Senate on NON-SUBSCRIBED E-MAIL UPDATES Serve in Government

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, MONDAY, SEPTEMBER 15, 2003 No. 126 House of Representatives The House met at noon and was PLEDGE OF ALLEGIANCE COMMITTEE RESOLUTION 108–5, AMENDMENT TO REGULATION OF UNSOLICITED MASS COMMU- called to order by the Speaker pro tem- The SPEAKER pro tempore. The NICATIONS pore (Mr. ADERHOLT). Chair will lead the House in the Pledge Resolved, that the Committee on House Ad- of Allegiance. f ministration Regulations of Unsolicited The SPEAKER pro tempore led the Mass Communications as contained in the Pledge of Allegiance as follows: DESIGNATION OF THE SPEAKER Members’ Congressional Handbook are PRO TEMPORE I pledge allegiance to the Flag of the amended by the language attached hereto United States of America, and to the Repub- and incorporated herein. The SPEAKER pro tempore laid be- lic for which it stands, one nation under God, ELECTRONIC COMMUNICATIONS indivisible, with liberty and justice for all. fore the House the following commu- Ordinary and necessary expenses related to nication from the Speaker: f electronic communications (Internet, fax WASHINGTON, DC, COMMUNICATION FROM THE machines, etc.) are reimbursable. All official September 15, 2003. CLERK OF THE HOUSE electronic communication content must I hereby appoint the Honorable ROBERT B. comply with the Franking Regulations. ADERHOLT to act as Speaker pro tempore on The SPEAKER pro tempore laid be- SUBSCRIBED E-MAIL UPDATES this day. fore the House the following commu- A subscribed e-mail update is an e-mail J. DENNIS HASTERT, nication from the Clerk of the House of sent to constituents who have individually Speaker of the House of Representatives. Representatives: subscribed to an e-mail list. Members must HOUSE OF REPRESENTATIVES, notify constituents who subscribe to e-mail f OFFICE OF THE CLERK, updates that the constituent is authorizing Washington, DC, September 12, 2003. the Member to send regular e-mail updates PRAYER Hon. J. DENNIS HASTERT, from the Member’s office to the person’s e- The Chaplain, the Reverend Daniel P. Speaker, House of Representatives, mail account. All e-mail updates to sub- Coughlin, offered the following prayer: Washington, DC. scribers must contain an option that enables the constituent to unsubscribe from the e- Lord of the living and guardian of the DEAR MR. SPEAKER: Pursuant to the permission granted in Clause 2(h) of Rule II of mail list. Members may send subscribed e- Nation, we commend to Your loving at- the Rules of the U.S. House of Representa- mail updates without obtaining an advisory tention the Members of the House of tives, the Clerk received the following mes- opinion. Representatives and all those who sage from the Secretary of the Senate on NON-SUBSCRIBED E-MAIL UPDATES serve in government. September 12, 2003 at 12:06 p.m. If each e-mail address used in mass com- Give to all the freedom to embrace That the Senate passed without amend- munication was not obtained with consent the tasks You set before them today. ment H.R. 978. for subscribed e-mail updates, then the Mem- With best wishes, I am, May their standard of work ethic be a ber must receive a Franking Advisory prior Sincerely, model for all citizens. to the distribution of the mass communica- JEFF TRANDAHL, tion. Grant safety and health to all in Clerk of the House. their family, their colleagues, and all Please see Unsolicited Mass Communica- f those they love. tions Restrictions. By working together, may the Nation COMMITTEE RESOLUTION 108–5 UNSOLICITED MASS COMMUNICATION RESTRICTIONS be strengthened and world peace be re- The SPEAKER pro tempore. Under a alized. previous order of the House, the gen- Unsolicited mass communication is defined In Your Divine Providence we trust, consistent with Franking Regulations as any tleman from Ohio (Mr. NEY) is recog- unsolicited communication of substantially now and forever. Amen. nized for 5 minutes. identical content to 500 or more persons in a Mr. NEY. Mr. Speaker, pursuant to Com- session of Congress. f mittee Rule (4)a of the Committee on House Except where noted, unsolicited mass com- Administration rules, I submit for the RECORD munications, regardless of the means of THE JOURNAL Committee Resolution 108–5. This resolution transmittal, must receive an Advisory Opin- The SPEAKER pro tempore. The regarding unsolicited mass communication ion from the Franking Commission prior to Chair has examined the Journal of the dissemination. Advisory Opinions may be ob- contained in the Members’ Congressional tained from the Franking Commission at last day’s proceedings and announces Handbook was adopted on September 5, x59337. to the House his approval thereof. 2003. This language amended the handbook Expenditures from the MRA for unsolicited Pursuant to clause 1, rule I, the Jour- and I have attached the new policy language mass communications, regardless of the nal stands approved. for submission. means of transmittal, are prohibited if such

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

H8219

VerDate jul 14 2003 02:00 Sep 16, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15SE7.000 H15PT1 H8220 CONGRESSIONAL RECORD — HOUSE September 15, 2003 communication occurs fewer than 90 days House adjourned until tomorrow, Tues- 4233. A letter from the Director, Defense immediately before the date of any primary day, September 16, 2003, at 12:30 p.m., Procurement and Acquisition Policy, De- or general election (whether regular, special, for morning hour debates. partment of Defense, transmitting the De- or runoff) in which the Member’s name will partment’s final rule—Defense Federal Ac- appear on an official ballot for election or re- f quisition Regulation Supplement; Caribbean election to public office. EXECUTIVE COMMUNICATIONS, Basin Country—Dominican Republic Examples of unsolicited mass communica- ETC. [DFARS Case 2003–D007] received September tion are: 9, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 1. Radio, TV, Internet, or newspaper adver- Under clause 8 of rule XII, executive the Committee on Armed Services. tisements of town hall meetings. communications were taken from the 4234. A letter from the Director, Defense 2. Radio or newspaper advertisements an- Speaker’s table and referred as follows: Procurement and Acquisition Policy, De- nouncing a personal appearance of Member. 4224. A letter from the Congressional Re- partment of Defense, transmitting the De- 3. Newspaper inserts. view Coordinator, APHIS, Department of Ag- partment’s final rule—Defense Federal Ac- 4. Automated phone calls. riculture, transmitting the Department’s quisition Regulation Supplement; Liability 5. Facsimiles. final rule—Update of Nursery Stock Regula- for Loss Under Vessel Repair and Alteration 6. Mass mailings. tions [Docket No. 98–062–2] (RIN: 0579–AB23) Contracts [DFARS Case 2002–D016] received 7. Posters, leaflets, handouts, etc., that are received September 10, 2003, pursuant to 5 September 9, 2003, pursuant to 5 U.S.C. distributed. U.S.C. 801(a)(1)(A); to the Committee on Ag- 801(a)(1)(A); to the Committee on Armed 8. Purchase of radio broadcast time. riculture. Services. 4235. A letter from the Executive Director, 9. Production and distribution costs for 4225. A letter from the Congressional Re- Commodity Futures Trading Commission, video and audio services. view Coordinator, APHIS, Department of Ag- transmitting the Commission’s final rule— 10. Non-subscriber list e-mails. riculture, transmitting the Department’s Customer Identification Programs for Fu- This restriction does not apply to the fol- final rule—Requirements for Recognizing the tures Commission Merchants and Intro- lowing: Animal Health Status of Foreign Regions ducing Brokers (RIN: 1506–AA34) received 1. Direct response to communications (i.e., [Docket No. 01–036–2] received September 9, September 9, 2003, pursuant to 5 U.S.C. solicited communications). 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Financial 2. Communications to Members of Congress Committee on Agriculture. Services. and other government officials. 4226. A letter from the Administrator, 4236. A letter from the Senior Paralegal 3. News releases. FSIS, Department of Agriculture, transmit- (Regulations), Office of Thrift Supervision, 4. Web sites and other electronic bulletin ting the Department’s final rule—Definitions Department of the Treasury, transmitting boards that post information for voluntary and Standards of Identity or Composition: the Department’s final rule—Federal Savings public access. Elimination of the Pizza with Meat or Sau- Associations—Operations, Agency Offices; 5. Advertisements for employee position sage Standards [Docket No. 01–018F] received Fiduciary Powers of Savings Associations and internship openings, U.S. Military Acad- September 9, 2003, pursuant to 5 U.S.C. [No. 2003–44] (RIN: 1550–AB80) received Sep- emy Days, and An Artistic Discovery. 801(a)(1)(A); to the Committee on Agri- tember 8, 2003, pursuant to 5 U.S.C. 6. Member’s television appearance as a culture. 801(a)(1)(A); to the Committee on Financial media guest, whether by newspaper inter- 4227. A letter from the Director, Regu- view, radio, television or other electronic Services. latory Review Group, Department of Agri- 4237. A letter from the Senior Paralegal means. culture, transmitting the Department’s final 7. Previously recorded shows and Public (Regulations), Office of Thrift Supervision, rule—Sugar Beet Disaster Program (RIN: Department of the Treasury, transmitting Service Announcements aired voluntarily by 0560–AH04) received September 10, 2003, pur- a media outlet, when no expenses are in- the Department’s final rule—Regulatory Re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- porting Standards: Qualifications for Inde- curred by the Member. mittee on Agriculture. 8. Purchases of research materials, includ- pendent Public Accountants Performing 4228. A letter from the Director, Regu- Audit Services for Voluntary Audit Filers ing video or audio-tapes; and Video Tele- latory Review Group, Department of Agri- conferencing. [No. 2003–45] (RIN: 1550–AB54) received Sep- culture, transmitting the Department’s final tember 8, 2003, pursuant to 5 U.S.C. 9. E-mail subscribers list. rule—Outside Storage of Extra Long Staple Please see Electronic Communications. 801(a)(1)(A); to the Committee on Financial Loan Cotton (RIN: 0560–AH03) received Sep- Services. f tember 10, 2003, pursuant to 5 U.S.C. 4238. A letter from the Acting General 801(a)(1)(A); to the Committee on Agri- Counsel, FEMA, Department of Homeland SPECIAL ORDERS GRANTED culture. Security, transmitting the Department’s By unanimous consent, permission to 4229. A letter from the Director, Regu- final rule—Changes in Flood Elevation De- latory Review Group, Department of Agri- terminations—received September 10, 2003, address the House, following the legis- culture, transmitting the Department’s final lative program and any special orders pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rule—2003 Agricultural Assistance Act-Crop mittee on Financial Services. heretofore entered, was granted to: Diaster Program and Livestock Assistance 4239. A letter from the Acting General (The following Member (at his own Program (RIN: 0560–AG95) received Sep- Counsel, FEMA, Department of Homeland request) to revise and extend his re- tember 10, 2003, pursuant to 5 U.S.C. Security, transmitting the Department’s marks and include extraneous mate- 801(a)(1)(A); to the Committee on Agri- final rule—Final Flood Elevation Determina- rial:) culture. tions—received September 10, 2003, pursuant 4230. A communication from the President Mr. NEY, for 5 minutes, today. to 5 U.S.C. 801(a)(1)(A); to the Committee on of the United States, transmitting requests Financial Services. f for FY 2004 budget amendments for the De- 4240. A letter from the Director, Office of BILL PRESENTED TO THE partments of Agriculture, Homeland Secu- Legislative Affairs, Federal Deposit Insur- PRESIDENT rity, Housing and Urban Development and ance Corporation, transmitting the Corpora- the Corps of Engineers; (H. Doc. No. 108—125); tion’s final rule—Filing Procedures, Cor- Jeff Trandahl, Clerk of the House re- to the Committee on Appropriations and or- porate Powers, International Banking, Man- ports that on September 12, 2003 he pre- dered to be printed. agement Official Interlocks, Golden Para- sented to the President of the United 4231. A letter from the Director, Defense chute and Indemnification Payments (RIN: States, for his approval, the following Procurement and Acquisition Policy, De- 3064–AC55) received September 10, 2003, pur- bill: partment of Defense, transmitting the De- suant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule—Defense Federal Ac- mittee on Financial Services. H.R. 1668. To designate the United States quisition Regulation Supplement; Multiyear 4241. A letter from the General Counsel, courthouse located at 101 North Fifth Street Contracting Authority Revisions [DFARS National Credit Union Administration, in Muskogee, Oklahoma, as the ‘‘Ed Case 2002–D041] received September 9, 2003, transmitting the Administrator’s final rule— Edmondson United States Courthouse.’’ pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Investment and Deposit Activities and Regu- f mittee on Armed Services. latory Flexibility Program—received Sep- 4232. A letter from the Director, Defense tember 10, 2003, pursuant to 5 U.S.C. ADJOURNMENT Procurement and Acquisition Policy, De- 801(a)(1)(A); to the Committee on Financial The SPEAKER pro tempore. Without partment of Defense, transmitting the De- Services. objection, the House stands adjourned partment’s final rule—Defense Federal Ac- 4242. A letter from the Acting Assistant until 12:30 p.m. on Tuesday, September quisition Regulation Supplement; Con- Secretary, Department of Education, trans- tractor Performance of Security-Guard mitting the Department’s final rule—Indian 16, 2003, for morning hour debates. Functions [DFARS Case 2002–D042] received Education Discretionary Grant Programs There was no objection. September 9, 2003, pursuant to 5 U.S.C. (RIN: 1810–AA93) received September 10, 2003, Accordingly (at 12 o’clock and 4 min- 801(a)(1)(A); to the Committee on Armed pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- utes p.m.), under its previous order, the Services. mittee on Education and the Workforce.

VerDate jul 14 2003 01:13 Sep 16, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A15SE7.007 H15PT1 September 15, 2003 CONGRESSIONAL RECORD — HOUSE H8221 4243. A letter from the Acting Assistant Governments—received September 9, 2003, tion, transmitting the Administration’s final Secretary, Department of Education, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rule—Fisheries of the Exclusive Economic mitting the Department’s final rule—Indian mittee on Government Reform. Zone Off Alaska; Pacific Ocean Perch in the Education Discretionary Grant Programs 4254. A letter from the Director, Office of Eastern Aleutian District of the Bering Sea (RIN: 1810–AA93) received September 10, 2003, Government Affairs, National Endowment and Aleutian Islands [Docket No. 021122286– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for the Arts, transmitting a report pursuant 3036–02; I.D. 082003D] received September 10, mittee on Education and the Workforce. to the Federal Vacancies Reform Act of 1998; 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4244. A letter from the Assistant Secretary to the Committee on Government Reform. Committee on Resources. of Labor for Mine Safety and Health, Depart- 4255. A letter from the Acting Director, Of- 4263. A letter from the Acting Director, Of- ment of Labor, transmitting the Depart- fice of Sustainable Fisheries, NMFS, Na- fice of Sustainable Fisheries, NMFS, Na- ment’s final rule—Testing and Evaluation by tional Oceanic and Atmospheric Administra- tional Oceanic and Atmospheric Administra- Independent Laboratories and Non-MSHA tion, transmitting the Administration’s final tion, transmitting the Administration’s final Product Safety Standards (RIN: 1219–AA87) rule—Fisheries of the Exclusive Economic rule—Fisheries of the Exclusive Economic received September 8, 2003, pursuant to 5 Zone Off Alaska; Pollock in Statistical Area Zone Off Alaska; Pollock in Statistical Area U.S.C. 801(a)(1)(A); to the Committee on Edu- 620 of the Gulf of Alaska [Docket No. 630 of the Gulf of Alaska [Docket No. cation and the Workforce. 021122286–3036–02; I.D. 082803B] received Sep- 021122286–3036-02; I.D. 082603A] received Sep- 4245. A letter from the Director, Corporate tember 9, 2003, pursuant to 5 U.S.C. tember 10, 2003, pursuant to 5 U.S.C. Policy and Research Department, Pension 801(a)(1)(A); to the Committee on Resources. 801(a)(1)(A); to the Committee on Resources. Benefit Guaranty Corporation, transmitting 4256. A letter from the Director, Office of 4264. A letter from the Acting Director, Of- the Corporation’s final rule—Benefits Pay- Sustainable Fisheries, NMFS, National Oce- fice of Sustainable Fisheries, NMFS, Na- able in Terminated Single-Employer Plans; anic and Atmospheric Administration, trans- tional Oceanic and Atmospheric Administra- Allocation of Assets in Single-Employer mitting the Administration’s final rule— tion, transmitting the Administration’s final Plans; Interest Assumptions for Valuing and Fisheries of the Exclusive Economic Zone rule—Fisheries of the Exclusive Economic Paying Benefits—received September 10, Off Alaska; Pollock in Statistical Area 610 of Zone Off Alaska; Atka Mackerel Harvest 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Gulf of Alaska [Docket No. 021122286– Limit Area Fisheries in Areas 542 and 543 Committee on Education and the Workforce. 3036–02; I.D. 082803D] received September 9, [Docket No. 021212307–3037–02; I.D. 081403D] 4246. A letter from the Director, Regula- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the received September 10, 2003, pursuant to 5 tions Policy and Management Staff, FDA, Committee on Resources. U.S.C. 801(a)(1)(A); to the Committee on Re- Department of Health and Human Services, 4257. A letter from the Deputy Assistant sources. transmitting the Department’s final rule— Administrator for Regulatory Programs, 4265. A letter from the Acting Director, Of- Food Additives Permitted for Direct Addi- NMFS, National Oceanic and Atmospheric fice of Sustainable Fisheries, NMFS, Na- tion to Food for Human Consumption; Su- Administration, transmitting the Adminis- tional Oceanic and Atmospheric Administra- crose Oligoesters [Docket No. 98F–0717] re- tration’s final rule—Fisheries of the Exclu- tion, transmitting the Administration’s final rule—Fisheries of the Exclusive Economic ceived September 9, 2003, pursuant to 5 sive Economic Zone Off Alaska; Removal of Zone off Alaska; Reallocation of Pollock in U.S.C. 801(a)(1)(A); to the Committee on En- Full Retention and Utilization Requirements the Bering Sea Subarea [Docket No. ergy and Commerce. for Rock Sole and Yellowfin Sole [Docket 4247. A letter from the Acting Assistant No. 030320066–3192–02; I.D. 022103D] (RIN: 0648- 021212307–3037–02; I.D. 081503B] received Sep- Secretary for Export Administration, De- AQ78) received September 9, 2003, pursuant tember 10, 2003, pursuant to 5 U.S.C. partment of Commerce, transmitting the De- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Resources. 4266. A letter from the Acting Director, Of- partment’s final rule—Export Clearance— Resources. fice of Sustainable Fisheries, NMFS, Na- Conformance of Export Administration Reg- 4258. A letter from the Deputy Assistant tional Oceanic and Atmospheric Administra- ulations with Foreign Trade Statistics Regu- Administrator for Operations, NMFS, Na- tional Oceanic and Atmospheric Administra- tion, transmitting the Administration’s final lations [Docket No. 030728186–3186–01] (RIN: rule—Fisheries of the Exclusive Economic tion, transmitting the Administration’s final 0694–AC81) received September 9, 2003, pursu- Zone Off Alaska; Atka Mackerel in the Ber- rule—Fisheries of the Exclusive Economic ant to 5 U.S.C. 801(a)(1)(A); to the Committee ing Sea and Aleutian Islands [Docket No. Zone off Alaska; Revisions to Definition of on International Relations. 021212307–3037–02; I.D. 081403C] received Sep- 4248. A letter from the Assistant Secretary Length Overall of a Vessel; Correction tember 10, 2003, pursuant to 5 U.S.C. [Docket No. 030414085–3085–01; I.D. 012601B] for Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Resources. transmitting a copy of the Presidential De- (RIN: 0648–AR04) received September 9, 2003, 4267. A letter from the Acting Director, Of- termination No. 2003-30, Imposition and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fice of Sustainable Fisheries, NMFS, Na- Waiverof Sanctions Under Section 604 of the mittee on Resources. tional Oceanic and Atmospheric Administra- 4259. A letter from the Deputy Assitant Ad- Foreign Relations Authorization Act, Fiscal tion, transmitting the Administration’s final Year 2003; to the Committee on International ministrator for Operations, NMFS, National rule—Fisheries of the Exclusive Economic Relations. Oceanic and Atmospheric Administration, Zone off Alaska; Pelagic Shelf Rockfish in 4249. A letter from the White House Liai- transmitting the Administration’s final the Central Regulatory Area of the Gulf of son, Department of the Treasury, transmit- rule—Magnuson-Stevens Fishery Conserva- Alaska [Docket No. 021122286–3036–02; I.D. ting a report pursuant to the Federal Vacan- tion and Management Act Provisions; Fish- 073003A] received September 9, 2003, pursuant cies Reform Act of 1998; to the Committee on eries of the Northeastern United States; to 5 U.S.C. 801(a)(1)(A); to the Committee on Government Reform. Northeast Skate Complex (Skate) Fisheries; Resources. 4250. A letter from the Assistant Director, Skate Fishery Management Plan [Docket 4268. A letter from the Acting Director, Of- Executive and Political Personnel, Depart- No. 030519127–3190-02; I.D. 042403A] (RIN: 0648– fice of Sustainable Fisheries, NMFS, Na- ment of the Army, transmitting a report AO10) received September 9, 2003, pursuant tional Oceanic and Atmospheric Administra- pursuant to the Federal Vacancies Reform to 5 U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final Act of 1998; to the Committee on Govern- Resources. rule—Fisheries of the Economic Exclusive ment Reform. 4260. A letter from the Acting Director, Of- Zone Off Alaska; Groundfish Fisheries by 4251. A letter from the Director, Office of fice of Sustainable Fisheries, NMFS, Na- Vessels using Hook-and-Line Gear in the White House Liaison, Department of Com- tional Oceanic and Atmospheric Administra- Gulf of Alaska [Docket No. 021122286–3036–02; merce, transmitting a report pursuant to the tion, transmitting the Administration’s final I.D. 073003E] received September 9, 2003, pur- Federal Vacancies Reform Act of 1998; to the rule—Fisheries Off West Coast States and in suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Government Reform. the Western Pacific; West Coast Salmon mittee on Resources. 4252. A letter from the Assistant Director, Fisheries; Inseason Action #2—Adjustment 4269. A letter from the Acting Director, Of- Executive and Political Personnel, Depart- of the Recreational Fishery from the Queets fice of Sustainable Fisheries, NMFS, Na- ment of Defense, transmitting a report pur- River to Cape Falcon, Oregon [Docket No. tional Oceanic and Atmospheric Administra- suant to the Federal Vacancies Reform Act 020430101–2101-01; I.D. 080503B] received Sep- tion, transmitting the Administration’s final of 1998; to the Committee on Government Re- tember 9, 2003, pursuant to 5 U.S.C. rule—Fisheries of the Exclusive Economic form. 801(a)(1)(A); to the Committee on Resources. Zone Off Alaska; License Limitation Pro- 4253. A letter from the Regulations Coordi- 4261. A letter from the Acting Director, Of- gram [Docket No. 030417090–3183–02; I.D. nator, Department of Health and Human fice of Sustainable Fisheries, NMFS, Na- 032403C] (RIN: 0648–AQ73) received September Services, transmitting the Department’s tional Oceanic and Atmospheric Administra- 9, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to final rule—Uniform Administrative Require- tion, transmitting the Administration’s final the Committee on Resources. ments for Awards and Subawards to Institu- rule—Pacific Halibut Fisheries; Oregon 4270. A letter from the Rules Adminis- tions of Higher Education, Hospitals, Other Sport Fisheries [Docket No. 030124019–3040–02; trator, Federal Bureau of Prisons, Depart- Nonprofit Organizations, and Commercial I.D. 073003C] received September 9, 2003, pur- ment of Justice, transmitting the Depart- Organizations; and Certain Grants and suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment’s final rule— Over-The-Counter (OTC) Agreements with States, Local Governments mittee on Resources. Medications [BOP–1086–F] (RIN: 1120–AA81) and Indian Tribal Governments and Uniform 4262. A letter from the Acting Director, Of- received September 10, 2003, pursuant to 5 Administrative Requirements for Grants and fice of Sustainable Fisheries, NMFS, Na- U.S.C. 801(a)(1)(A); to the Committee on the Cooperative Agreements to State and Local tional Oceanic and Atmospheric Administra- Judiciary.

VerDate jul 14 2003 01:13 Sep 16, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\L15SE7.000 H15PT1 H8222 CONGRESSIONAL RECORD — HOUSE September 15, 2003 4271. A letter from the Chairman, Surface penalties to be imposed for a violation of fire making through such Program; to the Com- Transportation Board, Department of Trans- regulations applicable to the public lands, mittee on Science. portation, transmitting the Department’s National Park System lands, or National By Mr. BEREUTER (for himself, Mr. final rule—Regulations Governing Fees for Forest System lands when the violation re- HYDE, Mr. WEXLER, and Mr. WALSH): Services Performed in Connection with Li- sults in damage to public or private prop- H. Res. 367. A resolution urging that elec- censing and Related Services—2003 Update erty, to specify the purpose for which col- tions, pursuant to the terms of the Good Fri- [STB Ex Parte No. 542 (Sub-No. 10)] received lected fines may be used, and for other pur- day Agreement, be held in Northern Ireland September 9, 2003, pursuant to 5 U.S.C. poses; with amendments (Rept. 108–218 Pt. 3). in 2003 and reaffirming support for the con- 801(a)(1)(A); to the Committee on Transpor- Referred to the Committee of the Whole tinued implementation of the Good Friday tation and Infrastructure. House on the State of the Union. Agreement as the framework for the peaceful 4272. A letter from the Assistant Adminis- Mr. POMBO: Committee on Resources. settlement of the conflict in Northern Ire- trator for Procurement, National Aero- House Joint Resolution 63. Resolution to ap- land; to the Committee on International Re- nautics and Space Administration, transmit- prove the ‘‘Compact of Free Association, as lations. ting the Administration’s final rule—NASA amended between the Government of the Grant and Cooperative Agreement Hand- United States of America and the Govern- f book—Financial Reporting (RIN: 2700–AC77) ment of the Federated States of Micronesia,’’ received September 9, 2003, pursuant to 5 and the ‘‘Compact of Free Association, as U.S.C. 801(a)(1)(A); to the Committee on amended between the Government of the ADDITIONAL SPONSORS Science. United States of America and the Govern- Under clause 7 of rule XII, sponsors 4273. A letter from the Director, Industry ment of the Republic of the Marshall Is- were added to public bills and resolu- Programs, Office of Policy, Import Adminis- lands,’’ and otherwise to amend Public Law tions as follows: tration, Department of Commerce, transmit- 99–239, and to appropriate for the purposes of ting the Department’s final rule—Steel Im- amended Public Law 99–239 for fiscal years H.R. 25: Mr. KELLER and Mr. TAYLOR of port Licensing and Surge Monitoring [Dock- ending on or before September 30, 2023, and North Carolina. et #: 020711168–2325–02] (RIN: 0625–AA60) re- for other purposes; with an amendment H.R. 31: Mr. TAYLOR of Mississippi and Mr. ceived September 9, 2003, pursuant to 5 (Rept. 108–262, Pt. 2). Ordered to be printed. OSBORNE. U.S.C. 801(a)(1)(A); to the Committee on Mr. SENSENBRENNER: Committee on the H.R. 339: Mr. PLATTS. Ways and Means. Judiciary. House Joint Resolution 63. Reso- H.R. 465: Mr. KLINE. 4274. A letter from the Regulations Officer, lution to approve the ‘‘Compact of Free As- H.R. 476: Mr. DELAHUNT and Mr. MICHAUD. Social Security Administration, transmit- sociation, as amended between the Govern- H.R. 588: Mr. RYAN of Ohio and Mr. AN- ting the Administration’s final rule—Revised ment of the United States of America and DREWS. Medical Criteria for Evaluating the Government of the Federated States of H.R. 1052: Mr. GEORGE MILLER of Cali- Amyotrophic Lateral Sclerosis [Regulations Micronesia,’’ and the ‘‘Compact of Free Asso- fornia. No. 4 and 16] (RIN: 0960–AF95) received Sep- ciation, as amended between the Govern- H.R. 1105: Mr. FERGUSON. tember 10, 2003, pursuant to 5 U.S.C. ment of the United States of America and H.R. 1160: Mr. TOWNS and Mrs. JONES of 801(a)(1)(A); to the Committee on Ways and the Government of the Republic of the Mar- Ohio. Means. shall Islands,’’ and otherwise to amend Pub- H.R. 1241: Mr. STARK. 4275. A letter from the Assistant Secretary lic Law 99–239, and to appropriate for the H.R. 1633: Mr. HILL. for Legislative Affairs, Department of State, purposes of amended Public Law 99–239 for H.R. 1692: Ms. MILLENDER-MCDONALD. transmitting modification to the certifi- fiscal years ending on or before September H.R. 1738: Mr. WU, Mr. NADLER, Mr. FILNER, cation that shrimp harvested with tech- 30, 2023, and for other purposes; with an Mr. SANDERS, Mr. HONDA, Mr. BAIRD, Mr. nology that may adversely affect certain sea amendment (Rept. 108–262, Pt. 2). Referred to BLUMENAUER, Ms. BERKLEY, Mr. CAPUANO, turtles may not be imported into the United the Committee of the Whole House on the Mr. NEAL of Massachusetts, Ms. KAPTUR, Mr. States unless the President makes specific State of the Union LEWIS of Georgia, Mr. BECERRA, and Mr. certifications to the Congress by May 1, 1991, BROWN of Ohio. DISCHARGE OF COMMITTEE and annually thereafter, pursuant to Public H.R. 1746: Ms. DUNN. Law 101—162 section 609(b); jointly to the Pursuant to clause 2 of rule XII the H.R. 1800: Mr. SMITH of Washington. Committees on Resources and Appropria- Committee on Agriculture discharged H.R. 2011: Ms. DELAURO, Mr. ANDREWS, and tions. from further consideration. H.R. 1038 Mr. ROTHMAN. 4276. A communication from the President referred to the Committee of the Whole H.R. 2020: Mr. NEUGEBAUER. of the United States, transmitting a report House on the State of the Union. H.R. 2022: Mr. GEORGE MILLER of Cali- on the progress made in achieving the mili- fornia. f tarily significant benchmarks as pertains to H.R. 2208: Mr. REGULA. peace in Kosovo during the period January 1 PUBLIC BILLS AND RESOLUTIONS H.R. 2283: Mr. COX. to June 30, 2003, pursuant to Public Law 106— Under clause 2 of rule XII, public H.R. 2485: Ms. SCHAKOWSKY. 398; jointly to the Committees on Armed H.R. 2568: Mr. GEORGE MILLER of Cali- Services, International Relations, and Ap- bills and resolutions were introduced fornia. propriations. and severally referred, as follows: H.R. 2571: Mr. HOUSTON. 4277. A letter from the Secretaries, Depart- By Mr. EHLERS (for himself, Mr. H.R. 2681: Ms. DELAURO and Ms. JACKSON- ments of Health and Human Services, De- BOEHLERT, Mr. HOLT, Mr. HALL, Mr. LEE of Texas. fense and Veterans Affairs, transmitting a STARK, Mr. PETERSON of Pennsyl- H.R. 2720: Ms. KILPATRICK and Mr. QUINN. report entitled ‘‘Report to Congress on Ac- vania, Mr. MARKEY, Mr. RANGEL, Mr. H.R. 2808: Mr. LANTOS, Mr. ROGERS of Ken- counting for VA and DoD Expenditures for BROWN of Ohio, Mr. ROHRABACHER, tucky, Mr. ROTHMAN, and Mr. THOMPSON of Medicare Beneficiaries’’; jointly to the Com- Mr. FILNER, Mr. LEVIN, Mr. California. mittees on Armed Services, Veterans’ Af- MCDERMOTT, Mr. SCHIFF, Mr. GUT- H.R. 2809: Mr. KINGSTON. fairs, Ways and Means, and Energy and Com- KNECHT, Mr. OBERSTAR, Mr. HINCHEY, H.R. 2810: Mr. KINGSTON. merce. Mr. SMITH of Michigan, Ms. SLAUGH- H.R. 2890: Mr. ANDREWS. f TER, Mr. ENGEL, Mr. BERMAN, Mr. H.R. 2891: Ms. DELAURO. LANTOS, Mr. BOUCHER, Mr. DOGGETT, H.R. 2952: Mr. BISHOP of New York and Mr. REPORTS OF COMMITTEES ON Mr. JOHNSON of Illinois, Mr. SPRATT, BROWN of Ohio. PUBLIC BILLS AND RESOLUTIONS and Mr. BARTON of Texas): H.R. 3011: Mrs. CAPPS, Mr. SNYDER, Ms. Under clause 2 of rule XIII, reports of H. Con. Res. 279. Concurrent resolution rec- WATSON, Mr. CASE, and Mr. MCKEON. ognizing the significance of the anniversary H. Con. Res. 50: Mr. KINGSTON, Mr. JONES of committees were delivered to the Clerk of the American Association for the Ad- North Carolina, and Mr. HOSTETTLER. for printing and reference to the proper vancement of Science Congressional Science H. Con. Res. 183: Mr. KNOLLENBERG. calendar, as follows: and Engineering Fellowship Program, and H. Con. Res. 268: Mr. PALLONE and Mr. Mr. SENSENBRENNER: Committee on the reaffirming the commitment to support the FALEOMAVAEGA. Judiciary. H.R. 1038. A bill to increase the use of science in governmental decision- H. Con. Res. 313: Mr. DELAHUNT.

VerDate jul 14 2003 01:13 Sep 16, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\L15SE7.000 H15PT1 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, MONDAY, SEPTEMBER 15, 2003 No. 126 Senate The Senate met at 1 p.m. and was Mr. ROBERTS thereupon assumed MORNING BUSINESS called to order by the Honorable PAT the Chair as Acting President pro tem- The ACTING PRESIDENT pro tem- ROBERTS, a Senator from the State of pore. pore. Under the previous order, there Kansas. f will now be a period for the transaction of morning business until the hour of PRAYER RECOGNITION OF THE ACTING MAJORITY LEADER 2:30 p.m., with Senators permitted to The Chaplain, Dr. Barry C. Black, of- speak therein for up to 10 minutes The ACTING PRESIDENT pro tem- fered the following prayer: each. pore. The distinguished Senator from Let us pray. Mr. MCCONNELL. Mr. President, I Kentucky is recognized. O gracious God, thank You for the suggest the absence of a quorum. gift of this day, with its many opportu- f The ACTING PRESIDENT pro tem- nities and challenges. Thank You also SCHEDULE pore. The clerk will call the roll. for leading our lives. Lord, strengthen Mr. MCCONNELL. Mr. President, for The legislative clerk proceeded to us to maximize today’s possibilities. the information of all Senators, today, call the roll. Save us from living too many days at following the period of morning busi- Mr. BINGAMAN. Mr. President, I ask one time. Keep us from crossing ness, the Senate will resume debate on unanimous consent that the order for bridges before we reach them. Guide the energy and water appropriations the quorum call be rescinded. our Senators today. Hold their hands bill. The two managers will be here be- The ACTING PRESIDENT pro tem- so that they can walk in confidence. ginning at 2:30 this afternoon, and Sen- pore. Without objection, it is so or- Stay by our sides, and we shall fulfill ator FEINSTEIN will offer the first dered. Your purposes for our lives. We pray amendment. It is hoped that if other Mr. BINGAMAN. Mr. President, I ask this in Your strong Name. Amen. Members have amendments to the leg- unanimous consent that I be allowed to speak for up to 15 minutes in morning f islation, they will be available to offer their amendments as well. business. PLEDGE OF ALLEGIANCE As the majority leader stated last The ACTING PRESIDENT pro tempore. Without objection, it is so or- The Honorable PAT ROBERTS led the week, there will be no rollcall votes dered. Pledge of Allegiance, as follows: during today’s session. Any votes or- f I pledge allegiance to the Flag of the dered will be held over until Tuesday’s United States of America, and to the Repub- session of the Senate. Also, under a RECENT EVENTS ON THE lic for which it stands, one nation under God, previous order, the first rollcall vote NATIONAL MALL indivisible, with liberty and justice for all. tomorrow will occur at around 10:30 a.m. That vote will be on the passage Mr. BINGAMAN. Mr. President, I f of S.J. Res. 17, which is the FCC rule take a few minutes today to speak APPOINTMENT OF ACTING disapproval resolution. about recent events on The National PRESIDENT PRO TEMPORE Also, I remind our colleagues that Mall. The Mall, as Judge Buckley of today the Senate will also debate a mo- the U.S. Court of Appeals for the Dis- The PRESIDING OFFICER. The tion relative to going to conference trict of Columbia, has written, ‘‘is an clerk will please read a communication with the House on the partial-birth area of particular significance in the to the Senate from the President pro abortion ban bill. That agreement calls life of the Capital and the Nation.’’ It tempore (Mr. STEVENS). for up to 8 hours of debate, and it is the is a 2-mile green area that stretches The legislative clerk read the fol- understanding that 2 of those hours from the Capitol in the east to the Lin- lowing letter: will be consumed today. Therefore, fol- coln Memorial in the west. It is, as an- U.S. SENATE lowing the conclusion of any business other judge noted, ‘‘the site of monu- PRESIDENT PRO TEMPORE, on the energy and water bill today, the ments marking great figures and Washington, DC, September 15, 2003. Senate will consider that motion for up events in our Nation’s history.’’ But it To the Senate: to 2 hours. is more than home to these enduring Under the provisions of rule I, paragraph 3, f symbols of our nationhood. This judge of the Standing Rules of the Senate, I hereby went on to say: ‘‘Its grassy expanse appoint the Honorable PAT ROBERTS, a Sen- RESERVATION OF LEADER TIME ator from the State of Kansas, to perform provides areas for any number of rec- the duties of the Chair. The ACTING PRESIDENT pro tem- reational activities. . . .’’ TED STEVENS, pore. Under the previous order, the The National Mall has also been President pro tempore. leadership time is reserved. used, of course, for large-scale events.

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

S11429

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11430 CONGRESSIONAL RECORD — SENATE September 15, 2003 It is used for the Fourth of July festivi- The Mall are also closed periodically football promoting the National Foot- ties each year and for the Cherry Blos- following events, such as the Fourth of ball League. It is almost impossible, I som Festival. Every 4 years, it is used July activities or after large public suggest, to the untrained eye to find for our inaugural celebrations. It has gatherings, to allow for cleanup and references to the supposed reasons for been the site of national observances restoration of the grassy areas. the event. The ‘‘Take Pride in Amer- and protests—some of the most famous In this case—the case of this NFL ex- ica’’ slogan does appear at the bottom in our Nation’s history. ‘‘It is here,’’ as travaganza—a large segment of The of the advertising banners, and in the Judge Buckley went on to say, ‘‘that Mall was essentially closed to the pub- other photo it appears at the top of the the constitutional right of speech and lic to allow for what, in my opinion, fence, but I am certain that nobody peaceful assembly find their fullest ex- can only be characterized as commer- from any distance—I can barely read it pression.’’ cial use and as advertising by private from here—I am sure nobody can read Mr. President, Congress has en- corporations. it from any reasonable distance. trusted the Department of the Interior, Let me start with this photograph This photograph makes the point and particularly the National Park and show that corporate sponsors of that the overwhelming image is turn- Service within the Department of the the concert that occurred on Sep- ing over The Mall for commercial ad- Interior, with preserving and regu- tember 4 were allowed to put up a large vertising. The event was used as the lating the use of this important part of fence covered with advertising. This basis for a commercial television pro- our national heritage. It has, according advertising talks about the kickoff of duction. Commercials were broadcast to the statute, charged the National 2003 NFL, live from Washington, DC; to the crowd over large televisions that Park Service with regulating the use of AOL for broadband; Pepsi Vanilla; were located on The Mall itself. The Mall so as to ‘‘conform’’ such use Coors Light, and Verizon. This is ad- The Secretary of the Interior may ‘‘to the fundamental purpose’’ of ‘‘con- vertising, in my view. This is clearly view this as business as usual, but, in serving the scenery and natural and commercial activity. my view, allowing this type of commer- historic objects . . . and providing for Apart from keeping the public off cial activity with blatant product ad- the enjoyment of the same in such The Mall, the clear message to the pub- vertising is contrary to what the policy manner . . . as will leave them lic was that The Mall had been turned is for our national parks, including The unimpaired for their enjoyment by fu- over to these companies for commer- Mall. It is also contrary to what re- ture generations.’’ cial purposes. sponsible public policy should be in The Mall, as I have said, serves many The National Park Service has pub- this area. purposes. None of those purposes that lished guidelines to help organizations During her confirmation hearing, I have been identified by the Congress or that want to hold events on The Mall expressed concern to Secretary Norton in regulation are commercial purposes. to know what is required. The guide- that as Secretary of the Interior she Accordingly, the National Park Service lines state: would hold one of the highest positions regulations provide that demonstra- The theme of a special event must be con- of public trust in our Nation’s Govern- tions and special events on The Mall sistent with the mission of the park— ment. The Secretary of the Interior is may be held only pursuant to permit In this case, we are talking about the principal guardian of our national issued by the Park Service. The rules The Mall. These guidelines apply to all parks and our most revered historic prohibit the commercial use of The of our national parks in the capital re- sites. Certainly, The National Mall is Mall and specifically provide that ‘‘no gion. among the most important symbolic sales shall be made . . . and no article They go on to say: spaces in our country. may be exposed for sale without a per- and appropriate to the park area in which it I was concerned that based on her mit. . . .’’ is to be held, including consideration for pos- previous public statements and Despite the clear prohibitions in its sible damage and/or impairment to park writings, she had a long record of hav- own regulations, the Park Service has property, facilities, plantings and landscape ing championed the interests of cor- now sanctioned a new use for this area. features . . . and park values. porations in opposition to the Federal That use, unfortunately, can only be Our Secretary of the Interior, Gale Government. At her confirmation hear- called commercial exploitation. Norton, whose agency approved the ing, Secretary Norton assured me she Earlier this month, to promote the permit for this event, maintains today would enforce the laws as written, and start of the new football season, the that this was an appropriate use of The it is my understanding that in this National Football League held what Mall because it was undertaken in case the laws and regulations of the the Department of the Interior de- partnership with the Department’s Park Service made very clear The Na- scribed as a music and football festival ‘‘Take Pride in America’’ slogan pro- tional Mall is not to be used as a venue entitled the ‘‘NFL Kickoff Live From moting voluntarism on public lands for commercial purposes. It is not to be The National Mall Presented by Pepsi and because it was an event honoring used as a venue for advertising. I do Vanilla.’’ That was the official title of members of our Armed Forces. not see how anyone can look at these the event. To allow for the setup and Clearly, nobody objects to an event photos and believe the Secretary car- removal of infrastructure associated celebrating public volunteers or hon- ried out her responsibilities in this in- with this concert, the Park Service oring military personnel. stance. gave the NFL a permit to use The Mall However, Secretary Norton’s stated Earlier this year, the Senate passed for 17 days—the period between August rationale for approving the event is legislation to authorize construction of 25 and September 10. The main event simply not consistent with what actu- an education center near the Vietnam occurred on September 4. For many of ally took place on The Mall. It is not Veterans Memorial, very much along those days, much of The Mall was consistent, when you look at the ban- the lines of a similar bill we passed in fenced off and the public was prevented ner surrounding The Mall, to say this the Senate during the last Congress. I from using it, although it obviously is has anything to do with voluntarism or was involved in negotiating the lan- one of the most popular spaces in our recognizing the military. guage for that bill and tried to ensure Nation’s Capital. This is a photograph of the event. that the National Park Service re- I have spent a great deal of time on Let me show another photograph which tained its ability to approve the site The Mall, as I am sure my colleagues I think makes the case rather convinc- and the design of the center, and at the have, and I can tell you that currently, ingly. This is a photograph of the event request of the Park Service we in- even without this kind of extrava- which was published in the Washington cluded language stating the center ganza, it is difficult to walk the length Post. This, evidently, is Secretary Nor- should be built ‘‘consistent with the of The Mall from the Capitol to the ton’s vision of an appropriate use of special nature and sanctity of The Lincoln Memorial. Large areas are The Mall. Mall.’’ closed because of construction of the It is impossible to miss the advertise- If these photographs reflect Sec- World War II Memorial and also con- ments for Pepsi Vanilla or for Verizon, retary Norton’s definition of ‘‘the spe- struction of new security features at for Coors, and for its other sponsors, cial nature and sanctity of The Mall,’’ the Washington Monument. Portions of and you certainly cannot miss the huge I have great concern about what, in

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11431 fact, we are going to wind up pro- The Secretary of the Interior and the the country that allowing the type of tecting with regard to the Vietnam National Park Service leadership activity that occurred at these com- Veterans Memorial. What can we rea- maintain that commercial activity is mercial events is a new low point in sonably tell those who intend to oper- not allowed on The Mall; what took the storied history of The Mall. Per- ate the educational center for the Viet- place here was not commercial. Since haps this will only be remembered as nam Veterans Memorial is not per- there apparently is a disconnect be- an unfortunate incident, but we need mitted if, in fact, all of this is per- tween what they say and the reality of to make sure that this is not the model mitted? what, in fact, took place, I think the for future events on The Mall. We need The National Park Service regula- only solution is to change the law to to act to prohibit increased commer- tions generally prohibit commercial make it clear, even to the Secretary, cialization in our national parks, and a advertising on public lands. In addi- that this type of use is not appropriate good place to start is acting to protect tion, the specific permit that was on The Mall. The Mall. issued related to this event stated no When the Interior appropriations bill When we do get to the actual voting commercial activity was to be con- comes to the floor, I intend to offer an on the issue, I hope my colleagues will ducted. Nevertheless, the Department amendment to make it clear that fu- support the effort to protect The Mall of the Interior decided the activity we ture permits to hold special events on from further commercial exploitation. see in this photograph was not com- The Mall may not include commercial EXHIBIT 1 mercial activity; that these banners advertising, whether they couch that [From the Hill, September 10, 2003] were not advertisements. In the view of as ‘‘sponsor recognition’’ or not. I want DESECRATION OF THE MALL the Park Service, these were ‘‘sponsor to emphasize The Mall clearly should (By Albert Eisele) recognition.’’ That is a distinction I continue to be available for large-scale was unaware of, between advertising An older colleague who wrote a daily col- events. umn in the St. Paul Pioneer Press when I and sponsor recognition. But clearly, If the Secretary had approved a large worked there many years ago once told me the National Park Service believes concert to celebrate our troops or to his best columns were those generated by a that distinction needs to be main- promote her volunteer program, then sense of outrage. tained. there would not have been a public out- If so, this should be one of my best col- Even though the National Football cry such as we have seen as a result of umns, as few things have offended me more League was the organization that spon- this situation. It was her decision to than the disgraceful display of mindless pa- sored the concert, it was permitted to allow the concert to be used for com- triotism, insatiable commercialism and solicit other companies to underwrite mercial purposes, to allow the commer- sheer bad taste perpetrated last week by the the event’s expenses, and those other National Football League with its $10 mil- cial advertising that occurred here lion rock concert extravaganza on the Mall. companies in turn were permitted to that, in my view, crossed the line. I wasn’t there and didn’t watch it on ABC– advertise on The Mall or, as the Inte- If the Department of the Interior and TV—thank God—but one photograph in Fri- rior Department put it, to obtain National Park Service officials had day’s Washington Post convinced me that ‘‘sponsor recognition.’’ made any effort to advocate the protec- aside from the Sept. 11 attack on the Pen- It is not clear where the authority tion of the resource with which they tagon and subsequent anthrax attacks, last comes from for this decision by the Na- are charged to manage, then this would fall’s sniper shootings or the 1981 assassina- tional Park Service to allow such not have been a problem. Since they tion attempt on President Reagan, this was ‘‘sponsor recognition.’’ The agency’s have refused to do so, it seems to me the worst thing that’s happened here during my nearly 40 years in the nation’s capital. regulations clearly prohibit the display we must change the statute. The spectacle of pop singer Britney Spears of commercial notices or advertise- Last week, Albert Eisele of the Hill being stripped to her black bikini bottoms to ments on National Park Service lands newspaper wrote an excellent article just above pubic level by a pair of male danc- except where the park superintendent entitled ‘‘Desecration of The Mall.’’ I ers wearing Washington Redskins jerseys, determines the notices relate to prod- ask unanimous consent that a copy of with the Capitol shining in the background, ucts at that park area and the super- that article be printed in the RECORD was so jarring that it made me want to intendent determines the notices are following my remarks. cringe. ‘‘desirable and necessary for the con- The ACTING PRESIDENT pro tem- Spear’s display of erotic gyrations and lip- venience and guidance of the public.’’ I synched lyrics may have a place in our ap- pore. Without objection, it is so or- palling, vulgarized popular culture but defi- do not see how these banners, these dered. nitely not in the middle of the nation’s most fence advertisements fit in to that re- (See exhibit No. 1.) hallowed public space. quirement. Mr. BINGAMAN. I ask unanimous It was bad enough that this dreadful pro- It would have been one thing if this consent that the Washington Post edi- motion designed to kick off the 2003 pro foot- event had occurred and following it the torial entitled ‘‘Marketing the Mall,’’ ball season—and sell Pepsi Vanilla, AOL and Interior Department and the National and an article by Tom Shales in the Reeboks—took place just a week after the Park Service had admitted a mistake Washington Post entitled ‘‘America, 40th anniversary of Martin Luther King’s im- had been made and they would take ap- Brought To You by . . . ’’ be printed in mortal ‘‘I Have a Dream’’ speech on the steps propriate steps to prevent this from oc- of the Lincoln Memorial. Or that it took the RECORD following my remarks. place just before the second anniversary of curring in the future. But the leader- The ACTING PRESIDENT pro tem- the awful day when Islamic terrorists ship of the Interior Department and pore. Without objection, it is so or- crashed a jetliner into the Pentagon and the Park Service, from Secretary Nor- dered. were barely prevented from flying over the ton on down, makes no such admission. (See exhibits 2 and 3.) Mall to crash another into the White House They continue to insist this was en- Mr. BINGAMAN. Mr. President, The or the Capitol. tirely appropriate. National Mall is more than just an ex- But it was even worse that President Bush Secretary Norton may not care panse of grass or an undeveloped field. and Interior Secretary Gale Norton were per- whether this type of event takes place It is a national treasure. By the Na- suaded to serve as cheerleaders for a so- again on The Mall, but I do, and I tional Park Service’s own account, it is called game that celebrates violence—as if we don’t have enough already—and that has think many of my colleagues will when the single most significant public park owners who personify rapacious greed. This they become better informed about and open space in our Nation’s Capital. was nothing more than the desecration of a this situation. It is visited by millions of citizens and sacred space and an insult to the men and To better understand the Secretary’s visitors from abroad each year. women of the U.S. military whom the reasoning that this was not, in fact, It provides a formal work of land- event’s promoters professed to honor. commercial activity, that there was no scape architecture of monumental pro- The president perhaps can be excused from commercial advertising taking place, I portions and provides the unifying ele- accepting bad advice but not those who per- am sending a letter to the Secretary ment for the carefully placed, diverse suaded him to lend the dignity of his office requesting copies of the correspond- architectural symbols, repositories and to an event that left the rain-soaked Mall trampled and garbage-strewn, both phys- ence and the e-mails and the planning shrines of the heritage of our democ- ically and symbolically. memos and other documents the Sec- racy on and along its length. Somebody, ideally the congressman whose retary relied on in concluding this was There has been broad public agree- committees oversee the Department of Inte- not commercial activity. ment both in Washington and around rior and the National Park Service, should

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11432 CONGRESSIONAL RECORD — SENATE September 15, 2003 demand an explanation of who was respon- And do onto the Mall—a space that, as the parently prefers a strange squatting position sible for allowing this travesty to happen. National Park Service observes, is as old as when she wails and screams. If they don’t, what can we expect to see the capital city itself, one commissioned by The only really respectable musical per- next? An ad for Viagra on the Washington George Washington and planned by Pierre formance, also clearly recorded in advance, Monument? A pitch for McDonald’s at the L’Enfant to be an ‘‘ideal stage for national was the majestic Aretha Franklin’s over- Lincoln Memorial or Toyota at the Jefferson expressions of remembrance, observance and blown yet effective rendition of the national Memorial? Or maybe even a banner on the protest—comes now Pepsi Vanilla, the Na- anthem. Of course on the line ‘‘rockets’ red Capitol Dome offering low-interest loans tional Football league, and Coors beer. Is glare,’’ red fireworks were set off at the back from Citibank to ease the federal deficit? this the beginning, or will it be, mercifully, of the stage. The show, directed and co-pro- I have nothing against pro football, and the beginning of the end for a trend out of duced by Joel Gallen, was a never-let-well- I’m glad the Redskins won their opener, even control? enough-alone production. as I despair of Major League Baseball ever A closed credit, ‘‘Paid for by the NFL,’’ returning to Washington. Nor do I disagree EXHIBIT 3 suggested the football league bought the that many in the crowd that the NFL gener- [From the Washington Post, September 5, time outright from ABC and then sold the ously estimated at 125,000 thought it was 2003] commercial minutes. Many of the ads were, wonderful that Britney and her fellow enter- AMERICA, BROUGHT TO YOU BY ... of course, for new Pepsi Vanilla and Diet tainers were invited to do their thing on the Pepsi Vanilla, the Not-So-Vanilla Vanilla (By Tom Shales) Mall. (when will they come out with not-so-choco- Nevertheless, I’m outraged and saddened. American bad taste is the most powerful late chocolate?), but there was also a super- This was a low point for a special space that bad taste in the world. That seems to be kinetic blitz of a commercial for Reebok stands for so much in America. what was really being celebrated on the Mall Vector shoes, scored to the opening chorus last night at an excruciating 55-minute rock from Carl Orff’s ‘‘Carmina Burana,’’ one of EXHIBIT 2 concert ostensibly convened to herald the the most frequently appropriated pieces of [From the Washington Post, September 3, new pro football season and televised live on 20th-century classical music. 2003] the struggling ABC network. When Italian filmmaker Pier Paolo The event was deemed so auspicious that MARKETING THE MALL Pasolini included a bit of ‘‘Carmina Burana’’ George W. Bush took yet more time off from in his borderline-obscene film ‘‘Salo,’’ he ex- Three days of football activities culmi- fighting the war on terrorism to appear, via nating in a concert bash with celebrities plained he did so because he considered it videotape, at the end of the concert and just ‘‘fascist music.’’ We just note that in pass- ranks right up there with the Friskies Alpo before the game, in the manner of a TV Canine Frisbee Disc World Finals as the kind ing. huckster. He tried to make some connection Each musical act was introduced by a of event with a commercial flavor that has between football and ‘‘the spirit that guides former NFL star—Joe Theismann and Joe been allowed to set up shop on the Mall in the brave men and women’’ of the military, Namath opened the show together—teamed recent years. The National Park Service, much as the concert had done. with a member of the armed forces. Theis- which oversees the Mall, has in the past per- He also said pro football ‘‘celebrates the mann said of the concert, ‘‘It’s a national mitted other activities to take up space with values that make our country so strong.’’ moment of remembrance,’’ which really exhibits, programs and corporate sponsors Like what, violence and greed? seems preposterous in light of what followed. (including The Washington Post, which has Then, in intense close-up, the leader of the A woman representing the Coast Guard said, been a sponsor of the Smithsonian Folklife Free World asked the trademarked rhetor- ‘‘I’m proud to be an American’’ before intro- Festival). But the ‘‘NFL Kickoff Live 2003, ical question, ‘‘Are you ready for some foot- ducing Aerosmith. Presented by Pepsi Vanilla,’’ the pro- ball?’’ During a brief cutaway to FedEx Field in motional activity underway on the land be- Some bureaucrat whose thinking cap had Landover, game announcer John Madden and tween the Capitol grounds and the Wash- blown off authorized lending the once-sol- Al Michaels argued briefly over which player ington Monument, is, for sheer space and emn, or at least dignified, Mall to this very seemed more ‘‘juiced’’ for the Redskins-Jets length of occupancy, in a class by itself when raucous and very commercial event. The game that was soon—they promised—to fol- it comes to hawking a commercial sporting show was a collaboration between the NFL, low. Then back to the Mall for more ear- event. Is it the last of its kind? Or is this apparently trying to lure younger viewers to drum-shattering rock. commercialization of the Mall, marketing football, and, as the announcer said, ‘‘New While the sun still shone, the beautiful the National Football League and Pepsi’s Pepsi Vanilla and Diet Pepsi Vanilla, the U.S. Capitol provided an unlikely and, it new soft drink, the start of a new and a fun- Not-So Vanilla Vanilla.’’ seemed, reluctant backdrop for the acts. damental debasement of a national shrine? The not-so-musical music included a per- When night came, and the dome was lit up, Nearly $10 million bought the NFL and its formance by bouncy sex bunny Britney it appeared to recede a bit into the distance, sponsors the right to take over the large ex- Spears, whose vocalizing was clearly as if in shame. panse of federal land for 11 days (including prerecorded and badly lip-synced—but then Perhaps the Mall will be available now to setup time), reports Post staff writer David who knew what the heck she was singing every American for weddings, birthday par- Montgomery. Pepsi is in the deal for $2.5 mil- about anyway? Spears depended heavily on ties and bar mitzvahs. No, probably not. lion, other co-sponsors include a beer com- elaborate pyrotechnics and on manic aer- You’ll have to be a giant corporation to take pany and the New York Stock Exchange. obic-erotic choreography during her two over this precious public space and, in effect, Pepsi is likely to get its money’s worth: At numbers; dancers hurled themselves, spill a ton of garbage all over it. every angle of the nationally televised con- cartwheeled, tumbled and even crawled cert to be aired before tomorrow night’s across the stage. Mr. BINGAMAN. I yield the floor, Washington Redskins-New York Jets game, At one point, she gamboled about amid, and I suggest the absence of a quorum. cameras will be able to capture Pepsi Vanilla literally, great balls of fire—apparently for- The ACTING PRESIDENT pro tem- signs. Ten million dollars not only gets the getting that Michael Jackson’s hair was pore. Will the Senator withhold his NFL and other businesses a huge claim on once set ablaze while he was filming a Pepsi suggestion of the absence of a quorum? public space: For the first time in Mall his- commercial. Mr. BINGAMAN. I am glad to with- tory, network television will have the right There was also, as part of the alleged danc- to beam a professional sporting event, coming, what’s commonly referred to as ‘‘some hold that request. plete with commercial advertisements, on girl-on-girl action’’ (Spears and Madonna The ACTING PRESIDENT pro tem- America’s core promenade. kissed on the lips on a recent MTV special), pore. The distinguished Senator from What next? as well as writhing onstage costume changes. Tennessee is recognized. We ask this question knowing full well When they weren’t being groped or fondled Mr. ALEXANDER. Mr. President, are that the participatory events, sports clinics by her, dancers helped Spears strip her pants we in morning business? and autograph sessions with famous former off, revealing a bikini-like black bottom for The ACTING PRESIDENT pro tem- NFL stars are great fun and the kind of the second number. They even helped pore. The Senator is correct. buildup certainly fitting for the launch of straighten out the little pixie’s shorty shorts the 2003 season. As a marketing tool, a four- so that they didn’t reveal too much. Or Mr. ALEXANDER. I ask unanimous day spectacle, including a concert paying maybe so that they did. consent that I be allowed to speak for tribute to the U.S. military, is probably good Spears just kept singing, singing, singing. up to 10 minutes. for professional football and the promoters Or rather syncing, syncing, syncing. But the The ACTING PRESIDENT pro tem- of Pepsi. It certainly will be a nice celebra- feeling some of us at home were having pore. Without objection, it is so or- tion for the NFL’s 2,000 VIP guests invited to would be better described as sinking, sink- dered, and the Senator from Tennessee the Thursday night concert. The Park Serv- ing, sinking. is recognized. ice has given the NFL permission to serve Also appearing was a Waldorf-born rock wine and Coors beer to its special Mall band called Good Charlotte, rock veterans Mr. ALEXANDER. I thank the Chair. guests—Coors being an event sponsor. Reg- Aerosmith—who did so many numbers they (The remarks of Mr. ALEXANDER per- ular concertgoers will be screened and no al- turned it into an Aerosmith concert—and taining to the submission of S. Con. cohol will be allowed. popular supershrieker Mary J. Blige, who ap- Res. 68 are located in today’s RECORD

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11433 under ‘‘Submission of Concurrent and ter. I think that was probably the top about 100 miles a week, and has pedaled Senate Resolutions.’’) act in show business, at least on the her bicycle through 21 countries. Mr. ALEXANDER. I suggest the ab- western and country side. I am showing a picture of Joan Slote sence of a quorum. The thing I wanted to mention is we on the Senate floor because she is in The ACTING PRESIDENT pro tem- had the Bicentennial ceremonies here trouble with the Federal Government. pore. The clerk will call the roll. on The Mall in 1976. The Senator from Joan Slote never sought to deceive the The legislative clerk proceeded to New Mexico indicated The Mall is sa- U.S. Federal Government. She recall the roll. cred ground—until we had our Bicen- sponded to a Toronto-based adventure Mr. ROBERTS. Mr. President, I ask tennial ceremonies. We went through catalog for a bicycle trip to Cuba. It in- unanimous consent that the order for quite a bit of activity in getting the trigued her. It said, incorrectly, in the the quorum call be rescinded. Capitol spruced up. A lot of artwork advertisement that U.S. law does not The PRESIDING OFFICER (Mr. was redone at that particular time. bar citizens from visiting Cuba as long ALEXANDER). Without objection, it is so Guess who the master of ceremonies as they fly there through Canada. So ordered. was on The Mall celebrating our Na- Joan Slote, this grandmother cyclist, Mr. ROBERTS. I ask to speak for 5 tion’s 200th anniversary. Johnny Cash. joined a cycling trip through Cuba. minutes under the morning business Guess who performed at a Joint Ses- When she returned to the United provision under which we are now oper- sion of Congress with his rendition of States through Canada, they asked her ating. Our Flag. I think I have that right. I where she had been. She said she had The PRESIDING OFFICER. The Sen- may have it wrong. But there is a beau- been in Canada and prior to that had ator is recognized. tiful rendition—a historic rendition—of been in Cuba. So she was not attempt- Mr. ROBERTS. Mr. President, I the Flag. He sang, I believe, a medley ing to deceive anyone. thank the distinguished Senator from of patriotic songs before the Senate Guess what happened to this grand- Tennessee for his very eloquent speech and the House. mother? She went from her home on in regard to the life and contributions I thought to myself: Here is someone the west coast to Europe on a bicycling of Johnny Cash. I suppose some might who came from the Depression, who trip. While she was gone, she learned wonder why people in the Senate would had a rough time in show business, and her son had a brain tumor. She rushed stand up and choose basically to praise then was a great entertainer. And who back, packed some clothes in her place an individual who some might think else would be more appropriate to head in Oregon, and rushed to her son’s side. was a simple country western star. up the Bicentennial ceremonies than He died of this brain tumor. She finally Simple is right. But, perhaps, they Johnny Cash? got back home and she saw letters would ignore the fact that this was a The third time I had an opportunity from OFAC, the Office of Foreign As- unique star in the horizon of stars that to meet him was at the Kennedy Cen- sets Control, at the U.S. Department of means a lot to Americans. ter Honors where he was being honored Treasury. OFAC was upset because The Senator from Tennessee called along with great performers of our day. Joan Slote had been to Cuba. They told him ‘‘the poet for the working poor.’’ I His health was none too good. But I this 74-year-old grandmother the Feds might call him the minstrel for the stood in line with everybody else shak- were hot on her trail and that the Feds working poor. ing his hand. I said to him, ‘‘I wanted wanted a $7,600 fine from her. The Feds I came across Johnny Cash when I to see the man in black. I saw you in wanted $7,600 dollars from this grand- was in Phoenix, AR trying to be the Phoenix way back in 1962. I was very mother because she violated American William Allen White of Arizona with a proud of you in 1976 when you headed laws by travelling to Cuba. career in journalism. Up to that point, up the Bicentennial, and it is a real We have people down here at the De- I had not been a country-and-western pleasure and a privilege to make your partment of Treasury looking after aficionado, if you will, or even a fan. acquaintance as of today.’’ Joan Slote and people like her. Then, in a place called South Phoenix, He was a very down-home man, very They fined her $7,600 because she vis- which is certainly history now, the per- humble, and said it was a privilege. He ited Cuba and spent $38 there. Since formers would perform in California, asked my name. We had a very nice that time, OFAC added penalties and stop in Phoenix and go on their way to conversation. I can’t think of any interest until the total was almost Texas. I am trying to think of the var- other entertainer who represents $10,000. Then a few months ago in July, ious performers who came in there, American talent better than Johnny Joan Slote received a collection letter along with Johnny Cash. He was part of Cash. saying she would pay up in 10 days or that show. I think it was before I have, by the way, I tell the Pre- they would start attaching her Social Waylon Jennings and Willie Nelson. I siding Officer, about eight albums—not Security payments. They say, we are really can’t think of other performers. CDs, albums. If we could just find a slapping you with a big fine; you are It doesn’t make much difference. But turntable, we could go back to Johnny obviously a problem for this country. people wanted to come and see Johnny Cash and the Tennessee Trio, and later Let me remind listeners, this is the Cash. Other performers finished—and we could ‘‘Walk The Line’’ together. Office of Foreign Assets Control. This the South Phoenix ballroom was not I yield the floor. I suggest the ab- is the office that is supposed to be exactly the Metropolitan Opera in sence of a quorum. tracking terrorism in the Department terms of demeanor and what went on The PRESIDING OFFICER. The of Treasury. This is the office that there. People used to see the shows and clerk will call the roll. ought to be busy full time tracking the then stay and watch the fights. The assistant legislative clerk pro- movement of terrorist funds across this But anyway, the lights went off and ceeded to call the roll. world. As a matter of fact that is what then the spotlight went on. And here Mr. DORGAN. Mr. President, I ask most of the employees in the Office of was this tall man in black, who said, unanimous consent that the order for Foreign Assets Control do. But not all ‘‘Hello. I am Johnny Cash.’’ And the the quorum call be rescinded. of them. place erupted. He went through the The PRESIDING OFFICER. Without Some of them are taken off those du- repertoire of his famous hits at that objection, it is so ordered. ties to make sure Joan Slote does not particular time. He was magnetic in f undermine this country’s interests by his appeal. He had a special appeal for visiting Cuba. They are chasing a re- the people who could really identify GOVERNMENT AGENCY RUN AMOK tired schoolteacher riding a bicycle in with what he was singing in terms of Mr. DORGAN. Mr. President, I Cuba trying to slap her with a fine. their daily life, their pocketbooks, and brought with me to the floor a picture They cannot find Osama bin Laden but the challenges they went through. of a woman named Joan Slote. Joan, as they can sure find this retired grand- The second time I had an opportunity you can see, is a bicyclist, standing mother. They are determined to levy a to hear him was when he came to there with a bicycle helmet and a bicy- fine on this grandmother. Washington at the Merriweather Post cling outfit. She is a senior olympian. I learned about that. They wanted to Pavilion. The place was packed. At She is a 74-year-old grandmother of six take it out of her Social Security pay- that time, he was married to June Car- and a champion cyclist. She rides ments if she did not pay the fine. Her

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11434 CONGRESSIONAL RECORD — SENATE September 15, 2003 monthly income, by the way, is $1,200, resources to track terrorism? Don’t there, because somehow that would be so she is no match for the Feds. you think that is where the priorities giving aid and comfort to the Castro The Feds are a big, strong, bulky ought to be? government. group of people going after this lady. Well, he did not answer. I asked Well, the best way to give aid and Earning $1,200 a month income, she is again. He didn’t answer. I asked again comfort to the Castro government is to no match for the Feds. She called and finally he said: Of course. Of course continue this embargo. The best way to OFAC and told them she had not been I prefer that be the case. But he got in undermine the Castro government is home to get her mail and she had not mighty big trouble, according to the through trade and travel. It is what we responded to their notice because her press, with the White House because do in China. It is what we do in Viet- son had brain cancer and died. She there is a political correctness about nam. It is what we ought to do with re- asked if they would give her a hearing. this issue of travel to Cuba and they spect to Cuba. But the reason I came to Absolutely not, they said. Wouldn’t want the Office of Foreign Assets Con- the floor today is to say this poor give her a hearing and would not re- trol to clamp down on the folks. Go get woman ought not to be chased by the duce her fine by one cent. them. Federal Government. She has done I met Joan at a conference and I got Let me tell you who they are getting: nothing wrong. She made a mistake by involved in her case. I called OFAC and Joan Slote. She should not have had to responding to an advertisement in a said: You ought to be embarrassed. pay a penny. Not a penny. magazine that said what she was going I know there is law against U.S. citi- How about Cevin Allen, Washington to do on this bicycle trip was not ille- zens traveling in Cuba. It is a foolish State. He traveled to Cuba to bury the gal. She did it in good faith and now law that ought to be repealed. The ashes of his late father, a Pentecostal comes home to have the Federal Gov- House of Representatives has now, inci- minister of prerevolutionary Cuba who ernment chase her. dentally, voted to prohibit the enforce- wanted his ashes buried on the grounds What is galling to me is the agency ment of that law. But the fact is this of the former church he had in Cuba. in the Federal Government—the Treas- country long ago decided to try to pun- OFAC tried to slap his son with a ury Department and this little organi- ish Fidel Castro by limiting the ability $20,000 fine for taking his father’s ashes zation called OFAC, which we require of the American people to travel. The to bury them on the church grounds in to track terrorists—is using their re- nuttiest idea I ever heard of. So we end Cuba. sources to chase Joan Slote. Shame on up saying to Joan Slote that you have He told the hearing that I chaired on them. to pay a fine. this subject that the trip to Cuba let We are going to try to change the law Well, I got involved and said to the him deal with the pain of losing his in the Senate. I am going to offer an OFAC folks: You ought to be ashamed parents. But he said the good feelings amendment to the Treasury appropria- of yourself and you ought to be embar- from giving them the burial he knew tions bill that is identical, word for rassed. They agreed to reduce her fine they wanted and reuniting with friends word, with every punctuation mark, to $1,900. I don’t think she should have from his childhood when his parents that was in the House bill. I think it paid a cent, but they reduced it to were missionaries in Cuba were crum- passed the House by 40 votes. My ex- $1,900. So Joan paid $1,900 with two bled when he came home to face hostile pectation is, if we have a chance to checks. She paid the $1,900. She lives officials and the fine for traveling to vote on it, it will pass the Senate as on $1,200 a month. Cuba illegally. well. Then this morning I received this Then there is Tom Warner who is 77 It simply says this travel ban makes email from her: years old. Tom Warner has not even no sense. We ought not enforce the I sent the settlement money in two pay- traveled to Cuba. He is a World War II travel ban. No one ought to be chasing ments, one in July and paying it all by the veteran. He posted on his Web site the a retired schoolteacher or a bicyclist or end of August. I checked with the bank and schedule for the February 2002 annual the bank said the checks have not been someone who takes their father’s ashes cashed as of a week ago. Two weeks ago I got meeting of the United States-Cuba Sis- back to bury in Cuba. a letter from a collection agency asking for ters Cities Association in Havana. I don’t know. Maybe the folks at about $10,000 and a letter from the Social Se- What happened to him? This 77-year- Treasury can be just embarrassed into curity system telling me they will start re- old World War II veteran heard from doing the right thing. But it is inex- ducing my Social Security payments in No- OFAC. OFAC accused him of orga- plicable to me that we talk about vember. nizing, arranging, promoting, and oth- homeland security, we talk about Shame on the Federal Government. erwise facilitating the attendance of fighting terrorism, and then we have Do we have completely and totally in- persons at a conference in Cuba with- an agency of the Federal Government competent Federal agencies? No. 1, out a license. Mind you, this World War that is using its resources to do this. they are chasing old ladies riding bicy- II veteran never went to Cuba. He sim- Yes, I know what the law is. But I cles when they ought to be chasing ter- ply posted on a Web site the informa- also know what the priority is: to use rorists. She may not like me calling tion he had about a Sisters Cities scarce enforcement dollars to track her an old lady, but she is a 74-year-old meeting in Cuba. Warner got a letter terrorists. Common sense would tell senior bicyclist. She is proud of what from OFAC giving him 20 days to tell you not to divert those dollars to try she does. She bicycles in the Olympics. OFAC everything he knew about the to take part of the Social Security pay- And she has the Federal Government conference and the organizing folks ments away from this retired woman after her. They ought to be chasing ter- who participated in it. He has since, of because she went on a bicycle trip in rorists, not retired schoolteachers course, hired a lawyer. Cuba. biking in Canada. What are they think- I just don’t understand. We can trav- That is the kind of heavy-handed ing? Is there no common sense at all at el to Communist China. We can travel Federal Government I do not want to the Office of Foreign Assets Control. to Communist Vietnam. We can travel be a part of. I believe we ought to do I had the Secretary of the Treasury virtually anywhere in the world except something legislatively to address that in front of a committee a year and a for three countries: Cuba, Libya, and, situation, and I intend to do that when half ago. He got in trouble because he for now, Iraq. we have the right appropriations bill answered the question honestly. I liked The fact is, other Communist coun- on the floor of the Senate. him. He was a guy who said what was tries, we are told, will move in the f on his mind. I said: Let me ask you a right direction through engagement: question. Don’t you think if you could engage them in trade and travel and NUCLEAR WEAPONS use your assets the way you want to that is the way to persuade them to Mr. DORGAN. Mr. President, while I use your assets in the Office of Foreign move in the right direction towards am on the floor, I wish to mention that Assets Control, you would pull employ- greater human rights, towards democ- a couple of my colleagues—I believe, ees off of tracking little old school- racy. Senator FEINSTEIN and Senator KEN- teachers and others from bicycling in With Cuba, for 40-some years, we NEDY—will be on the floor later today Cuba and instead use all of your muscle have been telling people: Well, you can- with an amendment dealing with the and all of your energy and all of your not travel there, you cannot trade issue of nuclear weapons. I want to join

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11435 them in pointing out my special con- ing: What we ought to do is take a look STEIN, this afternoon, will be concern about what is happening with re- at earth-penetrating, bunker-buster troversial and will be debated. I respect spect to nuclear weapons. nuclear weapons. What a wonderful people who do not share my own opin- We have roughly 30,000 nuclear weap- idea that is, they say. ion on this issue, but I feel very strong- ons in the world—30,000 nuclear weap- Well, the best scientists tell us you ly that the only conceivable future for ons, the use of any one of which would cannot penetrate the earth much more nuclear weapons—for my children and cause a catastrophe, as all of us know. than 45 or 60 feet; you just can’t. But grandchildren and yours—is to try to So we have had what we call a doctrine they are talking about nuclear weap- prevent nuclear weapons from ever of mutually assured destruction for a ons up to 1 megaton, 60 to 70 times big- again being used. That is the only long, long while, with the other nu- ger than the Hiroshima bomb. That is thoughtful and conceivable future that clear superpower believing no one what they talk about here: earth-pene- will not address the future of this would be able to use a nuclear weapon trating, bunker-buster nuclear weap- world in a very negative way. in an attack because they would be ob- ons. That means this country would We must use our leadership capabili- literated by the other side. build a nuclear weapon that we could ties. We are a great country and a That doctrine of mutually assured actually use, not to deter someone else mighty country. We must use our capa- destruction has lasted for well over a from using it, but a nuclear weapon bilities to persuade others that the use half century. There are many in the that would be a useful weapon for de- of nuclear weapons is not something world that aspire to achieve nuclear signer purposes. If you have a bunker that is thinkable or conceivable. We weapons for their own use—terrorists that you can’t bust, lob over a nuclear must exert every energy to stop the and other countries. weapon. spread of nuclear weapons to so many The world depends on us and on our Here is a picture of what a 100-kil- others who want to obtain them in a leadership to stop the spread of nuclear oton nuclear explosion 635 feet underway that would be destructive to our weapons. There is no—I repeat, there is ground does at the surface. These are long-term interests. no—duty that is more important, in not tiny, little designer nuclear weap- I yield the floor. my judgment, than for this country to ons. These are huge explosions. f use its leadership capability to stop the The explosion shown on this picture spread of nuclear weapons. For surely, was 635 feet underground. Likely, a ENERGY AND WATER DEVELOP- if nuclear weapons proliferate in this bunker-buster weapon would be deto- MENT APPROPRIATIONS ACT, world, they will, one day, be used, and nated at 50 to 60 feet underground. 2004 when used in anger will persuade oth- The point is this: We have a responsi- The PRESIDING OFFICER. Under ers to use them; and this Earth will not bility in this country, it seems to me, the previous order, the hour of 2:30 p.m. be the kind of Earth that we recognize on these policies to exhibit great re- having arrived, the Senate will resume in the future. straint. We have countries in the world consideration of H.R. 2754, which the The Energy and Water appropriations that do have nuclear weapons, and we clerk will report. bill contains certain money to develop worry a great deal about them using The assistant legislative clerk read new bunker-buster nuclear weapons them. India and Pakistan each have as follows: and to come up with so-called advanced nuclear weapons. They don’t like each A bill (H.R. 2754) making appropriations concepts for new more ‘‘useable’’ nu- other very much. There have been mo- for energy and water development for the fis- clear weapons, and it has money to ments when we have been very con- cal year ending September 30, 2004, and for make it easier to end the ban on test- cerned about the command and control other purposes. ing so we would begin testing once of nuclear weapons in some other coun- The PRESIDING OFFICER. The Sen- again. tries. ator from New Mexico. This is, in my judgment, reckless dis- Our job, at this point, is not to be Mr. DOMENICI. Mr. President, when cussion, reckless talk. It certainly falls talking about building new nuclear we called this bill up, we called up the under the rubric of free speech and free weapons: low-yield nuclear weapons, House version. I ask unanimous con- debate, but I happen to think this bunker-buster, earth-penetrator nu- sent that all after the enacting clause country ought to say to the rest of the clear weapons, to begin testing nuclear be stricken, the text of Calendar No. world: We want to reduce the number weapons. Our job, it seems to me, is to 213, S. 1424, the Senate committee-re- of nuclear weapons, No. 1. And we don’t talk about restraint. ported bill, be inserted in lieu thereof; need to develop new nuclear weapons. We have all the nuclear weapons we the bill, as amended, be considered as We have far more than anyone needs. will ever need, well over 10,000, both original text for the purpose of further And second, the last thing we ought to theater and strategic nuclear weapons. amendments; provided that no points do is to suggest to anyone there is a We do not need to be building more. We of order be waived by reason of this green light for anyone to use, at any do not need to talk about using nuclear agreement. time, under any circumstances, nuclear weapons. Those who talk about build- The PRESIDING OFFICER. Without weapons. ing specific-use nuclear weapons and objection, it is so ordered. Here on this chart is what the House saying there is a use for actual employ- Mr. DOMENICI. Mr. President, as I of Representatives said in their report ment of nuclear weapons in conflict, understand it, the energy and water ap- recently about the administration’s that is not, in my judgment, in the propriations bill, as reported out plans for nuclear weapons: long-term interests of this world or unanimously by the subcommittee and It appears to the Committee the Depart- Committee on Appropriations, is pend- ment is proposing to rebuild, restart, and this country. I hope we will exhibit redo and otherwise exercise every capability much more restraint than that. ing. One amendment—there may be that was used over the past forty years of I know some will say: Well, we are others—we are awaiting is a Feinstein, the Cold War and at the same time prepare simply beginning research on some of et al., amendment to be offered and de- for a future with an expanded mission for nu- these issues. I say we do not need to re- bated. I don’t believe it serves any pur- clear weapons. search earth-penetrating, bunker-bust- pose for the Senator from New Mexico As indicated on this other chart, here er nuclear weapons. That is not in our to discuss the issue until the amend- is the stockpile of nuclear weapons— country’s interest, with due respect. ment is offered. As a consequence, I am roughly 30,000. We have about 10,000; What we ought to do is to exhibit going to yield the floor and put in a the Russians have about 18,000—you every ounce of energy that we can and quorum call, with the full under- can see a few others around—the use of that we have to try to stop the spread standing that Senator FEINSTEIN in- any one of which or the stealing of any of nuclear weapons, so that, God forbid, tends to offer shortly her amendment. one of which or the loss of any one of other countries do not acquire nuclear And from what I understand, an hour which to a terrorist group or a rogue weapons, and then begin to work to re- later, at about 3:30, the distinguished nation would be devastating if they duce the number of nuclear weapons Senator from Massachusetts, Mr. KEN- were to detonate. around the rest of the world. NEDY, is going to speak in support of The people who are talking about de- I know the amendment that will be the Feinstein amendment. In between veloping new nuclear weapons are say- offered by my colleague Senator FEIN- those, I will speak, and there may very

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11436 CONGRESSIONAL RECORD — SENATE September 15, 2003 well—either this afternoon before we opening the nuclear door. They are modifying the readiness posture of the Ne- recess and go into morning business, or doing this to develop essentially a new vada Test Site, Nevada, for the resumption early in the morning—be other Sen- generation of nuclear weapons. They by the United States of underground nuclear ators on either side who might want to call them low yield. It is contained in weapons tests from the current readiness of posture of 24 months to 36 months to a new speak to this issue. I am not totally words such as ‘‘advanced concepts.’’ readiness posture of 18 months or any other aware of that. Essentially, they are battlefield tac- readiness posture of less than 24 months. It is not the intention of the Senator tical nuclear weapons. (c) PROHIBITION ON USE OF FUNDS FOR SITE from New Mexico that we go on indefi- This latest Defense authorization bill SELECTION OF MODERN PIT FACILITY.—None nitely. This is a well-known amend- reversed the Spratt-Furse amendment of the funds appropriated or otherwise made ment. We voted on something like it which had existed for 10 years and had available by this Act for the Department of already once. But this is different in prohibited the development of low- Energy may be obligated or expended for the some respects. It is appropriations. So yield nuclear weapons. So for 10 years purpose of site selection of the Modern Pit in that context, it is actual money in- there was a prohibition on this reopen- Facility. stead of authorizing. ing of the nuclear door. (d) REDUCTION OF PUBLIC DEBT.—Of the Having said that, everyone should With this year’s Defense authoriza- amount appropriated by this Act, $21,000,000 now know the bill that is pending is tion bill, that went down the tubes. shall not be obligated or expended, but shall the Senate-reported energy and water be utilized instead solely for purposes of the Now we see in this Energy appropria- reduction of the public debt. bill. All of you who had water projects tions bill money to move along in the that you asked about, you can have development and the research of these Mrs. FEINSTEIN. Mr. President, I your staff look to see if you were suc- weapons. am very concerned that through a pol- cessful. We have attempted to advise What is interesting to me is when icy of unilateralism and preemption, most of you. I can say that to the ex- you ask these questions in committee, combined with the creation of new nu- tent we have had to be arbitrary be- as I did of Secretary Rumsfeld—and I clear weapons, we may very well be en- cause of a shortage of money, it has will get to that—what we hear is: Oh, it couraging the very nuclear prolifera- principally been when we have some- is just a study. tion we seek to prevent. It seems to me body asking for a new authorization. In fact, last year, $14 million was ap- that pursuing the development of new We haven’t been able to do that in this propriated for the study. It is more tactical battlefield nuclear weapons bill. With respect to the Corps of Engi- than just the study. It is the study and not only lowers the threshold for pos- neers, the Bureau of Reclamation, we development. sible use but also blurs the distinction haven’t started any new programs. So I rise today to send an amendment to between nuclear and nonnuclear weap- if you asked us for that, you may say: the desk on behalf of myself, the Sen- ons. Gee, they didn’t treat me right. It may ator from Massachusetts, Mr. KEN- The amendment I have just sent to be that you have to come and ask, and NEDY; the Senator from Rhode Island, the desk essentially in many ways mir- that is the reason. It is not a new au- Mr. REED; the Senator from New Jer- rors what the House of Representatives thorization. sey, Mr. LAUTENBERG; the Senator from has done. Much to the credit of Chair- We have tried our very best to do Oregon, Mr. WYDEN; and the Senator man HOBSON, the House of Representa- what we could with a shortage of from Wisconsin, Mr. FEINGOLD. tives has deleted this funding. I believe money in the Corps, which I have al- The PRESIDING OFFICER. The very strongly the Senate should follow. ready explained to the Senate. I ex- clerk will report. The amendment I proposed would plain it every year. We could pull the The assistant legislative clerk read strike $15 million for the study of the record player out and repeat it because as follows: development of the robust nuclear every year Presidents do the same The Senator from California [Mrs. FEIN- earth penetrator and $6 million in thing. They leave out projects, and STEIN], for herself, Mr. KENNEDY, Mr. REED, funding for advanced nuclear weapons they don’t put in enough money. And Mr. LAUTENBERG, Mr. WYDEN, and Mr. FEIN- concepts, including the study for devel- then we come along and we have the GOLD, proposes an amendment numbered 1655. opment of low-yield weapons—these most desired projects of all because if are battlefield tactical nuclear weap- Mrs. FEINSTEIN. Mr. President, I you are chairman Senators stuff your ons—and it would prohibit spending— ask unanimous consent that reading of pockets with requests. They come in this is where it is a little different in the amendment be dispensed with. saying: Please help with this. It is a the Senate version than in the House The PRESIDING OFFICER. Without little project in my State. But it seems version—in the 2004 year to increase objection, it is so ordered. as though we are the only ones who un- the Nevada Test Site’s time to test The amendment is as follows: derstand how important these little readiness posture from the current 24 projects are to Senators. It doesn’t (Purpose: To prohibit the use of funds for De- to 36 months to 18 months. The House partment of Energy activities relating to seem as though the administration— actually cut the 24 $8 million. We fence this one, other ones—thinks it is very the Robust Nuclear Earth Penetrator, Ad- vanced Weapons Concepts, modification of it for this year. important. the readiness posture of the Nevada Test Secondly, it would implement site se- They are not all in here. But a few Site, and the Modern Pit Facility, and to lection for the modern pit facility. The more than the President was able to make the amount of funds made available House cut $12 million. We would delay put in are here in this bill. So please by the prohibition for debt reduction) it for 1 year. look. And if you have any complaints, After section 503, insert the following: bring them to us. We will do our best. SEC. 504. (a) REDUCTION IN AMOUNT AVAIL- The House also redirected the savings We will even explain to you, if we ABLE FOR NATIONAL NUCLEAR SECURITY AD- from this bill for water projects. We es- turned you down, that it is a new MINISTRATION.—The amount appropriated by sentially use the money for deficit re- project. We will explain what that title III of this Act under the heading duction. By seeking to develop a new means and why we have no alternative. ‘‘ATOMIC ENERGY DEFENSE ACTIVI- generation of 5-kiloton, or below, tac- TIES’’ under the heading ‘‘NATIONAL NU- When we can’t pay for the ones we tical nuclear weapons, which produce CLEAR SECURITY ADMINISTRATION’’ under the have, we can’t be adding any new ones. smaller explosions, the administration heading ‘‘WEAPONS ACTIVITIES’’ is hereby re- is suggesting we can make nuclear I note the presence of the Senator duced by $21,000,000, with the amount of the from California. Whether she desires to reduction to be allocated so that— weapons less deadly. It is suggesting offer the amendment is up to her. I (1) no funds shall be available for the Ro- we can make them more acceptable to yield the floor at this time. bust Nuclear Earth Penetrator; and use. Neither is true. The PRESIDING OFFICER. The Sen- (2) no funds shall be available for Advanced By seeking to develop a robust nu- ator from California. Weapons Concepts. clear earth penetrator, the administra- (b) PROHIBITION ON USE OF FUNDS FOR CER- AMENDMENT NO. 1655 tion seems to be moving toward a mili- TAIN MODIFICATION OF READINESS POSTURE OF Mrs. FEINSTEIN. Mr. President, I NEVADA TEST SITE.—None of the funds appro- tary posture in which nuclear weapons thank the chairman of the committee. priated or otherwise made available by this are considered just like other weap- There should be no doubt in anyone’s Act for the Department of Energy may be ons—like a tank, a fighter aircraft, or mind that this administration is re- obligated or expended for the purpose of a cruise missile. By seeking to speed up

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11437 the time to test requirement for the very minute. We have seen other na- nonnuclear country if that country Nevada Test Site, the administration is tions become nuclear powers—the possessed biological or chemical weap- taking us down a road that may well United Kingdom, France, China, India, ons. lead to the resumption of underground Pakistan. And others—like I said, Iran It seems clear that this administra- nuclear testing, overturning a 10-year and North Korea clearly have nuclear tion is no longer focused solely on the moratorium. By seeking to move for- aspirations. But after decades of steady role of nuclear weapons for deterrence. ward with the modern pit facility, the progress, our efforts against nuclear Rather, the new triad proposed by the administration appears to be seeking proliferation have also produced a administration has grouped nuclear to develop a facility that will, in 1 number of dividends. Nuclear-capable and conventional weapons together on year, allow the United States to states, like South Africa, Brazil, Ar- a continuum, believing each has an produce a number of plutonium pits gentina, South Korea, Taiwan, Japan, equal role on the battlefield. that exceeds the entire current arsenal the Ukraine, Belarus, and Kazakhstan During the cold war, the nuclear of China. have either forgone developing nuclear triad consisted of air, land, and sea nu- Given that the United States has a weapons or, like the States of the clear forces—bombers, ALBMs, ICBMs robust pit stockpile and plans for a fa- former Soviet Union, given up the and SLBMs. The new triad consists of cility that will be able to produce an weapons they possessed. China has re- offensive strike forces, missile de- adequate number of replacement pits cently signaled it might be willing, fi- fense—which has yet, incidentally, in the coming years, questions must be nally, to sign onto the comprehensive been shown to work—and a responsive asked as to why a facility like the test ban treaty. When U.S. policy can infrastructure to support the forces. modern pit facility is necessary, and urge others to act responsibly, the Strategic nuclear forces are combined why now? What sort of message is the world is a far safer place and the dangerously, in my view, with conven- United States sending to the rest of the United States is safer as well. tional strike capabilities in the offen- world, at a time when we are trying to As we continue to prosecute the war sive leg of the new triad. discourage others from developing on terror, it should be a central tenet This new triad represents a radical their own nuclear arsenal, by our tak- of the U.S. policy to do everything at departure from the idea that our stra- ing this action? We say to North Korea, our disposal to make nuclear weapons tegic nuclear forces are primarily in- you cannot do this. We say to Iran, you less desirable, less available, and less tended for deterrence, not for offense cannot do this. Yet we set a precedent likely to be used. This does just the op- as the new triad proposes. whereby countries such as Pakistan posite. In a few months, after issuing the and India—each with their own indige- This administration appears to be Nuclear Posture Review, President nous nuclear capability, each diehard looking for new ways to use our nu- Bush signed National Security Presi- enemies—may well take the example clear advantage, to restructure our dential Directive 17 indicating the and say: If they can do it, we can do it. force so nuclear weapons are more ‘‘us- United States might use nuclear weap- We should start our own advanced con- able.’’ That sends a very troubling mes- ons to respond to a chemical or biologi- cepts program. sage to others who might also aspire to cal attack. I find the Nuclear Posture I deeply believe the combined impact obtain or use nuclear weapons. Review and NSPD–17 deeply disturbing. of studies or development of new nu- Let me just quote a Pentagon spokes- Some have maintained we don’t need clear weapons enhancing the posture of person in saying this: to concern ourselves too much with our test sites and developing a new plu- This administration is fashioning a more these documents because they are tonium pit facility could well have the diverse set of options for deterring the merely intellectual exercises. In fact, result of leading these other nuclear threat of weapons of mass destruction. That at a hearing of the Defense Appropria- is why the administration is pursuing ad- tions Subcommittee in May, I asked powers and nuclear aspirants to resume vanced conventional forces and improved in- or start testing and to seek to enlarge telligence capabilities. A combination of of- Secretary Rumsfeld about where the their own nuclear forces—action that fensive and defensive and nuclear and non- administration was going on these would fundamentally alter future non- nuclear capabilities is essential to meet the issues. He responded, in essence, that proliferation efforts and undermine our deterrence requirements of the 21st century. there was nothing to be concerned own security. Instead of increasing it, I profoundly disagree. If the most po- about because current research to de- it will undermine it. tent conventional military on Earth velop nuclear weapons is just a study. The House of Representatives had the cannot meet the challenges without But the fact is, the administration has foresight to realize that going down new nuclear weapons, it is a tragedy begun to take concrete steps toward this path was not in the best interest of indeed. The administration’s own nu- developing new classes of nuclear the United States national security. I clear posture review, released in Janu- weapons. In fact, the administration’s truly hope this Senate will respond and ary of 2002, did not focus solely on the statement of policy for the fiscal year do the same. I cannot say enough good role of nuclear weapons for deterrence. 2004 Defense authorization bill may things about Chairman HOBSON. I have It stressed the importance of actually well have been more honest than in- had the privilege of working with him being prepared to use nuclear weapons. tended. This is the statement of admin- on MilCon, and I think he has shown In fact, the review noted we must now istration policy: dramatic courage, spunk, individ- plan to possibly use them against a The administration appreciates the Senate ualism, good thinking, and solid com- wider range of countries. Armed Services Committee’s continued sup- mon sense. To that end, I would like to put into port of our national defense and support for Nearly 60 years ago, our world was the record a New York Times article by critical research and development for low- introduced to nuclear weapons. I was 12 Michael R. Gordon, dated March 9. I yield nuclear weapons. years old when the Enola Gay left our ask unanimous consent that it be As Fred Celec, the Deputy Assistant shores. I saw a 15-kiloton bomb destroy printed in the RECORD following my Secretary for Defense for Nuclear Mat- Hiroshima. It killed up to 140,000 peo- comments. ters, stated: If a hydrogen bomb can be ple—just that bomb killed 140,000 peo- The PRESIDING OFFICER. Without successfully designed to survive a crash ple. A 21-kiloton bomb then destroyed objection, it is so ordered. through hard rock or concrete and still Nagasaki, killing 80,000 people. Two (See exhibit 1.) explode, ‘‘it will ultimately get field- bombs, 220,000 people dead, and the Mrs. FEINSTEIN. Mr. President, in ed.’’ largest pattern of destruction the addition, the nuclear posture review That is his statement: If a hydrogen world has ever seen—just look at it on said we need to develop new types of bomb can be successfully designed to this photo. weapons so we can use them in a wider survive a crash through hard rock or For the decades that followed, we variety of circumstances and against a concrete and still explode, ‘‘it will ulti- saw a standoff between the United wider range of targets, such as hard mately get fielded.’’ States and the Soviet Union with ar- and deeply buried targets, or to defeat That is where we are going, Mr. madas of nuclear weapons, many of chemical and biological weapons. Even President. I believe it is in this context which remain today. They are targeted the New York Times suggests we would that we must view the funding requests at each other’s cities even right this even consider a first strike against a in this bill.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11438 CONGRESSIONAL RECORD — SENATE September 15, 2003 This is not an esoteric funding re- weapon of almost 100 kilotons. That is Thirdly, the development of new low- quest. I don’t believe it is just a study. 10 times the size of the bomb dropped yield nuclear weapons could lead—and I believe it is the second step in the on Hiroshima. this is where we are going—to the re- study and in the development of these As this chart shows, if a bunker bust- sumption of underground nuclear test- so-called advanced nuclear concepts of er were able to burrow into the earth ing in order to test the new weapons. moving up test readiness, of building a to reach its maximum feasible depth— This would overturn the 10-year mora- huge modern pit facility. The legisla- that is about 35 feet—it still would not torium on nuclear testing. So we are tion before us today contains funding be deep enough to contain a bomb with changing 60 years of history. We are to start that process of developing this an explosive yield of only .2 kilotons, overturning a 10-year moratorium. next generation of nuclear weapons, 75 times smaller than the bomb that This could lead other countries to re- clear and simple. exploded over Hiroshima, let alone a sume or start testing, actions that I strongly support a robust military, 100-kiloton bomb. would fundamentally alter future non- and our safety interests and our secu- Let me make the point. To destroy a proliferation and counterproliferation rity interests should be protected, but typical bunker or another underground efforts. I believe we are going to make our Na- target, such as a chemical or biological The March 2003 Arms Control Today tion and our allies less secure, not weapons facility, you would need to points out an interesting thing: more, if the United States opens the burrow down at least 800 feet, which is In 1995, many of the world’s nonnuclear door to the development, testing, and not physically possible, or detonate a states made it clear their continued adher- ence to the NPT was contingent on the ces- deployment of new tactical and low- 100-kiloton weapon whose fallout and sation of all nuclear-yield testing. . . . A de- yield nuclear weapons. destruction belie the idea that an anti- cision to resume testing to build low-yield I think there are several things septic nuclear weapon can be devel- nuclear weapons could deal the regime a wrong with the logic which suggests oped. Anything short of that would not fatal blow while providing the United States that using these weapons is acceptable. contain the fallout. a capability of questionable military value. First, using nuclear weapons, even A fireball would break through the This is where we are going with this small ones, will cross a line that has surface, scattering enormous amounts bill. We are moving up test readiness been in place for 60 years. I don’t want of radioactive debris—1.5 million tons from 24 to 30 months to 18 months. So to be a Member of the Senate who for a 100-kiloton bomb—into the atmos- inherent in this bill is the beginning of crosses that line and has to explain to phere. As this map of the Korean pe- expedited testing, overturning 60 years, my five grandchildren why I voted to ninsula shows, just the path fallout, going against the nonproliferation sanction a new generation of nuclear with travel in typical weather, would treaty, which will then encourage weapons, whether it is a robust earth place both South Korea and Japan in other nations to do the same, and be- penetrator or whether it is a tactical severe danger while placing millions of ginning testing once again. battlefield weapon, because you cannot innocent people at risk if a nuclear According to the 2003 Report to Con- protect from the radiation. What bunker buster were to be used in North gress on Nuclear Test Readiness, 18 grandmother or mother wants to send Korea. We can see it used at this point. months is the minimum time necessary their son or daughter on to a battle- We can see the path of fallout. It is to prepare a test once a problem is field with tactical nuclear weapons? devastating. identified. Yet even during the cold Sixty years of history is in the process Ultimately, the depth of penetration war when tests were ongoing on a reg- of being reversed. of the robust nuclear earth penetrator ular basis, the Nuclear National Secu- It was the Secretary of State, GEN is limited by the strength of the mis- rity Agency found that it required 18 to Colin Powell, who wrote in his auto- sile casing. The deepest our current 24 months to design and field a test biography about possibly using tactical earth penetrators can burrow is 20 feet with full diagnostics. nuclear weapons in Europe to thwart a of dry earth. Casing made of even the As purely a technical matter, 18 Soviet invasion. Let me read what he stronger material cannot withstand months is also an extremely short said. He wrote: the physical forces of burrowing timeframe for test readiness. So why are we doing it? Why are we doing it No matter how small these nuclear pay- through 100 feet of granite, much less loads were, we would be crossing a threshold. 800 feet. now with no pressing need? Why is the Using nukes would mark one of the most sig- I believe it is deeply flawed to argue, administration pushing so hard for the nificant political and military decisions as some robust nuclear earth pene- absolute minimum time necessary to since Hiroshima. trator proponents do, that because it conduct a test? That is what we are doing, I say to would penetrate the earth before deto- This tells me exactly where this ad- my colleagues—one of the most signifi- nating, it would be a clean weapon. It ministration is going. Even putting cant decisions since Hiroshima—and will not be. aside the concern I have about the mes- his statement in his book is just as In fact, far more than the added ex- sage that the United States moving true today. plosive power a nuclear weapon pro- ahead with test readiness sends to the Second, I wish to speak for a moment vides, the most important factor in de- rest of the world, this short time pe- about the fact that there is no such stroying a deeply buried target is riod may well not be technologically thing as a clean or usable nuclear knowing exactly where it is. Someone feasible. In an op-ed in the Washington Post bomb. According to Stanford Univer- is not going to drop a bomb such as a on July 21, Secretary of Energy Spen- sity physicist, Dr. Sidney Drell, the ef- robust nuclear earth penetrator unless cer Abraham said this: fects of a small bomb would be dra- they know exactly where the target is. We are not planning to resume testing; nor matic. A 1-kiloton weapon detonated 20 If they know exactly where the target are we improving test readiness in order to to 50 feet underground—1 kiloton deto- is, there are other things that can be develop new nuclear weapons. In fact, we are nated 20 to 50 feet underground—would done. It can be destroyed with conven- not planning to develop any new nuclear dig a crater the size of Ground Zero tional weapons. Access to it can be pre- weapons at all. and eject a million cubic feet of radio- vented by destroying entrances, cut- Then what are we doing this for? active debris into the air. This chart ting off electricity, cutting off air Fourteen million dollars last year, $50 shows 1 kiloton at 30 feet and it will ducts. Cutting off a bunker in this way million this year, a $4 billion modern eject a million cubic feet of radioactive renders it useless just as effectively as pit facility program over 10 years. debris into the air. destroying it with a nuclear blast. What are we doing it for? I think what A low-yield weapon would have very The fact is that our intelligence is the Secretary did by these comments is little utility in trying to destroy a weak. So I very much doubt we are really an injustice in terms of casting deeply buried underground bunker. going to be throwing around bunker a web over these moves that is not Given the insurmountable physics busters of 100 kilotons that are nuclear credible. problems associated with burrowing a with this fallout spread when we really I can only deduce that despite all the warhead deep into the earth, destroy- do not know, among the tens of thou- ‘‘this is just a study’’ rhetoric, there is ing a target hidden beneath a thousand sands of holes the North Koreans have an intention to test, and this adminis- feet of rock will require a nuclear in the ground, exactly what is what. tration is reopening the nuclear door

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11439 to develop a new generation of tactical This was just written. This was con- doing it in this State or that State or battlefield nuclear weapons, and I do sidered by the House of Representa- competing for it. not want to be a part of it. tives, and the House of Representatives We need to begin to think what we In fact, in a September 3 interview, had the guts to take it out of the bill. are competing for. I don’t want us to Fred Celec stated: So this amendment would put in place compete for something that is going to If you say, I’ve got to go to design a new a 1-year stay. It is a little different encourage China to begin nuclear nuclear weapon . . . you probably will have from the House bill. It would put in weapons production or begin testing. I to have a nuclear test. place a 1-year stay on site selection for don’t want to encourage something Likewise, I have serious concerns the modern pit facility. If the adminis- that is going to say to Pakistan and about the intentions behind the funds tration can come forward with a con- India: We developed tactical battlefield included in this bill for work on the vincing rationale and plans in a year, nuclear weapons. Look at our example. modern pit facility. As I have said, the we can revisit this issue. But until That is what we are doing and we don’t modern pit facility is the administra- then, we should not be supporting this see it. tion’s proposed $4 billion plan where new initiative. Finally, to those who argue that the new plutonium pits for nuclear weap- Today, America’s current conven- United States needs new weapons for ons will be fabricated. This facility, tional and nuclear forces vastly over- new missions, I should point out that when completed, would be able to power those of any other nation. So for the United States already has a usable produce 250 to 900 plutonium pits per me, it is difficult if not impossible to nuclear bunker buster, the B61–11, year. reconcile building a multibillion-dollar which has a dial-to-yield feature, al- To put this in perspective, if the pro- nuclear bomb factory, which is what posed modern pit facility operated at lowing its yield to range from less than this is, as we preach the importance of a kiloton to several hundred kilotons. half of its capacity, it could equal or limiting proliferation and preventing exceed China’s entire new nuclear arse- When configured to have a 10-kiloton other nations from developing weapons yield and detonated 4 feet underground, nal in 1 year. This production would be of mass destruction. And, if I may say in excess of our current inventory of the B61–11 can produce a shock wave so, it is hypocritical. It is hypocritical; sufficient to crush a bunker buried be- 15,000 plutonium pits. we say one thing to others and we do What does this say to other nations? neath 350 feet of layered rock. an entirely different thing ourselves. If What does this say to China? What If, indeed—I don’t think there is—but that is not hypocrisy, I don’t know does it say to Iraq? What does it say to if there is a legitimate military mis- what is. Iran, Pakistan, India, or any other na- sion for these kinds of weapons, the ex- Under the Nuclear Non-Proliferation tion? What does it say to North Korea? perts tell us we already have one. We Treaty, nuclear weapon states are com- At a time when we should be less- don’t need new nuclear weapons. On ening our reliance on nuclear weapons mitted to halting so-called vertical the other hand, the U.S. military, the and lessening the amount of fissile ma- proliferation. That means they are pro- strongest and most capable military terial available which might fall into hibited from increasing their nuclear force the world has ever seen, has plen- the hands of terrorists, encouraging stockpiles. They are prohibited. The ty of effective conventional options de- other countries in the world to do like- purpose is to encourage other nations signed to penetrate deeply into the wise by following our example, why do to halt horizontal proliferation, where- earth and destroy underground bunkers we need this new production capa- by more and more nations become nu- and storage facilities. These range in bility? clear capable. That is what the NPT is size from 500 pounds to 5,000 pounds, The Department of Energy has al- trying to do. They are trying to stop it, and most are equipped with either a ready begun a separate $2.3 billion pit and we are doing exactly the opposite. laser or a GPS guidance system. The fabrication and plutonium chemistry If our country goes down the road of 5,000-pound bunker buster, like the complex at Los Alamos, which will developing and bringing the modern pit guided bomb unit 28/B, is capable of begin producing 20 pits per year in 2007 facility on line, we will effectively un- penetrating up to 20 feet of reinforced and can be equipped and enlarged to dermine the nonproliferation treaty. concrete, or 100 feet of earth. I know the Bush administration produce as many as 150 pits per year. The GBU–28 was used with much suc- So what do we need this for? No one doesn’t like it. I know they don’t attend meetings. I know we are now on a cess in Operation Enduring Freedom in has answered that question. Afghanistan. With the current age of our stockpile big unilateral binge, where we know Other conventional bunker busters pits averaging 19 years, and the De- better than anybody else. But this is were used to take out Saddam Hus- partment of Energy estimating a pit for our children and our grandchildren. minimum lifetime to be 45 to 60 years, Perhaps more than any other this rep- sein’s underground lairs in Operation with no ‘‘life-limiting factors’’ being resents the country we try to be and Iraqi Freedom. In fact, the U.S. mili- identified, why put our Nation $4 bil- the country we are going to be. tary possesses a conventional bunker lion further into debt by creating addi- I think with this legislation, and by buster—the GBU–37—which is thought tional capacity for plutonium pits we going down this path, we undermine to be capable of taking out a silo-based don’t need? We can’t find anything the nonproliferation treaty. Maybe ICBM. that indicates why we need these addi- that is what they want to happen. And I only wish that instead of beginning tional plutonium pits. As I said, we al- by our example we create an incentive the research and development of a new ready have a $2.3 billion program to and we present a challenge to others generation of weapons, this adminis- produce 20 pits that can go up to 150 with nuclear aspirations to develop tration would lead efforts to prevent pits. Are we going into some kind of them. nuclear development and prevent the enormous program that we don’t know I don’t know whether that is the in- spread and delegitimize the use and about? tention. We know ballistic missile de- utility of nuclear weapons. Oh, how I The House report language in their fense does the same thing. I think we wish they would. Instead, with these version of the energy and water bill put are seeing, in Iraq, where unilateralism appropriations a new nuclear arms race it this way: is not working. We have before us an will begin. Let there be no doubt. I It appears to the Committee that the De- $87 billion supplemental which will know it as sure as I am standing here partment is proposing to rebuild, restart, bring the cost of the war to about $166 now. I know it from the judgment of and redo and otherwise exercise every capa- billion so far. Yet we are starting a past history. I know how difficult it bility that was used over the past 40 years of whole new nuclear program. has been. I know just how difficult it the cold war, and at the same time prepare I guess why I don’t like it, most of was to reach agreements with the So- for a future with an expanded mission for nu- all, is it is all done under the guise of viet Union to begin to ratchet down clear weapons. Nothing in the past perform- study, of development. The facts are the nuclear arsenal of both of our coun- ance of NNSA convinces this Committee that the successful implementation of the Stock- never really put on the table. It just tries. We will be dealing with govern- pile Stewardship Program is a foregone con- kind of happens. Then some get kind of ments far more difficult to deal with clusion, which makes the pursuit of a broad ‘‘suckered’’ into it, if I can use that than the Soviet Union, like those typi- range of new initiatives premature. word, because of the economics of fied by North Korea.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11440 CONGRESSIONAL RECORD — SENATE September 15, 2003 If we appropriate these dollars, we stantly in both of those strikes. They threat of weapons of mass destruction,’’ the can expect that other nations will fol- don’t remember Chernobyl and what Pentagon statement continued. ‘‘That is why low, that a new nuclear race will begin radioactive fallout does to people. the administration is pursuing advanced con- I see this as a very historic vote. The ventional forces and improved intelligence to develop, and the chance that one capabilities. A combination of offensive and day, somehow, some way they will be way is carved for us by the House of defensive, and nuclear and non-nuclear capa- used against us. Those chances are Representatives. They have eliminated bilities is essential to meet the deterrence clear. Let there be no doubt. funding. They have done what is right. requirements of the 21st century.’’ As the Economist concluded in its I hope we follow suit. Critics responded to the report by com- May 17 issue: I yield the floor. plaining that the Bush administration was not only pushing for the development of new In their determination to leave no weapons EXHIBIT 1 types of nuclear weapons, but broadening the avenue unexplored [the administration] is [From the New York Times, March 10, 2002] circumstances in which they might be used. proposing to lead America along a dangerous U.S. NUCLEAR PLAN SEES NEW TARGETS AND ‘‘Despite their pronouncements of wanting path. NEW WEAPONS to slash nuclear arms, the Bush administra- This is why our amendment seeks to (By Michael R. Gordon) tion is reinvigorating the nuclear weapons strike the funding in this bill for the forces and the vast research and industrial development of the robust nuclear Outlining a broad overhaul of American complex that support it,’’ said Robert S. nuclear policy, a secret Pentagon report Norris, a senior research associated at the earth penetrator and the other so- calls for developing new nuclear weapons called advanced concepts—I hate call- Natural Resources Defense Council and an that would be better suited for striking tar- expert on nuclear weapons programs. ‘‘In ad- ing nuclear weapons ‘‘advanced con- gets in Iraq, Iran, North Korea, Syria and dition the Bush administration seems to see cepts’’—including low-yield weapons, Libya. a new role for nuclear weapons against the and to limit the funding for enhanced The Nuclear Posture Review, as the Pen- ‘axis of evil’ and other problem states.’’ test readiness and the modern pit facil- tagon report is known, is a comprehensive Classified versions of the report were pro- ity. blueprint for developing and deploying nu- vided to Congress in January but the disclo- Right now our country is spending clear weapons. While some of the report is sure now could become a public relations unclassified, key portions are secret. well over $400 billion on defense. Next problem for vice President Dick Cheney, who In campaigning for office President Bush is scheduled to leave on Sunday for a 10-day year we will spend more on our mili- stressed that he wanted to slash the number trip to Britain and Middle Eastern countries. tary than all of the other 191 nations of nuclear weapons and develop a military The disclosure of the administration’s ambi- on the planet combined. If we can’t that would be suited for the post-cold war tious nuclear plans is likely to spark criti- protect ourselves without thinking world. cism from European groups that have long about nuclear weapons, who can? Who The new Pentagon report, in fact, finds supported more traditional approaches to can? We spend more than 191 nations that non-nuclear conventional weapons are arms control. Middle Eastern leaders may be combined—all of the other nations on becoming an increasingly important element alarmed to learn that the Pentagon sees of the Pentagon arsenal. But the report also Iraq, Iran, Syria and Libya as potential nu- Earth. Yet the proposal is that we re- indicates that the Pentagon views nuclear clear battlegrounds. open the nuclear door and begin a new weapons as an important element of military One of the most sensitive portions of the generation of nuclear weapons. planning. report is its discussion of countries that do I think once again we will see rogue It stresses a need to develop earth-pene- not have nuclear arms. Recalling the Cuban states basically conclude that they will trating nuclear weapons to destroy heavily missile crisis, the report noted that the be safe from the United States only if fortified underground bunkers, including United States might be caught by surprise if they develop their own nuclear weap- those that may be used to store chemical an adversary suddenly displayed a new ability involving weapons of mass destruction or ons quickly. I think that is exactly and biological weapons. It calls for improving the intelligence and targeting systems it a nuclear arsenal changes hands as a re- what is happening in North Korea, needed for nuclear strikes and argues that sult of a coup in a foreign land. which has responded to the Bush ad- the United States may need to resume nu- ‘‘In setting requirements for nuclear strike ministration’s aggressive posture by clear testing. capabilities, distinctions can be made among claiming that only a ‘‘tremendous The New York Times obtained a copy of the contingencies for which the United military deterrent’’ will protect it the 56-page report. Elements of the report States must be prepared,’’ the Pentagon re- from the United States. Now Iran is were reported today by the Los Angeles port states. ‘‘Contingencies can be cat- egorized as immediate, potential or unex- following suit. Will we encourage India Times. One of the most sensitive portions of the pected.’’ and Pakistan to develop tactical nu- ‘‘North Korea, Iraq, Iran, Syria and Libya report is a secret discussion of contingencies are among the countries that could be in- clear weapons as well? in which the United States might need to use volved in immediate, potential or unex- Indeed, by seeking to develop new nu- its ‘‘nuclear strike capabilities’’ against a pected contingencies,’’ it added. ‘‘All have clear weapons ourselves, we send a foe. long-standing hostility toward the United message that nuclear weapons have a During the cold war, the United States States and its security partners; North future battlefield role and utility. This used nuclear weapons to deter a Soviet at- Korea and Iraq in particular have been tack on Western Europe. is the wrong message. It takes us in chronic military concerns.’’ the wrong direction. In my view, it will But now, the Pentagon report says, the na- It said, ‘‘All sponsor or harbor terrorists, cause Americans to be placed in great- tion faces new contingencies in which nu- and all have active’’ programs to create er jeopardy in the future. clear weapons might be employed, including weapons of mass destruction and missiles. ‘‘an Iraqi attack on Israel or its neighbors, Among Iraq, Iran, Syria or Libya none has We are telling others not to develop or a North Korean attack on South Korea or nuclear weapons and not to sell fissile nuclear weapons, though Iraq and Iran are a military confrontation over the status of making a serious effort to acquire them, ac- materials, but we continue to study Taiwan.’’ Another theme in the report is the cording to American intelligence. and design new nuclear weapons our- possible use of nuclear weapons to destroy American intelligence officials believe selves. Again, ‘‘hypocrisy.’’ enemy stocks of biological weapons, chem- that North Korea may have enough fissile I urge my colleagues to support this ical arms and other arms of mass destruc- material for one or two nuclear weapons, but amendment. The House has totally tion. there is considerable debate as to whether it eliminated the money. We don’t do ex- Pentagon and White House officials turned has actually produced one. down repeated requests for interviews on the actly that. We eliminate some and we Significantly, all of those countries have report. The Pentagon issued a statement this signed the Nuclear Nonproliferation Treaty. fence others. We delay the pit facility evening noting that the purpose of the re- Washington has promised that it will not use for 1 year. We don’t use the money for view was to analyze nuclear weapons re- nuclear weapons against non-nuclear weapon water projects, and we don’t use it for quirements, not to specify targets. states that have signed the Nuclear Non- deficit reduction. ‘‘It does not provide operational guidance proliferation Treaty unless those countries I urge my colleagues to support this on nuclear targeting or planning,’’ the Pen- attack the United States or its allies ‘‘in al- amendment. I urge them to realize that tagon statement said. ‘‘The Department of liance with a nuclear weapon state.’’ we are at a historic turning point. It Defense continues to plan for a broad range The policy was intended to discourage out- may well be that people do not remem- of contingencies and unforeseen threats to sider nations from seeking to develop nu- the United States and its allies. We do so in clear weapons. But conservatives argue that ber the Enola Gay, they don’t remem- order to deter such attacks in the first Washington should be able to threaten the ber Hiroshima, they don’t remember place.’’ use of nuclear weapons as a way to deter one Nagasaki, and they don’t remember ‘‘This administration is fashioning a more state from attacking the United States with that 220,000 people were killed in- diverse set of options for deterring the chemical or biological weapons.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11441 Earlier this month, Richard Boucher, the and that it has only a limited ‘‘ground-pene- Mrs. FEINSTEIN. Mr. President, I State Department spokesman, repeated the tration capability.’’ ask for the yeas and nays. policy but then added that ‘‘if a weapon of The report argues that better earth-pene- The PRESIDING OFFICER (Mr. mass destruction is used against the United trating nuclear weapons with lower nuclear ALLARD). Is there a sufficient second? States or its allies, we will not rule out any yields would be useful since they could specific type of response.’’ His qualified achieve equal damage with less nuclear fall- There is a sufficient second. statement along with the Pentagon report out. New earth-penetrating warheads with The yeas and nays were ordered. raises the question of whether the Bush ad- larger yield would be needed to attack tar- Mr. DOMENICI. Mr. President, I ministration still plans to abide by the long- gets that are buried deep underground. The don’t know how much time I will take standing policy. report said it is very hard to identify such but obviously some amount of time. One former senior American officials said underground targets but that American Spe- There are a number of other Senators cial Operations Forces could be used for the that the development of new weapons to at- on our side who wish to speak but I tack non-nuclear states would not in itself mission. Another capability which interests the want to speak to this amendment. contradict American policy since it would be First, fellow Americans and friends no more than a contingency. But using them Pentagon are radiological or chemical weapons that would be employed to destroy would contradict the policy, he said, unless here, there are a lot of issues that the stockpiles of chemical or biological agents. the nations violated their commitments to wonderful Senator from California Such ‘‘Agent Defeat Weapons’’ are being the Nuclear Nonproliferation Treaty by de- talked about that deserve some real studied. The report also argues that Wash- veloping nuclear weapons. clarification. There is an inference ington needs to compress the time it takes ‘‘I would not say that developing a bunker- to identify new targets and attack them that we are not interested in non- busting nuclear weapon for use against these with nuclear weapons, a concept it calls proliferation and that we are going in countries would by itself violate that ‘‘adaptive planning.’’ the wrong direction. Everybody should pledge,’’ the former American official said. In general, the Pentagon report stresses know that the United States of Amer- ‘‘But using nuclear against them would un- the need for nuclear weapons that would be less they violated their assurance by acquir- ica not too many years ago had 40,000 more easy to use against enemy weapons of nuclear weapons. We are moving rap- ing nuclear weapons.’’ mass destruction because they would be of The Pentagon report discussed other con- variable or low yield, be highly accurate and idly toward 5,000—40,000 moving rapidly tingencies as well. The report stated that could be quickly targeted. toward 5,000. In fact, both the United China is also a potential adversary and is Pentagon officials say this gives the States and the former Soviet Union are modernizing its nuclear and conventional United States another tool to knock out having difficulty getting rid of what forces. While Russia has the most formidable enemy chemical, biological or nuclear weap- comes out of these nuclear weapons be- nuclear force, the report took the view that ons. But critics say that the Bush adminis- relations with Moscow have vastly improved. cause they are moving so fast. That tration is, in effect, lowering the nuclear which is coming out of them is cre- ‘‘As a result, a contingency involving Rus- threshold by calling for the development of sia, while plausible, is not expected,’’ the re- nuclear weapons that would be easier to use. ating proliferation itself because we port states. Still, the report said that the The need to maintain the capability to are moving so rapidly. We do not know United States cannot be sure that relations rapidly expand the American nuclear arsenal what to do with the plutonium that with Russia will always be smooth and thus in a crisis, such as ‘‘reversal of Russia’s comes out of them. The Russians don’t must be prepared to ‘‘revise its nuclear force present course,’’ is also a theme of the re- know where to put it. But in terms of levels and posture.’’ port. The Pentagon calls this hedge ‘‘the re- getting rid of nuclear weapons, the In addition to surveying the potential situ- sponsive force.’’ The notion that the United ations in which nuclear weapons might be States is reserving the right to rapidly in- United States is on a path from 40,000— employed, the report discussed the sort of crease its nuclear forces has been an impor- and I can’t give you the classified num- force that might be needed. The Bush admin- tant concern for Moscow, which has pressed ber but I can tell you it is 5,000 or less. istration has said that it plans to reduce Washington to agree to binding limits and That is point No. 1. strategic nuclear weapons to between 1,700 even destroy some of its warheads. Point No. 2: The pit—the plural and 2,200 warheads, a big reduction from the The Responsive Force, the Pentagon report ‘‘pits’’ is not a very nice sounding 6,000 or so nuclear weapons that the United says, ‘‘retains the option for the leadership word—is an absolutely necessary incre- States has now. to increase the number of operationally de- mental part of a nuclear weapon. With- Critics of the Bush administration say the ployed forces in proportion to the severity of cuts are roughly the same as those foreseen an evolving crisis,’’ the Pentagon report out a pit, there is no nuclear weapon— by the Clinton administration, which agreed said. As part of this concept, bombs could be none. that future strategic arms treaty should re- brought out of the non-deployed stockpile in The United States is not engaged in duce nuclear weapons to between 2,000 and days or weeks. Other efforts to augment the producing new weapons but, rather, is 2,500 warheads. While the reductions pro- force could take as long as a year. seeing to it that we make sure what we jected by the Bush administration seem To maintain the nuclear infrastructure a have will work. That is called science- deeper, the Pentagon has changed the rules number of steps are planned. The Pentagon based stockpile stewardship, which for counting nuclear weapons and no longer says that an ‘‘active’’ stock of warheads counts bombers or nuclear missile sub- should be maintained which would incor- means about 6 or 8 years ago we voted marines that are in the process of being porate the latest modifications and have the to have no more nuclear underground overhauled. key parts. testing. There is nothing in this Adding new detail to previous briefings, The report says that the United States amendment that says we are going to the Pentagon says that its future force needs a new capability to produce plutonium break that. If it was, we would be up structure will have the following compo- ‘‘pits,’’ a hollow sphere made out of pluto- here arguing that we are here to break nium around which explosives are fastened. nents. By 2012, the United States will have 14 the agreement that the United States Trident submarines with two in overhaul at When the explosives go off they squeeze the one time. They will be part of a triad that plutonium together into a critical mass, has. The Senate voted, then the House will include hundreds of Minuteman III land- which allows a nuclear explosion. The Pen- followed, and the President signed. It based missiles and about 100 B–52 H and B–2 tagon said the production of Tritium for nu- was Mark Hatfield who offered the bombers. clear warheads will resume during the fiscal amendment. It passed here as a con- ‘‘This will provide an operationally de- 2003 year. sequence. ployed force of 1,700 to 2,200 strategic nuclear Another sensitive political point involves We are not involved in underground warheads and a wide range of options for a the report’s discussion of the United States moratorium on nuclear testing. The Bush ad- testing. I repeat: We are not involved. responsive force to meet potential contin- This amendment would strike a pro- gencies,’’ the report says. ministration has refused to ratify the Com- But the Pentagon report said that nuclear prehensive Test Ban treaty, but says it has vision—let us take them one at a planning is not merely a question of num- no plans yet to resume nuclear testing. But time—that says over there in Nevada bers. The Pentagon also wants to improve the report suggests that it might be nec- there is a great operation wherein we existing nuclear weapons and possibly de- essary to resume testing to make new nu- used to do underground testing. It is velop new ones. clear weapons and ensure the reliability of huge. It is complex in nature. We said The report cites the need to improve existing ones. ‘‘While the United States is making every in the Senate when we put our blood on ‘‘earth-penetrating weapons’’ that could be the line, no more testing. That is a used to destroy underground installations effort to maintain the nuclear stockpile and hardened bunkers. According to a secret without additional nuclear testing, this may vote far from unanimous. We said, we portion of the Pentagon study, more than 70 not be possible in the indefinite future,’’ it will always keep that Nevada desert nations now use underground installations. said. test site ready for tests. It notes that the only earth-penetrating Mr. DOMENICI. Mr. President, can Did we say that because we planned a weapon that exists is that B61 Mod 11 bomb we get the yeas and nays? new generation of nuclear weapons? Of

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11442 CONGRESSIONAL RECORD — SENATE September 15, 2003 course not. We said that because there funding at Los Alamos to see if we can ance problems on aging stockpiles as is a huge risk to America in the make a pit. I regret to say it has been they arise. The Senate bill does that. science-based stockpile stewardship as one terribly tough job. I cannot state The Nuclear Posture Review suggests a method of assuring the validity of today—and I know as much as any- we should keep our nuclear scientists our nuclear weapons. There are sci- one—whether they have produced one engaged and thinking about the nu- entists in America who at their own that meets all the test requirements. clear stockpile of the future and what expense would come and tell us it will Frankly, it is the only place in Amer- it should look like. Might I repeat, the not work. In a few years, you will not ica that if tomorrow we said, Get a pit, Nuclear Posture Review suggests we know whether your weapons will work we need to replace one, one of our should keep our nuclear scientists—the or not. That is why we said, keep Ne- nukes needs a new pit, it is the only greatest in the world, excited about vada ready. place to look to. What in the world is their work, living at one of three great All this amendment says—and it is wrong with an administration that laboratories—engaged and thinking high time; we should have done it 4 or says the time has come to build a man- about what the nuclear stockpile of the 5 years ago—spend a little bit of ufacturing center for pits? future should look like. money, less than $20 million, and begin The good Senator from California It does not commit us to build any to make the Nevada Test Site ready so ties it into the fact that she thinks it new weapons. And there is no money in instead of taking 3 years to get it is for a new generation of nuclear this bill to build new weapons. Let me ready for a test, we get it ready in 18 weapons. Where is the authority to repeat, there is no money in this bill to months. That is all it says. build a nuclear weapon? Read this law build new weapons. It suggests that our Incidentally, Senator FEINSTEIN, we we are funding and tell me where there scientists should remain flexible, that are both worried about our grand- is authority to build a new nuclear we should not have to have them wor- children. We probably cannot decide weapon. This Senate would have to ried all the time whether thinking who loves our grandchildren more. At stand up and vote to build a new nu- about certain aspects of a nuclear this time in my life, I have twice as clear weapon. Believe you me, it would weapon of the future is a violation of many plus three, so if you are worried be a bigger day of debate than this par- the law or not. about your five, I am worried about my ticular afternoon in the Senate. It They should be permitted to think 13. But I am clearly not worried that would be a red-letter day when the about—based upon what we have this amendment, the language you are United States sends to the Senate floor learned, what we know about both our striking, this funding, has any chance a proposal to build more nuclear weap- friends and our enemies and war so far, of harming my grandchildren. That is ons. And it is not this day. That is not and what people are creating in the an absolute myth. what we are doing. There is not one world—they should be able to think Does making the Nevada Test Site single word that says we are going to and design and posture, but not build a capable of conducting an underground build a new nuclear weapon. single new weapon, whether it be one test ready in 18 months endanger the So two proposals the Senator is talk- the Senator from California talks children of America? Fellow Senators, ing about in this language, the fear for about in terms of tactical weapons—I there is a valid argument it helps the the future and what we are going to do do not even know where that comes future of our children and America’s to the world: In building pits for the fu- into this thinking. There is no author- future to have it ready on 18 months’ ture we are going to do nothing to the ity for tactical weapons in this bill, in notice instead of 3 years. That part world. They are already wondering why this money, as the Senator in the chair does not belong in this amendment and we have not built them. That is what knows. There was nothing in the au- should not be stricken. It should be in others are wondering. They are asking, thorizing committee that said that. this bill. We should make Nevada mod- What is the matter with America? There is much more to say, but I be- ern so if we need it, we use it, not 3 We want to begin a plan. I am not lieve I have done my best, in a few mo- years after we decide we need a test be- sure when they bring the plans that I ments, to dispose of the idea that cause we have some idea there is some- am going to agree to as big a plant as America is on a path that will cause thing amiss in some of our weapons they want. Maybe we will build a little the world to start rebuilding new nu- which are 35, 40, and 45 years old. Our plant. But this says, begin the planning clear bombs in anyone’s stockpile to nuclear weapons are that old. And we and designing. It provides not one react to our improving the Nevada are saying, they will work. We used to penny for construction, nor does it de- weapons site. The idea that any coun- test them. But now we have these great cide where this place to build pits will try is going to react by saying, ‘‘We are scientists and the laboratories—two of be. Do they need it now? It could wait. going to go do something now and them in my State—and they are doing But we have been waiting pretty long— build more bombs because they are get- it by assimilation. And they are say- for 9 years, maybe 10. The planners ask ting Nevada ready,’’ is an absurdity. It ing, we think they will work. what is going on, why can’t we build has no logic to it. Then the Senator talks about the one? We keep asking scientists to build We should never have let it go to 3 planning or a plant to manufacture it at Los Alamos, but that is not a pro- years. That is what it takes to get pits for the nuclear weapons. Fellow duction center. They do not have the ready to test one there—not test a new Senators, we need to manufacture pits facilities. They have built the facilities one, to test one we have, to test one if for the weapons we have, not the weap- and I have seen them. It is more like a science-based stockpile stewardship ons someone is dreaming we will build. science lab than a manufacturing fails. There is nothing in this law that says plant. One could say, let them keep I repeat, the other part of it is we do we will build one additional nuclear doing it that way. I don’t like it and I not want to start planning a design for weapon. Does the Senator know that don’t think anyone planning for the fu- a manufacturing center for pits in an every country which has nuclear weap- ture thinks it is a very good idea to inventory which would then make ons has spare pits, extra pits, to make plan for our future in terms of replace- America have an inventory of spare sure they will never run short—except ments at Los Alamos. parts like other countries do instead of one country. This country. We have no That leaves the part of this amend- being the only one without them. spare pits. I don’t want to infer it is ment wherein we agreed with the Sen- Now, if you finish those two, and the end of the world. It is just a fact. ate. We already voted in this Senate on then you argue the one that wants to For those who think we could make a these issues. We voted affirmatively in give these engineers and scientists au- new nuclear weapon and break all our the Senate on these issues in the armed thority to think about what weapons agreements, they have to know right services authorizing bill. We already might look like in the future, you have now we do not have a spare pit to put voted on every one of these issues. The the whole substance—the cake, the in a nuclear weapon. And the world nuclear posture review suggested the strawberries. Everything that goes knows it. credibility of our nuclear deterrence is with it in this amendment is encap- Senator DOMENICI is not giving any dependent upon flexibility and adapt- sulated in those three ideas. secrets to anyone. It is a truism. For 8 ive production complexes, ones that Now, I have argued with many Sen- years we have been fooling around with would be able to fix safety or perform- ators. I have been in the Chamber on

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11443 many issues. I have respect for some, speak on this amendment. At an appro- are so willingly generous to give up great respect for others. The Senator priate time—I have made some notes— some time. from California is among those for I would like to respond to him. But I do I don’t intend to take an undue pe- whom I have great respect. But in this not want to delay everybody else. riod of time, but it is typical of the instance, the conclusions that have Mr. BYRD. Mr. President, I am going Senator from West Virginia, his cour- been drawn with reference to what is in to speak on another subject, and I do tesy and his respect for the institution, this bill, and what was proposed by the not want to interfere with the discus- to permit us to make a presentation on review people of the United States who sions on this amendment. an extremely important matter. I review our nuclear posture, are just Does the Senator from Massachusetts thank him very much. not so, plain and simple. wish to speak on this same subject? Mr. BYRD. I thank the Senator. I think the Senate should not follow Mr. KENNEDY. Yes, I would like to Mr. KENNEDY. I am not surprised, the House. The House, for some reason, do so. This is an amendment offered by but I am always impressed with the decided to spend this money on water Senator FEINSTEIN and myself dealing spirit with which the Senator respects projects. That is fine. with the development and testing of this institution and an individual I say to the Senator, we would like nuclear weapons. Member’s ability to raise important $40 million more for water projects. Mr. BYRD. All right. Does the Sen- matters to make the case which Sen- But this Senator is not going to prevail ator from Arizona wish to speak on ator FEINSTEIN and I are making this and preside over a committee, because this subject also? afternoon. Mr. BYRD. I thank the distinguished we are short of water money, that All right. Mr. President, inasmuch as I have Senator. looks at these projects in the wrong Mr. KENNEDY. Mr. President, we the floor, I would like to propound a way and then, in the end, says: Well, live in a dangerous world, and the unanimous consent request. we will have $21 or $24 million more for greatest danger of all is still the dan- The PRESIDING OFFICER. The Sen- you House Members’ water projects. ger of nuclear war or the use of a nu- ator may proceed with his request. Not this Senator. We will put it right clear weapon by a terrorist group. We Mr. BYRD. Mr. President, I ask unan- here. This is what this money ought to know that terrorists are still plotting imous consent that when the four Sen- be for. each and every day to find new ways to ators on the floor at the moment, other We are going to vote on this bill. We kill Americans. are going to vote sooner rather than than I, finish their discussions on this The United States has a responsi- later. Hopefully, Senators will see it amendment, I be recognized. I make bility to do what it can to make this a like they saw it before. A substantial that request. Now, what I am saying is, safer world—not as a lone ranger, not majority voted yea on the authorizing when Senator DOMENICI, when Senator as the world’s policeman, but for our bill to do this. We came along in an ap- KYL of Arizona, when the Senator from national security, and for the prin- propriations bill and said: The Senate California, Mrs. FEINSTEIN, and the ciples of freedom and democracy that told us to do this. Senator from Massachusetts, Mr. KEN- make our country what it is. We voted for it. So we have done NEDY, have finished their colloquies, We can’t afford to let our own policy what the Senate asked us to do. their discussions, or their statements, help ignite a new nuclear arms race. At I hope the Senate will say: Having that I then be recognized to speak on the very time when we are urging other done what we asked you to do, we will another subject. nations to halt their own nuclear weap- leave the money that you put in to do The PRESIDING OFFICER. Is there ons programs, the administration is what we asked you to do. We will leave objection? rushing forward to develop our own it right there. We won’t put it on the The Senator from New Mexico. new nuclear weapons. debt or put it in water projects. We will Mr. DOMENICI. Mr. President, re- This bill contains $6 million for the put it right where you asked us to put serving the right to object, let me just development of the so-called ‘‘mini- it. talk with the Senator for a moment. nukes’’, and $15 million for the so- With that, I yield the floor. That means I have a chance for re- called nuclear bunker-buster. They The PRESIDING OFFICER. The Sen- buttal? want to speed up the testing of nuclear ator from West Virginia. Also, I say to the Senator, I wanted weapons, and select the site for a new Mr. BYRD. Mr. President, has the to tell you—I am not sure if you pit facility—a factor for new nuclear Pastore rule run its course? knew—the yeas and nays have been or- warheads. The PRESIDING OFFICER. It has dered on this amendment, and I assume These provisions demonstrate the not. you are going to debate an issue unre- dangerous new direction of our nuclear Mr. BYRD. How long will it require lated to this. How long might we ex- weapons policy. They continue the go- to do so? pect you to speak? it-alone, damn-the-torpedoes approach The PRESIDING OFFICER. It will Mr. BYRD. I would suspect that my to the delicate balance of international run its course at about 5:30. speech would require an hour. arms control in today’s world. Mr. BYRD. Five thirty. Very well. Mr. DOMENICI. An hour? By passing this amendment, we can Mr. DOMENICI. I ask the Senator, Mr. BYRD. Yes, sir. demonstrate that we are not embark- what was the question? I am sorry, I The PRESIDING OFFICER. Is there ing on this reckless new nuclear policy. did not hear it. objection? It makes no sense for us to tell other Mr. BYRD. I made a parliamentary Mr. DOMENICI. I have no objection. nations to ‘‘Do as we say, not as we inquiry of the Chair. It has nothing to The PRESIDING OFFICER. Without do.’’ We must do a better job of leading do with what you are saying, your ar- objection, it is so ordered. the way in reducing reliance on nuclear gument or hers. Mr. BYRD. I thank the Chair and all weapons and honoring our commit- Mr. DOMENICI. OK. Senators. ments to international arms control. Mr. BYRD. I want to speak on an- The PRESIDING OFFICER. The Sen- The House bill takes this approach, be- other subject. That is what I want to ator from Massachusetts. cause it prohibits the use of funds for do. Mr. KENNEDY. Mr. President, I the development of low-yield nuclear Mr. DOMENICI. OK. thank my friend and colleague from weapons and nuclear bunker busters. Mr. BYRD. Mr. President, I have the West Virginia for being typically cour- There’s a reason why arms control floor, do I not? teous to the Members offering this has been such a key element of our for- The PRESIDING OFFICER. Yes. amendment and also being courteous eign policy and defense policy over Mr. BYRD. May I inquire of the dis- to the consideration of this issue which many decades. Last month, an infuri- tinguished Senator from California if is of central importance not only to ated gathering took place in Hiroshima she wishes to respond in any way to the this appropriations bill but also in to honor those who died there in 1945. Senator from New Mexico? terms of the whole question of security The world knows the massive devasta- Mrs. FEINSTEIN. I thank the Sen- for our country. We don’t find too often tion that a nuclear weapon can un- ator from West Virginia. I would. But I where our colleagues and friends wait leash. Since 1945 nuclear weapons have know Senator KENNEDY has come to their time here on the Senate floor and never been used again in war.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11444 CONGRESSIONAL RECORD — SENATE September 15, 2003 Yet, this year on the anniversary of from 7,500 tactical warheads to less Some say these efforts on arms con- those tragedies, the Bush Administra- than 2,200. But while they plan for trol have not prevented the spread of tion’s Strategic Command held a secret these reductions, the Department of nuclear weapons. But look at the past meeting in Nebraska at Offut Air Force Energy continues to ask for funding 15 years; South Africa, Belarus, Base to discuss the plan for a new gen- sufficient to support the stockpile lev- Kazakhstan, and the Ukraine—the eration of nuclear weapons. They els set by the START I Arms Control world’s third largest nuclear power— barred congressional staff from the Treaty in 1991 a level set before the fall renounced the use of nuclear weapons meeting. Their nuclear policy is being of the Soviet Union. If we build 500 plu- and joined the Non-Proliferation Trea- discussed in the dark, without telling tonium pits a year, it will far exceed ty as non-nuclear states. the American people or our allies what the number needed for the current Britain and France ratified the Com- the policy is. stockpile, even if we make the reduc- prehensive Test Ban Treaty. Even The administration disbanded an ad- tions planned by the administration. though the U.S. Senate did not ratify visory committee to the National Nu- The numbers don’t add up. We are esca- this landmark treaty, every signatory clear Security Administration with lating the nuclear arms race, not re- and ratifier has obeyed the spirit of the membership that ranged from James ducing it. treaty and not tested nuclear weapons. Schlesinger to Sidney Drell. Obviously, These actions demonstrate the ad- The United States and Russia have re- the administration is not interested in ministration’s contempt for the Nu- moved thousands of nuclear weapons what some of the best minds in our clear Non-Proliferation Treaty, the from alert status, reduced the number country and the world have to say foundation of all current global nuclear of weapons, and coordinated in pro- about nuclear policy in today’s world. arms control. The Non-Proliferation tecting nuclear materials from theft. It’s wrong to begin a new nuclear arms Treaty, signed in 1968, has long stood Without this amendment, we turn race by designing, building, and testing for the fundamental principle that the our backs on five decades of progress in new weapons. world will be safer if nuclear prolifera- reducing the threat we and the world The administration wants to lift the tion does not extend beyond the five face from nuclear weapons. Some in 1993 statutory ban imposed on devel- nations that possessed nuclear weapons the administration argue that in to- oping ‘‘mini-nukes.’’ But these weap- at that time—the United States, Great day’s world the yield of the nuclear ons are far from the type of small, sur- Britain, the Soviet Union, China, and weapons in our current arsenals is so gical-strike weapons that the name France. It reflected the worldwide con- immense that our enemies know that suggests. They will not keep us safer or sensus that the greater the number of we will never use them. They argue more secure. Mini-nukes are a dream nations with nuclear weapons, the that these massive nuclear weapons come true for rogue regimes and ter- greater the risk of nuclear war. have no deterrent value against many rorists, and a nightmare for every The Non-Proliferation Treaty has of today’s adversaries and that we need other nation on Earth. Just one of clearly prevented a worldwide nuclear smaller, more ‘‘usable’’ nuclear weap- these weapons, carried by a terrorist in arms race. Since the treaty was signed, ons to make deterrence more credible. a suitcase, can devastate an entire only five additional nations acquired In fact, if we start treating nuclear city. A five-kiloton weapon would be nuclear weapons, and out of them weapons as just another weapon in our half the size of the Hiroshima bomb. South Africa later got rid of them. arsenal, we will increase the likelihood Some claim that these weapons are Israel, India, and Pakistan never of their use—not only against our ad- needed against deeply buried, hardened signed the treaty. North Korea signed versaries, but also against ourselves. bunkers. But current technology will it in 1985, but withdrew from it last We would be dangerously blurring the allow such a warhead to burrow only year. line between nuclear and conventional fifty feet into the ground or less. Deto- The Bush administration’s policy weapons, and tear down the firewall be- nating even a one-kiloton weapon at jeopardizes the entire structure of nu- tween these weapons that has served us that depth would create a crater larger clear arms control so carefully nego- so well in preventing nuclear war in than the World Trade Center, larger tiated by world leaders over the past the entire half-century since World than a football field. It will spew a mil- half century, starting with the Eisen- War II. lion cubic feet or radioactive dust into hower administration. As Secretary of State Powell said the atmosphere. Imagine what a five- The history of those years is still last year, ‘‘Nuclear weapons in this day kiloton blast would do. vivid in our minds. I was 13 years old and age may serve some deterrent ef- Not only is the Bush administration on that fateful day in August 1945, fect, and so be it, but to think of using developing their new nuclear weapons, when a B–29 bomber named ‘‘Enola them as just another weapon in what it’s also rushing to test them. As Dep- Gay’’ dropped the first nuclear weapon, might start out as a conventional con- uty Assistant Secretary of Defense, ‘‘Little Boy,’’ over Hiroshima. More flict in this day and age seems to me to Fred Celec said in 2003, if you, ‘‘design than four square miles of the city were be something that no side should be a new nuclear weapon . . . you will instantly and completely destroyed. contemplating.’’ probably have to have a nuclear test.’’ More than 90,000 people died instantly. It is difficult to believe that these In fact, the administration coupled Another 50,000 died by the end of that new types of nuclear weapons serve any its request to design their nuclear year. Three days later, another B–29 rational military purpose. As we saw in weapons with a request to speed up the dropped ‘‘Fat Man’’ over Nagasaki, the first Persian Gulf war and again in time it would take to test them. killing 39,000 people and injuring 25,000 the war against Iraq, precision-guided No one questions the safety of our more. conventional and stand-off weapons nuclear stockpile. This accelerated test In 1957, when the Soviet Union serve us incredibly well. How could readiness is not needed to preserve our launched Sputnik, it became clear that low-yield nuclear weapons be any more existing arsenal. The only reason for two oceans could not protect us from a effective than the precision-guided con- rushing to achieve the shortest pos- nuclear attack at home. ventional weapons? And their radio- sible testing time is to test new kinds The Cuban Missile Crisis of 1962 active fall-out would be far more dan- of nuclear weapons. showed the entire world how close it gerous to our ground troops and to ci- Consistent with this goal, the admin- could come to catastrophe, and gave vilian populations. istration has also requested funds to supreme urgency to nuclear arms con- Our goal is to prevent nuclear wars, design a large-scale production facility trol. not start them. I urge my colleagues to for plutonium pits, which are factories In 1968, the Non-Proliferation Treaty approve the Feinstein-Kennedy amend- for new nuclear warheads. The admin- was signed in Moscow, London, and ment, and say ‘‘no’’ to any such fateful istration wants a facility able to Washington, DC, and went into full ef- step on the road to nuclear war. produce 500 of these pits a year, a level fect in 1970. For the next 20 years, the I wanted to thank my good friend that far exceeds what is needed to United States and the Soviet Union ne- and colleague from California for her maintain the current stockpile. gotiated a series of landmark treaties presentation earlier this afternoon and The administration claims that it is to keep the world from blowing itself also for her eloquence when we ad- reducing its current nuclear stockpile up. dressed this issue earlier in the session.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11445 She has reminded us in this body about rorism, we are finding ourselves in a sources and attention to a series of new ini- how this administration has been situation where the administration tiatives. evolving its whole nuclear policy with wants to alter that policy in terms of What they are saying is, shouldn’t we very subtle changes, moving us in a development and testing. Mininukes— certify before starting this program? very dramatic and different direction and there is really no such thing as a Shouldn’t we certify to its safety? than has been generally embraced over small nuke; a nuke is a nuke. It is no There are just a few reasons to do that. the period of the last 50 years. different by nature, disposition, and its I am going to bring up the Rocky Flats What she has commented on, and capability. Those who have served in plant northwest of Denver. what troubles me and, I think, increas- the military are familiar with a great Fourteen years ago, this plant, which ingly Members of the Senate at these deal of information regarding nuclear had produced pultonium pits, sank per- hearings that have been held, by and weapons. Our present Secretary of manently into a multibillion-dollar large under security conditions and not State wrote a book and included the cesspool of contamination, criminality, in the broad daylight for public debate comments I stated. As a former mili- and managerial incompetence. I am and discussions—I think, hopefully, as tary officer, he understands this. At a quoting from an article in the bulletin of Atomic Scientists: a result of these discussions and the time, frankly, when we are unsurpassed understanding we have developed here, in terms of our military capability, Not to worry says, the Department of En- ergy, Rocky Flats II will have all the nec- and has been particularly well devel- why in the world do we want to develop oped—I think in the House of Rep- essary equipment for suppressing plutonium small conventional systems which will fires that regrettably cannot be totally resentatives by many of those on both trigger other countries to do that. eliminated, but whose frequency and sever- sides of the aisle, I might add, Repub- That could compromise what we have ity can be reduced, and even planned for, in lican and Democrat alike, who have ex- today in terms of our military and our the structural and process designs. amined this in considerable detail, Armed Forces. This keeps getting mixed up. We al- they have reviewed this and made a There is one modern military force in ready have $2.3 billion appropriated for very strong recommendation we not the world, and it happens to be the a pit facility at Los Alamos, and that move in this direction. United States. We have to keep it that facility will begin producing 20 pits per I don’t think anyone can say our way. Why put at risk that advantage year in 2007 and can be equipped to House colleagues have been negligent with the proliferation by other coun- produce as many as 80 pits per year and in assuring that we were going to de- tries of small useful nukes—I think can be further enlarged to produce 150 velop the kinds of defense systems and that is unwise—as well as the dangers pits per year. At what are we throwing also the defense capability to ensure it would pose in terms of the growth of this money? How big does this thing the protection for our national secu- terrorism. have to get? That is what is going on in rity. I yield the floor. this. It may be that Los Alamos is hav- As shown on this chart, we review The PRESIDING OFFICER (Mrs. ing trouble with it. I don’t know. But I very briefly the half century of arms MURKOWSKI). The Senator from Cali- do know this: Throwing money at it is control. Going back over the period of fornia. not the solution. time, in 1963 there was the Partial Test It might be useful to put the entire Ban Treaty, and there was the Non- Mrs. FEINSTEIN. I thank the Chair. Madam President, I very much thank report language in the RECORD. I ask proliferation Treaty in 1970. We also unanimous consent to print the report see the SALT and ABM Treaties, and the distinguished Senator from Massa- chusetts for his remarks. I appreciate language in the RECORD. also SALT II. These are all efforts by There being no objection, the mate- very much his leadership and support both Republicans and Democrats to rial was ordered to be printed in the on this issue. I want to make some move us away from the real dangers of RECORD, as follows: nuclear confrontation and nuclear war. comments in response to the chairman’s comments. FUNDING, HOUSE LANGUAGE ON NEW NUCLEAR As we remember, a number of years WEAPONS AND NUCLEAR TESTING, SEP- The first is, on July 16, the House ago we talked about the ‘‘nuclear win- TEMBER 12, 2003 ter’’ as well. We have seen enormous published their report. I would like to The Senate is currently considering the progress that has been made and great read excerpts from the House Energy Energy & Water Appropriations bill. On leadership by both Republicans and and Water Development Appropriations Tuesday, Senators Feinstein and Kennedy Democrats. Many of our colleagues in Act into the RECORD because I think it will offer an amendment to reduce and re- sets some things straight: strict funding for specific nuclear weapons the recent past, such as Senators Rich- budget items. Details on what has already ard Lugar and Sam Nunn, with the de- Before any of the existing program goals have been successfully demonstrated, the transpired are below. velopment of the Nunn-Lugar provi- [Dollars in millions] sions, tried to get those countries that Administration is now proposing to spend millions on enhanced test readiness while have been willing to sign on and move Adminis- Senate maintaining the moratorium on nuclear tration House approps us away from the dangers of nuclear testing, aggressively pursue a multi-billion request action action proliferation, to get help and assist- dollar Modern Pit Facility before the first Robust Nuclear Earth Penetrator ... $15 1 $5 $15 ance from the United States to help production pit has even been successfully Advanced Weapons Concepts ...... 6 ...... 6 them achieve that goal. Now we have a certified for use in the stockpile, develop a Enhanced Test Site Readiness ...... 24 .8 ...... 24.8 very different direction. robust nuclear earth penetrator weapon and Modern Pit Facility ...... 22 .8 10 .8 22.8 Finally, we have these statements begin additional advanced concepts research 1 The Committee directed that the DOE use the $5 million to work with on new nuclear weapons. It appears to the the DOD ‘‘to maximize the dual-use applicability for both conventional and made by the administration. Fred nuclear weapons.’’ Celek said: Committee the Department is proposing to rebuild, restart and redo and otherwise exer- EXCERPTS FROM THE HOUSE ENERGY AND If a nuclear bomb could be developed to cise every capability that was used over the WATER DEVELOPMENT APPROPRIATIONS ACT, penetrate rock and concrete and still ex- past forty years of the Cold War and at the 2004—HOUSE REPORT 108–212 plode, it will ultimately get fielded. same time prepare for a future with an ex- The Committee provides $5,000,000 for I have a bias in favor of the lowest usable panded mission for nuclear weapons. Nothing RNEP and eliminates funding for additional yield because I have advised the use of that in the past performance of the NNSA con- advanced concepts research in favor of high- which will cause minimum destruction. vinces this Committee that the successful er priority current mission requirements. We are basically talking about an ef- implementation of Stockpile Stewardship The Committee is concerned the NNSA is fort that recognizes a very important Program is a foregone conclusion, which being tasked to start new activities with sig- part of our history—Republicans and makes the pursuit of a broad range of new nificant outyear budget impacts before the Democrats—to move us away from nu- initiatives premature. Until the NNSA has Administration has articulated the specific clear proliferation, and the United demonstrated to the Congress that it can requirements to support the President’s an- States has been a leader. Other coun- successfully meet its primary mission of nounced stockpile modifications. Under cur- maintaining the safety, security, and viabil- rent plans, the NNSA is attempting to mod- tries have been willing. That has been ity of the existing stockpile by executing the ernize the industrial infrastructure of the the result of 50 years of work of Repub- Stockpile Life Extension Program and weapons complex and restore production licans and Democrats. Science-based Stewardship activities on time plant capability in order to refurbish the en- Now, in a world of increased tension, and within budget, this Committee will not tire START I stockpile, reengineer the Fed- in many respects as a result of ter- support redirecting the management re- eral management structure of the complex

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11446 CONGRESSIONAL RECORD — SENATE September 15, 2003 and downsize the workforce by 20 percent by That is exactly what I have been say- prove existing nuclear weapons and the end of fiscal year 2004, while struggling ing. That is exactly what we are doing. possibly develop new ones. The report to successfully demonstrate its core mission We are sending a message we are doing cites the need to approve earth-pene- of maintaining the existing stockpile through the Stockpile Stewardship Program. it and, believe me, others will follow trating weapons. In general, the Pen- Before any of the existing program goals suit. tagon report stresses the need for nu- have been successfully demonstrated, the Then he went on and said: clear weapons that would be more easy Administration is now proposing to spend We should be concerned about the develop- to use against enemy weapons because millions on enhanced test readiness while ment of weapons of mass destruction even in they would be of variable or low yield, maintaining the moratorium on nuclear the case of low-yield weapons, the foreign be highly accurate, could be quickly testing, aggressively pursue a multi-billion minister said in an interview to be published targeted. dollar Modern Pit Facility before the first in the Austrian daily Die Press on Friday. It is going on. No matter how one Muhammad el-Baradei, the head of the Inter- production pit has been successfully certified wants to cloak advanced weapons con- for use in the stockpile, develop a robust nu- national Atomic Energy Agency, accused the clear earth penetrator weapon and begin ad- United States last week of effectively break- cept designs, it means new nuclear ditional advanced concepts research on new ing a ban on the proliferation of weapons of weapons, and that is what we are nuclear weapons. It appears to the Committee mass destruction through its research on so- doing. We are breaking a 60-year tradi- the Department is proposing to rebuild, restart, called mini-nukes. tion. We are going to move up testing. and redo and otherwise exercise every capability The chairman says there is no re- Testing does not need to be moved up. that was used over the past forty years of the search going on regarding mininukes. Why do they want to move up testing Cold War and at the same time prepare for a fu- Then why did we repeal the Spratt- to the basic minimum time possible ture with an expanded mission for nuclear when the experts say it is not possible weapons. Nothing in the past performance of Furse language that for 10 years pre- the NNSA convinces this Committee that the vented the development of mininukes? to do it in 18 months? successful implementation of Stockpile Steward- Why did we do it if we were not going Now, you can believe that we can be ship program is a foregone conclusion, which to build it? This is the deception. This fairly assured by the fact that we spend makes the pursuit of a broad range of new ini- is the covert nature of these programs. $400 billion a year on our defense, more tiatives premature. Until the NNSA has dem- I do not doubt that we are building than every other nation on Earth com- onstrated to the Congress that it can suc- them. bined; that maybe ought to give us an cessfully meet its primary mission of main- To say this is not happening really element of security; but I think to taining the safety, security, and viability of open this door, to walk through a nu- the existing stockpile by executing the bothers me. If my colleagues do not be- Stockpile Life Extension Program and lieve it is happening, reread the Nu- clear door, to propose that we are Science-based Stewardship activities on time clear Posture Review. Every Member going to begin to develop low-yield nu- and within budget, this Committee will not has access to the classified version of clear weapons and nuclear bunker bust- support redirecting the management re- the Nuclear Posture Review which ers sets an example for the world. They sources and attention to a series of new ini- came out in January of 2000. They can read the Nuclear Posture Review. They tiatives. (Emphasis added.) read the unclassified version. For these read the Washington Post. They read Mrs. FEINSTEIN. I thank the Chair. purposes, I am going to quote from the the French press. They read the Madam President, it may be useful to New York Times of March 10. This is speeches. They know what is hap- think for a moment—the chairman about the Nuclear Posture Review. pening. So we are setting an example started me thinking. He asked the It stresses a need to develop earth- for other nations. We say all the time question: Why did we need 40,000 nu- penetrating nuclear weapons to destroy that we do not want to proliferate, and clear weapons? The answer is we didn’t. heavily fortified underground bunkers, we are encouraging proliferation by Now 40 years later, we are left with including those that may be used to our own actions. Forty thousand nu- enormous problems: 40,000 nuclear store chemical and biological weapons. clear weapons, I guess 45 years ago or weapons which this country entered Now I am quoting from parts of the 40 years later—I bet there is no one in into the study, the research, the de- article. the United States who can say we need sign, and the development of. We could There is a quote again from the Pen- 40,000 nuclear weapons, but we develop blow up this Earth time and time and tagon: This administration is fash- them. They are there. A lot of them time again, obliterate it from exist- ioning a more diverse set of options for have been disarmed. ence. Does anyone think that makes deterring the threat of weapons of We are going to begin now this next sense—40,000? No, because what hap- mass destruction. That is why we are generation. It is wrong. It is morally pens is the economic urge, the paro- pursuing advanced conventional forces wrong. It is wrong for our children. It chial nature of States—all of this takes and improved intelligence capabilities. is wrong for our soldiers who have to over and subliminally, under the radar, A combination of offensive and defen- go on the battlefield. huge weapons systems become devel- sive and nuclear and nonnuclear capa- Take another look at Hiroshima. oped which need to be maintained, se- bilities is essential to meet the deter- Both Senator KENNEDY and I spelled cured, activated, and deactivated. rence requirements of the 21st century. out the number of deaths. If we add It is a crazy system, and we all pat In my mind, what that means is the them all up within a year, I think be- ourselves on the back and think we are smaller nuclear weapons will be built tween Hiroshima and Nagasaki it to- good Americans. Does anybody believe below 5 kiloton. The difference is kind tals 220,000 dead. That is a combination the United States of America needed of blurred between conventional and of a 15-kiloton bomb—what was it, a 21- 40,000 nuclear weapons? But we built nuclear weapons and it makes it easier kiloton bomb at Nagasaki—and we are them. That is what is happening here to use the nuclear weapon on the bat- talking about a 100-kiloton nuclear again. That is exactly what is hap- tlefield. That is what I believe is going bunker buster. pening here again. on. Look at this devastation. This is one We are appropriating money for a $4 Another place states: Adding new de- bomb. I will never forget as a 12-year- billion bomb factory in addition to the tail to previous briefings, the Pentagon old what we grew up with. Children $2.3 billion bomb factory we already ap- says that its future force structure will today have different fears, but what we propriated. If they can’t do it for $2.3 have the following components. By grew up with was the fear of an atomic billion—and I am talking about Los Al- 2012: 14 Trident submarines with two in bomb. That is why the daisy spot that amos run by the University of Cali- overhead at one time. They will be part was used in the Goldwater campaign fornia—if they can’t do it, let’s take a of a triad that will include hundreds of had such an impact because there was good look at the reasons. Minuteman III land-based missiles, 100 a whole generation of young children Other nations know what we are B–52, H and B–2 bombers. That is an who were impacted by it. I was one of doing. The Finnish Foreign Minister, operationally deployed force of about them. Senator KENNEDY is the same just a week ago, commenting on our 1,700 to 2,200 strategic nuclear war- generation. He was one of them. failure to ratify the Comprehensive heads. When we were young, we said: We are Test Ban Treaty, the move sent com- The Pentagon said that nuclear plan- never going to let this happen again. pletely the wrong message to the inter- ning is not merely a question of num- But in the Senate we are letting it hap- national community. bers. The Pentagon also wants to im- pen again. If this Senate does not do

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11447 what the House of Representatives people from what we do have—from her that is indicated by the fact that we does, I think there is a moral degrada- knowledge of the lab directors—that have already appropriated $2.3 billion tion spread over this whole body be- we are able to give them the assurance for this plutonium pit facility at Los cause we will then become the ones that our nuclear stockpile is current Alamos and reportedly this pit facility, who launched the new generation of and capable and ready to meet the test if it is able to be built correctly, can nuclear weapons. if called upon. take care of all of the needs for the Mr. KENNEDY. Will the Senator be Mrs. FEINSTEIN. Through the Chair, foreseeable future. good enough to yield for one or two respectfully, to the Senator from Mas- But this is another $4 billion pro- questions? sachusetts, I think no one can give an gram—that is over 10 years—of which Mrs. FEINSTEIN. Yes. unequivocal statement that our nu- an amount is authorized in this bill Mr. KENNEDY. I saw the photograph clear supplies, plants, et cetera, are un- that we are trying to strike because that the Senator has of Hiroshima. I equivocally safe. I think a lot of steps there is no need for it. I think we have have a chart that gives us a for in- have been taken. tried to lay out the arguments here. stance. If we use a 5-kiloton earth-pen- As to whether they are adequate to This is not an easy issue. I really be- etrating nuclear explosion in Damas- meet any challenge, I have never heard lieve we will probably never have more cus—this is just a for instance, obvi- anyone say they were not. of an issue of conscience in this session ously—and they had the traditional Mr. KENNEDY. I appreciate the dis- than we do in this vote. I think the winds that flow from the east to the tinction the Senator has made. She House of Representatives have given west, it gives the general flowline of gets to the nub of the issue: The ques- their consciences a test and measured where the radioactivity and the dust tion, in other words, is whether we up by eliminating the funds. They said would flow, but we can see roughly it have an adequate stockpile—more than clearly we are not ready to spend these would go from Syria, across northern an adequate stockpile, as the Senator funds in the report language that I Israel through southern Lebanon, just has pointed out. read and put in the RECORD. And the north of Haifa. The best estimates I thank the Senator. This is an issue balance really rests with the Senate. would be 230,000 fatalities and 280,000 of enormous importance and con- I suspect we may be defeated. It will casualties. This is a 5 kiloton bomb. sequence. I share the view of the Sen- be a conferenceable item, and all of I have heard the Senator from Cali- ator that we have many different, im- those who want this new generation of fornia talk about the fact that this is a portant issues that are before Congress nuclear weapons will end up prevailing. mini-nuke, but she has just again re- this year: Obviously, the overarching But I can tell you I don’t want my fin- stated very clearly that there is really issues, the conflict in Iraq and the war gerprint on it. I don’t want to have to no such thing as a mini-nuke. We are on terror, and how we are going to deal say what I have done to my children. talking about weapons that have such with those, as well as other priorities Every bit of information I have ever a massive, distinctive, unique, and spe- to which we are committed. But the received indicates that with the most cial quality that they have such an ex- issue in terms of the security, even as superior conventional weapons forces traordinary danger to all of those who we are thinking about the nature of in the world, and an amount of money are directly affected, and those who terrorism, I think she would agree with spent that is more than that spent by would be indirectly affected well into me, is also related to the whole issue of all of the nations put together, a huge the future. the battle against terrorism, as well, in nuclear arsenal, and the ability to dial So we are looking at these casualties terms of what the potential may be in up or down the kilotonnage of our nu- the Senator mentioned, Hiroshima and the future with the development of clear bombs—my hope is we will con- Nagasaki. We can also look at what the these, what they call mini-nukes, and tinue our commitment to the Nuclear casualties would be with the 5-kiloton what that means in terms of the pro- Nonproliferation Treaty; that we will earth penetrator that went down to 30 liferation issue. not be hypocritical; that we will live feet in depth. We are talking about I thank the Senator for her com- by our words, our statements; if we major devastation that this country, as ments. want other nations not to proliferate; Senator FEINSTEIN has said so elo- Mrs. FEINSTEIN. I thank the Sen- that we will see that we do not develop quently, has never accepted—through ator from Massachusetts. The Senator the mechanisms by which proliferation Republican and Democratic control; was not in the Chamber. But the chart is incentivized or carried out. this has not been a partisan issue over I used was of a predicted radioactive a long period of time. fallout from a B61–11, the 300-kiloton So I think this is a very big vote. I Let me just ask the Senator a final explosion in west Pyongyang, North really hope the Members of this es- question that is the question I think Korea, using historical weather data teemed body will vote yes to strike the all Americans are wondering about: for the month of May. It is a similar money from this bill. whether we have security of our cur- chart to what the Senator has shown, The PRESIDING OFFICER. The Sen- rent nuclear capacity. This is raised in but it gives the 48-hour dose of radi- ator from New Mexico. discussion and debate. Why should we ation contamination. The possible ef- Mr. DOMENICI. Madam President, ever take a chance, in terms of what fects of radioactive fallout should a nu- Senator KENNEDY is still in the Cham- we do have, in terms of a current capa- clear weapon be used include, possible ber, and he asked a question of the dis- bility? radiation burns; change in blood chem- tinguished Senator from California I have seen and read and heard the istry, hemorrhaging, as well as deaths about the safety of our nuclear weap- directors of the laboratories that have in weeks or months—it is a terrible ons. responsibility for this repeatedly indi- chart to have to look at. Of course, this Senator KENNEDY, once a year, each cate their sense of assurance. They are is an extraordinarily large device, so of three civilian men—it happens in skilled, committed individuals who we are not talking about a bunker this case they are men. I don’t think have dedicated basically their lives to buster. That is 300 kilotons. But that is there has been a woman in charge of ei- ensure the deterrent capability of our the chart that we happen to have. ther of the three nuclear laboratories capacity, in terms of nuclear weapons. I think the thing that bothers me since their inception. But, once a year, They give the assurance to us that we most about this program is that no- three civilians certify to the President can give to the American people that body really knows what is going to be of the United States that, to the best we have the capability and it is cur- produced with all this money. It al- of their knowledge, the nuclear stock- rent. ways happens kind of under the shelf. pile is intact, safe, and reliable. I am just interested, as someone who Then the economics of it become so im- That has been going on for well over has spent a great deal of time on this, portant that there needs to be a con- 60 years. But only 8 years ago, or 9, we because this is an issue that has been tinuation of it. I really suspect that is changed the way those men concluded talked about a great deal even during why we ended up with 40,000 nuclear the weapons were safe and reliable and the course of this debate, whether the bombs—because once you get into it, it ready. Properly or improperly, we said Senator believes she can give assur- just keeps going and keeps rolling; no more underground testing. Prior to ances unequivocally to the American there are constant demands. I think that, every time a certification was

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11448 CONGRESSIONAL RECORD — SENATE September 15, 2003 made to the President, it was predi- down substantially while three or four not a factory. It will not take care of 30 cated upon the single best way to de- new countries are added that I don’t or 40 years of the future. It is a make- termine the validity of a weapon, and think had anything to do with this shift assembly in the city of Los Ala- that was to test it. amendment. Pakistan had nothing to mos as part of the research laboratory. Now we have said let us do it another do with this amendment as they devel- It has been a devil of a job for them to way. Let us send a signal to the world oped their nuclear weapon. I don’t be- manufacture consistent with the need we don’t want to test underground. lieve this amendment has anything to for a plutonium pit for a nuclear weap- This amendment is relevant, which I do with the North Koreans. This on. will tell you about in a moment. amendment says get that site ready in Today we are discussing things which We said to the scientists, How much case we have to test the weapons we we hardly ever discuss. But I believe at money do you need to get the best own. 10 minutes of 5 on the 15th day of Sep- equipment, including new equipment, We can get up here and talk all we tember on a Monday, if we were au- to determine the validity of the weap- want about America is already building thorizing the building of new nuclear ons without testing? That is called new nuclear weapons, but it isn’t true. weapons, there would be a block of science-based stockpile stewardship. If any Senator stands up here and says Senators on this floor. There would be There are many who do not think it we are making new nuclear weapons steam heat from those who oppose it. will work, that we will have to return and they are just little nuclear weap- The truth is that isn’t what the someday not for a new stockpile, but to ons, I submit they ought to ask any- amendment does. It is not an amend- answer that question we might have to body they want under oath anywhere ment that will build any new nuclear return to testing. in the Government, and the answer will bombs. I know the Senator from Massachu- be we aren’t, we haven’t, and we will I repeat: As important as it is, and as setts has studied these issues, and he is not build a nuclear weapon until Con- magnificent as the Senator from Cali- a very involved Senator. But I spent a gress says we can. fornia is in her presentation on Sep- huge portion of my life learning this. Building a nuclear weapon is not in tember 15, it is not an amendment that We are going through the throes of the this language. Look at it. Look at has anything to do with building or not most incredible kind of research just to every single word. See if it says you building nuclear weapons, for we are determine there is nothing wrong with are going to build one nuclear weapon not authorizing that. It won’t happen the innards of a 40-year-old bomb, or with the money in this appropriations because of what we are doing. And she 30-year-old bomb as we reduce from bill. It in no way permits the building won’t stop it from happening with her 40,000 to 5,000, or less, which is where of a nuclear weapon. It does what I said amendment because it isn’t happening we are now and heading down. about the Nevada Test Site. It says to to begin with. Essentially, the Senator indicated it Yes. The answer is if you follow that our scientists at these laboratories, In is a moral issue. That is an easy term sequence, those men not too long ago the meantime you can study, you can to throw around—a moral issue. I could told the President they are OK. But in research weapons of the future. And it probably say it is a moral issue, also. I this amendment, one portion the Sen- names the kinds of things we might be understand it in stark, objective terms. ator from California strikes is a provi- looking at in the future. sion that could be freestanding and im- I submit that for a great nation to It does not frighten me a bit. As a matter of fact, I am more fright- portant. It has nothing whatsoever to say anything to its scientists but you ened to think of having the scientists do with a new weapons system. It just can do that is absolutely crazy. Do you who have manned our nuclear labora- says bring the test site in Nevada cur- mean we are going to tell these great tories told they cannot think and plan rent so it doesn’t take 3 years if you scientists we don’t know what is going for the future regardless of what their make a decision to use it. One portion to be here in 15 years, but you better great brains say might be around the does that. Instead of letting that sys- not be studying what kind of weapons corner, over the hill, or in some decade tem in Nevada degenerate so that if we are going to need in 15 years be- to come, for these United States. That you need it, it will take 3 years to cause we are scared of that, we think frightens me more and creates more of build it up, part of this amendment that means we are going to build new a moral issue than the issue that is not says move it along so it is only 18 weapons? I don’t believe that. I believe even an issue, to wit, we are building months. they ought to be permitted to study. more nuclear weapons, a new arsenal, If you want to conclude that is in They ought to be permitted to think. and the like. there because we want to build a whole We ought to be wondering about under- It cannot be a moral issue for me be- new system of weapons, you can do ground chemical plants that might be cause a negative can hardly be. If you that. But the truth is it is in there be- building things to destroy the world. I are not doing it, it does not seem to me cause the time has come to get it more see nothing wrong with that. I do not to be an issue, moral or otherwise. relevant to the problems we may be see that as threatening to anyone, for That is how I see it. confronted with in terms of one of it builds nothing. If anything, it builds The Senator suspects we will win. I these directors saying we had better brainpower on the part of the great sci- am not sure. If the Senate has any con- test the weapon. Then we have to wait entists, and that is it. sistency, we should. We already won 3 years. Part of this amendment says The last one about a plant to manu- once. In fact, since then we have no, you will only have to wait 11⁄2 facture pits: This request says that for learned a lot more. But we have re- years. That part should pass under all the next 40 years—40 years—we may duced it to dollars and to programs circumstances. Why the United States need pit replacements from time to that had been authorized. It is easier to House of Representatives said no, I time for our nuclear weapons. That is a see what we are and are not doing in can’t understand. The Senate said yes given. It says let us design the complex this amendment, in this appropriations already, overwhelmingly. to do that. bill, than it was when we voted in favor This amendment would take it out This amendment doesn’t say cut it in of the authorization bill. I am not sure and say leave it at 3 years; let the reli- half, we don’t want you to make it so how it will come out. I am not sure ability kind of lie in wait in case we big. We say send us the plans and we what will happen in the House. I guar- need it to test a weapon; let it be 3 will look at them. This says don’t do antee if the Senate votes to go to con- years instead of 11⁄2 years. it. Why not do it? Every other country ference with the language we have The second part of this amendment: with nuclear weapons has spare pits, I written in this bill that came out of There is no use today on the floor of regret to say. But for us, it doesn’t Appropriations, we will consider it a the Senate in terms of this amendment mean much. Nobody has to be scared. very important issue for America’s fu- to talk about the fact that years ago That doesn’t mean next week or next ture. It will not be easy to give it away we had 40,000 nuclear weapons and the month, but it is something our experts to a House that canceled it and spent Soviet Union had 60,000. Those are true are saying shouldn’t exist too long. the money on water projects instead of numbers. That happened. I am not sure And we are busy trying to build a cou- these issues. That was the outcome. the last number is right, but it is plen- ple in a makeshift manner, to which Mr. KENNEDY. If I could inquire ty more than 40,000. We are on the way my friend from California alludes. It is quickly of the Senator, as I remember,

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11449 we had the support of the Joint Chiefs there is a single member of the Joint That was such a scary thought in the of Staff at that time in 1998 when we Chiefs of Staff, a single expert in the cold war it deterred aggression. considered the comprehensive test ban United States of America on its nu- The question is, Would that same de- treaty. We did not ratify it, but it was clear weapons arsenal, that if asked terrent work? I ask in the case of Iraq, supported. I don’t know, as a member would they prefer that the Nevada Test if Iraq used chemical or biological of the Armed Services Committee, of Site be ready for tests in 18 months or weapons against the United States, any request by the Joint Chiefs of Staff 3 years, would not answer: 18 months; 3 does anyone believe that a credible that they have made, any representa- years is too long. United States threat would have been tion to the Armed Services Committee If you ask me, I will tell you. I be- dropping one of our large massive nu- that they believe our nuclear capa- lieve there is no one who is certain clear weapons over Baghdad, killing bility and capacity is in any way that over time what we are doing is millions of innocent Iraqis? It is not a threatened today. going to work and that we are not credible deterrent. We do have the testing capability. It going to have to go to testing at some So in a world where you have ter- takes anywhere from 24 to 36 months to time. Almost everyone says that. Since rorist organizations and terrorist-spon- move ahead on the tests. I don’t know they say it, I am confident they would sored states, and you no longer have that we know of any requests made by rather have the Nevada Test Site ready the two great superpowers—the Soviet the Joint Chiefs or any chiefs or the in a shorter timeframe rather than Union and the United States—facing Secretary of Defense specifically sug- longer. off against each other, the question is, gesting our capability regarding our I thank the Senator for the question. What kind of a nuclear deterrent nuclear weapons is anything but robust I yield the floor. should we have? and capable now. It is very important Mr. KENNEDY. If the only question, What this amendment would do is we know as we debate this issue. I then, is an issue of timing and upgrad- stop us from even thinking about that. It seems to me we ought to be thinking would be interested in the Senator’s ing the testing to reduce it from 2 about that. And if smaller, more pre- answer to that. years to 18 months or 21⁄2 years, I don’t Second, I understand what has been think we would have an amendment cise weapons could do the job just as done with the separate amendment here. We know that alone does not well, wouldn’t people of good will, who which prohibited the development and show the thrust of what we believe will are concerned about unnecessary testing of mini-nukes, as well as a be permitted with this policy. death, be interested in at least thinking about weapons that would pose a number of provisions in the Spratt I yield the floor. deterrent to an attack but would not amendment in the authorization com- The PRESIDING OFFICER. The Sen- kill as many people, would not kill so mittee. When we get a conference re- ator from Arizona. indiscriminately? port, as a member of that conference, Mr. KYL. Madam President, I appreciate the opportunity to speak on this One of the great lessons from this the conferees understand that issue Iraqi experience is that we now have amendment in support of the Senator will be resolved. The Spratt amend- the capability of delivering weapons from New Mexico and in opposition to ment will no longer be in effect. very precisely. Wouldn’t it be better to So on the one hand the authorization the proponents of the amendment. It seems to me, this amendment do that, even in a nuclear context, committee will eliminate the Spratt than the one we are in now? seeks to put our head in the sand and amendment, which would have actually The Senator from Massachusetts just ignore circumstances around us in the prohibited the development of any- alluded to the great progress made in thing below the 5 kiloton. Now we are vain hope that somehow everyone else precision conventional weaponry. Even on the second phase of this appropria- in the world has as good intentions as that, however, was not sufficient to de- tions process in terms of the Depart- the United States and if we just wish stroy at least one, and I believe some, ment of Energy, and the Senator is hard enough that they will not cause of the bunkers in Iraq. And without saying the money in here cannot be trouble. getting into a lot of detail, let me just used for this development. But it is The amendment says we ought to at say we are well aware that there are clear, as the Senator from California least be thinking about what we would countries in the world that have devel- has pointed out, from the Nuclear Pos- do in the event that we decide our de- oped extraordinarily robust under- ture Review, the debate on the author- terrent was no longer credible enough ground facilities that we are going to ization, and the elimination of the to deter the threats against us. have to take out if we are ever to win Spratt amendment, the continued ef- Everyone supports the idea of a de- a military conflict with them. If we do fort to put the money in mini-nukes, terrent. That includes a nuclear deter- not have the capability of doing that, this is the dangerous direction the ad- rent. That is, frankly, one of the things they have the upper hand. ministration is moving. that kept the Soviets and the United Wouldn’t it make sense to be able to I hear what the Senator has said and States from engaging in a hot war dur- deliver very precisely the kind of weap- the assurances the Senator has given ing the cold war. on that we are asking just to be able to to Members, but I wonder why we can- What we are saying is, sometimes think about here in order to destroy not have more clarity regarding the when things change, you have to think that kind of facility? The conventional legislation. about what that means in terms of weaponry will not do it, as precise as it Finally, I will add with regard to the your defense posture. This is one of is. As the Senator from New Mexico scientists and what they were able and those times. What the amendment pointed out, we are not asking for not able to pursue. As the Senator would do is stop us from thinking money to do it. We are just asking to knows, we had the most extraordinary about it. If you concede we need a nu- allow our scientists to think about upgrading of weaponry, particularly in clear deterrent, you should not propose what would be necessary and what the Iraq situation, particularly on the an amendment that says we cannot would be possible—perhaps maybe not precise guidance and precision bombs. think about it. even necessary but perhaps make rec- We will not take the time in this de- One thing that has changed, we no ommendations to us so we could then bate to review it, but there has been longer face an opponent which, like the act on those recommendations. absolutely extraordinary progress United States, had these huge To this matter of the time, I am glad made in the area of conventional multimega tonnage weapons that were the Senator from Massachusetts per- forces. The scientists have been work- basically conceived, developed, and de- haps conceded the point that if we need ing effectively. That has enhanced our ployed in order to scare the other side to reduce the time necessary to prepare capability. into believing if they ever attacked, we our Nevada Test Site, we should have I am interested whether the Senator would incinerate most of the people in the ability to do that. All of the ex- knows of any Joint Chiefs who believe the other country. These were not perts—the Senator from New Mexico is the nuclear weapon stockpile would re- bunker-busting bombs. These were correct—agree that we should not have quire additional testing? city-killing bombs, bombs that would to wait 3 years to even test a weapon. Mr. DOMENICI. Madam President, be detonated over the opponents’ city, As a matter of fact, one of the prob- let me answer this way: I don’t believe killing literally millions of people. lems is that we do not necessarily

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11450 CONGRESSIONAL RECORD — SENATE September 15, 2003 know whether our nuclear weapons— If North Korea, for example, just should fall into the trap of attempting the existing ones—will work well after speaking hypothetically, believes we to separate research from development. all of these years. And our opponents are serious about preventing them The Senator from New Mexico made do not necessarily know. from acquiring a lot of nuclear weap- the point that nobody is talking here Also, the Stockpile Stewardship Pro- ons and proliferating them around the about producing weapons. And we are gram, which is merely a bunch of com- world, clearly, that must mean we are not. But I hope we do not get to the puters designed to tell us, as best they willing to use our own nuclear weap- point that we are so committed to can, whether they think these weapons ons. They have to depend upon the eliminating U.S. nuclear weapons that will work, is not a perfect system at United States being confident of our we would make a decision that said we all. It is not going to be done for years. nuclear deterrent and being willing to will never develop or, at this point, we It is not at all sure it will provide us use it under certain circumstances. If are going to put a legislative ban on what we need to know. they cannot be confident of that, then the development of any such weapons. But if we have an inkling that one of what incentive do they have, except That would send a very bad signal to our weapons cannot be certified, and their good will, to not develop their nu- countries of the world against which we decide to have a test in order to de- clear weapons? we want to have some kind of nuclear termine whether it can be certified, So far, the idea that we have to not deterrent. It is a little bit like asking right now we are in for a very long pe- develop or even think about our nu- what our exit strategy from Iraq is. We riod of time in which our potential en- clear weapons in order to induce other would like to leave Iraq. But the point emies know full well that we do not countries not to do the same has prov- is, you don’t start signalling before the have full confidence in our stockpile; en an utter failure. And there are other time is ready that we want to get out that we are preparing to conduct tests, countries in the world, whose names I of there as soon as we can or the ter- and obviously the only reason we are could mention, that we believe are also rorists will simply wait us out. You preparing to conduct tests is that we trying to acquire this nuclear capa- want to demonstrate that you are com- do not have full confidence, and we are bility. So our self-imposed moratorium mitted to stay as long as it takes. going to have to test something in of even thinking about these weapons We want to demonstrate to our po- order to see what kind of changes is not doing a very good job of con- tential enemies that we are prepared to do what it will take to defend the would have to be made. And that proc- vincing other countries to do the same. United States. Why would you want to ess would take 3 years. That process Better that we recognize reality, get signal to them that you are going to makes no sense at all. our head out of the sand, and acknowl- put an absolute moratorium on re- Another argument that makes no edge that if we are going to rely upon search and an absolute prohibition on sense at all is that it is important for a nuclear deterrent, we had better be development? That makes absolutely the United States to lead and that it is able to think about it and even, at going to be impossible for us to argue— no sense. some point in the future, be able to do It also ensures that the great sci- how little confidence this shows in the something about it. entific minds that in the past have United States. Can we have confidence Let me just make a couple of quick been willing to work on these projects that we are right? The argument is other points, Madam President. are no longer going to be willing to that we cannot lead if we even think We have made the commitment, sub- come to the National Laboratories of about developing new nuclear weapons; ject to future development, of course, the great prominence we have all been we cannot tell others in the world to to reduce the very large arsenal of our so proud of in the past because there is nuclear weapons, and not just to re- stop developing nuclear weapons as no future in it. They tell us now that duce the number but to reduce the long as we are developing nuclear they are not getting the kind of stu- quantity of the very high megatonnage weapons. dents coming out of the universities Now, that is perverse thinking. When weapons. One of the reasons—well, they were used to. Their manpower, in the Nuclear Non-Proliferation Treaty there are a couple of reasons that are terms of the capability in nuclear test- was entered into, it recognized that relevant here, but one of the reasons is ing, has dwindled to virtually nothing. certain countries in the world, includ- that we do not think we would need If they ever had to go back to a test, ing the United States, had nuclear that kind of weapon in the future be- let alone develop, a nuclear weapon, weapons. This was not a bad thing. In cause we no longer are facing a super- they would have to bring people out of fact, the NPT even called for us to power potential enemy such as the So- retirement who understood how it share our nuclear peaceful technology viet Union. They are also expensive to worked back in the 1960s and 1970s, but with other countries if they would fore- maintain, I might add. And, thirdly, we they would have a lot of difficulty even swear development of their weaponry. know that over time these weapons de- working with the new kinds of mate- We have had a self-imposed morato- teriorate, and at some point we are rials, with the new computer tech- rium now for many years even on the going to want to remove them from our nology and other advancements that testing of any nuclear weapon. Has it arsenal in any event. So we have made we would probably want to incorporate stopped countries from developing nu- that commitment. into any new designs. clear weapons? Has it stopped North Now, which is better? Which is bet- If we are going to entice the best Korea? Apparently not. Is it stopping ter? That we follow through with that minds to think about this, to keep up Iran? No. Did it stop China? No. Did it commitment to remove this large num- with people in other countries that stop India? No. Pakistan? No. ber of extraordinarily powerful nuclear have no compunction about doing this, It looks to me as though the self-im- weapons that may or may not be all we have to send them a signal that we posed moratorium is not very effective. that safe, and think about sub- are not forever going to shut off any And leading the world by saying, ‘‘We stituting, in some cases, much smaller, work in this area. What young sci- are not going to test any weapons, much more precise, much safer weap- entist would want to commit his life’s would you please not test weapons,’’ ons maybe or just keeping those large work to this when there is obviously no has resulted in a whole host of coun- weapons around, hoping they will be future in it? tries, most of which are not our allies, safe, hoping they will not deteriorate, We have to think about these things developing or seeking to develop nu- hoping they will work but, if we ever and not be a Luddite about it, saying clear weapons. That is not a good had to use one, understanding that it there is no problem; we are not going thing. It shows a failed strategy, not a would result in massive casualties? to think about it; we will just shove it successful strategy. It seems to me that the people who under the rug; we are not for progress; If these countries are led to believe really value life would want us to we are for only retaining what we de- that the United States will keep up think in 21st-century terms, not mid- veloped back in the 1960s and hoping it with them, or at least we will not pre- dle-of-the-20th-century terms, in that will work. vent ourselves from thinking about regard. That is very backward thinking. It is keeping up with them, maybe they will Another point: There is a very impor- very dangerous thinking. be a little less likely to develop these tant relationship between research and There are a lot of issues involved in weapons. development, and I do not think we this particular amendment. What it

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11451 boils down to, though, is this: Our first The PRESIDING OFFICER. Without Mr. Murrow, one of the most honored obligation is to ensure the security of objection, it is so ordered. and respected journalists in our Na- the United States. (The remarks of Mrs. LINCOLN are tion’s history, criticized his colleagues One of the pillars of our security is printed in today’s RECORD under for failing in their obligation to the our nuclear deterrent. It must be safe ‘‘Morning Business.’’) people of this country. and it must be workable. It must be The PRESIDING OFFICER. The Sen- ‘‘Our history will be what we make relevant to the new threats we face. If ator from West Virginia is recognized. it,’’ Murrow said. ‘‘If there are any his- we are precluded by this amendment f torians about fifty or a hundred years from even thinking about those things, FCC VOTE ON MEDIA OWNERSHIP from now, and there should be pre- we have done a great disservice to our RULES served the kinescopes for one week of constituents. At a time when we are all three networks, they will find there not at peace but at war with terrorists Mr. BYRD. Madam President, in re- evidence of decadence, escapism, and around the globe and at a time when cent weeks, there has been a great deal insulation from the realities of the we are not the only nuclear power, but of discussion about a June 2 vote by world in which we live.’’ there are all kinds of countries that we the Federal Communications Commis- He continued: ‘‘One of the basic trou- are, frankly, quite concerned about de- sion to lift the lid on media ownership bles with radio and television news is veloping nuclear weapons, countries rules. Under the new regulations, a that both instruments have grown up such as North Korea and Iran and oth- broadcast network can own and oper- as an incompatible combination of ers that I could mention, that is ex- ate local television stations that reach show business, advertising, and news. actly the wrong time to be sending the as much as 45 percent of the Nation. . . . The top management of the net- What does that mean? According to signal this amendment would send; works, with a few notable exceptions, the Consumer Federation of America, that we are going to stick our head in has been trained in advertising, re- television and newspaper mergers will the sand; we are not going to support search, or show business. By the nature be allowed in about 200 markets where scientists thinking about these issues of the corporate structure, they also approximately 98 percent of the Amer- and even potentially recommending to make the final and crucial decisions ican people live. TV duopolies, where us the development of some kind of having to do with news and public af- new 21st century weapons that could one owner owns two television stations in the same market, and perhaps even fairs. Frequently, they have neither better protect our troops, better pro- the time nor the competence to do tect the American homeland, and bet- triopolies, where one owner controls three stations in one market, will be this.’’ ter defeat our enemies who would do us Here we are, almost 45 years later. allowed in more than 160 markets, cov- harm. What would Mr. Murrow think of to- I can’t think of any reason why ering better than 95 percent of the population. day’s media? Would he consider the Americans would want to support that FCC vote a threat to a strong, inde- kind of a policy. Remember, we have This is a dangerous vote by the FCC. I fear that it will strangle voices that pendent media? The news and broad- not been successful in deterring other cast industry has had time to mature, nations by this unilateral embargo on disagree with corporate interests at virtually every level of news and com- to evolve into what Mr. Murrow hoped our own testing and development. They would be a responsible venture that ex- have gone right ahead with their pro- mentary. Local news media represent a com- alts the importance of ideas, and not grams, some of the worst countries in simply panders to the lowest virtues in the world. The ‘‘axis of evil,’’ North munity’s window on the school board, the city council, the county commis- the human race. Alas, I believe Mr. Korea and Iran, has gone right ahead Murrow would be disappointed in what with their programs. So what makes us sion. The local media, more than any other resource, educates people about he would see today. think that by the United States con- Instead of exalting ideas, mass media tinuing this see-no-evil unilateral mor- the issues that directly affect their lives. But these new rules, as approved today seem more often than not to atorium that the great moral situation worship at the altar of sex, blood, and of the United States will prevent these by the FCC, threaten that role by allowing one person or one corporate in- scandal. Instead of pursuing a higher countries from moving right along cause and taking the time to educate with their projects? History does not terest to control such a significant level of discourse and debate. News and the public about the issues and events support that view. affecting our everyday lives, we read Better that we have peace through information may be forced to fit into a and hear about things that serve to tit- strength. And strength is the strength corporate plan or personal agenda. illate or divide us. of the United States in terms of its I have been in Congress for more There are a few voices in the media commitment, in terms of its scientific than 50 years. If there is one lesson that attempt to educate, to inform, capability, and in terms of its will- that I have learned, it is that the rather than to incite. But too often power to think about what we are media and politicians share at least these men and women are sent packing going to need to defend America in the one common bond: both rely on public because their corporate bosses fear low future. trust for credibility. To earn that I hope my colleagues will defeat this trust, the public must know that it can ratings and a commercial backlash. amendment as they have before. rely on the honesty and integrity of This spring, for example, the General The PRESIDING OFFICER. The Sen- the people in critical decisionmaking Electric-owned cable network MSNBC, ator from California. positions. Credibility is jeopardized fired Phil Donahue from his evening Mrs. FEINSTEIN. Madam President, when questions about the veracity of talk show. Mr. Donahue was one of the by prior unanimous consent agree- reports are raised or when a news orga- few voices in the news-talk genre that ment, it is now the opportunity for nization is seen more as a biased pro- did not worship at the altar of the sala- Senator BYRD to address the body for 1 moter of opinion rather than as a fair cious story. He did not titillate. He hour. I know Senator LINCOLN had one arbiter of fact. spoke frankly, sharing his beliefs and brief statement she wanted to make. If In October 1958, a pioneer of the welcoming those who saw otherwise. there is no objection, I ask unanimous broadcast industry took the podium at And when confronted with a person of- consent that Senator LINCOLN be per- the Mayfair Hotel in Chicago to ad- fering differing opinion, Phil Donahue mitted to make her remarks at this dress his colleagues at the annual con- did not insult or bully that person. In- time, and perhaps the clerk could no- vention of the Radio-Television News stead, he debated calmly and fairly, tify Senator BYRD that his time has ar- Directors Association. On that night, and treated his guests with courtesy rived. when reporters, news directors, spon- and respect. The PRESIDING OFFICER. Without sors, and network executives gathered Mr. Donahue was opposed to war in objection, the Senator from Arkansas together to honor excellence in their Iraq. He made his views known. He de- is recognized. industry, Edward R. Murrow called it bated, he argued, and he persuaded. Mrs. LINCOLN. Madam President, I his duty to speak about what was hap- But at least one insider at the MSNBC ask unanimous consent to speak as in pening in the radio and television in- network said that Phil Donahue was morning business. dustry. fired because the corporate heads at

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11452 CONGRESSIONAL RECORD — SENATE September 15, 2003 the network worried about having a an intelligent discussion, we hear a tened to him every night, who relied on critic of President Bush in its program- constant barrage of commentary that him to give them the information they ming schedule. is supposed to pass for news judgment. needed to know. They worried: What would sponsors We listen to television show hosts call I think Edward Murrow would be think? How would they react? Instead Members of Congress the ‘‘lie choir’’ ashamed of much of the news program- of defending constitutional freedom of because they question administration ming on television today. Like so much the press, MSNBC, it appears, caved in policy. Without foundation, in fact, al- of the American public, he would not to the business bottom line. Instead of legations of dishonesty by Senators are believe that the media, on the whole, a critical voice, the network has filled tossed around and, although baseless, are fulfilling the responsibility to edu- the time with yet another carbon copy they have the air of fact because they cate and inform. of the typical current day talk show are repeated time and time again by According to a USA Today/CNN/Gal- hosts: slanted, biased, and arrogant. pseudo news hosts. This so-called unbi- lup poll from this past May, only 36 Is that what the future holds for ased media is nothing more than par- percent of the American people believe news outlets? MSNBC seems to be fol- tisan opinion covered in a thin veneer that news organizations get the facts lowing the examples set by News Cor- of news and information. straight. poration, the corporate umbrella of I do not question the media’s right to What can improve the public con- Fox News channel. Rupert Murdoch, report on stories and to have talk fidence in the media? the chairman and CEO of News Cor- shows which express opinion. That Perhaps the media in Minnesota have poration, has used his influence and his right is clearly laid out in the first a good start. In 1970, University of Min- money to buy significant influence amendment of the Bill of Rights: nesota Professor Ed Gerald helped to over the country’s politics and prior- Congress shall make no law . . . abridging set up the Minnesota News Council, be- ities. Coincidence? Not likely. In fact, the freedom of speech, or of the press. lieving then that: one former News Corporation executive This amendment, ratified in Decem- To the common man, it seems that jour- stated in a profile on Mr. Murdoch ear- ber 1791, gives broad power to the press. nalists, at will, can make heroes or scoun- lier this year that: Our constitutional Framers understood drels out of any of us. He hungered for the kind of influence in that the Republic would not function Professor Gerald recognized the sheer the United States that he had in England properly if the press were not allowed power and influence of the media. He and Australia. Part of our political strategy also knew that, as much as a free press here was the New York Post and the creation to operate freely and without interven- of Fox News and The Weekly Standard. tion from Government. is crucial to the Republic, a fair press is needed to ensure the public trust. Political strategy? What happened to However, the media industry also must recognize the responsibility that The Minnesota News Council pro- journalistic strategy? Are we doomed vides an avenue for the public to hold to more politics than journalism as a it has to the public which relies so media outlets accountable for the re- result of the June 2 FCC vote? In fact, heavily on the information provided in ports they air or print. Outside of a the complete list of holdings of News daily reports. The free press must be a courtroom and free of charge to either Corporation gives one pause. fair press. News Corporation is quickly growing Through the first amendment, our party, the News Council, made up of into a media empire. Its main holdings Framers guaranteed a free press. We, reasonable, qualified people from with- are the Fox broadcast networks and the people, demand a fair press, one in the media and outside of it, comes the cable networks Fox News Channel, that meets its responsibilities and our together to decide whether a report or Fox Sports, FX, and others, 20th Cen- expectations. A free press cannot exist story is fairly produced or whether it is tury Fox studios, 35 local American without the trust of the public it distorted, untrue, or dishonest. The television stations, the New York Post, serves. To win and maintain that trust, State of Washington has a similar news plus the Times and the Sun of London, the press must be unbiased in its work. council. Many nations, including the the conservative magazine the Weekly Unfortunately, expectations may be United Kingdom, Australia, and Can- Standard, the publishing house too high. News organizations often rely ada, have news councils. HarperCollins, the Sky satellite system solely on the word of those speaking At least one noted journalist has in England, and the Star satellite sys- from podiums of power. They take in- long supported the concept of a news tem in Asia, and various publications formation as gospel truth without, council, if not on a national level then in Mr. Murdoch’s native Australia. many times, checking the facts or on State or regional levels. For many In addition, News Corporation is verifying the information. years, Mike Wallace, CBS News Cor- seeking Federal approval to buy a one- At a time when standards should be respondent and co-editor of 60 Minutes, third share in DirecTV, the leading sat- strong, the news industry seems very has believed that the concept of a news ellite broadcast system in North Amer- happy to follow the day’s latest scan- council could be an important tool in ica. Should that purchase be approved, dal. It does not hesitate to bring to building the public trust in the media. News Corporation would then control a bear the full light of public scorn when Mr. Wallace, in a 1996 lecture at the worldwide satellite system beyond any there is the slightest suggestion of a Freedom Forum’s Media Studies Cen- other company’s reach. misstep by a person in the public light. ter, said, he is ‘‘convinced that more Yet the Federal Communications However, when that same light is state news councils, regional news Commission, the people’s watchdog on turned squarely on the media, there is councils, and/or a renewed national broadcast fairness and responsibility, little enthusiasm for the intensity. news council could strike a blow for a would rubberstamp such mergers and Edward R. Murrow experienced this better public understanding in a time monopolies rather than examine them firsthand. While those in attendance at of skepticism about us, of who we are with a skeptical eye. The FCC is sup- the dinner in Chicago in 1958 applauded and what it is we do.’’ Since those re- posed to be a watchdog, not a lap dog. Mr. Murrow after he finished his marks, Mr. Wallace has continued to The media enjoy a rare position in speech, the response away from the po- urge his colleagues to support the news our society. Reporters and editors are dium, away from Mr. Murrow, was council idea, but the resistance, espe- supposed to responsibly detail events quite different. He was castigated by cially from national media organiza- and activities, explain ideas and inno- network executives who accused him of tions, is profound. vations to a public who might not, on biting the hand that fed him. What is wrong with this approach? A first hearing, completely understand No less than William Paley, the news council is not a court of law; the issue. But complex ideas, such as president of CBS and a good friend of rather it is a forum where the public peace in the Middle East or even the Murrow’s, was said to be furious after and the news media can engage each doctrine of preemptive strikes on Murrow criticized the broadcast indus- other in examining standards of fair- which the war in Iraq was based, are try. He saw it as a breach of loyalty. ness. It is not a radical idea, but a compared down into short broadcast pack- But Edward Murrow believed he carried monsense approach. As the Minnesota ages lasting 2 minutes, perhaps. a greater burden of loyalty to his audi- News Council describes the concept, in The focus is on sound bites rather ence. He saw his Chicago remarks as their various forms, news councils are than on sound information. Instead of his faithful duty to the people who lis- designed to promote fairness in the

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11453 news media by giving members of the from the National Rifle Association to one day before those rules were slated public who feel damaged by a news the National Organization for Women, to take effect. story an opportunity to hold the news from the Catholic Conference of Given the magnitude of this matter and organization accountable. What is Bishops to the Leadership Conference the public’s interest in reaching the proper wrong with allowing the public, which on Civil Rights. The Parents Television resolution, a stay is warranted pending thor- has such a poor view of the media, to Council, Common Cause, the National ough and efficient judicial review, take part in such an endeavor? This Association of Black-Owned Broad- The court concluded in the case. type of public dialogue can lead to a casters, the National Association of Indeed, it is my hope that, with such better understanding of the media in- Hispanic Journalists, the Writers growing opposition, the administration dustry and its role in society by that Guild, and the Association of Christian and the Federal Communications Com- society, as well as a stronger founda- Schools, all of these groups questioned mission will abandon such an ill-ad- tion for more accurate, more respon- the wisdom of even greater media con- vised policy. sible dissemination of news. solidation. I have often said that as long as Solid journalism is also a way to im- Tens of thousands of Americans have there is a forum in which questions can prove the public’s view of the media. It expressed their opposition to the FCC be asked by men and women who do restores that sense of credibility that rule. In fact, three-quarters of a mil- not stand in awe of a chief executive is threatened when we read about re- lion people contacted the FCC about and one can speak as long as one’s feet porters who have published stories this new consolidation, and, according will allow one to stand, the liberties of without any factual background. It to FCC Commissioner Jonathan the American people will be secure. would help to reaffirm independent Adelstein, 99.9 percent of them opposed That forum is this Senate. But the voices, even if those voices run counter further media consolidation. same can be said of the news media— to the opinions of the corporate man- In testimony before the Senate Com- the newspapers, radio stations, tele- agement. mittee on Commerce, Science, and vision stations, and other outlets that On television and in print, large Transportation, Commissioner provide information that is important media conglomerates already control Adelstein was blunt. to the lives of all Americans. That free- the vast majority of what Americans [T]he FCC approved the most sweeping and dom, that unbiased coverage, is a key, see, read, and hear. A grand total of destructive rollback of consumer protection a foundation stone of this Republic. five—five—media companies today con- rules in the history of American broad- For, without it, the American people trol 75 percent of prime time program- casting. I’m afraid democracy was not well can be led to disaster without so much ming. Outlets such as cable and the served by Monday’s decision. Allowing fewer as a whisper. Their freedoms can be Internet, which could have served to media outlets to control what Americans trampled; their rights can be sub- check corporate media conglomeration see, hear and read can only give Americans less information to use in making up their verted. power, have instead followed the old own minds about the key issues they face. In his speech in Chicago in 1958, Mr. adage, ‘‘if you can’t beat ’em, join The decision will diminish the diversity of Murrow offered a challenge to his col- ’em.’’ Thus, today these same 5 compa- voices heard over the public airwaves, which leagues. nies control 90 percent of the top 50 can only diminish the civil discourse and the Just once in a while, let us exalt the im- channels on cable. Similarly on the quality of our society’s intellectual, cultural portance of ideas. Let us dream to the extent Internet, existing newspapers and TV and political life. It will diminish the cov- of saying that, on a given Sunday night, the networks dominate the most popular erage of local voices and local issues as time . . . occupied by Ed Sullivan is given sites for news and information. Tech- media giants gobble up local outlets and na- over to a . . . survey of the state of Amer- tionalize the stories they broadcast. nology may have increased the number ican education [or] the time normally used of media outlets, but it has not stopped In the end, our new rules will simply by Steve Allen is devoted to a thoroughgoing study of American policy in the Middle East. big media from further extending its make it easier for existing media gi- reach. ants to acquire more outlets and for- While Ed Sullivan and Steve Allen Former Washington Post assistant tify their already massive market are not with us anymore, the need for managing editor Ben Bagdikian has power. As media conglomerates go on responsibility that Mr. Murrow called sketched out the growing concentra- buying sprees, they will accumulate for among his colleagues in the news tion of media ownership. In 1983, when enormous debt that will force them to industry clearly still remains with us his book, ‘‘The Media Monopoly,’’ was chase the bottom dollar ahead of all today. first published, Mr. Bagdikian reported else. This is likely to result in more Madam President, I yield the floor. I that ‘‘50 corporations dominated most sensationalism, more crassness, more suggest the absence of a quorum. of every mass medium.’’ But, with each violence, and even less serious cov- The PRESIDING OFFICER. The new edition of the book, that number erage of the news and local events. clerk will call the roll. shrinks and shrinks and shrinks: 29 Recently, there have been obstacles The legislative clerk proceeded to media corporations in 1987, 23 in 1990, 14 thrown in the way of the FCC’s Mack call the roll. in 1992, and 10 in 1997. The sixth edi- truck of a rule. The Senate Appropria- Mr. MCCONNELL. Mr. President, I tion, published in 2000, documented tions Committee has blocked the im- ask unanimous consent that the order that just six—six—corporations supply plementation of the new policy. The for the quorum call be rescinded. most of America’s media content. unanimous committee approval of the The PRESIDING OFFICER (Mr. Bagdikian wrote: fiscal year 2004 Commerce, Justice, ALLEN). Without objection, it is so or- It is the overwhelming collective power of State, and Judiciary Appropriations dered. these firms, with their corporate interlocks bill was a strong endorsement of media f and unified cultural and political values, diversity. The committee’s action fol- that raises troubling questions about the in- lows the House of Representatives vote PARTIAL-BIRTH ABORTION BAN dividual’s role in the American democracy. on July 23, 400–21, to pass the fiscal ACT OF 2003 The June 2 vote by the Federal Com- year 2004 Commerce-Justice-State Ap- Mr. MCCONNELL. Mr. President, I munications Commission threatens to propriations bill. As part of that legis- ask the Chair lay before the Senate a expand the influence of these few cor- lation, the House also would prohibit message from the House of Representa- porations even further, stretching their the Federal Communications Commis- tives on the bill (S. 3) to prohibit the hands around a larger number of local sion from implementing this policy al- procedure commonly known as partial- television and radio stations, scarfing lowing for media consolidation. birth abortion. up newspapers and Internet news out- But the Congress is not the only The PRESIDING OFFICER laid be- lets. branch of Government involved in this fore the Senate the following message This is an opinion shared by con- issue. The United States Court of Ap- from the House of Representatives: sumer advocates, media watchdog peals for the Third Circuit issued a sur- Resolved, That the House insist upon its groups, and various organizations rep- prise order on September 3, blocking amendment to the bill (S. 3) entitled ‘‘An resenting the spectrum of political and the Federal Communications Commis- Act to prohibit the procedure commonly societal views in the United States, sion from imposing its new rules just known as partial-birth abortion’’, and ask a

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11454 CONGRESSIONAL RECORD — SENATE September 15, 2003 conference with the Senate on the dis- and also the issue of the war, how this point of a woman’s right to choose agreeing votes of the two Houses thereon. badly it is going, how much it is cost- that was resolved in 1973, they strip Ordered, That the following Members be ing, the danger our troops are in, the this out. Now in order to go to con- the managers of the conference on the part fact it is not internationalized and ference, we will have a vote to disagree of the House. From the Committee on the Judiciary for there is virtually no burden sharing with what the House did. I hope we will consideration of the Senate bill and the going on—these are all issues that I disagree with what they did and take House amendment, and modifications com- hear about at home when I go to the another stand for Roe. That is why we mitted to conference: Mr. Sensenbrenner, grocery store or take a walk. People are here tonight. Mr. Hyde, and Mr. Nadler. are anxious and concerned. These are The reason the House will not go Mr. MCCONNELL. Mr. President, it is the issues of the day. along with this, and many in our own my understanding that 2 hours of de- Therefore, it is rather stunning to me Senate will not, the real agenda in all bate on this proposal are to commence. that given all this and the fact that the of these bills that attack a woman’s I ask unanimous consent that those 2 deficit has gone off the charts—we have right to choose—and there have been hours begin to run upon the arrival and seen the picture of what has happened many, and I will go through them, in- speaking of the Senator from Cali- to the deficit since Bill Clinton left of- cluding bills that hurt family plan- fornia, Mrs. BOXER, who I understand is fice; it is a straight line up. I never saw ning—the real agenda is to overturn on the way to the floor at this time. anything like it in my life. We are get- Roe. I believe that is what we are talk- The PRESIDING OFFICER. Without ting to the point where we are banking about. It may show up in a dif- objection, it is so ordered. rupting this country and laying all ferent form, such as banning one med- Mr. MCCONNELL. In the meantime, that bankruptcy on the backs of our ical procedure, which is a horrible Mr. President, I suggest the absence of kids, as Senator HOLLINGS has said. precedent, as we are going to do. With all of these issues pending, why a quorum. It may show up by saying to a woman The PRESIDING OFFICER. The am I here tonight speaking about an in the military: You will have to fly issue that was resolved in 1973, the clerk will call the roll. back to the United States on an ‘‘as The assistant legislative clerk pro- right of a woman to choose—the fact available’’ basis and spend your own that this Senate went on record sup- ceeded to call the roll. money—nothing to do with your own Mrs. BOXER. Mr. President, I ask porting that right quite recently as military pay—to get an abortion. We part of S. 3, that very simple language unanimous consent that the order for have said to Federal employees: You that simply said Roe v. Wade has saved the quorum call be rescinded. cannot use the health insurance that lives, stating it is the sense of the Sen- The PRESIDING OFFICER. Without you pay a good part of to get a legal ate that the decision of the Supreme objection, it is so ordered. abortion, legal, not illegal, a legal Court in Roe v. Wade was appropriate Mrs. BOXER. Mr. President, I ask abortion. Abortion is legal. and secures an important right and what the pending business is. My friends, some of them here do not such decisions should not be over- The PRESIDING OFFICER. The like that. So there has been this huge turned. pending business is the message from attempt to narrow this right. So every That was language in S. 3 which also time we get a chance, when we see the House on S. 3. for the first time banned a medically Mrs. BOXER. Mr. President, as I un- these bills come forward that would recognized procedure. Senator HARKIN narrow this right, that would poten- derstand it, I will have up to 60 min- and I and a majority of the Senate utes to discuss this tonight; is that cor- added this language. tially harm women, we offer the Har- rect? What happens with all of the prob- kin-Boxer amendment in favor of Roe. The PRESIDING OFFICER. The Sen- lems we are facing and with our brave Even though we did not get as many ator is correct. men and women in such jeopardy votes as we would like, we got a major- Mrs. BOXER. I ask my friend from abroad, our taxpayers just getting ity, and that is what we are continuing South Carolina what issue he is here to squeezed, our education bill under- to discuss. discuss tonight and what his time pa- funded, the country going broke, the Now, what does Roe guarantee to rameters are. environment getting worse because women? In the decision of the Supreme Court, Mr. HOLLINGS. I would like to dis- every other day, and usually on Fri- the Court found that a woman’s repro- cuss an issue to be voted on in the days, we see more rollbacks of environ- ductive decisions are a privacy right morning, a resolution of disapproval of mental laws, the media getting bigger. guaranteed by the Constitution. But I the FCC, increasing 35 to 45 percent We have to overturn that. ownership, and, more than that, the With all of those issues, one would have to say that even though this right cross-ownership at the local level. think the House of Representatives and was granted to women, it was not an Also, I would like to start paying for the Republican leadership would have unbalanced decision. It was a very the war. I take it the Senator wants to said: We want to get this bill to the moderate decision. That is why, in my pay for the war. President’s desk. We want to ban this opinion, the majority of Americans We have the poor GI down in Bagh- procedure. So let’s just take this lan- support it. dad. We hope each day he does not get guage. The decision of the Supreme In the early stages of a pregnancy, killed, and the reason is we want him Court in Roe was appropriate and se- the Government cannot intervene with to hurry back so we can give him the cures an important right, and such de- a woman’s right to choose. That is it, bill. We ain’t going to pay for it, but cisions should not be overturned. plain and simple. Guess what. We are we need a tax cut so we can get re- Friends, that was not to be the case. not going to be big brother or sister, as elected next year. That is what is going Instead of sending this bill off to the the case may be. We are going to allow on in this town. President for his signature, which my a woman, her doctor, and her God to Every time I go home, I am again colleagues have been wanting to do for make that decision. embarrassed. I want to talk to that a very long time, they say we need to But in the later stages of pregnancy, point. strip out this very simple Roe lan- Roe found that the Government can in- Mrs. BOXER. If I could ask my guage. In fact, that is what the House tervene, that it can regulate, that it friend, is the Senator able to wait 30 did. can restrict abortion. We all support minutes? So before this bill can go to con- that. All of us support that. But there Mr. HOLLINGS. Yes, ma’am. ference—and it is a technical matter, is one caveat—always, always, always. f but in order for a bill to become law, Any law that a State may pass to re- when the bills are different, you have strict abortion rights has to have an THE RIGHT TO CHOOSE to have a conference to resolve the dif- exception to protect the life of the Mrs. BOXER. Senator HOLLINGS ferences. When the bills are the same, woman or to protect her health. raises several issues that are so impor- the bill can go straight over to the This is important because, I have to tant to the Nation. This issue of media President’s desk. tell you, before Roe, before 1973—and I ownership getting out of control and No, the House leaders, Republican remember those years—life for women the need to reverse what the FCC did leaders, I believe quite radically on was very different. Before Roe, up to

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11455 1.2 million women each year resorted have one legally if her life was threat- afterschool programs, caring for our to dangerous illegal abortions. Accord- ened. Since she had one kidney, her children, helping our children? A lot of ing to one estimate, at least 5,000 doctor thought that they might be able times they do not vote for it. As a women a year died as a result of to persuade a panel of doctors that he friend of mine once said, he sometimes botched illegal abortions. Thousands of life would be in danger if she carried thinks that some of our colleagues who others nearly died, became infertile, or the baby to term. They agreed, but re- take this position, and then don’t help suffered other health complications. quired her to have a total the kids, are all for the kids between I have a few stories—I want to tell a hysterectomy at the same time. conception and birth; and then where couple of them—of life before Roe. Rollyn Carlson of Austin, TX, was 20 are they? Polly Bergen—we know her—an ac- years old in the summer of 1971 and So the reason we are here tonight is tress, went public with her story. She pregnant. She decided to have an abor- because the House is so radical on the became pregnant when she was in her tion and found an office in Mexico on point that they will not accept our lan- late teens and it was a disaster for her. the other side of the Texas border. guage, that simply says: The decision As a result of an unsafe abortion, she After the abortion, she bled heavily of the Supreme Court in Roe was ap- had several miscarriages. At the age of and ran a high fever for 3 days. She was propriate and secures an important 33, her doctor said, because of that one of the lucky ones. She married and right, and such decision should not be botched abortion, she had to have a had two children. She now has a teen- overturned. hysterectomy. She desperately wanted age daughter and is concerned about Imagine, they say they want S. 3 so children. She had a hysterectomy. her. What if she got pregnant? What if badly, they want to outlaw this med- Lynn Kahn was 24. She was divorced she needed an abortion? Rollyn worries ical procedure, which is the first time with two young children when, in 1964, that if abortion is illegal, her daughter an accepted medical procedure is out- she was raped by a stranger on her way would have to have an illegal abortion lawed by politicians, but yet they can- home from work. Because she was so and could die. not accept this language, which has no ashamed, she did not report the rape. Sherry of Peoria, IL, was married force of law. That is the incredible But she soon found out she was preg- with two children when in the mid- thing. It is a sense of the Senate. It nant. She scraped together $300 for an 1950s, she was brutally raped and left does not even have the force of law, but illegal abortion. She nearly died. She for dead. She did not die, but as a re- it shows you that the goal here is not was hospitalized with a serious infec- sult of the rape, she became pregnant. simply outlawing this one procedure; it tion caused by a botched abortion. She went to her doctor—he would not is overturning Roe. I cannot say that During her multiday hospital stay, perform an abortion. She went to an- enough because that is absolutely true, she was absolutely terrified that the other—he would not perform an abor- even when 80 percent of the people said police would come and arrest her be- tion either. She then resorted to that whether to have an abortion is a cause the treating physician had told ‘‘home remedies’’ such as pounding on decision to be made between a woman her he was going to inform them about her abdomen with a meat mallet and and her doctor. the abortion. The police did not arrive, throwing herself down the stairs. It did This debate is very serious. It is very but the whole experience was so trau- not work, so she went to the local serious because the underlying bill, S. matic that Lynn was unable to talk abortionist. He was drinking during 3, which bans this procedure, makes no about it for over 20 years. the procedure and offered to give her exception for the health of the woman, Mary Roper, a 19-year-old sophomore back some money if she would perform and we tried every which way to do in college, was in an abusive relation- oral sex on him. She subsequently that. We said: Roe is the law of the ship. She got pregnant, and the man started to hemorrhage and was hos- land. Under Roe, the life and the health she was dating encouraged her to get pitalized. Decades later, she still has of a woman must always be protected. an abortion. She had been raised a nightmares about the procedure. So in order to be constitutional, we are Catholic and felt she could not be sin- Romanita of Pittsburgh, PA, married willing to walk hand in hand with you, gle mother in her community. She en- and had three children, one—her and we will ban this procedure, even dured three attempts to end her preg- daughter, Norma—with spina bifida. though some of us believe we should nancy—one person used a coat hanger, Her husband was a heroin addict and not get into playing doctor—that is not and one a hose. During the time she had left the home. One day he showed our role. There is no OB/GYN in this was seeking an abortion, she was ques- up and raped her. He then disappeared, body. People don’t come to us when tioned by the police about her inten- and she found out she was pregnant. they are sick. They come to us when tion. She finally found a doctor in Chi- She did not want to take the chance of they are sick and tired of politics, but cago, 3 hours away, to perform an abor- having another baby with deformities. they don’t come to us when they are tion. She continued to have problems She sought out an illegal abortion and physically ill. and a couple of months later needed experienced bleeding for 2 weeks. We were willing—those of us who are her parents’ written permission to re- So the point is that when the Court very pro-choice—to say: We will accept ceive a medically necessary abortion. made this historic decision called Roe this if you will have an exception for She continues to have nightmares v. Wade, women were dying, maybe the life and the health of a woman. Oh, today. 5,000 a year. And you ask me, why no. They would not do it. That is why Elizabeth Furse, a former Represent- would people, lawmakers, want to see our language on Roe, that we attached ative from Oregon, was 25 in 1961, mar- us go back to those days? I will tell to this bill, is so important. Because, ried and pregnant with her third child. you right now, I don’t understand it. It folks, this bill, when it becomes law— During the first trimester of her preg- isn’t right. It isn’t right for the women and it will become law—is going nancy, she developed the measles. She of this country. It isn’t right for the straight to the Court. was subsequently tested, and the tests families of this country. Roe v. Wade We want the Court to understand we confirmed what she and her husband, was a balanced decision. stood firmly for Roe. When they take a and obstetrician, had feared: if she car- Then you have a situation where we look at the outlawing of this proce- ried her pregnancy to term, the baby wish we had more family planning dure, and when they see there is no ex- would likely be blind, deaf, and se- funds because then we would be in a ception for the health of a woman, they verely brain damaged. They were anx- situation where we would not have will realize maybe some people voted ious to have more children but did not these unwanted pregnancies. The same for it who would have preferred a want their child to suffer and be in people who want to outlaw abortion health exception. By showing them we pain, and so they sought an abortion. are not interested in family planning have the votes to sustain a sense of the Her physician was sympathetic but funds. And interestingly, the same peo- Senate in favor of Roe, we will be send- would not perform an illegal abortion. ple who want to go back to the days ing a strong signal on behalf of the At that time both the doctor and Eliza- when abortion was illegal, who will women of this Nation to the courts. beth could be prosecuted and jailed for fight for the right of the fetus over the Mr. DURBIN. Will the Senator yield terminating the pregnancy. She did not right of a woman, where are they, for a question? want an illegal abortion and could only sometimes, on preschool programs, Mrs. BOXER. Yes.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11456 CONGRESSIONAL RECORD — SENATE September 15, 2003 Mr. DURBIN. I thank the Senator for AMERICAN MEDICAL cian in consultation with the patient should coming to the floor and talking about WOMEN’S ASSOCIATION, INC., make the decision regarding what method Alexandria, VA, March 25, 2003. should be used to terminate a pregnancy. this controversial issue because the We are opposed to H.R. 760 because we be- Senate will have to face it. I am trying Hon. JERROLD NADLER, House of Representatives, lieve this and other legislative and judicial to recall, was there not a State statute Washington, DC. restrictions to safe, medically accepted abor- in Kansas or—— DEAR CONGRESSMAN NADLER: The American tion procedures severely jeopardize women’s health and well-being. APHA also opposes Mrs. BOXER. Nebraska. Medical Women’s Association (AMWA) strongly opposes HR 760, the ‘‘Partial-Birth the bill because it fails to include adequate Mr. DURBIN. Nebraska relative to Abortion Ban Act of 2003.’’ While the Asso- health exception language in instances this so-called partial-birth abortion ciation has high respect for each member where certain procedures may be determined procedure? Is it not true that the same and their right to hold whatever moral, reli- by a physician to be the best or most appro- gious and philosophical beliefs his or her priate to preserve the health of the woman. Supreme Court that is going to con- We urge members of the House of Represent- sider our bill ruled that you had to in- conscience dictates, as an organization of 10,000 women physicians and medical stu- atives to oppose this legislation. clude, in the protection for the woman dents dedicated to promoting women’s Thank you for your attention to our concerns regarding the negative effect this leg- involved, if her health was at risk, she health and advancing women in medicine, we islation would have to a woman’s right to a could go forward with the procedure? Is believe HR 760 is unconscionable. my memory correct that this Court, AMWA has long been an advocate for wom- safe, legal abortion. Sincerely, within the last year or two, made that en’s access to reproductive health care. As GEORGE C. BENJAMIN, MD, FACP, decision? such, we recognize this legislation as an attempt to ban a procedure that in some cir- Executive Director. Mrs. BOXER. It was in 2000. It was a cumstances is the safest and most appro- case of a Nebraska law. And, yes, the priate alternative available to save the life MARCH 5, 2003. Hon. BARBARA BOXER, Court found it unconstitutional. and health of the woman. Furthermore, this bill violates the privilege of a patient in con- U.S. Senate, What the authors of S. 3 will tell you sultation with her physician to make the Washington, DC. DEAR SENATOR BOXER: I understand that is they have met the test. But what most appropriate decisions regarding her you will be considering Senate S. 3, the ban constitutional lawyers tell us is that specific health circumstances. on abortion procedures, soon and would like AMWA opposes legislation such as HR 760 the test isn’t met at all. There is no ex- to offer some medical information that may as inappropriate intervention in the deci- ception for health. My colleague actu- assist you in your efforts. Important stakes sion-making relationship between physician ally carried the health exception. for women’s health are involved: if Congress and patient. The definition of the bill is too enacts such a sweeping ban, the result could Now, this is what the Supreme Court imprecise and it includes non-medical termi- effectively ban safe and common, pre-viabil- nology for a procedure that may ultimately said—and I am glad my colleague asked ity abortion procedures. this question—in Stenberg v. Carhart. undermine the legality of other techniques By way of background, I am an adjunct They basically said: If you are out- in obstetrics and gynecology used in both professor in the Department of Obstetrics, lawing a medical procedure, you have abortion and non-abortion situations. At Gynecology and Reproductive Sciences at to have a health exception. times, the use of these techniques is essen- the University of California, San Francisco, tial to the lives and health of women. The where I co-directed the Center for Reproduc- The governing standard requires an excep- potential of this ban to criminalize certain tive Health Research and Policy. Formerly, I tion ‘‘where it is necessary, in appropriate obstetrics and gynecology techniques ulti- directed the Reproductive Health program medical judgment for the preservation of the mately interferes with the quality of heath for the Henry J. Kaiser Family Foundation life or health of the mother.’’ and lives of women. Furthermore, the cur- and served as Deputy Assistant Secretary for rent ban fails to meet the provisions set Population Affairs for the United States De- Our cases have repeatedly invalidated stat- forth by the Supreme Court in Stenberg v. utes that in the process of regulating the partment of Health and Human Services. I Carhart, a ruling that overturned a Nebraska represented the United States at the Inter- methods of abortion impose significant statute banning abortion because it con- health risks. national Conference on Population and De- tained no life and health exception for the velopment (ICPD) in Cairo, Egypt, and cur- My friend is right on target. This is mother. rently serve on a number of Boards for orga- AMWA’s position on this bill corresponds the Supreme Court. nizations that promote emergency contra- to the position statement of the organization ception and new contraceptive technologies, Mr. DURBIN. I ask my friend from on abortion and reproductive health services and support reducing teen pregnancy. My California, who has followed this issue to women and their families. medical and policy areas of expertise are in more closely than any other Member, AMWA believes that the prevention of un- the family planning and reproductive health, intended pregnancies through access to con- prevention of sexually transmitted infec- for those who are trying to follow this traception and education is the best option debate, when the Supreme Court says if tions including HIV/AIDs, and enhancing available for reducing the abortion rate in international and family planning. you are going to write a law banning the United States. Legislative bans for pro- The proposed ban on abortion procedures an abortion procedure, you have to ac- cedures that use recognized obstetrics and criminalizes abortions in which the provider knowledge that if the mother is about gynecological techniques fails to protect the ‘‘deliberately and intentionally vaginally de- to die, that procedure will be allowed. health and safety of women and their chil- livers a living fetus . . . for the purpose of Then the Court went on to say in this dren, nor will it improve the lives of women performing an overt act that the person case, if there is a significant health and their families. If you have any questions knows will kill the partially delivered living please contact Meghan Kissell, at 703–838– risk involved as far as the woman is fetus . . .’’ The criminal ban being consid- 0500. ered is flawed in a number of respects: it concerned, you have to allow the proce- Sincerely, fails to protect women’s health by omitting dure. Would the Senator from Cali- LYNN EPSTEIN, MD, an exception for women’s health; it menaces fornia give us indications of what that President. medical practice with the threat of criminal means when we talk about health risk prosecution; it encompasses a range of abor- and significant health risk? What are AMERICAN PUBLIC tion procedures; and it leaves women in need we saying? A complication late in preg- HEALTH ASSOCIATION, of second trimester abortions with far less nancy that is so significant as to give Washington, DC, March 31, 2003. safe medical options: hysterotomy (similar U.S. HOUSE OF REPRESENTATIVES, to a cesarean section) and hysterectomy. to that mother the right to terminate Washington, DC. The proposed ban would potentially en- the pregnancy, could the Senator give DEAR REPRESENTATIVE: On behalf of the compass several abortion methods, including us some illustrations of what kind of American Public Health Association (APHA) dilation and extraction (d&x, sometimes re- health risk we are talking about? the largest and oldest organization of public ferred to as ‘‘intact d&e), dilation and evacu- health professionals in the nation, rep- ation (d&e), the most common second-tri- Mrs. BOXER. Working with physi- resenting more than 50,000 members from mester procedure. In addition, such a ban cians across the country, I want to tell over 50 public health occupations, I write to could also apply to induction methods. Even you what they have told us in writing. urge your opposition to H.R. 760, the Partial- if a physician is using induction as the pri- I ask unanimous consent to print those Birth Abortion Ban Act of 2003. mary method for abortion, he or she may not letters in the RECORD. APHA has long-standing policy regarding be able to assure that the procedure could be the sanctity of the provider-patient relation- effected without running afoul of the pro- There being no objection, the mate- ship and has long advocated for a women’s posed ban. A likely outcome if this legisla- rial was ordered to be printed in the right to choose from a full range of reproduc- tion is enacted and enforced is that physi- RECORD, as follows: tive health options. We believe that a physicians will fear criminal prosecution for any

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11457 second trimester abortion—and women will nored the two groups whose lives would be techniques that are used in the second and have no choice but to carry pregnancies to most affected by this legislation: physicians third trimesters, we will address those: dila- term despite the risks to their health. It and patients. tion and evacuation (D&E), dilation and ex- would be a sad day for medicine if Congress It is misguided and unprincipled for law- traction (D&X), instillation, hysterectomy decides that hysterotomy, hysterectomy, or makers to legislate medicine. We all want and hysterotomy (commonly known as a c- unsafe continuation of pregnancy are wom- safe and effective medical procedures for section). en’s only available options. Williams Obstet- women; on that there is no dispute. However, Dilation and evacuation (D&E) is the rics, one of the leading medical texts in Ob- the business of medicine is not always palat- standard approach for second-trimester abor- stetrics and Gynecology, has this to say able to those who do not practice it on a reg- tions. The only difference between a D&E about the hysterotomy ‘‘option’’ that the ular basis. The description of a number of and a more common, first-trimester vacuum bill leaves open: ‘‘Nottage and Liston (1975), procedures—from liposuction to cardiac sur- aspiration is the cervix must be further di- based on a review of 700 hysterotomies, gery—may seem distasteful to some, and lated. Morbidity and mortality studies indi- rightfully concluded that the operation is even repugnant to others. When physicians cate that this surgical method is preferable outdated as a routine method for termi- analyze and debate surgical techniques to labor induction methods (instillation), nating pregnancy.’’ Cunningham and McDon- among themselves, it is always for the best hysterotomy and hysterectomy. ald, et al, Williams Obstetrics, 19th ed., interest of the patient. Abortion is proven to From the years 1972–76, labor induction (1993), p. 683. be one of the safest procedures in medicine, procedures carried a maternal mortality rate Obviously, allowing women to have a significantly safer than childbirth, and in of 16.5 (note: all numbers listed are out of hysterectomy means that Congress is au- fact has saved numerous women’s lives. 100,000); the corresponding rate for D&E was thorizing women to have an abortion at the While we can argue as to why this legisla- 10.4. From 1977–82, labor induction fell to 6.8, price of their future fertility, and with the tion is dangerous, deceptive and unconstitu- but D&E dropped to 3.3. From 1983–87, induc- added risks and costs of major surgery. In tional—and it is—the fact of the matter is tion methods had a 3.5 mortality rate, while sum, the options left open are less safe for that the text of the bill is so vague and mis- D&E fell to 2.9. Although the difference be- women who need an abortion after the first leading that there is a great need to correct tween the methods shrank by the mid-1980s, trimester of pregnancy. the misconceptions around abortion safety the use of D&E had already quickly outpaced I’d like to focus my attention on that sub- and technique. It is wrong to assume that a induction, thus altering the size of the sam- set of the women affected by this bill who specific procedure is never needed; what is ple. face grievous underlying medical conditions. required is the safest option for the patient, Morbidity trends indicate that dilation and To be sure, these are not the majority of and that varies from case to case. evacuation is much safer than labor induc- women who will be affected by this legisla- THE FACTS tion procedures, and for women with certain tion, but the grave health conditions that (1) So-called ‘‘partial birth’’ abortion does medical conditions, e.g., coronary artery dis- could be worsened by this bill illustrate how not exist. ease or asthma, labor induction can pose se- sweeping the legislation is. There is no mention of the term ‘‘partial rious risks. Rates of major complications Take for instance women who face hyper- birth’’ abortion in any medical literature. from labor induction were more than twice tensive disorders such as eclampsia—convul- Physicians are never taught a technique as high as those from D&E. There are in- sions precipitated by pregnancy-induced or called ‘‘partial birth’’ abortion and therefore stances of women who, after having failed in- aggravated hypertension (high blood pres- are unable to medically define the procedure. ductions, acquired infections necessitating sure). This, along with infection and hemor- What is described in this legislation, how- emergency D&Es, which ultimately saved rhage, is one of the most common causes of ever, could ban all abortions. ‘‘What this bill her fertility and, in some instances, her life. maternal death. With eclampsia, the kidneys describes, albeit in non-medical terms, can Hysterotomy and hysterectomy, moreover, and liver may be affected, and in some cases, be interpreted as any abortion,’’ sated one of carry a mortality rate seven times that of if the woman is not provided an abortion, her our physician members. ‘‘Medicine is an art induction techniques and ten times that of liver could rupture, she could suffer a stroke, as much as it is a science; although there is D&E. brain damage, or coma. Hypertensive dis- a standard of care, each procedure—and in- There is a psychological component which orders are conditions that can develop over deed each woman—is different. The wording makes D&E preferable to labor induction; time or spiral out of control in short order, here could apply to any patient.’’ The bill’s undergoing difficult, expensive and painful and doctors must be given the latitude to language is too vague to be useful; in fact, it labor for up to two days is extremely emo- terminate a pregnancy if necessary in the is so vague as to be harmful. It is intentionally and psychologically draining, much safest possible manner. tionally unclear and deceptive. more so than a surgical procedure that can If the safest medical procedures are not (2) Physicians need to have all medical op- be done in a few hours under general or local available to terminate a pregnancy, severe tions available in order to provide the best anesthesia. Furthermore, labor induction adverse health consequences are possible for medical care possible. Tying the hands of does not always work: Between 15 and 30 per- some women who have underlying medical physicians endangers the health of patients. cent of cases require surgery to complete the conditions necessitating a termination of It is unethical and dangerous for legislators procedure. There is no question that D&E is their pregnancies, including: death (risk of to dictate specific surgical procedures. Until the safest method of second-trimester abor- death higher with less safe abortion meth- a surgeon examines the patient, she does not tion. ods); infertility; paralysis; coma; stroke; necessarily know which technique or proce- There is also a technique known as dila- hemorrhage; brain damage; infection; liver dure would be in the patient’s best interest. tion and extraction (D&X). D&X is merely a damage; and kidney damage. Banning procedures puts women’s health at variant of D&E. There is a dearth of data on Legislation forcing doctors to forego medi- risk. D&X as it is an uncommon procedure. How- cally indicated abortions or to use less safe (3) Politicians should not legislate medi- ever, it is sometimes a physician’s preferred but politically-palatable procedures is sim- cine. To do so would violate the sanctity and method of termination for a number of rea- ply unacceptable for women’s health. legality of the physician-patient relation- sons: it offers a woman the chance to see the Thank you very much, Senator, for your ship. The right to have an abortion is con- intact outcome of a desired pregnancy, thus efforts to educate your colleagues about the stitutionally-protected. To falsify scientific speeding up the grieving process; if provides implications of the proposed ban on abortion evidence in an attempt to deny women that a greater chance of acquiring valuable infor- procedures. right is unconscionable and dangerous. mation regarding hereditary illness or fetal Sincerely, The American College of Obstetricians and anomaly; and there is a decreased risk of in- FELICIA H. STEWART, M.D. Gynecology, representing 45,000 ob-gyns, jury to the woman, as the procedure is agrees: ‘‘The intervention of legislative bod- quicker than induction and involves less use PHYSICIANS FOR ies into medical decision making is inappro- of sharp instruments in the uterus, providing REPRODUCTIVE CHOICE AND HEALTH, priate, ill advised, and dangerous.’’ a lesser chance of uterine perforations or New York, NY, March 10, 2003. The American Medical Women’s Associa- tears and cervical lacerations. Hon. BARBARA BOXER, tion, representing 10,000 female physicians, is It is important to note that these proce- U.S. Senate, opposed to an abortion ban because it ‘‘rep- dures are used at varying gestational ages. Washington, DC. resents a serious impingement on the rights Neither a D&E nor a D&X is equivalent to a DEAR SENATOR BOXER: We are writing to of physicians to determine appropriate med- late-term abortion. D&E and D&X are used urge you to stand in defense of women’s re- ical management for individual patients.’’ solely based on the size of the fetus, the productive health and vote against S. 3, leg- health of the woman, and the physician’s islation regarding so-called ‘‘partial birth’’ THE SCIENCE judgment, and the decision regarding which abortion. We know that there is no such technique as procedure to use is done on a case-by-case We are practicing obstetrician-gyne- ‘‘partial birth’’ abortion, and we believe this basis. cologists, and academics in obstetrics, gyne- legislation is a thinly-veiled attempt to out- cology and women’s health. We believe it is law all abortions. Those supporting this leg- THE LEGISLATION imperative that those who perform termi- islation seem to want to confuse both legis- Because this legislation is so vague, it nations and manage the pre- and post-opera- lators and the public about which abortion would outlaw D&E and D&X (and arguably tive care of women receiving abortions are procedures are actually used. Since the techniques used in the first-trimester). In- given a voice in a debate that has largely ig- greatest confusion seems to center around deed, the Congressional findings—which go

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11458 CONGRESSIONAL RECORD — SENATE September 15, 2003 into detail, albeit in non-medical terms—do probably more narrow than the Su- tion for the health of a woman. It is so not remotely correlate with the language of preme Court said so my colleagues violative of her rights and her dignity the bill. This legislation is reckless. The out- would give a doctor, in an extraor- and of the respect that is due her. But come of its passage would undoubtedly be dinary emergency situation, not life or countless deaths and irreversible damage to in addition, they stripped out the lan- thousands of women and families. We can death but one equally serious, at least guage we added that said, maybe peo- safely assert that without D&E and D&X, in terms of the woman’s future health. ple, for whatever reason, are going to that is, an enactment of S. 3, we will be re- As the Senator from California prob- vote for this, but we also want to go on turning to the days when an unwanted preg- ably will recall, that was defeated on record in support of Roe. The reason we nancy led women to death through illegal the floor. are here now is that the House, rather and unsafe procedures, self-inflicted abor- I ask the Senator from California than take that language and send it off tions, uncontrollable infections and suicide. this: If the Supreme Court has already to the President, would have gotten The cadre of physicians who provide abor- said, don’t send us a statute, don’t send tions should be honored, not vilified. They their ban with a little sense-of-the-Sen- are heroes to millions of women, offering the us a proposal that doesn’t protect the ate language that supported Roe. No, opportunity of choice and freedom. We urge health of the mother when there is a the House had to prolong this, strip you to consider scientific data rather than significant health risk late in the preg- this out. And now to get to conference, partisan rhetoric when voting on such far- nancy because that violates what we we have to have a motion to disagree reaching public health legislation. We found to be the right of privacy under with what the House did, which I hope strongly oppose legislation intended to ban Roe v. Wade, why are we now consid- so-called ‘‘partial birth’’ abortion. we will disagree with what they did. ering S. 3, this bill, which defies the So what I was trying to do and what Sincerely, Supreme Court and says to them, we NATALIE E. ROCHE, MD, Harkin was trying to do—and we all Assistant Professor of know better, we are going to change were trying to do—is say: S. 3 has prob- Obstetrics and Gyne- your mind, we are going to send you lems, but you should know we still sup- cology, New Jersey something that doesn’t meet the test port Roe. Medical College. in light of the Nebraska statute? Can Mr. DURBIN. I ask the Senator, is it GERSON WEISS, MD, the Senator from California explain your impression the House conferees Professor and Chair, why we are going through this? and those who agreed in the Senate are Department of Ob- Mrs. BOXER. Well, I would say poli- stetrics, Gynecology really going after the heart of the issue tics is part of it, but I would also say in Roe v. Wade? It is their intention to and Women’s there is an agenda in this Senate and Health, New Jersey overturn Roe v. Wade by reason of the Medical College. in the House. That agenda is to over- fact they have stripped the language turn Roe, to keep on pushing through Mrs. BOXER. What the physicians Senator HARKIN offered affirming Roe bills that challenge Roe directly. And have told us is there are serious health v. Wade? Roe, as I said, is very clear on the consequences of banning safe proce- Mrs. BOXER. That is right. health exception. Mr. DURBIN. And if we eliminated dures such as the one that will be Let’s go back to the first chart. The banned in this bill. One is hemorrhage. Roe v. Wade—and there are some in bottom line is, Roe is very clear: your State and in my State, too, who People can die, they can lose blood, or In 1973, for the stage subsequent to viabil- be ill for a very long time. They can would say, do that, because of our per- ity, the State in promoting its interest in sonal, religious and philosophical be- rupture their uterus and therefore the potentiality of human life may, if it never be able to carry a baby. They chooses, regulate, and even proscribe— liefs—what protection would there be could get blood clots and have serious which is a fancy word for ban— that an abortion procedure under any circumstances would be safe and legal brain damage, an embolism, a stroke. abortion except where it is necessary, in ap- There could be damage to nearby or- propriate medical judgment, for the preser- in the United States? gans. There could even be paralysis. vation of the life or health of the mother. Mrs. BOXER. It would be a disaster These are the terrible incidents that This is the heart of Roe. for women. I have noted that before could happen to a woman if a doctor is Mr. DURBIN. The Senator is saying Roe, 5,000 women a year died because in a situation of an emergency late- this proposal we are receiving, banning there were very harsh laws. If Roe v. term procedure and is not able to use a specific abortion procedure, does not Wade was eliminated, women would everything he has been able to use up allow an exception for the health of the not have the right to privacy in this until S. 3. mother. matter. Early-stage abortion would not Mr. DURBIN. So for clarity, I ask the Mrs. BOXER. That is right. be between her and her doctor and her Senator, the bill we are going to be Mr. DURBIN. Even though the Su- God and family, but it would be a mat- asked to vote on has an exception. This preme Court ruled 2 or 3 years ago on ter for Senators to determine—and procedure is allowed if the life of the a State statute that tried to do the State Senators and assembly members mother is at stake. But all of the sig- same thing that it clearly was uncon- and Governors all over this country. nificant health risks which you have stitutional or at least violative of Roe And a woman would risk her freedom if just read, does this bill allow a doctor, v. Wade, they have already thrown that she had an abortion, just like we had in the midst of a medical emergency, out. Yet the Senate is going to be before 1973. to terminate a pregnancy if there is a asked to vote again to eliminate an So affirming Roe v. Wade is the right significant health risk to the mother? abortion procedure which a doctor may thing to do. It has made a difference in Mrs. BOXER. The answer is abso- decide is in the best interest of a women’s lives. More than anything, I lutely not. That is why it is so shock- woman who, late in her pregnancy, fac- think as our country matures, we rec- ing to me. My friend knows because he ing an emergency, has a significant ognize that women deserve to be treat- worked hard on this. He tried to get a health risk; that is what we are being ed with respect and dignity. It has been health exception. As a matter of fact, asked to vote on? a long, hard road for women in this it was very strong language. Will my Mrs. BOXER. That is right. But it is country, I say to my friend who is such friend remind me what he said in mak- even worse because the language TOM a supporter of equality across the ing that health exception? HARKIN had written into the bill, the board. Women didn’t even get to vote Mr. DURBIN. I offered an alternative sense-of-the-Senate language, is now until 1920. We had to struggle. In 1973, to the bill that will be before us. I said, being stripped out of the bill by the I remember it very well. I remember if late in a pregnancy a woman who is House. The reason we are here talking women risking their lives to get an il- carrying a fetus is in danger of a griev- about this is, I want the Senate to dis- legal abortion. I had read a case of a ous physical health risk, verified by agree with what the House did. It is woman who was raped and she was so two doctors—not just a doctor per- bad enough to do what we have done fearful and embarrassed and ashamed, forming the procedure but another doc- here without my vote—and I believe she got an illegal, botched abortion. tor, for a second opinion, has to verify without yours, although I am not sure She was sick and the doctor even it—then it would be allowed. That was in the end how you voted. threatened to call the police on her. defeated on the floor. What I tried to The bottom line is, it is bad enough Mr. DURBIN. I ask the Senator this do was to narrow the exception, even to ban a procedure and make no excep- question. I can recall in the time I have

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11459 been in public service that the vocal I want to ask the Senator from Cali- ily planning funding. We voted in Con- supporters of Roe v. Wade and keeping fornia this: Based on what she has seen, gress for $34 million for international abortion safe and legal used to contain and what I have seen in almost 21 years family planning money. The Bush ad- in their ranks many women who re- on Capitol Hill, if those people are suc- ministration will not spend a penny. membered vividly from a personal ex- cessful in the Senate and House and When you ask them why, they say perience or a family experience what it eventually overturn Roe v. Wade, can these agencies are using it for abor- was like before Roe v. Wade, when the Senator give me some indication of tion. That is plain untrue. It is untrue. women in desperate circumstances what she thinks is next when it comes They don’t because they are audited sought an abortion in an unhealthy, to issues of family planning—issues and monitored, and they cannot. unsanitary, unclean surrounding, en- that women value as much as their Roe In winding down this debate—and we dangering their lives. I ask the Sen- v. Wade rights, but those issues as have several hours left—I want to say ator, does she believe the national de- well? Have we not seen repeatedly in why I think it is so important that we bate is different today because we have the Congress the same voices who are stand in favor of Roe v. Wade. We are had 25 or 30 years of legal opportunities calling for the overturning of Roe v. going to go back to what the debate is to terminate a pregnancy and, thank Wade also limiting options for women really about. It is about standing up goodness, there are fewer of those to plan the size of their family—the for the Senate language that was women whose lives were lost or dam- frequency of children in their family? brought to us by the Senator from aged because of these illegal and unsafe Mrs. BOXER. There is no question Iowa, Tom Harkin, with over 50 of us abortions that preceded them? about it. With this administration, the Mrs. BOXER. I think the Senator is signing on and voting for it, that sim- very first thing the President did was ply says it is the sense of the Senate right. The further we get away from put in place the international gag rule, those years, there is less memory. I that the decision of the Supreme Court which stopped nonprofits all over the in Roe v. Wade was appropriate and se- think there is something else. I think world from getting Federal funds to most people—young people and middle- cures an important right, and such de- use to help these women to plan their cision should not be overturned. It is a aged people—who don’t have that many families. memories of it think Roe v. Wade will very straightforward and simple state- Let me tell you what has happened. ment—elegant, if I may say so; it is an not be overturned; it is just a slogan. We have seen already an assault on a Let me say what my friend knows so elegant amendment by the Senator woman’s right to choose. I think my well. Roe v. Wade is hanging by a 5-to- from Iowa that says to the women of colleague is absolutely right to point 4 vote in the Supreme Court. That is this country that we respect you and, out that Roe is just one of their goals; why I think my colleagues keep com- as my friend said, he is personally op- it is their major goal, however. I will ing back with this approach of banning posed to abortion. You know what. tell you what is happening. Federal this medical procedure, which many That is so much that is right in this regulations were issued by this admin- doctors have used because it was the country of ours. That is what being istration that make embryos and safest one to save the life and health of pro-choice is—that each of us in our a woman. They keep coming and they fetuses, but not pregnant women, eligi- own hearts, with our own family, with keep thinking someday the Court will ble for health benefits. What you will our God, can decide this issue for our- reverse it and go 5-to-4 the other way. see is this is all leading up to the place selves, without Senators peering into I think at that point women will rise where a woman eventually will not our private decisions. What a horrible up. But it is our job. That is why I am have a right to choose, or any rights at thought is that. Really, life is com- so grateful to the Senator for coming all when she is pregnant. In other plicated enough without having a over here. It is our job because we are words, pregnant women now cannot get bunch of Senators deciding what we lawmakers to look ahead and not wait the prenatal care; it is the fetus. We should do in the privacy of our own for that crisis, and to make the point have never done that before. We have homes in the early stage of a preg- and to discuss what could happen to a always recognized that it is the woman nancy. who is nurturing that child; that the woman. She could have a stroke if this That is what Roe was—a very bal- woman gets the help and the child gets procedure is outlawed. She could have anced decision. It says: If you want to the nourishment. a hemorrhage or a blood clot. She go through with this pregnancy, abso- could become paralyzed. She could be There is legislation being pushed here to recognize an embryo as a per- lutely that is your right, but if you do infertile. These are horrible things that not, in the early stages it says to can happen to our daughters, our son with rights separate and apart from the woman. That is another move women: We respect you enough, we granddaughters, and it could even be give you that dignity; we trust you worse. We can have some States, if Roe to set up a situation where abortion, even in the first minute, would be seen enough to make that decision. were overturned, that could put a Senator HARKIN said it right. This woman in jail, could put a doctor in as murder. So this is what is happening today. There is moving legislation Senate stood up with him and we voted jail for trying to assert a privacy right. in favor and appended that language to Mr. DURBIN. I will ask one last ques- forcing some young women to make re- the banning of this medical procedure. tion of the Senator from California. productive health choices alone and Our colleagues in the House looked at First, let me say, though I personally criminalizing caring adults who help this—and they are so radical, I say to oppose abortion, and I would counsel a them. There are attempts to block my friend—and rather than moving woman in my family to look for an al- women’s access to RU486, a drug that is that bill right through to the Presi- ternative, or adoption, and help in any proven safe and effective and would be dent’s desk with sense-of-the-Senate way I could, I believe we have to really an alternative to surgical abortion. language that has no force of law, they make a special effort to protect the le- There are attempts to block access to gality of the decision that a woman ul- emergency contraception. There is a chose to strip out this language from timately makes in this situation, when denial of Roe v. Wade protections to the bill, and now we have to take this her life and her health are at stake—a Federal employees and low-income bill to conference. decision that should be made by her, women who rely on the Federal Gov- The reason I am here and the reason her doctor, her conscience, and her ernment, who live in the District of Co- the Senator from Illinois is here to- family, as the Senator said. lumbia, and to U.S. servicewomen liv- night is to say we are going to take an- What I found 21 years ago, when I ing overseas, and women in Federal other stand in favor of Roe. We are came to Congress with that belief, was prison. These women cannot get the going to vote to disagree with what the the startling discovery that so many health care if they want to exercise House did. We hope that vote will be people who opposed abortion also op- their right to choose, whereas a large, and we hope that the conferees posed family planning. That, to me, wealthy woman can do that. will, therefore, go into that conference seems totally inconsistent—that you Here is your point: They are starving and push hard to have this language would not give to a woman options so funding for family planning programs, added. that she could avoid an unplanned both here and abroad. And there is also If this language is not added, this pregnancy. the cancellation of international fam- Senate is going on record with S. 3,

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11460 CONGRESSIONAL RECORD — SENATE September 15, 2003 minus this language, of saying: Wom- South Carolina, unless we had a pay- Budget Act, that we totally ignore en’s health is just not important. I as-you-go operation. So I moved to in- now. So let’s leave Social Security, hope every woman in this country, crease taxes and got the AAA credit Medicare, and Defense alone. whether they agree with Roe or they rating for the State of South Carolina But let’s take all the other things disagree with Roe, whether they them- back in 1959, before any Southern government does with taxpayer dollars selves would make one decision or an- State, including the State of Virginia, and get rid of them so we can get rid of other, will come together and say: Pro- had a AAA credit rating. taxes. The Departments of State, Jus- choice means that the Government re- I address the distinguished Chair be- tice, Commerce, and Education would spects the individual, and isn’t that cause he gave real leadership to his immediately be abolished. We would really what our country is all about? State of Virginia when he was Gov- eliminate the FBI. I thank the Chair. I yield back my ernor. He knows exactly what we are We would stop building roads or fix- time. talking about. In fact, the gentleman ing the ones we have. We would do The PRESIDING OFFICER. The Sen- we had in South Carolina went back up away with the hospitals receiving Fed- ator from South Carolina. to Richmond, VA, to help in industrial eral support, eliminate the National Mr. HOLLINGS. Mr. President, I ad- expansion. So we worked together try- Institutes of Health, and close all the mire my distinguished colleague from ing to develop public education, strong Veterans Hospitals. California. She is a fighter. She has a communities, and fiscal responsibility We would close the monuments and conscience, and she is dedicated. I am at the State level. But you can come the parks, decertify the food certified delighted to listen to her. I agree with up here to Washington and you can for- by the Food and Drug Administration, her absolutely. get about it. decertify the drugs for the same rea- f I saw one article the other day that son, eliminate all the farm programs. was put in the RECORD relative to When one mentions farm programs, TAXES President Lyndon Baines Johnson. It they can get some attention in this Mr. HOLLINGS. Mr. President, I wish said he didn’t care. Oh, no, he did. He body. That is the crowd that does not to speak about a no-no subject—taxes. didn’t give us guns and butter. He paid want to pay for anything, but they wig- I get really worn out when I go home in 1968 and 1969 for the Vietnam War. gle their way in and walk away with and hear the local folks are against The last time your U.S. Government billions every time, every session. They taxes. I came to public service over 50 balanced the budget was under Presi- always get billions, but let’s do away years ago when there was a conscience dent Lyndon Baines Johnson in 1968– with the farm programs, eliminate the of paying the bill for the Government 1969. We ended up in the black with a development programs, forget about we provided. I will never forget, one of surplus. Thereafter, as chairman of the clean air, clean water, just close the the first measures we had come before Budget Committee under President Environmental Protection Administra- us was a veterans’ bonus for the World Carter I can tell you, we still had a tion; cancel NOAA, cancel NASA, can- War II veterans. I can see Julian conscience. cel the housing programs, close the air- Dusenberry, a Member from Florence, I will never forget that 1980 election. ports because they are supported by whose legs had been shot out from They cleaned out Democrats. I went to Federal taxes. under him. He was a Distinguished the ones who were cleaned out and In fact, just close the prisons. Tell all Service Cross recipient. He raised him- said: Look, you have to give me a vote. the prisoners, sooey, pig, just get out. self up on those brass bars we had at We can’t leave this year with a deficit Just shoo, get out. Get rid of the Presi- the back of the Chamber for him, and bigger than the one we inherited from dent, get rid of the Congress, the Cabi- he said: Mr. Speaker, we all are vet- President Ford. I went to Senator Mag- net, the courts. Just get rid of the gov- erans, but we are all South Caro- nuson, I went to Senator Church, I ernment. linians. South Carolina doesn’t have went to Senator Culver, I went to Sen- I talked to a group in South Carolina the money, and I move to table the ator McGovern, I went to Senator and finally got their attention that we bill. And we killed the veterans’ bonus. Bayh, I went to Senator Gaylord Nel- are lucky to be born in America where It was shortly thereafter that I could son—all defeated in 1980. I said: You there is a government supported by the see we were not providing public edu- have to give me one vote. They did, and taxes that helps provide our opportuni- cation in a general sense for all of our we reduced that deficit. ties. For example, someone born in constituency. More particularly, there Then, of course, when President Zambia can expect to live to only 37 were just absolutely no schools for Af- Reagan came in with voodoo, which years of age; born in Swaziland, 38 rican Americans. I went to one shortly Vice President Bush called it, the idea years; born in Rwanda, 39 years; Mo- after I was elected. It was a one-square is to cut your taxes and that will in- zambique, 40 years; Niger, where some- building, one floor. It was a cold No- crease your revenue. That is absolute one found yellow cake, he lives to be 41 vember day. They had a potbellied nonsense. We know now from voodoo 1, years of age. If I had been born in stove in the middle, a class in one cor- 2, 3, and 4 that we are in the worst Niger, I would have been dead already ner, a class in another corner, a class trouble we have ever been. That is why for 40 years. I do not want to give that in the third corner, and a class in the I take the floor today to speak gen- idea out to a lot of people listening to fourth corner. This African American erally with respect to taxes. what I am talking about. school had one teacher for the four All politicians are against taxes. In Eighty percent of those born today in classes. So I introduced the sales tax to fact, some are so adamant against rural India have worms. Eighty-five pay for education. It was a 3 percent them, they run against the Govern- percent will go hungry and 95 percent sales tax, and we finally enacted it in ment, they run against the job they are in rural India will drink dirty water all 1951. It was quite a struggle, but no- running for. But taxes are what we pay of their lives. One born today in Bot- body has really contested that meas- for a civilized society, said Oliver Wen- swana has a one in three chance of get- ure, nor has anyone put in a bill to re- dell Holmes. ting AIDS, and someone born in Mali peal it. Let’s try, Mr. President, a nation instead of the United States has only a We have to pay for the public without taxes, just momentarily. Let’s 10-percent chance of completing the schools. Under Governor Riley—he was agree, for example, to not touch Social first grade. One born in Brazil has a 40- Secretary of Education—we increased Security and Medicare—they are both percent chance of dropping out of that from 3 to 5 percent. in surplus. In fact, everybody wants to school by the sixth grade. A girl born When I came in as Governor of South save Social Security. If you just left it in Pakistan has less than a 10-percent Carolina, some 40 years ago, we had to alone and quit spending the Social Se- chance of attending high school. In attract industry. Everybody was look- curity revenues on any and everything Senegal one has only a 50-percent ing for jobs. I am sort of an expert at but Social Security, you would have a chance of finding a job. looking for jobs. I traveled the high- $1.5 trillion surplus in the Social Secu- In Sri Lanka, one can expect to earn ways and byways, but before I did that, rity trust fund, which the Greenspan only 40 cents an hour; Haiti, 30 cents an I prepared myself to sell the point. I Commission called for and which we hour; Bangladesh, 20 cents an hour. So knew they were not going to invest in passed in law, section 13–301 of the one born in many countries instead of

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11461 the good old USA, they cannot vote, Thomas Wolfe wrote, each has his own worries me. Even if Congress elimi- they have no labor rights, they cannot shining golden opportunity. nated every nondefense Government even assemble. Because of this land of opportunity, program, it would not get us out of the We all like to think, wait a minute supported by taxes, Asians come hid- deficit hole. now, we all came up by our own boot- den in containers on ships, and Mexi- Every American should refer to page straps; that we did it on our own. No. can immigrants risk their lives every 8 of the Congressional Budget Office If one is born in America, the govern- day to get here. ment has furnished the boot. The gov- Some will say we do not need the Budget and Economic Outlook Update. ernment in America has furnished the taxes. What we need is spending cuts. I I ask unanimous consent that page 8 law and order, educational oppor- say to my dear colleagues, spending and page 10 be printed in the RECORD. tunity, a market economy, clean air, cuts will not do it. I think that is the There being no objection, the mate- clean water, civil rights, labor rights, a thrust of the point that I hope sobers rial was ordered to be printed in the free society. Born in America, as this crowd up. It worries them, as it RECORD, as follows: TABLE 1–3.—CBO’S PROJECTIONS OF DISCRETIONARY SPENDING AND HOMELAND SECURITY SPENDING [In billions of dollars]

Total, Total, 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004– 2004– 2008 2013

TOTAL DISCRETIONARY SPENDING IN CBO’S BASELINE 1 Budget Authority: Defense ...... 455 465 476 488 500 514 527 541 556 571 587 2,442 5,226 Nondefense ...... 391 407 416 427 437 449 462 474 487 500 514 2,136 4,573 Total ...... 846 872 892 914 938 963 989 1,015 1,044 1,071 1,101 4,579 9,799 Outlays: Defense ...... 407 452 472 481 489 506 519 533 552 558 578 2,400 5,140 Nondefense ...... 419 448 460 467 479 491 502 515 528 542 556 2,345 4,988 Total ...... 826 900 931 948 969 996 1,022 1,048 1,080 1,100 1,134 4,745 10,128 DISCRETIONARY SPENDING CLASSIFIED AS HOMELAND SECURITY SPENDING 2 Budget Authority: Defense ...... 12 12 12 13 13 13 14 14 14 15 15 63 135 Nondefense ...... 26 27 28 29 29 30 31 32 33 34 35 143 309 Total ...... 38 39 40 41 42 44 45 46 47 49 50 206 444 Outlays: Defense ...... 11 12 12 12 13 13 13 14 14 15 15 62 133 Nondefense ...... 22 26 27 28 29 30 31 32 33 34 35 141 305 Total ...... 32 38 40 41 42 43 44 46 47 48 50 203 438 1 CBO’s baseline assumes that discretionary spending grows at the rate of inflation after 2003. Inflation is projected using the inflators specified in the Balanced Budget and Emergency Deficit Control Act of 1985 (the GDP deflator and the employment cost index for wages and salaries). 2 This classification includes much of the funding associated with the Department of Homeland Security, as well as funding for homeland security activities performed by other federal agencies, such as the Departments of Justice, Health and Human Services, and Energy. Funding for certain activities of the Department of Homeland Security, such as maritime safety and immigration services, is not included because those activities are not part of the Administra- tion’s definition of homeland security. For a complete discussion of the Administration’s definition of homeland security, see Office of Management and Budget, Annual Report to Congress on Combating Terrorism (June 2002), available at www.whitehouse.gov/omb/legislative/combatinglterrorism06-2002.pdf. In addition, the Administration’s definition includes roughly $1 billion of mandatory spending each year. Source: Congressional Budget Office. Note: Discretionary outlays are usually higher than budget authority because of spending from the Highway Trust Fund and the Airport and Airway Trust Fund, which is subject to obligation limitations set in appropriation acts. The budget authority for such programs is provided in authorizing legislation and is not considered discretionary.

TABLE 1.5.—CBO’S BASELINE PROJECTIONS OF FEDERAL INTEREST AND DEBT [In billions of dollars]

Total, Total, Actual 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004– 2004– 2002 2008 2013

NET INTEREST OUTLAYS Interest on the Public Debt (Gross interest) 1 ...... 333 322 318 356 409 463 510 549 583 611 633 647 2,057 5,080 Interest Received by Trust Funds: Social Security ...... ¥77 ¥84 ¥87 ¥93 ¥102 ¥114 ¥128 ¥142 ¥157 ¥173 ¥190 ¥208 ¥524 ¥1,395 Other trust funds 2 ...... ¥76 ¥73 ¥66 ¥69 ¥74 ¥78 ¥82 ¥87 ¥91 ¥96 ¥101 ¥106 ¥369 ¥848 Subtotal ...... ¥153 ¥157 ¥153 ¥162 ¥176 ¥192 ¥210 ¥229 ¥248 ¥269 ¥291 ¥314 ¥893 ¥2,244 Other Interest 3 ...... ¥8 ¥8 ¥10 ¥11 ¥13 ¥15 ¥17 ¥19 ¥21 ¥23 ¥25 ¥28 ¥65 ¥182 Other Investment Income 4 ...... 0 (*) (*) ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥3 ¥7 Total (Net interest) ...... 171 157 155 184 220 255 282 301 312 318 316 305 1,096 2,648 FEDERAL DEBT (AT END OF YEAR) Debt Held by the Public ...... 3,540 3,986 4,443 4,790 5,027 5,242 5,450 5,631 5,784 5,800 5,645 5,438 n.a. n.a. Debt Held by Government Accounts: Social Security ...... 1,329 1,486 1,650 1,828 2,025 2,241 2,475 2,727 2,996 3,281 3,580 3,891 n.a. n.a. Other government accounts 2 ...... 1,329 1,367 1,436 1,523 1,627 1,739 1,856 1,978 2,104 2,235 2,373 2,513 n.a. n.a. Total ...... 2,658 2,852 3,085 3,352 3,653 3,980 4,331 4,705 5,100 5,516 5,953 6,404 n.a. n.a. Gross Federal Debt ...... 6,198 6,838 7,528 8,142 8,679 9,222 9,782 10,335 19,774 11,316 11,598 11,842 n.a. n.a. Debt Subject to Limit 5 ...... 6,161 6,801 7,491 8,105 8,642 9,185 9,744 10,297 10,845 11,277 11,599 11,803 n.a. n.a. FEDERAL DEBT AS A PERCENTAGE OF GDP Debt Held by the Public ...... 34.2 37.1 39.5 40.4 40.1 39.7 39.2 38.5 37.6 36.0 33.4 30.7 n.a. n.a. 1 Excludes interest costs of debt issued by agencies other than the Treasury (primarily the Tennessee Valley Authority). 2 Principally Civil Service Retirement, Military Retirement, Medicare, and Unemployment Insurance. 3 Primarily interest on loans to the public. 4 Earnings on private investments by the Railroad Retirement Board. 5 Differs from gross federal debt primarily because most debt issued by agencies other than the Treasury is excluded from the debt limit. The current debt limit is $7,384 billion. Source: Congressional Budget Office. Note: * = between ¥$500 million and zero; n.a. = not applicable.

Mr. HOLLINGS. If we turn to page 8, this fiscal year is $640 billion. So do not nate everything. Get rid of it. And we we will see that nondefense outlays for just cut. Eliminate all nondefense pro- still have a $200 billion dollar or more this particular fiscal year that we are grams, eliminate all those depart- deficit. in is 419 billion bucks. But if we turn to ments, prisons, the FBI, the Congress, So do not come around in these debates and give these nice, pleasant, page 10, we will see that the deficit for the courts, the President. Just elimi- Chamber of Commerce, rotary club

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11462 CONGRESSIONAL RECORD — SENATE September 15, 2003 talks that what we really need in pro tunc. They sneaked in all kinds of federal deficit ballooned. A few years after Washington is to cut down the spend- things for Kenny Boy Lay. It came to that, the Berlin Wall came down, ending the ing, cut down the size of Government, $250 million. I have never seen such Cold War. We congratulated ourselves and Government is just too big. things. then faced the largest budget deficit since Well, by gosh, come on up here and Then they wanted to get rid of the World War II. just cut it out, and there is still a def- taxes on dividends. I want the party of It seems only fair that the rich should pay icit. So we have over a $200 billion def- Lincoln to remember that Abraham proportionately more, especially now that icit right there and then, and now Lincoln put a tax on dividends to pay the cost of the war against terrorism is rising. They’re the only ones with money to comes President Bush who says he for the Civil War. He was willing to pay spare. Look at the numbers: In 1979, the top needs $87 billion—like we have some for the war. We have paid for every 5 percent of earners took home 16.4 percent money. We are just nothing but wal- war, until now. of total family income, but by 2001, their lowing around in the red using credit Let me be brief here because I can see share had increased to 22.4 percent. In con- cards, and so he asks that the Congress the hour is getting late. Rather than trast, in 1979 the bottom 60 percent of earn- provide $87 billion more for Iraq. Of going into this very interesting article ers took home 31.4 percent of total income; course, that is all on the credit card by the former Secretary of Labor, Dr. by 2001 their share had declined to 26.8 per- further, a bigger deficit. It is really a Robert B. Reich, printed in USA Today cent. sin and a shame. entitled ‘‘Tax wealthy to pay for Iraq Besides, the very richest Americans benefit What we are saying is, me and my war,’’ I ask unanimous consent to have disproportionately from a stable federal gov- generation and most of the generations that article printed in the RECORD. ernment that protects their property and of the Members that I see and who can There being no objection, the mate- maintains public tranquility. speak this evening say we ain’t going rial was ordered to be printed in the President Teddy Roosevelt made that case to pay the bill. We do not want that GI RECORD, as follows: in 1906, arguing that the wartime inheritance in downtown Baghdad to get killed. We [From the USA Today, Sept. 15, 2003] tax should continue during peacetime: ‘‘The man of great wealth owes a particular obli- TAX WEALTHY TO PAY FOR IRAQ WAR want him to rush back to pay the bill gation to the state because he derives special because we ain’t going to pay for it. We TEST PATRIOTISM’S DEEPER MEANING advantages from the mere existence of gov- need a tax cut so next year we can get (By Robert B. Reich) ernment.’’ President Bush says he will ask Congress reelected. That is the message of ev- It is the least the wealthy can do when so for $87 billion in emergency spending for erybody running around with flags on many others are sacrificing for the nation. military and intelligence operations in Iran their lapels showing how they support Most wealthy kids never come near a front and Afghanistan. That’s on top of the $79 bil- the troops. line. During the first Gulf War, enlistment lion Congress already has approved to pay rates for children of the richest 15 percent Well, come on. Support the troops? for the war and its immediate aftermath. When are they going to cosponsor my Neither of these figures includes an esti- were one-fifth of the national average. value-added tax? I tried it with the mated $50 billion more that will be needed to Charles Moskos, a sociology professor at value-added tax after we failed with rebuild Iraq, or any additional expenditures Northwestern University and expert on mili- Gramm-Rudman-Hollings. We worked we may need for homeland security. tary affairs, notes that in his 1956 Princeton class, 450 of 750 men served in the military. with President Reagan in a bipartisan How can we afford all that? The coming fiscal year’s federal budget In those days, America still had a draft. Last fashion and we did a good job momen- deficit already is approaching $600 billion. year, only three of Princeton’s 1,000 grad- tarily for 2 or 3 years, but then instead Add in the extra spending, and it’s close to uates served. of using Gramm-Rudman-Hollings to $600 billion. And that’s just one year’s tab. The Bush administration doesn’t seem in- cut back some $35 billion in spending The total over all the years it will take to terested in a war tax on the wealthy. To the each and every year, we were using it stabilize both Iraq and Afghanistan and win contrary, the White House has been busily as a cover to increase spending $35 bil- the war against terrorism is likely to be far shifting the tax burden away from the rich— lion each and every year. higher. phasing out the estate tax, cutting taxes on So I said give me a divorce from that. Bush and the Republican Congress have no dividends and parceling out other tax breaks real plan to pay for these extra costs. At one I don’t want my name connected with to them. The president says this is the way time they mentioned Iraq oil, but the oil to stimulate a sluggish economy. But the it. I got hold of Dick Darman, when won’t be flowing in substantial volume until President George Herbert Walker Bush, rich aren’t going to spend the extra cash. wells and pipelines are rebuilt, which could They already spend as much as they want. take years. America’s major allies haven’t the senior Bush, took office. Darman They’re more likely to invest it around the offered to foot the bill. Given that France was the OMB Director. world, wherever they can get the highest re- and Germany are still grumpy about the I said: Dick, we ought to have a turn. Repealing a year’s tax cut for the top Iraqi war, and Britain’s Prime Minister Tony value-added tax. 1 percent would generate almost enough to Blair is taking a great deal of heat about it They discussed it. I got a little note cover the entire $87 billion of additional at home, there’s no reason to suppose that from Papa Bush to the effect that he spending on Iraq. they will be offering a lot of financial help. might consider that but not right now, One thing is certain. Neither the White A war tax, properly structured, also would his first year in office. House nor Congress is considering the best prevent the rich from squirreling away their We tried and tried until we got to solution: a year tax on wealthy. Raising income in foreign tax shelters. An acquaint- President Clinton. Then we had a show- taxes is politically unpopular. Bush has ance from law school, now a partner in one down on how to act responsibly. With- wanted only to cut taxes, especially on of Washington’s biggest firms, with offices to out a single Republican vote in the America’s wealth. Yet there’s a strong his- many countries, recently explained to me House, without a single Republican tory of conservatives and Republicans who one such dodge as we lunched in a swanky vote in the Senate, President Clinton have embraced war taxes as the fairest and restaurant. He and his partners use tax rules best way to finance the costs. to create offsetting taxable gains and losses, and this Democratic Congress passed Traditionally during wartime, taxes have then allocate the gains to the firm’s foreign an increase in taxes as well as spending been raised on top incomes to pay the extra partners, who don’t pay taxes in the United cuts. We cut some $350 billion to $400 costs of war. The estate tax—overwhelm- States. That way, they keep the losses in the billion in spending, but we increased ingly paid by wealthy families—was imposed United States and shelter their income taxes on the high and wealthy. We in- by wartime Republican presidents Abraham abroad. A war tax, properly structured, creased the income taxes. We increased Lincoln and William McKinley. It was main- would close such foreign loopholes. gasoline taxes. We increased Social Se- tained through World War I, World War II, the Korean War, Vietnam and the Cold War. I noted he had an American flag lapel pin. curity taxes. Now, the estate tax is being phased out, at ‘‘You’re supporting our troops,’’ I said, refer- I will never forget the distinguished least until 2011, as part of the tax cut of 2001. ring to it. ‘‘Yup,’’ he replied, entirely miss- Senator from Texas, Mr. Phil Gramm, The top income tax rate rose during World ing my point. ‘‘And I can’t stand all those saying they were going to be hunting War I to 70 percent. In World War II, it naysayers who are knocking America. I down the Democrats in the streets and reached more than 90 percent. In 1953, with mean, we stand or fall together, right?’’ shooting us like dogs when they found the Cold War raging, Republican President Exactly. Suggesting that the wealthy out we were, by gosh, going to increase Dwight Eisenhower refused to support a Re- should pay more to support the nation in publican move to reduce it. By 1980, it was time of war isn’t inviting class warfare. It’s taxes on Social Security. still way up there, at 70 percent. Then Ron- exploring a deeper meaning of patriotism. But you see now that rich crowd ald Reagan slashed it to 28 percent, giving us The basic question is what we own one an- comes in, and what they want and all the lowest top tax rate of all modern indus- other as citizens. The question seems espe- they ask for is: Give me an income tax trialized nations. Because Reagan kept cially pertinent in a newly dangerous world, cut. Give me a retroactive one, nunc spending record sums on the military, the in which we stand or fall together.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11463 Mr. HOLLINGS. Secretary Reich, he local broadcast is the primary source The networks have been allowed to wants to tax the 1 percent most for local news, weather, public affairs buy up stations, and they are buying wealthy. He says that will get us $87 programming, and emergency informa- them up like gangbusters. What we are billion. tion. going to have here is almost one I am for doing away with all of Presi- When we had the 1996 act, it actually branch of government trying to pre- dent Bush’s tax cuts so we can get jobs was a bill that I had worked on 2 years serve localism in the public interest. It and the economy going, as we did as chairman of the Commerce Com- is not going to happen if this con- under President Clinton. When we mittee. I can see George Mitchell, the tinues. It just threw everyone into tur- passed that, back in 1993, we had 8 majority leader, trying to get it up be- moil. years of the finest economic growth cause we passed it out of the com- There isn’t any question. On the that you have ever seen. We put the mittee unanimously. We worked in a House side, even though Chairman Government back in the black, and we bipartisan fashion. He could not get it TAUZIN opposed it vigorously, a bipar- did it by increasing taxes. Now they up. In desperation and frustration, he tisan group put in the State, Justice, say to put it back in the black, give said: The first thing I am going to do Commerce appropriations bill that the the rich a tax cut. when we convene next year is call up 45-percent rule of the Federal Commu- nications Commission be reversed and f the Telecommunications Act. Of course we Democrats were beat. go back to 35 percent. We considered FCC MEDIA OWNERSHIP The Republicans took over. Senator the same thing over at the markup of Mr. HOLLINGS. Mr. President, let Larry Pressler, the distinguished Sen- the State, Justice, Commerce appro- me address the particular resolution ator, took over as chairman of the priations bill, and we included that for disapproval of the Federal Commu- Commerce Committee and he put in same provision word for word. nication Commission’s order relative the Republican version. But in con- I ask unanimous consent that an ar- to not only increasing media ownership ference—you can ask Tom Bliley, who ticle entitled ‘‘How Michael Powell from 35 percent to 45 percent but, more was the Republican chairman in the Could Have the Last Laugh,’’ in this week’s Business Week, which goes particularly, also eliminating cross- House and I was working on the Senate right to the cross-ownership, be printed ownership rules so you can own every- side—that we more or less reconciled it in the RECORD. thing. You can own the cable, you can to a bill that we had worked on literally for 4 years to promote competi- There being no objection, the mate- own the television, you can own the rial was ordered to be printed in the newspaper, you can own the satellite tion. We realized we were into a dynamic RECORD, as follows: and many stations and what have you, [From BusinessWeek, Sept. 22, 2003] and, in the main, the networks own environment, changing each day. We HOW MICHAEL POWELL COULD HAVE THE LAST them. worded the language in there so it would not only deregulate but reregu- LAUGH I hasten to add that I hold no brief (By Catherine Yang) for or difference with any of the 10 par- late. Of course the distinguished Chairman Federal Communications Commission ticular Federal Communications Com- Powell went along with every gimmick Chairman Michael K. Powell looks like a mission Chairmen with whom I have in the book, such as it didn’t refer to man on the run. Since he passed sweeping served. I have served, it will be almost rules in June enabling greater media consoli- data, and various other things that my 37 years, beginning with Rosel Hyde dation, an angry public has ignited a fast- colleague over on the House side, BILLY back in 1966, to Dean Burch, to Richard burning backlash against his deregulatory TAUZIN, put in, but we held up. Wiley, to Charles Ferris, to Mark agenda. On Sept. 3, at the urging of public Finally, the other day they put out interest groups, the U.S. Court of Appeals in Fowler, to Dennis Patrick, to Alfred an order relative to the ownership cap Philadelphia stayed the rules until it could Sikes, to James Quello, to Reed Hundt, and the cross-ownership. Let’s take 1 finish reviewing them. The next day, the to William Kennard. Ask any one of second with respect to the ownership Senate Appropriations Committee voted to them. cap. bar the FCC from implementing a new rule allowing TV networks to own stations cov- I got on the Commerce Committee What happens is that we were really and on the Subcommittee on Commu- ering up to 45% of the U.S. audience. trying to hold it to the 25 percent. But while the opponents of media consoli- nications, when John Pastore of Rhode There were some in violation, in excess dation seem to be gaining ground fast, they Island was the chairman of the sub- of that. They wanted to be able to rec- shouldn’t be too quick to declare victory. In committee. For over 20-some years I oncile themselves and come into con- fact, Capitol Hill’s expected repudiation of have served as either chairman of that formance with the law itself and the the networks’ 45 percent limit risks letting subcommittee or ranking member. rule. We got down to the base wire and the steam out of the debate—and leaving Powell’s laissez-faire legacy intact. Until Right to the point, I want to try to everything else of that kind. There was agree with our distinguished FCC now, lawmakers and the anti-Big Media in- not any question in our own minds that surgents have focused on gutting this one chairman, Michael Powell. I tried my the 25 percent was enough ownership, rule. The 45 percent cap has become a ral- best to sit down and talk with him. I because we could see how the radio was lying symbol, but the regulations that would realized from the get-go that he was off going at the particular time. truly reorder America’s media landscape and on a toot because he was asked, just as We all know how radio has gone, affect local communities have flown under he was coming into office, about the where they can own 1,200 stations. the radar. These would allow companies to public interest. He was asked, at his snap up not only two to three local TV sta- When you get that kind of ownership, tions in a market but also a newspaper and maiden news conference, for his defini- they can’t just give numbers, you have up to eight radio stations. If the courts and tion of the public interest. to get control. Congress are worried about the dangers of Powell joked: I can’t get any kind of local thing. It media consolidation, they’ll have to resist I have no idea. The term can mean what- is all foreign. In fact, you are liable to calling it a day after dispensing with the ever people want it to mean. It’s an empty get the weather out of India at your network cap and go after the rule with real vessel in which people pour in whatever their local hometown station. They are read- bite. preconceived views or biases are. ing from some kind of report. As it stands now, TV’s Big Four networks I could see we would have trouble be- We had a system that was actually will be losers among media outlets—thanks mostly to vociferous lobbying by inde- cause here is a regulatory body to checks and balances at the Federal pendent TV affiliates. With strong ties to carry out the rules and regulations and Government level. In other words, in lawmakers who depend on them for cam- the intent of the Congress to regulate, broadcasting, the content was provided paign coverage, the affiliates have succeeded and here he is coming in and saying: by producers. The networks served as in getting a House vote against the 45 per- No, no—market forces. The public in- wholesalers and the local affiliates as cent rule and will likely see a rerun of that terest is just something fanciful. It is distributors. Now the networks have episode when the Senate votes by October. an ‘‘empty vessel,’’ to use his charac- come in and gotten their own program- But with Fox and CBS already each owning stations that cover about 40 percent of the terization. ming. They have done away with the fi- nation’s audience, ‘‘going up another 5 per- Free market analysis does not apply nancial syndication rule. They have cent isn’t going to make a dramatic dif- to the broadcasting industry because of gotten into their own programming in ference,’’ says Scott A. Stawski, a media spectrum scarcity; that is, the primary vertical integration. consultant at Inforte in Chicago.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11464 CONGRESSIONAL RECORD — SENATE September 15, 2003 In contrast, opening the floodgates to There being no objection, the mate- withstanding a White House veto because it’s allow local behemoths to combine news- rial was ordered to be printed in the attached to a spending bill. Powell says the tighter rules are outmoded papers, TV, and radio stations under one roof RECORD, as follows: would change media ownership in towns and as cable threatens free broadcast TV, but, cities, concentrating it in the hands of a few. [From USA Today, Sept. 15, 2003] ‘‘(Congress) makes the rules, and we imple- Even in midsize cities, such as San Antonio, FCC’S POWELL KEEPS CHIN UPASREGULATION ment them. I think that’s completely fine.’’ for instance, one company might own the STORM RAGES Yet he ripped the legislative proposals as leading newspaper, two TV stations, eight (By Paul Davidson) hollow because they don’t offer guidance on radio stations, and several cable channels. WASHINGTON.—Federal Communications ownership regulation. ‘‘It is, in some ways, Powell argues the explosion of cable net- Commission Chairman Michael Powell is unan anti-vote.’’ he says. works and the Internet brings a wide choice bowed by a string of rebukes from Congress, And when critics rail against big media, of media to communities, even if there’s a the courts and the public to his agency’s rul- ‘‘I’m not sure what problem people are try- spate of mergers. And—no surprise here— ing allowing media giants to get bigger. ing to solve. I don’t have the sense I don’t most media companies agree. ‘‘In hindsight, maybe I would have done a hear every viewpoint from the left to the Yet there’s little doubt that, once given right on Fox, MSNBC and CNBC.’’ the go-ahead, these rules would spur local little more of this, a little less of that,’’ Powell, a Republican, said last week in an Powell says he can ‘‘absolutely see the ar- consolidation. Owning a second or third sta- gument’’ that easing media limits further tion in a market is irresistible for TV sta- interview in his corner office. ‘‘But I don’t believe what we did in the mainstream was could give too much influence to a handful of tion owners, which can splash expenses by a behemoths, but insists his changes are mod- third by ditching duplicate cameramen, stu- incorrect.’’ Powell has endured an unusually punishing erate. ‘‘It’s an amazingly gradual, modest dio technicians, and reporters. The econo- package. The difference between 35 and 45 mies of newspaper-broadcast crossownership year for an FCC chairman. He lost his bid early this year to deregulate the regional (percent) is the network might own five may be dicier, but publishers such as Trib- more stations in the United States. So no, I une Co., Gannett, and Media General want Bells’ phone service when fellow Republican Kevin Martin sided with the agency’s two do not think that’s the end of democracy.’’ stations where they publish—if for nothing But Andrew Schwartzman of the Media Ac- Democrats. He has come to personify a more than to cut costs in back-office oper- cess Project notes the national cap was 25% much-maligned push by the Bush adminis- ations. before Congress raised it in 1996. ‘‘This is a tration to give ‘‘big media’’ too much influ- True, the new media giants could conceiv- very substantial increase. Chairman Powell ence. And each move against his media plan ably plow their savings back into improving persistently trivializes the heartfelt con- by Congress or the courts is portrayed as a local news coverage. But public companies cerns of the public.’’ personal defeat that further erodes Powell’s are more likely to use them to boost returns Schwartzman, some say dealt Powell his status as the USA’s top communications reg- to shareholders. ‘‘If they can downsize the most stinging defeat when he persuaded a ulator. operational budget through having fewer U.S. appeals court this month to block all In an interview, Powell was calmly defiant, people cover the news, they’ll do it,’’ says the FCC’s new regulations from talking ef- exuding little sense that he is at the epi- Jill Geisler, head of the leadership program fect until it rules on a broader challenge to center of a national firestorm. ‘‘It does not at the Poynter Institute, which promotes them. Washington media lawyer Christy journalism standards. faze me one bit that you’re going to talk Kunin says the stay indicates the court be- But even asking whether TV duopolicies about me, because I don’t think I’m the lieves the challenge has at least ‘‘some and newspaper TV combos can produce bet- story,’’ says Powell. ‘‘The story should be merit.’’ ter news may be beside the point. ‘‘The test (what is the best) policy for the American But Powell contends: ‘‘The court’s decision is how many different voices we have,’’ says people.’’ has been radically exaggerated. It has mere- James F. Goodmon, CEO of Capitol Broad- The newest and potentially most far-reach- ly said, ‘Let’s chill out,’ and gives us a fair casting Co., a Raleigh (NC)-based TV station ing setback could come Tuesday, when the change to consider’’ the case. group that is opposed to the FCC’s rules. Senate considers a rare resolution to reverse He also dismisses complaints that he could ‘‘What’s good news to you is bad news to me. all the FCC’s new media ownership rules. have handled the media ruling with more I’m really worried about someone deciding Backers of the measure expect it to pass, sensitivity, perhaps heeding calls to delay what good news is.’’ The courts and Con- though it faces a battle in the House from the vote another 30 days to give the public a gress, too, should guard against a Powell Republican leaders and a veto threat from chance to comment. doctrine that could end up muffling more President Bush. ‘‘The commissioners who asked for the 30 voices than it adds. The FCC rules, approved by the commis- days weren’t going to change their vote in sion in a party-line 3–2 vote in June, would Mr. HOLLINGS. Mr. President, we any way.’’ let TV networks own local stations reaching, had the support of the National Asso- Powell concedes the drumbeat of protest in total, 45% of the national audience, up ciation of Broadcasters with respect to against his media plan ‘‘is intense. I’m a from 35%. The rules also would allow owner- the overall check of the 45 percent human being.’’ But, ‘‘I don’t personalize pol- ship of a newspaper and a TV or radio station being turned back to the 35 percent and icy.’’ in the same market and up to three TV sta- The son of Secretary of State Colin Powell, not go up to 45 percent. However, the tions in the largest cities. station owners realized that money Michael Powell is a former Army officer, A diverse coalition, from the National Justice Department official and antitrust could control and they could be in a po- Rifle Association to Common Cause, argues lawyer who is deemed a rigorous intellectual sition where cross-ownership would be the overhaul would give a handful of con- analyst but short on the political skills redone away with. There is a lot of big glomerates too much control over what peo- quired of an FCC chairman. He admits dis- money with these oligopolies coming ple see, hear and read. comfort with the swirl of politics. ‘‘I like to Powell downplays concerns as ‘‘melodra- in and buying up their stations, which think of the agency as more judicial than matic.’’ Noting that a 1996 law and a federal legislative. And when it gets infected with would position them monetarily and appeals court ordered the FCC to justify its enhance the value of their station. whose constituency is going to win, I don’t old rules or scrap them, he said the resolu- like that. It’s very unsatisfying when you re- We don’t have the support of the Na- tion to be voted on Tuesday would spawn tional Association of Broadcasters on alize somebody’s voting a certain way for po- ‘‘chaos.’’ litical reasons.’’ that cross-ownership. But the Senator ‘‘Why is it better for this country to rein- Powell cites deregulation of the wireless from North Dakota, Mr. DORGAN, has it state rules that have been overturned by a industry and promotion of high-definition in as a resolution of disapproval. I am court? Under the terms of the (resolution), TV among his biggest successes. He denies we’re not even allowed to replace them.’’ a cosponsor. Senator LOTT and many of rumors he’s poised to step down. There’s But Sen. Byron Dorgan, D–N.D., who nothing imminent. The criticism, he adds, our Republican colleagues are also co- launched the resolution push, disagrees. sponsors. We discharged that one out ‘‘is not fun. But it’s what you’re forced to en- ‘‘The court did not overturn the rules. The dure to be successful in this job.’’ from the Commerce Committee. court told the FCC that they must justify The Stevens-Hollings authorization the rules. Instead, the FCC decided to take a Mr. HOLLINGS. Mr. President, you bill on the return of 45 percent from high dive on behalf of the biggest corporate can see, as they say in this article, the 35 percent has been reported and is interests.’’ that Chairman Powell is defiant. He pending at the desk for consideration. I Dorgan says his measure would simply re- says that it would spawn chaos. It think the appropriations process is the instate the old media limits, adding nothing wasn’t chaos. We had some competi- only way that we can proceed. would stop the FCC from issuing revised tion. In fact, Senator MCCAIN and I are I ask unanimous consent to have rules that make more tempered changes. trying to reregulate the radio stations, The resolution is the latest blow to Pow- printed in the RECORD an article from ell’s media deregulation plan. The House in bring them back and do away with the USA Today from this morning entitled July voted to reinstate the 35% cap, and the ownership and make them divest to a ‘‘FCC’s Powell keeps chin up as regula- Senate is expected to follow suit. That more certain number. But he says the com- tion storm rages.’’ limited measure stands the best chance of missioners now ought to have the

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11465 views of the public. That is very inter- channels, 20 are now owned by 1 of the big 5 promised to them but also aims to im- esting. media companies. prove future conditions for current Mr. President, now Michael Powell is They own each other. You talk to Federal and civilian employees. The going to have a task force designed to Chairman Powell, and he says, Look, years of experience on Capitol Hill and prevent any media company from hav- cable is going to be taken over and in Federal agencies have made NARFE ing excess power over competition or there won’t be any free broadcast. The a name respected by Members of Con- viewpoints. free broadcaster is the one who owns gress and a key player in the Federal He does that after two of the com- the cable. He is totally off base. He just community. missioners begged for public hearings. will not regulate. An order for localism Throughout my congressional career, They literally begged. They were told is a sham and a farce. The American NARFE offices across my State have they did not have money enough, and people ought to understand it and they contacted me on numerous occasions they could only hold one hearing. That ought to understand why we do not urging me to support legislation bene- hearing was held in Richmond. have the support of the National Asso- ficial to those who helped strengthen From their own particular little ciation of Broadcasters. They want to our country over the past decades. Its budget, they had 13 hearings. Now a enhance the value of their individual members have always been forthright firestorm has erupted. You not only stations. They see if you can get the in suggesting legislative remedies for have the National Rifle Association cross-ownership, the value of their sta- their problems—I appreciate that. and consumer groups, but you have the tion locally. One of the big oligarchies Again, I wish to extend my congratu- people of authority and respect such as will give an inordinate price and they lations to all involved in making this Walter Cronkite and Barry Diller. You can go to Virginia Beach, the sun, take momentous occasion possible, and I can go right on down the list all saying it easy, and will not have to worry. look forward to working closely with this is the worst thing that could pos- I appreciate the indulgence of the Chapter 0336 and other NARFE offices sibly happen. Senate at this late hour. I only ask well into the future. The interesting thing is that Com- that you give close attention to the bi- f missioner Powell says they have ‘‘pro- partisan Dorgan-Lott resolution, that duced a balanced structural rule faith- THE AL NEUHARTH MEDIA we disapprove it, and put us back to CENTER ful to the directors of Congress.’’ Total, where we were before they started a total applesauce—applesauce and balo- feeding frenzy, according to all the Mr. DASCHLE. Mr. President, today ney. I can tell you that we begged and stockbrokers in the market in New I would like to salute a great American we coached. I thought maybe it was a York, ready to buy up all the rest of and South Dakotan, Mr. Al Neuharth. personality difference. the stations as soon as it becomes ef- As the founder of USA Today, former I get along with his father, Secretary fective. It has been stayed by the chief executive officer of Gannett New Powell. In fact, he and I received hon- court. Rather than causing chaos, it Service, and founder of the Freedom orary degrees at Tuskeegee together. will bring us back and maybe we can Forum, he has made immeasurable He calls me Dr. Hollings. I call him Dr. find out from the task force of local- contributions to our understanding of Powell. I have provided him every red ism, of Chairman Powell, what really the world. cent he has ever wanted for State De- needs to be done, what the public inter- Mr. Neuharth’s commitment to free partment appropriations as Secretary est is. speech and the press began with a of State. I have that particular appro- I yield the floor. paper route in Eureka, SD, when he priations. was 11 years old. Al continued to work f But Michael Powell is a different in local media throughout his youth, character entirely. He is very com- MORNING BUSINESS later in the composing room at the petent, very smart, and very intel- Ms. MURKOWSKI. Mr. President, I weekly Alpena Journal in neighboring ligent, but not a regulator. He just be- ask unanimous consent that the Sen- Alpena. Following his service in World lieves that the public interest is an ate proceed to a period for morning War II, Al returned home to South Da- empty vessel and the market forces business. kota, graduating from the University should control. When he says ‘‘faithful The PRESIDING OFFICER. Without of South Dakota in 1950 with a degree to the directors of Congress,’’ that is objection, it is so ordered. in journalism. exactly what he has not been. He has f Upon graduation, Al Neuharth began been totally unfaithful. We begged him what would be a historic career in to hold up the order. CONGRATULATIONS ON 50 YEARS print media. He began working for the This particular reference in the order OF SERVICE Associated Press in Sioux Falls, SD, as itself shows that he thinks they need Mr. DASCHLE. Mr. President, today a reporter and soon launched his first big hearings on localism. Why didn’t he I would like to congratulate Chapter publication, a statewide weekly tabloid hold up the order before he had the 0336 of the National Association of Re- called SoDak Sports. While SoDak task force, before he had the hearings? tired Federal Employees, NARFE, on Sports would not prove to be his most The task force will make legislative the occasion of its 50th anniversary. successful venture, Mr. Neuharth recommendations to Congress to Fifty years ago, Chapter 0336 was pressed forward as a journalist. In 1954, strengthen localism. We fought like ti- formed by 17 NARFE members in Rapid he became a reporter at the Miami Her- gers to try to get him to listen, and he City, SD. Today, the chapter’s mem- ald, quickly ascending the ranks, and just absolutely would not listen. bership has grown to include over 200 in 1960 he was named assistant execu- Mr. President, quoting from this persons. As many of my colleagues tive editor of the Detroit Free Press. morning’s Wall Street Journal: know, NARFE has been instrumental This remarkable success demonstrates Entertainment giants such as Viacom, in protecting the rights of retired Fed- that Al’s talent for straight truth and NBC parent General Electric Co. and Walt eral and civilian employees. love of communication was visible to Disney Co., which owns ABC, now reach The importance of Federal employees all who worked with him. In 1963, more than 50 percent of the prime-time tele- Neuharth began his career with Gan- vision audience through their combined is well illustrated by the overwhelming broadcast and cable outlets. The total rises majority of those in the Chamber nett News Service as the general man- to 80 percent, if you include the parents of today. Federal and civilian employ- ager of its two Rochester, NY, news- newer networks—such as News Corp.’s FOX ment is an essential component of gov- papers. Only 7 years later he was and AOL, Time-Warner, Inc.’s WB—and ernmental efficiency. These employees named president and chief executive of- NBC’s pending acquisition of Vivendi Uni- are the backbone of our great country, ficer of Gannett News Service, a posi- versal SA’s cable assets, estimates Tom and those who devote their lives to tion he held until his retirement in Wolzien, an analyst at Sanford C. Bernstein public service deserve to know that 1989. Under Al’s leadership, the com- & Co. The big media companies are quietly re- they will retire with dignity. pany launched USA Today in 1980—the creating the ‘‘old programming oligopoly’’ of By acting as an advocate for these re- first national daily newspaper—and the pre-cable era, notes Mr. Wolzien, a tirees, NARFE not only ensures that their reputation for quality journalism former executive of NBC. Of the top 25 cable retirees receive the benefits that were has grown each year since.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11466 CONGRESSIONAL RECORD — SENATE September 15, 2003 Upon retiring from Gannett News draw strength and support from her prompted this impasse. The White Service, Al Neuharth founded the Free- family and many dear friends. House always had the key to unlock dom Forum in 1991 and has since dedi- I consider it a privilege to have this stalemate. cated his work to the pursuit of ‘‘free known Frank O’Bannon. He grew up in In the absence of cooperation from press, free speech, and free spirit for all Southern Indiana in the town of the White House, and with the persist- people.’’ I have had the pleasure of Corydon during the 1940s, where he ex- ence of the White House’s stonewalling, working with Al on many occasions perienced first-hand the special charm Mr. Estrada has concluded that this and have seen his genuine commitment of that era captured so wonderfully in impasse will continue. He is probably to preserving free expression for all the movie Hoosiers. After graduating right, and he and his family can now Americans. from Indiana University in 1952, he move on with their lives. In addition to his ongoing efforts to served in the Air Force, went to law preserve free speech, Al Neuharth has school and then came home to settle In the aftermath of the announce- also dedicated both time and treasure down and work as a lawyer and pub- ment on September 4, some Republican to his hometown of Eureka, SD, and lisher of weekly newspapers. Members of the Senate have come to has never forgotten his South Dakota He was first elected to the Indiana the Senate floor and sought out the roots. Most notably, he contributed State Senate in 1970 and went on to airwaves to renew their offensive and greatly to the Eureka Information Cen- serve 18 years there—much of it as the untrue rhetoric about this nomination. ter. This center houses community Democratic floor leader. He was Lieu- I must take a few moments to set the nonprofits and civic organizations, pro- tenant Governor for 8 years before historical record straight. viding a space for the involvement and being elected Governor in 1996 and then First, some Republicans have re- dialogue that strengthens small towns. re-elected by a wide margin in 2000. He peated their false assertion that Demo- On September 25, 2003, Mr. was an optimist by nature, a consensus crats opposed Mr. Estrada’s nomina- Neuharth’s alma mater, the University builder and a man of absolute integ- tion because of his ethnicity. That is of South Dakota, will dedicate its Al rity. I always looked forward to my absurd. In the last Congress, Senate Neuharth Media Center. This center, visits with him. I will miss him great- Democrats swiftly acted to confirm six funded by the Freedom Foundation and ly. Latino judicial nominees—Christina the University Foundation, will house On Saturday, our Lieutenant Gov- Armijo, NM; Judge Phillip Martinez, the Freedom Foundation’s regional of- ernor, Joe Kernan, was sworn in as In- TX; Randy Crane, TX; Judge Jose Mar- fices, South Dakota Public Broad- diana’s 48th Governor. He will serve tinez, FL; Magistrate Judge Alia casting, the University’s Department the remainder of Governor O’Bannon’s Ludlum, TX; and Jose Linares, NJ. of Contemporary Media and Jour- term, until January 2005. During this Congress, Democrats have nalism, the Native American Journal- Frank O’Bannon’s remains will be unanimously supported the confirma- ists Association, the University’s pub- buried near other family members in a tion of six other Latino judicial nomi- lication The Volante, campus radio small cemetery in Corydon. He touched nees—Edward Prado, Fifth Circuit; station KAOR and television station many people in his life. May he rest in Consuelo Callahan, Ninth Circuit; S. KYOT. peace. James Otero, CA; Cecilia Altonaga, FL; Freedom of the press is an essential f Xavier Rodriguez, TX; and Frank component of America’s experiment in WITHDRAWAL OF THE ESTRADA Rodriguez Montalvo, TX. All of these democracy and one of the principal NOMINATION nominees received the unanimous sup- reasons the experiment has succeeded. port of the Senators in the Democratic By training future journalists and de- Mr. LEAHY. Mr. President, earlier caucus. fenders of the first amendment, the this month the President withdrew the nomination of Miguel Estrada to the Moreover, it was Democrats who Neuharth Media Center will convey worked to clear the nominations of Al’s passion for free speech and help U.S. Court of Appeals for the District of Colombia Circuit. This was a nomi- Judge Prado and Judge Callahan to the ensure that this great experiment in circuit courts over delays and initial democracy will be preserved for gen- nation for a lifetime appointment to the second highest court in the land. objections from the Republican side of erations to come. the aisle. Yet some Republican Sen- I am proud to honor Al Neuharth and The Constitution accords the Senate the duty to make informed judgments ators assert that those who opposed the University of South Dakota Mr. Estrada’s confirmation to the cir- Neuharth Media Center and proud to for these lifetime appointments to our Federal courts. Senators cannot make cuit court did so ‘‘because he’s His- know Al Neuharth. panic.’’ That is obviously false, de- f informed judgments if the White House stonewalls the Senate. meaning and divisive. TRIBUTE TO GOVERNOR O’BANNON This withdrawn nomination is an- These partisans may need to be re- Mr. LUGAR. Mr. President, it is my other example of the White House’s in- minded that, in addition to supporting sad duty today to inform the Senate sistence on dividing instead of uniting the confirmation of two other Latinos that the State of Indiana has lost its the American people over the Presi- nominated to the appellate courts by beloved Governor, Frank O’Bannon. He dent’s decisions for the Federal courts. President Bush, Democrats supported passed away on Saturday at North- Ultimately, the nomination was a cas- the appointment of 11 Latinos nomi- western Memorial Hospital in Chicago, ualty of that divisive policy. For more nated by President Clinton to the ap- where he was being treated for a mas- than a year, the White House has con- pellate courts. It was Republicans who sive stroke suffered five days earlier. sistently spurned many private and blocked three of those Latino circuit He was 73 years old. public bipartisan appeals to resolve court nominees of President Clinton. All of us in Indiana mourn the loss of this matter by working with the Sen- Those qualified and distinguished this fine man, whose kind and gentle ate to provide access to requested in- Latino nominees were never given nature had won the hearts of so many formation. Mr. Estrada’s work at the hearings by the Republican majority Hoosiers over the years. Frank Justice Department was at the core of and never allowed to come before the O’Bannon will always be remembered the administration’s claims for his full Senate. They were not opposed for the warmth and friendliness that qualification to serve on this court. De- through debate and votes in the light were essential elements of his char- spite the questions raised about his of day; instead, their nominations were acter. He was a true Hoosier. work at the Justice Department and filibustered and killed by delay, in the He and his wife, Judy, had been mar- the ample precedents from similar doc- dark of night, without any meaningful ried 46 years and were part of a close- ument requests involving earlier nomi- explanation of any substantive con- knit family that includes their three nations, this administration decided to cerns about their nominations. This all children and five grandchildren. Judy stonewall the Senate. This begs the rhetorical question: Do the was at his side at the hospital when he stonewalling, combined with Mr. current Republican charges mean that passed away. I extend my deepest con- Estrada’s reluctance to answer sub- Republicans are anti-Hispanic for hav- dolences to Judy, and I know she will stantively Senators’ questions, ing blocked three Hispanic nominees to

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11467 the circuit courts and for having op- licans. Senator SESSIONS moved to in- the Latino community. After inter- posed, delayed and voted against nu- definitely postpone the vote after we viewing Mr. Estrada, like the CHC, and merous others nominated by President overcame the Republican filibuster, also reviewing his public record and his Clinton? The facts are clear and the after Judge Paez had been waiting for reputation, PRLDEF concluded that facts are indisputable, and the facts more than 4 years, and 31 Republicans Mr. Estrada was not sufficiently quali- belie the false charges that we have voted with Senator SESSIONS on that fied for a lifetime seat on the nation’s heard from some on the other side of motion after their filibuster failed. Of second highest court and that, among the aisle. course, now Republicans have the te- other concerns about his poor tempera- Republicans blocked three Latino merity to assert that it is unprece- ment for the job, ‘‘he has not had a nominees of President Clinton to the dented to filibuster a circuit court demonstrated interest in or any in- appellate courts from ever receiving a nomination. What short memories they volvement with the organized Hispanic vote: Enrique Moreno, who was nomi- must believe the American people community or Hispanic activities of nated to the 5th Circuit; Jorge Rangel, have. I discussed this in more detail in any kind.’’ Their letter was included in who was nominated to the 5th Circuit; the CONGRESSIONAL RECORD of Feb- the CONGRESSIONAL RECORD and dis- and Christine Arguello, who President ruary 10, 2003. cussed on the dates I just noted. I also Clinton nominated to the 10th Circuit. The nomination of Judge Hilda Tagle included for the CONGRESSIONAL In addition, Republicans refused to to a District Court seat in Texas was RECORD, the serious concerns raised by allow votes on three of President Clin- pending before the Senate for 943 days, the Mexican American Legal Defense ton’s Hispanic district court nominees, before Republicans finally allowed her and Education Fund, MALDEF, and Ricardo Morado, R. Samuel Paz, and a vote on the floor of the Senate. After California La Raza Lawyers, CLRL, Anabelle Rodriguez. Republicans did failing to defeat her nomination which also opposed Mr. Estrada’s con- not allow a hearing or a vote in the Ju- through anonymous delay, not a single firmation. They wrote: diciary Committee or on the floor in a Republican explained the delay. Repub- [I]t is unclear whether he would be fair to cloture vote or confirmation vote on lican delays such as these on Clinton Latino plaintiffs as well as others . . . we any of these six Latino nominees. I will nominees are discussed in more detail found evidence that suggests he may not serve as a fair and impartial jurist on allega- include for the RECORD a letter from in my statements published in the CON- Judge Rangel, a well-regarded nominee tions brought before him in the areas of ra- GRESSIONAL RECORD on May 1, 2003, as cial profiling, immigration, and abusive or of President Clinton, who never re- well as in statements about Mr. improper police practices where those prac- ceived a confirmation vote from the Estrada’s nomination by Senator REID, tices are adopted under a ’broken window Republican majority at that time. Senator KENNEDY, Senator SCHUMER theory’ of law enforcement . . . We have con- Republicans did not just block those and others. cerns about whether he would fairly review six Latino judicial nominees of Presi- I hope these facts will finally put to standing issues for organizations rep- dent Clinton from receiving votes, they rest the untruths that have been manu- resenting minority interests, affirmative action programs or claims by low-income con- also dragged their feet on the con- factured and perpetrated to attack firmation of others who were left pend- sumers. We are also unsure, after a careful those who opposed the confirmation of view of his record, whether he would fairly ing for a long time, often without any Miguel Estrada. For Republicans to protect labor rights of immigrant workers or public statements identifying the con- claim that those who opposed the the rights of minority voters under the Vot- cerns that were delaying those nomi- Estrada nomination were motivated by ing Rights Act. nees, in contrast to Mr. Estrada’s nom- anti-Hispanic sentiment is wrong. It is In the CONGRESSIONAL RECORD of Feb- ination which has been debated in the offensive, base and baseless. Indeed, I ruary 24, 2003, I also included the an- light of day. When they unsuccessfully have spoken about the extensive oppo- nouncements of the opposition to this filibustered Judge Rosemary Barkett sition to the Estrada nomination from nomination by most of the past Presi- and Judge Richard Paez, were they Hispanic leaders and organizations. dents of the Hispanic National Bar As- doing so because the nominees were That opposition of Latino leaders from sociation. In the face of the facts about Hispanic? When they delayed and op- around the country who opposed the our confirmation of a dozen Hispanic posed the confirmation of Judge Sonia Estrada nomination included our col- candidates nominated by President Sotomayor, do recent Republican leagues in the Congressional Hispanic Bush to the circuit or district courts statements mean that they did so be- Caucus, CHC. According to the CHC and the breadth and depth of the oppo- cause she is Hispanic? scorecard, Mr. Estrada failed most of sition of most of the Latino civil rights Overall, during President Clinton’s the factors for their evaluation of judi- groups, it is astonishing that Repub- tenure, 10 of his more than 30 Hispanic cial nominees. Furthermore, Mr. licans continue to assert that those nominees were delayed or blocked from Estrada told members of the Caucus: who oppose Mr. Estrada’s confirmation receiving hearings or votes by Repub- [H]e has never provided any pro bono legal are anti-Hispanic. That is such an out- lican leaders. The Hispanic judicial expertise to the Latino community or orga- right and obvious untruth. Yet we see nominees denied a vote by Republicans nizations. Nor has he ever joined, supported, some of these untruths recycled again are Moreno, Rangel, Arguello, Morado, volunteered for or participated in events of and again in news reports and com- Paz, and Rodriguez. The four Hispanic any organizations. Nor has he ever joined, mentaries, despite the facts. These judicial nominees delayed but ulti- supported, volunteered for or participated in baseless allegations for purposes of events of any organization dedicated to serv- mately confirmed over Republican op- wedge politics and partisan advantage position are Judges Richard Paez, a ing and advancing the Latino community. As an attorney working in government and the are wrong and dangerous. Mexican-American nominated to the private sector, he has never made efforts to The facts are that of the 12 Latino Ninth Circuit; Judge Hilda Tagle, a open doors of opportunity to Latino law stu- appellate judges currently seated on Mexican-American nominated to the dents or junior lawyers . . . [and] he never ap- the Federal courts, eight were ap- Texas district court; Judge Rosemary pealed to his superiors about the importance pointed by President Clinton and two, Barkett, an immigrant from Mexico of making such efforts on behalf of Latinos. Judges Prado and Callahan, were nomi- nominated to the Eleventh Circuit; and These are just a few of the concerns nated by President Bush and confirmed Judge Sonia Sotomayor, whose family raised by the Members of the CHC, with unanimous Democratic support. I hails from Puerto Rico. Of these 10, which are detailed in several state- discussed the problems with the three waited more than 2 years to re- ments I have made, including my state- Estrada nomination in contrast to the ceive a vote or were never accorded ments in the CONGRESSIONAL RECORD nominations of Judge Prado and Judge one. Republicans delayed consideration on February 5, 2003; February 10, 2003; Callahan in the CONGRESSIONAL RECORD of the nomination of Judge Richard February 24, 2003; February 25, 2003; as of April 28, 2003 and May 22, 2003, re- Paez for more than 1,500 days yes, that well as on July 30, 2003. spectively, as well as in contrast to is correct, more than 1,500 days and Mr. Estrada was also opposed by the less controversial district court nomi- then when he finally did get a vote, 39 Puerto Rican Legal Defense and Edu- nees on March 27, 2003, March 31, 2003, Republicans voted against his con- cation Fund, PRLDEF, a national civil and May 6, 2003. firmation to the Ninth Circuit. He was rights organization concerned with ad- I have included in the record almost unsuccessfully filibustered by Repub- vancing the civil and human rights of seven dozen editorials or commentaries

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11468 CONGRESSIONAL RECORD — SENATE September 15, 2003 in opposition to the Estrada nomina- they would never have a vote on the nees with similar records did not re- tion or in support of the Democratic floor. According to the public record, ceive the high rating Mr. Estrada did, filibuster. Those editorials were men- more than 60 of President Clinton’s ju- in this or past administrations. In fact, tioned in the CONGRESSIONAL RECORD dicial nominees were defeated by will- people with similar records received on March 6, 2003, and April 2, 2003. At ful refusal to allow them a vote and partial not qualified ratings, when the the end of my remarks today, I will in- more than 200 executive branch nomi- process was conducted more fairly and clude excerpts from additional edi- nees of President Clinton met the same with more candor, and when the can- torials and op-ed columns in opposition fate, including several Latinos, with didate did not already have the impri- to the Estrada nomination or in sup- their nominations nixed in the dark of matur of the President through his port of the Democratic filibuster of night without any accountability. nomination. this nomination. In particular, I note They were filibustered and never al- I would also note that before the the editorial of The New York Times lowed a vote on the Senate floor. I dis- hearing on the Estrada nomination, this week entitled, ‘‘Straight Talk on cussed this history in more detail on Federalist Society insiders gave a spe- Judicial Nominees.’’ February 26, 2003, in the CONGRES- cial seminar on how to get through the On the issue of the history of the use SIONAL RECORD. confirmation process and urged Presi- of filibusters in connection with nomi- In addition, in the CONGRESSIONAL dent Bush’s judicial nominees to say as nations, some Republicans would now RECORD on March 5, 2003, March 11, little as possible. Mr. Estrada appears have the public believe that a filibuster 2003, and March 13, 2003, I summarized to have followed those marching orders of a nominee is, in their words, ‘‘un- the history of filibusters of nominees. I to a ‘‘T’’ and to his own detriment. precedented.’’ This is another decep- also spoke on May 19, 2003, about the During the hearing on his nomination tion. As some of these same Repub- history of Senate debate and the con- he often refused to answer questions or licans well know, they filibustered the stitutionality of Rule XXII of the Sen- provided evasive answers. He declined nominations of Judge Paez and Judge ate rules. The fact of the matter is that to share his views on important Su- Berzon on the floor of the Senate in many nominees have been blocked preme Court cases and his judicial phi- 1999 and 2000, as they conceded at that from receiving votes throughout the losophy. For example, Senator SCHU- time. By way of example, I note that Senate’s history. For example, 25 Su- MER asked Mr. Estrada to name a sin- several Republicans currently serving preme Court nominees were not con- gle case from the entire history of Su- voted against cloture, the motion to firmed in the history of our Nation. preme Court law that he disagreed close debate, after the Paez nomination Eleven of those nominations were de- with, Mr. Estrada refused. He claimed had been pending before the Senate for feated by delay, not by confirmation he could not comment on any case if he more than four years. I have already votes on the Senate floor, including the had not read the briefs, listened to oral noted that even after losing the cloture nomination of Justice Fortas. Since argument, done independent research vote, Republicans led by Senator SES- the early 19th Century, nominees for and conferred with colleagues. SIONS moved to indefinitely postpone a the highest court and to the lowest Most who knew Mr. Estrada person- vote on Judge Paez’s nomination, and a short-term post have been defeated by ally seemed to agree that he was actu- number of Republican Senators cur- delay, while others were voted down. ally a very opinionated person. He ad- rently serving voted to continue to Not even all of President Washington’s mitted in his testimony that he could block action on the Paez nomination in nominees were confirmed or those of be ‘‘ruthless’’ in his criticism of legal 2000. Yet some Republican Senators other presidents, often for political or and political opinions. Yet, before the now claim that it is unprecedented to ideological reasons. Filibusters and Senate Judiciary Committee, he would filibuster or deny a circuit court nomi- other parliamentary tactics to delay not describe those views and claimed to nee an up or down confirmation vote matters were known to the Framers. have no views he could or would share on the Senate floor. There was even a filibuster in the first with the only people entrusted with re- Their filibuster of Judge Paez’s nomi- Congress over locating the capital. viewing his record and recommending nation is just one example of Repub- The plain truth is that Democrats his nomination for a lifetime job on the lican filibusters of Democratic nomi- opposed the nomination of Mr. Estrada Federal bench. nees. Others include Dr. David Satcher to the DC Circuit based on serious and Then Republicans even tried to as- to be Surgeon General in 1998; Dr. legitimate concerns regarding the sert that it would be unethical for Mr. Henry Foster to be Surgeon General in stonewalling of the Senate by this Estrada to answer questions by Sen- 1995; Judge H. Lee Sarokin to the Third White House and this nominee. The DC ators. However, the Supreme Court Circuit in 1994; Ricki Tigert to the Fed- Circuit is the nation’s second most im- held in 2001 that it does not violate ju- eral Deposit Insurance Corporation in portant court, because it has exclusive dicial ethics for judicial candidates to 1994; Derek Shearer to be an Ambas- or special jurisdiction over a broad comment on legal issues, as long as sador in 1994; Sam Brown to an ambas- array of far-reaching federal regula- they do not promise how they will rule. sador-level position in 1994; Rosemary tions, such as the rights to safe work- Ironically it was the Republican Party Barkett, born in Mexico, nominated to places, fair employment practices, that had sued the State of Minnesota the Eleventh Circuit, 1994; Larry Law- clean air and water, and other impor- to ensure that their candidates for ju- rence, to be ambassador in 1994; Janet tant laws—areas with which Mr. dicial office could give their views on Napolitano at the Justice Department Estrada had very little experience. legal issues without violating judicial in 1993; and Walter Dellinger to be As- Republicans lean heavily on the rat- ethics, the State counterpart to the sistant Attorney General for the Office ing of the ABA, a group that Repub- ABA model rule. Republicans took the of Legal Counsel at the Justice Depart- licans helped oust from the pre-nomi- case all the way to the Supreme Court ment in 1993. nation process and a group which ever and won. In an opinion by Justice The nominations of Dr. Foster and since then has sometimes seemed over- Scalia, the Supreme Court ruled that Mr. Brown were successfully filibus- ly eager to get back into their good the ethics code did not prevent can- tered on the Senate floor by Repub- graces. Yet, as Senator REID noted in didates for judicial office from express- licans. Similarly, the nomination of the CONGRESSIONAL RECORD in Feb- ing their views on cases or legal issues. Abe Fortas by President Lyndon B. ruary and March of this year, there Justice Scalia said that anyone coming Johnson to the Supreme Court of the were certainly irregularities in the rat- to a judgeship is bound to have opin- United States was successfully filibus- ing given to this nominee by the Amer- ions about legal issues and the law, and tered by Republicans with help from ican Bar Association, with the person there is nothing improper about ex- some southern Democrats. who recommended a well qualified rat- pressing them. Specifically, in Repub- In addition, to the short-term and ing working closely with the Bush ad- lican Party of Minnesota v. White, 122 S. life-time appointees of Democrats ministration on high-level appoint- Ct. 2528 (2002), the Supreme Court over- whose nominations were subject to ments and co-founding the Committee ruled ABA modeled restrictions against sometimes fatal delay on the floor, Re- for Justice to run attack ads against candidates for judicial office from ex- publicans made an art form of killing Democrats, while still serving on the pressing their views on legal issues nominations in Committee so that ABA rating committee. Other nomi- while seeking judicial office. Justice

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11469 Scalia explained in that majority opin- vised the Senate during Justice request, I have put into the record nu- ion: Rehnquist’s judicial nomination when merous examples of legal memos pro- Even if it were possible to select judges he reviewed memos provided to the vided to the Senate by other adminis- who do not have preconceived views on legal Senate by the Justice Department trations, so I will not list them again. issues, it would hardly be desirable to do so. which were written by and to I will only say that it is clear to me ‘‘Proof that a Justice’s mind at the time he Rehnquist when he was the head of the and other Senators who have examined joined the Court was complete tabula rasa in Office of Legal Counsel. Indeed, the the record or remember the history the area of constitutional adjudication long-standing policy of the Justice De- that past requests of the Senate for would be evidence of lack of qualification, partment, prior to this administration, legal memos from the Justice Depart- not lack of bias.’’. . . And since avoiding judicial preconceptions on legal issues is neither regarding Congressional requests for ment were honored, that many of these possible nor desirable, pretending otherwise memos and other non-public informa- memos involved decisions about ap- by attempting to preserve the ‘‘appearance’’ tion was a ‘‘policy of accommodation.’’ pealing cases or other significant legal of that type of impartiality can hardly be a Former administrations cooperated or policy issues, that these memos compelling state interest either. with countless requests for internal were written by line attorneys to the Id. at 2536 (quoting Justice documents sought by Members of Con- Solicitor General as well as by the So- Rehnquist’s opinion in Laird v. Tatum, gress as well as more recently by Ken- licitor General or Assistant Attorney 409 U.S. 824 (1972)). neth Starr, who sought and obtained General, that some memos were pro- Judicial ethical rules do not prevent documents containing the advice of the vided on a confidential basis while oth- Senators from learning about a judicial President’s attorneys and closest advi- ers were made public and placed in candidate’s views. Senators are trying sors. hearing records and other congres- to evaluate whether a nominee should The administration also objected sional documents, and that all these be given a lifetime position, and the that some other Justice Department claims about this request being unprec- Senate hearing room should not be the attorneys who have been nominated to edented are just so much false rhetoric. only place where a judicial candidate other positions were not the subject of Congress was not required to stumble cannot or will not discuss his views of memo requests. However, they fail to in the dark in connection with other the law and his opinions. acknowledge that those nominees were nominations where memos were Especially problematic was the stand not the subject of allegations by their sought, and I am glad that the Senate taken by the administration on the supervisor of many years that they did not cave in here, despite all of the Senate’s request to examine the memo- could not keep their ideological views attacks, intimidation and false claims randa written by Mr. Estrada at the out of their memos and their work for the Bush administration and its allies Justice Department. Because Mr. the Department, unlike Miguel have made. Estrada has no record and because his Estrada. The fact that the Senate does In sum, this administration treated impartiality was called into question not always request such memos does the concerns of members of this co- by one of his direct supervisors at the not diminish its power to do so and the equal branch with contempt at nearly every turn. As I stated at the outset of Justice Department, these memoranda precedent to request such documents this debate, I would have welcomed a would have provided important in- when Senators believe it is important record on which I could have had sights into Mr. Estrada’s approach to to examine them. Indeed, the Senate strong confidence about the type of issues involving individual rights and would be abdicating its responsibilities to serve as a check on nominations if it judge Mr. Estrada would be. Senators the weight of precedent. I discussed the were denied adequate information to precedent for this request in my re- had ignored the serious concerns raised about Mr. Estrada’s writings before make an informed judgment about marks reprinted in the CONGRESSIONAL giving him a lifetime appointment as a whether to entrust this nominee with RECORD of February 5, 2003; February the powerful position to which he was 12, 2003; February 13, 2003; March 5, judge with immense power over the nominated. As I mentioned in the CON- 2003; March 18, 2003; and May 8, 2003. lives of all Americans. Mr. Estrada told the Senate that he was proud of his GRESSIONAL RECORD of July 30, 2003, it Senator DURBIN and Senator KENNEDY writings and that he did not object to is regrettable that this Administration also addressed this issue at length in did not choose to cooperate and act in their remarks. History makes clear their being shared with the Senate but the administration refused every at- good faith in this nomination and in- that internal legal memos were re- stead sought to use this nominee as a quested and provided to the Senate in tempt at compromise. Additionally, as Republicans readily admitted when a pawn in its high stakes game of wedge connection with, among others, the politics. I am certain that this process nominations of Robert Bork to the Su- Democrat was in the White House, it has been the long-standing practice of must have been a difficult one for Mr. preme Court, Brad Reynolds to be As- Estrada and his family. It is too bad sociate Attorney General, William the Senate not to recognize attorney- client, work-product, or deliberative that White House and Justice Depart- Rehnquist to the Supreme Court, Ste- ment advisors did not follow the ap- phen Trott to the Ninth Circuit, and process privilege claims. As for the generic claim that people proach they took with another Bush Ben Civiletti to be Attorney General. working for the federal government in nominee, Jeffrey Holmstead who was In each of these appointments, internal the Solicitor General’s office would be nominated to the EPA, and whose legal memos to or from the nominees chilled from candidly expressing their White House Counsel’s Office memos were requested and provided to the views, it seems unlikely that Mr. this very administration shared with Senate. Estrada was chilled by the revelation the Senate in order to accommodate Basically, the Bush administration’s of legal memoranda during the Bork, the concerns of Senators. Instead, the response to our request has been con- Rehnquist, Trott and Reynolds nomi- Administration ignored precedent and temptuous from the beginning. The ini- nations in the few years before he common sense in stonewalling the Sen- tial response of the Justice Depart- joined the Solicitor General’s office. ate, ignored the suggestions of comment was that the request was unprec- Indeed, as the Supreme Court noted in promise by Republican and Democratic edented. That is abundantly inac- the Nixon tapes case, it is quite un- Senators, and chose the path and the curate. This administration has itself likely ‘‘that advisors will be moved to tactics of unilateralism. shared White House Counsel records in temper the candor of their remarks by As I mentioned, earlier this year, on connection with a nomination. There is the infrequent occasions of disclosure.’’ March 6, and April 2, 2003, I placed into simply no legal or historical basis for U.S. v. Nixon, 418 U.S. 683 at 712, 1974. the record excerpts from 45 editorials denying the Senate access to the Thus, while the desire for candor in the and 34 op-eds in support of the position memoranda requested here. The histor- Executive Branch may be strong, it is of Democratic Senators on the nomina- ical precedent for the Senate’s request not an absolute right against disclo- tion of Mr. Miguel Estrada’s nomina- actually supports it. Scores of legal sure in response to requests from a co- tion to the Court of the Appeals for memos to and from Robert Bork when equal branch pursuant to its express D.C. Circuit, because Republicans had he was Solicitor General were provided powers under the Constitution. been asserting that there were only a to the Senate during his judicial nomi- In my previous statements on the few editorials or op-eds in support of nation. Walter Dellinger himself ad- floor of the Senate about the document our concerns. Here are some excerpts

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11470 CONGRESSIONAL RECORD — SENATE September 15, 2003 from 14 additional editorials or op-eds 5, 2003: ‘‘His refusal to discuss such basics as vice on his candidates. The Democrats’ fili- expressing concerns about Mr. his views of federalism vs. states, preroga- buster is our only hope that this administra- Estrada’s nomination, bringing the tives, for instance, was disturbing because it tion won’t pack the courts with judges eager total to nearly 100. This controversial was virtually impossible to assess his fitness to reverse precedents that reflect the Amer- for the job. It’s unfortunate that his legal ican mainstream.’’ nomination clearly divided, rather practice and his family life were disrupted in When All Else Fails, Throw Mud, It Might than united, the American people. I such a manner. . . . But senators concerned Stick, Roanoke Times & World News, August ask unanimous consent to print in the about the federal judiciary could hardly do 6, 2003: ‘‘When far-right appellate candidate RECORD excerpts of 11 recent editorials less when they knew so little about him.’’ Miguel Estrada failed to get through, it was and 3 op-eds, as well as the New York Miguel Estrada Bows Out, The New York a case of anti-Hispanic bias, they claimed. Times piece entitled ‘‘Straight Talk on Times, (September 5, 2003: ‘‘The Constitution . . . The charges might be humorous if not Judicial Nominees.’’ requires not only the Senate’s consent but for their potential harm to the public sphere. There being no objection, the mate- also its advice, and it is on this score that Most immediately, the threat is that they the Bush administration has been most re- rial was ordered to be printed in the would actually succeed in their purpose, mis- calcitrant. The White House has resisted lead Americans into an uproar and pressure RECORD, as follows: Senate Democrats’ requests to be brought Democrats to abandon opposition for which Straight Talk on Judicial Nominees, The into the process earlier. If the administra- they had valid reason: Each of the can- New York Times, September 10, 2003: ‘‘When tion insists on having conservative didates had either an extremist record or, in Miguel Estrada withdrew his nomination for ideologues choose its judicial nominees in se- Estrada’s case, little record at all and no in- a federal judgeship last week, his backers cret, it should not be surprised when Mr. clination to enlighten the Senate on his blamed anti-Hispanic bias. Republicans are Estrada, and others like him, fail to be con- views. Over the longer term, the danger is regularly tossing around such charges over firmed.’’ that repeated false accusations such as judicial nomination setbacks, calling them Estrada Case Shows How Not to Nominate these, however ludicrous, will provoke ethnic anti-Hispanic, anti-Catholic, anti-woman. a Judge, Newsday (New York), September 11, and sectarian divisions as well as increase But these battles have been over ideology, 2003: ‘‘Bush should have advised Estrada not cynicism among the many Americans al- and the scope of the Senate’s questioning of to stonewall legitimate Senate inquiries. ready estranged from the political process.’’ nominees. The name-calling is puerile and And he should have allowed senators a look Estrada’s Dream Lost Out to King’s, Mary divisive . . . [S]ome of the stiffest opposition at Estrada’s legal writings from his time in Sanchez, Kansas City Star, September 9, to Mr. Estrada . . . came from Hispanic lead- the solicitor general’s office. Lacking any 2003: ‘‘The cries from Senate Republicans ers, including the Congressional Hispanic real sense of what Estrada thinks about the came quickly and were not so thinly veiled. Caucus. And while many Democratic sen- legal issues of the day, senators were right Appalled, several accused their filibustering ators opposed Mr. Estrada, they have voted to block his appointment to the powerful colleagues of bias against Hispanics. It is not to confirm 12 of President Bush’s other His- U.S. Circuit Court of Appeals for the District that some members of the Senate don’t want panic judicial nominees. The Republicans’ of Columbia. Stealth nominees shouldn’t be Hispanic nominees. They just didn’t want record is worse. In the Clinton era, they de- rewarded with lifetime jobs on the federal this Hispanic nominee. The facts do not sup- nied confirmation votes to six Hispanic judi- bench. Neither should nominees with port the accusation of bias.’’ cial nominees, and delayed others for years. ideologies outside the broad mainstream of Bush’s ‘Good Hispanic’ Has Telling Record, Jorge Rangel, who went 15 months without a political thought, like the handful currently Cindy Rodriguez, Denver Post, September 5, hearing on his federal appeals court nomina- being blocked, as Estrada was, by Demo- 2003: ‘‘Bush hoped the 38 million Latinos tion, wrote to Senate Democrats last week cratic filibusters.’’ across the country would cheer his pick. to ask where Republican senators’ ‘‘cry for A Shame, But Nothing New, Columbus Bush’s people depicted Estrada as a humble diversity on the bench’’ was when he was Ledger-Enquirer, September 9, 2003: ‘‘In fact, immigrant from Honduras who struggled, forced to withdraw in 1998. . . . Diversity is Congress has both the right and the duty to learned English, then made his way into Co- not the only issue on which Republicans are advise and consent—not merely to obstruct, lumbia University, then Harvard Law not talking straight. During the Clinton ad- and not merely to rubber-stamp. And maybe School. That’s what we call una gran ministration, prominent Republicans argued it shouldn’t be enough that a nominee is mentira. A big lie.’’ that there were too many judges on the Dis- ‘qualified’ in a nominal sense, if his or her Dem’s Judicial Objections Valid, Richard trict of Columbia Circuit, and opposed Clin- ideology or interpretation of the Constitu- J. Condon, Seattle Post-Intelligencer, Au- ton nominees on the grounds that con- tion should strike a lawmaker as outrageous gust 7, 2003: ‘‘Miguel Estrada refused to an- firming them would be a waste of tax dollars. or unconscionable.’’ swer pertinent questions about his judicial But now that a Republican president is Bush Team Should Look In The Mirror, philosophy and the Bush administration re- nominating people like Mr. Estrada to the The Berkshire Eagle, September 8, 2003: ‘‘The fused to provide significant background on court, these objections to its size have with- White House can fume all it wants at the Estrada’s judicial work; Estrada has never ered.’’ Democrats whose Senate filibuster blocked served as an appellate judge. Democrats No Tears Needed Over Estrada’s With- the nomination of Miguel Estrada to the rightly view that the Senate cannot ‘‘advise drawal, The Post-Standard (Syracuse, NY), powerful U.S. Court of Appeals for Wash- and consent’’ to a nomination without sub- September 7, 2003: ‘‘Conservatives engaged in ington, D.C. but if it truly wants to find the stantive information to support the nomi- over-the-top condemnation of Estrada’s op- source of the blame for the failed nomina- nees’ qualifications for the bench. Although position after he resigned. Bush called tion it should look in the mirror. The Bush Bush seems willing to wait until after Estrada’s treatment disgraceful. Senate Ma- administration’s penchant for secrecy, con- Estrada is confirmed to a lifetime appoint- jority Leader Bill Frist, R-Tenn., called it a tempt for the legislative branch of government to the federal appellate bench to meas- shameful moment in the history of this great ment and determination to force radical jus- ure his qualifications, I agree with Senate institution. Hardly. Never mind that con- tices onto the courts, doomed the nomina- Democrats that it is prudent to get that servatives have done the same thing to lib- tion from the start. issue resolved beforehand.’’ eral nominees. Estrada, however, was secre- Some Judicial Picks Aren’t Lightning In addition, there have been many dozen tive about his views, refusing to answer Rods, San Antonio Express-News, September letters to the editor submitted and published many questions the Senate needed to evalu- 6, 2003: ‘‘When presidents insist on nomi- in opposition to editorials or reports sup- ate him. The Senate wisely declined to rub- nating strongly ideological candidates to the porting the Republican position on this nom- ber-stamp him for such a key post. Also judiciary, they provoke this kind of frus- ination. Here is just a few recent examples of troubling was the GOP claim that Democrats trating action. Republicans bottled up a full many letters from across the country: were anti-Hispanic for rejecting Estrada. 60 percent of President Clinton’s nominees. Scrutiny In Order, Amanda S. Mattingly, Fact is that most Hispanic leaders also re- The Senate Judiciary Committee never Argus Leader (Sioux Falls, SD), May 29, 2003: jected Estrada, believing his views were too voted on two of his choices for the D.C. ap- ‘‘In South Dakota, we would never hire any- conservative and detrimental to Hispanics, peals court.’’ one for a job without an interview or an ap- as well.’’ Democrats Mustn’t Allow Bush to Pack plication. That simply makes no sense. Yet, Estrada Was a Bad Pick, Capital Times Courts With Extremists, Charleston Gazette that is exactly what people want done with (Madison, WI), September 5, 2003: ‘‘When the (West Virginia), August 10, 2003: ‘‘As for the Miguel Estrada. Estrada has failed to provide president nominates responsible conserv- others, Democrats would be remiss in exer- the Senate with even the most basic infor- atives to fill judicial vacancies, they are ap- cising their ‘‘advice and consent’’ responsi- mation. A federal judgeship is a lifetime approved with little trouble. When he nomi- bility if they did not block Pryor, Owen and pointment. That means they can’t ever be nates judicial activists who put their politics Kuhl. All have records of ideological extre- fired. It seems incredibly irresponsible to above the law, however, they run into trou- mism inconsistent with respect for tolerance hire someone for a lifetime job without ble. That’s what happened with Estrada. and diversity. . . . Republicans and Demo- knowing everything about them.’’ America has been well served by the senators crats share blame for the rancorous stand- A Perfectly Appropriate Filibuster, George who blocked this bad nomination.’’ off—one that the president has shown no in- Immerwahr, Christian Science Monitor (Bos- Estrada is Out: Perhaps Future Federal Ju- clination to ameliorate despite suggestions ton, MA), September 9, 2003: ‘‘What was so dicial Nominees Will Be More Cooperative, that he confer with the minority party, as bad about the Senate Democrats’ filibuster Omaha World Herald (Nebraska), September other presidents have done, to seek their ad- to deny Estrada’s confirmation? Over the

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11471

course of a four-year term, a president will ‘‘It seems clear that survival for the Demo- THE RANGEL LAW FIRM, P.C., submit a great number of nominees to the crats will have to come from outside the Corpus Christi, TX, September 5, 2003. Senate. Most of them are readily confirmed game of party politics. They must hope that Hon. PATRICK LEAHY, by large majorities, some even with the Hispanic-Americans can see through the Re- Russell Senate Office Building, unanimous vote of each party. So when a publicans’ shallow use of racial politics to Washington, DC. nominee refuses, as this one did, to answer overshadow their utter lack of commitment Hon. CHARLES SCHUMER, key questions, the opposition party’s use of to real issues, like job creation, health care Hart Senate Office Building, legitimate ways to reject him is far from im- and immigration issues.’’ Washington, DC. proper.’’ There being no objection, the mate- DEAR CHAIRMAN LEAHY AND SENATOR SCHU- A Judicial Nominee, Derailed, Shirley rial was ordered to be printed in the MER: Where was the outrage from your Re- Zempel, The New York Times, September 6, publican colleagues when Enrique Moreno RECORD, as follows: 2003: ‘‘Should our senators blindly vote to and I were denied the courtesy of a hearing approve a nomination without knowing all [From the New York Times, Sept. 10, 2003] on our nominations? Where was their dis- that they need to know about him? I hope STRAIGHT TALK ON JUDICIAL NOMINEES appointment and cry for diversity on the not. All information should be available for When Miguel Estrada withdrew his nomi- bench when I was compelled to submit the scrutiny.’’ nation for a federal judgeship last week, his enclosed letter withdrawing my nomination A Judicial Nominee, Derailed, Harold backers blamed anti-Hispanic bias. Repub- to the Fifth Circuit? The American people House, The New York Times, September 6, licans are regularly tossing around such deserve better. 2003: ‘‘A more cynical view may be that the charges over judicial nomination setbacks, Your truly, Bush administration simply put Miguel calling them anti-Hispanic, anti-Catholic, JORGE C. RANGEL. Estrada forth knowing that the combination anti-woman. But these battles have been of his views and the stonewalling for infor- over ideology, and the scope of the Senate’s JORGE C. RANGEL, mation would cause the delay and resultant questioning of nominees. The name-calling is October 22, 1998. fight. Could this have been nothing more puerile and divisive. The administration and THE PRESIDENT, than a talking point in a Republican effort its supporters should argue for their nomi- The White House, to fractionalize Hispanic voters?’’ nees on the merits. Washington, DC. Checks, Balances Fulfilled Objective, D.B. The House majority leader, Tom DeLay, DEAR MR. PRESIDENT: Fifteen months ago, Decot, The Arizona Republic, September 7, called the effort to defeat Mr. Estrada a ‘‘po- you nominated me to the United States 2003: ‘‘Our system was deliberately designed litical hate crime.’’ Yet some of the stiffest Court of Appeals for the Fifth Circuit. I en- to enable the minority to thwart the opposition to Mr. Estrada, who was nomi- thusiastically welcomed the nomination and tryanny of the majority as it deemed nec- nated to the United States Court of Appeals eagerly awaited a hearing before the Judici- essary. The Senate gave its ‘advice’ on for the District of Columbia Circuit, came ary Committee of the United States Senate Estrada; a sufficient number did not ‘con- from Hispanic leaders, including the Con- to have my qualifications reviewed. I pa- sent’ to his lifetime appointment to the fed- gressional Hispanic Caucus. And while many tiently waited for months, but I never re- eral bench. So the Bush administration has Democratic senators opposed Mr. Estrada, ceived a hearing. My nomination died when to go back to the drawing board and nomi- they have voted to confirm 12 of President the Senate adjourned yesterday. nate someone who is able to gain the ‘‘con- Bush’s other Hispanic judicial nominees. Our judicial system depends on men and sent’’ of at least 60 senators. Big deal. There The Republicans’ record is worse. In the women of good will who agree to serve when are plenty of qualified prospects who are not Clinton era, they denied confirmation votes asked to do so. But, public service asks too extremists, as Estrada is.’’ to six Hispanic judicial nominees, and de- much when those of us who answer the call Schumer Made His Case, Carol Jigarjian, layed others for years. Jorge Rangel, who to service are subjected to a confirmation The Journal News (Westchester County, NY), went 15 months without a hearing on his fed- process dominated by interminable delays July 31, 2003: ‘‘The Bush people are still eral appeals court nomination, wrote to Sen- and inaction. Patience has its virtues, but it whining about delayed approval for federal ate Democrats last week to ask where Re- also has its limits. judges and promoting the canard that publican Senators’ ‘‘cry for diversity on the Many friends and colleagues have urged me Estrada is being opposed because he is His- bench’’ was when he was forced to withdraw to stay in the process by requesting that my panic. Estrada is being opposed because, dur- in 1998. name be resubmitted to the Senate next ing his hearings, he refused to answer ques- Hispanic leaders did not oppose Mr. year. Even if you were to decide to renomi- tions about whether his ideology would get Estrada because he is Hispanic. Catholic sen- nate me, I have no reason to believe that the in the way of the objectivity required of a ators like Richard Durbin and Patrick Leahy Senate would act promptly on the nomina- federal judge. Bush compounded the problem do not oppose William Pryor, a nominee to tion. I am not willing to prolong the contin- by refusing to release information he has re- the United States Court of Appeals for the ued uncertainty and state of limbo in which garding Miguel Estrada’s judicial positions. 11th Circuit, because he is Catholic. Senators I find myself. As a professional, I can no Estrada’s silence and Bush’s refusal to re- Dianne Feinstein and Barbara Boxer do not longer postpone important decisions attend- lease pertinent and critical information on oppose Priscilla Owen, a nominee to the ant to my law practice. Estrada’s views raise justifiable suspicion United States Court of Appeals for the 5th Therefore, I would ask that you not resub- that this is just one more attempt by Bush Circuit, because she is a woman. Mr. Estrada mit my nomination next year. There is a to get a committed radical appointed to a would not answer Senators’ questions. Mr. season for everything, and the time has come powerful lifetime position, under the radar.’’ Pryor and Ms. Owens have met resistance for for my family to get on with our lives and Uncover His Record, Evelyn J. Griesse, their archconservative views. Argus Leader (Sioux Falls, SD), June 11, 2003: for me to get on with my work. Diversity is not the only issue on which Thank you for your trust and confidence in ‘‘Our justice system needs to be filled with Republicans are not talking straight. During qualified judges who are at least comfortable nominating me to the Fifth Circuit. I pray the Clinton administration, prominent Re- that you will continue to recognize and with having the public informed of their phi- publicans argued that there were too many losophy and interpretation of the Constitu- honor the diversity that is America, so that, judges on the District of Columbia Circuit, one day, our great country can realize its tion. To Estrada, I say, let the light shine on and opposed Clinton nominees on the his record.’’ full potential. grounds that confirming them would be a Yours truly, Supreme Struggle: Advise and Consent Re- waste of tax dollars. But now that a Repub- JORGE C. RANGEL. quire Elucidation, Josh Hayes, The Seattle lican president is nominating people like Mr. Times, September 4, 2003: ‘‘And sure, the Re- Estrada to the court, these objections to its f publican-controlled Senate did not use the size have withered. filibuster to block Bill Clinton’s nominees, Charing discrimination may score political THE ASSAULT WEAPONS BAN because they were in the majority and could points, but the confirmation of federal Mr. LEVIN. Mr. President, in 1994, I deep-six them without resort to a filibuster judges is too important to be treated so cyni- supported legislation that President and of course, they did.... [Estrada] de- cally. Republican and Democratic senators Clinton signed into law banning the clines to answer any questions about his know what they are fighting over: legitimate production of certain semiautomatic legal philosophy. How can a senator claim, disagreements over how to interpret the in good conscience, to ‘‘advise and consent’’ Constitution and define the role of a federal assault weapons and high-capacity am- on an appointment when the candidate is a judge. They owe it to the American people to munition magazines. The 1994 law complete blank? His ethnic background is, of be honest about their differences. banned a list of 19 specific weapons as course, irrelevant, or is Korrell suggesting Mr. LEAHY. I ask unanimous con- well as a number of other weapons in- we need a quota system on the federal sent to print the following correspond- corporating certain design characteris- bench? (And if you want to make it an issue, ence from Jorge C. Rangel which I ear- tics such as pistol grips, folding stocks, it’s worth pointing out that the Mexican- bayonet mounts, and flash suppressors. American Legal Defense Fund (MALDEF) lier referenced. opposes Estrada’s appointment.)’’ There being no objection, the mate- The 1994 assault weapons ban prohib- A Judicial Nominee, Derailed, Richard rial was ordered to be printed in the ited the manufacture of semiautomatic Cho, The New York Times, September 6, 2003: RECORD, as follows: weapons that incorporate at least two

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11472 CONGRESSIONAL RECORD — SENATE September 15, 2003 of these military features and accept a There has been a steady drumbeat of 200,000 cows, contributing substantially detachable magazine. Pre-existing warnings about the vulnerability of our to their economies. military-style semiautomatic weapons agriculture. Two major studies were re- Hog-raising States also could be vul- were not banned. This law is scheduled cently released that concluded we nerable to the spread of foot-and- to sunset on September 13, 2004. should do more to guard our agri- mouth disease, or to an outbreak of Af- Last week the Educational Fund to culture. The Council on Foreign Rela- rican swine fever. The United States Stop Gun Violence released a report tions, CFR, published a report on our had almost 60 million hogs and pigs entitled ‘‘Killing Machines: The Case emergency response capability that valued at over $4 billion dollars in 2002. for Banning Assault Weapons.’’ This re- said we lacked an effective response to Iowa has the largest industry with port explains why assault weapons are an attack on our national food supply. more than 15 million animals valued at the guns of choice for criminals, and The report recommended spending an over a billion dollars. North Carolina is makes the case for renewing and additional $2.1 billion over the next 5 next with some 9.6 million animals val- strengthening the federal assault weap- years to improve our ‘‘animal/agricul- ued at a half a billion dollars. Ten addi- ons ban. Also last week, the Consumer tural’’ emergency response. tional States have substantial indus- Federation of America announced its On the heels of the CFR report, the tries with more than a million animals: support for the reauthorization of the Partnership for Public Service issued a Illinois, Indiana, Kansas, Minnesota, assault weapons ban. Former Senator study that examined whether the Fed- Missouri, Nebraska, Ohio, Oklahoma, Howard Metzenbaum and Sonia Wills, eral Government has the necessary ex- Pennsylvania, and South Dakota. mother of bus driver Conrad Johnson, pertise to defend against a bioterrorist States with large poultry industries are vulnerable to Exotic Newcastle Dis- the last victim of the Washington, DC- attack. In regards to agricultural secu- ease or avian influenza. In 2002, 14 area sniper attacks, were joined by rity, it said that federal agencies re- States had flocks of over 15 million CFA and 25 state consumer, gun safety, sponsible for safeguarding our agri- birds each: Alabama, Arkansas, Cali- and public health advocates to an- culture and food supply from bio- nounce the beginning of a year-long ef- fornia, Florida, Georgia, Indiana, Iowa, weapons would face ‘‘crushing bur- Minnesota, Mississippi, Nebraska, fort to renew and strengthen the fed- dens’’ if our food and water supplies eral assault weapons ban. I commend North Carolina, Ohio, Pennsylvania, were contaminated. and Texas. Iowa alone has over 40 mil- all of these individuals for their com- These are just the most recent re- mitment to gun safety, and I look for- lion birds valued at over $64 million. ports that recommend we need to do Crops, such as wheat, could also be a ward to working with them and other more to increase our guard. Last fall, gun safety groups to reauthorize the target. A purposeful spread of the the National Academy of Sciences pub- Karnal bunt wheat fungus could have a assault weapons ban. lished a major study on vulnerability Earlier this year, Senator FEINSTEIN strong adverse impact on U.S. exports. of U.S. agriculture. The General Ac- The United States is the world’s lead- introduced the Assault Weapons Ban counting Office, GAO, has issued three Reauthorization Act, which would re- ing exporter of wheat, accounting for reports in the last year that looked at authorize this important piece of gun almost one-third of world wheat ex- food processing security, foot and safety legislation. I am a cosponsor of ports valued at over $3.5 billion in 2002. mouth disease, and mad cow disease. this bill because I believe it is critical Since almost 80 countries do not allow All suggested that we still have a way that we keep these weapons off the Karnal infected wheat to be imported, to go to prevent or prepare for an at- streets and out of our communities. If a ban on U.S. exports could have a sub- tack on our agriculture. the law is not reauthorized, the produc- stantial effect on the U.S. economy. An attack on our agriculture could The Economic Research Service of the tion of assault weapons in the U.S. can have serious consequences. Agricul- legally resume. Restarting production USDA estimated that the total cost of tural activity accounts for approxi- of these weapons will increase their a reduction of exports from 2003 to 2007 mately 13 percent of the U.S. gross do- number and availability, and I believe could be over $7 billion if there was mestic product and nearly 17 percent of lead to a rise in gun crimes committed such a ban. The top wheat-producing domestic employment. The United with assault weapons. States—Kansas, Montana, North Da- Although President Bush has indi- States is a top producer and exporter of kota, Oklahoma, South Dakota, Texas, cated his support for renewing the ban, agricultural goods, including beef, and Washington—would be particularly he has not yet taken action on its be- pork, poultry, wheat, corn and soy- hard hit. half. A spokesperson for House Major- beans. Major agricultural States could I have been concerned about the vul- be severely affected depending on the ity Leader TOM DELAY recently said, nerability of our agriculture for quite ‘‘We have no intentions of bringing it nature of the attack. some time. When I was a member of up.’’ I hope the President will take States with large cattle herds could the House Agriculture Appropriations steps to urge the Congress to take up be devastated by a deliberately set out- Subcommittee, I was a supporter of the and reauthorize the bill. break of foot and mouth disease. There USDA’s Animal and Plant Health In- were over 96 million cattle and calves f spection Service, APHIS. APHIS plays in the United States valued at some $70 a critical role in guarding our borders AN AGROTERRORIST ATTACK—ARE billion in 2003. Texas has the largest and farms from agricultural pests and WE PREPARED? number by far, 14 million animals, and diseases, something that is of prime Mr. AKAKA. Mr. President, I rise could be particularly hard hit. In 2001, importance to Hawaii. As a Senator, I today to discuss the need for greater the cattle industry generated $6.8 bil- continue to be concerned about this preparation to protect our agriculture lion in income for Texas. The breeding problem. In the 107th Congress I intro- from a terrorist attack. herd of beef cows is particularly con- duced a bill to enhance agricultural After September 11, the President centrated in Kansas, Kentucky, Mis- biosecurity in the United States. placed agriculture on the list of crit- souri, Montana, Nebraska, Oklahoma, In this Congress, I have introduced ical infrastructure that deserved to be South Dakota, Tennessee, and Texas, two bills that will help address our protected from an agroterrorist attack. with each State having have more than shortcomings in agricultural security Since then, the U.S. Department of Ag- a million head of beef cows. preparedness. The Agriculture Security riculture, USDA, has moved to improve Dairy States could also suffer. The Assistance Act, S. 427, and Agriculture our preparedness to prevent and re- United States has over nine million Security Preparedness Act, S. 430, are spond to an attack upon our agri- milk cows that produce almost $25 bil- designed to address the need for in- culture. The President’s February 2003 lion in income. California and Wis- creasing coordination in confronting ‘‘National Strategy for the Physical consin are the largest producers. Both the threat to America’s agriculture in- Protection of Critical Infrastructures have more than a million milk cows dustry. The two bills provide for better and Key Assets’’ also outlines a strat- that yield close to $8 billion in income. funding and better-coordinated re- egy for increasing our ability to react But a number of States—Idaho, Iowa, sponse to an incident of agroterrorism. to an agroterrorist attack. Yet, we still Michigan, Minnesota, New Mexico, New The bills will also serve to increase our have a long way to go in protecting our York, Ohio, Pennsylvania, Texas, and defenses against debilitating agriculture industry. Washington each have more than agroterrorism attacks.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11473 The Agriculture Security Assistance fornia, State officials ordered the de- Larson for their hard work, dedication Act is primarily aimed at assisting struction of more than 3 million birds, and commitment this thriving season. States and communities in responding enforcing a quarantine over a wide Again, congratulations to the Rapid to threats to the agriculture industry. area. The outbreak in 2002 and 2003 cost City Harney All-Stars on fighting their The legislation will provide funds for the state almost $100 million to control way to within one game of the World communities and States to increase the spread of the disease. Series in Portland, OR.∑ their ability to handle a crisis. It also We all know an ounce of prevention f will help animal health professionals is worth a pound of cure. The Nation’s HONORING ROBERT DUXBURY to participate in community emer- capability to counter agroterrorism is gency planning activities to assist ag- increasing. But agriculture’s central ∑ Mr. JOHNSON. Mr. President, I rise riculturists in strengthening their de- importance to our country suggests today to publicly command Robert fenses against a terrorist threat. greater efforts are needed. As the re- Duxbury of Wessington, SD, on his se- The Agriculture Security Prepared- cent cases of Mad Cow and Exotic New- lection as one of South Dakota State ness Act will enable better interagency castle disease dramatically dem- University’s Eminent Farmers for 2003. coordination thereby enhancing agri- onstrate, the consequences of a lack of The Eminent Farmer and Home- culture security. The legislation will preparedness could be quite high. Con- maker Program, which was honored establish senior level liaisons in De- taining these naturally occurring dis- nominees since 1927, seeks farmers who partments of Homeland Security, DHS, eases was costly and it involved exten- have not only made significant con- and Health and Human Services, HHS, sive coordination. It could be much tributions to their community, State to coordinate with USDA on agricul- more difficult to counter a deliberate and Nation, but have also given unself- tural disease emergency management attack. The two bills I have introduced ishly of their talent, time and leader- and response. The bill requires DHS will help us to act now so that a future ship to public programs, educational and USDA to work with the Depart- agroterrorist attack can be avoided, or institutions, and church. ment of Transportation to address the dealt with rapidly before it can get out Bob has earned the respect and admi- risks associated with transporting ani- of hand. I urge my colleagues to sup- ration of all those who have had the mals, plants, and people between and port this legislation. opportunity to work with him. His love for South Dakota and passion for agri- around farms. f Recently Mother Nature has provided culture set him apart from other out- warnings of the costs and dangers of a ADDITIONAL STATEMENTS standing farmers in the State. Bob’s possible agroterrorist attack. In May, friendly demeanor and wealth of Canadians discovered that an 8-year- knowledge have helped him develop THE HARNEY LITTLE LEAGUE close relationships in various agri- old cow that had been killed in Janu- SOFTBALL TEAM ary was infected with mad cow disease. culture groups, including the South The same disease affected cattle in ∑ Mr. JOHNSON. Mr. President, I rise Dakota 4–H Leaders Association and Britain in the 1980s and 1990s leading to today to recognize and congratulate the State Fair Board. Bob has also a slaughter of over 3.7 million animals. the Rapid City Harney All-Star Little served South Dakota in additional ca- Canada faced an enormous adverse League softball team. The Rapid City pacities: as a member in the South Da- economic impact due to the discovery Harney All-Stars, under coaches Rich kota Legislature in both the Senate of the mad cow disease. Canada’s cattle Larsen and Rick Johnson, made it to and House of Representatives; as a sen- industry generates $7 billion in cattle the Central Regional Championship ior member of the Appropriations Com- sales and the industry remained para- Game August 1, in Joplin, MO. mittee for nearly 20 years; and as lyzed during the period immediately The Rapid City Harney All-Stars South Dakota secretary of agriculture following the discovery of the disease. went through the Central Regional from 1975 to 1978. Furthermore, after Major importers of Canada’s beef, like Tournament with wins over such teams earning a degree from South Dakota the United States, Mexico, Japan and as, Illinois with a final score of 10–5, State College, Bob used his extensive Australia, temporarily halted their im- and Kansas with a winning score of 18– agriculture know-how to teach animal ports causing almost $8 million a day 0. They advanced to the championship science and coach livestock-judging loss to the cattle industry. The news game by defeating the Tallmadge Lit- teams from 1956 to 1959. also affected companies like McDon- tle League team from Tallmadge, OH Americans are the envy of the world ald’s, Wendy’s, and Tyson Foods. with a winning score of 9–5. because we enjoy the most affordable Canada acted to control the spread of These young people represented and the safest food, spending only 10 the disease by quarantining herds of Rapid City and South Dakota in an ex- percent of our household income on suspected cattle and slaughtering them traordinary fashion. Their hard work is groceries. Agricultural producers in to test for the presence of the disease. representative of South Dakota and the U.S. must cope with the unpredict- All the herds believed to have come in has resulted in a great outcome. I ability of the weather, markets, and contact with the infected cow were would like to give credit to the coach- government policy, yet time and time quarantined and killed for medical ex- es, parents, supporters and organizers again they are the most productive and amination. More than 2,700 Canadian and especially the hard work and dedi- efficient in the entire world. Farming cattle were slaughtered and eighteen cation of these young players. I would and ranching families provide immeas- farms were quarantined in the process like the community of Rapid City to urable contributions to quality of life, of determining the disease’s source and recognize the hard work, dedication, economic development, and the culture to control the spread of the disease. and sportsmanship this team has of rural America. Farmers and ranch- In the United States, the southwest shown on their way through the tour- ers are the backbone of South Dakota’s poultry industry has been beset by a nament. This is a well deserved victory economy and should be commended for costly outbreak of Exotic Newcastle and the team deserves to be acknowl- what they do. Disease, END, since last fall. The out- edged for their extraordinary achieve- This prestigious honor is a reflection break was first detected in a backyard ment. of Bob’s extraordinary success as a chicken flock in Los Angeles County in I want to recognize Manager Dave farmer, as well as his commitment to early October 2002. It then spread to Johnson, Coach Rich Larsen, and conservation, and contributions to the Nevada, Arizona and Texas. Over the Coach Rick Johnson for their guidance community. I am proud to claim Bob past months, some 25 countries includ- and support to help make this year’s as a good personal friend and former ing the European Union have put em- team so successful. I also want to con- colleague in the South Dakota legisla- bargoes on chicken from affected areas. gratulate all of this year’s team mem- ture. I am pleased that his agricultural In Texas, where the poultry industry bers: Hailey Rae Brown, Nicole Tresch, leadership is being publicly recognized, employs about 15,000 people and is Andrea Johnson, Kaitlyn Ringo, Camie and that his achievements will serve as ranked sixth in the Nation, the indus- Johson, Stevie Wessel, Devin Jacob, a model for outstanding agricultural try said it could lose about $100 million Ashley Kiewel, Dawn Henderson, producers throughout the state to emu- as a result of the embargoes. In Cali- Allysa Nelson, Alysa Sack, and Ali late. It is with great honor that I share

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11474 CONGRESSIONAL RECORD — SENATE September 15, 2003 his impressive achievements with my It is with great honor that I share their tion Board. Laird has also worked to colleagues.∑ impressive accomplishments with my raise funds for renovation South Da- f colleagues.∑ kota State University greenhouses and is currently working to develop a seed VOLUNTEERS OF AMERICA, f science center at South Dakota State DAKOTAS CELEBRATES 80 YEARS IN TRIBUTE TO JOHN MCKISSICK’S University. ∑ Mr. JOHNSON. Mr. President, it is 500TH FOOTBALL WIN Americans are the envy of the world with great honor that I rise today to ∑ Mr. HOLLINGS. Mr. President, on because we enjoy the most affordable congratulate the Volunteers of Amer- Friday night, John McKissick, of Sum- and the safest food, spending only 10 ica, Dakotas in South Dakota, which merville, SC, won his 500th victory as percent of our household income on celebrated its 80th anniversary celebra- the head coach of the Summerville groceries. Agricultural producers in tion in August, 2003. Green Wave high school football team, the United States must cope with the Volunteers of America, Dakotas is and this Senator rises to congratulate unpredictability of the weather, mar- one of over forty affiliates making up a this towering giant of coaches. kets, and government policy, yet time national network of nonprofit, spir- I want to put this in perspective. and time again they are the most pro- itually based organizations providing That is almost 100 more victories than ductive and efficient in the entire local human service programs and cre- Eddie Robinson, the winningest coach world. Farming and ranching families ating opportunities for individual and ever in college football, had at Gram- provide immeasurable contributions to community involvement. Nationally, bling and Leland. That is 170 more vic- quality of life, economic development, Volunteers of America employs more tories than Don Shula, the winningest and the culture of rural America. than 11,000 people and each year more coach ever in the NFL had with the Farmers and ranchers are the backbone than 1.5 million people feel the helping Miami Dolphins and Baltimore Colts. of South Dakota’s economy and should hand of this organization. This is a record that not Bear Bryant, be commended for what they do. Began in the early 1920s, Volunteers not Woody Hayes, not Tom Landry, not This prestigious honor is a reflection of America, Sioux Falls was started as Vince Lombardi, not any coach—pro, of Laird’s extraordinary success as a a prison ministry by Frank and Emma college, or high school has ever come farmer, as well as his commitment to Tremont. However, the concerns of the close to ever seeing. conservation, and contributions to the couple were expanded when, during He started coaching in 1952, 2 years community. I am pleased that his agri- World War I, men went to war and before Strom Thurmond entered the cultural leadership is being publicly women went to work, and childcare be- Senate, 14 years before I came, and now recognized, and that his achievements came a pressing need. In response, the he’ll outlast us both. In 5 decades at will serve as a model for outstanding organization opened a childcare center Summerville High School, he has 10 agricultural producers throughout the and soup kitchen. Over the years, the State championships and 26 regional ti- State to emulate. It is with great soup kitchen and prison ministry faded tles under his belt; and many of the honor that I share his impressive away, but quality childcare remained a 3,000 teenagers he has coached went on achievements with my colleagues.∑ service priority. It was the recent to win scholarships at colleges across f merger of this organization with an- the country. In this time, he has had other group, Turning Point, that only two losing seasons, and he has TRIBUTE TO JAMES D. BENNETT, formed Volunteers of America, Dako- never missed a game. Most of all, he JR. tas. Started as Project Threshold on has kept his priorities straight: edu- ∑ Mr. REED. Mr. President, I rise September 16, 1972, Turning Point’s cation first, football second. today to pay tribute to James D. Ben- original vision was a home for delin- In my part of the country, John nett, Jr., an outstanding public servant quent and runaway girls. Over its next McKissick is a legend. I know all my who is retiring after a distinguished ca- 20 years, Project Threshold became a football-fanatic colleagues join me in reer spanning more than 34 years as a widely recognized leader in adolescent saying to John: you’re a national leg- firefighter in the capital city of Provi- issues, treatment, and prevention serv- end, too. You have done more for the dence, RI. ices, Together, these two associations sport of high school football than any James Bennett began his career as a are now assisting more than 290 chil- person in the country.∑ Providence firefighter in August of dren each day. f 1968, quickly rising through the ranks I want to take this opportunity to ac- becoming lieutenant in December of knowledge all of the Volunteers of HONORING LAIRD LARSON 1977, captain in February of 1984, and America-Dakotas Centers in South Da- ∑ Mr. JOHNSON. Mr. President, I rise ultimately he was promoted to the cov- kota, including the Bollinger Center, today to publicly commend Laird Lar- eted rank of battalion chief in April of Joe Foss School, Whittier Middle son, a farmer near Clark, SD, on his se- 1986. School, Thrift Store, and other Centers lection as one of South Dakota State Chief Bennett’s illustrious career has in Sioux Falls, SD; the Native Hope University’s Eminent Farmers for 2003. been marked with a special dedication Center in Sisseton, SD; and the Volun- The Eminent Farmer and Home- to his brethren firefighters, and to teers of Americas, Dakotas Center in maker Program, which has honored seeking out leadership opportunities Aberdeen, SD. Headquartered in Sioux nominees since 1927, seeks farmers who and specialized training for himself and Falls, Volunteers of America, Dakotas have not only made significant con- the department. He completed numer- serves over 12,000 individuals of all ages tributions to their community, State ous Federal, State, municipal and pro- each year. Their mission, which is to and Nation, but have also given unself- fessional association training pro- assist people of all ages in stepping to- ishly of their talent, time and leader- grams, courses and workshops on fire ward a brighter future, is one that all ship to public programs, educational and safety issues. A member of the Fire South Dakotans should strive to live institutions, and church. Department Safety Officers Associa- by. Laird has earned the respect and ad- tion and International Association of I am proud to have this opportunity miration of all those who have had the Fire Chiefs, he served from 1977 to 1982 to honor the Volunteers of America– opportunity to work with him. His love as president Providence Local 99 of the Dakotas for its 80 years of outstanding for South Dakota and passion for agri- International Brotherhood of Fire- service. People of all ages need to culture set him apart from other out- fighters. think more about how we, as individual standing farmers in the state. Laird’s As a community and as a Nation, it citizens, can work together at the local friendly demeanor and wealth of is most fitting that we pause to reflect level to ensure the health and vitality knowledge have helped him develop upon the contribution of those in our of our towns and neighborhoods. I close relationships in various agri- society from whom we ask so much. strongly commend the hard work and culture groups, including the South With selflessness, dedication and great dedication of these Centers, and I am Dakota Crop Improvement Association, personal sacrifice firefighters answer very pleased that their efforts are Northeast Research Farm Advisory the call each and every day, putting being publicly honored and celebrated. Board, and South Dakota FFE Founda- themselves in harm’s way to protect

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11475 and defend lives and property of our H.R. 2622. An act to amend the Fair Credit POM–258. A joint resolution adopted by the citizens. With courage, compassion and Reporting Act, to prevent identity theft, im- Legislature of the State of California rel- devotion to duty they epitomize the prove resolution of consumer disputes, im- ative to antiterrorism funding; to the Com- phrase ‘‘public servant.’’ Indeed, I am prove the accuracy of consumer records, mittee on Appropriations. make improvements in the use of, and con- ASSEMBLY JOINT RESOLUTION NO. 31 honored to humbly recognize this noble sumer access to, credit information, and for Whereas, The heinous terrorist attacks on profession and this outstanding indi- other purposes; to the Committee on Bank- the World Trade Center and the Pentagon on vidual, Chief James Bennett, on the oc- ing, Housing, and Urban Affairs. September 11, 2001, have deeply impacted the casion of his retirement. f fabric of American life, provided a wakeup I ask that you join me in paying trib- MEASURE HELD AT THE DESK call to every American’s awareness of the ute to Chief Bennett on this milestone nation’s vulnerability to terrorists attacks, and ask that you also recognize his de- The following concurrent resolution and changed Americans’ lives forever; and voted wife Kaiji who this June retired was ordered held at the desk by unani- Whereas, Californians are gravely con- from her own career as an elementary mous consent: cerned about the continued threat of vio- school secretary after many years of S. Con. Res. 68. Concurrent resolution hon- lence and their own personal safety; and loyal service. As a grateful community oring the life of Johnny Cash. Whereas, The takeover of airplane flights we recognize the immense contribu- by unconscionable terrorists has increased f the need for security by state and local gov- tions made by people like James and PETITIONS AND MEMORIALS ernments at all airports and public facilities, Kaija Bennett to the cherished quality including water systems, hospitals, bridges, of life in this great Nation. Please join The following petitions and memo- and dams; and me and the Bennett’s wonderful daugh- rials were laid before the Senate and Whereas, Recent horrific incidents of send- ters, Kerrie and Stacie, their many were referred or ordered to lie on the ing anthrax through the mail, other threats friends and colleagues in this much de- table as indicated: of bioterrorism, and hoaxes have increased served retirement celebration.∑ POM–258. A joint resolution adopted by the demands upon public services, including pub- Legislature of the State of California rel- lic health departments and laboratories, pub- f ative to antiterrorism funding; to the Com- lic safety and fire protection agencies, hos- MESSAGES FROM THE PRESIDENT mittee on Appropriations. pitals, and emergency rooms, and state and local emergency response agencies; and Messages from the President of the POM–259. A resolution adopted by the Sen- ate of the Legislature of the State of New Whereas, City and county governments United States were communicated to Jersey relative to increasing the minimum have experienced an increased awareness and the Senate by Ms. Evans, one of his allotment for the Food Stamp Program; to demand from the general public for more secretaries. the Committee on Agriculture, Nutrition, public services in the area of public health f and Forestry. and safety; and POM–260. A resolution adopted by the Sen- Whereas, Cities and counties have appro- EXECUTIVE MESSAGES REFERRED ate of the Legislature of the State of Michi- priated millions of dollars for increased re- As in executive session the PRE- gan relative to stronger protections for Lake sponse and preparedness for potential ter- SIDING OFFICER laid before the Sen- St. Clair, the Heart of the Great Lakes; to rorist threats and anticipate the need for additional funds to continue these efforts; and ate messages from the President of the the Committee on Agriculture, Nutrition, and Forestry. Whereas, In this period of economic uncer- United States submitting sundry nomi- POM–261. A concurrent resolution adopted tainty and unprecedented need for enhanced nations which were referred to the ap- by the Legislature of the State of Texas rel- local public safety and health services, cities propriate committees. ative to the Protect Children from E-Mail and counties cannot afford these increased (The nominations received today are Smut Act of 2001; to the Committee on Com- costs of security without additional funding; printed at the end of the Senate pro- merce, Science, and Transportation. and ceedings.) POM–262. A concurrent resolution adopted Whereas, There may be continued ter- by the House of Representatives of the Legis- rorism activities in California. For example, f lature of the State of New Hampshire rel- in San Diego County investigations revealed MEASURES REFERRED—on ative to the Telemarketing Sales Rule and that some of the hijackers of September 11, September 11, 2003 the Know Your Caller Act of 2001; to the 2001, were training in San Diego training fa- Committee on Commerce, Science, and cilities in preparation for the attacks; and The following bills were read the first Transportation. Whereas, Public safety officials require and the second times by unanimous POM–263. A concurrent resolution adopted specialized training at all levels and local consent, and referred as indicated: by the Legislature of the State of Texas rel- governments have seen an increased demand H.R. 911. An act to authorize the establish- ative to reopening La Linda Bridge as a bor- for additional personnel to effectively pro- ment of a memorial to victims who died as a der crossing; to the Committee on Com- tect and serve citizens in the event of a result of terrorist acts against the United merce, Science, and Transportation. major local incident; and States or its people, at home or abroad; to POM–264. A resolution adopted by the Whereas, Hazardous material teams lack the Committee on Energy and Natural Re- House of Representatives of the General As- the specialized equipment and protective sources. sembly of the Commonwealth of Pennsyl- gear to deal with bioterrorism and new pub- H.R. 1538. An act to posthumously award vania relative to the history of a slave quar- lic health threats; and congressional gold medals to government ters located on the site of the planned Lib- Whereas, Due to the continued bioter- workers and others who responded to the at- erty Bell Pavilion; to the Committee on En- rorism threats and hoaxes, public health de- tacks on the World Trade Center and the ergy and Natural Resources. partments need additional staff to increase Pentagon and perished and to people aboard POM–265. A resolution adopted by the their surveillance activities for the identi- United Airlines Flight 93 who helped resist House of Representatives of the Legislature fication of biological and chemical threats at the hijackers and caused the plane to crash, of the State of Michigan relative to legisla- the earliest possible stage; and to require the Secretary of the Treasury to tion that would ban bear baiting on Federal Whereas, Local health departments are the mint coins in commemoration of the Spirit lands; to the Committee on Energy and Nat- early warning system in the defense against of America, recognizing the tragic events of ural Resources. bioterrorism; local health departments rely September 11, 2001, and for other purposes; to POM–266. A resolution adopted by the Sen- on strong linkages with other county agen- the Committee on Banking, Housing, and ate of the General Assembly of the Common- cies including emergency medical services, Urban Affairs. wealth of Pennsylvania relative to nuclear hospitals, county outpatient services, lab- H.R. 2433. An act to amend title 38, United power; to the Committee on Energy and Nat- oratories, mental health departments, and States Code, to authorize the Secretary of ural Resources. environmental health agencies in preparing Veterans Affairs to provide veterans who POM–267. A resolution adopted by the Sen- for and responding to disasters; and participated in certain Department of De- ate of the General Assembly of the Common- Whereas, The budgets of many public fense chemical and biological warfare testing wealth of Pennsylvania relative to Penn- health departments have been neglected for with health care for their illness without re- sylvania’s veterans; to the Committee on several years, and in order to assure an ade- quirement for proof of service-connection; to Veterans’ Affairs. quate response, if necessary, to any potential the Committee on Veterans’ Affairs. POM–268. A resolution adopted by the bioterrorism threat, public health infra- H.R. 2595. An act to restore the operation House of Representatives of the General As- structure needs significant investment of of the Native American Veteran Housing sembly of the Commonwealth of Pennsyl- state and federal resources. For example, Or- Loan Program during fiscal year 2003 to the vania relative to the Second Regiment ange County has identified the need for $2.1 scope of that program as in effect on Sep- United States Sharpshooters, Company C, million for public health infrastructure and tember 30, 2002; to the Committee on Vet- during the Civil War; to the Committee on training in order for their public health sys- erans’ Affairs. Energy and Natural Resources. tem to respond to a public health crisis; and

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11476 CONGRESSIONAL RECORD — SENATE September 15, 2003 Whereas, Local governments have already $400 and $696 and two-person households with change in the way people communicate since encountered budget overruns of 13 percent in a monthly income between $760 and $938 are the invention of the printing press, but as republic safety, with the City of Los Angeles eligible for no more than the $10 minimum markable as it may be, there are risks to alone incurring security costs in excess of monthly allotment; now, therefore, be it children that are unique to such a pervasive $11 million in the first two and one-half Resolved by the Senate of the State of New and accessible medium; with the develop- months following September 11, 2001; and Jersey: ment of newer and increasingly invasive Whereas, Santa Clara County alone has al- 1. This House urges the Congress of the technologies that can deliver or disguise un- ready appropriated $5 million for additional United States to increase the minimum wanted material through direct marketing e- public safety services since September 11, monthly allotment for one-person and two- mails, or ‘‘span’’ mailings, the risks are even 2001, and expects to spend an additional $7 person households under the federal Food more pronounced and difficult to detect; and million by June 30, 2002; and Stamp Program from $10 to $25 and require Whereas, Compounding the challenge of Whereas, Cities and counties estimate over that the minimum be adjusted annually in protecting minors from inappropriate mate- $1 billion in additional one-time and ongoing accordance with changes in the federal cost- rial on-line is the fact that children often funding needs and the State of California an- of-living. understand more about the Internet than ticipates expenditures of at least $500 million 2. Duly authenticated copies of this resolu- their parents, teachers, and other caregivers; in 2002; and tion, signed by the President of the Senate in addition, common sense measures used to Whereas, Local governments and the state and attested by the Secretary of the Senate, secure a child’s environment and the ‘‘phys- are financially suffering from an economic shall be forwarded to the Secretary of Agri- ical world’’ are not feasible in cyberspace; recession and lack the funds to provide the culture, the presiding officers of the Con- and required additional services and equipment; gress of the United States and each member Whereas, In a bipartisan effort to address and of New Jersey’s Congressional delegation. these concerns, congress passed the Commu- Whereas, Congress has approved a total of nications Decency Act of 1996 (CDA) and the $8.3 billion for homeland defense in the emer- POM¥260. A resolution adopted by the Child Online Protection Act (COPA) and, in gency supplemental allocation sent to the Senate of the Legislature of the State of doing so, criminalized Internet transmission President for his signature; and Michigan relative to stronger protections for of indecent materials to minors; however, Whereas, Senator Dianne Feinstein of Cali- Lake St. Clair, the Heart of the Great Lakes; the Supreme Court ruled in 1997 that certain fornia and Senator Hillary Rodham Clinton to the Committee on Agriculture, Nutrition, provisions of the CDA were unconstitutional of New York have together proposed supple- and Forestry. and in 2002 upheld a district court’s temporary injunction against enforcement of mental federal funding to assist state and SENATE RESOLUTION NO. 131 COPA on the same grounds; and local governments in security, prevention, Whereas, By any measure, Lake St. Clair is and preparedness; now, therefore, be it Whereas, Recognizing the need to make a critical component of the Great Lakes sys- children’s on-line experiences safe, edu- Resolved by the Assembly and Senate of the tem. It is the source of drinking water for State of California, jointly, That the Legisla- cational, and entertaining while honoring millions of Americans and Canadians and a constitutional safeguards, the 107th Congress ture of the State of California respectfully vital element of the region’s commercial, memorializes the President and the Congress is considering legislation that would address recreational, and transportation resources; specific questions posed by the Supreme of the United States to enact legislation to and provide funds to states and local govern- Court without discouraging the evolution of Whereas, Even within the Great Lakes net- the Internet or violating the First Amend- ments to provide the necessary security and work, Lake St. Clair is unique in its value relief measures to protect local citizens from ment; and through its wetlands, its great variety of fish Whereas, Modeled after existing law that terrorism; and be it further and plant species, and the range of habitats regulates the identification of sexually ex- Resolved, That the Chief Clerk of the As- it holds. It is an unsurpassed treasure for sembly transmit copies of this resolution to plicit advertisements sent via U.S. mail, boaters and anglers; and House Resolution 2472 requires the National the President and Vice President of the Whereas, In spite of its clear importance to United States, and to each Senator and Rep- Institute of Standards and Technology to the health of millions of people and the qual- prescribe an electronic tag that would iden- resentative from California in the Congress ity of the water system that is the most val- of the United States. tify sexually oriented messages and allow uable in the world, Lake St. Clair has been parents to use the filtering tools already harmed by several environmental problems, POM–259. A resolution adopted by the Sen- available on e-mail programs to block mes- including spills, beach closings, and invasive sages bearing the tag; the legislation is a ate of the Legislature of the State of New species. Resources to address all of these Jersey relative to increasing the minimum balanced and realistic solution to the com- needs are badly needed; and plexities of protecting free speech and chil- allotment for the Food Stamp Program; to Whereas, Congress is considering a meas- the Committee on Agriculture, Nutrition, dren on-line; now, therefore, be it ure, House Resolution 121, which calls for in- Resolved, That the 78th Legislature of the and Forestry. creased efforts to protect Lake St. Clair and State of Texas hereby respectfully urge the SENATE RESOLUTION NO. 25 affirms the central role that it plays as the Congress of the United States to enact the Whereas, The minimum monthly allot- Heart of the Great Lakes. Clearly, this is a Protect Children From E-Mail Smut Act of ment for one-person and two-person house- designation that is appropriate not only be- 2001; and, be it further holds under the federal Food Stamp Program cause of Lake St. Clair’s shape and location, Resolved, That the Texas Secretary of is currently $10, which is the same amount as but also because of its commercial, environ- State forward official copies of this resolu- was established by the ‘‘Food Stamp Act of mental, and recreational significance to our tion to the president of the United States, 1977’’; and nation; now, therefore, be it the speaker of the house of representatives Whereas, The amount of food that could be Resolved by the State, That we memorialize and the president of the Senate of the United purchased in 1977 for $10 costs $29.19 in 2001; Congress to adopt House Resolution 121 to States Congress, and all the members of the the amount of food that can be purchased in endorse stronger protections for Lake St. Texas delegation to the Congress with the 2001 for $10 only cost $3.43 in 1977; and Clair, the Heart of the Great Lakes; and be it request that this resolution be officially en- Whereas, The ‘‘Mickey Leland Memorial further tered in the Congressional Record as a me- Domestic Hunger Relief Act,’’ which was en- Resolved, That copies of this resolution be morial to the Congress of the United States acted in 1990, amended the Food Stamp Act transmitted to the President of the United of America. to annually adjust the minimum monthly al- States Senate, the Speaker of the United lotment, with the result rounded to the near- States House of Representatives, and the POM–262. A concurrent resolution adopted est $5, in accordance with annual adjust- members of the Michigan congressional dele- by the House of Representatives of the Legis- ments to other elements of the Food Stamp gation. lature of the State of New Hampshire rel- Program; and ative to the Telemarketing Sales Rule and ¥ Whereas, The ‘‘Personal Responsibility and POM 261. A concurrent resolution adopted the Know Your Caller Act of 2001; to the Work Opportunity Reconciliation Act of by the Legislative of the State of Texas rel- Committee on Commerce, Science, and 1996’’ amended the Food Stamp Act to re- ative to the Protect Children from E-Mail Transportation. move the provision for annual adjustments Smut Act of 2001; to the Committee on Com- HOUSE CONCURRENT RESOLUTION 21 merce, Science, and Transportation. to the minimum monthly allotment; and Whereas, telephone subscribes in New Whereas, Annual cost-of-living adjust- HOUSE CONCURRENT RESOLUTION NO. 13 Hampshire and throughout the country re- ments are currently made to maximum Whereas, A 2000 sample survey of 1,501 of ceive innumerable telephone calls from var- monthly allotments and income eligibility the nearly 24 million school-aged children ious telemarketers operating in this country standards for the Food Stamp Program; and regularly using the Internet in the United and in other countries; and Whereas, The maximum monthly income, States found that approximately one out of Whereas, many telephone subscribers are minus deductions allowable within the pro- every four children in that sample had expe- annoyed by the relentless calling at the most gram, for eligibility for the Food Stamp Pro- rienced unwanted exposure to sexual images inconvenient times during the day, and other gram is $696 for one-person households and while on-line; and such subscribers have received calls from un- $938 for two-person households; one-person Whereas, The development of the Internet scrupulous telemarketers and have been vic- households with a monthly income between is widely regarded as the most profound tims of their fraudulent practices; and

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11477 Whereas, the Telemarketing Sales Rule to-Market Road 2627 as a paved two-lane of individuals or materials with a lethal in- and Know Your Caller Act of 2001 are in- highway for a 28-mile stretch connecting the tent; and, be it further tended to protect subscribers from unscrupu- bridge to United States Highway 385, which Resolved, That the legislature hereby urge lous telemarketers and to maintain the pri- leads from that junction southward to Big the General Land Office to proceed expedi- vacy and harmonious nature of American Bend National Park and northward 40 miles tiously with the due diligence needed to homes; and to Marathon and United States Highway 90; make a determination regarding acceptance Whereas, the Telemarketing Sales Rule re- and of an ownership interest in La Linda Bridge quires telemarketers to maintain a list of Whereas, La Linda Bridge, also known as by the State of Texas; and, be it further telephone subscribers who do not wish to re- the Hallie Stillwell Memorial Bridge, is still Resolved, That the legislature hereby urge ceive any further calls from a particular sell- in place and is in good repair but cannot be that the governor, the Texas Department of er; provides for penalties in amounts as high crossed by vehicles or pedestrians because of Transportation, the secretary of state, the as $10,000 per violation; and allows the Fed- barriers and the placement of ‘‘no tres- Department of Public Safety of the State of eral Trade Commission, states, and private passing’’ signs at the bridge since 1997 pursu- Texas, the Parks and Wildlife Department, persons to enforce such provisions; and ant to orders issued by the governments of the Texas Department of Economic Develop- Whereas, the Telephone Consumer Protec- the United States of America and the Repub- ment, the Texas Historical Commission, and tion Act of 1991 also requires that tele- lic of Mexico; and other appropriate state agencies render en- marketers abide by ‘‘do-not-call’’ requests Whereas, The La Linda international couragement and assistance to the General from consumers as well as restricts tele- crossing is the only bridge structure in place Land Office as it proceeds in this matter and marketing calling hours, mandates identi- and the only point of entry authorized by render encouragement and assistance as well fication of the telephone solicitor, and in- public law between the United States ports to Brewster County and to private and public cludes both a private right of action and a of entry at Presidio and Del Rio, a distance advocates for tourism in the Big Bend in right of action by states; and of 385 miles; and their efforts to develop a regional tourism Whereas, the Know Your Caller Act of 2001 Whereas, The principal owner of the United economy in conjunction with a reopened strengthens the consumer protections of the States section of the international bridge at bridge at La Linda; and, be it further Telephone Consumer Protection Act by pre- La Linda, the National Parks Conservation Resolved, That the legislature hereby call venting telemarketers from blocking caller Association, is prepared to donate its inter- upon the United States Department of State identification information, by requiring tele- est in the bridge and associated properties to to communicate the interest of the State of marketers to provide such information when the State of Texas through the General Land Texas in this matter to the government of they have the capability of doing so, and by Office so that the bridge may be reopened the Republic of Mexico and to all other par- prohibiting telemarketers from using infor- and operated as a legal border crossing; and ties participating in decisions relating to ei- mation on ‘‘do-not-call’’ lists for any other Whereas, The tourism industries serving ther reopening or removing the bridge at La marketing purpose; and scenic and recreational areas joined by this Linda; and, be it further Whereas, since telemarketers can evade bridge, including the Big Bend mountains of Resolved, That the legislature hereby re- state laws restricting telephone solicitation Texas and the Sierra del Carmen mountains spectfully memorialize the Congress of the through interstate operation, federal regula- of Northwest Coahuila, wish to promote, ac- United States to initiate whatever actions tion and enforcement actions are needed to commodate, and economically benefit from are needed to reopen La Linda Bridge as a control residential telemarketing practices; cross-border tourism but are unable to im- border crossing; and, be it further now therefore be it plement those objectives if the La Linda Resolved, That the Texas secretary of state Resolved by the House of Representatives, crossing is not functioning; and forward official copies of this resolution to the Senate concurring: Whereas, The safety of tourists wishing to the president of the United States, to the That the general court urges the state at- enjoy the area, the binational scientific co- speaker of the house of representatives and torneys general and the Federal Trade Com- operation called for under existing inter- the president of the senate of the United mission to vigorously enforce the provisions national agreements, and the security and States Congress, and to all members of the of the Telemarketing Sales Rule that require public safety of communities and citizens on Texas delegation to the congress with the re- telemarketers to cease from calling tele- both sides of the international border would quest that this resolution be officially en- phone subscribers who have previously re- be enhanced by a functioning border crossing tered in the Congressional Record as a me- quested to be placed on a list of subscribers at La Linda; and morial to the Congress of the United States who do not wish to receive any further calls Whereas, The State of Coahuila and the of America. from that telemarketer and to assess the ap- commissioners court of Brewster County, re- propriate penalties for violation of such pro- spectively represented by the Instituto de POM–264. A resolution adopted by the visions; and Turismo and the Big Bend Border Council House of Representatives of the General As- That the general court urges the United and joined by a coalition of local residents sembly of the Commonwealth of Pennsyl- States Congress to pass the Know Your Call- and the Big Bend National Park Super- vania relative to the history of a slave quar- er Act of 2001, which will provide telephone intendent, have twice requested that the Bi- ters located on the site of the planned Lib- subscribers with additional protection from national Bridges and Border Crossings work- erty Bell Pavilion; to the Committee on En- telemarketing abuses and annoyances; and ing group, which is convened semiannually ergy and Natural Resources. by the United States Department of State That a copy of this resolution be trans- HOUSE RESOLUTION NO. 490 mitted to the presiding officers of the Senate and the Mexican Secretaria de Relaciones Exteriores, take the necessary actions to Whereas, A portion of the proposed loca- and the House of Representatives of the Con- tion of the planned Liberty Bell Pavilion in gress of the United States of America, to have the bridge and border crossing at La Linda reopened by the United States and Philadelphia is located on the historic site of each member of the New Hampshire congres- the residence of United States Presidents sional delegation, to the chairman of the Mexican federal governments; and Whereas, The working group, composed of George Washington and John Adams prior to Federal Trade Commission, to the chairman the construction of the White House in of the Federal Communications Commission, United States and Mexican federal authorities responsible for authorizing international Washington, D.C.; and and to the president of the National Associa- Whereas, This property, referred to as the tion of Attorneys General. ports of entry and required inspections along the international boundary, will convene President’s House, included other complexes such as slave quarters and icehouses; and POM–263. A concurrent resolution adopted again in the coming months to consider action on either reopening the bridge at La Whereas, The land previously occupied by by the Legislature of the State of Texas rel- the slave quarters will be partially covered ative to reopening La Linda Bridge as a bor- Linda or ordering its removal; and Whereas, It is in the economic, cultural, by the newly built facility; and der crossing; to the Committee on Com- and security interest of the State of Texas Whereas, The Liberty Bell is recognized as merce, Science, and Transportation. and the homeland security interest of the a symbol of the American Revolution; and HOUSE CONCURRENT RESOLUTION NO. 186 United States of America to have a func- Whereas, The Liberty Bell became famous Whereas, In 1962, Pub. L. No. 87–525 author- tioning border crossing station under the when abolitionists fighting to rid the nation ized the construction of an international management and control of trained and of slavery adopted it as their . . . bridge across the Rio Grande to join Heath equipped law enforcement and public safety POM–265. A resolution adopted by the Canyon in Texas with the village of La officials in the extensive area known as the House of Representatives of the Legislature Linda, Coahuila, Mexico, for the purpose of Big Bend; now, therefore, be it transporting refined ore into the United Resolved, That the 78th Legislature of the of the State of Michigan relative to legisla- States from nearby mills in Mexico and to State of Texas hereby express its support tion that would ban bear baiting on federal one day facilitate the movement of tourists and encouragement for the reopening of the lands; to the Committee on Energy and Nat- interested in visiting the Sierra del Carmen bridge and border crossing at La Linda to ac- ural Resources. mountain areas across from Big Bend Na- commodate trade and tourism between Texas HOUSE RESOLUTION NO. 82 tional Park; and and Coahuila, Mexico, and to better protect Whereas, Michigan, along with other states Whereas, Since the bridge was constructed, residents of both countries and secure the throughout the country, has been very suc- the Texas Department of Transportation protection of our nation from threats that cessful in its wildlife management strate- has, without interruption, maintained Farm- might be associated with the illegal crossing gies. While there is always more progress to

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11478 CONGRESSIONAL RECORD — SENATE September 15, 2003 be made, the increasing numbers of game vania have committed nearly $1.5 billion to Colonel of Volunteers, that the best marks- animals and effective control of wildlife pop- the Federal Nuclear Waste Fund to finance men in the North be organized into two dis- ulations in Michigan and other states reflect site assessment and nuclear waste manage- tinct units, the United States Sharpshooters the wisdom of local management of wildlife ment; therefore be it were raised and mustered into action by and hunting matters; and Resolved, That the Senate of the Common- President Abraham Lincoln in 1861; and Whereas, Congress is considering legisla- wealth of Pennsylvania urge Congress to sus- Whereas, These men were to be armed with tion, H.R. 1472, that would require the adop- tain the President’s affirmative decision on the most reliable rifles and employed as tion and enforcement of regulations that Yucca Mountain’s suitability as a permanent scouts and skirmishers, with each applicant would prohibit the intentional feeding of Federal repository for used nuclear fuel; and having to pass a shooting test to prove his bears on federal lands in order to end what is be it further worth; and known as ‘‘bear baiting’’; and Resolved, That copies of this resolution be Whereas, At Orange Court House, the Whereas, Of the states that allow bear transmitted to the President and Vice Presi- Sharpshooters engaged some Confederate hunting, Michigan is one of several that per- dent of the United States, to the United Cavalry, easily pushing them off the field, mit bear baiting. The experience in Michigan States Secretary of Energy, to the Speaker but the advancing Confederate Infantry and the other states that permit bear baiting of the United States House of Representa- forced the Sharpshooters off the field and is that this technique is a valuable and high- tives and to each member of Congress from into the camp of their reserves, the Second ly effective wildlife management tool. The Pennsylvania. Wisconsin; and voters of Michigan overwhelmingly rejected Whereas, The Sharpshooters fell in on Gen- POM–267. A resolution adopted by the Sen- a 1996 ballot proposal that included a ban of eral Gibbon’s left and engaged the Confed- ate of the General Assembly of the Common- bear baiting. Bear baiting is part of an over- erates, pushing them off the field for good; wealth of Pennsylvania relative to Penn- all strategy that effectively controls the sylvania’s veterans; to the Committee on and bear population and does so more humanely Veterans’ Affairs. Whereas, The exploits of this decorated than hunting techniques that may result in group were rivaled by few as they fought higher rates of injuries for the animals. This SENATE RESOLUTION NO. 229 Confederates across the Rappahannock River mechanism has clearly allowed Michigan to Whereas, Pennsylvania’s veterans have to the plains of Manassas, through Antietam keep the bear population at appropriate lev- faithfully and honorably served this nation and Chancellorsville and eventually to the els; and and this Commonwealth in times of peace fields of Gettysburg; and Whereas, Michigan is a state that includes and times of war; and Whereas, At Gettysburg the men of Com- extensive federal lands. The citizens of our Whereas, There are approximately 1.2 mil- pany C were chosen to be the color company state have used these lands respectfully, and lion veterans of the United States armed of the entire Second Regiment; and services living in the Commonwealth of our state’s hunting and fishing management Whereas, They fought valiantly and coura- Pennsylvania today; and efforts have enhanced these lands over the geously, helping to defeat the Confederates Whereas, More than 500,000 of these vet- years. Michigan’s proven effectiveness in erans are 65 years of age or older; and at the Battles of Big and Little Round Top; dealing with wildlife management challenges Whereas, By virtue of the honorable serv- and should not be negated by federal control of ice they have provided, veterans are entitled Whereas, The men of Company C and all the matter of bear hunting; now, therefore, to certain benefits; and who served with them in the Second Regi- be it Whereas, Medical, surgical and rehabilita- ment United States Sharpshooters served Resolved by the House of Representatives, tive services, such as the Veterans Health this nation with honor; and That we memorialize the Congress of the Administration’s cancer program, diabetes Whereas, There is no monument recog- United States not to enact any legislation program, kidney diseases program and the nizing the efforts of the men of Company C that would ban bear baiting on federal lands; pharmacy benefits management program, at Gettysburg National Military Park; there- and be if further are of particular importance to this Com- fore be it Resolved, That copies of this resolution be monwealth’s aging veteran population; and Resolved, That the House of Representa- transmitted to the President of the United Whereas, These benefits are provided by tives of the Commonwealth of Pennsylvania States Senate, the Speaker of the United the United States Department of Veterans urge the National Park Service to erect a States House of Representatives, and the Affairs through a network of Veterans monument befitting their sacrifices; and be members of the Michigan congressional dele- Health Administration centers, outpatient it further gation. clinics, community-based outpatient clinics Resolved, That copies of this resolution be and veterans centers; and transmitted to each member of Congress POM–266. A resolution adopted by the Sen- Whereas, Even though Federal funding for from Pennsylvania; to Fran P. Mainella, Di- ate of the General Assembly of the Common- medical services and administration for vet- rector, National Park Service, 1849 C Street wealth of Pennsylvania relative to nuclear erans in Pennsylvania has increased, many NW, Washington DC 20240; and to John A. power; to the Committee on Energy and Nat- of the facilities located throughout this Latschar, Superintendent, Gettysburg . . . ural Resources. Commonwealth still lack the necessary re- f SENATE RESOLUTION NO. 211 sources to provide for the veterans who need and richly deserve these services; and REPORTS OF COMMITTEES Whereas, Pennsylvania’s nine nuclear Whereas, There are 12 to 24 month waiting power reactors have proven to be reliable lists at many Veterans Health Administra- The following reports of committees sources of electricity to Pennsylvania citi- tion facilities in Pennsylvania; and were submitted: zens and businesses, producing 36% of the Whereas, These waiting lists will only By Mr. MCCAIN, from the Committee on electricity generated in the Commonwealth lengthen and the level of service will only of Pennsylvania; and Commerce, Science, and Transportation, lessen unless funding for these services in with an amendment in the nature of a sub- Whereas, Congress enacted the Nuclear Pennsylvania increase to a level that Waste Policy Act of 1982 and directed the De- stitute: matches needs; therefore be it S. 189. A bill to authorize appropriations partment of Energy to establish a program Resolved, That the Senate of the Common- for nanoscience, nanoengineering, and nano- for the management of the nation’s high- wealth of Pennsylvania memorialize the technology research, and for other purposes level waste, including used nuclear fuel, and President and Congress of the United States (Rept. No. 108–147). for its permanent disposal in a deep geologic to reexamine the level of funding for vet- repository; and erans medical services in order to provide f Whereas, More than $7 billion has been timely, high-quality service to veterans of spent on scientific testing and studies of United States military services; and be it INTRODUCTION OF BILLS AND Yucca Mountain, Nevada, showing that the further JOINT RESOLUTIONS proposed site is an ideal repository to safely Resolved, That copies of this resolution be The following bills and joint resolu- contain the nation’s used nuclear fuel, with transmitted to the President of the United tions were introduced, read the first a capacity sufficient to meet all foreseeable States, to the presiding officers of each storage needs; and house of Congress and to each member of and second times by unanimous con- Whereas, Studies of Yucca Mountain have Congress from Pennsylvania. sent, and referred as indicated: yielded the scientific information necessary By Ms. CANTWELL: for a decision by the United States Secretary POM–268. A resolution adopted by the S. 1614. A bill to designate a portion of of Energy that there are no technical or sci- House of Representatives of the General As- White Salmon River as a component of the entific issues to prevent Yucca Mountain sembly of the Commonwealth of Pennsyl- National Wild and Scenic Rivers System; to from serving as a permanent repository and vania relative to the Second Regiment the Committee on Energy and Natural Re- clearly support the recommendation by the United States Sharpshooters, Company C, sources. Secretary to the President of the United during the Civil War; to the Committee on By Mr. DASCHLE (for himself and Mr. States to proceed on licensing a permanent Energy and Natural Resources. DURBIN): repository at Yucca Mountain; and HOUSE RESOLUTION NO. 534 S. 1615. A bill to amend title 37, United Whereas, Since 1983, consumers of elec- Whereas, At the suggestion of Hiram States Code, to make permanent the rates of tricity from the Commonwealth of Pennsyl- Berdan, a New York inventor and eventual hostile fire and imminent danger special pay

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11479 and family separation allowance for mem- sponsor of S. 595, a bill to amend the BAYH) was added as a cosponsor of S. bers of the uniformed services as increased Internal Revenue Code of 1986 to repeal 1379, a bill to require the Secretary of by the Emergency Wartime Supplemental the required use of certain principal re- the Treasury to mint coins in com- Appropriations Act, 2003; to the Committee payments on mortgage subsidy bond memoration of veterans who became on Armed Services. By Ms. LANDRIEU: financings to redeem bonds, to modify disabled for life while serving in the S. 1616. A bill to amend the Employee Re- the purchase price limitation under Armed Forces of the United States. tirement Income Security Act of 1974 to pre- mortgage subsidy bond rules based on S. 1470 vent the preemption of State community median family income, and for other At the request of Mr. SARBANES, the property law as it relates to nonforfeitable purposes. name of the Senator from Illinois (Mr. accrued retirement benefits; to the Com- S. 664 DURBIN) was added as a cosponsor of S. mittee on Health, Education, Labor, and Pensions. At the request of Mr. HATCH, the 1470, a bill to establish the Financial By Mr. KENNEDY (for himself and Ms. name of the Senator from Utah (Mr. Literacy and Education Coordinating SNOWE): BENNETT) was added as a cosponsor of Committee within the Department of S. 1617. A bill to amend the employee Re- S. 664, a bill to amend the Internal the Treasury to improve the state of fi- tirement Income Security Act of 1974 and the Revenue Code of 1986 to permanently nancial literacy and education among Internal Revenue Code of 1986 to provide extend the research credit, to increase American consumers. comprehensive pension protection for the rates of the alternative incre- S. 1482 women; to the Committee on Finance. mental credit, and to provide an alter- At the request of Mr. INOUYE, the f native simplified credit for qualified name of the Senator from Nevada (Mr. SUBMISSION OF CONCURRENT AND research expenses. REID) was added as a cosponsor of S. SENATE RESOLUTIONS S. 852 1482, a bill to amend the Internal Rev- enue Code of 1986 to repeal the reduc- The following concurrent resolutions At the request of Mr. DEWINE, the tion in the deductible portion of ex- and Senate resolutions were read, and name of the Senator from Missouri penses for business meals and enter- referred (or acted upon), as indicated: (Mr. BOND) was added as a cosponsor of S. 852, a bill to amend title 10, United tainment. By Mr. MCCAIN (for himself, Mr. States Code, to provide limited S. 1507 LUGAR, Mr. BIDEN, and Mr. LIEBER- MAN): TRICARE program eligibility for mem- At the request of Mr. FEINGOLD, the S. Res. 225. A resolution commemorating bers of the Ready Reserve of the Armed names of the Senator from Vermont the 100th anniversary of diplomatic relations Forces, to provide financial support for (Mr. LEAHY) and the Senator from Min- between the United States and Bulgaria; to continuation of health insurance for nesota (Mr. DAYTON) were added as co- the Committee on Foreign Relations. mobilized members of reserve compo- sponsors of S. 1507, a bill to protect pri- By Mr. ALEXANDER (for himself, Mr. nents of the Armed Forces, and for vacy by limiting the access of the gov- FRIST, Mrs. LINCOLN, and Mr. PRYOR): other purposes. S. Con. Res. 68. A concurrent resolution ernment to library, bookseller, and honoring the life of Johnny Cash; ordered S. 874 other personal records for foreign intel- held at the desk. At the request of Mr. TALENT, the ligence and counterintelligence purposes. f name of the Senator from Kentucky (Mr. BUNNING) was added as a cosponsor S. 1524 ADDITIONAL COSPONSORS of S. 874, a bill to amend title XIX of At the request of Mr. SANTORUM, the S. 242 the Social Security Act to include pri- name of the Senator from Oklahoma At the request of Mr. DOMENICI, the mary and secondary preventative med- (Mr. NICKLES) was added as a cosponsor name of the Senator from Kentucky ical strategies for children and adults of S. 1524, a bill to amend the Internal (Mr. BUNNING) was added as a cosponsor with Sickle Cell Disease as medical as- Revenue Code of 1986 to allow a 7-year of S. 242, a bill to amend the Internal sistance under the medicaid program, applicable recovery period for deprecia- Revenue Code of 1986 to provide the and for other purposes. tion of motorsports entertainment same capital gains treatment for art S. 875 complexes. and collectibles as for other invest- At the request of Mr. KERRY, the S. 1557 ment property and to provide that a names of the Senator from Arkansas At the request of Mr. MCCONNELL, deduction equal to fair market value (Mr. PRYOR), the Senator from Iowa the name of the Senator from New shall be allowed for charitable con- (Mr. HARKIN) and the Senator from Hampshire (Mr. SUNUNU) was added as tributions of literary, musical, artistic, Texas (Mr. CORNYN) were added as co- a cosponsor of S. 1557, a bill to author- or scholarly compositions created by sponsors of S. 875, a bill to amend the ize the extension of nondiscriminatory the donor. Internal Revenue Code of 1986 to allow treatment (normal trade relations S. 480 an income tax credit for the provision treatment) to the products of Armenia. At the request of Mr. HARKIN, the of homeownership and community de- S. 1587 name of the Senator from New Jersey velopment, and for other purposes. At the request of Mr. BIDEN, the (Mr. LAUTENBERG) was added as a co- S. 982 name of the Senator from Louisiana sponsor of S. 480, a bill to provide com- At the request of Mr. SANTORUM, the (Mr. BREAUX) was added as a cosponsor petitive grants for training court re- name of the Senator from Idaho (Mr. of S. 1587, a bill to make it a criminal porters and closed captioners to meet CRAIG) was added as a cosponsor of S. act to willfully use a weapon, explo- requirements for realtime writers 982, a bill to halt Syrian support for sive, chemical weapon, or nuclear or under the Telecommunications Act of terrorism, end its occupation of Leb- radioactive material with the intent to 1996, and for other purposes. anon, stop its development of weapons cause death or serious bodily injury to S. 493 of mass destruction, cease its illegal any person while on board a passenger At the request of Mrs. LINCOLN, the importation of Iraqi oil, and hold Syria vessel, and for other purposes. name of the Senator from Iowa (Mr. accountable for its role in the Middle S. 1594 HARKIN) was added as a cosponsor of S. East, and for other purposes. At the request of Mrs. FEINSTEIN, the 493, a bill to amend title XVIII of the S. 1019 name of the Senator from Maryland Social Security Act to authorize phys- At the request of Mr. DEWINE, the (Ms. MIKULSKI) was added as a cospon- ical therapists to evaluate and treat name of the Senator from Utah (Mr. sor of S. 1594, a bill to require a report medicare beneficiaries without a re- BENNETT) was added as a cosponsor of on reconstruction efforts in Iraq. quirement for a physician referral, and S. 1019, a bill to amend titles 10 and 18, S. 1606 for other purposes. United States Code, to protect unborn At the request of Mr. KYL, the name S. 595 victims of violence. of the Senator from Georgia (Mr. At the request of Mr. HATCH, the S. 1379 CHAMBLISS) was added as a cosponsor of name of the Senator from Massachu- At the request of Mr. JOHNSON, the S. 1606, a bill to strengthen and en- setts (Mr. KERRY) was added as a co- name of the Senator from Indiana (Mr. hance public safety through pretrial

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11480 CONGRESSIONAL RECORD — SENATE September 15, 2003 detention and postrelease supervision based on their free-flowing condition and icans are stationed abroad, many fac- of terrorists, and for other purposes. outstandingly remarkable scenic, hydro- ing hostile fire in difficult conditions, logic, geologic, and wildlife values. S. CON. RES. 67 thousands of miles from home. In spite SEC. 3 UPPER WHITE SALMON WILD AND SCENIC of enormous difficulties, they have At the request of Mr. COCHRAN, the RIVER. served magnificently, bringing honor name of the Senator from New Jersey Section 3(a) of the Wild and Scenic Rivers (Mr. CORZINE) was added as a cosponsor Act (16 U.S.C. 1274(a)) is amended by adding to their families and their country. of S. Con. Res. 67, a concurrent resolu- the following new paragraph at the end: In light of all that we read in our tion expressing the need for enhanced ‘‘( ) WHITE SALMON RIVER, WASHINGTON.— daily newspapers about our soldiers’ public awareness of traumatic brain in- ‘‘(A) DESIGNATION.—Segments of the main heroic performance, it should be un- jury and supporting the designation of stem and Cascade Creek, totaling 20 miles, to thinkable that anyone would consider be administered by the Secretary of Agri- cutting their pay. But this isn’t a a National Brain Injury Awareness culture as follows: Month. rumor or some errant bureaucratic pro- ‘‘(i) 1.6-MILE SEGMENT.—The 1.6-mile seg- posal. Unless the President and the S. RES. 202 ment of the main stem of the White Salmon Congress act soon, many of our soldiers At the request of Mr. CAMPBELL, the River from the headwaters on Mount Adams will see their monthly pay reduced by name of the Senator from Maryland in Sec. 17, T. 8 N., R. 10 E., downstream to the Mount Adams wilderness boundary shall as much as $225 at the end of the cur- (Ms. MIKULSKI) was added as a cospon- be administered as a wild river. rent fiscal year. My legislation would sor of S. Res. 202, a resolution express- ‘‘(ii) 5.1-MILE SEGMENT.—The 5.1-mile seg- help us honor the debt we owe to our ing the sense of the Senate regarding ment of Cascade Creek from its headwaters soldiers by making permanent the the genocidal Ukraine Famine of 1932– on Mount Adams in Sec. 10, T. 8 N., R. 10 E. rates of pay currently provided to our 33. downstream to the Mount Adams Wilderness soldiers. S. RES. 209 boundary shall be administered as a wild river. Unfortunately, we have received very At the request of Mr. JEFFORDS, the ‘‘(iii) 1.5-MILE SEGMENT.—The 1.5 mile seg- mixed messages from the administra- names of the Senator from Washington ment of Cascade Creek from the Mount tion about their position on this issue. (Ms. CANTWELL), the Senator from Illi- Adams Wilderness boundary downstream to In July, the Defense Department issued nois (Mr. DURBIN), the Senator from its confluence with the White Salmon River a position paper to the Congress ex- Iowa (Mr. HARKIN), the Senator from shall be administered as a scenic river. pressing its views on military pay and South Dakota (Mr. JOHNSON), the Sen- ‘‘(iv) 11.8-MILE SEGMENT.—The 11.8-mile a series of other legislative proposals. ator from Wisconsin (Mr. KOHL), the segment of the main stem of the White According to the official Pentagon doc- Senator from Washington (Mrs. MUR- Salmon River from the Mount Adams Wil- derness boundary downstream to the Gifford ument, the Defense Department urged RAY) and the Senator from Indiana (Mr. Pinchot National Forest boundary shall be Congress to reduce our troops’ pay. LUGAR) were added as cosponsors of S. administered as a scenic river.’’. Last month, the San Francisco Chron- Res. 209, a resolution recognizing and SEC. 4. ADDITIONAL SECTIONS. icle, in an article entitled ‘‘Troops In honoring Woodstock, Vermont, native Nothing in this Act, or any amendment Iraq Face Pay Cut,’’ reported, ‘‘The Hiram Powers for his extraordinary made by this Act, shall limit the suitability Pentagon wants to cut the pay of its and enduring contributions to Amer- of the 18.4-mile segment from the Gifford 148,000 U.S. troops in Iraq, who are al- ican sculpture. Pinchot National Forest boundary to the ready contending with guerrilla-style S. RES. 222 confluence with Gilmer Creek for designa- attacks, homesickness, and 120-degree tion as a wild and scenic river under section At the request of Mr. BIDEN, the plus heat. . . . The Defense Department 3(a) of the Wild and Scenic Rivers Act (16 name of the Senator from Oregon (Mr. U.S.C. 1274(a)). supports the cuts, saying its budget YDEN can’t sustain the higher payments and W ) was added as a cosponsor of S. SEC. 5. MANAGEMENT. Res. 222, a resolution designating Octo- The Secretary of Agriculture shall develop a host of other priorities.’’ ber 17, 2003 as ‘‘National Mammog- and administer the comprehensive manage- Not surprisingly, these reports trig- raphy Day’’. ment plan required by section 3(d)(1) of the gered a fire storm. The administration f Wild and Scenic Rivers Act (16 U.S.C. quickly backpedaled. Its latest posi- 1274(d)(1)) for the designated sections of the tion is that pay will be kept at current STATEMENTS OF INTRODUCED Upper White Salmon River in general ac- levels for our troops in Iraq and Af- BILLS AND JOINT RESOLUTIONS cordance with that portion of the preferred ghanistan, but pay for troops deployed By Ms. CANTWELL: alternative of the Forest Service Wild and abroad in other countries should be Scenic River Study Report and Final Legis- S. 1614. A bill to designate a portion lative Environmental Impact Statement for cut. This does a disservice to the men of White Salmon River as a component the Upper White Salmon River dated July 7, and women who have chosen to risk of the National Wild and Scenic Rivers 1997, addressing only the designated sections. their lives for their country and have System; to the Committee on Energy SEC. 6. AUTHORIZATION OF APPROPRIATIONS. been deployed far from their homes and and Natural Resources. There are authorized to be appropriated their families. Ms. CANTWELL. Mr. President, I ask such sums as may be necessary to carry out At a time when we are asking so unanimous consent that the text of the this Act. much of these troops and their fami- bill be printed in the RECORD. lies, it is inconceivable to me that this There being no objection, the bill was By Mr. DASCHLE (for himself Nation can’t sustain current pay levels ordered to be printed in the RECORD, as and Mr. DURBIN): for all troops deployed abroad and that follows: S. 1615. A bill to amend title 37, the administration would not fully sup- United States Code, to make perma- S. 1614 port this proposition. nent the rates of hostile fire and immi- The legislation would send a clear SECTION 1. SHORT TITLE. nent danger special pay and family sep- signal to all of our troops, both those This Act may be cited as the ‘‘Upper White aration allowance for members of the Salmon Wild and Scenic Rivers Act’’. deployed abroad and those facing the uniformed services as increased by the possibility of deployment in the com- SEC. 2. FINDINGS. Emergency Wartime Supplemental Ap- The Congress finds the following: ing weeks and months. This Nation (1) The Columbia River Gorge National propriations Act, 2003; to the Com- recognizes and appreciates the risks Scenic Area Act (16 U.S.C. 544 et seq.) di- mittee on Armed Services. they take on our behalf and we honor rected the Secretary of Agriculture to study Mr. DASCHLE. Mr. President, today, our commitment to them. I urge the the Upper White Salmon River for possible I rise to introduce a bill that is as sim- administration and my colleagues to designation as a component of the National ple as it is significant. It promises our join with me in this effort. Our troops Wild and Scenic Rivers System. soldiers that while they fight to pro- and their families deserve no less. (2) The study, conducted by the Forest tect us, we will do what we can do pro- I ask unanimous consent that the Service, included extensive public involve- tect them and their families by not al- ment by a broadly inclusive task force. text of the bill be printed in the (3) The study determined that the Upper lowing their pay to be cut. RECORD. White Salmon River and its tributary, Cas- Each day brings a fresh reminder of There being no objection, the bill was cade Creek, are eligible for inclusion in the the debt we owe our men and women in ordered to be printed in the RECORD, as National Wild and Scenic Rivers System uniform. Today, well over 200,000 Amer- follows:

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11481 S. 1615 ment that speaks to the question, do we Examples of increased costs that Be it enacted by the Senate and House of Rep- want to extend the language Congress used families may incur when military per- resentatives of the United States of America in in the Family Separation Allowance and Im- sonnel are deployed, in addition to in- Congress assembled, minent Danger Pay statutes. And no, we don’t think we need to extend that language. creased child care costs, include: SECTION 1. MAINTENANCE OF INCREASED RATE That’s a different statement from, are we health care costs not covered by OF HOSTILE FIRE AND IMMINENT TRICARE; for example, the cost of DANGER SPECIAL PAY. going to reduce compensation for those in Iraq and Afghanistan . . . counseling for children having a dif- (a) RATE.—Section 310(a) of title 37, United States Code, is amended by striking ‘‘$150’’ What do these statements mean? ficult time with their parents’ deploy- and inserting ‘‘$225’’. Evidently the administration wants ment; costs for the family of an acti- (b) EFFECTIVE DATE.—The amendment to claim that it will keep compensa- vated Reservist or National Guard made by subsection (a) shall take effect on tion the same for those serving in Iraq member to travel to mobilization brief- October 1, 2003. and Afghanistan, through other pay ings, which may be in another state; SEC. 2. MAINTENANCE OF INCREASED RATE OF categories, but does indeed intend to various communication and informa- FAMILY SEPARATION ALLOWANCE. roll back the increases to Imminent tion-gathering costs. (a) RATE.—Section 427(a)(1) of title 37, Danger Pay and Family Separation Al- I would like to quote for the RECORD United States Code, is amended by striking from an article that appeared in The ‘‘$100’’ and inserting ‘‘$250’’. lowance. This means that a soldier getting Washington Post on April 11, 2003, enti- (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on shot at fighting the war on terrorism tled ‘‘Military Familes Turn to Aid October 1, 2003. in Yemen or the Philippines would re- Groups,’’ that outlines how military Mr. DURBIN. Mr. President, I have ceive less money than one who is simi- families have had to rely on private aid larly risking his or her life in Iraq. organizations to help them when their joined Senator DASCHLE in introducing a bill today that would make perma- This means that a family bearing huge spouses are deployed. The article high- nent the increases in Imminent Danger costs because of burdensome, long-term lights the case of one mother, Michele Pay and Family Separation Allowance deployments would only be helped if Mignosa and says: passed by Congress in the Fiscal Year the service member is deployed to Iraq The last 18 months have brought one mis- hap or another to Michelle Mignosa. Her hus- 2003 Emergency Wartime Supplemental or Afghanistan, but not if that same service member is deployed anywhere band, Kevin, is an Air Force reservist who Appropriations Act. else in the world. since the Sept. 11, 2001, terrorist attacks has Last spring, when the Senate consid- It is unfair to cut funding intended to been away from their Lancaster, Calif., home ered the Budget Resolution, it passed, help military families that are bearing almost as much as he’s been there. First, there were the out-of-state trips to provide by a vote of 100 to 0, an amendment I the costs of far-flung U.S. deployments. offered with Senator LANDRIEU that airport security. Then he was deployed to It is unacceptable that imminent dan- 1 Turkey for 2 ⁄2 months last spring. Now he’s would have allowed for $1 billion to ger would be worth less in one combat cover the increase in these special pay in Greece with an air-refueling unit. . . . And zone than in another. while he has been gone, the problems have categories. The bill we introduce today makes a piled up at home. . . . Strapped for cash since Then when the Senate considered the clear statement that these pay cat- giving up her part-time job because of Fiscal Year 2003 Emergency Wartime egories should be increased perma- Kevin’s frequent far-off postings, she didn’t Supplemental Appropriations Act, it nently and should not be cut in con- know where the money would come from to unanimously accepted an amendment I ference. resolve yet another problem. offered with Senator STEVENS and Sen- Until these pay levels were increased I applaud the efforts of private aid ator INOUYE, increasing these pay cat- in the supplemental, an American sol- groups to help military families, but I egories for the remainder of the fiscal dier, sailor, airman, or Marine who put believe that it is the duty of the U.S. year. his or her life on the line in imminent Government to cover more of the costs The amendment we offered to the danger only received an extra $150 per incurred because of military deploy- supplemental, sunset these pay in- month. My amendment increased that ments. If should not matter to which creases, not because we wished to end amount to $225 per month—still only country the service member is de- them, but simply to allow the Armed an acknowledgment of their courage, ployed. Cuts must not be made to funds Services Committee—the Committee of but an increase nonetheless. helping military families that are bear- Jurisdiction—to increase these pay lev- Prior to the increase in the Supple- ing the costs of war, homeland secu- els in the Fiscal Year 2004 Defense Au- mental Appropriations bill, Family rity, and U.S. military commitments thorization bill, which it did. Separation had been only $100 per abroad. Now, when soldiers are dying in Iraq month. We succeeded in raising it to To say that pay will not decrease to and military families have been sepa- $250 per month. those serving in Iraq or Afghanistan is rated for many months, we hear that These increases are only part of a ignoring the truth—rolling back Fam- the administration wishes to cut these normal progression of increases—for ily Separation Allowance from $250 per pay increases in the conference com- example, in 1965, Imminent Danger Pay month to $100 per month will cost our mittee. was $55; $100 in 1985, and raised to $150 military families and could be espe- The Statement of Administration in 1991. Family Separation Allowance cially painful for those living on the Policy on the House version of the bill was $30 in 1970, $60 in 1985, $75 in 1991, edge. objects to the provision increasing and $100 in 1997. I urge my colleagues to support the both pay categories, saying it would Family Separation Allowance was bill that Senator DASCHLE and I intro- ‘‘divert resources unnecessarily.’’ The originally intended to pay for things duce today and make a strong state- statement on the Senate bill only ob- that the deployed service member ment to the Defense Department that jects to the increase in Family Separa- would have done, like cut the grass, Congress will not stand for cutting Im- tion Allowance. that the spouse may then have had to minent Danger Pay and Family Sepa- When confronted with questions hire someone to do. That may well ration Allowance. about why the administration wanted have been appropriate in the past, but to reduce these pay categories, Defense now most families have two working By Ms. LANDRIEU: S. 1616. A bill to amend the Employee Department spokesman, Under Sec- spouses—sometimes two working mili- Retirement Income Security Act of retary David Chu, came up with the tary spouses—and the absence of one or 1974 to prevent the preemption of State classic Washington non-denial denial. both parents may add huge child care community property law as it relates On August 14, Chu said: costs that even the increased rate is unlikely to cover. to nonforfeitable accrued retirement I’d just like very quickly to put to rest Military spouses sometimes find that benefits; to the Committee on Health, what I understand has been a burgeoning rumor that somehow we are going to reduce they must give up their jobs or curtail Education, Labor, and Pensions. compensation for those serving in Iraq and their working hours in order to take up Ms. LANDRIEU. Mr. President, the Afghanistan. That is not true . . . the family responsibilities that other- Senate is expected to consider impor- What I think you’re pointing to is one wise would have been shared by the tant legislation that will affect the piece of a very thick technical appeal docu- missing spouse. pensions of millions of Americans and

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11482 CONGRESSIONAL RECORD — SENATE September 15, 2003 their families during the 108th Con- community property in recognition of S. 1616 gress. In the last Congress we provided her contribution to the marriage. At Be it enacted by the Senate and House of Rep- greater security to pensions by cor- her death, she would have been free to resentatives of the United States of America in recting the accounting abuses that lay dispose of the assets as she saw fit. Congress assembled, at the heart of the Enron and Furthermore, after Boggs, if a couple SECTION 1. STATE COMMUNITY PROPERTY LAW RIGHT TO RETIREMENT BENEFITS WorldCom bankruptcies—bankruptcies has both a 401K plan and a savings ac- NOT PREEMPTED BY ERISA. that caused the employees of these count, upon the death of the wife the (a) IN GENERAL.—Section 514(b) of the Em- companies to lose their life savings and husband gets all of the 401K plan plus ployee Retirement Income Security Act of hurt the investment portfolios of thou- half of the savings account; the wife’s 1974 (29 U.S.C. 1144(b)) is amended— sands of individual investors. estate gets only half of the savings ac- (1) by redesignating paragraphs (8) and (9) Today, I am introducing legislation count. That is not the equal outcome as (9) and (10), respectively; and to correct a unique problem under community property laws seek. (2) by inserting after paragraph (7) the fol- ERISA for States with community The legislation that I am proposing lowing: ‘‘(8)(A) Except as provided in subparagraph property laws. The issue came to light will create a narrow exception within the ERISA preemption provisions to (B), if— in the 1997 Supreme Court decision in ‘‘(i) under the community property laws of the case of Boggs v. Boggs. The Court address the circumstances under any State the spouse of a participant of a held that ERISA preempted the appli- Boggs. Instead of losing the commu- pension plan is entitled to any portion of the cation of Louisiana’s community prop- nity property interest in any non-for- participant’s nonforfeitable accrued benefit; erty law in the disposition of pension feitable accrued pension benefits at and benefits. While the case originated in death, a spouse will retain that inter- ‘‘(ii) the spouse’s interest in such benefit Louisiana, the holding tears a hole in est and will be able to pass that inter- under such laws passed to an individual other than the participant by reason of the the fabric of community property laws est on to his or her heirs. This is not an exceptional change to ERISA. What I death of the spouse; of seven other States, Texas, New Mex- then subsection (a) shall not apply to an ico, California, Arizona, Nevada, Wash- am proposing does not affect the joint order issued by a court of such State dis- ington, and Idaho. and survivor annuity required by posing of such interest. Long before the women’s movement, ERISA nor does it prevent the partici- ‘‘(B) Nothing in subparagraph (A) shall be community property laws stood for the pant from having the use and enjoy- construed to allow a claim— basic premise that a marriage is an ment of the entire retirement asset ‘‘(i) for a benefit directly from a pension plan; economic, as well as social, child until his death. It does not place any new burden on the retirement plan ad- ‘‘(ii) against a qualified joint and survivor rearing partnership in which the own- annuity or qualified pre-retirement survivor ership of property acquired during the ministrators. It envisions that upon the death of the participant, the State annuity of a surviving spouse of the partici- marriage is shared equally. The Boggs pant; or case involved a husband and wife. The probate court will apply normal com- ‘‘(iii) against the participant during his or husband began accumulating benefits munity property principles, taking her lifetime.’’. in a pension plan after they got mar- into account the value of the retire- (b) EFFECTIVE DATE.—The amendments ried. The wife did not have a pension ment assets at the time of the partici- made by this Act shall apply to orders re- pant’s death, in distributing the par- garding the estates of decedents dying after plan, but under the community prop- the date of enactment of this Act. erty law of Louisiana, half of her hus- ticipant’s property between the heirs of the participant and the heirs of the band’s benefits were hers. The wife died By Mr. KENNEDY (for himself predeceased spouse. Furthermore, each before her husband retired, and before and Ms. SNOWE): community property State will have the plan’s benefits were subject to dis- S. 1617. A bill to amend the employee the freedom to implement the amend- tribution. In her will she left her inter- Retirement Income Security Act of ment by whatever means the State est in the pension benefits to her hus- 1974 and the Internal Revenue Code of deems best, including the option not to band for the rest of his life, with the 1986 to provide comprehensive pension implement the amendment at all. remaining interest to her sons for after ERISA already contains exceptions protection for women; to the Com- her husband died. The husband subse- to its preemption provisions. One ap- mittee on Finance. Mr. KENNEDY. Mr. President, it’s a quently remarried, retired, and ulti- plies to divorce or other Qualified Do- mately died, leaving property to his mestic Relations Orders. This excep- privilege to join Senator SNOWE in in- second wife and an interest in his re- tion, added to ERISA by the Retire- troducing the Women’s Pension Protec- maining assets to his sons. The sons at- ment Equity Act of 1984, allows States tion Act of 2003, and I commend her for tempted to enforce their State-law in- to apply their community property her commitment. Retirement security is essential for terest in the pension benefits be- laws or equitable division laws to re- all Americans, but too often we have queathed to them by their mother tirement assets when a couple gets di- against the second wife. The Supreme vorced. A divorced spouse can retain an failed to meet the needs of women on Court held against the sons, saying interest in the undistributed pension this basic issue. Women live longer that they were not beneficiaries of, nor assets of their ex-husband or wife. As it than men, but they continue to earn participants in, the pension plan under now stands, therefore, ERISA is more far less in wages over their lifetimes. ERISA. favorable to a spouse who divorced the Women are much less likely to benefit This holding goes against the funda- participant before dying, than a spouse from the private pension system. Just mental principles of community prop- who remained married to the partici- as women receive less pay and less rec- erty. What the Court is saying is that pant until death. ognition of their contributions in the although a husband’s 401K plan may The Senate should act to reaffirm the workplace, they also receive fewer re- contain a million dollars of deferred principles of community property. My tirement benefits. earnings accumulated during the legislation upholds the basic ideal of Women’s lack of retirement security course of his marriage, if his wife dies community property law: that mar- is based in the unfair treatment they before he retires, her interest termi- riage is a partnership that values as face in the workplace. Women still nates; she co-owned none of it. The fun- equal the contributions of both the earn only 76 percent of the wages of damental principle of marriage as an husband and the wife. This notion of men, and this gap in pay leads to hun- equal partnership under community equality holds true whether one spouse dreds of thousands of dollars in lower property is rendered meaningless by worked and the other stayed at home. pay over their careers. Women are this decision. I urge my colleagues to pass this legis- twice as likely as men to work in part- The Boggs ruling will also lead to lation. time jobs without benefits. They are conflicting results in the disposition of I ask unanimous consent that the much more likely to spend time out of assets at death in community property text of this bill be printed in the the workforce to meet their family re- States. If, instead, the money had been RECORD. sponsibilities. All of these factors put in an ordinary savings account There being no objection, the bill was translate into seriously inadequate re- that is not covered by ERISA, half of it ordered to be printed in the RECORD, as tirement income for vast numbers of would have been owned by the wife as follows: women.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11483 The realities of this injustice are Whereas the Bulgarian people, including SENATE CONCURRENT RESOLU- grim. According to the most recent Bulgarian civil and religious leaders, bravely TION 68—HONORING THE LIFE OF Census data, fewer than 20 percent of protected 50,000 Bulgarian Jews from depor- JOHNNY CASH tation and extermination during the Holo- women age 65 and over are receiving Mr. ALEXANDER (for himself, Mr. private pension income—and these caust; Whereas Bulgaria has supported stability FRIST, Mrs. LINCOLN, and Mr. PRYOR) women are receiving an average of only in the Balkans by rendering support to Oper- submitted the following concurrent $4,200 a year in such income, compared ation Allied Force and Operation Joint resolution; which was ordered held at with $7,800 for men. Minority women Guardian led by the North Atlantic Treaty the desk. are in even more desperate straits— Organization (NATO), and by providing S. CON. RES. 68 only 15 percent of African-American peacekeeping troops to the Stabilisation Whereas Johnny Cash was one of the most women and 8 percent of Hispanic Force in Bosnia and Herzegovina and to the influential and recognized voices of Amer- women receive pension income. Kosovo Force in Kosovo; ican music throughout the world, whose in- As a result of these lower wages, Whereas Bulgaria was among the very first fluence spanned generations and musical longer lifespans and unfair pensions, countries to denounce terrorism and pledge genres; nearly one in five older single women active support to the United States in the Whereas Johnny Cash was born on Feb- are living in poverty. fight against terrorism following the events ruary 26, 1932, in Kingsland, Arkansas, and Almost twenty years ago, we modi- of September 11, 2001; moved with his family at the age of 3 to Whereas Bulgaria provided overflight and Dyess, Arkansas, where the family farmed 20 fied federal pension laws to provide basing rights at the town of Burgas for Oper- greater protections for women in their acres of cotton and other seasonal crops; ation Enduring Freedom and Bulgaria de- Whereas those early years in the life of retirements. The Retirement Equity ployed a military unit to Afghanistan as Johnny Cash inspired songs such as ‘‘Look at Act of 1984 required defined benefit part of the International Security Assistance Them Beans’’ and ‘‘Five Feet High and Ris- pension plans to pay survivor benefits, Force; ing’’; unless the spouse waived this protec- Whereas Bulgaria has stood firmly by the Whereas Johnny Cash eventually released tion. The time has come to extend and United States in the cause of advancing free- more than 70 albums of original material in expand these protections. In many dom worldwide during its tenure as a non- his lifetime, beginning with his first record- cases, the amount a spouse receives as permanent member of the United Nations ing in 1955 with the Tennessee Two; a survivor benefit is often far too little Security Council; Whereas Johnny Cash was a devoted hus- Whereas Bulgaria met each request of the band to June Carter Cash, a father of 5 chil- to provide adequate support. The exist- United States relating to overflight and bas- dren, and a grandfather; ing protections do not cover 401(k) and ing rights as well as transit of United States Whereas Johnny Cash received extensive other defined contribution plans— and coalition forces, and deployed a 500-man recognition for his contributions to the mu- which are now the only retirement as- infantry battalion as part of a stabilization sical heritage of the Nation, including mem- sistance for over half of the American force in Iraq; bership in the Grand Old Opry; induction who have private pensions. Whereas in November 2003, Bulgaria was into the Nashville Songwriters Hall of Fame, Under the legislation we are intro- invited to join NATO and has shown deter- the Country Music Hall of Fame, and the ducing today, women will have greater mination in enacting the continued reforms Rock and Roll Hall of Fame; and his receipt of numerous awards, including Kennedy Cen- retirement security. They will have necessary to be a productive, contributing member of the Alliance; ter Honors, 11 Grammy awards, and the 2001 greater say in the management of their National Medal of Arts; husband’s 401(k) funds. Widows will Whereas Bulgaria strongly supports the strengthening of trans-Atlantic relations Whereas Johnny Cash embodied the cre- have more generous survivor benefits. and considers the relations to be a basis for ativity, innovation, and social conscience Divorced women will have a greater NATO unity and cooperation in countering that define American music; ability to receive a share of their new threats to global security; and Whereas Johnny Cash was a vocal champion of the downtrodden, the working man, former husband’s pension after a di- Whereas in May 2003, the Senate gave its and Native Americans; and vorce. Our legislation offer long over- consent with 96 votes to 0 for the ratification Whereas the Nation has lost one of its due improvements in the private sys- of the accession protocols of Bulgaria and 6 most prolific and influential musicians with other aspirant countries from Central and tem, so that retirement savings pro- the death of Johnny Cash on September 12, Eastern Europe to NATO, thereby welcoming grams are more responsive to the reali- 2003, in Nashville, Tennessee: Now, therefore, their contribution to common trans-Atlantic ties of women’s lives and careers. Con- be it gress must do all it can to strengthen security: Now, therefore, be it Resolved by the Senate (the House of Rep- women’s retirement security and end Resolved, That the Senate— resentatives concurring), That Congress— the many inequities that affect women (1) recognizes the 100 years of diplomatic (1) honors the life and accomplishments of in our current pension laws. I urge my relations between the United States and Bul- Johnny Cash; (2) recognizes and honors Johnny Cash for colleagues to support the Women’s garia; (2) commends the Republic of Bulgaria for his invaluable contributions to the Nation, Pension Protection Act. developing increasingly friendly and broadly Tennessee, and our musical heritage; and f based relations with the United States, (3) extends its condolences to the Cash SUBMITTED RESOLUTIONS which are now the most favorable in the his- family on the death of a remarkable man. tory of United States-Bulgaria relations; Mr. ALEXANDER. Mr. President, (3) recognizes Bulgaria’s continued con- today I am introducing a concurrent SENATE RESOLUTION 225—COM- tributions towards bringing peace, stability, resolution honoring Johnny Cash. MEMORATING THE 100TH ANNI- and prosperity to the region of southeastern Johnny Cash died on Friday in Nash- Europe, including the contributions of Bul- VERSARY OF DIPLOMATIC RELA- ville. The man whose singing voice garia to regional security and democratic sounded like a big freight train com- TIONS BETWEEN THE UNITED stability; STATES AND BULGARIA (4) salutes Bulgaria’s willing cooperation ing, is gone. The concurrent resolution I introduce today is on behalf of my Mr. MCCAIN (for himself, Mr. LUGAR, and increasingly vital role as a valuable ally colleague, the majority leader, Senator Mr. BIDEN, and Mr. LIEBERMAN) sub- in the war against international terrorism; BILL FRIST of Tennessee, the Senators mitted the following resolution; which (5) highlights the importance of Bulgaria’s from Arkansas, Mrs. LINCOLN and Mr. was referred to the Committee on For- active participation in regional initiatives such as the Stability Pact for Southeast Eu- PRYOR, and the distinguished Senator eign Relations: rope, the Southeast Europe Cooperative Ini- ROBERTS, who probably knows the S. RES. 225 tiative, and the Southeast Europe Coopera- words to ‘‘I Walk the Line,’’ as do most Whereas the United States established dip- tion Process, and the various projects of of us all over the world. lomatic relations with the Republic of Bul- those initiatives, which are focused on fight- Johnny Cash lived a little bit outside garia on September 19, 1903; ing crime and corruption, increasing trade, of Nashville. I was in his home one Whereas the United States acknowledges improving the investment climate, and gen- the courage of the Bulgarian people in decid- erally preparing Bulgaria and Southeast Eu- time and I asked him: Johnny, how ing to pursue a free, democratic, and inde- rope as a whole for eventual membership in many nights do you perform on the pendent Bulgaria and the steadfast persever- the European Union; and road? ance of the Bulgarian people in building a so- (6) encourages opportunities for greater co- He looked at me with some surprise. ciety based on democratic values, the rule of operation between the United States and He said: Oh, about 300 a year. law, respect for human rights, and a free Bulgaria in the political, military, economic, Why do you do that, I asked him in market economy; and cultural spheres. amazement?

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11484 CONGRESSIONAL RECORD — SENATE September 15, 2003 He looked back at me equally and Andrew Lytle were some of those Blytheville. Still, John didn’t pick up a amazed. He said: That is what I do. literary critics who began their careers guitar until he was stationed in West All weekend the radio stations have then. Germany as a soldier in the Army. The been playing the songs of the man who If Vanderbilt University, my alma instrument was so cheap, he said, that performed 300 times a year for all of us, mater, is such a center of literary criti- ‘‘it didn’t even have a brand name.’’ the ‘‘man in black.’’ Stores all over cism, then why has Vanderbilt Univer- When he returned from Germany, Nashville and all over the world were sity not done more about the literature John moved to Memphis, determined to stocking up on Johnny Cash memora- that is country music? Or why does make it in the music industry. He sold bilia this weekend. Belmont University in Nashville or the appliances door-to-door and went to So much has been said in newspapers University of Tennessee or the Univer- broadcasting school on the GI bill, and on TV that one wonders what else sity of Memphis not do it? playing music whenever he could. Fi- we Senators might say about Johnny These Nashville and Memphis song- nally, he managed to get an audition Cash. I mean, what could I say better, writers are certainly among the most before Sam Phillips, the owner of the for example, than what Steven Green- famous poets in the world. But why do legendary Sun Records studio. The house wrote on Johnny on page 1 of the we wait for the New York Times and first time Phillips heard Cash sing, he New York Times on Saturday: Bob Dylan to tell us that Johnny Cash turned him down, saying that he Beginning in the mid-1950s, when he made and Hank Williams are also among the sounded ‘‘too country.’’ John returned his first record for the Sun label, Mr. Cash best poets when Vanderbilt University, with a more rockabilly sound and Phil- forged a lean, hard-bitten country-folk among others, lives right there among lips began to send his group out with music that at its most powerful seemed to them? another artist on the Sun Records erase the lines between singing, storytelling There are hundreds of good English label, Elvis Presley. Phillips also began and grueling life experience. Born in poverty professors in dozens of northeastern to refer to John as Johnny, a name in Arkansas at the height of the Depression, Cash disliked because he thought it he was country music’s foremost poet of the universities writing thousands of pages of criticism about average poets, while made him sound too young. Johnny working poor. His stripped-down songs de- would go on to record some of his most scribed the lives of coal miners and share- our Tennessee universities are doing croppers, convicts and cowboys, railroad almost nothing to write about poets cherished songs for the label, including workers and laborers. who others say are among the best in such classics as ‘‘Cry, Cry, Cry’’ and ‘‘I ‘‘Foremost poet of the working the world. We have had a habit in Ten- Walk the Line’’. Over the next 5 decades, Johnny Cash poor.’’ Mr. Greenhouse was not the nessee of not being willing to look recorded over 400 albums, with 48 hits only one who wrote beautifully about right in front of our own noses to cele- on the Billboard Hot 100 and over 130 the foremost poet of the working poor. brate what is special about us. We hits on the Billboard country music So did Louie Estrada and David Segal sometimes worry about producing only charts. In the process, the boy from in the Washington Post. So did Craig average Chopin when right down the Dyess Colony managed to sell over 50 Havighurst and several other writers in block lives the best harmonica player million records. He is part of a distin- the Tennessean in Nashville, as well as in the world. guished group of musicians from Ar- I am all for Chopin, Beethoven, Mo- John Sparks in the Memphis Commer- kansas including: Conway Twitty, zart, and Bach. I have played their cial Appeal. Sonny Boy Williamson, Glen Campbell, I have no doubt that in Wichita, To- music on the piano with symphonies and Charlie Rich. Even though Johnny peka, and important cities all over the all across Tennessee, but I have also Cash and these other distinguished art- country and world there were writers performed with those symphonies some ists found fame outside of Arkansas, who were writing as best they could of the most beautiful of the unique the experience of growing up in Arkan- American music we call country music. about the music and the sound of John- sas gave them a unique perspective on The death of our friend Johnny Cash, ny Cash. the feelings of the common man and Why do we wait until Johnny Cash the poet of the working poor, is a good woman, working hard to just get by, a dies to write of his poetry? John R. time for our Tennessee universities to perspective which came through in Cash is not the only such poet who ever consider whether they might want to their music. lived in Nashville, TN. Bob Dylan, celebrate our excellence by encour- The number of artists he has influ- Johnny’s friend, once said that Hank aging literary criticism of some of the enced is immeasurable. He has been in- Williams was America’s greatest poet. best known poets in the world: Our ducted into the Country & Western At last count, there are several thou- songwriters. Our universities might Hall of Fame, the Nashville Song- sand songwriters living in Nashville discover what others have suggested, writer’s Hall of Fame, and the Rock & struggling to write poetry, some of that some of our songwriters are also Roll Hall of Fame. He received 11 which will be known and remembered among the best in the world. Grammy Awards including the Life- everywhere in the world one day. Mrs. LINCOLN. Madam President, I time Achievement Award, and has been Alice Randall, a Nashville song- rise to join Senators ALEXANDER, honored by both the Kennedy Center writer, a writer of songs and books, FRIST, and PRYOR to introduce a reso- for his contribution to American Cul- once observed that it is odd that there lution in honor of a great American, ture and the United Nations, receiving is so little serious literary criticism of and one of our greatest Arkansans— the Humanitarian Award. The last two the poetry of Johnny Cash, Hank Wil- Johnny Cash, who passed away on Fri- awards illustrate how Johnny Cash be- liams, and other country music song- day, September 12, at the age of 71. came so much more than a musician. writers. The outpouring of articles that John R. Cash was born in Kingsland, His songs shined a light on aspects of accompanied Johnny’s death this AR on February 26, 1932. When he was American culture that are integral to weekend suggest that most of the seri- just 3 years old, his father moved the our Nation’s history but too often over- ous criticism of the poetry found in family to Dyess Colony, a New Deal looked. He never forgot where he came country music is done by pop music program that set up new farming com- from and the people he met along the critics in our major newspapers. munities on uncleared land near the way. He told stories about people who But why is there not a department or Mississippi River. The family had 20 worked hard just to survive, people so a chair or at least a conference occa- acres upon which they farmed cotton poor they couldn’t afford a car so they sionally dedicated to criticism of the and other seasonal crops and from the snuck out the parts to build one from poetry or at least the literature of beginning, John was taught to work for the plant where they worked, ‘‘One country music? Literary criticism is a a living. It was this time spent farming Piece At A Time’’. And he told it all fundamental part of the departments of and living in Northeast Arkansas, that with a voice that once was described as English in universities all across Amer- inspired songs such as ‘‘Look at Them ‘‘the perfect voice for a man of his spir- ica. Some of the most famous of these Beans’’ and ‘‘Five Feet High and Ris- it. It’s unmistakable. It doesn’t sound were among the ‘‘Fugitives’’ who met ing.’’ At the age of six, he was hauling like anybody else. And it sounds like during the 1920s at Vanderbilt Univer- water for a road crew. At twelve he was the real thing, which is what he is.’’ sity. Cleanth Brooks, Robert Penn chopping cotton. When he reached high I ask that all my colleagues in the Warren, Allen Tate, Donald Davidson, school he was singing on the radio in Senate join me in honoring a true

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11485 American original, a prodigiously tal- CLEAR SECURITY ADMINISTRATION’’ under the On page 42, line 20, strike the period at the ented musician, with a conscience that heading ‘‘WEAPONS ACTIVITIES’’ is hereby re- end and insert ‘‘, of which $5,000,000 shall be matched those gifts. Our deepest con- duced by $21,000,000, with the amount of the available for the Navajo electrification dem- dolences go out to his family and reduction to be allocated so that— onstration program under section 602 of Pub- (1) no funds shall be available for the Ro- lic Law 106–511 (114 Stat. 2376).’’ friends. bust Nuclear Earth Penetrator; and f f (2) no funds shall be available for Advanced Weapons Concepts. NOTICES OF HEARINGS/MEETINGS AMENDMENTS SUBMITTED & (b) PROHIBITION ON USE OF FUNDS FOR CER- PROPOSED TAIN MODIFICATION OF READINESS POSTURE OF COMMITTEE ON RULES AND ADMINISTRATION SA 1654. Mr. BINGAMAN submitted an NEVADA TEST SITE.—None of the funds appro- AND COMMITTEE ON THE JUDICIARY amendment intended to be proposed by him priated or otherwise made available by this Mr. LOTT. Mr. President, I wish to to the bill H.R. 2691, making appropriations Act for the Department of Energy may be announce that there will be a joint for the Department of the Interior and re- obligated or expended for the purpose of meeting of the Committee on Rules modifying the readiness posture of the Ne- lated agencies for the fiscal year ending Sep- and Administration and the Committee tember 30, 2004, and for other purposes; which vada Test Site, Nevada, for the resumption by the United States of underground nuclear on the Judiciary at 9:30 a.m., on Tues- was ordered to lie on the table. day, September 16, 2003, in SR–325, Rus- SA 1655. Mrs. FEINSTEIN (for herself, Mr. weapons tests from the current readiness of posture of 24 months to 36 months to a new sell Senate Office Building, to conduct KENNEDY, Mr. REED, Mr. LAUTENBERG, Mr. readiness posture of 18 months or any other WYDEN, Mr. FEINGOLD, and Mrs. BOXER) pro- a joint hearing on Ensuring the Con- posed an amendment to the bill H.R. 2754, readiness posture of less than 24 months. tinuity of the United States Govern- (c) PROHIBITION ON USE OF FUNDS FOR SITE making appropriations for energy and water ment: The Presidency. SELECTION OF MODERN PIT FACILITY.—None development for the fiscal year ending Sep- of the funds appropriated or otherwise made For further information concerning tember 30, 2004, and for other purposes. available by this Act for the Department of this meeting, please contact Susan SA 1656. Mrs. FEINSTEIN submitted an Energy may be obligated or expended for the Wells at 202–224–6352. amendment intended to be proposed by her purpose of site selection of the Modern Pit f to the bill H.R. 2754, supra; which was or- Facility. dered to lie on the table. (d) REDUCTION OF PUBLIC DEBT.—Of the SA 1657. Mr. KOHL submitted an amend- AUTHORITY FOR COMMITTEES TO amount appropriated by this Act, $21,000,000 MEET ment intended to be proposed by him to the shall not be obligated or expended, but shall bill H.R. 2754, supra; which was ordered to lie be utilized instead solely for purposes of the COMMITTEE ON GOVERNMENTAL AFFAIRS’ SUB- on the table. reduction of the public debt. COMMITTEE ON FINANCIAL MANAGEMENT, THE SA 1658. Mr. BINGAMAN submitted an BUDGET, AND INERNATIONAL SECURITY amendment intended to be proposed by him SA 1656. Mrs. FEINSTEIN submitted Mr. MCCONNELL. Mr. President, I to the bill H.R. 2754, supra; which was or- an amendment intended to be proposed dered to lie on the table. ask unanimous consent that the Com- by her to the bill H.R. 2754, making ap- mittee on Governmental Affairs’ Sub- f propriations for energy and water de- committee on Financial Management, TEXT OF AMENDMENTS velopment for the fiscal year ending the Budget, and International Security September 30, 2004, and for other pur- SA 1654. Mr. BINGAMAN submitted be authorized to meet on Monday, Sep- poses; which was ordered to lie on the tember 15, at 2:30 p.m., for a hearing ti- an amendment intended to be proposed table; as follows: by him to the bill H.R. 2691, making ap- tled, ‘‘Safeguarding America’s Retire- On page 31, between lines 7 and 8, insert ment Security: An Examination of De- propriations for the Department of the the following: Interior and related agencies for the SEC. 117. Section 219(f) of the Water Re- fined Benefit Pension Plans and the fiscal year ending September 30, 2004, sources Development Act of 1992 (Public Law Pension Benefits Guaranty Corpora- and for other purposes; which was or- 102–580; 106 Stat. 4835), as amended by section tion.’’ dered to lie on the table; as follows: 502(b) of the Water Resources Development The PRESIDING OFFICER. Without Act of 1999 (Public Law 106–53; 113 Stat. 335) objection, it is so ordered. At the appropriate place, insert the fol- and section 108(d) of title I of division B of lowing: the Miscellaneous Appropriations Act, 2001 f SEC. . None of the funds appropriated or (as enacted by Public law 106–554; 114 Stat. DEPARTMENTS OF LABOR, otherwise made available by this or any 2763A–220), is further amended by adding at other Act, previously or hereafter enacted, the end the following: HEALTH AND HUMAN SERVICES, may be used to permit the use of the Na- ‘‘(71) CORONADO, CALIFORNIA.—$10,000,000 for AND EDUCATION, AND RELATED tional Mall for a special event, unless the wastewater infrastructure, Coronado, Cali- AGENCIES APPROPRIATIONS permit expressly prohibits the erection, fornia.’’. ACT, 2004 placement, or use of structures and signs bearing commercial advertising or sponsor SA 1657. Mr. KOHL submitted an On Wednesday, September 10, 2003, recognition in any form. For purposes of this amendment intended to be proposed by the Senate passed H.R. 2660, as follows: section, the term ‘‘special event’’ shall have him to the bill H.R. 2754, making ap- H.R. 2660 the meaning given to it by section propriations for energy and water de- Resolved, That the bill from the House of 7.96(g)(1)(ii) of title 36, Code of Federal Regu- Representatives (H.R. 2660) entitled ‘‘An Act lations; and the term ‘‘structure’’ shall have velopment for the fiscal year ending September 30, 2004, and for other pur- making appropriations for the Departments the meaning given to it by section of Labor, Health and Human Services, and 7.96(g)(5)(x)(A)(4) of title 36, Code of Federal poses; which was ordered to lie on the table; as follows: Education, and related agencies for the fiscal Regulations. This section shall not apply to year ending September 30, 2004, and for other hand-held signs or to the Festival of Amer- On page 42, line 20, after ‘‘expended’’ insert purposes.’’, do pass with the following ican Folklife. the following: ‘‘, of which $5,000,000 shall be amendment: available to pay 100 percent of the costs of a Strike out all after the enacting clause and SA 1655. Mrs. FEINSTEIN (for her- research and development project to dem- insert: onstrate advanced spent nuclear fuel storage self, Mr. KENNEDY, Mr. REED, Mr. LAU- and management technologies, to be carried That the following sums are appropriated, out TENBERG, Mr. WYDEN, Mr. FEINGOLD, out through a cooperative agreement be- of any money in the Treasury not otherwise ap- and Mrs. BOXER) proposed an amend- tween the Secretary of Energy and the propriated, for the Departments of Labor, ment to the bill H.R. 2754, making ap- Dairyland Power Cooperative at the La Health and Human Services, and Education, propriations for energy and water de- Crosse Boiling Water Reactor in the State of and related agencies for the fiscal year ending velopment for the fiscal year ending Wisconsin’’. September 30, 2004, and for other purposes, September 30, 2004, and for other pur- namely: Mr. BINGAMAN submitted poses; as follows: SA 1658. TITLE I—DEPARTMENT OF LABOR an amendment intended to be proposed EMPLOYMENT AND TRAINING ADMINISTRATION After section 503, insert the following: by him to the bill H.R. 2754, making ap- SEC. 504. (a) REDUCTION IN AMOUNT AVAIL- TRAINING AND EMPLOYMENT SERVICES propriations for energy and water de- ABLE FOR NATIONAL NUCLEAR SECURITY AD- For necessary expenses of the Workforce In- MINISTRATION.—The amount appropriated by velopment for the fiscal year ending vestment Act of 1998, including the purchase title III of this Act under the heading September 30, 2004, and for other pur- and hire of passenger motor vehicles, the con- ‘‘ATOMIC ENERGY DEFENSE ACTIVI- poses; which was ordered to lie on the struction, alteration, and repair of buildings TIES’’ under the heading ‘‘NATIONAL NU- table; as follows: and other facilities, and the purchase of real

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11486 CONGRESSIONAL RECORD — SENATE September 15, 2003 property for training centers as authorized by 2, title II of the Trade Act of 1974 (including the Trust Fund in the current fiscal year, such sums the Workforce Investment Act of 1998; benefits and services described under sections as may be necessary. $2,652,588,000 plus reimbursements, of which 123(c)(2) and 151(b) and (c) of the Trade Adjust- PROGRAM ADMINISTRATION $1,631,407,000 is available for obligation for the ment Assistance Reform Act of 2002, Public Law For expenses of administering employment period July 1, 2004 through June 30, 2005; of 107–210), $1,338,200,000, together with such and training programs, $115,824,000, including which $1,000,965,000 is available for obligation amounts as may be necessary to be charged to $2,393,000 to administer welfare-to-work grants, for the period April 1, 2004 through June 30, the subsequent appropriation for payments for together with not to exceed $63,137,000, which 2005, to carry out chapter 4 of the Workforce In- any period subsequent to September 15 of the may be expended from the Employment Security vestment Act of 1998; and of which $20,216,000 is current year. Administration Account in the Unemployment available for the period July 1, 2004 through STATE UNEMPLOYMENT INSURANCE AND Trust Fund. June 30, 2007 for necessary expenses of construc- EMPLOYMENT SERVICE OPERATIONS EMPLOYEE BENEFITS SECURITY ADMINISTRATION tion, rehabilitation, and acquisition of Job For authorized administrative expenses, SALARIES AND EXPENSES Corps centers: Provided, That notwithstanding $142,520,000, together with not to exceed For necessary expenses for the Employee Ben- any other provision of law, of the funds pro- $3,478,032,000 (including not to exceed $1,228,000 efits Security Administration, $121,316,000. vided herein under section 137(c) of the Work- which may be used for amortization payments to PENSION BENEFIT GUARANTY CORPORATION force Investment Act of 1998, $276,608,000 shall States which had independent retirement plans PENSION BENEFIT GUARANTY CORPORATION FUND be for activities described in section 132(a)(2)(A) in their State employment service agencies prior The Pension Benefit Guaranty Corporation is of such Act and $1,155,152,000 shall be for activi- to 1980), which may be expended from the Em- authorized to make such expenditures, includ- ties described in section 132(a)(2)(B) of such Act: ployment Security Administration Account in ing financial assistance authorized by section Provided further, That $9,039,000 shall be for the Unemployment Trust Fund including the 104 of Public Law 96–364, within limits of funds carrying out section 172 of the Workforce Invest- cost of administering section 51 of the Internal and borrowing authority available to such Cor- ment Act of 1998: Provided further, That, not- Revenue Code of 1986, as amended, section 7(d) poration, and in accord with law, and to make withstanding any other provision of law or re- of the Wagner-Peyser Act, as amended, the such contracts and commitments without regard lated regulation, $77,330,000 shall be for car- Trade Act of 1974, as amended, the Immigration to fiscal year limitations as provided by section rying out section 167 of the Workforce Invest- Act of 1990, and the Immigration and Nation- 104 of the Government Corporation Control Act, ment Act of 1998, including $72,213,000 for for- ality Act, as amended, and of which the sums as amended (31 U.S.C. 9104), as may be nec- mula grants, $4,610,000 for migrant and seasonal available in the allocation for activities author- essary in carrying out the program, including housing, and $507,000 for other discretionary ized by title III of the Social Security Act, as associated administrative expenses, through purposes: Provided further, That $4,609,840 ap- amended (42 U.S.C. 502–504), and the sums September 30, 2004 for such Corporation: Pro- propriated under this heading in Public Law available in the allocation for necessary admin- vided, That none of the funds available to the 108–7 for migrant and seasonal housing under istrative expenses for carrying out 5 U.S.C. 8501– Corporation for fiscal year 2004 shall be avail- section 167 of the Workforce Investment Act of 8523, shall be available for obligation by the able for obligations for administrative expenses 1998 and available for obligation for the period States through December 31, 2004, except that in excess of $228,772,000: Provided further, That July 1, 2003 through June 30, 2004 is hereby re- funds used for automation acquisitions shall be obligations in excess of such amount may be in- scinded: Provided further, That $4,609,840 is available for obligation by the States through curred after approval by the Office of Manage- available for obligation for the period July 1, September 30, 2006; of which $142,520,000, to- ment and Budget and the Committees on Appro- 2003 through June 30, 2004, for farmworker gether with not to exceed $768,257,000 of the priations of the House and Senate. housing organizations with grants expiring June amount which may be expended from said trust 30, 2003 to carry out migrant and seasonal hous- fund, shall be available for obligation for the EMPLOYMENT STANDARDS ADMINISTRATION ing activities, including permanent housing at period July 1, 2004 through June 30, 2005, to SALARIES AND EXPENSES the option of grantees, under section 167 of the fund activities under the Act of June 6, 1933, as For necessary expenses for the Employment Workforce Investment Act of 1998: Provided fur- amended, including the cost of penalty mail au- Standards Administration, including reimburse- ther, That funds provided to carry out section thorized under 39 U.S.C. 3202(a)(1)(E) made ment to State, Federal, and local agencies and 171(d) of the Workforce Investment Act of 1998 available to States in lieu of allotments for such their employees for inspection services rendered, may be used for demonstration projects that pro- purpose: Provided, That to the extent that the $390,045,000, together with $2,016,000 which may vide assistance to new entrants in the workforce Average Weekly Insured Unemployment (AWIU) be expended from the Special Fund in accord- and incumbent workers: Provided further, That for fiscal year 2004 is projected by the Depart- ance with sections 39(c), 44(d) and 44(j) of the no funds from any other appropriation shall be ment of Labor to exceed 3,227,000, an additional Longshore and Harbor Workers’ Compensation used to provide meal services at or for Job Corps $28,600,000 shall be available for obligation for Act: Provided, That $2,000,000 shall be for the centers. every 100,000 increase in the AWIU level (in- development of an alternative system for the For necessary expenses of the Workforce In- cluding a pro rata amount for any increment electronic submission of reports required to be vestment Act of 1998, including the purchase less than 100,000) from the Employment Security filed under the Labor-Management Reporting and hire of passenger motor vehicles, the con- Administration Account of the Unemployment and Disclosure Act of 1959, as amended, and for struction, alteration, and repair of buildings Trust Fund: Provided further, That funds ap- a computer database of the information for each and other facilities, and the purchase of real propriated in this Act which are used to estab- submission by whatever means, that is indexed property for training centers as authorized by lish a national one-stop career center system, or and easily searchable by the public via the the Workforce Investment Act of 1998; which are used to support the national activities Internet: Provided further, That the Secretary $2,463,000,000 plus reimbursements, of which of the Federal-State unemployment insurance of Labor is authorized to accept, retain, and $2,363,000,000 is available for obligation for the programs, may be obligated in contracts, grants spend, until expended, in the name of the De- period October 1, 2004 through June 30, 2005, or agreements with non-State entities: Provided partment of Labor, all sums of money ordered to and of which $100,000,000 is available for the pe- further, That funds appropriated under this Act be paid to the Secretary of Labor, in accordance riod October 1, 2004 through June 30, 2007, for for activities authorized under the Wagner- with the terms of the Consent Judgment in Civil necessary expenses of construction, rehabilita- Peyser Act, as amended, and title III of the So- Action No. 91–0027 of the United States District tion, and acquisition of Job Corps centers. cial Security Act, may be used by the States to Court for the District of the Northern Mariana For necessary expenses of the Workforce In- fund integrated Employment Service and Unem- Islands (May 21, 1992): Provided further, That vestment Act of 1998, including the purchase ployment Insurance automation efforts, not- the Secretary of Labor is authorized to establish and hire of passenger motor vehicles, the con- withstanding cost allocation principles pre- and, in accordance with 31 U.S.C. 3302, collect struction, alteration, and repair of buildings scribed under Office of Management and Budget and deposit in the Treasury fees for processing and other facilities, and the purchase of real Circular A–87. applications and issuing certificates under sec- property for training centers as authorized by ADVANCES TO THE UNEMPLOYMENT TRUST FUND tions 11(d) and 14 of the Fair Labor Standards the Workforce Investment Act of 1998, AND OTHER FUNDS Act of 1938, as amended (29 U.S.C. 211(d) and $25,000,000 may be used to carry out activities For repayable advances to the Unemployment 214) and for processing applications and issuing described in section 132(a)(2)(B) of that Act (re- Trust Fund as authorized by sections 905(d) and registrations under title I of the Migrant and lating to dislocated worker employment and 1203 of the Social Security Act, as amended, and Seasonal Agricultural Worker Protection Act (29 training activities and other activities for dis- to the Black Lung Disability Trust Fund as au- U.S.C. 1801 et seq.). located workers). thorized by section 9501(c)(1) of the Internal SPECIAL BENEFITS COMMUNITY SERVICE EMPLOYMENT FOR OLDER Revenue Code of 1954, as amended; and for non- (INCLUDING TRANSFER OF FUNDS) AMERICANS repayable advances to the Unemployment Trust For the payment of compensation, benefits, To carry out title V of the Older Americans Fund as authorized by section 8509 of title 5, and expenses (except administrative expenses) Act of 1965, as amended, $442,306,000. United States Code, and to the ‘‘Federal unem- accruing during the current or any prior fiscal FEDERAL UNEMPLOYMENT BENEFITS AND ployment benefits and allowances’’ account, to year authorized by title 5, chapter 81 of the ALLOWANCES remain available until September 30, 2005, United States Code; continuation of benefits as For payments during the current fiscal year of $467,000,000. provided for under the heading ‘‘Civilian War trade adjustment benefit payments and allow- In addition, for making repayable advances to Benefits’’ in the Federal Security Agency Ap- ances under part I; and for training, allowances the Black Lung Disability Trust Fund in the propriation Act, 1947; the Employees’ Compensa- for job search and relocation, and related State current fiscal year after September 15, 2004, for tion Commission Appropriation Act, 1944; sec- administrative expenses under part II of chapter costs incurred by the Black Lung Disability tions 4(c) and 5(f) of the War Claims Act of 1948

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11487 (50 U.S.C. App. 2012); and 50 percent of the ad- the Internal Revenue Code of 1954, as amended; employees, and to take any action pursuant to ditional compensation and benefits required by and interest on advances, as authorized by sec- such investigation authorized by such Act; and section 10(h) of the Longshore and Harbor tion 9501(c)(2) of that Act. In addition, the fol- (6) to take any action authorized by such Act Workers’ Compensation Act, as amended, lowing amounts shall be available from the with respect to complaints of discrimination $163,000,000, together with such amounts as may Fund for fiscal year 2004 for expenses of oper- against employees for exercising rights under be necessary to be charged to the subsequent ation and administration of the Black Lung such Act: year appropriation for the payment of com- Benefits program, as authorized by section Provided further, That the foregoing proviso pensation and other benefits for any period sub- 9501(d)(5): $32,004,000 for transfer to the Em- shall not apply to any person who is engaged in sequent to August 15 of the current year: Pro- ployment Standards Administration, ‘‘Salaries a farming operation which does not maintain a vided, That amounts appropriated may be used and Expenses’’; $23,401,000 for transfer to De- temporary labor camp and employs 10 or fewer under section 8104 of title 5, United States Code, partmental Management, ‘‘Salaries and Ex- employees: Provided further, That not less than by the Secretary of Labor to reimburse an em- penses’’; $338,000 for transfer to Departmental $3,200,000 shall be used to extend funding for ployer, who is not the employer at the time of Management, ‘‘Office of Inspector General’’; the Institutional Competency Building training injury, for portions of the salary of a reem- and $356,000 for payments into miscellaneous re- grants which commenced in September 2000, for ployed, disabled beneficiary: Provided further, ceipts for the expenses of the Department of the program activities for the period of September That balances of reimbursements unobligated on Treasury. 30, 2003 to September 30, 2004, provided that a grantee has demonstrated satisfactory perform- September 30, 2003, shall remain available until OCCUPATIONAL SAFETY AND HEALTH ance. expended for the payment of compensation, ben- ADMINISTRATION efits, and expenses: Provided further, That in MINE SAFETY AND HEALTH ADMINISTRATION SALARIES AND EXPENSES addition there shall be transferred to this appro- For necessary expenses for the Occupational SALARIES AND EXPENSES priation from the Postal Service and from any Safety and Health Administration, $463,324,000, For necessary expenses for the Mine Safety other corporation or instrumentality required including not to exceed $93,263,000 which shall and Health Administration, $270,711,000, includ- under section 8147(c) of title 5, United States be the maximum amount available for grants to ing purchase and bestowal of certificates and Code, to pay an amount for its fair share of the States under section 23(g) of the Occupational trophies in connection with mine rescue and cost of administration, such sums as the Sec- Safety and Health Act (the ‘‘Act’’), which first-aid work, and the hire of passenger motor retary determines to be the cost of administra- grants shall be no less than 50 percent of the vehicles; including up to $2,000,000 for mine res- tion for employees of such fair share entities costs of State occupational safety and health cue and recovery activities; in addition, not to through September 30, 2004: Provided further, programs required to be incurred under plans exceed $750,000 may be collected by the National That of those funds transferred to this account approved by the Secretary under section 18 of Mine Health and Safety Academy for room, from the fair share entities to pay the cost of ad- the Act; and, in addition, notwithstanding 31 board, tuition, and the sale of training mate- ministration of the Federal Employees’ Com- U.S.C. 3302, the Occupational Safety and rials, otherwise authorized by law to be col- pensation Act, $39,315,000 shall be made avail- Health Administration may retain up to $750,000 lected, to be available for mine safety and able to the Secretary as follows: (1) for enhance- per fiscal year of training institute course tui- health education and training activities, not- ment and maintenance of automated data proc- tion fees, otherwise authorized by law to be col- withstanding 31 U.S.C. 3302; and, in addition, essing systems and telecommunications systems, lected, and may utilize such sums for occupa- the Mine Safety and Health Administration may $11,618,000; (2) for automated workload proc- tional safety and health training and education retain up to $1,000,000 from fees collected for the essing operations, including document imaging, grants: Provided, That, notwithstanding 31 approval and certification of equipment, mate- centralized mail intake and medical bill proc- U.S.C. 3302, the Secretary of Labor is author- rials, and explosives for use in mines, and may essing, $14,496,000; (3) for periodic roll manage- ized, during the fiscal year ending September 30, utilize such sums for such activities; the Sec- ment and medical review, $13,201,000; and (4) 2004, to collect and retain fees for services pro- retary is authorized to accept lands, buildings, the remaining funds shall be paid into the vided to Nationally Recognized Testing Labora- equipment, and other contributions from public Treasury as miscellaneous receipts: Provided tories, and may utilize such sums, in accordance and private sources and to prosecute projects in further, That the Secretary may require that with the provisions of 29 U.S.C. 9a, to admin- cooperation with other agencies, Federal, State, any person filing a notice of injury or a claim ister national and international laboratory rec- or private; the Mine Safety and Health Adminis- for benefits under chapter 81 of title 5, United ognition programs that ensure the safety of tration is authorized to promote health and States Code, or 33 U.S.C. 901 et seq., provide as equipment and products used by workers in the safety education and training in the mining part of such notice and claim, such identifying workplace: Provided further, That none of the community through cooperative programs with information (including Social Security account funds appropriated under this paragraph shall States, industry, and safety associations; and number) as such regulations may prescribe. be obligated or expended to prescribe, issue, ad- any funds available to the department may be SPECIAL BENEFITS FOR DISABLED COAL MINERS minister, or enforce any standard, rule, regula- used, with the approval of the Secretary, to pro- For carrying out title IV of the Federal Mine tion, or order under the Act which is applicable vide for the costs of mine rescue and survival Safety and Health Act of 1977, as amended by to any person who is engaged in a farming oper- operations in the event of a major disaster. Public Law 107–275, (the ‘‘Act’’), $300,000,000, to ation which does not maintain a temporary BUREAU OF LABOR STATISTICS remain available until expended. labor camp and employs 10 or fewer employees: SALARIES AND EXPENSES For making after July 31 of the current fiscal Provided further, That no funds appropriated For necessary expenses for the Bureau of year, benefit payment to individuals under title under this paragraph shall be obligated or ex- Labor Statistics, including advances or reim- IV of the Act, for costs incurred in the current pended to administer or enforce any standard, bursements to State, Federal, and local agencies fiscal year, such amounts as may be necessary. rule, regulation, or order under the Act with re- and their employees for services rendered, For making benefit payments under title IV of spect to any employer of 10 or fewer employees $445,113,000, together with not to exceed the first quarter of fiscal year 2005, $88,000,000, who is included within a category having an oc- $75,110,000, which may be expended from the to remain available until expended. cupational injury lost workday case rate, at the Employment Security Administration Account in ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES most precise Standard Industrial Classification the Unemployment Trust Fund, of which OCCUPATIONAL ILLNESS COMPENSATION FUND Code for which such data are published, less $5,000,000 may be used to fund the mass layoff (INCLUDING TRANSFER OF FUNDS) than the national average rate as such rates are statistics program under section 15 of the Wag- For necessary expenses to administer the En- most recently published by the Secretary, acting ner-Peyser Act (29 U.S.C. 49l–2). ergy Employees Occupational Illness Compensa- through the Bureau of Labor Statistics, in ac- OFFICE OF DISABILITY EMPLOYMENT POLICY tion Act, $55,074,000, to remain available until cordance with section 24 of that Act (29 U.S.C. SALARIES AND EXPENSES expended: Provided, That the Secretary of 673), except— For necessary expenses for the Office of Dis- (1) to provide, as authorized by such Act, con- Labor is authorized to transfer to any executive ability Employment Policy to provide leadership, sultation, technical assistance, educational and agency with authority under the Energy Em- develop policy and initiatives, and award grants training services, and to conduct surveys and ployees Occupational Illness Compensation Act, furthering the objective of eliminating barriers studies; including within the Department of Labor, such to the training and employment of people with (2) to conduct an inspection or investigation sums as may be necessary in fiscal year 2004 to disabilities, $47,333,000. in response to an employee complaint, to issue a carry out those authorities: Provided further, DEPARTMENTAL MANAGEMENT That the Secretary may require that any person citation for violations found during such inspec- SALARIES AND EXPENSES filing a claim for benefits under the Act provide tion, and to assess a penalty for violations For necessary expenses for Departmental as part of such claim, such identifying informa- which are not corrected within a reasonable Management, including the hire of three sedans, tion (including Social Security account number) abatement period and for any willful violations and including the management or operation, as may be prescribed. found; (3) to take any action authorized by such Act through contracts, grants or other arrangements BLACK LUNG DISABILITY TRUST FUND with respect to imminent dangers; of Departmental activities conducted by or (INCLUDING TRANSFER OF FUNDS) (4) to take any action authorized by such Act through the Bureau of International Labor Af- Beginning in fiscal year 2004 and thereafter, with respect to health hazards; fairs, including bilateral and multilateral tech- such sums as may be necessary from the Black (5) to take any action authorized by such Act nical assistance and other international labor Lung Disability Trust Fund, to remain available with respect to a report of an employment acci- activities, and $48,565,000, for the acquisition of until expended, for payment of all benefits au- dent which is fatal to one or more employees or Departmental information technology, architec- thorized by section 9501(d)(1), (2), (4), and (7) of which results in hospitalization of two or more ture, infrastructure, equipment, software and

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11488 CONGRESSIONAL RECORD — SENATE September 15, 2003 related needs which will be allocated by the De- hardware and software infrastructure and the scheme, the Secretary of Labor shall re-propose partment’s Chief Information Officer in accord- costs associated with implementation thereof, a rule on respirable coal dust which incor- ance with the Department’s capital investment $9,700,000. porates the use of Personal Dust Monitors, and, management process to assure a sound invest- GENERAL PROVISIONS if such rule is re-proposed, the Secretary shall ment strategy; $351,295,000; together with not to comply with the regular procedures applicable SEC. 101. None of the funds appropriated in to Federal rulemaking. exceed $314,000, which may be expended from this title for the Job Corps shall be used to pay the Employment Security Administration Ac- This title may be cited as the ‘‘Department of the compensation of an individual, either as di- Labor Appropriations Act, 2004’’. count in the Unemployment Trust Fund: Pro- rect costs or any proration as an indirect cost, vided, That no funds made available by this Act at a rate in excess of Executive Level II. TITLE II—DEPARTMENT OF HEALTH AND may be used by the Solicitor of Labor to partici- HUMAN SERVICES (TRANSFER OF FUNDS) pate in a review in any United States court of HEALTH RESOURCES AND SERVICES SEC. 102. Not to exceed 1 percent of any discre- appeals of any decision made by the Benefits ADMINISTRATION tionary funds (pursuant to the Balanced Budget Review Board under section 21 of the Longshore HEALTH RESOURCES AND SERVICES and Harbor Workers’ Compensation Act (33 and Emergency Deficit Control Act of 1985, as amended) which are appropriated for the cur- For carrying out titles II, III, IV, VII, VIII, U.S.C. 921) where such participation is pre- X, XII, XIX, and XXVI of the Public Health cluded by the decision of the United States Su- rent fiscal year for the Department of Labor in this Act may be transferred between appropria- Service Act, section 427(a) of the Federal Coal preme Court in Director, Office of Workers’ Mine Health and Safety Act, title V (including Compensation Programs v. Newport News Ship- tions, but no such appropriation shall be increased by more than 3 percent by any such section 510), and sections 1128E and 1820 of the building, 115 S. Ct. 1278 (1995), notwithstanding Social Security Act, the Health Care Quality any provisions to the contrary contained in transfer: Provided, That the Appropriations Committees of both Houses of Congress are noti- Improvement Act of 1986, as amended, the Na- Rule 15 of the Federal Rules of Appellate Proce- tive Hawaiian Health Care Act of 1988, as dure: Provided further, That no funds made fied at least 15 days in advance of any transfer. SEC. 103. In accordance with Executive Order amended, the Cardiac Arrest Survival Act of available by this Act may be used by the Sec- No. 13126, none of the funds appropriated or 2000, and the Poison Control Center Enhance- retary of Labor to review a decision under the otherwise made available pursuant to this Act ment and Awareness Act, $5,881,322,000, of Longshore and Harbor Workers’ Compensation shall be obligated or expended for the procure- which $39,740,000 from general revenues, not- Act (33 U.S.C. 901 et seq.) that has been ap- ment of goods mined, produced, manufactured, withstanding section 1820(j) of the Social Secu- pealed and that has been pending before the or harvested or services rendered, whole or in rity Act, shall be available for carrying out the Benefits Review Board for more than 12 months: part, by forced or indentured child labor in in- Medicare rural hospital flexibility grants pro- Provided further, That any such decision pend- dustries and host countries already identified by gram under section 1820 of such Act: Provided, ing a review by the Benefits Review Board for the United States Department of Labor prior to That of the funds made available under this more than 1 year shall be considered affirmed by enactment of this Act. heading, $250,000 shall be available until ex- the Benefits Review Board on the 1-year anni- SEC. 104. There is authorized to be appro- pended for facilities renovations at the Gillis W. versary of the filing of the appeal, and shall be priated such sums as may be necessary to the Long Hansen’s Disease Center: Provided fur- considered the final order of the Board for pur- Denali Commission through the Department of ther, That in addition to fees authorized by sec- poses of obtaining a review in the United States Labor to conduct job training of the local work- tion 427(b) of the Health Care Quality Improve- courts of appeals: Provided further, That these force where Denali Commission projects will be ment Act of 1986, fees shall be collected for the provisions shall not be applicable to the review constructed. full disclosure of information under the Act suf- or appeal of any decision issued under the SEC. 105. Of the funds appropriated for fiscal ficient to recover the full costs of operating the Black Lung Benefits Act (30 U.S.C. 901 et seq.): year 1999 under section 403(a)(5)(H)(i)(II) of the National Practitioner Data Bank, and shall re- Provided further, That of this amount, suffi- Social Security Act (42 U.S.C. 603(a)(5)(H)(i)(II)) main available until expended to carry out that cient funds shall be available for the Secretary that were allotted as welfare to work formula Act: Provided further, That fees collected for the of Labor, not later than 60 days after the last grants to the States under section 403(a)(5)(A) of full disclosure of information under the ‘‘Health day of the fiscal year, may submit to Congress such Act (42 U.S.C. 603(a)(5)(A)), $210,833,000 is Care Fraud and Abuse Data Collection Pro- a report on the amount of acquisitions made by hereby rescinded. In order to carry out this sec- gram’’, authorized by section 1128E(d)(2) of the the Department of Labor during such fiscal year tion, the Secretary of Labor shall recapture un- Social Security Act, shall be sufficient to recover of articles, materials, or supplies that were man- expended funds from the States that have re- the full costs of operating the program, and ufactured outside the United States. Such report ceived such allotments based on the relative shall remain available until expended to carry shall separately indicate the dollar value of any amount of funds from such allotments that re- out that Act: Provided further, that no more articles, materials, or supplies purchased by the main unexpended in each State as compared to than $10,000,000 is available for carrying out the Department of Labor that were manufactured the total amount of funds from such allotments provisions of U.S.C. Title 42 Section 233(o) in- outside the United States, an itemized list of all that remain unexpended in all States as of Sep- cluding associated administrative expenses: Pro- waivers under the Buy American Act (41 U.S.C. tember 30, 2003. The Secretary of Labor is au- vided further, That $10,000,000 is to establish a 10a et seq.) that were granted with respect to thorized to establish such procedures as the Sec- National Cord Blood Stem Cell Bank Program: such articles, materials, or supplies, and a sum- retary determines are appropriate to carry out Provided further, That no more than $45,000,000 mary of total procurement funds spent on goods this section. is available for carrying out the provisions of manufactured in the United States versus funds SEC. 106. None of the funds provided under Public Law 104–73: Provided further, That of spent on goods manufactured outside of the this Act shall be used to promulgate or imple- the funds made available under this heading, United States. The Secretary of Labor shall ment any regulation that exempts from the re- $283,350,000 shall be for the program under title make the report publicly available by posting quirements of section 7 of the Fair Labor Stand- X of the Public Health Service Act to provide for the report on an Internet website. ards Act of 1938 (29 U.S.C. 207) any employee voluntary family planning projects: Provided VETERANS EMPLOYMENT AND TRAINING who is not otherwise exempted pursuant to reg- further, That amounts provided to said projects Not to exceed $193,443,000 may be derived from ulations under section 13 of such Act (29 U.S.C. under such title shall not be expended for abor- the Employment Security Administration Ac- 213) that were in effect as of September 3, 2003. tions, that all pregnancy counseling shall be count in the Unemployment Trust Fund to carry SEC. 107. The Department of Labor may cease nondirective, and that such amounts shall not out the provisions of 38 U.S.C. 4100–4012, 4211– the implementation of closing procedures for the be expended for any activity (including the pub- 4215, and 4321–4327, and Public Law 103–353, Department of Labor Employment and Training lication or distribution of literature) that in any and which shall be available for obligation by Administration regional office in New York way tends to promote public support or opposi- the States through December 31, 2004, of which City, New York, and the Employment and tion to any legislative proposal or candidate for $2,000,000 is for the National Veterans’ Employ- Training Administration affiliate offices in Se- public office: Provided further, That $739,000,000 ment and Training Services Institute. To carry attle, Washington, Kansas City, Missouri, and shall be for State AIDS Drug Assistance Pro- out the Homeless Veterans Reintegration Pro- Denver, Colorado until September 30, 2004. grams authorized by section 2616 of the Public grams (38 U.S.C. 2021) and the Veterans Work- SEC. 108. (a) FINDINGS.—Congress finds that— Health Service Act: Provided further, That in force Investment Programs (29 U.S.C. 2913), (1) it is projected that the Department of addition to amounts provided herein, $25,000,000 $26,550,000, of which $7,550,000 shall be avail- Labor, in conjunction with labor, industry, and shall be available from amounts available under able for obligation for the period July 1, 2004 the National Institute for Occupational Safety section 241 of the Public Health Service Act to through June 30, 2005. and Health, will be undertaking several months carry out Parts A, B, C, and D of title XXVI of OFFICE OF INSPECTOR GENERAL of testing on Personal Dust Monitor production the Public Health Service Act to fund section For salaries and expenses of the Office of In- prototypes; and 2691 Special Projects of National Significance: spector General in carrying out the provisions of (2) the testing of Personal Dust Monitor pro- Provided further, That notwithstanding section the Inspector General Act of 1978, as amended, totypes is set to begin (by late May or early 502(a)(1) of the Social Security Act, not to ex- $59,291,000, together with not to exceed June of 2004) following the scheduled delivery of ceed $116,381,000 is available for carrying out $5,561,000, which may be expended from the Em- the Personal Dust Monitors in May 2004. special projects of regional and national signifi- ployment Security Administration Account in (b) RE-PROPOSAL OF RULE.—Following the cance pursuant to section 501(a)(2) of such Act: the Unemployment Trust Fund. successful demonstration of Personal Dust Mon- Provided further, That $73,044,000 is available WORKING CAPITAL FUND itor technology, and if the Secretary of Labor for special projects of regional and national sig- For the acquisition of a new core accounting makes a determination that Personal Dust Mon- nificance under section 501(a)(2) of the Social system for the Department of Labor, including itors can be effectively applied in a regulatory Security Act, which shall not be counted toward

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11489 compliance with the allocation required in sec- the Centers for Disease Control and Prevention child health and human development, tion 502(a)(1) of such Act, and which shall be may be used, in whole or in part, to advocate or $1,251,185,000. used only for making competitive grants to pro- promote gun control: Provided further, That in NATIONAL EYE INSTITUTE vide abstinence education (as defined in section addition to amounts provided herein, $28,600,000 For carrying out section 301 and title IV of 510(b)(2) of such Act) to adolescents and for shall be available from amounts available under the Public Health Service Act with respect to eye evaluations (including longitudinal evaluations) section 241 of the Public Health Service Act to diseases and visual disorders, $657,199,000. of activities under the grants and for Federal carry out information systems standards devel- NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH costs of administering the grants: Provided fur- opment and architecture and applications-based SCIENCES ther, That grants under the immediately pre- research used at local public health levels: Pro- For carrying out sections 301 and 311 and title ceding proviso shall be made only to public and vided further, That in addition to amounts pro- IV of the Public Health Service Act with respect private entities which agree that, with respect to vided herein, $41,900,000 shall be available from to environmental health sciences, $637,074,000. an adolescent to whom the entities provide ab- amounts available under section 241 of the Pub- NATIONAL INSTITUTE ON AGING stinence education under such grant, the enti- lic Health Service Act to carry out Research ties will not provide to that adolescent any Tools and Approaches activities within the Na- For carrying out section 301 and title IV of other education regarding sexual conduct, ex- tional Occupational Research Agenda: Provided the Public Health Service Act with respect to cept that, in the case of an entity expressly re- further, That the Director may redirect the total aging, $1,031,411,000. quired by law to provide health information or amount made available under authority of Pub- NATIONAL INSTITUTE OF ARTHRITIS AND services the adolescent shall not be precluded lic Law 101–502, section 3, dated November 3, MUSCULOSKELETAL AND SKIN DISEASES from seeking health information or services from 1990, to activities the Director may so designate: For carrying out section 301 and title IV of the entity in a different setting than the setting Provided further, That the Congress is to be no- the Public Health Service Act with respect to ar- in which the abstinence education was pro- tified promptly of any such transfer: Provided thritis and musculoskeletal and skin diseases, vided: Provided further, That the funds ex- further, That not to exceed $12,500,000 may be $505,000,000. pended for such evaluations may not exceed 3.5 available for making grants under section 1509 NATIONAL INSTITUTE ON DEAFNESS AND OTHER percent of such amount: Provided further, That of the Public Health Service Act to not more COMMUNICATION DISORDERS up to $1,000,000 may be made available to carry than 15 States: Provided further, That without For carrying out section 301 and title IV of out the rural emergency medical service training regard to existing statute, funds appropriated the Public Health Service Act with respect to and equipment assistance program under section may be used to proceed, at the discretion of the deafness and other communication disorders, 330J of the Public Health Service Act (42 U.S.C. Centers for Disease Control and Prevention, $384,577,000. 254c–15). with property acquisition, including a long-term NATIONAL INSTITUTE OF NURSING RESEARCH HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ground lease for construction on non-Federal For carrying out section 301 and title IV of ACCOUNT land, to support the construction of a replace- the Public Health Service Act with respect to Such sums as may be necessary to carry out ment laboratory in the Fort Collins, Colorado nursing research, $135,579,000. the purpose of the program, as authorized by area: Provided further, That notwithstanding NATIONAL INSTITUTE ON ALCOHOL ABUSE AND title VII of the Public Health Service Act, as any other provision of law, a single contract or ALCOHOLISM amended. For administrative expenses to carry related contracts for development and construc- For carrying out section 301 and title IV of out the guaranteed loan program, including section of facilities may be employed which collec- the Public Health Service Act with respect to al- tion 709 of the Public Health Service Act, tively include the full scope of the project: Pro- cohol abuse and alcoholism, $431,521,000. $3,389,000. vided further, That the solicitation and contract NATIONAL INSTITUTE ON DRUG ABUSE VACCINE INJURY COMPENSATION PROGRAM TRUST shall contain the clause ‘‘availability of funds’’ FUND found at 48 CFR 52.232–18. For carrying out section 301 and title IV of the Public Health Service Act with respect to For payments from the Vaccine Injury Com- NATIONAL INSTITUTES OF HEALTH pensation Program Trust Fund, such sums as drug abuse, $997,614,000. NATIONAL CANCER INSTITUTE may be necessary for claims associated with vac- NATIONAL INSTITUTE OF MENTAL HEALTH For carrying out section 301 and title IV of cine-related injury or death with respect to vac- For carrying out section 301 and title IV of the Public Health Service Act with respect to cines administered after September 30, 1988, pur- the Public Health Service Act with respect to cancer, $4,770,519,000. suant to subtitle 2 of title XXI of the Public mental health, $1,391,114,000. NATIONAL HEART, LUNG, AND BLOOD INSTITUTE Health Service Act, to remain available until ex- NATIONAL HUMAN GENOME RESEARCH INSTITUTE For carrying out section 301 and title IV of pended: Provided, That for necessary adminis- For carrying out section 301 and title IV of the Public Health Service Act with respect to trative expenses, not to exceed $2,972,000 shall the Public Health Service Act with respect to cardiovascular, lung, and blood diseases, and be available from the Trust Fund to the Sec- human genome research, $482,372,000. blood and blood products, $2,897,595,000. retary of Health and Human Services. NATIONAL INSTITUTE OF BIOMEDICAL IMAGING NATIONAL INSTITUTE OF DENTAL AND CENTERS FOR DISEASE CONTROL AND AND BIOENGINEERING CRANIOFACIAL RESEARCH PREVENTION For carrying out section 301 and title IV of For carrying out section 301 and title IV of DISEASE CONTROL, RESEARCH, AND TRAINING the Public Health Service Act with respect to the Public Health Service Act with respect to To carry out titles II, III, VII, XI, XV, XVII, dental disease, $386,396,000. biomedical imaging and bioengineering research, $289,300,000. XIX, XXI, and XXVI of the Public Health Serv- NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE ice Act, sections 101, 102, 103, 201, 202, 203, 301, AND KIDNEY DISEASES NATIONAL CENTER FOR RESEARCH RESOURCES and 501 of the Federal Mine Safety and Health For carrying out section 301 and title IV of For carrying out section 301 and title IV of Act of 1977, sections 20, 21, and 22 of the Occu- the Public Health Service Act with respect to di- the Public Health Service Act with respect to re- pational Safety and Health Act of 1970, title IV abetes and digestive and kidney disease, search resources and general research support of the Immigration and Nationality Act, and $1,683,007,000. grants, $1,186,483,000: Provided, That none of section 501 of the Refugee Education Assistance NATIONAL INSTITUTE OF NEUROLOGICAL these funds shall be used to pay recipients of Act of 1980; including purchase and insurance DISORDERS AND STROKE the general research support grants program of official motor vehicles in foreign countries; For carrying out section 301 and title IV of any amount for indirect expenses in connection and purchase, hire, maintenance, and operation the Public Health Service Act with respect to with such grants: Provided further, That of aircraft, $4,432,496,000, of which $260,000,000 neurological disorders and stroke, $1,510,926,000. $119,220,000 shall be for extramural facilities shall remain available until expended for equip- construction grants. ment, and construction and renovation of facili- NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES NATIONAL CENTER FOR COMPLEMENTARY AND ties, and of which $232,569,000 for international ALTERNATIVE MEDICINE (INCLUDING TRANSFER OF FUNDS) HIV/AIDS shall remain available until Sep- For carrying out section 301 and title IV of For carrying out section 301 and title IV of tember 30, 2005, including up to $90,000,000, to the Public Health Service Act with respect to the Public Health Service Act with respect to al- remain available until expended for the ‘‘Inter- complementary and alternative medicine, lergy and infectious diseases, $4,335,255,000: national Mother and Child HIV Prevention Ini- $117,902,000. tiative.’’ In addition, such sums as may be de- Provided, That $150,000,000 may be made avail- NATIONAL CENTER ON MINORITY HEALTH AND rived from authorized user fees, which shall be able to International Assistance Programs, HEALTH DISPARITIES credited to this account: Provided, That in addi- ‘‘Global Fund to Fight HIV/AIDS, Malaria, and For carrying out section 301 and title IV of tion to amounts provided herein, $14,000,000 Tuberculosis’’, to remain available until ex- the Public Health Service Act with respect to mi- shall be available from amounts available under pended. nority health and health disparities research, section 241 of the Public Health Service Act to NATIONAL INSTITUTE OF GENERAL MEDICAL $192,824,000. carry out the National Immunization Surveys: SCIENCES Provided further, That in addition to amounts For carrying out section 301 and title IV of JOHN E. FOGARTY INTERNATIONAL CENTER provided herein, $127,634,000 shall be available the Public Health Service Act with respect to For carrying out the activities at the John E. from amounts available under section 241 of the general medical sciences, $1,917,033,000. Fogarty International Center, $65,900,000. Public Health Service Act to carry out the Na- NATIONAL INSTITUTE OF CHILD HEALTH AND NATIONAL LIBRARY OF MEDICINE tional Center for Health Statistics surveys: Pro- HUMAN DEVELOPMENT For carrying out section 301 and title IV of vided further, That none of the funds made For carrying out section 301 and title IV of the Public Health Service Act with respect to available for injury prevention and control at the Public Health Service Act with respect to health information communications,

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11490 CONGRESSIONAL RECORD — SENATE September 15, 2003 $311,835,000, of which $4,000,000 shall be avail- sistance, data collection and program evalua- Human Services is directed to collect fees in fis- able until expended for improvement of information activities, and further that the total avail- cal year 2004 from Medicare∂Choice organization systems: Provided, That in fiscal year 2004, able under this Act for section 1920(b) activities tions pursuant to section 1857(e)(2) of the Social the Library may enter into personal services shall not exceed 5 percent of the amounts appro- Security Act and from eligible organizations contracts for the provision of services in facili- priated for subpart I of Part B of Title XIX: with risk-sharing contracts under section 1876 of ties owned, operated, or constructed under the Provided further, That in addition to amounts that Act pursuant to section 1876(k)(4)(D) of jurisdiction of the National Institutes of Health: provided herein, $16,000,000 shall be made avail- that Act: Provided further, that to the extent Provided further, That in addition to amounts able from amounts available under section 241 of Medicare claims processing unit costs are pro- provided herein, $8,200,000 shall be available the Public Health Service Act to carry out na- jected by the Centers for Medicare & Medicaid from amounts available under section 241 of the tional surveys on drug abuse. Services to exceed $0.87 for Part A claims and/or Public Health Service Act to carry out National AGENCY FOR HEALTHCARE RESEARCH AND $0.65 for Part B claims, up to an additional Information Center on Health Services Research QUALITY $18,000,000 may be available for obligation for and Health Care Technology and related health every $0.04 increase in Medicare claims proc- HEALTHCARE RESEARCH AND QUALITY services. essing unit costs from the Federal Hospital In- For carrying out titles III and IX of the Pub- surance and the Federal Supplementary Med- OFFICE OF THE DIRECTOR lic Health Service Act, and part A of title XI of ical Insurance Trust Funds. The calculation of (INCLUDING TRANSFER OF FUNDS) the Social Security Act, amounts received from projected unit costs shall be derived in the same For carrying out the responsibilities of the Of- Freedom of Information Act fees, reimbursable manner in which the estimated unit costs were fice of the Director, National Institutes of and interagency agreements, and the sale of calculated for the Federal budget estimate for Health, $323,483,000: Provided, That funding data shall be credited to this appropriation and the fiscal year shall be available for the purchase of not to ex- shall remain available until expended: Provided, ceed 29 passenger motor vehicles for replacement That the amount made available pursuant to HEALTH MAINTENANCE ORGANIZATION LOAN AND only: Provided further, That the Director may section 927(c) of the Public Health Service Act LOAN GUARANTEE FUND direct up to 1 percent of the total amount made shall not exceed $303,695,000. For carrying out subsections (d) and (e) of section 1308 of the Public Health Service Act, available in this or any other Act to all National CENTERS FOR MEDICARE AND MEDICAID SERVICES Institutes of Health appropriations to activities any amounts received by the Secretary in con- the Director may so designate: Provided further, GRANTS TO STATES FOR MEDICAID nection with loans and loan guarantees under That no such appropriation shall be decreased For carrying out, except as otherwise pro- title XIII of the Public Health Service Act, to be by more than 1 percent by any such transfers vided, titles XI and XIX of the Social Security available without fiscal year limitation for the and that the Congress is promptly notified of Act, $124,892,197,000, to remain available until payment of outstanding obligations. During fis- the transfer: Provided further, That the Na- expended. cal year 2004, no commitments for direct loans or tional Institutes of Health is authorized to col- For making, after May 31, 2004, payments to loan guarantees shall be made. States under title XIX of the Social Security Act lect third party payments for the cost of clinical ADMINISTRATION FOR CHILDREN AND FAMILIES services that are incurred in National Institutes for the last quarter of fiscal year 2004 for unan- ticipated costs, incurred for the current fiscal PAYMENTS TO STATES FOR CHILD SUPPORT of Health research facilities and that such pay- ENFORCEMENT AND FAMILY SUPPORT PROGRAMS ments shall be credited to the National Insti- year, such sums as may be necessary. For making payments to States or other non- tutes of Health Management Fund: Provided For making payments to States or in the case Federal entities under titles I, IV–D, X, XI, further, That all funds credited to the National of section 1928 on behalf of States under title XIV, and XVI of the Social Security Act and the Institutes of Health Management Fund shall re- XIX of the Social Security Act for the first quar- Act of July 5, 1960 (24 U.S.C. ch. 9), main available for 1 fiscal year after the fiscal ter of fiscal year 2005, $58,416,275,000, to remain $3,292,270,000, to remain available until ex- year in which they are deposited: Provided fur- available until expended. Payment under title XIX may be made for any pended; and for such purposes for the first ther, That up to $497,000 shall be available to quarter with respect to a State plan or plan quarter of fiscal year 2005, $1,200,000,000, to re- carry out section 499 of the Public Health Serv- amendment in effect during such quarter, if sub- main available until expended. ice Act. mitted in or prior to such quarter and approved For making payments to each State for car- BUILDINGS AND FACILITIES in that or any subsequent quarter. rying out the program of Aid to Families with (INCLUDING TRANSFER OF FUNDS) PAYMENTS TO HEALTH CARE TRUST FUNDS Dependent Children under title IV–A of the So- For the study of, construction of, renovation For payment to the Federal Hospital Insur- cial Security Act before the effective date of the of, and acquisition of equipment for, facilities of ance and the Federal Supplementary Medical program of Temporary Assistance for Needy or used by the National Institutes of Health, in- Insurance Trust Funds, as provided under sec- Families (TANF) with respect to such State, cluding the acquisition of real property, tion 1844 of the Social Security Act, sections such sums as may be necessary: Provided, That $89,500,000, to remain available until expended: 103(c) and 111(d) of the Social Security Amend- the sum of the amounts available to a State with Provided, That notwithstanding any other pro- ments of 1965, section 278(d) of Public Law 97– respect to expenditures under such title IV–A in vision of law, single contracts or related con- 248, and for administrative expenses incurred fiscal year 1997 under this appropriation and tracts, which collectively include the full scope pursuant to section 201(g) of the Social Security under such title IV–A as amended by the Per- of the project, may be employed for the develop- Act, $95,084,100,000. sonal Responsibility and Work Opportunity ment and construction of the first and second PROGRAM MANAGEMENT Reconciliation Act of 1996 shall not exceed the phases of the John Edward Porter Neuroscience limitations under section 116(b) of such Act. For carrying out, except as otherwise pro- Research Center: Provided further, That the so- For making, after May 31 of the current fiscal vided, titles XI, XVIII, XIX, and XXI of the So- licitations and contracts shall contain the year, payments to States or other non-Federal cial Security Act, titles XIII and XXVII of the clause ‘‘availability of funds’’ found at 48 CFR entities under titles I, IV–D, X, XI, XIV, and Public Health Service Act, and the Clinical Lab- 52.232–18. XVI of the Social Security Act and the Act of oratory Improvement Amendments of 1988, not July 5, 1960 (24 U.S.C. ch. 9), for the last 3 SUBSTANCE ABUSE AND MENTAL HEALTH to exceed $2,707,603,000, to be transferred from months of the current fiscal year for unantici- SERVICES ADMINISTRATION the Federal Hospital Insurance and the Federal pated costs, incurred for the current fiscal year, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES Supplementary Medical Insurance Trust Funds, such sums as may be necessary. For carrying out titles V and XIX of the Pub- as authorized by section 201(g) of the Social Se- lic Health Service Act with respect to substance curity Act; together with all funds collected in LOW INCOME HOME ENERGY ASSISTANCE abuse and mental health services, the Protection accordance with section 353 of the Public Health For making payments under title XXVI of the and Advocacy for Mentally Ill Individuals Act Service Act and section 1857(e)(2) of the Social Omnibus Budget Reconciliation Act of 1981, of 1986, and section 301 of the Public Health Security Act, and such sums as may be collected $2,000,000,000. Service Act with respect to program manage- from authorized user fees and the sale of data, REFUGEE AND ENTRANT ASSISTANCE ment, $3,157,540,000: Provided, That in addition which shall remain available until expended, For making payments for refugee and entrant to amounts provided herein, $79,200,000 shall be and together with administrative fees collected assistance activities authorized by title IV of the available from amounts available under section relative to Medicare overpayment recovery ac- Immigration and Nationality Act and section 241 of the Public Health Service Act to carry out tivities, which shall remain available until ex- 501 of the Refugee Education Assistance Act of subpart II of title XIX of the Public Health pended: Provided, That all funds derived in ac- 1980 (Public Law 96–422), $383,894,000: Provided, Service Act to fund section 1935(b) technical as- cordance with 31 U.S.C. 9701 from organizations That funds appropriated pursuant to section sistance, national data, data collection and established under title XIII of the Public Health 414(a) of the Immigration and Nationality Act evaluation activities, and further that the total Service Act shall be credited to and available for for fiscal year 2004 shall be available for the available under this Act for section 1935(b) ac- carrying out the purposes of this appropriation: costs of assistance provided and other activities tivities shall not exceed 5 percent of the amounts Provided further, That $30,000,000, to remain through September 30, 2006: Provided further, appropriated for subpart II of title XIX: Pro- available until September 30, 2005, is for con- That up to $9,935,000 is available to carry out vided further, That in addition to the amounts tract costs for CMS’s Systems Revitalization the Trafficking Victims Protection Act of 2000. provided herein, $21,850,000 shall be available Plan: Provided further, That $56,991,000, to re- For carrying out section 5 of the Torture Vic- from amounts available under Section 241 of the main available until September 30, 2005, is for tims Relief Act of 1998 (Public Law 105–320), Public Health Service Act to carry out subpart contract costs for the Healthcare Integrated $9,935,000. For carrying out section 462 of the I of Part B of title XIX of the Public Health General Ledger Accounting System: Provided Homeland Security Act of 2002, (Public Law 107– Service Act to fund section 1920(b) technical as- further, That the Secretary of Health and 296), $34,227,000.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11491

PAYMENTS TO STATES FOR THE CHILD CARE AND sistent with program purposes: Provided further, of this amount, $50,000,000 is for minority AIDS DEVELOPMENT BLOCK GRANT That the Secretary shall establish procedures re- prevention and treatment activities; and For carrying out sections 658A through 658R garding the disposition of intangible property $15,000,000 shall be for an Information Tech- of the Omnibus Budget Reconciliation Act of which permits grant funds, or intangible assets nology Security and Innovation Fund for De- 1981 (The Child Care and Development Block acquired with funds authorized under section partment-wide activities involving cybersecurity, Grant Act of 1990), $2,099,729,000 shall be used 680 of the Community Services Block Grant Act, information technology security, and related in- to supplement, not supplant State general rev- as amended, to become the sole property of such novation projects, and $5,000,000 is to assist Af- enue funds for child care assistance for low-in- grantees after a period of not more than 12 ghanistan in the development of maternal and come families: Provided, That $19,120,000 shall years after the end of the grant for purposes child health clinics, consistent with section be available for child care resource and referral and uses consistent with the original grant: Pro- 103(a)(4)(H) of the Afghanistan Freedom Sup- and school-aged child care activities, of which vided further, That funds appropriated for sec- port Act of 2002: Provided further, That of this $1,000,000 shall be for the Child Care Aware toll tion 680(a)(2) of the Community Services Block amount, $3,000,000 shall be made available to free hotline: Provided further, That, in addition Grant Act, as amended, shall be available for fi- carry out section 340G of the Public Health to the amounts required to be reserved by the nancing construction and rehabilitation and Service Act (42 U.S.C. 256g) (in addition to other States under section 658G, $272,672,000 shall be loans or investments in private business enter- amounts appropriated under this title for such reserved by the States for activities authorized prises owned by community development cor- purpose): Provided further, That of this under section 658G, of which $100,000,000 shall porations: Provided further, That $89,978,000 amount, sufficient funds shall be available for be for activities that improve the quality of in- shall be for activities authorized by the Run- the Secretary of Health and Human Services, fant and toddler care: Provided further, That away and Homeless Youth Act, notwithstanding not later than 60 days after the last day of the $10,000,000 shall be for use by the Secretary for the allocation requirements of section 388(a) of fiscal year, to submit to Congress a report on the child care research, demonstration, and evalua- such Act, of which $40,505,000 is for the transi- amount of acquisitions made by the Department tion activities. tional living program: Provided further, That of Health and Human Services during such fis- SOCIAL SERVICES BLOCK GRANT $34,772,000 is for a compassion capital fund to cal year of articles, materials, or supplies that For making grants to States pursuant to sec- provide grants to charitable organizations to were manufactured outside the United States. Such report shall separately indicate the dollar tion 2002 of the Social Security Act, emulate model social service programs and to value of any articles, materials, or supplies pur- $1,700,000,000. encourage research on the best practices of so- chased by the Department of Health and Human CHILDREN AND FAMILIES SERVICES PROGRAMS cial service organizations: Provided further, Services that were manufactured outside the For carrying out, except as otherwise pro- That $15,000,000 shall be for activities authorized by the Help America Vote Act of 2002, of United States, an itemized list of all waivers vided, the Runaway and Homeless Youth Act, under the Buy American Act (41 U.S.C. 10a et the Developmental Disabilities Assistance and which $10,000,000 shall be for payments to States to promote disabled voter access, and of which seq.) that were granted with respect to such ar- Bill of Rights Act, the Head Start Act, the Child ticles, materials, or supplies, and a summary of Abuse Prevention and Treatment Act, sections $5,000,000 shall be for payments to States for disabled voters protection and advocacy systems. total procurement funds spent on goods manu- 310 and 316 of the Family Violence Prevention factured in the United States versus funds spent PROMOTING SAFE AND STABLE FAMILIES and Services Act, as amended, the Native Amer- on goods manufactured outside of the United ican Programs Act of 1974, title II of Public Law For carrying out section 436 of the Social Se- States. The Secretary of Health and Human 95–266 (adoption opportunities), the Adoption curity Act, $305,000,000 and for section 437, Services shall make the report publicly available and Safe Families Act of 1997 (Public Law 105– $99,350,000. by posting the report on an Internet website. 89), sections 1201 and 1211 of the Children’s PAYMENTS TO STATES FOR FOSTER CARE AND OFFICE OF INSPECTOR GENERAL Health Act of 2000, the Abandoned Infants As- ADOPTION ASSISTANCE For expenses necessary for the Office of In- sistance Act of 1988, sections 261 and 291 of the For making payments to States or other non- spector General in carrying out the provisions of Help America Vote Act of 2002, the Early Learn- Federal entities under title IV–E of the Social the Inspector General Act of 1978, as amended, ing Opportunities Act, part B(1) of title IV and Security Act, $5,068,300,000. $39,497,000: Provided, That, of such amount, sections 413, 429A, 1110, and 1115 of the Social For making payments to States or other non- necessary sums are available for providing pro- Security Act, and sections 40155, 40211, and Federal entities under title IV–E of the Act, for tective services to the Secretary and inves- 40241 of Public Law 103–322; for making pay- the first quarter of fiscal year 2005, tigating non-payment of child support cases for ments under the Community Services Block $1,767,700,000. which non-payment is a Federal offense under Grant Act, sections 439(h), 473A, and 477(i) of For making, after May 31 of the current fiscal 18 U.S.C. 228. the Social Security Act, and title IV of Public year, payments to States or other non-Federal OFFICE FOR CIVIL RIGHTS Law 105–285, and for necessary administrative entities under section 474 of title IV–E, for the For expenses necessary for the Office for Civil expenses to carry out said Acts and titles I, IV, last 3 months of the current fiscal year for un- Rights, $30,936,000, together with not to exceed X, XI, XIV, XVI, and XX of the Social Security anticipated costs, incurred for the current fiscal $3,314,000 to be transferred and expended as au- Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the year, such sums as may be necessary. thorized by section 201(g)(1) of the Social Secu- Omnibus Budget Reconciliation Act of 1981, title ADMINISTRATION ON AGING rity Act from the Hospital Insurance Trust IV of the Immigration and Nationality Act, sec- AGING SERVICES PROGRAMS Fund and the Supplemental Medical Insurance tion 501 of the Refugee Education Assistance For carrying out, to the extent not otherwise Trust Fund. Act of 1980, section 5 of the Torture Victims Re- provided, the Older Americans Act of 1965, as POLICY RESEARCH lief Act of 1998 (Public Law 105–320), sections amended, and section 398 of the Public Health For carrying out, to the extent not otherwise 40155, 40211, and 40241 of Public Law 103–322, Service Act, $1,360,193,000, of which $5,500,000 provided, research studies under section 1110 of and section 126 and titles IV and V of Public shall be available for activities regarding medi- the Social Security Act and title III of the Pub- Law 100–485, $8,780,002,000, of which $42,720,000, cation management, screening, and education to lic Health Service Act, $23,499,000, which shall to remain available until September 30, 2005, prevent incorrect medication and adverse drug be available from amounts available under sec- shall be for grants to States for adoption incen- reactions; and of which $2,842,000 shall remain tion 241 of the Public Health Service Act to tive payments, as authorized by section 473A of available until September 30, 2006, for the White carry out national health or human services re- title IV of the Social Security Act (42 U.S.C. 670– House Conference on Aging. search and evaluation activities: Provided, That 679) and may be made for adoptions completed the expenditure of any funds available under OFFICE OF THE SECRETARY before September 30, 2004; of which section 241 of the Public Health Service Act are $6,815,570,000 shall be for making payments GENERAL DEPARTMENTAL MANAGEMENT subject to the requirements of section 205 of this under the Head Start Act, of which For necessary expenses, not otherwise pro- Act. $1,400,000,000 shall become available October 1, vided, for general departmental management, RETIREMENT PAY AND MEDICAL BENEFITS FOR 2004 and remain available through September 30, including hire of six sedans, and for carrying COMMISSIONED OFFICERS 2005; and of which $717,620,000 shall be for mak- out titles III, XVII, and XX of the Public For retirement pay and medical benefits of ing payments under the Community Services Health Service Act, and the United States-Mex- Public Health Service Commissioned Officers as Block Grant Act: Provided, That not less than ico Border Health Commission Act, $342,808,000, authorized by law, for payments under the Re- $7,203,000 shall be for section 680(3)(B) of the together with $5,851,000 to be transferred and tired Serviceman’s Family Protection Plan and Community Services Block Grant Act, as amend- expended as authorized by section 201(g)(1) of Survivor Benefit Plan, for medical care of deed: Provided further, That in addition to the Social Security Act from the Hospital Insur- pendents and retired personnel under the De- amounts provided herein, $6,000,000 shall be ance Trust Fund and the Supplemental Medical pendents’ Medical Care Act (10 U.S.C. ch. 55 available from amounts available under section Insurance Trust Fund: Provided, That of the and 56), and for payments pursuant to section 241 of the Public Health Service Act to carry out funds made available under this heading for 229(b) of the Social Security Act (42 U.S.C. the provisions of section 1110 of the Social Secu- carrying out title XX of the Public Health Serv- 429(b)), such amounts as may be required during rity Act: Provided further, That to the extent ice Act, $11,885,000 shall be for activities speci- the current fiscal year. The following are defini- Community Services Block Grant funds are dis- fied under section 2003(b)(2), of which tions for the medical benefits of the Public tributed as grant funds by a State to an eligible $10,157,000 shall be for prevention service dem- Health Service Commissioned Officers that entity as provided under the Act, and have not onstration grants under section 510(b)(2) of title apply to 10 U.S.C. chapter 56, section 1116(c). been expended by such entity, they shall remain V of the Social Security Act, as amended, with- The source of funds for the monthly accrual with such entity for carryover into the next fis- out application of the limitation of section payments into the Department of Defense Medi- cal year for expenditure by such entity con- 2010(c) of said title XX: Provided further, That care-Eligible Retiree Health Care Fund shall be

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11492 CONGRESSIONAL RECORD — SENATE September 15, 2003 the Retirement Pay and Medical Benefits for by grants or contracts) of the implementation (C) in subsection (b)(1)— Commissioned Officers account. For purposes of and effectiveness of such programs. (i) in subparagraph (A), by striking ‘‘and’’ at this Act, the term ‘‘pay of members’’ shall be (TRANSFER OF FUNDS) the end; construed to be synonymous with retirement SEC. 207. Not to exceed 1 percent of any discre- (ii) in subparagraph (B), by striking the pe- payments to United States Public Health Service tionary funds (pursuant to the Balanced Budget riod and inserting ‘‘; and’’; and officers who are retired for age, disability, or and Emergency Deficit Control Act of 1985, as (iii) by adding at the end the following: ‘‘(C) one or more categories of aliens who are length of service; payments to survivors of de- amended) which are appropriated for the cur- or were nationals and residents of the Islamic ceased officers; medical care to active duty and rent fiscal year for the Department of Health Republic or Iran who, as members of a religious retired members and dependents and bene- and Human Services in this or any other Act minority in Iran, share common characteristics ficiaries; and for payments to the Social Secu- may be transferred between appropriations, but that identify them as targets of persecution in rity Administration for military service credits; no such appropriation shall be increased by that state on account of race, religion, nation- all of which payments are provided for by the more than 3 percent by any such transfer: Pro- ality, membership in a particular social group, Retirement Pay and Medical Benefits for Com- vided, That an appropriation may be increased or political opinion.’’; and missioned Officers account. by up to an additional 2 percent subject to ap- (2) in section 599E (8 U.S.C. 1255 note) in sub- PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY proval by the House and Senate Committees on section (b)(2), by striking ‘‘September 30, 2003’’ FUND Appropriations: Provided further, That the Ap- For expenses necessary to support activities and inserting ‘‘September 30, 2004’’. propriations Committees of both Houses of Con- SEC. 214. (a) Except as provided by subsection related to countering potential biological, dis- gress are notified at least 15 days in advance of (e) none of the funds appropriated by this Act ease and chemical threats to civilian popu- any transfer. may be used to withhold substance abuse fund- lations, $1,856,040,000: Provided, That this SEC. 208. The Director of the National Insti- ing from a State pursuant to section 1926 of the amount is distributed as follows: Centers for tutes of Health, jointly with the Director of the Public Health Service Act (42 U.S.C. 300x–26) if Disease Control and Prevention, $1,116,156,000; Office of AIDS Research, may transfer up to 3 such State certifies to the Secretary of Health Office of the Secretary, $61,820,000; Health Re- percent among institutes, centers, and divisions and Human Services by May 1, 2004 that the sources and Services Administration, from the total amounts identified by these two State will commit additional State funds, in ac- $578,064,000; and $100,000,000 shall be available Directors as funding for research pertaining to cordance with subsection (b), to ensure compli- until expended for activities to ensure a year- the human immunodeficiency virus: Provided, ance with State laws prohibiting the sale of to- round influenza vaccine production capacity That the Congress is promptly notified of the bacco products to individuals under 18 years of and the development and implementation of transfer. age. rapidly expandable production technologies: SEC. 209. Of the amounts made available in (b) The amount of funds to be committed by a Provided further, That at the discretion of the this Act for the National Institutes of Health, State under subsection (a) shall be equal to 1 Secretary, these amounts may be transferred be- the amount for research related to the human percent of such State’s substance abuse block tween categories subject to normal reprogram- immunodeficiency virus, as jointly determined grant allocation for each percentage point by ming procedures: Provided further, That em- by the Director of the National Institutes of which the State misses the retailer compliance ployees of the Centers for Disease Control and Health and the Director of the Office of AIDS rate goal established by the Secretary of Health Prevention or the Public Health Service, both ci- Research, shall be made available to the ‘‘Office and Human Services under section 1926 of such vilian and Commissioned Officers, detailed to of AIDS Research’’ account. The Director of the Act. States, municipalities or other organizations Office of AIDS Research shall transfer from (c) The State is to maintain State expenditures under authority of section 214 of the Public such account amounts necessary to carry out in fiscal year 2004 for tobacco prevention pro- Health Service Act for purposes related to home- section 2353(d)(3) of the Public Health Service grams and for compliance activities at a level land security, shall be treated as non-Federal Act. that is not less than the level of such expendi- employees for reporting purposes only and shall SEC. 210. None of the funds appropriated in tures maintained by the State for fiscal year not be included within any personnel ceiling ap- this Act may be made available to any entity 2003, and adding to that level the additional plicable to the Agency, Service, or the Depart- under title X of the Public Health Service Act funds for tobacco compliance activities required ment of Health and Human Services during the unless the applicant for the award certifies to under subsection (a). The State is to submit a period of detail or assignment. the Secretary that it encourages family partici- report to the Secretary on all fiscal year 2003 GENERAL PROVISIONS pation in the decision of minors to seek family State expenditures and all fiscal year 2004 obli- SEC. 201. Funds appropriated in this title shall planning services and that it provides coun- gations for tobacco prevention and compliance be available for not to exceed $50,000 for official seling to minors on how to resist attempts to co- activities by program activity by July 31, 2004. reception and representation expenses when erce minors into engaging in sexual activities. (d) The Secretary shall exercise discretion in specifically approved by the Secretary. SEC. 211. None of the funds appropriated by enforcing the timing of the State obligation of SEC. 202. The Secretary shall make available this Act (including funds appropriated to any the additional funds required by the certifi- through assignment not more than 60 employees trust fund) may be used to carry out the cation described in subsection (a) as late as July of the Public Health Service to assist in child Medicare+Choice program if the Secretary de- 31, 2004. survival activities and to work in AIDS pro- nies participation in such program to an other- (e) None of the funds appropriated by this Act grams through and with funds provided by the wise eligible entity (including a Provider Spon- may be used to withhold substance abuse fund- Agency for International Development, the sored Organization) because the entity informs ing pursuant to section 1926 from a territory United Nations International Children’s Emer- the Secretary that it will not provide, pay for, that receives less than $1,000,000. gency Fund or the World Health Organization. provide coverage of, or provide referrals for SEC. 215. In order for the Centers for Disease SEC. 203. None of the funds appropriated abortions: Provided, That the Secretary shall Control and Prevention to carry out inter- under this Act may be used to implement section make appropriate prospective adjustments to the national health activities, including HIV/AIDS 399F(b) of the Public Health Service Act or sec- capitation payment to such an entity (based on and other infectious disease, chronic and envi- tion 1503 of the National Institutes of Health an actuarially sound estimate of the expected ronmental disease, and other health activities Revitalization Act of 1993, Public Law 103–43. costs of providing the service to such entity’s en- abroad during fiscal year 2004, the Secretary of SEC. 204. None of the funds appropriated in rollees): Provided further, That nothing in this Health and Human Services— this Act for the National Institutes of Health, section shall be construed to change the Medi- (1) may exercise authority equivalent to that the Agency for Healthcare Research and Qual- care program’s coverage for such services and a available to the Secretary of State in section 2(c) ity, and the Substance Abuse and Mental Medicare+Choice organization described in this of the State Department Basic Authorities Act of Health Services Administration shall be used to section shall be responsible for informing enroll- 1956 (22 U.S.C. 2669(c)). The Secretary of Health pay the salary of an individual, through a ees where to obtain information about all Medi- and Human Services shall consult with the Sec- grant or other extramural mechanism, at a rate care covered services. retary of State and relevant Chief of Mission to in excess of Executive Level I. SEC. 212. Notwithstanding any other provision ensure that the authority provided in this sec- SEC. 205. None of the funds appropriated in of law, no provider of services under title X of tion is exercised in a manner consistent with this Act may be expended pursuant to section the Public Health Service Act shall be exempt section 207 of the Foreign Service Act of 1980 (22 241 of the Public Health Service Act, except for from any State law requiring notification or the U.S.C. 3927) and other applicable statutes ad- funds specifically provided for in this Act, or for reporting of child abuse, child molestation, sex- ministered by the Department of State, and other taps and assessments made by any office ual abuse, rape, or incest. (2) is authorized to provide such funds by ad- located in the Department of Health and Human SEC. 213. The Foreign Operations, Export Fi- vance or reimbursement to the Secretary of State Services, prior to the Secretary’s preparation nancing, and Related Programs Appropriations as may be necessary to pay the costs of acquisi- and submission of a report to the Committee on Act, 1990 (Public Law 101–167) is amended— tion, lease, alteration, renovation, and manage- Appropriations of the Senate and of the House (1) in section 599D (8 U.S.C. 1157 note)— ment of facilities outside of the United States for detailing the planned uses of such funds. (A) in subsection (b)(3), by striking ‘‘1997, the use of the Department of Health and Human SEC. 206. Notwithstanding section 241(a) of 1998, 1999, 2000, 2001, 2002, and 2003’’ and insert- Services. The Department of State shall cooper- the Public Health Service Act, such portion as ing ‘‘1997, 1998, 1999, 2000, 2001, 2002, 2003, and ate fully with the Secretary of Health and the Secretary shall determine, but not more than 2004’’; and Human Services to ensure that the Department 2.2 percent, of any amounts appropriated for (B) in subsection (e), by striking ‘‘October 1, of Health and Human Services has secure, safe, programs authorized under said Act shall be 2003’’ each place it appears and inserting ‘‘Octo- functional facilities that comply with applicable made available for the evaluation (directly, or ber 1, 2004’’; regulation governing location, setback, and

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11493 other facilities requirements and serve the pur- Committee on Appropriations on the status of closings have had on the accessibility of mam- poses established by this Act. The Secretary of the Pediatric Research Initiative, including— mography services, including for underserved Health and Human Services is authorized, in (A) the extent of the total funds obligated to populations, since the April 2002 General Ac- consultation with the Secretary of State, conduct or support pediatric research across the counting Office report on access to mammog- through grant or cooperative agreement, to National Institutes of Health, including the spe- raphy; and make available to public or nonprofit private in- cific support and research awards allocated by (C) evaluate the role of States in acting as ac- stitutions or agencies in participating foreign the Office of the Director through the Initiative; creditation bodies or certification bodies, or countries, funds to acquire, lease, alter, or ren- (B) the activities of the cross-institute com- both, in addition to inspection agents under the ovate facilities in those countries as necessary to mittee on pediatric research in assisting the Di- MQSA, and in acting as accreditation bodies for conduct programs of assistance for international rector in considering requests for new or ex- facilities in other States and determine whether health activities, including activities relating to panded pediatric research to be funded through and how these roles affect the system of checks HIV/AIDS and other infectious diseases, chronic the Initiative; and balances within the MQSA. and environmental diseases, and other health (C) how the Director plans to budget dollars (2) REPORT.—Not later than 16 months after activities abroad. toward the Initiative for fiscal year 2004; the date of enactment of this Act, the Comp- SEC. 216. The Division of Federal Occupa- (D) the amount the Director has expended to troller General of the United States shall submit tional Health may utilize personal services con- implement the Initiative since the enactment of to the Committee on Health, Education, Labor, tracting to employ professional management/ad- the Initiative; and Pensions and the Committee on Appropria- ministrative and occupational health profes- (E) the status of any research conducted as a tions of the Senate and the Committee on En- sionals. result of the Initiative; ergy and Commerce and the Committee on Ap- SEC. 217. Notwithstanding section 409B(c) of (F) whether that research is translational re- propriations of the House of Representatives a the Public Health Service Act regarding a limi- search or clinical research; report on the study described in paragraph (1). tation on the number of such grants, funds ap- (G) how the Initiative interfaces with the Off- (b) STUDY BY THE INSTITUTE OF MEDICINE.— propriated in this Act may be expended by the Patent research fund of the National Institutes (1) IN GENERAL.—Not later than 30 days after Director of the National Institutes of Health to of Health; and the date of enactment of this Act, the Secretary award Core Center Grants to encourage the de- (H) any recommended modifications that Con- of Health and Human Services shall enter into velopment of innovative multidisciplinary re- gress should consider in the authority or struc- an agreement with the Institute of Medicine of search and provide training concerning Parkin- ture of the Initiative within the National Insti- the National Academy of Sciences for the con- son’s disease. Each center funded under such tutes of Health for the optimal operation and duct of a study and the making of recommenda- grants shall be designated as a Morris K. Udall success of the Initiative. tions regarding the following: Center for Research on Parkinson’s Disease. SEC. 221. To provide funding for poison con- (A) Ways to improve physicians’ interpreta- SEC. 218. None of the funds appropriated in trol centers under the Poison Control Enhance- tions of mammograms, including approaches this or any other Act may be used to carry out ment and Awareness Act (42 U.S.C. 14801 et that could be taken under the MQSA without or administer the Department of Health and seq.), there are appropriated a total of negatively impacting access to quality mammog- Human Services Human Resources Consolida- $23,854,000, including amounts otherwise made raphy. tion plan. available in this Act for such centers. (B) What changes could be made in the MQSA SEC. 219. GAO STUDY AND REPORT ON THE SEC. 222. In addition to any amounts other- to improve mammography quality, including ad- PROPAGATION OF CONCIERGE CARE. (a) STUDY.— wise appropriated under this Act under the ditional regulatory requirements that would im- (1) IN GENERAL.—The Comptroller General of heading of ADMINISTRATION ON AGING, there are prove quality, as well as the reduction or modi- the United States shall conduct a study on con- appropriated an additional $1,000,000: Provided, fication of regulatory requirements that do not cierge care (as defined in paragraph (2)) to de- That in addition to the amounts already made contribute to quality mammography, or are no termine the extent to which such care— available to carry out the ombudsman program longer necessary to ensure quality mammog- (A) is used by medicare beneficiaries (as de- under chapter 2 of title VII of the Older Ameri- raphy. Such reduction or modification of regu- fined in section 1802(b)(5)(A) of the Social Secu- cans Act of 1965 (42 U.S.C. 3058 et seq.), there latory requirements and improvements in the ef- rity Act (42 U.S.C. 1395a(b)(5)(A))); and are made available an additional $1,000,000. ficiency of the program are important to help (B) has impacted upon the access of medicare SEC. 223. In addition to any amounts other- eliminate disincentives to enter or remain in the beneficiaries (as so defined) to items and serv- wise appropriated under this Act for programs field of mammography. ices for which reimbursement is provided under and activities under the Nurse Reinvestment Act (C) Ways, including incentives, to ensure that the medicare program under title XVIII of the (Public Law 107–205) and for other nursing sufficient numbers of adequately trained per- Social Security Act (42 U.S.C. 1395 et seq.). workforce development programs under title sonnel at all levels are recruited and retained to (2) CONCIERGE CARE.—In this section, the term VIII of the Public Health Service Act (42 U.S.C. provide quality mammography services. ‘‘concierge care’’ means an arrangement under 296 et seq.), there are appropriated an addi- (D)(i) How data currently collected under the which, as a prerequisite for the provision of a tional $50,000,000 for such programs and activi- MQSA could be used to improve the quality, in- health care item or service to an individual, a ties. terpretation of, and access to mammography. physician, practitioner (as described in section SEC. 224. Not later than 90 days after the date (ii) Identification of new data points that 1842(b)(18)(C) of the Social Security Act (42 of enactment of this Act, the Director of the Na- could be collected to aid in the monitoring and U.S.C. 1395u(b)(18)(C))), or other individual— tional Institutes of Health shall submit to the assessment of mammography quality and access. (A) charges a membership fee or another inci- appropriate committees of Congress a report (E) Other approaches that would improve the dental fee to an individual desiring to receive that shall — quality of and access to mammography services, the health care item or service from such physi- (1) contain the recommendations of the Direc- including approaches to improving provisions cian, practitioner, or other individual; or tor concerning the role of the National Insti- under the MQSA. (B) requires the individual desiring to receive tutes of Health in promoting the affordability of (F) Steps that should be taken to help make the health care item or service from such physi- inventions and products developed with Federal available safe and effective new screening and cian, practitioner, or other individual to pur- funds; and diagnostic devices and tests for breast cancer. chase an item or service. (2) specify whether any circumstances exist to (2) REPORT.—Not later than 15 months after (b) REPORT.—Not later than the date that is prevent the Director from promoting the afford- the date on which the agreement is entered into 18 months after the date of enactment of this ability of inventions and products developed under paragraph (1), the Institute of Medicine Act, the Comptroller General of the United with Federal funds. shall complete the study described under such States shall submit to Congress a report on the SEC. 225. STUDIES CONCERNING MAMMOGRAPHY subsection and submit a report to the Secretary study conducted under subsection (a)(1) to- STANDARDS. (a) STUDY BY GAO.— of Health and Human Services, the Committee gether with such recommendations for legisla- (1) IN GENERAL.—The Comptroller General of on Health, Education, Labor, and Pensions and tive or administrative action as the Comptroller the United States shall conduct a study of the the Committee on Appropriations of the Senate, General determines to be appropriate. program established under the Mammography and the Committee on Energy and Commerce SEC. 220. To demonstrate the appreciation Quality Standards Act of 1992 (section 354 of the and the Committee on Appropriations of the that the Senate has for, and to further encour- Public Health Service Act (42 U.S.C. 263b)) (re- House of Representatives. age, the efforts of the Director of the National ferred to in this section as the ‘‘MQSA’’) to— (3) FUNDING.—Of the amounts appropriated Institutes of Health in implementing the Pedi- (A) evaluate the demonstration program re- under this title to the Office of the Secretary of atric Research Initiative under section 409D of garding frequency of inspections authorized Health and Human Services for general depart- the Public Health Service Act, it is the sense of under section 354(g) of the Public Health Service mental management, $500,000 shall be made the Senate that— Act (42 U.S.C. 263b(g)), including the effect of available to carry out the study under this sub- (1) the Director should continue the Initiative the program on compliance with the MQSA; section. and emphasize the importance of pediatric re- (B) evaluate the factors that contributed to SEC. 226. (a) FINDINGS.—The Senate finds search, particularly translational research; and the closing of the approximately 700 mammog- that— (2) not later than January of 2004, the Direc- raphy facilities nationwide since 2001, whether (1) Native American populations have seen an tor should continue to report to the Committee those closings were due to consolidation or were alarming increase in sexually transmitted dis- on Health, Education, Labor, and Pensions of a true reduction in mammography availability, ease prevalence in recent years; and the Senate, the Committee on Energy and Com- explore the relationship between certified units (2) a screening, treatment, and education pro- merce of the House of Representatives, the Sen- and facility capacity, and evaluate capacity gram, administered by tribal health organiza- ate Committee on Appropriations and the House issues, and determine the effect these and other tions or local health care providers, on Native

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11494 CONGRESSIONAL RECORD — SENATE September 15, 2003

American reservations with high rates of sexu- (2) up to an additional $212,000 may be used SEC. 234. From the amounts appropriated ally transmitted diseases will help prevent a cor- to carry out activities under title II of such Act under the heading ‘‘OFFICE OF THE SECRETARY, responding increase in the prevalence of HIV. (community-based resource centers); and GENERAL DEPARTMENTAL MANAGEMENT’’ there (b) GRANT PROGRAM.—From amounts appro- (3) up to an additional $2,100,000 may be used may be made available an additional $2,000,000 priated under this title for the Centers for Dis- for child abuse discretionary grants under such to the Health Resources and Services Adminis- ease Control and Prevention, there may be made Act. tration for the purchase of automatic external available up to $1,000,000 to enable the Director SEC. 232. (a) FINDINGS.—The Senate finds defibrilators and the training of individuals in of the Centers for Disease Control and Preven- that— cardiac life support in rural areas. tion to carry out competitive grant program to (1) a recent Aberdeen Area Indian Health SEC. 235. Notwithstanding any other provi- strengthen local capacity on Native American Service infant mortality study identified protec- sions of law, funds made available under this reservations to screen for and treat sexually tive and risk factors associated with Sudden In- heading may be used to continue operating the transmitted diseases and to educate local popu- fant Death Syndrome (referred to in this section Council on Graduate Medical Education estab- lations about such diseases, the consequences as ‘‘SIDS’’); lished by section 301 of Public Law 102–408. thereof, and how the transmission of such dis- (2) several conclusions from the study suggest SEC. 236. DESIGNATION OF SENATOR PAUL D. eases can be prevented. courses of action to reduce the incidence of WELLSTONE NIH MDCRC PROGRAM. (a) FIND- SEC. 227. In addition to any amounts other- SIDS among Native American and other high- INGS.—Congress finds the following: wise appropriated under this Act for the support incidence populations; (1) On December 18, 2001, Public Law 107–84, of the improved newborn and child screening for (3) the study noted that alcohol consumption otherwise known as the Muscular Dystrophy heritable disorders program authorized under by women of childbearing age (especially during Community Assistance, Research and Education section 1109 of the Public Health Service Act (42 pregnancy), maternal and environmental to- Amendments of 2001, or the MD CARE Act, was U.S.C. 300b–8), there may be appropriated up to bacco exposure during pregnancy, and preg- signed into law to provide for research and edu- an additional $2,000,000 to carry out such pro- nancy by women under the age of 20 increase cation with respect to various forms of muscular gram. the risk for SIDS; dystrophy, including Dechenne, Becker, limb SEC. 228. SUMMER HEALTH CAREER INTRODUC- (4) in 2000, for infants of African American girdle, congenital, facioscapulohumeral, TORY PROGRAMS. (a) FINDINGS.—Congress finds mothers, the SIDS death rate was 2.4 times that myotonic, oculopharyngeal, distal, and that— for non-Hispanic white mothers; EmeryDreifuss muscular dystrophies. (1) the success of the health care system is de- (5) nationwide, SIDS rates for infants of Na- (2) In response to the MD CARE Act of 2001, pendent on qualified personnel; tive American mothers were 2.6 times those of in September 2002, the National Institutes of (2) hospitals and health facilities across the non-Hispanic white mothers; and Health (NIH) announced its intention to direct United States have been deeply impacted by de- (6) the Office of Minority Health of the De- $22,500,000 over five years to its newly created clines among nurses, pharmacists, radiology and partment of Health and Human Services has the Muscular Dystrophy Cooperative Research Cen- laboratory technicians, and other workers; expertise to coordinate SIDS disparity reduction ters (MDCRC) program. (3) the health care workforce shortage is not efforts across the Department of Health and a short term problem and such workforce short- (3) Senator Paul D. Wellstone was a driving Human Services. ages can be expected for many years; and force behind enactment of the MD CARE Act, (b) INCREASE IN FUNDING.—In addition to any (4) most States are looking for ways to address which led to the establishment of the MDCRC amounts otherwise appropriate in this Act to such shortages. program. carry out activities to reduce Sudden Infant (b) GRANTS.—The Secretary of Health and (b) DESIGNATION.—The NIH Muscular Dys- Human Services, acting through the Bureau of Death Syndrome disparity rates, there may be trophy Cooperative Research Centers (MDCRC) Health Professions of the Health Resources and appropriated up to an additional $2,000,000 to program shall be known and designated as the Services Administration, may award not to ex- enable the Director of the Office of Minority ‘‘Senator Paul D. Wellstone Muscular Dys- ceed 5 grants for the establishment of summer Health of the Department of Health and Human trophy Cooperative Research Centers’’, in honor health career introductory programs for middle Services to carry out a demonstration project, in of Senator Paul D. Wellstone who was deceased and high school students. coordination with the Administrator of the on October 25, 2002. (c) ELIGIBILITY.—To be eligible to receive a Health Resources and Services Administration, (c) REFERENCES.—Any reference in a law, reg- grant under subsection (b) an entity shall— the Director of the National Institutes of ulation, document, paper, or other record of the (1) be an institution of higher education (as Health, the Director of the Indian Health Serv- United States to the NIH program of Muscular defined in section 101(a) of the Higher Edu- ices, the Administrator of the Center for Medi- Dystrophy Cooperative Research Centers shall cation Act of 1965 (20 U.S.C. 1001(a)); and care & Medicaid Services, the Director of the be deemed to be a reference to the ‘‘Senator (2) prepare and submit to the Secretary of Centers for Disease Control and Prevention, and Paul D. Wellstone Muscular Dystrophy Cooper- Health and Human Services an application at the heads of other agencies within the Depart- ative Research Centers. such time, in such manner, and containing such ment of Health and Human Services (as appro- SEC. 237. (a) MOTHER-TO-CHILD HIV TRANS- information as the Secretary may require. priate), to reduce Sudden Infant Death Syn- MISSION PREVENTION.—In addition to any (d) DURATION.—The term of a grant under drome disparity rates, and to provide risk reduc- amounts otherwise made available under this subsection (b) shall not exceed 4 years. tion education to African American and Native Act to carry out mother-to-child HIV trans- (e) AUTHORIZATION OF APPROPRIATIONS.— American populations in the United States, in- mission prevention activities, there shall be There is authorized to be appropriated to carry cluding efforts to reduce alcohol use by preg- made available an additional $60,000,000 to out this section, such sums as may be necessary nant women, support for smoking cessation (ma- carry out such activities and $1,000,000 for Non- for each of fiscal years 2004 through 2007. ternal and secondhand) programs, and edu- Mother-to-Child activities. SEC. 229. Not later than 120 days after the cation of teenagers on the risk factors for Sud- (b) REDUCTION IN AMOUNTS.—Amounts made date of enactment of this Act, the Director of den Infant Death Syndrome associated with available under this Act for the administrative the Centers for Disease Control and Prevention teenage pregnancy within African American and related expenses for departmental manage- shall prepare a plan to comprehensively address and Native American communities. ment for the Department of Labor, the Depart- blood safety and injection safety in Africa (c) SENSE OF THE SENATE.—It is the sense of ment of Health and Human Services, the De- under the Global AIDS Program. the Senate that in carrying out the demonstra- partment of Education, shall be reduced on a SEC. 230. Not later than May 1, 2004, the Sec- tion project under subsection (b), the Director of pro rata basis by $61,000,000. retary of Health and Human Services shall sub- the Office of Minority Health is encouraged to— SEC. 238. (a) AUTHORITY.—Notwithstanding mit to the appropriate committees of Congress a (1) expand upon the similar pilot program for any other provision of law, the Director of the report concerning the manner in which the De- Native Americans that was funded by the Office National Institutes of Health may use funds partment of Health and Human Services ex- of Minority Health; and available under section 402(i) of the Public pends Federal funds for research, patient care, (2) coordinate with the Administrator of the Health Service Act (42 U.S.C. 282(i)) to enter and other activities relating to Hansen’s Dis- Health Resources and Services Administration, into transactions (other than contracts, cooper- ease. The report shall include— the Director of the Centers for Disease Control ative agreements, or grants) to carry out re- (1) the amounts provided for each research and Prevention, the Director of the National In- search in support of the NIH Roadmap Initia- project; (2) the amounts provided to each of the 12 stitutes of Health, the Director of the Indian tive of the Director. treatment centers for each of research, patient Health Services, the Administrator of the Center (b) PEER REVIEW.—In entering into trans- care, and other activities; for Medicare & Medicaid Services, and the actions under subsection (a), the Director of the (3) the per patient expenditure of patient care heads of other agencies within the Department National Institutes of Health may utilize such funds at each of the 12 treatment centers; and of Health and Human Services (as appropriate) peer review procedures (including consultation (4) the mortality rates at each of the 12 treat- to support activities to reduce alcohol use by with appropriate scientific experts) as the Direc- ment centers. pregnant women, support smoking cessation tor determines to be appropriate to obtain as- SEC. 231. In addition to any amounts other- (maternal and secondhand), and educate teen- sessments of scientific and technical merit. Such wise appropriated under this Act to carry out agers on the risk factors for SIDS associated procedures shall apply to such transactions in activities under the Child Abuse Prevention and with teenage pregnancy within the African lieu of the peer review and advisory council re- Treatment Act (42 U.S.C. 5101 et seq.), there are American and Native American communities. view procedures that would otherwise be re- appropriated— SEC. 233. There may be appropriated, up to quired under sections 301(a)(3), 405(b)(1)(B), (1) up to an additional $143,000 may be used $2,000,000 to fund programs on community auto- 405(b)(2), 406(a)(3)(A), 492, and 494 of the Public to carry out activities under title I of such Act matic external defibrillators under section 312 of Health Service Act (42 U.S.C. 241, 284(b)(1)(B), (child abuse State grants); the Public Health Service Act (42 U.S.C. 244). 284(b)(2), 284a(a)(3)(A), 289a, and 289c).

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11495 This title may be cited as the ‘‘Department of the Elementary and Secondary Education Act of vided further, That section 101(f) of the AT Act Health and Human Services Appropriations Act, 1965, $121,573,000. shall not limit the award of an extension grant 2004’’. INNOVATION AND IMPROVEMENT to three years: Provided further, That no State TITLE III—DEPARTMENT OF EDUCATION For carrying out activities authorized by part or outlying area awarded funds under section EDUCATION FOR THE DISADVANTAGED G of Title I, subpart 5 of part A and parts C and 101 shall receive less than the amount received For carrying out title I of the Elementary and D of title II, and Parts B, C, and D of title V in fiscal year 2003. Secondary Education Act of 1965 (‘‘ESEA’’) and of the Elementary and Secondary Education Act AMERICAN PRINTING HOUSE FOR THE BLIND section 418A of the Higher Education Act of of 1965 (‘‘ESEA’’), $774,133,000: Provided, That For carrying out the Act of March 3, 1879, as 1965, $14,103,356,000, of which $6,582,294,000 $9,935,000 shall be provided to the National amended (20 U.S.C. 101 et seq.) including the ac- shall become available on July 1, 2004, and shall Board for Professional Teaching Standards to quisition of equipment, $16,500,000. remain available through September 30, 2005, carry out section 2151(c) of the ESEA: Provided and of which $7,383,301,000 shall become avail- further, That $165,877,000 shall be available to NATIONAL TECHNICAL INSTITUTE FOR THE DEAF able on October 1, 2004, and shall remain avail- carry out part D of title V of the ESEA. For the National Technical Institute for the able through September 30, 2005, for academic SAFE SCHOOLS AND CITIZENSHIP EDUCATION Deaf under titles I and II of the Education of year 2004–2005: Provided, That $7,107,282,000 For carrying out subpart 3 of part C of title II, the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), shall be available for basic grants under section part A of title IV, and subparts 2, 3 and 10 of $53,800,000, of which $367,000 shall be for con- 1124: Provided further, That up to $3,500,000 of part D of title V of the Elementary and Sec- struction and shall remain available until ex- these funds shall be available to the Secretary of ondary Education Act of 1965 (‘‘ESEA’’), title pended: Provided, That from the total amount Education on October 1, 2003, to obtain annu- VIII–D of the Higher Education Act of 1965, as available, the Institute may at its discretion use ally updated educational-agency-level census amended, and Public Law 102–73, $818,547,000, funds for the endowment program as authorized poverty data from the Bureau of the Census: of which $447,017,000 shall become available on under section 207. Provided further, That $1,365,031,000 shall be July 1, 2004 and remain available through Sep- GALLAUDET UNIVERSITY available for concentration grants under section tember 30, 2005: Provided, That of the amount For the Kendall Demonstration Elementary 1124A: Provided further, That $1,670,239,000 available for subpart 2 of part A of title IV of shall be available for targeted grants under sec- School, the Model Secondary School for the the ESEA, $850,000 shall be used to continue the Deaf, and the partial support of Gallaudet Uni- tion 1125: Provided further, That $2,207,448,000 National Recognition Awards program under shall be available for education finance incen- versity under titles I and II of the Education of the same guidelines outlined by section 120(f) of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), tive grants under section 1125A: Provided fur- Public Law 105–244: Provided further, That ther, That, notwithstanding any other provision $100,800,000: Provided, That from the total $422,017,000 shall be available for subpart 1 of amount available, the University may at its dis- of law, the Secretary shall use data described in part A of title IV and $213,880,000 shall be avail- sections 1124(a)(1)(B) and 1124(c)(1) of the ESEA cretion use funds for the endowment program as able for subpart 2 of part A of title IV: Provided authorized under section 207. that are available on July 1, 2003, to calculate further, That of the funds available to carry out VOCATIONAL AND ADULT EDUCATION grants for fiscal year 2004 under part A of title subpart 3 of part C of title II, up to $11,922,000 I of that Act: Provided further, That from the may be used to carry out section 2345 and For carrying out, to the extent not otherwise $8,842,000 available to carry out part E of title $2,980,000 shall be used by the Center for Civic provided, the Carl D. Perkins Vocational and I, up to $1,000,000 shall be available to the Sec- Education to implement a comprehensive pro- Technical Education Act of 1998, subparts 4 and retary of Education to provide technical assist- gram to improve public knowledge, under- 11 of part D of title V of the Elementary and ance to State and local educational agencies standing, and support of the Congress and the Secondary Education Act of 1965, and the Adult concerning part A of title I. state legislatures: Provided further, That Education and Family Literacy Act, IMPACT AID $25,000,000 shall be for Youth Offender Grants, $2,093,990,000, of which $1,274,943,000 shall be- For carrying out programs of financial assist- of which $5,000,000 shall be used in accordance come available on July 1, 2004 and shall remain ance to federally affected schools authorized by with section 601 of Public Law 102–73 as that available through September 30, 2005 and of title VIII of the Elementary and Secondary Edu- section was in effect prior to enactment of Pub- which $791,000,000 shall become available on Oc- cation Act of 1965, $1,193,226,000, of which lic Law 105–220. tober 1, 2004 and shall remain available through $1,030,292,000 shall be for basic support pay- ENGLISH LANGUAGE ACQUISITION September 30, 2005: Provided, That of the ments under section 8003(b), $50,668,000 shall be amount provided for Adult Education State For carrying out part A of title III of the for payments for children with disabilities under Grants, $69,545,000 shall be made available for ESEA, $665,000,000, of which $541,259,000 shall section 8003(d), $44,708,000 shall be for construc- integrated English literacy and civics education become available on July 1, 2004, and shall re- tion under section 8007 and shall remain avail- services to immigrants and other limited English main available through September 30, 2005. able through September 30, 2005, $59,610,000 proficient populations: Provided further, That shall be for Federal property payments under SPECIAL EDUCATION of the amount reserved for integrated English section 8002, and $7,948,000, to remain available For carrying out parts B, C, and D of the In- literacy and civics education, notwithstanding until expended, shall be for facilities mainte- dividuals with Disabilities Education Act, section 211 of the Adult Education and Family nance under section 8008. $11,027,464,000, of which $5,337,533,000 shall be- Literacy Act, 65 percent shall be allocated to SCHOOL IMPROVEMENT PROGRAMS come available for obligation on July 1, 2004, States based on a State’s absolute need as deter- For carrying out school improvement activities and shall remain available through September mined by calculating each State’s share of a 10- authorized by titles II, part B of title IV, part A 30, 2005, and of which $5,402,000,000 shall be- year average of the Immigration and Natu- and subparts 6 and 9 of part D of title V, sub- come available on October 1, 2004, and shall re- ralization Service data for immigrants admitted part 1 of part A and part B of title VI, and parts main available through September 30, 2005, for for legal permanent residence for the 10 most re- B and C of title VII of the Elementary and Sec- academic year 2004–2005: Provided, That cent years, and 35 percent allocated to States ondary Education Act of 1965 (‘‘ESEA’’); the $11,400,000 shall be for Recording for the Blind that experienced growth as measured by the av- McKinney-Vento Homeless Assistance Act; and and Dyslexic to support the development, pro- erage of the 3 most recent years for which Immi- the Civil Rights Act of 1964, $5,731,453,000, of duction, and circulation of recorded educational gration and Naturalization Service data for im- which $4,173,944,000 shall become available on materials: Provided further, That $1,500,000 migrants admitted for legal permanent residence July 1, 2004, and remain available through Sep- shall be for the recipient of funds provided by are available, except that no State shall be allo- tember 30, 2005, and of which $1,435,000,000 shall Public Law 105–78 under section 687(b)(2)(G) of cated an amount less than $60,000: Provided fur- become available on October 1, 2004, and shall the Act to provide information on diagnosis, ther, That of the amounts made available for remain available through September 30, 2005, for intervention, and teaching strategies for chil- the Adult Education and Family Literacy Act, academic year 2004–2005: Provided, That funds dren with disabilities: Provided further, That $9,223,000 shall be for national leadership activi- made available to carry out part B of title VII the amount for section 611(c) of the Act shall be ties under section 243 and $6,732,000 shall be for of the ESEA may be used for construction, ren- equal to the amount available for that section the National Institute for Literacy under section ovation and modernization of any elementary during fiscal year 2003, increased by the amount 242: Provided further, That $160,047,000 shall be school, secondary school, or structure related to of inflation as specified in section 611(f)(1)(B)(ii) available to support the activities authorized an elementary school or secondary school, run of the Act. under subpart 4 of part D of title V of the Ele- by the Department of Education of the State of REHABILITATION SERVICES AND DISABILITY mentary and Secondary Education Act of 1965, Hawaii, that serves a predominantly Native Ha- RESEARCH of which up to 5 percent shall become available waiian student body: Provided further, That For carrying out, to the extent not otherwise October 1, 2003, for evaluation, technical assist- funds made available to carry out part C of title provided, the Rehabilitation Act of 1973, the As- ance, school networking, peer review of applica- VII of the ESEA may be used for construction: sistive Technology Act of 1998, and the Helen tions, and program outreach activities and of Provided further, That $390,000,000 shall be for Keller National Center Act, $3,004,360,000, of which not less than 95 percent shall become subpart 1 of part A of title VI of the ESEA: Pro- which $1,000,000 shall be used to improve the available on July 1, 2004, and remain available vided further, That no funds appropriated quality of applied orthotic and prosthetic re- through September 30, 2005, for grants to local under this heading may be used to carry out search and help meet the demand for provider educational agencies: Provided further, That section 5494 under the ESEA. services: Provided, That the funds provided for funds made available to local education agen- INDIAN EDUCATION title I of the Assistive Technology Act of 1998 cies under this subpart shall be used only for For expenses necessary to carry out, to the ex- (‘‘the AT Act’’) shall be allocated notwith- activities related to establishing smaller learning tent not otherwise provided, title VII, part A of standing section 105(b)(1) of the AT Act: Pro- communities in high schools.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11496 CONGRESSIONAL RECORD — SENATE September 15, 2003

STUDENT FINANCIAL ASSISTANCE title III, part D of the Higher Education Act of described in this section does not include the es- For carrying out subparts 1, 3 and 4 of part A, 1965, as amended, $210,000. tablishment of magnet schools. part C and part E of title IV of the Higher Edu- INSTITUTE OF EDUCATION SCIENCES SEC. 303. No funds appropriated under this cation Act of 1965, as amended, $14,174,115,000, For carrying out activities authorized by Pub- Act may be used to prevent the implementation which shall remain available through September lic Law 107–279, $452,956,000: Provided, That, of of programs of voluntary prayer and meditation 30, 2005. the amount appropriated, $144,090,000 shall be in the public schools. The maximum Pell Grant for which a student available for obligation through September 30, (TRANSFER OF FUNDS) shall be eligible during award year 2004–2005 2005: Provided further, That of the amount pro- SEC. 304. Not to exceed 1 percent of any discre- shall be $4,050. vided to carry out title I, parts B and D of Pub- tionary funds (pursuant to the Balanced Budget STUDENT AID ADMINISTRATION lic Law 107–279, $24,362,000 shall be for the na- and Emergency Deficit Control Act of 1985, as For Federal administrative expenses (in additional research and development centers author- amended) which are appropriated for the De- tion to funds made available under Section 458), ized under section 133(c): Provided further, That partment of Education in this Act may be trans- to carry out part D of title I; subparts 1, 3, and $4,968,000 shall be available to extend for one ferred between appropriations, but no such ap- 4 of part A; and parts B, C, D, and E of title IV additional year the contract for the Eisenhower propriation shall be increased by more than 3 of the Higher Education Act of 1965, as amend- National Clearinghouse for Mathematics and percent by any such transfer: Provided, That ed, $104,703,000. Science Education authorized under section the Appropriations Committees of both Houses HIGHER EDUCATION 2102(a)(2) of the Elementary and Secondary of Congress are notified at least 15 days in ad- For carrying out, to the extent not otherwise Education Act of 1965, prior to its amendment vance of any transfer. provided, section 121 and titles II, III, IV, V, VI, by the No Child Left Behind Act of 2001, Public SEC. 305. (a) The matter under the heading and VII of the Higher Education Act of 1965 Law 107–110. ‘‘Title III—Department of Education, Education (‘‘HEA’’), as amended, section 117 of the Carl D. PROGRAM ADMINISTRATION for the Disadvantaged’’, in Public Law 108–7 Perkins Vocational and Technical Education For carrying out, to the extent not otherwise (117 Stat. 326) is amended— Act of 1998, and the Mutual Educational and provided, the Department of Education Organi- (1) by striking ‘‘$4,651,199,000’’ and inserting Cultural Exchange Act of 1961, $1,974,247,000, of zation Act, including rental of conference rooms ‘‘$6,895,199,000’’; and which $2,000,000 for interest subsidies author- in the District of Columbia and hire of three (2) by striking ‘‘$9,027,301,000’’ and inserting ized by section 121 of the HEA shall remain passenger motor vehicles, $409,863,000, of which ‘‘$6,783,301,000’’. available until expended: Provided, That not- $13,644,000, to remain available until expended, (b) The additional fiscal year 2003 budget au- withstanding any other provision of law or any shall be for building alterations and related ex- thority provided under subsection (a) shall not regulation, the Secretary of Education shall not penses for the relocation of Department staff to be subject to the rescission required by Division require the use of a restricted indirect cost rate Potomac Center Plaza in Washington, D.C.: N, section 601, of Public Law 108–7. for grants issued pursuant to section 117 of the Provided, That of this amount, sufficient funds (c) Subsections (a) and (b) shall become effec- Carl D. Perkins Vocational and Technical Edu- shall be available for the Secretary of Edu- tive immediately upon enactment of this Act. cation Act of 1998: Provided further, That cation, not later than 60 days after the last day SEC. 306. None of the funds provided under $9,935,000, to remain available through Sep- of the fiscal year, to submit to Congress a report this Act shall be used to implement or enforce tember 30, 2005, shall be available to fund fel- on the amount of acquisitions made by the De- the annual updates to the allowance for State lowships for academic year 2005–2006 under part partment of Education during such fiscal year and other taxes in the tables used in the Federal A, subpart 1 of title VII of said Act, under the of articles, materials, or supplies that were man- Needs Analysis Methodology to determine a stu- terms and conditions of part A, subpart 1: Pro- ufactured outside the United States. Such report dent’s expected family contribution for the vided further, That $994,000 is for data collec- shall separately indicate the dollar value of any award year 2004-2005 under part F of title IV of tion and evaluation activities for programs articles, materials, or supplies purchased by the the Higher Education Act of 1965 (20 U.S.C. under the HEA, including such activities needed Department of Education that were manufac- 1087kk et seq.) published in the Federal Register to comply with the Government Performance tured outside the United States, an itemized list on Friday, May 30, 2003 (68 Fed. Reg. 32473), to and Results Act of 1993: Provided further, That of all waivers under the Buy American Act (41 the extent that such implementation or enforce- notwithstanding any other provision of law, U.S.C. 10a et seq.) that were granted with re- ment of the updates will reduce the amount of funds made available in this Act to carry out spect to such articles, materials, or supplies, and Federal student financial assistance for which a title VI of the HEA and section 102(b)(6) of the a summary of total procurement funds spent on student is eligible: Provided, That of the funds Mutual Educational and Cultural Exchange Act goods manufactured in the United States versus appropriated in this Act for the National Insti- of 1961 may be used to support visits and study funds spent on goods manufactured outside of tutes of Health, $200,000,000 shall not be avail- in foreign countries by individuals who are par- the United States. The Secretary of Education able for obligation until September 30, 2004. ticipating in advanced foreign language train- shall make the report publicly available by post- SEC. 307. (a) ADDITIONAL FUNDING.—In addi- ing and international studies in areas that are ing the report on an Internet website. tion to any amounts otherwise appropriated vital to United States national security and who OFFICE FOR CIVIL RIGHTS under this Act for grants to States under part B plan to apply their language skills and knowl- For expenses necessary for the Office for Civil of the Individuals with Disabilities Education edge of these countries in the fields of govern- Rights, as authorized by section 203 of the De- Act (20 U.S.C. 1411 et seq.), there are appro- ment, the professions, or international develop- partment of Education Organization Act, priated an additional $1,200,000,000 for such ment: Provided further, That up to 1 percent of $91,275,000. grants. (b) CUSTOMS USER FEES.—Section 13031(j)(3) the funds referred to in the preceding proviso OFFICE OF THE INSPECTOR GENERAL of the Consolidated Omnibus Budget Reconcili- may be used for program evaluation, national For expenses necessary for the Office of the ation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended outreach, and information dissemination activi- Inspector General, as authorized by section 212 by striking ‘‘September 30, 2003’’ and inserting ties. of the Department of Education Organization ‘‘September 30, 2004’’. HOWARD UNIVERSITY Act, $44,137,000. SEC. 308. In addition to any amounts that may For partial support of Howard University (20 GENERAL PROVISIONS be made available under this Act to carry out U.S.C. 121 et seq.), $238,440,000, of which not SEC. 301. No funds appropriated in this Act the Excellence in Economic Education Act of less than $3,573,000 shall be for a matching en- may be used for the transportation of students 2001 under subpart 13 of part D of title V of the dowment grant pursuant to the Howard Univer- or teachers (or for the purchase of equipment for Elementary and Secondary Education Act of sity Endowment Act (Public Law 98–480) and such transportation) in order to overcome racial 1965, there are appropriated, out of any money shall remain available until expended. imbalance in any school or school system, or for in the Treasury not otherwise appropriated, COLLEGE HOUSING AND ACADEMIC FACILITIES the transportation of students or teachers (or $2,000,000 to carry out the Excellence in Eco- LOANS PROGRAM for the purchase of equipment for such trans- nomic Education Act of 2001. For Federal administrative expenses author- portation) in order to carry out a plan of racial SEC. 309. For necessary expenses for the Un- ized under section 121 of the Higher Education desegregation of any school or school system. derground Railroad Education and Cultural Act of 1965, $774,000 to carry out activities re- SEC. 302. None of the funds contained in this Program, there are appropriated $2,235,000. lated to existing facility loans entered into Act shall be used to require, directly or indi- SEC. 310. There are appropriated, out of any under the Higher Education Act of 1965. rectly, the transportation of any student to a money in the Treasury not otherwise appro- HISTORICALLY BLACK COLLEGE AND UNIVERSITY school other than the school which is nearest priated, to carry out section 208 of the Edu- CAPITAL FINANCING PROGRAM ACCOUNT the student’s home, except for a student requir- cation Sciences Reform Act of 2002, $80,000,000. The aggregate principal amount of out- ing special education, to the school offering All amounts in this Act for management and ad- standing bonds insured pursuant to section 344 such special education, in order to comply with ministration at the Department of Education are of title III, part D of the Higher Education Act title VI of the Civil Rights Act of 1964. For the reduced on a pro rata basis by an amount re- of 1965 shall not exceed $355,000,000, and the purpose of this section an indirect requirement quired to offset the $80,000,000 appropriation cost, as defined in section 502 of the Congres- of transportation of students includes the trans- made by this section. sional Budget Act of 1974, of such bonds shall portation of students to carry out a plan involv- SEC. 311. For activities authorized by part H not exceed zero. ing the reorganization of the grade structure of of title I of the Elementary and Secondary Edu- For administrative expenses to carry out the schools, the pairing of schools, or the clustering cation Act, there are hereby appropriated up to Historically Black College and University Cap- of schools, or any combination of grade restruc- $5,000,000, which may be used to carry out such ital Financing Program entered into pursuant to turing, pairing or clustering. The prohibition activities.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11497

DANIEL PATRICK MOYNIHAN GLOBAL AFFAIRS (4) up to an additional $3,000,000 to carry out the functions vested in it by the Civil Service INSTITUTE high school equivalency program activities Reform Act, Public Law 95–454 (5 U.S.C. ch. 71), SEC. 312. (a) DEFINITIONS.—In this section: under section 418A of the Higher Education Act $43,385,000, including $1,500,000, to remain (1) ENDOWMENT FUND.—The term ‘‘endowment of 1965 (HEP); available through September 30, 2005, for activi- fund’’ means a fund established by the Maxwell (5) up to an additional $500,000 to carry out ties authorized by the Labor-Management Co- School of Citizenship and Public Affairs of the college assistance migrant program activities operation Act of 1978 (29 U.S.C. 175a): Provided, Syracuse University in Syracuse, New York, for under section 418A of the Higher Education Act That notwithstanding 31 U.S.C. 3302, fees the purpose of generating income for the sup- of 1965 (CAMP); and charged, up to full-cost recovery, for special port of the School and other purposes as de- (6) up to an additional $1,000,000 to carry out training activities and other conflict resolution scribed in subsection (d). subpart 16 of part D of title V of the Elementary services and technical assistance, including (2) SCHOOL.—The term ‘‘School’’ means the and Secondary Education Act of 1965 (parental those provided to foreign governments and inter- Maxwell School of Citizenship and Public Af- assistance and local family information centers). national organizations, and for arbitration serv- fairs of the Syracuse University in Syracuse, This title may be cited as the ‘‘Department of ices shall be credited to and merged with this ac- New York. Education Appropriations Act, 2004’’. count, and shall remain available until ex- (3) SECRETARY.—The term ‘‘Secretary’’ means TITLE IV—RELATED AGENCIES pended: Provided further, That fees for arbitra- the Secretary of Education. tion services shall be available only for edu- (4) UNIVERSITY.—The term ‘‘University’’ ARMED FORCES RETIREMENT HOME cation, training, and professional development means the Syracuse University in Syracuse, New For expenses necessary for the Armed Forces of the agency workforce: Provided further, That York. Retirement Home to operate and maintain the the Director of the Service is authorized to ac- (b) DANIEL PATRICK MOYNIHAN GLOBAL AF- Armed Forces Retirement Home—Washington FAIRS INSTITUTE.— cept and use on behalf of the United States gifts and the Armed Forces Retirement Home—Gulf- of services and real, personal, or other property (1) REDESIGNATION.—To be eligible for a grant port, to be paid from funds available in the under subsection (c), the University shall des- in the aid of any projects or functions within Armed Forces Retirement Home Trust Fund, the Director’s jurisdiction. ignate the global affairs institute within the $65,279,000, of which $1,983,000 shall remain Maxwell School of Citizenship and Public Af- available until expended for construction and FEDERAL MINE SAFETY AND HEALTH REVIEW fairs of the University as the ‘‘Daniel Patrick renovation of the physical plants at the Armed COMMISSION Moynihan Global Affairs Institute’’. Forces Retirement Home—Washington and the SALARIES AND EXPENSES (2) REFERENCES.—Any reference in a law, Armed Forces Retirement Home—Gulfport. map, regulation, paper, or other record to the For expenses necessary for the Federal Mine global affairs institute within the Maxwell CORPORATION FOR NATIONAL AND COMMUNITY Safety and Health Review Commission (30 School of Citizenship and Public Affairs of the SERVICE U.S.C. 801 et seq.), $7,774,000. University, shall be deemed to be a reference to DOMESTIC VOLUNTEER SERVICE PROGRAMS, INSTITUTE OF MUSEUM AND LIBRARY SERVICES the Daniel Patrick Moynihan Global Affairs In- OPERATING EXPENSES For carrying out the Museum and Library stitute. For expenses necessary for the Corporation Services Act of 1996, $243,889,000, to remain (c) GRANT FOR ENDOWMENT FUND.—From for National and Community Service to carry available until expended. amounts appropriated under subsection (f), the out the provisions of the Domestic Volunteer MEDICARE PAYMENT ADVISORY COMMISSION Secretary may award a grant to the University Service Act of 1973, as amended, $350,187,000: for the establishment of an endowment fund to Provided, That none of the funds made avail- SALARIES AND EXPENSES support the Daniel Patrick Moynihan Global able to the Corporation for National and Com- For expenses necessary to carry out section Affairs Institute. munity Service in this Act for activities author- 1805 of the Social Security Act, $9,000,000, to be (d) DUTIES.—Amounts received under a grant ized by section 122 of Part C of Title I and Part transferred to this appropriation from the Fed- under subsection (c), shall be used to— E of Title II of the Domestic Volunteer Service eral Hospital Insurance and the Federal Supple- (1) carry on the public and intellectual tradi- Act of 1973 shall be used to provide stipends or mentary Medical Insurance Trust Funds. tion of Senator Daniel Patrick Moynihan; (2) sustain all of the core activities of the other monetary incentives to volunteers or vol- NATIONAL COMMISSION ON LIBRARIES AND School; unteer leaders whose incomes exceed 125 percent INFORMATION SCIENCE of the national poverty level. (3) fund the residencies of visiting scholars SALARIES AND EXPENSES and international leaders; CORPORATION FOR PUBLIC BROADCASTING (4) support scholarship, training, and practice For necessary expenses for the National Com- For payment to the Corporation for Public mission on Libraries and Information Science, in countries that are often the most impover- Broadcasting, as authorized by the Communica- ished economically, institutionally, and established by the Act of July 20, 1970 (Public tions Act of 1934, an amount which shall be Law 91–345, as amended), $1,000,000. civically; available within limitations specified by that NATIONAL COUNCIL ON DISABILITY (5) support partnerships with governments Act, for the fiscal year 2006, $400,000,000: Pro- and other relevant entities around the world to vided, That no funds made available to the Cor- SALARIES AND EXPENSES train government officials both at the School poration for Public Broadcasting by this Act For expenses necessary for the National Coun- and in their home countries; and shall be used to pay for receptions, parties, or cil on Disability as authorized by title IV of the (6) expand the facilities of the School. similar forms of entertainment for Government (e) MISCELLANEOUS PROVISIONS RELATING TO Rehabilitation Act of 1973, as amended, officials or employees: Provided further, That THE ENDOWMENT FUND.— $3,339,000. (1) MANAGEMENT.—The endowment fund es- none of the funds contained in this paragraph NATIONAL LABOR RELATIONS BOARD shall be available or used to aid or support any tablished under subsection (c) shall be managed SALARIES AND EXPENSES in accordance with the standard endowment program or activity from which any person is For expenses necessary for the National Labor policies established by the University. excluded, or is denied benefits, or is discrimi- (2) USE OF INTEREST AND INVESTMENT IN- nated against, on the basis of race, color, na- Relations Board to carry out the functions vest- COME.—Interest and other investment income tional origin, religion, or sex: Provided further, ed in it by the Labor-Management Relations earned from the endowment fund may be used to That for fiscal year 2004, in addition to the Act, 1947, as amended (29 U.S.C. 141–167), and carry out the duties under subsection (d). amounts provided above, $55,000,000 shall be for other laws, $246,073,000: Provided, That no part (3) DISTRIBUTION OF INTEREST AND INVEST- costs related to digital program production, de- of this appropriation shall be available to orga- MENT INCOME.—Funds derived from the interest velopment, and distribution, associated with the nize or assist in organizing agricultural laborers and other investment income earned from the transition of public broadcasting to digital or used in connection with investigations, hear- endowment fund shall be available for expendi- broadcasting, to be awarded as determined by ings, directives, or orders concerning bargaining ture by the University for purposes consistent the Corporation in consultation with public units composed of agricultural laborers as re- with subsection (d). radio and television licensees or permittees, or ferred to in section 2(3) of the Act of July 5, 1935 (f) AUTHORIZATION OF APPROPRIATIONS.— their designated representatives: Provided fur- (29 U.S.C. 152), and as amended by the Labor- There is authorized to be appropriated to carry ther, That for fiscal year 2004, in addition to the Management Relations Act, 1947, as amended, out this section, $10,000,000 to remain available amounts provided above, $10,000,000 shall be for and as defined in section 3(f) of the Act of June until expended. the costs associated with implementing the first 25, 1938 (29 U.S.C. 203), and including in said SEC. 313. In addition to any amounts other- phase of the next generation interconnection definition employees engaged in the mainte- wise appropriated under this Act, there may be system. nance and operation of ditches, canals, res- ervoirs, and waterways when maintained or op- appropriated, out of any money in the Treasury FEDERAL MEDIATION AND CONCILIATION SERVICE not otherwise appropriated— erated on a mutual, nonprofit basis and at least (1) an additional $4,000,000 to carry out title SALARIES AND EXPENSES 95 percent of the water stored or supplied there- III of the Elementary and Secondary Education For expenses necessary for the Federal Medi- by is used for farming purposes. ation and Conciliation Service to carry out the Act of 1965 (language instruction); NATIONAL MEDIATION BOARD (2) up to $1,000,000 to carry out part A of title functions vested in it by the Labor Management V of the Higher Education Act of 1965 (His- Relations Act, 1947 (29 U.S.C. 171–180, 182–183), SALARIES AND EXPENSES panic-serving institutions); including hire of passenger motor vehicles; for For expenses necessary to carry out the provi- (3) up to $500,000 to carry out part C of title expenses necessary for the Labor-Management sions of the Railway Labor Act, as amended (45 I of the Elementary and Secondary Education Cooperation Act of 1978 (29 U.S.C. 175a); and for U.S.C. 151–188), including emergency boards ap- Act of 1965 (migrant education); expenses necessary for the Service to carry out pointed by the President, $11,421,000.

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11498 CONGRESSIONAL RECORD — SENATE September 15, 2003

OCCUPATIONAL SAFETY AND HEALTH REVIEW funds provided to a State in the current fiscal UNITED STATES INSTITUTE OF PEACE COMMISSION year and not obligated by the State during that OPERATING EXPENSES SALARIES AND EXPENSES year shall be returned to the Treasury. For necessary expenses of the United States For expenses necessary for the Occupational For making, after June 15 of the current fiscal Institute of Peace as authorized in the United Safety and Health Review Commission (29 year, benefit payments to individuals under title States Institute of Peace Act, $17,200,000. U.S.C. 661), $9,610,000. XVI of the Social Security Act, for unantici- TITLE V—GENERAL PROVISIONS pated costs incurred for the current fiscal year, RAILROAD RETIREMENT BOARD SEC. 501. The Secretaries of Labor, Health and such sums as may be necessary. DUAL BENEFITS PAYMENTS ACCOUNT Human Services, and Education are authorized For making benefit payments under title XVI to transfer unexpended balances of prior appro- For payment to the Dual Benefits Payments of the Social Security Act for the first quarter of priations to accounts corresponding to current Account, authorized under section 15(d) of the fiscal year 2005, $12,590,000,000, to remain avail- appropriations provided in this Act: Provided, Railroad Retirement Act of 1974, $119,000,000, able until expended. That such transferred balances are used for the which shall include amounts becoming available LIMITATION ON ADMINISTRATIVE EXPENSES same purpose, and for the same periods of time, in fiscal year 2004 pursuant to section for which they were originally appropriated. 224(c)(1)(B) of Public Law 98–76; and in addi- For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed SEC. 502. No part of any appropriation con- tion, an amount, not to exceed 2 percent of the tained in this Act shall remain available for ob- amount provided herein, shall be available pro- $20,000 for official reception and representation expenses, not more than $8,410,000,000 may be ligation beyond the current fiscal year unless portional to the amount by which the product of expressly so provided herein. recipients and the average benefit received ex- expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of SEC. 503. (a) No part of any appropriation ceeds $119,000,000: Provided, That the total contained in this Act shall be used, other than amount provided herein shall be credited in 12 the trust funds referred to therein: Provided, That not less than $1,800,000 shall be for the So- for normal and recognized executive-legislative approximately equal amounts on the first day of relationships, for publicity or propaganda pur- each month in the fiscal year. cial Security Advisory Board: Provided further, That unobligated balances of funds provided poses, for the preparation, distribution, or use of FEDERAL PAYMENTS TO THE RAILROAD under this paragraph at the end of fiscal year any kit, pamphlet, booklet, publication, radio, RETIREMENT ACCOUNTS 2004 not needed for fiscal year 2004 shall remain television, or video presentation designed to sup- For payment to the accounts established in available until expended to invest in the Social port or defeat legislation pending before the the Treasury for the payment of benefits under Security Administration information technology Congress or any State legislature, except in presentation to the Congress or any State legis- the Railroad Retirement Act for interest earned and telecommunications hardware and software lature itself. on unnegotiated checks, $150,000, to remain infrastructure, including related equipment and available through September 30, 2005, which (b) No part of any appropriation contained in non-payroll administrative expenses associated this Act shall be used to pay the salary or ex- shall be the maximum amount available for pay- solely with this information technology and ment pursuant to section 417 of Public Law 98– penses of any grant or contract recipient, or telecommunications infrastructure: Provided agent acting for such recipient, related to any 76. further, That reimbursement to the trust funds LIMITATION ON ADMINISTRATION activity designed to influence legislation or ap- under this heading for expenditures for official propriations pending before the Congress or any For necessary expenses for the Railroad Re- time for employees of the Social Security Admin- tirement Board for administration of the Rail- State legislature. istration pursuant to section 7131 of title 5, SEC. 504. The Secretaries of Labor and Edu- road Retirement Act and the Railroad Unem- United States Code, and for facilities or support cation are authorized to make available not to ployment Insurance Act, $99,350,000, to be de- services for labor organizations pursuant to exceed $28,000 and $20,000, respectively, from rived in such amounts as determined by the policies, regulations, or procedures referred to in funds available for salaries and expenses under Board from the railroad retirement accounts section 7135(b) of such title shall be made by the titles I and III, respectively, for official recep- and from moneys credited to the railroad unem- Secretary of the Treasury, with interest, from tion and representation expenses; the Director ployment insurance administration fund. amounts in the general fund not otherwise ap- of the Federal Mediation and Conciliation Serv- LIMITATION ON THE OFFICE OF INSPECTOR propriated, as soon as possible after such ex- ice is authorized to make available for official GENERAL penditures are made: Provided further, That reception and representation expenses not to ex- For expenses necessary for the Office of In- $107,000,000 shall not be available for obligation ceed $5,000 from the funds available for ‘‘Sala- spector General for audit, investigatory and re- until September 30, 2004. ries and expenses, Federal Mediation and Con- view activities, as authorized by the Inspector In addition, $120,000,000 to be derived from ciliation Service’’; and the Chairman of the Na- General Act of 1978, as amended, not more than administration fees in excess of $5.00 per supple- tional Mediation Board is authorized to make $6,322,000, to be derived from the railroad retire- mentary payment collected pursuant to section available for official reception and representa- ment accounts and railroad unemployment in- 1616(d) of the Social Security Act or section tion expenses not to exceed $5,000 from funds surance account: Provided, That none of the 212(b)(3) of Public Law 93–66, which shall re- available for ‘‘Salaries and expenses, National funds made available in any other paragraph of main available until expended. To the extent Mediation Board’’. this Act may be transferred to the Office; used that the amounts collected pursuant to such sec- SEC. 505. Notwithstanding any other provision to carry out any such transfer; used to provide tion 1616(d) or 212(b)(3) in fiscal year 2004 ex- of this Act, no funds appropriated under this any office space, equipment, office supplies, ceed $120,000,000, the amounts shall be available Act shall be used to carry out any program of communications facilities or services, mainte- in fiscal year 2005 only to the extent provided in distributing sterile needles or syringes for the nance services, or administrative services for the advance in appropriations Acts. hypodermic injection of any illegal drug. Office; used to pay any salary, benefit, or From funds previously appropriated for this SEC. 506. (a) It is the sense of the Congress award for any personnel of the Office; used to purpose, any unobligated balances at the end of that, to the greatest extent practicable, all pay any other operating expense of the Office; fiscal year 2003 shall be available to continue equipment and products purchased with funds or used to reimburse the Office for any service Federal-State partnerships which will evaluate made available in this Act should be American- provided, or expense incurred, by the Office: means to promote Medicare buy-in programs made. Provided further, That funds made available targeted to elderly and disabled individuals (b) In providing financial assistance to, or en- under the heading in this Act, or subsequent under titles XVIII and XIX of the Social Secu- tering into any contract with, any entity using Departments of Labor, Health and Human Serv- rity Act. funds made available in this Act, the head of ices, and Education, and Related Agencies Ap- OFFICE OF INSPECTOR GENERAL each Federal agency, to the greatest extent propriations Acts, may be used for any audit, practicable, shall provide to such entity a notice (INCLUDING TRANSFER OF FUNDS) investigation, or review of the Medicare pro- describing the statement made in subsection (a) gram. For expenses necessary for the Office of In- by the Congress. spector General in carrying out the provisions of SOCIAL SECURITY ADMINISTRATION (c) If it has been finally determined by a court the Inspector General Act of 1978, as amended, or Federal agency that any person intentionally PAYMENTS TO SOCIAL SECURITY TRUST FUNDS $20,863,000, together with not to exceed affixed a label bearing a ‘‘Made in America’’ in- For payment to the Federal Old-Age and Sur- $61,597,000, to be transferred and expended as scription, or any inscription with the same vivors Insurance and the Federal Disability In- authorized by section 201(g)(1) of the Social Se- meaning, to any product sold in or shipped to surance trust funds, as provided under sections curity Act from the Federal Old-Age and Sur- the United States that is not made in the United 201(m), 228(g), and 1131(b)(2) of the Social Secu- vivors Insurance Trust Fund and the Federal States, the person shall be ineligible to receive rity Act, $21,658,000. Disability Insurance Trust Fund. any contract or subcontract made with funds SUPPLEMENTAL SECURITY INCOME PROGRAM In addition, an amount not to exceed 3 per- made available in this Act, pursuant to the de- For carrying out titles XI and XVI of the So- cent of the total provided in this appropriation barment, suspension, and ineligibility proce- cial Security Act, section 401 of Public Law 92– may be transferred from the ‘‘Limitation on Ad- dures described in sections 9.400 through 9.409 of 603, section 212 of Public Law 93–66, as amend- ministrative Expenses’’, Social Security Admin- title 48, Code of Federal Regulations. ed, and section 405 of Public Law 95–216, includ- istration, to be merged with this account, to be SEC. 507. When issuing statements, press re- ing payment to the Social Security trust funds available for the time and purposes for which leases, requests for proposals, bid solicitations for administrative expenses incurred pursuant this account is available: Provided, That notice and other documents describing projects or pro- to section 201(g)(1) of the Social Security Act, of such transfers shall be transmitted promptly grams funded in whole or in part with Federal $26,290,000,000, to remain available until ex- to the Committees on Appropriations of the money, all grantees receiving Federal funds in- pended: Provided, That any portion of the House and Senate. cluded in this Act, including but not limited to

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 6333 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — SENATE S11499 State and local governments and recipients of (2) such entity has not submitted a report as p.m. tomorrow for the weekly party Federal research grants, shall clearly state: (1) required by that section for the most recent year lunches. the percentage of the total costs of the program for which such requirement was applicable to The PRESIDING OFFICER. Without or project which will be financed with Federal such entity. objection, it is so ordered. money; (2) the dollar amount of Federal funds SEC. 513. None of the funds made available in for the project or program; and (3) percentage this Act may be used to promulgate or adopt f and dollar amount of the total costs of the any final standard under section 1173(b) of the project or program that will be financed by non- Social Security Act (42 U.S.C. 1320d–2(b)) pro- PROGRAM governmental sources. viding for, or providing for the assignment of, a SEC. 508. (a) None of the funds appropriated unique health identifier for an individual (ex- Ms. MURKOWSKI. Mr. President, for under this Act, and none of the funds in any cept in an individual’s capacity as an employer the information of Senators, tomorrow trust fund to which funds are appropriated or a health care provider), until legislation is the Senate will resume debate on S.J. under this Act, shall be expended for any abor- enacted specifically approving the standard. Res. 17, the FCC rule resolution. Under tion. SEC. 514. None of the funds made available in the previous order, there will be ap- (b) None of the funds appropriated under this this Act may be transferred to any department, Act, and none of the funds in any trust fund to agency, or instrumentality of the United States proximately one hour of debate and the which funds are appropriated under this Act, Government, except pursuant to a transfer made Senate will vote on passage at 10:45 shall be expended for health benefits coverage by, or transfer authority provided in, this Act or a.m. The vote on passage will be the that includes coverage of abortion. any other appropriation Act. first vote of the day. Following the dis- (c) The term ‘‘health benefits coverage’’ means SEC. 515. (a) IN GENERAL.—Amounts made position of S.J. Res. 17, the Senate will the package of services covered by a managed available under this Act for the administrative resume consideration of H.R. 2754, the care provider or organization pursuant to a con- and related expenses for departmental manage- energy and water appropriations bill. tract or other arrangement. ment for the Department of Labor, the Depart- For the remainder of the day, the Sen- SEC. 509. (a) The limitations established in the ment of Health and Human Services, and the preceding section shall not apply to an abor- Department of Education shall be reduced on a ate will continue to work through tion— pro rata basis by $52,190,000. amendments of the water and energy (1) if the pregnancy is the result of an act of (b) LIMITATION.—The reduction required by appropriations bill. It is the majority rape or incest; or subsection (a) shall not apply to the Food and leader’s expectation that we complete (2) in the case where a woman suffers from a Drug Administration and the Indian Health action on this bill prior to the end of physical disorder, physical injury, or physical Service. the week. Therefore, Senators should illness, including a life-endangering physical SEC. 516. In addition to any amounts other- expect votes throughout the day to- condition caused by or arising from the preg- wise appropriated under this Act for the Special nancy itself, that would, as certified by a physi- Volunteers for Homeland Security program, morrow in relation to amendments in cian, place the woman in danger of death unless there may be appropriated an additional the appropriations bill. an abortion is performed. $5,000,000 for such program. In addition, during tomorrow’s ses- (b) Nothing in the preceding section shall be This Act may be cited as the ‘‘Departments of sion, the Senate will return to the con- construed as prohibiting the expenditure by a Labor, Health and Human Services, and Edu- sideration of the motion relating to the State, locality, entity, or private person of State, cation, and Related Agencies Appropriations appointment of conferees to S. 3, the local, or private funds (other than a State’s or Act, 2004’’. partial-birth abortion ban. locality’s contribution of Medicaid matching f funds). f (c) Nothing in the preceding section shall be APPOINTMENT construed as restricting the ability of any man- The PRESIDING OFFICER. The aged care provider from offering abortion cov- ADJOURNMENT UNTIL TOMORROW Chair, on behalf of the Democratic AT 9:30 A.M. erage or the ability of a State or locality to con- Leader, after consultation with the tract separately with such a provider for such Ranking Member of the Senate Com- Ms. MURKOWSKI. Mr. President, if coverage with State funds (other than a State’s there is no further business to come be- or locality’s contribution of Medicaid matching mittee on Finance, pursuant to Public Law 106–170, announces the appoint- fore the Senate, I ask unanimous con- funds). sent that the Senate stand in adjourn- SEC. 510. (a) None of the funds made available ment of Andrew J. Imperato, of Mary- in this Act may be used for— land, to serve as a member of the Tick- ment under the previous order. (1) the creation of a human embryo or em- et to Work and Work Incentives Advi- There being no objection, the Senate, bryos for research purposes; or sory Panel, vice Christine M. Griffin, of at 7:34 p.m. adjourned until Tuesday, (2) research in which a human embryo or em- September 16, 2003, at 9:30 a.m. bryos are destroyed, discarded, or knowingly Massachusetts. subjected to risk of injury or death greater than f f that allowed for research on fetuses in utero ORDERS FOR TUESDAY, under 45 CFR 46.208(a)(2) and section 498(b) of SEPTEMBER 16, 2003 NOMINATIONS the Public Health Service Act (42 U.S.C. 289g(b)). Ms. MURKOWSKI. Mr. President, I Executive nominations received by (b) For purposes of this section, the term ask unanimous consent that when the the Senate September 15, 2003: ‘‘human embryo or embryos’’ includes any orga- Senate completes its business today, it DEPARTMENT OF STATE nism, not protected as a human subject under 45 adjourn until 9:30 a.m., Tuesday, Sep- H. DOUGLAS BARCLAY, OF NEW YORK, TO BE AMBAS- CFR 46 as of the date of the enactment of this tember 16. I further ask that following SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF Act, that is derived by fertilization, par- THE UNITED STATES OF AMERICA TO THE REPUBLIC OF the prayer and pledge, the morning EL SALVADOR. thenogenesis, cloning, or any other means from hour be deemed expired, the Journal of W. ROBERT PEARSON, OF TENNESSEE, A CAREER MEM- one or more human gametes or human diploid proceedings be approved to date, the BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- cells. ISTER-COUNSELOR, TO BE DIRECTOR GENERAL OF THE time for the two leaders be reserved for FOREIGN SERVICE, VICE RUTH A. DAVIS. SEC. 511. (a) None of the funds made available RANDALL L. TOBIAS, OF INDIANA, TO BE COORDINATOR in this Act may be used for any activity that their use later in the day, and the Sen- OF UNITED STATES GOVERNMENT ACTIVITIES TO COM- promotes the legalization of any drug or other ate then begin consideration of cal- BAT HIV/AIDS GLOBALLY, WITH THE RANK OF AMBAS- substance included in schedule I of the sched- endar 269, S.J. Res. 17, the FCC resolu- SADOR. ules of controlled substances established by section, with the time until 10:45 equally CORPORATION FOR NATIONAL AND COMMUNITY tion 202 of the Controlled Substances Act (21 divided between the two leaders or SERVICE U.S.C. 812). their designees; provided that at 10:45 DAVID EISNER, OF MARYLAND, TO BE CHIEF EXECU- (b) The limitation in subsection (a) shall not TIVE OFFICER OF THE CORPORATION FOR NATIONAL a.m. the Senate proceed to the vote on AND COMMUNITY SERVICE, VICE LESLIE LENKOWSKY, apply when there is significant medical evidence RESIGNED. of a therapeutic advantage to the use of such passage of the joint resolution, and NATIONAL MEDIATION BOARD drug or other substance or that federally spon- that upon its disposition the Senate re- sored clinical trials are being conducted to de- sume consideration of H.R. 2754, the en- READ VAN DE WATER, OF NORTH CAROLINA, TO BE A MEMBER OF THE NATIONAL MEDIATION BOARD FOR A termine therapeutic advantage. ergy and water appropriations bill. TERM EXPIRING JULY 1, 2006, VICE FRANCIS J. DUGGAN, SEC. 512. None of the funds made available in I further ask consent that when the TERM EXPIRED. this Act may be obligated or expended to enter Senate resumes consideration of the DEPARTMENT OF THE INTERIOR into or renew a contract with an entity if— House message on S. 3, the partial- (1) such entity is otherwise a contractor with DAVID WAYNE ANDERSON, OF MINNESOTA, TO BE AN birth abortion ban, there be 6 hours of ASSISTANT SECRETARY OF THE INTERIOR, VICE NEAL A. the United States and is subject to the require- MCCALEB, RESIGNED. debate equally divided remaining under ment in section 4212(d) of title 38, United States IN THE AIR FORCE Code, regarding submission of an annual report the guidelines of the previous order. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT to the Secretary of Labor concerning employ- In addition, I ask consent that the IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ment of certain veterans; and Senate recess from 12:30 p.m. until 2:15 CATED UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 9801 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11500 CONGRESSIONAL RECORD — SENATE September 15, 2003 To be major general WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED BRIG. GEN. WILLIAM L. SHELTON, 0000 To be lieutenant general UNDER TITLE 10, U.S.C., SECTION 624: IN THE ARMY MAJ. GEN. FRANKLIN L. HAGENBECK, 0000 To be rear admiral (lower half) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE NAVY CAPT. ADAM M. ROBINSON JR., 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be lieutenant general WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND UNDER TITLE 10, U.S.C., SECTION 624: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: LT. GEN. WILLIAM E. WARD, 0000 To be vice admiral To be rear admiral (lower half) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED VICE ADM. TIMOTHY J. KEATING, 0000 CAPT. ROBERT F. BURT, 0000

VerDate Mar 15 2010 21:26 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 9801 E:\2003SENATE\S15SE3.REC S15SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 15, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1783 EXTENSIONS OF REMARKS

HONORING MAY W. NEWBURGER their Capital Asset Realignment for Enhanced source to help them better understand the sci- Services, the CARES program. As a rep- entific and technical issues underpinning com- HON. CAROLYN McCARTHY resentative of all veterans living in the 4th Dis- plex policy debates. Six different fellows have OF NEW YORK trict of Virginia, access to affordable health served on my staff and each one used their IN THE HOUSE OF REPRESENTATIVES care to those who have given so much for our unique talents and understanding to help shape my legislative agenda. Monday, September 15, 2003 nation is an important goal of mine. Health care for our nation’s veterans should After 30 years this program is still going Mrs. MCCARTHY of New York. Mr. Speak- be easily accessible and this realignment plan strong. Over 800 scientists have now served er, I rise in recognition of May Newburger, will help ease the hardship on those folks by Republican, Democratic and Independent who is serving her fifth term as North Hemp- lessening commuter time and truncating the Members of Congress, and many are currently stead Town Supervisor. May is an asset to our waiting period now a common part of health working for Congress and the Administration. community, and an excellent role model for care access. These individuals have contributed not only our younger generations. Put simply, May is I strongly support the option for an out- their scientific expertise but also a fresh per- my role model. patient clinic offering primary care services to spective to policymaking. Many Long Islanders know May Newburger be located in Emporia. The savings incurred Congratulations to AAAS for organizing this program, and, also to all the sponsoring sci- as the first female chief executive of a Nassau by the utilization of these clinics will be passed entific, engineering, and mathematical soci- County town. but she is much, much more on to those using the Department of Veterans’ eties that provide financial support. than that. A graduate of Hunter College and Affairs’ many services. Columbia University, May is an intelligent In Virginia, 142,000 veterans are enrolled in f woman who has worked on local, state and the Department of Veterans’ Affairs health HONORING REVEREND REGINALD national issues. care system. A great amount of the veterans TUGGLE Before becoming Supervisor, May spent two from my district must travel a long distance to years as a Town Councilwoman and eight see their primary care provider. I believe those years as a New York State Assemblywoman. HON. CAROLYN McCARTHY who cave so much for their country should not OF NEW YORK She has worked extensively on behalf of have to drive for miles to see a doctor for women and children by serving as a New York IN THE HOUSE OF REPRESENTATIVES basic medical needs. Keeping our commitment Monday, September 15, 2003 State delegate to the National White House to our veterans requires us to give them the Conference on Families, chairing the Amer- option of visiting with a doctor within a reason- Mrs. MCCARTHY of New York. Mr. Speak- ican Jewish Congress’ National Commission able distance. er, I rise in recognition of Reverend Reginald on Women’s Equality, among other commit- Through my work in the House and with Tuggle, Pastor of the thriving Memorial Pres- tees and commissions. Secretary of Veterans’ Affairs Anthony byterian Church in Roosevelt, Long Island. May’s efforts are endless. Under May’s re- Principi, I will work to offer all veterans a bet- The Memorial Presbyterian Church will honor sponsible and practical supervision, North ter quality of life. I look forward to the next few Reverend Tuggle on September 17, 2003. Reverend Tuggle has spent the past 30 Hempstead has transformed a $7 million months as the CARES Commission weighs years as a religious and community leader. A budget deficit to a $7.7 million surplus. In fact, the option of establishing a clinic facility in well educated and intelligent man, Reverend the town was the first on Long Island to adopt Emporia, Virginia and a final decision is made Tuggle has devoted his adult life to community a debt reduction plan that emphasized the by Secretary Principi. need for long-term strategies. May has built a service and improvement. Reverend Tuggle’s reputation around her dedication to the envi- f work as Pastor of Memorial Presbyterian ronment, securing $200,000 from the Environ- RECOGNIZING THE SIGNIFICANCE Church is evidence of his dedication to the mental Protection Agency to designate New OF THE ANNIVERSARY OF THE people of Roosevelt. Under his leadership, Cassel as a Brownfields Pilot Community. She AMERICAN ASSOCIATION FOR Memorial Presbyterian has grown from less is continually working to protect and preserve THE ADVANCEMENT OF SCIENCE than 50 members to now over 1,000; from an our local lands and waterways. CONGRESSIONAL SCIENCE AND uninvolved to one of the most community Today, as May Newburger nears her retire- ENGINEERING FELLOWSHIP PRO- service oriented churches in Nassau County. ment, I honor her for her numerous contribu- GRAM Most notable is Reverend Tuggle’s instru- tions to our community. May is the reason that mental role in establishing various youth out- I, along with many other women, had the cour- reach programs. The Memorial Scholarship age to enter politics and government service. HON. VERNON J. EHLERS Program annually awards scholarships to Not a day goes by without me reflecting on or OF MICHIGAN every graduating high school senior church using something May has taught me, and I am IN THE HOUSE OF REPRESENTATIVES member pursuing higher education. This has proud to call her my friend and mentor. Monday, September 15, 2003 translated into awards in excess of $200,000 Mr. Speaker, I thank May Newburger on be- over the past five years! Reverend Tuggle was Mr. EHLERS. Mr. Speaker, today I am also behind the Memorial Youth Outreach half of each and every person whose life she pleased to introduce a resolution recognizing has improved over her years of service. Council, a non-profit organization that matches the 30th anniversary of the Congressional at-risk students from the Roosevelt community f Science and Engineering Fellowship Program with positive mentors, and provides students RECOGNIZING THE CARES coordinated by the American Association for with scholarship awards upon completion of PROGRAM the Advancement of Science (AAAS). This is the mentorship program. a truly valuable educational program from the Reverend Tuggle also started the Memorial HON. J. RANDY FORBES perspective of both Members of Congress and Economic Development Corporation to the fellows that serve in it. It gives Ph.D.-level OF VIRGINIA strengthen the economic environment within scientists a wonderful opportunity to step out IN THE HOUSE OF REPRESENTATIVES Roosevelt. The Corporation’s past efforts have of the lab and into the political process. They included the purchase and renovation of Monday, September 15, 2003 get a behind the scenes look at how our laws houses in Roosevelt, and its current project is Mr. FORBES. Mr. Speaker, I rise today to are made by working as legislative assistants the construction of a much-needed state-of- recognize the Department of Veterans’ Affairs’ in Congressional offices—writing speeches, the-art health clinic. Capital Asset Realignment for Enhanced Serv- developing legislation, and serving as liaisons Reverend Tuggle’s reach extends beyond ices program. to Committees on which a Member serves. At Roosevelt and Long Island. An extensive trav- I was pleased to hear the news from the the same time, Members of Congress and eler, he has studied at Central Philippine Uni- Department of Veterans’ Affairs concerning other policy makers gain a valuable new re- versity and the University of Ghana. He has

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

VerDate jul 14 2003 03:43 Sep 16, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A15SE8.001 E15PT1 E1784 CONGRESSIONAL RECORD — Extensions of Remarks September 15, 2003 participated in policy conferences and church deadly biological agents have been imple- and helps them continue to lead active and missions to Russia, Israel, Jordan, Cuba, and mented, as well as protections to ensure the entertaining lives. One such program is the Haiti. safety of the food we eat and the water we Bluebird Bus tours the center sponsors. These Above and beyond all else, Reverend drink. Just last week, Health and Human Serv- trips include both educational and recreational Tuggle is a strong family man. He is married ices Secretary Tommy Thompson announced destinations such as Washington area muse- to Evette Beckett-Tuggle, and together they that Virginia will receive over $31 million in ums, Niagara Falls, and surprise locations on have three daughters. Federal funding to help bolster public health their ‘‘mystery tours.’’ Mr. Speaker, I thank Reverend Tuggle on preparedness, and make improvements to The center also provides local residents with behalf of every man, woman and child who hospitals to handle mass-casualty incidents. opportunities to volunteer and brighten the day has been touched by Reverend Tuggle’s Great strides have been made in securing of a senior citizen through programs that in- preaching and endless and selfless community our country and helping to fix some of the clude Meals on Wheels, which provides nutri- efforts. longstanding problems that we have had with tious, hot meals to homebound seniors, and f the Immigration and Naturalization Service. Friendly Visitors Volunteers who visit once a IN OBSERVANCE OF THE SECOND While there is still much left to do, we are week with seniors that may otherwise be so- ANNIVERSARY OF THE ATTACKS moving closer to a system that keeps terrorists cially isolated. The Loan Closet and Support OF SEPTEMBER 11, 2001 out of our country, yet provides a fair and effi- Services for seniors are two undertakings of cient service to those who justly migrate into the center which provide home care aids and the United States. match seniors and family members to the ap- HON. J. RANDY FORBES We are continuing to strengthen security in plicable resources available to them. OF VIRGINIA our airports, and have also taken steps to Mr. Speaker, in closing, I would like to thank IN THE HOUSE OF REPRESENTATIVES keep Americans safe while flying. Commercial the Prince William Senior Center at Monday, September 15, 2003 airline pilots are now trained and equipped Woodbridge for being a comprehensive re- Mr. FORBES. Mr. Speaker, it is hard to be- with firearms in the event of a terrorist attack source for the seniors and the community at lieve that two short years ago this day, our on-board the plane. In addition, the number of large. The services provided to maintain the Nation was plagued by horrendous and vi- Federal air marshals has been increased by health and quality of life of seniors, the volun- cious terrorist attacks against innocent Ameri- 5,000 to respond to potential terrorist threats teer opportunities, and the educational and cans in New York, Pennsylvania, and our very or attacks on commercial flights. recreational programs sponsored by the center own Commonwealth. I also introduced legislation that makes it truly are an integral part of the life of the September 11, 2001 was not the beginning easier to prosecute terrorists who try to use area’s seniors. I ask my colleagues to join me of terrorism against the United States. De- chemical weapons or other weapons of mass in applauding this exceptional and notable in- fense officials tell us that terrorism has posed destruction within the United States. I am stitution. a risk to our national security for decades, but hopeful that the Judiciary Committee will take f too often was not considered a large enough action on this important legislation soon. threat to heed those warnings. September 11 We grieved with each other two years ago SEPTEMBER SCHOOL OF THE awoke us to the threat of terrorism. It was for- for the loss of our loved ones, friends, neigh- MONTH—NEW YORK’S 4TH CON- ever bookmarked in our history as the day bors, coworkers and so many others who per- GRESSIONAL DISTRICT when life as Americans knew it, changed for- ished. Nothing will ever repair the losses we ever. suffered as a nation. But today, their memo- HON. CAROLYN McCARTHY The attacks on September 11, 2001 made ries live on in our hearts and minds. As Ameri- OF NEW YORK us feel horrified, scared and angry. But as a cans, we have always had a strong willing- IN THE HOUSE OF REPRESENTATIVES result of the senseless attacks, Americans ness to stand hand-in-hand when times are Monday, September 15, 2003 found a renewed sense of patriotism. Amer- tough. We must continue to show our patriot- ican flags began to fly not just from flagpoles, ism for our great Nation, and show the world Mrs. MCCARTHY of New York. Mr. Speak- but they appeared in windows, on doors and that America will not stand for terrorism. er, it is with great pride that I announce West vehicles. Just hours after the attacks, men, May God bless you and your family on this Hempstead High School in the West Hemp- women and children all across the country solemn day. stead Union Free School District as School of the Month in the Fourth Congressional District held vigils and waved flags showing support f for those who lost their lives. The terrorists for September 2003. took many lives and caused our Nation to RECOGNIZING THE PRINCE WIL- The principal of West Hempstead High grieve, but through that grief Americans rose LIAM SENIOR CENTER AT School is Catherine Kalina, Roseanne Scully up and refused to let those terrorists take WOODBRIDGE ON ITS 20TH ANNI- is the Assistant Principal and the Super- away their spirit and love of America. VERSARY intendent of Schools is Carol Eisenberg. This I visited the Pentagon a few days after Sep- is Catherine’s first year as Principal and I am tember 11, and I still remember so vividly the HON. TOM DAVIS confident she is going to do a wonderful job smell of terror surrounding the entire building OF VIRGINIA for the students, faculty, and community. West and complex. I was angry that such a brutal IN THE HOUSE OF REPRESENTATIVES Hempstead High School has over 900 students in grades 9–12. act of violence was committed against inno- Monday, September 15, 2003 cent people. I chose West Hempstead High School be- Since the tragedies, the Department of Mr. TOM DAVIS of Virginia. Mr. Speaker, I cause of the importance they place, not just Homeland Security was established to prevent would like to take this time to honor the Prince on the core curriculum, but on music and art terrorist attacks within the United States, re- William Senior Center at Woodbridge as it as well. Under the guidance of Steven duce U.S. vulnerability to terrorism, and most reaches its 20th anniversary on September Siracusa and Gail Sachs-McCurdy, the importantly, to share intelligence information 14, 2003. school’s music and art directors, respectively, among government agencies and depart- The Senior Center was first built in 1983 by West Hempstead High School has developed ments. Prince William County and renovated in 2002 an extremely strong program in each area. To Comprehensive anti-terrorism legislation to provide 10,000 square feet of space for its receive a diploma, students are required to provides new tools for law enforcement and many classes and services. Throughout its ex- earn one credit in music or art. Studies have for improved information sharing among Fed- istence the center has provided a gathering shown students who participate in music and eral agencies to address terrorist threats. A place for seniors from the tri-jurisdictional area the arts are more creative, imaginative, and ‘‘clearinghouse’’ was created to serve as the of Prince William County, the City of Manas- receive a more comprehensive education that central location where all foreign- and domes- sas, and the City of Manassas Park. will benefit them in their future endeavors. tically-generated terrorist threat and intel- The center is operated by the Prince William West Hempstead High School offers a com- ligence information is collected and reviewed. Area Agency on Aging, a part of the Prince prehensive music program including Music It is imperative that we harness that knowl- William County Government, and is one of the Theory, Band, Marching Band, Orchestra, edge and use it to protect all Americans and over 670 agencies in a national network of Chorus and Jazz Band. The arts program of- help stop terrorist networks. Area Agencies on Aging. The center provides fers an equally varies array of classes, ranging New laws are now in place to help prevent many wonderful chances for seniors to con- from creative crafts to advertising design to acts of bioterrorism. Enhanced controls on nect with one another and their community, studio in cartooning.

VerDate jul 14 2003 03:43 Sep 16, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15SE8.004 E15PT1 September 15, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1785 The school has reemphasized its commit- Now more than ever we need strong leader- Air National Guard Base. As the organization ment to offering a fully comprehensive edu- ship from our veterans’ service organizations of the Guard units at Selfridge evolved, Alice cational experience that will prepare each stu- to help us keep the promise to our veterans remained in public affairs and became a public dent for meaningful post-high school pursuits. and their families. From ensuring our veterans affairs specialist. In 1992, she became the A full regents program is offered ensuring the have continued access to timely, quality public affairs officer. high standards and expectations West Hemp- healthcare to supporting our soldiers currently In addition to being a busy Air Force wife stead has for its’ students will be met. Stu- serving overseas, the VFW is working hard on and mother to four children, Alice worked as dents are offered a wide-ranging variety of many battlefronts. a substitute teacher in the public schools, and courses, including advance placement and In his message to the VFW National Con- was active in chapel and garden club activi- college credit opportunities. vention in San Antonio last month, Ed Banas ties. Since 1972, she has been a member of Mr. Speaker, the faculty and students, along reminded us, ‘‘We are the veterans’ voice on Knox Church, where she is a Sunday School with the community, have created a wonderful Capitol Hill and while our battlefields may teacher and treasurer of the adult Sunday learning environment. I am proud to name have shifted from the sands of Iwo Jima to the School class. Alice is also a board member of West Hempstead High School the school of Halls of Congress that does not mean that we the Michigan Air Guard Historical Association, the month for September 2003. are any less resolved to accomplish our mis- a volunteer at the Selfridge Air Museum, and f sion today than we were then.’’ a member of the Mount Clemens Chapter of From the moment he first wore the uniform the Air Force Association, where she serves HONORING EDWARD BANAS, COM- of our great Nation to this very day, Ed Banas as military liaison. MANDER-IN-CHIEF, VETERANS has been a courageous, tireless and honor- Alice will soon be retiring, and she looks for- OF FOREIGN WARS able servant of our Nation and our people. He ward to spending more time with her family, has more missions to accomplish and I will be which now includes eight grandchildren. She HON. ROB SIMMONS proud to help him. As a Vietnam veteran, I am will combine that with the pursuit of studies OF CONNECTICUT keenly aware of the important role that the and hobbies that she has placed on the back- IN THE HOUSE OF REPRESENTATIVES VFW plays in the lives of America’s veterans. burner for awhile. Monday, September 15, 2003 Through its vast network of posts, the VFW Mr. Speaker, I hope my colleagues will join helps veterans build strong communities, and me in recognizing the greatness of America as Mr. SIMMONS. Mr. Speaker, I rise to recog- serves as a vital resource to its members, found in Alice Errington and people like her. I nize and honor my constituent and fellow Viet- from World War II era veterans up to our yield back the remainder of my time. nam veteran, Edward S. Banas, Sr. of newly returning soldiers from Iraq. I know that f Voluntown, Connecticut on his election as Na- Ed Banas has all the energy and enthusiasm tional Commander-in-Chief of the Veterans of necessary to make his year as Commander- RECOGNIZING THE OUTSTANDING Foreign Wars. in-Chief of the VFW a successful one. EFFORTS OF SABRINA MONN Edward S. Banas, Sr. served as a Military Ed and his wife Sandra, a nurse at the Policeman in the United States Army during Westerly Hospital, are the proud parents of HON. BILL SHUSTER the Vietnam War. By his honorable service five children, and live in Voluntown, Con- OF PENNSYLVANIA from 1965 to 1968 he was awarded the Viet- necticut. IN THE HOUSE OF REPRESENTATIVES nam Campaign Medal, Vietnam Service Mr. Speaker, I am honored to recognize my Monday, September 15, 2003 Medal, National Defense Medal and the Army friend and constituent, Edward Banas, Sr. and Good Conduct Medal. After Vietnam, Ed to extend to him my heartiest congratulations Mr. SHUSTER. Mr. Speaker, I rise today to Banas joined the Norwich Police Department for his years of wonderful service. I wish him commend and highlight the heroic acts of one in 1968, and served with the department for and his family all the best as he begins his of my constituents who has taken a leading more than 10 years. Whether protecting our new tour of duty as the Veterans of Foreign role in the rebuilding of Afghanistan. Nation and our freedom abroad or protecting Wars National Commander-in-Chief for 2003– Sabrina Monn, a 1998 graduate of James and serving the members of his community, 2004. Buchanan High School in the Mercersburg Ed Banas has dedicated himself to making life area, was among the reserves called up to f better for our people. serve with the U.S. Army’s 109th Mobile Pub- In Vietnam, Ed Banas formed a solid bond TRIBUTE TO ALICE ERRINGTON lic Affairs Detachment in Afghanistan. with his comrades-in-arms that inspired his Sabrina made the most of her tour. Through volunteer service as a veterans’ advocate for HON. CANDICE S. MILLER e-mails to Mrs. Mary Stoner, a former teacher more than 30 years. We honor that service OF MICHIGAN of hers at James Buchanan, Sabrina has here today. His tour of duty in South Vietnam IN THE HOUSE OF REPRESENTATIVES brought to life what an amazing job our troops made him eligible for the Veterans of Foreign are doing in Afghanistan. Sabrina has also Wars, and he joined VFW Post 1004 in Jewett Monday, September 15, 2003 eloquently outlined to current students the City, Connecticut in 1967 where he is a Life Mrs. MILLER of Michigan. Mr. Speaker, in hardships of what the citizens of Afghanistan Member. Since joining the VFW, Ed Banas the hustle and bustle of doing the people’s endured while under the oppression of the has served in a variety of Post-level positions, work here in the Nation’s capital, we some- Taliban. including Post Commander. At the district times neglect to recognize the people who Equally as important, Sabrina has high- level, he earned the honor of All-American make America the great nation that she is. lighted the amazing work she and other mem- District Commander. He served as Depart- America’s greatness can be found in everyday bers of our reserves are doing in Afghanistan ment Commander of Connecticut in 1993–94. people who work hard, raise their children as to rebuild their country and to return freedom Ed Banas never forgot his comrades who best they can, and sacrifice for their country. to the people. fell in battle in Vietnam. In February, while In short, America’s greatness can be found in In her correspondence, Sabrina rightly notes serving as Junior Vice Commander-In-Chief, people like Alice Errington of Harrison Town- that the effort we are making in Afghanistan Ed and a delegation from the VFW took part ship, MI. goes a long way in helping the country rebuild, in a 10–day visit to Thailand and Vietnam to Alice was born and raised on Staten Island, not only with concrete and pavement, but with gather information on Americans missing from New York, and attended Hunter College in compassion and support. the war in Southeast Asia and to press the Manhattan. In 1951, she married Bill Errington The students at Sabrina’s old high school issue of POW/MIAs to the government of Viet- just after he completed pilot training in the have responded remarkably. Recently, they nam. Through the efforts of Ed Banas and the United States Air Force. The couple lived in took up Sabrina’s call to action and collected VFW, we are working to bring those soldiers Texas, Arizona, Florida, Bermuda, California, well over $1,000 to send to the village where home. They are not remains; they are heroes and New Mexico before moving, to Michigan Sabrina was stationed. They did not stop and we will never forget them. Today our men in 1966. Their first two children, Glenn and there, they also have sent more than 50 boxes and women in uniform are defending our Na- Claire, were born in Arizona, son Daniel in of school supplies, clothing and toys. The ef- tion and our interests in dangerous and distant Bermuda, and daughter Joan in California. forts of Sabrina and the community have truly places. We will honor the sacrifices they and After Bill retired from the Air Force, the family made a difference. their families are making and we will never for- moved to Harrison Township, MI. This is America at its best. The attacks of get the sacrifices that have been made by Alice started her career in public affairs in September 11th have shown to the world that those who went before. 1973 as a GS–03 clerk-typist at the Selfridge the United States will act swiftly to rid the

VerDate jul 14 2003 03:43 Sep 16, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15SE8.007 E15PT1 E1786 CONGRESSIONAL RECORD — Extensions of Remarks September 15, 2003 world of terrorism. But the attacks also rallied FREEDOM SERVICE DOGS Whereas, Freedom Service Dogs saves the the American people to display compassion lives of dozens of good dogs abandoned in for others. HON. BOB BEAUPREZ animal shelters by training them for service to those with mobility impairments, and, Whether displayed through the incredible OF COLORADO Whereas, Freedom Service Dogs provides heroism exhibited by the firefighters and res- IN THE HOUSE OF REPRESENTATIVES people with mobility impairments to more fully Monday, September 15, 2003 cue workers in New York City, the Pentagon participate in their community, and enjoy in- or a field in Somerset County, or the out- Mr. BEAUPREZ. Mr. Speaker, it is an honor creased confidence, self-esteem and social pouring of donations from around the country to rise today and deliver this Proclamation acceptance, and, for the impoverished people in Afghanistan, honoring Freedom Service Dogs, Inc. on the Whereas, Freedom Service Dogs is a chari- Americans have met the challenge. Occasion of its 16th Anniversary. table organization that charges no fees for its Whereas, Freedom Service Dogs is cele- service and relies on the support of our com- Mr. Speaker, Sabrina Monn is a classic ex- brating its 16th year of exemplary service to munity to perform its good work, and, ample of America at its best. She embodies people with mobility impairments by providing the spirit that will allow us to overcome the them with service dogs and, Whereas, Freedom Service Dogs serves as challenges represented by September 11th Whereas, Freedom Service Dogs was a model for improving our community by helping those who live in it. and propel us to a brighter future. I commend founded by Mike Roche, who served the peo- The Congressman of the 7th District of the her for all of her efforts and encourage others ple of Colorado as a paramedic, and P.J. State of Colorado, The Honorable BOB to take her and James Buchanan High Roche, a dog trainer, and Whereas, Freedom Service Dogs provides BEAUPREZ issues this proclamation of con- School’s example in making America and the enhanced independence of Colorado citizens gratulations and recognition to Freedom Serv- world a better place to live. with mobility impairments by training dogs to ice Dogs celebrating 16 years of service and open doors, turn on lights, pull wheelchairs, commends this extraordinary organization to pick up dropped items, tug on and off clothing, our fellow citizens. and alert for help when needed and,

VerDate jul 14 2003 03:43 Sep 16, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A15SE8.011 E15PT1 September 15, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1787 SENATE COMMITTEE MEETINGS ment strategies to combat gang vio- lish a program to control or eradicate Title IV of Senate Resolution 4, lence in America. tamarisk in the western States, S. 1516, SD–226 to further the purposes of the Reclama- agreed to by the Senate on February 4, 2:30 p.m. tion Projects Authorization and Ad- 1977, calls for establishment of a sys- Commerce, Science, and Transportation justment Act of 1992 by directing the tem for a computerized schedule of all To hold hearings to examine the nomina- Secretary of the Interior, acting meetings and hearings of Senate com- tions of Gwendolyn Brown, of Virginia, through the commissioner of Reclama- mittees, subcommittees, joint commit- to be Chief Financial Officer, National tion, to carry out an assessment and tees, and committees of conference. Aeronautics and Space Administration, demonstration program to assess po- This title requires all such committees Karen K. Bhatia, of Maryland, to be an tential increases in water availability to notify the Office of the Senate Daily Assistant Secretary of Transportation, for Bureau of Reclamation projects and Digest—designated by the Rules com- and Charles Darwin Snelling, of Penn- other uses through control of salt cedar mittee—of the time, place, and purpose sylvania, to be a Member of the Board and Russian olive, H.R. 856, to author- of Directors of the Metropolitan Wash- of the meetings, when scheduled, and ize the Secretary of the Interior to re- ington Airports Authority. vise a repayment contract with the any cancellations or changes in the SR–253 Tom Green County Water Control and meetings as they occur. Foreign Relations Improvement District No. 1, San An- As an additional procedure along International Economic Policy, Export and gelo project, Texas, and H.R. 961, to with the computerization of this infor- Trade Promotion Subcommittee promote Department of the Interior ef- mation, the Office of the Senate Daily To hold hearings to examine West Africa forts to provide a scientific basis for Digest will prepare this information for and Latin America in relation to U.S. the management of sediment and nu- printing in the Extensions of Remarks Energy Security. trient loss in the Upper Mississippi section of the CONGRESSIONAL RECORD SD–419 River Basin. on Monday and Wednesday of each SD–366 SEPTEMBER 18 week. Intelligence Meetings scheduled for Tuesday, Sep- 9 a.m. To hold closed hearings to examine cer- tember 16, 2003 may be found in the Environment and Public Works tain intelligence matters. Business meeting to consider a bill to ex- SH–219 Daily Digest of today’s RECORD. tend the authority of TEA–21 (Trans- MEETINGS SCHEDULED portation Equity Act for the 21st Cen- SEPTEMBER 23 tury) for five months, to be imme- 10 a.m. SEPTEMBER 17 diately followed by a hearing to con- Banking, Housing, and Urban Affairs sider the nomination of Michael O. 10 a.m. To hold hearings to examine the imple- Leavitt, of Utah, to be Administrator Commerce, Science, and Transportation mentation of the Sarbanes-Oxley Act of the Environmental Protection Agen- To hold hearings to examine digital right and restoring investor confidence. cy. management and privacy issues. SD–538 SD–406 SR–253 Health, Education, Labor, and Pensions 9:30 a.m. Energy and Natural Resources To hold hearings to examine health tech- Foreign Relations Business meeting to consider pending nology. To hold hearings to examine how to calendar business. SD–430 internationalize Iraq reconstruction SD–366 and organize the U.S. government to Finance SEPTEMBER 24 administer reconstruction efforts. Business meeting to consider S. 1548, to 10 a.m. amend the Internal RevenueCode of TBD 10 a.m. Health, Education, Labor, and Pensions 1986 to provide incentives for the pro- Business meeting to consider pending duction of renewable fuels and to sim- Health, Education, Labor, and Pensions Aging Subcommittee calendar business. plify the administration of the High- SD–430 way Trust Fund fuel excise taxes, Ex- To hold hearings to examine financial abuse of the elderly. Indian Affairs tension of Highway Trust Fund Provi- To hold hearings to examine S. 1601, to sions, and National Employee Savings SD–430 Banking, Housing, and Urban Affairs amend the Indian Child Protection and and Trust Equity Guarantee Act. Family Violence Prevention Act to SD–215 Business meeting to markup the Na- provide for the reporting and reduction Governmental Affairs tional Consumer Credit Reporting Sys- of child abuse and family violence To hold hearings to examine what can be tem Improvement Act of 2003 and the incidences on Indian reservations. done to ensure the future viability of Defense Production Reauthorization SR–485 the U.S. Postal Service. Act of 2003. SD–342 SD–538 SEPTEMBER 25 Indian Affairs Commerce, Science, and Transportation To hold hearings to examine S. 420, to Surface Transportation and Merchant Ma- 9:30 a.m. provide for the acknowledgement of rine Subcommittee Armed Services the Lumbee Tribe of North Carolina. To hold hearings to examine railroad To hold hearings to examine the report SR–485 shipper issues and S. 919, to amend of the Panel to Review Sexual Mis- Judiciary title 49, United States Code, to enhance conduct Allegations at the United To hold hearings to examine the nomina- competition among and between rail States Air Force Academy. tions of Margaret Catharine Rodgers, carriers in order to ensure efficient rail SH–216 to be United States District Judge for service and reasonable rail rates. 10 a.m. the Northern District of Florida, Roger SR–253 Health, Education, Labor, and Pensions W. Titus, to be United States District 10:30 a.m. To hold hearings to examine intellectual Judge for the District of Maryland, Judiciary diversity. George W. Miller, of Virginia, to be a Business meeting to consider pending SD–430 Judge of the United States Court of calendar business. Indian Affairs Federal Claims, and David W. SD–226 To hold hearings to examine proposed McKeague, of Michigan, to be United 2:30 p.m. legislation to reauthorize the Head States Circuit Judge for the Sixth Cir- Judiciary Start program. cuit. Immigration, Border Security and Citizen- Room to be announced SD–226 ship Subcommittee 2:30 p.m. 1:30 p.m. To hold hearings to examine state and Foreign Relations Conferees local law enforcement of immigration To hold hearings to examine the nomina- Meeting of conferees on H.R. 2555, mak- laws in relation to stopping terrorism. tions of Richard Eugene Hoagland, of ing appropriations for the Department SD–226 the District of Columbia, to be Ambas- of Homeland Security for the fiscal Energy and Natural Resources sador to the Republic of Tajikistan, year ending September 30, 2004. Water and Power Subcommittee Pamela P. Willeford, of Texas, to be S–128, Capitol To hold hearings to examine S. 213, to Ambassador of the United States of 2 p.m. clear title to certain real property in America to Switzerland, and to serve Judiciary New Mexico associated with the Middle concurrently and without additional To hold hearings to examine effective Rio Grande Project, S. 1236, to direct compensation as Ambassador to the federal, state and local law enforce- the Secretary of the Interior to estab- Principality of Liechtenstein, and

VerDate jul 14 2003 03:43 Sep 16, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\M15SE8.000 E15PT1 E1788 CONGRESSIONAL RECORD — Extensions of Remarks September 15, 2003 James Casey Kenny, of Illinois, to be OCTOBER 2 OCTOBER 21 Ambassador to Ireland. 2 p.m. 10 a.m. SD–419 Indian Affairs Indian Affairs To hold hearings to examine S. 1438, to To hold hearings to examine S. 1565, to SEPTEMBER 30 provide for equitable compensation of reauthorize the Native American Pro- 10 a.m. the Spokane Tribe of Indians of the grams Act of 1974. Banking, Housing, and Urban Affairs Spokane Reservation in settlement of SR–485 To hold hearings to examine the state of claims of the Tribe concerning the contribution of the Tribe to the produc- the securities industry. POSTPONEMENTS SD–538 tion of hydropower by the Grand Cou- Health, Education, Labor, and Pensions lee Dam. SR–485 SEPTEMBER 17 Substance Abuse and Mental Health Serv- ices Subcommittee 10 a.m. OCTOBER 16 To hold hearings to examine underage Health, Education, Labor, and Pensions drinking. 10 a.m. Substance Abuse and Mental Health Serv- SD–430 Indian Affairs ices Subcommittee To hold hearings to examine the Mis- To hold hearings to examine the report souri River Master Manual. of the Mental Health Commission. SR–485 SD–430

VerDate jul 14 2003 03:43 Sep 16, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\M15SE8.000 E15PT1 Monday, September 15, 2003 Daily Digest Senate the rule submitted by the Federal Communications Chamber Action Commission with respect to broadcast media owner- Routine Proceedings, pages S11429–S11500 ship, at 9:30 a.m, on Tuesday, September 16, 2003, Measures Introduced: Four bills and two resolu- with 75 minutes of debate remaining, and a vote on tions were introduced, as follows: S. 1614–1617, S. final passage to occur thereon. Page S11499 Res. 225, and S. Con. Res. 68. Pages S11478–79 Ticket to Work and Work Incentives Advisory Measures Reported: Panel: The Chair, on behalf of the Democratic Lead- Reported on Monday, September 15, during the er, after consultation with the Ranking Member of adjournment: the Senate Committee on Finance, pursuant to Pub- S. 189, to authorize appropriations for lic Law 106–170, announced the appointment of nanoscience, nanoengineering, and nanotechnology Andrew J. Imperator, of Maryland, to service as a research, with an amendment in the nature of a sub- member of the Ticket to Work and Work Incentives Advisory Panel, vice Christine M. Griffin, of Massa- stitute. (S. Rept. No. 108–147) Page S11478 chusetts. Page S11499 Energy and Water Development Appropriations: Senate resumed consideration of H.R. 2754, making Nominations Received: Senate received the fol- appropriations for energy and water development for lowing nominations: the fiscal year ending September 30, 2004, striking H. Douglas Barclay, of New York, to be Ambas- all after the enacting clause and inserting in lieu sador to the Republic of El Salvador. thereof the text of S. 1424, Senate companion meas- W. Robert Pearson, of Tennessee, to be Director ure, taking action on the following amendment pro- General of the Foreign Service. Randall L. Tobias, of Indiana, to be Coordinator posed thereto: Pages S11435–51 of United States Government Activities to Combat Pending: HIV/AIDS Globally, with the rank of Ambassador. Feinstein Amendment No. 1655, to prohibit the David Eisner, of Maryland, to be Chief Executive use of funds for Department of Energy activities re- Officer of the Corporation for National and Commu- lating to the Robust Nuclear Earth Penetrator, Ad- nity Service. vanced Weapons Concepts, modification of the readi- Read Van de Water, of North Carolina, to be a ness posture of the Nevada Test Site, and the Mod- Member of the National Mediation Board for a term ern Pit Facility, and to make the amount of funds expiring July 1, 2006. made available by the prohibition for debt reduction. David Wayne Anderson, of Minnesota, to be an Page S11436 Assistant Secretary of the Interior. A unanimous-consent agreement was reached pro- 1 Air Force nomination in the rank of general. viding for further consideration of the bill, on Tues- 2 Army nominations in the rank of general. day, September 16, 2003. Page S11499 3 Navy nominations in the rank of admiral. Partial-Birth Abortion Ban House Message: Sen- Pages S11499–S11500 ate began consideration of a motion to go to con- Measures Referred: Page S11475 ference on S. 3, to prohibit the procedure commonly known as partial-birth abortion: Pages S11453–54 Measures Held at Desk: Page S11475 A unanimous-consent agreement was reached pro- Petitions and Memorials: Pages S11475–78 viding for further consideration of the motion, at a Additional Cosponsors: Pages S11479–80 time determined by the Majority Leader, after consultation with the Democratic Leader, with six hours Statements on Introduced Bills/Resolutions: Pages S11480–85 of debate remaining. Page S11499 FCC Media Ownership—Agreement: Senate will Additional Statements: Pages S11473–75 resume consideration of S.J. Res. 17, disapproving Amendments Submitted: Page S11485 D993 D994 CONGRESSIONAL RECORD — DAILY DIGEST September 15, 2003

Authority for Committees to Meet: Page S11485 national Security concluded a hearing on defined Notices of Hearings/Meetings: Page S11485 benefit pension plans and the Pension Benefits Guar- anty Corporation, focusing on specific changes that Text of H.R. 2660 as Previously Passed: may be required within the current pension system Pages S11485–99 to help ensure the financial stability of companies Adjournment: Senate met at 1 p.m., and adjourned with underfunded pension liabilities, after receiving at 7:34 p.m., until 9:30 a.m., on Tuesday, Sep- testimony from Peter R. Fisher, Under Secretary of tember 16, 2003. (For Senate’s program, see the re- the Treasury for Domestic Finance; Steven A. marks of the Acting Majority Leader in today’s Kandarian, Pension Benefit Guaranty Corportation; Record on page S11499.) Kathy Cissna, R.J. Reynolds, Winston-Salem, North Carolina, on behalf of the American Benefits Coun- Committee Meetings cil; Norman P. Stein, University of Alabama School of Law, Tuscaloosa, on behalf of the Pension Rights (Committees not listed did not meet) Center; and Christopher W. O’Flinn, AT&T Cor- poration, on behalf of the ERISA Industry Com- BENEFIT PENSION PLANS mittee, John P. Parks, American Academy of Actu- Committee on Governmental Affairs: Subcommittee on aries, and J. Mark Iwry, The Brookings Institution, Financial Management, the Budget, and Inter- all of Washington, D.C. h House of Representatives Message from the Clerk: The Clerk of the House Chamber Action received a message from the Senate on September 12 Measures Introduced: 2 resolutions, H. Con. Res. that the Senate passed H.R. 978—clearing the bill 279, and H. Res. 367, were introduced. Page H8222 for the President. Page H8219 Additional Cosponsors: Page H8222 Adjournment: The House met at 12 p.m. and ad- Reports Filed: Reports were filed as follows: journed at 12:04 p.m. H.R. 1038, to increase the penalties to be imposed for a violation of fire regulations applicable to Committee Meetings the public lands, National Park System lands, or Na- MISCELLANEOUS MEASURES; DC—SOCIO- tional Forest System lands when the violation results ECONOMIC ISSUES FACING BLACK MEN in damage to public or private property, to specify AND BOYS IN DC the purpose for which collected fines may be used, and for other purposes, amended, (H. Rept. Committee on Government: On September 12, the Com- 108–218, Pt. 3); and mittee ordered reported the following measures: H. Con. Res. 71, recognizing the importance of Ralph H.J. Res. 63, to approve the ‘‘Compact of Free Bunche as one of the great leaders of the United Association, as amended between the Government of States, the first African-American Nobel Peace Prize the United States of America and the Government winner, an accomplished scholar, a distinguished of the Federated States of Micronesia,’’ and the diplomat, and a tireless campaigner of civil rights for ‘‘Compact of Free Association, as amended between people throughout the world; H. Con. Res. 262, ex- the Government of the United States of America and pressing the sense of the Congress in support of the the Government of the Republic of the Marshall Is- National Anthem ‘‘SingAmerica’’ project; H. Res. lands,’’ and otherwise to amend Public Law 99–239, 262, supporting the goals and ideals of Pancreatic and to approperiate for the purposes of amended Cancer Awareness Month; H. Res. 306, congratu- Public Law 99–239 for fiscal years ending on or be- lating the New York Yankees on the occasion of fore September 30, 2023, amended, (H. Rept. their 100th anniversary; H. Res. 352, remembering 108–262, Pts. 2 and 3). Page H8222 and honoring the March on Washington of August Speaker Pro Tempore: Read a letter from the 28, 1963; H.R. 1882, to designate the facility of the Speaker wherein he appointed Representative United States Postal Service located at 440 South Aderholt to act as Speaker Pro Tempore for today. Orange Blossom Trail in Orlando, Florida, as the Page H8219 ‘‘Arthur ‘Pappy’ Kennedy Post Office;’’ H.R. 1883, September 15, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D995 to designate the facility of the United States Postal amine the continuity of the United States government in Service located at 1601–1 Main Street in Jackson- relation to the Presidency, 9:30 a.m., SR–325. ville, Florida, as the ‘‘Eddie Mae Steward Post Of- Full Committee, to hold hearings to examine the im- fice;’’ H.R. 2452, to designate the facility of the portance of the H–1B visa to the American economy, United States Postal Service located at 339 Hicks- 2:30 p.m., SD–226. ville Road in Bethpage, New York, as the ‘‘Brian C. Committee on Rules and Administration: with the Com- Hickey Post Office Building;’’ and H.R. 2826, to mittee on the Judiciary, to hold joint hearings to examine designate the facility of the United States Postal the continuity of the United States government in relation to the Presidency, 9:30 a.m., SR–325. Service located at 1000 Avenida Sanchez Osorio in Committee on Veterans’ Affairs: to hold joint hearings Carolina, Puerto Rico, as the ‘‘Robert Clemente with the House Committee on Veterans’ Affairs to receive Walker Post Office Building.’’ the legislative presentation of The American Legion, 10 The Committee also held a hearing entitled a.m., SH–216. ‘‘Black Men and Boys in the District of Columbia and Their Impact on the Future of the Black Fam- House ily.’’ Testimony was heard from Paul A. Quander, Committee on Government Reform, hearing on ‘‘Holocaust Director, Court Services and Offender Supervision Era Insurance Restitution after AIA v. Garamedi: Where Agency, District of Columbia; and public witnesses. Do We Go From Here?’’ 2 p.m., 2154 Rayburn. f Committee on International Relations, Subcommittee on Middle East and Central Asia, hearing on Syria: Implica- COMMITTEE MEETINGS FOR TUESDAY, tions for U.S. Security and Regional Stability—Part I, 10 SEPTEMBER 16, 2003 a.m., 2172 Rayburn. (Committee meetings are open unless otherwise indicated) Committee on Resources, Subcommittee on National Parks, Recreation and Public Lands, hearing on the fol- Senate lowing bills: H.R. 280, National Aviation Heritage Area Committee on Banking, Housing, and Urban Affairs: to Act; H.R. 646, Fort Donelson National Battlefield Act of hold hearings to examine the nominations of Harvey S. 2003; H.R. 1594, St. Croix National Heritage Area Rosen, of New Jersey, and Kristin J. Forbes, of Massachu- Study Act; H.R. 1618, Arabia Mountain National Herit- setts, each to be a Member of the Council of Economic age Area Act; and H.R. 1862, Oil Region National Her- Advisers, Julie L. Myers, of Kansas, to be Assistant Sec- itage Act, 2 p.m., 1334 Longworth. retary of Commerce for Export Enforcement, and Peter Committee on Rules, to consider H.R. 7, Charitable Giv- Lichtenbaum, of Virginia, to be Assistant Secretary of ing Act of 2003, 5 p.m., H–313 Capitol. Commerce for Export Administration, 10 a.m., SD–538. Select Committee on Homeland Security, Subcommittee on Subcommittee on International Trade and Finance, to Cybersecurity, Science, and Research and Development, hold hearings to examine financial reconstruction in Iraq, hearing entitled ‘‘The Invisible Battleground: What the 2:30 p.m., SD–538. Department of Homeland Security is Doing to Make Committee on Environment and Public Works: Sub- America’s Cyberspace More Secure,’’ 9:30 a.m., 2118 committee on Fisheries, Wildlife, and Water, to hold Rayburn. oversight hearings to examine the implementation of the Clean Water Act, 9:30 a.m., SD–406. Joint Meetings Committee on Governmental Affairs: to hold oversight hearings to examine the future of the GAO; to be imme- Joint Meetings: Senate Committee on Veterans’ Affairs, diately followed by a hearing to consider the nomination to hold joint hearings with the House Committee on of C. Suzanne Mencer, of Colorado, to be the Director of Veterans’ Affairs to receive the legislative presentation of the Office for Domestic Preparedness, Department of The American Legion, 10 a.m., SH–216. Homeland Security, 9:30 a.m., SD–342. Commission on Security and Cooperation in Europe: to hold Committee on the Judiciary: with the Committee on hearings to examine the current situation and future of Rules and Administration, to hold joint hearings to ex- Chechnya, 1:30 p.m., HC–334, Capitol. D996 CONGRESSIONAL RECORD — DAILY DIGEST September 15, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, September 16 12:30 p.m., Tuesday, September 16

Senate Chamber Program for Tuesday: Consideration of Suspensions: Program for Tuesday: Senate will resume consideration (1) S. 520, Fremont-Mason Conveyence Act; (2) H.R. 2040, to amend the Irrigation Project Con- of S.J. Res. 17, FCC Media Ownership, with the time tract Extension Act of 1998 to extend certain contracts until 10:45 a.m. equally divided for debate, following between the Bureau of Reclamation and certain irrigation which, Senate will vote on final passage of the resolution. water contractors in the States of Wyoming and Ne- Also, Senate will continue consideration of the motion to braska; go to conference on S. 3, Partial-Birth Abortion Ban Act. (3) H.R. 1284, to amend the Reclamation Projects Au- Additionally, Senate will continue consideration of thorization and Adjustment Act of 1992 to increase the H.R. 2754, Energy and Water Development Appropria- Federal share of the costs of the San Gabriel Basin dem- tions. onstration project; (Senate will recess from 12:30 p.m. until 2:15 p.m. for their (4) H. Con. Res. 235, celebrating the life and achieve- respective party conferences.) ments of Lawrence Eugene ‘‘Larry’’ Doby; (5) S. 678, Postmaster Equity Act of 2003; and (6) H.R. 13, Museum and Library Services Act of 2003.

Extensions of Remarks, as inserted in this issue

HOUSE

Beauprez, Bob, Colo., E1786 Davis, Tom, Va., E1784 Ehlers, Vernon J., Mich., E1783 Forbes, J. Randy, Va., E1783, E1784 McCarthy, Carolyn, N.Y., E1783, E1783, E1784 Miller, Candice S., Mich., E1785 Shuster, Bill, Pa., E1785 Simmons, Rob, Conn., E1785

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $217.00 for six months, $434.00 per year, or purchased for $6.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (866) 512–1800 (toll free), (202) 512–1800 (D.C. Area), or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.