on stock options Asia by demonstrating the importance the Anti-Defamation League of B’Nai needs to be complete in its understanding of of respecting civil liberties and the B’rith, the American Jewish Com- what this opportunity has meant to so many rule of law. mittee, Meals on Wheels and ‘‘Mo’s women, in particular, in terms of their abil- A component of U.S. efforts to ensure Kitchen,’’ which provides daily meals ity to lift themselves and their children out of a cycle that can affect several genera- regional stability is to maintain strong at Glide Memorial Methodist Church in tions. relations with Taiwan, including assur- San Francisco. Unfortunately, the process at the ances to protect the island against Henry was also an overseer of UC-San FASB is not designed to consider the military attacks. To support this ef- Francisco, a trustee of the McLaren broader economic benefits of stock-op- fort, the U.S. has a tradition of pro- School of Business at the University of tion programs in its rule-making proc- viding military assistance to Taiwan San Francisco, and a board member of ess. In failing to consider these bene- for the purpose of its self-defense. In USF’s Fromm Institute of Lifelong fits, the FASB’s actions may end up recent years, this assistance has pri- Learning. doing more harm than good. And before marily been in the form of sales of air- When someone lives as long as Henry we allow unaccountable officials to craft and advanced warning radars to did—92 long, prosperous, and produc- create new rules that effectively elimi- the Taiwanese government. Most re- tive years you can’t conceive of the nate stock option programs, I strongly cently, the Bush administration an- world without them. believe that we should be fully in- nounced it would sell Taiwan a new as- My heartfelt condolences go out to formed about the broader impact on sortment of defense articles, including his wonderful wife Sally, to his sons workers and productivity. A recently diesel submarines, P–3C anti-submarine Ron and Bob, and to his grandchildren published book, ‘‘In the Company of aircraft, and Kidd-class destroyers. I and great-grandchildren. Owners: The Truth About Stock Op- support this decision because it recog- I will miss him greatly, but consider tions (And Why Every Employee nizes the legitimate self-defense re- myself so very privileged to have Should Have Them)’’ includes exten- quirements of Taiwan, but does not de- known Henry Berman to be able to call sive research showing that broad-based stabilize the sensitive relations be- him my loyal colleague and my dear, stock option plans, over the past 20 tween Taipei and Beijing. dear friend. The Key to ensuring peace and sta- years, enhanced productivity, spurred f capital formation, and enhanced share- bility in the region is to promote holder value. We should carefully re- healthy U.S. relations with Taiwan and ADDITIONAL STATEMENTS view the implications of any new pol- support efforts to encourage the Peo- icy on stock options programs before ple’s Republic of China and Taiwan to implementing them and hoping for resolve their differences peacefully. We RALPH KRISKA PERDUE positive results. should continue to pursue a means of ∑ Ms. MURKOWSKI. Mr. President, As a result of FASB’s decision and supporting Taiwan without harming today I honor a pillar of the Fairbanks the refusal to consider alternatives to U.S. interests in China. business community and a respected expensing, I am joining Senator ENSIGN in introducing legislation that calls for f Athabaskan Elder, Ralph Kriska Perdue, who passed on early Tuesday the Securities and Exchange Commis- IN MEMORY OF HENRY BERMAN sion to undertake a thorough review of morning at the age of 73. I doubt that stock option programs and an assess- Mrs. FEINSTEIN. Mr. President, I most folks in Interior Alaska knew his ment of the value of greater disclosure rise today to pay tribute to a very dear real age. You see, for years Ralph’s as an alternative to expensing. The bill friend and colleague of mine, Henry wife, Dorothy, conducted a 39th birth- sets a 3-year framework for evaluating Berman, who died on Tuesday, April 27. day sale, every Christmas, at the fam- this alternative to expensing during He was just 92 years old. ily store, Perdue’s Jewelers. which the SEC could not enforce any He was a true Renaissance man—a Ralph was born on December 16, 1929 new accounting standard on options man who loved life and loved people. in the village of Koyukuk on the that the FASB establishes. Indeed, there was not a sweeter, Yukon River. He became interested in If the SEC’s studies indicate that gentler, or more generous person on making jewelry around 1946 and in 1961 greater disclosure is not getting earth than Henry Berman. opened a jewelry store in downtown enough information to investors, then Born in 1910, in New Haven, CT, Fairbanks. Ralph was a determined in- we can revisit the issue. But we should Henry made his way to San Francisco dividual. He once told a reporter for not let unelected, unaccountable FASB in the early 1930s. During the Great De- the Fairbanks Daily News-Miner, ‘‘To officials dictate policy through a pression he worked as laborer, then me, there is satisfaction that some- rushed accounting standard. We must sold butter and eggs, until he settled thing is done the way it should be exercise our oversight function and down as a consultant for Joseph Sea- done, whether it’s a piece of jewelry or carefully weigh alternatives that would grams & Sons, where he worked for 56 anything that confronts me.’’ The be better for workers, investors, and years. Fairbanks economy has experienced the economy as a whole. Long active in San Francisco politics booms and busts, but Perdue’s Jewelers and a dedicated philanthropist, I was has grown and prospered. f lucky enough to have Henry serve as Ralph will be remembered in Interior TAIWAN SUPPORT the Chairman of the Fire Commission Alaska for many things. A bridge be- Mr. CRAPO. Mr. President, I rise during my tenure as mayor. tween the Native community and the today to bring to the attention of my I was also fortunate enough to have broader community, he served for 6 colleagues the importance of U.S. rela- him serve as my campaign treasurer, in years as president of the Tanana Chiefs tions with Taiwan. 1992, when I first ran for the United Conference and as a member of the Most Americans have been focused on States Senate. I never had a more loyal Fairbanks North Star Borough Assem- the two media showpiece events in re- supporter. bly and the Fairbanks North Star Bor- cent weeks—the conflict in Iraq and He served the city of San Francisco ough School Board. the SARS pandemic. I would note to up until the very end of his life, when He will be dearly remembered as the the Senate that our relations with Tai- he was the president of the airport father of the Fairbanks Native Associa- wan—a key strategic ally for the commission. According to his son Ron, tion, which he helped found in 1963. United States and a critical regional Henry was on the phone with airport Today, the Fairbanks Native Associa- trading partner—should not be over- leaders even during the last days of his tion has an annual operating budget of looked. illness. about $13 million and a workforce of

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5646 CONGRESSIONAL RECORD — SENATE May 1, 2003 300 people. It provides a variety of so- These are our true American heroes in school, he worked at a hamburger joint cial services to the people of Fair- our communities, in our States and in called Virg’s on Central Ave. He boxed in banks, including a very successful re- our Nation. As the husband of a retired intramurals. gional alcoholism treatment center, teacher who spent 35 years in the class- About 15 years after the war, Proft was painting a sign near Virg’s. As he passed the which was appropriately named the room, I know first hand the deep com- hamburger joint, he thought about LaBelle ‘‘Ralph Perdue Center.’’ mitment, tough challenges, and endless and his Medal of Honor. Annette Freiburger, executive direc- efforts that go along with being a dedi- ‘‘It struck me that I didn’t know anything tor of the Fairbanks Native Associa- cated teacher. There is no doubt about about what he had done,’’ he said. tion (FNA), is quoted in the News- it: Lorraine Johnson is a dedicated ed- He went to his local library, then to the Miner as follows, ‘‘Ralph has always ucator. Minneapolis Public Library. He wrote to gov- served as a guide and inspiration for Lorraine Johnson teaches seventh ernment and military sources. A friend helped with the search, but they came up FNA. We recognized him as our FNA grade language arts at Arnall Middle empty-handed. chief, the only chief we have in Fair- School in Newnan, GA. In my home In the late 1960s, the U.S. Government banks.’’ State of Georgia, Lorraine’s excellence Printing Office compiled lists of recipients Ralph was also the devoted father of is no secret. She was named Georgia’s with their citations, he said, but that mate- Karen Perdue Bettisworth, the distin- Teacher of the Year for 2003 for her re- rial was distributed only to federal deposi- guished former commissioner of the markable efforts. tory libraries and couldn’t be checked out. Alaska Department of Health and So- It was a real honor and a privilege to Proft thought there should be something cial Services, and of Mona Perdue that could go in school libraries, something share in a special White House cere- that young hamburger-flippers could stum- Jones. I extend to Dorothy, to Karen mony praising Lorraine’s hard work ble across. and to Mona, my deepest condolences and dedication. President George W. ‘‘You can’t sit and read this book like a and I join with the Fairbanks commu- Bush, U.S. Secretary of Education Rod- novel,’’ he said. ‘‘The citations would start nity in extending my appreciation to ney Paige and many other lawmakers blending together. But if you pick out a few the late Chief Ralph Kriska Perdue for also commended Lorraine Johnson for citations at a time, they can really grip a job well done.∑ her accomplishments. you.’’ Lorraine Johnson of Newnan, GA, is The honor roll lists 47 Minnesotans, includ- f ing Dale Wayrynen of McGregor, who re- truly an outstanding educator. Not RECOGNIZING LORRAINE JOHNSON, ceived the medal posthumously for gallantry only is she an inspiration to Georgians, 2003 GEORGIA TEACHER OF THE in Vietnam. Ten of the Minnesotans were na- but she is an inspiration to all Ameri- YEAR tives of other countries: Germany, Austria, cans.∑ Norway, England, Ireland and Canada. ∑ Mr. MILLER. Mr. President, I would Proft’s favorite is the citation for like to pay tribute to Lorraine John- f Nathanial Gwynne, who was 15 and trying to son, Georgia’s 2003 Teacher of the Year HONORING BOB PROFT talk his way into the 13th Ohio Cavalry on and a finalist for National Teacher of July 30, 1864, at Petersburg, Va. When the ∑ Mr. COLEMAN. Mr. President, I ask the Year. unit charged a Confederate position, Gwynne that the following two tributes hon- This Coweta County seventh grade rode along. oring the life of the late Bob Proft—a The Yankees were forced to retreat, leav- teacher was selected as one of four fi- proud Minnesotan, respected author, ing their flag and battle standards. Young nalists for the National Teacher of the and brave World War II veteran—be Gwynne charged back along, gathered up the Year award by a panel made up of colors and—despite having an arm almost printed in the RECORD. members from 15 national education shot off—brought them back. The tributes follow. organizations. She attended a cere- ‘‘Somebody said, ‘That young man should mony yesterday at the White House [From the Star Tribune, Jan. 1996] get the Medal of Honor,’ ’’ Proft said. ‘‘Some- where the President recognized this A TRIBUTE TO HEROES body else said, ‘Yes, but we’d better get him (By Chuck Haga) mustered first.’ ’’ great achievement, and I was honored Since the medal was first presented in 1863, to be part of the audience. Fifty years ago, Congress awarded a Medal 3,420 have been awarded. Eighteen people re- Ms. Johnson has been an outstanding of Honor to Jimmy LaBelle, a 19-year-old ceived two medals. educator for over 18 years and has Marine from Columbia Heights and one of An award requires at least two witnesses, taught seventh-grade English and lan- Bob Proft’s best friends. and the action must involve ‘‘gallantry be- guage arts at Arnall Middle School in Proft, a B–17 radio operator during the yond the call of duty’’ and the risk of death. war, always wondered what his buddy had In 1916, a congressional panel reviewed Newnan, GA, for the past 8 years. This done to receive the country’s highest mili- past year, Ms. Johnson has been on a records of medals awarded to that point and tary decoration, but he could find no lists, rescinded 910, Proft said, because they didn’t sabbatical to travel across the State of no compilation of citations. meet those standards. Georgia giving speeches and con- So Proft published a book. Working out of Proft’s book includes the citation for Alvin ducting workshops for her peers at his sign-painter’s garage in Columbia York, of course, the conscientious objector other Georgia schools. Heights, he researched the history of the from Tennessee who became a World War I Ms. Johnson told a reporter recently medal, compiled lists of the recipients and hero. Gary Cooper portrayed him in the film that she hopes she can inspire other their citations—from the Civil War through ‘‘Sgt. York.’’ Vietnam—and in 1980 assembled an encyclo- teachers to have pride in their profes- And there are the stories of two living pedic document of more than 1,100 pages. Minnesotans who received the Medal of sion, and I think she is achieving that With co-publisher Mitch DeMars of Columbia Honor: Don Rudolph of Bovey, for actions in goal. Though her commitment and Heights, he brought out an updated edition the Philippines during World II, and Mike dedication to teaching she has influ- last year. Colalillo of Duluth, for actions against Ger- enced hundreds of students and made Now anybody can look up Jimmy LaBelle’s man forces near the end of the war in Eu- Georgia and our entire country a bet- name and find out just what he did before he rope. ter place.∑ died on March 8, 1945, on Iwo Jima. Proft’s labor was a good thing, said Ru- ∑ Mr. CHAMBLISS. Mr. President, I ‘‘I don’t think there’s anything else I’ve dolph, 74. ‘‘It gets it into the schools and the ever done that’s given me more satisfac- rise today to pay a special tribute to city libraries.’’ tion,’’ Proft said. The Veterans of Foreign Wars post in Lorraine Johnson of Newnan, GA. Lor- He is a fit man of 70, earnest in his cause Grand Rapids, Minn., bought 12 of the books raine Johnson is an outstanding Geor- but self-effacing when talking about his own for local schools and libraries, he said. gia educator. military service. ‘‘I didn’t do anything he- Rudolph has had his own copy of the book Lorraine Johnson was recently hon- roic whatsoever,’’ he said. signed by about 200 recipients of the medal. ored and recognized as one of four fi- But heroes matter to him. Today, only 184 recipients are living. nalists by President George W. Bush at ‘‘It bothers me that you can talk to young ‘‘I’ve read the citations of everybody in the the White House for the National people and they don’t even know what the book,’’ he said. Teacher of the Year award. Medal of Honor is,’’ he said. ‘‘They know His own citation tells of his actions Feb. 5, John Wayne. They know ‘Rambo.’ Real he- when his platoon had been pinned down at Top notch teachers, like Lorraine roes are forgotten.’’ Munoz, on Luzon: ‘‘While administering first Johnson, work day and night to make LaBelle was a soft-spoken, unassuming aid on the battlefield, he observed enemy fire a difference to our Nation’s young peo- teenager, ‘‘Just one of the guys growing up issuing from a nearby culvert. Crawling to ple as they prepare for their future. in the Heights,’’ Proft said. During high the culvert with rifle and grenades, he killed

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5647 three of the enemy concealed there. He then Avenue bridge. Now don’t get me wrong, I find this important because it shows a worked his way across open terrain toward a still don’t know if I should like this guy. But total and complete devotion to the dif- line of enemy pillboxes. . . .’’ my, my, how he can write! I’ll bet my den- ficult and selfless work she felt called He used grenades, a pick and his rifle to tures Reusse is a closet poet. Robert Brown- to do. It demonstrated her total com- put seven pillboxes out of commission. ing or Robert Service type, I don’t know.’’ ‘‘Later, when his platoon was attacked by an His love for holiday and tradition, spring mitment without thought of turning enemy tank, he advanced under covering and freedom and, above all, for family is ex- back. Former professors and college fire, climbed to the top of the tank and pressed in these letters some readers may friends say that her sense of calling to dropped a white phosphorous grenade have saved to savor: the field of missions was ‘‘crystal through the turret, destroying the crew.’’ ‘‘Contracted Christmas greeting: Ho!’’ clear.’’ They also said it was evident to Rudolph said he made it through all that ‘‘Sure signs autumn cometh: falling leaves, everyone around her that this clear without a scratch. long sleeves.’’ call to serve others empowered and mo- ‘‘I’ve said many times that I really don’t ‘‘Our nation is free. For that reason we tivated her even as a college freshman know why I did it or why I got the medal,’’ own everything we have to those we remem- he said. ‘‘But I knew I had to do it. Other- ber this day.’’ in 1963. wise we were going to lose more men.’’ ‘‘Any force at any time in any country Dr. Martha Myers’ ability to rise It was about a month later that LaBelle that can keep a loving father from a loving above personal interest in service of died on Iwo Jima. son for one second is a force of evil. A mob others goes far beyond what most peo- He was a private in the 5th Marine Divi- at any time in any country may have the ple can conceive. Dr. Mike Howell, her sion. On the night of March 8, as Japanese power to prevent a loving father from reach- former biology professor, summarized forces tried to break through American ing his loving son but it will never have the her life and commitment well in saying lines, a grenade landed in the foxhole that right.’’ ‘‘There aren’t many people willing to LaBelle shared with two other Marines. His Veterans Day letter made him dear to He shouted a warning, then fell on the gre- the editor: dedicate their life to people. That is nade, absorbing most if its impact with his ‘‘While it is fitting and proper that we the greatest calling of a Christian.’’ body. enjoy the fruits of our power and plenty, we While the world has lost a selfless ‘‘His dauntless courage, cool decision and must not forget those who destiny decreed servant, We may hope that the life of valiant spirit of self-sacrifice in the face of should pay that price. Today is Veterans Martha Myers will serve as an inspira- certain death reflect the highest credit on Day, set aside to commemorate that unique tion for others. It demonstrates that Pfc. LaBelle,’’ his posthumous citation fraternity. Please, you needn’t genuflect. religious faith can be the basis for a reads. Just give a knowing nod, and maybe a Medals of Honor awarded in major con- life dedicated to others, even if those smile.’’ served have a different religion. Dr. flicts: Civil War 1,520; Indian campaigns Proft enlisted in World War II and was (1861–1898) 428; Spanish-American War 109; training to fly bombers when peace came. Myers did not limit her patients to World War I 124; World War II 433; Korean His love for country was funneled into pub- Christians. She served all in need, and Conflict 131; Vietnam 239. Source: United lishing a 1,248-page book listing Medal of she never forced her views on anyone. States of America’s Congressional Medal of Honor Recipients and their official citations. In these days of terrorism and the Honor Recipients. Humility dictated that his initials, not his prospect of war, our world should think name, be on the cover. deeply about the well lived life of Dr. [From the Star Tribune, Apr. 13, 2003] The final letter from Proft, 78, arrived last Martha Myers. In such loving humility REMEMBERING A WRITER week. He died at home early Thursday morn- can come the seeds of a more peaceful ing after a short illness.∑ (By Lou Gelfand) world. Often he offered a touch of whimsy or a f Some may say that this senseless sweet bow to tradition, rarely a cheap shot HONORING DR. MARTHA MYERS murder proves that radicalism rules or a critical word. the day and that such acts can only be Those elements characterized the many ∑ Mr. SESSIONS. Mr. President, I rise dealt with by war. But, perhaps not. hundreds of letters submitted to the Star today to remember a selfless Amer- Tribune editorial page over the years by Bob Certainly, some radicalized terrorist, Proft, a retired Columbia Heights business ican, Dr. Martha Myers. Many know someone with a twisted view of their owner. Dr. Myers as one of the two Southern faith, can end a lifetime of work. Still, His short missives filled with expressive Baptist missionaries recently mur- such evil acts cannot erase the good words were an antidote to the stream of let- dered by extremists in Yemen. She rep- she has done. And, maybe, just maybe, ters to the editor exhorting the citizenry to resents the bests in missionary service. the thousands of poor, sick, and dying rise in anger and slay the dragon of the day. She was, by her aid to those in need, a that she treated and comforted will That he knew only one letter every 30 days demonstrated friend of the people of have a different view of the United could qualify for publication didn’t faze him. Yemen and in the end, she laid down His profundity could come in 14 words or States, a different view of the West, less, as when Americans began packing their her life for them. Greater love hath no and a different view of freedom and bags for Iraq: ‘‘Many things change from war one than this. Her death has touched faith as a result of her life well lived. to war, but never this: The goodbye kiss.’’ me deeply as it has touched many In that we can all take comfort.∑ His change of pace was delightful: ‘‘The worldwide. It has also, unfortunately, f media exclaimed recently that Princess heightened our concern for Christian Diana has been dead four years. That means missionaries throughout the world. JARISSE J. SANBORN, B.G. U.S. Mother Teresa has too. Ah, priorities.’’ Dr. Myers was educated in my home AIR FORCE That is not to say Proft had no passion. ∑ ‘‘We cannot abide a government of the peo- State of Alabama where she earned de- Ms. MURKOWSKI. Mr. President, I ple, by the lobbyists, for the privileged and grees from both Samford University rise today to honor a great Alaskan remain a bona-fide democracy. If this gov- and University of Alabama Medical upon the occasion of her promotion to ernment of We the People is not, in fact and School. The daughter of the State of Brigadier General in the United States spirit, of us and by us and for us, we are op- Alabama’s long time health officer, Dr. Air Force. erating with half-truths at best. And we are Ira Myers, she was educated and I am speaking of Jarisse J. Sanborn mocked by crafty hypocrites every time we trained as an obstetrician. Instead of who, on April 1, 2003, became the first are unctuously assured that we control this seeking monetary gain, like a modern active duty woman ever promoted to carefully designed system. In whatever man- ner and to whatever degree our representa- day Nehemiah she dedicated the rest of Brigadier General in the Judge Advo- tion is tainted, that is the manner and de- her life in selfless service to the indi- cate Corps of any armed service in this gree our government is a counterfeit of what gent families of Yemen. She spent 24 country. Upon her promotion, General our founding fathers created.’’ years as a medical missionary in Sanborn was assigned to U.S. Trans- He lost his fettle for sports, but not for col- Yemen ministering by example. Her portation Command and the Air Mobil- umnist Patrick Reusse. colleagues have stated that she often ity Command, where she serves as the ‘‘Older now, I seldom read the sports pages. slept in her office cubicle to save Staff Judge Advocate to both com- However, thumbing through, I can’t pass up money to give to poor families in com- Pat Reusse. For all the proper reasons I’m mands. attracted to that face. It just came to me he munities surrounding the hospital. General Sanborn, the daughter of a reminds me of New York’s Jimmy Breslin. I find it particularly telling that it career Navy officer, began her Air With that face Reusse had to be a sports- was her choice to be buried on the Force career after graduating Magna writer or some guy living under the Third grounds of the hospital in Yemen. I Cum Laude from Randolph-Macon

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5648 CONGRESSIONAL RECORD — SENATE May 1, 2003 Woman’s College in Virginia. After MESSAGES FROM THE PRESIDENT S. 14. A bill to enhance the energy security of the United States, and for other purposes. serving as a squadron and wing execu- Messages from the President of the tive officer, she was selected for the United States were communicated to f Air Force-funded legal education pro- the Senate by Mr. Williams, one of his EXECUTIVE AND OTHER gram, graduating from Creighton Law secretaries. COMMUNICATIONS School in Omaha, NE, again Magna Cum Laude. She is also a graduate of f The following communications were the National War College. EXECUTIVE MESSAGES REFERRED laid before the Senate, together with accompanying papers, reports, and doc- General Sanborn has had a distin- As in executive session the Presiding uments, and were referred as indicated: guished legal career, including her Officer laid before the Senate messages most recent assignment as the Staff from the President of the United EC–2046. A communication from the Acting Judge Advocate for the North Amer- Principal Deputy Associate Administrator, States submitting sundry nominations ican Aerospace Defense Command, bet- Environmental Protection Agency, transmit- which were referred to the appropriate ter known by its acronym NORAD, and ting, pursuant to the law, the report of rule committees. U.S. Northern Command, the newly entitled ‘‘Approval and Promulgation of Air (The nominations received today are created unified command responsible Quality Implementation Plans and Designa- printed at the end of the Senate pro- tion of Areas for Air Quality Planning Pur- for the homeland defense of the United ceedings.) poses; Wisconsin (FRL 7484–2)’’ received on States. General Sanborn also has been April 16, 2003; to the Committee on Environ- f the Staff Judge Advocate for U.S. ment and Public Works. Space Command, Air Force Space Com- MESSAGE FROM THE HOUSE EC–2047. A communication from the Acting mand, and Alaska Command. Principal Deputy Associate Administrator, At 12:36 p.m., a message from the From her time as head of Alaska Environmental Protection Agency, transmit- Command at Fort Richardson in An- House of Representatives, delivered by ting, pursuant to the law, the report of rule chorage, she remains a resident of Ms. Niland, one of its reading clerks, entitled ‘‘Approval and Promulgation of Air Alaska, where she and her husband Al announced that the House has passed Quality Implementation Plans; District of still own a home in Eagle River. They the following bill, in which it requests Columbia; Maryland, Virginia; Post 1996 Rate-of-Progress Plans; and One-Hour Ozone have two sons: Tyler and John. the concurrence of the Senate: H.R. 1350. An act to reauthorize the Indi- Attainment Demonstrations (FRL 7484–6)’’ Brigadier General Sanborn is a vet- received on April 16, 2003 eran of Operation Desert Storm, where viduals with Disabilities Education Act, and for other purposes. EC–2048. A communication from the Acting she earned the Bronze Star as the Staff Principal Deputy Associate Administrator, Judge Advocate for the Fourth Fighter The message also announced that Environmental Protection Agency, transmit- Wing deployed to Oman and Saudi Ara- pursuant to section 1238(b)(3) of the ting, pursuant to the law, the report of rule bia. Floyd D. Spence National Defense Au- entitled ‘‘Approval and Promulgation of Im- Now, at a time when women are mak- thorization Act for Fiscal Year 2001 plementation Plans; Louisiana: Revision to ing such important contributions to (Public Law 106–398), the Minority the Ozone Maintenance Plans for Beau- our efforts in Iraq, it’s very appro- Leader reappoints the following indi- regard, St. Mary, Lafayette, and Grant Par- ishes and the New Orleans Consolidated Met- priate that we recognize the success of viduals to the United States-China Se- ropolitan Statistical Area (FRL 7485–6)’’ re- this fine officer. It is also appropriate curity Review Commission: Mr. George ceived on April 16, 2003; to the Committee on that we celebrate this important step Becker of Pennsylvania, for a term to Environment and Public Works. for all women in the military. General expire on December 31, 2005 and Mr. Mi- EC–2049. A communication from the Acting Sanborn truly makes all Americans chael Wessel of Virginia, for a term to Principal Deputy Associate Administrator, proud of the capabilities and accom- expire on December 31, 2004. Environmental Protection Agency, transmit- plishments of our Armed Forces.∑ The message further announced that ting, pursuant to the law, the report of rule pursuant to 40 U.S.C. 188a(b)(2), Mr. entitled ‘‘Approval and Promulgation of f State Implementation Plans, and Designa- Vernon J. Ehlers, Vice-chairman of the MASSACHUSETTS STATE TROOPER tion of Areas for Air Quality Planning Pur- Joint Committee of the Library ap- SCOTT MCDONALD poses; California—Coachella Valley (FRL points the following Member of the ∑ 7473–4)’’ received on April 16, 2003; to the Mr. KENNEDY. Mr. President, I pay House of Representatives as his des- Committee on Environment and Public tribute to one of Massachusetts’ finest ignee to the Capitol Preservation Com- Works. law enforcement officers—Massachu- mission: Mr. John Mica of Florida. EC–2050. A communication from the Acting setts State Trooper Scott McDonald. Principal Deputy Associate Administrator, f Recently, Trooper McDonald was hon- Environmental Protection Agency, transmit- ored by the Massachusetts State Police ENROLLED BILL SIGNED ting, pursuant to the law, the report of rule with a Medal of Lifesaving, awarded to entitled ‘‘Approval and Promulgation of The message also announced that the State Implementation Plans; California— bestow recognition upon troopers who Speaker has signed the following en- undertake significant actions in the South Coast (FRL 7473–3)’’ received on April rolled bill: 16, 2003; to the Committee on Environment saving of another life. S. 162. An act to provide for the use and and Public Works. On August 4, 2002, Trooper Scott distribution of certain funds awarded to the EC–2051. A communication from the Acting McDonald was on patrol when he was Gila River Pima-Maricopa Indian commu- Principal Deputy Associate Administrator, dispatched to a motor vehicle accident nity, and for other purposes. Environmental Protection Agency, transmit- in the town of Deerfield. Upon arrival, f ting, pursuant to the law, the report of rule he observed a truck overturned on the entitled ‘‘Clean Air Act Approval of Oper- road. As the driver was without a pulse MEASURE REFERRED ating Permits Program Revision; District of and not breathing, he immediately The following bill was read the first Columbia (FRL 7483–6 )’’ received on April 16, began CPR. While a passing motorist 2003; to the Committee on Environment and and the second times by unanimous Public Works. stopped, identified herself as a doctor consent, and referred as indicated: EC–2052. A communication from the Acting and said she would pronounce the vic- H.R. 1350. An act to reauthorize the Indi- Principal Deputy Associate Administrator, tim dead, Scott continued lifesaving ef- viduals with Disabilities Education Act, and Environmental Protection Agency, transmit- forts. Amazingly, the driver was ulti- for other purposes; to the Committee on ting, pursuant to the law, the report of rule mately revived and flown to Baystate Health, Education, Labor, and Pensions. entitled ‘‘Oil Pollution Prevention and Re- Medical Center in Springfield. f sponse; Non-Transportation-Related Onshore Trooper McDonald is a fine example and Offshore Facilities (FRL 7484–7)’’ re- of the Commonwealth’s outstanding MEASURES PLACED ON THE ceived on April 16, 2003; to the Committee on first responder community. I rise to CALENDAR Environment and Public Works. join the Massachusetts State Police, The following bill and joint resolu- EC–2053. A communication from the Acting Principal Deputy Associate Administrator, the City of Holyoke, and Scott’s family tion were read the second time, and Environmental Protection Agency, transmit- and friends in honoring a great Amer- placed on the calendar: ting, pursuant to the law, the report of rule ican, Massachusetts State Trooper H.J. Res. 51. Joint resolution increasing entitled ‘‘Texas: Final Authorization of Stat- Scott McDonald.∑ the statutory limit on the public debt. en Hazardous Waste Management Program

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A communication from the Acting Principal Deputy Associate Administrator, entitled ‘‘Approval and Promulgation of Im- Principal Deputy Associate Administrator, Environmental Protection Agency, transmit- plementation Plans Florida: Revision to Environmental Protection Agency, transmit- ting, pursuant to the law, the report of rule Jacksonville, Florida Ozone Air Quality ting, pursuant to the law, the report of a entitled ‘‘Approval and Promulgation of the Maintenance Plan (FRL 7486–7)’’ received on document entitled ‘‘Guidance on Generation State Air Quality Plans for Designated Fa- April 23, 2003; to the Committee on Environ- and Submission of Grandfathered cilities and Pollutants, State of West Vir- ment and Public Works. Cryptosporidium Data for Bin Classification ginia; Control of Emissions from Commercial EC–2064. A communication from the Acting Under the Long Term 2 Enhanced Surface and Industrial Solid Waste Incinerator Units Principal Deputy Associate Administrator, Water Treatment Rule’’ received on April 23, (FRL 7479–9)’’ received on April 11, 2003; to Environmental Protection Agency, transmit- 2003; to the Committee on Environment and the Committee on Environment and Public ting, pursuant to the law, the report of rule Public Works. Works. entitled ‘‘Approval and Promulgation of Im- EC–2074. A communication from the Acting EC–2055. A communication from the Acting plementation Plans to the Alabama State Principal Deputy Associate Administrator, Environmental Protection Agency, transmit- Principal Deputy Associate Administrator, Implementation Plan (FRL 7487–1)’’ received ting, pursuant to the law, the report of a Environmental Protection Agency, transmit- on April 23, 2003; to the Committee on Envi- document entitled ‘‘Ozone Transport: Pro- ting, pursuant to the law, the report of rule ronment and Public Works. posed Rule Revision: Fact Sheet’’ received entitled ‘‘Approval and Promulgation of EC–2065. A communication from the Acting on April 23, 2003; to the Committee on Envi- State Plan for Designated Facilities and Pol- Principal Deputy Associate Administrator, ronment and Public Works. lutants Florida (FRL 7481–8)’’ received on Environmental Protection Agency, transmit- April 11, 2003; to the Committee on Environ- EC–2075. A communication from the Acting ting, pursuant to the law, the report of rule Principal Deputy Associate Administrator, ment and Public Works. entitled ‘‘Approval and Promulgation of EC–2056. A communication from the Acting Environmental Protection Agency, transmit- State Implementation Plans; Prevention of ting, pursuant to the law, the report of a Principal Deputy Associate Administrator, Significant Deterioration (PSD); Idaho and Environmental Protection Agency, transmit- document entitled ‘‘Small Entity Compli- Oregon (FRL 7487–2)’’ received on April 23, ance Guide for the Tier 2/Gasoline Sulfur ting, pursuant to the law, the report of rule 2003; to the Committee on Environment and entitled ‘‘Control of Emissions From New Final Rule (EPA420–B–03–005)’’ received on Public Works. Nonroad Diesel Engines: Amendments to the April 23, 2003; to the Committee on Environ- EC–2066. A communication from the Acting ment and Public Works. Nonroad Engine Definition (FRL 7482–1)’’ re- Principal Deputy Associate Administrator, ceived on April 11, 2003; to the Committee on EC–2076. A communication from the Acting Environmental Protection Agency, transmit- Principal Deputy Associate Administrator, Environment and Public Works. ting, pursuant to the law, the report of rule EC–2057. A communication from the Acting Environmental Protection Agency, transmit- entitled ‘‘Guidance on Awarding Section 319 Principal Deputy Associate Administrator, ting, pursuant to the law, the report of a Grant to Indian Tribes in FY 2003’’ received Environmental Protection Agency, transmit- document entitled ‘‘Use of CERCLA Section on April 23, 2003; to the Committee on Envi- ting, pursuant to the law, the report of rule 114(c) Service Station Dealers Exemption’’ ronment and Public Works. entitled ‘‘Nebraska: Final Authorization of received on April 23, 2003; to the Committee EC–2067. A communication from the Acting State Hazardous Waste Management Pro- on Environment and Public Works. Principal Deputy Associate Administrator, EC–2077. A communication from the Acting gram Revision (FRL 7480–9)’’ received on Environmental Protection Agency, transmit- Principal Deputy Associate Administrator, April 11, 2003; to the Committee on Environ- ting, pursuant to the law, the report of rule Environmental Protection Agency, transmit- ment and Public Works. ting, pursuant to the law, the report of a EC–2058. A communication from the Acting entitled ‘‘Minnesota: Final Authorization of document entitled ‘‘Revised Guidance Man- Principal Deputy Associate Administrator, State Hazardous Waste Management Pro- ual for Selecting Lead and Copper Control Environmental Protection Agency, transmit- gram Revision (FRL 7486–4)’’ received on Strategies’’ received on April 23, 2003; to the ting, pursuant to the law, the report of rule April 23, 2003; to the Committee on Environ- Committee on Environment and Public entitled ‘‘Oklahoma: Final Authorization of ment and Public Works. Works. State Hazardous Waste Management Pro- EC–2068. A communication from the Acting Principal Deputy Associate Administrator, EC–2078. A communication from the Chair- gram Revisions (FRL 7479–1)’’ received on man, Nuclear Regulatory Commission, trans- April 11, 2003; to the Committee on Environ- Environmental Protection Agency, transmit- ting, pursuant to the law, the report of a mitting, pursuant to the law, the ‘‘Report to ment and Public Works. Congress on Abnormal Occurrences, Fiscal EC–2059. A communication from the Acting document entitled ‘‘Chemical Specification of PM2.5 in urban and Rural Areas: Back- Year 2002’’ received on April 11, 2003; to the Principal Deputy Associate Administrator, Committee on Environment and Public Environmental Protection Agency, transmit- ground Information’’ received on April 11, 2003; to the Committee on Environment and Works. ting, pursuant to the law, the report of rule EC–2079. A communication from the Chair- Public Works. entitled ‘‘Tennessee: Final Authorization of man, Nuclear Regulatory Commission, trans- State Hazardous Waste Management Pro- EC–2069. A communication from the Acting Principal Deputy Associate Administrator, mitting, pursuant to the law, the report en- gram Revision (FRL 7478–5)’’ received on titled ‘‘Monthly Status Report on the Li- Environmental Protection Agency, transmit- April 11, 2003; to the Committee on Environ- censing Activities and Regulatory Duties of ting, pursuant to the law, the report of a ment and Public Works. the United States Nuclear Regulatory Com- document entitled ‘‘National Air Quality EC–2060. A communication from the Acting mission, January 2003’’ received on April 22, Standards for Fine Particles: Guidance for Principal Deputy Associate Administrator, 2003; to the Committee on Environment and Environmental Protection Agency, transmit- Designating Areas’’ received on April 11, Public Works. ting, pursuant to the law, the report of rule 2003; to the Committee on Environment and EC–2080. A communication from the Acting entitled ‘‘Texas: Final Authorization of Public Works. Chair, Federal Subsistence Board, Fish and State Hazardous Waste Management Pro- EC–2070. A communication from the Acting Wildlife Service, Department of the Interior, gram Revisions (FRL 7482–3)’’ received on Principal Deputy Associate Administrator, transmitting, pursuant to law, the report of April 11, 2003; to the Committee on Environ- Environmental Protection Agency, transmit- rule entitled ‘‘Subsistence Management Reg- ment and Public Works. ting, pursuant to the law, the report of a ulations for Public Lands in Alaska, Subpart EC–2061. A communication from the Acting document entitled ‘‘National Air Quality D—Subsistence Taking of Fish, Customary Principal Deputy Associate Administrator, Standards for Fine Particles Guidance for Trade (1018–AI31)’’ received on April 23, 2003; Environmental Protection Agency, transmit- Designating Areas’’ received on April 11, to the Committee on Environment and Pub- ting, pursuant to the law, the report of rule 2003; to the Committee on Environment and lic Works. entitled ‘‘Utah: Final Authorization of State Public Works. EC–2081. A communication from the Acting Hazardous Waste Management Program Re- EC–2071. A communication from the Acting General Counsel, Department of Homeland vision (FRL 7480–6)’’ received on April 11, Principal Deputy Associate Administrator, Security, transmitting, pursuant to the law, 2003; to the Committee on Environment and Environmental Protection Agency, transmit- the report of a rule entitled ‘‘Assistance to Public Works. ting, pursuant to the law, the report of a Firefighters Grant Program 68 FR 12544 EC–2062. A communication from the Acting document entitled ‘‘National Air Quality (3067–AD21)’’ received on April 16, 2003; to the Principal Deputy Associate Administrator, Standards for Fine Particles Guidance for Committee on Environment and Public Environmental Protection Agency, transmit- Designating Areas’’ received on April 11, Works. ting, pursuant to the law, the report of rule 2003; to the Committee on Environment and EC–2082. A communication from the Direc- entitled ‘‘Notice of Withdrawal of October 2, Public Works. tor, Office of Congressional Affairs, Office of 2003, Attainment Date Extension, Deter- EC–2072. A communication from the Acting the General Counsel, Nuclear Regulatory mination of Nonattainment as November 15, Principal Deputy Associate Administrator, Commission, transmitting, pursuant to the 1999, and Reclassification of the Baton Rouge Environmental Protection Agency, transmit- law, the report of a rule entitled ‘‘Avail- Ozone Nonattainment Area (FRL 7487–4)’’ re- ting, pursuant to the law, the report of a ability of Official Records (3150–AC07)’’ re- ceived on April 23, 2003; to the Committee on document entitled ‘‘Stationary Gas Tur- ceived on April 22, 2003; to the Committee on Environment and Public Works. bines: Proposed Amendments to Air Toxics Environment and Public Works.

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EC–2083. A communication from the Direc- Adam Noel Torres, of California, to be CORZINE, Mr. SCHUMER, Mrs. CLINTON, tor, Office of Congressional Affairs, Office of United States Marshal for the Central Dis- and Mr. DAYTON): Nuclear Material Safety and Safeguards Nu- trict of California for the term of four years. S. 971. A bill to amend title XIX of the So- clear Regulatory Commission, transmitting, (Nominations without an asterisk cial Security Act to provide individuals with pursuant to the law, the report of a rule enti- were reported with the recommenda- disabilities and older Americans with equal tled ‘‘Medical Use of Byproduct Material: tion that they be confirmed.) access to community-based attendant serv- Clarifying and Minor Amendments (10 CFR ices and supports, and for other purposes; to Part 35) (RIN3150–AH08)’’ received on April f the Committee on Finance. 22, 2003; to the Committee on Environment INTRODUCTION OF BILLS AND By Mr. COLEMAN: and Public Works. S. 972. A bill to clarify the authority of EC–2084. A communication from the Under JOINT RESOLUTIONS States to establish conditions for insurers to Secretary of Defense, Comptroller, transmit- The following bills and joint resolu- conduct the business of insurance within a ting, pursuant to the law, the report of a vio- tions were introduced, read the first State based on the provision of information lation of the Antideficiency Act by the De- and second times by unanimous con- regarding Holocaust era insurance policies of partment of the Navy, case no. 02–04, total- sent, and referred as indicated: the insurer, to establish a Federal cause of ing $2,763,000; to the Committee on Appro- action for claims for payment of such insur- priations. By Mr. REID (for himself, Mr. CHAFEE, ance policies, and for other purposes; to the EC–2085. A communication from the Under Mr. CORZINE, Mr. SARBANES, and Mr. Committee on the Judiciary. Secretary of Defense, Comptroller, transmit- LIEBERMAN): By Mr. NICKLES (for himself and Mr. ting, pursuant to the law, the report of a vio- S. 965. A bill to require the Secretary of BREAUX): lation of the Antideficiency Act by the De- the Interior to implement the final rule to partment of the Navy, case no. 00–03, total- phase out snowmobile use in Yellowstone S. 973. A bill to amend the Internal Rev- ing $1,629,233.61; to the Committee on Appro- National Park, John D. Rockefeller Jr. Me- enue Code of 1986 to provide a shorter recov- priations. morial Parkway, and Grand Teton National ery period for the depreciation of certain res- EC–2086. A communication from the Presi- Park, and snowplane use in Grand Teton Na- taurant buildings; to the Committee on Fi- dent of the United States, transmitting, pur- tional Park; to the Committee on Energy nance. suant to law, the report that provides ‘‘the and Natural Resources. By Mr. SPECTER (for himself and Mr. aggregate number, locations, activities, and By Mr. KENNEDY (for himself, Mr. SANTORUM): lengths of assignment for all temporary and SPECTER, Mr. DASCHLE, Mr. SMITH, S. 974. A bill to amend the Fair Labor permanent U.S. military personnel and U.S. Mr. LEAHY, Ms. COLLINS, Mr. LIEBER- Standards Act of 1938 to permit certain individual civilians retained as contractors MAN, Ms. SNOWE, Mr. WYDEN, Mr. youth to perform certain work with wood involved in the antinarcotics campaign in JEFFORDS, Mr. SCHUMER, Mr. CHAFEE, products ; to the Committee on Health, Edu- Colombia’’ received on April 25, 2003; to the Mr. AKAKA, Mr. ENSIGN, Mr. BAYH, cation, Labor, and Pensions. Committee on Appropriations. Mr. BIDEN, Mr. BINGAMAN, Mrs. By Mr. SPECTER (for himself and Mr. OXER REAUX ANTWELL EC–2087. A communication from the Assist- B , Mr. B , Ms. C , SANTORUM): Mr. CARPER, Mrs. CLINTON, Mr. ant Chief Counsel, Maritime Administration, S. 975. A bill to revise eligibility require- CORZINE, Mr. DAYTON, Mr. DODD, Mr. Department of Transportation, transmitting, ments applicable to essential air service sub- DORGAN, Mr. DURBIN, Mr. EDWARDS, pursuant to law, the report of a rule entitled sidies; to the Committee on Commerce, Mrs. FEINSTEIN, Mr. GRAHAM of Flor- ‘‘Administrative Waivers of the Coastwise Science, and Transportation. ida, Mr. HARKIN, Mr. INOUYE, Mr. Trade Laws for Eligible Vessels (2133–AB49)’’ By Mr. WARNER (for himself and Mr. JOHNSON, Mr. KERRY, Ms. LANDRIEU, received on April 28, 2003; to the Committee ALLEN): on Commerce, Science, and Transportation. Mr. LEVIN, Mrs. LINCOLN, Ms. MIKUL- S. 976. A bill to provide for the issuance of EC–2088. A communication from the Senior SKI, Mr. MILLER, Mrs. MURRAY, Mr. a coin to commemorate the 400th anniver- Attorney, National Highway Traffic Safety NELSON of Nebraska, Mr. NELSON of sary of the Jamestown settlement; to the Administration, Department of Transpor- Florida, Mr. REED, Mr. REID, Mr. Committee on Banking, Housing, and Urban tation, transmitting, pursuant to law, the re- ROCKEFELLER, Mr. SARBANES, Ms. Affairs. port of a rule entitled ‘‘Reporting of Infor- STABENOW, Mr. LAUTENBERG, and Mr. By Mr. FITZGERALD (for himself, Mr. mation and Documents about potential De- PRYOR): KENNEDY, and Ms. SNOWE): fects; Defect & Noncompliance Reports (2127– S. 966. A bill to provide Federal assistance AI92)’’ received on April 28, 2003; to the Com- to States and local jurisdictions to prosecute S. 977. A bill to amend the Public Health mittee on Commerce, Science, and Transpor- hate crimes; to the Committee on the Judici- Service Act, the Employee Retirement In- tation. ary. come Security Act of 1974, and the Internal By Mr. SCHUMER: Revenue Code of 1986 to require that group f S. 967. A bill to require the Secretary of and individual health insurance coverage and REPORTS OF COMMITTEES Veterans Affairs to replace with a more equi- group health plans provide coverage from table formula the current formula, known as treatment of a minor child’s congenital or The following reports of committees the Veterans Equitable Resource Allocation developmental deformity or disorder due to were submitted: (VERA), for the allocation of funds appro- trauma, infection, tumor, or disease; to the By Mr. HATCH, from the Committee on priated to the Department of Veterans Af- Committee on Health, Education, Labor, and the Judiciary, without amendment and with fairs for medical care to different geographic Pensions. a preamble: regions of the Nation, and for other purposes; By Mr. SCHUMER: S. Res. 75. A resolution commemorating to the Committee on Veterans’ Affairs. S. 978. A bill to amend title 38, United and acknowledging the dedication and sac- By Mr. SESSIONS: States Code, to provide housing loan benefits S. 968. A bill to amend the Internal Rev- rifice made by the men and women who have for the purchase of residential cooperative enue Code of 1986 to provide capital gain lost their lives while serving as law enforce- apartment units; to the Committee on Vet- treatment under section 631(b) of such Code ment officers. erans’ Affairs . for outright sales of timber by landowners; S. Con. Res. 15. A concurrent resolution By Mr. ENSIGN (for himself, Mrs. to the Committee on Finance. commemorating the 140th anniversary of the BOXER, Ms. CANTWELL, Mr. CRAPO, By Mr. LAUTENBERG (for himself, issuance of the Emancipation Proclamation. Mr. CRAIG, Mr. ALLEN, Mrs. MURRAY, Mr. KENNEDY, Mr. CORZINE, and Mr. f Mrs. FEINSTEIN, Mr. REID, Mr. REED): ALLARD, Mr. BURNS, Mr. WARNER, Mr. EXECUTIVE REPORTS OF S. 969. A bill to enhance the security and BENNETT, Mr. SMITH, Ms. STABENOW, safety of the Nation by increasing the time COMMITTEES and Mr. COLEMAN): allowed to track terrorists during periods of The following executive reports of elevated alert, closing loopholes that have S. 979. A bill to direct the Securities and committees were submitted: allowed terrorists to acquire firearms, main- Exchange Commission to require enhanced By Mr. MCCAIN for the Committee on taining records of certain handgun transfers disclosures of employee stock options, to re- Commerce, Science, and Transportation. during periods of heightened terrorist risk, quire a study on the economic impact of Coast Guard nomination of Lewis J. Buck- and for other purposes; to the Committee on broad-based employee stock option plans, ley. the Judiciary. and for other purposes; to the Committee on By Mr. HATCH for the Committee on the By Mr. HOLLINGS: Banking, Housing, and Urban Affairs. Judiciary. S. 970. A bill to amend the Internal Rev- By Mr. GRAHAM of South Carolina J. Leon Holmes, of Arkansas, to be United enue Code of 1986 to preserve jobs and pro- (for himself and Mr. MILLER): States District Judge for the Eastern Dis- duction activities in the United States; to S. 980. A bill to conduct a study on the ef- trict of Arkansas. the Committee on Finance. fectiveness of ballistic imaging technology Patricia Head Minaldi, of Louisiana, to be By Mr. HARKIN (for himself, Mr. SPEC- and evaluate its effectiveness as a law en- United States District Judge for the Western TER, Mr. KENNEDY, Mr. COCHRAN, Mr. forcement tool; to the Committee on the Ju- District of Louisiana. BIDEN, Ms. LANDRIEU, Mr. KERRY, Mr. diciary.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5651 By Mrs. BOXER: ADDITIONAL COSPONSORS S. 379 S. 981. A bill to limit the period for which S. 13 At the request of Mr. BINGAMAN, the the Federal Government may procure prop- name of the Senator from Alaska (Ms. erty or services using noncompetitive proce- At the request of Mr. KYL, the names MURKOWSKI) was added as a cosponsor dures during emergency and urgent situa- of the Senator from Illinois (Mr. FITZ- tions; to the Committee on Governmental GERALD) and the Senator from Alabama of S. 379, a bill to amend title XVIII of Affairs. (Mr. SESSIONS) were added as cospon- the Social Security Act to improve the By Mrs. BOXER (for herself and Mr. sors of S. 13, a bill to provide financial medicare incentive payment program. SANTORUM): security to family farm and small busi- S. 392 S. 982. A bill to halt Syrian support for ter- ness owners while by ending the unfair At the request of Mr. REID, the name rorism, end its occupation of Lebanon, stop practice of taxing someone at death. its development of weapons of mass destruc- of the Senator from New Jersey (Mr. tion, cease its illegal importation of Iraqi S. 50 LAUTENBERG) was added as a cosponsor oil, and hold Syria accountable for its role in At the request of Mr. JOHNSON, the of S. 392, a bill to amend title 10, the Middle East, and for other purposes; to name of the Senator from New Jersey United States Code, to permit retired the Committee on Foreign Relations. (Mr. LAUTENBERG) was added as a co- members of the Armed Forces who By Mr. CHAFEE (for himself, Mr. REID, sponsor of S. 50, a bill to amend title have a service-connected disability to Mr. HATCH, Ms. MIKULSKI, Ms. COL- 38, United States Code, to provide for a receive both military retired pay by LINS, Mr. LEAHY, Mr. WARNER, Mr. guaranteed adequate level of funding reason of their years of military serv- KENNEDY, Mr. VOINOVICH, Mr. BIDEN, for veterans health care, and for other ice and disability compensation from Mr. ALLEN, Mrs. CLINTON, Mr. FITZ- GERALD, Mrs. MURRAY, Ms. SNOWE, purposes. the Department of Veterans Affairs for Mr. JOHNSON, Mr. FEINGOLD, Mrs. S. 55 their disability. FEINSTEIN, Mr. REED, and Mr. At the request of Mr. JOHNSON, the S. 518 CORZINE): name of the Senator from New Jersey At the request of Ms. COLLINS, the S. 983. A bill to amend the Public Health (Mr. LAUTENBERG) was added as a co- name of the Senator from Idaho (Mr. Service Act to authorize the Director of the sponsor of S. 55, a bill to amend title CRAIG) was added as a cosponsor of S. National Institute of Environmental Health 38, United States Code, to modify the Sciences to make grants for the development 518, a bill to increase the supply of pan- and operation of research centers regarding annual determination of the rate of the creatic islet cells for research, to pro- environmental factors that may be related basic benefit of active duty educational vide better coordination of Federal ef- to the etiology of breast cancer; to the Com- assistance under the Montgomery GI forts and information on islet cell mittee on Health, Education, Labor, and Bill, and for other purposes. transplantation, and to collect the Pensions. S. 146 data necessary to move islet cell trans- By Mr. BAUCUS: At the request of Mr. BUNNING, his plantation from an experimental proce- S. 984. A bill to direct the Secretary of the name was added as a cosponsor of S. Interior to evaluate opportunities to en- dure to a standard therapy. 146, a bill to amend titles 10 and 18, hance domestic oil and gas production S. 545 United States Code, to protect unborn through the exchange of nonproducing Fed- At the request of Mr. LOTT, his name victims of violence. eral oil and gas leases located in the Lewis was withdrawn as a cosponsor of S. 545, and Clark National Forest, in the Flathead S. 271 a bill to amend title I of the Employee National Forest, and on Bureau of Land At the request of Mr. SMITH, the Retirement Income Security Act of Management land in the State of Montana, name of the Senator from Kentucky and for other purposes; to the Committee on 1974 to improve access and choice for (Mr. BUNNING) was added as a cosponsor entrepreneurs with small businesses Energy and Natural Resources. of S. 271, a bill to amend the Internal By Mr. DODD (for himself, Ms. COL- with respect to medical care for their Revenue Code of 1986 to allow an addi- LINS, Mrs. CLINTON, Mr. CORZINE, Ms. employees. tional advance refunding of bonds CANTWELL, Mr. DURBIN, Mr. GRASS- S. 567 LEY, Mr. LEAHY, Ms. SNOWE, Mr. originally issued to finance govern- At the request of Ms. SNOWE, the REED, Mr. BIDEN, Mrs. FEINSTEIN, Mr. mental facilities used for essential gov- SCHUMER, Mr. LIEBERMAN, Mr. WAR- ernmental functions. name of the Senator from Maine (Ms. COLLINS) was added as a cosponsor of S. NER, Mr. JOHNSON, Mrs. MURRAY, Mr. S. 300 567, a bill to amend the Federal Water CARPER, Mr. KERRY, Mr. BAUCUS, Mr. At the request of Mr. KERRY, the REID, Mr. SARBANES, and Mr. JEF- names of the Senator from Montana Pollution Control Act to authorize ap- FORDS): propriations for sewer overflow control (Mr. BURNS), the Senator from Ohio S. 985. A bill to amend the Federal Law En- grants. forcement Pay Reform Act of 1990 to adjust (Mr. DEWINE), the Senator from Texas the percentage differentials payable to Fed- (Mrs. HUTCHISON) and the Senator from S. 589 eral law enforcement officers in certain North Carolina (Mr. EDWARDS) were At the request of Mr. AKAKA, the high-cost areas, and for other purposes; to added as cosponsors of S. 300, a bill to name of the Senator from Georgia (Mr. the Committee on Governmental Affairs. award a congressional gold medal to CHAMBLISS) was added as a cosponsor of f Jackie Robinson (posthumously), in S. 589, a bill to strengthen and improve recognition of his many contributions the management of national security, SUBMISSION OF CONCURRENT AND to the Nation, and to express the sense encourage Government service in areas SENATE RESOLUTIONS of Congress that there should be a na- of critical national security, and to as- The following concurrent resolutions tional day in recognition of Jackie sist government agencies in addressing and Senate resolutions were read, and Robinson. deficiencies in personnel possessing referred (or acted upon), as indicated: S. 300 specialized skills important to national By Mr. AKAKA (for himself, Mr. FITZ- At the request of Mr. MCCAIN, the security and incorporating the goals GERALD, Ms. COLLINS, Mr. LIEBERMAN, name of the Senator from Missouri and strategies for recruitment and re- Mr. VOINOVICH, Mr. DURBIN, Mr. (Mr. TALENT) was added as a cosponsor tention for such skilled personnel into COLEMAN, and Mr. LEVIN): of S. 300, supra. the strategic and performance manage- S. Res. 130. A resolution expressing the ment systems of Federal agencies. sense of the Senate that public servants S. 340 should be commended for their dedication At the request of Mr. BUNNING, the S. 595 and continued service to the Nation during name of the Senator from Pennsyl- At the request of Mr. HATCH, the Public Service Recognition Week; to the vania (Mr. SANTORUM) was added as a names of the Senator from Pennsyl- Committee on Governmental Affairs. cosponsor of S. 340, a bill to authorize vania (Mr. SANTORUM), the Senator By Mr. MILLER (for himself, Mr. the Secretary of Health and Human from Alabama (Mr. SESSIONS), the Sen- BURNS, Mr. WARNER, Mr. CHAMBLISS, Services to make grants to nonprofit ator from Idaho (Mr. CRAPO), the Sen- and Mr. ROBERTS): tax-exempt organizations for the pur- ator from Washington (Ms. CANTWELL), S. Res. 131. A resolution expressing the sense of the Senate that the President chase of ultrasound equipment to pro- the Senator from Ohio (Mr. VOINOVICH) should award the Presidential Medal of Free- vide free examinations to pregnant and the Senator from North Dakota dom to General Raymond G. Davis, USMC women needing such services, and for (Mr. DORGAN) were added as cosponsors (retired); to the Committee on the Judiciary. other purposes. of S. 595, a bill to amend the Internal

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5652 CONGRESSIONAL RECORD — SENATE May 1, 2003 Revenue Code of 1986 to repeal the re- through service in the Armed Forces of S. CON. RES. 33 quired use of certain principal repay- the United States. At the request of Mr. CRAIG, the ments on mortgage subsidy bond S. 874 name of the Senator from Michigan financings to redeem bonds, to modify At the request of Mr. TALENT, the (Mr. LEVIN) was added as a cosponsor of the purchase price limitation under names of the Senator from Colorado S. Con . Res. 33, a concurrent resolu- mortgage subsidy bond rules based on (Mr. CAMPBELL) and the Senator from tion expressing the sense of the Con- median family income, and for other North Carolina (Mrs. DOLE) were added gress regarding scleroderma. purposes. as cosponsors of S. 874, a bill to amend f S. 632 title XIX of the Social Security Act to STATEMENTS ON INTRODUCED At the request of Mr. CRAIG, the include primary and secondary pre- BILLS AND JOINT RESOLUTIONS ventative medical strategies for chil- names of the Senator from Nevada (Mr. By Mr. KENNEDY (for himself, ENSIGN), the Senator from South Da- dren and adults with Sickle Cell Dis- Mr. SPECTER, Mr. DASCHLE, Mr. kota (Mr. JOHNSON) and the Senator ease as medical assistance under the SMITH, Mr. LEAHY, Ms. COLLINS, from Michigan (Ms. STABENOW) were medicaid program, and for other pur- Mr. LIEBERMAN, Ms. SNOWE, Mr. added as cosponsors of S. 632, a bill to poses. WYDEN, Mr. JEFFORDS, Mr. amend title XVIII of the Social Secu- S. 877 SCHUMER, Mr. CHAFEE, Mr. rity Act to expand coverage of medical At the request of Mr. BURNS, the AKAKA, Mr. ENSIGN, Mr. BAYH, nutrition therapy services under the names of the Senator from South Da- Mr. BIDEN, Mr. BINGAMAN, Mrs. medicare program for beneficiaries kota (Mr. JOHNSON) and the Senator BOXER, Mr. BREAUX, Ms. CANT- with cardiovascular disease. from New Hampshire (Mr. GREGG) were WELL, Mr. CARPER, Mrs. CLIN- added as cosponsors of S. 877, a bill to S. 647 TON, Mr. CORZINE, Mr. DAYTON, regulate interstate commerce by im- At the request of Mr. KENNEDY, the Mr. DODD, Mr. DORGAN, Mr. posing limitations and penalties on the name of the Senator from West Vir- DURBIN, Mr. EDWARDS, Mrs. transmission of unsolicited commercial ginia (Mr. ROCKEFELLER) was added as FEINSTEIN, Mr. GRAHAM of Flor- electronic mail via the Internet. a cosponsor of S. 647, a bill to amend ida, Mr. HARKIN, Mr. INOUYE, S. 881 title 10, United States Code, to provide Mr. JOHNSON, Mr. KERRY, Ms. At the request of Mr. BINGAMAN, the for Department of Defense funding of LANDRIEU, Mr. LEVIN, Mrs. LIN- name of the Senator from North Caro- continuation of health benefits plan COLN, Ms. MIKULSKI, Mr. MIL- lina (Mrs. DOLE) was added as a cospon- coverage for certain Reserves called or LER, Mrs. MURRAY, Mr. NELSON sor of S. 881, a bill to amend title XVIII ordered to active duty and their de- of Nebraska, Mr. NELSON of of the Social Security Act to establish pendents, and for other purposes. Florida, Mr. REED, Mr. REID, a minimum geographic cost-of-practice S. 652 Mr. ROCKEFELLER, Mr. SAR- index value for physicians’ services fur- At the request of Mr. CHAFEE, the BANES, Ms. STABENOW, Mr. LAU- nished under the medicare program. names of the Senator from Michigan TENBERG, and Mr. PRYOR): S. 897 (Ms. STABENOW) and the Senator from S. 966. A bill to provide Federal as- At the request of Mr. CORNYN, the Maryland (Ms. MIKULSKI) were added as sistance to States and local jurisdic- cosponsors of S. 652, a bill to amend name of the Senator from Colorado tions to prosecute hate crimes; to the title XIX of the Social Security Act to (Mr. ALLARD) was added as a cosponsor Committee on the Judiciary. extend modifications to DSH allot- of S. 897, a bill to amend the Immigra- Mr. KENNEDY. Mr. President, it’s a ments provided under the Medicare, tion and Nationality Act to change the privilege to join my colleagues in in- Medicaid, and SCHIP Benefits Improve- requirements for naturalization troducing this legislation to combat ment and Protection Act of 2000. through service in the Armed Forces of hate crimes. Hate crimes are a viola- the United States, and for other pur- tion of all our country stands for. They S. 661 poses. send the poisonous message that some At the request of Mr. SCHUMER, the S. 922 Americans deserve to be victimized names of the Senator from Massachu- At the request of Mr. REID, the name solely because of who they are. Like setts (Mr. KERRY) and the Senator from of the Senator from New Jersey (Mr. acts of terrorism, hate crimes have an New Jersey (Mr. LAUTENBERG) were CORZINE) was added as a cosponsor of S. impact far greater than the impact on added as cosponsors of S. 661, a bill to 922, a bill to change the requirements the individual victims. They are crimes amend the Internal Revenue Code of for naturalization through service in against entire communities, against 1986 to equalize the exclusion from the Armed Forces of the United States, the whole Nation, and against the fun- gross income of parking and transpor- to extend naturalization benefits to damental ideals on which America was tation fringe benefits and to provide members of the Selected Reserve of the founded. As Attorney General Ashcroft for a common cost-of-living adjust- Ready Reserve of a reserve component has said, ‘‘Criminal acts of hate run ment, and for other purposes. of the Armed Forces, to extend post- counter to what is best in America— S. 764 humous benefits to surviving spouses, our belief in equality and freedom.’’ At the request of Mr. CAMPBELL, the children, and parents, and for other Although there was a significant overall reduction in violent crimes dur- name of the Senator from Wyoming purposes. ing the 1990s, the number of hate (Mr. THOMAS) was added as a cosponsor S. 939 of S. 764, a bill to extend the authoriza- crimes continued to grow. According to At the request of Mr. HAGEL, the the Federal Bureau of Investigation, tion of the Bulletproof Vest Partner- name of the Senator from Nebraska ship Grant Program. 9,730 hate crimes were reported in the (Mr. NELSON) was added as a cosponsor United States in 2001. That is over 26 S. 774 of S. 939, a bill to amend part B of the hate crimes a day, every day. More At the request of Ms. SNOWE, the Individuals with Disabilities Education than 83,000 hate crimes have been re- name of the Senator from Maine (Ms. Act to provide full Federal funding of ported since 1991. COLLINS) was added as a cosponsor of S. such part, to provide an exception to The need for an effective national re- 774, a bill to amend the Internal Rev- the local maintenance of effort require- sponse is as compelling as it has ever enue Code of 1986 to allow the use of ments, and for other purposes. been. Hate crimes against Arabs and completed contract method of account- S. 942 Muslims rose dramatically in the ing in the case of certain long-term At the request of Mr. BROWNBACK, the weeks following the September 11 ter- naval vessel construction contracts. name of the Senator from Nebraska rorist attacks. These hate crimes in- S. 789 (Mr. HAGEL) was added as a cosponsor cluded murder, beatings, arson, attacks At the request of Mr. NELSON of Flor- of S. 942 , a bill to amend title XVIII of on mosques, shootings, and other as- ida, the name of the Senator from Ne- the Social Security Act to provide for saults. In 2001, anti-Islamic incidents braska (Mr. NELSON) was added as a co- improvements in access to services in were the second highest-reported type sponsor of S. 789, a bill to change the rural hospitals and critical access hos- of hate crimes based on religion—sec- requirements for naturalization pitals. ond only to anti-Jewish hate crimes.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5653 Los Angeles and Chicago reported a fendant’s criminal conduct does not (2) Such violence disrupts the tranquility massive increase in the number of anti- violate the First Amendment. No one and safety of communities and is deeply divi- Arab and anti-Muslim crimes after 9/11. has a First Amendment right to com- sive. Hate crimes based on sexual orienta- (3) State and local authorities are now and mit a crime. will continue to be responsible for pros- tion continue to be a serious danger, A strong Federal role in prosecuting ecuting the overwhelming majority of vio- constituting 14 percent of all hate hate crimes is essential, because lent crimes in the United States, including crimes reported. crimes have an impact far greater than violent crimes motivated by bias. These au- Each person’s life is valuable, and their impact on individual victims. thorities can carry out their responsibilities even one life lost is too many. It is not Nevertheless, our bill fully respects the more effectively with greater Federal assist- the frequency of hate crimes alone that primary role of state and local law en- ance. makes these acts of violence so serious. forcement in responding to violent (4) Existing Federal law is inadequate to It is the terror and intimidation they address this problem. crime. The vast majority of hate (5) The prominent characteristic of a vio- inflict on the victims, their families, crimes will continue to be prosecuted lent crime motivated by bias is that it dev- their communities, and, in some cases, at the state and local level. The bill au- astates not just the actual victim and the the entire Nation. thorizes the Justice Department to as- family and friends of the victim, but fre- Congress cannot sit silent while this sist State and local authorities in hate quently savages the community sharing the hatred spreads. It is long past time for crimes cases, but it authorizes Federal traits that caused the victim to be selected. us to do more to end hate-motivated prosecutions only when a state does (6) Such violence substantially affects violence. The Local Law Enforcement interstate commerce in many ways, includ- not have jurisdiction, or when it asks ing— Enhancement Act will strengthen the the Federal Government to take juris- (A) by impeding the movement of members ability of Federal, State and local gov- diction, or when it fails to act against of targeted groups and forcing such members ernments to investigate and prosecute hate-motivated violence. In other to move across State lines to escape the inci- these vicious and senseless crimes. Our words, the bill establishes an appro- dence or risk of such violence; and legislation is supported by over 175 law priate back-up for State and local law (B) by preventing members of targeted enforcement, civil rights, civic, and re- enforcement, to deal with hate crimes groups from purchasing goods and services, obtaining or sustaining employment, or par- ligious organizations. in cases where states request assist- The current Federal law on hate ticipating in other commercial activity. ance, or cases that would not otherwise (7) Perpetrators cross State lines to com- crimes was passed soon after the assas- be effectively investigated and pros- mit such violence. sination of Dr. Martin Luther King Jr. ecuted. (8) Channels, facilities, and instrumental- Today, however, it is a generation out Working cooperatively, State, local ities of interstate commerce are used to fa- of date. It has two significant defi- and Federal law enforcement officials cilitate the commission of such violence. ciencies. It does not cover hate crimes have the best chance to bring the per- (9) Such violence is committed using arti- based on sexual orientation, gender, or cles that have traveled in interstate com- petrators of hate crimes to justice. merce. disability. And even in cases of hate Federal resources and expertise in the crimes based on race, religion, or eth- (10) For generations, the institutions of identification and proof of hate crimes slavery and involuntary servitude were de- nic background, it contains excessive can provide invaluable assistance to fined by the race, color, and ancestry of restrictions requiring proof that the state and local authorities without un- those held in bondage. Slavery and involun- victims were attacked because they dermining the traditional role of states tary servitude were enforced, both prior to were engaged in certain ‘‘federally pro- in prosecuting crimes. As Attorney and after the adoption of the 13th amend- tected activities.’’ General Ashcroft has said of current ment to the Constitution of the United States, through widespread public and pri- Our bill is designed to close these law, ‘‘Cooperation between federal substantial loopholes. It has six prin- vate violence directed at persons because of agents and local law enforcement offi- their race, color, or ancestry, or perceived cipal provisions: 1. It removes the ‘‘fed- cers and between Justice Department erally protected activity’’ barrier. 2. It race, color, or ancestry. Accordingly, elimi- prosecutors and local prosecutors has nating racially motivated violence is an im- adds sexual orientation, gender and been outstanding.’’ And it will con- portant means of eliminating, to the extent disability to the existing categories of tinue to be so, and be even more effec- possible, the badges, incidents, and relics of race, color, religion, and national ori- tive, when this legislation is enacted slavery and involuntary servitude. gin. 3. It protects State interests with into law. (11) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of a strict certification procedure that re- Now is the time for Congress to quires the Federal Government to con- the United States were adopted, and con- speak with one voice and insist that all tinuing to date, members of certain religious sult with local officials before bringing Americans will be guaranteed the equal a Federal case. 4. It offers federal as- and national origin groups were and are per- protection of the laws. Now is the time ceived to be distinct ‘‘races’’. Thus, in order sistance to State and local law enforce- to make combating hate crimes a high to eliminate, to the extent possible, the ment officials to investigate and pros- national priority. The Local Law En- badges, incidents, and relics of slavery, it is ecute heated crimes in any of the fed- forcement Enhancement Act is a need- necessary to prohibit assaults on the basis of eral categories. 5. It offers training ed response to a serious problem that real or perceived religions or national ori- gins, at least to the extent such religions or grants for local law enforcement. 6. It continues to plague the nation, and I amends the Federal Hate Crime Statis- national origins were regarded as races at urge the Senate to support it. the time of the adoption of the 13th, 14th, tics Act to add gender to the existing I ask unanimous consent that the categories of race, religion, ethnic and 15th amendments to the Constitution of text of the bill be printed in the the United States. background, sexual orientation, and RECORD. (12) Federal jurisdiction over certain vio- disability. There being no objection, the bill was lent crimes motivated by bias enables Fed- These much needed changes in cur- ordered to be printed in the RECORD, as eral, State, and local authorities to work to- rent law will help ensure that the De- follows: gether as partners in the investigation and partment of Justice has what it needs prosecution of such crimes. to combat the growing problem of S. 966 (13) The problem of crimes motivated by hate-motivated violence more effec- Be it enacted by the Senate and House of Rep- bias is sufficiently serious, widespread, and tively. resentatives of the United States of America in interstate in nature as to warrant Federal Nothing in the bill prohibits or pun- Congress assembled, assistance to States and local jurisdictions. SECTION 1. SHORT TITLE. SEC. 3. DEFINITION OF HATE CRIME. ishes speech, expression, or association In this Act, the term ‘‘hate crime’’ has the in any way—even ‘‘hate speech.’’ It ad- This Act may be cited as the ‘‘Local Law Enforcement Enhancement Act of 2003’’. same meaning as in section 280003(a) of the dresses only violent actions that result Violent Crime Control and Law Enforcement in death or injury. The Supreme Court SEC. 2. FINDINGS. Act of 1994 (28 U.S.C. 994 note). Congress makes the following findings: has ruled repeatedly—and as recently SEC. 4. SUPPORT FOR CRIMINAL INVESTIGA- (1) The incidence of violence motivated by as this year, in the cross-burning deci- TIONS AND PROSECUTIONS BY the actual or perceived race, color, religion, STATE AND LOCAL LAW ENFORCE- sion Virginia v. Black—that a hate national origin, gender, sexual orientation, MENT OFFICIALS. crimes statute that considers bias mo- or disability of the victim poses a serious na- (a) ASSISTANCE OTHER THAN FINANCIAL AS- tivation directly connected to a de- tional problem. SISTANCE.—

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(1) IN GENERAL.—At the request of a law en- (7) AUTHORIZATION OF APPROPRIATIONS.— sult of, the travel of the defendant or the forcement official of a State or Indian tribe, There is authorized to be appropriated to victim— the Attorney General may provide technical, carry out this subsection $5,000,000 for each ‘‘(I) across a State line or national border; forensic, prosecutorial, or any other form of of fiscal years 2004 and 2005. or assistance in the criminal investigation or SEC. 5. GRANT PROGRAM. ‘‘(II) using a channel, facility, or instru- prosecution of any crime that— (a) AUTHORITY TO MAKE GRANTS.—The Of- mentality of interstate or foreign commerce; (A) constitutes a crime of violence (as de- fice of Justice Programs of the Department ‘‘(ii) the defendant uses a channel, facility, fined in section 16 of title 18, United States of Justice shall award grants, in accordance or instrumentality of interstate or foreign Code); with such regulations as the Attorney Gen- commerce in connection with the conduct (B) constitutes a felony under the laws of eral may prescribe, to State and local pro- described in subparagraph (A); the State or Indian tribe; and grams designed to combat hate crimes com- ‘‘(iii) in connection with the conduct de- (C) is motivated by prejudice based on the mitted by juveniles, including programs to scribed in subparagraph (A), the defendant race, color, religion, national origin, gender, train local law enforcement officers in iden- employs a firearm, explosive or incendiary sexual orientation, or disability of the vic- tifying, investigating, prosecuting, and pre- device, or other weapon that has traveled in tim, or is a violation of the hate crime laws venting hate crimes. interstate or foreign commerce; or of the State or Indian tribe. (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iv) the conduct described in subpara- (2) PRIORITY.—In providing assistance There are authorized to be appropriated such graph (A)— under paragraph (1), the Attorney General sums as may be necessary to carry out this ‘‘(I) interferes with commercial or other shall give priority to crimes committed by section. economic activity in which the victim is en- offenders who have committed crimes in SEC. 6. AUTHORIZATION FOR ADDITIONAL PER- gaged at the time of the conduct; or more than 1 State and to rural jurisdictions SONNEL TO ASSIST STATE AND ‘‘(II) otherwise affects interstate or foreign LOCAL LAW ENFORCEMENT. that have difficulty covering the extraor- commerce. dinary expenses relating to the investigation There are authorized to be appropriated to the Department of the Treasury and the De- ‘‘(b) CERTIFICATION REQUIREMENT.—No or prosecution of the crime. prosecution of any offense described in this (b) GRANTS.— partment of Justice, including the Commu- nity Relations Service, for fiscal years 2004, subsection may be undertaken by the United (1) IN GENERAL.—The Attorney General States, except under the certification in may award grants to assist State, local, and 2005, and 2006 such sums as are necessary to increase the number of personnel to prevent writing of the Attorney General, the Deputy Indian law enforcement officials with the ex- Attorney General, the Associate Attorney traordinary expenses associated with the in- and respond to alleged violations of section 249 of title 18, United States Code, as added General, or any Assistant Attorney General vestigation and prosecution of hate crimes. specially designated by the Attorney General (2) OFFICE OF JUSTICE PROGRAMS.—In imple- by section 7. that— menting the grant program, the Office of SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ‘‘(1) he or she has reasonable cause to be- Justice Programs shall work closely with ACTS. lieve that the actual or perceived race, color, the funded jurisdictions to ensure that the (a) IN GENERAL.—Chapter 13 of title 18, religion, national origin, gender, sexual ori- concerns and needs of all affected parties, in- United States Code, is amended by adding at entation, or disability of any person was a cluding community groups and schools, col- the end the following: motivating factor underlying the alleged leges, and universities, are addressed ‘‘§ 249. Hate crime acts conduct of the defendant; and through the local infrastructure developed ‘‘(a) IN GENERAL.— ‘‘(2) he or his designee or she or her des- under the grants. ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- ignee has consulted with State or local law (3) APPLICATION.— CEIVED RACE, COLOR, RELIGION, OR NATIONAL enforcement officials regarding the prosecu- (A) IN GENERAL.—Each State that desires a ORIGIN.—Whoever, whether or not acting grant under this subsection shall submit an under color of law, willfully causes bodily in- tion and determined that— application to the Attorney General at such jury to any person or, through the use of ‘‘(A) the State does not have jurisdiction time, in such manner, and accompanied by fire, a firearm, or an explosive or incendiary or does not intend to exercise jurisdiction; or containing such information as the Attor- device, attempts to cause bodily injury to ‘‘(B) the State has requested that the Fed- ney General shall reasonably require. any person, because of the actual or per- eral Government assume jurisdiction; (B) DATE FOR SUBMISSION.—Applications ceived race, color, religion, or national ori- ‘‘(C) the State does not object to the Fed- submitted pursuant to subparagraph (A) gin of any person— eral Government assuming jurisdiction; or shall be submitted during the 60-day period ‘‘(A) shall be imprisoned not more than 10 ‘‘(D) the verdict or sentence obtained pur- beginning on a date that the Attorney Gen- years, fined in accordance with this title, or suant to State charges left demonstratively eral shall prescribe. both; and unvindicated the Federal interest in eradi- (C) REQUIREMENTS.—A State or political ‘‘(B) shall be imprisoned for any term of cating bias-motivated violence. subdivision of a State or tribal official ap- years or for life, fined in accordance with ‘‘(c) DEFINITIONS.—In this section— plying for assistance under this subsection this title, or both, if— ‘‘(1) the term ‘explosive or incendiary de- shall— ‘‘(i) death results from the offense; or vice’ has the meaning given the term in sec- (i) describe the extraordinary purposes for ‘‘(ii) the offense includes kidnaping or an tion 232 of this title; and which the grant is needed; attempt to kidnap, aggravated sexual abuse ‘‘(2) the term ‘firearm’ has the meaning (ii) certify that the State, political sub- or an attempt to commit aggravated sexual given the term in section 921(a) of this division, or Indian tribe lacks the resources abuse, or an attempt to kill. title.’’. necessary to investigate or prosecute the ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- (b) TECHNICAL AND CONFORMING AMEND- hate crime; CEIVED RELIGION, NATIONAL ORIGIN, GENDER, MENT.—The analysis for chapter 13 of title 18, (iii) demonstrate that, in developing a plan SEXUAL ORIENTATION, OR DISABILITY.— United States Code, is amended by adding at to implement the grant, the State, political ‘‘(A) IN GENERAL.—Whoever, whether or not the end the following: subdivision, or tribal official has consulted acting under color of law, in any cir- ‘‘249. Hate crime acts.’’. and coordinated with nonprofit, nongovern- cumstance described in subparagraph (B), SEC. 8. DUTIES OF FEDERAL SENTENCING COM- mental victim services programs that have willfully causes bodily injury to any person MISSION. experience in providing services to victims of or, through the use of fire, a firearm, or an (a) AMENDMENT OF FEDERAL SENTENCING hate crimes; and explosive or incendiary device, attempts to GUIDELINES.—Pursuant to the authority pro- (iv) certify that any Federal funds received cause bodily injury to any person, because of vided under section 994 of title 28, United under this subsection will be used to supple- the actual or perceived religion, national or- States Code, the United States Sentencing ment, not supplant, non-Federal funds that igin, gender, sexual orientation, or disability Commission shall study the issue of adult re- would otherwise be available for activities of any person— cruitment of juveniles to commit hate funded under this subsection. ‘‘(i) shall be imprisoned not more than 10 crimes and shall, if appropriate, amend the (4) DEADLINE.—An application for a grant years, fined in accordance with this title, or Federal sentencing guidelines to provide sen- under this subsection shall be approved or both; and tencing enhancements (in addition to the disapproved by the Attorney General not ‘‘(ii) shall be imprisoned for any term of sentencing enhancement provided for the use later than 30 business days after the date on years or for life, fined in accordance with of a minor during the commission of an of- which the Attorney General receives the ap- this title, or both, if— fense) for adult defendants who recruit juve- plication. ‘‘(I) death results from the offense; or niles to assist in the commission of hate (5) GRANT AMOUNT.—A grant under this ‘‘(II) the offense includes kidnaping or an crimes. subsection shall not exceed $100,000 for any attempt to kidnap, aggravated sexual abuse (b) CONSISTENCY WITH OTHER GUIDELINES.— single jurisdiction within a 1 year period. or an attempt to commit aggravated sexual In carrying out this section, the United (6) REPORT.—Not later than December 31, abuse, or an attempt to kill. States Sentencing Commission shall— 2004, the Attorney General shall submit to ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- (1) ensure that there is reasonable consist- Congress a report describing the applications poses of subparagraph (A), the circumstances ency with other Federal sentencing guide- submitted for grants under this subsection, described in this subparagraph are that— lines; and the award of such grants, and the purposes ‘‘(i) the conduct described in subparagraph (2) avoid duplicative punishments for sub- for which the grant amounts were expended. (A) occurs during the course of, or as the re- stantially the same offense.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5655 SEC. 9. STATISTICS. fire, insects, disease, storms, etc. Fur- islation, the Homeland Security Gun Subsection (b)(1) of the first section of the thermore, the price to be paid for the Safety Act. Hate Crimes Statistics Act (28 U.S.C. 534 timber is determined and received at In the aftermath of the tragic events note) is amended by inserting ‘‘gender,’’ of 9–11, the Federal Government has re- after ‘‘race,’’. the time of the sale. assessed the Nation’s vulnerabilities to SEC. 10. SEVERABILITY. Unfortunately, in order for timber If any provision of this Act, an amendment owners to qualify for the favorable cap- acts and threats of terrorism. made by this Act, or the application of such ital gains treatment, they must mar- And in response, the United States provision or amendment to any person or ket their timber on a ‘‘pay-as-cut’’ Congress gave the Department of Jus- circumstance is held to be unconstitutional, basis under Section 631(b) which re- tice expanded powers to detain sus- the remainder of this Act, the amendments quires timber owners to sell their tim- pected terrorists, conduct surveillance made by this Act, and the application of the ber with a ‘‘retained economic inter- and obtain confidential information on provisions of such to any person or cir- est.’’ This means that the timber American citizens. In addition, we have cumstance shall not be affected thereby. owner, not the buyer, must bear the created the new Department of Home- By Mr. SESSIONS: risk of any physical loss during the land Security—the largest reorganiza- S. 968. A bill to amend the Internal timber sale contract period and must tion of the Federal Government since Revenue Code of 1986 to provide capital be paid only for the timber that is ac- the 1940s. In short, the events of 9–11 required gain treatment under section 631(b) of tually harvested. As a result, this type us to reevaluate our safety concerns such Code for outright sales of timber of sale can be subject to fraud and and the security of the Nation. by landowners; to the Committee on abuse by the timber buyer. Since the buyer pays only for the timber that is Echoing this need, President Bush Finance. said before the United Nations on No- Mr. SESSIONS. Mr. President, I rise removed and scaled, there is an incen- vember 10, 2001, that ‘‘we have the re- tive to waste poor quality timber by today to introduce legislation which sponsibility to deny weapons to terror- breaking the tree during the logging will simplify and update a provision of ists and to actively prevent private process, underscaling the timber, or re- the tax code that affects the sale of citizens from providing them.’’ timber. It is both a simplification moving the timber without scaling. I wholeheartedly agree with this measure and a fairness measure. I call But because 631(b) provides for the fa- statement. And I believe the American it the Timber Tax Simplification Act. vorable tax treatment, many timber people want the U.S. Senate to follow Under current law, landowners that owners are forced into exposing them- through with concrete legislative ac- are occasional sellers of timer are selves to unnecessary risk of loss by tion. often classified by the Internal Rev- having to market their timber in this However, we have failed to address a enue Service as ‘‘dealers.’’ As a result, disadvantageous way instead of the significant remaining threat: the ac- the small landowner is forced to more preferable lump-sum method. cessibility to firearms and explosives choose, because of the tax code, be- Like many of the provisions in the within our own borders. tween two different methods of selling tax code, Section 631(b) is outdated and How can we truly protect this Na- their timber. The first method, ‘‘lump prevents good forestry business man- tion, if we do not enact legislation sum sales provides for good business agement. Timber farmers, who have which prevents terrorists and potential practice but is subjected to a high in- usually spent decades producing their terrorists from acquiring guns in the come tax. The second method ‘‘pay-as- timber ‘‘crop,’’ should be able to re- United States? cut’’ sales, allows for lower capital ceive equal tax treatment regardless of Terrorists have identified the lax gun gains tax treatment, but often results the method used for marketing their laws of the United States as a means to in an underrealization of the fair value timber. advance their evil goal to terrorize and of the contract. Why, one might ask, In the past, the Joint Committee on harm the American people. do these conflicting incentives exist for Taxation has studied this legislation to In December 2001, during the war on our Nation’s timber growers? consider what impact it might have on terror, we attacked a terrorist training Ealier in this century, outright, or the Treasury and found that it would facility south of Kabul. Found among ‘‘lump sum,’’ sales on a cash in ad- have no real cost—only a ‘‘negligible the rubble at that facility was a man- vance, sealed basis, were associated change’’ according to their analysis. ual called: ‘‘How I Can Train Myself for with a ‘‘cut and run’’ mentality that The IRS has no business stepping in Jihad.’’ and dictating the kind of sales contract did not promote good forest manage- This manual, contains an entire sec- a landowner must choose. My legisla- ment. ‘‘Pay-as-cut sales,’’ however, in tion on ‘‘Firearms Training’’ and sin- tion will provide greater consistency which a timber owner is only paid for gles out the United States for its easy by removing the exclusive ‘‘retained availability of firearms. It stipulates timber that is harvested, were associ- economic interest’’ requirement in the that terrorists living in the U.S. should ated with ‘‘enlighted’’ resource man- IRC Section 631(b). Reform of 631(b) is ‘‘obtain an assault weapon legally, agement. Consequently, in 1943, Con- important to our Nation’s non-indus- preferably AK-47 or variations.’’ It also gress, in an effect to provide an incen- trial, private landowners because it advises would-be terrorsts on how they tive for improved forest management, will improve the economic viability of should conduct themselves in order to passed legislation that allowed capital their forestry investments and protect avoid arousing suspicion as they amass gains treatment under 631(b) of the IRS the taxpayer from unnecessary expo- and transport firearms. Code for pay-as-cut sales, leaving sure to risk of loss. This in turn will There are other examples where ter- lump-sum sales to pay the much higher benefit the entire forest products in- rorists have sought to take advantage rate of income tax. It is said that dustry, the U.S. economy and espe- of this nation’s lax gun laws. President Roosevelt opposed the bill cially small landowners. On the eve of the September 11 ter- and almost vetoed it. rorist attack, on September 10, 2001, a Today, however, Section 631(b) like By Mr. LAUTENBERG (for him- Federal jury convicted Ali Boumelhem, so many provisions in the IRS Code, is self, Mr. KENNEDY, Mr. CORZINE, a known member of the terrorist group outdated. Forest management prac- and Mr. REED): Hezbollah on seven counts of weapons tices are much different from what S. 969. A bill to enhance the security charges and conspiracy to ship weapons they were in 1943 and lump-sum sales and safety of the Nation by increasing and ammunition to Lebanon. are no longer associated with poor for- the time allowed to track terrorists And we have seen how firearms can est management. And while there are during periods of elevated alert, clos- be used to terrorize an entire commu- occasional special situations where ing loopholes that have allowed terror- nity. other methods may be more appro- ists to acquire firearms, maintaining We are all familiar with the case of priate, most timber owners prefer this records of certain handgun transfers John Muhammad and John Malvo, who method over the ‘‘pay-as-cut’’ method. during periods of heightened terrorist terrorized the Washington, DC area for The reasons are simple: title to the risk, and for other purposes; to the more than three weeks as they em- timber is transferred upon the closing Committee on the Judiciary. barked on a shooting spree with a snip- of the sale and the buyer assumes the Mr. LAUTENBERG. Mr. President, I er rifle, shooting 13 innocent people be- risk of any physical loss of timber to rise to introduce a critical piece of leg- fore being caught.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5656 CONGRESSIONAL RECORD — SENATE May 1, 2003 Homeland Security Secretary Tom dealers to: immediately report ‘‘miss- have been acquiring firearms in our country Ridge agrees that there is a dangerous ing’’ guns or face suspension of their li- and are using them here and abroad for des- link between guns and terror. During cense; and put appropriate security picable acts of violence. Firearms are being his confirmation hearing before Gov- measures in place to prevent theft of acquired by prohibited persons due to the their weapons; and check with the weakness and lack of enforceability of exist- ernmental Affairs Committee on Janu- ing gun laws. ary 17, 2003, in response to a question I FBI’s Stolen Gun Registry to make Examples of the link between terrorism asked him about guns and terror, Sec- sure that secondhand weapons they and firearms in the U.S. include: retary Ridge said: purchase are not stolen. In December, 2001, a manual titled ‘‘How I [W]hen anyone uses a firearm, whether it’s This bill will also step up enforce- Can Train Myself for Jihad’’ was found the kind of terrorism that we are trying to ment of gun dealers: law enforcement among the rubble at a training facility for a combat with al Qaeda and these non-state would not be restricted in its ability to radical Pakistan-based Islamic terrorist or- terrorists, or as a former district attorney inspect dealers. Currently, law enforce- ganization in Afghanistan. This manual con- involved in the conviction of an individual ment is only allowed one unannounced tains an entire section on ‘‘Firearms Train- ing’’ and singles out the United States for its who used firearms against innocent citi- inspection per year. zens—regardless of how we define terrorism, easy availability of firearms. It stipulates The bill will also increase the pen- that terrorists living in the U.S. ‘‘obtain an that individual and that family felt that alties for violations of gun dealer laws they were victims of a terrorist act. Bran- assault weapon legally, preferably AK–47 or dishing a firearm in front of anybody under to a felony. Right now, the maximum variations.’’ It also advises would-be terror- any set of circumstances is a terrorist act penalty is only a misdemeanor. It has ists on how they should conduct themselves and needs to be dealt with. no teeth. in order to avoid arousing suspicion as they Well, the Homeland Security Gun I know the NRA will cry wolf to gun amass and transport firearms. In November 2000, Ali Bourmelhem, was ar- Safety Act deals with it. The Act deals owners about this bill. But this bill will not affect the vast majority of rested for shipping guns and ammunition to with this threat that leaves America Hezbollah militants in Lebanon by hiding especially vulnerable to future ter- honest, law abiding Americans who want to purchase guns. This bill fo- the arms in cargo crates. Boumelhem, who rorist attacks. was a resident of Detroit and Beirut, was ob- The Homeland Security Gun Safety cuses on preventing weapons from get- served by authorities traveling to gun shows Act would enact specific measures that ting into the hands of terrorists and to buy gun parts and ammunition for ship- would help prevent terrorists from ac- criminals. ment overseas. He was arrested just before quiring firearms within our own bor- Over 75 percent of background checks he was scheduled to travel to Lebanon. ders. are performed in mere minutes. How- In September 2000, Conor Claxton, an ad- mitted member of the IRA, bought dozens of Under current law, there are cases ever, there are those purchasers who raise red flags that require further in- handguns, rifles and rounds of high-powered when law enforcement is blocked from ammunition through illegal multiple sales conducting an adequate investigation vestigation. Those are red flags we can no longer and at gun shows. Police in Northern Ireland when a terrorist or criminal tries to afford to ignore. intercepted 23 of the packages which con- buy a gun. When we are at Code Yellow, every- tained 122 guns and other weapons origi- Current law says if law enforcement nating from the group. Claxton’s team en- day Americans are prevented from tak- takes over three days to conduct a listed the assistance of a licensed firearms ing a tour of the White House—but a dealer in Florida who sold at least 43 hand- background check on someone who terrorist can buy weapons. wants a weapon—just hand over the guns to associates of Claxton. The dealer It makes no sense. agreed not to report all of the sales on re- gun. This bill offers Congress a clear quired Federal forms in exchange for an That is ludicrous—especially when choice: protect our homeland or pro- extra $50 per gun. The dealer admitted that we are in an elevated state of terrorist tect the gun lobby. he suspected the guns could wind up in the threat. I ask unanimous consent that a sum- hands of assassins. The dealer later cooper- When we are at Code Yellow, the De- mary of my bill, the Homeland Secu- ated with prosecutors and pleaded guilty to partment of Homeland Security has de- rity Gun Safety Act, be printed in the conspiring to export guns illegally. Accord- termined that we are at a significant RECORD. ing to the FBI Agent interviewing Claxton: risk of terrorist attack. There being no objection, the sum- ‘‘Claxton stated that it is common knowl- The bill I am introducing today mary was ordered to be printed in the edge that obtaining weapons in the United States is easy,’’ and that ‘‘Claxton blamed would suspend these loopholes in our RECORD, as follows: gun safety laws when we are at Code the United States government for not having THE HOMELAND SECURITY GUN SAFETY ACT OF tougher gun laws.’’ Yellow or above in the interest of 2003 In 1993, the owners of the Al Fajr Trading homeland security. In the aftermath of the tragic events of Company in Atlanta were convicted of ille- The three-day limit on law enforce- September 11, 2001, the Federal Government gally shipping hundreds of guns to Muslim ment is nothing more than a loophole has reassessed the Nation’s vulnerabilities to street gangs and drug dealers in New York, in our laws put there by the gun lobby. acts and threats of terrorism. However, ac- Detroit and Philadelphia. Among the cus- And it’s a dangerous loophole—a re- tions taken thus far have failed to address a tomers was a gang associated with Sheik cent study showed that, from Decem- major remaining threat: accessibility to fire- Omar Abdel-Rahman, the Egyptian cleric ber 1998 to June 2001, nearly 10,000 peo- arms and explosives within our own borders. who was involved in the 1993 terrorist bomb- The Homeland Security Gun Safety Act of ple who should not have been per- ing of the World Trade Center. Al Fajr was a 2003 addresses this threat that leaves Amer- licensed dealer but intentionally failed to mitted to buy guns, did receive guns ica especially vulnerable to future terrorist maintain firearms transaction records of because the three-day period passed be- attacks. nearly 1,000 guns that were trafficked to the fore law enforcement could finish a The Act would enact specific measures Northeast. background check. that would help prevent terrorists from ac- In 1992, an Iranian immigrant in the Our bill will also require that the quiring firearms and explosives in the United United States was shot and killed execution Federal Government retain records of States. Specifically, the Act: 1. enacts in- style outside her home in Northern New Jer- creased homeland security measures regard- sey by a suspected Iranian terrorist. The gun weapons transactions while we are in ing firearm sales when the terrorist risk an elevated state of alert. There is no was bought at a Virginia gun shop that was level of the Homeland Security Advisory preferred by straw purchasers, high-volume reason we should handicap law enforce- System is raised to ‘‘Elevated’’; 2. closes buyers, gun traffickers and convicted felons. ment during such a dangerous time. loopholes that have allowed rogue gun deal- The Virginia gun shop owners were arrested This bill will also close a number of ers to abuse existing law and supply weapons 2 months prior to the murder and pleaded loopholes that have allowed rogue gun to terrorists and criminals; and 3. strength- guilty to charges stemming from straw pur- dealers to skirt the law. These are the ens the enforcement of laws federally li- chases. same few gun dealers that are now the censed gun dealers are required to follow. Cases of the use of firearms for terrorist ‘‘We have the responsibility to deny weap- acts include: subject of lawsuits across the country. ons to terrorists and to actively prevent pri- These dangerous loopholes that the In 2002, John Muhammad and John Malvo vate citizens from providing them.’’—Presi- terrorized the Washington, DC area for more gun lobby built into our gun laws now dent George W. Bush, Address to the United than 3 weeks by embarking on a shooting pose a major threat to homeland secu- Nations, November 10, 2001. spree with a sniper rifle. The weapon used to rity. THE PROBLEM: TERRORISM AND GUNS shoot 13 innocent victims was a Bushmaster This bill will help shut down those There are a number of cases in which ter- XM–15 rifle purchased at the Bull’s Eye loopholes. The bill would require gun rorists, both domestic and international, Shooter Supply in Tacoma, WA. Muhammad

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5657 could not have legally purchased it because Background Check system be maintained in- per violation. The current penalty for this he is under a domestic violence restraining definitely when the Department of Homeland violation is a misdemeanor. order and Malvo at age 17 is disqualified as a Security determines that the nation is at an Prohibit any licensed firearms dealer from minor and an illegal immigrant. Two em- ‘‘elevated,’’ yellow, risk of terrorist attack selling two or more handguns to an unli- ployees of the store admitted that they no- or above. Upon reverting to a ‘‘Low,’’ green, censed individual during any 30-day period. ticed that the .223 caliber Bushmaster was risk for a period of 180 consecutive days, the This prohibition will be inapplicable to an ‘‘missing’’ from a display case but the store’s standard destruction of records rule resumes. exchange of one handgun for one handgun. owner did not report the loss as required by This information will be critical to inves- Increase the penalties for persons who un- Federal law. Following the sniper killings, tigators who are tracking potential terror- lawfully transfer handguns to juveniles from the shop revealed that over 200 guns went ists within our borders while we are in a a misdemeanor to a felony. ‘‘missing’’ in the last several years. Bull’s heightened state of alert. Suspend a FFL’s license if the licensee is Eye Shooter Supply remains in operation Federal Firearms Dealer Responsibilities charged with a crime. Currently, a gun deal- today. er can remain in operation if charged with a The Homeland Security Gun Safety Act re- In February 1997, Ali Abu Kamal opened crime. quires more responsibility on the part of fire on a crowd of tourists at the Empire Require the termination of a FFLs license Federal Firearms Licensees; FFLs; to pre- State Building, killing one person and upon a conviction of a felony. Under current vent the flow of illegal firearms. Under the wounding six others. Kamal arrived in New law, a licensee convicted of a felony may current regime, rules gun dealers are ‘‘re- York from Cairo on a tourist visa. After a continue to conduct business until appeal quired’’ to follow are routinely ignored, as short stay in New York, he traveled to Mel- rights are exhausted. This is a serious loop- the gun laws provide for little enforcement, bourne, FL where he checked into a motel. hole which jeopardizes public safety by al- and even restrict the ability of law enforce- He showed the motel receipt as proof of resi- lowing convicted felons to continue buying ment to check gun dealer compliance. In ad- dency to obtain a Florida ID card which he and selling large quantities of firearms in dition, the current system allows terrorists used to buy a 14-shot, semi-automatic Be- interstate commerce pending the resolution and criminals to travel from dealer to dealer retta handgun. Total time from arrival in of their appeals. to attempt to purchase a gun until they this country to purchase of the gun was 37 Require criminal background checks of ‘‘score’’—without worrying about detection days. The same gun store in Melbourne sold gun industry employees who deal with fire- of their failed purchases. The Homeland Se- a Ruger Mini 14 rifle to mass-murderer Wil- arms, including gun shops, manufacturers curity Gun Safety Act would close these liam Cruse a month before he went on a and distributors. loopholes that allow rogue gun dealers to shooting spree in Palm Bay, FL. Cruse killed Increase the penalty for persons who un- evade the law and sell guns to criminals and six people and wounded two dozen others. lawfully transfer firearms to a juvenile, from terrorists. Specifically, the Act would: ‘‘[W]hen anyone uses a firearm, whether a misdemeanor to a felony. Require FFLs to report missing weapons it’s the kind of terrorism that we are trying Decrease the amount of black powder ex- immediately and satisfy record keeping re- to combat with al Qaeda and these non-state plosive one is able to acquire without a per- quirements, for multiple handgun sales, terrorists, or as a former district attorney mit from 50 pounds to 5 pounds. theft or loss of firearm registration docu- involved in the conviction of an individual According to the ATF report on Commerce ments, trace requests, out of business and who used firearms against innocent citi- in Firearms in the United States, only 1.2 demand records, or face suspension of their zens—regardless of how we define terrorism, percent of Federal firearms licensees—1,020 licenses. As the ATF’s ability to trace crime that individual and that family felt that of the approximately 83,200 FFL retail deal- guns depends on the records kept by FFLs, it they were victims of a terrorist act. Bran- ers—account for over half, 57 percent, of the is imperative that FFLs fulfill their respon- dishing a firearm in front of anybody under crime guns traced to current FFLs. This is a sibility to timely report missing weapons any set of circumstances is a terrorist act staggering number that depicts the disregard and relevant records. and needs to be dealt with.’’—Tom Ridge, of existing laws by these rogue gun dealers. Requires FFLs not to sell a firearm to an January 17, 2003, at his confirmation hearing The Homeland and Security Gun Safety Act individual when they have reasonable cause for Secretary of Homeland Security, before will strengthen current regulatory control to believe that a gun will be used in the com- the Senate Government Affairs Committee. and enforcement in order to protect the safe- mission of a crime. ty of the public, while allowing law-abiding CONFRONTING THE THREAT: THE HOMELAND If a FFL has reasonable cause to believe Americans to purchase firearms for their SECURITY GUN SAFETY ACT OF 2003 that a purchaser is not buying a firearm for own use. The Homeland Security Gun Safety Act of his or her own use, but intends to transfer it ‘‘It’s our position at the Justice Depart- 2003 integrates gun safety into our national to another individual who would not qualify ment and the position of this Administration homeland security strategy. The bill will for a legal gun purchase, he or she will be that we need to unleash every possible tool suspend the current restrictions on law en- prohibited from making the transfer. This is in the fight against terrorism and do so forcement’s investigative powers during pe- commonly known as a ‘‘straw purchase’’ and promptly.’’—Attorney General John Ash- riods of ‘‘Elevated’’ terror threat. is a major problem in firearm trafficking in croft, Testimony before Congress, September Currently, law enforcement is severely the United States. 24, 2001. limited in its ability to conduct background Require FFLs to abide by security stand- It is time we take a common sense ap- checks on suspicious gun purchasers. While ards for the storage and display of firearms. proach to the terrorist threats that face our over 70 percent of background checks are According to the ATF, in 1998 and 1999, FFLs country today. Terrorists are well aware of completed within seconds, and approxi- filed reports on over 27,287 missing or stolen our lax gun laws, and we must act preemp- mately 95 percent are completed within 2 firearms. The Act would authorize suspen- tively to prevent future tragedies. It is time hours, red flags raised on some people’s sions and fines of FFLs who fail to abide by for action to prevent terrorism by strength- records require further investigation. Under security standards for the display and stor- ening our country’s current gun laws. Our current law, law enforcement only has 3 days age of firearms. citizens demand it and our homeland secu- to conduct a background check. Given the Require FFLs to check all secondhand fire- rity depends on it. complexity of tracing court records, the 3- arm purchases through the FBI’s Stolen Gun day period often does not give law enforce- Registry to confirm that the firearm was not It is time we take a common sense ment enough time to complete a check in stolen prior to the purchase. approach to the terrorist threats that some important cases. However, under cur- Require that FFLs notify NICS imme- face our country today. Terrorists are rent law, after the 3-day period has expired, diately upon receiving a request from a pro- well aware of our lax gun laws, and we the firearm is handed over to the purchaser— spective transferee, of any check conducted must act preemptively to prevent fu- even if the person is a convicted felon or part within the previous 30 days that did not re- ture tragedies. It is time for action to of a terrorist organization. sult in the transfer of a handgun. prevent future tragedies by strength- Under the Homeland Security Gun Safety Increase the number of permissible inspec- Act, when the Department of Homeland Se- tions of gun dealers from one unannounced ening our country’s current gun laws. curity determines that the nation is in an inspection per year, current law, to an un- Our homeland security depends on it. ‘‘Elevated’’ (yellow) risk of attack or above, limited amount of inspections for any viola- the 3-day rule would be suspended and law tion. If a licensee has a poor compliance By Mr. HOLLINGS: enforcement would have as much time as record, such as one of the 1.2 percent of fire- S. 970. A bill to amend the Internal needed to complete a background check on arms dealers who account for 57 percent of Revenue Code of 1986 to preserve jobs an individual seeking a weapon or explosive. crime guns, multiple compliance inspections and production activities in the United Upon reverting to a ‘‘Low,’’ green, risk for a within the 1-year period are necessary for States; to the Committee on Finance. period of 180 consecutive days, the 3-day rule adequate supervision. Mr. HOLLINGS. Mr. President, would resume. Increase penalties for FFLs who fail to ac- March marked the 32nd consecutive The Homeland Security Gun Safety Act count for missing weapons, fail to timely would suspend this record destruction rule, record or maintain records, record keeping month, since July 2000), that manufac- and require that all records of firearms violations or knowingly make false state- turing employment has declined in the transfers subject to background checks and ments in connection with firearms from 1 United States. This is the longest con- records of the National Instant Criminal year to 5 years and assess fines up to $10,000 secutive monthly decline in the post

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5658 CONGRESSIONAL RECORD — SENATE May 1, 2003 World War II era. Already, more than 2 transaction in the ordinary course of a trade bears the same ratio to 100 percent as the million manufacturing jobs are gone. or business which occurs pursuant to a bind- number of days after the date of the enact- In South Carolina, we have seen a ing contract— ment of this Act bears to 365. steady erosion of our manufacturing (A) which is between the taxpayer and a (iii) SPECIAL RULE FOR FISCAL YEAR TAX- person who is not a related person (as de- PAYERS.—In the case of a taxpayer not using job base, and if we don’t come up with fined in section 943(b)(3) of such Code, as in the calendar year as its taxable year, the new concepts to create and maintain effect on the day before the date of the en- phaseout percentage is the weighted average domestic manufacturing jobs, America actment of this Act), and of the phaseout percentages determined will go out of business. (B) which is in effect on April 11, 2003, and under the preceding provisions of this para- For all of 2002, industrial production at all times thereafter. graph with respect to calendar years any fell 0.6 percent following a 3.5 percent For purposes of this paragraph, a binding portion of which is included in the tax- decline in 2001. That represented the contract shall include a purchase option, re- payer’s taxable year. The weighted average first back-to-back annual declines in newal option, or replacement option which is shall be determined on the basis of the re- spective portions of the taxable year in each industrial output since 1974–1975. included in such contract. (d) REVOCATION OF SECTION 943(e) ELEC- calendar year. Quite frankly, this is unacceptable. (4) ADJUSTED BASE PERIOD AMOUNT.—For TIONS.— We must act to save our manufac- purposes of this subsection— (1) IN GENERAL.—In the case of a corpora- turing jobs. Earlier this Congress, I in- tion that elected to be treated as a domestic (A) IN GENERAL.—In the case of a taxpayer troduced S. 592, the ‘‘Save American corporation under section 943(e) of the Inter- using the calendar year as its taxable year, Manufacturing Act of 2003,’’ that seeks nal Revenue Code of 1986 (as in effect on the the adjusted base period amount for any tax- able year is the base period amount multi- to eliminate the tax incentives for off- day before the date of the enactment of this plied by the applicable percentage, as deter- shore production. Today, I introduce Act)— mined in the following table: complementary legislation to provide (A) the corporation may revoke such elec- tion, effective as of the date of the enact- ‘‘Years: The applicable tax incentives to produce in the United percentage is: States. ment of this Act, and (B) if the corporation does revoke such 2003 ...... 100 The legislation I’m introducing today 2004 ...... 100 election— would provide tax benefits to domestic 2005 ...... 105 (i) such corporation shall be treated as a 2006 ...... 110 producers. These tax incentives would domestic corporation transferring (as of the 2007 ...... 115 become increasingly beneficial as the date of the enactment of this Act) all of its 2008 ...... 120 percentage of manufacturing done in property to a foreign corporation in connec- 2009 and thereafter ...... 0 the United States increases. Con- tion with an exchange described in section (B) BASE PERIOD AMOUNT.—The base period versely, as the percentage of domestic 354 of the Internal Revenue Code of 1986, and amount is the aggregate FSC/ETI benefits production decreases the incentives (ii) no gain or loss shall be recognized on for the taxpayer’s taxable year beginning in would also decrease. such transfer. calendar year 2001. (2) EXCEPTION.—Subparagraph (B)(ii) of (C) SPECIAL RULES FOR FISCAL YEAR TAX- This mechanism will provide a strong paragraph (1) shall not apply to gain on any incentive for manufacturers to main- PAYERS, ETC.—Rules similar to rules of asset held by the revoking corporation if— clauses (ii) and (iii) of paragraph (3)(B) shall tain U.S. production and to return run- (A) the basis of such asset is determined in apply for purposes of this paragraph. away production to the United States. whole or in part by reference to the basis of (5) FSC/ETI BENEFIT.—For purposes of this Our communities, our industries and such asset in the hands of the person from subsection, the term ‘FSC/ETI benefit’ our workers are being harmed by the whom the revoking corporation acquired means— erosion of our manufacturing base. To- such asset, (A) amounts excludable from gross income day’s legislation is one additional way (B) the asset was acquired by transfer (not under section 114 of such Code, and that we can provide assistance to these as a result of the election under section (B) the exempt foreign trade income of re- 943(e) of such Code) occurring on or after the lated foreign sales corporations from prop- vital groups. 1st day on which its election under section erty acquired from the taxpayer (determined This legislation is the companion to 943(e) of such Code was effective, and without regard to section 923(a)(5) of such H.R. 1769 introduced earlier this ses- (C) a principal purpose of the acquisition Code (relating to special rule for military sion in the House by Representatives was the reduction or avoidance of tax. property), as in effect on the day before the RANGEL and CRANE. (e) GENERAL TRANSITION.— date of the enactment of the FSC Repeal and I ask unanimous consent that the (1) IN GENERAL.—In the case of a taxable Extraterritorial Income Exclusion Act of text of the bill be printed in the year ending after the date of the enactment 2000). of this Act and beginning before January 1, RECORD. In determining the FSC/ETI benefit there There being no objection, the bill was 2009, for purposes of chapter 1 of such Code, shall be excluded any amount attributable to each current FSC/ETI beneficiary shall be al- a transaction with respect to which the tax- ordered to be printed in the RECORD, as lowed a deduction equal to the transition follows: payer is the lessor unless the leased property amount determined under this subsection was manufactured or produced in whole or in S. 970 with respect to such beneficiary for such part by the taxpayer. Be it enacted by the Senate and House of Rep- year. (6) SPECIAL RULE FOR FARM COOPERATIVES.— resentatives of the United States of America in (2) CURRENT FSC/ETI BENEFICIARY.—The Under regulations prescribed by the Sec- Congress assembled, term ‘‘current FSC/ETI beneficiary’’ means retary, determinations under this subsection SECTION 1. SHORT TITLE. any corporation which entered into one or with respect to an organization described in This Act may be cited as the ‘‘Job Protec- more transactions during its taxable year be- section 943(g)(1) of such Code, as in effect on tion Act of 2003’’. ginning in calendar year 2001 with respect to the day before the date of the enactment of SEC. 2. REPEAL OF EXCLUSION FOR which FSC/ETI benefits were allowable. this Act, shall be made at the cooperative EXTRATERRITORIAL INCOME. (3) TRANSITION AMOUNT.—For purposes of level and the purposes of this subsection (a) IN GENERAL.—Section 114 of the Inter- this subsection— shall be carried out by excluding amounts nal Revenue Code of 1986 is hereby repealed. (A) IN GENERAL.—The transition amount from the gross income of its patrons. (b) CONFORMING AMENDMENTS.— applicable to any current FSC/ETI bene- (7) CERTAIN RULES TO APPLY.—Rules similar (1) Subpart E of part III of subchapter N of ficiary for any taxable year is the phaseout to the rules of section 41(f) of such Code shall chapter 1 of such Code (relating to qualifying percentage of the adjusted base period apply for purposes of this subsection. foreign trade income) is hereby repealed. amount. (8) COORDINATION WITH BINDING CONTRACT (2) The table of subparts for such part III is (B) PHASEOUT PERCENTAGE.— RULE.—The deduction determined under amended by striking the item relating to (i) IN GENERAL.—In the case of a taxpayer paragraph (1) for any taxable year shall be subpart E. using the calendar year as its taxable year, reduced by the phaseout percentage of any (3) The table of sections for part III of sub- the phaseout percentage shall be determined FSC/ETI benefit realized for the taxable year chapter B of chapter 1 of such Code is amend- under the following table: by reason of subsection (c)(2). The preceding ed by striking the item relating to section ‘‘Years: The phaseout sentence shall not apply to any FSC/ETI ben- 114. percentage is: efit attributable to a transaction described (c) EFFECTIVE DATE.— 2004 and 2005 ...... 100 in the last sentence of paragraph (5). (1) IN GENERAL.—The amendments made by 2006 ...... 75 (9) SPECIAL RULE FOR TAXABLE YEAR WHICH this section shall apply to transactions oc- 2007 ...... 75 INCLUDES DATE OF ENACTMENT.—In the case of curring after the date of the enactment of 2008 ...... 50 a taxable year which includes the date of the this Act. 2009 and thereafter ...... 0 enactment of this Act, the deduction allowed (2) BINDING CONTRACTS.—The amendments (ii) SPECIAL RULE FOR 2003.—The phaseout under this subsection to any current FSC/ made by this section shall not apply to any percentage for 2003 shall be the amount that ETI beneficiary shall in no event exceed—

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(A) 100 percent of such beneficiary’s ad- subparagraph (A) shall not exceed the dif- ‘‘(A) IN GENERAL.—Purchased inputs are justed base period amount for calendar year ference between the value of the property any of the following items acquired by pur- 2003, reduced by when exported and the value of the property chase: (B) the aggregate FSC/ETI benefits of such when brought back into the United States ‘‘(i) Services (other than services of em- beneficiary with respect to transactions oc- after the further manufacture. ployees) used in manufacture, production, curring during the portion of the taxable ‘‘(4) MODIFIED TAXABLE INCOME.—The term growth, or extraction activities. year ending on the date of the enactment of ‘modified taxable income’ means taxable in- ‘‘(ii) Items consumed in connection with this Act. come computed without regard to the deduc- such activities. SEC. 3. DEDUCTION RELATING TO INCOME AT- tion allowable under this section. ‘‘(iii) Items incorporated as part of the TRIBUTABLE TO UNITED STATES ‘‘(e) DOMESTIC PRODUCTION GROSS RE- property being manufactured, produced, PRODUCTION ACTIVITIES. CEIPTS.—For purposes of this section— grown, or extracted. (a) IN GENERAL.—Part VIII of subchapter B ‘‘(1) IN GENERAL.—The term ‘domestic pro- ‘‘(B) SPECIAL RULE.—Rules similar to the of chapter 1 of the Internal Revenue Code of duction gross receipts’ means the gross re- rules of subsection (d)(3) shall apply for pur- 1986 (relating to special deductions for cor- ceipts of the taxpayer which are derived poses of this subsection. porations) is amended by adding at the end from— ‘‘(4) VALUE OF WORLDWIDE PRODUCTION.— the following new section: ‘‘(A) any sale, exchange, or other disposi- ‘‘(A) IN GENERAL.—The value of worldwide ‘‘SEC. 250. INCOME ATTRIBUTABLE TO DOMESTIC tion of, or production shall be determined under the PRODUCTION ACTIVITIES. ‘‘(B) any lease, rental or license of, principles of paragraph (2), except that— ‘‘(a) IN GENERAL.—In the case of a corpora- qualifying production property which was ‘‘(i) worldwide production gross receipts tion, there shall be allowed as a deduction an manufactured, produced, grown, or extracted shall be taken into account, and amount equal to 10 percent of the qualified in whole or in significant part by the tax- ‘‘(ii) paragraph (3)(B) shall not apply. production activities income of the corpora- payer within the United States. ‘‘(B) WORLDWIDE PRODUCTION GROSS RE- tion for the taxable year. ‘‘(2) SPECIAL RULE.—The term ‘domestic CEIPTS.—The worldwide production gross re- ‘‘(b) PHASEIN.—In the case of taxable years production gross receipts’ includes gross re- ceipts is the amount that would be deter- beginning in 2006, 2007, 2008 or 2009, sub- ceipts of the taxpayer from the sale, ex- mined under subsection (e) if such subsection section (a) shall be applied by substituting change, or other disposition of replacement were applied without any reference to the for the percentage contained therein the parts if— United States. transition percentage determined under the ‘‘(A) such parts are sold by the taxpayer as ‘‘(5) SPECIAL RULE FOR AFFILIATED following table: replacement parts for qualified production GROUPS.— ‘‘Taxable years begin- The transition property produced or manufactured in whole ‘‘(A) IN GENERAL.—In the case of a taxpayer ning in: percentage is: or significant part by the taxpayer in the that is a member of an expanded affiliated 2006 ...... 1 United States, and group, the domestic/foreign fraction shall be 2007 ...... 2 ‘‘(B) the taxpayer (or a related party) owns the amount determined under the preceding 2008 ...... 4 the designs for such parts. provisions of this subsection by treating all 2009 ...... 9 ‘‘(3) RELATED PARTY.—The term ‘related members of such group as a single corpora- ‘‘(c) QUALIFIED PRODUCTION ACTIVITIES IN- party’ means any corporation which is a tion. COME.—For purposes of this section, the term member of the taxpayer’s expanded afiliated ‘‘(B) EXPANDED AFFILIATED GROUP.—The ‘qualified production activities income’ group. term ‘expanded affiliated group’ means an means the product of— ‘‘(f) QUALIFYING PRODUCTION PROPERTY.— affiliated group as defined in section 1504(a), ‘‘(1) the portion of the modified taxable in- For purposes of this section— determined— come of the taxpayer which is attributable ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(i) by substituting ‘50 percent’ for ‘80 per- to domestic production activities, and vided in this paragraph, the term ‘qualifying cent’ each place it appears, and ‘‘(2) the domestic/foreign fraction. production property’ means— ‘‘(ii) without regard to paragraphs (2), (3), ‘‘(d) DETERMINATION OF INCOME ATTRIB- ‘‘(A) any tangible personal property, and (4) of section 1504(b). UTABLE TO DOMESTIC PRODUCTION ACTIVI- ‘‘(B) any computer software, and ‘‘(h) DEFINITIONS AND SPECIAL RULES.— TIES.—For purposes of this section— ‘‘(C) any films, tapes, records, or similar ‘‘(1) UNITED STATES.—For purposes of this ‘‘(1) IN GENERAL.—The portion of the modi- reproductions. section, the term ‘United States’ includes fied taxable income which is attributable to ‘‘(2) EXCLUSIONS FROM QUALIFYING PRODUC- the Commonwealth of Puerto Rico and any domestic production activities is so much of TION PROPERTY.—The term ‘qualifying pro- other possession of the United States. the modified taxable income for the taxable duction property’ shall not include— ‘‘(2) SPECIAL RULE FOR PARTNERSHIPS.—For year as does not exceed— ‘‘(A) consumable property that is sold, purposes of this section, a corporation’s dis- ‘‘(A) the taxpayer’s domestic production leased, or licensed by the taxpayer as an in- tributive share of any partnership item shall gross receipts for such taxable year, reduced tegral part of the provision of services, be taken into account as if directly realized by ‘‘(B) oil or gas (or any primary product by the corporation. ‘‘(B) the sum of— thereof), ‘‘(3) COORDINATION WITH MINIMUM TAX.—The ‘‘(i) the costs of goods sold that are allo- ‘‘(C) electricity, deduction under this section shall be allowed cable to such receipts, ‘‘(D) water supplied by pipeline to the con- for purposes of the tax imposed by section 55; ‘‘(ii) other deductions, expenses, or losses sumer, except that for purposes of section 55, alter- directly allocable to such receipts, and ‘‘(E) any unprocessed timber which is native minimum taxable income shall be ‘‘(iii) a ratable portion of other deductions, softwood, taken into account in determining the de- expenses, and losses that are not directly al- ‘‘(F) utility services, or duction under this section. locable to such receipts or another class of ‘‘(G) any property (not described in para- ‘‘(4) ORDERING RULE.—The amount of any income. graph (1)(B)) which is a film, tape, recording, other deduction allowable under this chapter ‘‘(2) ALLOCATION METHOD.—Except as pro- book, magazine, newspaper, or similar prop- shall be determined as if this section had not vided in regulations, allocations under erty the market for which is primarily top- been enacted. clauses (ii) and (iii) of paragraph (1)(B) shall ical or otherwise essentially transitory in ‘‘(5) COORDINATION WITH TRANSITION be made under the principles used in deter- nature. RULES.—For purposes of this section— mining the portion of taxable income from For purposes of subparagraph (E), the term ‘‘(A) domestic production gross receipts sources within and without the United ‘unprocessed timber’ means any log, cant, or shall not include gross receipts from any States. similar form of timber. transaction if the binding contract transi- ‘‘(3) SPECIAL RULE.— ‘‘(g) DOMESTIC/FOREIGN FRACTION.—For tion relief of section 2(c)(2) of the Job Pro- ‘‘(A) For purposes of determining costs purposes of this section— tection Act of 2003 applies to such trans- under clause (i) of paragraph (1)(B), any item ‘‘(1) IN GENERAL.—The term ‘domestic/for- action, and or service brought into the United States eign fraction’ means a fraction— ‘‘(B) any deduction allowed under section without a transfer price meeting the require- ‘‘(A) the numerator of which is the value of 2(e) of such Act shall be disregarded in deter- ments of section 482 shall be treated as ac- the domestic production of the taxpayer, and mining the portion of the taxable income quired by purchase, and its cost shall be ‘‘(B) the denominator of which is the value which is attributable to domestic production treated as not less than its value when it en- of the worldwide production of the taxpayer. gross receipts.’’. tered the United States. A similar rule shall ‘‘(2) VALUE OF DOMESTIC PRODUCTION.—The (b) CLERICAL AMENDMENT.—The table of apply in determining the adjusted basis of value of domestic production is the excess sections for part VIII of subchapter B of leased or rented property where the lease or of— chapter 1 of such Code is amended by adding rental gives rise to domestic production ‘‘(A) the domestic production gross re- at the end the following new item: gross receipts. ceipts, over ‘‘(B) In the case of any property described ‘‘(B) the cost of purchased inputs allocable ‘‘Sec. 250. Income attributable to domestic in subparagraph (A) that had been exported to such receipts that are deductible under production activities.’’. by the taxpayer for further manufacture, the this chapter for the taxable year. increase in cost (or adjusted basis) under ‘‘(3) PURCHASED INPUTS.— (c) EFFECTIVE DATE.—

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5660 CONGRESSIONAL RECORD — SENATE May 1, 2003 ‘‘(1) IN GENERAL.—The amendments made Some States have already recognized to the nursing home over two years by this section shall apply to taxable years the benefits of home and community ago. His life has dramatically changed beginning after 2005. based services. Every State offers cer- from when he lived in his own apart- ‘‘(2) APPLICATION OF SECTION 15.—Section 15 tain services under home and commu- ment and hired his own attendants to of the Internal Revenue Code of 1986 shall apply to the amendments made by this sec- nity based waiver programs, which care for him. MICASSA would give him tion as if they were changes in a rate of tax. serve a capped number of individuals that choice again—the choice to con- with an array of home and community trol his own life and live a full and By Mr. HARKIN (for himself, Mr. based services to meet their needs and meaningful life in his home community SPECTER, Mr. KENNEDY, Mr. avoid institutionalization. Some States surrounded by his friends and family. COCHRAN, Mr. BIDEN, Ms. LAN- also are now providing the personal Federal Medicaid policy should re- DRIEU, Mr. KERRY, Mr. CORZINE, care optional benefit through their flect the consensus reached in the ADA Mr. SCHUMER, Mrs. CLINTON, Medicaid program. that Americans with Disabilities and Mr. DAYTON): However, despite this market should have equal opportunity to con- S. 971. A bill to amend title XIX of progress, home and community based tribute to our communities and par- the Social Security Act to provide in- services are unevenly distributed with- ticipate in our society as full citizens. dividuals with disabilities and older in and across states and only reach a That means no one has to sacrifice Americans with equal access to com- small percentage of eligible individ- their full participation in society be- munity-based attendant services and uals. cause they need help getting out of the supports, and for other purposes; to the Those left behind are often needlessly house in the morning or assistance Committee on Finance. institutionalize because they cannot with personal care or some other basic Mr. HARKIN. Mr. President, today access community alternatives. A per- service. Senator SPECTER and I and others in- son with a disability’s civil right to be I am very pleased that the adminis- troduce the Medicaid Community- integrated into his or her community tration has included the Real Choice Based Attendant Services and Supports should not depend on his or her ad- Systems Change grants in its budget Act of 2003, MICASSA. This legislation dress. In Olmstead v. LC, the Supreme this year at $40 million dollars. Sen- is needed to truly bring people with Court recognized that needless institu- ator Specter and I have supported disabilities into the mainstream of so- tionalization is a form of discrimina- these grants for several years now. I ciety and provide equal opportunity for tion under the Americans With Disabil- also applaud the administration’s com- employment and community activities. ities Act. We in Congress have a re- mitment to The President’s New Free- In order to work or live in their own sponsibility to help States meet their dom Initiative for People with Disabil- homes, Americans with disabilities and obligations under Olmstead. ities and believe that this legislation older Americans need access to com- This MICASSA legislation is de- helps promote the goals of that initia- munity-based services and supports. signed to do just that and make the tive. Unfortunately, under current Federal promise of the ADA a reality. It will Community based attendant services Medicaid policy, the deck is stacked in help rebalance the current Medicaid and supports allow people with disabil- favor of living in an institution. The long term care system, which spends a ities to lead independent lives, have purpose of our bill is to level the play- disproportionate amount on institu- jobs, and participate in the commu- ing field and give eligible individuals tional services. For example, in 2000, nity. Some will become taxpayers, equal access to community-based serv- 49.5 billion dollars were spent on insti- some will get an education, and some ices and supports. tutional care, compared to 18.2 billion will participate in recreational and The Medicaid Community Attendant civic activities. But all will experience on community based care. In the same Services and Supports Act accom- a chance to make their own choices year, only 3 States spent 50 percent or plishes four goals. and govern their own lives. First, the bill amends Title XIX of more of their long term care funds This bill will open the door to full the Social Security Act to provide a under the Medicaid program on home participation by people with disabil- new Medicaid plan benefit that would and community based care. ities in our workplaces, our economy, And that means that individuals do give individuals who are currently eli- and our American Dream, and I urge not have equal access to community gible for nursing home services or an all my colleagues to support us on this based care throughout this country. An intermediate care facility for the men- issue. I want to thank Senator SPECTER individual should not be asked to move tally retarded equal access to commu- for his leadership on this issue and his nity-based attendant services and sup- to another state in order to avoid need- commitment to improving access to ports. less segregation. They also should not home and community based services Second, for a limited time, States be moved away from family and friends for people with disabilities. I would because their only choice is an institu- would have the opportunity to receive also like to thank Senators KENNEDY, tion. additional funds to support community COCHRAN, BIDEN, LANDRIEU, KERRY, For example, I know a young man in attendant services and supports and for CORZINE, SCHUMER, and CLINTON for Iowa, Ken Kendall, who is currently certain administrative activities. Each joining me in this important initiative. State currently gets Federal money for living in a nursing home because he I ask unanimous consent that the their Medicaid program based on a set cannot access home and community text of the bill be printed in the based care. Ken was injured in a seri- percentage. This percentage is the RECORD. Medicaid match rate. This bill would ous accident at the age of 17 and sus- There being no objection, the bill was increase that percentage to provide tained a spinal chord injury. With the ordered to be printed in the RECORD, as some additional funding to States to help of community based services cov- follows: help them reform their long term care ered by his insurance company, Ken S. 971 systems. could live in his home in Iowa City. Re- Be it enacted by the Senate and House of Rep- Third, the bill provides States with maining independent made a tremen- resentatives of the United States of America in financial assistance to support ‘‘real dous difference in his life. Congress assembled, choice systems change initiatives’’ However, several years ago, Ken lost SECTION 1. SHORT TITLE; TABLE OF CONTENTS. that include specific action steps to in- his health insurance and after a time, (a) SHORT TITLE.—This Act may be cited as crease the provision of home and com- he went onto Medicaid. As a Medicaid the ‘‘Medicaid Community-Based Attendant munity based services. recipient, Ken was only given the op- Services and Supports Act of 2003’’. tion to live in a nursing home in Wa- (b) TABLE OF CONTENTS.—The table of con- Finally, the bill establishes a dem- tents for this Act is as follows: onstration project to evaluate service terloo, almost two hours from his Sec. 1. Short title; table of contents. coordination and cost sharing ap- friends and family in Iowa City. In the Sec. 2. Findings and purposes. proaches with respect to the provision nursing home, Ken has become iso- TITLE I—ESTABLISHMENT OF MEDICAID of services and supports for individuals lated. He is very far from his family PLAN BENEFIT with disabilities under the age of 65 and friends and does not have access to Sec. 101. Coverage of community-based at- who are dually eligible for Medicaid transportation. He has not been to a tendant services and supports and Medicare. restaurant or a movie since he moved under the medicaid program.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0655 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5661 Sec. 102. Enhanced FMAP for ongoing ac- TITLE I—ESTABLISHMENT OF MEDICAID appropriate for each individual eligible for tivities of early coverage States PLAN BENEFIT such services and supports. that enhance and promote the SEC. 101. COVERAGE OF COMMUNITY-BASED AT- ‘‘(3) ASSURANCE OF NONDISCRIMINATION.— use of community-based attend- TENDANT SERVICES AND SUPPORTS That the State will provide community- ant services and supports. UNDER THE MEDICAID PROGRAM. based attendant services and supports to an Sec. 103. Increased Federal financial partici- (a) MANDATORY COVERAGE.—Section individual described in section pation for certain expenditures. 1902(a)(10)(D) of the Social Security Act (42 1902(a)(10)(D)(ii) without regard to the indi- TITLE II—PROMOTION OF SYSTEMS U.S.C. 1396a(a)(10)(D)) is amended— vidual’s age, type of disability, or the form CHANGE AND CAPACITY BUILDING (1) by inserting ‘‘(i)’’ after ‘‘(D)’’; of community-based attendant services and Sec. 201. Grants to promote systems change (2) by adding ‘‘and’’ after the semicolon; supports that the individual requires in and capacity building. and order to lead an independent life. Sec. 202. Demonstration project to enhance (3) by adding at the end the following new ‘‘(4) ASSURANCE OF MAINTENANCE OF EF- coordination of care under the clause: FORT.—That the level of State expenditures medicare and medicaid pro- ‘‘(ii) subject to section 1935, for the inclu- for optional medical assistance that— grams for non-elderly dual eli- sion of community-based attendant services ‘‘(A) is described in a paragraph other than gible individuals. and supports for any individual who— paragraphs (1) through (5), (17) and (21) of SEC. 2. FINDINGS AND PURPOSES. ‘‘(I) is eligible for medical assistance under section 1905(a) or that is provided under a (a) FINDINGS.—Congress makes the fol- the State plan; waiver under section 1915, section 1115, or lowing findings: ‘‘(II) with respect to whom there has been otherwise; and (1) Long-term services and supports pro- a determination that the individual requires ‘‘(B) is provided to individuals with disabil- vided under the medicaid program estab- the level of care provided in a nursing facil- ities or elderly individuals for a fiscal year, lished under title XIX of the Social Security ity or an intermediate care facility for the shall not be less than the level of such ex- Act (42 U.S.C. 1396 et seq.) must meet the mentally retarded (whether or not coverage penditures for the fiscal year preceding the ability and life choices of individuals with of such intermediate care facility is provided fiscal year in which the State plan amend- disabilities and older Americans, including under the State plan); and ment to provide community-based attendant the choice to live in one’s own home or with ‘‘(III) who chooses to receive such services services and supports in accordance with this one’s own family and to become a productive and supports;’’. section is approved. member of the community. (b) COMMUNITY-BASED ATTENDANT SERVICES ‘‘(c) REQUIREMENTS FOR ENHANCED FMAP (2) Research on the provision of long-term AND SUPPORTS.— FOR EARLY COVERAGE.—In addition to satis- services and supports under the medicaid (1) IN GENERAL.—Title XIX of the Social fying the other requirements for an approved program (conducted by and on behalf of the Security Act (42 U.S.C. 1396 et seq.) is plan amendment under this section, in order Department of Health and Human Services) amended— for a State to be eligible under subsection has revealed a significant funding bias to- (A) by redesignating section 1935 as section (a)(2) during the period described in that sub- ward institutional care. Only about 27 per- 1936; and section for the enhanced FMAP for early cent of long term care funds expended under (B) by inserting after section 1934 the fol- coverage under subsection (a)(2), the State the medicaid program, and only about 9 per- lowing: shall satisfy the following requirements: cent of all funds expended under that pro- ‘‘COMMUNITY-BASED ATTENDANT SERVICES AND ‘‘(1) SPECIFICATIONS.—With respect to a fis- gram, pay for services and supports in home SUPPORTS cal year, the State shall provide the Sec- and community-based settings. ‘‘SEC. 1935. (a) REQUIRED COVERAGE.— retary with the following specifications re- (3) In the case of medicaid beneficiaries ‘‘(1) IN GENERAL.—Not later than October 1, garding the provision of community-based who need long term care, the only long-term 2007, a State shall provide through a plan attendant services and supports under the care service currently guaranteed by Federal amendment for the inclusion of community- plan for that fiscal year: law in every State is nursing home care. based attendant services and supports (as de- ‘‘(A)(i) The number of individuals who are Only 27 States have adopted the benefit op- fined in subsection (g)(1)) for individuals de- estimated to receive community-based at- tion of providing personal care services scribed in section 1902(a)(10)(D)(ii) in accord- tendant services and supports under the plan under the medicaid program. Although every ance with this section. during the fiscal year. State has chosen to provide certain services ‘‘(2) ENHANCED FMAP AND ADDITIONAL FED- ‘‘(ii) The number of individuals that re- under home and community-based waivers, ceived such services and supports during the these services are unevenly available within ERAL FINANCIAL SUPPORT FOR EARLIER COV- preceding fiscal year. and across States, and reach a small percent- ERAGE.—Notwithstanding section 1905(b), ‘‘(B) The maximum number of individuals age of eligible individuals. In fiscal year 2000, during the period that begins on or after Oc- who will receive such services and supports only 3 States spent 50 percent or more of tober 1, 2003, and ends on September 30, 2007, under the plan during that fiscal year. their medicaid long term care funds under in the case of a State with an approved plan the medicaid program on home and commu- amendment under this section during that ‘‘(C) The procedures the State will imple- nity-based care. period that also satisfies the requirements of ment to ensure that the models for delivery (4) Despite the funding bias and the uneven subsection (c) the Federal medical assistance of such services and supports are consumer distribution of home and community-based percentage shall be equal to the enhanced controlled (as defined in subsection FMAP described in section 2105(b) with re- (g)(2)(B)). services, 21⁄2 times more people are served in home and community-based settings than in spect to medical assistance in the form of ‘‘(D) The procedures the State will imple- institutional settings. community-based attendant services and ment to inform all potentially eligible indi- (5) The goals of the Nation properly in- supports provided to individuals described in viduals and relevant other individuals of the clude providing families of children with dis- section 1902(a)(10)(D)(ii) in accordance with availability of such services and supports abilities, working-age adults with disabil- this section. under the this title, and of other items and ities, and older Americans with— ‘‘(b) DEVELOPMENT AND IMPLEMENTATION OF services that may be provided to the indi- (A) a meaningful choice of receiving long- BENEFIT.—In order for a State plan amend- vidual under this title or title XVIII. term services and supports in the most inte- ment to be approved under this section, a ‘‘(E) The procedures the State will imple- grated setting appropriate to their needs; State shall provide the Secretary with the ment to ensure that such services and sup- (B) the greatest possible control over the following assurances: ports are provided in accordance with the re- services received and, therefore, their own ‘‘(1) ASSURANCE OF DEVELOPMENT AND IM- quirements of subsection (b)(1). lives and futures; and PLEMENTATION COLLABORATION.—That the ‘‘(F) The procedures the State will imple- (C) quality services that maximize inde- State has developed and shall implement the ment to actively involve individuals with pendence in the home and community, in- provision of community-based attendant disabilities, elderly individuals, and rep- cluding in the workplace. services and supports under the State plan resentatives of such individuals in the de- (b) PURPOSES.—The purposes of this Act through active collaboration with— sign, delivery, administration, and evalua- are the following: ‘‘(A) individuals with disabilities; tion of the provision of such services and (1) To reform the medicaid program estab- ‘‘(B) elderly individuals; supports under this title. lished under title XIX of the Social Security ‘‘(C) representatives of such individuals; ‘‘(2) PARTICIPATION IN EVALUATIONS.—The Act (42 U.S.C. 1396 et seq.) to provide equal and State shall provide the Secretary with such access to community-based attendant serv- ‘‘(D) providers of, and advocates for, serv- substantive input into, and participation in, ices and supports. ices and supports for such individuals. the design and conduct of data collection, (2) To provide financial assistance to ‘‘(2) ASSURANCE OF PROVISION ON A STATE- analyses, and other qualitative or quan- States as they reform their long-term care WIDE BASIS AND IN MOST INTEGRATED SET- titative evaluations of the provision of com- systems to provide comprehensive statewide TING.—That community-based attendant munity-based attendant services and sup- long-term services and supports, including services and supports will be provided under ports under this section as the Secretary community-based attendant services and the State plan to individuals described in deems necessary in order to determine the supports that provide consumer choice and section 1902(a)(10)(D)(ii) on a statewide basis effectiveness of the provision of such serv- direction, in the most integrated setting ap- and in a manner that provides such services ices and supports in allowing the individuals propriate. and supports in the most integrated setting receiving such services and supports to lead

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5662 CONGRESSIONAL RECORD — SENATE May 1, 2003 an independent life to the maximum extent ‘‘(1) individuals eligible for medical assist- care facility for the mentally retarded to a possible. ance under this title; community-based home setting where the in- ‘‘(d) QUALITY ASSURANCE PROGRAM.— ‘‘(2) States; and dividual resides. ‘‘(1) STATE RESPONSIBILITIES.—In order for ‘‘(3) the Federal Government. ‘‘(2) ADDITIONAL DEFINITIONS.— a State plan amendment to be approved ‘‘(f) NO EFFECT ON ABILITY TO PROVIDE ‘‘(A) ACTIVITIES OF DAILY LIVING.—The under this section, a State shall establish COVERAGE UNDER A WAIVER.— term ‘activities of daily living’ includes eat- and maintain a quality assurance program ‘‘(1) IN GENERAL.—Nothing in this section ing, toileting, grooming, dressing, bathing, with respect to community-based attendant shall be construed as affecting the ability of and transferring. services and supports that provides for the a State to provide coverage under the State ‘‘(B) CONSUMER CONTROLLED.—The term following: plan for community-based attendant services ‘consumer controlled’ means a method of ‘‘(A) The State shall establish require- and supports (or similar coverage) under a providing services and supports that allow ments, as appropriate, for agency-based and waiver approved under section 1915, section the individual, or where appropriate, the in- other delivery models that include— 1115, or otherwise. dividual’s representative, maximum control ‘‘(i) minimum qualifications and training ‘‘(2) ELIGIBILITY FOR ENHANCED MATCH.—In of the community-based attendant services the case of a State that provides coverage for requirements for agency-based and other and supports, regardless of who acts as the such services and supports under a waiver, models; employer of record. the State shall not be eligible under sub- ‘‘(ii) financial operating standards; and ‘‘(C) DELIVERY MODELS.— section (a)(2) for the enhanced FMAP for the ‘‘(iii) an appeals procedure for eligibility ‘‘(i) AGENCY-PROVIDER MODEL.—The term early provision of such coverage unless the denials and a procedure for resolving dis- ‘agency-provider model’ means, with respect State submits a plan amendment to the Sec- agreements over the terms of an individual- retary that meets the requirements of this to the provision of community-based attend- ized plan. section. ant services and supports for an individual, a ‘‘(B) The State shall modify the quality as- ‘‘(g) DEFINITIONS.—In this title: method of providing consumer controlled surance program, as appropriate, to maxi- ‘‘(1) COMMUNITY-BASED ATTENDANT SERVICES services and supports under which entities mize consumer independence and consumer AND SUPPORTS.— contract for the provision of such services control in both agency-provided and other ‘‘(A) IN GENERAL.—The term ‘community- and supports. delivery models. based attendant services and supports’ ‘‘(ii) OTHER MODELS.—The term ‘other mod- ‘‘(C) The State shall provide a system that means attendant services and supports fur- els’ means methods, other than an agency- allows for the external monitoring of the nished to an individual, as needed, to assist provider model, for the provision of con- quality of services and supports by entities in accomplishing activities of daily living, sumer controlled services and supports. Such consisting of consumers and their represent- instrumental activities of daily living, and models may include the provision of vouch- atives, disability organizations, providers, health-related functions through hands-on ers, direct cash payments, or use of a fiscal families of disabled or elderly individuals, assistance, supervision, or cueing— agent to assist in obtaining services. members of the community, and others. ‘‘(i) under a plan of services and supports ‘‘(D) HEALTH-RELATED FUNCTIONS.—The ‘‘(D) The State shall provide for ongoing that is based on an assessment of functional term ‘health-related functions’ means func- monitoring of the health and well-being of need and that is agreed to by the individual tions that can be delegated or assigned by li- each individual who receives community- or, as appropriate, the individual’s represent- censed health-care professionals under State based attendant services and supports. ative; law to be performed by an attendant. ‘‘(E) The State shall require that quality ‘‘(ii) in a home or community setting, ‘‘(E) INSTRUMENTAL ACTIVITIES OF DAILY assurance mechanisms appropriate for the which may include a school, workplace, or LIVING.—The term ‘instrumental activities of individual be included in the individual’s recreation or religious facility, but does not daily living’ includes meal planning and written plan. include a nursing facility or an intermediate preparation, managing finances, shopping for ‘‘(F) The State shall establish a process for care facility for the mentally retarded; food, clothing, and other essential items, the mandatory reporting, investigation, and ‘‘(iii) under an agency-provider model or performing essential household chores, com- resolution of allegations of neglect, abuse, or other model (as defined in paragraph (2)(C)); municating by phone and other media, and exploitation in connection with the provi- and traveling around and participating in the sion of such services and supports. ‘‘(iv) the furnishing of which is selected, community. ‘‘(G) The State shall obtain meaningful managed, and dismissed by the individual, ‘‘(F) INDIVIDUAL’S REPRESENTATIVE.—The consumer input, including consumer surveys, or, as appropriate, with assistance from the term ‘individual’s representative’ means a that measure the extent to which an indi- individual’s representative. parent, a family member, a guardian, an ad- vidual receives the services and supports de- ‘‘(B) INCLUDED SERVICES AND SUPPORTS.— vocate, or an authorized representative of an scribed in the individual’s plan and the indi- Such term includes— individual.’’. vidual’s satisfaction with such services and ‘‘(i) tasks necessary to assist an individual supports. in accomplishing activities of daily living, (c) CONFORMING AMENDMENTS.— ‘‘(H) The State shall make available to the instrumental activities of daily living, and (1) MANDATORY BENEFIT.—Section public the findings of the quality assurance health-related functions; 1902(a)(10)(A) of the Social Security Act (42 program. ‘‘(ii) the acquisition, maintenance, and en- U.S.C. 1396a(a)(10)(A)) is amended, in the ‘‘(I) The State shall establish an ongoing hancement of skills necessary for the indi- matter preceding clause (i), by striking ‘‘(17) public process for the development, imple- vidual to accomplish activities of daily liv- and (21)’’ and inserting ‘‘(17), (21), and (27)’’. mentation, and review of the State’s quality ing, instrumental activities of daily living, (2) DEFINITION OF MEDICAL ASSISTANCE.— assurance program. and health-related functions; Section 1905(a) of the Social Security Act (42 ‘‘(J) The State shall develop and imple- ‘‘(iii) backup systems or mechanisms (such U.S.C. 1396d) is amended— ment a program of sanctions for providers of as the use of beepers) to ensure continuity of (A) by striking ‘‘and’’ at the end of para- community-based services and supports that services and supports; and graph (26); violate the terms or conditions for the provi- ‘‘(iv) voluntary training on how to select, (B) by redesignating paragraph (27) as sion of such services and supports. manage, and dismiss attendants. paragraph (28); and (C) by inserting after paragraph (26) the ‘‘(2) FEDERAL RESPONSIBILITIES.— ‘‘(C) EXCLUDED SERVICES AND SUPPORTS.— ‘‘(A) PERIODIC EVALUATIONS.—The Sec- Subject to subparagraph (D), such term does following: retary shall conduct a periodic sample re- not include— ‘‘(27) community-based attendant services view of outcomes for individuals who receive ‘‘(i) the provision of room and board for the and supports (to the extent allowed and as community-based attendant services and individual; defined in section 1935); and’’. supports under this title. ‘‘(ii) special education and related services (3) IMD/ICFMR REQUIREMENTS.—Section ‘‘(B) INVESTIGATIONS.—The Secretary may provided under the Individuals with Disabil- 1902(a)(10)(C)(iv) of the Social Security Act conduct targeted reviews and investigations ities Education Act and vocational rehabili- (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by upon receipt of an allegation of neglect, tation services provided under the Rehabili- inserting ‘‘and (27)’’ after ‘‘(24)’’. abuse, or exploitation of an individual re- tation Act of 1973; (d) EFFECTIVE DATES.— ceiving community-based attendant services ‘‘(iii) assistive technology devices and as- (1) IN GENERAL.—Except as provided in and supports under this section. sistive technology services; paragraph (2), the amendments made by this ‘‘(C) DEVELOPMENT OF PROVIDER SANCTION ‘‘(iv) durable medical equipment; or section (other than the amendment made by GUIDELINES.—The Secretary shall develop ‘‘(v) home modifications. subsection (c)(1)) take effect on October 1, guidelines for States to use in developing the ‘‘(D) FLEXIBILITY IN TRANSITION TO COMMU- 2003, and apply to medical assistance pro- sanctions required under paragraph (1)(J). NITY-BASED HOME SETTING.—Such term may vided for community-based attendant serv- ‘‘(e) REPORTS.—The Secretary shall submit include expenditures for transitional costs, ices and supports described in section 1935 of to Congress periodic reports on the provision such as rent and utility deposits, first the Social Security Act furnished on or after of community-based attendant services and month’s rent and utilities, bedding, basic that date. supports under this section, particularly kitchen supplies, and other necessities re- (2) MANDATORY BENEFIT.—The amendment with respect to the impact of the provision quired for an individual to make the transi- made by subsection (c)(1) takes effect on Oc- of such services and supports on— tion from a nursing facility or intermediate tober 1, 2007.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5663 SEC. 102. ENHANCED FMAP FOR ONGOING AC- prises that provide community-based attend- TITLE II—PROMOTION OF SYSTEMS TIVITIES OF EARLY COVERAGE ant services and supports or related services. CHANGE AND CAPACITY BUILDING STATES THAT ENHANCE AND PRO- ‘‘(I) Activities designed to ensure service SEC. 201. GRANTS TO PROMOTE SYSTEMS MOTE THE USE OF COMMUNITY- and systems coordination. BASED ATTENDANT SERVICES AND CHANGE AND CAPACITY BUILDING. SUPPORTS. ‘‘(J) Any other services or activities that (a) AUTHORITY TO AWARD GRANTS.— (a) IN GENERAL.—Section 1935 of the Social the Secretary deems appropriate.’’. (1) IN GENERAL.—The Secretary of Health Security Act, as added by section 101(b), is (b) EFFECTIVE DATE.—The amendments and Human Services (in this section referred amended— made by subsection (a) take effect on Octo- to as the ‘‘Secretary’’) shall award grants to (1) by redesignating subsections (d) ber 1, 2003. eligible States to carry out the activities de- scribed in subsection (b). through (g) as subsections (f) through (i), re- SEC. 103. INCREASED FEDERAL FINANCIAL PAR- spectively; TICIPATION FOR CERTAIN EXPENDI- (2) APPLICATION.—In order to be eligible for (2) in subsection (a)(1), by striking ‘‘sub- TURES. a grant under this section, a State shall sub- section (g)(1)’’ and inserting ‘‘subsection mit to the Secretary an application in such (a) IN GENERAL.—Section 1935 of the Social (i)(1)’’; form and manner, and that contains such in- Security Act, as added by section 101(b) and (3) in subsection (a)(2), by inserting ‘‘, and formation, as the Secretary may require. amended by section 102, is amended by in- with respect to expenditures described in (b) PERMISSIBLE ACTIVITIES.—A State that serting after subsection (d) the following: subsection (d), the Secretary shall pay the receives a grant under this section may use State the amount described in subsection ‘‘(e) INCREASED FEDERAL FINANCIAL PAR- funds provided under the grant for any of the (d)(1)’’ before the period; TICIPATION FOR CERTAIN EXPENDITURES.— following activities, focusing on areas of (4) in subsection (c)(1)(C), by striking ‘‘sub- ‘‘(1) ELIGIBILITY FOR PAYMENT.— need identified by the State and the Con- section (g)(2)(B)’’ and inserting ‘‘subsection ‘‘(A) IN GENERAL.—In the case of a State sumer Task Force established under sub- (i)(2)(B)’’; and that the Secretary determines satisfies the section (c): (5) by inserting after subsection (c), the requirements of subparagraph (B), the Sec- (1) The development and implementation following: retary shall pay the State the amounts de- of the provision of community-based attend- ‘‘(d) INCREASED FEDERAL FINANCIAL PAR- scribed in paragraph (2) in addition to any ant services and supports under section 1935 TICIPATION FOR EARLY COVERAGE STATES other payments provided for under section of the Social Security Act (as added by sec- THAT MEET CERTAIN BENCHMARKS.— 1903 or this section for the provision of com- tion 101(b) and amended by sections 102 and ‘‘(1) IN GENERAL.—Subject to paragraph (2), munity-based attendant services and sup- 103) through active collaboration with— for purposes of subsection (a)(2), the amount ports. (A) individuals with disabilities; and expenditures described in this subsection ‘‘(B) REQUIREMENTS.—The requirements of (B) elderly individuals; are an amount equal to the Federal medical this subparagraph are the following: (C) representatives of such individuals; and assistance percentage, increased by 10 per- ‘‘(i) The State has an approved plan (D) providers of, and advocates for, services centage points, of the expenditures incurred amendment under this section. and supports for such individuals. by the State for the provision or conduct of ‘‘(ii) The State has incurred expenditures (2) Substantially involving individuals the services or activities described in para- described in paragraph (2). with significant disabilities and representa- graph (3). ‘‘(iii) The State develops and submits to tives of such individuals in jointly devel- ‘‘(2) EXPENDITURE CRITERIA.—A State the Secretary criteria to identify and select oping, implementing, and continually im- shall— such expenditures in accordance with the re- proving a mutually acceptable comprehen- ‘‘(A) develop criteria for determining the quirements of paragraph (3). sive, effectively working statewide plan for expenditures described in paragraph (1) in ‘‘(iv) The Secretary determines that pay- preventing and alleviating unnecessary in- collaboration with the individuals and rep- ment of the applicable percentage of such ex- stitutionalization of such individuals. resentatives described in subsection (b)(1); penditures (as determined under paragraph (3) Engaging in system change and other and (2)(B)) would enable the State to provide a activities deemed necessary to achieve any ‘‘(B) submit such criteria for approval by meaningful choice of receiving community- or all of the goals of such statewide plan. the Secretary. based services and supports to individuals (4) Identifying and remedying disparities ‘‘(3) SERVICES AND ACTIVITIES DESCRIBED.— with disabilities and elderly individuals who and gaps in services to classes of individuals For purposes of paragraph (1), the services would otherwise only have the option of re- with disabilities and elderly individuals who and activities described in this subparagraph ceiving institutional care. are currently experiencing or who face sub- are the following: ‘‘(2) AMOUNTS AND EXPENDITURES DE- stantial risk of unnecessary institutionaliza- ‘‘(A) One-stop intake, referral, and institu- SCRIBED.— tion. tional diversion services. ‘‘(A) EXPENDITURES IN EXCESS OF 150 PER- (5) Building and expanding system capacity ‘‘(B) Identifying and remedying gaps and CENT OF BASELINE AMOUNT.—The amounts to offer quality consumer controlled commu- inequities in the State’s current provision of and expenditures described in this paragraph nity-based services and supports to individ- long-term services, particularly those serv- are an amount equal to the applicable per- uals with disabilities and elderly individuals, ices that are provided based on such factors centage, as determined by the Secretary in including by— as age, disability type, ethnicity, income, in- accordance with subparagraph (B), of the ex- (A) seeding the development and effective stitutional bias, or other similar factors. penditures incurred by the State for the pro- use of community-based attendant services ‘‘(C) Establishment of consumer participa- vision of community-based attendant serv- and supports cooperatives, independent liv- tion and consumer governance mechanisms, ices and supports to an individual that ex- ing centers, small businesses, microenter- such as cooperatives and regional service au- ceed 150 percent of the average cost of pro- prises and similar joint ventures owned and thorities, that are managed and controlled viding nursing facility services to an indi- controlled by individuals with disabilities or by individuals with significant disabilities vidual who resides in the State and is eligi- representatives of such individuals and com- who use community-based services and sup- ble for such services under this title, as de- munity-based attendant services and sup- ports or their representatives. termined in accordance with criteria estab- ports workers; ‘‘(D) Activities designed to enhance the lished by the Secretary. (B) enhancing the choice and control indi- skills, earnings, benefits, supply, career, and ‘‘(B) APPLICABLE PERCENTAGE.—The Sec- viduals with disabilities and elderly individ- future prospects of workers who provide retary shall establish a payment scale for uals exercise, including through their rep- community-based attendant services and the expenditures described in subparagraph resentatives, with respect to the personal as- supports. (A) so that the Federal financial participa- sistance and supports they rely upon to lead ‘‘(E) Continuous improvement activities tion for such expenditures gradually in- independent, self-directed lives; that are designed to ensure and enhance the creases from 70 percent to 90 percent as such (C) enhancing the skills, earnings, benefits, health and well-being of individuals who rely expenditures increase. supply, career, and future prospects of work- on community-based attendant services and ‘‘(3) SPECIFICATION OF ORDER OF SELECTION ers who provide community-based attendant supports, particularly activities involving or FOR EXPENDITURES.—In order to receive the services and supports; initiated by consumers of such services and amounts described in paragraph (2), a State (D) engaging in a variety of needs assess- supports or their representatives. shall— ment and data gathering; ‘‘(F) Family support services to augment ‘‘(A) develop, in collaboration with the in- (E) developing strategies for modifying the efforts of families and friends to enable dividuals and representatives described in policies, practices, and procedures that re- individuals with disabilities of all ages to subsection (b)(1) and pursuant to guidelines sult in unnecessary institutional bias or the live in their own homes and communities. established by the Secretary, criteria to overmedicalization of long-term services and ‘‘(G) Health promotion and wellness serv- identify and select the expenditures sub- supports; ices and activities. mitted under that paragraph; and (F) engaging in interagency coordination ‘‘(H) Provider recruitment and enhance- ‘‘(B) submit such criteria to the Sec- and single point of entry activities; ment activities, particularly such activities retary.’’. (G) providing training and technical assist- that encourage the development and mainte- (b) EFFECTIVE DATE.—The amendment ance with respect to the provision of commu- nance of consumer controlled cooperatives made by subsection (a) takes effect on Octo- nity-based attendant services and supports; or other small businesses or microenter- ber 1, 2003. (H) engaging in—

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5664 CONGRESSIONAL RECORD — SENATE May 1, 2003 (i) public awareness campaigns; (1) IN GENERAL.—There is authorized to be such services based on functional need, (ii) facility-to-community transitional ac- appropriated to carry out this section, without regard to the individual’s age tivities; and $50,000,000 for each of fiscal years 2004 or the nature of the disability. The (iii) demonstrations of new approaches; through 2006. most recent data available tell us that and (2) AVAILABILITY.—Amounts appropriated (I) engaging in other systems change ac- to carry out this section shall remain avail- 58.5 million individuals receive care for tivities necessary for developing, imple- able without fiscal year limitation. disabilities under the Medicaid pro- menting, or evaluating a comprehensive SEC. 202. DEMONSTRATION PROJECT TO EN- gram. The number of disabled who are statewide system of community-based at- HANCE COORDINATION OF CARE not currently enrolled in the program tendant services and supports. UNDER THE MEDICARE AND MED- who would apply for this improved ben- (6) Ensuring that the activities funded by ICAID PROGRAMS FOR NON-ELDER- efit is not easily counted, but would LY DUAL ELIGIBLE INDIVIDUALS. the grant are coordinated with other efforts likely be substantial given the pref- to increase personal attendant services and (a) DEFINITIONS.—In this section: (1) NON-ELDERLY DUALLY ELIGIBLE INDI- erence of home and community-based supports, including— care over institutional care. (A) programs funded under or amended by VIDUAL.—The term ‘‘non-elderly dually eligi- the Ticket to Work and Work Incentives Im- ble individual’’ means an individual who— Under this proposal, States may provement Act of 1999 (Public Law 106–170; (A) has not attained age 65; and apply for grants for assistance in im- 113 Stat. 1860); (B) is enrolled in the medicare and med- plementing ‘‘systems change’’ initia- (B) grants funded under the Families of icaid programs established under titles XVIII tives, in order to eliminate the institu- Children With Disabilities Support Act of and XIX, respectively, of the Social Security tional bias in their current policies and 2000 (42 U.S.C. 15091 et seq.); and Act (42 U.S.C. 1395 et seq., 1396 et seq.). for needs assessment activities. Fur- (C) other initiatives designed to enhance (2) PROJECT.—The term ‘‘project’’ means the demonstration project authorized to be ther, if a state can show that the ag- the delivery of community-based services gregate amounts of Federal expendi- and supports to individuals with disabilities conducted under this section. and elderly individuals. (3) SECRETARY.—The term ‘‘Secretary’’ tures on people living in the commu- (7) Engaging in transition partnership ac- means the Secretary of Health and Human nity exceeds what would have been tivities with nursing facilities and inter- Services. spent on the same people had they been mediate care facilities for the mentally re- (b) AUTHORITY TO CONDUCT PROJECT.—The in nursing homes, the state can limit tarded that utilize and build upon items and Secretary shall conduct a project under this the program. No limiting mechanism is services provided to individuals with disabil- section for the purpose of evaluating service mandated under this bill, And finally, ities or elderly individuals under the med- coordination and cost-sharing approaches with respect to the provision of community- States would be required to maintain icaid program under title XIX of the Social expenditures for attendant care serv- Security Act, or by Federal, State, or local based services and supports to non-elderly housing agencies, independent living centers, dually eligible individuals. ices under other Medicaid community- and other organizations controlled by con- (c) REQUIREMENTS.— based programs, thereby preventing sumers or their representatives. (1) NUMBER OF PARTICIPANTS.—Not more the states from shifting patients into (c) CONSUMER TASK FORCE.— than 5 States may participate in the project. the new benefit proposed under this (1) ESTABLISHMENT AND DUTIES.—To be eli- (2) APPLICATION.—A State that desires to bill. gible to receive a grant under this section, participate in the project shall submit an ap- Let me speak briefly about why such each State shall establish a Consumer Task plication to the Secretary, at such time and a change in Medicaid law is so des- in such form and manner as the Secretary Force (referred to in this subsection as the perately needed. In 1999 the Supreme ‘‘Task Force’’) to assist the State in the de- shall specify. (3) DURATION.—The project shall be con- Court held in Olmstead v. L.C., 119 S. velopment, implementation, and evaluation Ct. 2176 (1999), that the Americans with of real choice systems change initiatives. ducted for at least 5, but not more than 10 (2) APPOINTMENT.—Members of the Task years. Disabilities Act, ADA, requires States, Force shall be appointed by the Chief Execu- (d) EVALUATION AND REPORT.— under some circumstances, to provide tive Officer of the State in accordance with (1) EVALUATION.—Not later than 1 year community-based treatment to persons the requirements of paragraph (3), after the prior to the termination date of the project, with mental disabilities rather than solicitation of recommendations from rep- the Secretary, in consultation with States placing them in institutions. This deci- participating in the project, representatives resentatives of organizations representing a sion and several lower court decisions broad range of individuals with disabilities, of non-elderly dually eligible individuals, and others, shall evaluate the impact and ef- have pointed to the need for a struc- elderly individuals, representatives of such tured Medicaid attendant-care services individuals, and organizations interested in fectiveness of the project. individuals with disabilities and elderly indi- (2) REPORT.—The Secretary shall submit a benefit in order to meet obligations viduals. report to Congress that contains the findings under the ADA. Disability advocates (3) COMPOSITION.— of the evaluation conducted under paragraph strongly support this legislation, argu- (A) IN GENERAL.—The Task Force shall rep- (1) along with recommendations regarding ing that the lack of Medicaid commu- resent a broad range of individuals with dis- whether the project should be extended or nity-based services options is discrimi- expanded, and any other legislative or ad- abilities from diverse backgrounds and shall natory and unhealthful for disabled in- include representatives from Developmental ministrative actions that the Secretary con- siders appropriate as a result of the project. dividuals. Virtually every major dis- Disabilities Councils, Mental Health Coun- ability advocacy group supports this cils, State Independent Living Centers and (e) AUTHORIZATION OF APPROPRIATIONS.— Councils, Commissions on Aging, organiza- There are authorized to be appropriated such bill, including ADAPT, the Arc, the tions that provide services to individuals sums as are necessary to carry out this sec- National Council on Independent Liv- with disabilities and consumers of long-term tion. ing, Paralyzed Veterans of America, services and supports. Mr. SPECTER. Mr. President, I have and the National Spinal Cord Injury (B) INDIVIDUALS WITH DISABILITIES.—A ma- sought recognition to join Senator TOM Association. jority of the members of the Task Force HARKIN, my colleague and distin- Senator HARKIN and I recognize that shall be individuals with disabilities or rep- guished ranking member of the Appro- such a shift in the Medicaid program is resentatives of such individuals. priations Subcommittee on Labor, a huge undertaking—but feel that it is (C) LIMITATION.—The Task Force shall not Health and Human Services and Edu- a vitally important one. We are intro- include employees of any State agency pro- cation, which I chair, in introducing viding services to individuals with disabil- ducing this legislation today in an at- ities other than employees of entities de- the ‘‘Medicaid Attendant Care Services tempt to move ahead with the consid- scribed in the Developmental Disabilities As- and Supports Act of 2003.’’ This cre- eration of crucial disability legislation sistance and Bill of Rights Act of 2000 (42 ative proposal addresses a glaring gap and to provide a starting point for de- U.S.C. 15001 et seq.). in Federal health coverage, and assists bate. The time has come for concerted (d) ANNUAL REPORT.— one of our Nation’s most vulnerable action in this arena. (1) STATES.—A State that receives a grant populations, persons with disabilities. I urge the Congressional leadership, under this section shall submit an annual re- In an effort to improve the delivery including the appropriate committee port to the Secretary on the use of funds pro- of care and the comfort of those with chairmen, to move forward in consid- vided under the grant in such form and man- ner as the Secretary may require. long-term disabilities, this vital legis- ering this legislation, and take the sig- (2) SECRETARY.—The Secretary shall sub- lation would allow for reimbursement nificant next step forward in achieving mit to Congress an annual report on the for community-based attendant care the objective of providing individuals grants made under this section. services, in lieu of institutionalization, with disabilities the freedom to live in (e) AUTHORIZATION OF APPROPRIATIONS.— for eligible individuals who require their own communities.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5665 By Mr. COLEMAN: eign-based insurance companies that want to manner not inconsistent with the Constitu- S. 972. A bill to clarify the authority do business in such States. tion of the United States. of States to establish conditions for in- (10) Holocaust victims and their families (d) DEFINITIONS.—In this section: surers to conduct the business of insur- should be able to recover claims on Holo- (1) COVERED CLAIM.—The term ‘‘covered ance within a State based on the provi- caust era insurance policies in Federal court claim’’ means a claim against a covered for- when they consider it necessary to seek re- eign insurance company that arises out of sion of information regarding Holo- dress through the judicial system. the insurance coverage involved in an origi- caust era insurance policies of the in- SEC. 3. STATE AUTHORITY TO ESTABLISH RE- nal request. surer, to establish a Federal cause of QUIREMENTS FOR CONDUCTING IN- (2) ORIGINAL REQUEST.—The term ‘‘original action for claims for payment of such SURANCE BUSINESS. request’’ means a request that— insurance policies, and for other pur- (a) IN GENERAL.—A State may establish re- (A) seeks payment of any claim on insur- poses; to the Committee on the Judici- quirements on insurers as a condition of ance coverage that— doing insurance business in that State, to ary. (i) was provided by a covered foreign insur- the extent such requirements are consistent ance company; Mr. COLEMAN. Mr. President, I ask with the due process guarantees of the Con- unanimous consent that the bill I in- (ii) had as the policyholder, insured, or stitution of the United States, as follows: beneficiary a listed Holocaust victim; and troduce today to clarify the authority (1) INFORMATION REQUIREMENTS.—The State (iii) was in effect during any portion of the of States to establish conditions for in- may require that an insurer provide to the 13-year period beginning with 1933 and end- surers to conduct the business of insur- State the following information regarding ing with 1945; and ance within a State based on the provi- Holocaust era insurance policies: (B) was made by a listed Holocaust victim, (A) Whether the insurer, or any affiliate or sion of information regarding Holo- or the heirs of beneficiaries of such victim, predecessor company, sold any such policies. to the covered foreign insurance company or caust era insurance policies of the in- (B) The number of such policies sold by the the International Commission on Holocaust surer, to establish a Federal cause of insurer, and any affiliates and predecessor Era Insurance Claims. action for claims of payment of such companies, and the number the insurer and (3) COVERED FOREIGN INSURANCE COMPANY.— insurance policies, and for other pur- its affiliates currently have in their posses- The term ‘‘covered foreign insurance com- sion. poses be printed in the RECORD. pany’’ means each of the following compa- (C) The identity of the holder and bene- There being no objection, the bill was nies, and its affiliates and predecessor com- ficiary of each such policy sold or held and ordered to be printed in the RECORD, as panies: the current status of each such policy. follows: (A) Assicurazioni Generali S.p.A. (D) The city of origin, domicile, and ad- S. 972 dress for each policyholder listed. (B) Union Des Assurances de Paris. Be it enacted by the Senate and House of Rep- (E) If an insurer has no such policies to re- (C) Victoria Lebenversicherungs AG. resentatives of the United States of America in port because records are no longer in the (D) Winterthur Lebensversicherungs Ge- Congress assembled, possession of the insurer or its affiliates, a sellschaft. SECTION 1. SHORT TITLE. statement explaining the reasons for the (E) Allianz Lebensversicherungs AG. This Act may be cited as the ‘‘Comprehen- lack of possession of such records. (F) Wiener Allianz Versicherungs AG. sive Holocaust Accountability in Insurance (F) Any other information regarding such (G) Riunione Adriatica di Sicurta. Act’’. policies as the State considers appropriate. (H) Vereinte Lebensversicherungs AG. SEC. 2. FINDINGS. (2) REQUIREMENTS REGARDING PAYMENT OF (I) Basler Lebens-Versicherungs Gesell- Congress makes the following findings: POLICIES.—A State may require that an in- schaft. (1) Between 1933 and 1945, the Nazi regime surer certify that, with respect to any Holo- (J) Deutscher Ring Lebensversicherungs and its collaborators conducted systematic, caust era insurance policies sold or at any AG. bureaucratic, and State-sponsored persecu- time held by the insurer— (K) Nordstern Lebensversicherungs AG. tion and murder of approximately 6,000,000 (A) the proceeds of the policy were paid; (L) Gerling Konzern Lebensversicherungs Jews—the genocidal act known as the Holo- (B) the beneficiaries of the policy or heirs AG. caust. or such beneficiaries could not, after diligent (M) Manheimer Lebensversicherung AG. (2) Before and during World War II, mil- search, be located, and the proceeds were dis- (N) Der Anker. lions of European Jews purchased, in good tributed to Holocaust survivors or charities; (O) Allgemeine Versicherungs AG. faith, life insurance policies with certain Eu- (C) a court of law has certified a plan for (P) Zuerich Lebensversicherungs Gesell- ropean insurance companies because these the distribution of the proceeds; or schaft. policies were a popular form of savings and (D) the proceeds have not been distributed. (Q) Any other foreign insurance company investment that provided a means of safe- (b) HOLOCAUST ERA INSURANCE POLICIES.— that a State or the Attorney General deter- guarding family assets, assisting in retire- In this section, the term ‘‘Holocaust era in- mines was in a position to have financial ment planning, providing for a dowry, or sav- surance policy’’ means a policy for insurance dealings with any individual who was a vic- ing for the education of children. coverage that— tim of the Holocaust. (3) After the Nazis came to power in Ger- (1) was in force at any time during the pe- SEC. 5. LISTED HOLOCAUST VICTIMS. many, they systematically confiscated the riod beginning with 1920 and ending with In this Act, the term ‘‘listed Holocaust vic- insurance assets, including the cash value of 1945; and tim’’ means the following individuals: life insurance policies, of Jews and other des- (2) has a policy beneficiary, policyholder, (1) LIST OF SURVIVORS.—Any individual ignated enemies of the Nazi regime. or insured life that is a listed Holocaust vic- whose name is on the list of Jewish Holo- (4) After the conclusion of World War II, tim. caust Survivors maintained by the United European insurers often rejected insurance SEC. 4. FEDERAL CAUSE OF ACTION FOR COV- States Holocaust Memorial Museum in claims of Holocaust victims and heirs who ERED CLAIMS. Washington, D.C. (a) FEDERAL CAUSE OF ACTION.— lacked required documentation, such as (2) LIST OF DECEASED.—Any individual (1) IN GENERAL.—There shall exist a Fed- death certificates. whose name is on the list of individuals who eral cause of action for any covered claim. (5) During the 50 years since the end of the died in the Holocaust maintained by the Yad (2) STATUTE OF LIMITATIONS.—Any action war, only a small percentage of Holocaust Veshem of Jerusalem in its Hall of Names. brought under paragraph (1) shall be filed victims and their families have been success- (3) OTHER LISTS.—Any individual whose not later than 10 years after the date of the ful in collecting on their policies. name is on any list of Holocaust victims that enactment of this Act. is designated as appropriate for use under (6) In 1998, the International Commission (b) SUBJECT MATTER JURISDICTION.—The this Act by the chief executive officer of a on Holocaust Era Insurance Claims (ICHEIC) district courts shall have original jurisdic- State or a State insurance commissioner or was established by State insurance regu- tion of any civil action on a covered claim lators in the United States, European insur- (whether brought under subsection (a) or other principal insurance regulatory author- ers, and certain nongovernmental organiza- otherwise). ity of a State. tions to act as a facilitator between insurers (c) PERSONAL JURISDICTION.—Notwith- and beneficiaries to help expedite payouts on standing any provision of Rule 4 of the Fed- By Mr. NICKLES (for himself and contested insurance policies. eral Rules of Civil Procedure to the con- Mr. BREAUX): (7) To date ICHEIC has received more than trary, in a civil action on a covered claim S. 973. A bill to amend the Internal 90,000 claims and has only made 2,281 settle- (whether brought under subsection (a) or Revenue Code of 1986 to provide a ment offers, which amounts to a resolution otherwise) commenced in a district where shorter recovery period for the depre- rate of less than a 3 percent. the defendant is not a resident— ciation of certain restaurant buildings; (8) These insurance payments should to be (1) the court may exercise jurisdiction over expedited to the victims of the most heinous such defendant on any basis not inconsistent to the Committee on Finance. crime of the 20th Century to ensure that with the Constitution of the United States; Mr. NICKLES. Mr. President, I rise they do not become victims a second time. and today to introduce legislation to pro- (9) States should be allowed to collect Hol- (2) service of process, summons, and sub- vide that restaurant buildings are de- ocaust-era insurance information from for- poena may be made on such defendant in any preciated over 15 years instead of the

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5666 CONGRESSIONAL RECORD — SENATE May 1, 2003 current-law 39 years. My legislation hopeful the Senate will also enact this Department argues that the bill ap- will ensure that the tax laws more ac- important issue. pears to impermissibly favor religion curately reflect the true economic life As Chairman of the Labor, Health to ‘‘irreligion.’’ In drafting my legisla- of restaurant buildings. and Human Services and Education Ap- tion, I attempted to overcome such an Under current law, real estate prop- propriations Subcommittee, I have objection by conferring permission to erty and any improvements thereto strongly supported increased funding work in sawmills to all youths who generally must be depreciated over 39 for the enforcement of the important ‘‘are exempted from compulsory edu- years. However, restaurant buildings child safety protections contained in cation laws after the eighth grade.’’ In- undergo excessive wear and tear, and the Fair Labor Standards Act. I also deed, I think a broader focus is nec- are renovated on average every 6 to 8 believe, however, that accommodation essary to create a sufficient range of years. Requiring restaurant owners to must be made for youths who are ex- vocational opportunities for all youth depreciate these renovations over 39 empt from compulsory school-attend- who are legally out of school and in years leads to a mismatch of income ance laws after the eighth grade. It is need of vocational opportunities. and expenses, thereby increasing the extremely important that youths who I also believe that the logic of the tax consequence of making such im- are exempt from attending school be Supreme Court’s 1972 decision in Wis- provements. The long depreciation pe- provided with access to jobs and ap- consin v. Yoder supports my bill. In riod simply makes no economic sense. prenticeships in areas that offer em- Yoder, the Court held that Wisconsin’s In recent years, Congress has ployment where they live. compulsory school attendance law re- changed the depreciation schedules for The need for access to popular trades quiring children to attend school until competitors of owner-occupied res- is demonstrated by the Amish commu- the age of 16 violated the Free Exercise taurants. For example, convenience nity. In 1998, I toured an Amish saw- Clause. The Court found that the Wis- stores are depreciated over 15 years. In mill in Lancaster County, PA, and had consin law imposed a substantial bur- addition, leased properties, including the opportunity to meet with some of den on the free exercise of religion by leased restaurant space, can take ad- my Amish constituency. In December the Amish since attending school be- vantage of the temporary bonus depre- 2000, Representative PITTS and I held a yond the eighth grade ‘‘contravenes ciation incentives contained in the 2001 meeting in Gap, PA with over 20 mem- the basic religious tenets and practices economic stimulus bill. bers of the Amish community to hear of the Amish faith.’’ I believe a similar I believe that our tax laws should be their concerns on this issue. On May 3, argument can be made with respect to updated to treat restaurant property in 2001, I chaired a hearing of the Labor, Amish youth working in sawmills. As a more rational manner. That is why I Health and Human Services and Edu- their population grows and their sub- am introducing legislation to reduce cation Appropriations Subcommittee sistence through an agricultural way of the depreciable life of restaurant prop- to examine these issues. life decreases, trades such as sawmills erty from 39 years to 15 years. My leg- At the hearing the Amish explained become more and more crucial to the islation would ensure that all res- that while they once made their living continuation of their lifestyle. Barring taurants, either leased or owner-occu- almost entirely by farming, they have youths from the sawmills denies these pied, are treated equally. It would also increasingly had to expand into other youths the very vocational training ensure a level playing field between occupations as farmland has dis- and path to self-reliance that was cen- restaurants and their competitors. By appeared in many areas due to pressure tral to the Yoder Court’s holding that reducing the time period over which all from development. As a result, many of the Amish do not need the final two restaurants are depreciated, my bill the Amish have come to rely more and years of public education. will more accurately align a res- more on work in sawmills to make I offer my legislation with the hope taurant’s income and expenses. Accord- their living. The Amish culture expects that my colleagues will work with me ing to the National Restaurant Asso- youth, upon the completion of their to provide relief for the Amish commu- ciation, enacting this legislation would education at the age of 14, to begin to nity. generate an additional $3.7 billion in learn a trade that will enable them to cash flow for restaurants over the next become productive members of society. By Mr. SPECTER (for himself 10 years. This is money that could be In many areas, work in sawmills is one and Mr. SANTORUM): reinvested and, in turn, generate new of the major occupations available for S. 975. A bill to revise eligibility re- jobs. the Amish, whose belief system limits quirements applicable to essential air I look forward to working with my the types of jobs they may hold. Unfor- service subsidies; to the Committee on colleagues to enact my legislation that tunately, these youths are currently Commerce, Science, and Transpor- will provide more rational tax-treat- prohibited by law from employment in tation. ment of restaurants on a permanent this industry until they reach the age Mr. SPECTER. Mr. President, I have basis. by doing so, we will take an in- of 18. This prohibition threatens both sought recognition today to introduce cremental step toward modernizing the the religion and lifestyle of the Amish. legislation designed to improve the De- tax code’s outdated depreciation rules. Under my legislation, youths would partment of Transportation’s Essential not be allowed to operate power ma- Air Services program and reinstate By Mr. SPECTER (for himself chinery, but would be restricted to per- Lancaster, PA’s eligibility to receive and Mr. SANTORUM): forming activities such as sweeping, subsidized air service. S. 974. A bill to amend the Fair Labor stacking wood, and writing orders. My The Essential Air Services program Standards Act of 1938 to permit certain legislation requires that the youths provides operating subsidies to air- youth to perform certain work with must be protected from wood particles lines, enabling them to serve smaller wood products; to the Committee on or flying debris and wear protective markets which would otherwise be un- Health, Education, Labor, and Pen- equipment, all while under strict adult able to attract or retain commercial sions. supervision. The Department of Labor flights. To be eligible to receive such a Mr. SPECTER. Mr. President, I have must monitor these safeguards to in- subsidy, the community where the air- sought recognition today to introduce sure that they are enforced. port is located must be greater than 70 legislation designed to permit certain The Department of Justice has raised miles from the nearest large or me- youths, those exempt from attending serious concerns under the Establish- dium hub airport. If the airport is lo- school, between the ages of 14 and 18 to ment Clause with the House legisla- cated within 70 miles of a hub airport, work in sawmills under special safety tion. The House measure conferred ben- the Secretary of Transportation may conditions and close adult supervision. efits only to a youth who is a ‘‘member use his or her discretion to award a I introduced identical measures in the of a religious sect or division thereof subsidy if the most commonly used past three Congresses. Similar legisla- whose established teachings do not per- highway route between both places is tion introduced by my distinguished mit formal education beyond the greater than 70 miles. It is up to the colleague, Representative JOSEPH R. eighth grade.’’ By conferring the ‘‘ben- Department of Transportation to de- PITTS, has already passed in the House efit’’ of working in a sawmill only to termine what route is used in making in the 105th and 106th Congresses. I am the adherents of certain religions, the this mileage determination.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5667 Residents and businesses in many Lancaster Airport’s only commercial were forced to battle starvation, dis- rural and smaller communities air carrier, Colgan Air, ceased oper- ease, and the weather of their new throughout the United States rely ations on March 23, 2003, because it home. Life in Jamestown was a strug- heavily upon air service to provide a could not sustain service without a gle, and the determination shown by necessary link to larger cities. Lan- subsidy. The loss of commercial air the colonists set the foundation for the caster, PA is one such community service has already had a serious im- revolutionary ideas that guided Ameri- which had been designated as an Essen- pact upon the Lancaster community. I cans through the colonial era. tial Air Services city since the Airline am confident that my legislation will Now 395 years later, the history of Deregulation Act of 1978. Up until the not only reinstate Lancaster’s eligi- our Nation continues to come alive in events of September 11, when the Air- bility for subsidized air service and Jamestown. Since 1994, archaeologists port faced a sharp decline in passenger allow for the return of commercial air have found the remains of the original revenue, Lancaster had never required service, but it will also provide for a Jamestown fort constructed in 1607 and a subsidy under this program. greater level of fairness for other com- over 350,000 artifacts from the colonial When Lancaster ultimately found it munities which rely so heavily upon period. These fascinating discoveries necessary to seek a subsidy for its this important program. have given scholars, visitors, and most three daily flights to Pittsburgh, the importantly, America’s young people, a Department of Transportation issued By Mr. WARNER (for himself and realistic view of 17th century American an Order to Show Cause on March 8, Mr. ALLEN): life. The continuing restoration and 2002, stating that Lancaster was not el- S. 976. A bill to provide for the discovery of the original Jamestown igible for an Essential Air Services sub- issuance of a coin to commemorate the colony provides all Americans with a sidy because it was located within 70 400th anniversary of the Jamestown window on their roots, and to the foun- miles of Philadelphia International settlement; to the Committee on Bank- dation on which this great Nation was Airport. The Secretary of Transpor- ing, Housing, and Urban Affairs. built. tation declined to use his discretion to Mr. WARNER. Mr. President, I rise The proceeds from this commemora- award the subsidy because the Depart- today to introduce legislation, along tive coin will help both the National ment identified a driving route of less with my colleague, Senator ALLEN, to Park Service and the Association for than 70 miles between Lancaster City mint a commemorative coin cele- the Preservation of Virginia Antiq- and Philadelphia Airport. While there brating the 400th anniversary of the uities continue their research at the is no question that such a route exists, founding of Jamestown, VA in 2007. Jamestown site, complete necessary it is by no means the most commonly The lasting significance of James- construction projects at the James- used highway route as required by law. town stretches far beyond its contribu- town National Park, and provide funds The route selected by the Depart- tions to the Commonwealth of Vir- for events surrounding the 400th anni- ment of Transportation is one which ginia. Our Nation is indebted to the 104 versary celebration. In addition, this the average person would never travel, original inhabitants of Jamestown legislation would help ensure that the via back roads and seldom used streets. who, after completing a harrowing Jamestown Rediscovery project will In making its distance determination, journey across the Atlantic in May of have adequate funds to continue edu- the Department used a 66 mile route 1607, established the first permanent cating the American public on our co- along Route 30 which would take over English settlement in America. lonial history. In the 106th Congress, three hours to drive. The more com- The legacies of Jamestown extend the House and Senate created the monly used highway route to the from the founding of our representative Jamestown 400th Commemoration Philadelphia International Airport democracy in which we serve today, to Commission to ensure that the anni- would be along US 222 to the Pennsyl- the free market enterprise system on versary in 2007 is a truly national vania Turnpike, and then on to I–76, which our economy has flourished. Our event. This legislation that I introduce which is over 70 miles. unshakeable traditions of common law, today continues along this same line. The legislation I am introducing agricultural production, manufac- Recent events have brought about a today addresses this issue by desig- turing, and our free market economy renewed reverence and interest in our nating an area’s local metropolitan received their humble beginnings from nation’s history among the American planning organization, rather than the the entrepreneurial spirit of the people. This legislation would help Department of Transportation, as the Jamestown colonists. bring national attention to this impor- organization responsible for deter- The colonists established and imple- tant anniversary and would serve as a mining the most commonly used high- mented the principles of a representa- fitting tribute to America’s first per- manent settlers. This event celebrates way route. If no such organization ex- tive government to build our American America’s colonial history and gives ists, the Governor of the State in democracy that has withstood the test every American a chance to help sup- which the airport is located, or the of time and internal conflict. The port America’s Hometown, Jamestown, Governor’s designee will make the de- Jamestown settlers elected America’s VA. termination. I believe that a local enti- first democratic assembly, the Virginia I ask my colleagues in the Senate to ty, not the Department of Transpor- House of Burgesses. The structure and join me in supporting our Nation’s and tation, is better suited to identify the procedures of this first legislative body Virginia’s colonial traditions with this route most travelers would drive. In still resonates in the chamber we serve important legislation. I ask unanimous such cases where that route exceeds 70 in today. Our political philosophies and consent that the text of this legislation traditions took hold in the untamed miles, the Department should be re- be printed in the RECORD. quired to designate a community as el- landscape of Jamestown Island and re- There being no objection, the bill was igible to receive subsidized air service. main the cornerstone of our republic ordered to be printed in the RECORD, as My legislation will not place too today. follows: great a burden upon the Essential Air Jamestown also marked the begin- S. 976 Services program by allowing addi- ning of the American cultural identity, Be it enacted by the Senate and House of Rep- tional airports to participate. I am ad- hosting a combination of diverse cul- resentatives of the United States of America in vised that there are only eight other tural traditions. The settlement united Congress assembled, communities, including Lancaster, English, Native American, and African SECTION 1. SHORT TITLE. which could become newly eligible to cultures compelling each one to learn This Act may be cited as the ‘‘Jamestown receive subsidized air service as a re- valuable lessons from the others. The 400th Anniversary Commemorative Coin Act sult of the changes I am proposing. colonists at Jamestown were the first of 2003’’. Further, I would note that of the $113 immigrants to travel to America, mak- SEC. 2. FINDINGS. million the program received in Fiscal ing us a nation of immigrants of which Congress finds that— (1) the founding of the colony at James- Year 2002, there was an excess of $10.9 we are so proud today. town, Virginia in 1607, the first permanent million which remained unspent and The colony at Jamestown showcased English colony in America, and the capital which carried over into Fiscal Year the triumph of American ingenuity and of Virginia for 92 years, has major signifi- 2003. hard work. Colonists at Jamestown cance in the history of the United States;

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5668 CONGRESSIONAL RECORD — SENATE May 1, 2003 (2) the Jamestown settlement brought peo- (1) selected by the Secretary after con- (iv) conducting other programs to support ple from throughout the Atlantic Basin to- sultation with— the commemoration of the 400th anniversary gether to form a multicultural society, in- (A) the Jamestown 2007 Steering Com- of Jamestown. cluding English, other Europeans, Native mittee, created by the Jamestown-Yorktown (B) ENTITIES SPECIFIED.—Entities specified Americans, and Africans; Foundation of the Commonwealth of Vir- under this subparagraph are— (3) the economic, political, religious, and ginia; (i) the Secretary of the Department of the social institutions that developed during the (B) the National Park Service; and Interior; first 9 decades of the existence of Jamestown (C) the Commission of Fine Arts; and (ii) the President of the Association for the continue to have profound effects on the (2) reviewed by the Citizens Commemora- Preservation of Virginia Antiquities; and United States, particularly in English com- tive Coin Advisory Committee. (iii) the Chairman of the Jamestown York- mon law and language, cross cultural rela- SEC. 5. ISSUANCE OF COINS. town Foundation. tionships, manufacturing, and economic (a) QUALITY OF COINS.—Coins minted under (b) AUDITS.—The Comptroller General of structure and status; this Act shall be issued in uncirculated and the United States shall have the right to ex- (4) the National Park Service, the Associa- proof qualities. amine such books, records, documents, and tion for the Preservation of Virginia Antiq- (b) MINT FACILITY.—Only 1 facility of the other data of the entities specified in sub- uities, and the Jamestown-Yorktown Foun- United States Mint may be used to strike section (a), as may be related to the expendi- dation of the Commonwealth of Virginia col- any particular quality of the coins minted ture of amounts distributed under subsection lectively own and operate significant re- under this Act. (a). sources related to the early history of (c) PERIOD FOR ISSUANCE.—The Secretary Jamestown; may issue coins minted under this Act only SEC. 9. FINANCIAL ASSURANCES. (5) in 2000, Congress established the James- during the period beginning on January 1, (a) NO NET COST TO THE GOVERNMENT.—The town 400th Commemoration Commission to 2007, and ending on December 31, 2007. Secretary shall take such actions as may be ensure a suitable national observance of the SEC. 6. SALE OF COINS. necessary to ensure that minting and issuing Jamestown 2007 anniversary and to support (a) SALE PRICE.—The coins minted under coins under this Act will not result in any and facilitate marketing efforts for a com- this Act shall be sold by the Secretary at a net cost to the United States Government. memorative coin, stamp, and related activi- price equal to the sum of— (b) PAYMENT FOR COINS.—A coin shall not ties for the Jamestown 2007 observances; (1) the face value of the coins; be issued under this Act unless the Secretary (6) a commemorative coin will bring na- (2) the surcharge provided in subsection (c) has received— tional and international attention to the with respect to such coins; and (1) full payment for the coin; lasting legacy of Jamestown, Virginia; and (3) the cost of designing and issuing the (2) security satisfactory to the Secretary (7) the proceeds from a surcharge on the coins (including labor, materials, dies, use of to indemnify the United States for full pay- sale of such commemorative coin will assist machinery, overhead expenses, marketing, ment; or the financing of a suitable national observ- and shipping). (3) a guarantee of full payment satisfac- ance in 2007 of the 400th anniversary of the (b) PREPAID ORDERS.— tory to the Secretary from a depository in- founding of Jamestown, Virginia. (1) IN GENERAL.—The Secretary shall ac- stitution, the deposits of which are insured SEC. 3. COIN SPECIFICATIONS. cept prepaid orders for the coins minted by the Federal Deposit Insurance Corpora- (a) $5 GOLD COINS.—The Secretary of the under this Act before the issuance of such tion or the National Credit Union Adminis- Treasury (in this Act referred to as the ‘‘Sec- coins. tration. retary’’) shall issue not more than 100,000 $5 (2) DISCOUNT.—Sale prices with respect to coins, which shall— prepaid orders under paragraph (1) shall be By Mr. FITZGERALD (for him- (1) weigh 8.359 grams; at a reasonable discount. self, Mr. KENNEDY, and Ms. (c) BULK SALES.—The Secretary shall make (2) have a diameter of 0.850 inches; and SNOWE): (3) contain 90 percent gold and 10 percent bulk sales of the coins minted under this Act alloy. at a reasonable discount. S. 977. A bill to amend the Public (b) $1 SILVER COINS—The Secretary shall (d) SURCHARGE.—All sales of coins minted Health Service Act, the Employee Re- issue not more than 500,000 $1 coins, which under this Act shall include a surcharge of— tirement Income Security Act of 1974, shall— (1) $35 per coin for the $5 coin; and and the Internal Revenue Code of 1986 (1) weigh 26.73 grams; (2) $10 per coin for the $1 coin. to require that group and individual (2) have a diameter of 1,500 inches; and SEC. 7. GENERAL WAIVER OF PROCUREMENT health insurance coverage and group (3) contain 90 percent silver and 10 percent REGULATIONS. health plans provide coverage from copper. (a) IN GENERAL.—Except as provided in (c) LEGAL TENDER.—The coins minted subsection (b), no provision of law governing treatment of a minor child’s congenital under this Act shall be legal tender, as pro- procurement or public contracts shall be ap- or developmental deformity or disorder vided in section 5103 of title 31, United States plicable to the procurement of goods and due to trauma, infection, tumor, or dis- Code. services necessary for carrying out the provi- ease; to the Committee on Health, Edu- (d) NUMISMATIC ITEMS.—For purposes of sions of this Act. cation, Labor, and Pensions. section 5132(a)(1) of title 31, United States (b) EQUAL EMPLOYMENT OPPORTUNITY.— Mr. FITZGERALD. Mr. President, I Code, all coins minted under this Act shall Subsection (a) shall not relieve any person be considered to be numismatic items. entering into a contract under the authority rise today to introduce the Children’s (e) SOURCES OF BULLION.— of this Act from complying with any law re- Deformities Act of 2003, which will re- (1) GOLD.—The Secretary shall obtain gold lating to equal employment opportunity. quire insurance companies to cover for minting coins under this Act pursuant to SEC. 8. DISTRIBUTION OF SURCHARGES. corrective surgeries for children with the authority of the Secretary under section (a) RECIPIENTS.— congenital or developmental deformi- 5116 of title 31, United States Code. (1) IN GENERAL.—All surcharges received by ties. (2) SILVER.—The Secretary shall obtain sil- the Secretary from the sale of coins minted According to the March of Dimes, 3.8 ver for the coins minted under this Act only under this Act shall be promptly paid by the from stockpiles established under the Stra- Secretary to the recipients listed under para- percent of babies born annually—about tegic and Critical Minerals Stock Piling Act graphs (2) and (3). 150,000 babies per year suffer from birth (50 U.S.C. 98 et seq.). (2) JAMESTOWN-YORKTOWN FOUNDATION.— defects. Approximately 50,000 of these SEC. 4. DESIGN OF COINS. The Secretary shall distribute 50 percent of babies require reconstructive surgery. (a) DESIGN REQUIREMENTS.— the surcharges described under paragraph (1) Examples of these deformities include (1) IN GENERAL.—The design of the coins to the Jamestown-Yorktown Foundation of cleft lip, cleft palate, skin lesions, vas- minted under this Act shall be emblematic the Commonwealth of Virginia, to support cular anomalies, malformations of the of the settlement of Jamestown, Virginia, programs to promote the understanding of ear, hand, or foot, and other more pro- the legacies of Jamestown. the first permanent English settlement in found craniofacial deformities. America. (3) OTHER RECIPIENTS.— (2) DESIGNATION AND INSCRIPTIONS.—On (A) IN GENERAL.—The Secretary shall dis- Plastic surgeons are able to correct each coin minted under this Act, there shall tribute 50 percent of the surcharges de- many of these problems, and doing so be— scribed under paragraph (1) to the entities is critical to both the physical and (A) a designation of the value of the coin; specified under subparagraph (B), in equal mental health and development of the (B) an inscription of the year ‘‘2007’’; and shares, for the purposes of— child. On average, children with con- (C) inscriptions of the words ‘‘Liberty’’, (i) sustaining the ongoing mission of pre- genital deformities or developmental ‘‘In God We Trust’’, ‘‘United States of Amer- serving Jamestown; ica’’, and ‘‘E Pluribus Unum’’. (ii) enhancing the national and inter- anomalies will need three to five sur- (b) DESIGN SELECTION.—Subject to sub- national educational programs; gical procedures before normalcy is section (a), the design for the coins minted (iii) improving infrastructure and archae- achieved. An increasing number of in- under this Act shall be— ological research activities; and surance companies are denying access

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5669 to care by labeling the surgical proce- or developmental anomalies do not ‘‘SEC. 714. STANDARDS RELATING TO BENEFITS dures cosmetic or nonfunctional in na- have to wait unnecessarily for needed FOR MINOR CHILD’S CONGENITAL OR DEVELOPMENTAL DEFORMITY ture. In some cases, carriers may pro- treatment. OR DISORDER. vide coverage for initial procedures, I ask unanimous consent that the bill ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE but resist covering later, necessary be printed in the RECORD following the SURGERY.— procedures, claiming that they are cos- conclusion of my remarks. ‘‘(1) IN GENERAL.—A group health plan, and metic and not medically necessary. There being no objection, the bill was a health insurance issuer offering group Although insurance companies ulti- ordered to be printed in the RECORD, as health insurance coverage, that provides mately have decided to cover some of follows: coverage for surgical benefits shall provide these procedures, families have had to S. 977 coverage for outpatient and inpatient diag- battle through the appeals process of Be it enacted by the Senate and House of Rep- nosis and treatment of a minor child’s con- insurance companies for extended peri- resentatives of the United States of America in genital or developmental deformity, disease, ods of time, thereby forcing children to Congress assembled, or injury. A minor child shall include any in- wait unnecessarily for needed sur- SECTION 1. SHORT TITLE. dividual through 21 years of age. geries. The treatment plan for children This Act may be cited as the ‘‘Treatment ‘‘(2) REQUIREMENTS.—Any coverage pro- of Children’s Deformities Act of 2003’’. vided under paragraph (1) shall be subject to with congenital defects usually re- pre-authorization or pre-certification as re- quires staged surgical care in accord- SEC. 2. COVERAGE OF MINOR CHILD’S CON- GENITAL OR DEVELOPMENTAL DE- quired by the plan or issuer, and such cov- ance with the child’s growth pattern. FORMITY OR DISORDER. erage shall include any surgical treatment Onerous and time-consuming appeals (a) GROUP HEALTH PLANS.— which, in the opinion of the treating physi- procedures can jeopardize the physical (1) PUBLIC HEALTH SERVICE ACT AMEND- cian, is medically necessary to approximate and psychological health of children MENTS.— a normal appearance. with deformities. (A) IN GENERAL.—Subpart 2 of part A of ‘‘(3) TREATMENT DEFINED.— The American Medical Association title XXVII of the Public Health Service Act ‘‘(A) IN GENERAL.—In this section, the term defines cosmetic surgery as being per- (42 U.S.C. 300gg-4 et seq.) is amended by add- ‘treatment’ includes reconstructive surgical formed to reshape normal structures of ing at the end the following: procedures (procedures that are generally performed to improve function, but may also the body in order to improve the pa- ‘‘SEC. 2707. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD’S CONGENITAL be performed to approximate a normal ap- tient’s appearance and self-esteem. In OR DEVELOPMENTAL DEFORMITY pearance) that are performed on abnormal contrast, reconstructive surgery is de- OR DISORDER. structures of the body caused by congenital fined as being performed on abnormal ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE defects, developmental abnormalities, trau- structures of the body, caused by con- SURGERY.— ma, infection, tumors, or disease, including— genital defects, developmental abnor- ‘‘(1) IN GENERAL.—A group health plan, and ‘‘(i) procedures that do not materially af- malities, trauma, infection, tumors, or a health insurance issuer offering group fect the function of the body part being health insurance coverage, that provides treated; and disease. According to the American So- coverage for surgical benefits shall provide ciety of Plastic Surgeons, reconstruc- ‘‘(ii) procedures for secondary conditions coverage for outpatient and inpatient diag- and follow-up treatment. tive surgery is performed in order to nosis and treatment of a minor child’s con- ‘‘(B) EXCEPTION.—Such term does not in- improve function and approximate a genital or developmental deformity, disease, clude cosmetic surgery performed to reshape normal appearance. or injury. A minor child shall include any in- normal structures of the body to improve ap- The Treatment of Children’s Deform- dividual through 21 years of age. pearance or self-esteem. ities Act of 2003 will prohibit insurers ‘‘(2) REQUIREMENTS.—Any coverage pro- vided under paragraph (1) shall be subject to ‘‘(b) NOTICE UNDER GROUP HEALTH PLAN.— from denying coverage for reconstruc- The imposition of the requirements of this tive surgery for children. This bill pre-authorization or pre-certification as re- quired by the plan or issuer, and such cov- section shall be treated as a material modi- identifies the difference between cos- erage shall include any surgical treatment fication in the terms of the plan described in metic and reconstructive surgery and which, in the opinion of the treating physi- section 102(a)(1), for purposes of assuring no- incorporates the American Medical As- cian, is medically necessary to approximate tice of such requirements under the plan; ex- sociation’s definition of reconstructive a normal appearance. cept that the summary description required surgery. The measure requires group ‘‘(3) TREATMENT DEFINED.— to be provided under the last sentence of sec- ‘‘(A) IN GENERAL.—In this section, the term and individual health insurers and tion 104(b)(1) with respect to such modifica- ‘treatment’ includes reconstructive surgical group health plans to provide coverage tion shall be provided by not later than 60 for treatment of a minor child’s con- procedures (procedures that are generally performed to improve function, but may also days after the first day of the first plan year genital or developmental deformity, be performed to approximate a normal ap- in which such requirements apply.’’. disease, or injury. The legislation de- pearance) that are performed on abnormal (B) CONFORMING AMENDMENTS.— fines ‘‘treatment’’ to include recon- structures of the body caused by congenital (i) Section 731(c) of the Employee Retire- structive surgical procedures. These defects, developmental abnormalities, trau- ment Income Security Act of 1974 (29 U.S.C. are procedures that are performed on ma, infection, tumors, or disease, including— 1191(c)) is amended by striking ‘‘section 711’’ abnormal structures of the body caused ‘‘(i) procedures that do not materially af- and inserting ‘‘sections 711 and 714’’. fect the function of the body part being (ii) Section 732(a) of the Employee Retire- by congenital defects, developmental ment Income Security Act of 1974 (29 U.S.C. abnormalities, trauma, infection, tu- treated; and ‘‘(ii) procedures for secondary conditions 1191a(a)) is amended by striking ‘‘section mors, or disease. and follow-up treatment. 711’’ and inserting ‘‘sections 711 and 714’’. The Treatment of Children’s Deform- ‘‘(B) EXCEPTION.—Such term does not in- (iii) The table of contents in section 1 of ities Act of 2003 has been endorsed by clude cosmetic surgery performed to reshape the Employee Retirement Income Security the American Society of Plastic Sur- normal structures of the body to improve ap- Act of 1974 is amended by inserting after the geons, the American Medical Associa- pearance or self-esteem. item relating to section 713 the following: ‘‘(b) NOTICE.—A group health plan under tion, the American Academy of Pediat- ‘‘Sec. 714. Standards relating to benefits for this part shall comply with the notice re- rics, and several other medical organi- minor child’s congenital or de- quirement under section 714(b) of the Em- zations. Fifteen States have already velopmental deformity or dis- ployee Retirement Income Security Act of order.’’. enacted legislation that to different de- 1974 with respect to the requirements of this grees require insurance companies to section as if such section applied to such (3) INTERNAL REVENUE CODE AMENDMENTS.— cover treatment of craniofacial and plan.’’. Subchapter B of chapter 100 of the Internal congenital anomalies. While governor (B) CONFORMING AMENDMENT.—Section Revenue Code of 1986 is amended— of Texas, George W. Bush signed into 2723(c) of the Public Health Service Act (42 (A) in the table of sections, by inserting law legislation that is similar to the U.S.C. 300gg–23(c)) is amended by striking after the item relating to section 9812 the following: legislation I introduce today. ‘‘section 2704’’ and inserting ‘‘sections 2704 and 2707’’. I would like to thank Senator KEN- ‘‘Sec. 9813. Standards relating to benefits for (2) ERISA AMENDMENTS.— NEDY and Senator SNOWE for cospon- minor child’s congenital or de- (A) IN GENERAL.—Subpart B of part 7 of soring this important legislation. I subtitle B of title I of the Employee Retire- velopmental deformity or dis- urge all of my colleagues to join me in ment Income Security Act of 1974 (29 U.S.C. order.’’; and supporting this bill so that children 1185 et seq.) is amended by adding at the end (B) by inserting after section 9812 the fol- who suffer from congenital deformities the following: lowing:

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5670 CONGRESSIONAL RECORD — SENATE May 1, 2003 ‘‘SEC. 9813. STANDARDS RELATING TO BENEFITS ‘‘(b) NOTICE.—A health insurance issuer I urge the Senate to support this im- FOR MINOR CHILD’S CONGENITAL under this part shall comply with the notice portant bill, and give children and fam- OR DEVELOPMENTAL DEFORMITY requirement under section 714(b) of the Em- ilies the support they deserve. OR DISORDER. ployee Retirement Income Security Act of ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE 1974 with respect to the requirements re- By Mr. ENSIGN (for himself, Mrs. SURGERY.— ferred to in subsection (a) as if such section BOXER, Ms. CANTWELL, Mr. ‘‘(1) IN GENERAL.—A group health plan, and applied to such issuer and such issuer were a a health insurance issuer offering group group health plan.’’. CRAPO, Mr. CRAIG, Mr. ALLEN, health insurance coverage, that provides (2) CONFORMING AMENDMENT.—Section Mrs. MURRAY, Mrs. FEINSTEIN, coverage for surgical benefits shall provide 2762(b)(2) of the Public Health Service Act (42 Mr. REID, Mr. ALLARD, Mr. coverage for outpatient and inpatient diag- U.S.C. 300gg–62(b)(2)) is amended by striking BURNS, Mr. WARNER, Mr. BEN- nosis and treatment of a minor child’s con- ‘‘section 2751’’ and inserting ‘‘sections 2751 NETT, Mr. SMITH, Ms. STABE- genital or developmental deformity, disease, and 2753’’. NOW, and Mr. COLEMAN): or injury. A minor child shall include any in- (c) EFFECTIVE DATES.— dividual through 21 years of age. S. 979. A bill to direct the Securities (1) GROUP HEALTH COVERAGE.—The amend- and Exchange Commission to require ‘‘(2) REQUIREMENTS.—Any coverage pro- ments made by subsection (a) shall apply vided under paragraph (1) shall be subject to with respect to group health plans for plan enhanced disclosures of employee stock pre-authorization or pre-certification as re- years beginning on or after January 1, 2004. options, to require a study on the eco- quired by the plan or issuer, and such cov- (2) INDIVIDUAL HEALTH COVERAGE.—The nomic impact of broad-based employee erage shall include any surgical treatment amendment made by subsection (b) shall stock options plans, and for other pur- which, in the opinion of the treating physi- apply with respect to health insurance cov- poses; to the Committee on Banking, cian, is medically necessary to approximate erage offered, sold, issued, renewed, in effect, Housing, and Urban Affairs. a normal appearance. or operated in the individual market on or Mr. ENSIGN. Mr. President, I rise ‘‘(3) TREATMENT DEFINED.— after such date. today, along with my good friend, the ‘‘(A) IN GENERAL.—In this section, the term (d) COORDINATED REGULATIONS.—Section junior Senator from California, to in- ‘treatment’ includes reconstructive surgical 104(1) of Health Insurance Portability and procedures (procedures that are generally Accountability Act of 1996 (42 U.S.C. 300gg-92 troduce legislation on an issue that performed to improve function, but may also note) is amended by striking ‘‘this subtitle could have a significant impact on the be performed to approximate a normal ap- (and the amendments made by this subtitle economy. pearance) that are performed on abnormal and section 401)’’ and inserting ‘‘the provi- The financial scandals which oc- structures of the body caused by congenital sions of part 7 of subtitle B of title I of the curred last year at Enron, WorldCom, defects, developmental abnormalities, trau- Employee Retirement Income Security Act and other corporations rocked our fi- ma, infection, tumors, or disease, including— of 1974, the provisions of parts A and C of nancial markets and greatly dimin- ‘‘(i) procedures that do not materially af- title XXVII of the Public Health Service Act, ished investor confidence in this coun- fect the function of the body part being and chapter 100 of the Internal Revenue Code try. In response to abuses by a few treated; and of 1986’’. high-profile corporate executives, Con- ‘‘(ii) procedures for secondary conditions Mr. KENNEDY. Mr. President, it is a and follow-up treatment. gress passed the Sarbanes-Oxley Cor- privilege to join Senator FITIZGERALD ‘‘(B) EXCEPTION.—Such term does not in- porate Responsibility Act, which closed clude cosmetic surgery performed to reshape and Senator SNOWE in introducing the loopholes that led to those scandals normal structures of the body to improve ap- Treatment of Children’s Deformities and sought to restore investor con- pearance or self-esteem.’’. Act. The purpose of our bill is to see fidence in our markets. (b) INDIVIDUAL HEALTH INSURANCE.— that health insurers and health plans However, in the wake of those scan- (1) IN GENERAL.—Part B of title XXVII of cover the treatment of children’s con- dals, I believe that stock options have the Public Health Service Act is amended by genital and developmental deformities inserting after section 2752 the following: been incorrectly equated with abuse. and disorders. Stock option plans reflect America’s ‘‘SEC. 2753. STANDARDS RELATING TO BENEFITS About 7 percent of all children are FOR MINOR CHILD’S CONGENITAL best business values—the willingness OR DEVELOPMENTAL DEFORMITY born with significant problems, includ- to take risks, the vision to develop new OR DISORDER. ing cleft lips or cleft palates, serious entrepreneurial companies and tech- ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE skin lesions such as port wine stains, nologies, and a way to broaden owner- SURGERY.— malformations of the ear, or facial de- ship and participation among all em- ‘‘(1) IN GENERAL.—A group health plan, and formities. Plastic surgery can correct ployees. a health insurance issuer offering group many of these conditions, but too often health insurance coverage, that provides Last week, the Financial Accounting coverage for surgical benefits shall provide parents face significant barriers in ob- Standards Board made a tentative deci- coverage for outpatient and inpatient diag- taining care for their children. More sion to mandate the expensing of stock nosis and treatment of a minor child’s con- than half of all plastic surgeons report options. This would effectively kill genital or developmental deformity, disease, that these patients are denied insur- broad-based stock option plans which or injury. A minor child shall include any in- ance coverage or had the struggle to are used by many high-growth, entre- dividual through 21 years of age. receive it. Too often, insurers deny preneurial companies. Such board- ‘‘(2) REQUIREMENTS.—Any coverage pro- coverage by calling the treatment cos- based plans distribute options to rank- vided under paragraph (1) shall be subject to metic or not medically necessary. and-file employees, not just to senior pre-authorization or pre-certification as re- The medical, developmental, and psy- quired by the plan or issuer, and such cov- executives. This is a very different ap- erage shall include any surgical treatment chological problems associated with proach than that used by companies as- which, in the opinion of the treating physi- denied or delayed treatment of these sociated with the scandals of last year. cian, is medically necessary to approximate deformities are enormous. Treatment This issue was brought to my atten- a normal appearance. often requires a series of treatments as tion by a couple hundred chief execu- ‘‘(3) TREATMENT DEFINED.— the child grow. No child should be tive officers and leaders in the high- ‘‘(A) IN GENERAL.—In this section, the term forced to live with an untreated cleft tech world. This is their No. 1 issue be- ‘treatment’ includes reconstructive surgical lip or a facial deformity while parents cause, when they are properly struc- procedures (procedures that are generally appeal an insurer’s unfair denial. De- performed to improve function, but may also tured, stock options are valuable in- be performed to approximate a normal ap- layed or denied treatment puts a centives for productivity and growth. pearance) that are performed on abnormal child’s physical and mental health at They also help startup companies re- structures of the body caused by congenital risk. cruit and retain workers—an essential defects, developmental abnormalities, trau- Our bill requires health insurers and tool in a struggling economy. ma, infection, tumors, or disease, including— health plans to provide coverage to I think it is absolutely ludicrous that ‘‘(i) procedures that do not materially af- treat a child’s congenial or develop- we would risk destroying growth when fect the function of the body part being mental deformity, or disorders caused there isn’t even a workable model treated; and by disease, trauma, infection, or available to accurately expense stock ‘‘(ii) procedures for secondary conditions tumor. It is supported by many med- and follow-up treatment. options. Not only is the plan wrong, it ‘‘(B) EXCEPTION.—Such term does not in- ical organizations, including the Amer- is not doable. clude cosmetic surgery performed to reshape ican Academy of Pediatrics, the Amer- The legislation that we are intro- normal structures of the body to improve ap- ican Medical Association, and the ducing today would provide share- pearance or self-esteem. American Society of Plastic Surgeons. holders with accurate information

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5671 about a company’s use of stock op- SEC. 3. IMPROVED EMPLOYEE STOCK OPTION a wide-range of income levels, with a par- tions, while also preserving this crit- TRANSPARENCY AND REPORTING ticular focus on rank-and-file employees; DISCLOSURES. (B) the role of such plans in the recruit- ical tool for all company employees. It (a) ENHANCED DISCLOSURES REQUIRED.—Not would enhance the availability of fi- ment and retention of skilled workers; and later than 180 days after the date of enact- (C) the role of such plans in stimulating re- nancial reporting by requiring the SEC ment of this Act, the Securities and Ex- search and innovation; to take very specific steps to give change Commission (in this Act referred to (D) the impact of such plans on the eco- as the ‘‘Commission’’) shall, by rule, require, shareholders and investors the impor- nomic growth of the United States; and for each company required to file periodic re- tant financial information they need. (E) the role of such plans in strengthening ports under section 13(a) or 15(d) of the Secu- the international competitiveness of compa- Additionally, this bill places a 3-year rities Exchange Act of 1934 (15 U.S.C. 78m, nies organized under the laws of the United moratorium on the mandatory expens- 78o(d)), that such reports include detailed in- ing of stock options. This will allow formation regarding stock option plans, States. (b) REPORT.—Not later than 1 year after stock purchase plans, and other arrange- the Department of Commerce to take a the date of enactment of this Act, the Sec- ments involving an employee acquisition of very detailed look at the negative im- retary of Commerce shall submit a report on an equity interest in the company, particu- pact that mandating expensing of the study and analysis required by sub- larly with respect to the dilutive effect of section (a) to— stock options could have on our econ- such plans, including— (1) the Committee on Energy and Com- omy. (1) a discussion, written in ‘‘plain English’’ merce and the Committee on Financial Serv- It is important that we do not react (in accordance with the Plain English Hand- ices of the House of Representatives; and to the corporate scandals of last year book published by the Office of Investor Edu- (2) the Committee on Commerce, Science, by stifling this vital tool for economic cation and Assistance of the Commission), of and Transportation and the Committee on the dilutive effect of stock option plans, in- growth. It would be bad for the econ- Banking, Housing, and Urban Affairs of the cluding tables or graphic illustrations of omy, bad for workers in this country, Senate. and bad for potential investors. such dilutive effects; (2) expanded disclosure of the dilutive ef- Mrs. FEINSTEIN. Mr. President, I Mr. President, before I yield the fect of employee stock options on the earn- rise in support of legislation intro- floor, I would like to thank the Sen- ings per share number of the company; duced by Senators BOXER and ENSIGN ator from California, Mrs. BOXER, for (3) prominent placement and increased to improve disclosure of stock option her hard work on this issue. I would comparability of all stock option related in- grants in company financial state- also like to recognize and thank my formation; and ments while, at the same time, delay- colleagues who have signed on in sup- (4) a summary of the stock options granted ing the adoption of new accounting port of this bill, Senators GEORGE to the 5 most highly compensated executive standards that could fundamentally officers of the company, including any out- ALLEN, MIKE CRAPO, LARRY CRAIG, distort reported earnings. standing stock options of those officers. MARIA CANTWELL, PATTY MURRAY, (b) EQUITY INTEREST.—As used in this sec- I believe that at this time of contin- DIANNE FEINSTEIN, HARRY REID, WAYNE tion, the term ‘‘equity interest’’ includes ued economic weakness it is critical ALLARD, CONRAD BURNS, GORDON common stock, preferred stock, stock appre- that we take action to both increase SMITH, ROBERT BENNETT and JOHN ciation rights, phantom stock, and any other transparency and improve corporate WARNER. security that replicates the investment char- governance, without which we cannot I yield the floor. acteristics of such securities, and any right hope to restore investor confidence. I ask unanimous consent that the or option to acquire any such security. The Broad-Based Stock Option Plan SEC. 4. EVALUATION OF EMPLOYEE STOCK OP- Transparency Act would increase the text of the bill be printed in the TION PLANS TRANSPARENCY AND RECORD in the appropriate place. REPORTING DISCLOSURES AND RE- transparency of stock option grants at There being no objection, the bill was PORT TO CONGRESS. all levels of public companies, particu- ordered to be printed in the RECORD, as (a) STUDY AND REPORT.— larly executive compensation, and follows: (1) STUDY.—During the 3-year period fol- would provide investors with addi- lowing the date of issuance of a final rule tional tools to make investment deci- S. 979 under section 3(a), the Commission shall Be it enacted by the Senate and House of Rep- conduct a study of the effectiveness of the sions. resentatives of the United States of America in enhanced disclosures required by section 3 in Increased disclosure provisions in the Congress assembled, increasing transparency to current and po- bill include: expanded disclosure of the SECTION 1. SHORT TITLE. tential investors. dilutive effect of employee stock op- This Act may be cited as the ‘‘Broad-Based (2) REPORT.—Not later than 180 days after tions on reported earnings per share; a Stock Option Plan Transparency Act of the end of the 3-year period referred to in ‘‘plain English’’ discussion of share 2003’’. paragraph (1), the Commission shall trans- value dilution, which would allow indi- SEC. 2. CONGRESSIONAL FINDINGS. mit a report of the results of the study con- vidual investors to understand the im- Congress finds that— ducted under paragraph (1) to the Committee pact of options grants on their invest- (1) innovation and entrepreneurship, par- on Financial Services of the House of Rep- resentatives and the Committee on Banking, ment; more prominent placement and ticularly in the high technology industry, increased comparability of stock op- helped propel the economic growth of the Housing, and Urban Affairs of the Senate. (b) MORATORIUM ON NEW ACCOUNTING tion-related footnotes; and a summary 1990s, and will continue to be the essential STANDARDS RELATED TO STOCK OPTIONS.— building blocks of economic growth in the of stock options granted to the 5 most During the period beginning on the date of highly compensated executives of the 21st century; enactment of this Act and ending 60 days (2) broad-based employee stock option company. after the date of transmission of the report These provisions help us fulfill the plans enable entrepreneurs and corporations required under subsection (a)(2), the Com- to attract quality workers, to incentivize mission shall not recognize as generally ac- goal of greater transparency in our worker innovation, and to stimulate produc- cepted accounting principles for purposes of markets and improved corporate gov- tivity, which in turn increase shareholder enforcing the securities laws any accounting ernance. With passage of the Sarbanes- value; standards related to the treatment of stock Oxley accounting reform legislation (3) broad-based employee stock options options that the Commission did not recog- last summer, we took a major step in plans that expand corporate ownership to nize for that purpose before April 1, 2003. that direction, and I believe this bill rank-and-file employees spur capital forma- SEC. 5. STUDY ON THE ECONOMIC IMPACT OF tion, benefit workers, and improve corporate adds to those achievements. BROAD-BASED EMPLOYEE STOCK If individual investors do not feel performance to the benefit of investors and OPTION PLANS AND REPORT TO the economy; CONGRESS. comfortable with the information re- (4) concerns raised about the impact of em- (a) STUDY.— ported by public companies or the ad- ployee stock option plans on shareholder (1) IN GENERAL.—The Secretary of Com- vice given by banks and other major value raise legitimate issues relevant to the merce shall conduct a study and analysis of players in our financial markets, they current level of disclosure and transparency broad-based employee stock option plans, will not feel comfortable making new of those plans to current and potential inves- particularly in the high technology and any investments and our markets are un- tors; and other high growth industries. likely to recover. (5) investors deserve to have accurate, reli- (2) CONTENT.—The study and analysis re- able, and meaningful information about the quired by paragraph (1) shall include an ex- In addition to requiring new disclo- existence of outstanding employee stock op- amination of— sure of the impact of employee stock tions and their impact on the share value of (A) the impact of such plans on expanding options on a company’s earnings per a going concern. employee corporate ownership to workers at share, this bill also requires the SEC to

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5672 CONGRESSIONAL RECORD — SENATE May 1, 2003 monitor the effectiveness of increased must be set at or above the average S. 980 disclosure requirements for 3 years. closing price of the company’s stock Be it enacted by the Senate and House of Rep- The bill also specifies that the SEC during a fixed period. They are also resentatives of the United States of America in must examine the impact of broad- generally restricted, and usually can- Congress assembled, based stock option plans on worker not be exercised for several years after SECTION 1. SHORT TITLE. productivity and the performance of their grant date. This Act may be cited as the ‘‘Ballistic Im- aging Evaluation and Study Act of 2003’’. the firms which use such plans. Should the value of the underlying As anyone who has spent time in Sil- SEC. 2. PURPOSES. shares fall during the life of the option, The purposes of this Act are the following: icon Valley can attest, the phenomenal the options are underwater and are ef- (1) To conduct a comprehensive study of achievements of high tech companies fectively worthless. Should the share ballistic imaging technology and evaluate in California and across the country price increase, however, the exercise of design parameters for packing and shipping would not have been possible without those options creates no cash charge to of fired cartridge cases and projectiles. (2) To determine the effectiveness of the employee stock options. the company whatsoever. Instead, it Stock options give employees a stake National Integrated Ballistic Information increases the total number of shares in the success of their company and Network (NIBIN) as a tool in investigating outstanding. create a degree of employee loyalty, crimes committed with handguns and rifles. To take one concrete example, Cisco (3) To establish the cost and overall effec- productivity, and achievement that tiveness of State-mandated ballistic imaging simply would not be possible if cash Systems recently reported approxi- mately 7.3 billion shares outstanding in systems and the sharing and retention of the were the only form of compensation data collected by the systems. available. Moreover, it has allowed their latest annual report. They also reported approximately 600 million op- SEC. 3. STUDY. start-ups that are cash-poor to hire and (a) IN GENERAL.—Not later than six (6) retain talent that might otherwise tions to purchase shares that were ‘‘in months after the date of the enactment of have been available only to established the money,’’ or had an exercise price this Act, the Attorney General shall enter firms. below the current share price. into an arrangement with the National Re- A mandatory expensing standard will If all those options were exercised, search Council of the National Academy of sharply limit the use of stock options, and no shares were repurchased, each Sciences, which shall have sole responsi- share would be entitled to approxi- bility for conducting under the arrangement particularly for rank and file workers, a study to determine the following: and will slow our economic recovery. mately 8 percent less in dividends than (1) The design parameters for an effective Without a strong high tech sector de- before. In fact, the actual dilution and uniform system for packing fired car- veloping new technologies and bringing would likely be somewhat less. tridge cases and projectiles, and for col- new products to market, we cannot If options are expensed, however, the lecting information that will accompany a hope to return to the robust economic impact on Cisco’s bottom line would be fired cartridge case and projectile and be en- growth of the last decade. dramatic, despite the fact that their tered into a ballistic imaging system. Moreover, mandatory expensing only tangible impact is on the number (2) The most effective method for projec- could actually decrease transparency tile recovery that can be used to collect fired of shares outstanding. Had Cisco ex- projectiles for entry into a ballistic imaging for the average investor. The Financial pensed their stock options for the 2001 system and the cost of such recovery equip- Accounting Standards Board (FASB) fiscal year, their reported profits would ment. has indicated it will implement such a have been 171 percent lower. A roughly (3) Which countries are employing ballistic rule within the next year, but has not $1 billion profit would instead have imaging systems and the results of the sys- come up with an adequate means of been a nearly $1 billion loss. tems as a tool in investigating crimes com- valuing those options for expensing mitted with handguns and rifles. Yet the actual value of those options (4) The comprehensive cost, to date, for purposes. now is almost nil. They were all grant- The binomial pricing model cur- Federal, State, and local jurisdictions that ed at exercise prices well above the have implemented a ballistic imaging sys- rently used to value short-term deriva- current share price, and may never be tem to include startup, operating costs, and tives, also known as Black/Scholes, exercised. outlays for personnel and administration. does not work with the types of long- Options are not a cash expense and (5) The estimated yearly cost for admin- term, restricted options packages istering a ballistic imaging system, the stor- represent no tangible exchange of as- granted to employees. Without an ac- age of cartridge cases and projectiles on a sets. They are a form of incentive pay curate valuation methodology, we risk nationwide basis, and the costs to industry that may ultimately be worthless. In giving investors a much less accurate and consumers of doing so. short, they are nothing like a cash sal- (6) How many revolvers, manually operated picture of a company’s financial health ary. handguns, semiautomatic handguns, manu- than they would have otherwise. The legislation introduced by Sen- ally operated rifles, and semiautomatic rifles I have spoken with the chief execu- are sold in the United States each year, the tive officers of a number of companies ators BOXER and ENSIGN recognizes the need for further study, but does not percentage of crimes committed with revolv- in my state, including John Chambers, ers, other manually operated handguns, and CEO of Cisco Systems, Craig Barrett, place an indefinite moratorium on manually operated rifles as compared with CEO of Intel, and Richard Kovacevich, FASB action. It is a balanced bill that semiautomatic handguns and semiautomatic CEO of Wells Fargo. Each one of those will help the average investor and ulti- rifles, and the percentage of each currently corporate leaders has told me that a mately strengthen our financial mar- on record in the NIBIN system. (7) Whether in countries where ballistic mandatory expensing standard would kets. I urge my colleagues to support the identification has been implemented, a shift lead them to sharply limit the number has occurred in the number of semiauto- of options he grants to his employees. Broad-Based Stock Option Trans- matic handguns and semiautomatic rifles, They also told me that it would lead parency Act. compared with revolvers, other manually op- them cut back on hiring and possibly erated handguns, and manually operated ri- send more jobs abroad. I found those By Mr. GRAHAM of South Caro- fles that are used to commit a crime. comments disturbing, and they should lina (for himself and Mr. MIL- (8) A comprehensive list of environmental give us pause and compel us to act pru- LER): and nonenvironmental factors, including modifications to a firearm, that can substan- dently. That is why we should support S. 980. A bill to conduct a study on the effectiveness of ballistic imaging tially alter or change the identifying marks further study of the accounting treat- on a cartridge case and projectile so as to ment of stock options, during which technology and evaluate its effective- preclude a scientifically reliable comparison period no new accounting rules per- ness as a law enforcement tool; to the between specimens and the stored image taining tot stock options could be Committee on the Judiciary. from the same firearm being admissible as adopted. Mr. GRAHAM of South Carolina. Mr. evidence in a court of law. I would like to describe briefly the President, I ask unanimous consent (9) The technical improvements in data- impact of employee stock options on that the text of the bill be printed in base management that will be necessary to keep pace with system growth and the esti- the RECORD. the value of an investor’s holdings in mated cost of the improvements. the company that granted the option. There being no objection, the bill was (10) What redundant or duplicate systems In order for employee stock options ordered to be printed in the RECORD, as exist, or have existed, the ability of the var- not to be counted as an expense, they follows: ious systems to share information, and the

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5673 cost and time it will take to integrate oper- SEC. 6. SUSPENSION OF USE OF FEDERAL FUNDS allow sole-source or limited-source ating systems. FOR BALLISTIC IMAGING TECH- contracts when there is a threat to the (11) Legal issues that need to be addressed NOLOGY. (a) IN GENERAL.—Notwithstanding any national security of the United States at the Federal and State levels to codify the or when the property or service is only type of information that would be captured other provision of law, a State shall not use and stored as part of a national ballistic Federal funds for ballistic imaging tech- available from one party. identification program and the sharing of nology until the report referred to in section But we must take a common-sense the information between State systems and 5 is completed and transmitted to the Con- approach to shield taxpayers from NIBIN. gress. waste and abuse. This bill does just (b) WAIVER AUTHORITY.—On request of a (12) What storage and retrieval procedures that. I have heard from people through- State, the Secretary of the Treasury may guarantee the integrity of cartridge cases out my state who believe that the ad- waive the application of subsection (a) to a and projectiles for indefinite periods of time use of Federal funds upon a showing that the ministration is abusing its authority in and insure proper chain of custody and ad- use would be in the national interest. providing sole-source and limited- missibility of ballistic evidence or images in SEC. 7. DEFINITIONS. source contacts in Iraq. a court of law. One example is the sole-source con- (13) The time, cost, and resources nec- In this Act: essary to enter images of fired cartridge (1) The term ‘‘ballistic imaging tech- tract worth up to $7 billion that was cases and fired projectiles into a ballistic im- nology’’ means software and hardware that awarded earlier this year to Kellogg, aging identification system of all new hand- records electronically, stores, retrieves, and Brown and Root—a subsidiary of Halli- guns and rifles sold in the United States and compares the marks or impressions on the burton—to extinguish oil fires in Iraq. those possessed lawfully by firearms owners. cartridge case and projectile of a round of The exception under Federal law used (14) Whether an effective procedure is ammunition fired from a handgun or rifle. (2) The term ‘‘handgun’’ has the meaning to provide KBR with the sole-source available to collect fired cartridge cases and given the term in section 921(a)(29) of title contract was that a full and open bid projectiles from privately owned handguns 18, United States Code. process would cause unacceptable and rifles. (3) The term ‘‘rifle’’ has the meaning given delays. While it is understandable that (15) Whether the cost of ballistic imaging the term in section 921(a)(7) of title 18, technology is worth the investigative benefit oil fires cannot be allowed to burn United States Code. to law enforcement officers. while an open bid process takes place, (4) The term ‘‘cartridge case’’ means the it is not acceptable that the term of (16) Whether State-based ballistic imaging part of a fully assembled ammunition car- systems, or a combination of State and Fed- tridge that contains the propellant and prim- this contract was 2 years. eral ballistic imaging systems that record er for firing. Recently, the administration an- and store cartridge cases and projectiles can (5) The terms ‘‘manually operated hand- nounced that this contract would be be used to create a centralized list of fire- gun’’ and ‘‘manually operated rifle’’ mean terminated and an open bid process arms owners. any handgun or rifle, as the case may be, in take place. While I applaud this move, (17) The cost-effectiveness of using a Fed- which all loading, unloading, and reloading I fear it would not have happened with- eral, NIBIN-based approach to using ballistic of the firing chamber is accomplished imaging technology as opposed to State- out the outcry of the American people. through manipulation by the user. My legislation will ensure that certain based initiatives. (6) The term ‘‘semiautomatic handgun’’ SEC. 4. CONSULTATION. means any repeating handgun which utilizes sole-source contracts will be limited to In carrying out this Act, the National Re- a portion of the energy of a firing cartridge 90 days. During the 90-day period, a full search Council of the National Academy of to extract the fired cartridge case and cham- and open competition would take place Sciences shall consult with— ber the next round, which requires a pull of so that the long-term contract is (1) Federal, State, and local officials with the trigger to fire each cartridge. awarded to the qualified low-bidder. expertise in budgeting, administering, and (7) The term ‘‘semiautomatic rifle’’ has the It is the responsibility of Congress to using a ballistic imaging system, including meaning given the term in section 921(a)(28) ensure that these contracts are award- the Bureau of Alcohol, Tobacco and Fire- of title 18, United States Code. ed in a competitive manner whenever (8) The term ‘‘projectile’’ means that part arms, and the Federal Bureau of Investiga- possible. This legislation is a step in tion, and the Bureau of Forensic Services at of ammunition that is, by means of an explo- the California Department of Justice, and sive, expelled through the barrel of a hand- the right direction. the National Institute for Forensic Sciences gun or rifle. I ask unanimous consent that the in Brussels, Belgium; text of the bill be printed in the (2) law enforcement officials who use bal- By Mrs. BOXER: RECORD. listic imaging systems; S. 981. A bill to limit the period for There being no objection, the bill was (3) entities affected by the actual and pro- which the Federal Government may ordered to be printed in the RECORD, as posed uses of ballistic imaging technology, procure property or services using non- follows: including manufacturers, distributors, im- competitive procedures during emer- S. 981 porters, and retailers of firearms and ammu- gency and urgent situations; to the Be it enacted by the Senate and House of Rep- nition, firearms purchasers and owners and Committee on Governmental Affairs. resentatives of the United States of America in their organized representatives, the Sporting Congress assembled, Arms and Ammunition Manufacturers’ Insti- Mrs. BOXER. Mr. President, today I tute, Inc., and the National Shooting Sports am introducing legislation is to ensure SECTION 1. SHORT TITLE Foundation, Inc.; that American taxpayers and American This Act may be cited as the ‘‘Business and (4) experts in ballistics imaging and re- businesses are protected when the Fed- Taxpayer Procurement Protection Act.’’ lated fields, such as the Association of Fire- eral Government procures property or SECTION 2. LIMITATION ON CONTRACTS AWARD- arm and Tool Mark Examiners, projectile re- services. ED ON A NONCOMPETITIVE BASIS. (a) IN GENERAL.—Notwithstanding any covery system manufacturers, and ballistic The purpose of this legislation is to imaging device manufacturers; other provision of law or regulation, includ- close certain loopholes that allow Fed- ing the Federal Property and Administrative (5) foreign officials administering ballistic eral agencies to enter into contracts imaging systems; Services Act of 1949, section 2304 of title 10, (6) individuals or organizations with sig- through a process that does not ensure United States Code, and the Federal Acquisi- nificant expertise in the field of ballistic im- full and open competition. Current law tion Regulation— (1) any procurement for property or serv- aging technology, as the Attorney General provides several exceptions that allow ices that is not subject to competitive proce- deems necessary. Federal agencies to limit competition or provide a sole-source contract. My dures under a provision of law or regulation SEC. 5. REPORT. set forth in subsection (b) may not exceed 90 Not later than 30 days after the National legislation does not eliminate any of days; and Research Council of the National Academy these exceptions, but it does place a 90- (2) if any property or services procured of Sciences completes the study conducted day limitation on the broadest excep- under the limitations of paragraph (1) are re- under section 3, the National Research Coun- tions to ensure that a full and fair bid- quired beyond the 90 days referred to in para- cil shall submit to the Attorney General a ding process takes place as soon as pos- graph (1), such property or services shall— report on the results of the study, and the sible. (A) during the 90-day period, be the subject Attorney General shall submit to the Con- This bill does not extend the 90-day of a full and open competition in accordance gress a report, which shall be made public, with the appropriate law or regulation; and that contains— limitation on sole-source or limited- (B) shall not be procured using procedures (1) the results of the study; and source contracts when full and open other than competitive procedures under a (2) recommendations for legislation, if ap- competition is not practicable. For ex- provision of law or regulation set forth in plicable. ample, the legislation will continue to subsection (b).

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5674 CONGRESSIONAL RECORD — SENATE May 1, 2003 (b) APPLICABILITY.—The provisions of law rector of the National Institute of En- potential links. These ‘‘Breast Cancer and regulations referred to in subsection (a) vironmental Health Sciences to make Environmental Research Centers’’ are the following: grants for the development and oper- would provide for multi-disciplinary (1) Subsections (c)(2), (c)(3)(A), (c)(7), and ation of research centers regarding en- research among basic, clinical, epide- (d)(1)(B)(ii) of section 303 of the Federal Property and Administrative Services Act of vironmental factors that may be re- miological and behavioral scientists in- 1949 (41 U.S.C. 253). lated to the etiology of breast cancer; terested in establishing outstanding, (2) Subsections (c)(2), (c)(3)(A), (c)(7), and to the Committee on Health, Edu- state-of-the-art research programs ad- (d)(1)(B)(ii) of section 2304 of title 10, United cation, Labor, and Pensions. dressing potential links between the States Code. Mr. CHAFEE. Mr. President, I am environment and breast cancer. The (3) Any other provision of law or regula- pleased to be joined today by Senator NIEHS would award grants based on a tion that provides for the use of noncompeti- HARRY REID and others in introducing competitive peer-review process. This tive procedures for the same or a similar rea- the Breast Cancer and Environmental son as those referred to in clauses (1) and (2). legislation would require each Center Research Act of 2003. This bill would to collaborate with community organi- SECTION 3. EFFECTIVE DATE. This Act shall apply with respect to con- establish research centers that would zations in the area, including those tracts entered into after the date of the en- be the first in the Nation to specifi- that represent women with breast can- actment of this Act. cally study the environmental factors cer. The bill would authorize $30 mil- that may be related to the develop- lion for the next five years for these By Mrs. BOXER (for herself and ment of breast cancer. The lack of grants. Mr. SANTORUM): agreement within the scientific com- ‘‘Genetics loads the gun, the environ- S. 982. A bill to halt Syrian support munity and among breast cancer advo- ment pulls the trigger,’’ as Ken Olden, for terrorism, end its occupation of cates on this question highlights the the Director of NIEHS, frequently says. Lebanon, stop its development of weap- need for further study. Many scientists believe that certain ons of mass destruction, cease its ille- It is generally believed that the envi- groups of women have genetic vari- gal importation of Iraqi oil, and hold ronment plays some role in the devel- ations that may make them more sus- Syria accountable for its role in the opment of breast cancer, but the extent ceptible to adverse environmental ex- Middle East, and for other purposes; to of that role is not understood. The posures. We need to step back and the Committee on Foreign Relations. Breast Cancer and Environmental Re- gather evidence before we come to con- Mrs. BOXER. Mr. President, today I search Act of 2003 will enable us to con- clusions—that is the purpose of this am reintroducing the Syria Account- duct more conclusive and comprehen- bill. People are hungry for information, ability Act, a bill that aims to end Syr- sive research to determine the impact and there is a lot of inconclusive data ian support for terrorism by diplomatic of the environment on breast cancer. out there, some of which has no sci- and economic means. Before we can find the answers, we entific merit whatsoever. We have the It is well known that terrorist orga- must determine the right questions we opportunity through this legislation to nizations like Hizballah, Hamas, and should be asking. gather legitimate and comprehensive the Popular Front for the Liberation of While more research is being con- data from premier research institu- Palestine maintain offices, training ducted into the relationship between tions across the nation. camps, and other facilities on Syrian breast cancer and the environment, According to the American Cancer territory and in areas of Lebanon occu- there are still several issues that must Society, each year 800 women in Rhode pied by the Syrian armed forces. We be resolved to make this research more Island are diagnosed with breast can- must address this issue not with saber effective. They are as follows: cer, and 200 women in my state will die rattling but by confronting the Gov- There is no known cause of breast of this terrible disease this year. We ernment of Syria in a diplomatic way cancer. There is little agreement in the owe it to these women who are diag- that shows the seriousness of our con- scientific community on how the envi- nosed with this life-threatening disease cerns. ronment affects breast cancer. While to provide them with answers for the The Syria Accountability Act works studies have been conducted on the first time. to achieve our foreign policy goals by links between environmental factors I urge my colleagues to join me in expanding economic and diplomatic like pesticides, diet, and electro- supporting and cosponsoring this im- sanctions against Syria until the Presi- magnetic fields, no consensus has been portant legislation, and ask unanimous dent certifies that Syria has ended its reached. There are other factors that consent that the text of the legislation support of terrorism, withdrawn from have not yet been studied that could be printed in the RECORD. Lebanon, ceased its chemical and bio- provide valuable information. While There being no objection, the text of logical weapons program, and no longer there is much speculation, it is clear the bill was ordered to be printed in illegally imports Iraqi oil. The bill pro- that the relationship between environ- the RECORD, as follows: vides flexibility to the President by al- mental exposures and breast cancer is S. 983 lowing him to choose from a variety of poorly understood. Be it enacted by the Senate and House of Rep- sanctions, as well as the authority to There are challenges in conducting resentatives of the United States of America in waive sanctions if it is in the interest environmental research. Identifying Congress assembled, of United States national security. linkages is difficult. Laboratory ex- SECTION 1. SHORT TITLE. I hope this legislation will receive periments and cluster analyses, such as This Act may be cited as the ‘‘Breast Can- the support of the Administration and those in Long Island, New York, cannot cer and Environmental Research Act of Congress because it provides the Presi- reveal whether an environmental expo- 2003’’. dent with the flexibility to target spe- sure increases a woman’s risk of breast SEC. 2. FINDINGS. cific sanctions against Syria, but in no cancer. Epidemiological studies must The Congress finds as follows: way threatens or condones the use of be designed carefully, because environ- (1) Breast cancer is the second leading mental exposures are difficult to meas- cause of cancer deaths among American military force against Syria. women. ure. (2) More women in the United States are By Mr. CHAFEE (for himself, Mr. Coordination between the National living with breast cancer than any other REID, Mr. HATCH, Ms. MIKULSKI, Institutes of Health, NIH, the National cancer (excluding skin cancer). Approxi- Ms. COLLINS, Mr. LEAHY, Mr. Cancer Institute, NCI, and the National mately 3,000,000 women in the United States WARNER, Mr. KENNEDY, Mr. Institute of Environmental Health are living with breast cancer, 2,000,000 of VOINOVICH, Mr. BIDEN, Mr. Sciences, NIEHS, needs to occur. NCI which have been diagnosed and an estimated ALLEN, Mrs. CLINTON, Mr. FITZ- and NIEHS are the two institutes in 1,000,000 who do not yet know that they have the disease. GERALD, MRS. MURRAY, Ms. the NIH that fund most of the research (3) Breast cancer is the most commonly di- SNOWE, Mr. JOHNSON, Mr. FEIN- related to breast cancer and the envi- agnosed cancer among women in the United GOLD, Mrs. FEINSTEIN, Mr. ronment; however, comprehensive in- States and worldwide (excluding skin can- REED, and Mr. CORZINE): formation is not currently available. cer). In 2003, it is estimated that 258,600 new S. 983. A bill to amend the Public This legislation would establish eight cases of breast cancer will be diagnosed Health Service Act to authorize the Di- Centers of Excellence to study these among women in the United States, 211,300

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5675 cases of which will involve invasive breast ‘‘(II) represent multiple disciplines, includ- Mr. REID. Mr. President, I am cancer and 47,300 cases of which will involve ing clinical, basic, and public health pleased to join Senator CHAFEE in re- ductal carcinoma in situ (DCIS). sciences; introducing the Breast Cancer and En- (4) Breast cancer is the second leading ‘‘(III) represent different geographical re- vironmental Research Act. Senator cause of cancer death for women in the gions of the United States; United States. Approximately 40,000 women ‘‘(IV) are from practice settings or aca- CHAFEE and I serve together on the En- in the United States die from the disease demia or other research settings; and vironment and Public Works Com- each year. Breast cancer is the leading cause ‘‘(V) are experienced in biomedical review; mittee where we have had the oppor- of cancer death for women in the United and tunity to take a closer look at dif- States between the ages of 20 and 59, and the ‘‘(ii) three members shall be appointed ferent environment-related health con- leading cause of cancer death for women from the general public who are representa- cerns. After a number of children in worldwide. tives of individuals who have had breast can- the small town of Fallon, NV, were di- (5) A woman in the United States has a 1 in cer and who represent a constituency; and agnosed with leukemia, the committee 8 chance of developing invasive breast cancer ‘‘(B) such nonvoting, ex officio members as in her lifetime. This risk was 1 in 11 in 1975. the Secretary determines to be appropriate. traveled to Nevada to investigate what In 2001, a new case of breast cancer will be ‘‘(3) CHAIRPERSON.—The members of the environmental factors may have con- diagnosed every 2 minutes and a woman will Panel appointed under paragraph (2)(A) shall tributed to the cancer cluster. die from breast cancer every 13 minutes. select a chairperson from among such mem- The Fallon hearing reminded me how (6) All women are at risk for breast cancer. bers. little we know about what causes can- About 90 percent of women who develop ‘‘(4) MEETINGS.—The Panel shall meet at cer and what, if any, connection exists breast cancer do not have a family history of the call of the chairperson or upon the re- between the environment and cancer. the disease. quest of the Director, but in no case less Three decades have passed since Presi- (7) The National Action Plan on Breast often than once each year. dent Nixon declared the ‘‘War on Can- Cancer, a public private partnership, has rec- ‘‘(5) DUTIES.—The Panel shall— ognized the importance of expanding the ‘‘(A) oversee the peer review process for cer’’ and scientists are still struggling scope and breadth of biomedical, epidemio- the awarding of grants under subsection (a) with these and other crucial unan- logical, and behavioral research activities and conduct the programmatic review under swered questions about cancer. This is related to the etiology of breast cancer and such subsection; particularly true in the case of breast the role of the environment. ‘‘(B) make recommendations with respect cancer. We still don’t know what (8) To date, there has been only a limited to the funding criteria and mechanisms causes breast cancer. We don’t know if research investment to expand the scope or under which amounts will be allocated under the environment plays a role in the de- coordinate efforts across disciplines or work this section; and with the community to study the role of the ‘‘(C) make final programmatic rec- velopment of breast cancer, and if it environment in the development of breast ommendations with respect to grants under does, we don’t know how significant cancer. this section. that role is. In our search for answers (9) In order to take full advantage of the ‘‘(c) COLLABORATION WITH COMMUNITY.— about breast cancer, we need to make tremendous potential for avenues of preven- Each center under subsection (a) shall estab- sure we are asking the right questions. tion, the Federal investment in the role of lish and maintain ongoing collaborations To date, there has been only a lim- the environment and the development of with community organizations in the geo- ited research investment to study the breast cancer should be expanded. graphic area served by the center, including role of the environment in the develop- those that represent women with breast can- (10) In order to understand the effect of ment of breast cancer. More research chemicals and radiation on the development cer. of cancer, multi-generational, prospective ‘‘(d) COORDINATION OF CENTERS; REPORTS.— needs to be done to determine the im- studies are probably required. The Director of the Institute shall, as appro- pact of the environment on breast can- priate, provide for the coordination of infor- cer. The Breast Cancer and Environ- SEC. 3. NATIONAL INSTITUTE OF ENVIRON- mation among centers under subsection (a) MENTAL HEALTH SCIENCES; mental Research Act would give sci- AWARDS FOR DEVELOPMENT AND and ensure regular communication between entists the tools they need to pursue a OPERATION OF RESEARCH CENTERS such centers, and may require the periodic better understanding about what links REGARDING ENVIRONMENTAL FAC- preparation of reports on the activities of TORS RELATED TO BREAST CANCER. the centers and the submission of the reports between the environment and breast Subpart 12 of part C of title IV of the Pub- to the Director. cancer may exist. Specifically, our bill lic Health Service Act (42 U.S.C. 285L et seq.) ‘‘(e) REQUIRED CONSORTIUM.—Each center would authorize $30 million to the Na- is amended by adding at the end the fol- under subsection (a) shall be formed from a tional Institute of Environmental lowing section: consortium of cooperating institutions, Health Sciences to establish eight Cen- meeting such requirements as may be pre- ‘‘SEC. 463B. RESEARCH CENTERS REGARDING EN- ters of Excellence that would focus on scribed by the Director of the Institute. Each VIRONMENTAL FACTORS RELATED breast cancer and the environment. TO BREAST CANCER. center shall require collaboration among In the year 2003 alone, it is estimated highly accomplished scientists, other health ‘‘(a) IN GENERAL.—The Director of the In- professionals and advocates of diverse back- that 258,600 new cases of breast cancer stitute, based on recommendations from the grounds from various areas of expertise. will be diagnosed among women in the Breast Cancer and Environmental Research ‘‘(f) DURATION OF SUPPORT.—Support of a United States. In Nevada, an estimated Panel established under subsection (b) (re- center under subsection (a) may be for a pe- ferred to in this section as the ‘Panel’) shall 1400 new cases will be diagnosed in 2003, riod not exceeding 5 years. Such period may and tragically, approximately 300 make grants, after a process of peer review be extended for one or more additional peri- and programmatic review, to public or non- women in Nevada will die of breast ods not exceeding 5 years if the operations of cancer this year. If we miss promising profit private entities for the development such center have been reviewed by an appro- and operation of not more than 8 centers for priate technical and scientific peer review research opportunities because of Con- the purpose of conducting multidisciplinary group established by the Director of the In- gress’ failure to act, millions of women and multi-institutional research on environ- stitute and if such group has recommended and their families will face critical un- mental factors that may be related to the to the Director that such period should be answered questions about breast can- etiology of breast cancer. Each such center extended. cer. During the 107th Congress, almost shall be known as a Breast Cancer and Envi- ‘‘(g) GEOGRAPHIC DISTRIBUTION OF CEN- ronmental Research Center of Excellence. half of the Senate cosponsored this im- TERS.—The Director of the Institute shall, to portant legislation. There is no reason ‘‘(b) BREAST CANCER AND ENVIRONMENTAL the extent practicable, provide for an equi- RESEARCH PANEL.— table geographical distribution of centers we should not be able to work together ‘‘(1) ESTABLISHMENT.—The Secretary shall under this section. during this session to pass this bill so establish in the Institute of Environmental ‘‘(h) INNOVATIVE APPROACHES.—Each center we can find answers for the millions of Health Sciences a Breast Cancer and Envi- under subsection (a) shall use innovative ap- Americans affected by breast cancer. I ronmental Research Panel. proaches to study unexplored or under-ex- urge my colleagues to join in our quest ‘‘(2) COMPOSITION.—The Panel shall be com- plored areas of the environment and breast for answers about this deadly disease posed of— cancer. and to support the Breast Cancer and ‘‘(A) 9 members to be appointed by the Sec- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— retary, of which— For the purpose of carrying out this section, Environmental Research Act. ‘‘(i) six members shall be appointed from there is authorized to be appropriated among physicians, and other health profes- $30,000,000 for each of the fiscal years 2004 By Mr. BAUCUS: sionals, who— through 2009. Such authorization is in addi- S. 984. A bill to direct the Secretary ‘‘(I) are not officers or employees of the tion to any other authorization of appropria- of the Interior to evaluate opportuni- United States; tions that is available for such purpose.’’. ties to enhance domestic oil and gas

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5676 CONGRESSIONAL RECORD — SENATE May 1, 2003 production through the exchange of are located in the Badger-Two Medi- tion’s study found that this area con- nonproducing Federal oil and gas cine area, where the lease suspension tains the smallest volumes of oil and leases located in the Lewis and Clark could be lifted soon. These leaseholders gas resources of all five of the Western National Forest, in the Flathead Na- have invested time and resources in ac- inventory areas. For example, the tional Forest, and on Bureau of Land quiring their leases. Several lease- mean estimate of all natural gas re- Management land in the State of Mon- holders have applied to the federal gov- serves in the Uinta/Pinceance Basin in tana, and for other purposes; to the ernment for permits to drill. These Colorado and Utah is 22 trillion cubic Committee on Energy and Natural Re- leases are the subject of my proposed feet. In the Front, the mean estimate sources. bill. is only 8.6 trillion cubic feet. Mr. BAUCUS. Mr. President, I am in- History has shown that energy explo- Additionally, the study concluded troducing a bill today that I hope will ration and development in the Front is that in reality, the vast majority of take us one step closer to achieving likely to result in expensive and time- Federal lands in the interior West are permanent protections for Montana’s consuming environmental studies and available for leasing with few if any re- magnificent Rocky Mountain Front. litigation. This process rarely ends strictions. Although a large percentage The Front, as we call it back home, with a solution that is satisfactory to of federal lands in the Front are cur- is part of one of the largest and most the oil and gas lessee. For example, in rently unavailable for leasing, many of intact wild places left in the lower 48. the late 1980’s both Chevron and Fina those lands are unavailable because To the North, the Front includes a 200 applied for permits to drill in the Badg- they lie under Glacier National Park, square mile area known as the Badger- er Two Medicine portion of the Front. Indian lands, and already established Two Medicine in the Lewis and Clark After millions of dollars spent on wilderness areas, which comprise much National Forest. This area sits just studies and years of public debate, of the Federal land in the Front. So, south-east of Glacier National Park, Chevron abandoned or assigned all of not only is the Front relatively poor in one of our greatest national treasures. its lease rights, and Fina sold its lease terms of oil and gas reserves, many of The Badger-Two Medicine area is sa- rights back to the original owner. those reserves—by Congressional man- cred ground to the Blackfeet Tribe. In Therefore, I think we should be fair date, executive order or treaty—will January of 2002, portions of the Badger- to those leaseholders. We want them to never be available for leasing. Two, known as the Badger-Two Medi- continue to provide for our domestic We should look for ways to fairly cine Blackfoot Traditional Cultural oil and gas needs, but they are going to compensate leaseholders for invest- District, were declared eligible for list- have a long, difficult and expensive ments they’ve made in their leases if ing in the National Register of Historic road if they wish to develop oil and gas they decide to leave the Front rather Places. in the Rocky Mountain Front. than waste years and millions fighting South of the Badger-Two, the Front My legislation would direct the Inte- to explore for uncertain—and small— includes a 400 square mile strip of na- rior Department to evaluate non-pro- oil and gas reserves. A lot of Mon- tional forest land and about 20 square ducing leases in the Rocky Mountain tanans just don’t want to see the Front miles of BLM lands, including three Front and look at opportunities to can- developed, and they will fight to pro- BLM Outstanding Natural Areas. cel those leases, in exchange for allow- tect it. Including me. Not only does the Front still retain ing leaseholders to explore for oil and So, developers can wait years, or dec- almost all its native species, but it also gas somewhere else, namely in the Gulf ades, or most likely never, for oil and harbors the country’s largest bighorn of Mexico or in the State of Montana. gas to flow from the Front. Or we can sheep herd and second largest elk herd. In conducting this evaluation, the Sec- look at ways to encourage domestic The Rocky Mountain Front supports retary would have to consult with production much sooner, in much more one of the largest populations of griz- leaseholders, with the State of Mon- cost effective, appropriate and efficient zly bears south of Canada and is the tana, the public and other interested ways somewhere else. only place in the lower 48 states where parties. That is what I hope this legislation grizzly bears still roam from the moun- When Interior concludes this study in will accomplish Mr. President, and I tains to their historic range on the two years, the bill calls for the agency hope my colleagues in the Senate will plains. to make recommendations to Congress support it. Because of this exceptional habitat, and the Energy and Natural Resources the Front offers world renowned hunt- Committee on the advisability of pur- By Mr. DODD (for himself, Ms. ing, fishing and recreational opportuni- suing lease exchanges in the Front and COLLINS, Mrs. CLINTON, Mr. ties. Sportsmen, local land owners, any changes in law and regulation CORZINE, Ms. CANTWELL, Mr. hikers, local communities and many needed to enable the Secretary to un- DURBIN, Mr. GRASSLEY, Mr. other Montanans have worked for dec- dertake such an exchange. LEAHY, Ms. SNOWE, Mr. REED, ades to protect and preserve the Front Finally, in order to allow the Sec- Mr. BIDEN, Mrs. FEINSTEIN, Mr. for future generations. retary to conduct this study, my bill SCHUMER, Mr. LIEBERMAN, Mr. In short, a majority of Montanans would continue the current lease sus- WARNER, Mr. JOHNSON, Mrs. feel very strongly that oil and gas de- pension in the Badger-Two Medicine MURRAY, Mr. CARPER, Mr. velopment, and Montana’s Rocky Area for three more years. This lease KERRY, Mr. BAUCUS, Mr. REID, Mountain Front, just don’t mix. The suspension would only apply to the Mr. SARBANES, and Mr. JEF- habitat is too rich, the landscape too Badger-Two Medicine Area, not the en- FORDS): important, to subject it to the roads, tire Front. S. 985. A bill to amend the Federal drills, pipelines, industrial equipment, That’s it, that’s all my bill does. It Law Enforcement Pay Reform Act of chemicals, noise and human activity doesn’t predetermine any outcome, it 1990 to adjust the percentage differen- that come with oil and gas develop- doesn’t impact any existing explo- tials payable to Federal law enforce- ment. ration activities or environmental ment officers in certain high-cost Building upon a significant public processes. It just creates a process areas, and for other purposes; to the and private conservation investment through which the federal government, Committee on Governmental Affairs. and following an extensive public com- the people of Montana and leaseholders Mr. DODD. Mr. President, I rise ment process, the Lewis and Clark Na- can finally have a real, open and hon- today to introduce legislation that is tional Forest decided in 1997 to with- est discussion about the fate of the important to America’s Federal law en- draw for 15 years 356,000 acres in the Rocky Mountain Front. forcement officers and the people they Front from any new oil and gas leas- I would also point out that the Ad- protect across the country. I am joined ing. This was a significant first step in ministration recently completed an in- today by Senator COLLINS, Senator protecting the Front from development ventory of the onshore oil and gas re- CLINTON, Senator CORZINE, Senator that I wholeheartedly supported. serves on federal lands in five basins in CANTWELL, Senator DURBIN, Senator However, in many parts of the Rocky the Interior West, including the Rocky GRASSLEY, Senator LEAHY, Senator Mountain Front, oil and gas leases Mountain Front, also known as the SNOWE, Senator REED, Senator BIDEN, exist that pre-date the 1997 decision or Montana Thrust Belt. The Administra- Senator FEINSTEIN, Senator SCHUMER,

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5677 Senator LIEBERMAN, Senator WARNER, and retaining law enforcement officers ‘‘Area Differential Senator JOHNSON, Senator MURRAY, of the highest caliber. However, we Philadelphia-Wilmington-At- Senator CARPER, Senator KERRY, Sen- must also recognize that the Federal lantic City, PA-NJ-DE-MD Consolidated Metropolitan ator BAUCUS, Senator REID, Senator government is in competition with Statistical Area ...... 21.03% SARBANES, and Senator JEFFORDS. State and Local police departments Pittsburgh Consolidated Metro- The legislation that we are offering that often pay more and provide better politan Statistical Area ...... 14.89% will amend the Federal Law Enforce- standards of living. Portland-Salem, OR-WA Con- ment Pay Reform Act of 1990 to ensure I urge all of my colleagues to join us solidated Metropolitan Sta- that the government treats Federal in this effort. I hope that we can quick- tistical Area ...... 20.96% law enforcement officers fairly. This ly pass this important legislation be- Richmond Consolidated Metro- bill will partially increase the locality cause it will improve the lives of the politan Statistical Area ...... 16.46% pay adjustments paid to Federal agents men and women who are dedicated to Sacramento-Yolo, CA Consoli- in certain high cost areas. These areas dated Metropolitan Statis- protecting us. In so doing, it will im- tical Area ...... 20.77% have pay disparities so high they are prove the Nation’s domestic security. San Diego, CA Consolidated negatively affecting our Federal law I ask unanimous consent that the Metropolitan Statistical Area 22.13% enforcement officers, since locality pay text of the bill be printed in the San Francisco-Oakland-San adjustments have either not been in- RECORD. Jose, CA Consolidated Metro- creased since 1990, or have been in- There being no objection, the bill was politan Statistical Area ...... 32.98% creased negligibly. ordered to be printed in the RECORD, as Seattle-Tacoma-Bremerton, All over America, Federal law en- follows: WA Consolidated Metropoli- tan Statistical Area ...... 21.18% forcement personnel are enduring tre- S. 985 St. Louis Consolidated Metro- mendous stress associated with our Na- Be it enacted by the Senate and House of Rep- politan Statistical Area ...... 14.69% tion’s effort to protect citizens from resentatives of the United States of America in Washington-Baltimore, DC-MD- the threat of terrorism. Unfortunately, Congress assembled, VA-WV Consolidated Metro- that stress has been compounded by SECTION 1. ADJUSTED DIFFERENTIALS. politan Statistical Area ...... 19.48% ongoing pressing concerns among many (a) IN GENERAL.—Paragraph (1) of section Rest of United States Consoli- such personnel about their pay. I have 404(b) of the Federal Law Enforcement Pay dated Metropolitan Statis- heard from officers who have described Reform Act of 1990 (5 U.S.C. 5305 note) is tical Area ...... 14.19%’’. amended by striking the matter after ‘‘fol- long commutes, high personal debts, (b) SPECIAL RULES.—For purposes of the lows:’’ and inserting the following: and in some cases, almost all-con- provision of law amended by subsection (a)— ‘‘Area Differential suming concerns about financial inse- (1) the counties of Providence, Kent, Wash- Atlanta Consolidated Metro- ington, Bristol, and Newport, RI, the coun- curity. Many of these problems occur politan Statistical Area ...... 16.82% ties of York and Cumberland, ME, and the when agents or officers are transferred Boston-Worcester-Lawrence, city of Concord, NH, shall be treated as if lo- from low-cost parts of the country to MA-NH-ME-CT-RI Consoli- cated in the Boston-Worcester-Lawrence, high-cost areas. I have been told that dated Metropolitan Statis- MA-NH-ME-CT-RI Consolidated Metropoli- some Federal officers are forced to sep- tical Area ...... 24.42% tan Statistical Area; and arate from their families and rent Chicago-Gary-Kenosha, IL-IN- (2) members of the Capitol Police shall be WI Consolidated Metropolitan considered to be law enforcement officers rooms in the cities to which they have Statistical Area ...... 25.68% been transferred because they cannot within the meaning of section 402 of the Fed- Cincinnati-Hamilton, OH-KY- eral Law Enforcement Pay Reform Act of afford to rent or buy homes large IN Consolidated Metropolitan 1990. enough for a family. Statistical Area ...... 21.47% (c) EFFECTIVE DATE.—The amendment Unfortunately, the raise in the cost Cleveland Consolidated Metro- made by subsection (a)— of living in many cities across America politan Statistical Area ...... 17.83% (1) shall take effect as if included in the has outstripped our Federal pay sys- Columbus Consolidated Metro- Federal Law Enforcement Pay Reform Act of politan Statistical Area ...... 16.90% 1990 on the date of the enactment of such tem. I recognize that this is a problem Dallas Consolidated Metropoli- Act; and for other Federal employees and I am tan Statistical Area ...... 18.51% (2) shall be effective only with respect to prepared to work with my colleagues Dayton Consolidated Metropoli- pay for service performed in pay periods be- to address this larger issue. The cost of tan Statistical Area ...... 15.97% ginning on or after the date of the enact- Denver-Boulder-Greeley, CO living has also had a very negative im- ment of this Act. Consolidated Metropolitan pact on non-federal employees as well Subsection (b) shall be applied in a manner Statistical Area ...... 22.78% and I have consistently worked to en- consistent with the preceding sentence. sure that all working Americans enjoy Detroit-Ann Arbor-Flint, MI Consolidated Metropolitan SEC. 2. SEPARATE PAY, EVALUATION, AND PRO- a truly livable wage. The legislation Statistical Area ...... 25.61% MOTION SYSTEM FOR FEDERAL LAW that we are introducing today in no Hartford, CT Consolidated Met- ENFORCEMENT OFFICERS. way suggests that the needs of other ropolitan Statistical Area ..... 24.47% (a) STUDY.—Not later than 6 months after workers should be ignored, but it ac- Houston-Galveston-Brazoria, the date of the enactment of this Act, the Of- fice of Personnel Management shall study knowledges that as we continue to ask TX Consolidated Metropoli- tan Statistical Area ...... 30.39% and submit to Congress a report which shall Federal law enforcement personnel to contain its findings and recommendations put in long hours and remain on Huntsville Consolidated Metro- politan Statistical Area ...... 13.29% regarding the need for, and the potential heightened alert, we must provide Indianapolis Consolidated Met- benefits to be derived from, the establish- them with a salary sufficient to allow ropolitan Statistical Area ..... 13.38% ment of a separate pay, evaluation, and pro- them to focus on their vital work with- Kansas City Consolidated Met- motion system for Federal law enforcement out nagging worries about how to pro- ropolitan Statistical Area ..... 14.11% officers. In carrying out this subsection, the vide their families with the essentials Los Angeles-Riverside-Orange Office of Personnel Management shall take County, CA Consolidated into account the findings and recommenda- of food, clothing, and shelter. tions contained in the September 1993 report The Federal Law Enforcement Offi- Metropolitan Statistical Area 27.25% Miami-Fort Lauderdale, FL of the Office entitled ‘‘A Plan to Establish a cers Association, representing more Consolidated Metropolitan New Pay and Job Evaluation System for than 19,000 Federal agents, along with Statistical Area ...... 21.75% Federal Law Enforcement Officers’’. the Fraternal Order of Police, National Milwaukee Consolidated Metro- (b) DEMONSTRATION PROJECT.— Association of Police Organizations, politan Statistical Area ...... 17.45% (1) IN GENERAL.—If, after completing its re- National Troopers Coalition, National Minneapolis-St. Paul, MN-WI port under subsection (a), the Office of Per- Organization of Black Law Enforce- Consolidated Metropolitan sonnel Management considers it to be appro- ment Executives, International Broth- Statistical Area ...... 20.27% priate, the Office shall implement, within 12 New York-Northern New Jer- months after the date of the enactment of erhood of Police, and the Police Execu- sey-Long Island, NY-NJ-CT- this Act, a demonstration project to deter- tive Research Forum have endorsed PA Consolidated Metropoli- mine whether a separate system for Federal this legislative proposal. tan Statistical Area ...... 27.11% law enforcement officers (as described in In these difficult times, we must re- Orlando, FL Consolidated Met- subsection (a)) would result in improved Fed- main committed to recruiting, hiring, ropolitan Statistical Area ..... 14.22% eral personnel management.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5678 CONGRESSIONAL RECORD — SENATE May 1, 2003 (2) APPLICABLE PROVISIONS.—Any dem- (1) help the Nation recover from natural ment serves them, and how govern- onstration project under this subsection disasters and terrorist attacks; ment services make life better for all shall be conducted in accordance with the (2) fight crime and fire; of us. provisions of chapter 47 of title 5, United (3) deliver the mail; For example, public servants help the States Code, except that a project under this (4) teach and work in the schools; Nation recover from natural disasters subsection shall not be taken into account (5) deliver social security and medicare for purposes of the numerical limitation benefits; and terrorist attacks; fight crime and under section 4703(d)(2) of such title. (6) fight disease and promote better health; fire; deliver the mail; teach our chil- (3) PERMANENT CHANGES.—Not later than 6 (7) protect the environment and national dren; provide local transportation; pro- months before the demonstration project’s parks; tect the environment; fight disease and scheduled termination date, the Office of (8) defend and secure critical infrastruc- promote better health; improve the Personnel Management shall submit to Con- ture; quality and safety of water and food; gress— (9) improve and secure transportation and and defend our freedom. Since Sep- (A) its evaluation of the system tested the quality and safety of water and food; under the demonstration project; and tember 11, 2001, public servants at the (10) build and maintain roads and bridges; (B) recommendations as to whether or not Federal, State, and local level worked (11) provide vital strategic and support that system (or any aspects of that system) around the clock to prevent terrorist functions to our military; should be continued or extended to other attacks and reduce our vulnerability to Federal law enforcement officers. (12) keep the Nation’s economy stable; (13) defend our freedom; and future attacks in addition to carrying (c) FEDERAL LAW ENFORCEMENT OFFICER (14) advance United States interests out their other job related responsibil- DEFINED.—In this section, the term ‘‘Federal ities. Such dedication and hard work law enforcement officer’’ means a law en- around the world; Whereas public servants at the Federal, deserve our recognition. forcement officer as defined under section State, and local level are the first line of de- 8331(20) or 8401(17) of title 5, United States I would like to pay particular atten- fense in maintaining homeland security; Code. tion to the men and women who serve Whereas public servants at every level of SEC. 3. LIMITATION ON PREMIUM PAY. in our armed forces, and the civilian government are hard-working men and employees who support their missions. (a) IN GENERAL.—Section 5547 of title 5, women, committed to doing a good job re- United States Code, is amended— gardless of the circumstances; These employees are key to the secu- (1) in subsection (a), by striking ‘‘5545a,’’; Whereas Federal, State, and local govern- rity and defense of our Nation. From (2) in subsection (c), by striking ‘‘or 5545a’’; ment employees have risen to the occasion the war against terrorism to Operation and and demonstrated professionalism, dedica- Iraqi Freedom, our military and civil- (3) in subsection (d), by striking the period tion, and courage while fighting the war ian support staff show courage in the and inserting ‘‘or a criminal investigator against terrorism; face of adversity. They too are ready, who is paid availability pay under section Whereas the men and women serving in the willing, and able to make this a safer 5545a.’’. Armed Forces of the United States, as well world. (b) EFFECTIVE DATE.—The amendments as those Federal employees who provide sup- made by this section shall take effect as if port to their efforts, contribute greatly to While Public Service Recognition included in the enactment of section 1114 of the security of the Nation and the world; Week represents an opportunity for us the National Defense Authorization Act for Whereas May 5 through 11, 2003, has been to honor and celebrate the commit- Fiscal Year 2002 (Public Law 107–107; 115 designated Public Service Recognition Week ment of individuals who serve the Stat. 1239). to honor America’s Federal, State, and local needs of the Nation as government and government employees; and f municipal employees, it is also a time Whereas Public Service Recognition Week to call on a new generation of Ameri- SUBMITTED RESOLUTIONS will be celebrated through job fairs, student activities, and agency exhibits: Now, there- cans to consider public service. As my fore, be it colleagues know, the Federal Govern- Resolved, That the Senate— ment is facing a crisis in its recruit- SENATE RESOLUTION 130—EX- (1) commends government employees for ment and retention efforts. The prob- PRESSING THE SENSE OF THE their outstanding contributions to this great lem is so critical that the General Ac- SENATE THAT PUBLIC SERV- Nation; counting Office, GAO, has placed the ANTS SHOULD BE COMMENDED (2) salutes their unyielding dedication and so-called ‘human capital crisis’ on its FOR THEIR DEDICATION AND spirit for public service; High Risk List. According to the GAO, CONTINUED SERVICE TO THE NA- (3) honors those public servants who have given their lives in service to their country; nearly 50 percent of the Federal work- TION DURING PUBLIC SERVICE force will be eligible to retire by 2005. RECOGNITION WEEK (4) calls upon a new generation of workers to consider a career in public service as an Although no one knows how many will Mr. AKAKA (for himself, Mr. FITZ- honorable profession; and actually retire, this situation poses se- GERALD, Ms. COLLINS, Mr. LIEBERMAN, (5) encourages efforts to promote public rious challenges for succession plan- Mr. VOINOVICH, Mr. DURBIN, Mr. COLE- service careers at all levels of government. ning in addition to mission perform- MAN, and Mr. LEVIN) submitted the fol- Mr. AKAKA. Mr. President. Today I ance. Public Service Recognition Week lowing resolution; which was referred rise to pay tribute to the hard-working provides an opportunity for individuals to the Committee on Governmental Af- men and women who dedicate their to gain a deeper understanding of the fairs: lives to public service. Whether it is on exciting and challenging work in the S. RES. 130 the Federal, State, or local level, pub- Federal Government and career oppor- Whereas Public Service Recognition Week lic servants perform essential func- tunities available. provides an opportunity to honor and cele- tions that Americans rely on every I invite my colleagues to honor the brate the commitment of individuals who day. For this reason, it is a privilege to patriotic commitment to public service meet the needs of the Nation through work submit a resolution to honor these em- that our Federal employees exemplify at all levels of government; ployees for Public Service Recognition and to join in the Federal Govern- Whereas over 20,000,000 men and women Week. I am delighted to be joined in ment’s annual celebration. During the work in government service in every city, this effort by Senators FITZGERALD, week there will be an extensive exhibit county, and State across America and in hundreds of cities abroad; COLLINS, LIEBERMAN, VOINOVICH, DUR- on the National Mall in Washington, Whereas Federal, State, and local officials BIN, COLEMAN, and LEVIN. D.C., showcasing many of our Federal perform essential services the Nation relies Public Service Recognition Week agencies and branches of the military, upon every day; takes place the week of May 5, 2003. as well as highlighting the services Whereas the United States of America is a Since 1985, the first week in May show- these agencies provide. In addition to great and prosperous Nation, and public cases the talented men and women who the Mall exhibits, I encourage my col- service employees have contributed signifi- serve America as Federal, State and leagues to recognize Federal employees cantly to that greatness and prosperity; Whereas the Nation benefits daily from the local government employees. Through- in their states, as well as State and knowledge and skills of these highly trained out the Nation and around the world, local government employees, to let individuals; public employees use the week to edu- them know how much their work is ap- Whereas public servants— cate their fellow citizens how govern- preciated.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5679 SENATE RESOLUTION 131—EX- independent political parties, and non- Whereas in turn the United States victory PRESSING THE SENSE OF THE governmental organizations, including by over the Taliban in Afghanistan provides im- SENATE THAT THE PRESIDENT easing registration processes; portant benefits to the Central Asian nations SHOULD AWARD THE PRESI- (D) permitting the free exercise of reli- by removing a regime that threatened their gious beliefs and ceasing the persecution of security and by significantly weakening the DENTIAL MEDAL OF FREEDOM members of religious groups and denomina- Islamic Movement of Uzbekistan, a terrorist TO GENERAL RAYMOND G. tions that do not engage in violence or polit- organization that had previously staged DAVIS, USMC (RETIRED) ical change through violence; armed raids from Afghanistan into the re- Mr. MILLER (for himself, Mr. BURNS, (E) holding free, competitive, and fair elec- gion; tions; and Whereas the United States has consist- Mr. WARNER, Mr. CHAMBLISS, and Mr. (F) making publicly available documenta- ently urged the nations of Central Asia to ROBERTS) submitted the following reso- tion of their revenues and punishing those open their political systems and economies lution; which was referred to the Com- engaged in official corruption; and to respect human rights, both before and mittee on the Judiciary: (2) the President, the Secretary of State, since the attacks of September 11, 2001; S. RES. 131 and the Secretary of Defense should— Whereas Kazakhstan, Kyrgyzstan, Whereas General Raymond G. Davis coura- (A) continue to raise at the highest levels Tajikistan, Turkmenistan, and Uzbekistan geously served his country as a Marine in with the governments of the nations of Cen- are members of the United Nations and the World War II, Korea, and Vietnam during 33 tral Asia specific cases of political and reli- Organization for Security and Cooperation in years of highly distinguished service; gious persecution, and to urge greater re- Europe (OSCE), both of which confer a range Whereas General Davis was presented with spect for human rights and democratic free- of obligations with respect to human rights the Medal of Honor by President Harry Tru- doms at every diplomatic opportunity; on their members; man for his heroic action in Korea; (B) take progress in meeting the goals Whereas while the United States recog- Whereas General Davis culminated his ex- specified in paragraph (1) into account when nizes marked differences among the social traordinary career in the Marines by serving determining the scope and nature of our dip- structures and commitments to democratic as Assistant Commandant to the Marine lomatic and military relations and assist- and economic reform of the Central Asian Corps in 1972; ance with each of such governments; nations, the United States notes neverthe- Whereas General Davis has worked tire- (C) ensure that the provisions of foreign less, according to the State Department lessly on behalf of military veterans since operations appropriations Acts are fully im- Country Reports on Human Rights Practices, his retirement; plemented to ensure that no United States that all five governments of such nations, to Whereas General Davis’ determination and assistance benefits security forces in Central differing degrees, restrict freedom of speech initiative led to the approval of the Korean Asia that are implicated in violations of and association, restrict or ban the activities War Veterans Memorial design, construc- human rights; of human rights organizations and other tion, and dedication in July of 1995; (D) press the Government of Turkmenistan non-governmental organizations, harass or Whereas General Davis has devoted a sig- to implement the helpful recommendations prohibit independent media, imprison polit- nificant amount of time and energy to the contained in the so-called ‘‘Moscow Mecha- ical opponents, practice arbitrary detention ongoing construction of a Georgia War Vet- nism’’ Report of the Organization for Secu- and arrest, and engage in torture and erans Memorial Park in Rockdale County, rity and Cooperation in Europe (OSCE) re- extrajudical executions; Georgia; and spect the right of all prisoners to due process Whereas by continuing to suppress human Whereas General Davis, as an active duty and a fair trial and release democratic activ- rights and to deny citizens peaceful, demo- Marine and as a private citizen, has dem- ists and their family members from prison; cratic means of expressing their convictions, onstrated exemplary courage, unwavering (E) urge the Government of Russia not to the nations of Central Asia risk fueling pop- devotion to duty, inspiring leadership, and extradite to Turkmenistan members of the ular support for violent and extremist move- sound judgment: Now, therefore, be it political opposition of Turkmenistan; ments, thus undermining the goals of the Resolved, That it is the sense of the Senate (F) work with the Government of war on terrorism; that the President should award the Presi- Kazakhstan to create a political climate free Whereas President George W. Bush has dential Medal of Freedom to General Ray- of intimidation and harassment, including made the defense of human dignity, the rule mond G. Davis, USMC (retired). releasing political prisoners and permitting of law, limits on the power of the state, re- the return of political exiles, and to reduce spect for women and private property, free f official corruption, including by urging the speech, equal justice, religious tolerance AMENDMENTS SUBMITTED & Government of Kazakhstan to cooperate strategic goals of United States foreign pol- PROPOSED with the ongoing Department of Justice in- icy in the Islamic world, arguing that ‘‘a vestigation; truly strong nation will permit legal avenues SA 533. Mr. MCCONNELL (for Mr. LUGAR) (G) support through United States assist- of dissent for all groups that pursue their as- proposed an amendment to the joint resolu- ance programs individuals, nongovernmental pirations without violence’’; and tion S.J. Res. 3, expressing the sense of Con- organizations, and media outlets in Central Whereas Congress has expressed its desire gress with respect to human rights in Cen- Asia working to build more open societies, to to see deeper reform in Central Asia in past tral Asia. support the victims of human rights abuses, resolutions and other legislation, most re- SA 534. Mr. MCCONNELL (for Mr. LUGAR) and to expose official corruption; and cently conditioning assistance to Uzbekistan proposed an amendment to the joint resolu- (H) press the Government of Uzbekistan to and Kazakhstan on their progress in meeting tion S.J. Res. 3, supra. implement fully the recommendations made commitments to the United States on f to the Government of Uzbekistan by the human rights and democracy: Now, there- United Nation’s Special Rapporteur on Tor- fore, be it TEXT OF AMENDMENTS ture; and f SA 533. Mr. MCCONNELL (for Mr. (3) increased levels of United States assist- ance to the governments of the nations of AUTHORITY FOR COMMITTEES TO LUGAR) proposed an amendment to the Central Asia made possible by their coopera- MEET joint resolution S.J. Res. 3, expressing tion in the war in Afghanistan can be sus- COMMITTEE ON COMMERCE, SCIENCE, AND the sense of Congress with respect to tained only if there is substantial and con- TRANSPORTATION human rights in Central Asia; as fol- tinuing progress towards meeting the goals Mr. MCCONNELL. Mr. President, I lows: specified in paragraph (1). ask unanimous consent that the Com- Strike all after the resolving clause and in- mittee on Commerce, Science, and sert the following: SA 534. Mr. MCCONNELL (for Mr. Transportation be authorized to meet That it is the sense of Congress that— LUGAR) proposed an amendment to the on Thursday, May 1, 2003, at 9:30 a.m. (1) the governments of Kazakhstan, joint resolution S.J. Res. 3, expressing in SR–253 on pending committee busi- Kyrgyzstan, Tajikistan, Turkmenistan, and the sense of Congress with respect to ness. Uzbekistan should accelerate democratic re- human rights in Central Asia; as fol- forms and fulfill their human rights obliga- The PRESIDING OFFICER. Without tions, including, where appropriate, by— lows: objection, it is so ordered. (A) releasing from prison anyone jailed for Strike the preamble and insert the fol- COMMITTEE ON COMMERCE, SCIENCE, AND peaceful political activism or the nonviolent lowing: TRANSPORTATION expression of their political or religious be- Whereas the Central Asian nations of Mr. MCCONNELL. Mr. President, I liefs; Kazakhstan, Kyrgyzstan, Tajikistan, ask unanimous consent that the Com- (B) fully investigating any credible allega- Turkmenistan, and Uzbekistan are providing tions of torture and prosecuting those re- the United States with assistance in the war mittee on Commerce, Science, and sponsible; in Afghanistan, from military basing and Transportation be authorized to meet (C) permitting the free and unfettered overflight rights to the facilitation of hu- on Thursday, May 1, 2003, at 2:30 p.m. functioning of independent media outlets, manitarian relief; in SR–253 on Nanotechnology.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5680 CONGRESSIONAL RECORD — SENATE May 1, 2003 The PRESIDING OFFICER. Without 2003 at 10:00 a.m. for a hearing entitled THE PRESIDING OFFICER. Without objection, it is so ordered. ‘‘Investing in Homeland Security: objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL Streamlining and Enhancing Homeland COMMITTEE ON SMALL BUSINESS AND RESOURCES Security Grant Programs.’’ ENTREPRENEURSHIP Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without ask unanimous consent that the Com- objection, it is so ordered. Mr. MCCONNELL. Mr. President, I mittee on Energy and Natural Re- COMMITTEE ON THE JUDICIARY ask unanimous consent that the Com- sources be authorized to meet during Mr. MCCONNELL. Mr. President, I mittee on Small Business and Entre- the session of the Senate, on Thursday, ask unanimous consent that the Com- preneurship be authorized to meet dur- May 1, at 10:00 a.m. to consider Com- mittee on the Judiciary be authorized ing the session of the Senate for a prehensive Energy Legislation. to meet to conduct a hearing on ‘‘Judi- roundtable entitled ‘‘SBA Re-Author- The PRESIDING OFFICER. Without cial Nominations’’ on Thursday, May 1, ization: Credit Programs (Part II)’’ and objection, it is so ordered. 2003, at 10:30 a.m. in Dirksen Room 226. other matters on Thursday, May 1, I. Nominations: Carolyn B. Kuhl to COMMITTEE ON FOREIGN RELATIONS 2003, beginning at 9:30 a.m. in room be US Circuit Judge for the Ninth Cir- 428A of the Russell Senate Office Build- Mr. MCCONNELL. Mr. President, I cuit, John G. Roberts, Jr. to be US Cir- ing. ask unanimous consent that the Com- cuit Judge for the District of Columbia THE PRESIDING OFFICER. Without mittee on Foreign Relations be author- Circuit, J. Leon Holmes to be US Dis- objection, it is so ordered. ized to meet during the session of the trict Judge for the Eastern District of Senate on Thursday, May 1, 2003 at Arkansas, and Patricia Head Minaldi SELECT COMMITTEE ON INTELLIGENCE 10:00 a.m. to hold a Nomination Hear- to be United States District Judge for Mr. MCCONNELL. Mr. President, I ing. the Western District of Louisiana. The PRESIDING OFFICER. Without II. Bills: S. Res. 75, A resolution com- ask unanimous consent that the Select objection, it is so ordered. memorating and acknowledging the Committee on Intelligence be author- COMMITTEE ON GOVERNMENTAL AFFAIRS dedication and sacrifice made by the ized to meet during the session of the Mr. MCCONNELL. Mr. President, I men and women who have lost their Senate on Thursday, May 1, 2003 at 2:30 ask unanimous consent that the Com- lives while serving as law enforcement p.m. to hold a closed mark-up. mittee on Governmental Affairs be au- officers [CAMPBELL, LEAHY, HATCH, THE PRESIDING OFFICER. Without thorized to meet on Thursday, hMay 1, BIDEN, DURBIN]. objection, it is so ordered. FOREIGN CURRENCY REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

AMENDED FROM 2002 4TH QUARTER—CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM OCT. 1, TO DEC. 31, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Jon Kamarck: Japan ...... Dollar ...... 1,356.00 ...... 7,155.21 ...... 8,511.21 Total ...... 1,356.00 ...... 7,155.21 ...... 8,511.21 TED STEVENS, Chairman, Committee on Appropriations, Apr. 2, 2003.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bill Nelson: Haiti ...... Dollar ...... 46.00 ...... 46.00 Karen Cully: Haiti ...... Dollar ...... 110.00 ...... 110.00 Senator John McCain: Germany ...... Euro ...... 518.00 ...... 518.00 Senator Joseph I. Lieberman: Germany ...... Euro ...... 600.00 ...... 600.00 Senator Jack Reed: Germany ...... Euro ...... 476.95 ...... 476.95 Senator Lindsey Graham: Germany ...... Euro ...... 650.00 ...... 650.00 Frederick M. Downey: Germany ...... Euro ...... 632.00 ...... 632.00 Daniel C. Twining: Germany ...... Euro ...... 720.00 ...... 720.00 Senator John Warner: Italy ...... Dollar ...... 109.00 ...... 109.00 Qatar ...... Dollar ...... 305.00 ...... 305.00 Pakistan ...... Dollar ...... 46.00 ...... 46.00 Kuwait ...... Dollar ...... 258.00 ...... 258.00 United Kingdom ...... Dollar ...... 223.00 ...... 223.00 Senator Carl Levin: Qatar ...... Dollar ...... 290.00 ...... 290.00 Pakistan ...... Dollar ...... 46.00 ...... 46.00 Kuwait ...... Dollar ...... 258.00 ...... 258.00 United Kingdom ...... Dollar ...... 449.00 ...... 449.00 Senator Pat Roberts: Italy ...... Dollar ...... 189.00 ...... 189.00 Qatar ...... Dollar ...... 568.00 ...... 568.00 Pakistan ...... Dollar ...... 320.00 ...... 320.00 Kuwait ...... Dollar ...... 439.00 ...... 439.00

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 8634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5681 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2003—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United Kingdom ...... Dollar ...... 449.00 ...... 449.00 Judith A. Ansley: Italy ...... Dollar ...... 111.00 ...... 111.00 Qatar ...... Dollar ...... 391.00 ...... 391.00 Pakistan ...... Dollar ...... 87.00 ...... 87.00 Kuwait ...... Dollar ...... 259.00 ...... 259.00 United Kingdom ...... Dollar ...... 278.00 ...... 278.00 Richard D. DeBobes: Qatar ...... Dollar ...... 393.00 ...... 393.00 Italy ...... Dollar ...... 119.00 ...... 119.00 Pakistan ...... Dollar ...... 67.00 ...... 67.00 Kuwait ...... Dollar ...... 270.00 ...... 270.00 United Kingdom ...... Dollar ...... 261.00 ...... 261.00 John F. Eisold: Italy ...... Dollar ...... 59.00 ...... 59.00 Qatar ...... Dollar ...... 305.50 ...... 305.50 Pakistan ...... Dollar ...... 300.00 ...... 300.00 Kuwait ...... Dollar ...... 303.00 ...... 303.00 United Kingdom ...... Dollar ...... 295.00 ...... 295.00 Charles W. Alsup: Colombia ...... Peso ...... 445.70 ...... 1,451.90 ...... 31.25 ...... 1,928.85 Evelyn N. Farkas: Colombia ...... Peso ...... 385.12 ...... 1,451.90 ...... 1,837.02

Total ...... 11,921.27 ...... 2,903.80 ...... 141.25 ...... 14,966.32 JOHN WARNER, Chairman, Committee on Armed Services, Apr. 1, 2003.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE. UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 17504(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Richard Shelby: United States ...... Dollar ...... 7,954.40 ...... 7,954.40 United Kingdom ...... Pound ...... 772.00 ...... 3,041.39 ...... 3,813.39 Switzerland ...... Franc ...... 952.00 ...... 952.00 Kathleen L. Casey: United States ...... Dollar ...... 8,308.32 ...... 8,308.32 United Kingdom ...... Pound ...... 1,144.00 ...... 1,144.00

Total ...... 2,868.00 ...... 19,304.11 ...... 22,172.11 RICHARD SHELBY, Chairman, Committee on Banking, Housing, and Urban Affairs, Mar. 19, 2003.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Jo-Ellen Darcy: United States ...... Dollar ...... 4,975.50 ...... 4,975.50 Chile ...... Peso ...... 910.00 ...... 910.00 Patricia Doerr: United States ...... Dollar ...... 5,718.50 ...... 5,718.50 Chile ...... Peso ...... 910.00 ...... 910.00 Genevieve Erny: United States ...... Dollar ...... 5,718.50 ...... 5,718.50 Chile ...... Peso ...... 910.00 ...... 910.00 Edward Michaels: United States ...... Dollar ...... 5,718.50 ...... 5,718.50 Chile ...... Peso ...... 910.00 ...... 910.00 Christy Plumer: United States ...... Dollar ...... 5,718.50 ...... 5,718.50 Chile ...... Peso ...... 910.00 ...... 910.00 Senator James Jeffords: United States ...... Dollar ...... 6,993.00 ...... 6,993.00 France ...... Euro ...... 2,116.00 ...... 3,937.25 ...... 6,053.25 Edward Barron: United States ...... Dollar ...... 6,993.00 ...... 6,993.00 France ...... Euro ...... 2,116.00 ...... 3,937.25 ...... 6,053.25 Erik Smulson: United States ...... Dollar ...... 6,993.00 ...... 6,993.00 France ...... Euro ...... 2,116.00 ...... 3,937.25 ...... 6,053.25 Jeffrey Squires: United States ...... Dollar ...... 6,846.36 ...... 6,846.36 France ...... Euro ...... 2,116.00 ...... 3,937.25 ...... 6,053.25

Total ...... 13,014.00 ...... 55,674.86 ...... 15,749.00 ...... 84,437.86 JAMES INHOFE, Chairman, Committee on Evironment and Public Works, Apr. 24, 2003.

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 8634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5682 CONGRESSIONAL RECORD — SENATE May 1, 2003 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Joseph Biden: Switzerland ...... Dollar ...... 1,262.80 ...... 1,262.80 Senator Lincoln Chafee: Panama ...... Dollar ...... 174.00 ...... 174.00 Colombia ...... Dollar ...... 175.00 ...... 175.00 Guyana ...... Dollar ...... 66.00 ...... 66.00 Haiti ...... Dollar ...... 234.00 ...... 234.00 Senator Christopher Dodd: Ireland ...... Dollar ...... 439.00 ...... 439.00 Spain ...... Euro ...... 240.00 ...... 240.00 United States ...... Dollar ...... 4,663.24 ...... 4,663.24 Senator Russell Feingold: Botswana ...... Pula ...... 262.00 ...... 262.00 South Africa ...... Rand ...... 625.00 ...... 625.00 United States ...... Dollar ...... 8,827.94 ...... 8,827.94 Jonah Blank: India ...... Dollar ...... 3,900.00 ...... 3,900.00 Bangladesh ...... Dollar ...... 210.00 ...... 210.00 Nepal ...... Dollar ...... 890.00 ...... 890.00 Bhutan ...... Dollar ...... 680.00 ...... 680.00 United States ...... Dollar ...... 7,020.18 ...... 7.020.18 Deborah Brayton: Panama ...... Dollar ...... 174.00 ...... 174.00 Colombia ...... Dollar ...... 175.00 ...... 175.00 Guyana ...... Dollar ...... 198.00 ...... 198.00 Haiti ...... Dollar ...... 234.00 ...... 234.00 Michelle Gavin: Botswana ...... Pula ...... 262.00 ...... 262.00 South Africa ...... Rand ...... 625.00 ...... 625.00 United States ...... Dollar ...... 8,827.94 ...... 8,827.94 Michael Haltzel: United Kingdom ...... Pound ...... 1,197.00 ...... 1,197.00 United States ...... Dollar ...... 5,823.63 ...... 5,823.63 Frank Jannuzi: South Korea ...... Won ...... 646.00 ...... 646.00 China ...... Yuan ...... 1,806.00 ...... 1,806.00 United States ...... Dollar ...... 4,669.11 ...... 4,669.11 Jofi Joseph: Belgium ...... Euro ...... 903.00 ...... 903.00 France ...... Euro ...... 450.00 ...... 450.00 United States ...... Dollar ...... 6,306.41 ...... 6,306.41 MaryEllen McGuire: Afghanistan ...... Dollar ...... 1,016.00 ...... 800.00 ...... 1,816.00 United Arab Emirates ...... Dollar ...... 856.00 ...... 856.00 United States ...... Dollar ...... 6,578.48 ...... 6,578.48 Janice O’Connell: Spain ...... Euro ...... 1,184.00 ...... 1,184.00 United States ...... Dollar ...... 4,159.41 ...... 4,159.41 Jennifer Simon: France ...... Euro ...... 632.00 ...... 632.00 United States ...... Dollar ...... 6.020.69 ...... 6.020.69

Total ...... 19,515.80 ...... 63,697.03 ...... 83,212.83 RICHARD LUGAR, Chairman, Committee on Foreign Relations, Apr. 7, 2003.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON JUDICIARY FOR TRAVEL FROM OCT. 1, 2002 TO DEC. 31, 2002

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Chung [Sean] Woo: China ...... Yuan ...... 1,407.00 ...... 350.00 ...... 1,757.00 Korea ...... Won ...... 792.00 ...... 150.00 ...... 942.00 United States ...... Dollar ...... 4,394.66 ...... 4,394.66

Total ...... 2,199.00 ...... 4,394.66 ...... 500.00 ...... 7,093.66 ORRIN HATCH, Chairman, Committee on Judiciary, Apr. 23, 2003.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2003

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

James Barnett ...... 194.00 ...... 194.00 Ann O’Donnell ...... 194.00 ...... 194.00 James Barnett ...... 647.00 ...... 647.00 Laura Parker ...... 264.00 ...... 264.00 Senator John D. Rockefeller ...... 1,191.00 ...... 1,191.000 Senator Mike DeWine ...... 725.00 ...... 725.00 Ann O’Donnell ...... 694.00 ...... 694.00

Total ...... 3,909.00 ...... 3,909.00 PAT ROBERTS, Chairman, Committee on Intelligence, Mar. 26, 2003.

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Transpor- Miscella- Name of Per diem tation neous Name Country currency (U.S. Dollar (U.S. Dollar (U.S. Dollar Total Equivalent) Equivalent) Equivalent)

Senator Joseph Lieberman: United States ...... Dollar ...... 5,742.50 ...... 5,742.50 Israel ...... Shekel ...... 2,368.00 ...... 2,368.00 Bahrain ...... Dinar ...... 321.00 ...... 321.00 Saudi Arabia ...... Riyal ...... 271.13 ...... 271.13 Fred Downey: United States ...... Dollar ...... 5,990.50 ...... 5,990.50 Israel ...... Shekel ...... 2,900.00 ...... 2,900.00 Bahrain ...... Dinar ...... 321.00 ...... 321.00 Saudi Arabia ...... Riyal ...... 171.00 ...... 171.00 Delegation Expenses:* Israel ...... Shekel ...... 20,653.00 ...... 20,653.00 Saudi Arabia ...... Riyal ...... 823.34 ...... 823.34 Total ...... 6,352.13 ...... 11,733.00 ...... 21,476.34 ...... 39,561.47 * Delegation expenses include payments and reimbursements to the Department of State under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. TOM DASCHLE, Democratic Leader, Mar. 31, 2003.

UNANIMOUS CONSENT Cornyn, Larry E. Craig, Saxby Cham- To be brigadier general AGREEMENT—S. 14 bliss, Lisa Murkowski, Jim Talent, Col. Douglas M. Stone Olympia Snowe, Mike DeWine, Michael Mr. MCCONNELL. Mr. President, I B. Enzi, Lindsey Graham, Jeff Ses- NAVY ask unanimous consent that on Tues- sions. The following named officer for appoint- day, May 6, at a time to be determined Mr. MCCONNELL. Mr. President, I ment in the United States Navy to the grade by the majority leader, after consulta- ask unanimous consent that the live indicated under title 10, U.S.C., section 624: tion with the Democratic leader, the quorum under Rule XXII be waived. To be rear admiral (lower half) Senate proceed to the consideration of The PRESIDING OFFICER. Without Capt. Thomas K. Burkhard calendar No. 79, S. 14, the energy bill; objection, it is so ordered. ARMY provided further, that no amendments EXECUTIVE CALENDAR The following named officer for appoint- be in order to the bill prior to Thurs- Mr. MCCONNELL. Mr. President, I day, May 8, or one day following the re- ment in the United States Army to the grade ask unanimous consent that the Sen- indicated while assigned to a position of im- port’s availability, whichever is later. ate immediately proceed to consider The PRESIDING OFFICER. Without portance and responsibility under title 10, the following nominations on today’s U.S.C., section 601: objection, it is so ordered. executive calendar: Calendar Nos. 56, To be lieutenant general f 103, 157, 158, 159, 161, 162, 163, 164, and all nominations on the Secretary’s desk in Maj. Gen. James J. Lovelace, Jr. EXECUTIVE SESSION the Army and Marine Corps. TENNESSEE VALLEY AUTHORITY I further ask unanimous consent that Richard W. Moore, of Alabama, to be In- NOMINATION OF MIGUEL A. the nominations be confirmed en bloc, spector General, Tennessee Valley Author- ity. (New Position) ESTRADA, OF VIRGINIA, TO BE the motions to reconsider be laid upon UNITED STATES CIRCUIT JUDGE the table, the President be imme- NOMINATIONS PLACED ON THE SECRETARY’S FOR THE DISTRICT OF COLUM- diately notified of the Senate’s action, DESK BIA CIRCUIT and the Senate then return to legisla- ARMY tive session. PN208 Army nominations (68) beginning Mr. MCCONNELL. Mr. President, in The PRESIDING OFFICER. Without CURTIS J ALITX, and ending MARY J executive session, I ask unanimous objection, it is so ordered. WYMAN, which nominations were received consent that the Senate resume consid- The nominations considered and con- by the Senate and appeared in the Congres- eration of calendar No. 21, the nomina- firmed are as follows: sional Record of January 15, 2003 tion of Miguel Estrada. DEPARTMENT OF ENERGY PN210 Army nominations (24) beginning The PRESIDING OFFICER. Without Linton F. Brooks, of Virginia, to be Under RICHARD P BEIN, and ending KELLY E objection, it is so ordered. Secretary for Nuclear Security, Department TAYLOR, which nominations were received The clerk will report the nomination. of Energy. by the Senate and appeared in the Congres- sional Record of January 15, 2003 The assistant legislative clerk read DEPARTMENT OF THE TREASURY PN211 Army nominations (18) beginning as follows: Mark W. Everson, of Texas, to be Commis- DEBORAH K BETTS, and ending DAVID sioner of Internal Revenue for a term of five Nomination of Miguel A. Estrada, of Vir- WILLIAMS, which nominations were re- years. ginia, to be United States Circuit Judge for ceived by the Senate and appeared in the the District of Columbia Circuit. DEPARTMENT OF DEFENSE Congressional Record of January 15, 2003 CLOTURE MOTION Lawrence Mohr, Jr., of South Carolina, to PN444 Army nominations of James R. Mr. MCCONNELL. Mr. President, I be a Member of the Board of Regents of the Kerin, Jr., which was received by the Senate send a cloture motion to the desk. Uniformed Services University of the Health and appeared in the Congressional Record of Sciences for a term expiring June 20, 2003. March 26, 2003 The PRESIDING OFFICER. The clo- Sharon Falkenheimer, of Texas, to be a PN462 Army nominations (60) beginning ture motion having been presented Member of the Board of Regents of the Uni- HENRY E ABERCROMBIE, and ending under rule XXII, the Chair directs the formed Services University of the Health MICHELLE F YARBOROUGH, which nomi- clerk to read the motion. Sciences for a term expiring June 20, 2007. nations were received by the Senate and ap- The assistant legislative clerk read MARINE CORPS peared in the Congressional Record of March as follows: The following named officer for appoint- 26, 2003 CLOTURE MOTION ment in the United States Marine Corps to PN463 Army nominations (27) beginning We the undersigned Senators, in accord- the grade indicated while assigned to a posi- MICHAEL P ARMSTRONG, and ending ance with the provisions of Rule XXII of the tion of importance and responsibility under CRAIG M WHITEHILL, which nominations Standing Rules of the Senate, do hereby title 10, U.S.C., section 601: were received by the Senate and appeared in move to bring to a close debate on Executive To be lieutenant general the Congressional Record of March 26, 2003 Calendar No. 21, the nomination of Miguel A. Maj. Gen. Henry P. Osman PN464 Army nominations (47) beginning Estrada to be United States Circuit Judge The following named officer for appoint- JOHN F AGOGLIA, and ending JEFFREY R for the District of Columbia Circuit. ment in the United States Marine Corps Re- WITSKEN, which nominations were received Bill Frist, Orrin Hatch. Judd Gregg, serve to the grade indicated under title 10, by the Senate and appeared in the Congres- Norm Coleman, John E. Sununu, John U.S.C., section 12203: sional Record of March 26, 2003

VerDate Sep 11 2014 09:57 Jul 25, 2019 Jkt 000000 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S01MY3.REC S01MY3 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE S5684 CONGRESSIONAL RECORD — SENATE May 1, 2003 PN465 Army nominations (320) beginning ate proceed to the immediate consider- the Administrator under subparagraph (A) PAUL F ABEL, JR., and ending X4432, which ation of calendar item No. 25, S. 195. shall not be used by the State to provide fi- nominations were received by the Senate and The PRESIDING OFFICER. The nancial assistance to an owner or operator to appeared in the Congressional Record of clerk will report the bill by title. meet any requirement relating to under- March 26, 2003 The legislative clerk read as follows: ground storage tanks under part 280 of title PN507 Army nominations of William T. 40, Code of Federal Regulations (as in effect Boyd, which nominations was received by A bill (S. 195) to amend the Solid Waste on the date of enactment of this subsection). the Senate and appeared in the Congres- Disposal Act to bring underground storage ø‘‘(2) ALLOCATION.— sional Record of April 7, 2003 tanks into compliance with subtitle I of that ø‘‘(A) PROCESS.—Subject to subparagraph PN508 Army nominations (5) beginning Act, to promote cleanup of leaking under- (B), in the case of a State with which the Ad- RICHARD D DANIELS, and ending GEORGE ground storage tanks, to provide sufficient ministrator has entered into a cooperative G PERRY, III, which nominations were re- resources for such compliance and cleanup, agreement under section 9003(h)(7)(A), the ceived by the Senate and appeared in the and for other purposes. Administrator shall distribute funds from Congressional Record of April 7, 2003 There being no objection, the Senate the Trust Fund to the State using the alloca- PN509 Army nominations (5) beginning proceeded to consider the bill which tion process developed by the Administrator. GARY L HAMMETT, and ending DAVID L had been reported from the Committee ø‘‘(B) REVISIONS TO PROCESS.—The Admin- SMITH, which nominations were received by istrator may revise the allocation process re- the Senate and appeared in the Congres- on Environment and Public Works, with an amendment. ferred to in subparagraph (A) with respect to sional Record of April 7, 2003 a State only after— PN522 Army nominations (3) beginning ED- [Strike the part shown in black ø‘‘(i) consulting with— WARD A HEVENER, and ending ZEB S brackets and insert the part shown in ø‘‘(I) State agencies responsible for over- REGAN, JR., which nominations were re- italic.] seeing corrective action for releases from un- ceived by the Senate and appeared in the S. 195 derground storage tanks; Congressional Record of April 10, 2003 Be it enacted by the Senate and House of Rep- ø‘‘(II) owners; and MARINE CORPS resentatives of the United States of America in ø‘‘(III) operators; and PN327 Marine Corps nominations of Ken- Congress assembled, ø‘‘(ii) taking into consideration, at a min- neth O. Spittler, which was received by the øSECTION 1. SHORT TITLE. imum— ø Senate and appeared in the Congressional øThis Act may be cited as the ‘‘Under- ‘‘(I) the total tax revenue contributed to Record of February 11, 2003 ground Storage Tank Compliance Act of the Trust Fund from all sources within the PN329 Marine Corps nominations (3) begin- 2003’’. State; ning THOMAS DUHS, and ending WILLIAM ø ø‘‘(II) the number of confirmed releases M LAKE, which nominations were received SEC. 2. LEAKING UNDERGROUND STORAGE TANKS. from federally regulated underground stor- by the Senate and appeared in the Congres- øSection 9004 of the Solid Waste Disposal age tanks in the State; ø sional Record of February 11, 2003 Act (42 U.S.C. 6991c) is amended by adding at ‘‘(III) the number of federally regulated PN339 Marine Corps nominations (3) begin- the end the following: underground storage tanks in the State; ning PATRICK W BURNS, and ending DAN- ø ø‘‘(f) TRUST FUND DISTRIBUTION.— ‘‘(IV) the percentage of the population of IEL S RYMAN, which nominations were re- ø‘‘(1) IN GENERAL.— the State that uses groundwater for any ben- ceived by the Senate and appeared in the ø‘‘(A) AMOUNT AND PERMITTED USES OF DIS- eficial purpose; Congressional Record of February 11, 2003 ø TRIBUTION.—The Administrator shall dis- ‘‘(V) the performance of the State in im- PN424 Marine Corps nominations (112) be- tribute to States not less than 80 percent of plementing and enforcing the program; ginning DONALD J ANDERSON, and ending the funds from the Trust Fund that are made ø‘‘(VI) the financial needs of the State; and DONALD W ZAUTCKE, which nominations available to the Administrator under section ø‘‘(VII) the ability of the State to use the were received by the Senate and appeared in 9014(2)(A) for each fiscal year for use in pay- funds referred to in subparagraph (A) in any the Congressional Record of March 11, 2003 ing the reasonable costs, incurred under a year. PN445 Marine Corps nominations (2) begin- ø‘‘(3) DISTRIBUTIONS TO STATE AGENCIES.— ning SEAN T MULCAHY, and ending STE- cooperative agreement with any State, of— ø‘‘(i) actions taken by the State under sec- Distributions from the Trust Fund under VEN H MATTOS, which nominations were this subsection shall be made directly to a received by the Senate and appeared in the tion 9003(h)(7)(A); ø State agency that— Congressional Record of March 24, 2003 ‘‘(ii) necessary administrative expenses, as determined by the Administrator, that ø‘‘(A) enters into a cooperative agreement PN446 Marine Corps nomination of Frank- referred to in paragraph (2)(A); or lin McLain, which was received by the Sen- are directly related to corrective action and compensation programs under subsection ø‘‘(B) is enforcing a State program ap- ate and appeared in the Congressional proved under this section. Record of March 24, 2003 (c)(1); ø‘‘(4) COST RECOVERY PROHIBITION.—Funds PN447 Marine Corps nominations (29) be- ø‘‘(iii) any corrective action and compensa- from the Trust Fund provided by States to ginning BRYAN DELGADO, and ending tion program carried out under subsection owners or operators under paragraph PAUL A ZACHARZUK, which nominations (c)(1) for a release from an underground stor- (1)(A)(iii) shall not be subject to cost recov- were received by the Senate and appeared in age tank regulated under this subtitle to the ery by the Administrator under section the Congressional Record of March 24, 2003 extent that, as determined by the State in PN466 Marine Corps nomination of Michael accordance with guidelines developed jointly 9003(h)(6).’’. H. Gamble, which was received by the Senate by the Administrator and the State, the fi- øSEC. 3. INSPECTION OF UNDERGROUND STOR- and appeared in the Congressional Record of nancial resources of the owner or operator of AGE TANKS. ø March 26, 2003 the underground storage tank (including re- Section 9005 of the Solid Waste Disposal PN467 Marine Corps nomination of Jeffrey sources provided by a program in accordance Act (42 U.S.C. 6991d) is amended— ø L. Miller, which was received by the Senate with subsection (c)(1)) are not adequate to (1) by redesignating subsections (a) and and appeared in the Congressional Record of pay the cost of a corrective action without (b) as subsections (b) and (c), respectively; March 26, 2003 significantly impairing the ability of the and PN489 Marine Corps nomination of Barett owner or operator to continue in business; ø(2) by inserting before subsection (b) (as R. Byrd, which was received by the Senate ø‘‘(iv) enforcement by the State or a local redesignated by paragraph (1)) the following: ø and appeared in the Congressional Record of government of State or local regulations per- ‘‘(a) INSPECTION REQUIREMENTS.—Not later April 2, 2003 taining to underground storage tanks regu- than 2 years after the date of enactment of PN510 Marine Corps nominations (99) be- lated under this subtitle; or the Underground Storage Tank Compliance ginning JEFFREY ACOSTA, and ending ø‘‘(v) State or local corrective actions car- Act of 2003, and at least once every 2 years JOHN G WEMETT, which were received by ried out under regulations promulgated thereafter, the Administrator or a State the Senate and appeared in the Congres- under section 9003(c)(4). with a program approved under section 9004, sional Record of April 7, 2003 ø‘‘(B) USE OF FUNDS FOR ENFORCEMENT.—In as appropriate, shall require that all under- ground storage tanks regulated under this f addition to the uses of funds authorized under subparagraph (A), the Administrator subtitle undergo onsite inspections for com- LEGISLATIVE SESSION may use funds from the Trust Fund that are pliance with regulations promulgated under The PRESIDING OFFICER. The Sen- not distributed to States under subparagraph section 9003(c).’’. ø ate will now return to legislative ses- (A) for enforcement of any regulation pro- SEC. 4. OPERATOR TRAINING. øSubtitle I of the Solid Waste Disposal Act sion. mulgated by the Administrator under this subtitle. (42 U.S.C. 6991 et seq.) is amended by striking f ø‘‘(C) PROHIBITED USES.—Except as pro- section 9010 and inserting the following: UNDERGROUND STORAGE TANK vided in subparagraph (A)(iii), under any ø‘‘SEC. 9010. OPERATOR TRAINING. ø COMPLIANCE ACT OF 2003 similar requirement of a State program ap- ‘‘(a) GUIDELINES.— proved under this section, or in any similar ø‘‘(1) IN GENERAL.—Not later than 2 years Mr. MCCONNELL. Mr. President, I State or local provision as determined by the after the date of enactment of the Under- ask unanimous consent that the Sen- Administrator, funds provided to a State by ground Storage Tank Compliance Act of 2003,

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in cooperation with States, owners, and op- Act (42 U.S.C. 6991 et seq.) (as amended by ø‘‘(f) AUTHORITY TO PROHIBIT CERTAIN DE- erators, the Administrator shall publish in section 4) is amended by adding at the end LIVERIES.— the Federal Register, after public notice and the following: ø‘‘(1) IN GENERAL.—Subject to paragraph opportunity for comment, guidelines that ø‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PRE- (2), beginning 180 days after the date of en- specify methods for training operators of un- VENTION AND COMPLIANCE. actment of this subsection, the Adminis- derground storage tanks. ø‘‘Funds made available under section trator or a State may prohibit the delivery ø‘‘(2) CONSIDERATIONS.—The guidelines de- 9014(2)(D) from the Trust Fund may be used of regulated substances to underground stor- scribed in paragraph (1) shall take into ac- to conduct inspections, issue orders, or bring age tanks that are not in compliance with— count— actions under this subtitle— ø‘‘(A) a requirement or standard promul- ø‘‘(A) State training programs in existence ø‘‘(1) by a State, in accordance with a gated by the Administrator under section as of the date of publication of the guide- grant or cooperative agreement with the Ad- 9003; or lines; ministrator, of State regulations pertaining ø‘‘(B) a requirement or standard of a State ø‘‘(B) training programs that are being em- to underground storage tanks regulated program approved under section 9004. ployed by owners and operators as of the under this subtitle; and ø‘‘(2) LIMITATIONS.— date of enactment of this paragraph; ø‘‘(2) by the Administrator, under this sub- ø‘‘(A) SPECIFIED GEOGRAPHIC AREAS.—Sub- ø‘‘(C) the high turnover rate of operators; title (including under a State program ap- ject to subparagraph (B), under paragraph ø‘‘(D) the frequency of improvement in un- proved under section 9004).’’. (1), the Administrator or a State shall not derground storage tank equipment tech- ø(b) GOVERNMENT-OWNED TANKS.—Section prohibit a delivery if the prohibition would nology; 9003 of the Solid Waste Disposal Act (42 jeopardize the availability of, or access to, ø‘‘(E) the nature of the businesses in which U.S.C. 6991b) is amended by adding at the end fuel in any specified geographic area. the operators are engaged; and the following: ø‘‘(B) APPLICABILITY OF LIMITATION.—The ø ø‘‘(F) such other factors as the Adminis- ‘‘(i) GOVERNMENT-OWNED TANKS.— limitation under subparagraph (A) shall ø trator determines to be necessary to carry ‘‘(1) IMPLEMENTATION REPORT.— apply only during the 180-day period fol- ø out this section. ‘‘(A) IN GENERAL.—Not later than 2 years lowing the date of a determination by the after the date of enactment of this sub- ø‘‘(b) STATE PROGRAMS.— Administrator that exercising the authority section, each State shall submit to the Ad- ø‘‘(1) IN GENERAL.—Not later than 2 years of paragraph (1) is limited by subparagraph after the date on which the Administrator ministrator an implementation report that— (A). ø ø publishes the guidelines under subsection ‘‘(i) lists each underground storage tank ‘‘(C) GUIDELINES.—Not later than 18 (a)(1), each State shall develop and imple- described in subparagraph (B) in the State months after the date of enactment of this ment a strategy for the training of operators that, as of the date of submission of the re- subsection, the Administrator shall issue of underground storage tanks that is con- port, is not in compliance with this subtitle; guidelines that define the term ‘specified ge- sistent with paragraph (2). and ographic area’ for the purpose of subpara- ø‘‘(ii) describes the actions that have been graph (A). ø‘‘(2) REQUIREMENTS.—A State strategy de- ø scribed in paragraph (1) shall— and will be taken to ensure compliance by ‘‘(3) AUTHORITY TO ISSUE GUIDELINES.— ø‘‘(A) be consistent with subsection (a); the underground storage tank listed under Subject to paragraph (2)(C), the Adminis- ø‘‘(B) be developed in cooperation with clause (i) with this subtitle. trator, after consultation with States, may ø owners and operators; and ‘‘(B) UNDERGROUND STORAGE TANK.—An issue guidelines for carrying out this sub- ø‘‘(C) take into consideration training pro- underground storage tank described in this section. ø grams implemented by owners and operators subparagraph is an underground storage ‘‘(4) ENFORCEMENT, COMPLIANCE, AND PEN- as of the date of enactment of this sub- tank that is— ALTIES.—The Administrator may use the au- ø section. ‘‘(i) regulated under this subtitle; and thority under the enforcement, compliance, ø‘‘(ii) owned or operated by the State gov- or penalty provisions of this subtitle to ø‘‘(3) FINANCIAL INCENTIVE.—The Adminis- trator may award to a State that develops ernment or any local government. carry out this subsection. ø ø and implements a strategy described in para- ‘‘(C) PUBLIC AVAILABILITY.—The Adminis- ‘‘(5) EFFECT ON STATE AUTHORITY.—Noth- graph (1), in addition to any funds that the trator shall make each report received under ing in this subsection affects the authority State is entitled to receive under this sub- subparagraph (A) available to the public on of a State to prohibit the delivery of a regu- title, not more than $50,000, to be used to the Internet. lated substance to an underground storage ø carry out the strategy.’’. ‘‘(2) FINANCIAL INCENTIVE.—The Adminis- tank.’’. ø(e) PUBLIC RECORD.—Section 9002 of the ø trator may award to a State that develops an SEC. 5. REMEDIATION OF MTBE CONTAMINA- implementation report described in para- Solid Waste Disposal Act (42 U.S.C. 6991a) is TION. graph (1), in addition to any funds that the amended by adding at the end the following: øSection 9003(h) of the Solid Waste Dis- State is entitled to receive under this sub- ø‘‘(d) PUBLIC RECORD.— posal Act (42 U.S.C. 6991b(h)) is amended— title, not more than $50,000, to be used to ø‘‘(1) IN GENERAL.—The Administrator ø(1) in paragraph (7)(A)— carry out the implementation report. shall require each State and Indian tribe ø(A) by striking ‘‘paragraphs (1) and (2) of ø‘‘(3) NOT A SAFE HARBOR.—This subsection that receives Federal funds to carry out this this subsection’’ and inserting ‘‘paragraphs does not relieve any person from any obliga- subtitle to maintain, update at least annu- (1), (2), and (12)’’; and tion or requirement under this subtitle.’’. ally, and make available to the public, in ø(B) by striking ‘‘, and including the au- ø(c) INCENTIVES FOR PERFORMANCE.—Sec- such manner and form as the Administrator thorities of paragraphs (4), (6), and (8) of this tion 9006 of the Solid Waste Disposal Act (42 shall prescribe (after consultation with subsection’’ and inserting ‘‘and the author- U.S.C. 6991e) is amended by adding at the end States and Indian tribes), a record of under- ity under sections 9005(a) and 9011 and para- the following: ground storage tanks regulated under this graphs (4), (6), and (8),’’; and ø‘‘(e) INCENTIVES FOR PERFORMANCE.—In de- subtitle. ø (2) by adding at the end the following: termining the terms of a compliance order ø‘‘(2) CONSIDERATIONS.—To the maximum ø‘‘(12) REMEDIATION OF MTBE CONTAMINA- under subsection (a), or the amount of a civil extent practicable, the public record of a TION.— penalty under subsection (d), the Adminis- State or Indian tribe, respectively, shall in- ø‘‘(A) IN GENERAL.—The Administrator and trator, or a State under a program approved clude, for each year— the States may use funds made available under section 9004, may take into consider- ø‘‘(A) the number, sources, and causes of under section 9014(2)(B) to carry out correc- ation whether an owner or operator— underground storage tank releases in the tive actions with respect to a release of ø‘‘(1) has a history of operating under- State or tribal area; methyl tertiary butyl ether that presents a ground storage tanks of the owner or oper- ø‘‘(B) the record of compliance by under- threat to human health or welfare or the en- ator in accordance with— ground storage tanks in the State or tribal vironment. ø‘‘(A) this subtitle; or area with— ø‘‘(B) APPLICABLE AUTHORITY.—The Admin- ø‘‘(B) a State program approved under sec- ø‘‘(i) this subtitle; or istrator or a State shall carry out subpara- tion 9004; ø‘‘(ii) an applicable State program ap- graph (A)— ø‘‘(2) has repeatedly violated— proved under section 9004; and ø‘‘(i) in accordance with paragraph (2), ex- ø‘‘(A) this subtitle; or ø‘‘(C) data on the number of underground cept that a release with respect to which a ø‘‘(B) a State program approved under sec- storage tank equipment failures in the State corrective action is carried out under sub- tion 9004; or or tribal area. paragraph (A) shall not be required to be ø‘‘(3) has implemented a program, con- ø‘‘(3) AVAILABILITY.—The Administrator from an underground storage tank; and sistent with guidelines published under sec- shall make the public record of each State ø‘‘(ii) in the case of a State, in accordance tion 9010, that provides training to persons and Indian tribe under this section available with a cooperative agreement entered into responsible for operating any underground to the public electronically.’’. by the Administrator and the State under storage tank of the owner or operator.’’. øSEC. 7. FEDERAL FACILITIES. paragraph (7).’’. ø(d) AUTHORITY TO PROHIBIT CERTAIN DE- øSection 9007 of the Solid Waste Disposal øSEC. 6. RELEASE PREVENTION, COMPLIANCE, LIVERIES.—Section 9006 of the Solid Waste Act (42 U.S.C. 6991f) is amended by adding at AND ENFORCEMENT. Disposal Act (42 U.S.C. 6991e) (as amended by the end the following: ø(a) RELEASE PREVENTION AND COMPLI- subsection (c)) is amended by adding at the ø‘‘(c) REVIEW OF, AND REPORT ON, FEDERAL ANCE.—Subtitle I of the Solid Waste Disposal end the following: UNDERGROUND STORAGE TANKS.—

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ø‘‘(1) REVIEW.—Not later than 1 year after øSEC. 9. STATE AUTHORITY. ø‘‘Sec. 9014. Authorization of appropria- the date of enactment of this subsection, the øSubtitle I of the Solid Waste Disposal Act tions.’’. Administrator, in cooperation with each (42 U.S.C. 6991 et seq.) (as amended by sec- ø(2) Section 9002 of the Solid Waste Dis- Federal agency that owns or operates 1 or tion 8) is amended by adding at the end the posal Act (42 U.S.C. 6991a) is amended in the more underground storage tanks or that following: section heading by inserting ‘‘AND PUBLIC ø manages land on which 1 or more under- ‘‘SEC. 9013. STATE AUTHORITY. RECORDS’’ after ‘‘NOTIFICATION’’. ground storage tanks are located, shall re- ø‘‘Nothing in this subtitle precludes a ø(3) Section 9003(f) of the Solid Waste Dis- view the status of compliance of those under- State from establishing any requirement posal Act (42 U.S.C. 6991b(f)) is amended— ground storage tanks with this subtitle. that is more stringent than a requirement ø(A) in paragraph (1), by striking ø‘‘(2) IMPLEMENTATION REPORT.— under this subtitle.’’. ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and ø‘‘(A) IN GENERAL.—Not later than 2 years øSEC. 10. AUTHORIZATION OF APPROPRIATIONS. ø(B) in paragraphs (2) and (3), by striking after the date of enactment of this sub- øSubtitle I of the Solid Waste Disposal Act ‘‘9001(2)(A)’’ each place it appears and insert- section, each Federal agency described in (42 U.S.C. 6991 et seq.) (as amended by sec- ing ‘‘9001(7)(A)’’. paragraph (1) shall submit to the Adminis- tion 9) is amended by adding at the end the ø(4) Section 9003(h) of the Solid Waste Dis- trator and to each State in which an under- following: posal Act (42 U.S.C. 6991b(h)) is amended in ground storage tank described in paragraph ø‘‘SEC. 9014. AUTHORIZATION OF APPROPRIA- paragraphs (1), (2)(C), (7)(A), and (11) by (1) is located an implementation report TIONS. striking ‘‘Leaking Underground Storage that— ø‘‘There are authorized to be appropriated Tank Trust Fund’’ each place it appears and ø‘‘(i) lists each underground storage tank to the Administrator— inserting ‘‘Trust Fund’’. described in paragraph (1) that, as of the ø‘‘(1) to carry out subtitle I (except sec- ø(5) Section 9009 of the Solid Waste Dis- date of submission of the report, is not in tions 9003(h), 9005(a), and 9011) $25,000,000 for posal Act (42 U.S.C. 6991h) is amended— compliance with this subtitle; and each of fiscal years 2004 through 2008; and ø(A) in subsection (a), by striking ø‘‘(ii) describes the actions that have been ø‘‘(2) from the Trust Fund, notwith- ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and and will be taken to ensure compliance by standing section 9508(c)(1) of the Internal ø(B) in subsection (d), by striking ‘‘section the underground storage tank with this sub- Revenue Code of 1986— 9001(1) (A) and (B)’’ and inserting ‘‘subpara- title. ø‘‘(A) to carry out section 9003(h) (except graphs (A) and (B) of section 9001(10)’’. ø ‘‘(B) PUBLIC AVAILABILITY.—The Adminis- section 9003(h)(12)) $150,000,000 for each of fis- øSEC. 12. TECHNICAL AMENDMENTS. trator shall make each report received under cal years 2004 through 2008; ø(a) Section 9001(4)(A) of the Solid Waste subparagraph (A) available to the public on ø‘‘(B) to carry out section 9003(h)(12), Disposal Act (42 U.S.C. 6991(4)(A)) (as amend- the Internet. $125,000,000 for each of fiscal years 2004 ed by section 11(a)(2)) is amended by striking ø‘‘(3) NOT A SAFE HARBOR.—This subsection through 2008; ‘‘sustances’’ and inserting ‘‘substances’’. does not relieve any person from any obliga- ø‘‘(C) to carry out section 9005(a)— ø(b) Section 9003(f)(1) of the Solid Waste tion or requirement under this subtitle. ø‘‘(i) $35,000,000 for each of fiscal years 2004 Disposal Act (42 U.S.C. 6991b(f)(1)) is amend- ø‘‘(d) APPLICABILITY OF CERTAIN REQUIRE- and 2005; and ed by striking ‘‘subsection (c) and (d) of this MENTS.—Section 6001(a) shall apply to each ø‘‘(ii) $20,000,000 for each of fiscal years 2006 section’’ and inserting ‘‘subsections (c) and department, agency, and instrumentality through 2009; and (d)’’. covered by subsection (a).’’. ø‘‘(D) to carry out section 9011— ø(c) Section 9004(a) of the Solid Waste Dis- øSEC. 8. TANKS UNDER THE JURISDICTION OF IN- ø‘‘(i) $50,000,000 for fiscal year 2004; and posal Act (42 U.S.C. 6991c(a)) is amended by DIAN TRIBES. ø‘‘(ii) $30,000,000 for each of fiscal years 2005 striking ‘‘in 9001(2) (A) or (B) or both’’ and øSubtitle I of the Solid Waste Disposal Act through 2009.’’. inserting ‘‘in subparagraph (A) or (B) of sec- (42 U.S.C. 6991 et seq.) (as amended by sec- ø tion 9001(7)’’. tion 6(a)) is amended by adding at the end SEC. 11. CONFORMING AMENDMENTS. ø ø(d) Section 9005 of the Solid Waste Dis- the following: (a) DEFINITIONS.—Section 9001 of the Solid Waste Disposal Act (42 U.S.C. 6991) is amend- posal Act (42 U.S.C. 6991d) (as amended by ø‘‘SEC. 9012. TANKS UNDER THE JURISDICTION section 3) is amended— OF INDIAN TRIBES. ed— ø ø(1) by striking ‘‘For the purposes of this (1) in subsection (b), by striking ‘‘study ø‘‘(a) IN GENERAL.—The Administrator, in taking’’ and inserting ‘‘study, taking’’; coordination with Indian tribes, shall— subtitle—’’ and inserting ‘‘In this subtitle:’’; ø ø(2) by redesignating paragraphs (1), (2), (2) in subsection (c)(1), by striking ø‘‘(1) not later than 1 year after the date of ‘‘relevent’’ and inserting ‘‘relevant’’; and enactment of this section, develop and im- (3), (4), (5), (6), (7), and (8) as paragraphs (10), ø (7), (4), (3), (8), (5), (2), and (6), respectively, (3) in subsection (c)(4), by striking plement a strategy— ‘‘Evironmental’’ and inserting ‘‘Environ- ø‘‘(A) giving priority to releases that and reordering the paragraphs so as to ap- ¿ pear in numerical order; mental’’. present the greatest threat to human health SECTION 1. SHORT TITLE. or the environment, to take necessary cor- ø(3) by inserting before paragraph (2) (as redesignated by paragraph (2)) the following: This Act may be cited as the ‘‘Underground rective action in response to releases from Storage Tank Compliance Act of 2003’’. leaking underground storage tanks located ø‘‘(1) INDIAN TRIBE.— SEC. 2. LEAKING UNDERGROUND STORAGE wholly within the boundaries of— ø‘‘(A) IN GENERAL.—The term ‘Indian tribe’ means any Indian tribe, band, nation, or TANKS. ø‘‘(i) an Indian reservation; or Section 9004 of the Solid Waste Disposal Act other organized group or community that is ø‘‘(ii) any other area under the jurisdiction (42 U.S.C. 6991c) is amended by adding at the recognized as being eligible for special pro- of an Indian tribe; and end the following: grams and services provided by the United ø‘‘(B) to implement and enforce require- ‘‘(f) TRUST FUND DISTRIBUTION.— ments concerning underground storage tanks States to Indians because of their status as ‘‘(1) IN GENERAL.— located wholly within the boundaries of— Indians. ‘‘(A) AMOUNT AND PERMITTED USES OF DIS- ø ø‘‘(i) an Indian reservation; or ‘‘(B) INCLUSIONS.—The term ‘Indian tribe’ TRIBUTION.—The Administrator shall distribute ø‘‘(ii) any other area under the jurisdiction includes an Alaska Native village, as defined to States not less than 80 percent of the funds of an Indian tribe; in or established under the Alaska Native from the Trust Fund that are made available to ø‘‘(2) not later than 2 years after the date Claims Settlement Act (43 U.S.C. 1601 et the Administrator under section 9014(2)(A) for of enactment of this section and every 2 seq.).’’; and each fiscal year for use in paying the reasonable years thereafter, submit to Congress a report ø(4) by inserting after paragraph (8) (as re- costs, incurred under a cooperative agreement that summarizes the status of implementa- designated by paragraph (2)) the following: with any State, of— tion and enforcement of the underground ø‘‘(9) TRUST FUND.—The term ‘Trust Fund’ ‘‘(i) actions taken by the State under section storage tank program in areas located whol- means the Leaking Underground Storage 9003(h)(7)(A); ly within— Tank Trust Fund established by section 9508 ‘‘(ii) necessary administrative expenses, as de- ø‘‘(A) the boundaries of Indian reserva- of the Internal Revenue Code of 1986.’’. termined by the Administrator, that are directly ø tions; and (b) CONFORMING AMENDMENTS.— related to corrective action and compensation ø ø‘‘(B) any other areas under the jurisdic- (1) Section 1001 of the Solid Waste Dis- programs under subsection (c)(1); tion of an Indian tribe; and posal Act (42 U.S.C. prec. 6901) is amended in ‘‘(iii) any corrective action and compensation ø‘‘(3) make the report described in para- the table of contents— program carried out under subsection (c)(1) for ø graph (2) available to the public on the Inter- (A) in the item relating to section 9002, by a release from an underground storage tank reg- net. inserting ‘‘and public records’’ after ‘‘Notifi- ulated under this subtitle to the extent that, as ø‘‘(b) NOT A SAFE HARBOR.—This section cation’’; and determined by the State in accordance with does not relieve any person from any obliga- ø(B) by striking the item relating to sec- guidelines developed jointly by the Adminis- tion or requirement under this subtitle. tion 9010 and inserting the following: trator and the State, the financial resources of ø‘‘(c) STATE AUTHORITY.—Nothing in this ø‘‘Sec. 9010. Operator training. the owner or operator of the underground stor- section applies to any underground storage ø‘‘Sec. 9011. Use of funds for release preven- age tank (including resources provided by a pro- tank that is located in an area under the ju- tion and compliance. gram in accordance with subsection (c)(1)) are risdiction of a State, or that is subject to ø‘‘Sec. 9012. Tanks under the jurisdiction of not adequate to pay the cost of a corrective ac- regulation by a State, as of the date of en- Indian tribes. tion without significantly impairing the ability actment of this section.’’. ø‘‘Sec. 9013. State authority. of the owner or operator to continue in business;

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 6333 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5687 ‘‘(iv) enforcement by the State or a local gov- proved under section 9004, as appropriate, shall ‘‘(ii) in the case of a State, in accordance with ernment of State or local regulations pertaining require that all underground storage tanks reg- a cooperative agreement entered into by the Ad- to underground storage tanks regulated under ulated under this subtitle undergo onsite inspec- ministrator and the State under paragraph this subtitle; or tions for compliance with regulations promul- (7).’’. ‘‘(v) State or local corrective actions carried gated under section 9003(c).’’. SEC. 6. RELEASE PREVENTION, COMPLIANCE, out under regulations promulgated under sec- SEC. 4. OPERATOR TRAINING. AND ENFORCEMENT. tion 9003(c)(4). Subtitle I of the Solid Waste Disposal Act (42 (a) RELEASE PREVENTION AND COMPLIANCE.— ‘‘(B) USE OF FUNDS FOR ENFORCEMENT.—In U.S.C. 6991 et seq.) is amended by striking sec- Subtitle I of the Solid Waste Disposal Act (42 addition to the uses of funds authorized under tion 9010 and inserting the following: U.S.C. 6991 et seq.) (as amended by section 4) is subparagraph (A), the Administrator may use ‘‘SEC. 9010. OPERATOR TRAINING. amended by adding at the end the following: funds from the Trust Fund that are not distrib- ‘‘(a) GUIDELINES.— ‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PREVEN- uted to States under subparagraph (A) for en- ‘‘(1) IN GENERAL.—Not later than 2 years after TION AND COMPLIANCE. forcement of any regulation promulgated by the the date of enactment of the Underground Stor- ‘‘Funds made available under section Administrator under this subtitle. age Tank Compliance Act of 2003, in coopera- 9014(2)(D) from the Trust Fund may be used to ‘‘(C) PROHIBITED USES.—Except as provided in tion with States, owners, and operators, the Ad- conduct inspections, issue orders, or bring ac- subparagraph (A)(iii), under any similar re- ministrator shall publish in the Federal Reg- tions under this subtitle— quirement of a State program approved under ister, after public notice and opportunity for ‘‘(1) by a State, in accordance with a grant or this section, or in any similar State or local pro- comment, guidelines that specify methods for cooperative agreement with the Administrator, vision as determined by the Administrator, training operators of underground storage of State regulations pertaining to underground funds provided to a State by the Administrator tanks. storage tanks regulated under this subtitle; and under subparagraph (A) shall not be used by ‘‘(2) CONSIDERATIONS.—The guidelines de- ‘‘(2) by the Administrator, under this subtitle the State to provide financial assistance to an scribed in paragraph (1) shall take into ac- (including under a State program approved owner or operator to meet any requirement re- count— under section 9004).’’. lating to underground storage tanks under part ‘‘(A) State training programs in existence as (b) GOVERNMENT-OWNED TANKS.—Section 9003 280 of title 40, Code of Federal Regulations (as of the date of publication of the guidelines; of the Solid Waste Disposal Act (42 U.S.C. 6991b) in effect on the date of enactment of this sub- ‘‘(B) training programs that are being em- is amended by adding at the end the following: section). ployed by owners and operators as of the date ‘‘(i) GOVERNMENT-OWNED TANKS.— ‘‘(2) ALLOCATION.— of enactment of this paragraph; ‘‘(1) IMPLEMENTATION REPORT.— ‘‘(A) PROCESS.—Subject to subparagraph (B), ‘‘(C) the high turnover rate of operators; ‘‘(A) IN GENERAL.—Not later than 2 years in the case of a State with which the Adminis- ‘‘(D) the frequency of improvement in under- after the date of enactment of this subsection, trator has entered into a cooperative agreement ground storage tank equipment technology; each State shall submit to the Administrator an under section 9003(h)(7)(A), the Administrator ‘‘(E) the nature of the businesses in which the implementation report that— shall distribute funds from the Trust Fund to operators are engaged; and ‘‘(i) lists each underground storage tank de- the State using the allocation process developed ‘‘(F) such other factors as the Administrator scribed in subparagraph (B) in the State that, by the Administrator. determines to be necessary to carry out this sec- as of the date of submission of the report, is not ‘‘(B) REVISIONS TO PROCESS.—The Adminis- tion. in compliance with this subtitle; and trator may revise the allocation process referred ‘‘(b) STATE PROGRAMS.— ‘‘(ii) describes the actions that have been and to in subparagraph (A) with respect to a State ‘‘(1) IN GENERAL.—Not later than 2 years after will be taken to ensure compliance by the under- only after— the date on which the Administrator publishes ground storage tank listed under clause (i) with ‘‘(i) consulting with— the guidelines under subsection (a)(1), each this subtitle. ‘‘(I) State agencies responsible for overseeing State shall develop and implement a strategy for ‘‘(B) UNDERGROUND STORAGE TANK.—An un- corrective action for releases from underground the training of operators of underground stor- derground storage tank described in this sub- storage tanks; age tanks that is consistent with paragraph (2). ‘‘(II) owners; and paragraph is an underground storage tank that ‘‘(2) REQUIREMENTS.—A State strategy de- ‘‘(III) operators; and is— ‘‘(ii) taking into consideration, at a min- scribed in paragraph (1) shall— ‘‘(i) regulated under this subtitle; and imum— ‘‘(A) be consistent with subsection (a); ‘‘(ii) owned or operated by the State govern- ‘‘(I) the total tax revenue contributed to the ‘‘(B) be developed in cooperation with owners ment or any local government. Trust Fund from all sources within the State; and operators; and ‘‘(C) PUBLIC AVAILABILITY.—The Adminis- ‘‘(II) the number of confirmed releases from ‘‘(C) take into consideration training pro- trator shall make each report received under federally regulated underground storage tanks grams implemented by owners and operators as subparagraph (A) available to the public on the in the State; of the date of enactment of this subsection. Internet. ‘‘(III) the number of federally regulated un- ‘‘(3) FINANCIAL INCENTIVE.—The Adminis- ‘‘(2) FINANCIAL INCENTIVE.—The Adminis- derground storage tanks in the State; trator may award to a State that develops and trator may award to a State that develops an ‘‘(IV) the percentage of the population of the implements a strategy described in paragraph implementation report described in paragraph State that uses groundwater for any beneficial (1), in addition to any funds that the State is (1), in addition to any funds that the State is purpose; entitled to receive under this subtitle, not more entitled to receive under this subtitle, not more ‘‘(V) the performance of the State in imple- than $50,000, to be used to carry out the strat- than $50,000, to be used to carry out the imple- menting and enforcing the program; egy.’’. mentation report. ‘‘(VI) the financial needs of the State; and SEC. 5. REMEDIATION OF MTBE CONTAMINATION. ‘‘(3) NOT A SAFE HARBOR.—This subsection ‘‘(VII) the ability of the State to use the funds Section 9003(h) of the Solid Waste Disposal does not relieve any person from any obligation referred to in subparagraph (A) in any year. Act (42 U.S.C. 6991b(h)) is amended— or requirement under this subtitle.’’. ‘‘(3) DISTRIBUTIONS TO STATE AGENCIES.—Dis- (1) in paragraph (7)(A)— (c) INCENTIVES FOR PERFORMANCE.—Section tributions from the Trust Fund under this sub- (A) by striking ‘‘paragraphs (1) and (2) of this 9006 of the Solid Waste Disposal Act (42 U.S.C. section shall be made directly to a State agency subsection’’ and inserting ‘‘paragraphs (1), (2), 6991e) is amended by adding at the end the fol- that— and (12)’’; and lowing: ‘‘(A) enters into a cooperative agreement re- (B) by striking ‘‘, and including the authori- ‘‘(e) INCENTIVES FOR PERFORMANCE.—In deter- ferred to in paragraph (2)(A); or ties of paragraphs (4), (6), and (8) of this sub- mining the terms of a compliance order under ‘‘(B) is enforcing a State program approved section’’ and inserting ‘‘and the authority subsection (a), or the amount of a civil penalty under this section. under sections 9005(a) and 9011 and paragraphs under subsection (d), the Administrator, or a ‘‘(4) COST RECOVERY PROHIBITION.—Funds (4), (6), and (8),’’; and State under a program approved under section from the Trust Fund provided by States to own- (2) by adding at the end the following: 9004, may take into consideration whether an ers or operators under paragraph (1)(A)(iii) ‘‘(12) REMEDIATION OF MTBE CONTAMINA- owner or operator— shall not be subject to cost recovery by the Ad- TION.— ‘‘(1) has a history of operating underground ministrator under section 9003(h)(6).’’. ‘‘(A) IN GENERAL.—The Administrator and the storage tanks of the owner or operator in ac- SEC. 3. INSPECTION OF UNDERGROUND STORAGE States may use funds made available under sec- cordance with— TANKS. tion 9014(2)(B) to carry out corrective actions ‘‘(A) this subtitle; or Section 9005 of the Solid Waste Disposal Act with respect to a release of methyl tertiary butyl ‘‘(B) a State program approved under section (42 U.S.C. 6991d) is amended— ether that presents a threat to human health or 9004; (1) by redesignating subsections (a) and (b) as welfare or the environment. ‘‘(2) has repeatedly violated— subsections (b) and (c), respectively; and ‘‘(B) APPLICABLE AUTHORITY.—The Adminis- ‘‘(A) this subtitle; or (2) by inserting before subsection (b) (as redes- trator or a State shall carry out subparagraph ‘‘(B) a State program approved under section ignated by paragraph (1)) the following: (A)— 9004; or ‘‘(a) INSPECTION REQUIREMENTS.—Not later ‘‘(i) in accordance with paragraph (2), except ‘‘(3) has implemented a program, consistent than 2 years after the date of enactment of the that a release with respect to which a corrective with guidelines published under section 9010, Underground Storage Tank Compliance Act of action is carried out under subparagraph (A) that provides training to persons responsible for 2003, and at least once every 2 years thereafter, shall not be required to be from an underground operating any underground storage tank of the the Administrator or a State with a program ap- storage tank; and owner or operator.’’.

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(d) AUTHORITY TO PROHIBIT CERTAIN DELIV- tality in the executive, legislative, or judicial ‘‘(A) the boundaries of Indian reservations; ERIES.—Section 9006 of the Solid Waste Disposal branch of the Federal Government having juris- and Act (42 U.S.C. 6991e) (as amended by subsection diction over— ‘‘(B) any other areas under the jurisdiction of (c)) is amended by adding at the end the fol- ‘‘(A) any underground storage tank or under- an Indian tribe; and lowing: ground storage tank system (as defined in sec- ‘‘(3) make the report described in paragraph ‘‘(f) AUTHORITY TO PROHIBIT CERTAIN DELIV- tion 280.12 of title 40, Code of Federal Regula- (2) available to the public on the Internet. ERIES.— tions (or any successor regulation)); or ‘‘(b) NOT A SAFE HARBOR.—This section does ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(B) any release response activity relating to not relieve any person from any obligation or re- beginning 180 days after the date of enactment an underground storage tank or underground quirement under this subtitle. of this subsection, the Administrator or a State storage tank system. ‘‘(c) STATE AUTHORITY.—Nothing in this sec- may prohibit the delivery of regulated sub- ‘‘(2) REQUIREMENTS.—For purposes of this sec- tion applies to any underground storage tank stances to underground storage tanks that are tion, requirements respecting the control and that is located in an area under the jurisdiction not in compliance with— abatement of solid waste or hazardous waste of a State, or that is subject to regulation by a ‘‘(A) a requirement or standard promulgated disposal and management referred to in section State, as of the date of enactment of this sec- by the Administrator under section 9003; or 6001(a) include requirements respecting— tion.’’. ‘‘(B) a requirement or standard of a State pro- ‘‘(A) control, installation, operation, manage- SEC. 9. STATE AUTHORITY. gram approved under section 9004. ment, or closure of any underground storage Subtitle I of the Solid Waste Disposal Act (42 ‘‘(2) LIMITATIONS.— tank or underground storage tank system con- U.S.C. 6991 et seq.) (as amended by section 8) is ‘‘(A) SPECIFIED GEOGRAPHIC AREAS.—Subject taining any regulated substance; and amended by adding at the end the following: to subparagraph (B), under paragraph (1), the ‘‘(B) release response activities relating to an ‘‘SEC. 9013. STATE AUTHORITY. Administrator or a State shall not prohibit a de- activity described in subparagraph (A).’’; and ‘‘Nothing in this subtitle precludes a State livery if the prohibition would jeopardize the (2) by adding at the end the following: from establishing any requirement that is more availability of, or access to, fuel in any specified ‘‘(c) REVIEW OF, AND REPORT ON, FEDERAL stringent than a requirement under this sub- geographic area. UNDERGROUND STORAGE TANKS.— title.’’. ‘‘(B) APPLICABILITY OF LIMITATION.—The lim- ‘‘(1) REVIEW.—Not later than 1 year after the SEC. 10. AUTHORIZATION OF APPROPRIATIONS. itation under subparagraph (A) shall apply only date of enactment of this subsection, the Admin- Subtitle I of the Solid Waste Disposal Act (42 during the 180-day period following the date of istrator, in cooperation with each Federal agen- U.S.C. 6991 et seq.) (as amended by section 9) is a determination by the Administrator that exer- cy that owns or operates 1 or more underground amended by adding at the end the following: cising the authority of paragraph (1) is limited storage tanks or that manages land on which 1 by subparagraph (A). or more underground storage tanks are located, ‘‘SEC. 9014. AUTHORIZATION OF APPROPRIA- TIONS. ‘‘(C) GUIDELINES.—Not later than 18 months shall review the status of compliance of those ‘‘There are authorized to be appropriated to after the date of enactment of this subsection, underground storage tanks with this subtitle. the Administrator— the Administrator shall issue guidelines that de- ‘‘(2) IMPLEMENTATION REPORT.— ‘‘(1) to carry out subtitle I (except sections fine the term ‘specified geographic area’ for the ‘‘(A) IN GENERAL.—Not later than 2 years 9003(h), 9005(a), and 9011) $25,000,000 for each of purpose of subparagraph (A). after the date of enactment of this subsection, fiscal years 2004 through 2008; and ‘‘(3) AUTHORITY TO ISSUE GUIDELINES.—Sub- each Federal agency described in paragraph (1) ‘‘(2) from the Trust Fund, notwithstanding ject to paragraph (2)(C), the Administrator, shall submit to the Administrator and to each section 9508(c)(1) of the Internal Revenue Code after consultation with States, may issue guide- State in which an underground storage tank de- of 1986— lines for carrying out this subsection. scribed in paragraph (1) is located an implemen- ‘‘(A) to carry out section 9003(h) (except sec- ‘‘(4) ENFORCEMENT, COMPLIANCE, AND PEN- tation report that— tion 9003(h)(12)) $150,000,000 for each of fiscal ALTIES.—The Administrator may use the author- ‘‘(i) lists each underground storage tank de- years 2004 through 2008; ity under the enforcement, compliance, or pen- scribed in paragraph (1) that, as of the date of ‘‘(B) to carry out section 9003(h)(12), alty provisions of this subtitle to carry out this submission of the report, is not in compliance $125,000,000 for each of fiscal years 2004 through subsection. with this subtitle; and ‘‘(5) EFFECT ON STATE AUTHORITY.—Nothing 2008; ‘‘(ii) describes the actions that have been and in this subsection affects the authority of a ‘‘(C) to carry out section 9005(a)— will be taken to ensure compliance by the under- State to prohibit the delivery of a regulated sub- ‘‘(i) $35,000,000 for each of fiscal years 2004 ground storage tank with this subtitle. stance to an underground storage tank.’’. and 2005; and ‘‘(B) PUBLIC AVAILABILITY.—The Adminis- (e) PUBLIC RECORD.—Section 9002 of the Solid ‘‘(ii) $20,000,000 for each of fiscal years 2006 trator shall make each report received under Waste Disposal Act (42 U.S.C. 6991a) is amended through 2009; and subparagraph (A) available to the public on the by adding at the end the following: ‘‘(D) to carry out section 9011— Internet. ‘‘(d) PUBLIC RECORD.— ‘‘(i) $50,000,000 for fiscal year 2004; and ‘‘(3) NOT A SAFE HARBOR.—This subsection ‘‘(1) IN GENERAL.—The Administrator shall re- ‘‘(ii) $30,000,000 for each of fiscal years 2005 does not relieve any person from any obligation quire each State and Indian tribe that receives through 2009.’’. or requirement under this subtitle.’’. Federal funds to carry out this subtitle to main- SEC. 11. CONFORMING AMENDMENTS. tain, update at least annually, and make avail- SEC. 8. TANKS UNDER THE JURISDICTION OF IN- (a) DEFINITIONS.—Section 9001 of the Solid able to the public, in such manner and form as DIAN TRIBES. Waste Disposal Act (42 U.S.C. 6991) is amend- the Administrator shall prescribe (after con- Subtitle I of the Solid Waste Disposal Act (42 ed— sultation with States and Indian tribes), a U.S.C. 6991 et seq.) (as amended by section 6(a)) (1) by striking ‘‘For the purposes of this sub- record of underground storage tanks regulated is amended by adding at the end the following: title—’’ and inserting ‘‘In this subtitle:’’; under this subtitle. ‘‘SEC. 9012. TANKS UNDER THE JURISDICTION OF (2) by redesignating paragraphs (1), (2), (3), ‘‘(2) CONSIDERATIONS.—To the maximum ex- INDIAN TRIBES. (4), (5), (6), (7), and (8) as paragraphs (10), (7), tent practicable, the public record of a State or ‘‘(a) IN GENERAL.—The Administrator, in co- (4), (3), (8), (5), (2), and (6), respectively, and re- Indian tribe, respectively, shall include, for each ordination with Indian tribes, shall— ordering the paragraphs so as to appear in nu- year— ‘‘(1) not later than 1 year after the date of en- merical order; ‘‘(A) the number, sources, and causes of un- actment of this section, develop and implement (3) by inserting before paragraph (2) (as redes- derground storage tank releases in the State or a strategy— ignated by paragraph (2)) the following: tribal area; ‘‘(A) giving priority to releases that present ‘‘(1) INDIAN TRIBE.— ‘‘(B) the record of compliance by underground the greatest threat to human health or the envi- ‘‘(A) IN GENERAL.—The term ‘Indian tribe’ storage tanks in the State or tribal area with— ronment, to take necessary corrective action in means any Indian tribe, band, nation, or other ‘‘(i) this subtitle; or response to releases from leaking underground organized group or community that is recog- ‘‘(ii) an applicable State program approved storage tanks located wholly within the bound- nized as being eligible for special programs and under section 9004; and aries of— services provided by the United States to Indi- ‘‘(C) data on the number of underground stor- ‘‘(i) an Indian reservation; or ans because of their status as Indians. age tank equipment failures in the State or trib- ‘‘(ii) any other area under the jurisdiction of ‘‘(B) INCLUSIONS.—The term ‘Indian tribe’ in- al area. an Indian tribe; and cludes an Alaska Native village, as defined in or ‘‘(3) AVAILABILITY.—The Administrator shall ‘‘(B) to implement and enforce requirements established under the Alaska Native Claims Set- make the public record of each State and Indian concerning underground storage tanks located tlement Act (43 U.S.C. 1601 et seq.).’’; and tribe under this section available to the public wholly within the boundaries of— (4) by inserting after paragraph (8) (as redes- electronically.’’. ‘‘(i) an Indian reservation; or ignated by paragraph (2)) the following: SEC. 7. FEDERAL FACILITIES. ‘‘(ii) any other area under the jurisdiction of ‘‘(9) TRUST FUND.—The term ‘Trust Fund’ Section 9007 of the Solid Waste Disposal Act an Indian tribe; means the Leaking Underground Storage Tank (42 U.S.C. 6991f) is amended— ‘‘(2) not later than 2 years after the date of Trust Fund established by section 9508 of the (1) by striking subsection (a) and inserting the enactment of this section and every 2 years Internal Revenue Code of 1986.’’. following: thereafter, submit to Congress a report that (b) CONFORMING AMENDMENTS.— ‘‘(a) APPLICABILITY OF SUBTITLE.— summarizes the status of implementation and (1) Section 1001 of the Solid Waste Disposal ‘‘(1) IN GENERAL.—Section 6001(a) shall apply enforcement of the underground storage tank Act (42 U.S.C. prec. 6901) is amended in the to each department, agency, and instrumen- program in areas located wholly within— table of contents—

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 6333 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5689 (A) in the item relating to section 9002, by in- A bill (S. 243) concerning participation of 23,500,000 people should have appropriate and serting ‘‘and public records’’ after ‘‘Notifica- Taiwan in the World Health Organization. meaningful participation in the WHO. tion’’; and There being no objection, the Senate (12) On May 11, 2001, President Bush stated (B) by striking the item relating to section proceeded to consider the bill. in his letter to Senator Murkowski that the 9010 and inserting the following: United States ‘‘should find opportunities for Mr. MCCONNELL. I ask unanimous ‘‘Sec. 9010. Operator training. Taiwan’s voice to be heard in international ‘‘Sec. 9011. Use of funds for release prevention consent that the bill be read a third organizations in order to make a contribu- and compliance. time and passed, the motion to recon- tion, even if membership is not possible’’, ‘‘Sec. 9012. Tanks under the jurisdiction of In- sider be laid upon the table, and that further stating that his Administration ‘‘has dian tribes. any statements relating to the bill be focused on finding concrete ways for Taiwan ‘‘Sec. 9013. State authority. printed in the RECORD. to benefit and contribute to the WHO’’. ‘‘Sec. 9014. Authorization of appropriations.’’. The PRESIDING OFFICER. Without (13) In his speech made in the World Med- (2) Section 9002 of the Solid Waste Disposal objection, it is so ordered. ical Association on May 14, 2002, Secretary of Act (42 U.S.C. 6991a) is amended in the section Health and Human Services Tommy Thomp- The bill (S. 243) was read the third heading by inserting ‘‘AND PUBLIC RECORDS’’ son announced ‘‘America’s work for a after ‘‘NOTIFICATION’’. time and passed, as follows: healthy world cuts across political lines. (3) Section 9003(f) of the Solid Waste Disposal S. 243 That is why my government supports Tai- Act (42 U.S.C. 6991b(f)) is amended— Be it enacted by the Senate and House of Rep- wan’s efforts to gain observership status at (A) in paragraph (1), by striking ‘‘9001(2)(B)’’ resentatives of the United States of America in the World Health Assembly. We know this is and inserting ‘‘9001(7)(B)’’; and Congress assembled, a controversial issue, but we do not shrink (B) in paragraphs (2) and (3), by striking from taking a public stance on it. The people SECTION 1. CONCERNING THE PARTICIPATION ‘‘9001(2)(A)’’ each place it appears and inserting OF TAIWAN IN THE WORLD HEALTH of Taiwan deserve the same level of public ‘‘9001(7)(A)’’. ORGANIZATION (WHO). health as citizens of every nation on earth, (4) Section 9003(h) of the Solid Waste Disposal (a) FINDINGS.—The Congress makes the fol- and we support them in their efforts to Act (42 U.S.C. 6991b(h)) is amended in para- lowing findings: achieve it’’. graphs (1), (2)(C), (7)(A), and (11) by striking (1) Good health is important to every cit- (14) The Government of the Republic of ‘‘Leaking Underground Storage Tank Trust izen of the world and access to the highest China on Taiwan, in response to an appeal Fund’’ each place it appears and inserting standards of health information and services from the United Nations and the United ‘‘Trust Fund’’. is necessary to improve the public health. States for resources to control the spread of (5) Section 9009 of the Solid Waste Disposal (2) Direct and unobstructed participation HIV/AIDS, donated $1,000,000 to the Global Act (42 U.S.C. 6991h) is amended— in international health cooperation forums Fund to Fight AIDS, Tuberculosis and Ma- (A) in subsection (a), by striking ‘‘9001(2)(B)’’ and programs is beneficial for all parts of the laria in December 2002. and inserting ‘‘9001(7)(B)’’; and world, especially with today’s greater poten- (b) PLAN.—The Secretary of State is au- (B) in subsection (d), by striking ‘‘section tial for the cross-border spread of various in- thorized— 9001(1) (A) and (B)’’ and inserting ‘‘subpara- fectious diseases such as the human im- (1) to initiate a United States plan to en- graphs (A) and (B) of section 9001(10)’’. munodeficiency virus (HIV), tuberculosis, dorse and obtain observer status for Taiwan SEC. 12. TECHNICAL AMENDMENTS. and malaria. at the annual week-long summit of the (a) Section 9001(4)(A) of the Solid Waste Dis- (3) Taiwan’s population of 23,500,000 people World Health Assembly in May 2003 in Gene- posal Act (42 U.S.C. 6991(4)(A)) (as amended by is greater than that of three-fourths of the va, Switzerland; and section 11(a)(2)) is amended by striking member states already in the World Health (2) to instruct the United States delegation ‘‘sustances’’ and inserting ‘‘substances’’. Organization (WHO). to Geneva to implement that plan. (c) REPORT.—Not later than 14 days after (b) Section 9003(f)(1) of the Solid Waste Dis- (4) Taiwan’s achievements in the field of the date of the enactment of this Act, the posal Act (42 U.S.C. 6991b(f)(1)) is amended by health are substantial, including one of the Secretary of State shall submit a report to striking ‘‘subsection (c) and (d) of this section’’ highest life expectancy levels in Asia, mater- Congress in unclassified form describing the and inserting ‘‘subsections (c) and (d)’’. nal and infant mortality rates comparable to action taken under subsection (b). (c) Section 9004(a) of the Solid Waste Disposal those of western countries, the eradication Act (42 U.S.C. 6991c(a)) is amended by striking of such infectious diseases as cholera, small- f ‘‘in 9001(2) (A) or (B) or both’’ and inserting ‘‘in pox, and the plague, and the first to eradi- HUMAN RIGHTS IN CENTRAL ASIA subparagraph (A) or (B) of section 9001(7)’’. cate polio and provide children with hepitis (d) Section 9005 of the Solid Waste Disposal B vaccinations. Mr. MCCONNELL. Mr. President, I Act (42 U.S.C. 6991d) (as amended by section 3) (5) The United States Centers for Disease ask unanimous consent that the Sen- is amended— Control and Prevention and its Taiwan coun- ate proceed to the immediate consider- (1) in subsection (b), by striking ‘‘study tak- terpart agencies have enjoyed close collabo- ation of Calendar No. 63, S.J. Res. 63. ing’’ and inserting ‘‘study, taking’’; ration on a wide range of public health The PRESIDING OFFICER. The (2) in subsection (c)(1), by striking ‘‘relevent’’ issues. clerk will report the joint resolution and inserting ‘‘relevant’’; and (6) In recent years Taiwan has expressed a (3) in subsection (c)(4), by striking by title. willingness to assist financially and tech- The legislative clerk read as follows: ‘‘Evironmental’’ and inserting ‘‘Environ- nically in international aid and health ac- mental’’. tivities supported by the WHO. A joint resolution (S.J. Res. 63) expressing (7) On January 14, 2001, an earthquake, reg- the sense of the Congress with respect to Mr. MCCONNELL. I ask unanimous human rights in Central Asia. consent that the committee substitute istering between 7.6 and 7.9 on the Richter There being no objection, the Senate be agreed to, the bill, as amended, be scale, struck El Salvador. In response, the Taiwanese government sent 2 rescue teams, proceeded to consider the joint resolu- read the third time and passed, the mo- consisting of 90 individuals specializing in tion. tion to reconsider be laid upon the firefighting, medicine, and civil engineering. Mr. MCCONNELL. I ask unanimous table, and that any statements relating The Taiwanese Ministry of Foreign Affairs consent that the Lugar amendment, to the bill be printed in the RECORD. also donated $200,000 in relief aid to the Sal- which is at the desk, be agreed to; fur- The PRESIDING OFFICER. Without vadoran Government. ther, that the joint resolution, as objection, it is so ordered. (8) The World Health Assembly has allowed amended, be read a third time and The committee amendment in the observers to participate in the activities of passed and the motion to reconsider be nature of a substitute was agreed to. the organization, including the Palestine Liberation Organization in 1974, the Order of laid upon the table; further, that the The bill (S. 195), as amended, was Malta, and the Holy See in the early 1950s. amendment to the preamble be agreed read the third time and passed. (9) The United States, in the 1994 Taiwan to, the preamble, as amended, be f Policy Review, declared its intention to sup- agreed to, and the motion to reconsider PARTICIPATION OF TAIWAN IN port Taiwan’s participation in appropriate be laid upon the table, with no inter- international organizations. THE WORLD HEALTH ORGANIZA- (10) Public Law 106–137 required the Sec- vening action or debate. TION retary of State to submit a report to the The PRESIDING OFFICER. Without objection, it is so ordered. Mr. MCCONNELL. Mr. President, I Congress on efforts by the executive branch The amendment (No. 533) was agreed ask unanimous consent that the Sen- to support Taiwan’s participation in inter- to, as follows: ate proceed to the immediate consider- national organizations, in particular the WHO. Strike all after the resolving clause and in- ation of Calendar No. 61, S. 243. (11) In light of all benefits that Taiwan’s sert the following: The PRESIDING OFFICER. The participation in the WHO can bring to the That it is the sense of Congress that— clerk will report the bill by title. state of health not only in Taiwan, but also (1) the governments of Kazakhstan, The legislative clerk read as follows: regionally and globally, Taiwan and its Kyrgyzstan, Tajikistan, Turkmenistan, and

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5690 CONGRESSIONAL RECORD — SENATE May 1, 2003 Uzbekistan should accelerate democratic re- Whereas the Central Asian nations of by removing a regime that threatened their forms and fulfill their human rights obliga- Kazakhstan, Kyrgyzstan, Tajikistan, security and by significantly weakening the tions, including, where appropriate, by— Turkmenistan, and Uzbekistan are providing Islamic Movement of Uzbekistan, a terrorist (A) releasing from prison anyone jailed for the United States with assistance in the war organization that had previously staged peaceful political activism or the nonviolent in Afghanistan, from military basing and armed raids from Afghanistan into the re- expression of their political or religious be- overflight rights to the facilitation of hu- gion; liefs; manitarian relief; Whereas the United States has consist- (B) fully investigating any credible allega- Whereas in turn the United States victory ently urged the nations of Central Asia to tions of torture and prosecuting those re- over the Taliban in Afghanistan provides im- open their political systems and economies sponsible; portant benefits to the Central Asian nations and to respect human rights, both before and (C) permitting the free and unfettered by removing a regime that threatened their since the attacks of September 11, 2001; functioning of independent media outlets, security and by significantly weakening the Whereas Kazakhstan, Kyrgyzstan, independent political parties, and non- Islamic Movement of Uzbekistan, a terrorist Tajikistan, Turkmenistan, and Uzbekistan governmental organizations, including by organization that had previously staged are members of the United Nations and the easing registration processes; armed raids from Afghanistan into the re- Organization for Security and Cooperation in (D) permitting the free exercise of reli- gion; Europe (OSCE), both of which confer a range gious beliefs and ceasing the persecution of Whereas the United States has consist- of obligations with respect to human rights members of religious groups and denomina- ently urged the nations of Central Asia to on their members; tions that do not engage in violence or polit- open their political systems and economies Whereas while the United States recog- ical change through violence; and to respect human rights, both before and nizes marked differences among the social (E) holding free, competitive, and fair elec- since the attacks of September 11, 2001; structures and commitments to democratic tions; and Whereas Kazakhstan, Kyrgyzstan, and economic reform of the Central Asian (F) making publicly available documenta- Tajikistan, Turkmenistan, and Uzbekistan nations, the United States notes neverthe- tion of their revenues and punishing those are members of the United Nations and the less, according to the State Department engaged in official corruption; Organization for Security and Cooperation in Country Reports on Human Rights Practices, (2) the President, the Secretary of State, Europe (OSCE), both of which confer a range that all five governments of such nations, to and the Secretary of Defense should— of obligations with respect to human rights differing degrees, restrict freedom of speech (A) continue to raise at the highest levels on their members; and association, restrict or ban the activities with the governments of the nations of Cen- Whereas while the United States recog- of human rights organizations and other tral Asia specific cases of political and reli- nizes marked differences among the social non-governmental organizations, harass or gious persecution, and to urge greater re- structures and commitments to democratic prohibit independent media, imprison polit- spect for human rights and democratic free- and economic reform of the Central Asian ical opponents, practice arbitrary detention doms at every diplomatic opportunity; nations, the United States notes neverthe- and arrest, and engage in torture and (B) take progress in meeting the goals less, according to the State Department extrajudical executions; specified in paragraph (1) into account when Country Reports on Human Rights Practices, Whereas by continuing to suppress human determining the scope and nature of our dip- that all five governments of such nations, to rights and to deny citizens peaceful, demo- lomatic and military relations and assist- differing degrees, restrict freedom of speech cratic means of expressing their convictions, ance with each of such governments; and association, restrict or ban the activities the nations of Central Asia risk fueling pop- (C) ensure that the provisions of foreign of human rights organizations and other ular support for violent and extremist move- operations appropriations Acts are fully im- non-governmental organizations, harass or ments, thus undermining the goals of the plemented to ensure that no United States prohibit independent media, imprison polit- war on terrorism; assistance benefits security forces in Central ical opponents, practice arbitrary detention Whereas President George W. Bush has Asia that are implicated in violations of and arrest, and engage in torture and made the defense of human dignity, the rule human rights; extrajudical executions; of law, limits on the power of the state, re- (D) press the Government of Turkmenistan Whereas by continuing to suppress human spect for women and private property, free to implement the helpful recommendations rights and to deny citizens peaceful, demo- speech, equal justice, religious tolerance contained in the so-called ‘‘Moscow Mecha- cratic means of expressing their convictions, strategic goals of United States foreign pol- nism’’ Report of the Organization for Secu- the nations of Central Asia risk fueling pop- icy in the Islamic world, arguing that ‘‘a rity and Cooperation in Europe (OSCE) re- ular support for violent and extremist move- truly strong nation will permit legal avenues spect the right of all prisoners to due process ments, thus undermining the goals of the of dissent for all groups that pursue their as- and a fair trial and release democratic activ- war on terrorism; pirations without violence’’; and ists and their family members from prison; Whereas President George W. Bush has Whereas Congress has expressed its desire (E) urge the Government of Russia not to made the defense of human dignity, the rule to see deeper reform in Central Asia in past extradite to Turkmenistan members of the of law, limits on the power of the state, re- resolutions and other legislation, most re- political opposition of Turkmenistan; spect for women and private property, free cently conditioning assistance to Uzbekistan (F) work with the Government of speech, equal justice, religious tolerance and Kazakhstan on their progress in meeting Kazakhstan to create a political climate free strategic goals of United States foreign pol- commitments to the United States on of intimidation and harassment, including icy in the Islamic world, arguing that ‘‘a human rights and democracy: Now, there- releasing political prisoners and permitting truly strong nation will permit legal avenues fore, be it the return of political exiles, and to reduce of dissent for all groups that pursue their as- Resolved by the Senate and House of Rep- official corruption, including by urging the pirations without violence’’; and resentatives of the United States of America in Government of Kazakhstan to cooperate Whereas Congress has expressed its desire Congress assembled, That it is the sense of with the ongoing Department of Justice in- to see deeper reform in Central Asia in past Congress that— vestigation; resolutions and other legislation, most re- (1) the governments of Kazakhstan, (G) support through United States assist- cently conditioning assistance to Uzbekistan Kyrgyzstan, Tajikistan, Turkmenistan, and ance programs individuals, nongovernmental and Kazakhstan on their progress in meeting Uzbekistan should accelerate democratic re- organizations, and media outlets in Central commitments to the United States on forms and fulfill their human rights obliga- Asia working to build more open societies, to human rights and democracy: Now, there- tions, including, where appropriate, by— support the victims of human rights abuses, fore, be it (A) releasing from prison anyone jailed for and to expose official corruption; and The preamble, as amended, was peaceful political activism or the nonviolent (H) press the Government of Uzbekistan to agreed to. expression of their political or religious be- implement fully the recommendations made The joint resolution, as amended, liefs; to the Government of Uzbekistan by the (B) fully investigating any credible allega- United Nation’s Special Rapporteur on Tor- with its preamble, as amended, was read the third time and passed, as fol- tions of torture and prosecuting those re- ture; and sponsible; (3) increased levels of United States assist- lows: (C) permitting the free and unfettered ance to the governments of the nations of S.J. RES. 3 functioning of independent media outlets, Central Asia made possible by their coopera- Whereas the Central Asian nations of independent political parties, and non- tion in the war in Afghanistan can be sus- Kazakhstan, Kyrgyzstan, Tajikistan, governmental organizations, including by tained only if there is substantial and con- Turkmenistan, and Uzbekistan are providing easing registration processes; tinuing progress towards meeting the goals the United States with assistance in the war (D) permitting the free exercise of reli- specified in paragraph (1). in Afghanistan, from military basing and gious beliefs and ceasing the persecution of The amendment (No. 534) was agreed overflight rights to the facilitation of hu- members of religious groups and denomina- to, as follows: manitarian relief; tions that do not engage in violence or polit- Whereas in turn the United States victory ical change through violence; Strike the preamble and insert the fol- over the Taliban in Afghanistan provides im- (E) holding free, competitive, and fair elec- lowing: portant benefits to the Central Asian nations tions; and

VerDate Mar 15 2010 21:02 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2003SENATE\S01MY3.REC S01MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 1, 2003 CONGRESSIONAL RECORD — SENATE S5691 (F) making publicly available documenta- ments related to the bill be printed in Resolved by the Senate (the House of Rep- tion of their revenues and punishing those the RECORD. resentatives concurring), That Congress— engaged in official corruption; The PRESIDING OFFICER. Without (1) recognizes the historical significance of (2) the President, the Secretary of State, objection, it is so ordered. the 140th anniversary of the Emancipation and the Secretary of Defense should— Proclamation as an important period in the (A) continue to raise at the highest levels The bill (H.R. 289) was passed. Nation’s history; and with the governments of the nations of Cen- f (2) encourages its celebration in accord- tral Asia specific cases of political and reli- COMMEMORATING THE 140TH ANNI- ance with the spirit, strength, and legacy of gious persecution, and to urge greater re- freedom, justice, and equality for all people spect for human rights and democratic free- VERSARY OF THE EMANCI- of America and to provide an opportunity for doms at every diplomatic opportunity; PATION PROCLAMATION all people of the United States to learn more (B) take progress in meeting the goals Mr. MCCONNELL. I ask unanimous about the past and to better understand the specified in paragraph (1) into account when consent that the Senate proceed to the experiences that have shaped the Nation. determining the scope and nature of our dip- immediate consideration of Calendar f lomatic and military relations and assist- ance with each of such governments; No. 81, S. Con. Res. 15, which was re- COMMEMORATION OF LAW (C) ensure that the provisions of foreign ported earlier today. ENFORCEMENT OFFICERS The PRESIDING OFFICER. The operations appropriations Acts are fully im- f plemented to ensure that no United States clerk will report the resolution by assistance benefits security forces in Central title. Mr. MCCONNELL. I ask unanimous Asia that are implicated in violations of The legislative clerk read as follows: consent that the Senate proceed to human rights; A concurrent resolution (S. Con. Res. 15) the immediate consideration of Cal- (D) press the Government of Turkmenistan commemorating the 140th anniversary of the endar No. 82, S. Res. 75, which was to implement the helpful recommendations issuance of the Emancipation Proclamation. reported earlier today. contained in the so-called ‘‘Moscow Mecha- nism’’ Report of the Organization for Secu- There being no objection, the Senate The PRESIDING OFFICER. The rity and Cooperation in Europe (OSCE) re- proceeded to consider the concurrent clerk will report the resolution by spect the right of all prisoners to due process resolution. title. and a fair trial and release democratic activ- Mr. MCCONNELL. I ask unanimous The legislative clerk read as follows: ists and their family members from prison; consent the concurrent resolution be f (E) urge the Government of Russia not to agreed to, the preamble be agreed to, A resolution (S. Res. 75) commemo- extradite to Turkmenistan members of the the motion to reconsider be laid upon political opposition of Turkmenistan; rating and acknowledging the dedi- (F) work with the Government of the table, and any statements related cation and sacrifice made by the Kazakhstan to create a political climate free to this matter be printed in the men and women who have lost of intimidation and harassment, including RECORD. their lives while serving as law en- releasing political prisoners and permitting The PRESIDING OFFICER. Without forcement officers. the return of political exiles, and to reduce objection, it is so ordered. official corruption, including by urging the The concurrent resolution (S. Con. There being no objection, the Senate Government of Kazakhstan to cooperate Res. 15) was agreed to. proceeded to consider the resolution. with the ongoing Department of Justice in- The preamble was agreed to. Mr. LEAHY. Mr. President, I am vestigation; happy that the Senate is passing S. (G) support through United States assist- The concurrent resolution, with its ance programs individuals, nongovernmental preamble, reads as follows: Res. 75, a resolution that would des- organizations, and media outlets in Central S. CON. RES. 15 ignate May 15, 2003, as National Peace Asia working to build more open societies, to Whereas Abraham Lincoln, the sixteenth Officers Memorial Day. Senator CAMP- support the victims of human rights abuses, President of the United States, issued a proc- BELL and I introduced this resolution and to expose official corruption; and lamation on September 22, 1862, declaring to keep alive in the memory of all (H) press the Government of Uzbekistan to that on the first day of January, 1863, ‘‘all Americans the sacrifice and commit- implement fully the recommendations made persons held as slaves within any State or ment of those law enforcement officers to the Government of Uzbekistan by the designated part of a State the people whereof who lost their lives serving their com- United Nation’s Special Rapporteur on Tor- shall then be in rebellion against the United ture; and munities. We are joined by 20 cospon- States shall be then, thenceforward, and for- sors, including Judiciary Committee (3) increased levels of United States assist- ever free’’; ance to the governments of the nations of Whereas the proclamation declared ‘‘all Chairman HATCH, and Judiciary Com- Central Asia made possible by their coopera- persons held slaves within the insurgent mittee members BIDEN, DURBIN, SCHU- tion in the war in Afghanistan can be sus- States’’—with the exception of Tennessee, MER and KOHL. tained only if there is substantial and con- southern Louisiana, and parts of Virginia, I commend Senator CAMPBELL for his tinuing progress towards meeting the goals then within Union lines—‘‘are free’’; leadership in this issue. As a former specified in paragraph (1). Whereas, for two and half years, Texas deputy sheriff, he has experienced first- f slaves were held in bondage after the Eman- hand the risks faced by law enforce- cipation Proclamation became official and ment officers every day while they pro- OTTAWA NATIONAL WILDLIFE only after Major General Gordon Granger tect our communities. I also want to and his soldiers arrived in Galveston, Texas, REFUGE COMPLEX EXPANSION thank each of our nation’s brave law AND DETROIT RIVER INTER- on June 19, 1865, were African-American slaves in that State set free; enforcement officers for the jobs they NATIONAL WILDLIFE REFUGE do. They are real-life heroes, too many EXPANSION ACT Whereas slavery was a horrendous practice and trade in human trafficking that contin- of whom often give the ultimate sac- Mr. MCCONNELL. Mr. President, I ued until the passage of the Thirteenth rifice, and they remind us of how im- ask unanimous consent that the Sen- Amendment to the United States Constitu- portant it is to support our state and ate proceed to the immediate consider- tion ending slavery on December 18, 1865; local police. ation of Calendar No. 67, H.R. 289. Whereas the Emancipation Proclamation Currently, more than 850,000 men and The PRESIDING OFFICER. The is historically significant and history is re- women who serve this Nation as our garded as a means of understanding the past clerk will report the bill by title. and solving the challenges of the future; guardians of law and order do so at a The legislative clerk read as follows: Whereas one hundred and forty years after great risk. Each year, 1 in 15 officers is A bill (H.R. 289) to expand the boundaries President Lincoln’s Emancipation Proclama- assaulted, 1 in 46 officers is injured, of the Ottawa National Wildlife Refuge Com- tion, African Americans have integrated into and 1 in 5,255 officers is killed in the plex and a Detroit River International Wild- various levels of society; and line of duty somewhere in America life Refuge. Whereas commemorating the 140th anni- every other day. After the hijacked There being no objection, the Senate versary of the Emancipation Proclamation planes hit the World Trade Center in proceeded to consider the bill. highlights and reflects the suffering and New York City on September 11, 72 progress of the faith and strength of char- Mr. MCCONNELL. I ask unanimous acter shown by slaves and their descendants peace officers died while trying to en- consent the bill be read the third time as an example for all people of the United sure that their fellow citizens in those and passed, the motion to reconsider be States, regardless of background, religion, or buildings got to safety. That act of ter- laid upon the table, and any state- race: Now, therefore, be it rorism resulted in the highest number

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A number of factors contributed to this reduction including f ORDERS FOR MONDAY, MAY 5, 2003 better equipment and the increased use AUTHORIZATION FOR COMMITTEE Mr. MCCONNELL. Mr. President, I of bullet-resistant vests, improved TO FILE ask unanimous consent that when the training, longer prison terms for vio- Mr. MCCONNELL. I ask unanimous Senate completes its business today, it lent offenders, and advanced emer- consent that notwithstanding the Sen- stand in adjournment until noon, Mon- gency medical care. And, in total, more ate’s adjournment, the Commerce day, May 5. I further ask that following than 16,700 men and women have made Committee have from 10 a.m. until 12 the prayer and pledge, the morning the ultimate sacrifice. noon on Friday, May 2, to file S. 824, hour be deemed expired, the Journal of National Peace Officers Memorial the FAA reauthorization bill. proceedings be approved to date, the Day will provide the people of the The PRESIDING OFFICER. Without time for the two leaders be reserved for United States with the opportunity to objection, it is so ordered. their use later in the day, and the Sen- honor that extraordinary service and Mr. REID. Would the distinguished ate then begin a period of morning sacrifice. More than 15,000 peace offi- majority whip yield? business until 12:45, with the time cers are expected to gather in Wash- Mr. MCCONNELL. I yield. equally divided between the majority ington to join with the families of their Mr. REID. Mr. President, we have leader and Senator DORGAN or their fallen comrades who, by their last full completed a number of unanimous con- designees, provided that at 12:45 the measure of devotion to their respon- sent requests this evening. A number of Senate proceed to executive session to sibilities and the right and security of them—about 10 in number—deal with consider Executive Calendar No. 34, the their fellow citizens, have rendered a various positions that have been con- nomination of Deborah Cook to be dedicated service to our nation. I look firmed by the Senate this evening. United States Circuit Judge for the forward to passage of this important These we read off by virtue of numbers. Sixth Circuit as provided under the resolution, a fitting tribute for this We do this almost every night, but I special and solemn occasion. previous order. Mr. MCCONNELL. I ask unanimous think sometimes we fail to realize I further ask unanimous consent that consent the resolution be agreed to, these are real people and they are more upon the completion of the vote on the the preamble be agreed to, the motion than just numbers. The people on this Cook nomination, the Senate resume to reconsider be laid upon the table, list that we have read off today, they consideration of the nomination of and any statement related to this mat- will have celebrations tonight. These Miguel Estrada, with the remaining ter be printed in the RECORD. are extremely important days in the time until 6 p.m. equally divided be- The PRESIDING OFFICER. Without life of every one of these people whose tween the chairman and ranking mem- objection, it is so ordered. names we have read off today. ber of the Judiciary Committee, pro- The resolution (S. Res. 75) was agreed I think it does us good to once in a vided further that at 6 p.m. the Senate to. while just pause and recognize that the proceed to a cloture vote on the The preamble was agreed to. things we do here deal with more than Estrada nomination. The resolution, with its preamble, just numbers. I ask we all once in a Mr. REID. No objection. reads as follows: while stop and join in the celebration The PRESIDING OFFICER. Without S. RES. 75 of these victories that these people objection, it is so ordered. Whereas the well-being of all citizens of have. the United States is preserved and enhanced It is difficult, with the present situa- f as a direct result of the vigilance and dedica- tion—present situation? I think it has tion of law enforcement personnel; been going on for 20 years, how dif- PROGRAM Whereas more than 700,000 men and ficult it is to get nominations that the Mr. MCCONNELL. Mr. President, for women, at great risk to their personal safe- the information of all Senators, on ty, presently serve their fellow citizens as President sends to us, Democrat or Re- guardians of peace; publican. The process is not very good. Monday the Senate will be in a period Whereas peace officers are on the front line We are now into the second year of of morning business until 12:45. Fol- in preserving the right of the children of the this administration and we are just lowing morning business, the Senate United States to receive an education in a getting approved people he submitted will begin consideration of the Cook crime-free environment, a right that is all earlier—some of whom he didn’t sub- nomination to the Sixth Circuit. Under too often threatened by the insidious fear mit earlier—just because the process is the agreement entered into earlier caused by violence in schools; so slow. I hope someday a bipartisan today, there will be up to 4 hours of de- Whereas more than 145 peace officers bate on the nomination prior to a vote across the Nation were killed in the line of commission or some organization can duty during 2002, well below the decade-long be set up so we can do this separate on confirmation. Therefore, the first average of 165 deaths annually, and a major and apart from the situation that in- vote on Monday will occur at 4:45 p.m. drop from 2001 when 230 officers were killed, volves the judiciary. But just on nomi- Upon the disposition of the Cook including 72 officers in the September 11th nations that come from the President, nomination, the Senate will debate the terrorist attacks; we need a system that works much bet- nomination of Miguel Estrada until 6 Whereas a number of factors contributed ter, more quickly than what we have. p.m. At 6 p.m., the Senate will conduct to this reduction in deaths, including better I don’t want to prolong the point its fifth cloture vote on the Estrada equipment and the increased use of bullet-re- other than to say congratulations to nomination. sistant vests, improved training, longer pris- on terms for violent offenders, and advanced all these people who have been ap- In addition to judicial nominations, emergency medical care; proved tonight. the Senate may proceed to any of the Whereas every year, 1 out of every 9 peace Mr. MCCONNELL. Mr. President, let following items next week: The NATO officers is assaulted, 1 out of every 25 peace me say to my friend, the assistant expansion bill, the energy bill, the bio- officers is injured, and 1 out of every 4,400 Democratic leader, his points are well shield legislation, the State Depart- peace officers is killed in the line of duty made both on the congratulations that ment authorization bill, the FISA leg- somewhere in America every other day; and are certainly due these individuals who islation, and any other items that can Whereas on May 15, 2003, more than 15,000 have been confirmed tonight and on be cleared for floor action. Therefore, I peace officers are expected to gather in Washington, D.C. to join with the families of the need to improve the process by encourage our colleagues to prepare for their recently fallen comrades to honor which we get individuals confirmed a very busy week, with numerous roll- those comrades and all others who went be- here in the Senate. I must say, without call votes occurring throughout next fore them: Now, therefore, be it the able and effective assistance of the week.

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DOUGLAS J. ADKISSON JOHN T. FRIEDLANDER ADJOURNMENT UNTIL MONDAY, NEAL D. AGAMAITE JAMES J. FRITSCHE MAY 5, 2003 CHRISTOPHER J. ATKINSON JEFFERY E. FROST CHARLES F. BABB DAVID B. GARVEY Mr. MCCONNELL. If there is no fur- WILLIAM H. BAXTER PETER D. GATES JOHN E. CAGE MADISON B. GENTSCH ther business to come before the Sen- WILLIAM C. CHAMBERS JEFFREY L. GIDEON ate, I ask unanimous consent the Sen- GRANT A. DUNN DONALD P. GLANDEN WILLIAM D. ERWIN DAVID N. GLASS ate stand in adjournment under the JON R. GABRIELSON CRAIG W. GOODMAN previous order. FRANK E. GIANOCARO TONY A. GRAYSON RICKY L. GILBERT ROBERT L. GREENE There being no objection, the Senate, GREGORY S. GORDON WILLIAM S. J. GRIPMAN at 6:38 p.m., adjourned until Monday, LANCE A. HARPEL MICHAEL R. GUIMOND CHRISTOPHER C. HARRINGTON MICHAEL W. GULLEDGE May 5, 2003, at 12 noon. SCOTT A. HARVEY PATTI R. GUREKIAN FRASER P. HUDSON BRUCE B. GUTHRIE f SEAN D. KEARNS ANTHONY R. HALL LARRY D. KNOCK MARK D. HARPER NOMINATIONS JEFFREY D. LAMB FRANK E. HARRIS JEFFREY E. LAMPHEAR DAVID J. HARRISON Executive nominations received by THOMAS A. MAYS ROBERT L. HAWKINS the Senate May 1, 2003: ROY W. MCKAY SHERRILL J. HAZARD III BRIAN A. MINARD STEPHEN C. HEID THE JUDICIARY WILLIAM J. OSSENFORT RICHARD A. HENNING MICHAEL V. HENSON D. MICHAEL FISHER, OF PENNSYLVANIA, TO BE UNITED JAMES D. OZOLS ADAM D. PALMER PAUL G. HILLENBRAND STATES CIRCUIT JUDGE FOR THE THIRD CIRCUIT, VICE JOHN J. PUDLOSKI MARK M. HODGE CAROL LOS MANSMANN, DECEASED. KENNETH W. RICE WILLIAM J. HOLLMAN ROGER T. BENITEZ, OF CALIFORNIA, TO BE UNITED STEVEN M. RIEDEL EDWARD F. HOLSTEIN II STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT MATTHEW P. ROBERTS MICHAEL W. HOPPE OF CALIFORNIA, VICE A NEW POSITION CREATED BY MATTHEW I. SAVAGE KATHRYN C. HOWELL PUBLIC LAW 107–273, APPROVED NOVEMBER 2, 2002. BRIAN J. SHEAKLEY ROGER B. HOYT LARRY ALAN BURNS, OF CALIFORNIA, TO BE UNITED TRAVIS D. SISK CLARENCE G. HULL IV STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT LOREN J. SMITH TIMOTHY P. HUNT OF CALIFORNIA, VICE A NEW POSITION CREATED BY DEAN M. SPRINGSTUBE GORDON J. JACOBSON PUBLIC LAW 107–273, APPROVED NOVEMBER 2, 2002. TORY J. SWANSON JEFFREY C. JAEGER KATHLEEN CARDONE, OF TEXAS, TO BE UNITED SHANNON J. WELLS JAMES B. JONES STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT RANDALL E. JONES OF TEXAS, VICE A NEW POSITION CREATED BY PUBLIC THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN W. JUDGE LAW 107–273, APPROVED NOVEMBER 2, 2002. TO THE GRADE INDICATED IN THE UNITED STATES CLIFFORD Y. KAISER JAMES I. COHN, OF FLORIDA, TO BE UNITED STATES NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MARK W. KAMINSKI DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF To be captain CHARLES B. KENNEDY FLORIDA, VICE A NEW POSITION CREATED BY PUBLIC BYRON W. KING LAW 107–273, APPROVED NOVEMBER 2, 2002. DANFORD S. K. AFONG RODNEY J. KING MARCIA A. CRONE, OF TEXAS, TO BE UNITED STATES PHILIP G. ALVAREZ FARIS A. KIRKLAND DISTRICT JUDGE FOR THE EASTERN DISTRICT OF TEXAS, DAN L. AMMONS PHILIP A. KUMLER VICE A NEW POSITION CREATED BY PUBLIC LAW 107–273, MARK D. ANDERSON CHARLES J. LABEE III APPROVED NOVEMBER 2, 2002. JAMES A. ANTONELLIS JOHN H. LACKIE DALE S. FISCHER, OF CALIFORNIA, TO BE UNITED ROBERT M. ARAKI SCOTT J. LANDIS STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT DOUGLAS J. ASBJORNSEN SANFORD D. LANSING OF CALIFORNIA, VICE A NEW POSITION CREATED BY CLAYTON B. AUSTIN JOSEPH R. LAWRENCE PUBLIC LAW 107–273, APPROVED NOVEMBER 2, 2002. WILLIAM P. AUVIL DOUGLAS E. LEMASTERS WILLIAM Q. HAYES, OF CALIFORNIA, TO BE UNITED KURT F. BAKER JOHN T. LINDGREN IV STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT MICHAEL S. BARRY WALLACE H. LLOYD III OF CALIFORNIA, VICE A NEW POSITION CREATED BY LYNETTE M. BASON PETER J. LOHR PUBLIC LAW 107–273, APPROVED NOVEMBER 2, 2002. ROBERT A. BERNARDON DEBORAH A. LYLE JOHN A. HOUSTON, OF CALIFORNIA, TO BE UNITED ROBERT M. BOLAND MORGAN E. MAHONEY STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT SUZANNE BONNER ANDREW J. MAKAR OF CALIFORNIA, VICE A NEW POSITION CREATED BY DERRICK S. BOONE MARK MCDONAGH PUBLIC LAW 107–273, APPROVED NOVEMBER 2, 2002. FREDERICK BOURASSA JAMES L. MCGINLEY FRANK MONTALVO, OF TEXAS, TO BE UNITED STATES EARL R. BOWEN MARTIN H. MCKOWN JR. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF CHARLES S. BOWERS III ROCK E. MCNULTY TEXAS, VICE A NEW POSITION CREATED BY PUBLIC LAW EDWARD P. BRANDS MATHEW W. MERRIMAN 107–273, APPROVED NOVEMBER 2, 2002. GREGORY D. BRANNON ROBERT H. G. MEYERS R. DAVID PROCTOR, OF ALABAMA, TO BE UNITED JAMES B. BRIDGE THOMAS M. MILLARD STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT JOSEPH L. BRIDGE IRA L. MINOR JR. OF ALABAMA, VICE A NEW POSITION CREATED BY PUB- JAMES W. BROWN JAMES E. MITCHELL LIC LAW 107–273, APPROVED NOVEMBER 2, 2002. PHILIP A. BUCHIARELLI CLARENCE T. MORGAN XAVIER RODRIGUEZ, OF TEXAS, TO BE UNITED STATES JACK W. BURGESS JOHNNY D. MORGAN DISTRICT JUDGE FOR THE WESTERN DISTRICT OF SCOTT R. BUTLER ELISA R. MORRELL TEXAS, VICE EDWARD C. PRADO. GARY M. BUTTER MARK F. MORRIS DANA MAKOTO SABRAW, OF CALIFORNIA, TO BE MARK S. CAMPAGNA MATTHEW B. MOURY UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN JEFFREY F. CAMPBELL MARTIN W. MULLAN DISTRICT OF CALIFORNIA, VICE A NEW POSITION CRE- STEVEN E. CAMPBELL ROBERT D. MURO ATED BY PUBLIC LAW 107–273, APPROVED NOVEMBER 2, TIMOTHY G. CANOLL KATHRYNE O. MURPHEY 2002. CHARLES K. CARODINE ROBERT F. MURPHY EARL LEROY YEAKEL III, OF TEXAS, TO BE UNITED CHARLES L. CARTLEDGE LLOYD M. MUSTIN II STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT DAVID A. CASE SAMUEL L. NETH OF TEXAS, VICE JAMES R. NOWLIN, RETIRED. CHARLES E. CASH ALVIN E. NIX JR. DEPARTMENT OF JUSTICE SILVIA K. CHANG ANNE J. NOLAN JOHN C. COCHRANE JR. STEVEN D. OAKS GRETCHEN C. F. SHAPPERT, OF NORTH CAROLINA, TO ARTHUR C. CODY DAVID J. OCONNOR JR. BE UNITED STATES ATTORNEY FOR THE WESTERN DIS- PETER D. COFFIN DAVID J. OESER TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR ROBERT J. COLE DIANNE M. OHNSTAD YEARS, VICE ROBERT J. CONRAD, JR. STARLING T. CORUM LAWRENCE E. OLSEN DAVID R. COUGHLIN KAY M. OSBORNE DEPARTMENT OF STATE IAIN A. CURRIE LUTHER M. OTT GEORGE A. KROL, OF NEW JERSEY, A CAREER MEMBER IRISH O. CURRY DAVID F. OZEROFF OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- JOHN R. CYRMIQUELON JR. DAVID B. PABINQUIT SELOR, TO BE AMBASSADOR EXTRAORDINARY AND WILLIAM K. DAILEY THOMAS R. PARRY PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA MARC L. DAPAS RICHARD G. PATSY TO THE REPUBLIC OF BELARUS. TIMOTHY A. DEAK CHRISTOPHER J. PAUL PAUL A. DENHAM THOMAS J. PAULOSKI DEPARTMENT OF DEFENSE JOHN R. DENICOLA KURT E. PAVLAT GREGORY A. DEVER PHILIP C. PEYTON THOMAS W. O’CONNELL, OF VIRGINIA, TO BE AN AS- RODOLFO R. DIAZ JR. WILLIAM J. PFLUGRATH SISTANT SECRETARY OF DEFENSE, VICE BRIAN E. KENNETH T. DICKERSON KENNETH R. PHILLIPS SHERIDAN. KELVIN N. DIXON DAVID S. PICOU IN THE AIR FORCE CHRISTOPHER A. DOERING BRYAN A. PLATON GREGORY W. EATON KENNETH E. POSEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK E. ECKEL ROBERTO N. POSSUMATO TO THE GRADE INDICATED IN THE RESERVE OF THE AIR SANDRA N. ELLIS DANIEL PRIJIC FORCE UNDER TITLE 10, U.S.C., SECTION 12203: BENEDICT A. ENG LYNNE E. PUCKETT STEPHEN B. ENGELHARDT CHARLES L. RATTE To be colonel KEVIN M. ERNST MARK R. REID JEFFERSON L. SEVERS DOUGLAS J. EVANS JOSEPH E. REYNOLDS GARY W. EVANS DAVID L. RICHARDS IN THE NAVY CHRISTOPHER L. EVERSON PETER G. ROSS MICHAEL R. EWING ROBERT R. ROSSETTI THE FOLLOWING NAMED OFFICERS FOR TEMPORARY RANDAL D. FARLEY VINCENT E. ROTHWALL APPOINTMENT TO THE GRADE INDICATED IN THE LYNNE A. FARLOW STEPHEN H. ROUSSEAU UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION DANIEL C. FINK ADALBERTO RUIZ III 5721: GERALD N. FITZMORRIS FRANK R. RUSSO JR. To be lieutenant commander NEIL K. FLINT CRAIG J. RYNIEWICZ JEROME D. FRECHETTE JOHN C. SADLER AMADO F. ABAYA MICHAEL E. FREDETTE TERRY R. SARGENT

VerDate Sep 11 2014 12:13 Aug 13, 2019 Jkt 000000 PO 00000 Frm 00075 Fmt 0624 Sfmt 9801 C:\ERIC\CONGRESSIONAL-RECORD-SSN-FILES_2\S01MY3.REC S01MY3 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE S5694 CONGRESSIONAL RECORD — SENATE May 1, 2003 RICHARD A. SCHOENBERG JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be rear admiral (lower half) JAMES S. SCHWARTZ TO THE GRADE INDICATED IN THE UNITED STATES JAN SCHWARZENBERG NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: CAPT. THOMAS K. BURKHARD JOHN A. SEVERINO To be captain JOSEPH S. SHELLENBERGER IN THE ARMY ANDREW P. SHELTER GREGORY S. ADAMS BILLY J. SHILLING HARRY W. ALLEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TRACY L. SKEELS RICHARD C. BAFFA IN THE UNITED STATES ARMY TO THE GRADE INDICATED DONALD E. SMALLWOOD JR. DANIEL A. BUBACZ WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DAVID P. SMITH HENRY S. DOMERACKI RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JEFFREY R. SMITH ALEXANDER DREW JON C. SMITH LANCE B. GORDON To be lieutenant general MICHAEL W. SMITH BRIAN J. HICKMAN WARREN T. SMITH RONALD L. HOOVER MAJ. GEN. JAMES J. LOVELACE, JR. JOHN G. SPEAR JAMES A. JACKMORE JR. JONATHAN H. STAIRS ARMY NOMINATIONS BEGINNING CURTIS J ALITZ AND ANTHONY H. JOHNSON MICHAEL L. STANFORD ENDING MARY J WYMAN, WHICH NOMINATIONS WERE RE- HOWARD T. KAUDERER KURT A. STONEY RAYMOND KELLER JR. CEIVED BY THE SENATE AND APPEARED IN THE CON- JOHN W. SWAIN LEEROY LANCE JR. GRESSIONAL RECORD ON JANUARY 15, 2003. WILLIAM F. SWINTON DENNIS L. LOVEJOY ARMY NOMINATIONS BEGINNING RICHARD P BEIN AND DONALD S. THIESSE PATRICIA A. LUCAS ENDING KELLY E TAYLOR, WHICH NOMINATIONS WERE WILLIAM H. THOMPSON RECEIVED BY THE SENATE AND APPEARED IN THE CON- JAMES E. TORMEY JR. C. C. MAGRUDER GRESSIONAL RECORD ON JANUARY 15, 2003. DAVID A. TOWNSEND THOMAS C. MALONEY JR. ARMY NOMINATIONS BEGINNING DEBORAH K BETTS GLENN M. TRACY DAVID W. MAREADY DAVID W. TRUMPOLDT MARK D. NEY AND ENDING DAVID WILLIAMS, WHICH NOMINATIONS GREGORY E. UPRIGHT GARY R. REEVES WERE RECEIVED BY THE SENATE AND APPEARED IN THE CHARLES R. VALENTINO CHARLES T. ROBERTS CONGRESSIONAL RECORD ON JANUARY 15, 2003. SCOTT R. VASINA JOHN A. RODGAARD ARMY NOMINATION OF JAMES R. KERIN, JR. JOYCE L. VIETTI STEPHAN A. ROGGE ARMY NOMINATIONS BEGINNING HENRY E ABER- HENRY R. VITALI JR. JOHN VOLKOFF CROMBIE AND ENDING MICHELLE F YARBOROUGH, RICHARD K. VOGEL KEVIN C. WARNKE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THEODORE J. WADDELL III MICHAEL K. WEBB AND APPEARED IN THE CONGRESSIONAL RECORD ON RICHARD E. WAKELAND PATRICIA G. WILLIAMS MARCH 26, 2003. STEVEN J. WALTER PETER A. WITHERS ARMY NOMINATIONS BEGINNING MICHAEL P ARM- CHRISTOPHER R. WANSTALL f STRONG AND ENDING CRAIG M WHITEHILL, WHICH NOMI- JOHN G. WATSON NATIONS WERE RECEIVED BY THE SENATE AND AP- PAUL S. WEHR PEARED IN THE CONGRESSIONAL RECORD ON MARCH 26, LAWRENCE E. WEILL CONFIRMATIONS 2003. PAUL W. WERNER Executive nominations confirmed by ARMY NOMINATIONS BEGINNING JOHN F AGOGLIA AND JOSEPH C. WESTON RICHARD T. WHEATLEY the Senate May 1, 2003: ENDING JEFFREY R WITSKEN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIMOTHY G. WILD DEPARTMENT OF ENERGY DAVID S. WILSON CONGRESSIONAL RECORD ON MARCH 26, 2003. NELSON W. C. WINBUSH LINTON F. BROOKS, OF VIRGINIA, TO BE UNDER SEC- ARMY NOMINATIONS BEGINNING PAUL F ABEL, JR. AND THEODORE A. WYKA RETARY FOR NUCLEAR SECURITY, DEPARTMENT OF EN- ENDING X4432, WHICH NOMINATIONS WERE RECEIVED BY ERGY. THE SENATE AND APPEARED IN THE CONGRESSIONAL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RECORD ON MARCH 26, 2003. TO THE GRADE INDICATED IN THE UNITED STATES DEPARTMENT OF THE TREASURY ARMY NOMINATION OF WILLIAM T. BOYD. NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MARK W. EVERSON, OF TEXAS, TO BE COMMISSIONER ARMY NOMINATIONS BEGINNING RICHARD D. DANIELS To be captain OF INTERNAL REVENUE FOR A TERM OF FIVE YEARS. AND ENDING GEORGE G. PERRY III, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE SCOTT F. BOHNENKAMP DEPARTMENT OF DEFENSE CONGRESSIONAL RECORD ON APRIL 7, 2003. DONALD J. BURNS ARMY NOMINATIONS BEGINNING GARY L. HAMMETT ROBERT D. BUXTON LAWRENCE MOHR, JR., OF SOUTH CAROLINA, TO BE A AND ENDING DAVID L. SMITH, WHICH NOMINATIONS KATHY L. CALLAHANARAGON MEMBER OF THE BOARD OF REGENTS OF THE UNI- WERE RECEIVED BY THE SENATE AND APPEARED IN THE STEPHEN P. CARMICHAEL FORMED SERVICES UNIVERSITY OF THE HEALTH CONGRESSIONAL RECORD ON APRIL 7, 2003. RICHARD S. CLINE SCIENCES. ARMY NOMINATIONS BEGINNING EDWARD A. HEVENER JOHN E. COLE SHARON FALKENHEIMER, OF TEXAS, TO BE A MEMBER KATHLEEN FARRELL OF THE BOARD OF REGENTS OF THE UNIFORMED SERV- AND ENDING ZEB S. REGAN, JR., WHICH NOMINATIONS MICHAEL J. FITZGERALD ICES UNIVERSITY OF THE HEALTH SCIENCES. WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 10, 2003. GERALD D. GOLDEN TENNESSEE VALLEY AUTHORITY MICHAEL D. HERMAN MARINE CORPS NOMINATION OF KENNETH O. GARY N. HETZEL RICHARD W. MOORE, OF ALABAMA, TO BE INSPECTOR SPITTLER. EUGENE S. HOWARD GENERAL, TENNESSEE VALLEY AUTHORITY. MARINE CORPS NOMINATIONS BEGINNING THOMAS LOTHROP S. LITTLE THE ABOVE NOMINATIONS WERE APPROVED SUBJECT DUHS AND ENDING WILLIAM M. LAKE, WHICH NOMINA- LYNN A. MCCARTHY TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- TIONS WERE RECEIVED BY THE SENATE AND APPEARED ROBERT B. MONROE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY IN THE CONGRESSIONAL RECORD ON FEBRUARY 11, 2003. CHRISTOPHER A. PATTON CONSTITUTED COMMITTEE OF THE SENATE. MARINE CORPS NOMINATIONS BEGINNING PATRICK W. ELIEZER J. PEREZVERGARA THE JUDICIARY BURNS AND ENDING DANIEL S. RYMAN, WHICH NOMINA- MICHAEL S. REMINGTON TIONS WERE RECEIVED BY THE SENATE AND APPEARED ROBERT J. SHEA EDWARD C. PRADO, OF TEXAS, TO BE UNITED STATES IN THE CONGRESSIONAL RECORD ON FEBRUARY 11, 2003. RANDALL C. SNYDER CIRCUIT JUDGE FOR THE FIFTH CIRCUIT. MARINE CORPS NOMINATIONS BEGINNING DONALD J ANDREW J. TURNLEY ANDERSON AND ENDING DONALD W ZAUTCKE, WHICH CHRISTOPHER L. WALL IN THE MARINE CORPS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 11, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES IN THE UNITED STATES MARINE CORPS TO THE GRADE 2003. NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- MARINE CORPS NOMINATIONS BEGINNING SEAN T. TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., MULCAHY AND ENDING STEVEN H. MATTOS, WHICH To be captain SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 24, CHARLES L. COLLINS To be lieutenant general 2003. WILLIAM C. DOSKOCIL HAROLD A. KOUSSA MAJ. GEN. HENRY P. OSMAN MARINE CORPS NOMINATION OF FRANKLIN MCLAIN. RICHARD H. LAGDON JR. MARINE CORPS NOMINATIONS BEGINNING BRYAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICHARD D. MARKINGCAMUTO DELGADO AND ENDING PAUL A. ZACHARZUK, WHICH IN THE UNITED STATES MARINE CORPS RESERVE TO THE CHARLES D. MASSEY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: DONALD S. MUEHLBACH JR. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 24, RONALD E. OROURKE To be brigadier general 2003. GREGG R. PELOWSKI MARINE CORPS NOMINATION OF MICHAEL H. GAMBLE. ROBERT V. PELTIER COL. DOUGLAS M. STONE MARINE CORPS NOMINATION OF JEFFREY L. MILLER. ROBERT S. ROSEN IN THE NAVY MARINE CORPS NOMINATION OF BARETT R. BYRD. CHARLOTTE V. SCOTTMCKNIGHT MARINE CORPS NOMINATIONS BEGINNING JEFFREY JEFFREY C. SEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ACOSTA AND ENDING JOHN G WEMETT, WHICH NOMINA- ROBERT L. SKINNER IN THE UNITED STATES NAVY TO THE GRADE INDICATED TIONS WERE RECEIVED BY THE SENATE AND APPEARED CYNTHIA R. SUGIMOTO UNDER TITLE 10, U.S.C., SECTION 624: IN THE CONGRESSIONAL RECORD ON APRIL 7, 2003.

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