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

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

Vol. 149 WASHINGTON, FRIDAY, JULY 25, 2003 No. 112 Senate (Legislative day of Monday, July 21, 2003)

The Senate met at 9:30 a.m., on the but when any life, long or short, is There will be no rollcall votes today. expiration of the recess, and was called faithfully spent for the good of others But it is still the expectation that to order by the President pro tempore and Thou, O God, art its goal, then Members will be available to debate (Mr. STEVENS). powerless death is swallowed up in the the amendments. The PRESIDENT pro tempore. This victory of life eternal. Also, today it is expected that the morning, the Senate will be led in Grant to these Senators of this 108th Senate will debate the Free Trade prayer by the Reverend Campbell Congress a daily awareness of this larg- Agreement relative to Chile and Singa- Gillon, Pastor Emeritus of the George- er context, as they use talents en- pore. Some Members have indicated town Presbyterian Church. trusted and opportunities sent. Help that they desire to speak on these them to match the one with the other agreements today, and they will have PRAYER as they strive for this peoples’ long- that opportunity following the Energy The guest Chaplain offered the fol- term good and the human family’s bill. lowing prayer: gain. And upon them individually and Under an order from last night, the Let us pray. together we ask Thy blessing. Amen. next rollcall vote will occur on Monday Eternal God, before Whom the chil- at 5 p.m. That vote will be the nomina- f dren of humanity rise and pass away, tion of Earl Yeakel to be a United the living who seek Thee find a faith- PLEDGE OF ALLEGIANCE States District Judge for the Western fulness that knows no end. Thy love The PRESIDENT pro tempore led the District of Texas. transcends not only time and space, Pledge of Allegiance, as follows: Following the 5 p.m. vote on Monday, but human evil in its arrogance and the Senate will also vote in relation to cruelty, prejudice and pride. Teach us I pledge allegiance to the Flag of the United States of America, and to the Repub- any available amendments to the En- that we do not exist by ourselves, in lic for which it stands, one nation under God, ergy bill, as well as the Chile and ourselves and for ourselves, but only indivisible, with liberty and justice for all. Singapore trade agreements. learn what life means when in a true Finally, a cloture motion will be f relationship with others and with filed today on Priscilla Owen’s nomina- Thee. Teach us that our context is not RESERVATION OF LEADER TIME tion to the United States Circuit for an accidental cosmos but a purposeful The PRESIDENT pro tempore. Under the Fifth Circuit. This will be the third Creator; our destiny no cosmic acci- the previous order, leadership time is cloture motion on this nomination. dent but a love-fashioned creation, and reserved. That vote will occur on Tuesday. Thy self-revelation, O God, the key to I thank Members for their attention. our knowledge of the dust and the di- f f vine. RECOGNITION OF THE ACTING We mortals are made in Thine image, MORNING BUSINESS MAJORITY LEADER which is certainly not dust. If we deny Mr. CRAIG. Mr. President, I ask or ignore the revelation of Thy Word, The PRESIDENT pro tempore. The unanimous consent to proceed in morn- then we make the dust our final goal Senator from Idaho is recognized. ing business for no longer than 2 min- and our way to it paved, at best, with f utes. ephemeral success, or, at worst, with The PRESIDENT pro tempore. Is SCHEDULE evil done and its sad harvest multi- there objection? plied. Lord, we know that this need not Mr. CRAIG. Mr. President, this Without objection, it is so ordered. be so. When we acknowledge that our morning the Senate will resume con- f destiny is in Thee then the past can be sideration of S. 14, the Energy bill. forgiven, the present empowered and Three fuel standard amendments were A TRIBUTE TO THE IDAHO the future unchecked by death. In- offered last night. Senators are encour- FALLEN FIREFIGHTERS crease this faith in all homes whose aged to come to the floor during to- Mr. CRAIG. Mr. President, the reason loved ones have died and in particular day’s session to debate these pending I ask for this privilege is to speak to those whose beloved have been serving amendments. Other amendments are my colleagues in the Senate about two this Nation’s present and future safety. expected during today’s session with families in Idaho who have just lost Death is pointless especially to those the hope of making further progress on their sons fighting wildfires. My sym- for whom life is ultimately pointless, the bill. pathy to the families of Jeff Allen of

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

S9925

VerDate Jan 31 2003 01:46 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.000 S25PT1 S9926 CONGRESSIONAL RECORD — SENATE July 25, 2003 Salmon, ID, and Shane Heath of the But those members of the sub- from percentages in the low 40s to the Treasure Valley of Idaho. These brave committee staff I particularly want to 60s. And, of course, as the Presiding Of- men lost their lives while trying to single out for praise and my expression ficer knows, the senior Senator from save our public lands from a cata- of appreciation this morning are: Re- Alaska, Alaska became during that pe- strophic wildfire in the Salmon-Challis becca Davies, Carol Cribbs, James riod of several decades a prime pro- National Forest, this past Tuesday, Hayes, Les Spivey, Rachelle Schroeder, ducer of high-quality crude for this Na- July 22. Both men were experienced Josh Manley, and our intern Ferriday tion, and still has tremendous oil re- firefighters of the Indianola Helitack Mansel. I am deeply grateful to them. serves in Alaska that could be made Crew. f available if the politics were allowed to My heart and prayers are with the let that happen. But that has not hap- ENERGY POLICY ACT OF 2003 family and friends of these two fire- pened. fighters and the Forest Service fire- The PRESIDENT pro tempore. Under Senator DOMENICI recognizes that, fighting family. the previous order, the Senate will re- and in the crafting of this bill did a Jeff Allen was 23 years old and had sume consideration of S. 14, which the combination of things, in cooperation been a firefighter since 1999. He started clerk will report. with all of us, to recognize the need to working on the Salmon-Challis Na- The assistant legislative clerk read get this country back into the produc- tional Forest on a thinning crew on the as follows: tion of energy while at the same time Salmon-Cobalt District in 1998. He A bill (S. 14) to enhance the energy secu- recognizing the importance of conserved successfully in fighting dev- rity of the United States, and for other pur- servation, recognizing the importance astating fires on the Salmon-Challis poses. of our environment, and that the ener- National Forest during the 2000 fire Pending: gies we produce in the decade of 2000 to season. Jeff was a marketing major at Campbell amendment No. 886, to replace 2010 and beyond be clean sources of en- Boise State University. ‘‘tribal consortia’’ with ‘‘tribal energy re- ergy, and also recognizing the applica- Shane Heath was 22 years old and source development organizations.’’ tion of technology and the develop- this was his fourth season with the Durbin amendment No. 1384, to amend title ment of hydrogen fuel cells and wind Forest Service. He served on the 49, United States Code, to improve the sys- and photovoltaic. Helitack crew as a certified sawyer and tem for enhancing automobile fuel effi- Also, the Senator from New Mexico was also a student at Boise State Uni- ciency. Durbin modified amendment No. 1385, to and I have worked very closely over versity. the last nearly two decades building a The tragic loss of these two men will amend the Internal Revenue Code of 1986 to provide additional tax incentives for enhanc- case for the return of the cleanest, be felt throughout their communities ing motor vehicle fuel efficiency. most abundant source of energy for our and their selfless acts of true bravery Bond amendment No. 1386, to impose addi- country: electricity generated by the will not be forgotten. I commend the tional requirements for improving auto- nuclear generation process and nuclear men and women who risk their lives mobile fuel economy and reducing vehicle reactors. every day by undertaking this terribly emissions. There has been a schism or a belief in dangerous job with courage and profes- Mr. CRAIG. Mr. President, Senator our country that somehow this was not sionalism. DOMENICI, chairman of the Energy and a safe way to generate electricity, and Thousands of young men and women Natural Resources Committee, will be that we could not manage the waste are on the fire fronts of the wildfires here soon to manage this bill for the stream produced from nuclear reactors. that are now sweeping across the West. remainder of the morning. But I want Quite the opposite is now true. Not As we enter the middle of fire season, to say at the outset, we are now in- only have we moved significantly in with the devastating heat that we are volved in a national energy policy de- the development of a clean waste having in the Great Basin, and the bate that will run through the balance stream, but this legislation also speaks West, I hope that we do not lose an- of next week. to what we now call Generation IV or other fire fighter to wildfire. I thank to Senator DOMENICI, as new passive reactors this legislation f chairman of the Energy and Natural would authorize the design and devel- THANKING APPROPRIATIONS COM- Resources Committee, for the way he opment of for future generations. This MITTEE STAFF FOR HOMELAND has handled this critical issue for our is, without question—other than wind, SECURITY APPROPRIATIONS Nation. He held thorough hearings on solar, and hydro—the cleanest form of BILL the importance of a balanced national energy we have because it can produce Mr. COCHRAN. Mr. President, I take energy policy for our country. Much of energy at high, sustained levels to this opportunity to commend the hard- the lead was taken by our President meet the demand of a high-tech econ- working members of the staff of the when he took office over 2 years ago as omy and, at the same time, do it very Appropriations Committee for assist- he outlined this issue as one of the cleanly. ing in the passage of the Homeland Se- highest priorities for our country. This bill is a complete and balanced curity appropriations bill last night. Senator DOMENICI then began to work energy policy for our Nation. As I have For over 3 days we were on the floor with all of us on that committee, said, it puts us back into the business debating the bill and considering Democrats and Republicans, to craft a of producing energy. It recognizes con- amendments. They did a masterful job truly bipartisan and balanced piece of servation. It recognizes technology. helping guide those of us who were in legislation. That is S. 14, the bill we Our President has challenged us to de- charge of managing the bill along the have before us, a national energy pol- velop hydrogen as a new source of path toward final passage. icy for our country. When I say ‘‘bal- transportation fuel for our country. I also thank the President pro tem- anced,’’ Mr. President, as you know, This legislation deals with those pore, the distinguished chairman of the one of the true problems in our country issues, and I think it does so in not Appropriations Committee, for his ac- today is the failure to keep our energy only a comprehensive and environ- tive involvement in helping to bring production levels up with the demands mentally sensitive way, but it clearly that bill to final passage. And my of a growing economy. recognizes that this economy runs on friend from West Virginia, the ranking Largely through the decade of the energy, period, end of statement. minority member of the subcommittee, 1990s, we lived off the surpluses we had Every one of us today started our day and his able staff all worked hard to generated by increased capacity being using energy. The clock that awakened help guide this bill through the sub- built in the decades of the 1960s and us, the radio that turned on was turned committee, the full committee, and 1970s and 1980s. But that surplus ran on by energy. The cool room we slept then, even though we had disagree- out in the late 1990s. We began to see in last night was cooled by energy. ments on a number of subjects during the blackouts and the brownouts in Many of you probably brushed your the consideration of the bill on the California. We began to see energy teeth with an electric toothbrush this floor, the Senate worked its will. We prices increase. Our dependency on oil morning fueled by energy. The water passed the bill, and I know we will go from foreign nations progressively that surged out of the tap in your bath- to conference with the House. grew during the decade of the 1990s, room or from the nozzle of your shower

VerDate Jan 31 2003 02:51 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.002 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9927 this morning—the pressure was pro- Mr. DOMENICI. Mr. President, I un- He clerked after that for Judge John duced by energy. And it goes on and on. derstand we will have a number of Minor Wisdom, one of the great jus- When you went into your kitchen and amendments this morning. Yesterday tices on the old Fifth Circuit Court of opened the refrigerator to get out a we had two CAFE amendments. I un- Appeals. Judge Wisdom has been glass of orange juice, the refrigerator derstand there is a third—at least a known as a champion of civil rights in was cooled by energy. The orange juice third—that will be presented this the South. He was one of those judges was processed by energy—and so on. morning. We are hoping that will be on the court of appeals during the time Did you walk here this morning? If the extent of the CAFE amendments of the end of segregation and the move- you did, you used your own energy, but and that we will eventually vote on ment toward integration. It was not it was generated by all those other those and the Senate will work its will, easy. The court was constantly in the sources of energy. But if you drove as it has already in the past on CAFE arena, whether they wanted to be there here, then you used the standard form standards. I understand there is a good or not. Judge Wisdom has been recog- of energy that has kept this economy chance there will be a number of nized by all as being a champion in so vibrant for so many decades. With- amendments offered this morning. that area. out question, we are an energy-inten- There is no desire on my part to ask Bill Pryor is a man of religious faith. sive, extensive, involved economy. for votes today. Every effort will be He attends church regularly. His wife Without an abundant, available source made to work out with the minority a and children do so. He is a Catholic, of energy in all forms, this economy method of stacking them for Monday and he believes in the doctrine of the does not function well or it becomes in- which would be far more accommo- church. It seems that some of those be- creasingly dependent on those nations dating to Senators. liefs he shares with millions of Ameri- that produce energy and sell it to us. While we wait to untangle some mat- cans and millions of people throughout Senator DOMENICI, myself, and others ters, I suggest the absence of a quorum. the world have caused some of the dif- serving on the Energy Committee have The PRESIDING OFFICER (Mr. recognized that, I believe, in a respon- ficulties he has had. CHAFEE). The clerk will call the roll. sible way in S. 14. Now we have the op- He helped me. When I was attorney The assistant legislative clerk pro- general of Alabama, I put him in portunity to complete the debate on ceeded to call the roll. this legislation. There are hundreds of charge of appellate litigation and con- Mr. SESSIONS. Mr. President, I ask stitutional litigation. He wrote briefs amendments that have been filed, and unanimous consent that the order for we will work very hard to get through to the court of appeals. He argued the quorum call be rescinded. those cases personally. He had already all of them. But then all of them are The PRESIDING OFFICER. Without not intended ever to be offered. They been with two of Alabama’s best law objection, it is so ordered. firms before he agreed to join me, giv- are merely offered as placeholders or Mr. SESSIONS. Mr. President, I ask for the political statement one of our ing up a very lucrative law career. The unanimous consent to speak as in firms wanted him to stay. He was in a colleagues may want to make as it re- morning business for up to 10 minutes. lates to a constituent or to his or her position to be partner and make a The PRESIDING OFFICER. Without great deal of money. But he believed in particular views on energy. objection, it is so ordered. So we hope—and I think the Senator public service. He and his wife talked from New Mexico, who is now in the f about it. They agreed to come to work. Chamber hopes—we can work our way NOMINATION OF WILLIAM H. After I was elected to the Senate 2 through those amendments over the PRYOR years later, Governor James, then Re- course of the next week as we move to- Mr. SESSIONS. Mr. President, I wish publican Governor of Alabama, ap- ward completion of this bill before the to bring my colleagues up to speed on pointed Bill to be my successor as at- August recess. the nomination of Attorney General torney general. In that position, he has This bill has already been on the Bill Pryor from the State of Alabama stood courageously for the values he floor for hours over the course of the for U.S. District Court for the Eleventh believes in. He has done so with clarity last several months, and we have had a Circuit Court of Appeals. and conviction, winning the confidence variety of amendments already. So for Bill Pryor is an extraordinary nomi- and respect of people throughout the anyone who will stand and wring their nee, one of the finest, most decent, State, even those who are of a different hands and say it cannot be completed most intelligent, and most ethical indi- political party and race. by next week, they are simply saying: viduals I have ever had the pleasure of For example, when he was sworn in, I don’t want to complete it by next he said in his inaugural address: ‘‘The week—for whatever political purpose knowing. His reputation throughout the State of Alabama is extraordinary. constitution and laws of this State that might serve the individual. should have not one thing in them that Our leader, Majority Leader FRIST, His career as a lawyer is extraordinary. He would make a magnificent judge on would discriminate against a person says we will start early and work late; because of their race.’’ We had in our and we are prepared to do just that, the court of appeals. Bill grew up in Mobile, AL. He at- Alabama Constitution an old amend- starting on Monday with votes on this ment that said interracial marriages legislation and working through the re- tended the Catholic school there, McGill-Toolen. His father was band di- were banned. That had been declared mainder of the week. unconstitutional by the Supreme At this time I will yield the floor to rector there. They were active in their Court, but Bill thought it ought not to the chairman of the Energy and Nat- church. They are the kind of family we be in there. He joined with State Rep- ural Resources Committee and, once ought to emulate and lift up and be resentative Alvin Holmes who worked again, recognize him for the phenome- proud of. I have heard it said that Mr. on the team of Dr. Martin Luther King, nally hard work he has put into build- Pryor was a John Kennedy Democrat Jr., during those very tough days of ing a balanced national energy policy, in the 1960s. After some of the problems civil rights. Together they led the bat- reflected in S. 14. we have had, he probably has changed I hope by next Friday evening we will some of his views about his politics in tle, and the people of Alabama removed have finalized this bill, gone to final the last few days. But he is a remark- that amendment from the constitution. passage, and that this will be the year able man, and his mother and family Alvin Holmes said: No other politi- when we put on the desk of the Presi- are remarkable. cian in Alabama, Republican or Demo- dent of the United States a futuristic Bill went to Tulane Law School, one crat, White politician, supported me in program for the assurance of the devel- of America’s great law schools. He that effort but Bill Pryor. opment of energy for generations of worked very hard. He finished at the He wrote one of the most powerful, Americans to come—that product top of his class. He was the editor in moving letters anybody would ever which will fuel a vibrant economy for chief of the Tulane Law Review. The want to see explaining the character of our country. most prestigious position a graduating Bill Pryor and why he should be a Fed- I yield the floor. law senior can have is to be the editor eral judge. The PRESIDENT pro tempore. The of the law review for the law school. It Along that line, Mr. Joe Reed, Rep- Senator from New Mexico. is a quite an honor. resentative Joe Reed, Dr. Joe Reed,

VerDate Jan 31 2003 02:51 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.005 S25PT1 S9928 CONGRESSIONAL RECORD — SENATE July 25, 2003 who is the vice chairman of the Ala- in his pro-life views, that he is very What do you mean? They called me bama teachers union, the AEA, a mem- passionate, and that he would not fol- saying I have to get Bill to change his ber of the Democratic National Com- low the law, basically. idea and help them win. But I told mittee, who has chaired for 30 years They have criticized him for his them then that Bill follows the law. If the Alabama Democratic Conference, a views on abortion. He didn’t volunteer you have the law, do it; if you don’t, he powerful force in Alabama—there is no- those views. But in the committee, one will not help you. So he resisted their body who has run for the Democratic of the Senators looked right at him actions. He defended the Democratic nomination for President in these and asked him about that. He ex- position. He defended, particularly, the United States who does not know Dr. plained that he thought that taking an African-American position. He actually Joe Reed. He is the first person they unborn life was immoral and that Roe lost the case in the court of appeals would want to talk to as they consider v. Wade has led to the slaughter of mil- and appealed it to the Supreme Court how to be involved in winning a pri- lions of innocent unborn. You could of the United States and won it. He was mary in Alabama. Dr. Reed supports have heard a pin drop. Nobody had right all along. him strongly. really been asked that squarely. He an- So I can give many examples of this Congressman ARTUR DAVIS, a Har- swered it honestly. He said: But, Sen- brilliant lawyer who has stood firm for vard Law graduate, former assistant ator, I know the courts don’t follow what he believes is right, who gives bi- U.S. attorney, African American, sup- that view and it is not the law today, partisan, biracial support to the people ports Bill Pryor. and I follow the law as it is written. in Alabama, a man who would flourish The former Democratic Governor of In fact, he had proof of it because, as a court of appeals judge, a man who Alabama has spoken highly of him. He previously, when he was attorney gen- loves America. He has sincere and has that kind of reputation. His rep- eral, Alabama passed a law to ban par- great religious faith. He understands utation is that Bill Pryor does what is tial abortions. That law was a broad the rule of law and places all that in right; he follows the law, whether it is law. Under the Supreme Court rulings proper context. I am just proud of him. popular or not. and other rulings, portions of that stat- I am glad the committee has moved One of the issues that was important ute were not constitutional. Attorney him forward. I hope we will see him politically in the State—and each General Pryor, as attorney general of confirmed as a Federal judge. State has issues that arise given time— Alabama, had to send a directive to all I yield the floor. was separation of church and state. the district attorneys in Alabama di- The PRESIDING OFFICER. The Sen- The issue became very contentious. recting them not to enforce portions of ator from New Mexico is recognized. Our Republican Governor, Bob James, that law that violate the Constitution f had a very strong view about it. He of the United States. So even though TRIBUTE TO COLIN MCMILLAN played football and he said he didn’t he thought, no doubt, partial-birth Mr. BINGAMAN. Mr. President, I see anything wrong with a coach lead- abortion was wrong—because he be- take a couple of minutes to speak ing the kids in prayer. Frankly, I don’t lieves abortion is wrong, so he would about the tragic death of Colin McMil- either. But the Supreme Court has certainly believe that horrible proce- lan, who was a very outstanding citizen ruled to the contrary. dure would be wrong—he was a lawyer of our State of New Mexico. He had dis- Governor James had other very and he spoke up and he directed, as at- tinguished himself as a businessman strong views. He had just appointed torney general, every district attorney and also as a public servant in Roswell. Bill Pryor to the attorney general of- in the State to enforce that law, con- In Santa Fe, he served in the State leg- fice to be one of the youngest attor- sistent with the Constitution. I think islature, with a leadership position, neys general in America. He had this that demonstrates clearly his ability and also here in Washington, where he idea about how these issues ought to be to understand and follow the law even served in the Department of Defense in argued in court. But under the Ala- if he does not agree with it. the previous Bush administration. He bama Constitution, the attorney gen- The only other thing I know he has was influential and effective in all of eral speaks for the State of Alabama in ever done with regard to abortion is to the positions he held. He was ex- court. So they had a conversation or make clear that if there were a protest tremely well respected for his straight two, and Attorney General Pryor had at an abortion clinic that violated the dealing and his integrity. to reluctantly tell the man who just law and the right of people to attend I met Colin first when I was in law appointed him, in a very hot political that clinic, they would be prosecuted practice in Santa Fe and he was in our deal, that your position will not hold by him. He would enforce the constitu- State legislature. As I indicated, he up according to the law; I cannot sup- tional right of people to go to clinics had a very prominent position, a lead- port that. and have abortions under the laws of ership position, in our State legislature The Governor took a very strong po- the United States. back in the 1970s. Since then, our paths sition on the right of school officials to Another issue we dealt with in the have crossed many times. Most re- speak on religious issues, and reluc- State was reapportionment. Most Re- cently, we spoke when he came to my tantly the attorney general had to file publicans believed strongly that re- office to discuss his nomination by a brief on the subject. The attorney apportionment had been very adverse President Bush to serve as the Sec- general filed a brief and said flat out to their ability to have a representa- retary of the Navy. that the Governor’s position did not tive in the State legislature. As a This is a position I strongly sup- state the legal position of the State of whole, the State is a majority Repub- ported him obtaining and I told him I Alabama. He argued the case according lican State, with both Senators, the was looking forward to him being back to the precedent of the Supreme Court. Governor, and five of the seven Con- in Washington. I know he and his wife He also, in that confused time, wrote a gressmen being Republicans. But the Kay were looking forward to returning legal opinion, which he sent to every legislature is about two-thirds Demo- to Washington. He spoke with great en- school official in the State, setting crats. thusiasm about his plans in that new forth what children could do in the free A lawsuit was filed by the Republican position. exercise of their religious beliefs and groups to get the legislature reappor- His death is a loss to us in New Mex- what schools could and could not do. In tioned, hoping they would get a better ico, and it is a loss to the country. We fact, those rules that he sent out were shake in the numbers. It was a pretty will be deprived of his leadership. adopted almost in toto by the Clinton legitimate suit. It had real merit to it. I know he was a very good friend of Department of Education as their di- They wanted Bill Pryor to take the my colleague, Senator DOMENICI, for rectives to policy concerning the sepa- lead in it as attorney general. He was a many years and a political ally in New ration of church and state in schools. Republican, after all. Some lawyers Mexico for many years. His loss will be He followed the law, even though it had known him for years and they had noted and regretted by all of us in New was very tough for him to do so. worked with him. Bill researched the Mexico. They have expressed real reservation law and said: You don’t have standing, Mr. President, I yield the floor. about Mr. Pryor. They say he has and this is not a legitimate lawsuit, The PRESIDING OFFICER. The Sen- strongly held views, that he is extreme and I cannot support it. They said: ator from New Mexico.

VerDate Jan 31 2003 01:46 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.008 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9929 Mr. DOMENICI. Mr. President, last tween 5 and 10 amendments, which we UNANIMOUS CONSENT REQUEST— night I took a couple of minutes to tell will present jointly this morning on S. RES. 200 the Senate that a good friend of mine, this Energy bill. The biggest issue ev- Mr. JOHNSON. Mr. President, I ask but also a great New Mexican, was eryone has asked so much about is the unanimous consent that the Senate dead, Colin McMillan. My friend and electricity title. It is a very complex proceed to the consideration of S. Res. colleague, Senator BINGAMAN, just title. We have tried to put together a 200 regarding the adoption of a con- spoke of him. major bipartisan amendment. It is in ference agreement on the child tax It is remarkable that Senator BINGA- the hands of all the Senators and, as a credit; that the resolution and the pre- MAN would speak of him with such glar- result, because it is so important, it is amble be agreed to; and that the mo- ing words when, as a matter of fact, in the hands of hundreds of experts and tion to reconsider be laid on the table. they ran against each other in a state- lobbyists and companies across this Mr. DOMENICI. I object. wide campaign. country. Mr. JOHNSON. Mr. President, I call The truth is, he was a truly out- By Monday, everybody should know on Congress to pass the Lincoln bill standing man. His death is rather what they want to do with it, to it, or which will provide immediate tax relief unexplainable. We still do not know for it. It will be offered Monday with for 12 million children and our Nation’s enough about it, but we do know that the hope that we will begin serious de- fighting men and women. he was too young to die and had suc- bate on that amendment. Millions of working American fami- ceeded at just about everything he CAFE standards has been one of lies with incomes between $10,000 and tried in his life, starting out at the those issues of importance. We have $26,000 will receive absolutely no ben- University of North Carolina where he two of the major CAFE standards efit from the increase in the child cred- was a Phi Beta Kappa in the college of amendments pending. They were of- it that was signed into law by the engineering and became an enormously fered last night. We will work out a President several weeks ago. Close to successful geological engineer. He was time for voting on them on Monday. 200,000 military personnel have incomes one of those who was first to grab on to We expected another CAFE standards in this range, and most will not qualify the modern techniques of discerning amendment this morning, but it has for the $1,000 child tax credit. what lies below the surface and, thus, not materialized. Let’s hope it does so More then 300,000 military personnel became an expert and developed a suc- we can get them all lined up to dispose are currently serving in combat zones cessful company helping others locate of them Monday evening. around the world. In answering the call oil and gas. He formed his own explo- There are about five other major of duty, these young men and women ration company and became an oil and issues that are being worked on, and were forced to leave their families be- gas entrepreneur. we hope we can prove that the Senate hind as they headed to Iraq and Af- Along with that achievement, he had is capable of completing this bill in ghanistan to serve their country and to a western craving to own a ranch, and five additional working days, besides help create new democracies. Yet this he had a beautiful ranch. I have been last night and today, and the previous Nation’s laws have failed them. Under there many times. It is a great place to time we spent on the bill. current law, the children of these fami- hunt quail. His ranch is renowned for Everyone should remember, the ma- lies are truly left behind. quail. My son Peter and I and others in jority leader said we are going to finish The Treasury Department will begin New Mexico have been there with him this bill. We are scheduled for our Au- sending checks to taxpayers reflecting the increase in the child credit from many times. It is rather ironic that he gust recess next Friday, but we have $600 to $1,000 for 2003. Yet the Chil- was found dead at the ranch yesterday been told those recess days will not dren’s Defense Fund estimates that 1 some time during the day by the ranch commence until we have finished this million children in military families hands. bill. I hope everybody understands that When I spoke this morning with my is not said in any way other than in a will not be eligible for the full child credit. This is roughly 1 out of every 8 oldest son, he used the word ‘‘brutal.’’ positive way. There is plenty of time so children of military families. I use it today. It is truly brutal for long as Senators do not desire an inor- For active duty military families, dinate amount of time on any subject. those of us who knew him. All we can the numbers are even more staggering. We probably have one or two climate say is he succeeded at almost every- Roughly 260,000 of the 1.4 million chil- change amendments. We probably thing he wanted to do in life. Clearly, dren of active duty military personnel, have, as I indicated, an additional there are few in New Mexico who will or nearly 1 of every 5, will not receive achieve as much as he. He was really CAFE amendment and many amend- the $1,000 child credit. looking forward to becoming Secretary ments on the electricity section. Plus, Military personnel serving in combat of the Navy, taking great pride in I am sure the minority leader has some zones in Iraq and Afghanistan would be being a Marine officer for 3 years after amendments with reference to man- particularly hard hit. Under current completing his baccalaureate degree in dating the percentage of wind energy law, a family must make $10,500 to North Carolina. and solar energy that must be utilized qualify for any portion of the child I and my wife Nancy clearly have had by the utility companies. That will be credit. Because combat zone pay does a very tough personal loss in his death, thoroughly debated and voted on. not count toward the income required, and there is not much more I can say There may be a couple other major many military personnel who left their other than he will be missed. We will issues, but I think that covers most of families behind to fight America’s wars all find out someday, perhaps in the them—and I covered them last night will themselves be left behind by this hereafter, how all this happened. In the reminding everybody to get ready. We Congress. meantime, all we can say is we will always have the idea around here that Congress has failed its fighting men miss him terribly, and we wish for all we will get ready when the time is nec- and women. It does not matter how of his family an understanding beyond essary. many speeches we give thanking them normal capacity to apprehend, that People put off things until that omi- for their service, and lionizing their there will come upon them some under- nous time. On Energy amendments, the courage, and acclaiming their patriot- standing as to why all of this hap- time has come. The electricity amend- ism. pened. ment is in our hands. It is major legis- The single mother whose husband has He had been sick. He had a recur- lation. We are going to proceed with been deployed to the Middle East for rence of cancer that inflicted him some dispatch, at least as much dispatch as the 50th week running cares a lot more 2 years ago. Everybody thought he was the Senate will let us, and we will try about getting her $400 check than she recovered and recuperating quite well. to push that as nicely and calmly but does about hearing how much we ap- At least we thought so and his family as rigorously as we can for the next 5 preciate her sacrifice. thought so, when this tragedy oc- or 6 days in an effort to complete this Frankly, it is shameful that a body curred. bill. willing to send our young men and I thank the Senate for the time. I yield the floor. women to war would at the same time Mr. President, before we call on Sen- The PRESIDING OFFICER. The Sen- turn a blind eye and a deaf ear to their ators, we are expecting closure of be- ator from South Dakota is recognized. families.

VerDate Jan 31 2003 01:46 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.011 S25PT1 S9930 CONGRESSIONAL RECORD — SENATE July 25, 2003 The Lincoln bill, however, changes morning business on a subject of great The President had $253 million for For- the law to ensure those military per- urgency. I do not know how much time est Service and fire suppression. We sonnel fighting for our freedom will re- it will take. Senator BURNS will join added $36 million for the Bureau of ceive the child credit that is guaran- me in a moment. Land Management. teed to all other middle-income fami- The PRESIDING OFFICER. Without This is a terrible fire season. I am in- lies. The Lincoln bill will ensure that objection, it is so ordered. formed Glacier Park is ready to be military families get the child credit f evacuated. We have to have some dis- checks promised to our Nation’s fami- aster money. When I checked on July lies. SUPPLEMENTAL APPROPRIATIONS 21, the disaster relief fund had $89 mil- In contrast, the House bill will leave Mr. STEVENS. Mr. President, I have lion in it. We are currently estimating these families behind. For example: been informed that the House this an obligation rate of about $5.7 million Navy Petty Officer Second Class E–5, 4 evening will pass a bill for $989 million a day on the fires that existed on July years service, married with two chil- dealing with disaster relief. As my col- 21. There is a whole new series of fires dren, stationed in Iraq from December leagues know, we received a supple- just this week. I cannot believe this. 2002 until June 2003. He receives an an- mental request from the President for In addition, there is an obligation to nual salary of $22,842, and hazardous $1,550,000,000 for the Department of rise to $6.3 million as the disaster ac- duty pay of $190 per month. Under cur- Homeland Security for disaster re- tivity in Texas ramps up due to Hurri- rent law, he will not see any of the in- sponse. It is estimated that the dis- cane Claudette. crease in the child credit. Under the aster fund probably has already run I hope others will also join to call on Lincoln bill, he will get the full $1,000 out of money during this month of the House to give a bill that will meet per child tax credit, an increase of $800, July. When the money runs out, when the needs, particularly the needs of the which his family will receive through a there are storms, tornados, whatever West. These fires are primarily in the check in their mailbox. they have to deal with, they borrow West. The need for FEMA is national. The Senate bill also recognizes that from other accounts, which means as The firefighting conditions right now the latest Bush tax cut failed to in- we get towards the end of this fiscal in the West could not be worse. There clude millions of working families, year those other accounts must come is enormous heat in the West, includ- families who have jobs and work hard to an end. We have tried to meet the ing my State of Alaska. Even with en- to put food on the table for their chil- President’s request by sending the sup- actment of the supplemental, which we dren, and that they deserve tax relief plemental as part of the legislative ap- sent to the House, I am told the Forest as well. propriations bill. Service projects will have a deficit of Unless we pass the Lincoln bill, there The House has refused to conference $167 million by September. That is, is no check in the mail for over 6.5 mil- with us on that bill. Now they are with all the money we provided for lion working families earning between going to send us a bill that is totally FEMA and for firefighting, the Forest $10,500 and $26,625; this means that over inadequate. If they leave this city Service alone will have a deficit of $167 12 million children will be left behind. without giving us a supplemental for million based on projections of July Not only do we help millions of chil- fires, it is going to leave the West 14th. We have increased fires, particu- dren, but we pay for every penny by burning, and it is going to bring to a larly in the Park Service area. It is the shutting down corporate tax loopholes. halt other functions of the Federal For all these reasons, I call on the park that is burning out there now. I Government which must continue Senate to express its deep commitment cannot believe we cannot have a con- to working together for this Nation’s through this period until September 30. ference on the supplemental before the fighting men and women, this Nation’s I cannot believe that they would do House leaves. AmeriCorps is a problem, too. The working men and women, and all of this. The supplemental the President sent Government, by mistake, enrolled their children, and ask that: 1, the committee of conference between the to us provided $50 million for NASA, 70,000 young people to enter school in Senate and House of Representatives the National Aeronautics and Space September. The moneys that had been on H.R. 1308 should agree to a con- Administration, to cover unanticipated previously divided only covered 50,000 ference report before the August re- costs of the recovery and investigation young people. The person who made cess; 2, any conference report on H.R. of the Space Shuttle Columbia acci- that mistake is no longer with the 1308 should contain the provisions in dent. I am informed that as far as Government. But the young people are the Senate Amendment to H.R. 1308 NASA is concerned, the actual costs of out there now with their certificates. concerning the refundability of the the Columbia accident investigation They are entitled to enter school, but child tax credit; 3, any conference re- board is about $150 million so far. That the money will not be there. It is the port on H.R. 1308 should contain the means NASA has to take that money worst situation I have faced as chair- provisions in the Senate amendment to out of their current accounts and the man of the Appropriations Committee. H.R. 1308 concerning the availability of remainder of the year they, too, will be We have to have some action by the the child tax credit for military fami- strapped and will not be doing the sci- House before they leave tonight. If lies; 4, any conference report on H.R. entific investigations, not be doing the they leave tonight without giving us 1308 should contain the provision in the prevention that is necessary in order to the money we need to meet these dis- Armed Forces Tax Fairness Act of 2003; get ready for another NASA shuttle aster needs, I think we are going to and 5, any conference report on H.R. flight. have a terrible September. 1308 should contain provisions to fully We received the supplemental on By the way, the House is going home offset its cost. July 8. We acted almost as quickly as tonight. They could have stayed an- It is my hope that this resolution possible. It is true, we put on that bill other week and we could conference will be taken up promptly and that we the money to save the program for edu- the bills. The bills have been sent to will emerge from conference with the cation of young people, AmeriCorps. conference. When we come back in Sep- House in a timely fashion so that we AmeriCorps is another subject, and I tember we have to meet with the House may honor the families of our fighting will get into that in a minute. But be- in conference and at the same time try men and women in a very real way cause we put AmeriCorps on that bill, to pass the bills we could have passed with more than platitudes, more than the House refused to act. and should have passed had they sent salutes, more than just honors, but by We have offered a series of sugges- us the bills in time. They will send us including their kids and their families tions. a whole series of bills they are now in the same kind of tax credit that It is impossible to believe this mes- passing as they leave town. The Appro- other American families receive. sage I received this morning. We are priations Committee must conference I yield the floor. going to get a bill that has less than $1 those bills in September and at the The PRESIDING OFFICER. The Sen- billion in it, when the President asked same time we must pass the ones they ator from Alaska is recognized. for $1.550 billion for FEMA and he have just passed. Mr. STEVENS. Mr. President, I ask asked for NASA at the same time. He We cannot be two places at one time. unanimous consent to speak as in had money in there for firefighting. The scheduling of appropriations this

VerDate Jan 31 2003 01:46 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.015 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9931 year is abominable. Someone men- Mr. President, 6.5 million low-income parents or single fathers are raising tioned the word ‘‘tirade’’ yesterday. families will not receive a check today. children. This is a tirade, and it is time for a ti- They will be left out. Even though this But perhaps of more concern to me is rade. It is time to be strong in talking body acted prudently to give them the that there are plans to expand this to our colleagues in the House. We opportunity, the House, in May, precertification process to 2 million must have that bill today that covers dropped the provisions and did not re- households in the year 2004 and to 5 the disasters the President recognized spond with an appropriate bill. million households within 3 years. This back in July. They are worse now than On June 5, nearly 2 months ago, this is a move that President Bush clearly when he sent the bill to us. Senate, in a bipartisan manner, passed supports, because he requested $100 I hope others who have the knowl- legislation that would provide for the million in additional funds for the fis- edge will talk about the firefighting. In refundability of these tax credits and cal year 2004 budget for this so-called Alaska, we have fire conditions we in effect give the credit to low-income compliance initiative. have never faced before. One of the real families. I commend all of the indi- If we were to propose an elaborate problems is we have been unable to cut vidual Senators who have led the way precertification for middle-income and into the areas of the Forest Service both on the Finance Committee and, in upper-income tax advantages, there would be howls of protest. We would and the Fish and Wildlife Service particular, Senator LINCOLN of Arkan- rush to this floor crying foul, accusing owned by the Federal Government that sas, who has been advocating strenu- the IRS of overreaching and meddling have beetle kill. ously for this very fair and very pru- with burdensome impacts upon tax- I read just last night, two young fish- dent approach. payers. But that is exactly what, in my ermen were out and they had an acci- The House, on the other hand, passed view, is happening to low-income fami- dent. They tried to set a fire to attract an expansive $82 billion tax cut pack- lies in the budget proposal of the Presi- the attention of small planes flying in age surrounding this child tax care dent for this precertification. their area. The fire got out of control credit. As a result, they politicized and Again, I note the President has re- and burned 40,000 acres before we could essentially frustrated the obvious and quested $100 million for additional even get to it. I don’t know how many the compelling need to help these low- funds to supposedly precertify families acres that will burn. But that is the income families. qualifying for a tax advantage under The President has called for the pas- condition that exists in the West the Earned-Income Tax Credit. Just today. They built a signal fire and that sage of this act, but frankly, other yesterday we couldn’t afford, according signal fire is totally out of control than appearing yesterday at a mailing to the vote, $100 million for improved now. facility, he has not done a great deal to transit security in the United States. We have to have funds to meet this force the House to pass this very sim- That suggests to me the wrong, and condition this year. It is not satisfac- ple, very necessary measure. perverse, if you will, priorities. If we I hope we can make progress on this. tory to say they can borrow money are spending $100 million to try to from other accounts. When they bor- This tax credit for child care is an im- force low-income families to come up row money from other accounts, they portant benefit for all of our families with documentation to qualify for a shut down those activities that pri- and, as I said before, very important tax cut but we can’t find the money to marily exist in the West in July, Au- for low-income Americans. They are protect the subways and the trains and gust, and early September. struggling and with both parents work- the buses in the United States, that I call on the House: Do something; ing two jobs to make ends meet. These suggests something askew in our poli- react. The President asked on July 8th. are the working Americans who are cies and our priorities. Give us the bill we need to meet the doing difficult work and working very I think what the pre-certification disasters that are occurring right now. hard. They deserve the same kind of as- does, frankly, and maybe intentionally, I yield the floor. sistance to raise their children we are will dissuade some individuals who The PRESIDING OFFICER. The Sen- providing for middle and upper-income qualify for the EITC from coming for- ator from Rhode Island. Americans. ward and applying for it. They might Mr. REED. Mr. President, I ask unan- This is a question of fairness, cer- not understand the new imous consent to speak as in morning tainly. It is unfair, in my view, that we precertification. They might have to business for 10 minutes. would provide benefits for certain chil- pay for tax advice to do it appro- The PRESIDING OFFICER. Without dren—ironically, some of the most af- priately. And one other point: the IRS objection, it is so ordered. fluent children—and not provide simi- has the authority to release all this f lar benefits for low-income families documentation to the Department of with children. It is just patently un- CHILD TAX CREDIT Justice and other Federal agencies at fair. Also, it is part of an emerging pat- their discretion, which might cause Mr. REED. Mr. President, I rise tern of indifference, and worse, towards some people concerns about privacy. today to express my dismay about the low-income Americans. This is something that, again, if we failure to provide the child tax credit There is the issue of the Earned-In- proposed it for middle- or upper-income to millions of low-income Americans. come Tax Credit. This has been an Americans, you could not hear yourself In this regard, I join my colleague, enormously successful program. It has, think because of the howls of protest in Senator JOHNSON, and applaud his ef- in my State of Rhode Island alone, pro- this body. Indeed, back in 1998 we forts to try today, through unanimous vided $90 million to over 57,000 families passed the Internal Revenue Service consent, to resolve that at least we will in the year 2001, giving them additional Restructuring and Reform Act because as a Congress commit ourselves to give help based upon their work. Recall of supposed taxpayer harassment in- the benefit to low-income families now, this is the Earned-Income Tax flicted upon middle- and upper-income which many other families in America Credit; you have to be working, you Americans by the IRS. It seems when are about to enjoy. have to qualify by accumulating in- it comes to low-income Americans who Yesterday, the Internal Revenue come to get the tax credit. work and who qualify for the EITC, Service began mailing out the first This is one of those very ingenious harassment isn’t a problem when it batch of advance $400 checks to middle mechanisms which help lift families comes to proposals by the administra- and upper-income American families and children out of poverty, and it has tion. who are receiving the child tax credit. done so with remarkable success. It has I am also disappointed that in line The President was at a mailing facility been a tax provision supported by both with this attack against low-income to get a visual of these checks going sides of the aisle enthusiastically for Americans is the inability of this body out. That is good news for these fami- several decades. But now the IRS has and the other body to pass a long-term lies. But certainly low-income Ameri- announced its intention to require unemployment compensation benefit cans have the same needs; in fact, one elaborate precertification for EITC eli- that will really take care of all the might argue even more compelling gibility for about 45,000, as they term Americans who are suffering because of needs for help and assistance to raise it, high-risk households. Generally an economy that is functioning poor- their children. these are households in which grand- ly—and that is being polite—at this

VerDate Jan 31 2003 01:46 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.015 S25PT1 S9932 CONGRESSIONAL RECORD — SENATE July 25, 2003 moment. Unemployment in June was games. When I am back home in Ohio, him. He persevered. He never com- up to 6.4 percent, and those numbers the first thing I do when I pick up the plained. And, when faced with the don’t even include the 4.5 million un- Dayton Daily News in the morning is choice to retire, his resolve to write his deremployed individuals, those who are read Hal’s reports. When I am in Wash- legendary stories only became strong- working part time, looking for full- ington, I read them off the Internet. er. time employment but struggling to get For more than 3 decades, Hal McCoy Today, Hal continues to attend and by on part-time jobs. At least 1.3 mil- has brought to life in vivid detail thou- report on Reds games using a special lion of these 4.5 million are in that cat- sands of Reds games. Through his large-size scorebook that he designed. egory of looking for long-term, full- words and insights, he has taken read- He says: time employment but having to settle ers, like me, onto the field and into the I tell everybody I’m going to do this until for something part-time. Yet they are clubhouse. With his stories, we have my head hits the laptop, when I pass out in excluded from our unemployment com- felt the players’ pride in their wins and the press box. That’s how much I love this job. pensation provisions. the pain in their losses. Hal McCoy has In addition, we will shortly be look- brought readers right to the game, giv- And let me tell you that Hal’s fans ing at new rules by the Department of ing us a real glimpse into the highs and couldn’t be happier! Many, many Reds Labor with regard to the Fair Labor lows of the Reds seasons. fans, like me, still can’t wait to get up Standards Act that relax overtime pro- One of the things I admire most in the morning and read his stories. tection. We are also encountering pro- about Hal is his incredible work ethic— That is how much we enjoy his work posals to increase the TANF require- unbelievable. Hal McCoy is, some peo- and what he produces every day. The publisher of the Dayton Daily ments from 30 hours to 40 hours per ple have said, almost a machine. I have News, Brad Tillson, has said this of week. Here, at a time when there are so always been amazed by his ability to Hal: many Americans struggling to find a crank out so much material and so many anecdotes and ‘‘notes’’ from the I’ve been reading Hal McCoy’s coverage of job, struggling to find a few hours of Major League Baseball and the Cincinnati part-time work, we are proposing to in- games. Nothing stops him. Reds for more than 30 years, and I never crease the number of work hours under You pick up the paper in the morning cease to be amazed at his insight into the the TANF Program. I think this ap- and you see the account of a game. game and his ability to communicate it to proach to TANF will be another impact Sometimes you will see a column to go the readers. He calls the games as he sees on the low-income children of this along with that, you will see another them with candor, integrity, and authority. country because it will necessarily re- story on the back page, and then you Sometimes it’s more illuminating to read quire mothers to spend less time with will see the notes of the game—some- Hal’s account of the game than it is to watch it. their children. Again, this is another times three, sometimes even four sto- I must also add that the respect of example of a policy that is not good for ries just in one paper by one writer. the players Hal McCoy covers is also the economy and it is certainly not That is Hal McCoy. He works and very illuminating. When Hal was faced good for children. works and works and has an unending, Then we are looking at Head Start unfettered enthusiasm, after all these with the loss of his sight, some of the proposals and AmeriCorps proposals, as years, for the game of baseball. players went to him and told him: You can’t quit. You need to keep doing Senator STEVENS just indicated, that Hal McCoy is a very special man. I are shortchanging so many people, par- wish to take a few minutes today to what you love to do. He is held in respect by the people he ticularly young people in this country. tell my colleagues a little bit about his covers. I think that says a lot about Again, I hope we can very quickly re- life and his career as a sports writer. Hal was born and raised in Akron, Hal McCoy. solve this issue with respect to the Of course, if you ask Hal about the child tax credit, the underlying point OH. He played Little League baseball in Summit County and later graduated secret to his success, he would respond of my remarks today. There are 6.5 that it is ‘‘the readers, the people.’’ million wage earners who are working, from Akron East High School. He then graduated from Kent State University That connection with the people is contributing to our economy, and try- very powerful. It is not at all suring with all their might to raise their in 1962, with a Bachelor of Fine Arts and a major in Journalism. Upon re- prising that Hal hasn’t missed a road children. Today we are ignoring the series in 30 years. Hal has said: plight of all of those 6.5 million people. ceiving his diploma, Hal immediately When I sit down at my laptop, it is the I hope our indifference will end very put his degree to good use when he started a job as a Dayton Journal Her- readers I have in mind. What would they quickly. want to know? I’ve tried to inform them, en- I yield the floor. ald reporter, covering the Dayton Pub- tertain them, and tell them the truth to the The PRESIDING OFFICER. The Sen- lic prep league. best of my capacities . . . I can never thank ator from Ohio. Hal first covered the Cincinnati Reds all the readers who have been so supportive. Mr. DEWINE. Mr. President, I ask for the Dayton Daily News in 1973. No You are what we are all about. unanimous consent to proceed for 10 one knew at the time that Hal would It is this humble spirit and gratitude minutes as in morning business. be holding our Nation’s longest-run- for his readers that Hal’s friends and The PRESIDING OFFICER. Without ning tenure, covering one team con- readers love most. objection, it is so ordered. tinuously or that he would be recog- As Hal takes his destined place in the f nized as one of the finest journalists in writers wing of the Baseball Hall of Ohio history, let alone one of the finest Fame, I join many other proud Ohioans TRIBUTE TO HAL McCOY ever in his profession. in saying thank you. Hal Mccoy is a Mr. DEWINE. Mr. President, I rise A few years ago, Hal suffered a terrific writer, a magnificent story- today to pay tribute to a truly remark- stroke in his right optic nerve while teller, and an exemplary and well-re- able Ohioan—a man who has covered covering a Reds game in St. Louis. He spected member of his community. My Cincinnati Reds baseball for the Day- lost half of his vision as a result. While family—my dad and my children—ex- ton Daily News for the last 31 years. this would cause most people to slow tends its warmest congratulations and This weekend, Hal McCoy will join down or stop, Hal could not be de- sincerest thanks to Hal for his wonder- many legendary baseball players and terred. He overcame this adversity ful writing and his dedication to con- sports writers when he is inducted into with grace and continued his post with tinuing to do what he loves despite dif- the writers wing of the Major League the Reds. ficult challenges. We thank him for his Baseball Hall of Fame. This is a fitting Then, on January 23, 2003, Hal suf- service to the Dayton community, to and well-deserved tribute to a man who fered a stroke in his other eye. Sud- the Miami Valley, to Ohio, and to our reminds all his readers everyday about denly, legally blind, Hal was faced with Nation. why we love baseball. a seemingly insurmountable obstacle— I look forward to many more Cin- I am a life-long fan of the Cincinnati the eyes that he had been using for cinnati Reds seasons that Hal will Reds. For the last 31 years, I have years to ‘‘show’’ the game to his read- cover and many more great stories. counted on Hal McCoy for complete, ers essentially stopped working for Thanks Hal. We appreciate the great detailed, objective coverage of their him. But, Hal wouldn’t let that stop work you do.

VerDate Jan 31 2003 01:58 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.018 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9933 I thank the Chair. I yield the floor. ning out of money, then—due to this We have arguments that break along I suggest the absence of a quorum. extended drought, with very hot condi- environmental and nonenvironmental The PRESIDING OFFICER. The tions right now in the Rocky Mountain lines. We can solve those, perhaps, in clerk will call the roll. West—we are going to have these fires the next month or two. The assistant legislative clerk pro- far into the month of September. It is But let me say to the U.S. House, I ceeded to call the roll. just not right. submit to you the real problem we are Mr. BURNS. Mr. President, I ask These fires are threatening our na- having in getting any kind of real unanimous consent that the order for tional treasures. McDonald Valley, cleanup of the forests—that is, preven- the quorum call be rescinded. Glacier National Park, is now on fire tive work done on American forests, be The PRESIDING OFFICER (Mr. SES- on both ends. Remember the book, it BLM forests that belong to Interior SIONS). Without objection, it is so or- ‘‘The Perfect Storm,’’ about two or forests that belong to the Depart- dered. storms coming together at the right ment of Agriculture and the National Mr. BURNS. Mr. President, I appeal time, and they are only 10 miles apart, Forest Service—is because there isn’t to my good friend from New Mexico that is the ‘‘perfect storm,’’ and we any money to do it. who is managing this Energy bill and could lose that entire forest. The question is, why isn’t there any ask unanimous consent to proceed as I call upon my colleagues in the money? We are always appropriating in morning business. House to do the right thing now be- money for it. And every year there will Mr. DOMENICI. I have no objection. cause we understand they are going to be a bill that comes through here, Inte- Mr. BURNS. For less than 10 min- pass this bill and send it to the Senate. rior appropriations, and you find utes. The Senate is in a vise. We either take money for that, a lot of money for Mr. DOMENICI. Whatever time the it or we don’t. If we don’t, it will be that. But guess what happens. Very Senator desires. We have no objection. zero dollars and the middle of Sep- shortly as the year starts, we have to The PRESIDING OFFICER. Without tember before any funds will flow into put out fires. And then what happens? objection, it is so ordered. these areas that desperately need the There is no money to put out those Mr. BURNS. I thank my good friend. money. fires. f I don’t know who is giving advice on The disaster money we are talking this issue. I don’t know who is doing about today and that Senator STEVENS FIGHTING FOREST FIRES the thinking on this issue. But I will came to the floor and told the House Mr. BURNS. Mr. President, on the tell you right now, it is wrong-headed about, the Departments of our Govern- floor of the House of Representatives to do it as the apparatus is set up to ment say: Well, we have a disaster. We this morning, they are debating a sup- get it done now. It is just wrong-head- have to spend the money. plemental appropriations bill that ed. I feel powerless to do anything, es- Surely, they do. What they do is, deals with some serious issues that are pecially for the forests in my State of they take money from other aspects of happening under the heading of disas- Montana, and that is not a very good the Government. What are those? ters across this country. The appro- feeling. Many of them are accounts which priations bill does not designate any Mr. President, I yield the floor. would be used for major prevention on money for firefighting in the West. I The PRESIDING OFFICER. The Sen- the forests. If there isn’t any money for have been told that right now the For- ator from New Mexico. that, the year will pass. The money est Service currently has $352 million Mr. DOMENICI. Mr. President, before will have been spent on the disaster, available for wildfire suppression, but the Senator leaves the floor, I wish to and we will be here talking about a that is only going to last the next 2 make a comment. supplemental that is too late and inad- weeks. The latest projections, which First, I was present when Senator equate, and the prevention will not are conservative, I am told, indicate STEVENS, the chairman of the Appro- occur. the expected expenditure for fighting priations Committee, spoke, which was It is so desperate that in our Com- forest fires this year is $775 million. prior to Senator BURNS. He heard him, mittee on Energy and Natural Re- We have a certain amount of money he talked to him, and then he spoke. sources, there have been suggestions to set aside for prevention; that is—if we I wish to talk a minute about an try to set this money aside, to set up a didn’t have this procedure called ap- issue that is dear to the Senator and new fund, a whole new way so that the peals—those accounts that are set Senator BINGAMAN, who sits here, and prevention money is prevention money aside for prevention will now be moved myself. We continue to have meetings and nothing else. The distinguished over to fire suppression. We are be- in our Committee on Energy and Nat- Senator, Mr. BINGAMAN, has suggested tween a rock and a hard place. ural Resources and the Agriculture such an effort. It occurs to me that with the support Committee of the Senate trying to ana- I am not sure it will work because of the White House, a clean supple- lyze why it is we are unable to address obviously once you get a big forest fire mental for fire suppression, under the issue of thinning our forests and going and you don’t have any money to emergency conditions, makes a lot of getting rid of blighted areas in large put out the fire, they are going to find sense. We have to provide some money manner rather than taking so long and the money somewhere within the De- for fire suppression. The American peo- sitting by and watching the forests of partment, unless you took it out of In- ple are turning on their television sets America deteriorate to the point that terior and put it in the Army and said: every night, and every night our for- they become tinderboxes. They are so You can’t get it because it isn’t even ests are afire. filled with overgrowth that fires are in- there. They are going to have to use To give a rundown, they have evacu- evitable. And when fires happen, very the money they have and make it fun- ated all of Glacier National Park. Even big trees burn because the bottom is gible, take it away from prevention some people they said would not have totally filled with too many trees, too and use it for disaster. to evacuate—they are inholders in the much brush, too many of the branches Somehow or another we have to stop park and have homes along Lake and leaves that have fallen. Then thou- that. While I am not today able to say McDonald—they had to prepare their sands of acres are blighted and dried to the House what they are and aren’t homes for fire prevention, and they left and nobody is doing anything about it. doing because I am not privy to what the park, for example, to get their gro- Then comes a fire. Then we come Chairman STEVENS is, it seems to me ceries. Now they will not let those peo- along and we say: Let’s put up extra that something like this is occurring ple back in. That is a local situation, money to put out these fires, so-called early in the season in this supple- and I am sure that is going to get disaster money. Then groups across mental that the House is talking ironed out. America begin to run advertisements, about. Before we even get seriously That is how drastic this situation is. have meetings and say: What is the into the season, we are having more of I call upon my friends in the House of matter with Congress? We can’t get our this: Well, we are having to put out dis- Representatives: Do what is right to forests thinned. We can’t get them asters. We will find the money. And if handle the emergencies we now have fixed. We cannot get the kind of reform we didn’t put up enough, use other because, if we don’t, when we start run- that will get work done. money. And yes, there will be a whole

VerDate Jan 31 2003 01:58 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.021 S25PT1 S9934 CONGRESSIONAL RECORD — SENATE July 25, 2003 blighted area somewhere in Alaska or Encebado fire. That was a very sub- I had come to the floor to speak northern New Mexico that is supposed stantial fire, burning close to 6,000 about trade. My understanding from to get money for prevention and clean- acres of land, right behind the Taos last evening is that we were going to be up, and they will be out of money. pueblo. We got a helicopter tour with on the free trade agreement. My under- Essentially, this is not simple fun the Governor and the war chief and the standing is that perhaps we may still and games. This is serious business. We BIA officials and others to survey all be on that later in the day, after the sit around and watch the forests of the damage that had been done. Energy bill is off the floor. Maybe that America change so that they no longer On our way back after we had sur- is not the case. look like, behave like, or are like they veyed the damage, which was exten- Let me just say, as a member of the used to be. Our people know it. We sive, we flew down what is called Energy Committee, I feel very strongly know it. They are filled to the brim Lucero Canyon. That area was one that that this country needs a new energy with too much growth, too much un- the Governor and the war chief pointed policy, an Energy bill. I think it is un- derbrush. They are not even the forests out and said: This is an area which is likely that we will be able to finish an of old. You can’t take your children for greatly overgrown and which we need Energy bill by the end of next week. a nice walk in the forest in most Amer- to thin. We very much would like to There are very significant issues that ican forests because you can’t even get some Federal funds to help with remain. walk in them. this thinning activity because our next Speaking for myself, I want this Sen- I went up into northern New Mexico forest fire we fear is going to be in this ate to pass an Energy bill. I want it to to the Jemez area and surrounding canyon. be a good one, one that does all four where I remember, as a youngster, we It is also part of the Taos pueblo things that are necessary in a good used to go. There were huge cotton- land. It is clearly also in danger of bill: One that promotes additional pro- wood trees, wide open, full of pine nee- burning. That is one area which is one duction of the sources of energy that dles. And believe it or not, it was filled of many areas in northern New Mexico we need; one that promotes increased with beautiful growth, such as mush- and throughout the West that could be conservation, which is a significant rooms and things that are very pretty. singled out for high risk of being subpart of our energy needs; for a barrel of You find you can’t even walk, much ject to some kind of catastrophic fire. oil conserved is about the same as a less see if there is any vegetation, be- As Senator DOMENICI said, there are barrel of oil produced. So we need pro- cause we haven’t had any prevention. two separate needs. One, we have to duction and conservation. We also need We haven’t had any maintenance on have money to fight fires when fires strong provisions dealing with effi- those forests. start. But a separate and equally im- ciencies of all of the things we use day That is minuscule, because we are portant need is that we have to be able to day that use energy. Fourth, we minuscule in New Mexico compared to to use the funds we appropriate for need an opportunity in this legislation the West Coast—Oregon, Washington, thinning activities and for forest res- to aggressively pursue both renewable and Idaho. I suspect we are talking toration activities. We have to be able and limitless sources of energy. So pro- about the wrong things in this bill over to use that money for those purposes duction, conservation, efficiency, and in the House. We are talking about put- and not have it transferred for this renewable and limitless sources of en- ting money in the wrong place and not other purpose. So I hope we can find a ergy are very important provisions. facing up to the reality that there are solution. I want to mention one point with re- two very distinct needs. And you can- The proposal I have made is that we spect to an Energy bill that would be a not continue to rob one to pay for the essentially give the Forest Service au- balanced bill, including those four other unless you quickly meet up be- thority to go to Treasury and borrow pieces. In addition to that, we must fore the year is out and replenish all of money so they don’t have to take it deal with this question of consumer the money in the Departments that are from their other accounts. To the ex- protection. The reason I say that is, operational, that are ongoing mainte- tent there is a need to fight fires, let having chaired hearings in the Com- nance and operation of the BLM and them go to Treasury and get that merce Committee on what happened in the Forest Service of America. money and then have that money reim- the State of California and in the en- I urge the House to do that and be bursed by Congress in a supplemental tire set of Western States some while careful not to rob those accounts so later. ago—a year and a half or so ago—it is much by not appropriating sufficient I don’t think it is tenable for us to quite clear to me that having chaired money for the disaster straight out and think each year, when we have the fire those hearings, we had wholesale leave that other money to be used for season, we are going to pass a new sup- cheating going on, and ratepayers from what it is intended. plemental appropriations bill. We may the Western United States were bilked I yield the floor. have to do that this year. I am not ar- of billions of dollars. I am saying this The PRESIDING OFFICER. The Sen- guing against doing that this year. But money was stolen and bilked from con- ator from New Mexico. that is not a long-term solution to the sumers. It happened because some com- Mr. BINGAMAN. Mr. President, let problem. We need to recognize this panies decided to collude in ways that my compliment my colleague on his problem is with us. Every year we have they were able to cheat the consumers. statement and also our colleague from these fires and every year we come up Regarding Enron Corporation, for ex- Montana. short in funds to fight them. ample, we unearthed memoranda that This is a very serious issue, one we I very much hope we can solve that described strategies by which they have had many hearings on, one very problem and do it in a way that avoids were going to bilk consumers—Get recently. The problem is just as Sen- the robbing of funds from the restora- Shorty, Fat Boy, Death Star. They ator DOMENICI described it. We have tion accounts, which is what we have sound like movies, but they are not; sort of an annual event. Annually, we been doing each year. they are strategies by which one com- find out we haven’t put enough money Mr. President, I yield the floor. pany decided to cheat west coast con- in these appropriations bills to fight The PRESIDING OFFICER. The Sen- sumers. There are many other compa- fires. Accordingly, the agencies in- ator from North Dakota is recognized. nies also. volved, in particular the Forest Serv- Mr. DORGAN. Mr. President, my un- The FERC, a regulatory agency, has ice, understandably have to go some- derstanding is that we are on the En- been investigating this. They have where to get that money. They go into ergy bill. My colleagues are speaking come up with some hard words, tough these other accounts. These are the of forests. I come from a State ranked words, but not quite as tough a set of funds they should be using to do the 50th among the 50 States in native for- actions as I would have liked. My point forest thinning and forest health and est land. So I am much less acquainted is, having learned what we did about restoration work we all know is essen- with the challenges of America’s for- what happened in the energy markets tial. ests, forest fires, and other issues than on the west coast, we need strong con- Last Saturday, I went up to Taos in are my two colleagues. I wanted to sumer protection provisions in the bill our home State to see the damage that make a comment about the Energy that is voted out of the full Senate to was done in the Taos pueblo by the bill. go to conference with the House. I feel

VerDate Jan 31 2003 01:58 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.024 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9935 strongly that we need to pass a bill. We middle of the week. Idaho, Montana, a lot of trade issues, and cochair a cau- will head into the winter with severe Nevada, eastern Washington, Oregon— cus on the Hill. dislocations between supply and de- all of us are afire at this moment. The Senator who is in the chair at mand of natural gas. Natural gas prices The supplemental money we put in this moment is as frustrated as I am will increase dramatically. They are for the Forest Service and for wildfires, about these current free-trade agree- already on the rise. That is going to be which the House took out, was to re- ments in front of us, because our trade exacerbated in the coming months. plenish last year’s accounts from which ambassador has stepped into an arena Coming from a northern State where we had borrowed to fight last year’s that is frankly none of his business, if natural gas is a pretty important com- fires. The accounts we borrowed from I can be so blunt, and that is immigra- modity to us in the cold, with our hard were the very accounts that would tion law. I think the Senator from winter climates, this will be a very im- allow people to go out on the ground North Dakota is as frustrated by that portant issue. We are not going to be for the purpose of rehabilitation, for as I am. The Senator from Alabama, able to fix that in the Energy bill in doing the kinds of things necessary to Mr. SESSIONS, has crafted a sense of the the short run. But we need to tell the begin to environmentally improve the Senate I am looking at that will speak American people we have set in place land, the 7.5 million acres that burned very boldly to the fact that if the trade policies that help resolve these issues last year in a phenomenal wildfire sce- ambassador wants to send up other for the long term and intermediate nario. free-trade agreements—Senator SES- term. I hope we are able to do that. We are deeply into that already this SIONS and I serve on the Judiciary I ask the chairman, if I may, I had year. Fires have burned extensively in Committee, we will be blunt about it— hoped to be able to make a presen- Arizona, and as the heat has moved up we are not going to let them out. tation on the issue of trade. If there the Great Basin States, along the This ambassador is an appointed per- are others wishing to speak on energy, Rocky Mountain ridge, of course, these son, not an elected person. He does not I will defer. If not, I would like to pro- fires now continue. have the right to go in and write immi- ceed perhaps to make the statement on Why the House has done this, I am gration law. That is not his preroga- trade, understanding that if Members not quite sure. They say there is plenty tive. If he has to discuss it, if he wants with amendments are coming back to of money. There is not because the it to become a part of a trade agree- the floor, they could interrupt me, and money was borrowed from the accounts ment, then he must tell foreign coun- I will relinquish the floor so they can of other areas within the Forest Serv- tries he will offer legislation to Con- clear the amendments. If that is satis- ice. That is a standard practice we gress to review for the purposes of ad- factory to the chairman, I will proceed have done in the past. But the problem justing trade law, if necessary, where it in that manner. is, by doing what the House did, we are fits and where a majority of the Con- Mr. DOMENICI. How long might the not replenishing the accounts of last gress can and will support it. The two trade agreements that are in Senator speak on this issue? year that we borrowed from. We have front of us are very frustrating to this Mr. DORGAN. About 20 minutes, I always done that on a historical basis Senator because I think we have a would guess. because one cannot measure or esti- trade ambassador who has overstepped Mr. DOMENICI. We are trying to mate how extensive a fire season will his authority and I think it is time we work out about 5 or 10 amendments. If be, how many acres will burn, how tell him that in as clear language as we we get them ready, we will call it to many people will be employed. We have his attention on the bill before us. In possibly can. literally thousands of people in Idaho I yield the floor. the meantime, I am going to have no right now on the fire lines, as is true in The PRESIDING OFFICER. The Sen- objection to his proceeding to discuss other States in the West, and heli- ator from North Dakota. trade as in morning business. copters are flying, aerial bombers are f I ask the Senator if he would permit flying, at this moment. the distinguished Senator from Idaho, A phenomenally large number of peo- FREE TRADE IMBALANCES Mr. CRAIG, to speak for a couple of ple are employed to stop the fires, pro- Mr. DORGAN. Mr. President, my col- minutes on the issue we have just been tect the environment, and try to save league from Idaho has described accu- speaking on, to wit, the House action the habitat, the wildlife and, in many rately the provision in the free-trade with reference to the supplemental. instances, houses, private property, agreement dealing with immigration. When he yields, I will have no objec- homes that are built up and within the But I must say, and he will agree tion to the Senator from North Dakota forests of our country, up to and within with me, I am sure, that a sense-of-the- following him, subject to the under- the forests of our country. We are obvi- Senate resolution that says, in effect, standing that if we need to interrupt ously going to have to address this in you better watch it, is the equivalent him, of course, doing it in an appro- an emergency environment. of hitting someone on the forehead priate way, to bring in the amend- I am extremely disappointed with with a feather. ments, the Senator will have no objec- what the House has done. I have talked The reason there has to be a sense-of- tion. with the Deputy Secretary of Agri- the-Senate resolution at the moment, Mr. DORGAN. That will be fine. I culture who heads up the Forest Serv- if we are to express displeasure, is be- will relinquish the floor to my col- ice, and the chief, and they are just a cause we cannot offer any amendments league from Idaho. week away from having to again start to a free-trade agreement. It is brought The PRESIDING OFFICER. The Sen- borrowing out of the accounts that to the floor under fast track. This Sen- ator from Idaho is recognized. have not yet been replenished. So their ate, in its wisdom—or in its lack of Mr. CRAIG. Mr. President, I thank capacity to pay back until we obvi- wisdom—said we agree to put our arms the Senator for giving me a moment of ously appropriate is limited. in a straitjacket so whatever the trade time to address the stopgap supple- We will continue to fight the fires. ambassador negotiates anywhere in the mental funding bill that has just come The fires will be fought. It is the reha- world, he can bring it back here and we back from the House. I come to the bilitation, it is the restoration, that is agree to prevent ourselves from offer- floor as frustrated as the chairman of funded by other accounts that will ing amendments. That is fast track. the Appropriations Committee, Sen- largely be denied. I do not have any big issues with ator STEVENS, who spoke to the issue a f Chile or Singapore. The free-trade few moments ago. Senator DOMENICI agreement coming to the Senate floor spoke, as did Senator BURNS of Mon- FREE TRADE is not even a very big deal with respect tana. Mr. CRAIG. Turning to the Senator to Chile and Singapore, the two coun- It was 100 degrees in Idaho yesterday. from North Dakota, I thank him for tries with whom the agreements are For Idaho, that is hot. It has been that the time he has allotted me. I think he made. The big deal to me is that we way for 3 weeks. We have dried up. We is going to be talking about trade and have made agreement after agreement now have forest fires burning, with lit- possibly the Singapore and the Chilean in international trade. In each case, erally thousands of acres ablaze. We free-trade agreements. The Senator this country has lost, and lost big just lost two people in a wildfire in the and I worked cooperatively together on time.

VerDate Jan 31 2003 01:58 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.027 S25PT1 S9936 CONGRESSIONAL RECORD — SENATE July 25, 2003 We have lost jobs. We have lost eco- producing the jobs in Asia and else- what we can do is say to Mr. Zoellick, nomic strength. We have massive prob- where. I want to talk a little about the ambassador, with the sense-of-a- lems in previous trade agreements. that. senate resolution: You better watch it. None of them are being fixed. None of Ambassador Zoellick is a perfectly I will vote for it, but it is like beat- them get solved. What gets done? Well, nice person. He is our U.S. trade am- ing someone over the head with a new trade agreements seem to emerge bassador. Most people would not recog- feather. It does not mean anything. on the Senate floor. Rather than fixing nize his name from a cord of wood, but Let me talk about what they should old trade agreements and beginning to he serves in a pretty important role. be doing instead of creating new fast- support this country’s interests, what He is the trade ambassador. He goes track agreements. Instead of rushing we want to do, according to the trade overseas with his staff and they nego- off to create new trade agreements, let ambassador, is bring new trade agree- tiate trade agreements. These are the me make a couple of suggestions. ments so we can debate and vote on agreements by which we trade with I will vote against these trade agree- those. other countries. They negotiate behind ments because we ought to be fixing What I want to do this morning is closed doors. We are not there. Our old problems before we create new talk a little bit about some of those old constituents are not there. These are ones. That is not a judgment about trade agreements and talk about what trade negotiations behind closed doors Singapore or Chile. It is a judgment ought to be done rather than debating in which they decide what kind of about what I think the obligation of new trade agreements at this point. trade relationship we will have in the our trade ambassador is. Under Repub- First, it is worth noting what our future. Then they come back to us with lican and Democrat administrations, trade deficit is at this point. This is an a trade agreement and they say, here is they have systematically failed in the article from the Washington Post. It our agreement between our country obligation to correct trade problems. shows the trade deficit the end of last and China, our country and Japan, our Let me mention a couple. Japan has a very large trade surplus year. It is the highest trade deficit in country and European countries. with us. We have a very large trade def- history. The trade deficit soared to $435 Then they say to the Congress, be- icit with Japan. Each year, we have a billion on an annual basis in 2002, and cause the Congress previously agreed: $50, $60, $70 billion trade deficit. One of it is worse now, of course. you cannot change the agreement. We negotiated it in secret, but you have a the products that we would like to ex- Nearly one-fourth of the year’s deficit in port more of to Japan is beef. Fifteen goods trade was with China, which sold $103 responsibility to vote on it, up or billion more goods to the United States than down, yes or no, with no changes, no years ago we reached a new beef agree- it bought here. amendments. And the Congress was ment with Japan. We had negotiators over there negotiating, and they fi- I will talk about China. It is a story foolish enough to agree. nally reached an agreement. It was in itself. They ship us all their trin- Here we are. This morning we are front-page headlines in the American kets, trousers, shirts, and shoes, and talking about a sense-of-the-Senate newspapers. You would have thought they come into our K-Marts and our resolution to say to the trade ambas- they won the Olympics. They were WalMarts and our grocery stores and sador: Better watch it. Why? Because celebrating and rejoicing and feasting. we buy all of these things from China. he went off to Singapore and negotiated a free-trade agreement with Big beef agreement with Japan. Guess what. China’s market is not very Singapore that said: By the way, in It is 15 years later. Where are we 15 open to the products our employees this free-trade agreement having noth- years after a beef agreement with and our businesses produce. They are ing to do with trade, we will insist that Japan, a country with whom we have a not buying very much from us. very large deficit? Every single pound What does it mean to us? It means we a provision will allow 5,400 immigrants from Singapore into the United States of American beef going to Japan has a do not have jobs. It means we have peo- under 1-year visas that will be renewed 38.5 percent tariff on it 15 years after ple today looking for work who cannot indefinitely. the agreement. And that is set to snap find a job in this country. What are they going to come here back to a 50-percent tariff on every sin- Now, it is interesting, there was a for? To work. Will they come to see gle pound of beef we send to Japan. story recently about this being a job- movies, drive around on Sundays? No, Does Japan need more T-bones? Of less recovery. Of course, we do not have they are coming here for a job, to course. More hamburger? Of course. much of a recovery. It is pretty anemic work. We have millions and millions of But every single pound has this ex- at this point. We have very slow eco- Americans who need a job, who are out traordinary tariff on it. Why? Because nomic growth. So this economy is just of work, who are struggling every sin- the Japanese are trying to keep it out. sort of bumping along, just hiccuping gle day. And this trade agreement says: They do not want as much as we should from day to day, week to week, and What we would like to do, in addition be sending at a time when we have a month to month without much to creating the trade circumstances huge trade deficit with Japan. strength at all. So they say, this is a that exist by this agreement with us It is unforgivable. Do you hear com- recovery that is jobless. and with Singapore, we agree 5,400 peo- plaints from our country about it? No, Well, they miss the point on that. ple from Singapore will come here to no one is talking much about it. It is Oh, there are jobs created by American work. fine with most people around here to enterprise. There are jobs created by Usually, if one disagrees with that— run a huge yearly trade deficit with ingenuity that comes from U.S. firms. and I certainly do—we would offer an Japan. It is not fine with me. The trade It is just that the jobs that are being amendment to strip this from the trade ambassador, it is fine with him. They created are not being created in this agreement. But we cannot in this in- are so busy negotiating new agree- country. This is a recovery, all right, stance, because of the fast track au- ments with new countries that they an anemic recovery with jobs, but the thority we handed to the executive cannot seem to resolve these issues. A jobs are not here. The jobs are over- branch. country with whom we have a $60 to $70 seas. More and more, we see jobs in fac- If ever you want a description of why billion trade deficit ought not apply tories that are moved overseas that it is ‘‘dumb’’ for the Congress to decide 38.5 percent tariffs on the products our used to be good American jobs. to put itself in a straitjacket, this is it. ranchers want to send to the dinner So if in fact this is a jobless recovery, We are going to vote, probably Monday table in Tokyo. it is jobless only to the extent that it or Tuesday, on a free-trade agreement What about wheat with China? We is jobless in the United States. We have with Singapore. That free-trade agree- just did a trade agreement with the millions of Americans who desperately ment has a provision in it that will country of China, in order for China to want a job, they want to go to work, have 5,400 people from Singapore com- join the WTO. China has a $103 billion but there are not enough jobs avail- ing to this country to take jobs in this trade deficit with us. They send us ev- able. Two-and-a-half million people country, when we have 8 to 10 million erything. They send us their trousers, who were working a couple of years ago Americans out of work; and we cannot trinkets, shirts, and shoes. They send now are not working because this econ- do a thing about it—not a thing. us everything. Our marketplace ab- omy is not producing the jobs here. Frustrated? Sure, as I am sure are sorbs it all. But the fact is, their mar- Too many American corporations are many others. Can you do anything? No, ketplace is not open to us. What does

VerDate Jan 31 2003 01:58 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.050 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9937 that mean? It means jobs move from ing movies, the best in the world. Do Europe. Let me talk about automobiles this country to China. People here are you know that before China entered in Korea. unemployed, out of work, and we are the WTO, China allowed 10 movies into Do you know in the last year we sent running up this huge trade deficit with the Chinese marketplace a year—just automobiles to Korea, about 680,000 Ko- China. 10? Not 11, not 12—but 10. That was the rean automobiles came into this coun- Let me mention the agricultural side limit. try—Daiwoos, Hyundais—Korean auto- of trade with China because I care a lot But when they joined the WTO in 2001 mobiles. They are probably wonderful about that. I come from a wheat-pro- there was this giant liberalization of cars. I don’t know, I have not driven ducing State. And our trade officials trade by China. Do you know what them. But 680,000 Korean cars came dealing in agriculture on our side re- they do now? They allow 20 movies into into the United States. cently stated that China has failed the Chinese marketplace. I guess that Do you know how many U.S. cars we miserably to live up to the promises it is all right with us. In fact, I had peo- got to Korea? We sold 2,800 cars to made when it joined the WTO in 2001. ple in that industry say we have really Korea. They shipped us 680,000; we sent In fact, before he resigned, the top U.S. made progress here, big advantages, them 2,800. Do you know why? Because trade official dealing with agriculture double the movies into China—10 to 20. Korea doesn’t want American cars in in China said we should file a trade We have such low expectations of our its marketplace and they put up bar- complaint against China, but we are trading partners it is incomprehensible riers and impediments to keep them not doing so. Despite a recommenda- to me. out. tion that we should, we are not doing Let me talk about beef with Europe, What are we doing about that? Noth- so for foreign policy reasons. We do not turning to Europe for just a moment. ing. We don’t do anything about any- want to upset the Chinese. God forbid The occasions in which I have traveled thing. All we do is go negotiate a new we should upset the Chinese. to Europe and opened the pages of the agreement and bring it to the Senate So we have a $103 billion trade deficit European newspapers, I hear the con- and say, Oh, by the way, we have stuck with China and our jobs are cerns of the Europeans about growth some extraneous things in and if you evaporating in this country, moving to hormones in American beef. Here is the don’t like it, tough luck, because you China for lower wages. And we do not way they picture American beef: Two- can’t offer amendments. want to upset them. We do not want to headed cow. Right? Growth hormones, Does anyone care about the imbal- demand their market be open to our God forbid you raise two-headed cows ance in Korean automobile trade? They products. and you can’t eat them because it will sent us 680,000 cars and we only get Instead of having a trade ambassador ruin your health. 2,800 to Korea. Does anybody care working on that problem, we have new Of course, none of that is true. But about that? trade agreements. I do not understand nonetheless they have effectively kept There is an interesting example that at all. U.S. beef out of Europe. about the Dodge Dakota pickup, just Automobiles and China has always So we filed a trade complaint and our recently. In February of this year, been interesting. Our trade nego- trade complaint on European beef was DaimlerChrysler started to sell the tiators, a couple years ago, went to upheld. And Europe is supposed to let Dodge Dakota pickup in Korea. The China regarding the bilateral trade our beef in. But they have not. pickup is made in Detroit, by the way. agreement under a Democratic admin- So we said: All right, Europe, you are Korea doesn’t manufacture pickups istration—all the Democrats and Re- not letting our beef into your market- like the Dakota, so DaimlerChrysler publicans in the White House have the place and you should, the WTO says thought it had pretty good potential in same trade view. But let me give you a you must, we won the case, and since Korea and the company started mar- description of the bilateral trade agree- you are not going to abide by the deci- keting to small business owners. It was ment on automobiles. China is a coun- sion, we will play hardball. initially quite successful. It got orders try of 1.3 billion people who want sub- Do you know what we did? We said: for 60 pickup trucks in February and stantial additional growth. Our trade All right, we are really going to whip another 60 in March. negotiators said we agree, after a you into shape, we are going to take Guess what happened? In March an phase-in, China can have a 25-percent tough, no-nonsense enforcement official with the Korean Ministry of tariff on any automobiles we send into against you. We said: We are going to Construction and Transportation de- China, and we will have a 2.5 percent impose tariffs on your truffles, goose cided Dodge Dakota pickup trucks rep- tariff on any Chinese automobiles sent liver, and Roquefort cheese. That will resented a hazard. He said some people to our marketplace. Our negotiators scare the devil out of a country, won’t were even putting optional cargo cov- said they agree to a tariff that is 10 it? Take action against truffles, goose ers on the vehicle and that might be times higher on U.S. cars being shipped liver, and Roquefort cheese. Is there a dangerous if passengers rode in the to China than we would impose on a reason people think we are wimps in back, so he announced that cargo cov- Chinese car coming to the United international trade? I think so. It is bi- ers on pickups on Dodge Dakotas were States. zarre. illegal, and drivers of the pickups Why on Earth, on a bilateral agree- When the Europeans want to get would be fined if they put on a cargo ment in this sector, would our nego- tough with us, they pick sectors like cover. And the Korean newspapers had tiators ever agree to something like steel and textiles. That sounds robust, huge headlines: ‘‘Government Ministry that with a country with which we doesn’t it? But we are going to go at Finds Dodge Dakota Covers Illegal.’’ have a $100 billion trade deficit? I don’t them on goose liver. Guess what happened. Korean con- have the foggiest idea. Shame on us. We ought as a country sumers got the message. They canceled This is a 1.3 billion person country to decide we are going to protect our 55 out of the 60 orders they had placed that will need automobiles at some marketplace, not against competition, for March. point in the future, and we say: We will but against unfair competition, that The Korean Government has done give you a deal. You have a huge sur- we are going to demand of other coun- this time and time and time again, to plus with us, or we have a big deficit tries, if our marketplace is open to shut down our exports of automobiles with you. We will give you a deal. On them, their marketplace be open to us. to Korea. automobile trade, we will agree you I am not a protectionist. I don’t believe On the subject of trade with Korea, I can have a tariff 10 times higher than we ought to put walls around our coun- could tell you if you try to send potato ours to keep our cars out. try. I believe our consumers are advan- flakes to Korea from this country you Unforgivably incompetent, I must taged by expanded trade. But by the will find there is a 300 percent tariff on say. I am not talking about people, I same token I believe very strongly that potato flakes used to make confection am talking about the policy. trade ought to be fair. food. Something also of interest to me— It is not fair trade with respect to I could go on for some length at the again, I mention China, but I will get the Chinese and the circumstances I barriers we face sending America’s to a couple of other countries—is mov- mentioned. Let me mention Korea, just products overseas into markets that ies. Our country is pretty good at mak- for a moment. I talked about China and ought to be open to us because our

VerDate Jan 31 2003 01:58 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.053 S25PT1 S9938 CONGRESSIONAL RECORD — SENATE July 25, 2003 markets are open to them. But we as a horizon; that they know better; and, if eastern Guangdong province is described by country don’t seem to think too much we understood all of this, we wouldn’t family, friends and co-workers as an example about that, we are so busy doing new be critical of it. of what China’s more daring newspapers call guolaosi. agreements. But the question that is fundamental The phrase means ‘‘over-work death,’’ and I have a chart here that shows where to me is this, Should we not require usually applies to young workers who we are with trade deficits. With almost that trade be fair? saddenly collapse and die after working ex- every country in the world, we have Let me give an example of what I ceedingly long hours, day after day. very significant trade deficits. And mean by ‘‘fair.’’ Li worked for 16 hours, running back ironically, the U.S. trade ambassador Our trade relations are unfair in so and forth on the factory floor, and had has been negotiating with the very few many different ways. Is it fair, for ex- not had a Sunday off for 2 months—not countries with which we have sur- ample, for a worker in a manufacturing even a Sunday off. I don’t know the pluses, like Singapore and Australia. I plant in the State of Georgia to com- wages Li made, but I can tell you that expect those will soon turn to deficits, pete against a 14-year-old young man I have gone to some of those places in given our proclivity to negotiate trade or a 14-year-old young woman working the world. There are circumstances in agreements that don’t work for our 14 hours a day, being paid 14 cents an which 12-year-old kids are working 16 country. hour in a manufacturing plant in Ban- hours a day and are being paid 14 cents Let me talk just for a moment about gladesh or Indonesia to produce a prod- an hour. It is not, in my judgment, fair Canada. We face wheat coming into uct that is then sent to our market- trade. If they take the product of their this country from Canada, sold by an place to sit on a store shelf in a small work, send it to our store shelves, and entity that would be illegal in this town in Georgia? Is that fair competi- tell American workers and businesses, country, called the Canadian Wheat tion for the company in Georgia that Compete with this, it is not a standard Board. It is a state-controlled monop- makes the same product, that pays the with which we ought to aspire to com- oly that would be illegal in the United minimum wage, that prevents the pete. States. Yet every day we have Cana- dumping of chemicals and sewage into We ought not be racing to the bottom dian wheat shipped into our country at the water and air, that makes sure on the question of workers’ standards, what we allege are prices below the they have a safe workplace because on the question of child labor, and on cost of acquisition, dumping in our they understand those are require- the question of basic fairness and country. It is unfair trade. It has been ments in this country, because there wages. We ought not be racing to the going on for a decade and you can’t are prohibitions against child labor and bottom. Yet that is what we are being stop it. You just can’t stop it. It is prohibitions against working people 100 set up to do with some of these trade enormously frustrating for our farmers hours a week? agreements. because it takes money right out of Is it fair competition to allow into Let me say again that this trade am- their pockets. that store and onto that store shelf for bassador and others have a responsi- One day some while ago I went to the the consumer a product made by some- bility to be solving trade problems cre- Canadian border with a man named body who works 14 hours a day and is ated by past trade agreements and not Earl in a 12-year-old orange truck. being paid 14 cents an hour? presenting us with new trade problems He and I went to the Canadian border This is a true story. A worker in Ban- in new agreements. with about 200 bushels of durum wheat. gladesh is paid 1.6 cents for every base- My main interest today is not Chile All the way to the Canadian border we ball cap she sews, which is then sent to or Singapore. My interest is that this met 18-wheel semi-trucks loaded with a store in this country to sit on the country has the largest trade deficit in Canadian wheat being shipped into this shelf and is sold for $17. human history, and this country is suf- country. When we got to the Canadian Is there a company in this country fering a mass exodus of jobs that used border, we couldn’t take a small that can compete with that? I don’t to be held by Americans, which are amount of durum wheat in a 12-year- think so. Is it fair trade? now moved to plants and factories old orange truck into Canada. They Let me give you an example, if I where they can pay pennies on the dol- stopped us cold. We couldn’t move. At might. The story is entitled ‘‘Worked lar for an hour’s wages. My concern is the same time, we had all of these Till They Drop.’’ It tells of a woman that the rules of trade have not kept semi-trucks coming into this country named Li Chunmei. Unfortunately, it up with the galloping globalization of loaded with wheat. Unfair? You are is not a very unusual story. trade. darned right it is. In fact, Canadian Li Chunmei was 19 years old. She The winners are not, as some would wheat is dumped into our country worked in a toy factory in China. They have us believe, poor people in other below the cost of production. Yet we made stuffed animals for the U.S. mar- countries who now have jobs. There are are not able to get satisfaction. ketplace. Let me read from the article. plenty of studies and evidence showing Regrettably, the same is true in al- On the night she died, Li Chunmei must that in the last 20 years of most every circumstance. Instead of have been exhausted. Co-workers said she globalization, the poor have not im- trying to resolve these issues for our had been on her feet for nearly 16 hours, run- proved their lot in life. producers, for our employers, and for ning back and forth inside the Bainan Toy These trade agreements are about our employees in this country, we have Factory, carrying toy parts from machine to raw profits. These profits have in- this free trade fever to negotiate all of machine. creased because those who produce these new agreements, and we are cor- Long hours were mandatory, and at least two months had passed since Li and the those toys—in this case, from a toy recting none of the problems in pre- other workers had enjoyed even a Sunday factory in China—don’t have to pay a vious agreements. off. decent wage. But it has not improved Those who speak as I do, we are often It had been two months since she and the lot and life of those who work 16 referred to as ‘‘protectionists.’’ The pa- other workers had a Sunday off. hours a day—teenage kids—and don’t pers will not print op-ed pieces by have a Sunday off for 2 months. someone like me on this subject. They The factory food was so bad, she said, she My question is very simple to this felt as if she had not eaten at all. will print reams extolling the virtues ‘‘I want to quit,’’ one of her roommates, trade ambassador and others: Why will of this trade policy that comes from Huang Jiaqun, remembered her saying. ‘‘I you not begin to solve some problems, Republican and Democratic adminis- want to go home.’’ demanding on behalf of the workers of trations, but they will never print an Her roommates had already fallen asleep this country and demanding on behalf op-ed piece by someone who speaks as when Li started coughing up blood. They of the businesses of this country—yes, I do about the need to enforce trade found her in the bathroom a few hours later, from Japan, from China, from Korea, laws. curled up on the floor, moaning softly in the from Europe, and others—demanding The view of most around here is that dark, bleeding from her nose and mouth. Someone called an ambulance, but she died fair trade rules and understanding there is a globalization going on and before it arrived. there is an admission price to the that there are some of us don’t get it; The exact cause of Li’s death remains un- American marketplace? we are the xenophobic, isolationist known. But what happened to her last No- This marketplace of ours we fought stooges who simply can’t see over the vember in this industrial town in south- for, for 100 years. When I say ‘‘fought

VerDate Jan 31 2003 01:58 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.056 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9939 for,’’ there were men and women who make Ambassador Zoellick shake in AmeriCorps that occurred because of died in the streets of this country his boots. It is like hitting him in the bureaucratic mismanagement, so that fighting for the right to organize as forehead with a feather. Sense of Sen- volunteers would not be penalized and workers. We have had major battles in ate: You better not do that again. they could come into our school-based this Chamber on the issue of child The fact is, nobody in this Chamber programs. labor, on the issue of minimum wage, can do a thing about it because this Well, guess what is happening now in and on the issue of safe workplaces and Chamber decided long ago it would not the House. This very minute they are polluting streams and the air shed. We allow itself to offer an amendment. It debating a rule that, No. 1, limits de- fought those battles, and this country is fundamentally at odds with our con- bate and prohibits amendments. If the has come to grips with the under- stitutional responsibilities, in my judg- rule passes, the House will take up a standing that you shouldn’t put 12- ment. But enough Members of this Sen- bill that will essentially strip-mine the year-old kids in factories and work ate decided to embrace that foolishness urgent supplemental the Senate them 16 hours a day and pay them 12 and we are now stuck with a cir- passed. The House only wants to pass cents an hour. We don’t do that be- cumstance where this agreement will almost half of what the President says cause it is not right. It is not right ei- say 5,400 folks from Singapore can he needs for FEMA, and take out all of ther to ask American workers to com- come here and take 5,400 American the other programs. pete with unfair trade practices. jobs, at a time when we have 8 to 10 My message to the House is: Don’t do Unless this country starts to stand million people who are looking for it. Don’t pass that rule. It is an embar- up for its interests, we will not soon work. Boy, that doesn’t add up, where rassment to you and to the people in have a manufacturing base left and we I come from. desperate need. If you pass the rule, for will not have family farmers available I intend to speak at greater length on gosh sakes, don’t pass the bill. in the future. Monday and try to get some of this I cannot believe the House of Rep- I know when I speak this way, there trade frustration off of my chest, at resentatives will pass us a take-it-or- are those who take a look at it and least, and see if we can’t try to push leave-it supplemental that takes out say: Oh, again, another protectionist. people—if not pull them—into begin- help for FEMA, takes out help for Again, I believe expanding trade is ning to stand up for this country’s eco- wildfires, will not let the NASA com- beneficial to this country, but only if it nomic interests. No, we don’t want an mission go on, and essentially pokes is done under circumstances in which advantage, we just want to stand up for AmeriCorps volunteers in the eye, the rules are fair to those of us in this our economic interests and demand fair when we are ready to harvest their country. trade on behalf of American workers idealism and put them to work in We ought never, ever be concerned and American businesses. Teach America and other education about standing up for our interests. If Mr. President, I yield the floor. programs. House of Representatives: Don’t go we have trade agreements, trade ought The PRESIDING OFFICER (Mr. out for a 5-week break without helping to be mutually beneficial. Too often in CHAMBLISS). The Senator from Mary- these desperate situations. the past our trade agreements, with land. Ms. MIKULSKI. Mr. President, I ask What is an urgent supplemental? An country after country after country, unanimous consent to speak as in urgent supplemental says when the have not been mutually beneficial. Federal Government runs out of funds We had a trade surplus with Mexico; morning business. The PRESIDING OFFICER. Without in key programs, because of unintended did an agreement with Mexico, and objection, it is so ordered. consequences, we, somewhere in the turned it into a big deficit. We had a f spring, pass legislation to deal with modest deficit with Canada; did an that. That is what we are supposed to agreement with Canada, and turned it URGENT SUPPLEMENTAL be dealing with now. It is urgent, it is into a huge deficit. It has been the APPROPRIATIONS supplemental, and it is desperately same with Europe, the same with the Ms. MIKULSKI. Mr. President, I join needed. GATT legislation. All of it has been a with my colleague, Senator STEVENS, I express my disappointment that the colossal failure, in my judgment. The and other colleagues from the West to House of Representatives has blocked biggest trade deficit in human history: protest what the House is about to do emergency funding for disaster assist- $1.5 billion every single day, 7 days a in the urgent supplemental bill. ance for wildfire assistance, for week. That is what we purchase from Mr. President and colleagues, and all AmeriCorps volunteers. abroad more than we ship abroad. And Americans who are listening, you have We saw this coming. Who spotted it? it means we are moving America’s jobs to understand what is happening. The Our very able chairman of the Home- overseas at an accelerated rate. Senate passed an urgent supplemental land Security Subcommittee on Appro- The question is, who will be the con- bill to deal with shortfalls in funding priations, Senator COCHRAN, and Sen- sumers in the future? If Americans do where America is facing disasters. ator BYRD saw this emergency disaster not have access to good jobs, who will No. 1, our Federal Emergency Man- coming. In April of this year, Senator be the consumers in the future for agement account, which responds to COCHRAN and Senator BYRD asked these cheap imports into this country? disasters such as hurricanes, earth- President Bush to help with emergency We better come to grips with these quakes, and other natural disasters, funding for FEMA disaster relief. They trade issues, and soon. I am going to and even a terrorist attack, is in dan- rightly calculated FEMA would be come to the Chamber on Monday and ger of running out of funds within a down to $89 million at the end of July, speak more about trade when we have matter of days. As of July, they were just when we are heading into high the vote on the Free Trade Agreement. down to $89 million, and we acted hurricane season, and there would be But let me again say, as I conclude, swiftly to send a bill to the House that the possibility of other natural disas- the reason we are having this vote this would include $1.6 billion to replenish ters. And God forbid we have to have way is because this Congress, impru- the account. the money if there is another attack on dently, in my judgment, decided to tie Also, the West is enduring wildfires the United States of America. its hands with something called fast of unbelievable magnitude because of a They asked for the money in April. track. It says: Oh, yes, let’s offer up combination of fire and drought. Silence from the White House. Silence our hands, put handcuffs on them so we Again, as fellow Americans, we joined from the White House. Silence from cannot offer any amendments. with our western Senators to put OMB. Silence—where the clock was So now Ambassador Zoellick brings money in the Federal checkbook to ticking, as the money dwindled down. us the Singapore Free Trade Agree- deal with these wildfires. The President did send Congress a re- ment, which says we will allow 5,400 We also included funds to deal with quest on July 7. He did say FEMA citizens from Singapore to come to this the shortfall in the committee that is would run out of money. So the Senate country to take jobs. We have some investigating what went wrong in the acted very quickly with the President’s folks who don’t like that, so they are Columbia disaster. request, led by Senator STEVENS and going to do a sense of the Senate reso- Guess what. We also added $100 mil- Senator BYRD, the chairman and rank- lution. Oh, my God, that is going to lion to deal with the shortfall in ing member of the Appropriations

VerDate Jan 31 2003 01:58 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.058 S25PT1 S9940 CONGRESSIONAL RECORD — SENATE July 25, 2003 Committee. Expeditiously, within 48 scionable and irresponsible for we on Then the Senate, the next day, had a hours of the President’s request, the the Atlantic and gulf coasts who are at vote. Appropriations Committee in the Sen- the height of the hurricane season, and How unlike the House. They can’t ate acted. We approved money for dis- they know it. even offer an amendment. Then they aster assistance. We approved $1.6 bil- When it comes to looking at the didn’t even have the backbone to face lion for disaster relief. We approved whole issue of wildfires, they know us in conference. money to help with the Space Station what the West is facing. It is not a TV I don’t know how they are going to Columbia. We approved money to help item. It is brave people willing to put go back and face their constituents with the wildfires facing our Western themselves on the line. States are at a with the fact that they have short- States and possibly even Alaska itself, financial crisis, and now they are fac- funded FEMA. They have taken out the and much-needed help in mountain ing the fire crisis. As an east coast wildfire money, which I cannot under- counties of West Virginia. Senator, my heart goes out to those in stand. Why punish the West that has We helped with AmeriCorps. We did the West. been hit by drought, hit by wildfires, it. And I was a proud sponsor of adding Then when we look at NASA—we and hit by a budget crisis? I don’t $100 million for AmeriCorps. There went to the memorial. We said: A think Americans should do this to were Senators who had disputes on grateful nation will never forget. We other Americans. this, so we had a separate vote on are going to get to the bottom of this. I have spoken about the NASA com- AmeriCorps, kind of the American way. We are going to fly again. mission. When it comes to the I thought: majority ruled. I would have I hope we do. Hats off and salutes to AmeriCorps volunteers, let me tell you been disappointed if the Senate had de- the commission being led by Admiral what is going to happen if we don’t do feated my amendment, but we followed Gayman. It is thorough, it is rigorous, this. On August 1, Wendy Kopp, one of usual and customary procedures, and it is leaving no stone unturned. We are the true leaders of America, is going to the Senate sustained the AmeriCorps going to get great results. But they tell several thousand volunteers ready funding by a vote of 71–21. need the money to finish the commis- to go into classrooms: The U.S. Con- Then we passed the urgent supple- sion. And where will they get the gress didn’t think you were important mental as part of the legislative branch money? Go back to NASA, take it out enough or valued enough to put in the appropriations 85 to 7. Again, majority of the shuttle? Take it out of space grant funds for you to go into those ruled. science? It is a slap in the face for the classrooms, authorize the working in The Senate quickly appointed con- families of those astronauts we prom- PAL programs, literacy programs, all ferees. Remember, the Senate moved ised we would get to the bottom of of the education stuff that needs to very quickly. The President made a re- this. We have a great commission with start in September. We didn’t think it quest on the 7th. We went to com- an outstanding leader, and we should was urgent enough. We wanted to have mittee on the 9th; to the Senate floor put the money in the Federal check- a temper tantrum over a bureaucratic on the 11th. Isn’t that just terrific. We book. snafu, so we are not going to punish knew we had to move fast because it is Then when we talk about the bureaucrats. We are going to pun- an urgent supplemental. Then we went AmeriCorps, 20,000 volunteers will lose ish the volunteers. We are going to to conference. Well, guess what. There their slots within a matter of days. punish the programs that help on edu- was no conference. The House has de- Why? Because the mismanagement at cation, and we are going to punish our layed, delayed, delayed, delayed. And headquarters overenrolled by 20,000 vol- children. so now at the very last minute they unteers. We have discussed this. Why I know one volunteer in education want to leave town for a recess. They punish the volunteers and the commu- who came to Baltimore. And he went want to leave 1 week before we are. nity for headquarters? Headquarters is into a very tough school under Teach Well, they don’t have to go this week. not going to lose their jobs, though I America. When he came in, the reading There is nothing that says the House did call for new leadership, and the levels were 23 percent. When he walked has to evacuate Washington. They President has responded. Senator BOND out, after he had finished his could stay another couple of days. is the one who has been a champion of AmeriCorps commitment, those kids But all of last week, ever since we fiscal reform. He has stood sentry over were reading in the 71st percentile, a passed this bill on July 11—and it is the issues related to AmeriCorps. The 50-percent improvement. That young now the July 25—for 14 days I have House was silent on it. And the uncov- man changed those kids’ lives, but been waiting to go to conference to ering of the debacle occurred in the those kids changed that young man’s work on this supplemental. I was ready Senate under Senator BOND’s leader- life. He is now a regular teacher in the to go during the day. I was ready to go ship with my assistance. The reform ef- Baltimore City school system. This is during the night. I was ready to go on fort was led by Senator BOND for fiscal what this is all about. This isn’t rich weekends. I would have come here on accountability and greater trans- kids singing ‘‘Kumbaya.’’ These are my birthday. I was ready to stand up parency, again with our assistance, on kids trying to earn a voucher to pay for America and to stand up for this a bipartisan basis. for the high cost of tuition, give prac- supplemental assistance. But, no, now When we put $100 million in the com- tical experience to America. They help they are going to wait for the last mittee, there was a vote on the Senate our communities, and then in turn the minute, pull kind of a parliamentary floor to take it out. Seventy-one Sen- communities have a great impact on shenanigan, take it or leave it. ators voted to keep it in. We have been them. It is a modest public investment. What are they sending over? What an working in such a bipartisan way. I am There was a bureaucratic snafu. It embarrassment. They are sending over so agitated about what is going on in has been corrected thanks to the lead- $984 million for FEMA assistance, and the House. We have had bipartisan co- ership of Senator BOND, with the co- that is it. operation to deal with the urgent sup- operation of this side of the aisle. Why Not only are they taking out plemental. We have had bipartisan sup- should we punish 20,000 volunteers who AmeriCorps, wildfire money, and NASA port to deal with the issues. We have are already to go in September and money to complete the investigation of conducted ourselves in a way that I won’t be able to go because of what the what went wrong, they are reducing thought was civilized and constructive. House is going to do this afternoon? the FEMA account requested by the I recall the evening where the junior Shame on you, House leadership, for Senate by $700 million. We have never Senator from Alabama rose and said he not at least giving them the vote. let FEMA fall to such a low level. I am was going to oppose the $100 million. Shame on you for not voting sooner sorry that the House is falling to such He had a markup on asbestos. We ac- and bringing this to conference. a low level as well. commodated each other so the Senator I am very disappointed. I thought in We don’t need low levels at FEMA. could offer his debate; I could offer my America the majority ruled. There is a We don’t need low levels from the rebuttal. The Senator wanted to return very small minority that is blocking House of Representatives. to the asbestos markup. We were crisp. this urgent supplemental, blocking fol- I am concerned that the FEMA ac- We were cogent. We were civilized. We lowing the rules of procedure of the count is nearly bankrupt. It is uncon- were collegial. We each had our day. Senate. This isn’t about rules. This is

VerDate Jan 31 2003 01:58 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.034 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9941 about people. It is about people who ‘‘SEC. 6l. CONSERVE BY BICYCLING PROGRAM. SEC. 8ll. RENEWABLE PRODUCTION OF HYDRO- could be hit by a hurricane, people who ‘‘(a) DEFINITIONS.—In this section: GEN DEMONSTRATION AND COM- ‘‘(1) The term ‘program’ means the Con- MERCIAL APPLICATION PROGRAM. are already hit by a wildfire, volun- (a) IN GENERAL.—The Secretary shall es- teers who are ready to roll into our serve by Bicycling Program established by subsection (b). tablish a program to assist projects for the classrooms. ‘‘Ready to roll,’’ I use ‘‘(2) The term ‘Secretary’ means the Sec- demonstration and commercial application those words deliberately. retary of Transportation. of the production of hydrogen from renew- A promise made should be a promise ‘‘(b) ESTABLISHMENT.—There is established able resources. kept for the families who lost their within the Department of Transportation a (b) SCOPE.—A project funded with assist- loved ones in the Columbia disaster. I program to be known as the ‘Conserve by Bi- ance under this section may include an ele- really object to their sending back a cycling Program’. ment other than production of hydrogen if the Secretary determines that the element conference report without these items ‘‘(c) PROJECTS.— ‘‘(1) In carrying out the program, the Sec- contributes to the overall efficiency and in it. When this is raised, if this comes commercial viability of the technology em- back under this draconian cir- retary shall establish not more than 10 pilot projects that are— ployed in the project, including— cumstance, I will object to it being ‘‘(A) dispersed geographically throughout (1) joint production of hydrogen and other brought up. I think we ought to send the United States; and commercial products from biomass; and back to the House the Senate bill, ‘‘(B) designed to conserve energy resources (2) renewable production of hydrogen and which we agreed upon with an over- by encouraging the use of bicycles in place of use of the hydrogen at a single farm loca- whelming majority of 80 to 20. motor vehicles. tion. I thank the Chair for his very kind ‘‘(2) A pilot project described in paragraph (c) COST SHARING; MERIT REVIEW.—A (1) shall— project carried out using funds made avail- attention. I thank Senator STEVENS able under this section shall be subject to very much for his leadership on this ‘‘(A) use education and marketing to convert motor vehicle trips to bicycle trips; the cost sharing and merit review require- issue, and the leadership provided by ‘‘(B) document project results and energy ments under sections 982 and 983, respec- Senator BYRD, and for the collegiality savings (in estimated units of energy con- tively. in which we participated in our debate. served); (d) AUTHORIZATION OF APPROPRIATIONS.— My heart goes out to the Western Sen- ‘‘(C) facilitate partnerships among inter- There are authorized to be appropriated to ators who are about to be nailed by ested parties in at least 2 of the fields of carry out this section— this, and to the AmeriCorps volunteers. transportation, law enforcement, education, (1) $10,000,000 for fiscal year 2004; and public health, environment, and energy; (2) $25,000,000 for each of fiscal years 2005 I think we need to stand up for Amer- through 2008. ica, and we ought to stand up for this ‘‘(D) maximize bicycle facility investments; AMENDMENT NO. 1393 urgent supplemental. ‘‘(E) demonstrate methods that may be I yield the floor, but I will not yield (Purpose: To require the Secretary of Energy used in other regions of the United States; to transmit to Congress a plan for the my perspective on this supplemental. and transfer of title to the Western New York f ‘‘(F) facilitate the continuation of ongoing Service Center in West Valley, New York) programs that are sustained by local re- ENERGY POLICY ACT OF 2003— On page 150, after line 14, insert the fol- sources. lowing: Continued ‘‘(3) At least 20 percent of the cost of each SEC. 443. PLAN FOR WESTERN NEW YORK SERV- AMENDMENTS NOS. 1390 THROUGH 1395, EN BLOC pilot project described in paragraph (1) shall ICE CENTER. Mr. DOMENICI. Mr. President, we be provided from State or local sources. Not later than one year after the date of have worked out 11 amendments we ‘‘(d) ENERGY AND BICYCLING RESEARCH enactment of this Act, the Secretary of En- STUDY.— would like to dispose of today. ergy shall transmit to the Congress a plan ‘‘(1) Not later than 2 years after the date of for the transfer to the Secretary of title to, I send a series of amendments to the enactment of this Act, the Secretary shall desk and ask for their consideration en and full responsibility for the possession, enter into a contract with the National transportation, disposal, stewardship, main- bloc. Academy of Sciences for, and the National The PRESIDING OFFICER. The tenance, and monitoring of, all facilities, Academy of Sciences shall conduct and sub- property, and radioactive waste at the West- clerk will report. mit to Congress, a report on a study on the ern New York Service Center in West Valley, The legislative clerk read as follows: feasibility of converting motor vehicle trips New York. The Secretary shall consult with The Senator from New Mexico [Mr. DOMEN- to bicycle trips. the President of the New York State Energy ICI] proposes amendments numbered 1390, ‘‘(2) The study shall— Research and Development Authority in de- 1391, 1392, 1393, 1394, and 1395, en bloc. ‘‘(A) document the results or progress of veloping such plan. the pilot projects under subsection (c); Mr. DOMENICI. I ask unanimous AMENDMENT NO. 1394 ‘‘(B) determine the type and duration of consent that the reading of the amend- motor vehicle trips that people in the United (Purpose: To provide for the preservation ments be dispensed with. States may feasibly make by bicycle, taking and archiving of geological and geo- The PRESIDING OFFICER. Without into consideration factors such as weather, physical data through establishment of a objection, it is so ordered. land use and traffic patterns, the carrying data archive system and for other pur- The amendments are as follows: capacity of bicycles, and bicycle infrastruc- poses) AMENDMENT NO. 1390 ture; Strike the text starting on page 43, line 19, (Purpose: To authorize grants to the Ground ‘‘(C) determine any energy savings that through page 49, line 19, and insert the fol- Water Protection Council to develop risk- would result from the conversion of motor lowing: based data management systems in State vehicle trips to bicycle trips; ‘‘SEC. 112. PRESERVATION OF GEOLOGICAL AND oil and gas agencies to assist States and oil ‘‘(D) include a cost-benefit analysis of bi- GEOPHYSICAL DATA. and gas producers with compliance, eco- cycle infrastructure investments; and ‘‘(a) SHORT TITLE.—This section may be nomic forecasting, permitting, and explo- ‘‘(E) include a description of any factors cited as the ‘National Geological and Geo- ration) that would encourage more motor vehicle physical Data Preservation Program Act of On page 52, after line 22, add the following: trips to be replaced with bicycle trips. 2003’. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) PROGRAM.—The Secretary of the Inte- SEC. 1ll. RISK-BASED DATA MANAGEMENT SYS- rior shall carry out a National Geological TEMS. There are authorized to be appropriated to and Geophysical Data Preservation Program (a) IN GENERAL.—The Secretary of Energy carry out this section $6,200,000, to remain shall make grants to the Ground Water Pro- available until expended, of which— in accordance with this section— ‘‘(1) to archive geologic, geophysical, and tection Council to develop risk-based data ‘‘(1) $5,150,000 shall be used to carry out engineering data, maps, well logs, and sam- management systems in State oil and gas pilot projects described in subsection (c); ples; agencies to assist States and oil and gas pro- ‘‘(2) $300,000 shall be used by the Secretary ‘‘(2) to provide a national catalog of such ducers with compliance, economic fore- to coordinate, publicize, and disseminate the results of the program; and archival material; and casting, permitting, and exploration. ‘‘(3) to provide technical and financial as- (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) $750,000 shall be used to carry out sub- sistance related to the archival material. There is authorized to be appropriated to section (d).’’. ‘‘(c) PLAN.—Within 1 year after the date of carry out this section $1,000,000 for each fis- AMENDMENT NO. 1392 the enactment of this section, the Secretary cal year. (Purpose: To provide for a renewable produc- shall develop and submit to the Committee AMENDMENT NO. 1391 tion of hydrogen demonstration and com- on Resources of the House of Representatives (Purpose: To encourage energy conservation mercial application program) and the Committee on Energy and Natural through bicycling) On page 290, between lines 19 and 20, insert Resources of the Senate a plan for the imple- Page 209, after line 6, insert: the following: mentation of the Program.

VerDate Jan 31 2003 02:34 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.036 S25PT1 S9942 CONGRESSIONAL RECORD — SENATE July 25, 2003 ‘‘(d) DATA ARCHIVE SYSTEM.— shall provide financial assistance to a State The PRESIDING OFFICER. The ‘‘(1) ESTABLISHMENT.—The Secretary shall agency that is designated under subsection clerk will report. The amendments will establish, as a component of the Program, a (d)(2), for providing facilities to archive en- be considered en bloc. data archive system, which shall provide for ergy material. The legislative clerk read as follows: the storage, preservation, and archiving of ‘‘(2) STUDIES AND TECHNICAL ASSISTANCE.— subsurface, surface, geological, geophysical Subject to the availability of appropriations, The Senator from New Mexico [Mr. DOMEN- and engineering data and samples. The Sec- the Secretary shall provide financial assist- ICI], proposes amendments numbered 1396, retary, in consultation with the Advisory ance to any State agency designated under 1397, 1398, 1399, 1400 and 1401, en bloc. Committee, shall develop guidelines relating subsection (d)(2) for studies and technical as- Mr. DOMENICI. I ask unanimous to the data archive system, including the sistance activities that enhance under- consent that the reading of the amend- types of data and samples to be preserved. standing, interpretation, and use of mate- ments be dispensed with. ‘‘(2) SYSTEM COMPONENTS.—The system rials archived in the data archive system es- shall be comprised of State agencies which tablished under subsection (d). The PRESIDING OFFICER. Without elect to be part of the system and agencies ‘‘(3) FEDERAL SHARE.—The Federal share of objection, it is so ordered. within the Department of the Interior that the cost of an activity carried out with as- The amendments are as follows: maintain geological and geophysical data sistance under this subsection shall be no AMENDMENT NO. 1396 and samples that are designated by the Sec- more than 50 percent of the total cost of that (Purpose: Provides authorization dates for retary in accordance with this subsection. activity. Clean Coal program) The Program shall provide for the storage of ‘‘(4) PRIVATE CONTRIBUTIONS.—The Sec- On page 90, line 24, strike ‘‘2003 through data and samples through data repositories retary shall apply to the non-Federal share 2011’’ and insert ‘‘2004 through 2012’’. operated by such agencies. of the cost of an activity carried out with as- ‘‘(3) LIMITATION OF DESIGNATION.—The Sec- sistance under this subsection the value of AMENDMENT NO. 1397 retary may not designate a State agency as private contributions of property and serv- (Purpose: To provide for the calculation of a component of the data archive system un- ices used for that activity. coastal impact assistance payments based less it is the agency that acts as the geologi- ‘‘(h) REPORT.—The Secretary shall include on previous years’ revenues) in each report under section 8 of the Na- cal survey in the State. On page 40, beginning with line 13, strike tional Geologic Mapping Act of 1992 (43 ‘‘(4) DATA FROM FEDERAL LANDS.—The data all through line 20 and insert: archive system shall provide for the U.S.C. 31g)— ‘‘(1) a description of the status of the Pro- ‘‘(4) For purposes of this subsection, cal- archiving of relevant subsurface data and culations of payments shall be made using samples obtained from Federal lands— gram; ‘‘(2) an evaluation of the progress achieved qualified Outer Continental Shelf revenues ‘‘(A) in the most appropriate repository received during the previous fiscal year. designated under paragraph (2), with pref- in developing the Program during the period erence being given to archiving data in the covered by the report; and AMENDMENT NO. 1398 State in which the data was collected; and ‘‘(3) any recommendations for legislative (Purpose: To remove requirement that Sec- (B) consistent with all applicable law and or other action the Secretary considers nec- retary must hold coastal impact assistance requirements relating to confidentiality and essary and appropriate to fulfill the purposes payments in escrow in certain cir- proprietary data. of the Program under subsection (b). cumstances) ‘‘(i) DEFINITIONS.—As used in this section: ‘‘(e) NATIONAL CATALOG.— On page 40, strike line 5 and all that fol- ‘‘(1) IN GENERAL.—As soon as practicable ‘‘(1) ADVISORY COMMITTEE.—The term ‘‘Ad- visory Committee’’ means the advisory com- lows through line 12, and insert: after the date of the enactment of this sec- ‘‘shall not disburse such an amount until the tion, the Secretary shall develop and main- mittee established under section 5 of the Na- tional Geologic Mapping Act of 1992 (43 final resolution of any appeal regarding the tain, as a component of the Program, a na- disapproval of a plan submitted under this tional catalog that identifies— U.S.C. 31d). ‘‘(2) SECRETARY.—The term ‘‘Secretary’’ section or so long as the Secretary deter- ‘‘(A) data and samples available in the data mines that such State is making a good faith archive system established under subsection means the Secretary of the Interior acting through the Director of the United States effort to develop and submit, or update, a (d); Coastal Impact Assistance Plan.’’ ‘‘(B) the repository for particular material Geological Survey. in such system; and ‘‘(3) PROGRAM.—The term ‘‘Program’’ AMENDMENT NO. 1399 ‘‘(C) the means of accessing the material. means the National Geological and Geo- (Purpose: To clarify that certain hydrgen ‘‘(2) AVAILABILITY.—The Secretary shall physical Data Preservation Program carried demonstration programs include the entire make the national catalog accessible to the out under this section. National Park System) public on the site of the Survey on the World ‘‘(4) SURVEY.—The term ‘‘Survey’’ means the United States Geological Survey. On page 286, strike line 10 and all that fol- Wide Web, consistent with all applicable re- lows through page 287, line 21, and insert: quirements related to confidentiality and ‘‘(j) MAINTENANCE OF STATE EFFORT.—It is the intent of the Congress that the States ‘‘SEC. 814. HYDROGEN DEMONSTRATION PRO- proprietary data. GRAMS IN NATIONAL PARKS ‘‘(f) ADVISORY COMMITTEE.— not use this section as an opportunity to re- ‘‘(a) STUDY.—Not later than 1 year after ‘‘(1) IN GENERAL.—The Advisory Committee duce State resources applied to the activities the date of enactment of this section, the shall advise the Secretary on planning and that are the subject of the Program. Secretary of the Interior and the Secretary implementation of the Program. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— of Energy shall jointly study and report to ‘‘(2) NEW DUTIES.—In addition to its duties There is authorized to be appropriated to the under the National Geologic Mapping Act of Secretary $30,000,000 for each of fiscal years Congress on— ‘‘(1) the energy needs and uses in units of 1992 (43 U.S.C. 31a et seq.), the Advisory Com- 2004 through 2008 for carrying out this sec- the National Park System; and mittee shall perform the following duties: tion.’’. ‘‘(A) Advise the Secretary on developing AMENDMENT NO. 1395 ‘‘(2) the potential for fuel cell and other hydrogen-based technologies to meet such guidelines and procedures for providing as- On page 150, line 24, strike ‘‘(tidal and ther- energy needs in— sistance for facilities in subsection (g)(1). mal)’’ and insert ‘‘(wave, tidal, current, and ‘‘(A) stationary applications, including ‘‘(B) Review and critique the draft imple- thermal)’’. mentation plan prepared by the Secretary On page 156, line 4, strike ‘‘(tidal and ther- power generation, combined heat and power pursuant to subsection (c). mal)’’ and insert ‘‘(wave, tidal, current, and for buildings and campsites, and standby and ‘‘(C) Identify useful studies of data thermal)’’. backup power systems; and archived under the Program that will ad- Mr. DOMENICI. The amendments ‘‘(B) transportation-related applications, vance understanding of the Nation’s energy including support vehicles, passenger vehi- have been cleared on both sides. cles and heavy-duty trucks and buses. and mineral resources, geologic hazards, and The PRESIDING OFFICER. Is there ‘‘(b) PILOT PROJECTS.—Based on the results engineering geology. further debate? If not, without objec- ‘‘(D) Review the progress of the Program in of the study, the Secretary of the Interior archiving significant data and preventing tion, the amendments are agreed to, en shall fund not fewer than 3 pilot projects in the loss of such data, and the scientific bloc. units of the National Park System for dem- progress of the studies funded under the Pro- The amendments were agreed to. onstration of fuel cells or other hydrogen- gram. Mr. DOMENICI. I move to reconsider based technologies in those applications ‘‘(E) Include in the annual report to the the vote. where the greatest potential for such use has Secretary required under section 5(b)(3) of Mr. BINGAMAN. I move to lay that been identified. Such pilot projects shall be the National Geologic Mapping Act of 1992 motion on the table. geographically distributed throughout the (43 U.S.C. 31d(b)(3)) an evaluation of the The motion to lay on the table was United States. progress of the Program toward fulfilling the agreed to. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— purposes of the Program under subsection For purposes of this section, there are au- EN BLOC AMENDMENTS NOS. 1396 THROUGH 1401 (b). thorized to be appropriated to the Secretary ‘‘(g) FINANCIAL ASSISTANCE.— Mr. DOMENICI. Mr. President, I send of the Interior $1,000,000 for fiscal year 2004, ‘‘(1) ARCHIVE FACILITIES.—Subject to the a series of amendments to the desk and and $15,000,000 for fiscal year 2005, to remain availability of appropriations, the Secretary ask for their consideration en bloc. available until expended.’’.

VerDate Jan 31 2003 05:12 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.007 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9943 AMENDMENT NO. 1400 have with this USTR, because of the 1,400 professionals from Chile each (Purpose: Modifies definition of research in size of California economically, and the year. regards to the Next Generation Lighting interests internationally, that at least They would permit an indefinite ex- Initiative) I be consulted in a meaningful way. In tension of these visas. On page 305, line 23, strike the word this case, consultation, as I understand They would require the entry of ‘‘basic’’. it, constituted staff briefings. spouses and children accompanying or AMENDMENT NO. 1401 I wish to say, my staff does not cast following to join these professionals (Purpose: Makes technical change to Sec. a vote. I cast the vote. So if anyone is without limitation. So any number of 111) going to consult with the senior Sen- family members can come in. On page 37, line 23, strike ‘‘year. Where’’ ator from California, it ought to be They would require, without numer- and insert ‘‘year, except that where’’. with the senior Senator from Cali- ical limit, the entry of business persons Mr. DOMENICI. The amendments fornia. None of those consultations under categories that parallel three have been cleared on both sides. These took place. other current visa categories. In other are clarifying and technical amend- Not only that, I have sat on the Im- words, require their entry under other ments, agreed to by Senator BINGAMAN migration Subcommittee for 10 years categories, the B–1 business visitor and myself as the managers of the bill. now and you, Mr. President, are the visa, the E–1 treaty trader or investor I request these amendments not be new chair of that subcommittee. To visa, and the L–1 intracompany trans- counted against any reservations on the best of my knowledge, that sub- fer visa. the finite list of amendments. committee as a whole—maybe indi- These agreements would permit but The PRESIDING OFFICER. Without vidual members have been able to have not require the United States to deny objection, it is so ordered. an impact, but as a whole, the sub- the entry of a free-trade professional if Is there further debate on the amend- committee has not been able to have his or her entry would adversely affect ments? Without objection, the amend- an impact. So any hearing we might the settlement of a labor dispute. ments are agreed to en bloc. have is de minimis in impact because They would require that the United The amendments were agreed to. the decision is already made. I am told States submit disputes about whether Mr. DOMENICI. Mr. President, I by my staff that by the time any mean- it should grant certain individuals move to reconsider the vote. ingful briefing took place, the agree- entry to an international tribunal. So Mr. BINGAMAN. I move to lay that ment had been signed and sent over if there was a pattern in our entry motion on the table. here. That is not the way to do busi- practice, we would have to submit that The motion to lay on the table was ness with somebody like me, who has to an international tribunal, and a agreed to. 36 million people, a huge economy, and international tribunal would decide a Mr. DOMENICI. I thank the Chair all kinds of issues in virtually any sovereign right of the United States of and yield the floor. trade agreement. America. That, to me, is unacceptable. Mrs. FEINSTEIN. Mr. President, I Fast track really provides a dis- These agreements are troubling in ask unanimous consent that the order advantage for the people of California. their permanence, their inflexibility, for the quorum call be rescinded. When I was lobbied to vote yes on fast and their lack of congressional partici- The PRESIDING OFFICER. Without track, I said to virtually every indus- pation or oversight. The fact is, cur- objection, it is so ordered. try in California: Do you realize that if rent law already permits foreign na- f a President or a USTR negotiates an tionals to do all the things specified agreement, they can negotiate an under the trade agreement. In fact, SINGAPORE AND CHILE TRADE agreement and let California suffer all several thousand nationals from Chile AGREEMENT kinds of repercussions and there is and Singapore enter the United States Mrs. FEINSTEIN. Mr. President, I nothing your elected representative each year. To the extent that changes come to the floor to make some com- can do about it? That is fast track. need to be made, Congress can choose ments on the Singapore and Chile trade When you have the fifth or sixth larg- to make them. agreements. Let me begin by saying I est economy on Earth, it means a great So this raises the question, Why, think it is really a shame that an oth- deal. then, do these provisions need to be in erwise good trade agreement with both But, having said that, let me go to a trade agreement? Perhaps the answer Singapore and Chile, which I would the immigration provisions of this can be found by taking a closer look at otherwise support, I cannot support be- free-trade agreement. The administra- these trade agreements, and more spe- cause immigration provisions were tion again insists it has had a number cifically at how exactly the agree- added to the bill, I believe contrary to of discussions on these. Perhaps, again, ments differ from current law. the plenary powers of this Congress. they have with certain Members. They There are no numerical limits for But before I discuss the trade agree- certainly have not with me. But immi- any of the visa categories except the ment, I would like to say at the outset gration policy has long been well with- new H–1B(1) visa. There are no labor that, as I see it, the fast-track process in the purview of Congress, and I be- certifications under this bill. This is is a real problem. Under fast-track lieve it should stay there. Indeed, the very significant. The United States can rules, there is limited debate, expe- Constitution gives Congress this power, impose no prior approval procedures, dited procedures, deadlines, and no and I do not think it is wise to give up petitions, labor certification tests, or amendments. Congress can only vote that power to another branch of Gov- other procedures of similar effect. up or down. ernment in this trade agreement or in Under the visitor visa provisions: While the fast-track procedures pro- any other. A party shall normally accept an oral dec- vide for consultations with Congress, These agreements, as I read them, laration as to the principal place of business there is really no guarantee that the would create sweeping and permanent and the actual place of accrual of profits. President or the U.S. Trade Represent- new categories of visas, regardless of Where the party requires further ative will ultimately respect the opin- whether Congress would deem these proof, a letter from the employer ations and advice of Senators and House new entries valid or beneficial to our testing to these matters would serve as Members. In other words, we lose all Nation’s economy and welfare. Even sufficient proof. ability to influence the content of a more important, regardless of whether These are all contained in the trade trade agreement negotiated under the Congress might want to change these agreements. Thus, the facts speak for fast-track procedures. new categories at some later date, we themselves. For me, from California, a place that cannot do it. But behind the abstraction, the theo- has 36 million people and is either the Specifically, I oppose these agree- ries, and the statistics of the free-trade fifth or sixth largest economic engine ments because they would create en- agreements we are considering today, on Earth, trade agreements have major tirely new categories of nonimmigrant there is one inescapable factor, and implications. visas for free-trade professionals, thus that is the working men and women of I have always had a relationship with permitting the admission of up to 5,400 this country and what is going to hap- the USTR that apparently I do not professionals from Singapore and up to pen to them.

VerDate Jan 31 2003 02:34 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.011 S25PT1 S9944 CONGRESSIONAL RECORD — SENATE July 25, 2003 As I said in the Judiciary Committee, fear many American workers have of have heard rumors that this was to be I am not the Senator from Chile or losing their positions to H–1B and L–1 the precedent for some 50 other trea- Singapore. I am the Senator from Cali- temporary workers. The story of John ties to come after it. I think if this fornia. The people of my State are Malloy illustrates the experience of Senate and the House were to allow working in produce-rich fields. They many Americans in the fields of tech- this to happen, we don’t deserve to are building new technologies for to- nology, information, and engineering: hold these jobs. morrow. They are fiber optic engineers, Unix system administrator John Malloy I don’t believe that this Senate computer programers, and physical used to work for NASA, but hasn’t had a should relinquish its plenary power therapists tending to the needs of oth- steady job in over 2 years. ‘‘I’m 40 years old, over immigration to any administra- ers, all of whom are going to be af- and my life is ruined,’’ he said. Malloy said tion nor to any country that is party fected by the immigration provisions his last job was at a local healthcare com- to a trade agreement. Trade agree- pany, where he helped train two workers ments are simply not the appropriate of this bill. from India. He said the Indian workers are I know of engineers who have been still on the job, but he was laid off. Mallory vehicle for enacting immigration law. out of work for more than a year who told the reporter: ‘‘I’m an open, fair-minded Such agreements are meant to have a have sent out hundreds of resumes and world citizen who loves everybody . . . but permanent impact. They cannot be are still looking for a job—machinists, I’m really starting to get frustrated.’’ amended or modified by subsequent carpenters, and engineers by the tens This trend prompted The San Fran- legislation should Congress need to of thousands looking for work in my cisco Chronicle to publish articles on alter these provisions. I am not saying State. Let me give you a couple of the topic on both May 25 and June 2, we should capriciously alter these pro- cases. 2003. The articles describe the confu- visions. I am saying that if the eco- Jenlih Hsieh is a 50-year-old U.S. cit- sion surrounding the use of L–1 visas, nomic conditions change, the United izen from Taiwan with a master’s de- citing confusion among companies, States needs to respond to those eco- gree and more than 12 years of experi- labor lawyers, and government agen- nomic changes rather than to be frozen ence in Unix systems administration, cies as to what type of use of the visas into a pattern of dozens of agreements filed a complaint with the Equal Em- is legal. They also show increasing hos- which freeze for all time certain things ployment Opportunity Commission, tility from American high-tech work- that may be proved to be inimical to the U.S. Department of Justice and in ers surrounding L–1 visas. our national interests. Santa Clara County Superior Court. One example is the case of the dozen com- A recent commentary by Paul Hsieh alleges that SwitchOn Networks puter programmers who were laid off from Magnusson in BusinessWeek asked the of Milpitas fired him after 6 months Siemens Information and Communication question I think we should all ask our- and replaced him with an H–1B worker. Networks in Lake Mary FL, and replaced selves: ‘‘Is a stealth immigration pol- According to the complaint, the H–1B with foreign workers using the L–1 program. icy smart?’’ Magnusson wrote: Michael Emmons left Siemens last fall just worker was earning $30,000 less a year, Complex trade agreements, which increas- before his job there was to end. Emmons had had only a bachelor’s degree and much ingly affect the entire U.S. economy and re- worked as a contract computer programmer quire changes in U.S. laws and social poli- less experience. for the company for 6 years, first in San cies, should not be considered in secret, or in Why is this important? It is impor- Jose, CA, and then in Florida. He said, ‘‘This isolation from all other legislation. tant because this bill provides that the is what they call outsourcing. I call it in- Labor Department cannot do an inves- sourcing. Import foreign workers, mandate That is exactly what happened with tigation to see if the complaint is cor- your American workers to train them, they this agreement. The result of this kind rect. The Labor Department cannot lay off your Americans.’’ of process is going to be an unwieldy make a certification that there is no This is what we are allowing to hap- patchwork of conflicting permanent replacement of an American worker. If pen. My view is that it is not a problem law that will encumber an already the administration chose to add this, during boom time because there are overburdened immigration system, the message it should send to each and enough jobs for all. But what happens while exacerbating the growing back- every one of us is the administration when we have these rich programs is logs of people already seeking to enter fully contemplates that American that when tough times come, employ- the United States. workers are going to be replaced by the ers succumb to the lure of being able to Such legislation will ultimately tie immigration provisions of this treaty save $30,000 or $40,000 a worker. We are our hands when the national interest and does not want their Department of passing this treaty in the middle of demands an alteration in the immigra- Labor to be able to check that out and huge unemployment in our country. tion provisions on which we are about keep records to see if these are, in fact, We are creating a sinecure for these to vote. Establishing separate policies sustainable complaints. workers from other countries. I think and laws for different countries makes Bob Simoni, 39, lost his consulting that is a mistaken priority. the day-to-day implementation more job at Toshiba American Electronics Last week, I joined with my col- complicated and susceptible to error Components in Irvine in March 2002. leagues on the Judiciary Committee, and abuse. And that is exactly what Simoni, who has an MBA from the Uni- Senators SESSIONS of Alabama and this does. Every country will have its versity of California-Los Angeles, had GRAHAM of South Carolina, urging the own set of immigration laws, which worked at Toshiba as a contract engi- President and the U.S. Trade Rep- can last forever under the terms of the neer for 2 years installing software. He resentative to withdraw the legislation treaty. How can any INS ever admin- came to work in February to find ev- implementing the Free Trade Agree- ister that? eryone packing their boxes. Toshiba ments with Chile and Singapore. I have other concerns with the Trade was outsourcing the division to an We also asked that the administra- Representative’s decision to include so India-based technology services com- tion renegotiate or reconfigure the prescriptively the immigration provi- pany, Infosys, which employs H–1B trade agreements without the immi- sions at hand. The Office of the U.S. workers in the United States. Simoni gration provisions and re-transmit a Trade Representative has not dem- said Toshiba asked him to stay for 3 new version of the implementing legis- onstrated the need for negotiating weeks to do ‘‘knowledge transfer’’ with lation to Congress. these temporary entry provisions, nor Infosys employee Rakesh Gollapalli, I am extremely trouble that despite does the office provide any evidence who told him he had an H–1B visa. It these concerns, which were expressed that current immigration law would be hurt to be training someone who for all by several members of both chambers a barrier to meeting the United States practical purposes was replacing him, of Congress, the President sent Con- obligation in furthering trade and and it felt wrong, Simoni said. gress implementing legislation that goods and services. In fact, current law You and I, Mr. President, are allow- would effectively expand the tem- is sufficient to accommodate these ob- ing this to happen with the H–1B visa porary admissions program without ligations, as evidenced by the millions being so extensively used in the United the express consent to do so. of temporary workers who enter the States, and we need to change that. Let me say this: I very much doubt United States each year. The Boston Globe published an arti- that the USTR is any kind of an expert Just listen to the numbers: In just cle June 3, 2003 that also reveals the on immigration. I must tell you that I 2002, 4,376,935 foreign nationals entered

VerDate Jan 31 2003 02:34 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.043 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9945 under the B–1 temporary business vis- to protest perceived abuses of tem- the employer to attest and the Depart- itor visa; 171,368 entered under the E porary visa programs. And yet the ad- ment of Labor to certify that the em- treaty-trader visa; and another 313,699 ministration has seen fit to push ployer has not laid off a U.S. worker ei- entered under the L intracompany through a free-trade agreement with ther 90 days before or after hiring the transfer visa; and an additional 370,490 immigration provisions of which very foreign worker before the foreign na- entered the United States under the H– few of us could predict the con- tional is permitted to enter the United 1B professional visa. sequences. States. If you add all of these up, we have Although employers are, by and Why do you suppose that is in there? over 5 million people just last year large, good actors, the provisions in That is in there so any American em- coming in under these temporary visas, the implementing legislation would ex- ployer that wants to can keep an of which probably half become perma- pose many more workers—and don’t American worker until they can re- nent. And that is in addition to the forget this—to displacement, to wage place them with a foreign worker at regular immigration program. exploitation, and to other forms of less money and then do so. Because In all, the United States admitted a abuse. These provisions, as drafted in those simple precautions that made total of 5,232,492 foreign nationals the trade agreement, would increase this more difficult to do are gone. No- under the current temporary visa cat- the number of temporary foreign work- body should believe, when they vote for egories. Of these numbers, 40,461 tem- ers exposed to exploitation and leave this legislation, that it is not a foreign- porary business professionals entered more to face an uncertain future. By worker replacement program. I have from Chile and 29,458 entered from making the visas indefinitely extend- just given the documentation that in- Singapore. able, albeit 1 year at a time, these dicates exactly how it is going to be What is my point? My point is, there workers will remain in limbo with done. already is enough room to absorb under year-to-year extensions of their stay. Once you eliminate the labor certifi- present visa categories. Over 40,000 Despite these concerns, the USTR cation, you eliminate the requirement from Chile and 30,000 from Singapore has seen fit to push through a free- that the Department of Labor makes came in last year alone under these trade agreement with immigration pro- an investigation to verify the employ- visa categories. Yet the USTR saw fit visions that significantly weaken the er’s attestation is accurate and truth- to say: It isn’t enough, Senate and U.S. and temporary foreign worker pro- ful before permitting the entry of a for- House. We are going to impose another tections under current immigration eign national. Labor certifications are permanent program. law in several ways. expressly prohibited under this trade Free-trade visas should not be indefi- First, the provisions would expand agreement. Again, it is the foreign nitely renewable, and I am not going to the types of occupations currently cov- worker employment program in the vote for one that is. Under the trade ered under H–1B to include: manage- United States displacing American agreements, the visas for temporary ment consultants, disaster relief workers, and this is how to do it. businesspersons entering under all the claims adjusters, physical therapists, Moreover, the implementing provi- categories in the agreement are indefi- and agricultural managers—professions sions limit the authority of the Labor nitely renewable. So this is what trans- that do not require a bachelor’s degree. Department by providing that it may forms what, on paper, is a temporary Nor would employers be required to review attestations only for complete- visa-entry program into a permanent demonstrate a shortage of workers in ness and only for inaccuracies. So the visa-entry program. these professions before hiring foreign screw is being tightened on the Labor While the trade agreements require nationals under the agreement. This Department. You can’t investigate, temporary professionals to come in opens the door to the inclusion of new you can’t certify, and you can only re- under the overall cap imposed on the occupations in the trade agreement view the application to see whether it H–1B visa, each visa holder would be that are not currently included in the is complete and accurate. To add insult permitted to remain in the United H–1B program. to injury, you have to provide the cer- States for an indefinite period of time. In a sense, what this means is, it is a tification mandatorily within 7 days. That means permanent. Thus, employ- special program through which you can So neither the trade agreement nor the ers could renew their employees’ visas replace an American worker, pay less implementing language provides the each and every year under the agree- for that worker, and keep that worker Department of Labor authority to ini- ment with no limits, while also bring- so that worker isn’t going to complain tiate investigations or conduct spot ing in new entrants to fill up the an- because if he or she does, the visa is checks at worksites to uncover in- nual numerical limits for new visas. So not going to get renewed the next year. stances of U.S. worker displacement the thing spirals and expands exponen- And if that worker succumbs to any and other labor violations pertaining tially. This effectively would obliterate kind of exploitation, his family comes to the entry of foreign workers. It is Congress’ ability to limit the duration over, her family comes over, and they really bad. of such visas even when it is in the na- have a lifetime sinecure, not only with This is troublesome, given that in tional interest to do so. the company but within the United the last 2 fiscal years the Department Thirdly, the agreement provides in- States. No American worker has that. of Labor investigated 166 businesses sufficient protection for workers, both The current H–1B program defines a with H–1B violations. As a result of domestic and foreign. Today, in our specialty occupation as one that re- those investigations, H–1B employers country, 15.3 million people are unem- quires the application—and this is im- were required to pay more than $5 mil- ployed or underemployed in part-time portant—of a body of highly specialized lion in back pay awards to 678 H–1B jobs out of economic necessity or they knowledge. That is there for one rea- workers. That is proof of what is going have given up looking for work. Of that son, to ensure employers don’t abuse on. There is proof that companies do number, 9.4 million are considered offi- the program to undercut American this. This is not new thought. I am not cially unemployed. workers in occupations where there is reaching to find a reason. This is hap- These unemployment figures are the no skill shortage. What this agreement pening. And in a tough economy, it is highest in a decade, and yet we are does is delete the word ‘‘highly.’’ So going to happen more. Those of us who doing this program now. In California, that would lower the standard for ad- are elected by workers to protect them 1.17 million people are out of work. In mission by broadening the definition of fail in our obligation to do so. the San Francisco Bay area, the tech- specialty occupation to include any job While the administration has in- nology boom and subsequent bust has that requires the application ‘‘of a cluded a cap on the number of profes- created a huge pool of unemployed body of specialized knowledge.’’ sionals entering under the H–1B(1) cat- skilled labor. In San Jose alone, 47,160 It is a significant weakening to allow egory, there are no such limitations on people—or nearly 10 percent of the pop- less specialized workers to come in the number of temporary workers en- ulation—are looking for jobs. and, I believe, to replace American tering on other visa categories, includ- More and more out-of-work tech- workers at less money. ing the B–1 visitor visa, the E-treaty/ nology workers are filing complaints Neither the free-trade agreement nor investor visa, and the L–1 with the Government or going to court the implementing legislation require intracompany visa.

VerDate Jan 31 2003 02:34 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.046 S25PT1 S9946 CONGRESSIONAL RECORD — SENATE July 25, 2003 None of these categories are numeri- worker, who is paid $30,000 less—and I their school systems are failing. And cally limited under the agreement. gave you actual cases where this is we are cutting back and back on the Once enacted, Congress may not subse- happening—and the worker goes home funding for education in this Nation. quently impose caps on these cat- to a mortgage on a home and a car and This administration recognizes we egories for nationals entering pursuant three kids in school. have a problem and realizes our chil- to this agreement. Is this what we are elected to do? I dren need help; we have the Leave No The trade agreement expressly pro- am not going to do it. If I could fili- Child Behind Program. But we have no hibits the imposition of labor certifi- buster, I would filibuster it. I am really funding to prevent the terrible situa- cation tests or other similar conditions angry about it because it is sleight of tion that was just outlined by the Sen- on temporary workers entering from hand. There was no meaningful con- ator from California. I praise her for Chile and Singapore. I am amazed the sultation. Mr. Zoellick never picked up that. But let’s wake up and do some- Governments of Chile and Singapore the phone and called me—or his No. 2, thing about it rather than bringing in want this. I am amazed they want their 3, 4, or 5—and said: This is what we are millions and millions of workers from people to come in and face exploitation thinking of doing. I know you in Cali- Asia to take the jobs that our young in the United States. fornia have the highest unemployment people ought to have the skills to take. While Congress could certainly cor- in 10 years and there has been a high- f rect some aspects of the law imple- tech bubble burst. I know a lot of your MERCURY POLLUTION menting the trade agreements, it professionals are out on the street. would be limited in what it could do by What do you think of this? I would say: Mr. JEFFORDS. Mr. President, I will the underlying trade agreement itself. No way, Jose. spend a few minutes expressing my For example, if Congress decided to So I am mad and I hope every work- concerns about a serious public health better protect U.S. businesses and ing man and woman in this country is crisis that this country faces due to workers by amending the laws gov- mad, too. I am mad because—Mr. Presi- mercury pollution. erning the L–1 visa category to require dent, you know, as you were in com- Perhaps some of you have heard of a labor certification or a numerical mittee—we asked to send it back. We the small fishing community of limit before a foreign worker from were refused. And there is no delay. Minamata Bay in Japan. If you know Chile or Singapore could enter the Bingo, it is out on the floor. It is going this village, you know also that it was United States, it would not be able to to be ramrodded through this body. nearly devastated by mercury pollu- do so. Both are plausible options for Well, one thing I have learned is that tion. dealing with perceived abuses in the the working men and women of this Over 70 years ago, a chemical plant visa category. However, both trade country are not stupid. Of all these vis- began dumping mercury waste into agreements provide ‘‘neither party itor visas, we have 5 million granted in that bay. For the next 30 years, local may, A, as a condition for temporary just a year. People are going to catch citizens who depended heavily on the entry under paragraph 1, require labor on. The word is going to get around. I bay for commerce and daily sustenance certifications or other procedures of very much regret that the administra- saw strange and debilitating health similar effect; or, B, impose or main- tion won’t eliminate the immigration problems emerge. tain any numerical restriction relating section. This would be a perfectly good At first, those eating fish out of the to temporary entry under paragraph treaty without them. Five million peo- bay began experiencing headaches, 1.’’ ple came in last year under the H–1B numbness, tremors, blurred vision, Again, there is something a little in- visas—5 million. Plenty of room. We hearing loss, speech problems, spasms, sidious in this, in the formulation of a don’t need to create a new permanent and loss of consciousness. As fish con- new program with these specific speci- program, tighten the housing supply, sumption continued, more people be- fications in view of the fact of the more tighten the school supply, bring in all came sick. than 50,000 Chilean and Singaporean these families, and not be able to take Plus, pets started becoming violent workers coming in in our other busi- care of our own. and birds fell from the sky. Naturally, ness visitor visa categories. So the sig- I yield the floor. the public’s panic grew. nificance of this is creating a new pro- The PRESIDING OFFICER. The Sen- Then, a generation of children was gram and making it permanent and ator from Vermont is recognized. born with shriveled limbs and severe taking out any meaningful labor cer- f physical deformities. The woman in tification. I figure every one of these this photograph is one of the survivors people can replace an American worker A CRISIS IN EDUCATION of what was called Minamata Disease. for less money. Otherwise, why do this? Mr. JEFFORDS. First, I commend In all, over nine hundred people died These provisions significantly limit my good friend from California for her and thousands more were crippled by congressional authority, A, to estab- excellent statement and revealing to the poisoning. The Japanese govern- lish labor protections when warranted the Nation the seriousness we have in ment, which discovered the cause of and, B, to limit the number of visas the ability to provide jobs with quali- these illnesses as early as 1956, hid the that could be issued to nationals in fied workers. Just this past decade, we truth from the ailing public and re- Chile and Singapore, should we deem it brought 4 million workers into this fused to halt the industrial pollution. is in the national interest. country to take the high-skilled jobs of The dumping eventually stopped in I don’t think we should relinquish our Nation because we could not pro- 1968. this constitutional authority. It is vide them from our own school sys- In other words, knowing this mer- really for this reason, on behalf of the tems. Yet we have thousands and thou- cury pollution was deadly, the Japa- millions of Americans who are unem- sands of unemployed and unskilled nese government allowed it to continue ployed and underemployed and particu- workers who have managed to get for another 12 years. larly in these exact categories, I can- through our school systems without Surely such abandonment of the not tell you the workers trained with the necessary skills. public’s well-being would not happen graduate degrees being replaced, with We have a crisis in this Nation, and today in our great country. families. And they can’t find jobs. And we have had it for years, and that is in Surely our government would never we fall right into the trap and produce education. This administration is to- delay protections from mercury pollu- an agreement that is going to say: tally ignoring the fact that where we tion for a decade, while allowing indus- Labor Department, the only thing you should be putting the funds is in pre- try to neglect its responsibilities. can check is the accuracy of an appli- venting this necessity of having to Sadly, I am afraid this is exactly cation for name, address, and phone bring in workers from foreign nations, what is happening in our country number, and whether it is all filled in, whether it be from Europe or else- today—over half a century after the and then you must certify it within 7 where. Most of them come from Asia lessons of Minamata Bay. days. And John Smith, who has worked now. Millions and millions are coming Fortunately, we are not faced with in the company for 10 years, has a in. Yet our own young people in this the same concentration of mercury pol- graduate degree, gets to train this country do not have the skills because lution as that Japanese fishing village

VerDate Jan 31 2003 02:50 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.049 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9947 so many years ago, where an estimated Other fish-eating wildlife like mink National Academy of Sciences. How- 27 tons of mercury compounds were and otters are at risk as well. ever, others are based on the EPA’s dumped into the Bay. Although U.S. In humans, once mercury is ingested weaker standard. EPA itself does not power plants emit almost twice that it has the ability to enter our blood issue advisories, but it offers guidance amount into the air each year, it is dis- stream and cross the blood-brain bar- to States. persed broadly, resulting in lower con- rier. Pregnant and nursing women then The FDA is responsible for warning centrations in any one place. can pass the mercury on to developing consumers about mercury contamina- Some estimates show that almost 100 fetuses and infants, who are at greatest tion of commercially available fish. additional tons of this poison are emit- risk for serious health problems. However, FDA advisories are rarely ted from other U.S. sources every year, The National Academy of Sciences posted where fish consumers can see bringing our air emissions total to al- has confirmed that prenatal mercury them, at the grocery stores or fish most 150 tons of mercury pollution an- exposure is linked to the following: im- markets. In fact, only this year did one nually. paired memory and concentration; the State, California, require that stores Furthermore, the principal route of inability to process and recall informa- begin posting warnings like this one. human and wildlife exposure, namely, tion; impaired visual and motor func- This advisory says: the consumption of poisoned fish, is tion; attention and language deficits; Warning—Pregnant and nursing women, the same in this country as it was in cerebral palsy; mental retardation; and women who may become pregnant, and Minamata. It is occurring at often dan- other developmental effects. young children should not eat the following gerous levels. These health effects are similar to fish: swordfish, shark, king mackerel, and Power plants are the largest unregu- those caused by lead poisoning. Indeed, tilefish. They should also limit their consumption of other fish, including fresh or lated source of mercury in the country, mercury is very likely the next lead. frozen tuna. emitting almost 50 tons each year into We were able to find an effective solu- Shamefully, the FDA does not make our air. To put this amount into per- tion to the lead problem relatively public the information it has collected spective, just one-seventieth of a tea- quickly. However, we can and should from fish safety testing. Plus, in 1998, spoon of annual mercury deposition address mercury pollution even more it ceased its mercury monitoring pro- can make fish in a 25 acre lake unsafe swiftly and effectively. We have ad- gram for shark, swordfish, and tuna, to eat. Utilities, amazingly, are releas- vanced technology that makes it pos- and now does only limited testing. ing enough mercury into our air every sible and feasible now. Does this seem like an adequate way year to contaminate 45 million lakes. In 2003, the Centers for Disease Con- to inform the public about the risks of Medical and solid waste incinerators trol and Prevention found that 1 in 12 fish consumption? The FDA must act are also major mercury polluters, but women of childbearing age has mercury now to better protect Americans. they are regulated under the Clean Air levels above EPA’s safe health thresh- The good news is that the Clean Air Act. Because of these regulations, in- old, due primarily to consumption of Act is designed to protect us from some cinerators have reduced emissions by poisoned fish. This totals almost 5 mil- sources of mercury pollution. The bad 95 percent in the last decade. Impres- lion women, and results in almost news is that this administration seems sive. The act also requires any residual 300,000 newborns with increased risk of determined to reverse or weaken such risk posed by these sources to be re- nervous system damage from exposure protections. duced with further emissions cuts. in the womb. The Clean Air Act amendments of When utilities burn coal, they release EPA recommends that pregnant 1990, which I was proud to work on with much of its mercury content into the women, or women who may become the first President Bush, called on EPA air. This mercury falls with the rain pregnant, eat only one serving of fish to study the health and environmental into lakes, streams, and the ocean. It each week, and adhere to any State impacts of mercury emissions from then transforms into a toxic compound advisories that may call for further utilities by 1993. called methyl mercury that does not prohibitions. Unfortunately, this vital study was break down easily, as this chart shows. What many Americans may not real- not completed until the end of 1997. This toxic mercury is eaten by fish, ize is that all other healthy children The amendments also ordered EPA to and increases in concentration up the and adults are also at risk if they con- explore available technologies for their fish food chain as smaller fish are con- sume a large amount of fish. This emission reduction potential, and to sumed by larger fish. Eventually, hu- group includes recreational anglers regulate mercury and other air toxics, mans and other animals eat the fish, like this boy here, some Native Amer- if deemed appropriate and necessary by and the mercury too. Clearly, our con- ican tribes, Asian Americans, and the the administrator. sumption of larger fish can expose us poor. A United Nations Environment Such a determination should have to greater concentrations of mercury Programme report has linked mercury been made soon after release of the contamination than eating smaller exposure to heart, thyroid, and diges- study, during the Clinton administra- fish. This cycle is depicted in the chart tive problems in adults. tion. However, the Clinton EPA did not beside me. This is truly a widespread health cri- issue such a finding until December The EPA estimates that although sis. Yet, despite the fact that these at- 2000. some atmospheric deposition of mer- risk groups can face mercury exposures EPA Administrator Carol Browner cury in the United States is due to two to five times higher than the gen- found that mercury regulation was, in non-U.S. sources, 60 percent of what eral population, they are often the fact, appropriate and necessary, given falls to Earth in our country is due to least informed about the dangers of the results of the prior EPA’s study. our own emissions. mercury consumption. This kicked off the drafting of max- We should take responsibility for the Today we rely on a hodge podge of imum achievable control technology— fact that most of our mercury deposi- State advisories to protect citizens or MACT—standards for mercury. tion comes from our own country. And, from eating too much poisoned fish. However, because EPA missed dead- for those sources abroad that affect our Currently, 43 States have advisories in lines in the Act to make that deter- Nation’s environment, I urge the ad- effect. mination, environmentalists sued and ministration to negotiate a treaty These advisories cover over 12 mil- obtained a settlement creating a sched- quickly to control non-U.S. emissions. lion acres of lakes, 450,000 miles of ule for the development of MACT Mercury contamination of fish in the river, 15,000 miles of coast, and more. standards. United States has very harmful im- Multi-state water bodies are often Now, the second Bush EPA must pro- pacts on our wildlife and our health. In covered by inconsistent warnings, lead- pose mercury emission standards for waterfowl such ass loons, it interferes ing to confusion for anglers and con- utilities by this December, and finalize with vision and muscle coordination. It sumers alike. Many States do not even them by next December. These stand- is toxic to their developing embryos monitor their own rivers and lakes. ards must be met by the end of 2007 at and hinders reproduction. As a result, Some State advisories are based on each unit. loon populations are declining, espe- EPA’s safety threshold, which has been EPA could expedite finalization of cially in the Adirondacks. deemed scientifically justifiable by the the standard to give industry more

VerDate Jan 31 2003 05:12 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.018 S25PT1 S9948 CONGRESSIONAL RECORD — SENATE July 25, 2003 time to comply, but instead the Agen- sponse, because that response would Pryor to the Eleventh Circuit Court of cy has opted for delays. I would also show that, by comparison, Clear Skies Appeals. Mr. Pryor was No. 1 in his note that EPA is currently violating is just a license to keep sending uncon- class at Tulane University Law School. the Clean Air Act’s schedule for air trolled mercury into our air. He is a magna cum laude of Tulane toxics controls for many other sources, It is hard for me to grasp why any ad- University School of Law where he was sending millions more pounds of dan- ministration would want to keep Con- editor and chief of the Tulane Law Re- gerous emissions into the air we gress and the public in the dark about view, something that very few lawyers breathe. the real benefits of the Clean Air Act. have the privilege of saying. He then Mr. President, industry information Could it be that the administration clerked for Judge John Minor Wisdom shows that the technology exists today wants to distort the perceived benefits for the Fifth U.S. Circuit Court of Ap- to reduce utility mercury emissions by of any proposed changes.? peals, a civil rights legend who helped 90 percent or more—down to about 5 To make matters worse, in a recent implement desegregation in the South. tons per year. Under MACT, the EPA hearing in the Environment and Public While working at two of Alabama’s should set its standard to match the Works Committee, an official from the top private law firms, he was the ad- capability of the best utility per- Council of Economic Advisors sug- junct professor of law at Samford Uni- formers. gested that the administration now versity Cumberland School of Law. In wants Congress to modify the mercury Not coincidentally, a 90 percent cut 1995, then-Attorney General JEFF SES- cap in their air pollution giveaway to in utility mercury emissions is guaran- SIONS, current Senator from Alabama, teed in my bill, the Clean Power Act of make it even less protective. hired him as Deputy Attorney General, Instead of capping mercury at twen- 2003. and in 1997 he was appointed to serve However, the current Bush adminis- ty-six tons in 2010, the administration would like us to consider a cap as high out Senator SESSIONS’ term. tration has proposed to derail EPA’s In 1998, Alabamians elected General as 46 tons. mercury standard—in essence, to vio- Pryor to this position. He was re- late the intent of the Clean Air Act. This is an outrage. Utilities today emit about 48 tons of toxic mercury elected in 2002 with the remarkable 59 This administration’s multi-pollut- percent of the vote. ant plan, called Clear Skies, does away every year. So the modified Clear Skies cap would mean only more inaction. Let me share some of the letters that with the Clean Air Act’s technology prominent Democrats have written standard for mercury. In its place, Candidate George W. Bush started with a four-pollutant bill, then dropped about General Pryor. Joe Reed, chair- Clear Skies calls for weaker standards man of the Alabama Democratic Con- and a 10-year delay in their achieve- carbon in 2001 to get to three pollut- ants. Now, his administration is more ference, which is the State’s African- ment. American caucus, writes that General Plus, EPA is prevented from using its or less admitting they support merely Pryor ‘‘will uphold the law without existing authority to require further a 2-pollutant bill. Is that what they fear or favor. I believe all races and reductions if residual risk from utility consider progress? colors will get a fair shake when their air toxics remains a problem. Why on earth would we allow them Could it be that the administration is to go forward with this plan? cases come before him . . . I am a more interested in giving polluters a The scientific evidence about the member of the Democratic National free ride than in protecting public dangers of mercury exposure mounts Committee and, of course, General health? annually. The technologies exist today Pryor is a Republican, but these are This harmful bias towards irrespon- to dramatically reduce emissions and only party labels. I am persuaded that sible industry is something we saw 50 the associated risk. To do otherwise in General Pryor’s eyes, Justice has years ago in Minamata Bay—and we abdicates the administration’s and our only one label—Justice!’’ should have learned a lesson about its responsibility to protect public health. Judge Sue Bell Cobb, who sits on the We have a vital choice to make in ill effects. Alabama Court of Criminal Appeals, The Clear Skies polluter payoff does Congress this year. Either we uphold stated: not aim for this five ton goal by 2008, the law as written in the Clean Air Act I write, not only as the only statewide but for 15 tons in 2018 and on—for eter- or we shut our eyes while the pollution Democrat to be elected in 2000, not only as a nity. As this chart shows, compared to and damage to our health and environ- member of the Court which reviews the greatest portion of General Pryor’s work, a strict interpretation of what the ment goes on. The delays and distortion must stop. but also as a child advocate who has labored Clean Air Act could do for our health, This in not the 1950s, as much as the shoulder to shoulder with General Pryor in this rollback totals 520 percent more administration would like it to be. I the political arena on behalf of Alabama’s toxic mercury in our environment and have no doubt there will be misguided children. It is for these reasons and more on our dinner tables before 2018, and 300 that I am indeed honored to recommend Gen- efforts to stall the mercury standards, eral Pryor for nomination to the 11th Circuit percent more mercury after 2018. which are already late. I promise that Why would we pass this risk on to Court of Appeals. I will keep a watchful eye. But I urge our children? I have to believe that no And Congressman ARTUR DAVIS en- all mothers and fathers to pay heed as compassionate parent- or grandparent- couraged President Bush to nominate well—your children’s and grand- to-be would knowingly do that. General Pryor, declaring his belief that children’s health hangs in the balance. EPA has thoroughly studied the mer- ‘‘Alabama will be proud of his service.’’ I have my own health advisory to cury threat and devised an adequate I will submit copies of these letters post on the walls of Congress today: for the RECORD, along with copies of health threshold—which has been sup- The administration appears less inter- the other many letters from Democrats ported by the NAS. The agency must ested in protecting mothers and chil- and Republicans, men and women, and follow through with the law of the land dren from mercury poisoning, and more members of Africa-American, Jewish, and cut mercury emissions from utili- interested in protecting the polluters’ and Christian communities who sup- ties now. In fact, this administration bottom line. This may explain why does not have the authority to do any port Bill Pryor’s nomination. they are trying to replace current law It is fundamental that a State attor- less. We in Congress must not and can- with Clear Skies. ney general has the obligation to rep- not in good conscience give them that The PRESIDING OFFICER. The Sen- resent and defend the laws and inter- authority through the Clear Skies roll- ator from Utah. back. Mr. HATCH. Mr. President, I ask ests of this State. General Pryor has If any of my colleagues doubt the po- unanimous consent my remarks be as fulfilled this responsibility admirably tential benefits of the current Clean in morning business. by repeatedly defending the public first Air Act, I suggest they ask this admin- The PRESIDING OFFICER. Without and the laws and policies enacted by istration for its long overdue economic objection, it is so ordered. the Alabama legislature. But one of the reasons for the broad spectrum of sup- analysis of today’s best technologies— f what the Act would require utilities to port for General Pryor is his dem- install. NOMINATION OF WILLIAM PRYOR onstrated ability to set aside his per- My colleagues should know that they Mr. HATCH. Mr. President, I rise in sonal views and follow the law. As you won’t get an honest, fair, or timely re- support of the nomination of William will undoubtedly hear during the

VerDate Jan 31 2003 05:12 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.022 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9949 course of the debate on his nomination, or’s nomination enjoys broad bipar- Department to prosecute the former General Pryor is no shrinking violet. tisan support from persons like former Ku Klux Klansmen who perpetrated the He has been open and honest about his Democratic Alabama Attorney General bombing of Birmingham’s 16th Street personal beliefs, which is what voters Bill Baxley. He observed of General Baptist Church, which resulted in the expect from the persons whom they Pryor: deaths of four little girls in 1963. elect to represent them. Yet General In every difficult decision he has made, his We will no doubt hear other claims Pryor has shown again and again that actions were supported by his interpretation during the course of this debate dis- when the law conflicts with his per- of the law, without race, gender, age, polit- torting General Pryor’s record or pre- sonal and political beliefs, he follows ical power, wealth, community standing, or senting only partial truths. I urge my any other competing interest affecting judg- colleagues to judge this nominee on his the law. ment. For example, in 1997, the Alabama record, not on the distortions we too That is pretty high praise coming legislature enacted a ban on partial often hear about President Bush’s from a Leading Democrat, one of his birth abortion that could have been in- nominees. He will make a fine addition predecessors. terpreted to prohibit abortions before to the Eleventh Circuit. Mr. Baxley continued, viability. General Pryor is avowedly I ask unanimous consent that the pro-life, and has strongly criticized Roe I often disagree, politically, with Bill Pryor. This does not prevent me from mak- letters to which I have referred be v. Wade, so one might very well have ing this recommendation because we need printed in the RECORD. expected General Pryor to vigorously fair minded, intelligent, industrious men and There being no objection, the mate- enforce the statute. Instead, he in- women, possessed of impreccable integrity rial was ordered to be printed in the structed law enforcement officials to on the Eleventh Circuit. Bill Pryor has these RECORD, as follows: enforce the law only insofar as it was qualities in abundance. . . . There is no bet- WILLIAM H. PRYOR, JR. TO BE UNITED STATES consistent with the Supreme Court’s ter choice for this vacancy. CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT precedents of Casey and Stenberg v. During the course of this debate, we LETTERS OF SUPPORT will hear many things about Bill Carhart—despite pressure from many ALABAMA DEMOCRATIC CONFERENCE, Republicans to enforce broader lan- Pryor. We will hear many one-sided Montgomery, AL, January 27, 2003. guage in the act. half-truths perpetuated by the usual THE PRESIDENT, Here’s another example: I am sure liberal interest groups who will stop at The White House, that we will hear General Pryor’s call nothing to defeat President Bush’s ju- Washington, DC. for modification or repeal of section 5 dicial nominees. I want to make sure DEAR MR. PRESIDENT: Through the news of the Voting Rights Act, which re- that this debate is about fairness, and media, it has come to my attention that you quires Department of Justice about telling the full story of Bill Pry- now have under consideration Attorney Gen- eral Bill Pryor for appointment as Circuit preclearance. By the way, General or’s record. Judge to the United States 11th Circuit Pryor is not alone in his opinion of sec- We will hear that General Pryor is Court of Appeals, of which Alabama is a tion 5; the Democratic Attorney Gen- devout pro life Catholic who has criti- part. I take this unusual opportunity to urge eral of Georgia, Thurbert Baker, has cized Roe v. Wade, but the rest of the you to appoint him. called section 5 an ‘‘extraordinary story is that many prominent pro- Attorney General Pryor will make a first- transgression of the normal preroga- choice Democrats, such as Justice class Judge because he is a first-class lawyer tives of the states.’’ Despite his opinion Ruth Bader Ginsburg, Archibold Cox and is a first-class public official. He is a per- that section 5 is flawed, General Pryor and former Stanford Dean John Hart son, in my opinion, who will uphold the law Ely have also criticized roe without without fear or favor. I believe all races and successfully defended before the Su- colors will get a fair shake when their cases preme Court several majority-minority anyone questioning their recognition come before him. As Attorney General for voting districts approved under section of it as binding Supreme Court prece- Alabama during the past six (6) years, he has 5 from a challenge by a group of white dent. been fair to all people. Alabama voters. He also issued an We will hear claims that General For your information, I am a member of opinion that the use of stickers to re- Pryor is against the disabled and elder- the Democratic National Committee and, of place one candidate’s name with an- ly, but the real story is that General course, Mr. Pryor is Republican, but these other on a ballot required preclearance Pryor has done his duty as Attorney are only party labels. I am persuaded that in Mr. Pryor’s eyes, Justice has only one under section 5. In other words, he General to defend his State’s budget from costly lawsuits. Other state attor- label—Justice. upheld a law that he thinks is legally I am satisfied that if you appoint Mr. flawed and politically flawed. In other neys general, including respected Pryor to the Bench, and he is confirmed by words, this man will abide by the law Democrats like Bob Butterworth of the Senate, he will be a credit to the Judici- in spite of his personal beliefs. Florida and now Senator MARK PRYOR ary and will be a guardian for justice. I urge Yet another example involves Gen- of Arkansas, have taken the same posi- you to appoint Mr. Pryor to this important eral Pryor’s interpretation of the First tions as General Pryor in dfending court. Amendment’s Establishment Clause. In their States. While the Supreme Court Sincerely, an effort to defeat challenges to school agreed with the attorneys general in JOE L. REED, Chairman. prayer and the display of the Ten Com- these cases that the Eleventh Amend- ment protects States from monetary mandments in the Alabama Supreme COURT OF CRIMINAL APPEALS, Court, both the Governor and the Chief damages in Federal court, these rulings STATE OF ALABAMA, Justice urged General Pryor to argue did not affect—and General Pryor did Montgomery, AL, January 21, 2003. that the Bill of Rights does not apply not seek to weaken—other important Hon. GEORGE W. BUSH, to the States. General Pryor refused, methods of redressing discrimination, The White House, despite his own deeply held Catholic like actions for monetary damages Washington, DC. faith and personal support for both of under state law, injunctive relief, or DEAR MR. PRESIDENT: I have had the good fortune to recommend a variety of people for these issues. back pay. We will hear claims that General a variety of positions. Never have I been And here’s my final example: General more honored or confident about a rec- Pryor supported the right of teachers Pryor’s criticisms of Section 5 of the ommendation than I am as I write on behalf to serve as state legislators, despite in- Voting Rights Act indicate a lack of of my dear friend and Alabama Attorney tense pressure from his own party, be- commitment to civil rights. That is General, Bill Pryor. cause he believed that the Alabama pure and simple, unmitigated bunk. In November of 2000, both you and I were Constitution allowed them to do so. But the real story is that General on the ballot. As I stood for reelection for This man follows the law, regardless of Pryor has a solid record of commit- my second term on the Alabama Court of his personal beliefs. That is all you can ment to civil rights, which includes de- Criminal Appeals, I became the only state- fending majority-minority voting dis- wide Democrat to survive the 2000 election. ask of a judicial official and of some- Hence, I write, not only as the only state- body who is nominated to a Circuit tricts, leading the battle to abolish the wide Democrat to be elected in 2000, not only Court of Appeals in this country. Alabama Constitution’s prohibition on as a member of the Court which reviews the These examples, and I can give oth- interracial marriage, and working with greatest portion of General Pryor’s work, ers, aptly illustrate why General Pry- the Clinton Administration’s Justice but also as a child advocate who has labored

VerDate Jan 31 2003 05:12 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.024 S25PT1 S9950 CONGRESSIONAL RECORD — SENATE July 25, 2003 shoulder to shoulder with General Pryor in Thank you very much for your attention joined the efforts of Attorneys General the political arena on behalf of Alabama’s to this matter. I look forward to working to- around the country in fighting the rising children. It is for these reasons and more gether over the coming months and years. tide of identity theft, pushing through legis- that I am indeed honored to recommend Gen- Best wishes, lation in the Alabama legislature making eral Pryor for nomination to the 11th Circuit ARTUR DAVIS, identity theft a felony in Alabama. Bill has Court of Appeals. Member of Congress. fought to keep law enforcement in Alabama Bill Pryor is an outstanding attorney gen- armed with appropriate laws to protect Ala- BAXLEY, DILLARD, DAUPHIN & eral and is one of the most righteous elected bama’s citizens, pushing for tough money MCKNIGHT, ATTORNEYS AT LAW, officials in this state. He possesses two of the laundering provisions and stiff penalties for Birmingham, AL, April 8, 2003. most important attributes of a judge; un- trafficking in date rape drugs. Hon. JEFF SESSIONS, questionable integrity and a strong internal Time and again as Attorney General, Bill Russell Senate Office Building, moral compass. Whether he is reviewing hun- has taken on public corruption cases in Ala- Washington, DC. dreds of appellate briefs to ensure the qual- bama, regardless of how well-connected the DEAR SENATOR SESSIONS: Media reports ity of the work his assistants submit to this defendant many be, to ensure that the public confirm that Alabama’s Attorney General, trust is upheld and the public’s confidence in court, whether he is preparing to argue one Bill Pryor, has been nominated to fill the va- of my cases to the United States Supreme government is well-founded. He has worked cancy which now exists on the Eleventh Cir- with industry groups and the Better Business Court. Whether he is using his considerable cuit. influence to encourage Alabama legislators Bureau to crack down on unscrupulous con- As you well know, I too am a former Attor- tractors who victimized many of Alabama’s to make children a top priority, or whether ney General of our great state. I therefore he is in his weekly tutoring session with an more vulnerable citizens. feel comfortable assessing Bill Pryor’s serv- From the time that he clerked with the ‘‘at-risk’’ child, Bill Pryor is proving that he ice in that elected office, as well as his fit- is a true public servant. late Judge Wisdom of the 5th Circuit to the ness to serve the United States as a Circuit present, though, the most critical asset that Bill Pryor is exceedingly bright, and a law- Judge. As a Democrat, I am certain I have a Bill Pryor has brought to the practice of law yer’s lawyer. He is as dedicated to the ‘‘Rule more unbiased frame of reference than is his zeal to do what he thinks is right. He of Law’’ as anyone I know. I have never many. As a lawyer with a diverse practice in has always done what he thought was best known another attorney general who loved Alabama—one which has seen me aligned for the people of Alabama. Recognizing a being the ‘‘people’s lawyer’’ more than Bill with him on some occasions and against him wrong that had gone on far too long, he took Pryor. Though we may disagree on an issue, on others—I have a better basis than most the opportunity of his inaugural address to I am always confident that his position is for gauging his character, fitness and ability. call on an end to the ban on inter-racial mar- Bill Pryor is a completely independent the product of complete intellectual hon- riages in Alabama law. Concerned about at- man of unwavering convictions. He coura- esty. He loves the mental challenge pre- risk kids in Alabama schools, he formed geously takes positions dictated by his con- sented by a complex case, yet he never fails Mentor Alabama, a program designed to pair science and does so based upon a truly intel- to remember that each case impacts people’s volunteer mentors with students who needed lectual sense of right and wrong. In this re- lives. a role model and an attentive ear to the gard, his willingness to be guided by pure in- problems facing them on a daily basis. A sportscaster once said about a former terpretations of the law superbly qualifies These are just a few of the qualities that I Atlanta Braves player, Terry Pendleton, him for the federal bench. He has never, to believe will make Bill Pryor an excellent ‘‘[H]e does the right thing, because it is the my knowledge, bowed to any pressure from candidate for a slot on the 11th Circuit Court right thing to do.’’ That, Mr. President, per- constituents or special interest groups. In of Appeals. My only regret is that I will no fectly describes Bill Pryor. Hence, it is my every difficult decision he has made, his ac- longer have Bill as a fellow Attorney General profound honor to urge you to nominate a tions were supported by his interpretation of fighting for what is right, but I know that great Alabamian, General Bill Pryor, to the the law, without race, gender, age, political his work on the bench will continue to serve 11th Circuit Court of Appeals. power, wealth, community standing, or any as an example of how the public trust should I would be honored to assist you in any other competing interest affecting his judg- be upheld. way in making General Pryor’s nomination ment. This is a rare accomplishment, and Sincerely, and confirmation a reality. With best re- the core reason for this, my highest and best THURBERT E. BAKER. gards, I remain, recommendation. Most Sincerely, I often disagree, politically, with Bill STATE OF ALABAMA, SUE BELL COBB, Pryor. This does not prevent me from mak- HOUSE OF REPRESENTATIVES, Judge. ing this recommendation because we need fair minded, intelligent, industrious men and Montgomery, AL, June 5, 2003. women, possessed of impeccable integrity, on Hon. ORRIN G. HATCH, CONGRESS OF THE UNITED STATES, the Eleventh Circuit. Bill Pryor has these Chairman, Committee on the Judiciary, U.S. HOUSE OF REPRESENTATIVES, qualities in abundance. I am certain he will Senate, Hart Office Building, Washington, Washington, DC, January 10, 2003. be guided completely by his conscience and DC. Hon. JEFF SESSIONS, afford a balanced analysis to every case be- Hon. PATRICK J. LEAHY, U.S. Senate, fore him, without unfair advantage to any Ranking Member, Committee on the Judiciary, Russell Senate Office Building, litigant. There is no better choice for this U.S. Senate, Russell Senate Office Building, Washington, DC. vacancy. Washington, DC. DEAR SENATOR SESSIONS: Thank you for all Respectfully yours, DEAR SIRS: Please accept this as my full of your kindness during the transition pe- WILLIAM J. BAXLEY. support and endorsement of Alabama’s At- riod. You and the rest of the Alabama Dele- torney General Bill Pryor to the United gation have made me feel very welcome DEPARTMENT OF LAW, States Court of Appeals for the 11th Circuit. STATE OF GEORGIA, I am a black member of the Alabama As you know, several pending vacancies on House of Representatives having served for the Alabama federal bench are attracting at- March 31, 2003. Hon. RICHARD SHELBY, 28 years. During my time of service in the tention back home. I understand that the Alabama House of Representatives I have led President may be considering Attorney Gen- U.S. Senate, Hart Senate Office Building, Washington, DC. most of the fights for civil rights of blacks, eral Bill Pryor for a seat on the Eleventh women, lesbians and gays and other minori- Circuit. I have the utmost respect for my Hon. JEFF SESSIONS, U.S. Senate, Russell Senate Office Building, ties. friend Attorney General Pryor and I believe Consider Bill Pryor as a moderate on the if he is selected, Alabama will be proud of his Washington, DC. DEAR SENATORS: I have had the great race issue: service. pleasure of knowing and working with Bill 1. From 1998 to 2000, Bill Pryor sided with In the near future, as openings occur on Pryor over the past five years. Through the the NAACP against a white Republican law- the District Court, I encourage you to view National Association of Attorneys General, suit that challenged the districts for the this as an opportunity to diversify the fed- Bill and I have worked together on matters Legislature. Pryor fought the case all the eral bench. Unfortunately only two African of mutual concern to Georgia and Alabama. way to the U.S. Supreme Court and won a Americans have ever served as federal dis- During that time, Bill has distinguished unanimous ruling in Sinkfield v. Kelley, 531 trict judges in Alabama. I believe that a re- himself time and again with the legal acu- U.S. 28 (2000). The lawsuit was filed by Attor- view of the most qualified judicial can- men that he brings to issues of national or ney Mark Montiel, a white Republican, and didates will inevitably lead to the inclusion regional concern as well as with his commit- the 3-judge district court ruled 2 to 1 in favor of black attorneys. I strongly encourage you ment to furthering the prospects of good and of Montiel. Two Republicans (Cox and to consider recommending for nomination responsive government. Albritton) ruled in favor of Montiel while several outstanding black attorneys who During is tenure as Attorney General, Bill Judge Myron Thompson (a black Democrat) have distinguished themselves. I know you has made combating white-collar crime and agreed with Pryor that Montiel’s white cli- would agree that Alabama deserves a federal public corruption one of the centerpieces of ents had no standing to challenge black dis- bench that looks like Alabama. his service to the people of Alabama. He tricts in which the whites did not live.

VerDate Jan 31 2003 02:50 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.075 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9951 2. In 2001 and 2002, Bill Pryor sided with the that these groups have taken the time to sit mittee to a vote. In fact, there was an Legislature when it redrew districts for Con- down and talk with Attorney General Pryor, objection to voting, which I overruled. gress, the Legislature, and State Board of I am proud to say that he has my support Thus, on its face, rule IV was inappli- Education. Mark Montiel filed lawsuits in and the support of many in the Alabama cable to the Pryor nomination. federal court (Montiel v. Davis) challenging Jewish Community because of his personal Despite claims to the contrary, there the black districts as racial gerrymanders. integrity and commitment to insure that all Pryor won every lawsuit. Pryor came under of our citizens are treated fairly and receive has been no inconsistency in my inter- heavy pressure from other white Republicans equal justice under the law. He has been a pretation of this rule. First of all, I in Alabama for fighting to protect black true friend to the Alabama Jewish Commu- have checked with two Parliamentar- Legislative seats. nity on many important issues. ians, and both said I could interpret 3. Bill Pryor worked with U.S. Attorney Attorney General Pryor has a distin- the rule. I believe I have interpreted it Doug Jones to prosecute KKK murderers guished career as a public servant, practicing correctly. Blanton and Cherry for the September 14, attorney and law professor, and is highly During the Clinton administration, 1963, bombing of Sixteenth Street Baptist qualified to serve on the Federal bench. He in an effort to prevent the defeat in Church that killed four little girls. Bill has a well deserved reputation for fairness Pryor personally argued to uphold Blanton’s and competency that cuts across party lines committee of a controversial Justice conviction before the Alabama Court of and which has resulted in overwhelming sup- Department nominee, I was chairman Criminal Appeals on May 20, 2003. port from Alabamians of all political parties and I wanted to bring the nomination 4. Bill Pryor drafted the law (Ala. Code and segments of our society. His distin- to a vote. We had enough votes to de- § 12–25–2(a)(2)) that created the Alabama Sen- guished record as Attorney General affirms feat the nominee in committee. It tencing Commission with the stated purpose my belief that he will serve with great dis- would have been a 9–9 tie, and the of ending racial disparities in criminal pun- tinction as a Federal judge. nominee would have gone down to de- ishments. Very truly yours, feat. The Democrats then started to fil- 5. In 2000, Bill Pryor started Mentor Ala- HERC LEVINE. bama—a program to recruit positive adult ibuster their own nominee. In def- role models for thousands of at-risk youth f erence to them, I chose not to exercise which were 99% black. For the last three FAIRNESS IN THE CONSIDERATION the inherent powers I and all com- years, Bill Pryor has worked every week as OF JUDICIAL NOMINATIONS mittee chairmen have to bring a mat- a reading tutor for black children in a Mont- ter to a vote. gomery public school. Mr. HATCH. Mr. President, on I have been condemned for that ever 6. In 2002, I introduced a bill in the Ala- Wednesday the Judiciary Committee since as though I acknowledged that bama Legislature to amend the Alabama favorably reported to the full Senate Constitution repealing Alabama’s racist ban you should just have filibusters in the on interracial marriage. Every prominent the nomination of Alabama Attorney committee any time you want to. white political leader in Alabama (both Re- General William Pryor for the Elev- President Clinton ultimately made a publican and Democrat) opposed my bill or enth Circuit Court of Appeals. It has recess appointment of their nominee. remained silent except Bill Pryor who open- been more than 6 weeks since General In retrospect, my reliance on rule IV to ly and publicly asked the white and black Pryor’s confirmation hearing, and I am accomplish this was admittedly not the citizens of Alabama to vote and repeal such pleased that the full Senate will now best course of action. I was wrong to racist law. It was passed with a slim major- have the opportunity to consider his say they could filibuster. But I was ity among the voters and Bill Pryor later nomination. successfully defended that repeal when the trying to be gracious to my colleagues leader of a racist group called the ‘‘Confed- Nevertheless, we will no doubt hear on the other side who clearly did not erate Heritage’’ sued the State to challenge over the course of this debate many al- want to vote on the record defeating it. legations from some of our Democratic their nominee. Since I respected and 7. I sponsored HB534 this Legislative Ses- colleagues as to why they believe that liked the nominee himself, but not for sion establishing cross burning as a felony. Bill Pryor’s nomination does not de- the particular position he was nomi- Said bill passed the Alabama House of Rep- serve an up or down vote by the full nated for, I would have supported him resentatives on May 15th 2003. That bill was Senate. I want to make perfectly clear written by Bill Pryor and he was the only for any other position. And I had good white leader in Alabama that openly and right now that there is no valid reason reason to be against him for this posi- publicly supported it. to delay this body’s consideration of tion. I agreed to allow their filibuster Finally, as one of the key civil rights lead- the Pryor nomination. to cause me to pull down his nomina- ers in Alabama who has participated in basi- All we ask is that there be an up-or- tion rather than to have a vote that cally every major civil rights demonstration down vote. Vote against him if you would have been embarrassing to him in America, who has been arrested for civil don’t like the man personally—al- and to the Democrats. And that is why rights causes on many occasions, as one who though there is little room to vote they were filibustering their own nomi- was a field staff member of Dr. Martin Lu- against him because of his record. ther King’s SCLC, as one who has been bru- nee. Now they cite that as the reason tally beaten by vicious police officers for Despite these efforts by committee why I am wrong here. But there is no participating in civil rights marches and Democrats to erect a procedural road- reason for that. demonstrations, as one who has had crosses block to voting on the Pryor nomina- I nevertheless believed then, and I do burned in his front yard by the KKK and tion in spite of fact that I had set five now, that I had the power to bring that other hate groups, as one who has lived markups, I finally was able to have a matter to a vote, and that I used the under constant threats day in and day out markup on his nomination. They want- discretion of the chairman to decide because of his stand fighting for the rights of ed to revive a debate over the interpre- not to do so. It was a matter of show- blacks and other minorities, I request your tation of committee rule IV. This rule, swift confirmation of Bill Pryor to the 11th ing decency and kindness to my col- Circuit because of his constant efforts to entitled ‘‘Bringing a Matter to a leagues on the other side and to the help the causes of blacks in Alabama. Vote’’, was clearly intended to serve as nominee so he would not have a vote Thanks for your consideration. a tool by which a determined majority that defeated him in committee. Sincerely, of the committee could force a recal- The fact of the matter is I don’t be- ALVIN HOLMES, citrant chairman to bring a matter to lieve there should be filibusters in the State Representative. vote. In fact, the rule provides, ‘‘The Judiciary Committee. We have had at Chairman shall entertain a non-debat- least two instances now where my col- HERC LEVINE, Birmingham, AL, June 5, 2003. able motion to bring a matter before leagues on the other side have tried to Hon. ORRIN HATCH, the Committee to a vote.’’ filibuster. In addition, the Democrats Chairman, Committee on the Judiciary, Dirksen Clearly, it was a rule by which you now complain they weren’t given Building, Washington, DC. could force a chairman to have a vote. enough time to do an investigation. We DEAR CHAIRMAN HATCH: As an active and All you had to do was get a majority of have given them all kinds of time to do proud member of the Birmingham Jewish the Senators on the committee with an investigation. Since their investiga- Community, I was disappointed by the deci- one from the minority side and you tion was proving to be fruitless because sion of the National Council of Jewish Women and the Religious Action Center of could force a chairman to call for a they couldn’t find one thing to criticize Reform Judaism to oppose the nomination of vote. Attorney General Pryor on, they want- Attorney General Bill Pryor to the 11th Cir- On Wednesday there was no motion ed to have a fishing expedition to do cuit Court of Appeals bench. While I doubt to bring the matter before the com- further investigation.

VerDate Jan 31 2003 02:50 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.079 S25PT1 S9952 CONGRESSIONAL RECORD — SENATE July 25, 2003 I want to make clear that at no time ward with an investigation, over Re- closely with my colleagues who differ did I agree to modify my interpretation publican objection, based on with us on our side as I possibly can, of rule IV in connection with the Cook, unauthenticated and unreliable docu- and I am going to continue to do that, Roberts, or Sutton nominations, which ments provided to them by a source and try to work in a decent, honorable, is the last context in which this debate who refuses to talk to Republican staff, good way with my colleagues. But I do arose. I did agree to bring Roberts back whose former employer stated under personally resent some of the accusa- in to the committee and have one more oath that she stole the documents, and tions that have been made, some of the day of hearing. I did not agree to bring who has yet to disclose the details of mischaracterizations that have been Cook back or Sutton back. But at no when and how she first provided the made, some of the things that have time did I agree my interpretation of documents to Democratic staff. been done to besmirch some of these rule IV which I made at that time was Some on our side wanted the com- excellent people whom the President of in error. It certainly was not. mittee to conduct an investigation of the United States has nominated, and a I can’t imagine any committee chair- Democratic staff. I am certainly not continuation of filibustering on the man agreeing to give up his or her going to do that. Frankly, Democratic floor of the Senate. right to call for a vote in committee staff, I think, have an obligation if Having said that, I am going to con- after there has been a sufficient debate. they get documents to look at them clude with these remarks: Never in the No chairman is going to give up that and to present them to us. However, history of the Senate—before Miguel right because that means the minority these documents weren’t presented to Estrada, Priscilla Owen; and now there could control the committee any time us until the last minute. is some indication there is going to be they wanted to. The argument which Frankly, it is just another pattern of a filibuster of William Pryor, the attor- they make on this is ridiculous. practice of delaying as long as they can ney general of the State of Alabama— But, be that as may, at no time did I and making it miserable for people like never has there been a filibuster, a true agree to modify my interpretation of Bill Pryor to get a vote up or down. All filibuster against anyone. rule IV in connection with the Cook, we want is a vote up and down. Now, I thought—and I have said it on Roberts, or Sutton nominations, which Democratic staffers have interviewed the floor—I thought there was a fili- is the last context in which this debate 20 persons but have found nothing in- buster of the Fortas nomination, but I consistent with General Pryor’s testi- arose. To have adopted the interpreta- was corrected by none other than the mony. There is simply nothing to indi- tion my Democratic colleagues ad- Senator who led the fight against cate General Pryor was anything less vanced both then and now would have Fortas—and that was Robert Griffin of than truthful about the material facts constituted an unprecedented curtail- Michigan—in a Republican policy of his participation in the Republican ment of the chairman’s inherent au- meeting, where he said: I only need to Attorneys General Association. What thority to bring a matter to vote, and correct Senator HATCH on one state- is going on here is a classic game of would have given the authority to con- ment that he made; and that is, that ‘‘beltway gotcha.’’ That is no reason to trol the committee to the minority. I having led the fight against Fortas— delay consideration of General Pryor’s don’t think they would want that when for a variety of what he believed were nomination. they are in the majority, and I cer- We even had members say we want to appropriate reasons; and apparently a tainly don’t want it now that we are in have another hearing for General Pryor majority of the Senate did—he said: We the majority. No other chairman I after all that we have had. His was one were never filibustering Abe Fortas. know of who has any brains at all of the longest hearings I can recall And the reason we were not is because would have allowed that type of inter- having in my 27 years on the Judiciary we had the votes to defeat him up and pretation. Yet you hear all of the Committee. It was a very difficult down. screaming and shouting that they were hearing with a lot of moaning and But the Democrats called for a clo- mistreated. groaning and screaming and shouting. ture vote, which was narrowly won by In short, there was no violation of Frankly, it was one in which I don’t Fortas, with 12 Members absent at the committee rules or process in bringing think he was treated as fairly as he time, many of whom would have voted the Pryor nomination to a vote on should have been treated, nor do I against Abe Fortas. Wednesday, and any argument to the think he has been treated fairly since. So never in the history of this body contrary is merely a last-ditch effort I think there are reasons for that. One has there been a filibuster against any to prevent the full Senate from consid- of them is he is so forthright about his Federal judicial nominees until this ering that nomination. testimony and that he has conservative year. And now we have two—and a po- Another complaint we will hear is beliefs that I think some on the other tential of three. And I hope they are there was an open investigation into side are afraid that even though his not going to filibuster Kuhl. And I hope General Pryor’s activities on behalf of whole record is one of following the they are not going to filibuster the Republican Attorneys General As- law, he might not follow the law if he Holmes. And I hope they are not going sociation at the time of the vote. Here gets on the Eleventh Circuit Court of to filibuster Judge Pickering when he are the facts: Appeals—even though he is an honest comes out of the committee, and oth- When our Democratic colleagues man and said he will follow the law re- ers. brought to our attention documents gardless of his personal viewpoint. It is a dangerous thing to do. It is a they obtained pertaining to RAGA, we That is all you can ask of these peo- wrong thing to do. It flies in the face of joined with them to conduct a bipar- ple. When you have a person of the in- senatorial history. In the end, this tisan investigation to determine the tegrity and the ability and the capac- body is going to be very saddened if authenticity of the documents, wheth- ity of William Pryor who says he will that is the way all of these nomina- er they reflected any wrongdoing on follow the law, you had better believe tions wind up, without an up-and-down the part of General Pryor. Committee it, in my opinion. If we get to the point vote on the floor of the Senate. staff interviewed several witnesses in where we have to second-guess people What is wrong with having up-and- connection with this investigation, who have an impeccably honest reputa- down votes on the floor of the Senate with two notable exceptions. First, the tion around here, it is going to get to for these nominees? Whether it is a Democrats’ source of these documents where nobody who has any views is Democrat President or a Republican has not answered key questions about going to be able to serve on the Federal President, once they are brought to the when the documents were drafted, who courts of this land. That is wrong. Senate floor, they deserve an up-and- drafted them, and who has had access I felt like I needed to come here down vote. That is all we are asking to them. Second, Democratic staff today and say some of these things, be- for. asked General Pryor no questions cause in all honesty I think we have I yield the floor. about the documents, despite his will- had too many of these type of ridicu- The PRESIDING OFFICER (Ms. MUR- ingness to answer whatever questions lous battles in the Senate Judiciary KOWSKI). The Senator from Nevada. they may have had. Committee. Mr. REID. Madam President, I am Nevertheless, our Democratic col- I am trying to bring some decency to not going to speak at any great length leagues have insisted on pressing for- the committee. I have tried to work as regarding the statement made by my

VerDate Jan 31 2003 02:50 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.064 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9953 friend, the distinguished senior Sen- about what there is at the academies tary academies, Army, Navy, and Air ator from Utah, regarding this par- for these high school students. Force. I don’t know who nominated ticular judge, Judge Pryor. I don’t They draw large crowds. Hundreds him to the Air Force. Back then it know much about him, but I am sure in and hundreds of people come to these could have been Senator ENSIGN when the near future we will learn more events in Reno and Las Vegas. And now he was in the House. I really don’t about him because, as indicated by my Senator Hecht and I don’t do it alone; know who it was. We know who nomi- distinguished friend from Utah, the now the entire congressional delega- nated him to the Army and Navy. chairman of the Judiciary Committee, tion joins us: Senator ENSIGN and I, White said Josh Byers selected West the nomination, at the time of the Congressman GIBBONS, Congressman Point because he thought its rules of hearing, was very disputed and it took PORTER, and Congresswoman BERKLEY. conduct were the strictest. White said: a long time. So I am sure I will learn These are wonderful occasions. He said, ‘‘Even though I want to go into more about this man. Josh Byers of Sparks, NV, came more the Navy, I’m going into the Army. Their But the one statement I want to than 1 year. He loved Academy Night. honor code is better.’’ comment on, made by my friend from He wanted to go to one of our military Before he left to go to Iraq and after Utah, is that the Democrats are look- academies. He worked hard. He was he was there, Josh tried to comfort his ing for ways to oppose President Bush’s student body president at Reed High mother by telling her the worst fight- judicial appointments. School. He was nominated to the Naval ing was over and it would be finished Madam President, there is an order Academy by me. He was nominated to by the time he got to Iraq. But as she in effect that on Monday night we will the U.S. Military Academy at West learned, as we learn almost every day vote on two judges, a man by the name Point by Senator Bryan. from the news, the worst is not over. In of Earl Leroy Yeakel of Texas and a Josh’s best friend, Beau Elsfelder, in fact, Josh kept saying: woman by the name of Kathleen being interviewed by the press last Mom, the worst will be over when I get Cardone of Texas, both to be Federal night, referred to Josh as ‘‘The Man.’’ there. We will be doing peacekeeping, setting District Judges for the United States. That is how he referred to him. He was up the government and providing aid to the Both of those judges will be approved an A student. As I indicated, he was people of Iraq. by large margins. president of the student body. They Our young men and women in Iraq These 2 judges will bring the total to had a military cadet unit there. He was are still dying almost every day. My of- 140 judges who will have been approved the leader of that unit. fice spoke to Mrs. Byers today. I called by this Senate during the administra- He always told his friends he wanted and the phone was tied up. I was not tion of this President—140. How many to be an officer in the Army or the able to do that. I wanted to give these have we turned down? How many have Navy. The entire Nevada delegation remarks prior to the Senate recessing. the Democrats—who, as my friend indi- was supportive of this dream. I left a message for the parents saying cated, are looking for ways to oppose As I indicated, I nominated him to I was going to give a speech on the President Bush’s judicial nominees— the Naval Academy. Senator Bryan Senate floor today. There is nothing I turned down? We have turned down nominated him to West Point where he can do, that we can do, to erase the two. The count on Monday night will graduated. He went on to become a loss of the parents, but the one thing be 140 to 2. company commander in the 3rd Ar- we can do is never forget the sacrifice Does it mean that it has to be every mored Cavalry Regiment. This past made by Josh Byers. I know everyone judge he gives us? I think not. Any rea- April he was shipped off to Iraq to de- in the Senate family, whether it is our sonable person, looking at these num- fend our country and our interests in Chaplain or the individual Senators, of- bers, would acknowledge there has that part of the world. A little more fers our condolences for Josh’s widow, been no witch hunt by the Democrats. than 24 hours ago he was riding in a ve- his parents, and the entire family. Madam President, 140 to 2 is a pretty hicle. Two men hiding beside the road I know we all join in hoping for the good average. triggered an explosive device, killing safe return of the other 150,000 men and him and injuring seven other comrades f women from America who serve in Iraq of Josh’s. today. We wish their safe return, and HONORING OUR ARMED FORCES Tragically, Josh’s mother, on this offer our condolences once again to the Mr. REID. Madam President, today, same date he was killed, was observing Byers family. this afternoon, here in the Senate, I her birthday. But mothers, as they are, The PRESIDING OFFICER. The Sen- stand, for lack of a better description, seem to know. Even before the tragic ator from Utah. news about her son she had worried with a sad heart. I am sorrowful. f Almost every day we see news re- about him a lot, was extremely worried ports about casualties sustained by our this day. His parents are wonderful CONFIRMATION OF JUDGES brave men and women in Iraq. In the people. His father came to Nevada to Mr. HATCH. Madam President, I last 2 days we have lost five soldiers. set up a church. They left northern Ne- would like to correct the distinguished These reports are always troubling, but vada and went back to South Carolina minority whip on one thing. It is true when they involve another young per- to set up a church. His parents just ar- we have had about 140 judges go son from my State, they really hit rived back in this country on the day through and only two so far have been home. he was killed, coming back from Guam filibustered. The third is on its way, Josh Byers of Sparks, NV, was the where they are missionaries. maybe fourth, fifth, and sixth. Stop- kind of young man any of us would be To show you the outstanding young ping, through a filibuster, anybody, proud to call son. He graduated from man Josh was, you only need to look at even one judge, is unacceptable. It has Reed High School in Sparks/Reno, NV. what his high school counselor Bob never been done before, especially Kids come from both Sparks and Reno White said. He said: judges for the circuit court of appeals. to go to Reed High School. He’s the second one we have lost in Iraq. But it has never been done even for dis- For many years, the Nevada congres- White, who kept a picture of Josh on trict court judges and certainly not for sional delegation has been holding an his office bulletin board, remembered Supreme Court judges. event that was first started by Senator his second day on the job at Reed High All we want is an up-or-down vote on Hecht, who was a Senator from Ne- School as a new counselor, during the these people. That is all we want. If vada. And this Senator—we started 1990–91 school year when he met a jun- they are defeated, we can live with it. holding what we call Academy Night ior who wanted to attend a military If they pass, I hope the other side can where we have a meeting in Reno and academy. It was Josh Byers. White live with that. But I don’t think it is one in Las Vegas. We bring young men said: too much to ask for the President’s and young women from Nevada who are He came into the office and introduced nominees who are brought to the floor now in the academies back to Nevada. himself. He said, ‘‘My goal is to go to an of the Senate to have an up-or-down We have music, and we have presen- academy. I’m a junior. I need your help.’’ vote. I don’t think that is too much to tations made by all the academies, in- White said Josh Byers, as a senior, ask, and I don’t think the American cluding the Merchant Marine Academy, was accepted into all three major mili- people believe that is too much to ask.

VerDate Jan 31 2003 05:12 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.067 S25PT1 S9954 CONGRESSIONAL RECORD — SENATE July 25, 2003 Even the filibuster of one nominee is cessible by road. The others are up to Nate Preston, Manokotak School: coordi- unacceptable because that means you 120 miles from the school district’s nated photography and publishing for the are not allowing the President to have headquarters in Dillingham and may program. Steve Horn, Challenger Learning Center of an up-or-down vote if somebody is only be reached by air in winter. Some Alaska: secured educational curriculum for brought to the floor of the Senate. are accessible by river during summer the school district. I am concerned that we will soon see months when, of course, our schools Jamie Meyers, Challenger Learning Center the number of judges who are denied an are closed. of Alaska: coordinated curriculum between up-or-down vote escalate from two to The 779 students in the school dis- the center and the school district. three to four to five to six, maybe trict are primarily Yu’pik Eskimos. Martin Cary, GCI: secured telecommuni- more. Is that an acceptable number of Most non-Native villagers in this re- cations resources and personnel to link NASA and the school district. judges who do not deserve an up-or- gion are employed as teachers. Greg Dutton, GCI-SchoolAccess: managed down vote? Of course not. Not one During their 20-minute conversation GCI’s participation. should be denied an up-or-down vote, with the International Space Station David Morris, GCI: managed public affairs once they are brought to the floor of crew, students at Manokotak school for the program. the Senate. I believe that is true. asked questions about geography and Anna Sattler, GCI: coordinated communication between participants. f space on behalf of their fellow students throughout the district. They watched Tom Elmore, GCI: coordinated the video MORNING BUSINESS teleconference connection with school disas U.S. astronauts Ken Bowersox and trict sites. Mr. HATCH. Madam President, I ask Don Pettit and Russian cosmonaut Chad Parker, GCI: coordinated technology unanimous consent that the Senate Nikolai Budarin, floating inside the needs. proceed to a period for morning busi- space station, answered their ques- Brian Lichner, GCI: managed the NASA ness. tions. TV downlink in Anchorage. The PRESIDING OFFICER. Without There was a special surprise, when Rob Knorr, GCI: managed the NASA TV objection, it is so ordered. the students learned that Alaska’s own downlink in Juneau. Greg Farmer, GCI: managed the NASA TV f NASA astronaut, Bill Oefelein, who feed in Juneau. hails from Anchorage, flew from Hous- TEACHING FROM SPACE PROGRAM Doug Keil, GCI: connected the NASA TV ton to Manokotak to be with the stu- feed in Anchorage to GCI-SchoolAccess. Mr. STEVENS. Mr. President, April dents on their special day. Mark Dinneen, GCI: managed government 10, 2003, brought a new educational Many individuals and organizations relations for the program. milestone to my State. contributed to the success of this edu- John Raffetto, Infotech Strategies: managed communication between all partici- On that date, Alaska students from cational achievement. This was a col- one of the most rural school districts pants. laborative effort achievement. This Nicole Angarella, Infotech Strategies: co- in our Nation were the first Alaskans was a collaborative effort of NASA, the ordinated logistics and on-site materials. to take part in a live hook-up with as- Southwest Region School District, the Tracy Krughoff, Infotech Strategies: astronauts in space. Challenger Learning Center, and GCI. sisted school district with applications. Using distance learning technology, Mr. President, I ask unanimous con- Angela Mathwig, Infotech Strategies: co- youngsters from my States Southwest sent that all the individuals names be ordinated logistics and on-site materials. Region School District spoke to the Christopher Capps: coordinated astronaut printed in the RECORD following my re- participation. three-member crew of the Inter- marks. Mike Donovan Hausler: managed design national Space Station as astronauts Sean O’Keefe, NASA Administrator. and production of graphic art. orbited the Earth. Lieutenant William Oefelein, USN, NASA f These students were participating in astronaut: flew to Manokotak to be on-site NASA’s Teaching From Space Pro- with the students. DEPARTMENT OF HOMELAND gram, which includes science, mat, and Gwendolyn Brown, NASA: coordinated SECURITY APPROPRIATIONS BILL geography instruction, and features a public affairs for the event. Mr. FEINGOLD. Mr. President, I Cindy McArthur, NASA: guided live video question-and-answer session Manokotak teachers through the Teaching want to add my thoughts to the debate with the astronauts aboard the space from Space program. on the Department of Homeland Secu- station. Kelly McCormick, NASA: guided rity appropriations bill for fiscal year This session complemented a 6 week Manokotak teachers through the Teaching 2004. educational program, developed by our from Space program. First, I want to take this opportunity Challenger Learning Center in Kenai, Scott Anderson, NASA: guided Manokotak to thank the distinguished chairman which was included in the curriculum teachers through the Teaching from Space and distinguished ranking member of program. of the Southwest Region School Dis- Robin Hart, NASA: guided Manokotak the Appropriations Subcommittee on trict. teachers through the Teaching from Space Homeland Security for working so dili- While the Teaching From Space Pro- program. gently on this bill before us. These gram has provided unique and moti- Randy Cash, NASA: managed the audio leaders had the difficult job of allo- vating educational experiences to stu- portion of the program. cating a very limited amount of money dents across our country for many Glenn Peterson, NASA: Mission Control for one of the Nation’s most pressing years, only recently were Alaska Specialist. needs and they have done an admirable schools able to take advantage of the Superintendent Mark Hiratsuka, South- west Region School District: secured approv- job. NASA program. als for the program. I also thank this Nation’s first re- Until a few short months ago, no Tim Whaling, Southwest Region School sponders. They are the ones who are on schools in rural Alaska had technology District: coordinated the educational cur- the front lines of this fight against ter- to allow teachers and students to com- riculum for the program. rorism. They are the ones who will be municate via video with others outside Karen Swenson, Southwest Region School the first to react to any future attack their villages. District: secured approvals for the program. upon our Nation. These brave men and Now that is changing, as some Steve Noonkesser, Southwest Region women must, at a moment’s notice, be School District: managed the school dis- schools use distance learning tech- trict’s technology and coordination with ready to respond to a host of possible nology to virtually bring new teachers GCI. horrifying scenarios, including those and subjects into their classrooms. David Piazza, Southwest Region School involving nuclear, radiological, biologi- The Southwest Region School Dis- District: managed the school district’s tech- cal, and chemical devices. trict, one of the first in Alaska to in- nology. Congress has been working hard to stall distance learning technology, is Principal David Legg, Manokotak School: support our first responders, including located on the southern coast of the secured facilities and staff for the program. providing almost $3.9 billion in this ap- Kirk Kofford, Manokotak School: prepared Bering Sea, 350 miles southwest of An- students for the NASA link up and taught propriations bill. I am particularly chorage. the NASA distance learning curriculum. pleased that the committee chose to Eight villages are served by this Dana Bartman, Manokotak School: pre- maintain the successful firefighter as- school district, only one of which is ac- pared students for the link-up. sistance grants and fund them at $750

VerDate Jan 31 2003 03:24 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.070 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9955 million rather than the President’s re- past experiences and improve the qual- The Sell family settled in Petersburg, quested $500 million. I thank the com- ity of their efforts, thereby assuring TX in the early 1900’s, a small farming mittee for their wisdom in this matter. taxpayers the maximum return on community that has changed very lit- Although this bill does a lot to help their investment in homeland secu- tle over the past century. Clay’s father our first responders, it does not do rity.’’ George grew up to become the first per- enough. As my colleagues know, the I offered an amendment directing the son in the family to receive a college Council on Foreign Relations recently Department to report on its efforts to degree. The hard work that drove released the report of an independent assess and disseminate best practices George to succeed was prevalent in his task force chaired by former Senator and its plans for improving the coordi- son Clay. Warren B. Rudman. The title of this re- nation and sharing of such informa- Clay graduated from Tascosa High in port says it all: ‘‘Emergency Respond- tion. This amendment was designed to Amarillo, TX where after he went on to ers: Drastically Underfunded, Dan- prompt the Department into action so receive his undergraduate degree in fi- gerously Unprepared.’’ I supported Sen- that all of us can reap the benefits of nance from Texas Tech University at ator BYRD and others in trying to ad- shared best practices. I am pleased that Lubbock. Immediately following his dress the drastic underfunding of our the Senate adopted this amendment. graduation from college, Clay moved to first responders pointed out in the Rud- I am also concerned that in our hasty Austin to attend the University of man Report and am disappointed that efforts to protect the homeland we may Texas Law School where he met and we in the Senate were unable to do be sacrificing some of our civil lib- married his lovely wife Alisa. more. erties. One item of particular concern After a short stint in Amarillo, Clay I point out to my colleagues that I do to me is the use of data-mining by the and Alisa moved to Washington, DC, not take lightly my decision to vote in Department of Homeland Security. where Clay began his political career favor of spending more money. Fiscal Such programs give the Government working as a legislative assistant for a responsibility is one of my highest pri- the ability to peer into virtually every newly elected Representative from orities and I constantly look for ways facet of an individual’s life, including Texas, MAC THORNBERRY. While work- to limit government spending. I am credit card use, bank statements, ing in the House of Representatives, honored that the Concord Coalition health records, and on and on. Congress Clay spent a great deal of time working and others have recognized me for my must make sure that civil liberties are with energy policy. He worked in all efforts in this regard. Although fiscal being protected and so must carefully aspects of energy legislation and responsibility remains one of my high- monitor Government entities that may played a key role in formulating and est priorities, the fight against ter- try to use data-mining technology. I drafting the legislation which set up rorism is also a high priority. I regret am pleased that the Senate adopted my the National Nuclear Security Agency, that the Republican budget resolution amendment requiring the Comptroller NNSA. This experience made Clay a did not provide adequate funding for General to conduct a review and report prime candidate for the position he homeland security, choosing instead to to Congress on the development and would eventually assume upon his place tax cuts as its highest priority. I use of data-mining by the Department move to the Senate. Clay’s work in the agree with the distinguished Senators of Homeland Security. House of Representatives prepared him from Connecticut and Michigan that I will vote for this bill. This legisla- a great deal for his new job, but his we ought to pay for increased funding tion includes many good elements, new position required a greater under- in this bill by reviewing tax breaks for such as the funds available for first re- standing of national energy policy. those making over a million dollars. sponders. However, I must also express Over the past 4 years, I have gotten This is a reasonable way to approach my disappointment that funding for to know Clay and his wonderful family the current underfunding of this top homeland security, one of our highest very well. Alisa and their two sons, priority. priorities, is being forced to play sec- Jack and Robert, have been Clay’s sta- I would like to draw attention to the ond fiddle to tax cuts. This is unaccept- bilizing force. With another child on fact that local first responders, emer- able and I hope we in Congress will the way, that force will no doubt grow gency preparedness professional asso- soon rectify this situation. even stronger. ciations, and others have responded to f It has been my privilege to know and the tragic events of 9/11 by re-exam- work with Mr. Clay Sell, but my words HONORING CLAY SELL ining emergency response procedures, today are bittersweet. I do not feel compiling lessons learned, and devel- Mr. DOMENICI. Mr. President, I rise that words alone can properly show my oping new and innovative practices to to honor a remarkable and talented admiration for all that Clay has done best deal with possible terrorist at- young man who will be sorely missed for me, but I am confident that he un- tacks. Unfortunately, the Rudman Re- as he moves to the administration to derstands how greatly he will be port found that ‘‘(T)he task Force become the special assistant on energy missed. found insufficient national coordina- to the President of the United States. f tion of efforts to systematically cap- Clay Sell has been working for me as ture and disseminate best practices for chief clerk for the Senate Appropria- VOTE EXPLANATION emergency responders.’’ First respond- tions Subcommittee on Energy and Mr. DAYTON. Mr. President, yester- ers in Wisconsin back up this finding. Water Development for the past 4 years day, I was absent from the Senate, at- The Department of Homeland Secu- and while I am extremely proud of his tending the funeral of Kenneth N. Day- rity is supposed to be gathering and accomplishments, I am sad to see him ton, my uncle. If I had been present, I disseminating first responder best go. would have voted ‘‘aye’’ on the motion practices to all relevant parties. I am When Clay first came to the Senate, to waive the Budget Act for Senator concerned that they are not adequately he impressed us all with his quick up- DODD’s amendment No. 1363, rollcall fulfilling their responsibility in this take of his new position and we were vote No. 299. I also would have voted area. I understand that the newly pleasantly surprised with his negotia- ‘‘aye’’ on the motion to waive the formed Department of Homeland Secu- tion skills. It has been said of Clay Budget Act for Senator SPECTER’s rity has many important responsibil- that even when he negotiated a victory amendment No. 1368, rollcall vote No. ities and is being pulled in many dif- for his position, all parties involved 301. ferent directions. I am concerned, how- left the negotiation table happy. His f ever, that the Department is wasting keen understanding of people and his an important opportunity to increase genuine attitude are just a few of the MARTIN BAILEY PIERCE the efficiency of our first responders. great personality traits that Clay pos- Mr. SESSIONS. Mr. President, it is The Rudman Report recommends es- sesses. with a tremendous amount of pride tablishing a national institute to col- Clay’s hard work and dedication that I take to the floor today to dis- lect and disseminate best practices for began at an early age. Growing up in cuss the accomplishments of one of first responders. This would ‘‘allow all greater West Texas, he learned the Alabama’s native sons, 2LT Martin emergency responders to learn from value of hard work and perseverance. Bailey Pierce. This remarkable young

VerDate Jan 31 2003 03:24 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.071 S25PT1 S9956 CONGRESSIONAL RECORD — SENATE July 25, 2003 man has achieved a truly auspicious doing so, he has come to exemplify the ADDITIONAL STATEMENTS honor: he has been named the valedic- West Point’s mission ‘‘to educate, torian of West Point’s class of 2003. In train, and inspire the Corps of Cadets both word and deed, this is a young so that each graduate is a commis- LOCAL LAW ENFORCEMENT ACT man who truly has lived up to the sioned leader of character committed OF 2003 Army’s challenge to ‘‘be all that you to the values of Duty, Honor, Country; ∑ Mr. SMITH. Mr. President, I rise can be.’’ professional growth throughout a ca- today to speak about the need for hate When the selection committee I have reer as an officer in the United States crimes legislation. On May 1, 2003, Sen- established to review potential service Army; and a lifetime of selfless service ator KENNEDY and I introduced the academy nominations forwarded Mar- to the nation.’’ I am proud he is an Ala- Local Law Enforcement Enhancement tin Pierce’s name to me, I knew that bamian, and proud to know that he will Act, a bill that would add new cat- he had the potential to be a fine selec- continue and add to our State’s re- egories to current hate crimes law, tion. After all, he had been the 1999 val- markable record of producing out- sending a signal that violence of any edictorian at UMS-Wright, formerly standing cadets and soldiers. I con- kind is unacceptable in our society. known as University Military School, gratulate 2LT Pierce for his accom- I would like to describe a terrible which is a prestigious school in Mobile, plishments, and look forward to what I crime that occurred in Reedley, CA. On AL. Additionally, he had the full sup- am sure will be a career that will make September 21, 2001, Abdo Ali Ahmed port of his two loving parents, Bailey all members of the long gray line was killed after receiving a death and Susann, who had obviously in- proud. threat and a hate note deriding his eth- stilled a sense of duty, honor and com- f nicity. Ahmed was a 51-year-old Yem- mitment in their son. There was little eni shopkeeper and father of eight. Be- doubt in my mind that the traits 2LT LAO-HMONG DAY OF RECOGNITION fore his murder, Ahmed had lived in Pierce had exhibited up to that point Mr. KOHL. Mr. President, I rise California for 35 years. in time would serve him well at West I believe that Government’s first Point. today on National Lao-Hmong Rec- ognition Day to commemorate those duty is to defend its citizens, to defend However, the same could be said of them against the harms that come out most of the 846 cadets who graduated who served alongside the United States to protect democracy in Southeast of hate. The Local Law Enforcement alongside Martin in the class of 2003. Enhancement Act is a symbol that can The service academy’s attract a special Asia. Since 1995, the day of July 22nd has been celebrated as the Nation’s of- become substance. I believe that by kind of applicant, and those that are passing this legislation and changing accepted tend to be individuals of great ficial day recognizing the commitment and sacrifice of the Lao-Hmong people. current law, we can change hearts and capabilities. Therefore when someone minds as well.∑ achieves the kind of academic success Beginning in the 1960s the United that 2LT Pierce has, there is a special States recruited thousands of the Lao- f satisfaction that he has done so while Hmong citizens to fight against the Communist North Vietnamese Army. HONORING THE OWYHEE CATTLE- placed among the best and brightest. MEN’S ASSOCIATION ON ITS I would like to take a few moments The United States relied heavily on 125TH ANNIVERSARY to place Mr. Pierce’s West Point record support from the Lao-Hmong units to in perspective. He become valedic- engage in direct combat with the ad- ∑ Mr. CRAPO. Mr. President, I rise torian by posting a GPA of 4.086 in the versary from 1960 to 1975. Although today to offer congratulations to the field of electrical/chemical engineer- heavily outnumbered, the Lao-Hmong Owyhee Cattlemen’s Association on its ing, and he was a dean’s list member courageously battled to disrupt supply 125th year celebration. This makes this throughout his time at the academy. flows which ran along the Ho Chi Minh organization the oldest cattle group in He also was one of only 144 recipients Trail. my home State of Idaho. From the of the Gold Star and Wreath. This In the name of democracy, the Lao- original Owyhee Cattle and Horse honor required Martin to achieve dis- Hmong protected U.S. personnel, de- Growers Association, which formed in tinguished cadet status and to also be- fended U.S. Air Force radar installa- 1878 to protect livestock from rustlers come a Superintendent’s Individual tions, collected critical intelligence and Indians, to the association’s Award winner. In order to qualify for about enemy operations, and under- present influential position on prop- the God Star, Martin had to not only took rescue missions to save the lives erty rights, water rights, and grazing maintain a GPA of 3.67 or greater, but of downed U.S. pilots. In doing so, the matters, it has been an effectively in- he also had to excel in West Point’s Lao-Hmong lost more than 35,000 lives volved force in Idaho. academic, military and physical pro- and many more were seriously injured The Owyhee Cattlemen’s Association grams. and disabled. has benefited from a long line of top- And excel in these programs he did. Decades of war separated the Lao- notch leaders, and it continues to be In addition to his exceptional work in Hmong from their native land. Now the instrumental in representing the cattle the classroom, 2LT Pierce was a 4 year Lao-Hmong in these United States can industry in a variety of issue areas in- member of the Army’s Black Knights call America their home. The great cluding rangeland monitoring, species football team, where he lettered as an State of Wisconsin has over many issues, and environmental concerns. outside linebacker. HIs accomplish- years become a population center for These are all far different from cattle ments on the field and in the classroom the Lao-Hmong community. Now citi- rustling activities, but perhaps similar also led him to be recognized nation- zens of the United States, the Lao- in economic effects on the cattle indus- ally when he was awarded the Home Hmong contribute richly to our Wis- try. Depot Scholar Athlete Award during consin communities. The association has also played a the December 7, 2002 telecast of the On July 22, 1995, the first National leading and pioneering role in negoti- Army/Navy game. Lao-Hmong Recognition Day was cele- ating agreements and initiatives that If these achievements, weren’t brated in Denver, CO. This year, in my work towards the future viability and enough, Martin saved his best for last. home State of Wisconsin, the city of profitability of the entire grazing com- On June 1, 2LT Pierce married the Milwaukee has been chosen to host the munity. I particularly appreciate that former Michelle Ann Czyz in a cere- 2003 celebration. The purpose of cele- it has recognized the strength of col- mony in West Point, NY. Who knows? brating this historic day is to memori- laborative efforts in dealing with the Perhaps this union foreshadows an- alize the departed and to honor the liv- multiple interest groups that are be- other valedictorian in a future West ing for their valor in defense of free- coming stakeholders and hopefully Point class. dom and democracy. While acknowl- partners in public land stewardship. And so 2LT Martin Bailey Pierce has edging and respecting the commitment The past strength and resolve of the left a mark upon the U.S. Military the Lao-Hmong people gave the United Owyhee Cattleman’s Association has Academy as indelible as the mark the States during the Vietnam War, we are served the cattle industry well, and service academy has left on him. In honored to celebrate their lives today. will continue to ensure its place at the

VerDate Jan 31 2003 03:24 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.034 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9957 discussions of future issues, as we ad- five times as great as it was before Title IX; Kentucky relative to a constitutional vance into the next 100 years of public and amendment allowing the exercise of religion land grazing. Whereas, while sports are the most visible in public places; to the Committee on the Ju- benefit of Title IX, women’s gains in college- diciary. Once again, my congratulations to level academics have been substantial; and JOINT RESOLUTION the Owyhee Cattlemen’s Association Whereas, Title IX’s antidiscrimination pro- Whereas, the Ten Commandments appear visions apply to every single aspect of edu- and its members as it marks a mile- over the bench where the United States Su- stone anniversary. It has an unprece- cation, including admissions and recruit- preme Court Justices sit, thus showing the dented history of accomplishments in ment, comparable facilities, access to course source from whence our laws and the govern- the cattle industry. I send my very offerings, access to schools of vocational ment power of the state are derived; and education, counseling and counseling mate- best wishes for its continued success in Whereas, America’s colonial governments rials, financial assistance, student health adopted the Ten Commandments not as an serving the Owyhee County constituent and insurance benefits and services, housing, ∑ object of worship or an icon, but as the basis base and the entire Nation. marital and parental status of students, for their civil and criminal law, as illus- f physical education and athletics, education trated on April 3, 1644, when the New Haven programs and activities, and employment, Colony Charter was adopted establishing MESSAGE FROM THE HOUSE providing a fair and equal benefit for a gen- that: ‘‘the judicial laws of God, as they were eration of women; and At 11:30 a.m., a message from the delivered to Moses be a rule to all courts in Whereas, girls and women who attended this jurisdiction’’; and House of Representatives, delivered by schools prior to Title IX experienced sex-seg- Whereas, when signing the Declaration of Ms. Niland, one of its reading clerks, regated classes, denial of admissions to cer- Independence on August 2, 1776, Samuel announced that the House has passed tain vocational education classes, lack of ac- Adams, the ‘‘Father of the Revolution’’ em- the following bills in which it requests cess to advanced mathematics and science phasized its Biblical presuppositions: ‘‘We the concurrence of the Senate: courses, and overt discrimination in medical have this day restored the Sovereign to schools and other predominantly male insti- whom all men ought to be obedient. He H.R. 2210. An act to authorize the Head tutions; and reigns in heaven and from the rising to the Start Act to improve the school readiness of Whereas, after Title IX women in post-sec- setting of the sun, let His kingdom come’’; disadvantaged children, and for other pur- ondary education shot up dramatically, ris- and poses. ing from forty-four percent of all under- Whereas, on August 20, 1789, Congressman H.R. 2427. An act to reauthorize the Sec- graduates in 1972 to fifty-six percent of all Fisher Ames from Massachusetts proposed retary of Health and Human Services to pro- undergraduates today; and the wording of the First Amendment which mulgate regulations for the reimportation of Whereas, since the inception of Title IX, was adopted by the House of Representatives prescription drugs, and for other purposes. the amount of scholarship money for women in the first session of the Congress of the f has increased from $100,000 in 1972 to $179 United States; and his writings clearly dem- million in 1997; and onstrate that the Framers never intended MEASURES REFERRED Whereas, women made significant jumps in the First Amendment to be so interpreted as areas traditionally thought of as male, such The following bills were read the first to remove the Bible from the public build- as engineering, medicine, and law: in 1970 ings: ‘‘We are spending less time in the class- and the second times by unanimous women earned 0.7 percent of bachelor’s de- room on the Bible which should be the prin- consent, and referred as indicated: grees in engineering while today women earn cipal text in our schools . . .’’; and H.R. 2210. An act to reauthorize the Head 20 percent of these degrees; and in 1972, Whereas, in a letter dated August 18, 1790, Start Act to improve the school readiness of women received only 9 percent of all medical President George Washington wrote to the disadvantaged children, and for other pur- degrees and 7 percent of all law degrees, Hebrew Congregation in Newport, Rhode Is- poses; to the Committee on Health, Edu- whereas in 1996, women received 41 percent of land, ‘‘All possess alike liberty if conscience cation, Labor, and Pensions. all medical degrees and 44 percent of all law and immunities of citizenship . . . May the H.R. 2427. An act to authorize the Sec- degrees, and children of the stock of Abraham, who dwell retary of Health and Human Services to pro- Whereas, Title IX has also benefited men in this land, continue to merit and enjoy the mulgate regulations for the reimportation of and boys by eliminating the barriers and good will of the other inhabitants; while prescription drugs, and for other purposes; to stereotypes that limit the opportunities and every one shall sit in safety under his own the Committee on Health, Education, Labor, choices of both sexes; and vine and fig tree, and there shall be none to and Pensions. Whereas, the Bush administration has con- make him afraid’’; and vened a Commission on Opportunity in Ath- Whereas, in his ‘‘Farewell Address of Sep- f letics to consider changes to Title IX; and tember 19, 1796, George Washington pointed Whereas, this controversial commission out the connection between the faith of the PETITIONS AND MEMORIALS has made recommendations that would seri- Nation and its political prosperity when he The following petitions and memo- ously dilute the power of Title IX; and declared. ‘‘Of all the dispositions and habits rials were laid before the Senate and Whereas, proponents of Title IX charge which lead to political prosperity, religion that the commission is an attempt to weak- were referred or ordered to lie on the and morality are indispensable supports en the law after repeated court challenges . . .’’, and table as indicated: over the past thirty years have failed; and Whereas, acknowledging the Bible as an in- POM–242. A concurrent resolution adopted Whereas, Title IX is an Act of Congress and tegral part of the fabric of our society on by the House of Representatives of the Legis- should not be subject to modification by an September 11, 1777, the Continental Congress lature of the State of Hawaii relative to executive branch commission; and adopted a resolution to import 20,000 Bibles Title IX; to the Committee on Health, Edu- Whereas, the people of Hawaii have experi- from Holland and Scotland, as the colonies cation, Labor, and Pensions. enced the great benefits of Title IX, the were at war with England; and Patsy Takemoto Mink Equal Opportunity in HOUSE CONCURRENT RESOLUTION NO. 31 Whereas, On May 29, 1845, the day before Education Act, and strongly support its full his death, President Andrew Jackson stated: Whereas, Title IX, recently renamed the implementation: Now, therefore, be it ‘‘My lamp of life is nearly out, and the last Patsy Takemoto Mink Equal Opportunity in Resolved by the House of Representatives of glimmer has come. I am ready to depart Education Act, was adopted in 1972 to pro- the Twenty-second Legislature of the State of when called. The Bible is true. The principles hibit gender discrimination in programs that Hawaii, Regular Session of 2003, the Senate con- and statutes of the Holy Book have been the receive federal funds; and curring, That the State of Hawaii urges Con- rule of my life, and I have tried to conform Whereas, Title IX’s impact on athletics has gress to maintain Title IX, the Patsy to its spirit as nearly as possible. Upon that led to a vast increase in girls’ participation Takemoto Mink Equal Opportunity in Edu- scared volume I rest my hope for eternal sal- in high school athletics, college athletics, cation Act, in its original form and to take vation through the merits and blood of our and women’s professional athletics; and a firm stand opposing any recommendations blessed Lord and Savior Jesus Christ’’; and Whereas, in 1972, fewer than thirty-two that would weaken it; and be it further Whereas, President John Quincy Adams, thousand women competed in intercollegiate Resolved, That certified copies of this Con- the sixth President of the United States, athletics, women received only two percent current Resolution be transmitted to the wrote concerning the civil function of the of schools’ athletic budgets, and athletic President of the United States, the Sec- Mosaic law. ‘‘The law given from Sinai was a scholarships for women were nonexistent; retary of Education of the United States, civil and municipal as well as a moral and and President of the Senate of the United States religious code: It contained many statutes Whereas, today, thanks to the doors Congress, the Speaker of the House of Rep- . . . of universal application—laws essential opened by Title IX, high school female sports resentatives of the United States Congress, to the existence of men in society and most participation has increased eight hundred and the members of Hawaii’s congressional of which have been enacted by every nation percent, from three hundred thousand in 1971 delegation. which ever professed any code of laws’’; and to 2,800,000 in 2002; and Whereas, in a June, 1778 letter to her son, Whereas, the number of college women par- POM–243. A joint resolution adopted by the John Quincy Adams, Abigail Adams rein- ticipating in competitive athletics is nearly General Assembly of the Commonwealth of forced noble values and a sense of ultimate

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accountability to God which she believed to Bible offers moving testimony to His love for HOUSE CONCURRENT RESOLUTION NO. 76 be the foundation of true greatness: ‘‘Great mankind. Treasuring the Bible as a source of Whereas, on February 11, 2003, Representa- learning and superior abilities, should you knowledge and inspiration, President Abra- tive Neil Abercrombie, along with other ever possess them, will be of little value and ham Lincoln called this Great Book ‘the best members, introduced H.R. 664 in the United small estimation, unless virtue, honor, gift God has given to man.’ President Lin- States House of Representatives, which bill truth, and integrity are added to them. Ad- coln believed that the Bible not only reveals was then referred to the Committee on Vet- here to those religious sentiments and prin- the infinite goodness of our Creator, but also erans’ Affairs; and ciples which were early instilled into your reminds us of our worth as individuals and Whereas, H.R. 664 proposes to amend title mind, and remember that you are account- our responsibilities toward one another’’; 38 of the United States Code, to improve ben- able to your Maker for all your words and and efits for Filipino veterans of World War II actions’’; and Whereas, the First Amendment in the Bill and for the surviving spouses of those vet- Whereas, on February 29, 1892, the United of Rights states, ‘‘Congress shall make no erans; and States Supreme Court, in a unanimous deci- law respecting an establishment of religion, Whereas, H.R. 664 would mandate the Sec- sion, which has never been overruled, cited or prohibiting the free exercise thereof; or retary of Veterans Affairs to provide hos- sixty-six organic authorities which show the abridging the freedom of speech, or of the pital and nursing home care and medical Bible’s singular influence on America: press; or the right of the people peacefully to services for service-connected disabilities for ‘‘There is no dissonance in these declara- assemble, and to petition the Government any Filipino World War II veteran who re- tions. There is a universal language per- for a redress of grievances’’; and sides in the United States and is a United vading them all having one meaning: they Whereas, recent court rulings have pre- States citizen or lawful permanent resident affirm and reaffirm that this is a religious vented the displaying of the Ten Command- alien; and nation. These are not individual sayings, ments and have been the cause of the re- Whereas, H.R. 664 would further increase declarations of private persons; they are or- moval of these documents from public build- the rate of payment of dependency and in- ganic utterances; they speak the voice of the ings; and demnity compensation of surviving spouses entire group. These authorities were col- Whereas, eighty percent of the people are of certain Filipino veterans; and lected to support the historical conclusion in favor of displaying the Ten Command- Whereas, H.R. 664 would also increase the that ‘no purpose of action against religion ments in public places; and rate of payment of compensation benefits can be imputed to any legislation, state or Whereas, the General Assembly finds the and burial benefits to certain Filipino vet- nation, because this is a religious people. Ten Commandments to be the precedent erans designated in title 38 United States This is historically true. From the discovery legal code of the Commonwealth which has Code section 107(b) and referred to as New of this continent to the present hour, there provided the foundation for many of the civil Philippine Scouts: Now, therefore, be it is a single voice making this affirmation . . . and criminal statutes enacted into law Resolved by the House of Representatives of we find everywhere a clear recognition of the throughout the history of the Common- the Twenty-second Legislature of the State of same truth . . . this is a Christian nation’’’; wealth; and Hawaii, Regular Session of 2003, the Senate con- and Whereas, under Article V of the Constitu- curring, That the United States Congress is Whereas, on May 7, 1911, President Wood- tion of the United States, Amendments to respectfully urged to support the passage of row Wilson, addressing the Tercentenary said Constitution may be proposed by the H.R. 664, to improve benefits for Filipino vet- Celebration of the Translation of the Bible United States Congress whenever two-thirds erans of World War II and the surviving into the English language, stated, ‘‘More- of both chambers deem it necessary: Now, spouses of those veterans; and be it further over, the Bible does what is so invaluable in therefore, be it Resolved, That certified copies of this Con- human life—it classifies moral values. It ap- Resolved by the General Assembly of the Com- current Resolution be transmitted to the prises us that men are not judged according monwealth of Kentucky: President of the United States Senate, the to their wits, but according to their char- Section 1. The General Assembly of the Speaker of the United States House of Rep- acters—that the last of every man’s reputa- Commonwealth of Kentucky, a majority of resentatives, the members of Hawaii’s con- tion is his truthfulness, his squaring his con- all members of the chambers voting sepa- gressional delegation, and the Secretary of duct with the standards that he knew to be rately to concur herein, hereby petitions the Veterans Affairs. the standards of purity and rectitude. How United States Congress to propose an many a man we appraise, ladies and gentle- Amendment to the Constitution of the POM–246. A concurrent resolution adopted men, as great today whom we do not admire United States, for submission to the several by the Legislature of the State of Hawaii rel- as noble! A man may have great power and States for ratification, to allow the people of ative to improving benefits for Filipino vet- small character’’; and ‘‘The bible has had a the United States and the several States the erans for World War II; to the Committee on critical impact upon the development of freedom to exercise their religion in public Veterans’ Affairs. Western civilization. Western literature, art places. HOUSE CONCURRENT RESOLUTION NO. 77 and music are filled with images and ideas Section 2. The text of the proposed Amend- Whereas, on January 7, 2003, Senator Dan- that can be traced to its pages. More impor- ment to the Constitution of the United iel K. Inouye introduced S. 68 in the United tant, our moral tradition has been shaped by States should read substantially as follows: States Senate, which bill was read twice and the laws and teachings it contains. It was a ‘‘Nothing in the Constitution shall be con- then referred to the Committee on Veterans’ biblical view of man—one affirming the dig- strued to prohibit or otherwise limit the Affairs; and nity and worth of the human person, made in practice of individual or group prayer, the Whereas, S. 68 proposes to amend title 38 of the image of our Creator—that inspired the reading of the posting of the Ten Command- the United States Code, to improve benefits principles upon which the United States is ments, the recital of the Pledge of Alle- for Filipino veterans of World War II and for founded. President Jackson called the Bible giance, and the display of the motto ‘In God the surviving spouses of those veterans; and ‘the rock on which our republic rests’ be- We Trust’ or similar phrases from historical Whereas, S. 68 would increase the rate of cause he knew that it shaped the Founding documents referencing God in any public payment of compensation benefits to certain Fathers’ concept of individual liberty and place, including a school; nor shall it require Filipino veterans, designated in title 38 their vision of a free and just society. The any person to join in prayer or other reli- United States Code section 107(b) and re- Bible has not only influenced the develop- gious activity.’’ ferred to as New Philippine Scouts, who re- ment of our Nation’s values and institutions, Section 3. Certified copies of this joint res- side in the United States and are United but also enriched the daily lives of millions olution shall be transmitted by the Sec- States citizens or lawful permanent resident of men and women who have looked to it for retary of State to the Administrator of Gen- aliens; and comfort, hope and guidance. On the Amer- eral Services of the United States, to the Whereas, S. 68 would further increase the ican frontier, the Bible was often the only President of the United States Senate, to the rate of payment of dependency and indem- book a family owned. For those pioneers liv- Speaker of the House of Representatives of nity compensation of surviving spouses of ing far from any church or school, it served the United States, to each member of the certain Filipino veterans; and both as a source of religious instruction and Commonwealth’s delegation to the Congress Whereas, S. 68 would further make eligible as the primary text from which children of the United States, and to the presiding of- for full disability pensions certain Filipino learned to read. The historical speeches of ficer of each house of each state legislature veterans who reside in the United States and Abraham Lincoln and Dr. Martin Luther of the several States. are United States citizens or lawful perma- King, Jr., provide compelling evidence of the nent resident aliens; and role Scripture played in shaping the struggle POM–244. A resolution adopted by the Whereas, S. 68 would further mandate the against slavery and discrimination. Today Evanston City Council of Cook County of the Secretary of Veterans Affairs to provide hos- the Bible continues to give courage and di- State of Illinois relative to a repeal of the pital and nursing home care and medical rection to those who seek truth and right- USA Patriot Act; to the Committee on the services for service-connected disabilities for eousness. In recognizing its enduring value, Judiciary. any Filipino World War II veteran who re- we recall the words of the prophet Isaiah, POM–245. A concurrent resolution adopted sides in the United States and is a United who declared ‘The grass withereth, the flow- by the Legislature of the State of Hawaii rel- States citizen or lawful permanent resident er fadeth; but the word of our God shall ative to improving benefits for Filipino Vet- alien; and stand forever.’ Containing revelations of erans of World War II; to the Committee on Whereas, S. 68 would further require the God’s intervention in human history, the Veterans’ Affairs. Secretary of Veterans Affairs to furnish care

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and services to all Filipino World War II vet- By Mr. MCCAIN (for himself, Mr. tax credit and on tax relief for military per- erans for service-connected disabilities and DASCHLE, and Mr. JOHNSON): sonnel; to the Committee on Finance. nonservice-connected disabilities residing in S. 1459. A bill to provide for reform of man- By Mr. SESSIONS (for himself, Mr. the Republic of the Philippines on an out- agement of Indian trust funds and assets REID, Mr. SHELBY, Mr. KERRY, Mr. patient basis at the Manila VA Outpatient under the jurisdiction of the Department of BROWNBACK, Ms. CANTWELL, Mr. Clinc; Now therefore, be it the Interior, and for other purposes; to the HATCH, Mrs. BOXER, Ms. COLLINS, Mr. Resolved by the House of Representatives of Committee on Indian Affairs. LIEBERMAN, Mr. INHOFE, Mr. BREAUX, the Twenty-second Legislature of the State of By Mr. KENNEDY (for himself, Ms. Mr. DEWINE, Mrs. LINCOLN, Mr. Hawaii, Regular Session of 2003, the Senate con- SNOWE, Mr. REED, and Mr. BINGA- CRAIG, Mr. MILLER, Ms. SNOWE, Mr. curring, That the United States Congress is MAN): BAYH, Mr. CRAPO, Mr. DOMENICI, Mr. respectfully urged to support the passage of S. 1460. A bill to amend the Federal Food, ROBERTS, Mr. NELSON of Florida, Mr. S. 68 to improve benefits for certain Filipino Drug, and Cosmetic Act to preserve the ef- GRASSLEY, Mr. DODD, Mr. SMITH, Mr. veterans of World War II; and be it further fectiveness of medically important anti- DURBIN, Mr. BUNNING, Mrs. FEIN- Resolved, That certified copies of this Con- biotics used in the treatment of human and STEIN, Mr. HAGEL, Ms. MIKULSKI, Mr. current Resolution be transmitted to the animal diseases; to the Committee on VOINOVICH, Mr. EDWARDS, Mr. CAMP- President of the United States Senate, the Health, Education, Labor, and Pensions. BELL, Mr. INOUYE, Mr. FEINGOLD, Mr. Speaker of the United States House of Rep- By Mr. MCCAIN: SCHUMER, Ms. LANDRIEU, Mr. DORGAN, resentatives, the members of the Hawaii con- S. 1461. A bill to establish two new cat- Mr. LAUTENBERG, Ms. STABENOW, and gressional delegation, and the Secretary of egories of nonimmigrant workers, and for Mrs. CLINTON): Veterans Affairs. other purposes; to the Committee on the Ju- S. Res. 201. A resolution designating the f diciary. month of September 2003 as ‘‘National Pros- By Mr. CHAMBLISS (for himself and tate Cancer Awareness Month’’; considered REPORTS OF COMMITTEES Mr. MILLER): and agreed to. The following reports of committees S. 1462. A bill to adjust the boundary of the By Mr. LOTT: S. Con. Res. 61. A concurrent resolution au- were submitted: Cumberland Island Wilderness, to authorize tours of the Cumberland Island National thorizing and requesting the President to By Ms. COLLINS, from the Committee on Seashore, and for other purposes; to the issue a proclamation to commemorate the Governmental Affairs, with an amendment Committee on Energy and Natural Re- 200th anniversary of the birth of Constantino in the nature of a substitute: sources. Brumidi; to the Committee on the Judiciary. S. 678. A bill to amend chapter 10 of title By Mrs. CLINTON: By Mr. DASCHLE (for himself, Mr. 39, United States Code, to include post- S. 1463. A bill to amend the Magnuson-Ste- HAGEL, and Mr. LEVIN): masters and postmasters organizations in vens Fishery Conservation and Management S. Con. Res. 62. A concurrent resolution the process for the development and plan- Act to add New York to the New England honoring the service and sacrifice of Korean ning of certain policies, schedules, and pro- Fishery Management Council; to the Com- War veterans; considered and agreed to. grams, and for other purposes (Rept. No. 108– mittee on Commerce, Science, and Transpor- f 112). tation. By Mr. LUGAR, from the Committee on ADDITIONAL COSPONSORS By Mr. HAGEL (for himself and Mr. Foreign Relations, with amendments and an DORGAN): S. 794 amendment to the title and with an amended S. 1464. A bill to amend the Internal Rev- At the request of Mr. DURBIN, the preamble: H. Con. Res. 209. A concurrent resolution enue Code of 1986 to provide an exclusion for name of the Senator from Washington commending the signing of the United gain from the sale of farmland to encourage (Ms. CANTWELL) was added as a cospon- States-Adriatic Charter, a charter of part- the continued use of the property for farm- sor of S. 794, a bill to amend title 49, nership among the United States, Albania, ing, and for other purposes; to the Com- United States Code, to improve the Croatia, and Macedonia. mittee on Finance. system for enhancing automobile fuel By Mr. FRIST (for himself and Mr. AL- By Mr. LUGAR, from the Committee on efficiency, and for other purposes. Foreign Relations, with amendments and EXANDER): S. 874 with an amended preamble: S. 1465. A bill to authorize the President to S. Res. 184. A resolution calling on the award a gold medal on behalf of Congress At the request of Mr. TALENT, the Government of the People’s Republic of honoring Wilma G. Rudolph, in recognition names of the Senator from Idaho (Mr. China immediately and unconditionally to of her enduring contributions to humanity CRAPO), the Senator from Idaho (Mr. release Dr. Yang Jianli, and for other pur- and women’s athletics in the United States CRAIG), the Senator from Nebraska poses. and the world; to the Committee on Bank- (Mr. HAGEL), the Senator from Penn- ing, Housing, and Urban Affairs. sylvania (Mr. SPECTER), the Senator f By Ms. MURKOWSKI: from Pennsylvania (Mr. SANTORUM) and INTRODUCTION OF BILLS AND S. 1466. A bill to facilitate the transfer of the Senator from Texas (Mr. CORNYN) JOINT RESOLUTIONS land in the State of Alaska, and for other purposes; to the Committee on Energy and were added as cosponsors of S. 874, a The following bills and joint resolu- Natural Resources. bill to amend title XIX of the Social tions were introduced, read the first By Mr. CAMPBELL: Security Act to include primary and and second times by unanimous con- S. 1467. A bill to establish the Rio Grande secondary preventative medical strate- sent, and referred as indicated: Outstanding Natural Area in the State of gies for children and adults with Sickle By Ms. CANTWELL: Colorado, and for other purposes; to the Cell Disease as medical assistance S. 1455. A bill to regulate international Committee on Energy and Natural Re- under the medicaid program, and for sources. marriage broker activity in the United other purposes. States, to provide for certain protections for By Mrs. CLINTON (for herself and Mr. S. 1037 individuals who utilize services of inter- JOHNSON): national marriage brokers, and for other S. 1468. A bill to amend title 4, United At the request of Ms. SNOWE, the services; to the Committee on the Judiciary. States Code, to add National Korean War name of the Senator from Vermont By Mr. BREAUX: Veterans Armistice Day to the list of days (Mr. JEFFORDS) was added as a cospon- S. 1456. A bill to amend the Public Health on which the flag should especially be dis- sor of S. 1037, a bill to amend title Service Act with respect to mental health played; to the Committee on the Judiciary. XVIII of the Social Security Act to services for elderly individuals; to the Com- f provide for coverage under the medi- mittee on Health, Education, Labor, and SUBMISSION OF CONCURRENT AND care program of all oral anticancer Pensions. drugs. By Mr. BUNNING (for himself and Mr. SENATE RESOLUTIONS S. 1283 ALLEN): The following concurrent resolutions S. 1457. A bill to amend the Internal Rev- At the request of Mr. GRAHAM of enue Code of 1986 to reduce the rate of tax on and Senate resolutions were read, and Florida, the name of the Senator from distilled spirits on its pre-1985 level; to the referred (or acted upon), as indicated: Illinois (Mr. DURBIN) was added as a co- Committee on Finance. By Mr. JOHNSON (for himself, Mr. sponsor of S. 1283, a bill to require ad- By Mr. NELSON of Florida: DASCHLE, Mrs. LINCOLN, Mr. BAUCUS, vance notification of Congress regard- S. 1458. A bill to amend the Gramm-Leach- Mr. KENNEDY, Mr. GRAHAM of Florida, ing any action proposed to be taken by Bliley Act to provide for enhanced protec- Ms. CANTWELL, Mr. CORZINE, and Mr. tion of nonpublic personal information, in- LEAHY): the Secretary of Veterans Affairs in cluding health information, and for other S. Res. 200. A resolution expressing the the implementation of the Capital purposes; to the Committee on Banking, sense of the Senate that Congress should Asset Realignment for Enhanced Serv- Housing, and Urban Affairs. adopt a conference agreement on the child ices initiative of the Department of

VerDate Jan 31 2003 03:24 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.050 S25PT1 S9960 CONGRESSIONAL RECORD — SENATE July 25, 2003 Veterans Affairs, and for other pur- S. 1455. A bill to regulate inter- she met through an IMB. Entries from poses. national marriage broker activity in Anastasia’s diary detail the abuse she S. 1374 the United States, to provide for cer- suffered and the fear she had of her At the request of Mr. DURBIN, the tain protections for individuals who husband who threatened her with death name of the Senator from Michigan utilize services of international mar- if she were to leave him. In December (Ms. STABENOW) was added as a cospon- riage brokers, and for other services; to 2000, Anastasia was found strangled to sor of S. 1374, a bill to provide health the Committee on the Judiciary. death and buried in a shallow grave in care professionals with immediate re- Ms. CANTWELL. I rise today to in- Washington. King’s accomplice later lief from increased medical mal- troduce the International Marriage told police that he strangled Anastasia practice insurance costs and to deal Broker Regulation Act of 2003. This with a necktie while King lay on her with the root causes of the current legislation will provide much needed chest to keep her from moving. At medical malpractice insurance crisis. protections for the thousands of for- trial, it was discovered that Indle King eign women who meet their American S. 1379 had previously married another woman husbands through for-profit Internet At the request of Mr. JOHNSON, the he met through an internet IMB, who sites and catalogs. name of the Senator from Delaware later got a domestic violence protec- While mail order bride catalogs may tion order against him before divorcing (Mr. BIDEN) was added as a cosponsor of seem like a relic from the past, the use him in 1997. It was also discovered that S. 1379, a bill to require the Secretary of marriage broker services has ex- he was seeking his third wife through of the Treasury to mint coins in com- ploded in recent years with the growth an IMB when he and his accomplice de- memoration of veterans who became of the Internet. While many of these veloped the plot to kill Anastasia. disabled for life while serving in the matches result in happy, long unions, Armed Forces of the United States. Unfortunately, there are similar ex- there is a growing epidemic of domes- amples across the country of women S. 1380 tic abuse among couples who meet via who have met their American spouses At the request of Mr. SMITH, the international marriage brokers. Immi- through an Internet IMB only to be se- names of the Senator from Pennsyl- grant and women’s advocacy groups riously injured or killed by an Amer- vania (Mr. SANTORUM) and the Senator across the country report seeing an in- ican spouse with a preexisting history from South Dakota (Mr. JOHNSON) were crease in the number of these wives added as cosponsors of S. 1380, a bill to of violence against women. seeking to escape a physically abusive My legislation is modeled on a distribute universal service support eq- husband they met through an IMB. In groundbreaking Washington State law, uitably throughout rural America, and several cases, the abuse has progressed the first State effort to regulate the for other purposes. to murder. international matchmaking industry. S. 1396 A 1999 study found there were over The Washington Legislature took ac- At the request of Ms. SNOWE, the 200 Internet sites marketing foreign tion on this important issue after the name of the Senator from Michigan women primarily from Eastern Europe Blackwell and King cases, and multiple (Mr. LEVIN) was added as a cosponsor of and Asia seeking American husbands. States are currently looking at enact- S. 1396, a bill to require equitable cov- Recent studies suggest that there are ing similar legislation. erage of prescription contraceptive now as many as 400 currently operating The primary goal of my legislation is drugs and devices, and contraceptive in this country. These sites feature pic- tures of hundreds of women who, ac- to better inform women entering this services under health plans. ´ cording to the Web sites, are looking to country as fiancees and prospective S. 1409 spouses about the past history of their At the request of Mrs. FEINSTEIN, the meet and marry an American man. The international marriage brokers oper- prospective spouse and to better inform name of the Senator from Minnesota them of their rights as residents of the (Mr. DAYTON) was added as a cosponsor ating these sites promise a wife with ‘‘traditional values,’’ who will honor United States if they become victims of S. 1409, a bill to provide funding for of domestic violence. infrastructure investment to restore her husband. Unfortunately, women meeting their The bill would first of all halt the the United States economy and to en- current practice of allowing Americans hance the security of transportation husbands in this manner frequently have little opportunity to get to know to simultaneously seek visas for mul- and environmental facilities through- tiple fianceés, by requiring that only out the United States. their prospective spouses or assess their potential for violence. They also one fianceé visa may be sought per ap- S. RES. 167 have little knowledge of their rights as plicant each year. Currently, multiple At the request of Mr. CAMPBELL, the victims of domestic violence in our request for fianceé visas can be simul- names of the Senator from Pennsyl- country even if they are not yet citi- taneously filed with the Bureau of Citi- vania (Mr. SPECTER) and the Senator zens or permanent residents. zenship and Immigration, and the from Nevada (Mr. ENSIGN) were added In my State of Washington alone American requesting the visa will sim- as cosponsors of S. Res. 167, a resolu- there have been three cases of serious ply choose to marry the first woman tion recognizing the 100th anniversary domestic violence including two mur- who is approved. of the founding of the Harley-Davidson ders of women who met their husbands Second, my bill would require that, Motor Company, which has been a sig- through an Internet-based inter- before an IMB may release the contact nificant part of the social, economic, national marriage broker. Susanna information of a foreign national cli- and cultural heritage of the United Blackwell met her husband through an ent, it must first obtain her consent to States and many other nations and a IMB and, in 1994, left her native Phil- the release of that information and sec- leading force for product and manufac- ippines to move to Washington to ond, provide her with information on turing innovation throughout the 20th marry him. During their short mar- the rights of victims of domestic vio- century. riage, Timothy Blackwell physically lence in this country in her own lan- AMENDMENT NO. 1379 abused his wife regularly. Within a few guage. At the request of Mr. BAYH, the name months, she had left him and begun di- Third, the IMB would be required to of the Senator from Delaware (Mr. vorce proceedings. The Blackwells had ask American clients to provide infor- BIDEN) was added as a cosponsor of been separated for more than a year mation on any previous arrest, convic- amendment No. 1379 proposed to H.R. when Timothy Blackwell learned Su- tion or court-ordered restriction relat- 2555, a bill making appropriations for sanna was eight months pregnant with ing to crimes of violence along with the Department of Homeland Security another man’s child. On the last day of their previous marital history. This infor the fiscal year ending September 30, the divorce proceedings, Timothy formation would also be made avail- 2004, and for other purposes. Blackwell shot and killed Susanna, her able to the foreign national. f unborn child, and two friends who were Finally, it would require a U.S. cit- waiting outside of the Seattle court- izen seeking a foreign fianceé visa to STATEMENTS ON INTRODUCED room. undergo a criminal background check, BILLS AND JOINT RESOLUTIONS In 1999, 18-year-old Anastasia a check that is already performed for By Ms. CANTWELL: Solovyova married Indle King, a man the fianceés entering the country

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.038 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9961 themselves. Information on convic- foreign women every year. Experts ‘‘SEC. 652. INTERNATIONAL MARRIAGE BROKERS. tions and civil orders would be relayed today put the number of IMBs at near- ‘‘(a) FINDINGS.—Congress finds the fol- to the visa applicant by the consular ly 500 worldwide. And based on the 1999 lowing: official along with information on statistics, there are between 20,000 and ‘‘(1) There is a substantial international their legal rights should they find 30,000 women who have entered the marriage broker business worldwide. A 1999 study by the Immigration and Naturaliza- themselves in an abusive relationship. U.S. using an IMB in the past 5 years. tion Service estimated that in 1999 there Currently, an American seeking to While there are a few IMBs aimed at fe- were at least 200 such companies operating marry someone through an IMB holds male clients, the overwhelming major- in the United States, and that as many as all of the cards. The American client ity of people who seek IMB services are 4,000 to 6,000 persons in the United States, al- has the benefit of a complete back- men. most all male, find foreign spouses through ground check on his future wife, a re- IMBs also are being used as a cover for-profit international marriage brokers quirement of the immigration process. for those seeking servants. That is each year. In addition, the IMBs provide clients what happened to Helen Clemente, a ‘‘(2) Aliens seeking to enter the United States to marry citizens of the United States extensive information about the Filipina brought to the U.S. by retired Seattle-area police officer Eldon Doty currently lack the ability to access and fully women they offer, everything from verify personal history information about their favorite movies and hobbies to and his wife, Sally. Eldon and Sally their prospective American spouses. whether they are sexually promis- Doty had divorced to allow Eldon to ‘‘(3) Persons applying for fiance´(e) visas to cuous. marry Helen Clemente. However, Eldon enter the United States are required to un- Conversely, the foreign fiance´e’ only and Sally Doty continued to live as dergo a criminal background information in- gets whatever information her future man and wife, forcing Helene Clemente vestigation prior to the issuance of a visa. spouse wants to share. These women to work as their servant. After 3 years, However, no corresponding requirement ex- ´ have no way of confirming what they Helen ran way. The Dotys have worked ists to inform those seeking fiance(e) visas of any history of violence by the prospective are told about previous marriages or with INS in exchange for de facto im- munity, while Helen Clemente con- United States spouse. relationships or the American client’s ‘‘(4) Many individuals entering the United criminal history. tinues to fight deportation. States on fiance´(e) visas for the purpose of Researchers describe the typical It is critical for legal immigrants to marrying a person in the United States are American client as Caucasian, edu- know that they don’t have to suffer unaware of United States laws regarding do- cated, professional, and financially se- abuse or work without pay to remain mestic violence, including protections for cure. More than half have been married in this country. The Violence Against immigrant victims of domestic violence, pro- once already and express a desire to Women Act provided some safeguards hibitions on involuntary servitude, protec- find a bride with more ‘‘traditional val- for these female immigrants, ensuring tions from automatic deportation, and the role of police and the courts in providing as- ues,’’ attitudes they feel are not held that in cases of abuse a woman’s immigration petition may proceed without sistance to victims of domestic violence. by many American women today. ‘‘(b) DEFINITIONS.—In this section: Most of the foreign brides advertised the sponsorship of her abuser. That important legislation provided protec- ‘‘(1) CLIENT.—The term ‘client’ means a by the IMBs come from countries United States citizen or legal permanent where women are oppressed, have a few tions for women who come here and resident who makes a payment or incurs a educational or professional opportuni- find themselves in abusive relation- debt in order to utilize the services of an ties, and where violence against women ships; however, more can and should be international marriage broker. is condoned, if not encouraged. Because done. ‘‘(2) CRIME OF VIOLENCE.—The term ‘crime of the cultural differences, researchers My legislation would give foreign of violence’ has the same meaning given the ´ term in section 16 of title 18, United States say there is an inherent imbalance of financees critical information they need to make an informed decision Code. power in these relationships between ‘‘(3) DOMESTIC VIOLENCE.—The term ‘do- American men and foreign women. about the person they are going to marry. It puts these foreign brides on mestic violence’ means any crime of vio- The men who seek these more tradi- lence, or other act forming the basis for past tional wives typically control the more equal footing with their Amer- or outstanding protective orders, restraining household finances and make basic ican grooms. orders, no-contact orders, convictions, ar- My legislation enjoys support from decisons like whether the wife will rests, or police reports, committed against a more than 80 organizations and advo- have a driver’s license, get a job or person by— cacy groups across the country, includ- spend time with friends. Because these ‘‘(A) a current or former spouse of the per- ing religious coalitions, laws firms, son; women often immigrate alone, they women’s rights and social justice ‘‘(B) an individual with whom the person have no family or other support net- groups. I hope my colleagues in the shares a child in common; work and rely on their husbands for ev- Senate will support it as well. ‘‘(C) an individual who is cohabiting with erything. Such dependency can make it I ask unanimous consent that the or has cohabited with the person; difficult for a wife to report abuse text of the bill be printed in the ‘‘(D) an individual similarly situated to a without worrying that doing so is a spouse of the person under the domestic or RECORD. family violence laws of the jurisdiction surefire ticket to deportation. Re- There being no objection, the bill was searchers agree that isolation and de- where the offense occurs; or ordered to be printed in the RECORD, as ‘‘(E) any other individual if the person is pendency put these women at greater follows: protected from that individual’s acts under risk of domestic abuse. S. 1455 the domestic or family violence laws of the Documenting the extent of this prob- Be it enacted by the Senate and House of Rep- United States or any State, Indian tribal lem has been quite difficult. Marriages resentatives of the United States of America in government, or unit of local government. arranged by IMBs are not tracked sepa- Congress assembled, ‘‘(4) FOREIGN NATIONAL CLIENT.—The term rately from other immigrant mar- SECTION 1. SHORT TITLE. ‘foreign national client’ means a non-resi- riages. However, experts agree that This Act may be cited as the ‘‘Inter- dent alien who utilizes the services of an abuse is more likely in such an ar- national Marriage Broker Regulation Act of international marriage broker. ‘‘(5) INTERNATIONAL MARRIAGE BROKER.— ranged marriages and that abuse in 2003’’. ‘‘(A) IN GENERAL.—The term ‘international these relationships is likely under- SEC. 2. LIMIT ON CONCURRENT PETITIONS FOR FIANCE´ (E) VISAS. marriage broker’ means a corporation, part- reported since the women are likely to Section 214(d) of the Immigration and Na- nership, business, individual, or other legal be more afraid of deportation than the tionality Act (8 U.S.C. 1184(d)) is amended— entity, whether or not organized under any abuse they suffer at home. (1) by inserting ‘‘(1)’’ before ‘‘A visa’’; and law of the United States, that charges fees Attempting to get a handle on the (2) by adding at the end the following: for providing dating, matrimonial, social re- problem, the Immigration and Natu- ‘‘(2) A United States citizen or a legal per- ferrals, or matching services between United ralization Service commissioned a manent resident may not file more than 1 States citizens or legal permanent residents study of the industry in 1999. The INS application for a visa under section and nonresident aliens by providing informa- 101(a)(15)(K)(i) in any 1-year period.’’. tion that would permit individuals to con- study estimated that there are more SEC. 3. INTERNATIONAL MARRIAGE BROKERS. tact each other, including— than 200 IMBs operating around the Section 652 of the Omnibus Consolidated ‘‘(i) providing the name, telephone number, globe, arranging between 4,000 and 6,000 Appropriations Act, 1997 (8 U.S.C. 1375), is address, electronic mail address, or marriages between American men and amended to read as follows: voicemail of an individual; or

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.039 S25PT1 S9962 CONGRESSIONAL RECORD — SENATE July 25, 2003 ‘‘(ii) providing an opportunity for an in- ‘‘(1) the client has been informed that the SEC. 4. CRIMINAL BACKGROUND CHECK. person meeting. client will be subject to a criminal back- Section 214(d) of the Immigration and Na- ‘‘(B) EXCEPTIONS.—Such term does not in- ground check should they petition for a visa tionality Act (8 U.S.C. 1184(d)), as amended clude— under clause (i) or (iii) of section by section 2, is further amended by adding at ‘‘(i) a traditional matchmaking organiza- 101(a)(15)(K) of the Immigration and Nation- the end the following: tion of a religious nature that operates on a ality Act (8 U.S.C. 1101(a)(15)(K)); and ‘‘(3) A petitioner for a visa under clause (i) nonprofit basis and otherwise operates in ‘‘(2) the foreign national client has been or (iii) of section 101(a)(15)(K) shall undergo compliance with the laws of the countries in provided a copy of the information required a national criminal background check con- which it operates including the laws of the under subsection (d) regarding that client. ducted using the national criminal history United States; or ‘‘(f) CIVIL PENALTY.— background check system and State crimi- ‘‘(ii) an entity that provides dating serv- ‘‘(1) VIOLATION.—An international mar- nal history repositories of all States in ices between United States citizens or legal riage broker that the Secretary of Homeland which the applicant has resided prior to the permanent residents and aliens, but not as Security determines has violated any provi- petition being approved by the Secretary of its principal business, and charges com- sion of this section or section 7 of the Inter- Homeland Security, and the results of the parable rates to all clients regardless of the national Marriage Broker Regulation Act of background check shall be included in the gender or country of residence of the client. 2003 shall be subject, in addition to any other petition forwarded to the consular office ‘‘(6) PERSONAL CONTACT INFORMATION.— penalties that may be prescribed by law, to under that section.’’. a civil penalty of not more than $20,000 for SEC. 5. CHANGES IN CONSULAR PROCESSING OF ‘‘(A) IN GENERAL.—The term ‘personal con- ´ tact information’ means information that each such violation. FIANCE(E) VISA APPLICATIONS. would permit an individual to contact an- ‘‘(2) PROCEDURES FOR IMPOSITION OF PEN- (a) IN GENERAL.—During the consular other individual, including— ALTY.—A penalty imposed under paragraph interview for purposes of the issuance of a ‘‘(i) the name, address, phone number, elec- (1) may be imposed only after notice and an visa under clause (i) or (iii) of section tronic mail address, or voice message mail- opportunity for an agency hearing on the 101(a)(15)(K) of the Immigration and Nation- box of that individual; and record in accordance with sections 554 ality Act (8 U.S.C. 1101(a)(15)(K)), a consular ‘‘(ii) the provision of an opportunity for an through 557 of title 5, United States Code. officer shall disclose to the alien applicant in-person meeting. ‘‘(g) CRIMINAL PENALTY.—An international information in writing in the native language of the alien concerning— ‘‘(B) EXCEPTION.—Such term does not in- marriage broker that, within the special clude a photograph or general information maritime and territorial jurisdiction of the (1) the illegality of domestic violence in about the background or interests of a per- United States, violates any provision of this the United States and the availability of re- son. section or section 7 of the International Mar- sources for victims of domestic violence (in- riage Broker Regulation Act of 2003 shall be cluding aliens), including protective orders, ‘‘(c) OBLIGATIONS OF INTERNATIONAL MAR- fined in accordance with title 18, United crisis hotlines, free legal advice, and shel- RIAGE BROKER WITH RESPECT TO INFORMED States Code, or imprisoned for not less than ters; CONSENT.—An international marriage broker 1 year and not more than 5 years, or both. (2) the requirement that international shall not provide any personal contact infor- ‘‘(h) ENFORCEMENT.—In any case in which marriage brokers provide foreign national mation about any foreign national client, the attorney general of a State has reason to clients with responses of clients to questions not including photographs, to any person un- believe that an interest of the residents of regarding the client’s domestic violence his- less and until the international marriage that State has been, or is threatened to be, tory and marital history, but that such in- broker has— adversely affected by a violation of this sec- formation may not be accurate; ‘‘(1) provided the foreign national client tion, the State, as parens patriae, may bring (3) the right of an alien who is or whose with information in his or her native lan- a civil action on behalf of the residents of children are subjected to domestic violence guage that explains the rights of victims of the State in a district court of the United or extreme cruelty by a United States cit- domestic violence in the United States, in- States of appropriate jurisdiction to — izen spouse or legal permanent resident cluding the right to petition for residence ‘‘(1) enjoin that practice; spouse, to self-petition for legal permanent independent of, and without the knowledge, ‘‘(2) enforce compliance with this section; immigration status under the Violence consent, or cooperation of, the spouse; and or Against Women Act independently of, and ‘‘(2) received from the foreign national cli- ‘‘(3) obtain damages. without the knowledge, consent, or coopera- ent a signed consent to the release of such ‘‘(i) STUDY AND REPORT.— tion of, such United States citizen spouse or personal contact information. ‘‘(1) STUDY.—Not later than 2 years after legal permanent resident spouse; and ‘‘(d) MANDATORY COLLECTION OF INFORMA- the date of enactment of the International (4) any information regarding the peti- TION.— Marriage Broker Regulation Act of 2003, the tioner that— ‘‘(1) IN GENERAL.—Each international mar- Attorney General, in consultation with the (A) was provided to the Bureau of Citizen- riage broker shall require each client to pro- Director of the Bureau of Citizenship and Im- ship and Immigration Services within the vide the information listed in paragraph (2), migration Services within the Department of Department of Homeland Security pursuant in writing and signed by the client (including Homeland Security, shall conduct a study— to section 7; and by electronic writing and electronic signa- ‘‘(A) regarding the number of international (B) is contained in the background check ture), to the international marriage broker marriage brokers doing business in the conducted in accordance with section prior to referring any personal contact infor- United States and the number of marriages 214(d)(3) of the Immigration and Nationality mation about any foreign national client to resulting from the services provided, and the Act, as added by section 4, relating to any the client. extent of compliance with this section and conviction or civil order for a crime of vio- ‘‘(2) INFORMATION.—The information re- section 7 of the International Marriage lence, act of domestic violence, or child quired to be provided in accordance with Broker Regulation Act of 2003; abuse or neglect. paragraph (1) is as follows: ‘‘(B) that assesses information gathered (b) DEFINITIONS.—In this section, the terms ‘‘(A) Any arrest, charge, or conviction under this section and section 7 of the Inter- ‘‘client’’, ‘‘domestic violence’’, ‘‘foreign na- record for homicide, rape, assault, sexual as- national Marriage Broker Regulation Act of tional client’’, and ‘‘international marriage sault, kidnap, or child abuse or neglect. 2003 from clients and petitioners by inter- brokers’’ have the same meaning given such ‘‘(B) Any court ordered restriction on national marriage brokers and the Bureau of terms in section 652 of the Omnibus Consoli- physical contact with another person, in- Citizenship and Immigration Services; dated Appropriations Act, 1997 (8 U.S.C. 1375). cluding any temporary or permanent re- ‘‘(C) that examines, based on the informa- SEC. 6. INTERAGENCY TASK FORCE TO MONITOR straining order or civil protection order. tion gathered, the extent to which persons AND COMBAT TRAFFICKING. ‘‘(C) Marital history, including if the per- with a history of violence are using the serv- Section 105 of the Victims of Trafficking son is currently married, if the person has ices of international marriage brokers and and Violence Protection Act of 2000 (22 previously been married and how many the extent to which such persons are pro- U.S.C. 7103) is amended— times, how previous marriages were termi- viding accurate information to international (1) in subsection (d)(2), by inserting ‘‘and nated and the date of termination, and if the marriage brokers in accordance with this the role of international marriage brokers person has previously sponsored an alien to section and section 7 of the International (as defined in section 652 of the Omnibus whom the person has been engaged or mar- Marriage Broker Regulation Act of 2003; and Consolidated Appropriations Act, 1997 (8 ried. ‘‘(D) that assesses the accuracy of the U.S.C. 1375))’’ after ‘‘public corruption’’; and ‘‘(D) The ages of any and all children under criminal background check at identifying (2) by adding at the end the following: the age of 18. past instances of domestic violence. ‘‘(f) MEETINGS.—The Task Force shall meet ‘‘(E) All States in which the client has re- ‘‘(2) REPORT.—Not later than 3 years after not less than 2 times in a calendar year.’’. sided since the age of 18. the date of enactment of the International SEC. 7. BUREAU OF CITIZENSHIP AND IMMIGRA- ‘‘(e) ADDITIONAL OBLIGATIONS OF THE INTER- Marriage Broker Regulation Act of 2003, the TION SERVICES. NATIONAL MARRIAGE BROKER.—An inter- Secretary of Homeland Security shall sub- The Bureau of Citizenship and Immigra- national marriage broker shall not provide mit a report to the Committees on the Judi- tion Services within the Department of any personal contact information about any ciary of the Senate and the House of Rep- Homeland Security shall require that infor- foreign national client to any client, unless resentatives setting forth the results of the mation described in section 652(c) of the Om- and until— study conducted pursuant to paragraph (1).’’. nibus Consolidated Appropriations Act, 1997

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(8 U.S.C. 1375(c)), as amended by section 3, be among the elderly, it is the purpose of this ‘‘(e) APPLICATION.—In order to receive a provided to the Bureau of Citizenship and Act to— grant under this section, a public or private Immigration Services by a client (as defined (1) promote models of care that integrate nonprofit entity shall— in section 652 of the Omnibus Consolidated mental health services and medical care ‘‘(1) submit an application to the Secretary Appropriations Act, 1997 (8 U.S.C.1375)) in within primary care settings; and (in such form, containing such information, writing and signed under penalty of perjury (2) improve access by older adults to men- and at such time as the Secretary may speci- as part of any visa petition under section tal health services in community-based set- fy); and 214(d) of the Immigration and Nationality tings. ‘‘(2) agree to report to the Secretary stand- Act (8 U.S.C. 1184(d)). TITLE I—ENHANCING ACCESS TO MENTAL ardized clinical and behavioral data nec- SEC. 8. GOOD FAITH MARRIAGES. HEALTH SERVICES FOR THE ELDERLY essary to evaluate patient outcomes and to The fact that an alien who is in the United SEC. 101. SERVICES IMPLEMENTATION PROJECTS facilitate evaluations across participating States on a visa under clause (i) or (iii) of TO SUPPORT INTEGRATION OF MEN- projects. section 101(a)(15)(K) of the Immigration and TAL HEALTH SERVICES IN PRIMARY ‘‘(f) EVALUATION.—Not later than 6 months Nationality Act (8 U.S.C. 1101(a)(15)(K)) is CARE SETTINGS. after the close of a calendar year, the Sec- aware of the criminal background of a client Subpart 3 of part B of title V of the Public retary shall submit to the Congress a report (as defined in section 652 of the Omnibus Health Service Act (42 U.S.C. 290bb–31 et evaluating the projects receiving awards Consolidated Appropriations Act, 1997 (8 seq.) is amended— under this section for such year. U.S.C. 1375)) cannot be used as evidence that (1) in section 520(b)— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— the marriage was not entered into in good (A) in paragraph (14), by striking ‘‘and’’ at There are authorized to be appropriated for faith. the end; fiscal year 2004 and each fiscal year thereafter such sums as may be necessary to carry SEC. 9. TECHNICAL AND CONFORMING AMEND- (B) in paragraph (15), by striking the pe- MENTS. riod at the end and inserting ‘‘; and’’; and out this section.’’. Section 214(d) of the Immigration and Na- (C) by adding at the end the following SEC. 102. GRANTS FOR COMMUNITY-BASED MEN- tionality Act (8 U.S.C. 1184(d)) is amended by paragraph: TAL HEALTH TREATMENT OUT- ‘‘(16) conduct the demonstration projects REACH TEAMS. striking ‘‘Attorney General’’ each place that Subpart 3 of part B of title V of the Public term appears and inserting ‘‘Secretary of specified in section 520K.’’; and (2) by adding at the end the following sec- Health Service Act (42 U.S.C. 290bb–31 et Homeland Security’’. seq.), as amended by section 101 of this Act, SEC. 10. PREEMPTION. tion: ‘‘SEC. 520K. PROJECTS TO DEMONSTRATE INTE- is further amended by adding at the end the Nothing in this Act, or the amendments following section: made by this Act, shall preempt any State GRATION OF MENTAL HEALTH SERV- ICES IN PRIMARY CARE SETTINGS. ‘‘SEC. 520L. GRANTS FOR COMMUNITY-BASED law that provides additional protection for ‘‘(a) IN GENERAL.—The Secretary, acting MENTAL HEALTH TREATMENT OUT- aliens who are utilizing the services of an through the Director of the Center for Men- REACH TEAMS. international marriage broker (as defined in tal Health Services, shall make grants to ‘‘(a) IN GENERAL.—The Secretary, acting section 652 of the Omnibus Consolidated Ap- public and private nonprofit entities for evi- through the Director of the Center for Men- propriations Act, 1997 (8 U.S.C. 1375)). dence-based projects to demonstrate ways of tal Health Services, shall make grants to integrating mental health services for older public or private nonprofit entities that are By Mr. BREAUX: patients into primary care settings, such as community-based providers of geriatric men- S. 1456. A bill to amend the Public health centers receiving a grant under sec- tal health services, to support the establish- Health Service Act with respect to tion 330 (or determined by the Secretary to ment and maintenance by such entities of mental health services for elderly indi- meet the requirements for receiving such a multi-disciplinary geriatric mental health viduals; to the Committee on Health, grant), other Federally qualified health cen- outreach teams in community settings Education, Labor, and Pensions. ters, primary care clinics, and private prac- where older adults reside or receive social services. Entities eligible for such grants in- Mr. BREAUX. Mr. President, I ask tice sites. ‘‘(b) REQUIREMENTS.—In order to qualify clude— unanimous consent that the text of the for a grant under this section, a project shall ‘‘(1) mental health service providers of a bill be printed in the RECORD. provide for collaborative care within a pri- State or local government; There being no objection, the bill was mary care setting, involving psychiatrists, ‘‘(2) outpatient programs of private, non- ordered to be printed in the RECORD, as psychologists, and other licensed mental profit hospitals; follows: health professionals with appropriate train- ‘‘(3) community mental health centers S. 1456 ing and experience in the treatment of older meeting the criteria specified in section adults, in which screening, assessment, and 1913(c); and Be it enacted by the Senate and House of Rep- intervention services are combined into an ‘‘(4) other community-based providers of resentatives of the United States of America in integrated service delivery model, includ- mental health services. Congress assembled, ing— ‘‘(b) REQUIREMENTS.—In order to qualify SECTION 1. SHORT TITLE. ‘‘(1) screening services by a mental health for a grant under this section, an entity This Act may be cited as the ‘‘Positive professional with at least a masters degree shall— Aging Act of 2003’’. in an appropriate field of training, supported ‘‘(1) adopt and implement, for use by its SEC. 2. FINDINGS; STATEMENT OF PURPOSE. by psychiatrists and psychologists with ap- mental health outreach team, evidence- (a) FINDINGS.—The Congress finds that— propriate training and experience in the based intervention and treatment protocols (1) although, on average, 1⁄4 of all patients treatment of older adults to ensure adequate (to the extent such protocols are available) seen in primary care settings have a mental consideration of biomedical and psychosocial for mental disorders prevalent in older disorder, primary care practitioners identify conditions, respectively; adults, relying to the greatest extent fea- such illness in only about half of these cases; ‘‘(2) referrals for necessary prevention, sible on protocols that have been developed— (2) four mental disorders are among the 10 intervention, follow-up care, consultations, ‘‘(A) by or under the auspices of the Sec- leading causes of disability in the United and care planning oversight for mental retary; or States; health and other service needs, as indicated; ‘‘(B) by academicians with expertise in (3) among the elderly, 10 percent have de- and mental health and aging; mentia and as many as one quarter have sig- ‘‘(3) adoption and implementation of evi- ‘‘(2) provide screening for mental disorders, nificant clinical depression; dence-based protocols, to the extent avail- diagnostic services, referrals for treatment, (4) access to mental health services by the able, for prevalent mental health disorders, and case management and coordination elderly is compromised by health benefits including depression, anxiety, behavioral through such teams; and coverage limits, gaps in the mental health and psychological symptoms of dementia, ‘‘(3) coordinate and integrate the services services delivery system, and shortages of psychosis, and misuse of, or dependence on, provided by such team with the services of geriatric mental health practitioners; alcohol or medication. social service, mental health, medical, and (5) the integration of medical and mental ‘‘(c) CONSIDERATIONS IN AWARDING other health care providers at the site or health treatment provides an effective GRANTS.—To the extent feasible, the Sec- sites where the team is based in order to— means of coordinating care, improving men- retary shall ensure that— ‘‘(A) improve patient outcomes; and tal health outcomes, and saving health care ‘‘(1) grants under this section are awarded ‘‘(B) to ensure, to the maximum extent fea- dollars; and to projects in a variety of geographic areas, sible, the continuing independence of older (6) the treatment of mental disorders in including urban and rural areas; and adults who are residing in the community. older patients, particularly those with other ‘‘(2) the needs of ethnically diverse at-risk ‘‘(c) COOPERATIVE ARRANGEMENTS WITH chronic diseases, can improve health out- populations are addressed. SITES SERVING AS BASES FOR OUTREACH comes and the quality of life for these pa- ‘‘(d) DURATION.—A project may receive TEAMS.—An entity receiving a grant under tients. funding pursuant to a grant under this sec- this section may enter into an agreement (b) STATEMENT OF PURPOSE.—In order to tion for a period of up to 3 years, with an ex- with a person operating a site at which a address the emerging crisis in the identifica- tension period of 2 additional years at the geriatric mental health outreach team of the tion and treatment of mental disorders discretion of the Secretary. entity is based, including—

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.041 S25PT1 S9964 CONGRESSIONAL RECORD — SENATE July 25, 2003 ‘‘(1) senior centers; in geriatric psychiatry and at least 1 psy- the tribes and tribal organizations such ‘‘(2) adult day care programs; chologist with appropriate training and ex- as the Inter Tribal Monitoring Associa- ‘‘(3) assisted living facilities; and perience in the treatment of older adults.’’. tion, the Native American Rights ‘‘(4) recipients of grants to provide services SEC. 203. PROJECTS OF NATIONAL SIGNIFICANCE Fund, and the National Congress of to senior citizens under the Older Americans TARGETING SUBSTANCE ABUSE IN Act, under which such person provides (and OLDER ADULTS. American Indians, which worked with is reimbursed by the entity, out of funds re- Section 509(b)(2) of the Public Health Serv- our offices and helped to formulate the ceived under the grant, for) any supportive ice Act (42 U.S.C. 290bb–2(b)(2)) is amended concepts embodied in this proposal. We services, such as transportation and adminis- by inserting before the period the following: are encouraged by their efforts and trative support, that such person provides to ‘‘, and to providing treatment for older support to seek a legislative remedy to an outreach team of such entity. adults with alcohol or substance abuse or ad- these difficult problems. ‘‘(d) CONSIDERATIONS IN AWARDING diction, including medication misuse or dependence’’. The basic elements of this bill focus GRANTS.—To the extent feasible, the Sec- on three primary areas: the manage- retary shall ensure that— SEC. 204. CRITERIA FOR STATE PLANS UNDER ‘‘(1) grants under this section are awarded COMMUNITY MENTAL HEALTH SERV- ment of trust funds and trust assets to projects in a variety of geographic areas, ICES BLOCK GRANTS. will be elevated in the overall Depart- (a) IN GENERAL.—Section 1912(b) of the including urban and rural areas; and ment by designating a Deputy Sec- Public Health Service Act (42 U.S.C. 300x– ‘‘(2) the needs of ethnically diverse at-risk retary of Indian Affairs to assume the 2(b)) is amended by inserting after paragraph populations are addressed. (5) the following: current responsibilities of the Assist- ‘‘(e) APPLICATION.—In order to receive a ‘‘(6) GOALS AND INITIATIVES FOR IMPROVING ant Secretary of Indian Affairs and the grant under this section, an entity shall— ACCESS TO SERVICES FOR OLDER ADULTS.—The Special Trustee. Second, as determined ‘‘(1) submit an application to the Secretary plan— by the court and the administration, it (in such form, containing such information, ‘‘(A) specifies goals for improving access and at such time as the Secretary may speci- is Congress’ duty to affirm fiduciary by older Americans to community-based fy); and standards for proper management of mental health services; ‘‘(2) agree to report to the Secretary stand- these trust funds and trust assets, and ‘‘(B) includes a plan identifying and ad- ardized clinical and behavioral data nec- this bill includes such standards. And, dressing the unmet needs of such individuals essary to evaluate patient outcomes and to for mental health services; and third, the role of the tribes is enhanced facilitate evaluations across participating ‘‘(C) includes an inventory of the services, through affirmation of the authority of projects. personnel, and treatment sites available to tribes to utilize self-determination ‘‘(f) EVALUATION.—Not later than 6 months improve the delivery of mental health serv- laws to manage their own funds and as- after the close of a calendar year, the Sec- ices to such individuals.’’. retary shall submit to the Congress a report sets. Tribes will also be engaged in de- (b) EFFECTIVE DATE.—The amendment evaluating the programs receiving a grant termining additional necessary reforms made by subsection (a) shall apply to State under this section for such year. through participation in an established plans submitted under section 1912 of the ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— Public Health Service Act on or after the congressional commission. There are authorized to be appropriated for date that is 180 days after the date of the en- The mismanagement of Indian trust fiscal year 2004 and each fiscal year there- actment of this Act. funds is a long and disgraceful chapter after such sums as may be necessary to carry in the history of this Nation. The 1994 out this section.’’. By Mr. MCCAIN (for himself, Mr. American Indian Trust Fund Manage- TITLE II—ADMINISTRATIVE CHANGES TO DASCHLE, and Mr. JOHNSON): ment Reform Act was enacted to take STRENGTHEN PROGRAMS FOR GERI- S. 1459. A bill to provide for reform of measures to reconcile these accounts ATRIC MENTAL HEALTH SERVICES management of Indian trust funds and and return the money to the Native SEC. 201. DESIGNATION OF DEPUTY DIRECTOR assets under the jurisdiction of the De- American beneficiaries. Unfortunately, FOR GERIATRIC MENTAL HEALTH SERVICES IN CENTER FOR MENTAL partment of the Interior, and for other as continuing management problems HEALTH SERVICES. purposes; to the Committee on Indian persist and Native Americans are left Section 520 of the Public Health Service Affairs. out of the decision-making process Act (42 U.S.C. 290bb–31) is amended by redes- Mr. MCCAIN. Mr. President, I rise to about the management of their re- ignating subsection (c) as subsection (d) and introduce legislation to serve as the sources, it is time for Congress to step inserting after subsection (b) the following: basis for much needed reforms to the up and take decisive action to once ‘‘(c) DEPUTY DIRECTOR FOR GERIATRIC MEN- Federal Government’s management of again require significant reform with TAL HEALTH SERVICES.—The Director, after Indian trust funds and trust assets consultation with the Administrator, shall the active participation of the tribes. designate a Deputy Director for Geriatric within the U.S. Department of the In- I am pleased that Senators DASCHLE Mental Health Services, who shall be respon- terior. I am joined by my colleagues, and JOHNSON are committed to working sible for the development and implementa- Senators DASCHLE and JOHNSON, in this with me once again on this legislation, tion of initiatives of the Center to address effort, as well as by Representatives and I am also encouraged by the inter- the mental health needs of older adults. MARK UDALL and NICK RAHALL whom est of our House counterparts to joint- Such initiatives shall include— are sponsoring a companion measure in ly introduce this bill with us. I look ‘‘(1) research on prevention and identifica- the House of Representatives. tion of mental disorders in the geriatric pop- forward to working with my colleagues This legislation is a reflection of a and the tribes to advance this legisla- ulation; continuing effort by my colleagues and ‘‘(2) innovative demonstration projects for tion. We are willing to consider addi- the delivery of community-based mental myself to develop a trust reform pro- tional review and comments and expect health services for older Americans; posal that will not only serve to im- to further refine this bill as it moves ‘‘(3) support for the development and dis- prove the Federal Government’s ad- through the legislative process. semination of evidence-based practice mod- ministration and management of In- I ask unanimous consent that the els, including models to address dependence dian trust funds and trust assets but it text of the bill be printed in the on, and misuse of, alcohol and medication in will also institute a role for Indian older adults; and RECORD. tribes to participate in developing ad- There being no objection, the bill was ‘‘(4) development of model training pro- ditional needed reforms and enhance grams for mental health professionals and ordered to be printed in the RECORD, as caregivers serving older adults.’’. the principles of tribal self-determina- follows: tion. SEC. 202. MEMBERSHIP OF ADVISORY COUNCIL S. 1459 Earlier this year, Senators DASCHLE, FOR THE CENTER FOR MENTAL Be it enacted by the Senate and House of Rep- HEALTH SERVICES. JOHNSON, and myself introduced simi- resentatives of the United States of America in Section 502(b)(3) of the Public Health Serv- lar trust reform legislation and re- Congress assembled, ice Act (42 U.S.C. 290aa–1(b)(3)) is amended ceived substantive feedback from In- by adding at the end the following: dian country on the bill. This feedback SECTION 1. SHORT TITLE. ‘‘(C) In the case of the advisory council for This Act may be cited as the ‘‘American helped us in developing this new legis- Indian Trust Fund Management Reform Act the Center for Mental Health Services, the lative proposal, which will serve as the members appointed pursuant to subpara- Amendments Act of 2003’’. graphs (A) and (B) shall include representa- framework for instituting broader re- SEC. 2. DEFINITIONS. tives of older Americans, their families, and forms necessary for long-term manage- Section 2 of the American Indian Trust geriatric mental health specialists, including ment of tribal trust resources and en- Fund Management Reform Act of 1994 (25 at least 1 physician with board certification hancing Federal Indian policy. I thank U.S.C. 4001) is amended—

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.051 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9965 (1) by redesignating paragraphs (1), (2), (3), ‘‘(1) providing for adequate systems for ac- ‘‘(ii) deposits; (4), (5), and (6) as paragraphs (7), (4), (6), (5), counting for and reporting trust fund bal- ‘‘(iii) transfers; (2), and (3), respectively, and moving those ances; ‘‘(iv) disbursements; paragraphs so as to appear in numerical ‘‘(2) providing for adequate controls over ‘‘(v) imposition of third-party obligations order; and receipts and disbursements; (such as court-ordered child support or judg- (2) by inserting before paragraph (2) (as re- ‘‘(3) providing for periodic, timely rec- ments); designated by paragraph (1)) the following: onciliations of financial records to ensure ‘‘(vi) statements of earnings; ‘‘(1) AUDIT.—The term ‘audit’ means an the accuracy of account information; ‘‘(vii) investment instruments; and audit using accounting procedures that con- ‘‘(4) determining accurate cash balances; ‘‘(viii) closure of all trust fund accounts reform to generally accepted accounting prin- ‘‘(5) preparing and supplying to account lating to the trust fund asset; ciples and auditing procedures that conform holders periodic account statements; ‘‘(H) documents pertaining to actions to chapter 75 of title 31, United States Code ‘‘(6) establishing and publishing in the Fed- taken to prevent or compensate for any di- (commonly known as the ‘Single Audit Act eral Register consistent policies and proce- minishment of the Indian trust asset; and of 1984’); and dures for trust fund management and ac- ‘‘(I) documents that evidence the actions of (3) by adding at the end the following: counting; the Secretary regarding the management ‘‘(8) TRIBAL GOVERNMENT—The term ‘tribal ‘‘(7) providing adequate staffing, super- and disposition of the Indian trust asset; government’ means the governing body of an vision, and training for trust fund manage- ‘‘(10) establish and maintain a system of Indian tribe. ment and accounting; and records that— ‘‘(9) TRUST ASSET.—The term ‘trust asset’ ‘‘(8) managing natural resources located ‘‘(A) permits beneficial owners to obtain means any tangible property (such as land, a within the boundaries of Indian reservations information regarding Indian trust assets in mineral, coal, oil or gas, a forest resource, an and trust land.’’. a timely manner; and agricultural resource, water, a water source, SEC. 4. AFFIRMATION OF STANDARDS. ‘‘(B) protects the privacy of that informa- fish, or wildlife) held by the Secretary for Title I of the American Indian Trust Fund tion; the benefit of an Indian tribe or an indi- Management Reform Act of 1994 (25 U.S.C. ‘‘(11) invest tribal and individual Indian vidual member of an Indian tribe in accord- 4011 et seq.) is amended by adding at the end trust funds to ensure that the trust account ance with Federal law. the following: remains reasonably productive for the bene- ‘‘(10) TRUST FUNDS.—The term ‘trust funds’ ficial owner consistent with market condi- means— ‘‘SEC. 105. AFFIRMATION OF STANDARDS. ‘‘Congress affirms that the proper dis- tions existing at the time at which invest- ‘‘(A) all monies or proceeds derived from ment is made; trust assets; and charge of trust responsibility of the United States requires, without limitation, that the ‘‘(12) communicate with beneficial owners ‘‘(B) all funds held by the Secretary for the regarding the management and administra- benefit of an Indian tribe or an individual trustee, using the highest degree of care, skill, and loyalty— tion of Indian trust assets; and member of an Indian tribe in accordance ‘‘(13) protect treaty-based fishing, hunting, with Federal law. ‘‘(1) protect and preserve Indian trust assets from loss, damage, unlawful alienation, gathering, and similar rights-of-access and ‘‘(11) TRUSTEE.—The term ‘trustee’ means resource use on traditional tribal land.’’. the Secretary or any other person that is au- waste, and depletion; thorized to act as a trustee for trust assets ‘‘(2) ensure that any management of Indian SEC. 5. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES. and trust funds.’’. trust assets required to be carried out by the Secretary— Section 202 of the American Indian Trust SEC. 3. RESPONSIBILITIES OF SECRETARY. Fund Management Reform Act of 1994 (25 Section 102 of the American Indian Trust ‘‘(A) promotes the interest of the beneficial U.S.C. 4022) is amended by striking sub- Fund Management Reform Act of 1994 (25 owner; and section (c) and inserting the following: U.S.C. 4011) is amended to read as follows: ‘‘(B) supports, to the maximum extent ‘‘(c) MANAGEMENT THROUGH SELF-DETER- ‘‘SEC. 102. RESPONSIBILITIES OF SECRETARY. practicable in accordance with the trust re- MINATION AUTHORITY.— ‘‘(a) ACCOUNTING FOR DAILY AND ANNUAL sponsibility of the Secretary, the beneficial ‘‘(1) IN GENERAL.—An Indian tribe may use BALANCES OF INDIAN TRUST FUNDS.— owner’s intended use of the assets; authority granted to the Indian tribe under ‘‘(1) IN GENERAL.—The Secretary shall ac- ‘‘(3)(A) enforce the terms of all leases or the Indian Self-Determination and Edu- count for the daily and annual balances of other agreements that provide for the use of cation Assistance Act (25 U.S.C. 450 et seq.) all trust funds. trust assets; and to manage Indian trust funds and trust as- ‘‘(2) PERIODIC STATEMENT OF PERFORM- ‘‘(B) take appropriate steps to remedy tres- sets without terminating— ANCE.— pass on trust or restricted land; ‘‘(A) the trust responsibility of the Sec- ‘‘(A) IN GENERAL.—Not later than 20 busi- ‘‘(4) promote tribal control and self-deter- ness days after the close of the second cal- mination over tribal trust land and resources retary; or endar quarter after the date of enactment of without diminishing the trust responsibility ‘‘(B) the trust status of the funds and as- this paragraph, and not later than 20 busi- of the Secretary; sets. ness days after the close of each calendar ‘‘(5) select and oversee persons that man- ‘‘(2) NO EFFECT ON TRUST RESPONSIBILITY.— quarter thereafter, the Secretary shall pro- age Indian trust assets; Nothing in this subsection diminishes or oth- vide to each Indian tribe and individual In- ‘‘(6) confirm that Indian tribes that man- erwise impairs the trust responsibility of the dian for whom the Secretary manages trust age Indian trust assets in accordance with United States with respect to the Indian peo- funds a statement of performance for the contracts and compacts authorized by the ple.’’. trust funds. Indian Self-Determination and Education SEC. 6. DEPUTY SECRETARY FOR INDIAN AF- ‘‘(B) REQUIREMENTS.—Each statement Assistance Act (25 U.S.C. 450 et seq.) protect FAIRS. under subparagraph (A) shall identify, with and prudently manage those Indian trust as- (a) IN GENERAL.—Section 302 of the Amer- respect to the period covered by the state- sets; ican Indian Trust Fund Management Reform ment— ‘‘(7) provide oversight and review of the Act of 1994 (25 U.S.C. 4042) is amended to read ‘‘(i) the source, type, and status of the performance of the trust responsibility of as follows: funds; the Secretary, including Indian trust asset ‘‘SEC. 302. DEPUTY SECRETARY FOR INDIAN AF- ‘‘(ii) the beginning balance of the funds; and investment management programs, oper- FAIRS. ‘‘(iii) the gains and losses of the funds; ational systems, and information systems; ‘‘(a) ESTABLISHMENT.— ‘‘(iv) receipts and disbursements of the ‘‘(8) account for and identify, collect, de- ‘‘(1) IN GENERAL.—There is established funds; and posit, invest, and distribute, in a timely within the Department the position of Dep- ‘‘(v) the ending balance of the funds. manner, income due or held on behalf of trib- uty Secretary for Indian Affairs (referred to ‘‘(3) AUDITS.—With respect to each account al and individual Indian account holders; in this section as the ‘Deputy Secretary’), containing trust funds, the Secretary shall— ‘‘(9) maintain a verifiable system of who shall report directly to the Secretary. ‘‘(A) for accounts with less than $1,000, records that, at a minimum, is capable of ‘‘(2) APPOINTMENT.—The Deputy Secretary group accounts separately to allow for sta- identifying, with respect to a trust asset— shall be appointed by the President, by and tistical sampling audit procedures; ‘‘(A) the location of the trust asset; with the advice and consent of the Senate. ‘‘(B) for accounts containing more than ‘‘(B) the beneficial owners of the trust ‘‘(b) DUTIES.— $1,000 at any time during a given fiscal asset; ‘‘(1) IN GENERAL.—The Deputy Secretary year— ‘‘(C) any legal encumbrances (such as shall— ‘‘(i) conduct, for each fiscal year, an audit leases or permits) applicable to the trust ‘‘(A) oversee the Bureau of Indian Affairs; of all trust funds; and asset; ‘‘(B) be responsible for carrying out all du- ‘‘(ii) include, in the first statement of per- ‘‘(D) the user of the trust asset; ties assigned to the Assistant Secretary for formance after completion of the audit, a ‘‘(E) any rent or other payments made; Indian Affairs as of the day before the date letter describing the results of the audit. ‘‘(F) the value of trust or restricted land of enactment of the American Indian Trust ‘‘(b) ADDITIONAL RESPONSIBILITIES.—The re- and resources associated with the trust Fund Management Reform Act Amendments sponsibilities of the Secretary in carrying asset; Act of 2003; out the trust responsibility of the United ‘‘(G) dates of— ‘‘(C) oversee all trust fund and trust asset States include, but are not limited to— ‘‘(i) collections; matters of the Department, including—

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.053 S25PT1 S9966 CONGRESSIONAL RECORD — SENATE July 25, 2003 ‘‘(i) administration and management of the of Indian tribes and individual members of (II) by striking ‘‘of his duties’’ and insert- Reform Office; Indian tribes; ing ‘‘of the duties of the Deputy Secretary’’; ‘‘(ii) financial and human resource matters ‘‘(C) require the development and mainte- and of the Reform Office; and nance of an accurate inventory of all trust (iv) by striking ‘‘Special Trustee’’ each ‘‘(iii) all duties relating to trust fund and funds and trust assets; place it appears and inserting ‘‘Deputy Sec- trust asset matters; ‘‘(D) ensure the prompt posting of revenue retary’’. ‘‘(D) engage in appropriate government-to- derived from a trust fund or trust asset for (F) Sections 304 and 305 of the American government relations and consultations with the benefit of each Indian tribe (or indi- Indian Trust Fund Management Reform Act Indian tribes and individual trust asset and vidual member of each Indian tribe) that of 1994 (25 U.S.C. 4044, 4045) are amended by trust fund account holders on matters in- owns a beneficial interest in the trust fund striking ‘‘Special Trustee’’ each place it ap- volving trust asset and trust fund manage- or trust asset; pears and inserting ‘‘Deputy Secretary’’. ment and reform within the Department; and ‘‘(E) ensure that all trust fund accounts (G) The first section of Public Law 92–22 (43 ‘‘(E) carry out such other duties relating are audited at least annually, and more fre- U.S.C. 1453a) is repealed. to Indian affairs as the Secretary may as- quently as determined to be necessary by the (H) Any reference in a law, map, regula- sign. Deputy Secretary; tion, document, paper, or other record of the ‘‘(2) TRANSFER OF DUTIES OF ASSISTANT SEC- ‘‘(F) ensure that the Deputy Secretary, the United States to the Assistant Secretary of RETARY.—As of the date of enactment of the Director of the Bureau of Land Management, the Interior for Indian Affairs shall be American Indian Trust Fund Management the Commissioner of Reclamation, and the deemed to be a reference to the Deputy Sec- Reform Act Amendments Act of 2003, all du- Director of the Minerals Management Serv- retary of the Interior for Indian Affairs. ties assigned to the Assistant Secretary for ice provide to the Secretary current and ac- (2) EFFECTIVE DATE.—The amendments Indian Affairs shall be transferred to, and be- curate information relating to the adminis- made by this subsection take effect on the come the responsibility of, the Deputy Sec- tration and management of trust funds and date on which a Deputy Secretary for Indian retary. trust assets; and Affairs is appointed under section 302 of the ‘‘(3) SUCCESSION.—Any official who is serv- ‘‘(G) provide for regular consultation with American Indian Trust Fund Management ing as Assistant Secretary for Indian Affairs trust fund account holders on the adminis- Reform Act (as amended by subsection (a)). on the date of enactment of the American In- tration of trust funds and trust assets to en- SEC. 7. COMMISSION FOR REVIEW OF INDIAN dian Trust Fund Management Reform Act sure, to the maximum extent practicable in TRUST FUND MANAGEMENT RE- Amendments Act of 2003 and who was ap- accordance with applicable law and a Plan SPONSIBILITIES. pointed by the President, by and with the ad- approved under section 202, the greatest re- (a) ESTABLISHMENT.—There is established a vice and consent of the Senate, shall not be turn on those funds and assets for the trust commission, to be known as the ‘‘Commis- required to be reappointed under subsection fund account holders consistent with the sion for Review of Indian Trust Fund Man- (a) to the successor position authorized beneficial owners intended uses for the trust agement Responsibilities’’ (referred to in under subsection (a) if the Secretary ap- funds. this section as the ‘‘Commission’’), for the proves the occupation by the official of the ‘‘(4) CONTRACTS AND COMPACTS.—The Re- purpose of assessing the fiduciary and man- position by the date that is 180 days after the form Office may carry out its duties directly agement responsibilities of the Federal Gov- date of enactment of the American Indian or through contracts and compacts under ernment with respect to Indian tribes and in- Trust Fund Management Reform Act section 102 of the Indian Self-Determination dividual Indian beneficiaries. Amendments Act of 2003 (or such later date Act (25 U.S.C. 450f) or section 403 of the In- (b) MEMBERSHIP.— determined by the Secretary if litigation dian Self Determination and Education As- (1) IN GENERAL.—The Commission shall be delays rapid succession). sistance Act (25 U.S.C. 458cc) to provide for composed of 12 members, of whom— ‘‘(c) STAFF.—In carrying out this section, the management of trust assets and trust (A) 4 members shall be appointed by the the Deputy Secretary may hire such staff funds by Indian tribes pursuant to a Trust having expertise in trust asset and trust fund President; Fund and Trust Asset Management and Mon- (B) 2 members shall be appointed by the management, financial organization and itoring Plan developed under section 202 of management, and Federal Indian law and Majority Leader of the Senate; this Act. policy as the Deputy Secretary determines is (C) 2 members shall be appointed by the ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— necessary to carry out this title. Minority Leader of the Senate; There are authorized to be appropriated such ‘‘(d) EFFECT ON DUTIES OF OTHER OFFI- (D) 2 members shall be appointed by the sums as are necessary to carry out this sec- CIALS.— Speaker of the House of Representatives; and tion.’’. ‘‘(1) IN GENERAL.—Except as provided in (E) 2 members shall be appointed by the (b) CONFORMING AMENDMENTS.— subsection (c) and paragraph (2), nothing in Minority Leader of the House of Representa- (1) IN GENERAL.— this section diminishes any responsibility or tives. (A) Section 5313 of title 5, United States duty of the Deputy Secretary of the Interior (2) QUALIFICATIONS.—The membership of Code, is amended by inserting ‘‘Deputy Sec- appointed under the Act of May 9, 1935 (43 the Commission— retary of the Interior for Indian Affairs’’ U.S.C. 1452), or any other Federal official, re- (A) shall include a majority of individuals after ‘‘Deputy Secretary of the Interior’’. lating to any duty established under this Act who are representatives of federally recog- (B) Section 5315 of title 5, United States or any other provision of law. nized Indian tribes, including at least 1 rep- Code, is amended by striking ‘‘Assistant Sec- ‘‘(2) TRUST ASSET AND TRUST FUND MANAGE- resentative who is an individual Indian trust retaries of the Interior (6)’’ and inserting MENT AND REFORM.—Notwithstanding any fund account holder; and ‘‘Assistant Secretaries of the Interior (5)’’. other provision of law, the Deputy Secretary (B) shall include members who have experi- (C) Title III of the American Indian Trust shall have overall management and over- ence in— Fund Management Reform Act of 1994 (25 sight authority on matters of the Depart- (i) trust management; U.S.C. 4041 et seq.) is amended by striking ment relating to trust asset and trust fund (ii) fiduciary investment management; the title heading and inserting the following: management and reform (including matters (iii) Federal Indian law and policy; and that, as of the day before the date of enact- ‘‘TITLE III—REFORMS RELATING TO (iv) financial management. ment of the Indian Trust Asset and Trust TRUST RESPONSIBILITY’’. (3) CHAIRPERSON.—The Commission shall Fund Management and Reform Act of 2003, (D) Section 301(1) of the American Indian select a Chairperson from among the mem- were carried out by the Commissioner of In- Trust Fund Management Reform Act of 1994 bers of the Commission. dian Affairs). (25 U.S.C. 4041(1)) is amended by striking ‘‘by (4) DATE OF APPOINTMENTS.—The appoint- ‘‘(e) OFFICE OF TRUST REFORM IMPLEMENTA- establishing in the Department of the Inte- ment of a member of the Commission shall TION AND OVERSIGHT.— rior an Office of Special Trustee for Amer- be made not later than 90 days after the date ‘‘(1) ESTABLISHMENT.—There is established ican Indians’’ and inserting ‘‘by directing the of enactment of this Act. within the Office of the Secretary the Office Deputy Secretary’’. (5) TERM; VACANCIES.— of Trust Reform Implementation and Over- (E) Section 303 of the American Indian (A) TERM.—A member shall be appointed sight. Trust Fund Management Reform Act of 1994 for the life of the Commission. ‘‘(2) REFORM OFFICE HEAD.—The Reform Of- (25 U.S.C. 4043) is amended— (B) VACANCIES.—A vacancy on the Commis- fice shall be headed by the Deputy Secretary. (i) by striking the section heading and in- sion— ‘‘(3) DUTIES.—The Reform Office shall— serting the following: (i) shall not affect the powers of the Com- ‘‘(A) supervise and direct the day-to-day ‘‘SEC. 303. ADDITIONAL AUTHORITIES AND FUNC- mission; and activities of the Deputy Secretary, the Com- TIONS OF THE DEPUTY SEC- (ii) shall be filled in the same manner as missioner of Reclamation, the Director of RETARY.’’; the original appointment was made. the Bureau of Land Management, and the Di- (ii) in subsection (a)(1), by striking ‘‘sec- (c) MEETINGS.— rector of the Minerals Management Service, tion 302(b) of this title’’ and inserting ‘‘sec- (1) INITIAL MEETING.—Not later than 60 to the extent that those officials administer tion 302(a)(2)’’; days after the date on which all members of or manage any Indian trust assets or funds; (iii) in subsection (e)— the Commission have been appointed, the ‘‘(B) administer, in accordance with title (I) by striking the subsection heading and Commission shall hold the initial meeting of II, all trust properties, funds, and other as- inserting the following: the Commission. sets held by the United States for the benefit ‘‘(e) ACCESS OF DEPUTY SECRETARY.—’’; and (2) PROCEDURES.—The Commission shall—

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.053 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9967 (A) meet at the call of the Chairperson; including per diem in lieu of subsistence, at Indian land for the benefit of Indian and rates authorized for an employee of an agen- people. Today, that trust fund may owe (B) establish procedures for conduct of cy under subchapter I of chapter 57 of title 5, as much as $10 billion to as many as business of the Commission, including public United States Code, while away from the 500,000 Indians. hearings. home or regular place of business of the To provide some perspective, the 16 (3) QUORUM.—A majority of the members of member in the performance of the duties of the Commission shall constitute a quorum, the Commission. tribes of the Great Plains in South Da- but a lesser number of members may hold (3) STAFF.— kota, North Dakota, and Nebraska hold hearings. (A) IN GENERAL.—The Chairperson of the 10 million acres of trust lands rep- (d) DUTIES.—The Commission shall— Commission may, without regard to the civil resenting over one-third of the tribal (1) review and assess Federal laws and poli- service laws (including regulations), appoint trust assets. Many enrolled members of cies relating to the management of Indian and terminate an executive director and the nine South Dakota tribes have in- trust funds; such other additional personnel as are nec- (2) make recommendations (including leg- dividual trust accounts. essary to enable the Commission to perform There is little disagreement that cur- islative and administrative recommenda- the duties of the Commission. tions) relating to management of Indian (B) CONFIRMATION OF EXECUTIVE DIREC- rent government administration of the trust funds, including but not limited to op- TOR.—The employment of an executive direc- trust fund is a failure. However, there tions for— tor shall be subject to confirmation by the is no consensus on how to reform it. (A) historical accounting; Commission. Senators MCCAIN, JOHNSON, and I be- (B) settlement of disputed tribal and indi- (C) COMPENSATION.— lieve that Congress should be more as- vidual accounts; and (i) IN GENERAL.—Except as provided in sertive in promoting a solution to the (C) revisions of— clause (ii), the Chairperson of the Commis- (i) management standards; trust management problem and in en- sion may fix the compensation of the execu- suring that tribes and individual In- (ii) administrative management structure; tive director and other personnel without re- (iii) investment policies and accounting; gard to the provisions of chapter 51 and sub- dian account holders have a true voice and chapter III of chapter 53 of title 5, United in shaping that solution. That is why (iv) reporting procedures; and States Code, relating to classification of po- we have proposed legislation that (3) carry out such other duties as the Presi- sitions and General Schedule pay rates. would redesign the trust management dent may assign to the Commission. (ii) MAXIMUM RATE OF PAY.—The rate of process. (e) REPORT.—Not later than 32 months pay for the executive director and other per- Today, Senators MCCAIN, JOHNSON, after the date on which the Commission sonnel shall not exceed the rate payable for and I are introducing a revised version holds the initial meeting of the Commission, level V of the Executive Schedule under sec- the Commission shall submit to Congress, of S. 175, a trust reform proposal we in- tion 5316 of title 5, United States Code. troduced earlier this year. This bill in- the Secretary of the Interior, and the Sec- (h) EXEMPTION FROM FACA.—The Federal retary of the Treasury a report that includes Advisory Committee Act (5 U.S.C. App.) corporates feedback we received from the results of the assessment conducted, and shall not apply to the Commission. interested stakeholders and responds the recommendations made, by the Commis- (i) AUTHORIZATION OF APPROPRIATIONS.— to developments that have occurred sion under subsection (d). There are authorized to be appropriated such (f) POWERS OF COMMISSION.— since S. 175 was introduced. sums as are necessary to carry out this sec- (1) HEARINGS.—The Commission may hold We are joined in this effort by Rep- tion. resentatives MARK UDALL and NICK RA- such hearings, meet and act at such times (j) TERMINATION OF COMMISSION.—The Com- and places, take such testimony, and receive mission and the authority of the Commission HALL who are introducing a companion such evidence as the Commission considers under this section terminates on the date measure in the House. I commend them advisable to carry out this section. that is 3 years after the date on which the for their commitment to correcting the (2) INFORMATION FROM FEDERAL AGENCIES.— Commission holds the initial meeting of the trust management problem and value (A) IN GENERAL.—The Commission may se- Commission. their leadership on this issue. cure directly from a Federal agency such in- SEC. 8. REGULATIONS. formation as the Commission considers nec- This legislation lays out legislative The Secretary of the Interior, in consulta- standards that form the cornerstone of essary to carry out this section. tion with interested Indian tribes, shall pro- (B) PROVISION OF INFORMATION.—On request the United States of America’s trust mulgate such regulations as are necessary to responsibility to Indian nations. It di- of the Chairperson of the Commission, the carry out this Act and amendments made by head of the agency shall provide the informa- this Act. rects the Secretary of the Interior to tion to the Commission. SEC. 9. EFFECT OF ACT. conduct a historical accounting for all (3) ACCESS TO PERSONNEL.—The Commis- (a) COURT PROCEEDINGS.—Nothing in this trust accounts, regardless of amount, sion shall have reasonable access to staff re- Act limits the findings, remedies, jurisdic- and authorizes an Indian tribe to man- sponsible for Indian trust management in— tion, authority, or discretion of the courts in (A) the Department of the Interior; age Indian trust funds or trust assets the matter entitled Cobell v. Norton, Civ. (B) the Department of Treasury; and through contracts or compacts. The No. 96–1285 (RCL). (C) the Department of Justice. trust responsibility of the Secretary or (b) USE OF FUNDS.—No funds appropriated the trust status of funds and assets is (4) POSTAL SERVICES.—The Commission for the purpose of an historical accounting of may use the United States mails in the same the individual Indian trust funds shall be not terminated but a voluntary option manner and under the same conditions as used except as provided in an order of the of cobeneficiary management is al- other agencies of the Federal Government. court in Cobell v. Norton, Civ. No. 96–1285 lowed if a tribe chooses that option. (5) GIFTS.—The Commission may accept, (RCL) entered after the date of enactment of A clear line of authority for trust use, and dispose of gifts or donations of serv- this Act. management is established by ele- ices or property. (g) COMMISSION PERSONNEL MATTERS.— Mr. DASCHLE. Mr. President, today vating the Assistant Secretary of In- (1) COMPENSATION OF MEMBERS.— I once again join with Senators JOHN dian Affairs to Deputy Secretary of In- (A) NON-FEDERAL EMPLOYEES.—A member MCCAIN and TIM JOHNSON in intro- dian Affairs status. The special trust- of the Commission who is not an officer or ducing legislation that addresses the ee’s responsibilities are transferred to employee of the Federal Government shall longstanding problem of mismanage- the Deputy Secretary, and the special be compensated at a rate equal to the daily ment of assets held by the United trustee is terminated as intended in equivalent of the annual rate of basic pay the 1994 act. prescribed for level IV of the Executive States in trust for federally recognized Schedule under section 5315 of title 5, United Indian tribes and individual American Finally, a temporary congressional States Code, for each day (including travel Indians. commission is created to review trust time) during which the member is engaged in Indian country has faced many chal- funds management by the Department the performance of the duties of the Com- lenges over the years. Few, however, of the Interior. Comprised of 12 mem- mission. have had more far-ranging ramifica- bers, it will review and assess Federal (B) FEDERAL EMPLOYEES.—A member of the tions on the lives of individual Native management of trust funds and provide Commission who is an officer or employee of Americans, or been more vexing, than recommendations relating to the ad- the Federal Government shall serve without that of restoring integrity to trust ministrative and management duties of compensation in addition to the compensation received for the services of the member fund management. the Department. as an officer or employee of the Federal Gov- For over 100 years, the Department of It is our hope that this proposal will ernment. the Interior has administered a trust encourage more constructive dialog (2) TRAVEL EXPENSES.—A member of the fund containing the proceeds of leasing among the Congress, the Interior De- Commission shall be allowed travel expenses, of oil, gas, land and mineral rights on partment, and Indian country on the

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.053 S25PT1 S9968 CONGRESSIONAL RECORD — SENATE July 25, 2003 trust management problem and lead to By Mr. KENNEDY (for himself, meat suppliers to stop or reduce the a true consensus solution. With that Ms. SNOWE, Mr. REED, and Mr. use of antibiotics for growth promotion goal in mind, the bill has been reviewed BINGAMAN): of livestock. by representatives of the Great Plains S. 1460. A bill to amend the Federal The legislation we propose will phase tribes, the Native American Rights Food, Drug, and Cosmetic Act to pre- out nontherapeutic uses of medically Fund, the National Congress of Amer- serve the effectiveness of medically im- important antibiotics in livestock and ican Indians, the InterTribal Moni- portant antibiotics used in the treat- poultry production, unless their manu- toring Association, and the tribes of ment of human and animal diseases; to facturers can demonstrate that they Arizona. the Committee on Health, Education, are no danger to public health. With respect to the Great Plains Labor, and Pensions. The bill applies the same strict tribes, I would like to note that Mike Mr. KENNEDY. Mr. President, it is a standard to applications for approval of Jandreau, chairman of the Lower Brule privilege to join Senator SNOWE, Sen- new animal antibiotics. It does not re- Sioux Tribe, has been a particularly el- ator REED, and Senator BINGAMAN in strict the use of antibiotics to treat oquent advocate and effective cham- introducing The Preservation of Anti- sick animals or to treat pets and other pion of trust reform. Mike and Chey- biotics for Medical Treatment Act. animals not used for food. enne River Sioux tribal chairman, Har- Our legislation is both important and There may well be certain cir- old Frazier, led very productive work- timely because we face unprecedented cumstances in which the use of anti- ing sessions with tribal leaders from challenges to our health and safety biotics briefly to prevent the spread of South Dakota, North Dakota, and Ne- from deadly diseases. As we have seen a specific disease in a limited area is braska that both raised awareness of from SARS, new diseases can arise nat- legitimate. I look forward to working the importance of this issue and built urally and spread rapidly around the with my colleagues as we move ahead support for the bill that is being intro- world. As we have seen from the an- on this legislation to ensure that we duced today. thrax attack, diseases can also be properly distinguish the different uses I commend the commitment and con- spread by terrorists. of antibiotics for disease prevention. tribution of the participating Great We rely heavily on miracle drugs and The bill also recognizes that FDA is Plains tribal leaders who have been an vaccines to protect us against both of conducting needed studies to analyze integral part of a public process that these threats. In fact, antibiotics are the risks of using specific antibiotics will not stop until the trust manage- our strongest weapon in combating in raising animals. The agency’s cur- ment problem is solved. The McCain- deadly bacterial diseases. But we have rent risk analysis focuses on the anti- Daschle-Johnson bill is intended to failed for too long to deal with a re- biotic known as virginiamycin. Our contribute to this result. lated and increasingly serous aspect of legislation allows such studies to be the problem the indiscriminate use of conducted in determining whether It should also be noted and under- antibiotics for livestock and poultry antibiotics can be used with a reason- stood that we are not addressing the which is reducing the effectiveness of able certainty of no harm, and we wel- Cobell litigation or settlement issues these indispensable drugs that have become FDA’s scientific analysis of the in this bill. Our focus is the broader come the crown jewels of modern medi- use of these products. trust responsibility of the Department cine. In addition, the bill authorizes Fed- of the Interior. Every year, literally tons of anti- eral payments to small family farms to The issues of trust reform and reor- biotics are routinely added to animal defray the cost of compliance, and also ganization within the Bureau of Indian feed to enhance growth, fatten ani- authorizes research and demonstration Affairs are nothing new to us here on mals, and fatten profits too. Mounting projects to reduce the use of anti- Capitol Hill or in Indian country. Col- scientific evidence, though, shows that biotics in raising food-producing ani- lectively, we have endured many ef- nontherapeutic use of antibiotics in ag- mals. Finally, the bill provides a need- forts—some well intentioned and some ricultural animals can lead to the deed mechanism for collecting data to clearly not—to fix, reform, adjust, im- velopment of antibiotic-resistant bac- monitor the use of antibiotics in ani- prove, streamline, downsize, and even teria. These resistant bacteria are eas- mals, so that we can stay ahead of the terminate the Bureau of Indian Affairs ily transferred to people by tainted growing public health threat of anti- and its trust activities. food, making it very difficult or impos- biotic-resistant bacteria. These efforts have been pursued sible to treat deadly infections. The American Medical Association under both Republican and Democratic The use of antibiotics in medicines and 300 other organizations support our administrations. Unfortunately, they began in the 1940s, and in the last 60 legislation. At a time when the nation have rarely included meaningful in- years, many different antibiotics have is relying heavily on antibiotics to pro- volvement of tribal leadership or re- been discovered and widely used in tect our security from bioterrorism, we spected the Federal Government’s trea- treating patients. But the race has ac- can’t afford to squander these essential ty obligation to tribes. celerated between patients and bac- defenses. I urge my colleagues to sup- Restoring accountability and effi- teria. Miracle drugs have saved count- port this legislation, and I look for- ciency to trust management is a mat- less lives but, inevitably, as their use ward to its enactment. ter of fundamental justice. Nowhere do in medicine increased, bacteria have Ms. SNOWE. Mr. President, I rise the principles of self-determination developed resistance as well. Already, today to join my colleague from Massa- and tribal sovereignty come more into some older antibiotics have become chusetts, Senator KENNEDY, in intro- play than in the management and dis- useless in medicine. ducing legislation addressing the crit- tribution of trust funds and assets. There have also been cases of infec- ical issue of bacterial resistance to I am deeply disappointed that this tions resistant even to some of the antibiotics arising from overuse of problem has not been solved to the sat- newest and most powerful antibiotics. these valuable drugs in humans and isfaction of tribal leaders by now. That According to the Centers for Disease animals. fight is not over. Control and Prevention, thousands of Alexander Fleming’s discovery of the An effective long-term solution to Americans die each year from anti- antibacterial effects of penicillin in the trust problem must be based on biotic-resistant diseases. The wide- 1929 represented the dawning of a new government-to-government dialog. The spread use of antibiotics in agriculture era in medicine. In the decades after its McCain-Daschle-Johnson bill will not was clearly contributing to this serious discovery, penicillin became a miracle only provide the catalyst for meaning- problem. In 1997, the World Health Or- drug—allowing physicians to cure dis- ful tribal involvement in the search for ganization recommended that anti- eases that previously would have been solutions, it can also form the basis for biotics should not be used to promote untreatable—and literally saved mil- true trust reform. I look forward to animal growth, although they could lions of lives. participating with tribal leaders, ad- still be used to treat sick animals. Last Antibiotics are crucial in curing a ministration officials, and my congres- month, McDonald’s Corporation took a variety of common diseases that could sional colleagues in pursuit of this es- major step in dealing with this prob- result in severe illness or even death if sential objective. lem. It announced a directive to its left untreated. The anthrax attacks

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.033 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9969 after September 11 showed us another Nation, and our legislation establishes gress, and I hope that it will serve to need for antibiotics that sadly is a con- transition funds to help these families initiate an important and necessary di- tinuing threat in our global commu- and businesses implement changes that alog so that we may address the secu- nity—bioterrorism. Many of us in the will benefit us all. rity needs of our country and reform Capitol relied on the effective treat- I have received numerous letters our failed immigration system. ment of antibiotics to counteract expo- from groups and individuals in Maine The Border Security and Immigra- sure to the anthrax spores and main- who were concerned that the overuse of tion Improvement Act establishes two tain our health during those weeks and antibiotics in animal agriculture was new visa programs. One addresses indi- months when our Nation was grieving not being actively addressed by Con- viduals wishing to enter the United the horrible impact of terrorism in our gress. I appreciate all who took the States to work on a short-term basis homeland. time to voice their concerns to me. I while the other will be available for Unfortunately, decades after the dis- extend my personal thanks to all who the undocumented immigrants cur- covery of penicillin and other anti- have invested so much time and energy rently residing in the U.S. biotics, diseases of bacterial origin rein educating Members of Congress as Fully cognizant of the failures and main a real and increasing threat to well as the public on this critical issue. abuses of previous temporary worker public health. Overuse of medically im- I am pleased to join Senator KEN- programs, I am committed to ensuring portant antibiotics in humans and ani- NEDY in introducing legislation today that this new program prevents abuse mals promotes resistance in bacteria. that will address this crucial issue. I and protects the rights of workers. Im- Infections caused by resistant bacteria applaud the steps that some businesses portant protections are built into the cannot be treated with traditional have taken voluntarily to discourage new visa program. Complete port- antibiotics. If left unchecked, the prob- use of antibiotics in healthy animals. ability across all sectors will allow lem of bacterial resistance represents It is my hope that our legislation as workers the freedom to leave abusive an impending public health crisis. well as the voluntary efforts by busi- employers and seek work elsewhere. Recogizing the public health threat, nesses across the Nation will help to This program would allow employers to Congress already took steps to curb an- ensure that we have drugs available immediately apply for permanent resi- tibiotic overuse in humans by amend- that are effective in treating diseases dent status on behalf of the employee, ing the Public Health Service Act and for many years to come. but unlike previous programs, this bill the Public Health Threats and Emer- would allow workers self-petition after By Mr. MCCAIN: gencies Act. Unfortunately, the issue 3 years so that no employer could use S. 1461. A bill to establish two new of antibiotic overuse in animals has residency status to manipulate and categories of nonimmigrant workers, not been addressed in Federal law. abuse any worker. Additionally, all We recognize the value of antibiotics and for other purposes; to the com- U.S. labor laws are applicable to ensure in treating disease in humans and ani- mittee on the Judiciary. full worker protection. mals. Unfortunately, it is common Mr. MCCAIN. Mr. President, in the In another departure from previous practice to put antibiotics, which are aftermath of the September 11 attacks, visa programs, this legislation does not similar or identical to those used in our Nation awoke to the realization put a finite number on the available human medicine, in the food or water that we are not as safe as we once be- visas, rather it is designed to allow the of healthy animals intended for human lieved. Soon after, we began critical ef- market to dictate the need for workers. consumption to promote these animals’ forts to improve our homeland secu- Through the establishment of a job growth and compensate for their un- rity. Those efforts remain ongoing registry system, U.S. employers in sanitary conditions. This practice today. As we work to improve the secu- need of workers can post available jobs poses an environmental threat and rity of our homeland, securing our bor- on this registry. To ensure that U.S. jeopardizes the effectiveness of these ders remains one of the most difficult workers do not lose out on valuable job drugs in treating ill people and ani- and important challenges facing our opportunities, each job posted on the mals. Our legislation provides for the Nation today. The simple fact is, our registry must be available to U.S. phased elimination of nontherapeutic borders are not secure, and no amount workers for a minimum of 14 days be- use of medically important antibiotics of money, equipment, or manpower fore it is open to a foreign worker. Ad- in food animals unless such usage is alone will not ensure the safety of our ditionally, to ensure that we do not deemed safe through rigorous scientific Nation. incentivize employers to look abroad evaluation. Over the past several years, I have Foodborne illness affects millions of supported many efforts to improve bor- for labor that is less expensive than the Americans each year and is estimated der security and address the repercus- domestic workforce, all employers will to cost the economy up to $35 billion sions of poor enforcement and failed be charged a fee for the worker’s visa. annually in medical expenses and lost immigration policies. It is imperative The second visa program included in productivity alone. Tragically, the that we not shirk from what are Fed- this bill addresses the estimated 6 to 10 worst foodborne illnesses cause thou- eral responsibilities. We must address million people currently residing in the sands of deaths and disproportionally the many unfunded mandates born by United States. Today, undocumented target the very young and the elderly States and local communities because immigrants live in constant fear, in a each year in the United States. The im- control of immigration is principally shadowy underground that affords pact of foodborne illness in developing the responsibility of the Federal Gov- them limited opportunities and fre- countries is even more severe. By ernment. We must continue efforts de- quently leads to both exploitation and itself, the magnitude of this public signed to improve infrastructure and abuse. Establishing a process by which health hazard necessitates action to technology at and between our ports of this population can voluntarily come ensure the safety of our food supply. I entry as well as enhance coordination forward and seek legal status is a nec- hope the improved data collection and between Federal, State and local law essary component to comprehensive monitoring of antibiotics used in food enforcement personnel. However, with- immigration reform and ensuring the animals included in our legislation will out comprehensive immigration re- safety of our Nation. help provide a more complete picture form, all of these efforts will be ineffec- Under this bill, every undocumented of the contributing factors to these tive and meaningless. individual currently residing in the devastating illnesses. In order to address these concerns U.S. will have the opportunity to ob- Our legislation provides for research and to balance the need to secure our tain a visa authorizing them to remain and demonstration grants to colleges borders while addressing the inconsist- in the United States and work for 3 and universities to exploit advances in encies and contradictions of our Na- years, after which time they may apply biotechnology and animal science to tion’s immigration policy, I am intro- for the temporary worker visa program discover new, safer methods of inexpen- ducing the Border Security and Immi- which has a built in path to permanent sive, responsible agricultural produc- gration Improvement Act. This bill is legal residency. tivity. We appreciate the good inten- the first comprehensive immigration Every year, millions of people enter tions of the many farmers across our reform package introduced this Con- this country legally, in a monitored

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.055 S25PT1 S9970 CONGRESSIONAL RECORD — SENATE July 25, 2003 and controlled manner. Although a ma- freeing up Federal agents to monitor ‘‘(I) will use such system to verify the jority enter legally, an increasing num- the border and focus their efforts on alien’s identity and employment authoriza- ber of people risk their lives to cross the individuals who do pose a potential tion after such approval and before the com- our borders illegally. According to the mencement of employment; threat to our national security. ‘‘(II) will advise the alien of any noncon- U.S. Border Patrol apprehension statis- We can no longer afford to bury our firmation with respect to the alien provided tics, it is estimated that almost 4 mil- heads in the sand and expect this prob- by such system; and lion people crossed our borders ille- lem to go away. Anyone who has vis- ‘‘(III) will provide the alien an opportunity gally in 2002. The majority of these ited the border and seen the challenges to correct the information in the system people are seeking the American we face first hand or who hears of the causing such nonconfirmation before revok- dream, looking for a good paying job number of unnecessary deaths, must ing the offer of employment in order that the that will enable them to provide a bet- recognize that we can no longer ignore requirement of subclause (I) is satisfied before the commencement of employment; ter life for themselves and their fami- this problem. It is time we dispense ‘‘(ii) will provide the nonimmigrant the lies. We must recognize that as long as with partisan politics and put human same benefits, wages, and working condi- there are jobs available and employers lives and our national security above tions provided to other employees similarly in need of workers, people will con- special interest groups. I hold no illu- employed in the same occupation at the tinue to migrate. Our Nation was built sions. Reforming our Nation’s immi- place of employment; by immigrants, and like those who gration laws will not be an easy task. ‘‘(iii) will require the nonimmigrant to came hundreds of years ago, this popu- This will be a long and arduous proc- work hours commensurate with those of lation represents a significant portion such other employees; ess, however we must not let the dif- ‘‘(iv) will not ask the nonimmigrant to re- of our workforce. ficulty dissuade us from trying, and frain from accepting work for any compet- In recent years, improved security this legislation represents a meaning- itor of the employer; and enhanced infrastructure in Cali- ful first step. I am committed to this ‘‘(v) did not displace and will not displace fornia and Texas have created a fun- issue and to working towards a bal- a United States worker (as defined in section neling effect through the Sonoran anced solution to this crisis. 212(n)(4)) employed by the employer within desert, which straddles Arizona and the I ask unanimous consent that the the period beginning 90 days before and end- Mexican State of Sonora. This is easily text of the bill be printed in the ing 90 days after the date of filing of the petition; and the most treacherous portion of the RECORD. ‘‘(vi) otherwise will comply with all appli- southern border, and in recent years, it There being no objection, the bill was cable Federal, State, and local labor laws, has become more dangerous. Last fiscal ordered to be printed in the RECORD, as including laws affecting migrant and sea- year, an estimated 320 people died follows: sonal agricultural workers, with respect to the nonimmigrant. crossing the southern border into this S. 1461 country, 145 of those deaths were in the ‘‘(b) NONIMMIGRANT VISAS.— Be it enacted by the Senate and House of Rep- Arizona desert. Since last October, ‘‘(1) NO FEE.—Neither the Secretary of resentatives of the United States of America in State, nor the Secretary of Homeland Secu- over 200 people have died, 113 along the Congress assembled, rity, shall authorize the imposition of an ap- Arizona border. The Arizona Republic SECTION 1. SHORT TITLE. plication fee on an alien seeking a non- found that undocumented immigrants This Act may be cited as the ‘‘Border Secu- immigrant visa under section are seven times as likely to die cross- rity and Immigration Improvement Act’’. 101(a)(15)(H)(iv)(a) in an amount that exceeds ing the Arizona-Mexico border now SEC. 2. NEW NONIMMIGRANT WORKER VISA CAT- the actual cost of processing and adjudi- than they were 5 years ago. EGORIES. cating such application. Many people desperate to cross the Section 101(a)(15)(H) of the Immigration ‘‘(2) BIOMETRIC IDENTIFIERS.—The Sec- border pay large sums of money to and Nationality Act (8 U.S.C. 1101(a)(15)(H)) retary of State and the Secretary of Home- land Security shall issue to aliens obtaining human smugglers who guarantee their is amended— (1) by striking ‘‘or (iii)’’ and inserting status under section 101(a)(15)(H)(iv)(a) only entrance into the U.S. Our Nation wit- ‘‘(iii)’’; and machine-readable, tamper-resistant visas nessed the extreme danger of human (2) by striking ‘‘and the alien spouse’’ and and other travel and entry documents that smugglers first hand in May when 100 inserting the following: use biometric identifiers. The Secretary of State and the Secretary of Homeland Secu- people were found packed into a trac- ‘‘or (iv)(a) subject to section 218A, who is rity shall jointly establish document authen- tor trailer truck at a truck stop in Vic- coming to the United States to fill a job op- tication standards and biometric identifier toria, TX. These people, abandoned by portunity for temporary full-time employ- standards to be employed on such visas and ment at a place in the United States; or (b) their smugglers, were trapped for hours other travel and entry documents from whose status is adjusted under section 251 in the extreme desert heat. Nineteen among those biometric identifiers recognized and who (except in the case of a spouse or people died as a result. by domestic and international standards or- child provided derivative status) is employed These are not merely numbers, these ganizations. in the United States; and, except as provided figures represent men, women, and ‘‘(3) PHYSICAL EXAMINATION.—Prior to the in sections 218A and 251, the alien spouse’’. children. This unnecessary loss of issuance of a nonimmigrant visa to any alien human life deserves our Nation’s atten- SEC. 3. ADMISSION OF TEMPORARY H–4A WORK- under section 101(a)(15)(H)(iv)(a), the con- ERS. sular officer shall require such alien to sub- tion and should compel all of us to ac- (a) IN GENERAL.—Chapter 2 of title II of the tion. Our current border and immigra- mit to a medical examination to ascertain Immigration and Nationality Act (8 U.S.C. whether such alien is ineligible to receive a tion policies create a contradictory sit- 1181 et seq.) is amended by inserting after visa on a health-related ground. section 218 the following: uation whereby we attempt to keep ‘‘(4) PRIORITY FOR VISITOR VISAS FOR IMME- people from crossing our borders ille- ‘‘ADMISSION OF TEMPORARY H–4A WORKERS DIATE RELATIVES.—In the case of an alien gally but reward those who survive the ‘‘SEC. 218A. (a) PETITION.—In the case of a who is the spouse, parent, son, or daughter of dangerous journey with bountiful em- petition under section 214(c) initially to a nonimmigrant described in section ployment opportunities. This system is grant an alien nonimmigrant status de- 101(a)(15)(H)(iv), if the alien is applying for a not sustainable. scribed in section 101(a)(15)(H)(iv)(a), the nonimmigrant visa under section In addition to the human tragedy, Secretary of Homeland Security— 101(a)(15)(B)— this mass migration also represents a ‘‘(1) shall impose a fee on the petitioning ‘‘(A) the alien’s application shall be given employer of— priority; and threat to our national security. Al- ‘‘(A) $1000, in the case of an employer em- ‘‘(B) notwithstanding sections 214(b) and though over 99 percent of the people ploying more than 500 employees; or 291, in establishing that the alien has a resi- crossing our borders do not intend to ‘‘(B) $500, in the case of any other em- dence in a foreign country which the alien harm Americans, we must be cognizant ployer; and has no intention of abandoning, the burden of the fact that a small number do. As ‘‘(2) shall approve the petition only after of proof required shall not be greater than a long as we are unable to control and determining that the petitioning employer— preponderance of the evidence. monitor who enters our country and ‘‘(A) has satisfied the recruitment require- ‘‘(5) VISITS OUTSIDE UNITED STATES.—Pursu- what they bring in, Americans will not ments of subsection (i); and ant to regulations established by the Sec- ‘‘(B) has attested in such petition that the retary of Homeland Security, an alien hav- be safe. We must establish a system by employer— ing status as a nonimmigrant described in which to allow people seeking work to ‘‘(i) with respect to the employment eligi- section 101(a)(15)(H)(iv)(a) may make brief enter the country in a safe manner, bility confirmation system established under visits outside the United States and may be through controlled ports of entry— subsection (j)— readmitted without having to obtain a new

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visa. Such periods of time spent outside the ‘‘(B) may impose a civil money penalty in ‘‘(h) ADJUSTMENT TO LAWFUL PERMANENT United States shall not cause the period of an amount not to exceed $5,000 for each non- RESIDENT STATUS.— authorized admission in the United States to immigrant with respect to whom such a fail- ‘‘(1) IN GENERAL.—For purposes of adjust- be extended. ure occurs. ment of status under section 245(a), employ- ‘‘(c) PERIOD OF AUTHORIZED ADMISSION.— ‘‘(e) PORTABILITY.— ment-based immigrant visas shall be made ‘‘(1) INITIAL PERIOD.—In the case of a non- ‘‘(1) IN GENERAL.—A nonimmigrant alien available without numerical limitation to an immigrant described in section described in paragraph (2) who was pre- alien having nonimmigrant status described 101(a)(15)(H)(iv)(a), the initial period of au- viously issued a visa or otherwise provided in section 101(a)(15)(H)(iv)(a) upon the filing thorized admission as such a nonimmigrant nonimmigrant status under section of a petition for such a visa— shall be 3 years. 101(a)(15)(H)(iv)(a) is authorized to accept ‘‘(A) by the alien’s employer; or ‘‘(2) RENEWALS.— new employment upon the filing by the pro- ‘‘(B) by the alien, but only if the alien has ‘‘(A) IN GENERAL.—The Secretary of Home- spective employer of a new petition on be- maintained such nonimmigrant status for at land Security may extend such period not half of such nonimmigrant as provided under least 3 years. more than once, in a 3-year increment. subsection (a). The Secretary of Homeland ‘‘(2) CONSTRUCTION.—The fact that an alien Security shall impose a fee for such a peti- ‘‘(B) TREATMENT OF LONG-TERM EMPLOY- is the beneficiary of a petition described in tion consistent with the fee imposed under EES.—In any case in which a nonimmigrant paragraph (1), or has otherwise sought per- has held a job for 3 years or more, an exten- subsection (a)(1). Employment authorization manent residence in the United States, shall sion under subparagraph (A) may be granted shall continue for such alien until the new not constitute evidence of ineligibility for only upon the filing of a petition by the non- petition is adjudicated. If the new petition is nonimmigrant status under section denied, no other such petition is pending, immigrant’s employer establishing that— 101(a)(15)(H)(iv)(a). and the alien has ceased employment with ‘‘(i) not earlier than 2 months prior to such ‘‘(3) SPECIAL RULE FOR FORMER H–4B NON- the previous employer, such authorization filing, the employer advertised the avail- IMMIGRANTS.—In the case of an alien who was shall cease and the alien shall be required to ability of the nonimmigrant’s job exclu- a nonimmigrant described in section return to the country of the alien’s nation- sively to United States workers for not less 101(a)(15)(H)(iv)(b) before obtaining a change ality or last residence in accordance with than 14 days using the electronic job registry in nonimmigrant status to that of a non- subsection (c)(3). described in subsection (i); and immigrant under section 101(a)(15)(H)(iv)(a), ‘‘(2) ALIENS DESCRIBED.—A nonimmigrant ‘‘(ii) the employer offered the job to any el- in determining admissibility for purposes of alien described in this paragraph is a non- igible United States worker who applied by adjustment of status under section 245(a), immigrant alien— the grounds for inadmissibility specified in means of such registry and was equally or ‘‘(A) who has been lawfully admitted into paragraphs (6)(A), (6)(B), (6)(C), (7)(A), and better qualified for such job and available at the United States; (9)(B) of section 212(a) shall not apply. the time and place of need. ‘‘(B) on whose behalf an employer has filed (C) NO FEES.—The Secretary of Homeland a nonfrivolous petition for new employment ‘‘(i) MANDATORY USE OF ELECTRONIC JOB Security shall not impose a fee on a peti- not later than 45 days after the last date on REGISTRY.— tioning employer in the case of a petition to which the employee was lawfully employed ‘‘(1) ADVERTISEMENT OF JOB OPPORTUNITY extend the stay of an alien having non- in the United States; and TO U.S. WORKERS.—In order to satisfy the re- immigrant status described in section ‘‘(C) who, subsequent to such lawful admis- cruitment requirements of this subsection, 101(a)(15)(H)(iv)(a). sion, has not been employed without author- the employer shall have— ‘‘(3) LOSS OF EMPLOYMENT.— ization in the United States. ‘‘(A) taken good faith steps to recruit ‘‘(A) IN GENERAL.—Subject to subsection ‘‘(f) TREATMENT OF SPOUSES AND CHIL- United States workers for the job for which (e), any period of authorized admission of an DREN.— the nonimmigrant is sought, including ad- alien having nonimmigrant status described ‘‘(1) SPOUSES.—A spouse of an alien having vertising the job opportunity exclusively to in section 101(a)(15)(H)(iv)(a) shall terminate nonimmigrant status described in section United States workers for not less than 14 if the nonimmigrant is unemployed for 45 or 101(a)(15)(H)(iv)(a) shall not be eligible for days on an electronic job registry estab- more consecutive days. derivative status by accompanying or fol- lished by the Secretary of Labor (or a des- ‘’(B) RETURN TO FOREIGN RESIDENCE.—An lowing to join the alien. Such a spouse may ignee of the Secretary, which may be a non- alien whose period of authorized admission obtain status under section governmental entity) to carry out this sec- terminates under subparagraph (A) shall be 101(a)(15)(H)(iv)(a) based only on an inde- tion; required to return to the country of the pendent petition filed by an employer peti- ‘‘(B) offered the job to any United States alien’s nationality or last residence. tioning under subsection (a) with respect to worker who applied by means of such reg- ‘‘(C) VISA VALIDITY.—An alien whose period the employment of the spouse. istry and was equally or better qualified for of authorized admission terminates under ‘‘(2) CHILDREN.—A child of an alien having the job for which the nonimmigrant was subparagraph (A), and who returns to the nonimmigrant status described in section sought; and country of the alien’s nationality or last res- 101(a)(15)(H)(iv)(a) shall not be eligible for ‘‘(C) advertised and offered the job to indi- idence under subparagraph (B), may reenter the same nonimmigrant status unless— viduals other than United States workers the United States on the basis of the same ‘‘(A) the child is accompanying or fol- solely by means of such registry and after visa to resume the status existing at the lowing to join the alien; and the termination of such 14-day period. time of the alien’s departure if the alien sat- ‘‘(B) the alien is the sole custodial parent ‘‘(2) EXCEPTION.—The requirements of this isfies all the other requirements otherwise of the child or both custodial parents of the subsection shall not apply to any employer applicable to an alien seeking an initial child have obtained such status. who is continuing— grant of status under section ‘‘(3) SPECIAL RULE FOR SPOUSES AND CHIL- ‘‘(A) employment of an employee granted a 101(a)(15)(H)(iv)(a). The period of authorized DREN OF FORMER H–4B NONIMMIGRANTS.—In change in nonimmigrant status from that of admission of an alien entering under this the case of a spouse or child of an alien who a nonimmigrant under section subparagraph shall expire on the date on was a nonimmigrant described in section 101(a)(15)(H)(iv)(b) to that of a nonimmigrant which it would have expired had the alien 101(a)(15)(H)(iv)(b) before obtaining a change under section 101(a)(15)(H)(iv)(a); or not been required to depart the United in nonimmigrant status to that of a non- ‘‘(B) self-employment after being granted States. immigrant under section 101(a)(15)(H)(iv)(a), such a change in status. ‘‘(d) RETURN TRANSPORTATION.— the spouse or child shall be eligible for non- ‘‘(3) AVAILABILITY OF JOB REGISTRY INFOR- ‘‘(1) IN GENERAL.—In the case of an alien immigrant status under section MATION.— who is provided nonimmigrant status under 101(a)(15)(H)(iv)(a) if the principal alien is ‘‘(A) CIRCULATION IN INTERSTATE EMPLOY- section 101(a)(15)(H)(iv)(a) and who is dis- the only alien among them authorized to be MENT SERVICE SYSTEM.—The Secretary of missed without cause from employment by employed in the United States. Labor shall ensure that job opportunities ad- the employer before the end of the period of ‘‘(g) GROUNDS FOR INELIGIBILITY.— vertised on the electronic job registry estab- authorized admission, the employer shall be ‘‘(1) BAR TO FUTURE VISAS FOR CONDITION lished under this subsection are circulated liable for the reasonable costs of return VIOLATIONS.—Any alien having non- through the interstate employment service transportation of the alien abroad and may immigrant status described in section system and otherwise furnished to State not require or permit the alien to reimburse, 101(a)(15)(H)(iv)(a) shall not again be eligible public employment services throughout the or otherwise compensate, the employer for for the same nonimmigrant status if the country. part or all of such costs. alien violates any term or condition of such ‘‘(B) INTERNET.—Consistent with sub- ‘‘(2) CIVIL MONEY PENALTY.—If the Sec- status. section (c)(2)(B) and this subsection, the Sec- retary of Homeland Security finds, after no- ‘‘(2) ALIENS UNLAWFULLY PRESENT.—Any retary of Labor shall ensure that the elec- tice and opportunity for a hearing, a failure alien who enters the United States after Au- tronic job registry established under this to meet a condition of paragraph (1), the Sec- gust 1, 2003, without being admitted or pa- subsection may be accessed by all interested retary— roled shall be ineligible for nonimmigrant workers, employers, and labor organizations ‘‘(A) shall require the employer to pay status described in section 101(a)(15)(H)(iv)(a) by means of the Internet. each nonimmigrant with respect to whom during the 3-year period beginning on the ‘‘(4) DEFINITION.—For purposes of this sub- such a failure occurs the costs owed under date of such alien’s departure or removal section, the term ‘United States worker’ paragraph (1); and from the United States, means an individual who—

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.058 S25PT1 S9972 CONGRESSIONAL RECORD — SENATE July 25, 2003 ‘‘(A) is a citizen or national of the United sponsible for administration of the system, tablished under subsection (j) to verify a States; or shall use the information maintained by the nonimmigrant’s identity and employment ‘‘(B) is an alien who is lawfully admitted Commissioner to assist in confirming (or not authorization before the commencement of for permanent residence, is admitted as a confirming) the identity and employment employment, or any other violation of sub- refugee under section 207, is granted asylum eligibility of an individual in a manner that section (a)(2)(B)(i), the Secretary may im- under section 208, or is an immigrant other- is determined by the Secretary of Homeland pose a civil money penalty in an amount not wise authorized, by this Act or by the Sec- Security to be reliable, secure, not suscep- to exceed $5,000 for each nonimmigrant with retary of Homeland Security, to be em- tible to identity theft, and to minimize respect to whom such a violation occurs. ployed. fraud. The Commissioner shall not disclose ‘‘(4) WAGE PROTECTIONS.—For purposes of ‘‘(j) EMPLOYMENT ELIGIBILITY CONFIRMA- or release social security information (other subsection (a)(2)(B)(ii), all provisions of Fed- TION SYSTEM.— than such confirmation or nonconfirmation). eral, State, and local law pertaining to pay- ‘‘(1) IN GENERAL.—The Secretary of Home- ‘‘(6) RESPONSIBILITIES OF THE SECRETARY.— ment of wages shall apply to nonimmigrants land Security shall establish a confirmation As part of the confirmation system, the Sec- described in section 101(a)(15)(H)(iv)(a) in the system through which the Secretary (or a retary of Homeland Security, in consultation same manner as they apply to other employ- designee of the Secretary, which may be a with the entity responsible for administra- ees similarly employed in the same occupa- nongovernmental entity)— tion of the system, shall establish a reliable, tion at the place of employment. ‘‘(A) responds to inquiries made by persons secure method, which, within the time peri- ‘‘(l) LABOR RECRUITERS.—The Secretary of and other entities (including those made by ods specified under paragraphs (2) and (3), Labor shall develop rules regulating the con- the transmittal of data from machine-read- compares the name of the alien, the alien duct of labor recruiters under this section.’’. able documents) at any time through a toll- identification or authorization number, the (b) EXEMPTION FROM NUMERICAL LIMITA- free telephone line or other toll-free elec- date, and the workplace location which are TIONS ON ADJUSTMENT OF STATUS.—Section tronic media concerning an individual’s provided in an inquiry against such informa- 201(b)(1) of the Immigration and Nationality identity and whether the individual is au- tion maintained by the Secretary in order to Act (8 U.S.C. 1151(b)(1)) is amended by adding thorized to be employed; and confirm (or not confirm) the identity and at the end the following: ‘‘(B) maintains records of the inquiries employment eligibility of an individual in a ‘‘(F) Nonimmigrants described in section that were made, of confirmations provided manner that is determined by the Secretary 101(a)(15)(H)(iv)(a) whose status is adjusted (or not provided), and of the codes provided to be reliable, secure, not susceptible to to permanent resident under section 245(a).’’. to inquirers as evidence of their compliance identity theft, and to minimize fraud. (c) CONFORMING AMENDMENT REGARDING with their obligations under the this Act. ‘‘(7) UPDATING INFORMATION.—The Commis- PRESUMPTION OF NONIMMIGRANT STATUS.— ‘‘(2) INITIAL RESPONSE.—The confirmation sioner of Social Security and the Secretary Section 214(b) of the Immigration and Na- system shall provide confirmation or a ten- of Homeland Security shall update their in- tionality Act (8 U.S.C. 1184(b)) is amended by tative nonconfirmation of an individual’s formation in a manner that promotes the striking ‘‘(other than a nonimmigrant de- identity and employment eligibility within 3 maximum accuracy and shall provide a proc- scribed in subparagraph (H)(i), (L), or (V) of working days of the initial inquiry. If pro- ess for the prompt correction of erroneous section 101(a)(15))’’ and inserting ‘‘(other viding confirmation or tentative noncon- information, including instances in which it than a nonimmigrant described in subpara- firmation, the confirmation system shall is brought to their attention in the sec- provide an appropriate code indicating such ondary verification process described in graph (L) or (V) of section 101(a)(15), and confirmation or such nonconfirmation. paragraph (3). other than a nonimmigrant described in clause (i) or (vi)(a) of section 101(a)(15)(H))’’. ‘‘(3) SECONDARY VERIFICATION PROCESS IN ‘‘(8) LIMITATION ON USE.—Notwithstanding CASE OF TENTATIVE NONCONFIRMATION.—In any other provision of law, nothing in this (d) ASSISTANCE TO FOREIGN GOVERN- cases of tentative nonconfirmation, the Sec- subsection shall be construed to permit or MENTS.—The Secretary of Labor and the Sec- retary of Homeland Security shall specify, in allow any department, bureau, or other retary of State shall consult with and advise consultation with the Commissioner of So- agency of the United States Government to foreign governments in the use and construc- cial Security, an available secondary utilize any information, data base, or other tion of facilities to assist their nationals in verification process to confirm the validity records assembled under this subsection for obtaining nonimmigrant status under sec- of information provided and to provide a any other purpose other than as provided for tion 101(a)(15)(H)(iv)(a) of the Immigration final confirmation or nonconfirmation with- under this section or section 251. and Nationality Act, as added by section 2. in 10 working days after the date of the ten- ‘‘(k) ENFORCEMENT OF EMPLOYER OBLIGA- (e) CLERICAL AMENDMENT.—The table of tative nonconfirmation. When final con- TIONS.— contents for the Immigration and Nation- firmation or nonconfirmation is provided, ‘‘(1) IN GENERAL.— ality Act (8 U.S.C. 1101 et seq.) is amended by the confirmation system shall provide an ap- ‘‘(A) SECRETARY OF HOMELAND SECURITY.— inserting after the item relating to section propriate code indicating such confirmation Except as provided in paragraphs (2) and (3), 218 the following: or nonconfirmation. if the Secretary of Homeland Security finds, ‘‘Sec. 218A. Admission of temporary H–4A ‘‘(4) DESIGN AND OPERATION OF SYSTEM.— after notice and opportunity for a hearing, a workers.’’. The confirmation system shall be designed failure to meet a condition of subsection SEC. 4. ADJUSTMENT OF STATUS TO THAT OF H– and operated— (a)(2), the Secretary may impose a civil 4B NONIMMIGRANT. ‘‘(A) to maximize its reliability and ease of money penalty in an amount not to exceed (a) IN GENERAL.—Chapter 5 of title II of the use consistent with insulating and pro- $10,000 for each nonimmigrant with respect Immigration and Nationality Act (8 U.S.C. tecting the privacy and security of the un- to whom such a failure occurs. 1255 et seq.) is amended by inserting after derlying information; ‘‘(B) SECRETARY OF LABOR.—Except as pro- section 250 the following: ‘‘(B) to respond to all inquiries made by vided in paragraphs (2) and (3), the Secretary employers seeking to employ nonimmigrants of Labor exclusively may exercise any en- ‘‘ADJUSTMENT OF STATUS TO THAT OF H–4B described in section 101(a)(15)(H)(iv) on forcement authority granted in the Fair NONIMMIGRANTS whether individuals are authorized to be em- Labor Standards Act of 1938 (29 U.S.C. 201 et ‘‘SEC. 251. (a) IN GENERAL.—The Secretary ployed and to register all times when such seq.) to address a failure to meet a condition of Homeland Security may adjust the status inquiries are not received; of subsection (a)(2). of an alien to that of a nonimmigrant under ‘‘(C) with appropriate administrative, tech- ‘‘(2) PROHIBITION ON FEE REIMBURSEMENT.— section 101(a)(15)(H)(iv)(b) if the alien meets nical, and physical safeguards to prevent un- An employer who has filed a petition under the following requirements: authorized disclosure of personal informa- section 214(c) to grant an alien non- ‘‘(1) UNLAWFUL RESIDENCE SINCE 2003.— tion; and immigrant status described in section ‘‘(A) IN GENERAL.—The alien must establish ‘‘(D) to have reasonable safeguards against 101(a)(15)(H)(iv)(a) may not require the alien that the alien entered the United States be- the system’s resulting in unlawful discrimi- to reimburse, or otherwise compensate, the fore August 1, 2003, and has resided in the natory practices based on national origin or employer for part or all of the cost of the fee United States in an unlawful status since citizenship status, including— imposed under subsection (a)(1). It is a viola- such date and through the date the applica- ‘‘(i) the selective or unauthorized use of tion of this paragraph for such an employer tion is filed under this subsection. the system to verify eligibility; otherwise to accept any reimbursement or ‘‘(B) NONIMMIGRANTS.—In the case of an ‘‘(ii) the use of the system prior to an offer compensation from such an alien as a condi- alien who entered the United States as a of employment; or tion on employment. If the Secretary of nonimmigrant before August 1, 2003, the ‘‘(iii) the exclusion of certain individuals Homeland Security finds, after notice and alien must establish that the alien’s period from consideration for employment as a re- opportunity for a hearing, a violation of this of authorized stay as a nonimmigrant ex- sult of a perceived likelihood that additional paragraph, the Secretary may impose a civil pired before such date through the passage of verification will be required, beyond what is money penalty in an amount not to exceed time or the alien’s unlawful status was required for most job applicants. $10,000 for each such violation. known to the Federal Government as of such ‘‘(5) RESPONSIBILITIES OF THE COMMISSIONER ‘‘(3) REQUIRED USE OF EMPLOYMENT ELIGI- date. OF SOCIAL SECURITY.— BILITY CONFIRMATION SYSTEM.—If the Sec- ‘‘(C) EXCHANGE VISITORS.—If the alien was ‘‘(A) IN GENERAL.—As part of the confirma- retary of Labor finds, after notice and oppor- at any time a nonimmigrant exchange alien tion system, the Commissioner of Social Se- tunity for a hearing, a failure to use the em- (as defined in section 101(a)(15)(J)), the alien curity, in consultation with the entity re- ployment eligibility confirmation system es- must establish that the alien was not subject

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.058 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9973 to the two-year foreign residence require- apply for admission to, or to be admitted to, SEC. 5. INCREASED FUNDS FOR UNITED STATES ment of section 212(e) or has fulfilled that re- the United States in order to apply for ad- EMPLOYMENT SERVICE. quirement or received a waiver thereof. justment of status under this section. There are authorized to be appropriated to ‘‘(2) ADMISSIBLE AS IMMIGRANT.—The alien ‘‘(d) STAY OF REMOVAL.— the Secretary of Labor such additional sums must establish that the alien— ‘‘(1) IN GENERAL.—The Secretary of Home- as may be necessary for fiscal year 2004 and ‘‘(A) is not inadmissible to the United land Security shall provide by regulation for subsequent fiscal years to permit the United States under paragraph (2), (3), or (4) of sec- an alien subject to a final order of deporta- States Employment Service to assist State tion 212(a); tion or removal to seek a stay of such order public employment services in meeting any ‘‘(B) has not been convicted of any felony based on the filing of an application under increased demand for services by employers or misdemeanor committed in the United subsection (a). and persons seeking employment engendered States, excluding crimes related to unlawful ‘‘(2) DURING CERTAIN PROCEEDINGS.—Not- by the amendments made by this Act. entry or presence in the United States and withstanding any provision of the Immigra- crimes related to document fraud under- tion and Nationality Act, the Secretary of By Mr. CHAMBLISS (for himself taken for the purpose of satisfying a require- Homeland Security shall not order any alien and Mr. MILLER): ment of this Act or obtaining a benefit under to be removed from the United States, if the S. 1462. A bill to adjust the boundary this Act; and alien is in exclusion, deportation, or removal of the Cumberland Island Wilderness, ‘‘(C) has not assisted in the persecution of proceedings under any provision of such Act to authorize tours of the Cumberland any person or persons on account of race, re- and has applied for adjustment of status Island National Seashore, and for other ligion, nationality, membership in a par- under subsection (a), except where the Sec- purposes; to the Committee on Energy ticular social group, or political opinion. retary has rendered a final administrative and Natural Resources. ‘‘(3) EMPLOYED.—The alien must establish determination to deny the application. Mr. CHAMBLISS. Mr. President, I that the alien— ‘‘(e) PERIOD OF AUTHORIZED STAY.—In the rise today to introduce the Cumberland ‘‘(A) was employed in the United States be- case of a nonimmigrant described in section fore August 1, 2003, and has worked in the 101(a)(15)(H)(iv)(b), the period of authorized Island National Seashore Wilderness United States since such date and through stay as such a nonimmigrant shall be 3 Boundary Act. With the introduction the date the application is filed under this years. The Secretary of Homeland Security of this important legislation, we will subsection; or may not authorize a change from such non- be able to better preserve and manage ‘‘(B) is the spouse or child of an alien who immigrant classification to any other immi- one of Georgia’s unique islands. The satisfies the requirement of subparagraph grant or nonimmigrant classification until purpose of this bill is to allow for more (A). the termination of such 3-year period. Such efficient management of the Cum- ‘‘(b) APPLICATION FEE.— period may not be extended except in the dis- berland Island National Seashore and ‘‘(1) IN GENERAL.—The Secretary of Home- cretion of the Secretary and for a reasonable land Security shall provide for a fee to be time solely in order to accommodate the to preserve the historical and ecologi- charged for the filing of applications for ad- processing of an application for a change in cal significance of the island. justment of status under this section. Such nonimmigrant status to that of a non- As one of Georgia’s Golden Isles, fee shall be sufficient to cover the adminis- immigrant under section 101(a)(15)(H)(iv)(a) Cumberland Island is truly a historical trative and other expenses incurred in con- pursuant to a petition described in section and ecological masterpiece encom- nection with the review of such applications. 218A(a). passing 36,415 acres. The island con- ‘‘(2) PENALTY PAYMENT.— ‘‘(f) REQUIRED USE OF EMPLOYMENT ELIGI- tains a 5000-year history of human hab- ‘‘(A) IN GENERAL.—In addition to the fee BILITY CONFIRMATION SYSTEM.— itation that is inscribed into the nat- imposed under paragraph (1), except as pro- ‘‘(1) IN GENERAL.—It is unlawful for a per- ural landscape of the island. This his- vided in subparagraph (B), the Secretary of son or other entity to hire for employment Homeland Security may accept an applica- in the United States a nonimmigrant de- tory can be seen by visiting the early tion for adjustment of status under this sec- scribed in section 101(a)(15)(H)(iv)(b) with- Indian burial grounds to the vast plan- tion only if the alien remits with such appli- out— tations that were once home to abun- cation $1,500, but such sum shall not be re- ‘‘(A) using the employment eligibility con- dant corn, cotton, and rice fields, as quired from a child under the age of 17. firmation system established under section well as the workers who tended the ‘‘(B) WAGE GARNISHMENT.— 218A(j) to verify the nonimmigrant’s identity land. And we cannot forget about the ‘‘(i) IN GENERAL.—In lieu of paying the sum and employment authorization before the rich ecological environment found on under subparagraph (A) upon filing the appli- commencement of employment; Cumberland Island. It is one that many cation, an alien may elect to pay such sum ‘‘(B) advising the nonimmigrant of any sea turtles, marsh microorganisms, and by having the Secretary of Homeland Secu- nonconfirmation with respect to the non- abundant shore birds call home rity garnish 10 percent of the disposable pay immigrant provided by such system; and of the alien, in accordance with section 3720D ‘‘(C) providing the nonimmigrant an oppor- amongst the numerous dune fields, salt of title 31, United States Code. tunity to correct the information in the sys- marshes, and maritime forest areas. ‘‘(ii) INTEREST.—In the case of an out- tem causing such nonconfirmation before re- These historic and natural resources standing debt created by an election under voking the offer of employment in order that are important elements of Cumberland clause (i), the Secretary of Homeland Secu- the requirement of subparagraph (A) is satis- Island’s past, present, and future. rity shall charge an annual fixed rate of in- fied before the commencement of employ- As many of you know, I am an avid terest on the debt that is equal to the bond ment. outdoorsman and conservationist. I am equivalent rate of 5-year Treasury notes auc- ‘‘(2) CIVIL MONEY PENALTY.—If the Sec- a supporter of sound wildlife manage- tioned at the final auction held prior to the retary of Labor finds, after notice and oppor- ment and the preservation of our Na- date on which interest begins to accrue. tunity for a hearing, a failure to meet a vio- tion’s unique and complex history. An- ‘‘(iii) FINAL PAYMENT.—Any outstanding lation of paragraph (1), the Secretary may other key point that I wish to make is debt created by an election under clause (i), impose a civil money penalty in an amount and any interest due under clause (ii), shall not to exceed $5,000 for each nonimmigrant that this history has been preserved for be considered delinquent if not paid in full 30 with respect to whom such a violation oc- all of us to see and experience. Under days after the end of the alien’s period of au- curs. the enactment of Public Law 97–250, 96 thorized stay as a nonimmigrant described in ‘‘(g) EXTENSION OF H–4A LABOR PROTEC- Stat. 709, in 1982, Congress designated section 101(a)(15)(H)(iv)(b). TIONS TO H–4B NONIMMIGRANTS.—A person or approximately 8,840 acres of Cum- ‘‘(3) USE OF FUNDS FOR ADMINISTERING PRO- other entity employing a nonimmigrant de- berland Island as wilderness under the GRAM.— scribed in section 101(a)(15)(H)(iv)(b) shall national wilderness preservation sys- ‘‘(A) IN GENERAL.—There is established in comply with the requirements of clauses (ii) tem and authorized an additional 11,718 through (vi) of section 218A(a)(2) in the same the general fund of the Treasury a separate acres to be designated as potential wil- account, which shall be known as the ‘H–4B manner as an employer having an approved Nonimmigrant Applicant Account’. Notwith- petition described in section 218A(a). The derness. Currently, the main road on standing any other section of this title, Secretary of Labor exclusively may exercise the island passes through the des- there shall be deposited as offsetting receipts any enforcement authority granted in the ignated wilderness area. Due to the lo- into the account all fees and penalties col- Fair Labor Standards Act of 1938 (29 U.S.C. cation of the designated wilderness lected under this subsection. 201 et seq.) to address a failure to meet a re- area, access to historic settlements ‘‘(B) EXPENDITURE.—Amounts deposited quirement of this subsection.’’. such as: Plum Orchard Mansion and (b) CLERICAL AMENDMENT.—The table of into the H–4B Nonimmigrant Petitioner Ac- Dungeness, both former homes of An- count shall remain available to the Sec- contents for the Immigration and Nation- ality Act (8 U.S.C. 1101 et seq.) is amended by drew Carnegie descendants; the First retary of Homeland Security until expended African Baptist Church established in to carry out duties related to nonimmigrants inserting after the item relating to section described in section 101(a)(15)(H)(iv)(b). 250 the following: 1893 and rebuilt in the 1930s; as well as ‘‘(c) ADMISSIONS.—Nothing in this section ‘‘Sec. 251. Adjustment of status to that of the High Point/Half Moon Bluff his- shall be construed as authorizing an alien to H–4B nonimmigrant.’’. toric district, is severely restricted.

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.058 S25PT1 S9974 CONGRESSIONAL RECORD — SENATE July 25, 2003 Such restrictions make it extremely SEC. 2. EXCLUSION OF GAIN FROM SALE OF CER- ‘‘(2) APPLICABLE RECAPTURE PERCENTAGE.— difficult for visitors to experience this TAIN FARMLAND. ‘‘(A) IN GENERAL.—For purposes of this sub- (a) IN GENERAL.—Part III of subchapter B unique collection of Georgia’s history section, the applicable recapture percentage of chapter 1 of the Internal Revenue Code of shall be determined from the following table: and diverse ecology. I believe that his- 1986 (relating to items specifically excluded tory and nature can best be appre- from gross income) is amended by adding ‘‘If the recapture The applicable ciated when one is given the oppor- after section 121 the following new section: event occurs in: recapture tunity to experience it first hand. It is ‘‘SEC. 121A. EXCLUSION OF GAIN FROM SALE OF percentage is: vitally important for the unique his- QUALIFIED FARM PROPERTY. Years 1 through 5 ...... 100 ‘‘(a) EXCLUSION.—In the case of a natural tory and ecology of Cumberland Island Year 6 ...... 80 person, gross income shall not include— Year 7 ...... 60 to be properly managed and protected ‘‘(1) 100 percent of the gain from the sale or Year 8 ...... 40 so that many generations to come will exchange of qualified farm property to a Year 9 ...... 20 be able to experience this beautiful first-time farmer (as defined in section Years 10 and thereafter 0. treasure found in the State of Georgia. 147(c)(2)(C) (determined without regard to ‘‘(B) YEARS.—For purposes of subparagraph The nature and history of Cum- clause (i)(II) thereof)) who certifies that the (A), year 1 shall begin on the date of the sale or exchange described in paragraph (1) or (2) berland Island needs to be preserved use of such property shall be as a farm for farming purposes for not less than 10 years of subsection (a). and managed in such a manner that after such sale or exchange, ‘‘(3) RECAPTURE EVENT DEFINED.—For pur- will allow many generations to experi- ‘‘(2) 50 percent of the gain from the sale or poses of this subsection, the term ‘recapture ence this golden treasure of Georgia. exchange of qualified farm property to any event’ means— The Cumberland Island National Sea- other person who certifies that the use of ‘‘(A) CESSATION OF OPERATION.—The ces- shore Wilderness Boundary of 2003 will such property shall be as a farm for farming sation of the operation of any property the do just that. This bill will allow for purposes for not less than 10 years after such sale or exchange of which to the taxpayer is described in paragraph (1) or (2) of subsection greater access to key areas of the is- sale or exchange, and ‘‘(3) 25 percent of the gain from the sale or (a) as a farm for farming purposes. land by removing the Main Road, the exchange of qualified farm property to any ‘‘(B) CHANGE IN OWNERSHIP.— Spur Road to Plum Orchard, as well as other person for any other use. ‘‘(i) IN GENERAL.—Except as provided in the North Cut Road from the pre- ‘‘(b) LIMITATION ON AMOUNT OF EXCLU- clause (ii), the disposition of a taxpayer’s in- viously designated wilderness area. SION.— terest in any property the sale or exchange Further, the bill allows for the addi- ‘‘(1) IN GENERAL.—The amount of gain ex- of which to the taxpayer is described in para- tion of 210 acres to the wilderness area cluded from gross income under subsection graph (1) or (2) of subsection (a). (a) with respect to any taxable year shall not ‘‘(ii) AGREEMENT TO ASSUME RECAPTURE LI- upon acquisition by the National Park exceed $500,000 ($250,000 in the case of a mar- ABILITY.—Clause (i) shall not apply if the Service. I should clarify and stress that ried individual filing a separate return), re- person acquiring such interest in the prop- this bill does not suggest that we open duced by the aggregate amount of gain ex- erty agrees in writing to assume the recap- this land to the public for further habi- cluded under subsection (a) for all preceding ture liability of the person disposing of such tation and degradation of the area’s taxable years. interest in effect immediately before such natural history and ecological habi- ‘‘(2) SPECIAL RULE FOR JOINT RETURNS.—The disposition. In the event of such an assump- tats. The purpose of this bill is very amount of the exclusion under subsection (a) tion, the person acquiring the interest in the simple—I want to improve the manage- on a joint return for any taxable year shall property shall be treated as the taxpayer for be allocated equally between the spouses for purposes of assessing any recapture liability ment and preservation of Cumberland purposes of applying the limitation under (computed as if there had been no change in Island’s history and diverse ecosystem paragraph (1) for any succeeding taxable ownership). so that others in the future will be able year. ‘‘(4) SPECIAL RULES.— to experience and learn about the ‘‘(c) QUALIFIED FARM PROPERTY.— ‘‘(A) NO CREDITS AGAINST TAX.—Any in- treasures of the Golden Isles and all ‘‘(1) QUALIFIED FARM PROPERTY.—For pur- crease in tax under this subsection shall not that they represent. poses of this section, the term ‘qualified be treated as a tax imposed by this chapter farm property’ means real property located It is crucial that Cumberland Island’s for purposes of determining the amount of in the United States if, during periods aggre- any credit under subpart A, B, or D of this history and unique ecosystem is prop- gating 3 years or more of the 5-year period part. erly managed and protected. We want ending on the date of the sale or exchange of ‘‘(B) NO RECAPTURE BY REASON OF HARD- to ensure that these treasures are such real property— SHIP.—The increase in tax under this sub- available to all of our Nation’s citizens ‘‘(A) such real property was used as a farm section shall not apply to any disposition of to experience and enjoy. This bill al- for farming purposes by the taxpayer or a property or cessation of the operation of any member of the family of the taxpayer, and lows Congress to address this issue and property as a farm for farming purposes by ‘‘(B) there was material participation by reason of any hardship as determined by the to make the necessary changes so that the taxpayer (or such a member) in the oper- Cumberland Island can remain as one Secretary.’’. ation of the farm. (b) CONFORMING AMENDMENT.—The table of of Georgia’s treasured Golden Isles for ‘‘(2) DEFINITIONS.—For purposes of this sub- sections for part III of subchapter B of chap- many years to come. section, the terms ‘member of the family’, ter 1 of the Internal Revenue Code of 1986 is ‘farm’, and ‘farming purposes’ have the re- amended by adding after the item relating to By Mr. HAGEL (for himself and spective meanings given such terms by para- section 121 the following new item: graphs (2), (4), and (5) of section 2032A(e). Mr. DORGAN): ‘‘Sec. 121A. Exclusion of gain from sale of PECIAL RULES.—For purposes of this ‘‘(3) S qualified farm property.’’. S. 1464. A bill to amend the Internal section, rules similar to the rules of para- Revenue Code of 1986 to provide an ex- (c) EFFECTIVE DATE.—The amendment graphs (4) and (5) of section 2032A(b) and made by this section shall apply to any sale clusion for gain from the sale of farm- paragraphs (3) and (6) of section 2032A(e) or exchange on or after the date of the enact- land to encourage the continued use of shall apply. ment of this Act, in taxable years ending the property for farming, and for other ‘‘(d) OTHER RULES.—For purposes of this after such date. purposes; to the Committee on Fi- section, rules similar to the rules of subsection (e) and subsection (f) of section 121 By Mr. FRIST (for himself and nance. shall apply. LEXANDER Mr. HAGEL. Mr. President, I ask ‘‘(e) TREATMENT OF DISPOSITION OR CHANGE Mr. A ): S. 1465. A bill to authorize the Presi- unanimous consent that the text of the IN USE OF PROPERTY.— dent to award a gold medal on behalf of bill be printed in the RECORD. ‘‘(1) IN GENERAL.—If, as of the close of any Congress honoring Wilma G. Rudolph, There being no objection, the bill was taxable year, there is a recapture event with respect to any qualified farm property trans- in recognition of her enduring con- ordered to be printed in the RECORD, as ferred to the taxpayer in a sale or exchange tributions to humanity and women’s follows: described in paragraph (1) or (2) of subsection athletics in the United States and the S. 1464 (a), then the tax of the taxpayer under this world; to the Committee on Banking, chapter for such taxable year shall be in- Be it enacted by the Senate and House of Rep- Housing, and Urban Affairs. creased by an amount equal to the product resentatives of the United States of America in Mr. FRIST. Mr. President, today of— Congress assembled, ‘‘(A) the applicable recapture percentage, Senator ALEXANDER and I introduce SECTION 1. SHORT TITLE. and legislation to award a Congressional This Act may be cited as the ‘‘Beginning ‘‘(B) 10 percent of the taxpayer’s adjusted Gold Medal to Clarksville, Tennessee Farmers and Ranchers Tax Incentive Act of basis in the property on the date such prop- native Wilma Rudolph for her contribu- 2003’’. erty was transferred to the taxpayer. tions to women’s athletics and racial

VerDate Jan 31 2003 05:12 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.032 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9975 equality in the United States and the businessperson, a mother, an athlete, a United States history. For many years, world. coach, and a teacher, who passed away on BLM’s primary goal was to convey I take a moment to say a few words November 12, 1994, will forever remain an in- title to unsurveyed lands to the State about this remarkable woman. spiration to all able-bodied and physically- and Native Corporations by tentative Wilma was the 20th of 22 children in challenged individuals in overcoming odds; (5) Wilma G. Rudolph blazed a trail that approval and interim conveyance, re- her packed family. After overcoming helped all people understand the contribu- spectively. This management practice scarlet fever, double pneumonia and tions of women to the world of athletics; allowed the State and Native Corpora- polio, Wilma went onto win three (6) the legacy of Wilma G. Rudolph con- tions to manage their lands, subject Olympic gold medals in track and field. tinues to serve as a particular inspiration to only to the survey of the final bound- She became an international star and a women; and ary. hero to the people of Tennessee. Wilma (7) Wilma G. Rudolph’s life truly embodied This legislation will accelerate re- showed the world that hard work and the American values of hard work, deter- lease of lands for conveyance to Native determination could overcome nearly mination, and love of humanity. coporations and the State of Alaska. It anything. SEC. 2. CONGRESSIONAL GOLD MEDAL. will complete land patterns to allow (a) PRESENTATION AUTHORIZED.—The Presi- Wilma was inducted into the Na- dent is authorized to award to the family of land owners to more efficiently man- tional Track and Field Hall of Fame in Wilma G. Rudolph, on behalf of Congress, a age their land. It will clarify that cer- 1973 and received the Humanitarian of gold medal of appropriate design honoring tain minerals can be transferred to Na- the Year Award of the Special Olym- Wilma G. Rudolph (posthumously) in rec- tive landowners. And frankly, split es- pics in 1985. She was the first woman to ognition of her outstanding and enduring tates can be minimized. The University ever receive the National Collegiate contributions to humanity and to women’s will be given the opportunity to select Athletic Association’s Silver Anniver- athletics, in the United States and the the remaining Federal interests in world. lands the University already owns, sary Award in 1987. And in 1989 earned (b) DESIGN AND STRIKING.—For the purpose the Jackie Robinson Image Award of of the award referred to in subsection (a), the that will likely produce economic op- the National Association for the Ad- Secretary of the Treasury (in this Act re- portunities not presently available vancement of Colored People. Wilma ferred to as the ‘‘Secretary’’) shall strike a under this land lock. remains the only woman ever to have gold medal with suitable emblems, devices, The complexity of land patterns and received the National Sports Award, and inscriptions, to be determined by the uses in Alaska is evident in the pres- which she was granted in 1993. Secretary. ence of federal mining claims that are Wilma Rudolph is an inspiration to SEC. 3. DUPLICATE MEDALS. within lands owned or selected by the all Tennesseans and is eminently de- The Secretary may strike and sell dupli- State of Alaska. Our legislation would cates in bronze of the gold medal struck pur- clarify miners’ right to convert from serving of the Congressional Gold suant to section 2 under such regulations as Medal. the Secretary may prescribe, and at a price Federal to State claims without jeop- I urge my colleagues to confer this sufficient to cover the costs thereof, includ- ardizing ongoing mining operations. At well earned honor. ing labor, materials, dies, use of machinery, the same time, BLM would be allowed I ask unanimous consent that the overhead expenses, and the cost of the gold to expedite conveyances to the State. text of the bill be printed in the medal. Properly maintained Federal claims RECORD. SEC. 4. STATUS AS NATIONAL MEDALS. will continue to be excluded from con- There being no objection, the bill was The medals struck pursuant to this Act are veyance. Entitlements to the State ordered to be printed in the RECORD, as national medals for purposes of chapter 51 of will remain secure. The miner will de- title 31, United States Code. follows: cide when or whether to convert his SEC. 5. FUNDING. S. 1465 (a) AUTHORITY TO USE FUND AMOUNTS.— claims to State claims. Be it enacted by the Senate and House of Rep- There is authorized to be charged against the For too many years, individuals, Na- resentatives of the United States of America in United States Mint Public Enterprise Fund tive corporations and the State have Congress assembled, an amount not to exceed $30,000 to pay for been patiently waiting to receive title SECTION 1. FINDINGS. the cost of the medals authorized by this to their land. In 1958 the State of Alas- Congress finds that— Act. ka was promised 104 million acres of (1) Wilma G. Rudolph of Clarksville, Ten- (b) PROCEEDS OF SALE.—Amounts received land, and has to date received final nessee, the 20th of 22 children, overcame a from the sale of duplicate bronze medals title to only 42 million acres; less than under section 3 shall be deposited in the series of childhood diseases, including scar- half of what is due. Of the 44 million let fever, double pneumonia, and polio, to be- United States Mint Public Enterprise Fund. come an athletic pioneer and champion in acres of land that the Native Corpora- the State of Tennessee, the United States, By Ms. MURKOWSKI: tions are entitled to, only about a third and the world, first as an outstanding bas- S. 1466. A bill to facilitate the trans- has been conveyed or about 15 million ketball player and track athlete in Ten- fer of land in the State of Alaska, and acres. Worse, yet, are the 2,500 parcels nessee, then as a 3-time gold medal winner in for other purposes; to the Committee pending title to Native individuals out the 1960 Olympics in Rome, and finally as a on Energy and Natural Resources. of 16,000 parcels. Almost 14,000 parcels pioneer for racial equality, goodwill, and jus- Ms. MURKOWSKI. Mr. President, the are still awaiting basic adjudication to tice; Alaska Land Transfer Acceleration Act even make a determination of land (2) Wilma G. Rudolph’s winning of 3 gold medals in the 1960 Olympics served as an in- of 2003 will transfer millions of acres of transfer. Too much land is hanging in spiration to athletes of all sports, all races, land to Alaska Natives, the State of the balance that must be surveyed and and both genders; Alaska and to Native Corporations by patented to rightful owners. Between (3) Wilma G. Rudolph’s ability to inspire 2009. The Federal agencies in Alaska now and the sunset of this bill in 2009, endured after her performance in the 1960 have management jurisdiction of over more than 89 million acres must be sur- Olympics, as demonstrated by— 63 percent of the State. It is time to veyed on State and Native Corporation (A) her receipt in 1987 of the National Col- transfer these public lands from Fed- lands. The lands that are awaiting sur- legiate Athletic Association’s Silver Anni- eral Government control to private vey do not include lands that will even- versary Award, the first time a woman ever received the award; ownership. This legislation creates a tually be titled to Native individuals; (B) her receipt of the 1989 Jackie Robinson strategic plan for the Bureau of Land these lands too must first be surveyed. Image Award of the National Association for Management to finally resolve long- While some Native allotments have the Advancement of Colored People standing land survey, land entitlement been conveyed, issues have arisen to (NAACP); issues and land claims issues, some of challenge final conveyance to the land. (C) her induction into the National Track which date back to 1906. Since 1906 Such challenges have included whether and Field Hall of Fame in 1973; Congress has enacted other legislation actual use of land occurred; the loca- (D) her receipt of the 1985 Humanitarian of that requires the BLM to transfer pub- tion of the parcel; or even who should the Year Award of the Special Olympics; and receive title to the land. Sadly, some of (E) her receipt in 1993 of the National lic lands to Alaska Natives, the State Sports Award, the only time a woman has re- of Alaska and to Alaska Native Cor- the original Native allotment appli- ceived the award; porations. cants have died waiting to receive title (4) Wilma G. Rudolph, a graduate of Ten- The land conveyance program is the or have disputes resolved. Oftentimes, nessee State University, a successful largest and most complex of any in the death of an applicant can present

VerDate Jan 31 2003 04:11 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.061 S25PT1 S9976 CONGRESSIONAL RECORD — SENATE July 25, 2003 the agency with chain of title ques- backlog related to all other matters. SUBMITTED RESOLUTIONS tions to determine who the rightful This legislation will create a hearings heir is, causing further delays to get- and appeals process located in Alaska. ting the lands transferred. SENATE RESOLUTION 200—EX- Presently, there are almost 100 appeals PRESSING THE SENSE OF THE Some disputes have been easier to of Alaska decisions pending before the handle than others, resulting in settle- SENATE THAT CONGRESS Interior Board of Land Appeals. It usu- ment through an administrative ap- SHOULD ADOPT A CONFERENCE ally takes this Board several years to peals process. The Federal agencies AGREEMENT ON THE CHILD TAX have been hampered by many adminis- rule on a case, sometimes as long as 3 CREDIT AND ON TAX RELIEF trative and legal obstacles. There have to 5 years. The present process is bro- FOR MILITARY PERSONNEL been court decisions and lawsuit settle- ken. There should never be a process Mr. JOHNSON (for himself, Mr. ments, new legislation creating new that controls the fate of someone’s DASCHLE, Mrs. LINCOLN, Mr. BAUCUS, rights of changing rules midstream. livelihood. Matters requiring resolu- Mr. KENNEDY, Mr. GRAHAM of Florida, Old cases have been reopened that have tion must not sit and languish for Ms. CANTWELL, Mr. CORZINE, and Mr. created new land patterns for adjudica- years without resolution. This practice LEAHY) submitted the following resolution and survey. The administrative is unacceptable and unreasonable. tion; which was referred to the Com- appeals process was designed to be effi- mittee on Finance: Additionally, more than 20 cases are cient, and immediately accessible to S. RES. 200 individuals who believe they have been pending before Administrative Law Whereas the Department of the Treasury adversely impacted by actions taken judges at various Office of Hearings Ap- will begin sending refund checks to tax- by the BLM. It too many instances this peals offices—Virginia, Minnesota and payers reflecting the increase in the child process has resulted in long delays that Utah. The cases currently in their tax credit from $600 to $1,000 for 2003; hinder the BLM from finalizing its hands are Native allotments and min- Whereas over 6,500,000 working families earning between $10,500 and $26,625, which in- work. In the meantime, the applicant ing claims. Substantial delays have re- clude over 12,000,000 children, will not receive suffers at the hands of a process that sulted from the slow pace of scheduling an increase in the child tax credit or a re- generally takes years just for a case to hearings in Alaska. Establishing an fund check; be reviewed for resolution. Alaska hearings unit to handle all Whereas nearly 150,000 United States sol- This legislation will provide the BLM Alaska appeals would significantly diers are in Iraq sacrificing their lives to en- with broader authority for solving sure freedom for Iraqi citizens; speed up the current process. Such a many of the problems associated with Whereas of the 300,000 soldiers in combat new process would be able to routinely land claims affecting all disputes that zones throughout the world, 192,000 will have occur in Alaska. When disputes arise issue decisions within 3 to 6 months of an earned income below $26,625; the close of briefing. Whereas many military families, which in- over the adjudication of land claims, clude 1,000,000 children, will not be eligible BLM needs to have full authority to Challenges likely to emerge on land for the child tax credit unless the Senate work in a more collaborative environ- actions requiring judicial review will Amendment to H.R. 1308 is enacted; and ment with its clientele. be handled by judges located in Alaska. Whereas many military personnel serving This legislation will provide the BLM Moreover, having judges located in in combat zones and many working families the opportunity to caucus with its cli- would be eligible for the child tax credit Alaska, conducting Alaska business, ents. It will allow for a process of nego- under the Senate Amendment to H.R. 1308: would ensure an understanding of the tiation to gain consensus on final reso- Now, therefore, be it Resolved, That it is the sense of the Senate lution of land applications. What has special laws that are applicable to Alaska. In addition, this process would that— been missing all these years is the (1) the committee of conference between flexibility for the Federal agencies to include all land transfer matters, not the Senate and House of Representatives on work in such a cooperative fashion. just claims under the Alaska Native H.R. 1308 should agree to a conference report This new process is intended to be free Claims Settlement Act. before the August recess; (2) any conference report on H.R. 1308 of complicated rules that have plagued To achieve the acceleration of land the agency to finding solutions. Reso- should contain the provisions in the Senate conveyances, we must be able to count Amendment to H.R. 1308 concerning the lution and closure must come quicker. on a consistent level of funding. We do refundability of the child tax credit; Mr. President, I give great credit to (3) any conference report on H.R. 1308 the management and the employees of not want any aspect of the acceleration plan to be hampered. As I pointed out should contain the provisions in the Senate the BLM Alaska for their efforts over Amendment to H.R. 1308 concerning the the years to transfer the land. They earlier, almost 90 million acres must be availability of the child tax credit for mili- have proven to be dedicated and com- surveyed between now and 2009. The tary families; mitted public servants. I believe they BLM is the single agency of the Fed- (4) any conference report on H.R. 1308 have tried to do the right thing; they eral Government that is charged with should contain the provisions in the Armed just need the tools and the resources. the authority and responsibility for Forces Tax Fairness Act of 2003; and (5) any conference report on H.R. 1308 They want to close the books on the surveys and land title record keeping. should contain provisions to fully offset its Alaska conveyance program once and Official survey plats are the Govern- cost. for all, and this bill will help them ment’s record of the boundaries of an f achieve that goal by 2009. area and the description of such sur- In 1973 the Alaska Native Claims Ap- SENATE RESOLUTION 201—DESIG- veyed land is known as the legal land peal Board was established. The Board NATING THE MONTH OF SEP- had jurisdiction over decisions made description. Land title or patents are TEMBER 2003 AS ‘‘NATIONAL under the Alaska Native Claims Settle- based on such plats of survey. And, PROSTATE CANCER AWARENESS ment Act. The Board consisted of four until the land is surveyed, the Alaska MONTH’’ judges, and was able to decide a case Natives, the State of Alaska and the Mr. SESSIONS (for himself, Mr. within 3 to 6 months of the close of Native Corporations will still be wait- REID, Mr. SHELBY, Mr. KERRY, Mr. briefing. It usually had a small back- ing way off into the future for this BROWNBACK, Ms. CANTWELL, Mr. HATCH, log. While the Board was able to act in work to be finalized. Mrs. BOXER, Ms. COLLINS, Mr. a fairly responsive manner, there was The Alaska Land Transfer Accelera- LIEBERMAN, Mr. INHOFE, Mr. BREAUX, criticism the Board did not correctly Mr. DEWINE, Mrs. LINCOLN, Mr. CRAIG, tion Act of 2003 imposes very strict apply general Federal land law prece- Mr. MILLER, Ms. SNOWE, Mr. BAYH, Mr. provisions on the agency to complete dent and that some of their rulings CRAPO, Mr. DOMENICI, Mr. ROBERTS, Mr. were inconsistent with policy of the land conveyances by 2009 to Alaska Na- NELSON of Florida, Mr. GRASSLEY, Mr. Department of the Interior. The Board tives, the State of Alaska and to the DODD, Mr. SMITH, Mr. DURBIN, Mr. was dissolved in 1981. The backlog of Native Corporations. Some might view BUNNING, Mrs. FEINSTEIN, Mr. HAGEL, cases was not necessarily attributed to this plan as ambitious. I view it as Ms. MIKULSKI, Mr. VOINOVICH, Mr. ED- Native Corporation cases; most of the being long overdue. WARDS, Mr. CAMPBELL, Mr. INOUYE, Mr.

VerDate Jan 31 2003 06:29 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.064 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9977 FEINGOLD, Mr. SCHUMER, Ms. LANDRIEU, SENATE CONCURRENT RESOLU- in the Capitol in 1855 and, for the next Mr. DORGAN, Mr. LAUTENBERG, Ms. TION 61—AUTHORIZING AND RE- 25 years, he labored to produce some of STABENOW, and Mrs. CLINTON) sub- QUESTING THE PRESIDENT TO the most bold and moving frescoes and mitted the following resolution; which ISSUE A PROCLAMATION TO murals the world has ever seen. His was considered and agreed to: COMMEMORATE THE 200TH ANNI- paintings and decorations depict the VERSARY OF THE BIRTH OF history, inventions, values and ideals S. RES. 201 CONSTANTINO BRUMIDI of the United States immeasurably en- Whereas countless families in the United Mr. LOTT submitted the following hancing the dignity and beauty of the States have a family member living with concurrent resolution; which was re- Capitol. He designed and decorated on prostate cancer; ferred to the Committee on the Judici- House and Senate committee rooms in Whereas in the United States, 1 man in 6 ary: the Capitol, as well as the Senate Re- will be diagnosed with prostate cancer in his S. CON. RES. 61 ception Room, the Office of the Vice lifetime; Whereas Constantino Brumidi, born in President and the President’s Room. In Whereas between 1993 and 2003, prostate 1856, Brumidi began creating designs cancer has been the most commonly diag- Rome, Italy, on July 26, 1805, landed at New for Senate corridors based on a loggia nosed nonskin cancer and the second most York Harbor on September 18, 1852, as a political exile, making his flight from Italy to common cancer killer of men in the United by Raphael in the Vatican, carefully the United States because of his love for lib- States; integrating American motifs into a erty; Whereas the American Cancer Society esti- classical framework. Whereas Constantino Brumidi’s love for his mates that in the United States, 220,900 men He was very proud of becoming an adopted country led him to seek citizenship American citizen and is reported to will be diagnosed with prostate cancer and 2 years after his arrival; 28,900 men will die of prostate cancer in 2003; Whereas in 1855, Constantino Brumidi have said: ‘‘I no longer wish for fame Whereas 30 percent of new cases of prostate began his artistic work in the Capitol, and and fortune. My one ambition and my cancer occur in men under the age of 65; spent more than 25 years of his life painting, daily prayer is that I may live long Whereas in the United States, as the popu- decorating, and beautifying the corridors, enough to make beautiful the Capitol lation ages, the occurrence of prostate can- committee rooms, and Rotunda of the Cap- of the one country on Earth in which cer will also increase; itol; there is liberty.’’ He did not live long Whereas African Americans suffer from a Whereas Constantino Brumidi created enough to finish his work; but he lived prostate cancer incidence rate that is up to many magnificent paintings and decorations, long enough to make the Capitol in- 60-percent higher than White males and are depicting the history, inventions, values, and ideals of the United States, thus enhancing credibly beautiful. more than twice as likely as White males to The man who labored a quarter cen- die of the disease; the dignity and beauty of the Capitol and in- tury to make the Halls of Congress so Whereas in the United States, a man with spiring millions of visitors; 1 family member diagnosed with prostate Whereas in 1865, Constantino Brumidi magnificent deserves the recognition of cancer has double the risk of developing painted, in just 11 months, his masterpiece the American people. Through this res- prostate cancer, a man with 2 such family ‘‘The Apotheosis of Washington’’ in the can- olution, I believe we will provide ap- opy of the eye of the Capitol dome; members has 5 times the risk, and a man propriate recognition. Whereas in 1871, Constantino Brumidi cre- with 3 such family members has a 97-percent ated the first tribute to an African-American f risk of developing the disease; in the Capitol when he placed the figure of SENATE CONCURRENT RESOLU- Whereas screening by both digital rectal Crispus Attucks at the center of his painting TION 62—HONORING THE SERV- examination (DRE) and prostate specific of the Boston Massacre; antigen blood test (PSA) can diagnose the ICE AND SACRIFICE OF KOREAN Whereas in 1877, at the age of 72, WAR VETERANS disease in earlier and more treatable stages, Constantino Brumidi began his last work, thus reducing prostate cancer mortality; the fresco frieze encircling the top of the Ro- Mr. DASCHLE (for himself, Mr. Whereas developing research promises fur- tunda, and 3 years later fell from a slipped HAGEL, and Mr. LEVIN) submitted the ther improvements in prostate cancer pre- scaffolding and was never able to return to following concurrent resolution; which vention, early detection, and treatment; and work; was considered and agreed to: Whereas educating the people of the United Whereas Constantino Brumidi died as a re- Whereas Sunday, July 27, 2003, marks the States, including health care providers, sult of this experience 3 months later in Feb- 50th anniversary of the armistice ending the about prostate cancer and early detection ruary 1880; Korean War; strategies is crucial to saving the lives of Whereas Constantino Brumidi has been Whereas nearly 1,800,000 members of the men and preserving and protecting families: called ‘‘the Michelangelo of the Capitol’’ by United States Armed Forces answered their Now, therefore, be it historians; and Nation’s call to duty and served in Korea Whereas the year 2005 marks the 200th an- Resolved, That the Senate— during the Korean War; niversary of the birth of Constantino Whereas, during the 3-year period of the (1) designates the month of September 2003 Brumidi, as well as the 150th anniversary of as ‘‘National Prostate Cancer Awareness Korean War, more than 36,500 Americans the beginning of his artistic career in the died and more than 100,000 were wounded in Month’’; Capitol and the 125th anniversary of his some of the bloodiest, most horrific fighting (2) declares that the Federal Government death: Now, therefore, be it in the history of warfare; has a responsibility— Resolved by the Senate (the House of Rep- Whereas the bloodshed and sacrifice of resentatives concurring), That the President is (A) to raise awareness about the impor- these soldiers made possible the development authorized and requested to issue a procla- tance of screening methods and the treat- of a democratic, prosperous, and peaceful Re- mation commemorating the 200th anniver- ment of prostate cancer; public of Korea; sary of the birth of Constantino Brumidi and (B) to increase research funding that is Whereas our troops in Korea were at the commensurate with the burden of the disease calling upon the people of the United States, State and local governments, and interested forefront of a long and difficult struggle so that the causes of, and improved screen- organizations to commemorate this anniver- against Communism and oppression that ul- ing, treatments, and a cure for, prostate can- sary with appropriate ceremonies, activities, timately brought freedom to millions of peo- cer may be discovered; and and programs. ple around the world; (C) to continue to consider ways for im- Whereas the Korean War accelerated the proving access to, and the quality of, health Mr. LOTT. Mr. President, Saturday, final desegregation of the United States care services for detecting and treating pros- July 26, marks the 198th anniversary of Armed Forces and stands as a milestone tate cancer; and the birth of Constantino Brumidi, the along the road to racial equality; and (3) requests the President to issue a procla- great artist who has been called the Whereas it has taken decades for the peo- mation calling upon the people of the United Michelangelo of the Capitol. When, in 2 ple of this Nation to understand and appre- States, interested groups, and affected per- years, the 200th anniversary of ciate the significance of the Korean War and sons to promote awareness of prostate can- Brumidi’s birth is at hand, I believe the the lasting accomplishments of those who cer, to take an active role in the fight to end President should issue a proclamation fought in the war, leaving these veterans without the recognition and respect they so the devastating effects of prostate cancer on commemorating Brumidi’s life. Today, rightfully deserve: Now, therefore, be it individuals, their families, and the economy, I am introducing a resolution author- Resolved by the Senate (the House of Rep- and to observe the month of September 2003 izing such a proclamation. resentatives concurring), That Congress— with appropriate ceremonies and activities. Constantino Brumidi was born in (1) declares its appreciation for the signifi- Rome in 1805 and immigrated to Amer- cant and enduring accomplishments of our ica in 1852. He began his artistic work Nation’s Korean War veterans;

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.067 S25PT1 S9978 CONGRESSIONAL RECORD — SENATE July 25, 2003 (2) remains committed to the ideals of free- ‘‘(vi) $50 for each natural gas, oil, or protection Council to develop risk-based data dom, peace, and democracy on the Korean pane water heater, management systems in State oil and gas Peninsula; and ‘‘(vii) $250 for each geothermal heat pump, agencies to assist States and oil and gas pro- (3) affirms its commitment to preserving ‘‘(viii) $50 for an advanced main air circu- ducers with compliance, economic fore- the memory of those who made the ultimate lating fan, casting, permitting, and exploration. sacrifice in the Korean War, and to edu- ‘‘(ix) $150 for each advanced combination (b) AUTHORIZATION OF APPROPRIATIONS.— cating future generations about the achieve- space and water heating system, There is authorized to be appropriated to ments of our Nation’s Korean War heroes. ‘‘(x) $50 for each combination space and carry out this section $1,000,000 for each fis- water heating system.’’. cal year. f On page 109, line 19, strike ‘‘or propane fur- AMENDMENTS SUBMITTED & nace’’ and insert ‘‘propane furnace, or hot SA 1391. Mr. BINGAMAN (for Mr. PROPOSED water boiler’’ after ‘‘furnace’’. DURBIN (for himself and Ms. COLLINS)) On page 110, line 3, strike lines 1 through 7 proposed an amendment to the bill S. SA 1387. Mr. BINGAMAN (for himself and and insert: Mr. LEAHY) submitted an amendment in- 14, to enhance the energy security of ‘‘(v) an advanced natural gas, oil, or pro- the United States, and for other pur- tended to be proposed by him to the bill S. pane water heater which has an energy fac- 14, to enhance the energy security of the tor of at least 0.80 in the standard Depart- poses; as follows: United States, and for other purposes; which ment of Energy test procedure, Page 209, after line 6, insert: was ordered to lie on the table. ‘‘(vi) a natural gas, oil, or propane water ‘‘SEC. 6 . CONSERVE BY BICYCLING PROGRAM. SA 1388. Mr. BINGAMAN submitted an heater which has an energy factor of at least ‘‘(A) DEFINITIONS.—In this section: amendment intended to be proposed by him 0.65 and less than .080 in the standard De- ‘‘(1) The term ‘program’ means the Con- to the bill S. 14, supra; which was ordered to partment of Energy test procedure, serve by Bicycling Program established by lie on the table. ‘‘(vii) a geothermal heat pump which has subsection (b). SA 1389. Mr. BINGAMAN submitted an an average efficiency ratio (EER) of at least ‘‘(2) The term ‘Secretary’ means the Sec- amendment intended to be proposed by him 21, retary of Transportation. to the bill S. 14, supra; which was ordered to ‘‘(viii) an advanced main air circulating ‘‘(b) ESTABLISHMENT.—There is established lie on the table. fan used in a new natural gas, propane, or within the Department of Transportation a SA 1390. Mr. DOMENICI (for Mr. INHOFE) oil-fired furnace, including main air circu- program to be known as the ‘Conserve by Bi- proposed an amendment to the bill S. 14, lating fans that use a brushless permanent cycling Program’. supra. magnet motor or another type of motor that ‘‘(c) PROJECTS.— SA 1391. Mr. BINGAMAN (for Mr. DURBIN achieves similar or higher efficiency at half ‘‘(1) In carrying out the program, the Sec- (for himself and Ms. COLLINS)) proposed an and full speed, as determined by the Sec- retary shall establish not more than 10 pilot amendment to the bill S. 14, supra. retary, projects that are— SA 1392. Mr. BINGAMAN (for Mr. HARKIN) ‘‘(ix) an advanced combination space and ‘‘(A) dispersed geographically throughout proposed an amendment to the bill S. 14, water heating system which has a combined the United States; and supra. energy factor of at least 0.80 and a combined ‘‘(B) designed to conserve energy resources SA 1393. Mr. BINGAMAN (for Mr. SCHUMER) annual fuel utilization efficiency (AFUE) of by encouraging the use of bicycles in place of proposed an amendment to the bill S. 14, 78 percent or higher in the standard Depart- motor vehicles. supra. ment of Energy test procedure, and ‘‘(2) A pilot project described in paragraph SA 1394. Mr. BINGAMAN (for himself and ‘‘(x) a combination space and water heat- (1) shall— Mr. DOMENICI) proposed an amendment to ing system which has a combined energy fac- ‘‘(A) use education and marketing to con- the bill S. 14, supra. tor of at least 0.65 and less than .080 and a vert motor vehicle trips to bicycles trips; SA 1395. Mr. BINGAMAN (for Mr. LAUTEN- combined annual fuel utilization efficiency ‘‘(B) document project results and energy BERG) proposed an amendment to the bill S. (AFUE) of 78 percent or higher in the stand- savings (in estimated units of energy con- 14, supra. ard Department of Energy test procedure.’’. served); SA 1396. Mr. DOMENICI proposed an ‘‘(C) facilitate partnerships among inter- amendment to the bill S. 14, supra. SA 1388. Mr. BINGAMAN submitted ested parties in at least 2 of the fields of SA 1397. Mr. DOMENICI (for himself and an amendment intended to be proposed transportation, law enforcement, education, public health, environment, and energy; Ms. MURKOWSKI) proposed an amendment to by him to the bill S. 14, to enhance the the bill S. 14, supra. ‘‘(D) maximize bicycle facility invest- SA 1398. Mr. DOMENICI proposed an energy security of the United States, ments; amendment to the bill S. 14, supra. and for other purposes; which was or- ‘‘(E) demonstrate methods that may be SA 1399. Mr. DOMENICI proposed an dered to lie on the table; as follows: used in other regions of the United States; amendment to the bill S. 14, supra. On page 133, strike lines 12 through 16 and and SA 1400. Mr. DOMENICI proposed an insert the following: ‘‘(F) facilitate the continuation of ongoing amendment to the bill S. 14, supra. ‘‘(ii) which has an electrical capacity of no programs that are sustained by local re- SA 1401. Mr. BINGAMAN (for Ms. more than 15,000 kilowatts or a mechanical sources. LANDRIEU) proposed an amendment to the energy capacity of no more than 2,000 horse- ‘‘(3) At least 20 percent of the cost of each bill S. 14, supra. power or an equivalent combination of elec- pilot project described in paragraph (1) shall SA 1402. Mr. FEINGOLD (for himself and trical and mechanical energy capacities,’’. be provided from State or local sources. Mr. BROWNBACK) submitted an amendment On page 134, line 4, strike ‘‘(70 percent’’ and ‘‘(d) ENERGY AND BICYCLING RESEARCH intended to be proposed by him to the bill S. all that follows through ‘‘capacities)’’ on line STUDY.— 14, supra; which was ordered to lie on the 10. ‘‘(1) Not later than 2 years after the date of table. On page 136, strike lines 16 through ‘‘sec- enactment of this Act, the Secretary shall tion 168.’’ on line 22. enter into a contract with the National f Academy of Sciences for, and the National TEXT OF AMENDMENTS SA 1389. Mr. BINGAMAN submitted Academy of Sciences shall conduct and sub- an amendment intended to be proposed mit to Congress, a report on a study on the SA 1387. Mr. BINGAMAN (for himself by him to the bill S. 14, to enhance the feasibility of converting motor vehicle trips and Mr. LEAHY) submitted an amend- to bicycle trips. ment intended to be proposed by him energy security of the United States, ‘‘(2) The study shall— to the bill S. 14, to enhance the energy and for other purposes; which was or- ‘‘(A) document the results or progress of security of the United States, and for dered to lie on the table; as follows: the pilot projects under subsection (c); On page 95, line 17, strike ‘‘ending on—’’ ‘‘(B) determine the type of duration of other purposes; which was ordered to motor vehicle trips that people in the United lie on the table; as follows: and all that follows through ‘‘2007.’’ on line 21 and insert ‘‘ending on December 31, 2007.’’. States may feasibly make by bicycle, taking On page 105, strike lines 6 through 19, and into consideration factors such as weather, insert the following: SA 1390. Mr. DOMENICI (for Mr. land use and traffic patterns, the carrying ‘‘(C) for property described in subsection INHOFE) proposed an amendment to the capacity of bicycles, and bicycle infrastruc- (d)(6)— bill S. 14, to enhance the energy secu- ture; ‘‘(i) $150 for each electric heat pump water rity of the United States, and for other ‘‘(C) determine any energy savings that heater, would result from the conversion of motor ‘‘(ii) $250 for each electric heat pump, purposes; as follows: vehicle trips to bicycle trips; ‘‘(iii) $125 for each advanced natural gas, On page 52, after line 22, add the following: ‘‘(D) include a cost-benefit analysis of in- oil, propane furnace, or hot water boiler, SEC. 1ll. RISK-BASED DATA MANAGEMENT SYS- frastructure investments; and ‘‘(iv) $250 for each central air conditioner, TEMS. ‘‘(E) include a description of any factors ‘‘(v) $150 for each advanced natural gas, oil, (a) IN GENERAL.—The Secretary of Energy that would encourage more motor vehicle or propane water heater, shall make grants to the Ground Water Pro- trips to be replaced with bicycle trips.

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.069 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9979

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— physical Data Preservation Program Act of ‘‘(C) Identify useful studies of data There are authorized to be appropriated to 2003.’ archived under the Program that will ad- carry out this section $6,200,000, to remain ‘‘(b) PROGRAM.—The Secretary of the Inte- vance understanding of the Nation’s energy available until expended, of which— rior shall carry out a National Geological and mineral resources, geologic hazards, and ‘‘(1) $5,150,000 shall be used to carry out and Geophysical Data Preservation Program engineering geology. pilot projects described in subsection (c); in accordance with this section— ‘‘(D) Review the progress of the Program in ‘‘(2) $300,000 shall be used to by the Sec- ‘‘(1) to archive geologic, geophysical, and archiving significant data and preventing retary to coordinate, publicize, and dissemi- engineering data, maps, well logs, and sam- the loss of such data, and the scientific nate the results of the program; and ples; progress of the studies funded under the Pro- ‘‘(3) $750,000 shall be used to carry out sub- ‘‘(2) to provide a national catalog of such gram. section (d).’’. archival material; and ‘‘(E) Include in the annual report to the ‘‘(3) to provide technical and financial as- SA 1392. Mr. BINGAMAN (for Mr. Secretary required under section 5(b)(3) of sistance related to the archival material. the National Geologic Mapping Act of 1992 HARKIN) proposed an amendment to the ‘‘(c) PLAN.—Within 1 year after the date of (43 U.S.C. 31d(b)(3)) an evaluation of the bill S. 14, to enhance the energy secu- the enactment of this section, the Secretary progress of the Program toward fulfilling the rity of the United States, and for other shall develop and submit to the Committee purposes of the Program under subsection purposes; as follows: on Resources of the House of Representatives (b). and the Committee on Energy and Natural On page 290, between lines 19 and 20, insert ‘‘(g) FINANCIAL ASSISTANCE.— Resources of the Senate a plan for the imple- the following: ‘‘(1) ARCHIVE FACILITIES.—Subject to the mentation of the Program. SEC. 8ll. RENEWABLE PRODUCTION OF HYDRO- availability of appropriations, the Secretary ‘‘(d) DATA ARCHIVE SYSTEM.— GEN DEMONSTRATION AND COM- shall provide financial assistance to a State ‘‘(1) ESTABLISHMENT.—The Secretary shall MERCIAL APPLICATION PROGRAM. agency that is designated under subsection establish, as a component of the Program, a (a) IN GENERAL.—The Secretary shall es- (d)(2), for providing facilities to archive en- data archive system, which shall provide for tablish a program to assist projects for the ergy material. the storage, preservation, and archiving of demonstration and commercial application ‘‘(2) STUDIES AND TECHNICAL ASSISTANCE.— subsurface, surface, geological, geophysical of the production of hydrogen from renew- Subject to the availability of appropriations, and engineering data and samples. The Sec- able resources. the Secretary shall provide financial assist- retary, in consultation with the Advisory (b) SCOPE.—A project funded with assistance to any State agency designated under Committee, shall develop guidelines relating ance under this section may include an ele- subsection (d)(2) for studies and technical as- to the data archive system, including the ment other than production of hydrogen if sistance activities that enhance under- types of data and samples to be preserved. the Secretary determines that the element standing, interpretation, and use of mate- ‘‘(2) SYSTEM COMPONENTS.—The system contributes to the overall efficiency and rials archived in the data archive system es- commercial viability of the technology em- shall be comprised of State agencies which elect to be part of the system and agencies tablished under subsection (d). ployed in the project, including— ‘‘(3) FEDERAL SHARE.—The Federal share of (1) joint production of hydrogen and other within the Department of the Interior that maintain geological and geophysical data the cost of an activity carried out with as- commercial products from biomass; and sistance under this subsection shall be no (2) renewable production of hydrogen and and samples that are designated by the Sec- retary in accordance with this subsection. more than 50 percent of the total cost of that use of the hydrogen at a single farm loca- activity. tion. The Program shall provide for the storage of data and samples through data repositories ‘‘(4) PRIVATE CONTRIBUTIONS.—The Sec- (c) COST SHARING; MERIT REVIEW.—A retary shall apply to the non-Federal share project carried out using funds made avail- operated by such agencies. of the cost of an activity carried out with as- able under this section shall be subject to ‘‘(3) LIMITATION OF DESIGNATION.—The Sec- sistance under this subsection the value of the cost sharing and merit review require- retary may not designate a State agency as private contributions of property and serv- ments under sections 982 and 983, respec- a component of the data archive system un- ices used for that activity. tively. less it is the agency that acts as the geologi- ‘‘(h) REPORT.—The Secretary shall include (d) AUTHORIZATION OF APPROPRIATIONS.— cal survey in the State. in each report under section 8 of the Na- There are authorized to be appropriated to ‘‘(4) DATA FROM FEDERAL LANDS.—The data tional Geologic Mapping Act of 1992 (43 carry out this section— archive system shall provide for the U.S.C. 31g)— (1) $10,000,000 for fiscal year 2004; and archiving of relevant subsurface data and ‘‘(1) a description of the status of the Pro- (2) $25,000,000 for each of fiscal years 2005 samples obtained from Federal lands— gram; through 2008. ‘‘(A) in the most appropriate repository designated under paragraph (2), with pref- ‘‘(2) an evaluation of the progress achieved SA 1393. Mr. BINGAMAN (for Mr. erence being given to archiving data in the in developing the Program during the period covered by the report; and SCHUMER) proposed an amendment to State in which the data was collected; and ‘‘(3) any recommendations for legislative the bill S. 14, to enhance the energy se- ‘‘(B) consistent with all applicable law and requirements relating to confidentiality and or other action the Secretary considers nec- curity of the United States and for proprietary data. essary and appropriate to fulfill the purposes other purposes; as follows ‘‘(e) NATIONAL CATALOG.— of the Program under subsection (b). On page 150, after line 14, insert the fol- ‘‘(1) IN GENERAL.—As soon as practicable ‘‘(i) DEFINITIONS.—As used in this section: lowing: after the date of the enactment of this sec- ‘‘(1) ADVISORY COMMITTEE.—The term ‘‘Ad- SEC. 443. PLAN FOR WESTERN NEW YORK SERV- tion, the Secretary shall develop and main- visory Committee’’ means the advisory com- ICE CENTER. tain, as a component of the program, a na- mittee established under section 5 of the Na- Not later than one year after the date of tional catalog that identifies— tional Geologic Mapping Act of 1992 (43 enactment of this Act, the Secretary of En- ‘‘(A) data and samples available in the data U.S.C. 31d). ergy shall transmit to the Congress a plan archive system established under subsection ‘‘(2) SECRETARY.—The term ‘‘Secretary’’ for the transfer to the Secretary of title to, (d); means the Secretary of the Interior acting and full responsibility for the possession, ‘‘(B) the repository for particular material through the Director of the United States transportation, disposal, stewardship, main- in such system; and Geological Survey. tenance, and monitoring of, all facilities, ‘‘(C) the means of accessing the material. ‘‘(3) PROGRAM.—The term ‘‘Program’’ property, and radioactive waste at the West- ‘‘(2) AVAILABILITY.—The Secretary shall means the National Geological and Geo- ern New York Service Center in West Valley, make the national catalog accessible to the physical Data Preservation Program carried New York. The Secretary shall consult with public on the site of the Survey on the World out under this section. the President of the New York State Energy Wide Web, consistent with all applicable re- ‘‘(4) SURVEY.—The term ‘‘Survey’’ means Research and Development Authority in de- quirements related to confidentiality and the United States Geological Survey. veloping such plan. proprietary data. ‘‘(j) MAINTENANCE OF STATE EFFORT.—It is ‘‘(f) ADVISORY COMMITTEE.— the intent of the Congress that the States ‘‘(1) IN GENERAL.—The Advisory Committee SA 1394. Mr. BINGAMAN (for himself not use this section as an opportunity to re- shall advise the Secretary on planning and and Mr. DOMENICI) proposed an amend- duce State resources applied to the activities implementation of the Program. ment to the bill S. 14, to enhance the that are the subject of the Program. ‘‘(2) NEW DUTIES.—In addition to its duties ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— energy security of the United States, under the National Geologic Mapping Act of There is authorized to be appropriated to the and for other purposes; as follows: 1992 (43 U.S.C. 31a et seq.), the Advisory Com- Secretary $30,000,000 for each of fiscal years Strike the text starting on page 43, line 19, mittee shall perform the following duties. through page 49, line 19, and insert the fol- ‘‘(A) Advise the Secretary on developing 2004 through 2008 for carrying out this sec- lowing: guidelines and procedures for providing as- tion.’’ ‘‘SEC. 112. PRESERVATION OF GEOLOGICAL AND sistance for facilities in subsection (g)(1). GEOPHYSICAL DATA. ‘‘(B) Review and critique the draft imple- SA 1395. Mr. BINGAMAN (for Mr. ‘‘(a) SHORT TITLE.—This section may be mentation plan prepared by the Secretary LAUTENBERG) proposed an amendment cited as the ‘National Geological and Geo- pursuant to subsection (c). to the bill S. 14, to enhance the energy

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.072 S25PT1 S9980 CONGRESSIONAL RECORD — SENATE July 25, 2003 security of the United States, and for of the Interior $1,000,000 for fiscal year 2004, ‘‘(II) pledge or encumber any assets of the other purposes; as follows: and $15,000,000 for fiscal year 2005, to remain public utility on behalf of the affiliate or as- available until expended.’’. sociate company; On page 150, line 24, strike ‘‘(tidal and ther- ‘‘(viii)(I) the public utility shall not cross- mal)’’ and insert ‘‘(wave, tidal, current, and SA 1400. Mr. DOMENICI proposed an subsidize or shift costs from the affiliate or thermal)’’. On page 156, line 4, strike ‘‘(tidal and ther- amendment to the bill S. 14, to enhance associate company to the public utility; and mal)’’ and insert ‘‘(wave, tidal, current, and the energy security of the United ‘‘(II) the public utility shall disclose and thermal)’’. States, and for other purposes; as fol- fully value, at the market value or other lows: value specified by the Commission, any assets or services by the public utility that, di- SA 1396. Mr. DOMENICI proposed an On page 305, line 23, strike the word amendment to the bill S. 14, to enhance rectly or indirectly, are transferred to, or ‘‘basic’’. otherwise provided for the benefit of, the af- the energy security of the United filiate or associate company, in a manner States, and for other purposes, as fol- SA 1401. Mr. BINGAMAN (for Ms. that is consistent with transfers among non- lows: LANDRIEU) proposed an amendment to affiliated and nonassociated companies; and On page 90, line 24, strike ‘‘2003 through the bill S. 14, to enhance the energy se- ‘‘(ix) electricity and natural gas consumers 2011’’ and insert ‘‘2004 through 2012’’. curity of the United States, and for and investors shall be protected against the other purposes; as follows: financial risks of public utility diversifica- SA 1397. Mr. DOMENICI (for himself On page 37, line 23, ‘‘year. Where’’ and in- tion and transactions with and among affili- and Ms. MURKOWSKI) proposed an sert ‘‘year, except that where’’. ates and associate companies. amendment to the bill S. 14, to enhance ‘‘(3) NO PREEMPTION.—This subsection does the energy security of the United SA 1402. Mr. FEINGOLD (for himself not preclude or deny the right of any State or political subdivision of a State to adopt States, and for other purposes; as fol- and Mr. BROWNBACK) submitted an amendment intended to be proposed by and enforce standards for the corporate and lows: financial separation of public utilities that On page 40, beginning with line 13, strike him to the bill S. 14, to enhance the en- are more stringent that those provided under all through line 20 and insert: ergy security of the United States, and the regulations under paragraph (2). ‘‘(4) For purposes of this subsection, cal- for other purposes; which was ordered ‘‘(4) PROHIBITION.—It shall be unlawful for culations of payments shall be made using to lie on the table; as follows: a public utility to enter into or take any qualified Outer Continental Shelf revenues On page 465, between lines 10 and 11, insert step in the performance of any transaction received during the previous fiscal year. the following: with any affiliate or associate company in SEC. 1175. AFFILIATE TRANSACTIONS. violation of the regulations under paragraph SA 1398. Mr. DOMENICI proposed an Section 204 of the Federal Power Act (16 (2).’’. amendment to the bill S. 14, to enhance U.S.C. 824c) is amended by adding at the end f the energy security of the United the following: States, and for other purposes; as fol- ‘‘(i) TRANSACTIONS WITH AFFILIATES AND AUTHORITY FOR COMMITTEES TO lows: ASSOCIATED COMPANIES.— MEET ‘‘(1) DEFINITIONS.—In this subsection, the On page 40, strike line 5 and all that fol- SUBCOMMITTEE ON CRIME, CORRECTIONS AND terms ‘affiliate’, ‘associate company’, and lows through line 12, and insert: ‘‘shall not VICTIMS’ RIGHTS ‘public utility’ have the meanings given the disburse such an amount until the final reso- Mr. CRAIG. Mr. President, I ask lution of any appeal regarding the dis- terms in section 1151 of the Energy Policy approval of a plan submitted under this sec- Act of 2003. unanimous consent that the Com- tion or so long as the Secretary determines ‘‘(2) REGULATIONS.— mittee on the Judiciary Subcommittee that such State is making a good faith effort ‘‘(A) IN GENERAL.—The Commission shall on Crime, Corrections and Victims’ to develop and submit, or update, a Coastal promulgate regulations that shall apply in Rights be authorized to meet to con- Impact Assistance Plan.’’. the case of a transaction between a public duct a hearing on ‘‘Alien Smuggling/ utility and an affiliate or associate company of the public utility. Human Trafficking: Sending Meaning- SA 1399. Mr. DOMENICI proposed an ful Messages of Deterrence,’’ on Friday, amendment to the bill S. 14, to enhance ‘‘(B) CONTENTS.—At a minimum, the regulations under subparagraph (A) shall require, July 25, 2003, at 10 a.m., in SD226. the energy security of the United with respect to a transaction between a pub- Panel 1: John Malcomb, Esq., Assist- States, and for other purposes; as fol- lic utility and an affiliate or associate com- ant Attorney General, Criminal Divi- lows: pany of the public utility, that— sion, Department of Justice, Wash- On page 286, strike line 10 and all that fol- ‘‘(i) the affiliate or associate company ington, DC; Mr. Charles Demore, In- lows through page 287, line 21, and insert: shall be an independent, separate, and dis- terim Assistant Director of Investiga- ‘‘SEC. 814. HYDROGEN DEMONSTRATION PRO- tinct entity from the public utility; ‘‘(ii) the affiliate or associate company tions, Department of Homeland Secu- GRAMS IN NATIONAL PARKS. rity, Bureau of Immigration and Cus- ‘‘(a) STUDY.—Not later than 1 year after shall maintain separate books, accounts, the date of enactment of this section, the memoranda, and other records and shall pre- toms Enforcement, Washington, DC; Secretary of the Interior and the Secretary pare separate financial statements; and Mr. Robert L. Harris, Deputy of Energy shall jointly study and report to ‘‘(iii)(I) the public utility shall conduct the Chief, U.S. Border Patrol, Department Congress on— transaction in a manner that is consistent of Homeland Security, Bureau of Cus- ‘‘(1) the energy needs and uses in units of with transactions among nonaffiliated and toms and Border Protection, Wash- the National Park System; and nonassociated companies; and ington, DC. ‘‘(II) shall not use its status as a monopoly ‘‘(2) the potential for fuel cell and other Panel 2: the Honorable Robert hydrogen-based technologies to meet such franchise to confer on the affiliate or asso- energy needs in— ciate company any unfair competitive ad- Charleton, United States Attorney, ‘‘(A) stationary applications, including vantage; District of Arizona, Phoenix, AZ; the power generation, combined heat and power ‘‘(iv) the public utility shall not declare or Honorable Jane Boyle, United States for buildings and campsites, and standby and pay any dividend on any security of the pub- Attorney, Northern District of Texas, backup power systems; and lic utility in contravention of such rules as Dallas, TX; and Sharon Cohn, Esq., ‘‘(B) transportation-related applications, the Commission considers appropriate to Senior Counsel, International Justice including support vehicles, passenger vehi- protect the financial integrity of the public Mission, Washington, DC. utility; cles and heavy-duty trucks and buses. The PRESIDING OFFICER. Without ‘‘(b) PILOT PROJECTS.—Based on the results ‘‘(v) the public utility shall have at least 1 of the study, the Secretary of the Interior independent director on its board of direc- objection, it is so ordered. shall fund not fewer than 3 pilot projects in tors; f units of the National Park System for dem- ‘‘(vi) the affiliate or associate company onstration of fuel cells or other hydrogen- shall not acquire any loan, loan guarantee, DEPARTMENT OF HOMELAND SE- based technologies in those applications or other indebtedness, and shall not struc- CURITY APPROPRIATIONS ACT, where the greatest potential for such use has ture its governance, in a manner that would 2004 been identified. Such pilot projects shall be permit creditors to have recourse against the geographically distributed throughout the assets of the public utility; and On Thursday, July 24, 2003, the Sen- United States. ‘‘(vii) the public utility shall not— ate passed H.R. 2555, as follows: ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(I) commingle any assets or liabilities of Resolved, That the bill from the House of For purposes of this section, there are au- the public utility with any assets or liabil- Representatives (H.R. 2555) entitled ‘‘An Act thorized to be appropriated to the Secretary ities of the affiliate or associate company; or making appropriations for the Department

VerDate Jan 31 2003 06:29 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.084 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9981 of Homeland Security for the fiscal year end- plan for expenditure that has been approved by meet unforeseen emergencies of a confidential ing September 30, 2004, and for other pur- the Committees on Appropriations of the Senate nature, to be expended under the direction of, poses.’’, do pass with the following amend- and the House of Representatives. and to be accounted for solely under the certifi- ment: CUSTOMS AND BORDER PROTECTION cate of, the Under Secretary for Border and Strike out all after the enacting clause and Transportation Security; as authorized by any SALARIES AND EXPENSES insert: Act enforced by the Bureau of Immigration and (INCLUDING TRANSFER OF FUNDS) That the following sums are appropriated, out Customs Enforcement, $2,180,000,000, of which of any money in the Treasury not otherwise ap- For necessary expenses for border security, not to exceed $5,000,000 shall be available until propriated, for the Department of the Homeland immigration, customs, and agricultural inspec- expended for conducting special operations pur- Security for the fiscal year ending September 30, tions and regulatory activities related to plant suant to section 3131 of the Customs Enforce- 2004, and for other purposes, namely: and animal imports, acquisition, lease, mainte- ment Act of 1986 (19 U.S.C. 2081), of which not nance and operation of aircraft; purchase and DEPARTMENT OF HOMELAND SECURITY less than $40,000,000 shall be available until ex- lease of up to 4,500 (3,935 for replacement only) pended for information technology infrastruc- TITLE I—DEPARTMENTAL OPERATIONS, police-type vehicles; contracting with individ- ture, and of which not to exceed $5,000,000 shall MANAGEMENT, AND OVERSIGHT uals for personal services abroad; including not be available to fund or reimburse other Federal OFFICE OF THE SECRETARY AND EXECUTIVE to exceed $1,000,000 to meet unforeseen emer- agencies for the costs associated with the care, MANAGEMENT gencies of a confidential nature, to be expended maintenance, and repatriation of smuggled ille- For necessary expenses of the Office of the under the direction of, and to be accounted for gal aliens: Provided, That in addition, Secretary of Homeland Security as authorized solely under the certificate of, the Under Sec- $424,211,000 shall be transferred from the reve- by section 102 of the Homeland Security Act of retary for Border and Transportation Security; nues and collections in the General Services Ad- 2002 (6 U.S.C. 112) and executive management of as authorized by any Act enforced by the Bu- ministration, Federal Buildings Fund for the the Department of Homeland Security, as au- reau of Customs and Border Protection, Federal Protective Service: Provided further, thorized by law, $83,653,000. $4,366,000,000, of which not to exceed $96,000,000 That none of the funds appropriated shall be shall remain available until September 30, 2005, OFFICE OF THE UNDER SECRETARY FOR available to compensate any employee for over- for inspection technology; of which such sums MANAGEMENT time in an annual amount in excess of $30,000, as become available in the Customs User Fee Ac- except that the Under Secretary for Border and For necessary expenses of the Office of the count, except sums subject to section 13031(f)(3) Transportation Security may waive that amount Under Secretary for Management and Adminis- of the Consolidated Omnibus Budget Reconcili- as necessary for national security purposes and tration, as authorized by sections 701–704 of the ation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be in cases of immigration emergencies: Provided Homeland Security Act of 2002 (6 U.S.C. 341– derived from that account; of which not to ex- further, That of the total amount provided for 344), $167,521,000: Provided, That of the total ceed $150,000 shall be available for payment for activities to enforce laws against forced child amount provided, $30,000,000 shall remain avail- rental space in connection with preclearance labor in fiscal year 2004, not to exceed $1,000,000 able until expended solely for the alteration and operations; of which not to exceed $5,000,000 shall remain available until expended: Provided improvement of facilities and for relocation costs shall be available for payments or advances further, That not later than 180 days after the necessary for the interim housing of the Depart- arising out of contractual or reimbursable agree- date of enactment of this Act, the General Ac- ment’s headquarters’ operations and organiza- ments with State and local law enforcement counting Office shall transmit to Congress a re- tions collocated therewith. agencies while engaged in cooperative activities port on the implementation of the Student and DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS related to immigration: Provided, That none of Exchange Visitor Information System (SEVIS), For development and acquisition of informa- the funds appropriated shall be available to including an assessment of the technical prob- tion technology equipment, software, services, compensate any employee for overtime in an an- lems faced by institutions of higher education and related activities for the Department of nual amount in excess of $30,000, except that the using the system, the need for the detailed infor- Homeland Security, and for the costs of conver- Under Secretary for Border and Transportation mation collected, and an analysis of corrective sion to narrowband communications, including Security may exceed that amount as necessary action being taken by the Department to resolve the cost for operation of the land mobile radio for national security purposes and in cases of problems in SEVIS. immigration emergencies: Provided further, That legacy systems, $185,000,000, to remain available AIR AND MARINE INTERDICTION, OPERATIONS, of the total amount provided for activities to en- until expended. MAINTENANCE AND PROCUREMENT OFFICE OF THE INSPECTOR GENERAL force laws against forced child labor in fiscal year 2004, not to exceed $4,000,000 shall remain For necessary expenses for the operation and For necessary expenses of the Office of the In- available until expended. maintenance of marine vessels, aircraft, and spector General in carrying out the provisions of In addition, for administrative expenses re- other related equipment of the Air and Marine the Inspector General Act of 1978 (5 U.S.C. lated to the collection of the Harbor Mainte- Programs, including operational training and App.), $58,118,000; of which not to exceed nance Fee, pursuant to Public Law 103–182, and mission-related travel, and rental payments for $100,000 may be used for certain confidential notwithstanding section 1511 (e)(1) of Public facilities occupied by the air or marine interdic- operational expenses, including the payment of Law 107–296, $3,000,000 to be derived from the tion and demand reduction programs, the oper- informants, to be expended at the direction of Harbor Maintenance Trust Fund and to be ations of which include the following: the inter- the Inspector General. transferred to and merged with the appropria- diction of narcotics and other goods; the provi- TITLE II—SERVICES tion for ‘‘Salaries and Expenses’’ under this sion of support to Federal, State, and local agencies in the enforcement or administration of CITIZENSHIP AND IMMIGRATION SERVICES heading. laws enforced by the Bureau of Immigration AUTOMATION MODERNIZATION For necessary expenses for citizenship and im- and Customs Enforcement; and at the discretion For expenses for Customs and Border Protec- migration services, including international serv- of the Director of the Bureau of Immigration tion automated systems, $441,122,000, to remain ices, as transferred by and authorized by the and Customs Enforcement, the provision of as- available until expended, of which not less than Homeland Security Act of 2002 (6 U.S.C. 271, sistance to Federal, State, and local agencies in $318,690,000 shall be for the development of the 272), $229,377,000. other law enforcement and emergency humani- Automated Commercial Environment: Provided, TITLE III—SECURITY, ENFORCEMENT, AND tarian efforts, $257,291,000, to remain available That none of the funds appropriated in this Act INVESTIGATIONS until expended. for the Automated Commercial Environment OFFICE OF THE UNDER SECRETARY FOR BORDER may be obligated until the Department of Home- CONSTRUCTION AND TRANSPORTATION SECURITY land Security submits a plan for expenditure For necessary expenses to plan, construct, SALARIES AND EXPENSES that has been approved by the Committees on renovate, equip, and maintain buildings and fa- For necessary expenses of the Office of the Appropriations of the Senate and the House of cilities necessary for the administration and en- Under Secretary for Border and Transportation Representatives. forcement of the laws relating to customs and Security, as authorized by Subtitle A, Title IV, CONSTRUCTION immigration, $26,775,000, to remain available of the Homeland Security Act of 2002 (6 U.S.C. For necessary expenses to plan, construct, until expended. 201–203), $8,842,000. renovate, equip, and maintain buildings and fa- TRANSPORTATION SECURITY ADMINISTRATION UNITED STATES VISITOR AND IMMIGRANT STATUS cilities necessary for the administration and en- INDICATOR TECHNOLOGY forcement of the laws relating to customs and AVIATION SECURITY For necessary expenses for the development of immigration, $90,363,000, to remain available For necessary expenses of the Transportation the United States Visitor and Immigrant Status until expended. Security Administration related to providing Indicator Technology project, as authorized by IMMIGRATION AND CUSTOMS ENFORCEMENT civil aviation security services pursuant to the section 110 of the Illegal Immigration Reform Aviation and Transportation Security Act (49 and Immigration Responsibility Act of 1996 (8 SALARIES AND EXPENSES U.S.C. 40101 note), $4,523,900,000, to remain U.S.C. 1221 note), $380,000,000, to remain avail- (INCLUDING TRANSFER OF FUNDS) available until September 30, 2005, of which able until expended: Provided, That none of the For necessary expenses for enforcement of im- $3,185,000,000 shall be available for screening ac- funds appropriated in this Act for the United migration and customs laws, detention and re- tivities and of which $1,338,900,000 shall be States Visitor and Immigrant Status Indicator movals, investigations; purchase and lease of up available for airport support and enforcement Technology project may be obligated until the to 1,600 (1,450 for replacement only) police-type presence: Provided, That security service fees Department of Homeland Security submits a vehicles; including not to exceed $1,000,000 to authorized under section 44940 of title 49, United

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 6333 E:\CR\FM\A25JY6.088 S25PT1 S9982 CONGRESSIONAL RECORD — SENATE July 25, 2003 States Code, shall be credited to this appropria- $350,000, to be submitted to the Committees on tus bonuses under the National Defense Author- tion as offsetting collections and used for pro- Appropriations of the Senate and the House of ization Act, and for payments for medical care viding civil aviation security services authorized Representatives, on the research and develop- of retired personnel and their dependents under by that section: Provided further, That the sum ment priorities of the Coast Guard and a design chapter 55 of title 10, United States Code, under this heading appropriated from the gen- for a new research and development organiza- $1,020,000,000. eral fund shall be reduced on a dollar-for-dollar tional structure within the Coast Guard that en- UNITED STATES SECRET SERVICE basis as such offsetting collections are received sures that the Coast Guard has access to the SALARIES AND EXPENSES during fiscal year 2004 in order to result in a most advanced technology necessary to perform For necessary expenses of the United States final fiscal year appropriation from the general its missions effectively: Provided further, That Secret Service, including purchase of not to ex- fund estimated at not more than $2,453,900,000: the Commandant may seek an independent enti- ceed 730 vehicles for police-type use, of which Provided further, That any security service fees ty to conduct such a study: Provided further, 610 shall be for replacement only, and hire of collected in excess of the amount appropriated That none of the funds provided by this Act passenger motor vehicles; purchase of American- under this heading shall be treated as offsetting shall be available for expenses incurred for made sidecar compatible motorcycles; hire of air- collections in fiscal year 2005: Provided further, yacht documentation under section 12109 of title craft; services of expert witnesses at such rates That of the total amount provided under this 46, United States Code, except to the extent fees as may be determined by the Director; rental of heading, $309,000,000 shall be available for phys- are collected from yacht owners and credited to buildings in the District of Columbia, and fenc- ical modification of commercial service airports this appropriation: Provided further, That noting, lighting, guard booths, and other facilities for the purpose of installing checked baggage withstanding section 1116(c) of title 10, United on private or other property not in Government explosive detection systems, as authorized by States Code, amounts made available under this ownership or control, as may be necessary to section 367 of title III of Division I of the Con- heading may be used to make payments into the perform protective functions; for payment of per solidated Appropriations Resolution, 2003 (49 Department of Defense Medicare-Eligible Retiree diem or subsistence allowances to employees U.S.C. 47110 note); and $150,500,000 shall be Health Care Fund for fiscal year 2004 under sec- where a protective assignment during the actual available for procurement of checked baggage tion 1116(a) of such title. day or days of the visit of a protectee require an explosive detection systems, including explosive In addition, of the funds appropriated under employee to work 16 hours per day or to remain trace detection systems, as authorized by section this heading in chapter 6 of title I of Public Law overnight at his or her post of duty; the con- 4490 of title 49, United States Code. 108–11 (117 Stat. 583), $71,000,000 are hereby re- ducting of and participating in firearms MARITIME AND LAND SECURITY scinded. matches; presentation of awards; for travel of For necessary expenses of the Transportation ENVIRONMENTAL COMPLIANCE AND RESTORATION Secret Service employees on protective missions Security Administration related to maritime and For necessary expenses to carry out the Coast without regard to the limitations on such ex- land transportation security grants and services Guard’s environmental compliance and restora- penditures in this or any other Act if approval pursuant to the Aviation and Transportation tion functions under chapter 19 of title 14, is obtained in advance from the Committees on Security Act (49 U.S.C. 40101 note), $295,000,000, United States Code, $17,000,000, to remain avail- Appropriations of the Senate and the House of to remain available until September 30, 2005: able until expended. Representatives; for research and development; Provided, That of the total amount provided RESERVE TRAINING for making grants to conduct behavioral re- under this heading, $150,000,000 shall be avail- For all necessary expenses of the Coast Guard search in support of protective research and op- able for port security grants, which shall be dis- Reserve, as authorized by law; maintenance and erations; not to exceed $100,000 to provide tech- tributed under the same terms and conditions as operation of facilities; and supplies, equipment, nical assistance and equipment to foreign law provided for under Public Law 107–117; and and services, $95,000,000. enforcement organizations in counterfeit inves- $30,000,000 shall be available to execute grants, ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS tigations; for payment in advance for commer- contracts, and interagency agreements for the For necessary expenses of acquisition, con- cial accommodations as may be necessary to per- purpose of deploying Operation Safe Commerce. struction, renovation, and improvement of aids form protective functions; $1,114,737,000, of INTELLIGENCE to navigation, shore facilities, vessels, and air- which $1,633,000 shall be available for forensic For necessary expenses for intelligence activi- craft, including equipment related thereto; and related support of investigations of missing ties pursuant to the Aviation and Transpor- maintenance, rehabilitation, lease and oper- and exploited children; and of which $5,000,000 tation Security Act (49 U.S.C. 40101 note), ation of facilities and equipment, as authorized shall be available as a grant for activities re- $13,600,000, to remain available until September by law, $1,035,000,000, of which $23,500,000 shall lated to the investigations of exploited children 30, 2004. be derived from the Oil Spill Liability Trust and shall remain available until expended: Pro- RESEARCH AND DEVELOPMENT Fund; of which $66,500,000 shall be available to vided, That up to $18,000,000 provided for pro- For necessary expenses for research and de- acquire, repair, renovate, or improve vessels, tective travel shall remain available until Sep- velopment related to transportation security, small boats, and related equipment, to remain tember 30, 2005: Provided further, That in fiscal $130,200,000, to remain available until expended: available until expended; of which $178,500,000 year 2004 and thereafter, the James J. Rowley Provided, That of the total amount provided shall be available for other equipment, including Training Center is authorized to provide short- under this heading, $45,000,000 shall be avail- $3,500,000 for defense message system implemen- term medical services for students undergoing able for the research and development of explo- tation and $1,000,000 for oil spill prevention ef- training at the Center. sive detection devices. forts under the Ports and Waterways Safety ACQUISITION, CONSTRUCTION, IMPROVEMENTS, ADMINISTRATION Systems (PAWSS) program, to remain available AND RELATED EXPENSES For necessary administrative expenses of the until expended; of which $70,000,000 shall be For necessary expenses of construction, re- Transportation Security Administration to carry available for personnel compensation and bene- pair, alteration, and improvement of facilities, out the Aviation and Transportation Security fits and related costs; of which $702,000,000 shall $3,579,000, to remain available until expended. Act (49 U.S.C. 40101 note), $433,200,000, to re- be available for the Integrated Deepwater Sys- TITLE IV—ASSESSMENTS, PREPAREDNESS, main available until September 30, 2004. tems program, to remain available until ex- AND RECOVERY pended; and of which $18,000,000 shall be avail- UNITED STATES COAST GUARD able for alteration or removal of obstructive COUNTERTERRORISM FUND OPERATING EXPENSES bridges, to remain available until expended: For necessary expenses, as determined by the (INCLUDING RESCISSION OF FUNDS) Provided, That the Commandant of the Coast Secretary of Homeland Security, $20,000,000, to For necessary expenses for the operation and Guard is authorized to dispose of surplus real remain available until expended, to reimburse maintenance of the Coast Guard not otherwise property, by sale or lease, and the proceeds any Department of Homeland Security organi- provided for; purchase of not to exceed five pas- shall be credited to this appropriation as offset- zation for the costs of providing support to senger motor vehicles for replacement only; pay- ting collections and shall be available only for counter, investigate, or prosecute unexpected ments pursuant to section 156 of Public Law 97– Rescue 21 and shall remain available until ex- threats or acts of terrorism, including payment 377 (42 U.S.C. 402 note); and section 229(b) of pended: Provided further, That funds for bridge of rewards in connection with these activities: the Social Security Act (42 U.S.C. 429(b)) and alteration projects conducted pursuant to the Provided, That any funds provided under this recreation and welfare, $4,719,000,000, of which Act of June 21, 1940 (33 U.S.C. 511 et seq.) shall heading shall be available only after the Sec- $340,000,000 shall be available for defense-re- be available for such projects only to the extent retary notifies the Committees on Appropria- lated activities; and of which $25,000,000 shall be that the steel, iron, and manufactured products tions of the Senate and the House of Represent- derived from the Oil Spill Liability Trust Fund: used in such projects are produced in the United atives in accordance with section 605 of this Act. Provided, That none of the funds appropriated States, unless contrary to law or international FEDERAL LAW ENFORCEMENT TRAINING CENTER by this or any other Act shall be available for agreement, or unless the Commandant of the SALARIES AND EXPENSES administrative expenses in connection with Coast Guard determines such action to be incon- For necessary expenses of the Federal Law shipping commissioners in the United States: sistent with the public interest or the cost un- Enforcement Training Center, including mate- Provided further, That of the total amount pro- reasonable. rials and support costs of Federal law enforce- vided under this heading, funding to operate RETIRED PAY ment basic training; purchase of not to exceed and maintain the Coast Guard Research and For retired pay, including the payment of ob- 117 vehicles for police-type use and hire of pas- Development Center shall continue at the fiscal ligations therefor otherwise chargeable to lapsed senger motor vehicles; for expenses for student year 2003 level: Provided further, That the Com- appropriations for this purpose, payments under athletic and related activities; the conducting of mandant of the Coast Guard shall conduct a the Retired Serviceman’s Family Protection and and participating in firearms matches and pres- study, the cost of which is not to exceed Survivor Benefits Plans, payment for career sta- entation of awards; for public awareness and

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 6333 E:\CR\FM\A25JY6.088 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9983 enhancing community support of law enforce- (2) $30,000,000 for technical assistance; In addition, of the funds appropriated under ment training; room and board for student in- (3) $750,000,000 for discretionary grants for use this heading by Public Law 108–11 (117 Stat. terns; and services as authorized by section 3109 in high-threat urban areas, as determined by 583), $3,000,000 are hereby rescinded. of title 5, United States Code, $172,736,000, of the Secretary of Homeland Security: Provided, RADIOLOGICAL EMERGENCY PREPAREDNESS which up to $44,413,000 for materials and sup- That no less than 80 percent of any grant to a PROGRAM port costs of Federal law enforcement basic State shall be made available by the State to The aggregate charges assessed during fiscal training shall remain available until September local governments within 45 days after the re- year 2004, as authorized by the Energy and 30, 2005: Provided, That in fiscal year 2004 and ceipt of the funds: Provided further, That sec- Water Development Appropriations Act, 2001 thereafter, the Center is authorized to accept tion 1014(c)(3) of the USA PATRIOT Act of 2001 (Public Law 106–377; 114 Stat. 114A–46), shall and use gifts of property, both real and per- (42 U.S.C. 3711) shall not apply to these grants; not be less than 100 percent of the amounts an- sonal, and to accept services, for authorized and ticipated by the Department of Homeland Secu- purposes: Provided further, That in fiscal year (4) $358,000,000 for national programs: rity necessary for its radiological emergency pre- 2004 and thereafter, the Center is authorized to Provided, That none of the funds appropriated paredness program for the next fiscal year. The accept detailees from other Federal agencies, on under this heading shall be used for the con- methodology for assessment and collection of a non-reimbursable basis, to staff the accredita- struction or renovation of facilities: Provided fees shall be fair and equitable; and shall reflect tion function: Provided further, That notwith- further, That funds appropriated for State and costs of providing such services, including ad- standing any other provision of law, in fiscal local law enforcement terrorism prevention ministrative costs of collecting such fees. Fees year 2004 and thereafter, students attending grants under paragraph (1) and discretionary received under this heading shall be deposited in training at any Center site shall reside in on- grants under paragraph (3) of this heading shall this account as offsetting collections and will Center or Center-provided housing, insofar as be available for operational costs, to include become available for authorized purposes on Oc- available and in accordance with Center policy: personnel overtime and overtime associated with tober 1, 2004, and remain available until ex- Provided further, That in fiscal year 2004 and Office for Domestic Preparedness certified train- pended. thereafter, funds appropriated in this account ing as needed: Provided further, That the Sec- DISASTER RELIEF shall be available, at the discretion of the Direc- retary of Homeland Security shall notify the (INCLUDING TRANSFER OF FUNDS) tor, for the following: training United States Committees on Appropriations of the Senate and For necessary expenses in carrying out the Postal Service law enforcement personnel and House of Representatives 15 days prior to the Postal police officers; State and local govern- Robert T. Stafford Disaster Relief and Emer- obligation of any amount of the funds provided gency Assistance Act (42 U.S.C. 5121 et seq.), ment law enforcement training on a space-avail- under paragraphs (1) and (3) of this heading: able basis; training of foreign law enforcement $1,956,000,000, notwithstanding the matter under Provided further, That not later than January the heading ‘‘Disaster Relief’’ under the head- officials on a space-available basis with reim- 1, 2004, the Office of Domestic Preparedness bursement of actual costs to this appropriation, ing ‘‘Federal Emergency Management Agency’’ shall submit to the Committees on Appropria- of chapter II of title I of Public Law 102–229 (42 except that reimbursement may be waived by the tions of the Senate and House of Representa- Secretary for law enforcement training activities U.S.C. 5203), to remain available until expended; tives a report detailing efforts to assess and dis- of which not to exceed $22,000,000 shall be trans- in foreign countries undertaken under section seminate best practices to emergency responders 801 of the Antiterrorism and Effective Death ferred to and merged with the appropriation for which, at a minimum, shall discuss (1) efforts to ‘‘Office of the Inspector General’’ for audits and Penalty Act of 1996 (Public Law 104–32); train- coordinate and share information with State ing of private sector security officials on a investigations: Provided, That the Under Sec- and local officials and emergency preparedness retary for Emergency Preparedness and Re- space-available basis with reimbursement of ac- organizations; and (2) steps the Department pro- tual costs to this appropriation; and travel ex- sponse may provide advanced funding to au- poses to improve the coordination and sharing thorize nonprofit entities performing duties penses of non-Federal personnel to attend of such information, if any. course development meetings and training spon- under the Robert T. Stafford Disaster Relief and FIREFIGHTER ASSISTANCE GRANTS sored by the Center: Provided further, That in Emergency Assistance Act (42 U.S.C. 5131 et fiscal year 2004 and thereafter, the Center is au- For necessary expenses for programs author- seq.) who respond to a disaster declared by the thorized to obligate funds in anticipation of re- ized by section 33 of the Federal Fire Prevention President if the nonprofit entity petitions the imbursements from agencies receiving training and Control Act of 1974 (15 U.S.C. 2201 et seq.), Under Secretary for such advanced funding and sponsored by the Center, except that total obli- $750,000,000, to remain available until September demonstrates that they would be unable to re- gations at the end of the fiscal year shall not 30, 2005: Provided, That up to 5 percent of this spond to the disaster absent such funding. exceed total budgetary resources available at the amount shall be available for program adminis- DISASTER ASSISTANCE DIRECT LOAN PROGRAM end of the fiscal year: Provided further, That in tration. ACCOUNT fiscal year 2004 and thereafter, the Center is au- OFFICE OF THE UNDER SECRETARY FOR For direct loans, as authorized by section 319 thorized to provide short-term medical services EMERGENCY PREPAREDNESS AND RESPONSE of the Robert T. Stafford Disaster Relief and for students undergoing training at the Center. For necessary expenses for the Office of the Emergency Assistance Act (42 U.S.C. 5162): Pro- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, Under Secretary for Emergency Preparedness vided, That gross obligations for the principal AND RELATED EXPENSES and Response as authorized by section 502 of amount of direct loans not to exceed $25,000,000: For expansion of the Federal Law Enforce- the Homeland Security Act of 2002 (6 U.S.C. Provided further, That the cost of modifying ment Training Center, for acquisition of nec- 312), $3,615,000. such loans shall be as defined in section 502 of essary additional real property and facilities, the Congressional Budget Act of 1974 (2 U.S.C. EMERGENCY PREPAREDNESS AND RESPONSE and for ongoing maintenance, facility improve- 661a). In addition, for administrative expenses ments, and related expenses, $28,708,000, to re- OPERATING EXPENSES to carry out the direct loan program, $557,000. main available until expended. (INCLUDING RESCISSION OF FUNDS) NATIONAL PRE-DISASTER MITIGATION FUND OFFICE FOR DOMESTIC PREPAREDNESS For necessary expenses of the Emergency Pre- For a pre-disaster mitigation grant program STATE AND LOCAL PROGRAMS paredness and Response Directorate, pursuant to title II of the Robert T. Stafford For grants, contracts, cooperative agreements, $826,801,000, to remain available until expended, Disaster Relief and Emergency Assistance Act and other activities, including grants to State including activities authorized by the National (42 U.S.C. 5131 et seq.), $150,000,000, to remain and local governments for terrorism prevention Flood Insurance Act of 1968 (42 U.S.C. 4011 et available until expended: Provided, That grants activities, notwithstanding any other provision seq.), the Flood Disaster Protection Act of 1973 made for pre-disaster mitigation shall be award- of law, $2,888,000,000, which shall be allocated (42 U.S.C. 4001 et seq.), the Robert T. Stafford ed on a competitive basis subject to the criteria as follows: Disaster Relief and Emergency Assistance Act in section 203 of the Robert T. Stafford Disaster (1) $1,750,000,000 for grants pursuant to sec- (42 U.S.C. 5121 et seq.), the Federal Fire Preven- Relief and Emergency Assistance Act (42 U.S.C. tion 1014 of the USA PATRIOT Act of 2001 (42 tion and Control Act of 1974 (15 U.S.C. 2201 et 5133(g)): Provided further, That, notwith- U.S.C. 3711), of which $500,000,000 shall be seq.), the Earthquake Hazards Reduction Act of standing section 203(f) of that Act (42 U.S.C. available for State and local law enforcement 1977 (42 U.S.C. 7701 et seq.), the Defense Produc- 5133(f)), grant awards shall be made without terrorism prevention grants: Provided, That no tion Act of 1950 (50 U.S.C. App. 2061 et seq.), reference to State allocations, quotas, or other funds shall be made available to any State prior sections 107 and 303 of the National Security Act formula-based allocation of funds: Provided fur- to the submission of an updated state plan to of 1947 (50 U.S.C. 404, 405), Reorganization Plan ther, That total administrative costs shall not the Office for Domestic Preparedness: Provided No. 3 of 1978 (5 U.S.C. 903 note), and the Home- exceed 3 percent of the total appropriation. further, That the application for grants shall be land Security Act of 2002 (6 U.S.C. 101 et seq.): FLOOD MAP MODERNIZATION FUND made available to States within 15 days after Provided, That of the amount provided under For necessary expenses pursuant to section enactment of this Act; and that States shall sub- this heading: $163,000,000 shall be for activities 1360 of the National Flood Insurance Act of 1968 mit applications within 30 days after the grant relating to Preparedness, Mitigation, Response (42 U.S.C. 4101), $200,000,000, and such addi- announcement; and that the Office for Domestic and Recovery; $434,000,000 shall be for Public tional sums as may be provided by State and Preparedness shall act on each application Health Programs, including the Disaster Med- local governments or other political subdivisions within 15 days after receipt: Provided further, ical Assistance Teams and the Strategic Na- for cost-shared mapping activities under section That each State shall obligate not less than 80 tional Stockpile; $165,214,000 shall be for Admin- 1360(f)(2) of such Act, to remain available until percent of the total amount of the grant to local istrative and Regional Operations; and expended: Provided, That total administrative governments within 45 days after the grant $64,587,000 shall be for Urban Search and Res- costs shall not exceed 3 percent of the total ap- award; cue Teams. propriation.

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 6333 E:\CR\FM\A25JY6.088 S25PT1 S9984 CONGRESSIONAL RECORD — SENATE July 25, 2003

NATIONAL FLOOD INSURANCE FUND TITLE V—RESEARCH AND DEVELOPMENT collection of fees available to the agencies fund- (INCLUDING TRANSFER OF FUNDS) OFFICE OF THE UNDER SECRETARY FOR SCIENCE ed by this Act shall be available for obligation For activities under the National Flood Insur- AND TECHNOLOGY or expenditure through a reprogramming of ance Act of 1968 (42 U.S.C. 4011 et seq.) and the For necessary expenses of the Office of the funds which: (1) creates a new program; (2) Flood Disaster Protection Act of 1973 (42 U.S.C. Under Secretary for Science and Technology as eliminates a program, project, or activity; (3) in- 4001 et seq.), not to exceed $32,663,000 for sala- authorized by section 302 of the Homeland Secu- creases funds for any program, project, or activ- ries and expenses associated with flood mitiga- rity Act of 2002 (6 U.S.C. 182), $5,400,000. ity for which funds have been denied or re- tion and flood insurance operations; and not to stricted by Congress; or (4) proposes to use funds SCIENCE AND TECHNOLOGY, RESEARCH, exceed $77,809,000 for flood hazard mitigation, to directed for a specific activity by either the DEVELOPMENT, ACQUISITION AND OPERATIONS remain available until September 30, 2005, in- House or Senate Committees on Appropriations cluding up to $20,000,000 for expenses under sec- For necessary expenses for science and tech- for a different purpose, unless the Committees tion 1366 of the National Flood Insurance Act of nology research, development, acquisition, and on Appropriations of the Senate and the House 1968 (42 U.S.C. 4104c), which amount shall be operations, as authorized by sections 302, 307, of Representatives are notified 15 days in ad- available for transfer to the National Flood and 308 of the Homeland Security Act of 2002 (6 vance of such reprogramming of funds. Mitigation Fund until September 30, 2005, and U.S.C. 182, 187, 188), $866,000,000, to remain (b) None of the funds provided by this Act, or which amounts shall be derived from offsetting available until expended; of which $55,000,000 is provided by previous appropriations Acts to the collections assessed and collected pursuant to for university-based centers for homeland secu- agencies in or transferred to the Department of section 1307 of that Act (42 U.S.C. 4014), and rity as authorized by section 308(b)(2) of the Homeland Security that remain available for ob- shall be retained and used for necessary ex- Homeland Security Act of 2002 (6 U.S.C. ligation or expenditure in fiscal year 2004, or penses under this heading: Provided, That in 188(b)(2)); and of which $70,000,000 is provided provided from any accounts in the Treasury of fiscal year 2004, no funds in excess of: (1) for the centralized Federal technology clearing- the United States derived by the collection of $55,000,000 for operating expenses; (2) house as authorized by section 313 of the Home- fees available to the agencies funded by this $565,897,000 for agents’ commissions and taxes; land Security Act of 2002 (6 U.S.C. 193): Pro- Act, shall be available for obligation or expendi- and (3) $40,000,000 for interest on Treasury bor- vided, That of the total amount appropriated, ture for programs, projects, or activities through rowings shall be available from the National $20,000,000 shall be available for the construc- a reprogramming of funds in excess of $5,000,000 Flood Insurance Fund. tion of the National Biodefense Analysis and or 10 percent, whichever is less, that: (1) aug- NATIONAL FLOOD MITIGATION FUND Countermeasures Center: Provided further, That ments existing programs, projects, or activities; the Under Secretary for Science and Technology (INCLUDING TRANSFER OF FUNDS) (2) reduces by 10 percent funding for any exist- shall work with the Coast Guard Research and Notwithstanding subparagraphs (B) and (C) ing program, project, or activity, or numbers of Development Center regarding research prior- of subsection (b)(3), and subsection (f) of section personnel by 10 percent as approved by Con- ities for the Coast Guard: Provided further, 1366 of the National Flood Insurance Act of 1968 gress; or (3) results from any general savings That there may be credited to and used for the (42 U.S.C. 4104c), $20,000,000, to remain avail- from a reduction in personnel which would re- purposes of this appropriation funds received able until September 30, 2005, for activities de- sult in a change in existing programs, projects from State and local governments, other public signed to reduce the risk of flood damage to or activities, as approved by Congress; unless authorities, private sources, and foreign coun- structures pursuant to such Act, of which the Committees on Appropriations of the Senate tries, for expenses incurred for research, devel- $20,000,000 shall be derived from the National and the House of Representatives are notified 15 opment, testing, and evaluation. Flood Insurance Fund. days in advance of such reprogramming of EMERGENCY MANAGEMENT PERFORMANCE GRANTS TITLE VI—GENERAL PROVISIONS funds. For necessary expenses for emergency man- (INCLUDING TRANSFERS OF FUNDS) (c) Not to exceed 5 percent of any appropria- agement performance grants, as authorized by SEC. 601. No part of any appropriation con- tion made available for the current fiscal year to the National Flood Insurance Act of 1968 and tained in this Act shall remain available for ob- the Department of Homeland Security by this the Flood Disaster Protection Act of 1973 (42 ligation beyond the current fiscal year unless Act or provided by previous appropriations Acts U.S.C. 4001 et seq.), the Robert T. Stafford Dis- expressly so provided herein. may be transferred between such appropria- aster Relief and Emergency Assistance Act (42 SEC. 602. The Federal Emergency Management tions, but no such appropriation, except other- U.S.C. 5121 et seq.), the Earthquake Hazards Agency ‘‘Working Capital Fund’’ shall be avail- wise specifically provided, shall be increased by Reductions Act of 1977 (42 U.S.C. 7701 et seq.), able to the Department of Homeland Security, more than 10 percent by any such transfers: and the Reorganization Plan No. 3 of 1978 (5 as authorized by sections 503 and 1517 of the Provided, That any transfer under this section U.S.C. 903 note), $165,000,000. Homeland Security Act of 2002 (6 U.S.C. 313 and shall be treated as a reprogramming of funds under subsection (b) of this section and shall EMERGENCY FOOD AND SHELTER 557), for expenses and equipment necessary for not be available for obligation unless the Com- To carry out an emergency food and shelter maintenance and operations of such administra- mittees on Appropriations of the Senate and the program pursuant to title III of Public Law 100– tive services as the Secretary determines may be House of Representatives are notified 15 days in 77 (42 U.S.C. 11331 et seq.), $153,000,000, to re- performed more advantageously as central serv- advance of such transfer. main available until expended: Provided, That ices: Provided, That such fund shall hereafter total administrative costs shall not exceed 3.5 be known as the ‘‘Department of Homeland Se- SEC. 606. Of the funds appropriated by this percent of the total appropriation. curity Working Capital Fund’’. Act or otherwise made available, not to exceed $100,000 may be used for official reception and CERRO GRANDE FIRE CLAIMS SEC. 603. The Federal Emergency Management representation expenses when specifically ap- For payment of claims under the Cerro Agency ‘‘Bequests and Gifts’’ account shall be proved by the Secretary. Grande Fire Assistance Act (Public Law 106–246; available to the Department of Homeland Secu- SEC. 607. Funds made available by this Act for 114 Stat. 583), $38,062,000, to remain available rity, as authorized by sections 503 and 1517 of intelligence activities are deemed to be specifi- until expended: Provided, That up to 5 percent the Homeland Security Act of 2002 (6 U.S.C. 313 cally authorized by the Congress for purposes of of this amount may be made available for ad- and 557), for the Secretary of Homeland Secu- section 504 of the National Security Act of 1947 ministrative costs. rity to accept, hold, administer and utilize gifts and bequests, including property, to facilitate (50 U.S.C. 414) during fiscal year 2004 until the OFFICE OF THE UNDER SECRETARY FOR INFORMA- the work of the Department of Homeland Secu- date of enactment of an Act authorizing intel- TION ANALYSIS AND INFRASTRUCTURE PROTEC- rity: Provided, That such fund shall hereafter ligence activities for fiscal year 2004. TION be known as ‘‘Department of Homeland Secu- SEC. 608. The Federal Law Enforcement For necessary expenses of the Office of the rity, Gifts and Donations’’: Provided further, Training Center is directed to establish an ac- Under Secretary for Information Analysis and That any gift or bequest is to be used in accord- crediting body that will include representatives Infrastructure Protection as authorized by sec- ance with the terms of that gift or bequest to the from the Federal law enforcement community, tion 201 of the Homeland Security Act of 2002 (6 greatest extent practicable. as well as non-Federal accreditation experts in- U.S.C. 121), $10,460,000; of which $5,442,000 shall SEC. 604. No employee of the Department of volved in law enforcement training. The purpose be for operations of the Department of Home- Homeland Security may be detailed or assigned of this body will be to establish standards for land Security Command Center: Provided, That from an agency, bureau, or office funded by this measuring and assessing the quality and effec- no later than 120 days after enactment of this Act to any other agency, bureau, or office of the tiveness of Federal law enforcement training Act the Under Secretary of Infrastructure Anal- Department for more than 30 days unless the in- programs, facilities, and instructors. ysis and Infrastructure Protection shall submit dividual’s employing agency or office is fully re- SEC. 609. For fiscal year 2004 and thereafter, a report to the Committees on Appropriations of imbursed by the receiving agency or office for none of the funds made available by this Act the Senate and House of Representatives on the the salary and expenses of the employee for the may be used for the production of customs dec- vulnerability of the 250 largest sports and enter- period of assignment unless expressly so pro- larations that do not inquire whether the pas- tainment facilities (based on seating capacity). vided herein. senger had been in the proximity of livestock. INFORMATION ANALYSIS AND INFRASTRUCTURE SEC. 605. (a) None of the funds provided by SEC. 610. For fiscal year 2004 and thereafter, PROTECTION, OPERATING EXPENSES this Act, or provided by previous appropriations none of the funds made available by this Act For necessary expenses for information anal- Acts to the agencies in or transferred to the De- shall be available for any activity or for paying ysis and infrastructure protection as authorized partment of Homeland Security that remain the salary of any Government employee where by section 201 of the Homeland Security Act of available for obligation or expenditure in fiscal funding an activity or paying a salary to a Gov- 2002 (6 U.S.C. 121), $823,700,000, to remain avail- year 2004, or provided from any accounts in the ernment employee would result in a determina- able until September 30, 2005. Treasury of the United States derived by the tion, regulation, or policy that would prohibit

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 6333 E:\CR\FM\A25JY6.088 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9985 the enforcement of section 307 of the Tariff Act (8) there are no specific privacy concerns with (5) large groups of tourists regularly visit of 1930 (19 U.S.C. 1307). the technological architecture of the system. many American cities and States, but are not in- SEC. 611. For fiscal year 2004 and thereafter, (b) The General Accounting Office shall sub- cluded in the resident population of these cities none of the funds made available by this Act mit the report required under paragraph (a) of and States; and may be used to allow— this section no later than 60 days after the Sec- (6) the monetary needs of emergency respond- (1) the importation into the United States of retary of Homeland Security has published in ers are directly related to the amount of people any good, ware, article, or merchandise mined, the Federal Register the Department’s privacy they are responsible to protect. produced, or manufactured by forced or inden- notice for CAPPS II or no later than 60 days (b) It is the sense of the Senate that the Sec- tured child labor, as determined under section after enactment of this Act, whichever is later. retary of Homeland Security should take into 307 of the Tariff Act of 1930 (19 U.S.C. 1307); or SEC. 616. Not later than March 1, 2004, the account tourist population as a factor when de- (2) the release into the United States of any Secretary of Homeland Security shall submit to termining resource needs and potential good, ware, article, or merchandise on which Congress a report that— vulnerabilities for the purpose of allocating there is in effect a detention order under such (1) details the progress made in developing funds for discretionary and formula grants. section 307 on the basis that the good, ware, ar- countermeasures for commercial aircraft against SEC. 621. Not later than 30 days after the date ticle, or merchandise may have been mined, pro- shoulder-fired missile systems, including cost of enactment of this Act, the Under Secretary duced, or manufactured by forced or indentured and time schedules for developing and deploying for Emergency Preparedness and Response child labor. such countermeasures; and shall— SEC. 612. Unless otherwise provided, funds (2) in classified form and in conjunction with (1) review the damage survey reports and may be used for purchase of insurance for offi- airports in category X and category one, an as- project worksheets relating to the damages and cial motor vehicles operated in foreign countries, costs incurred by the University of North Da- sessment of the vulnerability of such airports and for the hire and purchase of motor vehicles kota as a result of the April 1997 flooding in from the threat of shoulder-fired missile systems as authorized by section 1343 of title 31, United North Dakota, which is classified by Emergency and the interim measures being taken to address States Code: Provided, That purchase for police- Preparedness and Response as DR–1174–ND; the threat. type use of passenger vehicles may be made and SEC. 617. Not later than March 1, 2004, the without regard to the general purchase price (2) submit a report on the efforts of the Direc- Secretary of Homeland Security shall issue a limitation for the current fiscal year. torate of Emergency Preparedness and Response classified report to Congress on the security SEC. 613. Unless otherwise provided, funds to resolve any outstanding claims by the Univer- costs incurred by State and local government may be used for uniforms without regard to the sity of North Dakota relating to the reports de- law enforcement personnel in each State in com- general purchase price limitation for the current scribed in paragraph (1) to the Committees on plying with requests and requirements of the fiscal year. Appropriations of the Senate and House of Rep- United States Secret Service to provide protec- SEC. 614. None of the funds made available by resentatives. this Act shall be used to pay the salaries and ex- tive services and transportation for foreign and SEC. 622. Not later than 60 days after the date penses of personnel to adopt guidelines or regu- domestic officials. of the enactment of this Act, the Secretary of lations requiring airport sponsors to provide to SEC. 618. None of the funds appropriated or Homeland Security, in consultation with the the Transportation Security Administration otherwise made available by this Act may be ob- Secretary of State and the Attorney General, without cost building construction, mainte- ligated or expended for the procurement of any shall report to the Committees on Appropria- nance, utilities and expenses, or space in airport articles, materials, or supplies in contravention tions of the Senate and the House of Represent- sponsor-owned buildings for services relating to of the Buy American Act (41 U.S.C. 10a et seq.). atives on the feasibility of providing access to aviation security: Provided, That the prohibi- SEC. 619. Not later than 90 days after the date State and local law enforcement agencies to the tion of funds in this section does not apply to of enactment of this Act, the Secretary of Home- database of the Department of State on poten- negotiations between the agency and airport land Security shall submit a report in unclassi- tial terrorists known as the ‘‘Tipoff’’ database, sponsors to achieve agreement on ‘‘below-mar- fied form to Congress on the Homeland Security including the process by which classified infor- ket’’ rates for these items or to grant assurances Advisory System, which shall include— mation shall be secured from unauthorized dis- (1) an assessment of how the system is ful- that require airport sponsors to provide land closure. without cost to the Transportation Security Ad- filling its missions to— SEC. 623. Not later than 60 days after the date ministration for necessary security checkpoints. (A) provide a national framework for Federal, of enactment of this Act, the Secretary of Home- SEC. 615. (a) None of the funds provided by State, and local governments, private industry land Security, in collaboration with the Director this or previous appropriations Acts may be obli- and the public to gauge threat levels; of the Office of Management and Budget, shall gated for testing (other than simulations), de- (B) establish the integration of factors for as- submit a report to the Committee on Appropria- ployment, or implementation of the Computer signment of threat conditions; tions of the Senate, the Committee on Appro- (C) unify the system of public announcements, Assisted Passenger Prescreening System (CAPPS priations of the House of Representatives, the allowing government officials and citizens to II) that the Transportation Security Adminis- Committee on Governmental Affairs of the Sen- communicate the nature and degree of terrorist tration (TSA) plans to utilize to screen aviation ate, the Committee on Government Reform of the threats; and passengers, until the General Accounting Office House of Representatives, and the Select Com- (D) provide a tool for combating terrorism by has reported to the Committees on Appropria- mittee on Homeland Security of the House of deterring terrorist activity, notifying law en- tions of the Senate and the House of Represent- Representatives on the status of the Depart- forcement and State and local government offi- atives that— ment’s efforts to— (1) a system of due process exists whereby cials of threats, informing the public about gov- (1) complete an inventory of the Department’s aviation passengers determined to pose a threat ernment preparations, and providing such offi- entire information technology infrastructure; and either delayed or prohibited from boarding cials and the public with information necessary (2) devise and deploy a secure comprehensive their scheduled flights by the TSA may appeal to respond to the threat; enterprise architecture that— such decision and correct erroneous information (2) the average daily cost of elevating the (A) promotes interoperability of homeland se- contained in CAPPS II; Homeland Security Advisory System by 1 threat curity information systems, including commu- (2) the underlying error rate of the govern- level; nications systems, for agencies within and out- ment and private data bases that will be used (3) an evaluation by the Inspector General of side the Department; both to establish identity and assign a risk level the Department of Homeland Security of the re- (B) avoids unnecessary duplication; and to a passenger will not produce a large number sponses to each of the suggested protective (C) aids rapid and appropriate information of false positives that will result in a significant measures to be taken at each threat level; and exchange, retrieval, and collaboration at all lev- number of passengers being treated mistakenly (4) a review of efforts taken by the Depart- els of government; or security resources being diverted; ment of Homeland Security to refine the Home- (3) consolidate multiple overlapping and in- (3) the TSA has stress-tested and dem- land Security Advisory System, and the progress consistent terrorist watch lists, reconcile dif- onstrated the efficacy and accuracy of all of tailoring the system so that threat alerts are ferent policies and procedures governing wheth- search tools in CAPPS II and has demonstrated issued on a regional basis rather than nation- er and how terrorist watch list data are shared that CAPPS II can make an accurate predictive ally. with other agencies and organizations, and re- assessment of those passengers who may con- SEC. 620. (a) Congress finds that— solve fundamental differences in the design of stitute a threat to aviation; (1) emergency responders are the first line of the systems that house the watch lists so as to (4) the Secretary of Homeland Security has es- defense in protecting our Nation against ter- achieve consistency and expeditious access to tablished an internal oversight board to monitor rorist attacks; accurate, complete, and current information; the manner in which CAPPS II is being devel- (2) the Department of Homeland Security uses (4) ensure that the Department’s enterprise oped and prepared; population as a factor when allocating grant architecture and the information systems lever- (5) the TSA has built in sufficient operational funding to States and local governments for aged, developed, managed, and acquired under safeguards to reduce the opportunities for emergency responders; such enterprise architecture are capable of rapid abuse; (3) population plays an important role in both deployment, limit data access only to authorized (6) substantial security measures are in place formula and discretionary grants, which are ad- users in a highly secure environment, and are to protect CAPPS II from unauthorized access ministered by the Department of Homeland Se- capable of continuous system upgrades to ben- by hackers or other intruders; curity; efit from advances in technology while pre- (7) the TSA has adopted policies establishing (4) the number of people in a city or State serving the integrity of stored data; and effective oversight of the use and operation of often differs from estimates by the Census Bu- (5) align common information technology in- the system; and reau; vestments within the Department and between

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 6333 E:\CR\FM\A25JY6.088 S25PT1 S9986 CONGRESSIONAL RECORD — SENATE July 25, 2003 the Department and other Federal, State, and The PRESIDING OFFICER. Without 5:20 p.m.; provided further that imme- local agencies responsible for homeland security objection, it is so ordered. diately after the vote on that nomina- to minimize inconsistent and duplicate acquisi- The amendment, as modified, is as tion, Executive Calendar No. 304 be tions and expenditures. follows: confirmed, the motion to reconsider be SEC. 624. No funds in this Act shall be available for any contract entered into after the date On page 62 of the bill, line 12, after ‘‘inves- laid upon the table, the President then of enactment of this Act by the Department of tigations’’ insert the following: be immediately notified of the Senate’s Homeland Security with— ‘‘Provided, That the Under Secretary for action, and the Senate then resume (1) an inverted domestic corporation (as de- Emergency Preparedness and Response may legislative session. fined in section 835 of the Homeland Security provide advanced funding to authorize non- The PRESIDING OFFICER. Without Act of 2002 (Public Law 107–296; 6 U.S.C. 395)), profit entities performing duties under the objection, it is so ordered. Robert T. Stafford Disaster Relief and Emer- (2) any corporation which completed a plan Mr. HATCH. Madam President, for (or series of transactions) described in such sec- gency Assistance Act (42 U.S.C. 5131 et seq.) tion before, on, or after the date of enactment of who respond to a disaster declared by the the information of all Senators, this the Homeland Security Act of 2002 (Public Law President, if the non-profit entity petitions will now mean that the first vote dur- 107–296; 6 U.S.C. 395), or the Under Secretary for such advanced funding Monday’s session will begin at 5:30 (3) any subsidiary of a corporation described ing and demonstrates that they would be un- p.m. able to respond to the disaster absent such in paragraph (1) or (2). f SEC. 625. It is the sense of the Senate that the funding.’’ Department of Homeland Security’s Undersecre- f LEGISLATIVE SESSION tary for Science and Technology should take all EXECUTIVE SESSION Mr. HATCH. Madam President, I ask appropriate steps to ensure the active participa- unanimous consent that the Senate re- tion of historically black colleges and universities, tribal colleges, Hispanic-serving institu- sume legislative session. tions, and Alaskan Native serving institutions NOMINATION OF PRISCILLA The PRESIDING OFFICER. Without in Department sponsored university research. RICHMAN OWEN TO BE U.S. CIR- objection, it is so ordered. SEC. 626. (a) Not later than 120 days after the CUIT JUDGE FOR THE FIFTH f date of the enactment of this Act, the Secretary CIRCUIT shall submit to the Committees on Appropria- THE CALENDAR Mr. HATCH. Madam President, I ask tions of the Senate and the House of Represent- Mr. HATCH. Madam President, I ask unanimous consent that the Senate atives a plan for enhancements of the oper- unanimous consent that the Senate ations of the Information Analysis and Infra- now proceed to executive session for proceed to the immediate consider- structure Protection Directorate in order to— the consideration of Calendar No. 86. ation of Calendar Nos. 229, 230, and 231, (1) meet the personnel requirements of the Di- The PRESIDING OFFICER. Without en bloc. rectorate; objection, the clerk will report. (2) improve communications between the Di- The PRESIDING OFFICER. Without The assistant legislative clerk read rectorate and the intelligence community; and objection, it is so ordered. the nomination of Priscilla Richman (3) improve coordination between the Direc- Mr. HATCH. Madam President, I ask Owen, of Texas, to be U.S. Circuit torate and State and local counterterrorism and unanimous consent that the resolu- Judge for the Fifth Circuit. law enforcement officials. tions be agreed to, en bloc; that the (b) In addition to the matters specified in sub- CLOTURE MOTION preambles be agreed to, en bloc; that section (a), the plan shall include a description Mr. HATCH. Madam President, I send of the current assets and capabilities of the In- the motions to reconsider be laid upon formation Analysis and Infrastructure Protec- a cloture motion to the desk. the table, en bloc; and that any state- tion Directorate, a strategy for the Directorate The PRESIDING OFFICER. The clo- ments relating to these measures be for the coordination and dissemination of intel- ture motion having been presented printed in the RECORD. ligence and other information, and a schedule under Rule XXII, the Chair directs the The PRESIDING OFFICER. Without for the implementation of the plan required clerk to read the motion. objection, it is so ordered. under subsection (a). The assistant legislative clerk read f SEC. 627. Not later than 90 days after the date as follows: of enactment of this Act, the Comptroller Gen- NATIONAL GOOD NEIGHBOR DAY eral shall conduct a review and report to Con- CLOTURE MOTION gress on all of the data-mining programs relat- We, the undesigned Senators, in accord- The resolution (S. Res. 124) desig- ing to law enforcement and terrorism currently ance with the provisions of rule XXII of the nating September 28, 2003, as ‘‘National under development and in use in the Depart- Standing Rules of the Senate, do hereby Good Neighbor Day’’ was considered ment of Homeland Security. move to bring to a close debate on Executive and agreed to. SEC. 628. When establishing priorities for fire- Calendar No. 86, the nomination of Priscilla The preamble was agreed to. R. Owen of Texas to be United States Circuit fighting vehicles in the Firefighter Assistance The resolution, with its preamble, Grants program, the Secretary shall take into Judge for the Fifth Circuit. consideration the unique geographical needs of Bill Frist, Orrin Hatch, John Cornyn, Mi- reads as follows: individual fire departments. chael B. Enzi, Jim Talent, Judd Gregg, Whereas while our society has developed highly effective means of speedy communica- SEC. 629. Not later than 90 days after the date Jeff Sessions, Ben Nighthorse Camp- of the enactment of this Act, the Secretary of bell, Craig Thomas, Chuck Grassley, tion around the world, it has failed to ensure Homeland Security shall conduct a study and Chuck Hagel, Thad Cochran, Richard communication among individuals who live submit a report with recommendations to the Shelby, Wayne Allard, Elizabeth Dole, side by side; Committee on Appropriations of the House of Conrad Burns, Larry Craig. Whereas the endurance of human values and consideration for others is of prime im- Representatives and the Committee on Appro- Mr. HATCH. Madam President, I ask priations of the Senate regarding the status of portance if civilization is to survive; and unanimous consent that the live Whereas being a good neighbor to those the air traffic control communications voids and quorum as provided for under rule XXII gaps in tethered aerostat coverage around the around us is the first step toward human un- United States, such as those existing in the cen- be waived. derstanding: Now, therefore, be it tral Gulf of Mexico. The PRESIDING OFFICER. Without Resolved, That the Senate— This Act may be cited as the ‘‘Department of objection, it is so ordered. (1) designates September 28, 2003, as ‘‘Na- Homeland Security Appropriations Act, 2004’’. Mr. HATCH. For the information of tional Good Neighbor Day’’; and all Senators, this will be the third clo- (2) requests that the President issue a f proclamation calling upon the people of the ture motion with respect to this nomi- DEPARTMENT OF HOMELAND SE- United States and interested groups and or- nation. This cloture vote will occur CURITY APPROPRIATIONS ACT, ganizations to observe National Good Neigh- Tuesday, so we will notify Senators 2004 bor Day with appropriate ceremonies and ac- when the exact vote time is locked in. tivities. AMENDMENT NO. 1364, AS MODIFIED f f Mr. HATCH. Madam President, I ask unanimous consent that notwith- UNANIMOUS CONSENT AGREE- 100TH ANNIVERSARY OF THE standing passage of H.R. 2555, amend- MENT—EXECUTIVE CALENDAR FOUNDING OF THE HARLEY-DA- ment No. 1364, which was previously Mr. HATCH. Madam President, I ask VIDSON MOTOR COMPANY agreed to, be modified with the changes unanimous consent that on Monday, The resolution (S. Res. 167) recog- that are at the desk. the debate on Calendar No. 296 begin at nizing the 100th anniversary of the

VerDate Jan 31 2003 06:29 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.088 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9987 founding of the Harley-Davidson Motor Whereas during the Great Depression of Resolved, That the Senate— company, which has been a significant the 1930s, the company survived when all but (1) recognizes the achievements of Harley- part of the social, economic, and cul- 1 other domestic motorcycle manufacturer Davidson Motor Company, widely regarded tural heritage of the United States and failed, on the strength of its product quality, as a tremendous American business success the loyalty of its employees, dealers, and story and one of the top performing compa- many other nations and a leading force customers, steady police and commercial for product and manufacturing innova- nies in America, as its employees, retirees, business, and a growing international pres- suppliers, dealers, customers, motorcycle en- tion throughout the 20th century, was ence; thusiasts, and friends worldwide commemo- considered and agreed to. Whereas in 1936, Harley-Davidson dem- rate and celebrate its 100th anniversary The preamble was agreed to. onstrated foresight, resolve, and faith in the milestone; The resolution, with its preamble, future by introducing the company’s first (2) recognizes the great impact that Har- reads as follows: overhead valve engine, the ‘‘Knucklehead’’ ley-Davidson has had on the business, social, Whereas in 1903, boyhood friends, hobby de- as it would come to be known, on its Model and cultural landscape and lives of Ameri- signers, and tinkerers William S. Harley, EL motorcycle, thus establishing the widely cans and citizens of all nations, as a quin- then 21 years old, and Arthur Davidson, then recognized classic Harley Davidson look and tessential icon of Americana; and the company’s reputation for styling; 20 years old, completed the design and manu- (3) congratulates the Harley-Davidson Whereas Harley-Davidson workers in 1937 facture of their first motorcycle, with help Motor Company for this achievement and elected to be represented by the United Auto from Arthur Davidson’s brothers, Walter Da- trusts that Harley-Davidson will have an Workers of America, thus launching a proud vidson and William A. Davidson; even greater impact in the 21st century and Whereas, also in 1903, Harley and the Da- tradition of working with Harley-Davidson beyond as a leading force for innovative busi- vidson brothers completed 2 additional mo- to further build the company through advo- ness practices and products that will con- torcycles in a makeshift ‘‘factory’’ shed in cacy and the development of effective pro- tinue to provide enjoyment, transportation, the Davidson family’s backyard at the cor- grams and policies; and delight for generations to come. ner of 38th Street and Highland Boulevard in Whereas William H. Davidson, son of the Milwaukee, Wisconsin; late founder William A. Davidson, became Whereas the design features and construc- president of Harley-Davidson in 1942 and f tion quality of the early Harley-Davidson would lead the company until 1971; motorcycles proved significantly more inno- Whereas Harley-Davidson built more than NATIONAL PURPLE HEART vative and durable than most other motor- 90,000 motorcycles for United States and Al- cycles of the era, giving Harley-Davidson a lied armed forces use during World War II, RECOGNITION DAY earning 4 Army-Navy ‘‘E’’ Awards for excel- distinct competitive advantage; A concurrent resolution (S. Con. Res. Whereas in 1905, Walter Davidson won the lence in wartime production; first of many motorcycle competition Whereas Harley-Davidson, during the 1950s 40) designating August 7, 2003, as ‘‘Na- events, giving rise to a strong tradition of and 1960s, recharged its sales and popularity tional Purple Heart Recognition Day’’ victory in motorcycle racing that continues with new models, including the Sportster was considered and agreed to. today; and the Electra Glide, new engines, and Whereas in 1906, Harley-Davidson Motor other technological advances; The preamble was agreed to. Company constructed its first building, fi- Whereas the Company developed the con- The resolution, with its preamble, nanced by the Davidsons’ uncle James cept of the ‘‘factory custom’’ motorcycle McClay, on the site of the Company’s cur- with the 1971 introduction of the Super Glide reads as follows: rent world headquarters one block north of and the 1977 Low Rider, under the design Whereas the Order of the Purple Heart for the Davidson home site, and manufactured 50 leadership of William ‘‘Willie G’’ Davidson, Military Merit, commonly known as the Pur- motorcycles that year; vice president of Styling and grandson of ple Heart, is the oldest military decoration Whereas in 1907, Harley-Davidson Motor company founder William A. Davidson; in the world in present use; Company was incorporated and its 18 em- Whereas since 1980, as a national corporate Whereas the Purple Heart is awarded in ployees purchased shares; sponsor of the Muscular Dystrophy Associa- the name of the President of the United Whereas in 1908, the first motorcycle for tion, Harley-Davidson has raised more than States to members of the Armed Forces who police duty was delivered to the Detroit Po- $40,000,000 through company, dealer, cus- are wounded in conflict with an enemy force, lice Department, beginning Harley- tomer, and supplier contributions, to fund or while held by an enemy force as a prisoner Davidson’s long and close relationship with research and health services; of war, and posthumously to the next of kin law enforcement agencies; Whereas in 1981, a group of 13 Harley-Da- of members of the Armed Forces who are Whereas in 1909, to enhance power and per- vidson executives, led by chairman and CEO killed in conflict with an enemy force, or formance, Harley-Davidson added a second Vaughn Beals purchased Harley-Davidson who die of a wound received in conflict with cylinder to its motorcycle, giving birth to its from its then corporate parent AMF Incor- an enemy force; hallmark 45-degree V-Twin configuration porated; Whereas the Purple Heart was established and the legendary Harley-Davidson sound; Whereas by 1986, Harley-Davidson, against on August 7, 1782, during the Revolutionary Whereas during the years 1907 through 1913, incredible odds, restored the company’s rep- War, when General George Washington manufacturing space at least doubled every utation for quality and innovation and re- issued an order establishing the Honorary year, reaching nearly 300,000 square feet by turned the company to vitality, thus ensur- Badge of Distinction, otherwise known as 1914; ing a highly successful initial public stock the Badge of Military Merit, or the Decora- Whereas Arthur Davidson, during Harley- offering; tion of the Purple Heart; Davidson’s formative years, set up a world- Whereas throughout the 1980s and 1990s, Whereas the award of the Purple Heart wide dealer network that would serve as the Harley-Davidson became a national role ceased with the end of the Revolutionary focal point of the company’s ‘‘close to the model for positive labor-management rela- War, but was revived out of respect for the customer’’ philosophy; tions, product innovation, manufacturing memory and military achievements of Whereas Harley-Davidson early in its his- quality and efficiency, and phenomenal George Washington in 1932, the 200th anni- tory began marketing motorcycles as a sport growth; versary of his birth; and and leisure pursuit, thus laying the ground- Whereas President Ronald Reagan, Presi- Whereas the designation of August 7, 2003, work for long-term prosperity; dent William J. Clinton, and President as ‘‘National Purple Heart Recognition Day’’ Whereas in 1916, Harley-Davidson launched George W. Bush all have visited Harley-Da- is a fitting tribute to General Washington, ‘‘The Enthusiast’’ magazine, which today is vidson manufacturing facilities and extolled and to the over 1,535,000 recipients of the the longest running continuously published the example set by Harley Davidson through Purple Heart Medal, approximately 550,000 of motorcycle magazine in the world; its practices; whom are still living: Now, therefore, be it Whereas also in 1916, Harley-Davidson mo- Whereas the Harley Owners Group, with torcycles saw their first military duty in more than 800,000 members and 1,200 chapters Resolved by the Senate (the House of Rep- skirmishes in border disputes along the worldwide, is celebrating its 20th anniver- resentatives concurring), That Congress— United States border with Mexico; sary year in 2003 as a driving force in the (1) designates August 7, 2003, as ‘‘National Whereas in World War I, Harley-Davidson company’s heralded ‘‘close to the customer’’ Purple Heart Recognition Day’’; supplied 17,000 motorcycles for dispatch and operating philosophy; and (2) encourages all Americans to learn scouting use by the Allied armed forces, and Whereas Harley-Davidson Motor Company about the history of the Order of the Purple whereas the first Allied soldier to enter Ger- is today the world’s leading seller of large Heart for Military Merit and to honor its re- many after the signing of the Armistice was displacement (651 cc plus) motorcycles, with cipients; and riding a Harley-Davidson motorcycle; annual revenues in excess of $4,000,000,000, (3) requests that the President issue a Whereas by 1920, Harley-Davidson was the annual motorcycle shipments in excess of proclamation calling on the people of the world’s largest motorcycle manufacturer, 290,000 units, strong international sales, and United States to conduct appropriate cere- both in terms of floor space and production, 17 consecutive years of annual revenue and monies, activities, and programs to dem- with continual engineering and design inno- earnings growth since becoming a publicly onstrate support for the Order of the Purple vation; held company: Now, therefore, be it Heart for Military Merit.

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.078 S25PT1 S9988 CONGRESSIONAL RECORD — SENATE July 25, 2003 NATIONAL CHILDREN’S MEMORIAL Mr. HATCH. Madam President, I ask HONORING THE SERVICE OF DAY unanimous consent that the resolution KOREAN WAR VETERANS Mr. HATCH. Madam President, I ask be agreed to; that the preamble be Mr. HATCH. Madam President, I ask unanimous consent that the Judiciary agreed to; that the motion to recon- unanimous consent that the Senate Committee be discharged from further sider be laid upon the table; and that proceed to the consideration of S. Con. consideration of S. Res. 196 and that any statement relating to the resolu- Res. 62, submitted earlier today by tion be printed in the RECORD. the Senate proceed to its immediate Senators DASCHLE and HAGEL honoring The PRESIDING OFFICER. Without consideration. the service of Korean war veterans; objection, it is so ordered. The PRESIDING OFFICER. Without The resolution (S. Res. 201) was that the concurrent resolution be objection, it is so ordered. The clerk agreed to. agreed to; that the preamble be agreed will report the resolution by title. The preamble was agreed to. to; that the motions to reconsider be The assistant legislative clerk read The resolution, with its preamble, laid upon the table; and that any state- as follows: reads as follows: ments relating to the concurrent reso- A resolution (S. Res. 196) designating De- Whereas countless families in the United lution be printed in the RECORD. cember 14, 2003, as ‘‘National Children’s Me- States have a family member living with The PRESIDING OFFICER. Without morial Day.’’ prostate cancer; objection, it is so ordered. There being no objection, the Senate Whereas in the United States, 1 man in 6 The concurrent resolution (S. Con. proceeded to consider the resolution. will be diagnosed with prostate cancer in his Res. 62) was agreed to. Mr. HATCH. Madam President, I ask lifetime; The preamble was agreed to. Whereas between 1993 and 2003, prostate unanimous consent that the resolution The concurrent resolution, with its cancer has been the most commonly diag- preamble, reads as follows: and preamble be agreed to, en bloc; nosed nonskin cancer and the second most Whereas Sunday, July 27, 2003, marks the that the motion to reconsider be laid common cancer killer of men in the United 50th anniversary of the armistice ending the upon the table; and that any state- States; Korean War; ments relating to this measure be Whereas the American Cancer Society estimates that in the United States, 220,900 men Whereas nearly 1,800,000 members of the printed in the RECORD, with the above United States Armed Forces answered their occurring with no intervening action will be diagnosed with prostate cancer and 28,900 men will die of prostate cancer in 2003; Nation’s call to duty and served in Korea or debate. Whereas 30 percent of new cases of prostate during the Korean War; The PRESIDING OFFICER. Without cancer occur in men under the age of 65; Whereas, during the 3-year period of the objection, it is so ordered. Whereas in the United States, as the popu- Korean War, more than 36,500 Americans The resolution (S. Res. 196) was lation ages, the occurrence of prostate can- died and more than 100,000 were wounded in agreed to. cer will also increase; some of the bloodiest, most horrific fighting The preamble was agreed to. Whereas African Americans suffer from a in the history of warfare; The resolution, with its preamble, prostate cancer incidence rate that is up to Whereas the bloodshed and sacrifice of these soldiers made possible the development reads as follows: 60-percent higher than White males and are more than twice as likely as White males to of a democratic, prosperous, and peaceful Re- Whereas approximately 80,000 infants, chil- public of Korea; dren, teenagers, and young adults of families die of the disease; Whereas in the United States, a man with Whereas our troops in Korea were at the living throughout the United States die each forefront of a long and difficult struggle year from a myriad of causes; 1 family member diagnosed with prostate cancer has double the risk of developing against Communism and oppression that ul- Whereas the death of an infant, child, teen- timately brought freedom to millions of peo- ager, or young adult of a family is considered prostate cancer, a man with 2 such family members has 5 times the risk, and a man ple around the world; to be one of the greatest tragedies that a Whereas the Korean War accelerated the parent or family will ever endure during a with 3 such family members has a 97-percent risk of developing the disease; final desegregation of the United States lifetime; and Whereas screening by both digital rectal Armed Forces and stands as a milestone Whereas a supportive environment, empa- examination (DRE) and prostate specific along the road to racial equality; and thy, and understanding are considered crit- antigen blood test (PSA) can diagnose the Whereas it has taken decades for the peo- ical factors in the healing process of a family disease in earlier and more treatable stages, ple of this Nation to understand and appre- that is coping with and recovering from the thus reducing prostate cancer mortality; ciate the significance of the Korean War and loss of a loved one: Now, therefore, be it Whereas developing research promises fur- the lasting accomplishments of those who Resolved, ther improvements in prostate cancer pre- fought in the war, leaving these veterans SECTION 1. DESIGNATION OF NATIONAL CHIL- vention, early detection, and treatment; and without the recognition and respect they so DREN’S MEMORIAL DAY. Whereas educating the people of the United rightfully deserve: Now, therefore, be it The Senate— States, including health care providers, Resolved by the Senate (the House of Rep- (1) designates December 14, 2003, as ‘‘Na- about prostate cancer and early detection resentatives concurring), That Congress— tional Children’s Memorial Day’’; and strategies is crucial to saving the lives of (1) declares its appreciation for the signifi- (2) requests that the President issue a men and preserving and protecting families: cant and enduring accomplishments of our proclamation calling upon the people of the Now, therefore, be it Nation’s Korean War veterans; United States to observe ‘‘National Chil- Resolved, That the Senate— (2) remains committed to the ideals of free- dren’s Memorial Day’’ with appropriate cere- (1) designates the month of September 2003 dom, peace, and democracy on the Korean monies and activities in remembrance of the as ‘‘National Prostate Cancer Awareness Peninsula; and many infants, children, teenagers, and young Month’’; (3) affirms its commitment to preserving adults of families in the United States who (2) declares that the Federal Government the memory of those who made the ultimate have died. has a responsibility— sacrifice in the Korean War, and to edu- f (A) to raise awareness about the impor- cating future generations about the achieve- tance of screening methods and the treatments of our Nation’s Korean War heroes. NATIONAL PROSTATE CANCER ment of prostate cancer; f AWARENESS MONTH (B) to increase research funding that is Mr. HATCH. Madam President, I ask commensurate with the burden of the disease ORDERS FOR MONDAY, JULY 28, unanimous consent that the Senate so that the causes of, and improved screen- 2003 proceed to the immediate considering, treatments, and a cure for, prostate cancer may be discovered; and Mr. HATCH. Madam President, I ask ation of S. Res. 201, which was sub- (C) to continue to consider ways for im- unanimous consent that when the Sen- mitted earlier today. proving access to, and the quality of, health ate completes its business today, it The PRESIDING OFFICER. The care services for detecting and treating pros- stand in recess until 11 a.m., Monday, clerk will report the resolution by tate cancer; and July 28. I further ask unanimous con- title. (3) requests the President to issue a procla- sent that following the prayer and The assistant legislative clerk read mation calling upon the people of the United pledge, the Journal of proceedings be as follows: States, interested groups, and affected per- approved to date, the time for the two sons to promote awareness of prostate can- A resolution (S. Res. 201) designating the cer, to take an active role in the fight to end leaders be reserved for their use later month of September 2003 as ‘‘National Pros- the devastating effects of prostate cancer on in the day, and the Senate then resume tate Cancer Awareness Month’’. individuals, their families, and the economy, consideration of S. 14, the Energy bill. There being no objection, the Senate and to observe the month of September 2003 The PRESIDING OFFICER. Without proceeded to consider the resolution. with appropriate ceremonies and activities. objection, it is so ordered.

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.080 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9989 PROGRAM of the people of Appalachia. The While I am outraged, I am even more Mr. HATCH. Madam President, for stereotyping of the Appalachian people curious about just what kind of brain the information of all Senators, on as dim-witted, barefooted hillbillies power went into proposing this show. I Monday, the Senate will resume con- who thrive on incest and moonshine al- cannot help but chuckle when I picture sideration of S. 14, the Energy bill. The lowed the Nation to laugh at and turn these highly paid, supposedly educated chairman and ranking member were its back on the plight of a people who television corporate executives sitting able to work through a number of were being robbed of their land and its around in a plush, ornate boardroom resources. It prompted the Nation to amendments today, and they will con- and thinking of such a stupid program. perceive and to dismiss Appalachians tinue to consider amendments during I am sure most of these fellows earn at as the instigators rather the victims of Monday’s session. On behalf of the least a six-figure income. Some of their plight. leader, I encourage Members who want them probably went to Ivy League Television has certainly been a part schools. And this is what they come up to offer amendments to do so as early of this Appalachian bashing. ‘‘Green with? as possible next week. Those Members Acres’’ featured farming mountain It is not even original. It is a should contact the bill managers for an folks conversing with a talking pig. plagiarization of an old program, only orderly consideration of those amend- The ‘‘Dukes of Hazzard’’ featured going a step further and using real peo- ments. stereotypical mountain folk jumping ple rather than actors. Under a previous agreement, at 5:20 into and out of cars, without bothering Highly paid, highly educated tele- p.m. on Monday, the Senate will pro- to open doors, and a car horn that vision executives sitting around in an ceed to executive session to consider played Dixie. ornate boardroom and thinking of low- the nomination of Earl Yeakel, to be Even ‘‘The Waltons,’’—remember the grade garbage such as this. If this were U.S. District Judge for the Western Waltons?—a series with numerous mor- my staff, I can tell you that I would be District of Texas. The Senate will vote ally uplifting episodes and storylines looking for some new staffers. on the Yeakel nomination at 5:30 p.m., that promoted hard work, love of fam- But these CBS executives think it and that will be the first rollcall vote ily, honesty, patriotism, and spiritu- will be funny for city folk to sit back of the day. Members should anticipate ality, can be faulted for its beautifully and watch country bumpkins try to additional votes in relation to Energy romanticized version of poverty. It por- blend into the culture of the ‘‘beautiful bill amendments or any other items trayed poverty as a way of life that people’’ of Rodeo Drive. Their anticipa- that can be cleared for action. In addi- nurtures, rather than inhibits, that tion is that Americans will tune in and tion, the Senate will consider the trade builds character rather than denies op- watch and just howl and howl as they agreements with Chile and Singapore. portunity. watch a poor family from Appalachia If all debate has been completed on I have seen poverty. I am one of pov- adjust to the glitz and glamour of Bev- those bills, the votes would also occur erty’s children. I have known poverty, erly Hills, to modern appliances, Gucci during Monday’s session of the Senate. and poverty has known me. I can tell shoes, and Rolex watches. Boy, I can Next week is the final week prior to you that poverty is beautiful only if hardly hold back my laughter, being the August recess. Senators can, there- you are not poor. one of those people from Appalachia, fore, expect busy sessions with rollcall In this day and age of political cor- being one of those country bumpkins. votes throughout each day, and Mem- rectness, Appalachians may be the last One CBS executive remarked: ‘‘Imag- bers should schedule themselves ac- remaining ethnic group that it is still ine the episode where they have to cordingly. socially acceptable to scorn, demean, interview maids.’’ Boy, I am sure that stereotype, and joke about. If Jay Leno f episode will be a real knee slapper. told such cruel, bigoted, and slanderous I have to ask, Is this the best they ORDER FOR RECESS ethnic humor about any number of mi- can do? Is this the best television has Mr. HATCH. Madam President, if nority groups that he does Appalach- to offer? Unfortunately, it is. there is no further business to come be- ians, he would have more than the rat- Just when you think the television fore the Senate, I ask unanimous con- ings of David Letterman about which standards can get no lower, they do. sent that the Senate recess under the to be concerned. Just when you start thinking these previous order following the remarks of Incredibly, the Columbia Broad- bottom feeders have cleansed the bot- the distinguished Senator from West casting System, CBS, is planning to air tom and might try to move up the food a new program, ‘‘The Real Beverly Virginia, Mr. BYRD, for up to 20 min- chain, they find more garbage at the utes, and the distinguished Senator Hillbillies.’’ For this program, the bottom to keep them there. brainchild of the CEO Leslie Moonves, from Alabama, Mr. SESSIONS, for up to This is an Appalachian speaking to CBS plans to pluck a poor, rural family 10 minutes. an Appalachian who sits in the chair from the hills of Appalachia and plop The PRESIDING OFFICER. Without today and presides over this great body them down in a mansion in Beverly objection, it is so ordered. with such dignity and aplomb. Hills so the Nation can laugh at them The Senator from West Virginia. Television has become more than the as they try to adjust to big city life. I Mr. BYRD. Madam President, I ‘‘vast wasteland’’ FCC chairman New- have read that CBS is already con- thank the distinguished Senator from ton Minnow labeled it 42 years ago, it ducting so-called ‘‘hick-hunts’’ in has become a waste. Utah, Mr. HATCH, for his courtesy in which they are searching for the per- This is the industry that brings us arranging for me to speak briefly be- fect stereotype Appalachian family to ‘‘Buffy the Vampire Slayer,’’ ‘‘Fear fore the Senate goes out for the week- amuse a national audience. Factor,’’ and ‘‘Jerry Springer.’’ end. The insensitivity and mean spirited- Fox Network has featured those un- f ness of this plan has already aroused forgettable, morally uplifting hits, THE ‘‘REAL BEVERLY protests and criticisms from many seg- ‘‘Temptation Island,’’ ‘‘Joe Million- ments of American society including HILLBILLIES’’ IS REAL GARBAGE aire,’’ and now the latest, ‘‘Mr. Person- Appalachian social action groups, labor ality,’’ which features the show’s host- Mr. BYRD. Mr. President, for more unions, and various State and national ess, the talented Monica Lewinsky. than a century now, national com- legislators. (Disturbance in the Visitors’ Gal- mentators of one type or another have The United Mine Workers of Amer- leries.) stereotyped, mocked, and ridiculed the ica, the Steel Workers Union, and Com- The PRESIDING OFFICER (Mr. WAR- people of Appalachia. munication Workers have all protested NER.) If the distinguished leader would They continued to do so even as the the network’s intent to ridicule good indulge the Presiding Officer to give region and its people were savaged by people and make fun of their lifestyles. the usual admonishment to those privi- Northeast industrialists, and as eco- Forty-three Members of the House of leged to sit in the gallery of the Sen- nomic forces beyond their control re- Representatives objected to the pro- ate, they are not to enter into vocal ex- sulted in massive gaps of poverty in posed program, saying it would be ‘‘an pressions or disaffections. the region. When I say ‘‘their control,’’ insult to the millions of people living Mr. BYRD. I congratulate the Chair I refer to its being beyond the control in Appalachia.’’ on upholding the rules of the Senate.

VerDate Jan 31 2003 06:29 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.083 S25PT1 S9990 CONGRESSIONAL RECORD — SENATE July 25, 2003 Let them laugh. I am laughing, too. (The remarks of Mr. MCCAIN per- in the Administration’s request is $50 If these executives are looking for taining to the introduction of S. 1461 million for unanticipated costs associ- new ideas for television reality shows, are located in today’s RECORD under ated with the recovery and investiga- may I suggest a few. We could take ‘‘Statements on Introduced Bills and tion of the Space Shuttle Columbia ac- highly paid, well-groomed television Joint Resolutions.’’) cident. network executives and relocate them Mr. BYRD. Mr. President, I thank In order to expedite the processing of to the sticks, where they’d have to try the distinguished Senator from Ala- this supplemental, the distinguished to find a job with health care and pen- bama and I thank also the distin- chairman of the Appropriations Com- sion benefits and enough pay to sup- guished Senator from Arizona. mittee, Senator TED STEVENS, and I, as ranking member, worked together to port a family, and adjust to everyday f life in rural America. Now that would assure the earliest availability of this DISASTER RELIEF be funny! And, as the president of the emergency supplemental request by in- UMWA, Cecil Roberts, has suggested, Mr. BYRD. Mr. President, in April of corporating it into the fiscal year 2004 we could put them to work digging coal this year, Senator COCHRAN, as chair- Legislative Branch appropriations bill. from a 30-inch seam in a non-union man of the Appropriations Sub- On July 9th, only 2 days after receiving coal mine. That too would be funny! committee on Homeland Security, and the President’s supplemental request, I could suggest a program where I, as ranking member, recognized a the Appropriations Committee ordered Americans could watch television an- looming shortfall in the Federal Emer- reported the Legislative Branch appro- chormen trying to get to work on time gency Management Agency, FEMA, priations bill, which included the full each day while driving on hilly, wind- disaster relief accounts. We urged the amount for disaster relief, emergency ing two-lane roads behind huge coal President to release monies that he firefighting, and emergency NASA trucks going 5 miles an hour up steep was holding up and also that he request needs sought by the President in his hills. We would watch their frustration funds to shore up the looming short- July 7th communication, as well as build and build and could take bets on fall. Following severe floods in 19 West $100 million for a shortfall in AmeriCorps, a program which we were when they would blow their tempers. Virginia counties, I wrote to the ad- told the administration supports. The We could watch them get their $2,500 ministration again, this time pointing AmeriCorps amendment was voted on made-to-measure suits dirty as they out that the Disaster Relief account separately on the Senate floor and the are forced to change tires flattened by would likely be empty by the end of funding was sustained by an over- huge potholes created by those coal July. At the time that I wrote that let- whelming 71 to 21 vote. Susequently, trucks. We could watch them pull their ter, the disaster relief fund has a bal- the Legislative Branch appropriations cars into garages and get the estimates ance of $181 million. The balance now, bill, including the supplemental, was for repairs to the damage those pot- four weeks later, is a mere $89 million, approved on July 11th by the full Sen- holes have done. Then we could laugh and is expected to be completely ex- ate by a vote of 85 to 7, and conferees hysterically as they present ‘‘fleecing hausted by August 8th. On July 7th, the President finally were appointed. of America’’ awards to Senators who So what is the situation? The admin- try to get those highways improved. sent up an emergency supplemental request. After months of delay, the ad- istration was slow in sending up the Or we could watch nightly news pro- emergency supplemental budget re- grams featuring episodes of journalists ministration requested the additional funds to assist recovery efforts in West quest. The Senate Appropriations Com- embedded with a Marine battalion mittee, under the leadership of Senator Virginia and over 300 other areas in comprised of the sons and daughters of TED STEVENS, responded quickly, act- every State of the Nation that have Bush administration officials as they ing within 2 days of receiving the re- been hit hard by severe rains, floods, are being shot at in Iraq and Afghani- quest. And, within 2 additional days, and tornadoes. These funds will help stan. on July 11th, the measure was ap- citizens to get back on their feet. The That, of course, would not be funny, proved by the full Senate. We have communication from the White House but it would make an important point been waiting for the other body ever requested fiscal year 2003 emergency that war is a lot more glamorous and since. It has been 2 weeks since we supplemental appropriations in the macho when it is someone else’s kid acted on this bill in the Senate. We are amount of $1.9 billion for the Depart- you are sending into combat. advised that the other body plans to Television could be such a positive ment of Homeland Security, Agri- depart for the August recess tonight. tool in our society and culture. It could culture, Interior, and the National Aer- What are we to do to cover the costs be doing so much good. It could be a onautics and Space Administration, of recovering from disasters and fire powerful instrument to bring out the NASA. emergencies for the remainder of the best in us, rather than appeal to our The principal item in this request current fiscal year? FEMA has already meanest and darker sides. It could be a was $1.55 billion requested for the De- stopped making payments to States for creative instrument in elevating the partment of Homeland Security for $400 million of infrastructure repairs in standards and values of the American FEMA to provide support for ‘‘ongoing the 300 communities with outstanding people rather than lowering them. I disaster efforts and to ensure the ca- natural disasters. Communities have strongly urge the executives at CBS to pacity to respond to future disasters already been forced to put projects for reconsider their plans for the ‘‘Real and emergencies.’’ In a communication repairing damage from past disasters Beverly Hillbillies’’ in favor a program from Homeland Security Secretary on hold. that is enlightening, educational, and Tom Ridge, dated July 24, 2003, the De- In addition, if the Disaster Relief beneficial. partment now estimates that it will ex- Fund is depleted by the end of July, I yield the floor. haust existing funds by August 8th and which is just around the corner, that Mr. President, I should not take ad- that it has no authority to provide as- leaves 2 full months with no means of vantage of my two friends because I sistance in the absence of appropria- providing assistance to communities have been included in the order. I was tions. that may be hit hard by hurricanes, given 20 minutes. I yield the floor. The supplemental request also in- tornadoes, and other disasters or emer- Mr. SESSIONS. If the Senator from cluded an amount of $253 million for gencies occurring in August and Sep- West Virginia would like to make addi- fighting wildfires. As some of my col- tember. The Forest Service budget re- tional remarks, I would suggest that leagues may recall, 42 major fires, quest of $253 million for fighting 42 Senator MCCAIN had quick remarks he which have consumed over 400,000 major fires in 12 western States is would like to make and I will be glad acres, are raging in 12 western States. needed now. to have him go ahead of me. Officials at the Forest Service have Furthermore, twenty thousand I yield the floor. told the Appropriations Committee AmeriCorps volunteers will lose their Mr. BYRD. I thank the Senator. that their fire suppression budget is al- positions if supplemental funding is The PRESIDING OFFICER. The Sen- ready $420 million short of what they not approved. AmeriCorps volunteers ator from Arizona is recognized. anticipate needing between now and work in our schools teaching our chil- Mr. MCCAIN. I thank the Chair. the end of the fiscal year. Also included dren reading and math. They provide

VerDate Jan 31 2003 06:29 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.085 S25PT1 July 25, 2003 CONGRESSIONAL RECORD — SENATE S9991 care to our senior citizens, they help ginia, remembers the complaints in the The Democrats appeared to change clean up our parks, they teach the Na- Republican Conference that Senator the burden of proof—now, the judicial tion’s children and adults to read, and HATCH had been too generous to Presi- nominee seemed to bear the burden of they provide other valuable volunteer dent Clinton’s nominees. Several Re- proving that he or she was worthy of services to our communities. If we fail publican colleagues fussed at Senator the judicial service. The chairman of to provide the necessary funds for HATCH, and Members were saying, ‘‘you the Courts Subcommittee then said AmeriCorps, we will unnecessarily be are moving too many,’’ or, ‘‘we need to that this would change the basic punishing the volunteers, the commu- block them,’’ or, ‘‘let’s consider a fili- ground rules for confirmation. nities that they serve and the children, buster,’’ or, ‘‘let’s change the blue slip The Democrats also insisted on elderly and the poor who benefit from rules on circuit nominees,’’ which changes in the blue slip policy. The the skills and energy of the volunteers. would give individual Senators more blue slip policy allows home State Sen- Some 2 weeks ago, the Senate re- power than they historically had to ators certain powers to object to the sponded positively and in a timely block Clinton nominees. confirmation of Presidential nominees. manner to address these emergency re- There was a conference set aside for The Democrats wanted to enhance that quests. Now, the House is about to pass the very purpose of resolving these blue slip policy in order to block Presi- a stripped-down supplemental appro- issues. It was quite a battle. We dis- dent Bush’s nominees. They com- priations bill in the amount of $983 mil- cussed it for some time. Senator HATCH plained about it when President Clin- lion just for FEMA disaster relief, thus spoke passionately about the process, ton was in office and said it was wrong ignoring the Senate’s supplemental about what he thought the policy to use it as Republicans were properly legislation enacted 2 weeks ago for should be, about what he thought the doing. But when President Bush sent wildfire fighting, NASA emergency law was, and about what he thought up nominees, they wanted to enhance funds, and AmercCorps funding. the Constitution required. We finally the power of an individual Senator to I am distressed by the situation in voted, and we voted not to filibuster block the President’s nominees. which we find ourselves. It is not the and not to enhance the blue slip rule, And then, of course, the Democrats fault of the Chairman of the Appropria- thereby continuing the historic poli- started filibustering. They have al- tions Committee, Mr. STEVENS. He has cies of this Senate. It was a very seri- ready filibustered Priscilla Owen and been trying to find a solution to this ously contested matter. Senator HATCH Miguel Estrada. Both of those extraor- problem. The Senate has done its part argued passionately for his view, and dinarily qualified nominees languish to solve this problem. Citizens who find at the time no one was sure how the on the floor today. Both were given a themselves victimized by natural dis- vote would come out. But his argu- unanimous well-qualified rating by the asters and wildfires, and those individ- ments won the day. American Bar Association—a man and uals and communities who would have It is worth considering some other a woman of extraordinary achieve- benefited from the AmeriCorps pro- history about the confirmation proc- ment, great legal experience, superb gram, do not appreciate the game-play- ess. legal ability, and unquestioned integ- ing now taking place in the Congress. In the entire history of the American rity. Yet the Democrats chose to fili- Mr. President, I yield the floor. I Republic, it is indisputable that we buster each—the first filibusters in the again thank the distinguished Senator have never had a filibuster of a circuit history of this country for a circuit from Alabama. or a district judge. This tactic was used judge nominee. for the first time 2 years ago by the Now, we have begun to see slowdowns f Democrats. They held a retreat not in committee. The Democrats effec- HISTORY OF JUDICIAL long after the 2000 election. The New tively have begun to try to filibuster in NOMINATIONS York Times reported that a group of committee. They misinterpreted Rule Mr. SESSIONS. Mr. President, I liberal professors met with the Demo- IV of the Judiciary Committee rules, think it is important, in light of Sen- cratic Senators, and they called on the saying the chairman could not call a ator HATCH’s remarks and some of the Democrats to change the ground rules matter up for a vote unless at least one criticisms we have heard of his leader- about confirmations, to ratchet up the member of the Democratic minority ship in the Judiciary Committee a few partisanship. They had been com- agreed. days ago, that we recall a little history plaining for 8 years that President That rule was put in to make sure here on how we have handled judicial Clinton’s nominees weren’t getting that a chairman had to bring a matter nominations in the past and why we treated fairly. Overwhelmingly, I sug- up for a vote, whether the chairman are having problems today. gest, they were in error in those com- wanted to do so or not, when there The criticism of Judiciary Com- plaints. But in any case, instead of say- were ten overall votes in favor, includ- mittee Chairman ORRIN HATCH is sim- ing ‘‘we are going to act better now ing at least 1 member of the other ply unfair. He has stood foursquare for that we are in charge’’—they were in party. This rule is a limit on the power fairness, for constitutionality in the charge of the Senate for a little less of the chairman. It did not stand for process, and for good public policy as than 2 years—the Democrats decided to the novel proposition that, if the we go about confirmations. That has change the ground rules and make it Democrats stuck together, no Repub- been his record. When he chaired or even more difficult for President lican nominee could be brought up for was ranking member of the Judiciary Bush’s nominees to be confirmed. a vote. Committee during the 8 years of Presi- So let me tell you what they did. To say that rule IV should be inter- dent Clinton’s administration, 377 Clin- President Bush announced his first preted the way the Democrats on the ton nominees were confirmed to the group of judicial nominations in May committee are now complaining would bench. Only one nominee was voted 2001. He nominated 11 superbly quali- mean the chairman couldn’t bring any down. No nominee was voted down in fied lawyers. As a gesture of good faith, matter up for a vote without minority his committee. No nominee was filibus- he included 2 Democrats among these support—that a minority in committee tered in his committee. 11 nominees. One, an African-Amer- could block any nomination moving When President Clinton left office, ican, had previously been nominated by out of committee. This interpretation there were 41 judicial nominees who President Clinton. These were men and is a recipe for disaster: a chairman has had not yet been confirmed by this women of extraordinary accomplish- to be able to get a matter up for a vote, Senate. That is a very good record ment, with high ratings by the Amer- or the committee cannot do business. compared to the situation when former ican Bar Association, and with tremen- Senator HATCH interpreted the rule President Bush left office. The Demo- dous backgrounds. as he is empowered to do. The majority crats controlled the Senate at that For almost 2 years, only the two of the committee, not to mention two time, and 61 of former President Bush’s Democrats were moved promptly. Vir- parliamentarians, supported him on judicial nominees were left tually all of the remaining nine of the that. We should not and are not going unconfirmed. Those numbers are indis- eleven original nominees remained to have filibusters in the Judiciary putable. unconfirmed by 2002. They were not Committee that keep judges from even I know the distinguished Presiding even voted out of committee. They having a vote in the Judiciary Com- Officer, Senator WARNER from Vir- were blocked in committee. mittee.

VerDate Jan 31 2003 04:28 Jul 26, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.104 S25PT1 S9992 CONGRESSIONAL RECORD — SENATE July 25, 2003 I just want to say to my fellow col- respect to Miguel Estrada and Priscilla quality of Priscilla Owen or Miguel leagues that it is not correct that Owen. Instead, it looks like we may be Estrada? How can they justify opposing Chairman HATCH is acting unfairly. heading toward more filibusters. I cer- a man of such integrity, ability, patri- Chairman HATCH has acted with prin- tainly hope not. otism, and courage as Attorney Gen- ciple in this matter. He brought Clin- Of the many reasons why we eral Bill Pryor, a man of faith and in- ton nominees to the floor, and he shouldn’t have a filibuster, an impor- tegrity? These are questions that moved them forward, even when some tant one is the Article I of the Con- should be answered on the floor. Let us of us objected. Even when Senator stitution. It says the Senate shall ad- discuss these nominees’ records here. HATCH himself may have objected on vise and consent on treaties by a two- And then, let us just vote. That is what the merits, those nominees got votes. thirds vote, and simply ‘‘shall advise the Constitution and Senate tradition Take, for example, the Richard Paez and consent’’ on nominations. demand of us. nomination, which I opposed. Several Historically, we have understood I think the American people are get- people had holds on that nomination. that provision to mean—and I think ting engaged, and they are telling us Some wanted to see if we could work there is no doubt the Founders under- ‘‘we are tired of obstructionism,’’ ‘‘we with President Clinton to get some stood that to mean—that a treaty con- are tired of delays,’’ and ‘‘we believe more mainstream nominees for the firmation requires a two-thirds vote, these nominees deserve an up-and-down Ninth Circuit Court of Appeals. We but confirmation of a judicial nomina- vote.’’ I could not agree more. were hoping to negotiate with him on tion requires only a simple majority I yield the floor. that, as we tried to do with other vote. That is why we have never had a things. Finally, the Republican Major- filibuster. People on both sides of the f ity Leader, TRENT LOTT, said: It is time aisle have understood it to be wrong. for this man to have an up-and-down They have understood it to be in viola- RECESS UNTIL MONDAY, JULY 28, vote. File for cloture. He filed for clo- tion of the Constitution. 2003, AT 11 A.M. ture, and I supported cloture. ORRIN As Senator HATCH has said, the com- The PRESIDING OFFICER. Under HATCH supported cloture. TRENT LOTT plaint suggesting there was a filibuster supported cloture. When Paez was the previous order, the Senate stands on the Fortas nomination is not really voted on, I am pretty confident that in recess until 11 a.m. on Monday. correct. They had debate for several TRENT LOTT voted against him, just as Thereupon, the Senate, at 3:35 p.m., I voted against him. Several dozen days. Apparently, when the votes were recessed until Monday, July 28, 2003, at votes were cast against him. counted, it was clear that considering 11 a.m. I note parenthetically that now- those who were absent, there were Judge Paez was part of a panel of the enough votes to defeat the nomination, f Ninth Circuit that overturned the and the nomination was withdrawn. NOMINATIONS ‘‘three strikes’’ law in California. That So there has never really been a fili- panel was overruled by the U.S. Su- buster of a judicial nominee in the Sen- Executive nominations received by preme Court earlier this year. Judge ate until now, when our Democratic the Senate July 25, 2003: Paez was also part of the panel that de- colleagues have decided to change the THE JUDICIARY ground rules on confirmation. They clared the Pledge of Allegiance uncon- JANICE R. BROWN, OF CALIFORNIA, TO BE UNITED stitutional because it had the words have said so and done so openly, and STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- seem to be little concerned that the BIA CIRCUIT, VICE STEPHEN F. WILLIAMS, RETIRED. ‘‘under God’’ in it. BRETT M. KAVANAUGH, OF MARYLAND, TO BE UNITED Notwithstanding indications of such Constitution may be violated in the STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- judicial activism during his confirma- process. BIA CIRCUIT, VICE LAURENCE H. SILBERMAN, RETIRED. tion hearing and process, Judge Paez Mr. President, these nominees are en- NUCLEAR REGULATORY COMMISSION was confirmed. He got his up-or-down titled to an up-and-down vote. If a JOHN JOSEPH GROSSENBACHER, OF ILLINOIS, TO BE A Member does not like them, he or she MEMBER OF THE NUCLEAR REGULATORY COMMISSION vote. The Republican leadership moved FOR THE REMAINDER OF THE TERM EXPIRING JUNE 30, the nomination forward. can vote against them. But it is time 2004, VICE RICHARD A. MESERVE, RESIGNED. to move these nominees. How can they JOHN JOSEPH GROSSENBACHER, OF ILLINOIS, TO BE A That is all we are asking of the MEMBER OF THE NUCLEAR REGULATORY COMMISSION Democratic leader, TOM DASCHLE, with defend voting against nominees of the FOR A TERM EXPIRING JUNE 30, 2009. (REAPPOINTMENT)

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