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, TUESDAY, SEPTEMBER 16, 2003 No. 127 Senate The Senate met at 9:30 a.m. and was the robust nuclear earth penetrator. I DISAPPROVING FEDERAL COMMU- called to order by the President pro encourage Members who would like to NICATIONS COMMISSION BROAD- tempore (Mr. STEVENS). speak to that amendment to remain CAST MEDIA OWNERSHIP RULE following the vote on the FCC resolu- The PRESIDENT pro tempore. Under PRAYER tion. It is hoped we can dispose of that the previous order, the Senate will re- The Chaplain, Dr. Barry C. Black, of- amendment and continue with addi- sume the consideration of S.J. Res. 17, fered the following prayer: tional amendments to the energy and which the clerk will report. Let us pray. water appropriations bill. The legislative clerk read as follows: Eternal and Almighty God, You are Rollcall votes will occur throughout A joint resolution (S.J. Res. 17) dis- the alpha and omega, the beginning the day as we attempt to finish our approving the rules submitted by the Federal and the ending. Keep us alert to the work on this bill, which will be the Communications Commission with respect needs of our time. Give us enough hu- sixth appropriations bill to be com- to broadcast media ownership. mility to respect the opinions of others pleted. The PRESIDENT pro tempore. The and enough wisdom to acknowledge our In addition, we will resume consider- time until 10:45 is equally divided be- common humanity. Give this Senate a ation of the House message to accom- tween the two leaders or their des- unity of mind and purpose and the real- pany S. 3, the partial-birth abortion ignees. ization that all things work together ban, for the remaining 6 hours. Last Who yields time? for good to those who love You. Bless night, the Senate used 2 of the 8 hours The Senator from North Dakota. our military men and women who that were provided under the previous Mr. DORGAN. Mr. President, I yield stand as guardians of our freedoms. unanimous consent agreement. We will 10 minutes to the Senator from Texas. Lord, from the cradle to the grave, we return to the debate following today’s Before yielding, let me just briefly need You. Guide and sustain us until action on the energy and water bill. say, this resolution of disapproval deal- the journey ends. We pray this in Your Also, today, we will recess from 12:30 ing with the rules on broadcast owner- strong Name. Amen. to 2:15 for the weekly party luncheons ship by the Federal Communications to meet. f Commission is a rarely used—— f Mr. MCCAIN. Mr. President, is the PLEDGE OF ALLEGIANCE Senator from North Dakota granting RECOGNITION OF THE ACTING The PRESIDENT pro tempore led the himself time? MINORITY LEADER Pledge of Allegiance, as follows: Mr. DORGAN. Mr. President, there is I pledge allegiance to the Flag of the The PRESIDENT pro tempore. The 30 minutes granted to each side, as I United States of America, and to the Repub- acting minority leader is recognized. understand it. lic for which it stands, one nation under God, Mr. REID. Mr. President, I think we The PRESIDENT pro tempore. The indivisible, with liberty and justice for all. might be in a position to set a time for time until 10:45 is equally divided. f a vote on the Feinstein amendment. If Mr. DORGAN. Mr. President, let me we do that, I think it would be to ev- grant myself such time as I may con- RECOGNITION OF THE MAJORITY eryone’s best interests. Maybe it could sume. Then I will yield 10 minutes to LEADER be right after the caucuses or some- the Senator from Texas. The PRESIDENT pro tempore. The thing such as that. The PRESIDENT pro tempore. The majority leader is recognized. Mr. FRIST. Mr. President, at this Senator is recognized. f juncture, until I talk to our manager of Mr. DORGAN. I was simply making the bill, I do not want to establish a the point that this is a resolution of SCHEDULE fixed time. I do want to proceed to that disapproval. It is rarely used in the Mr. FRIST. Mr. President, this morn- vote earlier rather than later. We will Senate. I think this is only the second ing the Senate will resume debate on continue that discussion and under- time it has been used. But this is a S.J. Res. 17, relating to the disapproval stand that they are ready fairly early critically important issue. We will of an FCC rule. Under the order, the in the day. have a number of speakers describing vote will occur on passage of that reso- f why this resolution of disapproval has lution at 10:45 this morning. been brought to the floor of the Senate. Following that vote, the Senate will RESERVATION OF LEADER TIME I yield 10 minutes to the Senator resume consideration of the energy and The PRESIDENT pro tempore. Under from Texas. water appropriations bill. Pending is the previous order, the leadership time The PRESIDENT pro tempore. The the Feinstein amendment relating to is reserved. Senator from Texas.

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

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VerDate jul 14 2003 00:00 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.000 S16PT1 S11502 CONGRESSIONAL RECORD — SENATE September 16, 2003 Mrs. HUTCHISON. Mr. President, I do good jobs in many respects. What we I think the voices that are coming into rise today to speak for the resolution are talking about is other cities and al- radio are very healthy. I think talk that would disapprove the FCC ruling lowing this kind of concentration to radio has given voice to the silent ma- of June 2. In 1996, we passed the Tele- pop up all over the country—the only jority. The last thing this has anything communications Act which said Con- newspaper in town plus the major tele- to do with is the fairness doctrine, and gress should work toward deregulating vision station. yet my friend Rush Limbaugh and the the media. We charged the FCC with In the FCC’s own poll, it showed that Wall Street Journal somehow tied the ensuring the protection of competition, 74 percent of the people in a commu- fairness doctrine to a newspaper/tele- diversity, and localism. nity get their local news from a com- vision cross-ownership issue. I think the rule that came out does bination of television and newspaper— Letting one entity own the only the opposite. It does not protect the lo- 74 percent. If you have one company newspaper in town and the major tele- calism and the diversity, particularly owning the newspaper and the major vision station in town is lowering the in the newspaper and television mar- television station, you have a con- number of voices in the media, not in- kets. We must turn back the entire centration that could be unhealthy. If creasing the number. So while some rule, even if we agree with part of it, in it is unhealthy, it will be too late to go people are more concerned about the 35 order to tell the FCC to go back and back and retrofit because these compa- to 45 percent, I am focused on the start again. nies will make these investments based newspaper/television ownership that I I think the FCC could come up with on the rules of the time. think affects our country. another rule which would have some of We should proceed with caution. I The PRESIDENT pro tempore. The the components of its June 2 rule, think we should overturn this rule, ask Senator’s time has expired. Mrs. HUTCHISON. I ask unanimous along with taking out parts that many the FCC to go back to the drawing consent for 1 additional minute. of us believe actually will hurt local- board and take more testimony. They The PRESIDENT pro tempore. With- ism. had one hearing—one hearing—before out objection, it is so ordered. There are 100 Senators in this body. they came out with this rule. Two of Mrs. HUTCHISON. I will close by Probably each one has a different view the members of the Commission were saying that when we are talking about of what would be best in the media. so concerned that they went out across lowering the number of voices in the Overall, I think it is important for us the country and had hearings of their media, we should proceed with caution. to be more cautious rather than less own. But even though there was a lot Voting for this resolution of review cautious, because what can happen if of testimony, it does not appear that says to the FCC: You went too far in you lower the number of voices in the the FCC took that testimony into ac- some respects—not every respect. We media, and companies make invest- count when they made this rule of may disagree on the areas, but you ments based on the rules at the time, is June 2. In fact, those two members need to listen more to Congress and to later, down the road, if you determine voted the other way. the people who have spoken. that, in fact, we have lowered the num- They had heard the people speak, and I hope people will vote yes, and I ber of voices in the media—and it is to they were concerned about this kind of hope the FCC will be responsive. the detriment of the consuming pub- concentration. I thank the Chair. I yield the floor. lic—then I don’t think you should pe- So whether you agree in part with The PRESIDENT pro tempore. Who nalize the companies that made deci- the FCC or not at all, I hope you will yields time? sions based on the rules at the time. support the turning back of the rule so Mr. MCCAIN. Is the Senator speaking I think stability in regulations is a that we will give the FCC a chance to for or against? good business principle. I think if you go back to the drawing board, hear Mr. FEINGOLD. Mr. President, I am look at the particular part of the rule what Congress says, hopefully hear speaking for. that deals with newspaper/television more from the public, and come out Mr. DORGAN. Mr. President, I think cross-ownership, you have the worst with rules particularly in the area of appropriately at this point, Senator part of the decision and the one that newspaper/television cross-ownership MCCAIN in opposition will yield time concerns me the most. And we have ex- that I think should continue the ban. and then I will be happy to yield time amples because three companies were Congress passed the law in 1996, giv- to the Senator from Wisconsin at an grandfathered when the rules were ing the responsibility to the FCC. appropriate time. made on cross-ownership. So we have Some people say: Well, why is Congress Mr. MCCAIN. How much time does seen what can happen in a local market getting involved? Well, it is Congress’s the Senator from Louisiana wish? Mr. BREAUX. A couple minutes—3 when a company is allowed to own the responsibility to get involved with reg- minutes. only newspaper in town plus the major ulators when the regulators do not im- Mr. MCCAIN. I yield 5 minutes to the plement the law that Congress passed television station in town, and then Senator from Louisiana. perhaps even radio. when they were given the responsi- The PRESIDENT pro tempore. The I believe radio is pretty diversified. I bility to do just that. It would be an Senator from Louisiana is recognized do not think we have a problem with abdication of our responsibility if a for 5 minutes. the number of voices in radio. My con- majority of Congress disagreed with Mr. BREAUX. I thank the distin- cern is ownership of the only news- part of the ruling that we would not guished chairman of the committee. paper in a market plus a major tele- take control of the decision. We are the Mr. President, I will just make a cou- vision station in the market. And we elected representatives. The FCC is an ple of comments in opposition to the have examples of that. appointed body to which we have dele- resolution because I think the resolu- In Dallas, we have one company that gated responsibility to make rules. If tion is sort of a broad-brush approach owns the only newspaper in town plus we do not agree with the entire rule, it that takes down everything the FCC the largest ABC television affiliate, is our responsibility to act, and that is has recommended, things that make which has the largest market share of why the Congressional Review Act was sense that are good and also things viewers for all editions of the news. passed. about which some people may have In Atlanta, we have one company I want to talk for a minute about questions. It really is a resolution that that has the only newspaper in town what this is not. I was amazed, because assumes, in my opinion, that if things that is a regular newspaper. It also I think very highly of the Wall Street are small, they are necessarily good; if owns the major television station in Journal in most respects—in almost things are big, they are necessarily town, one of the Nation’s top per- every respect—but they had an edi- bad. forming ABC affiliates, and it also hap- torial last Friday that said if we turn I think particularly as this is clearly pens to own 25 percent of the radio back the rule on cross-ownership of spelled out with regard to part of the market. So I think that is a pretty newspapers and television, somehow FCC’s rule that deals with the question alarming amount of concentration. this is going to bring back a review of of television ownership, the rule from Maybe they do a good job. But what the fairness doctrine. the FCC basically allowed the tele- we are talking about is not Atlanta. I do not support the fairness doc- vision stations to move up to a 45-per- We are not talking about Dallas. They trine. I think radio is quite diversified. cent-of-viewer cap before they would be

VerDate jul 14 2003 00:00 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.002 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11503 prohibited from owning additional tele- done makes no sense. The network- a lot, and wherever I go, radio stations vision stations. owned stations, in fact, show about 37 sound more and more alike. Why? Be- It seems to me that if you look at percent more local news than locally cause they are no longer programmed media concentration now, you have owned stations do. So I argue that this by local DJs but by executives at cor- 1,721 television stations in the United resolution be voted down. porate headquarters hundreds of miles States and the networks only own a I yield the remainder of my time. away. very small percentage of those sta- The PRESIDENT pro tempore. The As we begin to examine the issue of tions. If you consider the people who Senator’s time has expired. file-sharing, and look for ways to pro- watch the stations, you will find also Who yields time? tect copyright owners and artists from that the viewership of these network- Mr. DORGAN. Mr. President, I yield 4 infringement of the copyrights on owned stations, indeed, is very small. minutes to the Senator from Wis- works they struggled to create, we It is not as if a couple of networks consin. should keep in mind that there used to have all the viewers and are therefore The PRESIDENT pro tempore. The be a time when American young people monopolizing what people see and Senator from Wisconsin is recognized. heard new music on the radio, when there is no diversity. That is simply Mr. FEINGOLD. Mr. President, I will they explored the variety of musical not the fact at all. If you look at vote in favor of S.J. Res. 17, the bipar- styles and genres by flipping channels. Viacom, which owns CBS, in prime tisan resolution of disapproval which DJs used to make a name for them- time viewing, they have about 3.4 per- would overturn the Federal Commu- selves by playing new artists, or taking cent—3.4 percent of the total TV house- nications Commission’s new rules on changes on records other DJs had over- holds. News Corp, which owns Fox, has broadcast media ownership. I am very looked. New local programmers do not about 3.1 percent. General Electric, proud to be an original cosponsor of have the freedom to deviate from the which owns NBC, has 2.8 percent. And this measure because I believe the FCC corporate playlist, and young people Disney, which has ABC stations, has has acted in gross disregard of its man- are turning off their radios and booting about 1.5 percent of the total TV date, of good public policy, and of the up file-sharing programs like Kazaa. households watching their network will of the American people. The homogenization of American programming in prime time. When the public became aware that radio is a grim predictor of the con- The problem with the argument that the Federal Communications Commis- sequences of deregulation. If allowed to the cap is somehow going to change sion was considering new rules on stand, the FCC rules will ravage the things and make a concentration of media consolidation earlier this year, independence and character of other ownership of what people see makes no the explosion of concern was imme- forms of media, from television to sense whatsoever, because the way it is diate, heartfelt, and unprecedented. newspapers, the way radio has already currently measured, stations that are Close to three-quarters of a million been ravaged. This resolution is our in large television markets are as- people registered their views with the chance to say no. sumed to have everybody in the mar- FCC before it issued its decision, more If this resolution of disapproval ket watching their stations. than for any proceeding in its history. passes, I hope the FCC will finally un- A station that is owned by the net- Public opinion was almost unanimous derstand how seriously we in Congress work that happens to have a station in in opposition to further relaxation of feel about this issue. I hope the FCC Los Angeles, Houston, Miami, New media ownership restrictions. gets the message. They did not just York, or Chicago probably exceeds a So how did the FCC respond to this make an honest mistake. They did not cap of 35 percent of the potential view- clear statement of the will of the peo- just misinterpret a complicated or am- ing audience, but in reality they may ple? With the back of its hand. Only biguous statute. They headed off in en- have only a very small number of peo- one official public hearing was held. tirely the wrong direction. They ig- ple in those cities actually watching This was more than carelessness or bu- nored the will of the American people. them. reaucratic inertia. This was simple dis- That is why I will support this resolu- So the standard of measurement that dain for the public in whose interest tion, and I urge my colleagues to do so we use is totally illogical. It would be the FCC by statute is required to act. as well. like saying an automobile dealer in Among the many letters I have re- The PRESIDENT pro tempore. The New York has 6 percent of the total ceived on this issue was one from Nich- Senator’s time has expired. sales in the United States because New olas Dzubay, a Republican alderman on Mr. MCCAIN. Mr. President, I yield 10 York is about 6 percent of the market. the city council of Barron, WI. Alder- minutes to the Senator from Nevada. That would be fine if the automobile man Dzubay said his area’s radio sta- The PRESIDENT pro tempore. The dealer sold every car that is bought in tions were suffocating under the con- Senator from Nevada is recognized for New York, but that is not the case. trol of a single corporation. He hopes 10 minutes. There are probably literally thousands we will not allow television and other Mr. ENSIGN. Mr. President, I rise to of other competitors in that market. broadcast media in his area to be mo- speak against the resolution that we The same thing is true in the tele- nopolized in the same way. have before us today. I will make a few vision market. As an example, an ABC I was also particularly struck by a points that are being overlooked in station in Los Angeles does not have letter from the Reverend Robert this debate. First, when the original everybody in the Los Angeles market Stiefvater, the Vocations Director for ideas for this cap on percentage of watching their station. There are prob- the Archdiocese of Milwaukee. He media ownership were put into place, ably 200 to 300 additional stations that wrote: they were put into place because of the a viewer can watch in the evenings and principle that we did not want a small I find it very difficult to get news into our look at a diverse range of programs local market here in Southeastern Wis- group of people owning our airwaves to that happen to be available. consin. The FCC’s June 2 decision to radi- the point where they would be able to So the argument that because a sta- cally weaken the remaining ownership rules control thought, whether it is political tion happens to have a tower in a large will unacceptably harm my ability, the thought or any other kinds of thought, city it has all the viewers in that city Archdiocese’s and its community’s ability to in the United States. So when these is illogical at best and misleading in receive and distribute local independent pro- were put into place, we had basically fact. gramming. three networks. Another point is when we look at the If any of us doubts the dangers of the When I was growing up, there vir- amount of diversity that networks road down which the FCC wants to tually was no cable and everybody had give, obviously the studies have shown send us, the story of American radio over-the-air broadcast television. We they, in fact, offer far more local pro- stands as a powerful warning. Unprece- had the three stations, and whatever gramming than nonnetwork-owned sta- dented consolidation followed the Tele- were on those three stations is what tions. Those facts are clear. They are communications Act of 1996, but the one watched. We were lucky to have indisputable. real story is told over the airwaves. one or two, maybe three, radio sta- I think what we do in saying we are Radio does not sound like it used to. tions, especially if we were not in a going to throw out what the FCC has Like most of us in the Senate, I travel major media market.

VerDate jul 14 2003 00:00 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.006 S16PT1 S11504 CONGRESSIONAL RECORD — SENATE September 16, 2003 The reality of today is that we not I happen to be a Republican. In Las view, the market will determine where only have the over-the-air broadcast Vegas, NV, these two entities I am they get their information based on with the three networks, we also have going to talk about lean more to the people choosing which stations they Fox, UPN, and others, but we have sys- left. There is a TV station in cross- choose to watch. tems whereby the vast majority of the ownership with one of the newspapers That seems to me to be the American homes in America can either get cable in Las Vegas and, since they have been way. Let there be plenty of choices out or some kind of a direct satellite TV in existence, the coverage of local poli- there. Let freedom ring, basically, and system that has hundreds of stations tics, not only by them but also by their then Americans will choose what the which provide news, which provide en- competitors, has increased dramati- percentage of viewership is based on tertainment, which provide all kinds of cally. I think that is good. That is the choices they make. information. more localism. There is cross-owner- In this Senator’s opinion, this resolu- In media markets, for instance, ship there, but that is localism. tion before us today would go the exact where I live in Las Vegas, NV, someone I think the precautions the FCC has opposite way of that we should be cannot turn the dial without getting a put into place on cross-ownership, going. We should be liberalizing these new radio station, both AM and FM. where you have to have a certain num- rules so broadcast stations have a The choices are incredible. Other types ber of TV stations within a market if chance to compete. We are watching of information we have coming into there is only one major newspaper, are daily the quality of programming in our household today include the Inter- the right kind of precautions to put in. our broadcast television go down be- net. Anybody can set up Web sites or The point is, are we giving people cause it is incredibly expensive to news information-sharing sources. choice? Where they choose to view is produce those shows today. So we are That is becoming a larger part of how up to them. We should not be in the seeing more shows like ‘‘Survivor,’’ people get their information. business of regulating what they with these people on reality television Other than the major media outlets, watch, what they read, and who owns shows that frankly don’t cost a lot of there is the Drudge Report and other those, if we have enough choices in an money to produce because you don’t places on the Internet where people are area. I actually believe the FCC could have to pay the big actors. We want to getting information. The point is that have gone farther than they went. This reverse that trend, go the other way, there are so many more places for in- is a very conservative move they have and the way to do that is to liberalize formation to be had today than when made today. If we are starting to be in the ownership rules. these rules at 25-percent caps were ini- the business of regulating how many I yield the floor. The PRESIDENT pro tempore. Who tially put into place. people you can attract to your tele- The other major point I make is that yields time? vision stations, then we are starting to Mr. DORGAN. Mr. President, I yield 3 what we are talking about is potential regulate whether you are getting too minutes to the Senator from Wash- viewership. Right now, the cap is set at popular. That seems to be wrong- ington, Senator MURRAY. 35 percent. It wants to be raised to 45 headed, in my opinion. The PRESIDENT pro tempore. The percent. I believe the FCC tinkered a It seems to be right that if you have Senator from Washington is recognized little bit around the edges. This is not a couple of gas stations in an area, as for 3 minutes. the tidal wave of change that people long as you have choice among the gas Mrs. MURRAY. Mr. President, like are talking about. This is a minor stations, that is the important aspect. many Americans, I was disappointed by change in that it is potential You don’t want a monopoly saying this the Federal Communications Commis- viewership, it is how many homes can is the only gas station to which you sion’s recent order on media ownership. be reached. It is not how many people can go. If we have 200 different gas sta- As my colleagues know, on June 2 the are watching a station at any one time. tions, it doesn’t matter whether Exxon FCC voted to relax the rules on media It is how much potential reach can one reaches 100 percent of the cities in the ownership. That order could reduce have into the home? United States. If there are 200 different local news coverage and could hinder So we are not only saying it does not gas stations in each one of the markets the diversity of views presented in the matter how many choices one has, it around the country, who cares? Be- news media. only matters how many homes can cause there would be competition to I rise in support of the bipartisan res- somebody potentially reach. It does make sure Exxon is keeping its gas at olution offered by Senators DORGAN not matter if somebody reaches 100 per- the right price; otherwise, they would and LOTT to invalidate the FCC’s cent of the homes, as long as they have not be able to compete. media ownership order. Passage of this plenty of other choices. We should be That is the same thing we have here. resolution will help ensure that the making sure there are plenty of It really doesn’t matter, in my opinion, marketplace of ideas is not dominated choices. When people choose which sta- whether ABC or NBC covers the entire by a few corporate conglomerates at tion they watch, they should be free to United States. If there are 200 active the expense of our citizens and our de- choose whatever stations they want. choices just on television to be able to mocracy. We have also heard mention in this choose from, then let people choose Since its founding, our Nation has al- debate about cross-ownership with where they are going to watch based on ways recognized the importance of a newspapers. One of the big complaints their remote control or based on how free press in helping citizens make in- I hear about localism is that a lot of they flip channels. That seems to be formed decisions on critical public the TV stations today do not cover the right kind of choices America issues. Over the past few years, we local politics. We know when there is should be all about. have seen massive mergers take place cross-ownership there are more re- We are in this fear. There are some in many industries, but Americans rec- sources, especially in smaller media on the right and there are some on the ognize that the news media are dif- markets where necessarily TV stations left who are afraid that either liberals ferent. They don’t just produce a prod- or the newspapers do not have the kind or the conservatives are going to con- uct to make a profit. They also provide of resources to put good reporters on trol too much of the media and control a vital public service that could be un- the beat and they do not cover as much too much thought in one regard. dermined if just a few mega-corpora- local politics. When there is cross-own- Whichever side of the political spec- tions control what we can read, see and ership, we see 50 percent more local trum people may have had a bad per- hear. That is why the FCC’s order has news and public affairs programming, sonal experience because in their area provoked such a large public backlash. and an important thing is that local maybe the liberals controlled it or in By a 3–2 vote, the FCC made two politics is covered. This is one of the another area maybe the conservatives major changes. First, it lifted a restric- big gripes I had in my last few cam- controlled it. People complain about tion that prevents mergers between paigns, that the local TV stations— Fox News today; people complain about newspaper and television stations in whether they are owned inside the talk radio; you hear conservatives the same market. This is known as the State or outside the State, it was the complaining about the major TV net- cross-ownership rule. Until now, that same thing—didn’t cover local politics works and all that. But as long as peo- restriction has ensured that one com- enough. ple have the choices of where they pany does not control both newspaper

VerDate jul 14 2003 00:00 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.008 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11505 and television coverage in an area. order. Unfortunately, that approach amendment undid the Commission’s That helps ensure that consumers have would still leave the door open for the decision to lift the cross-ownership access to diverse sources of informa- FCC to simply rewrite the rule and do ban. tion. an ‘‘end run’’ around Congress. A bet- I didn’t agree with his original By eliminating this cross-ownership ter way to invalidate the rule is to use amendment because I thought that the rule, however, consumers could end up the Congressional Review Act, CRA. It FCC’s decision to lift the cross-owner- with fewer voices and perspectives on would stop the rule and would also pre- ship ban was prudent. I was concerned the public airwaves and in the news- vent the FCC from re-imposing it later that the amendment of the Senator paper. The number one television sta- under a different name. from North Dakota didn’t contemplate tion in a market could be owned by the In the Appropriations Committee, we situations in small markets where dominant newspaper or even the only included a provision that would lower cross-ownership between newspapers newspaper in that same market. We are the media cap back to 35 percent. That and TV stations is necessary. There- not talking about something that mirrored a similar provision in the fore, in committee I added language to could happen in just one or two cities. House’s Commerce, Justice, State, and his amendment which allows for a This could happen all over the country. Judiciary Appropriations bill. We must waiver procedure in small markets. Down the road, the order could encour- finish the job today by using the CRA This pending resolution, however, age just a handful of powerful corpora- to invalidate the whole rule. does not contemplate the small mar- tions to own nearly every media outlet. Mr. President, 80 percent of Ameri- kets at all in the context of cross-own- That could hinder diverse and alter- cans get their news from local TV and ership. This concerns me and should native viewpoints. It could also mean newspapers. We cannot allow a handful certainly concern others as well, espe- fewer reporters and resources for cov- of corporations to dictate what all cially those who represent small mar- ering local and community events. Americans can see, hear, and read as kets. The newspaper market is already they make decisions on critical public Last week the Third Circuit issued much less diverse than it was 25 years issues. I urge my colleagues to vote for an order staying the FCC media owner- ago. Since 1975, two-thirds of inde- diverse media ownership by supporting ship rules, pending resolution of the pendent newspaper owners have dis- this resolution. consolidated proceeding before that appeared. The FCC’s first order sets the The PRESIDING OFFICER (Mr. EN- court. Therefore, this Third Circuit stage for a further reduction in inde- SIGN). Who yields time? stay has creates status quo allowing pendent newspaper ownership. Mr. MCCAIN. Mr. President, I yield the stake holders to fully brief and The FCC’s second order would allow the Senator from Alaska such time as argue their sides. broadcast networks to own more sta- he may consume. Finally, the issue that has received tions across the country. Currently, The PRESIDING OFFICER. The Sen- the most support and attention from one broadcast network cannot own sta- ator from Alaska. my colleagues and from diverse inter- tions that reach more than 35 percent Mr. STEVENS. Mr. President, I op- est groups is the 35 percent cap issue. of the public. The FCC just raised that pose this resolution which would dis- That issue has been addressed by both limit to 45 percent. This order threat- approve all of the FCC’s recent rulings the House in the CJS appropriations ens to reduce the amount of local news on media ownership. I oppose it for sev- bill and by the Senate Appropriations coverage available to citizens. Just eral reasons. Committee in the CJS bill. look at what has happened in the radio In the first place, the court of ap- Therefore, with all of these various industry. National radio networks have peals has stayed this resolution, and it tracks already in play, I don’t think it gobbled up local stations. Many have is reviewing its contents. I do not is wise to open another can of worms consolidated their news operations to think it is appropriate for the Senate on the same issues. It is not produc- the detriment of local consumers. Get- to pass such a resolution when there tive. ting rid of local news coverage is not already exists legislation that address- The PRESIDING OFFICER. The mi- good for our local communities and es the most contentious media owner- nority leader. their residents. This change could be ship issues. Mr. DASCHLE. Mr. President, I will especially troubling in rural areas. As one of the original sponsors of the use my leader time to make a state- I have been working on this issue for legislation that is on the calendar al- ment on the matter before us. several months, and I believe we have ready, I urge the Senate to take up Mr. President, the Senate faces a reached a critical juncture that calls that bill and not approve this resolu- critical decision today—whether new for Senate action. tion. My legislation, S. 1046, has the media ownership rules proposed by the On April 9, nearly 2 months before support of a majority of the Members FCC truly serve the public interest. the ruling, I sent a letter to FCC Chair- of the Senate Commerce Committee. They do not, and we should pass this man Michael Powell along with 14 I do not support this attempt to un- resolution of disapproval and force the other U.S. Senators from both political ravel everything that the FCC did re- FCC to rework them. parties. We asked the FCC to let the garding the media ownership rules. For On June 2, 2003, the Federal Commu- Congress and the public review and the most part, I think the Commission nications Commission adopted new comment on the proposed changes be- did a good job on the media ownership broadcast media ownership rules that fore they were enacted. issues, absent one issue regarding 35 would allow greater concentration of When the order came out in June, I percent. ownership of U.S. broadcast television expressed my concerns. My main concern all along was to stations, both at the national and local A couple of weeks ago in the Appro- keep the national ownership cap at the levels. At the national level, a single priations Committee, I echoed the 35 percent level, and that was the pri- owner could own stations capable of comments of Senators DORGAN and mary focus of the bill that I intro- reaching up to 45 percent of the na- HUTCHISON on the need to either fix or duced. In fact, that bill already passed tional audience—up from 35 percent— eliminate this order through action on out of the Commerce Committee. under the new rules. A single entity the Senate floor, and that is why I’m My bill prohibits ownership of TV could reach up to twice that percent- here today in support of this resolu- broadcast stations if the ownership ex- age of the national audience if he or tion. ceeds 35 percent of the national TV au- she owned UHF stations. In most mar- The rule was scheduled to take effect dience. It maintains the status quo for kets, duopolies ownership of two sta- on September 4, but was postponed the cap and closely tracks what Con- tions in the same market would be al- when the Third Circuit Court of Ap- gress originally intended in the lowed, and triopolies would be allowed peals issued a temporary stay. This Telecom Act. in the largest markets. stay could be lifted if the FCC meets There were several amendments that The new rules would also allow cross- the court’s requirements, so the Senate were added to my bill in the Commerce ownership of broadcast television sta- needs to act quickly. Committee which addressed other parts tions and major newspapers in all but One option before the Senate is to of the rules. One was offered by my col- the smallest of media markets as well pass a law invalidating the FCC’s league from North Dakota. That as greater cross-ownership of television

VerDate jul 14 2003 00:00 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.003 S16PT1 S11506 CONGRESSIONAL RECORD — SENATE September 16, 2003 and radio stations. The rules would has talked about. In fact, the lack of process? But a funny thing happened theoretically allow one owner to reach localism in radio is so undeniable that on the way to the vote. As soon as peo- 90 percent of national TV audience and, even the FCC has agreed to address it ple outside the Beltway did learn what in a large market, own three television in the one aspect of the proposed rules the FCC was planning to do, they pro- stations, eight radio stations, the only that makes sense. tested, and they protested in large daily newspaper, and the cable com- But localism in television is also at numbers. pany. risk local entertainment choices as Of the 2 million individuals who com- The public overwhelmingly opposes well as news. James Goodman of Cap- mented on the FCC’s proposed rules, 99 these new rules. In fact, a recent CNN ital Broadcasting in North Carolina ex- percent opposed them. Ninety-nine per- poll found that 96 percent of Americans plained it well in his testimony before cent. Of the first 10,000 comments that believe there is already too much the Commerce Committee. He owns were sampled separately, there were media concentration—that ownership Fox and CBS stations in Raleigh. Out only 57 comments in favor of the rules, of too many media outlets is already of respect for his local audience’s sen- and only 11 of those 57 were from peo- under the control of too few corpora- sibilities, he has refused to carry either ple with no vested interest in the rules tions. network’s ‘‘reality TV’’ shows, includ- changes. Why should Congress care? For sev- ing ‘‘Temptation Island,’’ ‘‘Cupid,’’ Those margins are essentially un- eral reasons. ‘‘Who Wants to Marry a Millionaire,’’ heard of in American politics. Near Congress has repeatedly mandated, and ‘‘Married by America.’’ His actions unanimity. But in the halls of the FCC, most recently in the Telecommuni- have met with intense resistance from that overwhelmingly negative input cations Act of 1996, that the FCC serve the networks, and he has expressed his was essentially ignored. The votes of the public interest by promoting com- grave concern that if the networks’ the American people didn’t count. Only petition, diversity of viewpoints, and ability to own more and more of the three votes counted—the votes of three localism. These rules fail on all counts. broadcast outlets goes unchecked, commissioners who decided that they knew better than 99 percent of the peo- First, competition. Remember that local stations and communities won’t ple who commented on the rules. there are a limited number of broad- have any ability to choose their own cast licenses available. Ted Turner, The FCC’s hasty process also effec- programming. They will be forced to tively blocked public comment on who bought one station and turned it air the network fare, even when it is into a media giant, addressed the rules’ many issues. Allowing for public com- offensive to local viewers. ment isn’t just the right thing to do. It potential effect on competition. Turner Finally, and most important, there is generally leads to a better product. wrote in an op-ed that if he had been an even more basic threat posed by The FCC has an expert staff. But mis- faced with the FCC’s new rules, he these new rules: It is a threat to de- takes can and do happen. And an agen- never could have started his own media mocracy itself. The integrity of our de- company: ‘‘If a young media entre- cy as determined to act quickly as the mocracy depends on an informed elec- FCC was on this matter is more likely preneur were trying to get started torate. Again, the vast majority of to make mistakes. today under these proposed rules, he or Americans get their news and informa- One such apparent mistake affects she wouldn’t be able to buy a UHF sta- tion from television and/or their local my state of South Dakota and would tion, as I did. They’re all bought up,’’ newspaper. If we allow the limited classify Sioux Falls as having more tel- he wrote. broadcast spectrum to be controlled by evision stations than Detroit. It does Turner added that even if that young a handful of companies, how can we so by counting five public broadcast entrepreneur could buy a UHF station, maintain the free marketplace of stations as separate stations even he or she wouldn’t have access to the ideas? though they broadcast the same signal. programming and distribution needed, Those in the print media rightfully As a result, Sioux Falls is considered as both are largely controlled by the chafe at the prospect of government re- to have 11 stations instead of 7. And major media companies. ‘‘Today both strictions. Anyone in America has the Sioux Falls, the 112th-largest market (programming and distribution) are right to print their ideas. But when we by population, is counted as having owned by conglomerates that keep the talk of broadcast media, we are talking more stations than Detroit, the 10th- best for themselves and leave the worst about public airwaves, and that is a largest market. for you if they sell anything to you at different matter altogether. Again, Some commercial broadcasters own all. It’s hard to compete when your space on the spectrum is limited, and multiple stations that broadcast iden- suppliers are owned by your competi- so are broadcast licenses. And the FCC tical signals. FCC rules appropriately tors,’’ he said. was created to regulate them in the treat them as one station. But the ex- Second, independence and diversity public interest—not to rubber-stamp emption applies only to commercial of viewpoints. Many argue there are an the industry’s wish list. stations, not public television stations. infinite number of media outlets today, Not only are the new rules a threat FCC Commissioner Jonathan especially given the huge growth in to democracy, but the process by which Adelstein, a South Dakota native, cable channels and internet addresses. they were approved is a threat to de- identified the error and encouraged his But the vast majority of Americans get mocracy. colleagues to correct it, but the Com- their news and information from tele- In response to pressure from the mission has not done so. vision news and/or their local news- Democratic appointees to the Commis- The consequences of such an error paper. And realize that none of the sion, FCC Chairman Michael Powell are real. Because the new rules con- cable news channels have anywhere called only one official field hearing. sider Sioux Falls to have 11 stations in- near the viewership of the broadcast Field hearings are intended to solicit stead of 7, the city is placed in a cat- media, and that most of the major input from the general public from egory without any cross-ownership re- cable and internet news outlets are af- across the country to overcome the strictions. That would allow the news- filiated with the print and broadcast ‘‘inside the Beltway’’ virus that often paper to acquire two television sta- media that are already controlled in infects policies born in Washington, tions instead of one, and own twice as large part by just a handful of compa- DC. Chairman Powell’s ‘‘field’’ hearing many radio stations as would be per- nies. Diversity of viewpoints is already was held 90 miles from Washington, mitted if Sioux Falls were properly in jeopardy, and the new rules would and much of his invited testimony classified. Fortunately, I don’t see any only exacerbate the situation. came from industry representatives, rush for that to happen. But who Third, localism. If many of those so- many of whom, in fact, live and work knows what a future owner of the called diverse viewpoints are actually inside the Beltway. Sioux Falls Argus Leader or one of the controlled by a handful of companies, It appears the Chairman thought a Sioux Falls television stations might then one can see that localism, too, is pro-industry decision would sail wish to do? This is just the kind of mis- in trouble. The loss of localism in radio through with minimal attention. After take that could have been avoided if is well known, sometimes with dan- all, other than paid lobbyists, how the FCC had employed the more delib- gerous consequences like the famous many people have the time to follow erative, inclusive process that so many Minot, ND case that Senator DORGAN the details of an FCC decision-making of us advocated.

VerDate jul 14 2003 00:00 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.011 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11507 Let’s review the mission of the Fed- lution of disapproval include Repub- course in America is an essential un- eral Communications Commission, as lican Party stalwarts like TRENT LOTT derpinning. stated repeatedly by the Commission and KAY BAILEY HUTCHISON. It is not a When it comes to changes allowing and by acts of Congress: to serve the liberal versus conservative issue, ei- media mergers in over 150 markets rep- public interest by promoting competi- ther. resenting 98 percent of the American tion, diversity of viewpoints, and local- The list of well-recognized people and population, and when reports show that ism. The public interest—that phrase organizations who oppose all or part of 5 companies or fewer control about 60 should be italicized in this debate. the FCC’s media ownership rules is one percent of television households in just As we define the public interest, the of the strangest list of strange bed- the next few years, we should all be public—the people who receive the fellows you will ever hear. Opponents very concerned. radio and TV news and programming include Walter Cronkite, William I know some have said the process that beams across the airwaves their Safire, the National Rifle Association, and the outcome of the FCC media taxes paid for—has a right to be heard. the U.S. Conference of Catholic ownership, as we heard from the FCC Public comment, input, and involve- Bishops, the National Organization for Commissioners before the Senate Com- ment in our democratic processes is Women, Senator Jesse Helms, the Na- merce Committee, were preordained by not a box to be checked before the peti- tional Council of Churches, MoveOn, the statutes and by the courts. The tions, call, e-mails, and letters are the Parents Television Council, former courts did not prescribe what the lim- thrown in the trash and disregarded. It Universal Studios Chairman and CEO its should be. Neither did they set a is a basic tenet of our social contract Barry Diller, Mort Zuckerman, and date certain. Rather, what they said and the principle that underlies our many, many more. That sampling of was that whatever the limits are, there form of government. Of the people, by the list gives you a sense of how broad needs to be a solid factual record dem- the people, for the people. and deep the opposition to these FCC onstrating that they are in the public I am all for ensuring the rights of the rules is. interest. minority. Indeed, I feel strongly about We should respect that overwhelming How does one determine what is in our civic responsibility to ensure that opposition and vote accordingly. the public interest? It is aggressively a reactionary or powerful majority I yield the floor. seeking the input of all stakeholders— does not trample on the rights of those The PRESIDING OFFICER. Who not just simply notifying the public, in our society whose voices are not as yields time? notifying the Congress, and that simple easily heard or fully represented. In Mr. MCCAIN. Mr. President, par- disclosure is, in and of itself, sufficient. fact, that’s one key reason I oppose the liamentary inquiry: How much time is Absolutely not—not in this unprece- substance of these rules—I fear the remaining on both sides, and at what dented realm of issues. voices of those who may have quite time will the vote take place? When we look at the record, what we valuable things to say, but lack the The PRESIDING OFFICER. There find is that the FCC only held one pub- means to gobble up TV and radio sta- are 18 minutes 39 seconds on your side lic hearing. The committee urged them tions, will not be heard. and 15 minutes 45 seconds on the other to conduct a series of public hearings But in this case we don’t have a pow- side. The vote will occur around 11 across the country. But they only held erful majority trampling on the rights o’clock. one public hearing. Even with one pub- of the vulnerable. We have three peo- Mr. DORGAN. Mr. President, I yield 3 lic hearing, the FCC received an un- ple—with an obvious push from the minutes to the Senator from Maine, precedented amount of input from the current administration—trampling on Ms. SNOWE. public when it came to this issue. Even the rights of the majority. To add in- The PRESIDING OFFICER. The Sen- though they did not have the oppor- sult to injury, they are telling the ma- ator from Maine is recognized for 3 tunity to participate in public hear- jority—the American people—that they minutes. ings, they sent more than 700,000 e- are doing this in their interest. Of Ms. SNOWE. Thank you, Mr. Presi- mails, letters, and calls from across the course, the interests being served are dent. I thank Senator DORGAN for his country. those of the handful of large media remarkable leadership on this most im- This is unprecedented in the history companies that already control a huge portant matter. of the FCC. percentage of America’s major media Drastic times require drastic meas- The PRESIDING OFFICER. The Sen- outlets. ures. That is why I stand with my col- ator’s time has expired. Let me be clear: I don’t blame the leagues today in support of this resolu- Mr. MCCAIN. Mr. President, I yield media companies for advocating for tion which will help and safeguard one myself such time as I may consume. their own interests. They have every of our most precious possessions—the I rise to speak in opposition to S.J. right to fight for their interests. I do right of free and diverse exchange of Res. 17. I had the opportunity to make blame the Chairman of the FCC and opinions. a full statement last week. In my time the other commissioners who voted for The decision that has been made by as chairman of the Senate Commerce these rules for failing to give the rest the FCC will no doubt pave the way for Committee, no issue has erupted so of the country the consideration they even greater concentration of media rapidly and evoked such passion from deserved in this debate. ownership in the hands of a select few the public as media consolidation. The Congressional Review Act was and deprive the public of the diversity These are critically important deci- intended for exactly this kind of situa- of viewpoints that I happen to believe sions. tion. A Federal agency has turned a is so essential to democracy and objec- If we could have a little straight talk deaf ear to the very public it was in- tive reporting in America. this morning, if the Senate passes this tended to serve. It is appropriate to The FCC’s June vote on media owner- resolution, there is no objective ob- send them back to the drawing board, ship ultimately, as I said in the com- server that believes the House will act especially if that is the only option mittee, is truly the ‘‘deregulatory’’ ex- accordingly. Now, the Senator from available to us. press out of the station. Now we are on North Dakota may think it is impor- The Commerce Committee actually track toward even greater ownership tant to have this Senate on record, and reported a bill that deals with the concentration and unfettered consoli- I don’t disagree with that at all. Any issues individually, and I would be dation. prospects of it becoming a reality is happy to debate that bill. But it has Some have said that with exponen- minimal, at best. We should all recog- been made clear to us that the major- tially more media outlets than ever be- nize that. ity has no intention of bringing the fore, we should have nothing to fear. Second, all kinds of allegations have Commerce Committee bill to the floor, While more mouths speaking is good, crept in about various motivations on and we have no ability to force it to having more mouthpieces guarantees both sides of this issue. Some have the floor before these rules take effect. neither diversity of opinion nor infor- been accused of wanting to return to Mr. President, I want to make one mation. The point is the amalgamation the fairness doctrine. Some are saying final point. This isn’t a partisan issue. of control in media outlets. We cannot it is because of ideological bias, dislike The Republican supporters of this reso- ignore the fact that diversity of dis- of talk radio, or dislike of the New

VerDate jul 14 2003 00:00 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.012 S16PT1 S11508 CONGRESSIONAL RECORD — SENATE September 16, 2003 York Times acquiring more cable com- substantive congressional legislation. Since 1990, almost half of the top 50 panies and media. I don’t accept any of In other words, the FCC would be pre- cable channels have changed hands. those arguments from both the right vented, if this is passed, from acting on Among the big deals: Disney’s $19 bil- and left. There is legitimate basis for any rules regarding media consolida- lion acquisition of ESPN’s parent, Cap- concern about continued consolidation tion. Almost all Members of this body ital Cites/ABC, and Time Warner’s $6.7 of the media. This is not the appro- have some degree of concern at least billion purchase of CNN parent Turner priate vehicle for addressing that in 4 about some aspect of it. Broadcasting, both negotiated in the hours of debate and a blanket repudi- I hope all of our colleagues had the summer of 1995. In 2001, Disney bought ation of regulations, some of which opportunity to see the Wall Street the Family Channel from News Corp. have been good, in my view, because Journal article on September 15 enti- for $5.2 billion. they have reined in, at least to some tled: Show of Strength: How Media Gi- Last year, NBC bought Bravo for $1.3 degree, the continued consolidation in ants Are Reassembling The Old Oligop- billion. CBS, owner of The Nashville the most egregious and most incredible oly; Mix of Broadcast and Cable Proves Network—now Spike TV—and Country media consolidation, and that is radio Lucrative in Making Deals. Music Television, itself was gobbled up in America today. Viacom and its big media peers have in 2000 by MTV’s longtime parent, We have legislation passed through been snapping up cable channels be- Viacom. Viacom has since added chan- the Commerce Committee, S. 1046, cause they are one of the few enter- nels such as BET and Comedy Central. which after being composed, marked tainment outlets generating strong Mr. Karmazin recently boasted to in- up, amended, and debated in the Com- revenue growth these days. More vestors that the company’s broadcast merce Committee is on the calendar broadly, the media giants have discov- and cable outlets reach 26 percent of and ready for floor consideration. If we ered that owning both broadcast and the Nation’s viewers in prime time, a are serious about addressing this issue, cable outlets provides powerful new le- significantly bigger share than any we should do it by calling up from the verage over advertisers and cable- and other company. Having such a big mar- calendar for debate and amendment S. satellite-TV operators. The golaiths ket share is ‘‘real important for lots of 1046 and we can explore the myriad and are using this advantage to wring bet- reasons, in terms of dealing with adver- complex aspects of this issue. ter fees out of the operators that carry tisers and our cable partners,’’ he told For example, the Appropriations their channels and are pressuring those investors. Committee has now added, I am told, operators into carrying new and un- There is something going on here to their bill the 45-percent cap being tried channels. They’re also finding that deserves investigation, not just a rolled back to 35 percent. According to ways to coordinate promotions across simple CRA vote and then move on. At BusinessWeek magazine, the 45-percent their different holdings. the hearing before the Commerce Com- Entertainment giants such as cap has become a rallying symbol, but mittee, all five FCC Commissioners Viacom, NBC parent General Electric the regulations that would truly reor- agreed—all five, for one of the first Co. and Walt Disney Co., which owns der America’s media landscape and af- times I have ever heard the FCC Com- ABC, now reach more than 50 percent fect local communities have flown missioners agree to anything—the con- of the prime-time TV audience through under the radar. These allow compa- solidation of radio that occurred in their combined broadcast and cable nies to snap up not only two to three local markets has been excessive. outlets. The total rises to 80 percent if local TV stations in a market but also While it received little credit amid the you include the parents of newer net- a newspaper and up to eight radio sta- outcry against the regulations, the works—such as New Corp.’s Fox and FCC attempted to address this problem tions. AOL Time Warner Inc.’s WB—and If the courts and Congress are wor- by describing new market definitions NBC’s pending acquisition of Vivendi ried about the dangers of media con- designed to tighten the limits on log- Universal SA’s cable assets, estimates solidation, they will have to resist call- ical radio ownership. Tom Wolzein, an analyst at Sanford C. ing it a day after dispensing with the The resolution would have the per- Bernstein & Co. network cap and go after the rules with The big media companies are quietly verse consequences of eliminating real bite. As it now stands, TV’s big re-creating the ‘‘old programming oli- these efforts and prohibiting the FCC networks will be losers among media gopoly’’ of the pre-cable era, notes Mr. from adopting similar measures in the outlets, thanks mostly to vociferous Wolzein, a former executive at NBC. Of future, a move that surely will be ap- lobbying by independent TV affiliates. the top 25 cable channels, 20 are now plauded in the corporate offices of With strong ties to lawmakers who de- owned by one of the big five media large radio station groups that hope to pend on them for campaign coverage, companies. perpetuate their ability to benefit from the affiliates have succeeded in getting The idea of owning broadcast net- existing loopholes. a House vote against the 45 percent and works as well as cable channels is Likewise, this resolution could have will likely see a rerun of that episode ‘‘comfortable for people like our- grave unintended consequences for when the Senate votes by October. selves,’’ says Bob Wright, chairman of other media ownership rules the Com- With Fox and CBS already each own- NBC, which two weeks ago signed a mission decided to leave unchanged. ing stations that cover about 40 per- preliminary agreement to acquire For example, the FCC retained its cent of the Nation’s audience, going up Vivendi Universal’s USA and Sci-Fi limit on the number of local radio sta- another 5 percent is not going to make cable channels, along with the Uni- tions one entity may own and retained a dramatic difference. In contrast, versal film studio, bolstering a stable its rule prohibiting one entity from opening the floodgates to allow local of cable channels that includes Bravo, owning two of the four largest tele- behemoths to combine newspapers, TV, MSNBC and CNBC. ‘‘There has been so vision networks. The decision to retain and radio stations under one roof much consolidation’’ among the dis- these rules will also be rejected if the would change media ownership in tributors that ‘‘unless you are equally resolution is enacted. If the FCC were towns and cities, concentrating it in big . . . you risk a situation where you to read this statute, as many have, as the hands of a few. Even in midsized can be marginalized,’’ says Viacom limiting its permissible actions in bi- cities such as San Antonio, for in- President Karmazin. ennial review proceeding to exclusively stance, one company might own the Viacom president Karmazin is a man, deregulatory changes to its rules, the leading newspaper, two TV stations, who, by the way, I happen to admire FCC may have no choice but to raise eight radio stations, and several cable enormously. the number of stations that one entity channels. I am not blaming any of these people, is permitted to own in a local market What we are doing is interesting but executives or organizations, for seek- or eliminate the dual rhetoric network if we are going to address this issue in ing to gain as much market share as rule. This cannot be the outcome in- a serious fashion, and there is reason they can. But the reason I refer to this tended by the sponsors of this resolu- for concern, we ought to do it in a fash- Wall Street Journal article is this is a tion, though it is one that could con- ion far different from this. complex set of issues. When we are ceivably result. I point out that the CRA precludes an talking about cable consolidation, Finally, the use of the CRA in the agency adopting similar rules without cable rates, all of the other. present case will create a regulatory

VerDate jul 14 2003 00:24 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.015 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11509 void likely to be filled only by uncer- For example, Newscorps, Fox, the TV. However, due to the technological tainty about the status of the FCC’s second largest owner of stations cur- revolution of the past two decades, media ownership rules. As a result, all rently owns 37 or 2.8 percent of the there has been a significant increase in of the rules, even those that the pro- 1,340 commercial stations across the the number of news and information ponents of the resolution favor, may be country. Under the new 45 percent cap sources with the widespread avail- vulnerable to court action. The absence set forth in the FCC ruling, Newscorps ability of cable TV, satellite and the of an affirmative congressional direc- would be able to acquire, at best, an- internet as well as substantial increase tive will cast considerable doubt on the other five stations nationwide. In light in the number of radio and TV sta- FCC’s ability to enforce its previous of this information and in light of the tions, magazines, and free weekly rules given that one of the FCC’s pre- court mandates, the FCC action on this newspapers. vious attempts to retain the rules was issue hardly represents a massive in- Yet, despite the availability of these found by the DC Circuit to be arbitrary crease. new media sources, many groups are and capricious. Another was found not The FCC promulgated this increase still objecting to this modest change in to have justified that the rules are nec- in response to several court decisions media cross ownership. They feel that essary in the public interest. In both striking down specific limits on the this modification will drastically re- cases, the DC Circuit remanded the number of broadcast entities that one duce the quality news and diversity of rules to the FCC and directed the agen- company may own. Since 1998, the FCC voices in the media. I believe there is cy to either articulate a justification has lost five out of five cases that chal- strong evidence to refute this claim. for retaining the rules or modify them. lenged its previous media ownership Unlike other ownership rules, the The lack of an enforceable FCC order rules. According to the U.S. Court of FCC has actual historical data on what will leave these court orders unan- Appeals for the District of Columbia, the effect of relaxing this ban will have swered, risking additional court action the Telecommunications Act of 1996 on the media market. That is because that relaxes the rules even further or ‘‘carries with it a presumption in favor there are already 49 media cross owner- even invalidates them entirely. of repealing or modifying the owner- ship entities that were grandfathered My point is that we have a very com- ship rules (Fox v. FCC).’’ prior to the implementation of this ban plex set of issues to address. I believe In the Fox v. FCC decision, which in 1975. Some of these cross ownership there is reason for concern about media was handed down in February 2002, the entities are in major markets such as consolidation, as the Senator from court ruled that the FCC’s action—on New York, Chicago, Dallas, Atlanta, North Dakota has fairly overused the broadcast ownership limits—was ‘‘arbi- Phoenix, Tampa, and Milwaukee. comment that there are many voices trary and capricious and contrary to All of these existing cross ownership and one ventriloquist. At the same law’’ because ‘‘it failed to give an ade- entities have had practically no ad- time this action would invalidate both quate reason for its decision’’ to keep verse impact on competition. In the good and bad, this action would make the 35 percent cap. In the same case, past 23 years, there has been no major many believe that we have resolved the the court ruled that the commission court case, FCC, FTC, or Department issue and moved on. ‘‘provided no analysis on the state of of Justice, DOJ, action objecting to On the calendar is S. 1046, a bill that competition in the television industry any of these grandfathered cross own- was properly considered and reported to justify its decision to retain the na- ership media entities. Furthermore, out by the Commerce Committee. That tional cap.’’ The court in its remanding the FCC informs me that no entity has is the way we should be addressing this decision ordered the FCC to rethink its ever challenged a license renewal of a issue so that this issue can be fully rules on media ownership. TV station owned by a newspaper in ventilated and fully understood. Another aspect of the FCC ruling in- the last 25 years. Two recent studies, I reserve the remainder of my time. Mr. BOND. Mr. President, I oppose volved the modification of the FCC’s one by the FCC and one by the Project the Dorgan Resolution, S. 17, which rules relating to newspaper/broadcast for Excellence in Journalism, also would block the entire Federal Com- cross ownership and radio-television found that co-owned newspaper/broad- munications Commission’s ruling re- cross ownership. In its ruling, the FCC cast combinations provide higher qual- vising the rules on media ownership. replaced these rules with a new set of ity and more news and informational Since the FCC issued this ruling on cross media limits. It is important to programming than other broadcast sta- June 2, 2003, a multitude of interest understand that the FCC did not to- tions. groups have proclaimed that this deci- tally repeal the 28-year-old newspaper/ In light of this evidence, I feel that sion represents a serious blow to de- broadcast ownership ban in all mar- the FCC’s ruling on newspaper/broad- mocracy in America as we know it. To kets; it simply modified its rule with cast cross ownership needs to be pre- say that this claim is a gross exaggera- newer broadcast/cross ownership regu- served, and therefore, I oppose the Dor- tion is a huge understatement. lations to reflect the changing cir- gan resolution. While I do not agree with every ele- cumstances of today’s diverse media As stated previously, I do not agree ment of the FCC ruling, I must admit marketplace. with every aspect of the FCC ruling. I that I believe it would be short sighted Under the new FCC rules, in small do not support the new method by to block the ruling entirely. I also markets with three or fewer TV sta- which the FCC will utilize to define a think that every stakeholder who is tions the ban will continue to be en- local radio market. This new definition concerned about this ruling should forced. In mid-sized markets, with 4 to has resulted in many companies that look at the facts that prompted the 8 TV stations, limited cross ownership own multiple radio stations exceeding FCC to make this ruling. Furthermore, is allowed. In diverse and competitive the new station caps. While the FCC I believe it is imperative that one ex- markets with 9 or more TV stations, did grandfather all existing combina- amine the actual facts in the ruling in the ban is lifted entirely. tions to ensure that these radio compa- order to dispel some of the myths that This is the major decision in the FCC nies would not be forced to divest sta- have surfaced with regard to it. ruling that I support, and it is the tions that they legally acquired, it im- In its ruling, the FCC incrementally main reason that I cannot support the posed harsh restrictions on the trans- increased the national TV ownership Dorgan resolution. Simply put, the pre- ferability or resale of these newly non- limit from 35 percent to 45 percent. vious rule supporting the cross owner- compliant radio station clusters. What this says is that one company ship ban is outdated given the current Under the new market definition, can own TV stations reaching no more diversity and multiple sources of news those radio clusters that no longer than 45 percent of U.S. TV households. information in today’s media market- comply with local radio market limits It does not mean that one company can place. may only be sold intact to small busi- own up to 45 percent of all TV stations When the broadcast/newspaper cross nesses. If a ‘‘small business buyer’’ can- across the country. In addition, the ownership provisions were adopted in not be found, a cluster owner must ruling does not even say that a com- 1975, the three television networks of break up his or her cluster and sell the pany can own stations whose programs the time held more than 90 percent of stations individually. I believe that reach 45 percent of the viewing public the viewing audience and only 17 per- this strict resale provision unfairly pe- or market share. cent of households subscribed to cable nalizes certain radio broadcasters, who

VerDate jul 14 2003 00:24 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.018 S16PT1 S11510 CONGRESSIONAL RECORD — SENATE September 16, 2003 acquired their stations in good faith I know that some have said, well, the to buy them—it just doesn’t make under the previous ownership frame- process and the outcome of the FCC’s sense. work. media ownership review were essen- The issue of media ownership goes to By narrowing the eligible market of tially preordained by statute and the the heart of our democracy and the buyers, this resale provision would pre- courts. But the courts never proscribed crux of the way in which we form our vent a radio cluster seller from receiv- what the limits should be. Neither did opinions on other issues of critical im- ing fair-market value on his or her in- they set a date certain by which the portance. We need to be extremely vestment. If most companies are pro- FCC must have concluded its process. careful that in deregulation we don’t hibited from bidding on a cluster, the What the court did say is that, what- undermine diversity in the market- prices offered in these transactions will ever the limits are, there needs to be a place of ideas and information. I look be considerably smaller than other- solid factual record demonstrating forward to continuing my work in this wise. they are in the public interest. area and urge the public to keep the I also believe this resale provision And what is the best way to deter- pressure on Congress to undo the dam- will only make bigger radio conglom- mine public interest? It’s to go above age unleashed by the FCC on June 2. I erates stronger because it will result in and beyond in notifying and providing ask that my colleagues support S.J. the immediate breakup of clusters that full disclosure to the public and Con- Res. 17. directly compete with these conglom- gress, and aggressively soliciting input Mr. HATCH. Mr. President. I rise to erates. from all stakeholders—so the public outline my concerns about Senator I intend to petition the FCC for re- can be confident the best possible deci- DORGAN’s resolution to disapprove the consideration of these new local radio sion has been reached. The FCC failed Federal Communications Commission’s rules set forth in the FCC order. How- to do this. With more than 700,000 indi- June 2, 2003 decision to relax the broad- ever, I do not believe that the entire viduals and groups weighing in against cast media ownership rules. FCC order should be disapproved, and the FCC’s rule change, the Commission The FCC’s decision to increase the that is why I oppose the Dorgan resolu- held only one public hearing on the proportion of market share broad- tion. subject of media ownership, I can’t casters may own in any given market Ms. SNOWE. Mr. President, drastic help but think there must be a better from 35 percent to 45 percent and to times require drastic measures and way. give newspaper owners the ability to that’s why I stand with my colleagues Let me speak to the FCC’s modifica- own radio stations and vice versa has today in support of S.J. Res. 17, dis- tion of the cross ownership ban, one of raised significant questions relating to approving the FCC’s June 2 vote to the more devastating changes made by the proper scope of regulation and pro- relax, and in some cases eliminate, the the Commission on June 2. Many of us tection of our fundamental First rules that safeguard one of our Na- represent States that have commu- Amendment values. tion’s most precious possessions, the nities with only one newspaper, under As a procedural matter, I am con- right of free and diverse exchange of the new rules the FCC would allow that cerned about the Senate acting on the opinion. This decision will pave the single remaining paper to be purchased Dorgan resolution given the pending way for even greater concentration of by the dominant television broadcaster court proceedings reviewing the FCC’s media ownership in the hands of a se- in the area. In the context of other rule modifications. On September 3, lect few and deprive the public to the FCC rules, the agency recognized that 2003, in Prometheus Radio Project v. diversity of viewpoints that are so im- it is bad for local competition to allow Federal Communications Commission, portant to democracy and objective re- 2 of the top 4 broadcast outlets to be the Third Circuit Court of Appeals porting in this country. consolidated, but in this context, the stayed the effective date of the FCC’s In response to the FCC’s action, Sen- new rules, pending resolution of the ap- FCC is allowing the top TV station to ator DORGAN and I along with seven peal on the merits. No. 03–3388, 2003 buy the top newspaper in almost every other colleagues sponsored S.J. Res. 17. U.S. App. LEXIS 18390. Given the pro- media market in the country. News- This resolution would simply declare cedural status of the FCC’s rules, it is papers are one of the most important the FCC’s June 2 rules on media owner- premature for the Senate to act on the sources of independent reporting. When ship without force or effect and would Dorgan resolution. A more prudent the leading TV station gobbles up the leave in place the media ownership course for the Senate is to await the paper, what happens to the other TV rules that existed prior to the Commis- Court of Appeals decision, review it broadcasters in the market? They sim- sion’s decision. carefully, and then determine what ac- ply can’t compete at the same level. It With the FCC’s June vote on media tion, if any, is warranted. ownership, the ‘‘deregulatory express’’ seems apparent that the remaining TV With respect to the substance of the is out of the station—and we are now stations do less news, or they move to FCC’s rule modifications, I want to re- on track toward even greater owner- softer news formats. This isn’t good for iterate my strong support of the bed- ship concentration and unfettered con- news, this isn’t good for democracy. rock principles underlying the FCC’s solidation. Now, some have said that, If the FCC had acted to create more regulation of our Nation’s media: di- with exponentially more media outlets voices—perhaps by requiring those versity of viewpoints; localism; and than ever before, we should have noth- broadcasters who want a television- competition. I have been—and re- ing to fear. But while more mouths newspaper combination to start a new main—committed to these principles, speaking is good, having more mouth- newspaper rather than just buying particularly with respect to examining pieces guarantees neither diversity of one—I could see the wisdom in their critical regulatory and enforcement information nor opinion. The point is decision. Instead, the FCC has acted to issues surrounding increased con- the amalgamation of control in media reduce the total number of voices in centration of our Nation’s media out- outlets and its impact on content—es- communities all across the country. lets. We must preserve our funda- pecially with the overwhelming major- Some say that the FCC’s decision will mental First Amendment values by ity of Americans receiving their news allow these newspaper/broadcast com- protecting our marketplace of ideas— from television and newspapers. binations in over 190 media markets, that is, freedom of expression and di- We cannot ignore that diversity of covering 98 percent of America’s popu- versity of viewpoints. discourse in America is an essential lation. Since the newspaper/broadcast When it comes to ensuring competi- underpinning of our society and our de- rule was put in place in 1975, we have tion and diversity in our media mar- mocracy. So when it comes to changes already lost two-thirds of our inde- kets, I have not—and will not—analyze allowing media mergers in over 150 pendent newspaper owners. Let me re- the issue by blindly condemning all markets representing 98 percent of the iterate that: two-thirds of our inde- merger consolidations. To me, ‘‘big’’ is American population—and when re- pendent newspaper owners have dis- not necessarily bad. Rather, the issue ports show that five companies or appeared since 1975. And somehow of media consolidation requires a care- fewer could control about 60 percent of we’re going to make democracy better ful weighing of our Nation’s interest in television households in just the next by further reducing the number of promoting competition and diversity. few years—we should all be very con- independent newspaper owners by al- In my view, such an analysis requires cerned. lowing broadcaster television owners careful examination of the potential

VerDate jul 14 2003 00:24 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.007 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11511 for anti-competitive conduct, rather forty-five percent of U.S. television tions of too much media concentration. than adherence to inflexible regulatory households, instead of thirty-five per- During the Senate consideration of the restrictions or hard and fast enforce- cent under the old rules, the FCC has 1996 Telecommunications Act, I voted ment rules. Market forces—not Federal opened the door to vast conglomerates for an amendment authored by Senator across-the-board regulations—will en- of news stations all feeding the same DORGAN to keep the Television Na- sure that consumers benefit from a content to almost half the people in tional Broadcast Cap at 25 percent of merger or consolidation in the media the country. television households that a broadcast industry. We don’t know how or even whether company could reach through its local Like many of my Senate colleagues, this would happen, but the potential broadcast stations. I opposed increas- I am concerned about the health and for eliminating local content and re- ing the cap to 35 percent as the 1996 bill well-being of the small and mid-sized ducing the diversity of opinions pre- allowed. media companies in our nation. In the sented on television is simply too In June the Federal Communications State of Utah, we have many excellent great. Commission, FCC, voted to adopt an small and mid-sized media companies Likewise, the cross-ownership rules— order to relax current media ownership who provide a great service to all the rules that determine whether a rules. I am a cosponsor of S.J. Res. 17, Utahns. To this end, traditional anti- company can own both television and authored by Senator DORGAN, being trust enforcement can more effectively newspapers in the same market, or tel- considered by the Senate today to dis- and efficiently protect competition and evision and radio, and so on—raise approve of the FCC ruling to lift media enhance diversity than regulatory one- some concerns for markets with just ownership restrictions. Loosening cur- size-fits-all approaches. I believe appro- four of five television stations. rent media concentration restrictions priate enforcement of our nation’s In those small- to medium-sized mar- would allow the media to become less antitrust laws will provide greater pro- kets, with between four and eight tele- responsive to local concerns and less tection to small and mid-sized media vision stations, combinations are lim- likely to represent broad and diverse owners than any arbitrary FCC rules. ited to one of the following: viewpoints. This is not in the public in- In light of all of these considerations, One daily newspaper, one television terest and should not be allowed. I urge my colleagues to vote against station, and up to half of the radio sta- Today Members of the Senate can op- the Dorgan resolution. Given the sig- tion limit under the local radio owner- pose these detrimental rule changes nificant interest in the issue here in ship rule for that market; one daily that will result in greater media con- the Senate, we should monitor the newspaper, and up to the radio station centration and less consumer choice by court proceedings reviewing the FCC limit under the local radio ownership voting to disapprove them under the rule. Once the Court has acted, we rule for that market, but no television Congressional Review Act. stations; or two television stations, if should then determine what appro- I have supported the congressional permissible under the local television priate steps, if any, are needed to pre- review of rules dating back even before ownership rule, and up to the radio sta- serve and protect our bedrock First I came to the Senate. And I am proud tion limit under the local radio owner- Amendment principles of media owner- and pleased that we have the oppor- ship rule for that market, but no daily ship: diversity, local programming and tunity to use it to stop this FCC rule newspapers. competition. today. This is exactly the situation in The old rule prohibited common own- Mrs. FEINSTEIN. Mr. President, I which the legislative review process is ership of a full-service broadcast sta- rise in support of the Dorgan resolu- not only useful but necessary. tion, and in the hope that the FCC will tion and a daily newspaper within the When I first ran for the Senate in take a careful, second look at the same city. In fact, according to the 1978, legislative review was actually a changes it made to media ownership Congressional Research Service, when part of my platform. With all of the rules. it adopted the rule in 1975, the commis- power executive agencies have we need Not everything the FCC did was sion not only prohibited future com- to have a mechanism by where the po- something I would oppose. For in- binations between newspapers and litically accountable—that is the elect- stance, I support what the FCC did in broadcast stations, but also required ed officials—can have a direct say in terms of allowing companies to own a existing combinations in highly con- the rules and regulations issued by Ex- combination of television, radio, and centrated markets to divest holdings ecutive Branch agencies. These agen- newspapers in the largest of media to come into compliance within 5 cies are supposed to be carrying out markets, like Los Angeles, Chicago, years. But under this new rule, one the will of Congress, and we have not New York or San Francisco. company could own the largest tele- But on the whole, the new FCC rules vision station in town, the only news- only the right, but the responsibility raise some very real concerns that one paper, and half the radio stations. It is to oversee their actions. or two national companies may begin easy to see how, in these mid-sized I joined forces in the late 1970’s and to dominate too much of the news and markets, the amount of diverse con- early 1980’s with then Congressman El- other content delivered to American tent would rapidly diminish. liott Levitas in the House. In fact, homes. On the other hand, I am not as con- along with Senator David Boren of The American experiment has been cerned with the new rules pertaining to Oklahoma, we got the legislative veto one of free press, diversity of voices, larger markets like Los Angeles. In a passed. But that law was held unconsti- fair competition, and the ability to market with more than two dozen tele- tutional by the courts in the Chadha hear, and to be heard. That experi- vision stations and countless radio sta- case because it allowed for a one house ment, in my opinion, has been a re- tions and newspapers, it is far less like- veto. The court ruled that legislation sounding success. ly that one or two companies could subject to the President’s veto power is Of course, the world has changed, and come to control enough of the media necessary to avoid violating the prin- will continue to do so. As a result, it is market to truly stifle diversity of opin- ciple of separation of powers. sensible for our regulatory agencies to ion or competition among content We then fought to establish a con- revisit outdated rules and modify them sources. gressional review process. It was with to better suit changing technologies So it is my hope that the FCC will go the bipartisan effort of Senators HARRY and the changing realities of a more back and reexamine these new rules, REID and DON NICKLES almost 10 years crowded, more advanced nation. keeping in mind the concerns of Con- ago, that we finally got legislative re- Nevertheless, it is possible to go too gress and the American people, who view enacted into law and I was proud far in trying to address these changing have spoken out loud and clear about to be part of that effort. realities, and I believe that the FCC this issue. Fix what needs to be fixed, And I’m glad to see that what many has gone too far in crafting some of keep what is not broken. But come up of us argued decades ago in support of these new media ownership rules. For with a new set of rules that makes this review process has proven to be instance, in allowing a broadcast net- sense for all Americans. true. This congressional review process work to own and operate local broad- Mr. LEVIN. Mr. President, I have is a two-edged sword. Some opponents cast stations that reach, in total, up to long been concerned about the implica- argued it would be used only to limit

VerDate jul 14 2003 00:24 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.019 S16PT1 S11512 CONGRESSIONAL RECORD — SENATE September 16, 2003 valuable social programs, but we pro- trol over local news and information in The courts told the FCC to explain ponents argued that it was neutral po- the hands of too few companies. Re- why the rules were justified. With the litically—that it could be just as useful packaging and repeating stories pro- more than 700,000 public comments op- to protect against an agency that is duced in other venues is not the same posing relaxation of the rules, the regulating too little as it could be to as real reporting of local news. agency had that justification. The rein in an agency that is regulating too One of the most common refrains American people understand that it much, or as with the case of the FCC, that we hear to justify this tremendous cannot be in the public interest to fur- regulating unwisely. change is that new outlets for news and ther relax the rules that protect the Ms. CANTWELL. Mr. President, ear- information are now available. While I public’s access to multiple sources to lier this year, the Federal Communica- firmly believe that we are only at the information and media. My office alone tions Commission, FCC, issued rules cusp of an information age that will has received 4600 letters and e-mails on making changes to long-standing lim- drastically change how we receive in- the issue. its on the types and amounts of media formation, it makes no difference if the The FCC is charged with protecting outlets that can be owned and con- new access points are controlled by the public interest. In this case, I be- trolled by a single company. These rule fewer people. lieve the commission has failed and changes drastically increase the ability The reaction to these rules has been Congress must act. of a few companies to control access to quick and sure. I have heard from over Mr. BUNNING. Mr. President, in information in this country. The rule 1,650 of my constituents directly, an June, the Federal Communications changes undermine the public interest additional 10,000 through the Move On Commission, FCC, issued an order that and do nothing to ensure diversity of petition. The House and the Senate Ap- modified its media ownership rules in viewpoints, ‘‘localism,’’ coverage of propriations Committee have taken ac- accordance with the 1996 Telecommuni- events in local communities by people tion to reverse the increase in the cap cations Act. The modified rules in- creased from 35 percent to 45 percent of who are a part of that community, or on broadcast audience in the appropria- households the cap governing broad- to ensure that healthy competition ex- tions process, and the Third Circuit cast network ownership. The new rules ists amongst media outlets. Court of Appeals has temporarily halt- The American people know these ed implementation of these rules. But also make easier newspaper-broadcast changes are not in the public interest, the clearest way to send a message to cross ownership by largely lifting the and that is why I have heard directly the FCC that these rules cannot stand ban prohibiting a newspaper from buy- ing a TV or radio station in the same from more than 1,650 of my constitu- is to pass this resolution disapproving market. ents urging Congress to overturn the the rule changes. We expect the FCC to S. J. Res. 17 would overturn all as- FCC’s actions. be a watchdog not a lapdog. pects of the FCC ruling. I do not be- Specifically, the rule changes adopt- I urge my colleagues to vote for this lieve the FCC ruling is without flaw, ed by the FCC earlier this year would resolution as a first step in reinvigo- but a blanket negation of the rule- allow a single company to control tele- rating competition and preserving making is not an appropriate response. vision stations with access to almost local control in mass media. Though I am not in favor of the in- half of the American broadcast audi- Mrs. BOXER. Mr. President, I rise to creased cap governing broadcast net- support the Senate resolution to over- ence. How that can be billed as increas- work ownership, I do support the modi- turn the Federal Communications ing competition or diversity of view- fied newspaper-broadcast cross owner- Commission’s, FCC, decision to relax point is a mystery. Given that these ship rule. I believe the relaxed cross our Nation’s media concentration rules were written with only one public ownership ruling encourages a concord- rules. That decision threatens our de- hearing and without opportunity for ant relationship between newspapers mocracy by placing more power over public comment, it is not surprising and television stations that will offer a that they fail to reflect the public in- what we see and hear in the hands of higher standard of quality in news con- terest. fewer big interests. tent and reporting. This, in turn, reaps The voices of those who oppose the It is important to recognize that innumerable benefits for communities FCC decision range from Bill Clinton overturning these rules is not just across America. As I believe the value to Bill Safire, from the National Rifle about preventing additional domina- of the modified cross ownership ruling Association to the National Organiza- tion of the airwaves. It is about ensur- usurps the potential dangers of the in- ing the survival of local newspapers tion for Women. I am particularly dis- creased cap governing broadcast net- that genuinely know and are a part of appointed with the manner in which work ownership, I cannot support S. J. the community. the agency has ignored these voices. Res. 17. The rule changes would allow the The FCC held only one public hearing To unequivocally vacate all aspects sole or dominant newspaper in a city to on these rules. But commissioners and of the FCC ruling is to do a disservice merge with the top broadcaster in 200 their staff met with just one firm lob- to incalculable citizens across this of the 210 media markets in the coun- bying on behalf of big media more than country who will benefit from the try! That would mean 98 percent of the 30 times. modified newspaper-broadcast cross American public could effectively lose The agency received more than ownership rule. For the aforemen- an independent voice in their commu- 700,000 letters opposing the relaxation tioned reasons, I am voting ‘‘no’’ on S. nity. Already, since 1975, two thirds of of the rules and only a handful sup- J. Res. 17. independent newspaper owners have porting that decision but failed to take Mr. KENNEDY. Mr. President. In a ceased to exist, leaving only 290 inde- that overwhelming public sentiment strong democracy, a variety of views pendent newspapers in a country of 292 into consideration. I reject the FCC must be available to citizens. Protec- million people. rule because the FCC ignored the peo- tions are essential so that minority If these rules are allowed to take ef- ple’s concerns. views can be heard. That was the vision fect, it will mean fewer reporters on Congress must send the agency a of America’s founders when they draft- the ground chasing stories in our local clear bipartisan message—the airwaves ed the First Amendment to the Con- communities, and less local investiga- belong to the American people, not to stitution, and it has served the Nation tive journalism. It would make it pos- you and not to a small group of media well. Its principles are especially im- sible for individual markets to be elites. The FCC must be forced to ad- portant today. Neither the broadcast dominated by a single newspaper/TV dress the concerns of the American industry nor anyone else is entitled to conglomerate which could control well people. The people know that the FCC a monopoly over the dissemination of over half the news audience and two- decision to relax our media ownership information in our society. thirds of the reporters in a given local threatens democratic discourse and The presence of a diversity of voices, market. participation. It will allow massive each contributing to our national dis- Inevitably, the merging of broad- media giants to grow—media giants course, is essential for the functioning casters and newspapers reduces the that already use multiple media out- of our democratic society. And the best number of voices in individual markets lets to promote their views and over- way to foster that diversity is through and threatens to place too much con- whelmingly dominate public debate. competition.

VerDate jul 14 2003 00:24 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.015 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11513 Today, however, an increasingly seri- others expressed grave doubt about the moved forward with dramatic rule ous problem is being caused by the wisdom of allowing greater consolida- changes without first taking public buyouts of local broadcast stations by tion. Nevertheless, the FCC approved comment on a specific proposal. The national media conglomerates. Com- the new rules. Commission’s outreach was simply in- petition suffers, and local issues of I urge my colleagues to send a clear sufficient. All parties concerned would great importance to individual commu- message today to the commission and have been better served if the Commis- nities often go unheard. the public by nullifying these rules and sion published a specific proposal and Many of us in Congress are deeply reversing this misguided decision the then allowed for a period of public concerned that the remaining diversity commission to support the interest of comment before promulgating any rule of our media will be further be reduced media conglomerates and ignore the changes. by the Federal Communications Com- public interest. The Commission’s first responsibility mission’s recent decision to weaken (At the request of Mr. DASCHLE, the is to ensure diversity, competition and media ownership rules. The new rules following statement was ordered to be localism. The Commission has no re- allow even greater media concentra- printed in the RECORD.) sponsibility to facilitate the business tion, in spite of its adverse effect on ∑ Mr. KERRY. Mr. President, today the plans of the major networks or any competition, the diversity of views, Senate will vote on a joint resolution, other narrow economic interest. I and major national, State, and local of which I am a proud cosponsor, to strongly support the disapproval reso- ∑ priorities. disapprove the Federal Communica- lution before us today. Mr. LEAHY. Mr. President, the Fed- I support Senator DORGAN’s proposal tions Commission’s June 2, 2003, rules to reject these rules, because they are designed to loosen restrictions on eral Communications Commission’s not in the public interest, and would broadcast media ownership. It is the rules pertaining to media ownership seriously weaken the protections in Commission’s responsibility to ensure have long served a vital function, help- ing to ensure a diversity of viewpoints current law that prevent excessive con- that media ownership rules serve our in the media marketplace. The FCC’s centration in the broadcast industry. national goals of diversity, competi- attempt to undo these important rules The public has little to gain and a tion and localism. Unfortunately, the that have served us so well is mis- great deal to lose if we allow the FCC Commission’s June 2, 2003, ruling fails guided and harmful. The FCC’s 35 per- to slash the protections that serve to meet this standard. cent cap on national audience reach them so well. The resolution before us today would has not only served to promote diver- Each weakening of restrictions on reverse the FCC’s decision to change sity, it also protects local program- media ownership in recent years has the national television ownership cap ming, allowing it to reflect local values been followed by a burst of new cor- from 35 percent to 45 percent, a deci- and preferences. If the cap is increased porate consolidation. Mergers have sion that threatens local and inde- to 45 percent we can be sure that major sharply reduced the number of media pendent voices in television. The tele- networks will meet or exceed the new companies and threaten to erode the vision industry is undergoing rapid threshold, as some companies have diversity and competition that are so consolidation as a handful of national done under the current standards, al- important to our Nation. The new rules networks have acquired local stations across the country. I am concerned lowing for the acquisition of local sta- will greatly increase this problem, by tions while eliminating the unique that when local stations are purchased allowing fewer firms to control the choices that local programming can by a national network, independent flow of information—locally or nation- provide. ally. It makes no sense for Congress to voices are lost in the media market- I am also concerned about the FCC’s allow restrictions on the flow of infor- place. Locally owned and operated sta- effort to remove the newspaper/broad- mation that is so important to our de- tions are more likely to be responsive cast cross-ownership limitations in 80 mocracy in this information age. to local needs, interests and values percent of all media markets. Cur- As a trustee of the Nation’s public than those stations owned and oper- rently, cross-ownership rules prevent a airwaves, the FCC has a responsibility ated by national networks. Indeed single corporation from becoming too to include the American public in its many local stations are small busi- powerful a voice in a given community. decision-making process. Yet the com- nesses that drive innovative competi- Lifting the cross-ownership ban will mission has largely ignored public tion. A system of concentrated station leave many communities reliant on comment and debate before it these ownership will trend toward national- one company to decide what they are sweeping changes in the nation’s ized programming aimed primarily at able to see and hear. broadcasting rules. maximizing revenue with less concern There are those who argue that the The commission agreed to one public for local interests and less room for increase in the number of media out- hearing on the overall issue, and it re- competition. lets has obviated the need for such fused to publicly disclose the rules be- The resolution before us today will rules. The reality, of course, debunks fore they were voted on. Such secrecy also reverse the FCC’s decision to sig- this notion. While the number of media is unacceptable. What possible harm nificantly loosen restrictions on cross- outlets has increased, ownership has can come from public disclosure? The ownership of broadcast stations and become more concentrated. What’s commission’s ‘‘notice and comment’’ newspapers within single markets. The more, many of the largest new media procedure is intended to allow an in- cross-ownership rule is intended to in- outlets appear to be owned and con- formed debate about these important crease or at least maintain the number trolled by the same conglomerates that issues of public policy, but in this case of independent editorial voices in a control traditional media. the agency used its procedures to keep community. This is especially impor- In light of these facts, it seems illogi- the public in the dark. tant in smaller communities where cal that the FCC would exacerbate a Even with incomplete information, citizens have fewer media operations disturbing trend that is transforming the public reaction against the pro- covering local matters. While there is the marketplace of ideas into little posed changes has been unique in the scant evidence that weakening this more than a corporate superstore. A re- history of the FCC. The commission re- rule will result in significant economic cent, troubling tendency of the large ceived nearly three quarters of a mil- benefit, leading academics and media media companies was highlighted in lion comments, and over 99.9 percent of experts have argued that doing so will The Wall Street Journal this week in them opposed the increase in media dangerously reduce the venues for inde- an article noting these companies’ consolidation. pendent public discourse. rapid acquisitions of cable channels to As a result, a wide variety of organi- I am also concerned with the process ‘‘re-create the old programming oligop- zations—including civil rights groups, by which the FCC conducted these pro- oly’’ of the pre-cable era. The numbers churches, family values groups, and ceedings. This media ownership rule- tell the story. Of the top 25 cable chan- labor unions—have called on the FCC making is among the most important nels, 20 are now owned by one of the to reconsider the proposal. The Na- the FCC has undertaken, and it has big five media companies, according to tional Rifle Association, the National garnered unprecedented public inter- The Wall Street Journal article of Sep- Organization for Women, and many est. Despite this, the Commission tember 15, 2003.

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.049 S16PT1 S11514 CONGRESSIONAL RECORD — SENATE September 16, 2003 The unsettling statistics extend to cable outlets. The total rises to 80% if you but through cable-TV services, which oper- other communications branches as include the parents of newer networks—such ate the vast array of wires and pipelines con- well. According to the Economic Pol- as News Corp.’s Fox and AOL Time Warner nected to homes, and through satellite-TV icy Institute, the number of owners of Inc.’s WB—and NBC’s pending acquisition of services that beam the signal. For the right Vivendi Universal SA’s cable assets, esti- to carry the programming on their systems, commercial radio stations has declined mates Tom Wolzien, an analyst at Sanford C. these cable-operating companies pay a range by approximately 25 percent since 1996. Bernstein & Co. of monthly fees, from 26 cents a subscriber Even more alarming is the fact that The big media companies are quietly re- for VH–1 to more than $2 for ESPN. These since 1995, ‘‘the number of entities creating the ‘‘old programming oligopoly’’ of fees, for the most part, increase every year, owning commercial TV stations has the pre-cable era, notes Mr. Wolzien, a providing a steadily rising annuity for the dropped by 40 percent.’’ former executive at NBC. Of the top 25 cable channel owners. I welcome and strongly encourage channels, 20 are now owned by one of the big As cable viewership has increased, so has advertising. Since 1980, cable-channel ad rev- the emergence and proliferation of new five media companies. The idea of owning broadcast networks as enue has risen from practically nothing to and different platforms for news and well as cable channels is ‘‘comfortable for $10.8 billion in 2002, according to the information. We can expect that more people like ourselves,’’ says Bob Wright, Cabletelevision Advertising Bureau. Some and more Americans will gain access to chairman of NBC, which two weeks ago channels, meanwhile, are cashing in on and will use these resources. In our signed a preliminary agreement to acquire strong brand names. Nickelodeon, for one, is democratic society, there still are good Vivendi Universal’s USA and Sci Fi cable a merchandising powerhouse, with products and sound reasons for encouraging and channels, along with the Universal film stu- including Dora the Explorer backpacks and dio, bolstering a stable of cable channels SpongeBob SquarePants videogames. protecting the diversity of viewpoints The result has been an explosion in profits. available in more traditional media. that includes Bravo, MSNBC and CNBC. For the past several years, Viacom and MTV earned just $54 million in 1989, esti- The FCC—to which the American peo- other media companies have pressed the Fed- mates Kagan World Media, but is expected to ple have entrusted some of this respon- eral Communications Commission to relax make more than 10 times that much this sibility—should be working to diver- restriction on owning local TV station. One year. QVC, the home shopping channel, gen- sify, not homogenize, the news and in- of their main arguments: Their audience is erates so much money that Liberty Media recently agreed to buy full ownership of the formation media available to the shrinking as cable booms and the TV audi- ence fragments. The original three broadcast channel at a value of about $14 billion—the American public. same value put on all of Vivendi Universal’s networks now capture only 33.7% of the I ask the Wall Street Journal article film and TV assets. prime-time television audience, down from of September 15, 2003, be printed in the Cable channels’ surging profits have trans- 69.3% in 1985–86. Cable now boasts a 49.3% RECORD. formed the bottom lines of their parent com- share, compared with 7.5% in the mid-’80s, panies. E.W. Scripps Co., the 125-year-old There being no objection, the mate- according to a Cabletelevision Advertising rial was ordered to be printed in the Cincinnati newspaper publisher and TV-sta- Bureau analysis of data from Nielsen Media tion owner, now relies on its cable division RECORD, as follows: Research. for much of its profit growth. In 1994, Scripps [From the Wall Street Journal, Sept. 15, But with the wave of consolidation and the launched the Home and Garden channel on 2003] increased reach of the media giants, some the initiative of a TV executive, Ken Lowe, HOW MEDIA GIANTS ARE REASSEMBLING THE cable systems are fighting to keep restric- amid widespread skepticism. One Scripps OLD OLIGOPOLY tions on TV-station ownership in place. Cox newspaper publisher approached Mr. Lowe at (By Martin Peers) Enterprises, parent of the fourth-biggest the time to complain ‘‘a lot of the cash that cable operator, Cox Communications, has ar- I’m making here is being shipped to you . . . Two years ago, Mattel Inc. gave CBS a gued that the big broadcasters are abusing choice. The network had refused to broad- You better know what you’re doing,’’ Mr. protections granted them under federal law. Lowe recalls. cast the toymaker’s movie ‘‘Barbie in the The broadcasters, Cox argues, are using Nutcracker’’ in prime time. So Mattel Nine years later, HGTV has become one of those protections to charge cable systems the most popular cable channels with shows threatened to pull millions of dollars of ad- more for their cable channels. Cox and oth- vertising from the Nickelodeon cable chan- such as ‘‘Design on a Dime’’ and ‘‘House ers have complained to the FCC that media Hunters.’’ Scripps added a controlling stake nel—owned by CBS parent Viacom Inc. companies make them accept less-popular Viacom, which had spent a decade bulking to the Food Network in 1997. In the second cable channels in exchange for carrying their up with acquisitions, now wielded its new quarter of this year, the impact of cable broadcast networks. channels, including the Home and Garden clout, according to people familiar with the Media companies counter that their con- situation. If Mattel made good on its threat, channel and the Food Network, was clear; solidation only puts them on a level playing Newspaper and broadcast-TV profits both Viacom said, it would be blacklisted from field with cable operators, who are them- fell, while cable-channel profit jumped 70%, advertising on any Viacom property—a wide selves merging into giants. Comcast Corp.’s helping Scripps’s net profit more than dou- swath of media turf that also includes MTV, acquisition of AT&T Corp.’s cable division ble. Scripps stock is trading near its 52-week VH–1, BET, a radio broadcasting empire and last year gave it a reach of more than 21 mil- high of $90.65, up almost 30% for the past 12 even billboards. Mattel backed down, and the lion homes, for instance, almost 30% of months. Barbie movie ended up running during a less- homes served by cable. Comcast has already The publisher who had complained about desirable daytime period. begun to tell cable channels it wants to save the cable-channel investment recently Neither company will comment on the money on what it pays for programming, set- thanked Mr. Lowe, now Scripps’s CEO, not- scrape, but Viacom says Mattel remains a ting the scene for increasingly contentious ing that the rise in Scripps’s stock price ‘‘valued advertising partner.’’ More gen- negotiations with big media companies. would put his three children through college, erally, President Mel Karmazin in an inter- ‘‘There has been so much consolidation’’ Mr. Lowe says. view is blunt about his company’s strategy: among the distributors that ‘‘unless you are Since 1990, almost half of the top 50 cable ‘‘You find it very difficult to go to war with equally big . . . you risk a situation where channels have changed hands. Among the big one piece of Viacom without going to war you can be marginalized,’’ says Viacom deals: Disney’s $19 billion acquisition of with all of Viacom.’’ President Karmazin. ESPN’s parent, Capital Cities/ABC, and Time Viacom and its big media peers have been Warner’s $6.7 billion purchase of CNN parent FOLLOWING THE MONEY snapping up cable channels because they’re Turner Broadcasting, both negotiated in the one of the few entertainment outlets gener- In buying up cable channels, the media summer of 1995. In 2001, Disney bought the ating strong revenue growth these days. conglomerates are simply following the Family channel from News Corp. for $5.2 bil- More broadly, the media giants have discov- money. The music business is shrinking rap- lion. ered that owning both broadcast and cable idly as piracy eats into sales. Universal Last year, NBC bought Bravo for $1.3 bil- outlets provides powerful new leverage over Music Group, the world’s biggest, is now lion, CBS, owner of the Nashville Network advertisers and cable and satellite-TV opera- thought to be valued at $5 billion to $6 bil- (now Spike TV) and Country Music Tele- tors. The goliaths are using this advantage lion, less than half what it was a few years vision, itself was gobbled up in 2000 by MTV’s to wring better fees out of the operators that ago. The film business is volatile, with a longtime parent, Viacom. Viacom has since carry their channels and are pressuring quarter’s performance dependent on whether added channels such as BET and Comedy those operators into carrying new and un- movies bomb or not. The publishing business Central. tried channels. They’re also finding ways to is steady but grows at a slow pace. Broadcast Mr. Karmazin recently boasted to inves- coordinate promotions across their different television’s audience is shrinking, and its tors that the company’s broadcast and cable holdings. business model is entirely dependent on ad- outlets reach 26% of the nation’s viewers in Entertainment giants such as Viacom, vertising revenue, a cyclical business. prime time, a significantly bigger share than NBC parent General Electric Co. and Walt Cable channels are gushing cash because any other company. Having such a big mar- Disney Co., which owns ABC, now reach they generate revenue from two sources— ket share is ‘‘real important for lots of rea- more than 50% of the prime-time TV audi- subscriptions and advertising. The subscrip- sons, in terms of dealing with advertisers ence through their combined broadcast and tions don’t come directly from customers, and our cable partners,’’ he told investors.

VerDate jul 14 2003 01:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.051 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11515 Ad sales and marketing executives from able price.’’ A Disney spokesman says Mr. Los Angeles and New York, instead of the CBS and MTV Networks divisions meet Morrow mischaracterized its offer, noting in local markets. regularly to share information and plot that Disney offers operators ‘‘multiple op- We already raised the national tele- cross-promotional opportunities. In January tions, including a stand-alone cash offer vision cap in 1996 from 25 percent to 35 2001, MTV staged the halftime show for the which we believe to be a fair offer and fair Super Bowl, which was broadcast on CBS, value.’’ percent. It would be premature to raise featuring performances from Aerosmith and Mr. Morrow, who says he doesn’t see the it again so soon. Britney Spears. need for a soap-opera channel, now pays Dis- I fully understand the sentiment that Last fall, CBS helped stem a slide in young ney 11 cents a subscriber for Soapnet. Disney lead to this resolution. I agree with the women viewers of its reality blockbuster se- responds that surveys of viewers have shown concerns of many of my colleagues, ries ‘‘Survivor’’ with a documentary on the Soapnet to be popular. The channel drew particularly on the television cap. series that ran repeatedly on MTV before the 97,000 viewers in July and August, according However, this is not the way to go new season of Survivor premiered. The pre- to Nielsen. In the same period, HGTV—which about it. miere episode of ‘‘Survivor’’ on CBS saw a is available in about two and a half times as The Commerce Committee upon 25% jump in its young female audience, says many homes—averaged 457,000 viewers. George Schweitzer, executive vice president which I serve—has moved to protect Mr. BURNS. Mr. President, I rise the national broadcast cap. I also serve of marketing for CBS. CBS promoted its sit- today in opposition to the resolution. I com ‘‘King of Queens’’ through a special last on the Appropriations Committee and Friday on Viacom’s Comedy Central cable say this as someone who is unhappy the Commerce, Justice, State bill for channel. with the core aspects of the FCC’s rul- this year includes a measure to protect PROTECTING ONE ANOTHER ing. I disagree with the move to lift the the 35 percent cap. I support these The broadcast and cable sides of Viacom 35 percent national television moves, which target individual rule generally don’t try to sell ads jointly, but viewership cap. I believe the 35 percent changes, rather than the resolution the common ownership allows them to pro- ceiling has served us well in preserving being considered today, which rolls tect each other’s flanks. At a presentation to the goals of competition, localism, and back the entire decision. advertisers last spring, MTV executives com- diversity. Again, I emphasize I am not happy pared the audience reach for most of MTV However, the decision was extremely Networks with ABC, NBC, Fox and WB—but with the FCC ruling. But I don’t think comprehensive and complicated and in- the answer is to wipe out every aspect CBS’s figures weren’t included in the break- cluded some changes which I do favor. down, so that MTV didn’t siphon ads from its of the FCC ruling with one single vote. corporate cousin. For example, I strongly support the If we are going to get it right, we need Meanwhile, Disney’s ownership of both Commission’s approach to ease the ill- to look at each regulation and each ABC and ESPN allows it to spread out the advised restrictions on newspaper- issue individually. Let’s not throw out cost of expensive sports packages such as its broadcast cross-ownership. The empir- the baby with the bathwater. deals with the National Football League and ical data from the newspaper/broadcast I urge my colleagues to oppose the the National Basketball Association. ABC station combinations that were grand- Sports is, in fact, overseen by the same exec- resolution. fathered in shows that this has allowed The PRESIDING OFFICER. The Sen- utive who runs ESPN, George Bodenheimer, for a greater diversity of voices. and the two operations regularly promote ator from North Dakota. each other’s programming and share talent. Miles City in my home State of Mon- Mr. MCCAIN. Mr. President, I control Joint ownership of cable and broadcast is tana provides a vivid example. KATL– the time. particularly valuable in negotiations with AM and the Miles City Star are one Mr. NICKLES. Mr. President, will the cable operators. A 1992 law allows broad- such operation. Each operates autono- Senator from Arizona yield to me? casters to regularly renegotiate the price for mously and KATL provides valuable Mr. MCCAIN. We have been going carrying TV stations’ signal on cable. While local news coverage to the area. back and forth, and I will yield to the broadcasters could charge a cash fee, they Through the pooling of resources, other side and then yield to the Sen- usually offer the broadcast stations free in smaller stations which might not be exchange for carrying a new cable channel ator from Oklahoma. they’ve launched. Few viewers would sub- viable are able to maintain their eco- Mr. DORGAN. Mr. President, I yield 3 scribe to cable if ABC, CBS or NBC weren’t nomic health and continue to serve the minutes to the Senator from New Jer- on the channel line-up, so the cable opera- local community. sey. tors have little leverage. Again, I reiterate my strong opposi- The PRESIDING OFFICER. The Sen- The strategy lets broadcasters add more tion to the FCC’s decision to lift the ator from New Jersey is recognized for cable channels, including many narrowly fo- national broadcast ownership cap to 45 3 minutes. cused networks. Since 1993, big media compa- percent from 35 percent. If the major Mr. LAUTENBERG. Mr. President, I nies have launched at least 35 new cable channels by bartering the right to carry networks are allowed to own even more am proud to be a cosponsor of S.J. Res. their broadcast stations, estimates George of their affiliate stations, local con- 17, the joint resolution disapproving Callard, an attorney with Cinnamon Mueller, cerns will have less of a role in shaping the rule submitted by the Federal Com- a law firm that is counsel to the American what programming makes it on the air. munications Commission with respect Cable Association. Affiliate stations that are independ- to broadcast media ownership. Using such a strategy, cable operators say, ently owned may choose, from time to I reviewed the press release the FCC Disney has shoehorned its Soapnet cable time, to preempt network program- issued on June 2 to announce its channel, which features reruns of soaps such ming that they believe does not con- changes to the ownership rules. The as ‘‘General Hospital,’’ into services reaching 33 million homes. Disney argues that fewer form to the mores of their local com- press release was entitled, ‘‘FCC Sets than half of those homes have the channel as munities. That is localism. I guarantee Limits on Media Concentration.’’ The a result of a barter arrangement. that the local views of the citizens of problem with that press release was Cox Enterprises complained in a filing Butte, MT differ from those of the citi- that the FCC did not set limits; it vir- with the FCC in January that Cox Commu- zens in New York City. Independently tually abolished them. A majority of nications has to agree to carry Soapnet na- owned stations are answerable only to the FCC commissioners capitulated to tionally in exchange for the right to offer local demands. So, if the station own- an industry they no longer hold at ABC stations in just a few of its markets. A ers feel certain programming doesn’t arms’ length. Disney spokesman says Cox is a ‘‘savvy ne- gotiator’’ that ‘‘wouldn’t have signed the reflect their local community values, I say capitulated because I read that deal unless they found value in it.’’ they keep it off the air. FCC commissioners and other agency Catalina Cable, a cable-TV operator on Not only will lifting the cap mean officials have taken more than 2,500 Catalina Island off the California coast, has that stations are less likely to preempt trips valued at $2.8 million since 1995, only 1,449 customers. Ralph Morrow, Cat- programming, but it also means that paid for by the industry the FCC is sup- alina’s owner, says he was asked to carry there will be less local input into the posed to regulate. How ‘‘arm’s length’’ Soapnet when he tried to renew his right to composition of network schedules. As is that? carry a Disney ABC affiliate for the begin- the networks own more and more of As an aside, I am heartened that the ning of 2000. He says he suggested paying cash for ABC instead. Disney’s response was their affiliates, the independently FCC reauthorization bill the Commerce that the cash fee for ABC would be ‘‘really owned affiliates will lose negotiating Committee report puts an end to indus- high,’’ he says. ‘‘They made it clear to me’’ leverage. In short, you’ll see program- try-sponsored travel for FCC Commis- that he didn’t have that option ‘‘at a reason- ming decisions made more and more in sioners and staff.

VerDate jul 14 2003 01:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.014 S16PT1 S11516 CONGRESSIONAL RECORD — SENATE September 16, 2003 With respect to the ownership rules, At a Commerce Committee hearing I ask Unanimous Consent that the it was regrettable that FCC Chairman on media ownership, Mel Karmazin of letter I received from Neil Faber and Michael Powell saw fit to hold one and Viacom argued that ‘‘Americans are the May 22 op-ed by William Safire only one public hearing on the subject. bombarded with media choices via that appeared in the New York Times And it was regrettable that Chair- technology never dreamed of even a be printed in the RECORD. man Powell appeared to be willing to decade ago, much less 60 years ago.’’ There being no objection, the mate- talk with industry officials and the That is true, but misleading. Who rial was ordered to be printed in the press about the proposed rule changes, owns these media? Viacom owns CBS RECORD, as follows: but not with the Commerce Com- and UPN; 35 television stations that NEXGEN MEDIA WORLDWIDE mittee, until the rule was issued. reach 40 percent of the national view- INCORPORATED, It was regrettable that the FCC offi- ing audience; Paramount Studios; and August 8, 2003. cials went to great lengths to point out cable channels such as VH1, MTV, Senator FRANK R. LAUTENBERG, that the agency received nearly one BET, Nickelodeon, Comedy Central, U.S. Senate, and Showtime. Washington, DC million comments and constituent post DEAR SENATOR LAUTENBERG: I am the cards on the rule changes, and then Viacom, through Infinity Broad- founder, President, and Chief Executive Offi- chose to disregard the vast majority of casting, also owns 185 radio stations cer of NexGen Media Worldwide Inc., a media them. and has substantial ownership inter- company that specializes in the planning and It is regrettable that the so-called ests in several Internet properties, in- execution of media buys across virtually ‘‘diversity index’’ cited as justification cluding CBS.com and every medium, including national and spot for further deregulation cannot be used CBSMarketwatch.com. Viacom even broadcasting, print, and outdoor. We have been in business almost twenty-five years. in a petition to determine if companies owns Blockbuster, so it has a signifi- cant stake in video and DVD rentals. As both a media and advertising profes- are violating ownership limits. sional, as an Adjunct Professor of Marketing It is particularly regrettable that It should be self-evident that consoli- at NYU for fifteen years, and as a concerned three of the five Commissioners appar- dating media ownership would make it citizen of the U.S. and the State of New Jer- ently feel that news is just another possible for a few large corporations to sey, I am responding to the recent article in commodity, like shoes or cars. exercise considerable control over the The New York Times by Michael K. Powell, News is not just another commodity, news. Chairman of the Federal Communications Media giants also exert enormous Commission on the subject of the FCC’s deci- except to the media barons who stand sion that would allow one company to own to benefit most from the FCC rule control over advertisers. I received a letter last month from Neil Faber, broadcast stations reaching up to 45% of the changes. national market, an increase from the cur- Here is what Lowry Mays, the found- president of NexGen Media, a company rent cap of 35%. er and CEO of Clear Channel, had to that specializes in national and spot For decades, I have been deeply concerned say in Fortune magazine recently: broadcasting, print, and outdoor media with this direction of increasing concentra- buys. He wrote: tion of ownership. This concentration limits We’re not in the business of providing news consumer choice and results in higher adver- and information . . . We’re simply in the For decades I have been deeply concerned tising rates that, in all probability, have business of selling our customers products. with this direction of increasing concentra- tion of ownership. This concentration limits been passed on to the consumer in the form Remember, this is the man whose consumer choice and results in higher adver- of higher prices for products or services and company owns over 1,200 radio stations tising rates that, in all probability, have tends to constrain diversity of viewpoints. with some 110 million listeners spread been passed on to the consumer in the form It is certainly true that the U.S. has a di- across all 50 States and the District of of higher prices for products or services and verse media marketplace. It is in the spirit Columbia. tends to constrain diversity of viewpoints. of maintaining this diversity that we should So much for the public interest. avoid concentration of media in the hands of New York Times columnist William the few. In the past, each local radio station Over the years, Congress established Safire summed up the problem and in most markets, as an example, was pri- media ownership rules to ensure that what is at stake in a May 22 column. marily run by separate entities. While the the public would have access to a wide He wrote: number of stations is greater, the ownership range of news, information, program- The overwhelming amount of news and en- is by fewer companies. So, this results in ming, and political perspectives. Over tertainment comes via broadcast and print. fewer independent sources of information the years, the courts have repeatedly Putting those outlets in fewer and bigger (i.e., news, weather, traffic), entertainment, recognized the public interest goals of hands profits the few at the cost of the and fewer diverse editorial viewpoints. When diversity, competition, and localism. many. . . The concentration of power—polit- one looks at television, the Television Bu- reau of Advertising shows that from 1980 to Consolidating media ownership ical, corporate, media, cultural—should be anathema to conservatives. The diffusion of the present, the number of television sta- means that a few large corporations power through local control, thereby encour- tions available per home grew 8 fold. Yet, the can exercise considerable control over aging individual participation, is the essence average number of television stations that the news. of federalism and the greatest expression of viewers watch weekly increased by only 21⁄2 Is it really in the public interest to democracy. times. So, while station options have grown make it easier for a few companies to In the 1996 Telecommunications Act, dramatically over this period, relatively dominate the airwaves and determine Congress directed the FCC to conduct a speaking, why did the number of stations viewed increase at a dramatically dispropor- what news the American people will, or biennial review of the rule changes the will not hear? tionately lower rate? These facts strongly Act contained. Given the complexity of suggest that there should be more inde- As the distinguished jurist Learned the issue, a biennial review was overly pendent outlets, more diversity, with greater Hand remarked in 1942, ‘‘The hand that ambitious. freedom of programming choices. rules the press, the radio, the screen, Be that as it may, Chairman Powell It is logical that even if each station in a and the far-spread magazine rules the said during the biennial review that led corporate structure were totally independ- country.’’ up to the rule changes proposed in ently run, at some place in this corporate hi- I am the only member of the Com- June, ‘‘Getting it right is more impor- erarchy the general manager of each station merce Committee from the New York still reports to one or more top level cor- tant than just getting it done.’’ He said porate executives whose major responsibil- metropolitan area. In my back yard, that, but then he did the opposite. The ities include providing ‘‘guidance’’ to maxi- News Corp. already owns two VHF FCC got it done, but did not get it mize the corporation’s profits. This reality broadcast stations, a daily newspaper, right. further supports the contention that con- a broadcast network, a movie studio, a Getting it right means serving the centration of ownership also tends to inflate satellite service, and four cable net- public interest, not increasing owner- advertising prices and limit editorial view- works. Under the new rules the FCC ship concentration and boosting profit- points. issued, News Corp. will be able to add ability for a few companies’ share-hold- Mr. Powell writes that the major networks another TV station and own a total of own a small percentage of all television sta- ers. tions. The fact is, however, that the stations eight radio stations. And do not forget: I hope the Senate will pass this joint owned by the networks include those in the News Corp. is gobbling up DirecTV. resolution to send a strong, unequivo- major markets that represent the lion’s That is not diversity. That is not cal message to the FCC that it got it share of the audience in both the local mar- ‘‘fair and balanced.’’ wrong on June 2. kets and nationally. Here, too, concentration

VerDate jul 14 2003 00:24 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.021 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11517 of ownership presents a potential risk to issuing licenses. Time was, broadcasters had have hearings and mark up a bill so independent and diverse editorials and cre- to regularly reapply and show public-interest there is a bill that is going through the ates the framework for higher advertising programming to earn continuance; now they authorizing committee and there is rates. This is analogous to what occurred in mail the F.C.C. a postcard every eight years also some language going through the this year’s Network Television ‘‘upfront’’ that nobody reads. marketplace in which advertising prices sky- Ah, but aren’t viewers and readers now Appropriations Committee. Maybe rocketed in the area of approximately 15% to blessed with a whole new world of hot com- those are better and more appropriate 20% despite an arguably weak economy. It is petition through cable and the Internet? vehicles than the Congressional Review interesting to note that the advertising dol- That’s the shucks-we’re-no-monopolists line Act, which rejects the entire regula- lars deployed for the upfront were con- that Rupert Murdoch will take today in tes- tion. centrated with just a few mega-media buying timony before the pussycats of John What about the cross ownership services accounting for more than 75% of the McCain’s Senate Commerce Committee. rules? Cross-ownership rules say if one The answer is no. Many artists, consumers, advertising spent with the networks. has a newspaper, they cannot own a TV As another example of how concentration musicians and journalists know that such of ownership can adversely affect the capac- protestations of cable and internet competi- station, or vice versa. Well, unless they ity to effectively negotiate, look at sports tion by the huge dominators of content and were grandfathered years ago, they programming. It is true, as Mr. Powell communication are malarkey. The over- could, but if they are new in the busi- states, that many top sports programs have whelming amount of news and entertain- ness, they cannot own both. The ban on moved to cable and satellite. But, the large ment comes via broadcast and print. Putting cross ownership was modified on sound media giants also own these outlets, i.e., those outlets in fewer and bigger hands prof- reasoning and solid evidence. The anti- more concentration. So when negotiating its the few at the cost of the many. Does that sound un-conservative? Not to quated ban should not be reinstated. with these cable companies, e.g., advertisers My colleague from Nevada, who is are, in reality, negotiating with the same me. The concentration of power—political few media giants who control them. corporation, media, cultural—should be now presiding, said things have We live in a free society. Limiting owner- anathema to conservatives. The diffusion of changed. We now have thousands of ship and concentrating media power cuts power through local control, thereby encour- radio stations. We have lots of opportu- against the grain of free society choice that aging individual participation, is the essence nities. We have new vehicles. We have is indigenous to our democracy. Competition of federalism and the greatest expression of the internet. We have cable. We have allows for choice and the ability to have democracy. lots of opportunities for people to get greater choice benefits both consumers and Why do we have more channels but fewer the advertising community. This country real choices today? Because the ownership of their news from a variety of sources. If needs to move towards more independent our means of communication is shrinking. we throw out these rules, we are al- stations in the future rather than continuing Moguls glory in amalgamation, but more in- most saying we want to live by and to concentrate media ownership in the hands dividuals than they realize resent the loss of maintain those old rules, which really of the few. It is not whether we should spe- local control and community identity. are archaic and do not work. cifically increase the cap from 25% to 45%, it We opponents of megamergers and cross- This is too Draconian of a measure, is the direction to more concentration that ownership are afflicted with what sociolo- to throw out the regs in their entirety. needs to be reversed. gists call ‘‘pluralistic ignorance.’’ Libertar- I urge our colleagues to vote no on the Sincerely, ians pop off from what we assume to be the resolution. NEIL FABER, fringes of the left and right wings, but not President. yet realize that we outnumber the exponents The PRESIDING OFFICER. The Sen- of the new collective efficiency. ator from North Dakota. [From the New York Times, May 22, 2003] That’s why I march uncomfortably along- Mr. DORGAN. How much time is re- THE GREAT MEDIA GULP side CodePink Women for Peach and the Na- maining on both sides? (By William Safire) tional Rifle Association, between liberal The PRESIDING OFFICER. On the Olympia Snowe and conservative Ted Ste- The future formation of American public Republican side, 3 minutes 44 seconds. vens under the banner of ‘‘localism, competi- opinion has fallen into the lap of an ambi- On the Democratic side, there are 10 tion and diversity of views.’’ That’s why, too, tious 36-year-old lawyer whose name you minutes 13 seconds. we resent the conflicted refusal of most net- never heard. On June 2, after deliberations Mr. MCCAIN. Mr. President, I will works, stations and their putative pur- conducted behind closed doors, he will decide chasers to report fully and in prime time on take 1 more minute. the fate of media large and small, print and their owners’s power grab scheduled for June The PRESIDING OFFICER. The Sen- broadcast. No other decision made in Wash- 2. ator from Arizona. ington will more directly affect how you will Most broadcasters of news act only on be- Mr. MCCAIN. Mr. President, again, I be informed, persuaded and entertained. half of the powerful broadcast lobby? Are His name is Kevin Martin. He and his wife, do not view this issue as one that is they not obligated, in the long-forgotten, Catherine, now Vice President Dick Cheney’s driven by ideological bias, but it is one ‘‘public interest,’’ to call to the attention of public affairs adviser, are the most puissant which I think deserves a great deal viewers and readers the arrogance of a regu- young ‘‘power couple’’ in the capital. He is more consideration. latory commission that will not hold ex- one of three Republican members of the five- Again, I urge my colleagues, as busy tended public hearings on the most con- person Federal Communications Commis- and as crowded as our calendar is, to troversial decision in its history? sion, and because he recently broke ranks So much of our lives should not be in the bring up S. 1046 which has been re- with his chairman, Michael Powell (Colin’s hands of one swing-vote commissioner. Let’s ported out and is on the calendar. That son), on a telecom controversy, this engag- debate this out in the open, take polls, get would give us time to fully debate and ing North Carolinian has become the swing the president on the record and turn up the vote on the power play that has media mo- amend these very complex and difficult heat. guls salivating. issues. Therefore, I oppose the passage The F.C.C. proposal remains officially se- The PRESIDING OFFICER. Who of CRA. cret to avoid public comment but has forced yields time? I yield the remainder of my time. into the open by the two commission Demo- Mr. MCCAIN. Mr. President, I yield 3 The PRESIDING OFFICER. The Sen- crats. It would end the ban in most cities on minutes to the Senator from Okla- ator from North Dakota. cross-ownership of television stations and homa. Mr. DORGAN. Mr. President, I yield newspapers, allowing such companies as The The PRESIDING OFFICER. The Sen- myself the remaining time. New York Times, The Washington Post and ator from Oklahoma is recognized for 3 I have great respect for those who The Chicago Tribune to gobble up ever more minutes. disagree with the position that I, Sen- electronic outlets. It would permit Viacom, Mr. NICKLES. Mr. President, I urge ator LOTT, and many others have taken Disney and AOL Time Warner to control TV stations with nearly half the national audi- our colleagues to vote no on this reso- on this issue, but the resolution of dis- ence. In the largest cities, it would allow lution. By using the Congressional Re- approval, which is part of the Congres- owners of ‘‘only’’ two TV stations to buy a view Act, which I worked on and helped sional Review Act, is, in effect, a legis- third. pass with my colleague and friend Sen- lative veto. It is perfectly appropriate We’ve already seen what happened when ator REID from Nevada, we would to- to use it in this circumstance. the F.C.C. allowed the monopolization of tally throw out the entire FCC regula- I will talk a little bit about why this local radio: today three companies own half tion. Some people disagree with parts bipartisan resolution is important. the stations in America, delivering a homog- First, it is acknowledged by everyone enized product that neglects local news cov- of the regulation, but we would be erage and dictates music sales. throwing out the entire regulation. that we have had galloping concentra- And the F.C.C. has abdicated enforcement The Senator from Arizona said let’s tion in the broadcast industry in re- of the ‘‘public interest’’ requirement in do this the old-fashioned way. Let’s cent years. One company now owns

VerDate jul 14 2003 00:24 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.020 S16PT1 S11518 CONGRESSIONAL RECORD — SENATE September 16, 2003 well over 1,200 radio stations. The same trying to make folks in Salt Lake City ship is a bipartisan issue that commands a is happening in television. I do not hap- believe they are broadcasting in Salt close review by Democrats and Republicans. pen to think big is always bad but I Lake City. ‘‘Voice tracking’’—remem- When your resolution comes to the Senate think the FCC’s new rules will just ber that term. floor, I’ll be cheering for 51 votes. hasten the day when we have fewer and Central casting—it is the same ap- It is signed by Jesse Helms, former fewer companies owning virtually all proach in television. You like that? U.S. Senator. of the broadcast properties in this You just take localism, take local in- In this morning’s newspaper, the FCC country. terest out of broadcasting and pretend chairman, Mr. Powell, makes com- So if one thinks that what the Amer- it is local. If localism is unimportant, ments about what we are doing here ican people see, read, and hear should why do they even have to pretend? today. I happen to like Chairman Pow- be controlled by fewer and fewer peo- What about turning on your tele- ell. Personally, I think he is a good ple, then they would like the FCC rules vision set seeing people eating person. We have had a good relation- and they would want to oppose this res- maggots? Yes, you can see that on tele- ship. I think he has made a horrible olution of disapproval. But if they be- vision. Maybe you don’t like seeing mistake. His leadership on this issue at lieve in localism, diversity, and com- people eating maggots. Maybe you the Federal Communications Commis- petition, which are the hallmarks of think seeing people eat a cupful of sion, as I have said previously, has led the reason we provide free licenses and maggots shoved in front of them— the Commission to cave in as quickly the free use of the airwaves to compa- maybe you think that ought not be and as completely to the special inter- nies by which they profit, in which we shown in our community. ests as anything I have ever seen. say to them they have responsibilities So you call the broadcaster, and you Mr. Powell says ‘‘the move in the attached to this license, localism, di- say I am going to complain about this Senate today’’ referring to this move versity, competition, if you believe programming. How did you do this? ‘‘is bordering on the absurd.’’ those enhance this country, enhance Why would you show a program in I am sorry. There is nothing at all local areas or communities or counties which people eat maggots? absurd about the Senate taking direct or States, then you are going to want And the broadcaster writes back— aim at a rule by a Federal regulatory to support this resolution of dis- this happens to be a July 25 letter. I agency that is wrongheaded, and say- approval. won’t use names: ing we are going to veto this rule. A lot of our folks think the FCC has We received your letter dated June 30, 2003, There is nothing absurd about that at written rules that fundamentally regarding the content of the . . . show. . . . all. weaken our democracy. Our democracy We forwarded your letter to the . . . Net- This Congress has the right under is nourished by the free flow of infor- work. The Network, not [us], decides what this legislation to do it. This has been mation, by localism, by competition. shows go on the air here for the . . . Owned rarely used. It is the second occasion in The fact is, three-quarters of a million and Operated Television Stations. which the Senate has used this. We people sent their comments to the FCC The network likes maggots. It comes would only do it when a regulatory saying: Don’t do this. It ranges from to your hometown and you don’t have agency, issuing regulations, has so the National Rifle Association, Na- a choice, nor would a local broadcaster, starkly decided to misrepresent what is tional Organization for Women, Walter and certainly not affiliates, stations the public interest. Cronkite, Jesse Helms. This is a broad- owned by the broadcaster. They are The FCC is a regulatory body. One based group of American people who going to broadcast it. would expect them to wear striped believe very strongly that what the What has happened to localism? shirts and have a whistle and blow the FCC has done is wrong. Dead? Wounded? Bleeding? If the FCC whistle when it is needed on behalf of The most dramatic rule changes in has its way with this rule, it will be the public interest, to stand up for the the history of broadcasting have been gone, just plain gone. public interest. But when regulatory embarked upon by the FCC with one Is there a reason for us to be con- agencies refuse to stand for the public hearing in Richmond, VA. They con- cerned? I think so. There is a broad, bi- interest, then we must take action. cocted this rule that said: Oh, by the partisan group of interests in the Sen- My colleague, Senator MCCAIN, talks way, here is what we think should hap- ate using the legislative veto to say about S. 1046. I am a cosponsor of that pen. We believe it is all right, in the let’s say to the FCC: What you have legislation. I support it very strongly. I largest city in this country, for one done is wrong. hope the Senate will pass that as well. company to own the dominant news- Let me read a letter from our distin- I will only observe that this resolution paper, three television stations, eight guished former colleague, Jesse Helms, of disapproval will run into some radio stations, and the cable company. because, as always, he puts it very suc- whitewater rapids when it comes to the And the same company can do that in cinctly. House. I understand that. So, too, the largest city, the next largest city, Mr. President, how much time re- would S. 1046 if it gets to the House of the next largest city, the next largest mains? Representatives. city. The PRESIDING OFFICER. The Sen- The fact is, we ought to in every con- It is not all right. We know better ator has 4 minutes 13 seconds. ceivable way avoid the problems that than that. Let me describe a little of Mr. DORGAN. Jesse Helms wrote a will come from these rules. My col- what is happening with this concentra- letter to my colleague, Trent Lott. leagues and others have talked about tion. Perhaps you are driving down the Dear Trent: the problem of growing concentration street in Salt Lake City listening to Thank you for your leadership in trying to in the media. It is getting worse, not your car radio, tuning the dial until undo the disaster created by the Federal better. The worst possible result, in my you find a radio station you happen to Communications Commission’s new media judgment, would be to say let’s just let enjoy, one with good music, someone ownership rules. These rules will benefit the FCC rules go into effect. with a sonorous voice saying: Good huge conglomerates and no one else. A Federal circuit court has already morning in Salt Lake City. It’s sunny Let me point out, Senator Helms is issued a stay. They understand that here. What a beautiful day outside. The one of the few people who served in this the American people were not given sky is blue. Senate who came from a broadcast the opportunity in the hearing, the one And you think what a great an- background. hearing that existed in Richmond, VA. nouncer they have in Salt Lake City Sometimes I think people in Washington, The case has not been made for this when, in fact, that person may be particularly at the Commission, have forgot- FCC rule. So we have a stay at the Fed- broadcasting from a basement broad- ten that the FCC role is to preserve localism, eral court. cast booth in Baltimore, MD. It is diversity, and competition. In no way are A reasonable step and a thoughtful called voice track. It is called let’s pre- those criteria supported by the recent FCC step on behalf of this Senate is to stand ruling. If the commission fails, as it has, tend. Let’s pretend someone is broad- then Congress must step in. You and Senator up this morning for the public interest casting locally, but instead that person DORGAN have done that. I can think of no and say to the FCC: You had a respon- is using the Internet information to reason to allow fewer companies to own sibility and you failed. We have every say it is sunny here in Salt Lake City, more and more of the media. Media owner- right under the Congressional Review

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.024 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11519 Act to enact, this morning, a resolu- Nelson (NE) Rockefeller Stabenow Senators to help by getting those tion of disapproval. I hope sufficient Pryor Sarbanes Voinovich amendments as soon as possible so Reed Schumer Wyden numbers of my colleagues will join me, Reid Shelby right after the 2:30 vote we can move will join Senator LOTT, and others, in a Roberts Snowe right ahead with the next amendment. strong bipartisan resolution to say we NAYS—40 The PRESIDING OFFICER. The Sen- ator from Nevada. don’t like what the FCC has done. We Allen DeWine McConnell think it is not at all in support of the Bennett Domenici Miller Mr. REID. Mr. President, through public interest. We believe it under- Bond Ensign Murkowski you to my distinguished Chair of the mines this democracy which rests on Breaux Fitzgerald Nickles subcommittee, Senator JACK REED of Brownback Frist the free flow of information. We believe Santorum Rhode Island is ready to offer his Bunning Graham (SC) Sessions we ought to disapprove of this rule. Burns Grassley Specter amendment immediately following the The PRESIDING OFFICER. All time Campbell Gregg Stevens vote on the Feinstein amendment. We Chambliss Hagel Sununu understand there may be an amend- has expired. Cochran Hatch Talent Mr. DORGAN. Mr. President, I ask Coleman Inhofe ment offered by Senator CANTWELL. Thomas Cornyn Kyl There may be some procedural prob- for the yeas and nays. Warner The PRESIDING OFFICER. Is there a Craig Lugar lems with that. We are still working on Crapo McCain sufficient second? There is a sufficient that. I am confident she will be ready second. NOT VOTING—5 to offer that as soon as we finish the The yeas and nays were ordered. Edwards Kerry Smith Reed amendment. There may be an- Graham (FL) Leahy Mr. MCCAIN. Mr. President, at the other amendment Senator DOMENICI request of the leadership, I suggest the The joint resolution (S.J. Res. 17) and I have been working on, working absence of a quorum. was passed, as follows: with the chairman of the full com- The PRESIDING OFFICER. The S. J. RES. 17 mittee to see if that can be resolved in clerk will call the roll. Resolved by the Senate and House of Rep- some other way. The legislative clerk proceeded to resentatives of the United States of America in I have not spoken to either of the call the roll. Congress assembled, That Congress dis- leaders about this, but I have had Mr. MCCONNELL. Mr. President, I approves the rule submitted by the Federal many questions about the storm that is ask unanimous consent that the order Communications Commission relating to coming. People are very concerned for the quorum call be rescinded. broadcast media ownership (Report and about that for very personal reasons. Order FCC 03–127, received by Congress on The PRESIDING OFFICER (Mr. The storm, we believe they have indi- July 10, 2003), and such rule shall have no cated, now will strike about noon on ENZI). Without objection, it is so or- force or effect. dered. Thursday. If it keeps going the way it Mr. DORGAN. I move to reconsider is, it will be a very devastating storm. The PRESIDING OFFICER. The the vote. question is on the engrossment and We know some people have obligations Mr. HOLLINGS. I move to lay that this weekend. As I said, I have not spo- third reading of the joint resolution. motion on the table. The joint resolution was ordered to ken to the two leaders, but as the The motion to lay on the table was storm develops I am sure they will talk be engrossed for a third reading and agreed to. was read the third time. to us. The PRESIDING OFFICER. The f I agree with the chairman of the sub- question is on passage of the joint reso- ORDER OF PROCEDURE—H.R. 2754 committee, Senator DOMENICI. We will move forward and have all the amend- lution. The yeas and nays have been or- Mr. DOMENICI. Mr. President, we dered. The clerk will call the roll. ments offered tonight and finish this are currently on the energy and water bill tonight. If there is some reason we The legislative clerk called the roll. bill. There is pending a Feinstein Mr. MCCONNELL. I announce that cannot do the votes tonight, we will amendment. We have talked about it. have the votes set for tomorrow morn- the Senator from Oregon (Mr. SMITH) is I ask unanimous consent, and this is absent because of a death in the fam- ing. We will move to expeditiously fin- acceptable to the other side and the ish this bill as soon as possible. ily. proponents, that a vote occur on or in Mr. REID. I announce that the Sen- The PRESIDING OFFICER. The Sen- relation to the Feinstein amendment ator from Wyoming. ator from North Carolina (Mr. ED- at 2:30 p.m. this afternoon. f WARDS), the Senator from Florida (Mr. Mr. REID. Reserving the right to ob- GRAHAM), the Senator from Massachu- ject, I ask there be no amendments in GRAMPA ENZI setts (Mr. KERRY), and the Senator order prior to that vote and that the Mr. ENZI. Mr. President, this last from Vermont (Mr. LEAHY) are nec- time between 2:15 and 2:30 be equally weekend I got a new name. Fifty-nine essarily absent. divided. years ago when I was born I was named I further announce that, if present The PRESIDING OFFICER. Does the Michael Bradley Enzi. The middle and voting, the Senator from Massa- Senator so amend his request? name comes from my Grampa and chusetts (Mr. KERRY) and the Senator Mr. DOMENICI. I have no objection. Gramma Bradley on my mother’s side. from Vermont (Mr. LEAHY) would each The PRESIDING OFFICER. Without They were homesteaders in Montana. vote ‘‘yea.’’ objection, it is so ordered. My grandfather on my dad’s side home- The PRESIDING OFFICER (Mr. Mr. DOMENICI. Mr. President, I say steaded in North Dakota and named his CORNYN). Are there any other Senators to the Senate, we are on an energy and son Elmer, but he died shortly after I in the Chamber desiring to vote? water bill. There is no long list of was born and before I could know him. The result was announced—yeas 55, amendments we are aware of. We are My dad’s favorite song was ‘‘Elmer’s nays 40, as follows: aware of two, maybe three amend- Tune’’ but he thought there were [Rollcall Vote No. 348 Leg.] ments. We ask that Members help us enough Elmers already and named me YEAS—55 finish this evening. It seems now it is Michael. I grew up being Mickey and Akaka Conrad Inouye the will of both the majority and the then Mike. As I mentioned, this last Alexander Corzine Jeffords minority we finish tonight. weekend I got a new name and I am Allard Daschle Johnson Baucus Dayton Kennedy The next subject matter will be an truly delighted. Bayh Dodd Kohl appropriations bill, from what I under- I am now Grampa—and that is Biden Dole Landrieu stand. The majority leader has so com- spelled with an M, not an N, and there Bingaman Dorgan Lautenberg Boxer Durbin Levin mitted the next bill will be an appro- is no D in it. I will explain that in just Byrd Enzi Lieberman priations bill. There should be no rea- a moment. Cantwell Feingold Lincoln son why we cannot finish this bill to- My son and his wife had a son. My Carper Feinstein Lott night. There may be two amendments. son, also like me, had the good fortune Chafee Harkin Mikulski Clinton Hollings Murray There may be three. On the other hand, to overmarry, to Danielle, a delightful Collins Hutchison Nelson (FL) there could be just one. We would like young lady from Kentucky whom he

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.027 S16PT1 S11520 CONGRESSIONAL RECORD — SENATE September 16, 2003 met in Washington, DC. She is one of mature, who showed us how worthwhile ator who has greater affection in this the most organized, focused, and fighting for life is, to the birth of our body. Trey has a great family to join. thoughtful people I know. My son Brad son, to the birth of our youngest My wife Mary and I are so excited for and daughter-in-law Danielle had a daughter, who just got married, to you. She called me early this morning son. I cannot begin to share the emo- helping me through open heart surgery to report the news. We express our con- tion and feeling that overwhelms me so that I might have this chance to gratulations to the Senator from Wyo- today. It is such an incredible feeling hold yet another generation in my ming. to hold another generation in your hands. The PRESIDING OFFICER. The Sen- hands. I think of the Prayer of Jabez in ator from Idaho. When my son was born, we named Chronicles, where he says: ‘‘Lord, f him Michael Bradley Enzi, as well, and please continue to bless me, indeed.’’ THE HEALTH OF OUR FORESTS instead of giving him the title junior And to that I add my thanks for this we just used his middle name Brad to and all the blessings noticed and unno- Mr. CRAIG. Mr. President, I thought avoid confusion. Now we have a third ticed. I would spend a few moments this Michael Bradley Enzi, but we do not So I am a grampa. That is not grand- morning talking about an impending believe in titles so we call him Trey to father—too stilted. Years ago my crisis that is offshore of the east coast avoid confusion. Now Danielle and daughter gave me a hand-stitched wall at this moment that may well be head- Trey had extremely fortunate timing hanging that says: ‘‘Any man can be a ed our way. for Diana and me. Trey was supposed Father, but it takes someone special to Hurricane Isabel could well make its to be born the end of this month, but be a Dad.’’ way into this region and do great dev- he and his mother moved that up to The name is also not grandpa. That astation. That devastation could well when Diana and I were in the neighbor- is a little too elevated. My grampa— be to the forests and the timberlands of hood. Diana and I met Brad and spelled with an M and no D—my North Carolina and Virginia. And it Danielle on Friday so I could get the Grampa Bradley took me on some won- could well be in some areas of Mary- transportation system. We used to call derful adventures. He taught me a lot— land, where it could come ashore. that strollers and car seats; now it is fishing, hunting, and work. He ‘‘let’’ The reason I stand before the Senate transportation systems. My dad start- me help him plant and water trees this morning to talk about it is that ed a tradition of buying the wheels for when I was 4. He showed me how to we in the West are experiencing an- my kids. That means the wagons, the chop sagebrush and make flagstone other kind of catastrophic event in our skateboards, the rollerblades, the walks. He covered up holes he encour- forests. They are called wildfires. Yet bikes, et cetera. When I heard I was aged me to dig. He covered them so somehow we in the Senate, in the shap- going to be a grampa, I staked the people wouldn’t drive a car into them. ing of public policy, do not look at hur- ‘‘wheels’’ out, too. He taught me how to spade a garden, ricane crises in our forests and our So we picked out the transportation mow a lawn, and trim it properly. public lands the way we look at system. Danielle thought she started He later showed me the point in life wildfires. In August of 1910, a wildfire having contractions. We knew she had when you are supposed to start car- started in Idaho and Montana, and 3 walked a lot. So Brad checked her into rying the heavy end of the log. Later in days later 3 million acres of land were the hospital at midnight. At 8 a.m. the life, he had heart trouble and couldn’t gone. water broke, and at 4:21 p.m., Satur- go fishing by himself, so he took me Our forest health problems are not day, September 13, we all got new along. After a few minutes, he would isolated to the problems of the rural names. Trey weighed 6 pounds 14 place himself at the picnic area and West. In 1989, Hurricane Hugo slammed ounces and was 201⁄2 inches long, with visit with the tourists who stopped. He ashore near Charleston, SC, and cut a huge hands and long feet, of course— would tell them about his grandson path northwest through North Carolina his 6 foot 8 inch dad, who played bas- who would be arriving shortly with fish and into Virginia. On the Francis Mar- ketball for Wyoming, has size 16 feet and have quite a group waiting for my ion National Forest, 70 percent of the and easily palms a basketball. return. trees were killed. We, the Government, Danielle came through, as is her na- He liked to be called Grampa. And I immediately expedited the process of ture, invigorated and enthusiastic. You am now delighted to have the oppor- cleanup, salvage, and replanting, fun- would not have known by looking at tunity to earn that name. I wish I neling millions of dollars into that ef- her face, except for that special aura of could adequately share with you the fort. This is a similar expected path of being a mother, that she had just given joy in my heart. Hurricane Isabel, and the Governor of birth. The rest of us were emotional Trey, grandson, welcome to this Virginia has already declared a state of wrecks. The best way I can tell you of world of promise and hope and love. emergency. the thrill is to tell you that we can- I yield the floor. In January of 1998, over 17 million celed the events of the weekend and ex- The PRESIDING OFFICER. The Sen- acres of forests were heavily damaged tended an extra day, and I spent as ator from Idaho. in an ice storm that stretched across much of that time as I could just hold- Mr. CRAIG. Mr. President, I con- New York State, New Hampshire, ing that baby, watching him breathe gratulate the Senator from Wyoming, Vermont, and into Maine. We re- and move ever so slightly, and listened who just entered another phase of his sponded appropriately with $48 million to every little sound he made. Of life. He is a grampa, but he can also get to help in the cleanup. course, I had to let Diana hold him a very silly. I am a grandpa, and I know In the spring of 1999, when a blow- little, too. And his mom and dad even the silliness that comes along with it. down, followed by a southern bark bee- wanted turns. It is a wonderful kind of silliness, and tle epidemic, hit the Texas National If you would have told me I would it is a dimension in life of which I hope Forests, we provided emergency ex- spend hours just gazing at this miracle all men have the opportunity to be a emptions that allowed managers to of life, and having only that thought part. enter into wilderness areas—believe it for hours, I probably wouldn’t have be- So my neighbor in the West and my or not—to sanitize the stands to slow lieved you. But I have some instant re- neighbor here on Capitol Hill, to you down the insect infestation. play memories of that little face and and your bride, who is now a grandma, Just last year, in the supplemental those moving hands and those blankets congratulations. Defense appropriations bill, we helped and that cap, to hold the body heat in, Mr. SESSIONS. Mr. President, will Senator DASCHLE and Senator JOHNSON locked in my mind. the Senator yield 1 minute, please? deal with forest health emergencies in I am constantly doing little instant Mr. CRAIG. I yield. their State of South Dakota by sug- replay memories for myself and thank- Mr. SESSIONS. Mr. President, I add gesting that, by law, NEPA appeals not ing God for the opportunities he has my congratulations to Grampa ENZI be able to be litigated. given me—from finding Diana and and Diana. There is no Member of this Each time, a commonsense approach learning about prayer with our first body who exemplifies family values was supported by this body when a cri- child, the daughter who was born pre- more than those two. There is no Sen- sis hit our public forests. Each time,

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.032 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11521 we reached out to our neighbors and and reputation in the Senate, from this do not support this amendment for sev- said: We will help clean up the forests Senator’s standpoint, are becoming eral reasons and I would like to take a to ensure the health of the forests and more valid, more looked upon, and lis- few minutes to outline my concerns. to ensure the vitality of those forests tened to. The amendment offered contains four for wildlife and for human life. The issue before us is a straight- provisions, all of which will negatively As the Healthy Forest legislation forward issue that is trying to be made affect our Nation’s security and our comes up for debate, the Senator from complex. It is not the issue of building ability to maintain a modern and safe New Mexico—who is in the Chamber new nuclear weapons. Senator nuclear weapons capability. now to handle the energy and water ap- CHAMBLISS and I can start off by saying propriations bill—and I, the other Sen- there is nothing in this bill that per- This amendment prohibits our Na- ator from Idaho, MIKE CRAPO, and the mits us to build a single, solitary, new tion’s scientists from researching one Senator from Mississippi have been nuclear weapon. That requires an act of the foremost military challenges our working with our colleagues from Cali- of Congress that is not before us. Nation faces, which is an enemy using fornia and Oregon to assure that we Secondly, the Senator knows it pro- a hardened, deeply buried facility to can begin a process on the public lands vides for the testing ground in Nevada, protect weapons of mass destruction or of the West to attempt to clean them which we had said since we put it in carry out command and control oper- up, to reassure healthy forests. Yet mothballs, it should be ready for test- ations. Our Nation has just begun ex- somehow—by some groups, and by ing at any time. Any time today means ploring whether modified existing war- some Senators—it is looked at as an 3 years. Under this legislation, at the heads might be effective in countering entirely different process from what request of the administration, it will such targets. The underlying bill pro- Hurricane Isabel could well do to the be modernized so it will only take 11⁄2 vides funds to conduct the second year forests of the Carolinas and to the for- years to get ready for a test, if a test of a 3-year feasibility study to see if ex- ests of Virginia. is necessary. isting weapons can be modified to ad- So far, those things I have said, it Out West and across other forests of dress this critical threat. The bill al- would seem to me, should pass this our country, this year we have lost lows the United States to simply ex- nearly 4 million acres to wildfire and Senate 100 to 0. There are two other plore—and I emphasize the word—the yet we struggle to get the money, we issues I am sure my friend from Geor- full range of weapons concepts that struggle to get the right to allow the gia will explain, but none of them do process to clean up, to rehabilitate and anything to build a new line of nuclear could offer a credible deterrent and re- reestablish the environment of these weapons for this great Nation. That is sponse to new and emerging threats. It forests. It is time we wake up. What is not the issue, and I hope the Senator is imperative that our Nation continue happening to the forests of the West from Georgia will join me in con- to perform this research. It absolutely today is natural. It is a result of bug vincing a few more Senators this is an has to be done. kill, it is a result of drought, and it is issue to be defeated. Small funding, big The funding for advanced concepts a result of us taking fire out of the eco- ideas; little, tiny funding with great re- that this amendment strikes will also systems a good number of years ago. percussions if we fail to do what we prohibit our scientists from exploring Somehow now we are not being allowed ought to do. and incorporating changes to our exist- to treat it the very way we have al- I yield the floor and welcome the ing nuclear-related programs, includ- Senator’s comments. lowed hurricane damage and other nat- ing upgrades to safety and security ural damages to be treated. The PRESIDING OFFICER. The Sen- ator from Georgia. measures that make our nuclear arse- So I plead with the Congress, I plead nal more reliable and safer. Advanced with this Senate, to realize this, to Mr. CHAMBLISS. I thank the Sen- concepts are the ‘‘idea machines’’ for work with us to build a healthy forest ator from New Mexico for his kind scientists and engineers at our na- bill. I thought it was appropriate to comments, but most importantly I come to the Senate floor to say this at thank him for his strong leadership on tional laboratories that allow them to a time when Isabel is about ready to the issue of energy and any number of take advantage of advancement in hit land and begin to damage the for- other issues. In my years in the House technology. Essentially, this amend- ests of the East Coast. I had the privilege of working with the ment would restrict our scientists from I yield the floor. Senator when he was chairman of the doing their job, which is to improve the f Budget Committee. What great leader- reliability and sustainability of our ENERGY AND WATER DEVELOP- ship he provided, and he is carrying programs. that forward as chairman of the Appro- MENT APPROPRIATIONS ACT, The amendment also restricts fund- priations Subcommittee on Energy 2004 ing for the improvement of our coun- now. It is indeed a privilege and a try’s timeline to prepare for an under- The PRESIDING OFFICER (Mr. pleasure to work very closely with him ENZI). Under the previous order, the to make sure a strong energy policy is ground nuclear test. Our goal is to re- Senate will resume consideration of developed in the United States of duce the timeline from the current H.R. 2754, which the clerk will report. America, something that is sorely threshold of 36 months to 18 months. The legislative clerk read as follows: lacking. Under the Senator’s leadership The President could decide that a test A bill (H.R. 2754) making appropriations we are going to make sure that hap- is necessary to confirm a problem or for energy and water development for the fis- pens. test a fix to a problem involving the cal year ending September 30, 2004, and for Before I make my comments relative safety, security or reliability of a nu- other purposes. to this amendment, though, I cannot clear weapon in the stockpile. This ad- Pending: help but take a minute to say to the ministration has determined that, Feinstein amendment No. 1655, to prohibit Presiding Officer that as a grandfather should such a test become necessary, the use of funds for Department of Energy twice over, I am very happy for the activities relating to the Robust Nuclear the United States should not have to Earth Penetrator, Advanced Weapons Con- Chair and Diana. I will say if he thinks wait 3 years to address the problem in cepts, modification of the readiness posture he is having fun today, every day gets the stockpile. As our nuclear systems of the Nevada Test Site, and the Modern Pit more and more fun. age, the necessity to conduct a test be- Facility, and to make the amount of funds Being the obnoxious grandparent I comes more likely, should the Presi- made available by the prohibition for debt am, I would like to compare pictures dent determine that it is in the na- reduction. with the Presiding Officer as he moves tional interest to do so. This amend- The PRESIDING OFFICER. The Sen- down the road. My pictures of little ment would make our Nation and our ator from New Mexico. John and little Parker are something nuclear arsenal less, not more, secure. Mr. DOMENICI. Mr. President, I am special that I hold very near and dear. very pleased today that we have set a I see the Chair already has his. So we The last provision in this amendment time and we are going to vote on the will compare them early on. would have the most drastic effect, I so-called Feinstein amendment. I am I rise today to speak in opposition to believe, to our Nation’s security. For also pleased we will hear from a very the amendment offered by my distin- the first time in more than a decade, distinguished Senator whose thoughts guished colleague, Senator FEINSTEIN. I the United States will now be able to

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.035 S16PT1 S11522 CONGRESSIONAL RECORD — SENATE September 16, 2003 design and implement a program to and they want to see world peace and The advanced concepts initiative will manufacture a plutonium pit, an essen- they don’t necessarily want to see the support preconceptual and concept def- tial nuclear warhead component. The proliferation of nuclear weapons—un- inition studies and feasibility and cost lack of this proficiency has seriously derstand the need for us to know what studies approved by the Nuclear Weap- constrained our ability to maintain our is happening as far as our own stra- ons Council. With advanced concepts, nuclear stockpile. In fact, the Depart- tegic stockpile is concerned; that we we are beginning to challenge our sci- ment of Energy, in 2002, indicated that need to continue to evaluate the entists, designers, and engineers to the U.S. is the only nuclear power that threats from our enemies or potential consider what is within the art of the lacks the ability to manufacture enemies and where we stand in relation possible. They will be challenged to ‘‘pits.’’ All pits currently in the U.S. to that threat. think, discover, create, and innovate. nuclear stockpile were made at the I was convinced that we need to do By supporting the administration’s re- Rocky Flats Plant near Denver, CO, studies; we need to do some design quest for the advanced concepts initia- which opened in 1952. The Department thought; we need to bring it up for dis- tive, we will ensure there is an active of Energy halted pit manufacturing op- cussion. Nobody is out here saying we advanced development program to as- erations there in 1989. The administra- need to go into a nuclear arms race. I sess the capabilities of our adversaries, tion has proposed a multi-year plan- think that is overstated. But I think conceptualizing innovative methods for ning and design process that would re- there is a lot of science that needs to countering those threats, developing sult in a final decision on constructing be known, still, as far as nuclear weap- weapon system requirements in re- a modern pit facility in 2011. If con- ons. We are going through a period of sponse to our adversaries, and proto- struction is approved, the proposed fa- time where our stockpile is aging. Be- typing and evaluating the concepts. cility would begin full operation in cause it is aging, there are some phe- The advanced concepts initiative will 2020. The modern pit facility allows us nomena that we perhaps do not under- also help our experts to design en- to incorporate this capability into our stand. We want to make sure we under- hanced safety and security aspects for our nuclear weapons, particularly the nuclear weapons program and mod- stand. We want to make sure we have a aging nuclear weapons that we possess. ernize our systems accordingly. safe environment and, from a safety as- The Feinstein amendment would Should this amendment pass, the pect, that we understand what happens strike this funding for advanced con- United States’ capabilities for ensuring with aging. The administration’s budget request cepts. a safe, reliable nuclear arsenal will The RNEP study is not a new issue for fiscal year 2004 included several ini- continue to regress for several years. for the Congress to consider. Last year, tiatives to advance their agenda as This amendment will prohibit the U.S. Congress authorized and appropriated spelled out in the 2001 Nuclear Posture from taking advantage of the latest $15 million for the first of the 3-year Review. The Nuclear Posture Review technology. feasibility studies on the robust nu- laid out a plan to reduce the nuclear Let me reiterate, the U.S. is not clear earth penetrator. This bill pro- threshold by making advances in con- planning to resume testing; nor are we vides funding for the continuation of improving test readiness in order to de- ventional munitions and missile de- the feasibility study. It does not au- velop new nuclear weapons. In fact, the fense capabilities, and in revitalizing thorize the production or deployment U.S. is not planning to develop any new our nuclear weapons infrastructure, of such a capability. The RNEP feasi- nuclear weapons at all. Our goal is to while at the same time reducing the bility study will determine if one of maintain a safe, secure, reliable, and number of nuclear weapons—reducing two existing nuclear weapons can be effective nuclear weapons program, and the number of nuclear weapons in our modified to penetrate into hard rock in for this reason I oppose the pending stockpile from around 6,000 to between order to destroy a deeply buried target amendment. around 1,700 and 2,200 operationally de- that could be hiding weapons of mass I yield the floor. ployed nuclear warheads. destruction or command and control The PRESIDING OFFICER. The Sen- One focus of the Nuclear Posture Re- assets. ator from Colorado. view is to make advances in our nu- The Department of Energy has modi- Mr. ALLARD. Mr. President, I rise to clear weapons capabilities to deter fu- fied nuclear weapons in the past to oppose the amendment. I thought I ture threats instead of maintaining a modernize their safety, security, and would comment in three areas. nuclear weapons stockpile which was reliability aspects. We also modify ex- First of all, I have had an oppor- designed to deter past threats. isting nuclear weapons to meet new tunity to visit our laboratories in the This bill includes funding to support military requirements. The B61–11, one United States. I will talk a little bit the administration’s initiatives. Spe- of the weapons being considered for the about that. Then I would like to review cifically, the Senate bill provides $6 RNEP feasibility study, was already where we are in the overall aspect as million for advanced concepts, $15 mil- modified once before to serve as an far as our nuclear weapons are con- lion to continue a 3-year feasibility earth penetrator to hold specific tar- cerned. Finally, I will talk a little bit study on the robust nuclear earth pene- gets at risk. At that time, the modi- about what is in the authorization bill trator, which is commonly referred to fication was to assure the B61 could we passed in the Senate earlier on in as RNEP, and $25 million to enhance penetrate frozen soils. The RNEP feasi- the year, and talk a little bit about the our test readiness capabilities at the bility study is an attempt to determine fact that we have considered most of Nevada Test Site. That was mentioned whether the same B61 or another weap- these amendments already. I don’t un- in previous comments on the Senate on, the B83, could be modified to pene- derstand why we are bringing them up floor, how important it is in order to trate hard rock or reinforced under- for reconsideration, because the Senate meet our 18-month response require- ground facilities. has spoken. ment that this needs to be met. There Funding research on options, both I had an opportunity earlier this year needs to be money to meet that re- nuclear and conventional, for attack- to go around and visit the laboratories. quirement. And there is $23 million to ing such targets is a responsible step I began to understand how important it continue conceptual design efforts for a for our country to take. is—that we need to study our nuclear modern pit facility. Each of these indi- Admiral James Ellis, Commander of weapons and we need to understand vidual facilities will enhance our Na- U.S. Strategic Command, confirmed in where we are in regard to the strategic tion’s readiness and capabilities in sup- testimony before the Strategic Forces nuclear stockpile. port of the Nuclear Posture Review. Subcommittee on April 8, 2003, that not Not long ago, several years back, the I think the Members of the Senate all hardened and deeply buried targets hope for the strategic nuclear stockpile need to know the Nuclear Posture Re- can be destroyed by conventional weap- was that it would work, but there was view was analyzed by those people in ons. Many nations are increasingly de- skepticism in the scientific commu- the know, those people who understand veloping hardened and deeply buried nity. But going around the laboratories what is happening in other countries, targets to protect command and com- earlier this year, those scientists, very people who understand the science and munications and weapons of mass de- capable scientists, very dedicated em- understand where we are in this coun- struction production and storage as- ployees we have in our laboratories— try. sets. It is prudent to support the study

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.037 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11523 of potential capabilities to address this make sure the United States has the tonium pit—also known as a trigger—an es- growing category of threat. best and the brightest scientists and sential nuclear warhead component. The What the Senate bill provides fund- engineers prepared to innovate, create, lack of this proficiency has seriously con- ing for is simply the second year of the strained our ability to maintain our nuclear test, and even manufacture, if nec- stockpile. We have also launched a much- 3-year feasibility study, nothing more. essary, to make sure any adversary is needed facility modernization program. But Should the National Nuclear Security deterred from conducting harmful ac- maintaining our capability to address 21st- Administration determine through this tions against the United States or its century challenges requires more. study that the robust nuclear earth allies. Should our scientists decide we cannot cer- penetrator can meet the requirements There are protections in the National tify the reliability of our nuclear stockpile, to hold a hardened and deeply buried Defense Authorization Act which pro- we must be capable of conducting a nuclear test in a much shorter time frame than the target at risk, NNSA still could not vide that, at a minimum, no engineer- current three years. The capacity to test proceed to full-scale weapon produc- ing design work can occur on the ro- within 18 months is a critical capability tion development or deployment with- bust nuclear penetrator without spe- every president must have. We must also out an authorization and appropriation cific authorization from Congress. We give our weapons scientists the resources from Congress. maintain our ability to control any and authority to explore advanced weapons We should allow our weapons experts mass production of those nuclear weap- concepts, including research related to low- yield weapons. Funding constraints and con- to determine if the robust nuclear ons. fusing legal prohibitions have stifled most earth penetrator could destroy hard- We already had that debate. We new thinking on these issues. This has, in ened and deeply buried targets and to should allow these initiatives to con- turn, made us less capable of devising the assess what would be the collateral tinue. Therefore, I am urging my col- best responses to emerging threats. damage associated with such capa- leagues to join me in voting against The challenges posed by rogue nations or bility. Then Congress would have the the Feinstein amendment. terrorists possessing weapons of mass de- There are a couple more issues I struction are strikingly different from that information it needs to decide whether posed by the Soviet Union. Yet our best development of such weapons is appro- would like to cover. First, I ask unani- thinkers aren’t being allowed to fully shift priate and necessary to maintain our mous consent that an op-ed by the Sec- their focus from winning the Cold War to Nation’s security. retary of Energy, Spencer Abraham, meeting new challenges. The Feinstein amendment would from the Washington Post on Monday, Finally, we must move ahead to address strike funding to continue the ANEP July 21, 2003, be printed in the RECORD. one of the foremost military challenges iden- feasibility study. There being no objection, the mate- tified in our recent review—an enemy using hardened, deeply buried facilities, to protect The enhanced test readiness initia- rial was ordered to be printed in the its weapons and other assets. We have just tive has also been closely considered by RECORD, as follows: begun to explore whether modified existing the Congress and the administration. [From the Washington Post, July 21, 2003] warheads might be effective in attacking The House and the Senate Armed Serv- FACING A NEW NUCLEAR REALITY such targets. Similar analyses of the applica- ices Committees required the Depart- (By Spencer Abraham) bility of conventional weapons to addressing ment of Energy, in consultation with this threat are also being done. The United States took another step to- We are not planning to resume testing; nor the Department of Defense, to do a ward eliminating the last vestiges of Cold are we improving test readiness in order to study to determine the optimum readi- War nuclear weapons production in May develop new nuclear weapons. In fact, we are ness posture for the Nevada Test Site. when the Department of Energy awarded not planning to develop any new nuclear After a thorough review, the optimal contracts for construction of fossil fuel weapons at all. Our goal is designed to ex- test readiness posture chosen by the power plants to replace three Russian nu- plore the full range of weapons concepts that Department of Energy was 18 months. clear reactors. These reactors produce not could offer a credible deterrence and re- Against the thoughtful consideration only heat and electricity but also weapons- sponse to new and emerging threats as well grade plutonium, enough to build 11⁄2 nuclear as allow us to continue to assess the reli- of both the Congress and the adminis- weapons a day. When the new U.S.-financed ability of our stockpile without testing. tration, the Feinstein amendment power plants are constructed and the nuclear This is a sensible course that meets our na- would strike the funding to allow our reactors shut down, weapons-grade pluto- tional security requirements by restoring Nation’s readiness to be enhanced at nium will no longer be produced in Russia. our capabilities and ensuring that we have the Nevada Test Site. President Bush is deeply committed to re- the flexibility to respond quickly to any po- Another important initiative is the ducing the number of our nation’s strategic tential problems in the current stockpile, or continuing efforts to design and con- nuclear warheads by two-thirds, and to pre- to new threats that require immediate atten- tion. Our policies are designed to strengthen struct a modern pit facility to ensure venting nuclear and radiological materials from falling into the hand of terrorists. This the deterrent value of our nuclear weapons the United States can, once again, $466 million project is the latest advance- so that they don’t ever have to be used. manufacture plutonium pits for our ex- ment in an aggressive nonproliferation effort Mr. ALLARD. Mr. President, I would isting nuclear weapons stockpile and that has expanded from $800 million to $1.3 like to briefly point out some of the for future weapons design, if necessary. billion per year since the president took of- things we had in the Defense authoriza- The United States is the only nuclear fice. That’s why I was perplexed, during con- tion bill as it applied to a number of power which does not have the current gressional debate on the defense budget by the hysterics over the $21 million that would areas affecting nuclear weapons. The ability to mass produce plutonium pits. section that dealt with the developing Let me restate that. The United allow our scientists to contemplate advanced weapons concepts that could be used to pro- low-yield nuclear weapon—section 3131 States is the only nuclear power that tect against 21st-century threats. (In all, of the Defense authorization bill—re- does not have the current ability to some $6.4 billion in the budget is for Depart- peals the ban on research and develop- mass produce plutonium pits. ment of Energy nuclear weapons programs.) ment of low-yield nuclear weapons. But Although we have limited capabili- This funding should not have surprised that same section also includes a provi- ties to produce a few pits at the Los Al- anyone. It is the logical result of early Bush sion which states that nothing in this amos National Laboratory since the administration initiatives, endorsed by Con- repeal should be ‘‘construed as author- gress, to conduct a thorough review of the shutdown of Rocky Flats in my home izing the testing, acquisition, or de- State of Colorado, the United States nation’s nuclear weapons policy. That review determined that the 21st-century national ployment of a low-yield nuclear weap- has not produced plutonium pits. That security environment differs greatly from on.’’ is a problem for our aging nuclear that of the past half-century. Also included in that same provision weapons stockpile since the pits and Deterrence during the Cold War led to a is a section that limits DOE from be- those weapons are aging beyond their predictable—if chilling—balance of terror ginning phase 3. Phase 3 is the full- design life, and as a radioactive mate- that has now largely vanished. Henceforth scale engineering development or any rial, plutonium continues to deterio- threats will likely evolve more quickly and subsequent phase of a low-yield nuclear rate until the pits can no longer be us- less predictably. It is a situation that de- weapon ‘‘unless specifically authorized able. The Feinstein amendment would mands the restoration of our capacity to meet new challenges. by the Congress.’’ strike funding for the modern pit facil- Recently the United States has begun Finally, also in that same section ity. making great strides to rebuild those capa- 3131, a report is to be submitted to de- All of the administration’s nuclear bilities. Now, for the first time in more than termine if the repeal of the ban on re- weapons initiatives are designed to a decade, we are able to manufacture a plu- search and development of low-yield

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.039 S16PT1 S11524 CONGRESSIONAL RECORD — SENATE September 16, 2003 nuclear weapons will affect the ability We have debated this issue thor- cepts initiative. The administration of the United States to achieve its non- oughly. The Senate has spoken on claims that such funds are needed to proliferation objectives. these amendments and on these provi- keep our weapons scientists on the cut- On that section of the Defense Au- sions. The appropriators have language ting edge of warhead design but they thorization Act, we had a number of supporting what we have already voted have not explained to us what avenues amendments that we considered on the on and what has been passed by this of research they wish to pursue. In my floor which we have already voted on. body. I think it is time to move for- opinion, we barely know enough about Again, one was the Feinstein amend- ward. modeling how our existing warheads ment. Senator FEINSTEIN offered an I think it is important that we move function under the stockpile steward- amendment to strike the repeal of the forward with the appropriations bill in ship program. Our modern strategic ban on low-yield nuclear weapons re- light of our energy needs in this coun- warheads, such as the W–76 and W–88, search. The motion to table was agreed try. We shouldn’t delay. are very complicated; modeling them to by a vote of 51 to 43. That was the I rise in support of the bill, and I rise challenges even the most advanced cal- Senate’s position supporting the lan- in opposition to the Feinstein amend- culations on our laboratory supercom- guage of the Senate authorization bill ment and ask my colleagues to join puters. There is no need at this time to on Armed Services. me. embark on the new avenue of research The Reed-Levin amendment was also I yield the floor. in the advanced concepts initiative brought up in that section. They of- The PRESIDING OFFICER (Mr. SES- when we don’t understand the science fered an amendment which retains the SIONS). The Senator from New Mexico. underlying the stockpile stewardship of ban on low-yield nuclear weapon re- Mr. DOMENICI. Mr. President, I our deployed arsenal. The advanced search. This amendment would retain thank the distinguished Senator from concepts initiative will be a dangerous the ban on phase 3 and subsequent Colorado for his comments and overall distraction from the stockpile steward- phases but allow research on phases 1, summary of this situation. It has been ship program. 2, and 2A. This amendment was very extremely helpful. I am very grateful The third provision of this amend- similar to a House-Senate Armed Serv- that he found time to do it today. ment is somewhat more complicated. ices Committee provision. I understand that Senator BAYH de- Let me begin by stating that I strongly Chairman WARNER offered an amend- sires to speak as if in morning business support the construction of a modern ment in the form of a substitute which shortly with reference to the death of pit facility as an integral component of struck the Reed-Levin amendment and the Governor of his State. He is on his the stockpile stewardship program. An added a limitation which required a way. When he arrives, I will yield to earlier version of this amendment specific authorization from the Con- him. He said he wanted 7 minutes. struck the funding for conceptual de- gress before the Secretary of Energy Mr. BINGAMAN. Mr. President, I rise sign work on this facility, which, in my can proceed with phase 3—which again today to explain my reasons for sup- opinion, was a mistake. I expressed my is engineering development—or any porting the Feinstein amendment. This concerns to Senator FEINSTEIN, and I subsequent phases of low-yield nuclear amendment first and foremost seeks to am pleased that this version of the weapons. The Warner substitute passed reduce the funding for the robust nu- amendment retains these conceptual by a vote of 59 to 38. The Reed-Levin clear earth penetrator, or RNEP. While designs funds. amendment, as amended by the Warner on the Armed Services Committee, I There is a fundamental reason why I substitute, passed by a vote of 96 to 0. took the lead on numerous occasions in think the modern pit facility is impor- In another section in the Senate opposing this program. I believe that it tant. Our pits are approaching ages in Armed Services Committee authoriza- sends the wrong signal to other nations some cases of up to 35 years old. Our tion bill dealing with the robust nu- when we are proposing to expand our best scientists do not fully understand clear earth-penetrator—commonly re- nuclear arsenal at the very same time the way aging affects on these pluto- ferred to as RNEP—there was an au- we are trying to control the spread of nium pits. At Los Alamos National thorization for $15 million for RNEP, weapons of mass destruction world- Laboratory, we are just now at the which was the amount of the request wide. stage where we can produce our first we had in the budget proposal. That Further, this country clearly has su- prototype test pit, 15 years after the was section 1050. periority in advanced conventional Rocky Flats plant stopped production Section 3135 also requires DOE to re- weapons, as evidenced by the recent of these pits. But the Los Alamos facil- ceive a specific authorization from conflict in Iraq. Very few, if any, na- ity cannot expand to handle the pro- Congress before commencing with tions can compete with the U.S. in con- duction that our stockpile may require phase 3 or any subsequent phase of the ventional weapons. We should be rely- 15 years from now. RNEP. ing on this advantage in conventional With regard to siting the facility, I Time and time again, the Senate has weapons rather than forcing other na- do not believe that we will have all the spoken—that there will not be any fur- tions to compete with us on nuclear information we will need to do so by ther procedure on nuclear weapons de- weapons as we did before the end of the 2004. I have not seen any statements by velopment and advanced engineering cold war. the administration on what size the unless there is specific authorization There is also a pragmatic reason why stockpile will be in 2012, when the Stra- from the Senate. I believe the RNEP is not needed. In tegic Offensive Reduction Treaty re- Under the RNEP, there were a couple my opinion, our existing arsenal, par- duces the stockpile down to 1200 to 1700 of Senate floor amendments that we ticularly the B–83 tactical nuclear strategic weapons. I note that this considered. For example, Senator DOR- bomb, is more than adequate to serve treaty does not account for the de- GAN offered an amendment to prohibit as a deterrent against the hardest un- ployed warheads found in gravity the use of funds for the nuclear earth- derground targets that confront us bombs. As a result of this lack of preci- penetrator weapon, and the motion to today. The administration envisions sion in future stockpile size, the DOE’s table was agreed to by a vote of 56 to the RNEP as a weapon that will de- Environmental Impact Statement 41. stroy deep underground targets. Yet gives production rates that range by a There was a Nelson amendment on proponents of this argument seem not factor of four from 100 to 450 pits per RNEP. That amendment limited the to have considered the loss of function year. Given that the stockpile size has DOE from beginning phase 3—full-scale to an underground target that a B–83, not been decided at this time, and that development—or any subsequent phase whose yield is in excess of 1 megaton, the modern pit facility will not start of the robust nuclear earth-penetrator will cause. I am sure that after such a operations until 2018, I cannot see how without a specific authorization from devastating explosion, very little, if the Department of Energy can con- Congress. any, of the deepest underground tar- figure, much less site, their pit produc- Chairman WARNER prepared a very gets will pose much of a threat to the tion facility in fiscal year 2004. I con- similar amendment, and the Nelson U.S. cur with Senator FEINSTEIN that the amendment was agreed to by a voice Further, the amendment seeks to DOE can hold off siting the facility for vote. strike funding for the advanced con- a year, while continuing its design to

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.041 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11525 match the stockpile requirements from deeply buried or hardened targets at It is imperative that we nip this mis- the Department of Defense. this time. To do so would be premature chief in the bud by supporting Senator I would like to note that I have advo- at best and dangerous and misguided at FEINSTEIN’s amendment. cated that if and when DOE justifies worst. Let me remind my colleagues that the facility’s size, then Carlsbad, NM is I am further convinced by the testi- the administration has consistently the best location for it. Carlsbad’s mony and writings of experts, both identified one distinct threat to U.S. close proximity to Los Alamos Na- those who have worn our Nation’s uni- security and reiterated this threat in- tional Laboratory means that the sci- form and those who did not, that not numerable times in the past year: The entists who are researching the best only is the utility of these nuclear proliferation of weapons of mass de- ways to re-manufacture pits will be weapons questionable, but so is the struction and their transfer to terror- able to easily travel and impart that very fact of whether or not they will ists. knowledge to the production plant. work as hoped. In the President’s speech to the Carlsbad has a top-notch workforce at Developing low-yield nuclear weap- United Nations on Sept. 12, 2002, in his the Waste Isolation Pilot Plant well- ons at this time would also severely address to Congress in October, 2002, in trained for handling radioactive mate- undermine our global nonproliferation his State of the Union speech this past rials that will be essential to the pit fa- efforts. I believe that at a time when January, he repeatedly expressed his cility. The Carlsbad community has the United States is seeking to con- concern about the proliferation of bio- shown strong support for the facility as vince the North Korean leadership that logical, chemical, and especially nu- well. they do not need to engage in a brazen clear weapons. I support this amendment, but I also drive for a robust nuclear capability; at Many Members of Congress voted to want to make clear that I also support a time when our diplomats are trying send our young men and women to Iraq the goal of constructing a modern pit to deescalate nuclear tensions along to eliminate the threat of Saddam Hus- facility, provided that they have a the Indian and Pakistani border; at a sein’s supposed nuclear arsenal. We clear mandate from the Department of time when the International Atomic were told that while Saddam had not Defense on the facility’s size based Energy Agency is presently engaged in yet developed nuclear weapons, he was upon the stockpile, and we expect in negotiations with Iran over actively intent on doing so and the 2018, when it begins operation. denuclearization and inspections, that consequences would be horrific. Mr. LIEBERMAN. Mr. President, I we would be naive to think that we can Meanwhile, during this same year, stand today in support of my colleague coax these nations to drop their nu- the administration is looking to create Senator FEINSTEIN, and her amendment clear plans while we invest in pursuing new nuclear weapons. to strip the funding from the robust our own new nuclear capabilities. Our diplomats have just returned nuclear earth-penetrator and the ad- In addition to undermining our inter- from six-way talks in Beijing aimed at vanced weapons concepts program, and national nonproliferation efforts, a new resolving the North Korean nuclear cri- to stop the enhancement of the time- generation of nuclear weapons, espe- sis instigated last fall when Kim Jong to-test readiness at the Nevada Nuclear cially the low-yield variety envisioned IL announced his defiance of the 1994 Test Site and the site selection of the by the administration, will blur the Agreed Framework. How can our nego- modern pit facility. I fully support bright lines between conventional and tiators in good faith reassure the North Senator FEINSTEIN’s efforts to attempt nuclear capabilities, and raise the like- Koreans and the other participants at to put an end to nuclear proposals that lihood of resorting to the latter. I am these talks of peaceful United States have not yet been justified by hard ar- not alone in this concern. Former intentions in the region, while at guments but would likely result in ad- Chairman of the Joint Chiefs of Staff home, in our labs, nuclear scientists verse consequences. General John Shalikashvili stated this are experimenting with new nuclear Almost a decade ago, the United concern clearly and persuasively: weapons that will eventually have a States, our allies, and the freedom-lov- ‘‘[a]ny activities that erode the yield 70 times that of the bomb dropped ing nations around the world rejoiced firebreak between nuclear and conven- at Hiroshima? as the cold war ended peacefully and tional weapons or that encourage the It is abundantly clear that there is a the threat of total nuclear annihilation use of nuclear weapons for purposes copycat effect of U.S. military plan- was lifted. We dreamed then and we that are not strategic and deterrent in ning. According to former Undersecre- hope now that we will never again nature would undermine the advantage tary of Energy, Rose Gottemoeller: enter into a global struggle with ther- that we derive from overwhelming con- Other countries watch us like a hawk. monuclear consequences. ventional superiority.’’ They are very, very attentive to what we do Yet there are those in this world who in the nuclear arena. I think people abroad would still do us harm, and they are The world we live in is indeed a dan- will interpret this as an enthusiastic effort armed with weapons of mass destruc- gerous place. In response to these dan- by the Bush administration to re-nuclearize. tion. To pretend otherwise would be to gers, however, we must guard against And I think definitely this nuclear funding is pander to a most dangerous delusion. rash actions that undermine our ulti- going to be an impetus to the development of There is a real danger that they seek mate security. The new nuclear weap- nuclear weapons around the world. to secure those weapons in hardened or ons the administration advocates will I clearly remember the devastation deeply buried bunkers. We must put not substantially increase our sense of that the atom bombs wrought not only our best scientists to work to learn security and may in fact detract from on Hiroshima and Nagasaki, but on all how to neutralize this threat. it. society. As Adlai Stevenson put it, At the same time, we must be careful Mr. LAUTENBERG. Mr. President, I ‘‘Man wrested from nature the power that in seeking to neutralize this rise today to support Senator FEIN- to make the world a desert.’’ threat, we do not aggravate it by pur- STEIN’s amendment to remove funding Since those two unforgettable days suing dangerously destabilizing poli- for the development of new nuclear in 1945, administration after adminis- cies and weapons programs. weapons. The administration is seeking tration, Republicans and Democrats, As a member of the Senate Armed $15 million to fund more research on have made it clear that nuclear weap- Services Committee, I have been the robust nuclear earth penetrator a ons have held a special status within briefed on our military’s conventional nuclear bunker buster and $6 million the U.S. arsenal. U.S. policymakers and nuclear capabilities. Like most for research on new nuclear weapons. have committed to the international Americans, I have also watched with I must register my shock that the ad- nuclear arms control regime. pride as our armed forces prove in Iraq ministration has requested this fund- The research funding in this bill for and around the world that they are sec- ing, reversing almost 60 years of U.S. the nuclear earth penetrator departs ond to none. Based on these observa- nuclear policy. Funding such a request from 60 years of nuclear policy. If these tions, I am convinced that we can and is the first step on a ‘‘slippery slope’’ weapons are researched, they will be will meet the threat posed by our en- that could irreversibly lead us to test- inevitably be tested, which will under- emies without having to resort to de- ing and maybe even deploying these mine a 10-year U.S. commitment to a veloping nuclear weapons to destroy new nuclear weapons. nuclear testing moratorium.

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.046 S16PT1 S11526 CONGRESSIONAL RECORD — SENATE September 16, 2003 I am deeply concerned about the its chemical and biological weapons or vide are far outweighed by both the standing of the United States in the hide its leaders in underground bunk- risk that they will actually be used and international community. ers, some people call for new nuclear the dangerous signal that they send to As a result of the unilateral approach weapons capable of penetrating layers other countries—intentionally or not— the Bush administration has taken in of earth and destroying deeply buried that we intend to fight nuclear wars. Iraq, we have lost friends, trust, re- targets. Low-yield weapons, in particular, blur spect and admiration in the global Advocates of new nuclear weapons go the traditional firewall between nu- community. This new nuclear policy off the deep end, however, when they clear and conventional war. The side- departure will only further erode U.S. suggest that low-yield weapons could step the fact that a nuclear weapon is leadership and esteem in the world. ever destroy deeply buried targets, or a weapon of a wholly different order I urge my colleagues to support this that a ‘‘bunker-busting’’ weapons and magnitude from any other weapon vital amendment. would not cause horrific civilian cas- in existence today—something that Mr. BIDEN. Mr. President, I rise to ualties. The laws of physics dictate any sane and rational society would support Senator FEINSTEIN’s amend- that a warhead cannot penetrate more only use as a truly last resort. As Hiro- ment to strike funding allocations for than 50 feet of dry rock before gravita- shima and Nagasaki demonstrated in certain nuclear weapons research and tional forces cause the warhead to 1945, even crude nuclear weapons are development activities contained in break up. That means that a nuclear city-killers. H.R. 2754 the energy and water appro- weapon big enough to destroy a deeply Let me point out one final challenge priations bill. Before I discuss the par- buried target—even a target 100 feet to the possible use of low-yield nuclear ticulars of this amendment, let me ex- below ground—cannot be ‘‘low-yield’’. weapons to strike deeply buried tar- plain why it matters so very much in Any low-yield weapon would simply gets. Any decision to order such a the context of the international envi- lack the explosive power necessary to strike must rely upon unimpeachable ronment in coming decades. destroy a target buried at that depth intelligence, because no rational Presi- Today, the United States is the pre- or lower. So the nuclear weapons de- dent will order even a low-yield nu- eminent conventional superpower in signers tell us explicitly: A Robust Nu- clear weapons like without great con- the world. We spend more on our Na- clear Earth Penetrator will never be a fidence in the success of the mission. It tion’s military than the rest of the low-yield weapon. is precisely that type of intelligence But what would happen if a low-yield world combined. As the dazzling dis- which is so difficult to obtain when it weapon were used against a buried tar- play of firepower exhibited by our comes to acquiring information on the get? According to the physicist Sidney troops in Afghanistan and Iraq dem- location of WMD stockpiles and leader- Drell, a one-kiloton nuclear weapon, onstrates, our Nation boasts the ship compounds in rogue states. Just well below the 5-kiloton threshold mightiest military machine in world look at what happened during the war below which nuclear weapons are called history. on Iraq this spring. Twice, we thought ‘‘low-yield’’, detonating at a depth of 40 But none of that means our Nation is we had Saddam in our sights. Our in- secure or can afford to rest on its lau- feet below the surface would still cre- ate a crater larger than the entire telligence folks told the President they rels. As September 11 graphically ex- had good information that Saddam was hibited, the world is a very dangerous World Trade Center impact zone and churn up about 1 million cubic feet of in a particular location at a given place, if only because our adversaries time—but in both cases they were and rivals are turning to asymmetric radioactive material into the air. This very small one-kiloton nuclear weapon wrong. Saddam either was never there warfare to nullify our military advan- would wreak tremendous damage, con- or had left before the bombs arrived. tages and exploit our weaknesses. One taminating the surrounding area for And as for taking out Saddam’s chem- key asymmetry lies in the use of weap- miles on end with dangerous gamma ical or biological weapons, ‘‘all the ons of mass destruction. The spread of rays and other radiation. This reality king’s horses and all the king’s men’’ technology around the world allows a is vastly different from the image of a will get back to us later. greater number of states and non-state surgical weapon promoted so often by I’m not casting blame on our intel- actors to access the knowledge, tech- its advocates. ligence community—it is an incredible nology, and infrastructure required to Advocates of low-yield nuclear weap- challenge to gain real-time tactical in- develop and produce nuclear, chemical, ons are trying to have it both ways. formation in the heat of battle. But and biological weapons. They want a weapon powerful enough imagine the international outcry had Nuclear weapons, in particular, can to take out bunkers, neutralizing any the United States used a low-yield nu- nullify the overwhelming conventional stored chemical and biological agents, clear weapons to go after Saddam. Not military strength of the United States. that are buried deeply below the only would we have failed to kill him Today no weapons system can defend Earth’s surface. At the same time, because he was not in the bunker, we against the detonation of a nuclear these weapons must be small enough to would have caused incalculable civilian weapon in an American city. National minimize civilian casualties and de- casualties, razed a large part of Bagh- missile defense holds out the prospect struction on the surface. Unfortu- dad, and breached the nuclear thresh- one day of preventing the delivery of nately, scientists and weapons design- old. nuclear weapons via intercontinental ers say it just can’t be done. Is this a price any future Commander ballistic missiles, but the technology is Weapons designers will tell you that in Chief would or should be willing to so premature that any effective system the real purpose for low-yield nuclear pay? Our enemies are not stupid—they is years, if not decades, away. Indeed, a weapons is not to strike underground will increasingly locate valuable tar- terrorist is unlikely to use an ICBM targets when all other options have gets near or next to civilian sites, such with a return address. And there is ab- failed. Rather, these weapons could as mosques and hospitals. They may solutely no system that can prevent a strike regular surface targets like lead- will bury deeply hidden bunkers under barge from sailing into New York ership compounds—while reducing the these sites. Again, should any Presi- City’s harbor and detonating a nuclear damage that a more regular-sized nu- dent give the OK to use a low-yield nu- explosive on board. clear weapons would cause. But that clear weapon under such cir- So nuclear proliferation represents resurrects the misguided strategic con- cumstances? If not, why incur the fis- the gravest threat today to our na- cept that nuclear weapons are just cal expense, diplomatic costs, and stra- tional security, a threat from which handy tools, like any other weapon—a tegic risks of developing these new our overwhelming conventional mili- bizarre notion that should have expired weapons in the first place? Why give tary strength provides little protec- along with Dr. Strangelove decades other countries the sense that nuclear tion. How do we best respond to this ago. Besides, low-yield weapons are weapons are a vital element in our war- threat? One school calls for the devel- nothing new. Every time we developed fighting plans, when there would still opment of new nuclear weapons for them, however, the military concluded be no rational reason for us to use possible use in an otherwise nonnuclear that they weren’t worth the effort. them except in retaliation? conflict. In order to ensure that a Any deterrence benefits that new So what’s the right response to the North Korea or an Iran cannot secure low-yield nuclear weapons would pro- world we live in today, where nuclear

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.050 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11527 proliferation poses the greatest secu- This new funding to enhance our U.S. national security or represents rity threat we face? I wish I could offer readiness to resume nuclear weapons some extremist, antinuclear weapons you one simple solution that will effec- testing and conduct research on new agenda. In fact, the opposite is true. tively answer this challenge. Unfortu- weapons concepts and designs will lead So what’s the bottom line here? nately, no such magic bullet exists. In- us to a world where the further pro- Today, the United States deploys 6,000 stead, we need to rely on a shrewd com- liferation of nuclear weapons is more strategic nuclear warheads and pos- bination of accurate intelligence, di- widely tolerated. While the senior offi- sesses in total more than 10,000 de- plomacy, multilateral cooperation, cials in the current administration ployed or reserve nuclear weapons. As arms control, export controls, interdic- have disavowed any intent to resume we are the overwhelming conventional tion, sanctions, and when appropriate, nuclear testing or produce new nuclear military power in the world, it is decid- the threat or use of military force, to weapons, their actions tell a different edly against our interest to see others deter and prevent the spread of nuclear story. obtain and/or use nuclear weapons. weapons. The Nuclear Posture Review of De- Why on earth, then, are we considering In those situations where we must cember 2001 identified not only Russia the acquisition of additional and more target deeply buried targets, conven- and China as potential targets in a fu- advanced nuclear weapons? tional weapons offer a promising alter- ture nuclear war, but also North Korea, If we continue on these steps to de- native to introducing nuclear weapons Iran, Syria, and Libya. The latter velop these new weapons, our friends into the conflict. After all, chemical or countries were cited as seeking weap- and enemies alike can easily dismiss biological weapons stored in an under- ons of mass destruction, but not nec- our future admonitions on why nuclear ground site can do no harm as long as essarily nuclear weapons. weapons fail to provide true security. they remain within that bunker. And More recently, civilian Pentagon Indeed, our adversaries will take to an earth-penetrating nuclear weapon leaders ordered a task force to consider heart one overriding lesson: Develop could spread far more chemical or bio- possible requirements for new low- your own nuclear weapons to deter a logical agents than it burned up, unless yield nuclear weapons, even while as- preemptive U.S. strike. it landed very precisely on the target. suring the Senate that no formal re- Let me close with a statement by So our military could employ large quirement has yet been established. Secretary of State Colin Powell, a man conventional bombs to seal or destroy A presidential strategy document re- who spent the majority of his career in the entrance and exit tunnels to under- portedly stated that the United States the uniformed military. In May 2002, ground sites, so that any weapons might use nuclear weapons against a Secretary Powell discussed the poten- stockpiles stored in such sites will not non-nuclear state possessing chemical tial for an India-Pakistan conflict to be going anywhere for a while. or biological weapons. evolve into a nuclear clash. But his Other scientists have discussed the Senior officials publicly discuss the larger point holds true for our debate feasibility of targeting a series of con- possible need to resume underground today: ventional missiles, one following the nuclear testing, either to ensure that Nuclear weapons in this day and age may other, in order to burrow a ‘‘pilot hole’’ existing weapons are safe and reliable serve some deterrent effect, and so be it, but toward a deeply buried target. So let’s or to test new weapons, all the while to think of using them as just another weap- be clear—nuclear weapons are not the scorning the Comprehensive Test Ban on in what might start out as a conventional only possible solution for attacking an Treaty. conflict in this day and age seems to be underground target. The Feinstein amendment would something that no side should be contem- The neoconservative school argues strike out the $15 million allocation for plating. that diplomacy, arms control, and the Robust Nuclear Earth Penetrator, The Feinstein amendment enhances international ‘‘norms’ have failed to eliminate the $6 million allocation for U.S. national security by preventing deter rogue states like Iran and North Advanced Weapons Concepts Initiative our Nation from sleepwalking into an Korea from developing nuclear weap- and prohibit the use of any appro- era when nuclear weapons are consid- ons programs. There may be some priated funds to shorten the time pe- ered just another weapon. The United truth to that, but diplomacy has been riod required to prepare for an under- States is the leader of the world. Other instrumental in slowing down the ground nuclear test from the current 24 nations watch us and they follow our progress of these programs and re- to 36 months to less than 24 months. lead. Let’s not lead them astray. straining their scope. In addition, non- It would also prohibit the use of Mr. AKAKA. Mr. President, I rise proliferation regimes and international funds for site selection or conceptual today to comment on the debate over norms have provided tremendous value design of a Modern Pit Facility, which funding for the administration’s re- in convincing more established states would produce replacement plutonium quest for studying new nuclear weap- in the international system to remain triggers for the existing nuclear stock- ons in the Energy and Water Develop- non-nuclear. For example, it was their pile. The amendment reallocates the ment Appropriations bill. desire for international legitimacy eliminated funding to the paramount The administration proposes that which, in part, persuaded Argentina goal of deficit reduction. Congress fund the study of two new nu- and Brazil to give up their nascent nu- Let me remind my colleagues that clear weapons: a robust nuclear earth clear weapons programs in the 1980’s. this amendment only proposes to do penetrator, RNEP, and a low yield nu- The same can be said for Japan, Tai- what the Republican-controlled House clear weapon. wan, the Ukraine, and South Africa, largely already did in July, when it Why does the United States need which have all foregone, halted, or vol- adopted its version of the Energy and these new nuclear weapons? untarily given up their own nuclear Water appropriations bill. According to The administration’s case for these weapons programs. press reports, Representative DAVID new nuclear weapons presumes that de- How does the Feinstein amendment HOBSON, the Republican chairman of terrence may not be working well in fit into this broader discussion over the relevant House Appropriations sub- the post-cold war security environ- U.S. nuclear weapons strategy and the committee, defended his panel’s deci- ment. Leaders of rogue states may con- battle to combat nuclear proliferation? sion to strike this funding by asserting clude that the United States cannot at- The energy and water appropriations the U.S. Government should first ad- tack their deep bunkers or weapons of bill includes the administration’s origi- dress the rising costs of managing its mass destruction, WMD, and so act or nal requests for funding of a series of existing nuclear stockpile and dis- use their WMD with impunity. These controversial nuclear weapons activi- posing of its nuclear waste before mov- new nuclear weapons supposedly will ties, including research into advanced ing ahead with new nuclear programs. bolster the U.S. deterrent. nuclear concepts, such as low-yield Neither the full House Appropriations But does our nuclear arsenal no weapons, and reduction of the time pe- Committee nor the House as a whole longer deter? riod between when a President makes challenged the subcommittee’s mark. Deterrence involves credibly threat- the decision to resume nuclear testing We should all remember the House’s ening an enemy to deter them from and when our nuclear weapons complex actions when our opponents charge taking unwanted actions. It involves would be able to carry out a test. that this amendment will jeopardize having the forces to fulfill the threat

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.031 S16PT1 S11528 CONGRESSIONAL RECORD — SENATE September 16, 2003 and the resolve to carry out the threat. weapons is incredible because it is im- The $21 million for the RNEP and ad- We have enough nuclear weapons to ac- practical and there are conventional vanced weapons concepts, including the complish this goal. Over a decade after weapons that can or will be able to do low-yield nuclear weapons, in the fiscal the end of the cold war we possess an the job. We are told there are dozens if year 2003 budget could be better spent arsenal that could still end life on not hundreds of buried hardened tar- elsewhere to guard us against real nu- earth as we know it. This massive de- gets. Without excellent intelligence on clear threats. There is widespread structive power should give pause to where WMD or rogue leaders may be agreement that al Qaeda or other ter- any nation or dictator that wants to hidden, the United States would need rorist groups would make use of a dirty attack the United States with nuclear to drop dozens or hundreds of nuclear bomb if they could get hold of radio- weapons. weapons. The radioactive fallout from active materials. I have released three While the Congress was on recess, the such a strike would be large. The inter- General Accounting Office reports this annual remembrance of the bombings national political fallout would be year that show the United States and of Hiroshima and Nagasaki and the end massive and so would be the inter- international controls over radioactive of World War II passed. On August 6, national environmental effects. sealed sources that could be used in a 1945, the United States dropped the The U.S. nuclear arsenal is currently dirty bomb are severely lacking. The first atomic bomb on Hiroshima. Three diverse and flexible. the United States Energy Department could better spend days later another was dropped on Na- in fact already possesses such low-yield the funds being proposed for new nu- gasaki. Shortly thereafter Japan sur- nuclear weapons. I asked Secretary of clear weapons on improving the track- rendered, ending World War II. Energy Spencer Abraham for the ing and security of dangerous radio- The Hiroshima bomb had an explo- record when he was before the Senate active sources here and abroad. sive power of 15 kilotons of TNT and Armed Services Committee this spring Pursuing new nuclear weapons will killed almost 70,000 people immediately if the United States had operational undermine our non-proliferation goals. and injured as many more. The Naga- nuclear weapons that could have yields The example we set for the rest of the saki bomb was 22 kilotons and killed of less than five kilotons. Secretary world does matter. Getting the world’s 40,000 people and injured another 25,000. Abraham’s unclassified written re- approval for the indefinite extension of There had been devastating conven- sponse was that, ‘‘The U.S. has two ex- the Nuclear Non Proliferation Treaty tional bombing attacks during World isting nuclear weapons that have cer- in 1995 was dependent on the United War II. The fire bombings of Dresden tified yields of less than five kilotons.’’ States and the other nuclear powers and Tokyo also caused widespread As for the robust nuclear earth pene- signaling they would rapidly negotiate damage and loss of life. But the realiza- trator, we already have one of these as a comprehensive Nuclear Test Ban tion that one plane with one bomb well. As has been well publicized, in the Treaty, CTBT. could destroy a city was a new and mid-1990’s, the United States deployed The United States and Russian deci- fearsome development. the B61–11 bomb for an earth pene- sion to stop nuclear testing in the lead After the end of World War II and the trating mission. up to the CTBT talks put pressure on onset of the cold war, the U.S. arsenal The administration claims the B61–11 France and China to end their nuclear expanded rapidly. By 1960, more than is no longer adequate for the job. En- test programs in the 1990’s. Had the ten thousand nuclear weapons were in ergy Department officials informed United States and the other nuclear the U.S. arsenal. Weapons had ex- congressional staff in an unclassified powers not stopped nuclear testing it panded from kiloton to megaton size. briefing that the B61–11 was designed would have been even more difficult to The U.S. arsenal grew to have 20,500 not to penetrate rock but to attack pressure Pakistan and India to put a megatons of TNT explosive power. only certain targets in hard or frozen quick to their nuclear tests. It would A megaton is an enormous amount of soil in Russia. It is not able to counter be even harder to put pressure on destructive power. A kiloton is a thou- targets deeply buried under granite North Korea today. sand tons. A megaton is a million tons. rock. Moreover, it has a high yield, in Getting the world to continue to help In 1960, the U.S. arsenal had almost the hundreds of kilotons. If used in us to pressure North Korea and Iran seven tons of TNT of explosive power North Korea, the radioactive fall out will be more complicated if the United for every one of the three billion men, could drift over nearby countries such States weakens its commitments to women and children on the planet. as Japan. non-proliferation. In early September, The massive overkill of the U.S. arse- Is the solution to a seeming limita- Russia complained that several states’ nal, like its Soviet counterpart, has de- tion to the B61–11 exploring yet more failure to ratify the CTBT is delaying clined since the 1960s. The United and more nuclear weapon designs? This its entry into force at an international States still keeps thousands of nuclear search for a perfect nuclear deterrent conference convened to look at this weapons. But the average explosive reminds me of the mad logic of the cold question. This controversy over the power of a U.S. nuclear weapons has war where the United States and So- U.S. non-proliferation policy is not decreased. As a result the U.S. arsenal viet Union pursued more and more nu- welcome news when the administration today contains only some 1,200 mega- clear weapons of more and more sophis- is now seeking support to condemn tons of explosive power. Still enough, ticated designs to try to cover more Iran’s nuclear program at an upcoming however, for 400 lbs. for every person and more contingencies. These endless IAEA meeting. News reports indicate on Earth. improvements are unnecessary, expen- that the United States will have a hard Some advocates of small nuclear sive and dangerous. time doing this as Iran has more allies weapons claim massive firepower is a For example, some argue using new on the IAEA’s board than does the poor deterrent. They argue that the small penetrator nuclear weapons is United States. United States would not use a large nu- preferable to using conventional weap- The non-proliferation regime, labori- clear weapon for a limited strike. They ons for attacking buried chemical or ously constructed by the United States further argue that smaller, more usa- biological weapons. They hope that a and the international community over ble nuclear weapons will be a more nuclear weapon would incinerate hid- 30 years, has been a success. Rather credible deterrent because rogue state den weapons. However, calculations by than having dozens of countries with leaders will believe the United States Princeton physicist Robert Nelson in- nuclear weapons, we confront a few, could use them. The administration dicate that, unless the strike is ex- final, hard cases that have been a prob- proposes to investigate the possibili- traordinarily precise, the blast from a lem for many years but whose time is ties of a new nuclear weapon with a nuclear weapon has as good a chance of running out. New nuclear weapons are yield of less than five kilotons to meet dispersing buried agents as destroying not the way to address the challenges this goal. them. Our conventional forces can also these nations pose. Five kilotons is one third the size of attack or disable deeply buried targets. Rather, a diplomacy of engagement, the Hiroshima bomb. It is not a low- They will continue to improve in effec- building the support of the inter- yield weapon. It is equivalent to 5,000 tiveness and lethality. We should focus national community, and maintaining tons of ten million pounds of TNT. Yet, on improving their capability, not our strong alliance commitments and the use of such new lower yield nuclear chasing some nuclear will o’ the wisp. conventional forces is the way forward.

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.033 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11529 The administration is learning that fore the vote. I will summarize again votion to education was second to force and confrontation are not a solu- and we will have handouts if anyone none. He fought for higher academic tion to the non-proliferation problem. needs to know what this Senator standards, a system of assessments to Saddam Hussein’s weapon of mass de- thinks the issues we will vote on are. determine how children are doing to- struction program was not an immi- In summary, No. 1, there is no au- ward meeting those standards, and tak- nent threat. Continued inspections and thorization to build any new nuclear ing aggressive steps to ensure that indefinite monitoring which were envi- weapons. We are building none now. We every child across our State would sioned under the U.N. resolutions have not built any for a long period of have access to the skills necessary to would have contained his program. time. make the most of their God-given Confrontation with North Korea has No. 2, a portion of this bill says the abilities. led to an acceleration of the North Ko- Nevada Test Site will be made ready so He worked tirelessly first as lieuten- rean nuclear program not its demise. it can be used in 18 months rather than ant governor and then as Governor on Now the administration must nego- 3 years. Almost everyone knowledge- behalf of a better economy, more job tiate seriously with North Korea to able in the field thinks it is high time opportunities for the people of Indiana. bring and end to the crisis and create a that happened. Particularly during these recent dif- new security regime in the Northeast No. 3, there is a small amount of ficult years he doubled his efforts to Pacific. money to begin planning, designing ensure that our State would be com- The administration should under- and feasibility, for a pit manufacturing petitive with not only our neighboring stand more and more types of nuclear facility. We are the only nation with States but also with those with which weapons will not guarantee deterrence, nuclear weapons which has no spare we compete from abroad. prevent the proliferation of WMD, pre- pits, plutonium pits, the essential in- Frank O’Bannon cared about a better vent war or conflict. In fact, during the gredient. We have tried to make them quality of life for all Hoosiers. He work cold war we found our ever increasing in Los Alamos. It is makeshift and it tirelessly for better health care for the nuclear arsenal could not achieve these has been very expensive. citizens of our State, particularly for It is clearly indicated for the next 40 goals. Paranoid, pygmy or pariah the young. I am so very proud the or 50 years we need to build a facility. states, as Professor Richard Betts once State of Indiana ranks at the top in the This bill provides a start on that long- characterized them, sought nuclear country in terms of how we have used term effort. weapons for their defense due to their the new CHIP Program to extend Not yet have I said anything about imagined or justified fears, their per- health care benefits to disadvantaged new weapons or America engaging in a ceived conventional weaknesses, or be- children across our State. I was privi- new course of conduct with respect to cause of their outcast status. Nuclear leged to work with him in my capacity nuclear energy. That is not happening. in the Senate to ensure our State con- weapons did not prevent the Korean Next, the bill says, do not tie the tinued to receive full funding for our war, the Vietnam war, the Arab-Israeli hands of our great scientists with ref- efforts. wars, or the Soviet invasion of Afghan- erence to the future. Let them study, Frank O’Bannon had many other im- istan. let them think, let them design, but do portant contributions in his legacy. Deterrence has many components: not let anyone build any new weapons. Most recently I had a chance to visit nuclear forces, conventional forces, Let them think about the future and the new White River State Park in In- strong alliances, a strong economy, what might be needed in light of the dianapolis and the magnificent Histor- and a strong resolve among them. At changed circumstances in the world. It ical Society Center in Indianapolis this moment in history we need an in- is very prudent to do that. where he hosted, along with our first telligent diplomacy, strengthened alli- In all three regards, there are clear lady, Judy O’Bannon, the other Gov- ances and capable conventional forces cases the Feinstein amendment should ernors from across the country to more than we need more and new types fail. I hope it does so we can proceed showcase the magnificent place that of nuclear weapons. ahead with these things that are nec- Indianapolis has become. The Histor- We have enough nuclear weapons to essary. maintain nuclear deterrence. If any- I yield whatever time the distin- ical Society was a wonderful setting thing, we should be seeking ways to guished Senator from Indiana needs. I for the Governors. We had a chance to further reduce ours and other coun- share my grave concern and condo- display the finest of Hoosier heritage tries’ nuclear arsenals, not add to lences over the death of his esteemed for the entire country. The White River State Park will be a them. Talk to the contrary by pro- Governor. moters of new nuclear weapons mis- I yield the floor. magnificent urban park attracting not represents the strength of our existing only tourists from across the State but f forces and our resolve. We are sending also business and industry as leaders of the wrong message about our military TRIBUTE TO GOVERNOR FRANK finance seek a better quality of life for strength. O’BANNON their employees. His contributions to I urge my colleagues to reject fund- Mr. BAYH. I thank my colleague that effort were substantial, as well. ing for these new nuclear weapon de- from New Mexico, and I thank all I believe Frank O’Bannon was a spe- signs. Members of this body. cial man not for his material accom- I urge my colleagues to vote for Sen- It is with a sense of melancholy but plishments but instead for the kind of ator FEINSTEIN’s amendment. also gratitude that I rise today to cele- man he was. There is an old saying Mr. DOMENICI. Mr. President, if I brate the life of Frank O’Bannon. He that character is destiny. I believe that might have the attention of Senator died as he lived, in service to the peo- is true. Therefore, it is no wonder that REID, it has come to my attention, for ple of the State of Indiana. Frank O’Bannon accomplished so a reason involving an individual Sen- Frank O’Bannon was my friend and much. He was a man of true and out- ator, that it would be more accommo- spent the best years of his life in public standing character, indeed. In all my dating if we started our vote at 2:45. service: 18 years following in the foot- years of association with him I never Does the Senator have any objection to steps of his father in the Indiana State once saw him do something that was that? Senate where he served as the leader of mean or petty. He understood very well Mr. REID. I modify the request that the Democratic Party; 8 years as lieu- that it is far better to be loved than the time between 2:15 and 2:45 be equal- tenant governor where we enjoyed a feared. Even more, I always saw him ly divided between both sides, Senator seamless partnership working on behalf place self-interest behind the public DOMENICI controlling 15 minutes and of the people of our State, always a good, truly remarkable during an age Senator FEINSTEIN controlling 15 min- source of wise counsel, support, and en- of cynicism and skepticism about those utes. couragement; in these last 7 years, in public life. The PRESIDING OFFICER. Without working on behalf of the people as Gov- There is an old proverb that says the objection, it is so ordered. ernor of the State of Indiana. definition of a statesman is someone Mr. DOMENICI. I indicate to the Sen- His accomplishments were many and who plants a tree in whose shade he ate that we will have a few minutes be- will be everlasting in memory. His de- will never rest. Seedlings have been

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.034 S16PT1 S11530 CONGRESSIONAL RECORD — SENATE September 16, 2003 planted across our State that will grow some current inventories of nuclear Wars programs and other ideas that into strong oaks under which future weapons, to be able to do something made it very difficult for our enemy at generations will rest with ease, more they cannot do today; that is, to pene- the time to keep pace. It is one of the secure because of the work and the leg- trate hardened sites to counter the war reasons the world is safer today, be- acy of Governor O’Bannon. He was a on terrorism. cause we were able to adapt. statesman, indeed. The war on terrorism is like every We took our nuclear programs, not to A calling characterized all too fre- other war in many ways. The people we use the weapons, but to prevent those quently by ego and hubris, Frank are fighting have the same hopes and weapons from being used against us. O’Bannon was always humble, gentle, aspirations as the people who fought in We adapted our nuclear force in a way giving credit to others, even when he World War II. In Hitler’s world, if you that eventually won the cold war. deserved the lion’s share. One of his fa- were not of a certain ethnic makeup, I think that same scenario exists vorite pastimes was to go to his cabin you could lose your life. And in Hitler’s today. We should have on the table the in Harrison County in southern Indiana world, there was total obedience to the ability of the great minds in this coun- to commune with nature and watch the state. And the Japanese empire had a try to adapt, if necessary. And there is wildlife and experience Mother Nature. very intolerant view of the people who nothing in this proposal by the admin- That is where Frank and Judy were different and disagreed. istration to build a weapon. It is to O’Bannon were most at home. That The idea that one particular group look at our current inventory and see speaks volumes about his character, as wants to shape the world in a very if it can be adapted to a real threat. well. harsh fashion has been with us as long I admire Senator FEINSTEIN, but I Let me say a word, too, about Judy. as time itself. And in the terrorist think her amendment would do a great She was an exemplary first lady, lead- world, young girls don’t go to school. injustice to the future policymakers ing our State in the celebration of the In their world, there is one way to wor- and the military men and women of the recent millennium, always concerned ship God. It is their way. If you choose future when it comes to fighting the that our history and culture never be to do it some other way, you could lose war on terrorism because this war has lost, always reaching out to those in your life. just started. It is not anywhere near over. The major players are still alive, need. She is generous of spirit. I hope So the basic concepts of the war on but they are trying to get people to fol- her contributions to our State will con- terrorism are very old. But the way we low in their footsteps. So we are going tinue for many, many years to come. fight this war is going to take some adapting. The group that wins the war to be in this war for a long time. Judy O’Bannon has done the people of The question before the Senate and on terrorism will be the group that was our State proud. before the country is, If we knew that So today, my colleagues and Mr. able to adapt the best. Here is what I see coming down the bin Laden, or someone like him, was in President, we mourn, but we can take some mountain fortress in Afghanistan road for the American military, for comfort in the knowledge that our loss or some other country, on the verge, American policymakers. The terrorist has been Heaven’s gain, that the life within that fortress, of developing a organizations that perpetrated 9/11 and and legacy of Frank O’Bannon will not nuclear, chemical, or biological weap- that we are pursuing all over the world end with our grieving or with my few on, what would we do to stop it? inadequate words but will remain ever- today do not have navies and armies, I think we should do everything we lasting in the hearts of Hoosiers every- and they do not have a nuclear force as can to stop it. And the idea of being where as long as we can still recall we faced in the former Soviet Union. able to use a redesigned nuclear weap- what makes our State such a special But they have a desire, unequaled by on to keep a terrorist from hitting us place. anybody, to build a nuclear weapon, to with a nuclear weapon is something I thank my friends and I yield the acquire chemical and biological weap- that we have to come to grips with be- floor. ons. Their desire is great. Their com- cause it is part of the war on terrorism. The PRESIDING OFFICER. The Sen- mitment to use it is unquestioned. So I hope the Senate will reject Sen- ator from South Carolina. Let it be said, without any doubt, if ator FEINSTEIN’s efforts to stop this in- Mr. GRAHAM of South Carolina. Mr. they could get a nuclear weapon, they quiry because this is an inquiry that President, I think a recess is coming; is would use it. If they could get chemical needs to be made sooner rather than that correct? or biological weapons that would hurt later. I think the Bush administration The PRESIDING OFFICER. That is millions of Americans or people who is on the right course and the right correct. believe in freedom, they would use it. path in taking the great minds of our f The only way they are not going to time and letting them adapt our nu- use it is to make sure they don’t get it. ENERGY AND WATER DEVELOP- clear force to the coming threats be- And the best way to make sure they cause the coming threats are not from MENT APPROPRIATIONS ACT, don’t get it is to bring them to justice, 2004—Continued the Soviet bloc countries; they are and to end their ability to finance ter- going to be our allies. The coming Mr. GRAHAM of South Carolina. Mr. rorist activities, to organize, and to threats are from people who hide in President, I ask unanimous consent, project force. faraway places, deep in the bowels of despite the recess, to be able to speak I can foresee in the near future, not the earth, with great hatred in their 3 minutes in opposition to Senator the distant future, that terrorist cells hearts. FEINSTEIN’s amendment. will reorganize. They will use some re- We need to meet that threat. So I ask The PRESIDING OFFICER. Without mote part of the world to form their each Member of the Senate to dig with- objection, it is so ordered. plans, to plot and scheme, and maybe in their heart and to make sure their The Senator from South Carolina is to actually manufacture—some remote vote does not take an option off the recognized. part of the world that is very well table that may well save this country Mr. GRAHAM of South Carolina. Mr. guarded and not subject to conven- from something we never experienced: President, I rise in opposition to Sen- tional attacks, in a part of the world a major nuclear, chemical, or biologi- ator FEINSTEIN’s amendment, certainly where it would be hard to get conven- cal attack. not in opposition to her. She is one of tional forces to neutralize the terrorist Mr. President, I yield the floor. my closest friends in the Senate, and I threat. I see that as a very real possi- f admire her greatly. We just simply dis- bility in the coming decades, in the agree on this particular amendment. coming years, maybe even the coming RECESS Of all the debates we are going to months. The PRESIDING OFFICER. Under have in the coming months, I think The legislation we have before us the previous order, the Senate stands this is one of the most important. The would take off the table our ability to in recess until 2:15 p.m. amendment would prohibit the Depart- adapt our nuclear deterrent force to Thereupon, the Senate, at 12:36 p.m., ment of Defense and the Department of meet that threat. Look how much recessed until 2 p.m. and reassembled Energy from pursuing an advanced con- money we spent during the cold war to when called to order by the Presiding cept and research design to transform neutralize the Soviet threat—the Star Officer (Mr. TALENT).

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.045 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11531 Mr. REID. I suggest the absence of a grants, $200,000, to remain available until ex- huge new $4 billion plutonium pit facil- quorum. pended, of which the amount that can be fi- ity—all of this when we are already The PRESIDING OFFICER. The nanced by the Reclamation Fund shall be de- spending $2.3 billion for a Los Alamos clerk will call the roll. rived from that fund.’’ facility that can provide replacement The assistant legislative clerk pro- Mr. REID. Mr. President, our staff for the U.S. nuclear stockpile. ceeded to call the roll. has worked on these amendments dur- We are strongly opposed to America Mr. REID. Mr. President, I ask unan- ing the last several days. I ask they be beginning a new generation of nuclear imous consent that the order for the agreed to en bloc. weapons. We are opposed to it for two quorum call be rescinded. The PRESIDING OFFICER. Without reasons: No. 1, the low-yield nuclear The PRESIDING OFFICER. Without objection, it is so ordered. weapon—under 5 kilotons—essentially objection, it is so ordered. The amendments (Nos. 1665 through begins to blur the use between conven- f 1668) en bloc were agreed to. tional and nuclear weapons, therefore Mr. REID. I ask that the Senator ENERGY AND WATER DEVELOP- making it easier to use. And, No. 2, be- from California be given an extra cause the world will watch this and the MENT APPROPRIATIONS ACT, minute from the time we just took. 2004—Continued world will respond. The way in which The PRESIDING OFFICER. Without they will respond is with a new nuclear Mr. REID. Mr. President, I expected objection, it is so ordered. arms race. Senator DOMENICI to be in the Cham- The Senator from California. If the United States begins to develop ber. We have a couple of amendments AMENDMENT NO. 1655 tactical, battlefield nuclear weapons, we wanted to clear before the vote Mrs. FEINSTEIN. Mr. President, I how long will it take for two indige- began, but he is not present. So Sen- ask the Chair to let me know when 7 nous nuclear powers, namely India and ator FEINSTEIN should go ahead and minutes have expired so I can defer to Pakistan, arch enemies, to say we start her debate if she cares to. my cosponsor, Senator KENNEDY. should do the same thing. How long The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The will it take for North Korea or Iran or ator from California. Chair will inform the Senator. any other nation that so seeks to begin Mrs. FEINSTEIN. Mr. President, I Mrs. FEINSTEIN. Mr. President, I such a similar program? ask the minority whip how much time also ask unanimous consent that the As many internationally have said: I have. names of Senators JOHNSON, MURRAY, America preaches nonproliferation, Mr. REID. Before I respond, Senator CLINTON, and ROCKEFELLER be added to and then it goes ahead and develops DOMENICI is present and we will be our amendment as cosponsors. new nuclear weapons. happy to extend the time of the Sen- The PRESIDING OFFICER. Without I think that is hypocritical. I do not ator if we need to. objection, it is so ordered. think this country should be in that AMENDMENTS NOS. 1665, 1666, 1667, AND 1668 EN Mrs. FEINSTEIN. Mr. President, yes- position. BLOC terday Senator KENNEDY and I came to So we strike these items; we fence Mr. REID. Senator DOMENICI and I the floor and we spent some time argu- two, we place the rest of the money in have been working on a number of ing on behalf of an amendment to this deficit reduction. issues. I send a series of four amend- bill which contained language similar I want to say a few words about the ments to the desk and ask that they be to what was recently past by a large nuclear pits because I think there is considered en bloc. majority in the House of Representa- some misunderstanding. Although cur- The PRESIDING OFFICER. Without tives. The bill passed by the House of rent production capacity may be lim- objection, it is so ordered. The clerk Representatives struck the language ited, it is simply not true, as some will report. that appropriates funds to begin a new have asserted, that the United States The assistant legislative clerk read generation of nuclear weapons. lacks the capacity to manufacture re- as follows: Now, there are some on the other placement pits. According to the De- The Senator from Nevada [Mr. REID] pro- side who say, and continue to say, this partment of Energy’s own Web site: poses amendments numbered 1665, 1666, 1667, is just a study; there is no develop- The first pit that could be certified for use and 1668 en bloc. ment. I believe that is not the case. Let in the stockpile was manufactured in April Mr. REID. Mr. President, I ask unan- me connect the dots for you. 2003 as a first step to establish an interim— imous consent that the reading of the In January of 2002, the administra- 10 to 20 pits per year—production capability at Los Alamos in 2007. amendments be dispensed with. tion put forward a Nuclear Posture Re- And the Los Alamos facility can be The PRESIDING OFFICER. Without view which advocates the development modified to produce 150 pits a year. objection, it is so ordered. of new types of nuclear weapons. Later Although the exact number is classi- The amendments are as follows: that year, the President signed Na- fied, reputable open sources estimate AMENDMENT NO. 1665 tional Security Directive 17, indicating that there are between 5,000 and 12,000 At the appropriate place insert the fol- that the United States might use nu- extra pits in reserve at Pantex, beyond lowing: clear weapons first to respond to a WORKING CAPITAL FUND the 10,600 current intact warheads. chemical or biological attack. The average age of the plutonium (RESCISSION) Earlier this year, a decade-old prohi- From unobligated balances under this pits in the U.S. stockpile is 19 years, bition on the development of low-yield and the Department of Energy esti- heading $4,525,000 are rescinded. nuclear weapons was rescinded in the AMENDMENT NO. 1666 mates a pit minimum life to be be- Defense authorization bill. For 10 tween 45 and 60 years, with no life-lim- On page 32, line 10 strike ‘‘853,517,000’’ and years, this kind of thing was prohib- insert in lieu thereof ‘‘859,517,000’’. iting factors. ited. That prohibition, known as the This is the beginning. This money AMENDMENT NO. 1667 Spratt-Furse amendment, was repealed will go to field a new generation of nu- At the appropriate place insert the fol- earlier this year. lowing: clear weapons. We should not do this. This spring a statement of adminis- The House had the good sense to elimi- SEC. . That of the funds provided, an addi- tration policy for the Defense author- tional $3,000,000 shall be available for the nate this language. The Senate should Middle Rio Grande, NM project and an addi- ization bill clearly included support for follow. tional $3,000,000 shall be available for the the research and development of low- I yield the floor. Lake Tahoe Regional Wetlands Development yield nuclear weapons. The PRESIDING OFFICER. Who project. In this bill the Senate is being asked seeks recognition? Who yields time? AMENDMENT NO. 1668 to provide the dollars to begin this ef- Mrs. FEINSTEIN. I yield 4 minutes On page 33, at the end of line 12 insert the fort—$15 million for the study of a ro- to the distinguished Senator from Mas- following: bust nuclear earth penetrator. We are sachusetts. ‘‘BUREAU OF RECLAMATION LOAN PROGRAM talking in excess of 100 kilotons; $6 Mr. KENNEDY. How much time re- ACCOUNT million for advanced concepts research, mains? For administrative expenses necessary to including low-yield weapons; funding The PRESIDING OFFICER. Five carry out the program for direct loans and/or for enhanced test site readiness; and a minutes ten seconds.

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.048 S16PT1 S11532 CONGRESSIONAL RECORD — SENATE September 16, 2003 Mr. KENNEDY. And how much on tend to move ahead in the development derstood by everyone that this lan- the other side? of a new nuclear capability. guage which is being stricken does not The PRESIDING OFFICER. They Those with responsibility within the permit the United States of America to have 13 minutes. administration have made it very build any new nuclear weapons—large, Mr. KENNEDY. Four minutes? clear. In February of 2003, Fred Celec, small, medium-sized, or otherwise. The PRESIDING OFFICER. The Sen- Deputy Assistant Secretary of Defense There is no authority in this bill to ator from Massachusetts is recognized. for Nuclear Affairs, said: build new nuclear weapons. Mr. KENNEDY. I am recognized for If a nuclear bomb could be developed to No. 2, this bill says that in Nevada we how long? penetrate rock and concrete and still ex- used to test nuclear weapons for dec- The PRESIDING OFFICER. The Sen- plode, it will ultimately get fielded. ades. Whenever our nuclear laboratory ator from California has yielded 4 min- In April of 2003, Linton Brooks, Chief experts used to certify to our Presi- utes. of Nuclear Weapons at the Department dents that the weapons were in good Mrs. FEINSTEIN. Mr. President, I of Energy, stated before the Senate shape, ready, reliable, available, and am happy to yield the remainder of my Armed Services Committee: safe, they did it principally because we time to the Senator from Massachu- I have a bias in favor of the lowest usable had a testing ground in Nevada, and we setts. yield because . . . I have a bias in favor of tested bombs to know precisely their The PRESIDING OFFICER. The Sen- things that might be usable. efficacy, reliability, et cetera. ator is recognized. We have been warned. We have the When we decided to no longer test, Mr. KENNEDY. Then, would the capability that exists to make sure we we essentially closed down or put that Chair let me know when I have a have the deterrence on into the future. test facility in mothballs. But we knew we must always keep it in case we minute and a half left, please? But this is a radical departure of 40 needed it. We left it there, saying if we First of all, I welcome the oppor- years of Republicans and Democrats ever need it, we can use it in 3 years. tunity to be here with my friend and alike moving us away from the dangers colleague from California in what I All this amendment does—it could be of nuclear confrontations and the dan- a totally freestanding amendment, if consider to be one of the most impor- gers of nuclear proliferation to the de- tant votes that we will have this year. one wanted, but it is part of the velopment of small nuclear weapons. amendment that the Senator from It is an issue involving our security. It And we will find this an invitation for is an issue, I believe, also, in the battle California strikes—is say let us up- the terrorists around the world to grade that Nevada Test Site so if we on terrorism. come and seek out that weapon. If we need it, we can use it in 11⁄2 years. It was just 40 years September 24, 40 develop a small nuclear weapon, what years ago on September 24, that we had There are few American nuclear ex- are we going to find? The cor- 1 the signing of the first partial test ban perts who do not think 1 ⁄2 years is the responding action by countries around 1 treaty. correct amount—not 3 but 1 ⁄2. That the world—the Iranians and the North has nothing to do with us setting about This chart reflects in a very abbre- Koreans continuing their progress in viated way, but an enormously impor- to build a brand new small nuclear developing their own nuclear weapons weapon. It has nothing to do with us tant way what has happened over the system. last 40 years as leaders of the Demo- building a stockpile of new weapons. It That doesn’t make sense in terms of has to do with just what I explained crats and Republicans alike moved us the country that is the number one away from the real possibility of nu- and nothing else. military force in the world today. It Third, regardless of what has gone on clear confrontation, and we have seen doesn’t make sense, and it doesn’t in Los Alamos for the last 7 years in an enormous success. We have seen the make sense for our battle against the effort to produce for America pluto- willingness of countries around the war on terrorism. nium pits—the ingredient for a nuclear world to give up their capability of de- It is very clear why this amendment weapon that must be there or you don’t veloping nuclear weapons because they is needed. The administration pretends have a nuclear weapon—we have no wanted to be a part of the worldwide it is not really planning to produce American manufacturing center for the effort on nuclear proliferation. They these new kinds of nuclear weapons— production of pits. The Los Alamos fa- also recognized it would be a more se- the mini-nukes and the bunker busters. cility has been a facility that we just cure world if we didn’t have further nu- They just want to find out if they are pushed. We pushed it and pushed it, clear expansion. feasible. and finally it has almost produced a We listened to the debate yesterday We all know what is at stake. The ad- pit. But it has not produced a certifi- and the points that were well-made by ministration wants us to take the first able pit yet in 7 years of effort. It has my very good friend from New Mexico steps down a new path. But going down produced a pit or two, but they are not about how this legislation is really not that path could easily make nuclear certifiable, which means they are not about developing a new nuclear weap- war more likely. Just a little step— complete. on. But the Senator from California they say. But it is still a first step. And All this bill says is the time has pointed out three different references, a step down that path now could make come to build a plant to manufacture all which have been included as a part the next step easier, and the next and pits for the next 40 years—not for a of the RECORD. The most obvious is the the next. It is a path that makes nu- new weapons system but so we can administration’s own statement of ad- clear war more likely, and the time to have them in storage for the next 40 ministration policy this past spring call a halt is now—before we take the years. We are the only nuclear weapons asking for the continued need for first step. power without spare pits for nuclear ‘‘flexibility in the cooperative threat We ask for and implore the support of weapons. Yes, the only one. Why would reduction program and support for crit- our colleagues to move us away from we say we should not do that? The only ical research and the development’’—I the real dangers of nuclear prolifera- reason we would do it is if we believed will say this again—‘‘and the develop- tion and the development of these dan- what the Senator from California al- ment for low-yield nuclear weapons.’’ gerous mini-nukes that can pose a dan- leges; that is, we are doing it because That is what this issue is about. ger to the world population. we are going to build a new set of nu- Are we going to reverse the last 40 I withhold whatever time is left. clear weapons. years? Do we possibly think there will Mrs. FEINSTEIN. Mr. President, be- If we were authorizing a series or a be a safer America if we begin to move fore the chairman of the committee set of new nuclear weapons, this back towards the testing and the devel- speaks, I ask unanimous consent that amendment would be the biggest oping of what they call mini-nukes? Senator STABENOW be listed as a co- amendment in the country. It would I don’t believe so, because I believe a sponsor. have been written about, talked about, nuke is a nuke is a nuke. It is an en- The PRESIDING OFFICER. Without harked about, and we would have been tirely different weapons system than objection, it is so ordered. all over and upside down and inside those in our conventional forces. We The Senator from New Mexico. out. But there is nothing in the bill understand that. We have to take what Mr. DOMENICI. Mr. President, fellow that produces a single new nuclear the administration has stated: they in- Senators, first of all, it should be un- weapon.

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.054 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11533 That comes to the final part. It is The Senator from Nevada [Mr. REID], for Mr. DOMENICI. I yield my remaining very simple, if you will just listen and Mr. DOMENICI, proposes amendments Nos. time. I move to table the amendment, know what we are trying to do. 1676, 1677, and 1678, en bloc. and I ask for the yeas and nays. Those who manage our nuclear, those Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. All time who are our nuclear experts, who use imous consent that the reading of the having expired, is there a sufficient their minds to dream up ideas about amendments be dispensed with. second? where we are going to be, what trou- The PRESIDING OFFICER. Without There is a sufficient second. bles we might have in the future, and objection, it is so ordered. The question is on agreeing to the what new might occur in the world The amendments are as follows: motion. The clerk will call the roll. that might require changes, are the AMENDMENT NO. 1676 The assistant legislative clerk called men and women of great talent. This At the appropriate place, insert the fol- the roll. bill does what the executive branch and lowing: Mr. MCCONNELL, I announce that the experts on nuclear management SEC. . LOWER COLORADO RIVER BASIN DEVEL- the Senator from Illinois (Mr. FITZ- say: Let those people think, let those OPMENT. GERALD) is necessarily absent. people design, let those people postu- (a) IN GENERAL.—Notwithstanding section I further announce that the Senator late, and don’t put blinders on their 403(f) of the Colorado River Basin Project from Oregon (Mr. SMITH) is absent be- brains and say you can’t even think Act (43 U.S.C. 1543(f)), no amount from the cause of a death in the family. about these things because it might Lower Colorado River Basin Development Mr. REID of North Carolina. I an- Fund shall be paid to the general fund of the nounce that the Senator from North someday yield an idea that might Treasury until each provision of the revised cause us to do something different with Stipulation Regarding a Stay and for Ulti- Carolina (Mr. EDWARDS), the Senator a nuclear weapon. mate Judgment Upon the Satisfaction of from Florida (Mr. GRAHAM), the Sen- Frankly, I believe the men and Conditions, filed in United States district ator from Massachusetts (Mr. KERRY) women who already put that fantastic court on April 24, 2003, in Central Arizona the Senator from Connecticut (Mr. brainpower to work in this area de- Water Conservation District v. United States LIEBERMAN) are necessarily absent. serve to have their brains used, not (No. CIV 95–625–TUC–WDB (EHC), No. CIV 95– I further announce that, if present tied in knots by rules about what you 1720–OHX–EHC (Consolidated Action)), and and voting, the Senator from Massa- any amendment or revision thereof, is met. cannot think about and what you can- chusetts (Mr. KERRY) would vote (b) PAYMENT TO GENERAL FUND.—If any of not plan for. the provisions of the stipulation referred to ‘‘nay.’’ The third part, this amendment says in subsection (a) are not met by the date The PRESIDING OFFICER (Mr. you cannot plan, think about, design that is 10 years after the date of enactment CRAPO). Are there any other Senators for the future, even when you know of this Act, payments to the general fund of in the Chamber desiring to vote? you cannot build them, which is what the Treasury shall resume in accordance The result was announced—yeas 53, the rule is going to be. with section 403(f) of the Colorado River nays 41, as follows: We have argued this about as long as Basin Project Act (43 U.S.C. 1534(f)). [Rollcall Vote No. 349 Leg.] (c) AUTHORIZATION.—Amounts in the Lower we can. I have argued it about as hard YEAS—53 Colorado River Basin Development Fund as I can. I am getting close to being Alexander Dole Miller tired of arguing this, but it is so impor- that but for this section would be returned to the general fund of the Treasury may not Allard Domenici Murkowski Allen Ensign tant we not make a mistake. It would be expended until further Act of Congress. Nelson (FL) be a tragic mistake to vote for the Bayh Enzi Nelson (NE) AMENDMENT NO. 1677 Bennett Frist Nickles Feinstein amendment. There is nothing Bond Graham (SC) we are doing that the Feinstein amend- (Purpose: To set aside additional funds for Roberts the Mni Wiconi project, South Dakota) Brownback Grassley Santorum ment should stop. If, in fact, we were Bunning Gregg Sessions On page 33, line 12, before the period at the Burns Hagel going to build nuclear weapons, you Shelby Campbell Hatch end, insert the following: ‘‘: Provided further, Snowe ought to be concerned and perhaps vote Chambliss Hollings That of the funds provided under this head- Specter with her, if she is saying do not do it. Cochran Hutchison ing, an additional $5,000,000 may be available Stevens But we do not plan to. It is not in here. for the Mni Wiconi project, South Dakota’’. Coleman Inhofe Collins Kyl Sununu And she cannot stop it because we are AMENDMENT NO. 1678 Cornyn Lott Talent not going to do it. In that regard, the (Purpose: To set aside funds for certain Craig Lugar Thomas Voinovich amendment is useless. projects and activities at the Alabama- Crapo McCain DeWine McConnell Warner But it is not useless when it comes to Coosa River, Alabama) the three things that it does: It will On page 15, line 16, after the colon, insert NAYS—41 stop us from planning the manufac- the following: ‘‘Provided further, That the Akaka Dayton Leahy turing plant of the future for pits. It Secretary of the Army, acting through the Baucus Dodd Levin will do that. And we should not do Chief of Engineers, may use not less than Biden Dorgan Lincoln that. Second, it will stop the money $5,461,000 of the funds made available under Bingaman Durbin Mikulski Boxer Feingold Murray and the planning and the work to bring this heading for the Alabama-Coosa River, Breaux Feinstein Alabama (including for routine operations Pryor the Nevada Test Site up to par and Byrd Harkin Reed and maintenance work at Swift Creek Park), ready for a new test in 18 months rath- Cantwell Inouye Reid Carper Jeffords of which not less than $2,500,000 may be used Rockefeller er than 3 years. It will do that. And Chafee Johnson for annual maintenance dredging of naviga- Sarbanes third, it will put blinders on the sci- Clinton Kennedy tional channels of the Alabama-Coosa Schumer Conrad Kohl entists with reference to them being River:’’. Stabenow able to speak about the future and fu- Corzine Landrieu Mr. REID. These have been cleared Daschle Lautenberg Wyden ture needs, which change. by Senator DOMENICI, this Senator, and How much time remains? NOT VOTING—6 our respective staffs. The PRESIDING OFFICER. The Sen- Edwards Graham (FL) Lieberman ator from New Mexico has 4 minutes The PRESIDING OFFICER. The Fitzgerald Kerry Smith remaining. The Senator from Cali- question is on agreeing to the amend- The motion was agreed to. fornia has 9 seconds. ments en bloc. Mr. DOMENICI. Mr. President, I Mr. DOMENICI. I reserve my time. The amendments (Nos. 1676, 1677, and move to reconsider the vote. AMENDMENTS NOS. 1676, 1677, 1678, EN BLOC 1678) were agreed to. Mr. LOTT. I move to lay that motion Mr. REID. Mr. President, I send three Mr. DOMENICI. I move to reconsider on the table. amendments of Senator DOMENICI to the vote. The motion to lay on the table was the desk. They have been reviewed. I Mr. REID. I move to lay that motion agreed to. ask they be considered en bloc. on the table. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The The motion to lay on the table was ator from New Mexico. clerk will report the amendments, en agreed to. Mr. DOMENICI. Mr. President, Sen- bloc. VOTE ON AMENDMENT NO. 1655 ator JACK REED has an amendment The assistant legislative clerk read Mrs. FEINSTEIN. I yield the remain- that is acceptable, if he is ready. Is the as follows: ing time. Senator ready?

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.056 S16PT1 S11534 CONGRESSIONAL RECORD — SENATE September 16, 2003 Mr. REED. I have my amendment. Mr. NELSON of Florida. Will the vote. This and so many other examples Mr. DOMENICI. I yield the floor. Senator yield for a question? suggest that the administration has The PRESIDING OFFICER. The Sen- Mr. REED. I would be happy to yield not effectively read the lessons of his- ator from Rhode Island. for a question to my cosponsor, Sen- tory. I believe they have the mistaken Mr. REED. Mr. President, I send ator NELSON. view that arms control will never work amendment No. 1659 to the desk. Mr. NELSON of Florida. I appreciate rather than trying to make it work, The PRESIDING OFFICER. The the Senator offering this amendment understanding it is not perfect but it is clerk will report. and I just want to underscore with a essential to our national security The legislative clerk read as follows: question that the Senator’s amend- strategy. The Senator from Rhode Island [Mr. REED], ment will allow the research to go on My colleague and friend John Spratt for himself, Mr. LEVIN, Mr. KENNEDY, Mrs. as we intended in the Defense author- stated it very well in an article in the FEINSTEIN, and Mr. NELSON of Florida, pro- poses an amendment numbered 1569. ization bill but would not allow the de- March 2003 edition of Arms Control Mr. REED. Mr. President, I ask unan- velopment and the engineering where Today. In his words: imous consent that the reading of the these weapons would be actually de- My greatest concern is that some in the amendment be dispensed with. signed until such time as the executive administration and in the Congress seem to branch would come back to the Con- think that the United States can move the The PRESIDING OFFICER. Without world in one direction while Washington objection, it is so ordered. gress to get approval to do that. Is that correct? moves in another, that we can continue to The amendment is as follows: prevail on other countries not to develop nu- (Purpose: To prohibit the use of fund for cer- Mr. REED. That is absolutely cor- clear weapons while we develop new tactical tain activities relating to advanced nu- rect. It reflects the value of the con- applications for such weapons and possibly clear weapons concepts, including the ro- tribution the Senator from Florida resume nuclear testing. bust nuclear earth penetrator) made in the Defense authorization de- Congressman SPRATT was very clear. At the end of title III, add the following: bate. In life, one really cannot have it both SEC. 313. No funds appropriated or other- Mr. NELSON of Florida. I thank the wise made available to the Department of ways. I think this is an example of Senator. that. At one time, you cannot be trying Energy by this Act may be available for ac- Mr. REED. There are some who have tivities at the engineering development to persuade, convince, and cajole other phases, phase 3 or 6.3, or beyond, in support criticized any attempts at arms control nations to abandon the development of of advanced nuclear weapons concepts, in- as futile, as failures. That, I think, is a nuclear weapons while you are bla- cluding the robust nuclear earth penetrator. dangerous idea. I hope arms controls tantly going ahead and developing Mr. REED. Mr. President, I ask unan- work because history seems to show them yourself. The approach of the ad- imous consent that Senator NELSON of that, without controlling arms, eventu- ministration has been to attempt to Florida be added as a cosponsor. ally they wind up being used, and when get it both ways. It will be doomed to The PRESIDING OFFICER. Without it comes to the issue of nuclear weap- failure. objection, it is so ordered. ons, that is a great nightmare that has I would argue that rather than de- Mr. REED. Mr. President, I am dis- haunted all mankind since 1945. claring the arms control movement appointed the Feinstein-Kennedy Since that date, we have been suc- dead, we have to give it renewed life. amendment did not pass because I be- cessful in containing the use of nuclear Indeed, we can point to successes in the lieve that amendment really responded weapons. It is because we took prudent past that should give us some comfort to the issues of the moment. We are in steps to try to control the proliferation to know that if we work hard, if we a dangerous time because we see of nuclear weapons, the development of work in a disciplined and dedicated around the globe where there are na- nuclear weapons. And at this juncture way, we can use arms control to en- tions aspiring to become nuclear pow- in history, to stand up and say arms hance our security—not exclusively de- ers, where proliferation is one of the control does not work not only pend, certainly, on arms control, but it most dangerous threats this Nation misreads history but misses the point has to be an important part of our rep- faces, particularly proliferation that entirely. We have to make it work. In- ertoire. would provide fissile material to ter- deed, arms control has provided us at In the early 1960s, when there were a rorists, which is the great fear of all of least some respite, some bit of breath- few nuclear powers—the United States, us. ing space, from the horrors of Hiro- Soviet Union, Britain, France, and In order to resist the growth of nu- shima. That in itself is a success. China—there was a fear that within a clear powers around the globe, we have Today, particularly when we look at decade or more, as President Kennedy to be faithful to our commitment to North Korea, I think we had all better expressed it, there would be at least 25 arms control and our sense that further hope fervently that arms control can countries that developed nuclear weap- development of nuclear weapons—and, work because without some type of ons. What was feared did not come to I would argue, weapons without mili- arms control there, we will be in an ex- pass because of effective, meaningful tary requirements—is really not so traordinarily precarious situation. arms control exemplified in many re- much an exercise in protecting the If we look at the situation in Iran, spects by the nonproliferation treaty United States but it is an exercise that where the international arms control and other initiatives. will lead us down a path that could see agency is trying to work with the Ira- Deputy Secretary of State Richard our country exposed to even more dan- nians, trying to get them to cooperate Armitage has cited this record, indi- gers. So I am very much concerned with the world community, that is an cating his support for continued efforts that the Feinstein-Kennedy amend- example of arms control in action. I at arms control. In his words: ment failed. hope—and I am sure I speak for every- [I]nstead of the 25 or so countries that Therefore, I am proposing an amend- one else—that that effort succeeds. President Kennedy once predicted, only a ment that I hope will essentially put Time and again, when we have had handful of nations possess nuclear weapons. restraints upon the use of these dollars serious situations, we have been able to Of course we suspect many more countries in the development of nuclear weapons, use the norms established by inter- have chemical or biological weapons, but and I will explain it in more detail national arms control agreements as still short of the scores that had been pre- later. It would constrain the expendi- leverage in a particular crisis. Arms dicted in the past. We have reached this ture of funds to the the research phase. control is not perfect, but without it state of affairs in no small part through the concerted effort of many nations. Agree- It would preclude monies to be used to we would be in a much more dangerous ments, such as the nuclear nonproliferation engineer a weapon, to test a weapon, and much more devastating world envi- treaty and the Chemical Weapons Conven- and to deploy a weapon. It is language ronment. tion, organizations such as the IAEA and the that is consistent with the language in- This administration, however, has ef- Nuclear Suppliers Group—these constitute a cluded in the Defense Authorization fectively turned its back on so many global security architecture that has served Act which we passed several months different initiatives: The repeal of the us satisfactorily and kept us safe. ago. ABM Treaty, the failure to follow up But critics of arms control fail to ac- We are at a difficult moment in our the Comprehensive Test-Ban Treaty by knowledge that Argentina and Brazil history, as I mentioned. sending it again to the Senate for a and South Korea and Taiwan ceased

VerDate jul 14 2003 01:27 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.059 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11535 their suspected nuclear programs in Following up to this memo, the Administration, stated before the part because of the international President’s budget for fiscal year 2004 Armed Services Committee: norms represented by the nonprolifera- included $24 million to reduce the time I have a bias in favor of something that is tion treaty. Without these norms and needed to prepare to conduct a nuclear the minimum destruction. . . .that means I without the United States exem- weapons test from 2–3 years at present have a bias in favor of things that might be plifying these norms, I don’t think we to 18 months—once again, a very sober- usable. would have the success we have had in ing and ominous suggestion that we Here we have it. A history of 5 dec- these cases that I have cited. would begin to test nuclear weapons ades of trying to create a nuclear pol- Similarly, when the Soviet Union again; that we would abandon our ef- icy that dissuades the world from using dissolved and the Newly Independent forts to assure the quality of our stock- nuclear weapons and we are trying to States of Belarus, Kazakhstan, and pile through nontesting means and develop small nuclear weapons, which Ukraine found themselves with nuclear that we would conduct tests. the scientists at this time say—the lab weapons, they voluntarily turned them If the United States of America be- leaders say—are designed to be used. in as a result of the norms established gins again to conduct nuclear tests, I We have crossed a huge space between by the international arms control re- think that would be an open invitation our policy of 5 decades and this newly gimes. South Africa has also given up to other countries, such as India and emerging policy. We have moved from their nuclear weapons. Pakistan, and perhaps powers being the leader in arms control to This is an example, not of perfect undeclared as yet, to begin a nuclear being someone who treats arms control success but of success. If we begin to testing program. It certainly would be casually, if not flippantly. The irony, abide by our commitment to the non- good cover internationally. of course, is we stand to suffer the proliferation treaty, to our commit- The President’s budget in 2004 also most. I hope we could reverse this ments to reducing nuclear weapons went on to request $22.8 million to ac- trend. rather than building new ones, we celerate the design and select a site for I had hoped very much that the Fein- might be able to provide more leverage a new modern pit facility. stein-Kennedy amendment would be on countries such as India and Paki- Plutonium pits are necessary compo- agreed to because I think that would stan so that they would join the non- nents of nuclear weapons. We have not have sent a strong signal and be a prac- proliferation treaty and the Com- had the ability to build such pits since tical and pragmatic step. But now we prehensive Test-Ban Treaty. That is 1988. We do need a pit facility. But the have the opportunity to constrain the the kind of leadership we need at the proposal of the administration goes far funds that are being expended for those moment. I hope we can get it. beyond any conceivable needs, given preliminary research aspects of nuclear As I mentioned before, we also are the current situation. They want to weapons development. As my col- facing very serious problems with create a facility that is capable of pro- league, Senator NELSON, said, it will North Korea and Iran. I hope they can ducing up to 500 pits per year. That give Congress a chance to decide, after be resolved peacefully. But that peace- would be 500 nuclear weapons per year. more information, more debate, and ful resolution implies extending arms That is a rate that rivals anything in more justification, whether it is in our control agreements to these countries. the cold war, and according to the ad- national interest to proceed with the So disparaging arms control is doing a ministration, the cold war is over—ex- development, engineering, and deploy- great disservice to our national secu- cept, I guess, when it comes to nuclear ment of a new class of nuclear weap- rity and to our strategy. policy or at least nuclear design and ons. The Bush administration has seemed production policy. The amendment I offer today will bound since their first days in office to Then in addition to this develop- allow the Department of Energy to use reverse 50 years of arms control activi- ment, the administration has been vig- $22 million in funding that the Presi- ties, both by Republican and Demo- orously pressing for the design of a ro- dent requested for advanced nuclear cratic administrations. In December bust nuclear earth-penetrator to be weapons concepts for research alone. 2001, they published their Nuclear Pos- used against hard and deeply buried The amendment would not allow ture Review. targets. The RNEP would be a modi- money to be used for developing, test- This review was troubling in many fication of an existing nuclear device, ing, or deploying new nuclear weapons, respects. For the first time in history, necessarily a very large nuclear device. or RNEP, which is a modification of an this review suggested that we would It has been deemed a bunker buster. existing weapon. use weapons, nuclear weapons, not sim- But, frankly, the kilotonnage or the This amendment would assure that ply to deter another nuclear power but tonnage of this RNEP is so large it the appropriations bill is consistent to engage a nonnuclear power. The re- would be a city buster, not a bunker with the language that is included in port essentially said that we would buster. The kilotons of the weapons the fiscal year 2004 Defense authoriza- consider for the first time and be pre- dropped on Hiroshima and Nagasaki tion bill. During that debate, an pared to use nuclear weapons against were 14 and 21 kilotons, respectively, amendment that would require the De- nonnuclear nations that were non- and this RNEP could be 71 times larger partment of Energy to seek specific au- aligned with a nuclear power—a tre- than the bomb dropped on Hiroshima. thorization and appropriations before mendous reversal in our strategic out- That is not a bunker buster. That is proceeding with phases beyond re- look, blurring the distinction between not a discrete weapon that could take search passed this body by a vote of 96 conventional weapons and nuclear the place of precision conventional to 0. The Senate has clearly spoken on weapons, a distinction that since Hiro- weapons. Yet the administration is this issue. The amendment I offer shima we on both sides of the aisle pressing forward. today will ensure that the Department have endeavored mightily to maintain Then this year the administration re- of Energy will comply with the wishes crystal clear. This blurring, this sug- quested the repeal of the 1993 statutory of Congress by returning to the Con- gestion that we would use nuclear ban on the research, development, and gress before beginning development, weapons in a first strike against non- production of low-yield nuclear weap- testing, production, and deployment of nuclear powers, set the tone for other ons and $6 million for funding for ad- a new nuclear weapon or the RNEP. administration pronouncements. vanced nuclear weapons concepts. I believe we should retain the prohi- Last November, a memo from then- Current law prohibits work, design, bition on any research or development Under Secretary of Defense for Acquisi- research with respect to weapons below of low-yield nuclear weapons. But if tion, Technology and Logistics, Pete 5 kilotons. The administration seeks to that must change—if we must elimi- Aldridge, became public. The memo di- repeal this ban—strike it out—even nate the threat-first amendment—I be- rected nuclear weapons laboratories to: though there is no military require- lieve the research is all that is nec- essary at this time and that there . . . assess the technical risks associated ment for these small sized nuclear with maintaining the U.S. arsenal without weapons. should be a full and complete debate on nuclear testing . . . [and suggested the] U.S. When asked about this proposal, Am- any development funding for a system take another look at conducting small nu- bassador Linton Brooks, the Acting Di- of nuclear weapons or the RNEP based clear tests. rector of the National Nuclear Security upon research first.

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.062 S16PT1 S11536 CONGRESSIONAL RECORD — SENATE September 16, 2003 The primary reason that the admin- clear what that current policy is. For of arms usage. With nuclear weapons, istration says it needs this money for that reason, we will accept it whenever that is a thought that no one wants to advanced nuclear concepts is to, in it is ready to be accepted by the Sen- contemplate. their terms, ‘‘train the next generation ate. I yield the floor. of nuclear weapons scientists and engi- Mr. REED. Mr. President, reclaiming The PRESIDING OFFICER. The Sen- neers.’’ my time, I thank the chairman for his ator from Michigan. Ambassador Brooks, Director of the kindness in accepting the amendment. Mr. LEVIN. Mr. President, I com- National Nuclear Security Administra- The policy is included in the Defense mend my friend from Rhode Island for tion, stated that research must be authorization bill. But there is a de- his leadership in this area. It is criti- funded to ‘‘remove the chilling effect bate ongoing about what the precise cally important that we show some on scientific inquiry that could hamper policy is. We want to at least set this constraint—at least in funding of new our ability to maintain and exercise limit with respect to the policy. nuclear weapons and modifications of our intellectual capabilities to respond The chairman suggesting that it will existing nuclear weapons in order to to needs that one day might be articu- be accepted will prompt me to quickly make them more usable. lated by the President.’’ conclude my comments. Appropriating funds, as this bill does, In July, Energy Secretary Abraham I note that my colleague from Michi- for research on a new nuclear weapon said: ‘‘We are not planning any nuclear gan is here also seeking recognition. and research on a modification of exist- weapons at all.’’ If research is the rea- We brought this measure to the De- ing weapons in order to make them son, if research is the justification, if fense authorization debate. As was in- more useful moves us in a dangerous we are planning no nuclear weapons, dicated in my discussion with Chair- new direction which marks a major then this amendment provides the man DOMENICI, the Senate passed this shift in American policy. It is incon- funding and the authority for the re- provision overwhelmingly. This is now sistent with our longstanding commit- search. included in this appropriations bill. It ment under the Nuclear Non-Prolifera- This amendment is very clear about is going to be an interesting conference tion Treaty to end the nuclear arms what is allowed. There are very dis- because our colleagues in the House race. It undermines our argument to tinct phases in the development of nu- have stricken the money; that is the other countries around the world that clear weapons. Since 1953, the Depart- preference that I would suggest is the they should not develop or test nuclear ment of Defense and the Department of best approach. But short of that, this weapons. Unfortunately, the bill before Energy have worked in a very formal- at least constrains the spending of the us supports this dangerous new direc- ized weapons development process. In- funds to the first three phases of re- tion by putting funds into research of deed, the Atomic Energy Commission search, which apparently, at least in both the new weapon and modification was one of the predecessors of the ef- my view, directly responds to the pro- of existing weapons to make them fort. And the Atomic Energy Commis- fessed need for the funds, and it will more usable. sion was also involved in the formula- also again support the statement of the At least the pending amendment of tion of the process. Secretary of Energy that there is no the Senator from Rhode Island puts an My amendment would prohibit ‘‘de- plan to develop nuclear weapons. explicit constraint on the expenditure velopment engineering,’’ which is the In a letter to the Armed Services of that money. Why it is so important third phase. This is for new weapons Committee, Admiral Ellis, the Com- this language be included is that it development. mander of the Strategic Command, makes explicit, before we can move to All of these phases would be author- which command is responsible for all the developmental stage of these new ized, and the funds could be expended nuclear weapons, stated that: weapons, there must be an explicit con- for concept definition, feasibility U.S. Strategic Command is interested in gressional vote. It cannot happen—this study, design definition, and cost conducting rigorous studies of all new tech- next stage, which we hope will never study. But you could not go into phase nologies examining the merits of precision, come—if the Reed language is adopted 3, development definition. It is clear increased penetration, and reduced yields for and maintained in conference, and if and precise—allowing the research and our nuclear weapons. we were able to maintain similar lan- allowing all that is necessary, accord- Once again, this proposal corresponds guage in conference in the authoriza- ing to both the rationale to train our to the request from our military lead- tion bill that development of these new scientists and also the affirmation by ers in what they are looking for today. weapons and modified weapons, to the Secretary of Energy that we were I hope that not only this amendment make them more usable, could not hap- not planning to develop new nuclear will be incorporated into this pending pen without an explicit action on the weapons. appropriations bill but that in con- part of Congress. Mr. DOMENICI. Mr. President, I won- ference we at least maintain this. That is not the current policy that der if the Senator will yield. I again urge my colleagues to think there be an explicit authorization. It is Mr. REED. I am happy to yield. hard again about the Kennedy-Fein- not inconsistent with current policy Mr. DOMENICI. Did the Senator con- stein proposal and the proposal that is that there be an explicit authorization clude amendment No. 1659 regarding already included in the House provi- before we approve development, but it the Energy Department’s research on sions. But today is an opportunity at is not the existing policy. nuclear weapons? least to slow down a rush to develop It is critically important that at Mr. REED. I did not. In the next few nuclear weapons which have no, or least if we cannot stop this country minutes I will complete my comments very limited, military requirements, from moving in a direction which is so on the amendment. and it would give us an opportunity as totally inconsistent with what we are Mr. DOMENICI. I wonder if the Sen- a Congress to debate the wisdom of our urging the rest of the world to do, at a ator might offer that amendment so I course of action. minimum, we go as far as we can in ex- could give him my concurrence. Let me conclude by saying we have pressing the determination of at least Mr. REED. The amendment has been changed course dramatically. After 50 many of us that we move not at all, if offered. I think Senator LEVIN wants to years of being the leading nation in the possible, before we move that there be speak. But the Senator’s concurrence world arguing for arms control, argu- a formal vote on the part of Congress. will be invited as soon as I conclude. ing for sensible constraints in the de- I do not understand how we can argue Mr. DOMENICI. Mr. President, on velopment of nuclear weapons and lim- to other countries, with our heads this side of the aisle, we accept the its on nuclear weapons, we have be- high, that they should not move in a Reed-Levin-Kennedy-Feinstein amend- come a nation that is casual about our nuclear direction at the same time we ment because it is current policy. It commitment to arms control, that are doing research on new nuclear just repeats current policy denigrates it too often, and that course weapons. We are telling others, do not unequivocably. This is what the policy has left us with the only other option go down that road. But instead of being of the country is. We did not change which is I think less appropriate. As I a leader in the effort to prevent the that in our bill. The Senator is most said initially, if there are no arms con- proliferation of nuclear weapons, we welcome to try to make it eminently trol, then there is a higher probability are going to move recklessly down that

VerDate jul 14 2003 02:01 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.064 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11537 same road. We are following a policy bomb. Without a requirement that the America to rely less on nuclear weapons for that we do not tolerate in others. earth penetrator weapon be authorized its future security, not more. In their deter- The adoption of the Reed amendment by Congress, there is no legal impedi- mination to leave no weapons avenue unex- would at least put some brake on the plored, his advisors are proposing to lead ment to its development, testing, pro- America along a dangerous path. Time the speed at which we are going down that duction, or deployment. president called a halt. road, and hopefully, before develop- At a time when the United States is On July 17 of this year the New York ment is reached, before taking the next trying to dissuade other countries from Times also commented on the incon- milestone on that road. going forward with nuclear weapons de- sistency between urging others to fore- Appropriating funds for research in velopment, when we strongly oppose go nuclear weapons development at a new nuclear weapons begins to take North Korea’s pulling out of the Nu- time when the United States is begin- the United States in a dangerous new clear Nonproliferation Treaty, when we ning to put in place all the elements of direction that marks a major shift in are trying to prevent Iran from estab- a new nuclear weapons program. Par- American policy, is inconsistent with lishing a nuclear weapons program and ticularly a program whose goal appears our longstanding commitment under when we are spending over a billion to be to produce nuclear weapons that the Nuclear Nonproliferation Treaty to dollars to prevent the spread of nuclear ‘‘might be usable.’’ end the nuclear arms race, and under- weapons material and technology, The July 17 editorial cautioned: mines our argument to other countries these actions would send a terrible Nuclear bombs should not be casually re- around the world that they should not message. We are telling others not to engineered for ordinary battlefield use at a develop or test nuclear weapons. Unfor- go down the road to nuclear weapons. time when countries like North Korea, Paki- tunately the bill now on the Senate But instead of being a leader in the ef- stan and India have added nuclear weapons floor would also support this dangerous fort to prevent the proliferation of nu- to their arsenals and a chief objective of U.S. new direction. But the pending amend- clear weapons, we are recklessly driv- policy is to make sure these weapons are ment puts an explicit constraint on it. ing down that same road. In short, the never used. Current U.S. law bans research and United States is following a policy that I urge the Bush administration to development of new nuclear weapons we do not tolerate in others. continue to work to persuade both that could lead to their production. President Bush on June 18 stated North Korea and Iran to disavow nu- The specific weapons covered by the that the United States will not tol- clear weapons programs. Arms control ban are so called low-yield nuclear erate a nuclear Iran. Similarly in May still has a vital role to play. As Deputy weapons which have a nuclear explo- President Bush, in a joint statement Secretary of State Armitage said, in sive yield of 5 kilotons or less. Five with the President of South Korea, said defense of the Nonproliferation Treaty, kilotons is roughly a third the size of he would not tolerate a North Korean ‘‘Agreements such as the Nonprolifera- the nuclear bomb that was used at Hir- nuclear weapon. tion Treaty and the Chemical Weapons oshima, which immediately killed an The leaked version of the Nuclear Convention, organizations such as the estimated 140,000 people and left many Posture Review identifies both North IAEA and the Nuclear Suppliers more injured. Korea and Iran as countries against Group—these constitute a global secu- The Bush administration asked that which the United States should be pre- rity architecture that has served us this ban be repealed. If the ban is re- pared to use nuclear weapons. Clearly satisfactorily and kept us sage.’’ pealed, the purpose is to make nuclear North Korea is the focus of the concern As Rose Gottemoeller, a former As- weapons more usable. As stated by about hard and deeply buried targets sistant Secretary of Energy said: Linton Brooks, the Administrator of and the desire to pursue the develop- Other countries watch us like a hawk. the National Nuclear Security Admin- ment of an RNEP. They are very attentive to what we do in the nuclear arena. This is going to be considered istration in testimony before the Sub- At the same time that the United committee on Strategic Forces of the another step in the tectonic shift. I think States is actively engaging in talks people abroad will interpret this as part of a Senate Armed Services Committee on with North Korea to persuade them to really enthusiastic effort by the Bush admin- April 8, 2003, ‘‘I have a bias in favor of give up their nuclear weapons program istration to renuclearize. And I think defi- the lowest usable yield because I have and urging the IAEA to ensure that nitely there’s going to be an impetus to the the bias in favor of something that is Iran does not pursue a nuclear weapons development of nuclear weapons around the the minimum destruction . . . I have a program, we are beginning the process world. bias in favor of things that might be to develop new nuclear weapons. The Let us slow down and think about the usable.’’ Bush administration is taking action road on which we are about to travel. The language approved by a majority to ensure that there is a robust com- Senator REED, Senator KENNEDY, and of the Armed Services Committee and plex to build new nuclear weapons and I offer an amendment today to once included in the Senate passed version an accelerated test readiness program again preserve Congress’s role in any of the Defense authorization bill would to test them. decision to move toward the design, en- repeal this ban. Without this ban there Where is the consistency in our ac- gineering, testing, or deploying of any is no impediment in law to research, tions? Having undertaken a preemptive new nuclear weapon. And equally im- development, testing, production, or war against an alleged imminent portant, this amendment will require deployment of new, low yield nuclear threat in the name of counter pro- us to stop and think seriously before weapons. The bill before us would also liferation, can the United States effec- going down the road toward new nu- support the repeal of this ban by appro- tively unite the world against Iran and clear weapons. priating $6 million to begin the re- North Korea’s pursuance of nuclear The amendment would require the search on new low-yield nuclear weap- weapons programs when the Bush ad- Department of Energy to obtain a spe- ons, or for any other advanced new nu- ministration appears to be on the verge cific authorization from Congress be- clear weapons concept. of reversing a decades old nuclear pol- fore the Department could move to The Defense authorization bill au- icy and pursuing new tactical nuclear phase 3 or beyond in the nuclear weap- thorizes the National Nuclear Security weapons? Weapons that, in the words of ons development process. Phase 3 is the Administration to continue work on a Linton Brooks, the Administrator of engineering development phase, the robust nuclear earth penetrator the National Security Administration, point at which a concept would begin (RNEP). The Energy and Water bill ‘‘might be usable.’’ to be a new weapon. The amendment would also apply to would appropriate these funds. The inconsistency of U.S. action was this same phase, the engineering devel- This effort would modify one of two noted in a May 17 editorial in the Econ- opment phase, in the process of modi- existing high-yield nuclear weapons to omist Magazine: create a nuclear weapon that will pene- fying an existing weapon for a new trate rock. Both weapons being looked . . . America would dangerously blur the line military requirement. When the De- against nuclear use by anyone. That would at for possible modification are high make it more likely, not less, that America’s partment modifies an existing weapon yield nuclear weapons with yields that own forces would eventually have nuclear the engineering development phase is are approximately 30 and 70 times the weapons used against them too. Mr. Bush has the 6.3 phase. This amendment would explosive power of the Hiroshima said repeatedly, with reason, that he wants apply to the 6.3 phase as well.

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.067 S16PT1 S11538 CONGRESSIONAL RECORD — SENATE September 16, 2003 Language similar to this amendment The PRESIDING OFFICER. The 102–580; 106 Stat. 4835), as amended by section passed the Senate 95–0 during the con- clerk will call the roll. 502(b) of the Water Resources Development sideration of the Defense Authorization The bill clerk proceeded to call the Act of 1999 (Public Law 106–53; 113 Stat. 335) Act. There was no disagreement then, roll. and section 108(d) of title I of division B of Mr. DOMENICI. Mr. President, I ask the Miscellaneous Appropriations Act, 2001 and should not be now, that Congress (as enacted by Public Law 106–554; 114 Stat. retain a central role in any decision to unanimous consent that the order for 2763A–220), is further amended by adding at seek new nuclear weapons. the quorum call be rescinded. the end the following: In 1994, Congress determined that the The PRESIDING OFFICER. Without ‘‘(71) CORONADO, CALIFORNIA.—$10,000,000 United States did not need to embark objection, it is so ordered. may be authorized for wastewater infrastruc- on a new nuclear weapons program, Mr. DOMENICI. Mr. President, I ad- ture, Coronado, California.’’. which would require nuclear weapons dress Senators—and I am sure if Sen- AMENDMENT NO. 1681 testing prior to being deployed, and ator REID were here, he would concur— On page 67, strike line 7 through line 11 and banned research that could lead to pro- there is a real chance that we could insert in lieu thereof: duction of new, low-yield, nuclear finish this bill this evening. We have ‘‘SEC. 506. CLARIFICATION OF INDEMNIFICATION weapons. The current law is found at two windows. We have this window TO PROMOTE ECONOMIC DEVELOP- that lasts until 4:30 and then Senators MENT. section 3136 of the Fiscal Year 1994 Na- ‘‘Subsection (b)(2) of section 3158 of the Na- tional Defense Authorization Act. It is have to be elsewhere. We understand tional Defense Authorization Act for Fiscal commonly known as the Spratt-Furse that. Then there is a window from 6 to Year 1998 (42 U.S.C. 7274q(b)(2)) is amended provision. 7 when Senators could be here. by adding the following after subparagraph The Senate passed version of the Fis- I am asking Senators, if you have (C): cal Year 2004 National Defense Author- amendments, bring them down and ‘‘(D) Any successor, assignee, transferee, ization Act repeals the current Spratt- let’s get them considered. We will lender, or lessee of a person or entity de- move ahead as soon as Senator REID scribed in subparagraphs (A) through (C).’’’ Furse law, while the House-passed (b) The amendment made by section 506, as version of the Fiscal Year 2004 National gets here with amendments that are amended by this section, is effective as of Defense Authorization Act, modifies getting checked and cleared to which the date of enactment of the National De- the current law. The House modifica- there is no objection. We have quite a fense Authorization Act for Fiscal Year 1998. tion would allow the Department of few of those. We would be very pleased AMENDMENT NO. 1682 Energy to conduct research on low if we heard from Senators, if your staff At the appropriate place, insert the fol- yield nuclear weapons but not to begin could tell us there were no more lowing: the engineering design phase of the nu- amendments. Then we could say we SEC. . Section 560(f) of Public Law 106–53 clear weapons process. could finish from 6 to 7 p.m. this is amended by striking ‘‘$5,000,000’’ and in- The conferees have been working for evening. serting in lieu thereof ‘‘7,500,000’’. several months to resolve the many I suggest the absence of a quorum. AMENDMENT NO. 1683 differences in the two versions of the The PRESIDING OFFICER. The (Purpose: To direct the Secretary of the In- Defense Authorization Act. One of the clerk will call the roll. terior to conduct a water supply feasibility issues that the conferees have yet to The bill clerk proceeded to call the study for Tualatin River Basin, Oregon) resolve is the issue of the Spratt-Furse roll. On page 42, between lines 5 and 6, insert provision. Mr. REID. Mr. President, I ask unan- the following: The conferees are discussing whether imous consent that the order for the SEC. 2ll. TUALATIN RIVER BASIN, OREGON. Spratt-Furse should be modified, as in quorum call be rescinded. (a) AUTHORIZATION TO CONDUCT FEASIBILITY STUDY.—The Secretary of the Interior may the House-passed bill, or repealed, as in The PRESIDING OFFICER. Without objection, it is so ordered. conduct a Tualatin River Basin water supply the Senate-passed bill, or whether both feasibility study— provisions could be dropped and the Mr. REID. Mr. President, Senator (1) to identify ways to meet future water current law preserved. It is important DOMENICI and I have worked during the supply needs for agricultural, municipal, and to note that the Reed amendment is lunch hour and up to now to clear some industrial uses; consistent with any of the possible out- amendments. (2) to identify water conservation and comes in the defense authorization AMENDMENTS NOS. 1646, AS MODIFIED; 1656, AS water storage measures; conference. MODIFIED; 1681 THROUGH 1683, EN BLOC (3) to identify measures that would— Whatever the outcome, the Reed Mr. President, I send five amend- (A) improve water quality; and ments to the desk, two of which— (B) enable environmental and species pro- amendment will ensure that Congress tection; and plays a role in future nuclear weapons amendments Nos. 1646 and 1656—will be (4) as appropriate, to evaluate integrated decisions. offered as modified, and I ask unani- water resource management and supply Mr. REED. I suggest the absence of a mous consent that they be considered needs in the Tualatin River Basin, Oregon. quorum. en bloc. (b) FEDERAL SHARE.—The Federal share of The PRESIDING OFFICER. The The PRESIDING OFFICER. Without the cost of the study conducted under sub- clerk will call the roll. objection, the amendments will be con- section (a)— The bill clerk proceeded to call the sidered en bloc. The clerk will report. (1) shall not exceed 50 percent; and roll. The legislative clerk read as follows: (2) shall be nonreimbursable and non- returnable. Mr. DOMENICI. Mr. President, I ask The Senator from Nevada [Mr. REID] pro- unanimous consent that the order for (c) ACTIVITIES.—No activity carried out poses amendments numbered 1646, as modi- under this section shall be considered a sup- the quorum call be rescinded. fied, 1656, as modified, and 1681 through 1683, plemental or additional benefit under Fed- The PRESIDING OFFICER. Without en bloc. eral reclamation law (the Act of June 17, 1902 objection, it is so ordered. The amendments are as follows: (32 Stat. 388, chapter 1093), and Acts supple- Mr. DOMENICI. Mr. President, we AMENDMENT NO. 1646, AS MODIFIED mental to and amendatory of that Act (43 have nothing further to say about the (Purpose: To modify the provision relating U.S.C. 371 et seq.)). (d) FUNDING.— amendment. We are ready to accept it. to the Waikiki Beach project, Oahu, Hawaii) The PRESIDING OFFICER. The (1) AUTHORIZATION OF APPROPRIATIONS.— On page 3, beginning on line 2, strike ‘‘the There is authorized to be appropriated to question is on agreeing to the amend- continuation’’ and all that follows through ment. carry out this section $2,900,000, to remain line 8 and insert ‘‘preconstruction engineer- available until expended. The amendment (No. 1659) was agreed ing and design of Waikiki Beach, Oahu, Ha- to. waii, the project to be designed and evalu- Mr. REID. Mr. President, I ask unan- Mr. DOMENICI. I move to reconsider ated, as authorized.’’ imous consent that the amendments be the vote. AMENDMENT NO. 1656, AS MODIFIED agreed to en bloc. Mr. REED. I move to lay that motion (Purpose: To authorize a wastewater infra- The PRESIDING OFFICER. Without on the table. structure project for Coronado, California) objection, the amendments are adopted The motion to lay on the table was On page 31, between lines 7 and 8, insert en bloc. agreed to. the following: The amendments No. 1646, as modi- Mr. DOMENICI. I suggest the absence SEC. 117. Section 219(f) of the Water Re- fied; No. 1656, as modified; Nos. 1681 of a quorum. sources Development Act of 1992 (Public Law through 1683 en bloc were agreed to.

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.043 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11539 Mr. REID. Mr. President, I move to harbor of Morehead City, North Carolina, a I withdraw my request. reconsider the vote. project to disperse sand along Bogue Banks’’. Mr. DOMENICI. Mr. President, I sug- Mr. DOMENICI. I move to lay that AMENDMENT NO. 1690 gest the absence of a quorum. motion on the table. (Purpose: To provide for a transfer of funds The PRESIDING OFFICER. The The motion to lay on the table was to the Bureau of Reclamation to conduct a clerk will call the roll. agreed to. feasibility study for the purposes of pro- The assistant legislative clerk pro- Mr. DOMENICI. Mr. President, I sug- viding water to Park City and the ceeded to call the roll. Snyderville Basin, Utah) gest the absence of a quorum. Mr. LAUTENBERG. Mr. President, I The PRESIDING OFFICER (Mr. On page 2, line 18, after ‘‘expended’’ insert ask unanimous consent that the order the following: ‘‘, of which $500,000, along with CHAFEE). The clerk will call the roll. $500,000 of the unobligated balance of funds for the quorum call be rescinded. The bill clerk proceeded to call the made available under this heading in the En- The PRESIDING OFFICER. Without roll. ergy and Water Appropriations Act, 2003, objection, it is so ordered. Mr. DOMENICI. Mr. President, I ask may be transferred to the Bureau of Rec- (The remarks of Mr. LAUTENBERG are unanimous consent that the order for lamation to conduct a feasibility study for printed in today’s RECORD under the quorum call be rescinded. the purposes of providing water to Park City ‘‘Morning Business.’’) The PRESIDING OFFICER. Without and the Snyderville Basin, Utah’’. Mr. LAUTENBERG. I yield the floor objection, it is so ordered. AMENDMENT NO. 1691 and suggest the absence of a quorum. AMENDMENTS NOS. 1687, 1688, 1689, 1690, 1691, AND (Purpose: To set aside funding for dredging The PRESIDING OFFICER. The 1692 EN BLOC and other operation and maintenance of clerk will call the roll. Mr. DOMENICI. Mr. President, we the Rogue River, Gold Beach, Oregon) The legislative clerk proceeded to have a package of amendments. On page 15, line 8, strike ‘‘facilities:’’ and call the roll. The PRESIDING OFFICER. The insert ‘‘facilities; and of which $500,000 may Mr. REID. Mr. President, I ask unan- be available for dredging and other operation clerk will report. and maintenance of the Rogue River, Gold imous consent that the order for the The assistant legislative clerk read Beach, Oregon:’’. quorum call be rescinded. as follows: The PRESIDING OFFICER. Without AMENDMENT NO. 1692 objection, it is so ordered. The Senator from New Mexico [Mr. DOMEN- (Purpose: To provide funds for use in car- ICI], for himself and Mr. REID, proposes rying out Great Lakes remedial action AMENDMENTS NOS. 1650, AS MODIFIED; 1653, AS amendments numbered 1687 through 1692, en plans and sediment remediation programs MODIFIED; 1658, AS MODIFIED; 1669, AS MODI- bloc. under the Water Resources Development FIED; 1675, AS MODIFIED; 1679; 1685; AND 1696 Mr. DOMENICI. Mr. President, we Act of 1990) THROUGH 1721, EN BLOC have cleared these amendments. We On page 31, between lines 7 and 8, insert Mr. REID. Mr. President, I send a se- have worked on them on both sides. the following: ries of amendments to the desk that They are acceptable. I understand the SEC. 1ll. GREAT LAKES REMEDIAL ACTION have been cleared on both sides and ask distinguished minority leader is will- PLANS AND SEDIMENT REMEDI- for their consideration. ing to accept them; is that correct? ATION PROGRAMS. The PRESIDING OFFICER. The Of the amounts made available by this clerk will report the amendments. Mr. REID. Mr. President, that is title under the heading ‘‘GENERAL INVES- true. TIGATIONS’’, not less than $1,500,000 may be The legislative clerk read as follows: Mr. DOMENICI. Mr. President, we available for Great Lakes remedial action The Senator from Nevada [Mr. REID], for have nothing further. plans and sediment remediation programs himself and Mr. DOMENICI, proposes amend- The PRESIDING OFFICER. Without under section 401 of the Water Resources De- ments numbered 1650, as modified; 1653, as objection, the amendments are consid- velopment Act of 1990 (33 U.S.C. 1268 note; modified; 1658, as modified; 1669, as modified; ered en bloc and are agreed to en bloc. Public Law 101–640). 1675, as modified; 1679; 1685; and 1696 through The amendments were agreed to en Mr. DOMENICI. Mr. President, I 1721, en bloc. bloc, as follows: move to reconsider the vote. Mr. REID. Mr. President, I ask unan- AMENDMENT 1687 Mr. REID. I move to lay that motion imous consent that reading of the amendments be dispensed with. (Purpose: To authorize the Secretary of the on the table. Interior to extend, on an annual basis, the The motion to lay on the table was The PRESIDING OFFICER. Without repayment schedule of certain debt to fa- agreed to. objection, it is so ordered. cilitate Indian water rights settlements in Mr. REID. Mr. President, if I could Mr. REID. Mr. President, I ask unan- the State of Arizona, with an offset) have the attention of the distinguished imous consent that the amendments be On page 34, line 6, strike ‘‘$56,525,000’’ and chairman of the subcommittee, I think agreed to, en bloc. They have been insert ‘‘$54,425,000’’. he would agree that we have spent all cleared with my distinguished chair- On page 42, between lines 5 and 6, insert day working on this bill. It is an im- man. the following: portant bill with $27.3 billion in fund- Mr. DOMENICI. Mr. President, we SEC. 2ll. FACILITATION OF INDIAN WATER ing for some of the most important as- have reviewed these one by one over RIGHTS. pects this Government does. the afternoon and they are all accept- The Secretary of the Interior may extend, on an annual basis, the repayment schedule We are now at a point where we are able. of debt incurred under section 9(d) of the Act about to wrap this up. If there are The PRESIDING OFFICER. Is there of August 4, 1939 (43 U.S.C. 485h(d)) to facili- Members who have amendments to objection? tate Indian water rights settlements in the offer, they should get over here within Without objection, the amendments State of Arizona. the next 40 minutes. If they are not are agreed to, en bloc. AMENDMENT NO. 1688 here by then, we will assume there are The amendments were agreed to, as On page 13 of the bill, line 21, before the pe- no other amendments to be offered. We follows: riod, insert the following: have other work that we need to do. AMENDMENT NO. 1650, AS MODIFIED : Provided further, That within funds provided There are negotiations going on on (Purpose: To direct the Secretary of the herein, $500,000 may be used for completion some amendments. Other than that, we Army to implement the project for eco- of design and initiation of construction of are arriving at a point where we will system restoration, Gwynns Falls, Mary- the McCarran Ranch, NV, environmental res- move forward. land) toration project I have several amendments that I On page 31, between lines 7 and 8, insert AMENDMENT NO. 1689 would like to send to the desk en bloc. the following: (Purpose: To set aside funding in connection I note that there are a number of SEC. 1ll. GWYNNS FALLS WATERSHED, BALTI- with the harbor of Morehead City, North amendments—in fact, two—in order, MORE, MARYLAND. Carolina, for a project to disperse sand The Secretary of the Army may implement along Bogue Banks) Nos. 1652 and 1660, which will be as modified. the project for ecosystem restoration, On page 16, line 12, before the period at the Gwynns Falls, Maryland, in accordance with end, insert the following: ‘‘: Provided further, We are so efficient that we are trying the Baltimore Metropolitan Water Re- That the Secretary of the Army may use to agree to them twice. I don’t think sources-Gwynns Falls Watershed Feasibility $3,000,000 of the funds provided under this that is necessary. These have already Report prepared by the Corps of Engineers heading to undertake, in connection with the been cleared. and the city of Baltimore, Maryland.

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.070 S16PT1 S11540 CONGRESSIONAL RECORD — SENATE September 16, 2003

AMENDMENT NO. 1653, AS MODIFIED AMENDMENT NO. 1679 (1) by striking ‘‘$18,265,000’’ and inserting (Purpose: To set aside funding for dredging (Purpose: To provide for a report on adminis- ‘‘$21,075,000’’; and and other operation and maintenance of trative expenditures of the Secretary of (2) by striking ‘‘$9,835,000’’ and inserting the Umpqua River, Oregon) Energy for the Energy Employees Occupa- ‘‘$7,025,000’’. tional Illness Compensation Act) AMENDMENT NO. 1700 On page 15, line 8, strike ‘‘facilities:’’ and (Purpose: To direct the Western Area Power insert ‘‘facilities; and of which $500,000 may On page 63, between lines 2 and 3 insert the Administration to provide electrical power be available for dredging and other operation following: supply and delivery assistance to the local and maintenance of the Umpqua River, Or- SEC. 3ll. REPORT ON EXPENDITURES FOR THE distribution utility as required to main- egon:’’. ENERGY EMPLOYEES OCCUPA- TIONAL ILLNESS COMPENSATION tain proper voltage levels at the Big Sandy AMENDMENT NO. 1658, AS MODIFIED ACT. River Diffuse Source Control Unit) (Purpose: To set aside funds for the Navajo Not later 180 days after the date of enact- On page 54, line 19, before the period, insert electrification demonstration program) ment of this Act, the Secretary of Energy the following: ‘‘: Provided further, That, in shall submit to the Committee on Energy accordance with section 203 of the Colorado On page 42, line 20, strike the period at the and Natural Resources of the Senate and the River Basin Salinity Control Act (43 U.S.C. end and insert ‘‘, of which $3,000,000 may be Committee on Energy and Commerce of the 1593), electrical power supply and delivery available for the Navajo electrification dem- House of Representatives a report on admin- assistance may be provided to the local dis- onstration program under section 602 of Pub- istrative expenditures of the Secretary for tribution utility as required to maintain lic Law 106–511 (114 Stat. 2376).’’ the Energy Employees Occupational Illness proper voltage levels at the Big Sandy River AMENDMENT NO. 1669, AS MODIFIED Compensation Program Act of 2000 (42 U.S.C. Diffuse Source Control Unit’’. 7384 et seq.). (Purpose: To authorize the Secretary of the AMENDMENT NO. 1701 Army to carry out a joint project with AMENDMENT NO. 1685 On page 13 of the bill, line 21, before the pe- Asotin County, Washington to construct a (Purpose: To direct the Secretary of the riod, insert the following: Snake River Confluence Interpretative Army to complete the general reevaluation : Provided further, That within funds provided Center near Clarkston, Washington) report for the project for flood damage re- therein, $100,000 may be used for initiation of feasibility studies to address erosion along On page 31, between lines 7 and 8, insert duction, Mill Creek, Cincinnati, Ohio) Bayou Teche, LA within the Chitimacha the following: On page 31, between lines 7 and 8, insert the following: Reservation SEC. 1ll. SNAKE RIVER CONFLUENCE INTER- AMENDMENT NO. 1702 PRETATIVE CENTER, CLARKSTON, SEC. 1ll. FLOOD DAMAGE REDUCTION, MILL WASHINGTON. CREEK, CINCINNATI, OHIO. (Purpose: To provide a definition of rural Utah for the purposes of the environmental (a) IN GENERAL.—The Secretary of the Not later than 1 year after the date of en- assistance program) Army, acting through the Chief of Engineers actment of this Act, the Secretary of the (referred to in this section as the ‘‘Sec- Army, acting through the Chief of Engineers, On page 28, strike lines 13 through 25 and retary’’) is authorized and may carry out a shall complete the general reevaluation re- insert the following: project to plan, design, construct, furnish, port for the project for flood damage reduc- SEC. 115. Section 595 of the Water Re- and landscape a federally owned and oper- tion, Mill Creek, Cincinnati, Ohio. sources Development Act of 1999 (113 ated Collocated Civil Works Administrative AMENDMENT NO. 1696 Stat.383; 117 Stat. 142) is amended— (1) by striking the section heading and in- Building and Snake River Confluence Inter- (Purpose: To increase the authorization of serting the following: pretative Center, as described in the Snake appropriations for the provision of environ- River Confluence Center Project Manage- ‘‘SEC. 595. IDAHO, MONTANA, RURAL NEVADA, mental assistance for the State of Mis- NEW MEXICO, AND RURAL UTAH.’’; ment Plan. sissippi) (2) in subsection (a)— (b) LOCATION.—The project— On page 31, between lines 7 and 8, insert (A) by redesignating paragraphs (1) (1) shall be located on Federal property at the following: through (3) as subparagraphs (A) through (C), the confluence of the Snake River and the SEC. 1ll. respectively; Clearwater River, near Clarkston, Wash- Section 592(g) of the Water Resources De- (B) by striking (a) and all that follows ington; and velopment Act of 1999 (Public Law 106–53; 113 through ‘‘means—’’ and inserting the fol- (2) shall be considered to be a capital im- Stat. 380) is amended by striking ‘‘$25,000,000 lowing: provement of the Clarkston office of the for the period beginning with fiscal year ‘‘(a) DEFINITIONS.—In this section: Lower Granite Project. 2000’’ and inserting ‘‘$100,000,000’’. ‘‘(1) RURAL NEVADA.—The term ‘rural Ne- (c) EXISTING STRUCTURES.—In carrying out vada’ means’’; and AMENDMENT NO. 1697 the project, the Secretary may demolish or (C) by adding at the end the following: (Purpose: To provide that the funds made relocate existing structures. ‘‘(2) RURAL UTAH.—The term ‘rural Utah’ (d) COST SHARING.— available for a transmission study on the means— (1) TOTAL COST.—The total cost of the placement of 500 megawatt wind energy in ‘‘(A) the counties of Box Elder, Cache, project shall not exceed $3,500,000 (excluding North Dakota and South Dakota shall be Rich, Tooele, Morgan, Summit, Dagett, interpretative displays). nonreimbursable) Wasatch, Duchesne, Uintah, Juab, Sanpete, (2) FEDERAL SHARE.—The Federal share of On page 54, line 19, before the period at the Carbon, Millard, Sevier, Emery, Grand, Bea- the cost of the project shall be $3,000,000. end, insert the following: ‘‘: PROVIDED FUR- ver, Piute, Wayne, Iron, Garfield, San Juan, (3) NON-FEDERAL SHARE.— THER, That the $750,000 that is made avail- and Kane, Utah; and (A) IN GENERAL.—The non-Federal share of able under this heading for a transmission ‘‘(B) the portions of Washington County, the cost of the project— study on the placement of 500 megawatt Utah, that are located outside the city of St. (i) shall be $500,000; and wind energy in North Dakota and South Da- George, Utah.’’; (ii) may be provided— kota may be nonreimbursable’’. (3) in subsections (b) and (c), by striking (I) in cash; or AMENDMENT NO. 1698 ‘‘Nevada, Montana, and Idaho’’ and inserting (II) in kind, with credit accorded to the At the appropriate place, insert the fol- ‘‘Idaho, Montana, rural Nevada, New Mexico, non-Federal sponsor for provision of all nec- lowing: and rural Utah’’; and essary services, replacement facilities, re- (4) in subsection (h), by striking ‘‘2001—’’ SEC. . Of the funds made available under placement land (not to exceed 4 acres), ease- Operation and Maintenance, General, an ad- and all that follows and inserting ‘‘2001 ments, and rights-of-way acceptable to the ditional $500,000 may be made available to $25,000,000 for each of Idaho, Montana, New Secretary and the non-Federal sponsor. the Recreation Management Support Pro- Mexico, and rural Utah, to remain available (B) INTERPRETIVE EXHIBITS.—In addition to gram to work with the International Moun- until expended.’’. At the appropriate place, insert the fol- the non-Federal share described in subpara- tain Bicycling Association to design, build, lowing: graph (A), the non-Federal sponsor shall and maintain trails at Corps of Engineers SEC. . Of the funds made available under fund, operate, and maintain all interpreta- projects. tive exhibits under the project. Construction, General, $1,500,000 may be AMENDMENT NO. 1699 made available work to be carried out under AMENDMENT NO. 1675, AS MODIFIED (Purpose: To modify the project for flood Section 560 of the Water Resources Develop- (Purpose: To authorize the Secretary to re- control, Park River, Grafton, North Dakota) ment Act of 1999 (Public Law 106–53). move oil bollards in Burlington Harbor, On page 31, between lines 7 and 8, insert AMENDMENT NO. 1704 VT) the following: (Purpose: To set aside funding for a defense After section 104, insert the following: SEC. 1ll. PARK RIVER, GRAFTON, NORTH DA- and security research center) ‘‘The Secretary is authorized and may de- KOTA. On page 44, line 14, before the period at the sign, remove and dispose of oil bollards and Section 364(5) of the Water Resources De- end, insert ‘‘, of which $3,000,000 may be associated debris in Burlington Harbor, VT, velopment Act of 1999 (113 Stat. 314) is available for a defense and security research at full Federal expense.’’ amended— center’’.

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AMENDMENT NO. 1705 AMENDMENT NO. 1710 AMENDMENT NO. 1714 (Purpose: To require the Secretary of the In- (Purpose: To limit the availability of funds (Purpose: To direct the Secretary of the In- terior and the Secretary of Energy to re- for the Advanced Concepts Initiative of the terior to lease certain public lands in Wyo- port to Congress on acquisitions made by National Nuclear Security Administration ming) each Department of articles, materials, or pending a report on activities under the On page 63, between lines 2 and 3 insert the supplies manufactured outside the United initiative) following: States) At the end of title III, add the following: SEC. 3 . MARTIN’S COVE LEASE. On page 34, line 10, strike the period at the SEC. 313. No funds appropriated or other- (a) DEFINITIONS.—In this section: end and insert ‘‘: Provided further, That of wise made available under this title under (1) BUREAU OF LAND MANAGEMENT.—The this amount, sufficient funds may be avail- the heading ‘‘ATOMIC ENERGY DEFENSE term ‘‘Bureau of Land Management’’, here- able for the Secretary of the Interior, not ACTIVITIES’’ may be obligated or expended after referred to as the ‘‘BLM’’, means an later than 60 days after the last day of the for additional and exploratory studies under agency of the Department of the Interior. fiscal year, to submit to Congress a report on the Advanced Concepts Initiative until 30 (2) CORPORATION.—The term ‘‘Corporation’’ the amount of acquisitions made by the De- days after the date on which the Adminis- means the Corporation of the Presiding partment of the Interior during such fiscal trator for Nuclear Security submits to Con- Bishop of The Church of Jesus Christ of Lat- year of articles, materials, or supplies that gress a detailed report on the planned activi- ter-day Saints, located at 50 East North were manufactured outside the United ties for additional and exploratory studies Temple Street, Salt Lake City, Utah. States. Such report shall separately indicate under the initiative for fiscal year 2004. The (3) MARTIN’S COVE.—The term ‘‘Martin’s the dollar value of any articles, materials, or report shall be submitted in unclassified Cove’’ means the area, consisting of approxi- supplies purchased by the Department of the form, but may include a classified annex. mately 940 acres of public lands in Natrona Interior that were manufactured outside the AMENDMENT NO. 1711 County, Wyoming as depicted on the Mar- United States, an itemized list of all waivers tin’s Cove map numbered MC–001. under the Buy American Act (41 U.S.C. 10a et (Purpose: To set aside funding for the Great (4) SECRETARY.—The term ‘‘Secretary’’ seq.) that were granted with respect to such Lakes fishery and ecosystem restoration means the Secretary of the Interior. articles, materials, or supplies, and a sum- program) (b) LEASE.— mary of total procurement funds spent on On page 13, line 21, before the period at the (1) IN GENERAL.—Not later than 120 days goods manufactured in the United States end, insert the following: ‘‘: Provided further, after the date of enactment of this Act, the versus funds spent on goods manufactured That the Secretary of the Army may use at Secretary may enter into an agreement with outside of the United States. The Secretary least $1,000,000 of the funds provided under the Corporation to lease, for a term of 25 of the Interior shall make the report pub- this heading for the Great Lakes fishery and years, approximately 940 acres of Federal licly available by posting the report on an ecosystem restoration program’’. land depicted on the Martin’s Cove map MC– Internet website.’’. AMENDMENT NO. 1712 On page 47, line 12, strike the period at the 001. The Corporation shall retain the right of end and insert ‘‘: Provided further, That of At the appropriate place on page 42, after ingress and egress in, from and to any part of this amount, sufficient funds shall be avail- section 211, insert the following: the leasehold for its use and management as able for the Secretary of Energy, not later ‘‘SEC. XX. RESTORATION OF FISH AND WILDLIFE an important historical site. than 60 days after the last day of the fiscal HABITAT AND PROVISION OF BOT- (2) TERMS AND CONDITIONS.— year, to submit to Congress a report on the TLED WATER FOR FALLON SCHOOL- (A) SURVEY.—As a condition of the agree- amount of acquisitions made by the Depart- CHILDREN. ment under paragraph (1), the Corporation ment of Energy during such fiscal year of ar- (a) IN GENERAL.—In carrying out section shall provide a boundary survey to the Sec- ticles, materials, or supplies that were man- 2507 of Public Law 101–171, the Secretary of retary, acceptable to the Corporation and ufactured outside the United States. Such the Interior, acting through the Commis- the Secretary, of the parcels of land to be report shall separately indicate the dollar sioner of Reclamation, shall— leased under paragraph (1). value of any articles, materials, or supplies (1) notwithstanding sec. 2507(b) of P.L. 101– (B) ACCESS.— (i) IN GENERAL.—The Secretary and the purchased by the Department of Energy that 171, provide $2.5 million to the State of Ne- Corporation shall enter into a lease cov- were manufactured outside the United vada to purchase water rights from willing enant, binding on any successor or assignee States, an itemized list of all waivers under sellers and make necessary improvements that ensures that, consistent with the his- the Buy American Act (41 U.S.C. 10a et seq.) for Carson Lake and Pasture. toric purposes of the site, public access will that were granted with respect to such arti- (2) provide $100,000 to Families in Search of be provided across private land owned by the cles, materials, or supplies, and a summary Truth, Fallon, NV for the purchase of bottled Corporation to Martin’s Cove and Devil’s of total procurement funds spent on goods water for schoolchildren in Fallon-area Gate. Access shall— manufactured in the United States versus schools. (I) ensure public visitation for historic, funds spent on goods manufactured outside (b) LIMITATION.—The funds specified to be educational and scenic purposes through pri- of the United States. The Secretary of En- provided in (a)(1) shall only be provided by vate lands owned by the Corporation to Mar- ergy shall make the report publicly available the Bureau of Reclamation when the title to tin’s Cove and Devil’s Gate; by posting the report on an Internet Carson Lake and Pasture is conveyed to the (II) provide for public education, ecologic website.’’. State of Nevada; the waiver of sec. 2507(b) of P.L. 101–171 shall only apply to water pur- and preservation at the Martin’s Cove site; AMENDMENT NO. 1706 chases for Carson Lake and Pasture. (III) be provided to the public without On page 41, line 5, strike ‘‘655’’ and insert (c) ADMINISTRATION.—The Secretary of In- charge; and in lieu thereof ‘‘566’’. terior, acting through the Commissioner of (IV) permit the Corporation, in consulta- AMENDMENT NO. 1707 Reclamation, may provide financial assist- tion with the BLM, to regulate entry as may On page 28, line 1 strike ‘‘105–227’’ and in- ance to State and local public agencies, In- be required to protect the environment and sert in lieu thereof ‘‘105–277’’. dian tribes, nonprofit organizations, and in- historic values of the resource at Martin’s AMENDMENT NO. 1708 dividuals to carry out this section and sec. Cove or at such times as necessitated by weather conditions, matters of public safety (Purpose: To provide funding to preserve De- 2507 of P.L. 101–171. and nighttime hours. partment of Energy historical sites and AMENDMENT NO. 1713 (C) IMPROVEMENTS.—The Corporation may, other aspects of the history of its pro- (Purpose: To direct the Secretary of the upon approval of the BLM, improve the grams) Army to provide technical, planning, de- leasehold as may become necessary from On page 48, line 8, after the word ‘‘ex- sign, and construction assistance for the time to time in order to accommodate visi- pended:’’ insert the following: Schuylkill River Park, Philadelphia, Penn- tors to the leasehold. ‘‘Provided, That the Secretary of Energy sylvania) (D) ARCHAEOLOGICAL PRESERVATION.—The may use $1,000,000 of available funds to pre- At the appropriate place, insert the fol- Corporation shall have the obligation to pro- serve historical sites associated with, and lowing: tect and maintain any historical or archae- other aspects of the history of, the Manhat- SEC. . SCHUYLKILL RIVER PARK, PHILADEL- ological artifacts discovered or otherwise tan Project’’ PHIA, PENNSYLVANIA. identified at Martin’s Cove. AMENDMENT NO. 1709 The Secretary of the Army may provide (E) VISITATION GUIDELINES.—The Corpora- (Purpose: To set aside funding for the Ad- technical, planning, design, and construction tion may establish, in consultation with the ministration’s Clean Energy Technology assistance for Schuylkill River Park, Phila- BLM, visitation guidelines with respect to Exports Initiative) delphia, Pennsylvania, in accordance with such issues as firearms, alcoholic beverages, On page 42, line 20, before the period at the section 564(c) of the Water Resources Devel- and controlled substances and conduct con- end, insert ‘‘, of which $400,000 may be made opment Act of 1996 (Public Law 104–303; 110 sistent with the historic nature of the re- available to the Office of International Mar- Stat. 3785), as contained in the May 2000 re- source, and to protect public health and safe- ket Development to carry out a program to port of the Philadelphia District based on re- ty. implement, and serve as an administrative gional economic development benefits, at a (F) NO ABRIDGEMENT.—The lease shall not center in support of, the multi-agency Clean Federal share of 50 percent and a non-Fed- be subject to abridegment, modification, ter- Energy Technology Exports Initiative’’. eral share of 50 percent. mination, or other taking in the event any

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surrounding area is subsequently designated Federal sponsors is reasonable, allowable, al- (c) PROCUREMENT OF SERVICES.—The Sec- as a wilderness or other protected areas. The locable, and integral to the development of retary of Labor may procure temporary serv- lease shall contain a provision limiting the the environmental impact statement. ices in carrying out the duties of the Sec- ability of the Secretary from administra- AMENDMENT NO. 1716 retary under the MOA. tively placing Martin’s Cove in a restricted (d) DUTIES OF SECRETARY OF ENERGY.— On page 14, line 26, strike ‘‘$1,949,000,000’’ land management status such as a Wilder- Under the MOA entered into under sub- and insert in lieu thereof ‘‘2,014,000,000’’. ness Study Area. section (a), the Secretary of Energy shall— (G) RIGHT OF FIRST REFUSAL.—The Corpora- AMENDMENT NO. 1717 (1) consistent with subtitle D of the Energy tion shall be granted a right of first refusal On page 42, at the end of line 20 insert: Employees Occupational Illness Compensa- to lease or otherwise manage Martin’s Cove : Provided, That of the funds made available tion Program Act of 2000 (42 U.S.C. 7385o et in the event the Secretary proposes to lease for the Office of Electricity and Energy As- seq.), manage physician panels and secure or transfer control or title of the land to an- surance, the Office may provide grants to necessary records in response to requests other party. states and regional organizations to work from the Secretary of Labor; and (H) FAIR MARKET VALUE LEASE PAYMENTS.— with system operators, including regional (2) subject to the availability of appropria- The Corporation shall make lease payments transmission organizations and independent tions, transfer funds pursuant to requests by which reflect the fair market rental value of system operators, on transmission system the Secretary of Labor. the public lands to be leased, provided how- planning. The Office may require that grant- (e) SUBMISSION TO CONGRESS.—The MOA en- ever, such lease payments shall be offset by ees consider a full range of technology and tered into under subsection (a) shall be sub- value of the public easements granted by the policy options for transmission system plan- mitted to the appropriate committees of Corporation to the Secretary across private ning, including energy efficiency at cus- Congress and made available to the general lands owned by the Corporation for access to tomer facilities and in transmission equip- public in both printed and electronic forms. Martin’s Cove and Devil’s Cove. ment, customer demand response, distrib- AMENDMENT NO. 1720 (I) RENEWAL.—The Secretary may offer to uted generation and advanced communica- (Purpose: To prohibit the use of funds for the renew such lease on terms which are mutu- tions and controls. Provided further, That of Great Lakes Sediment Transport Models) ally acceptable to the parties. the funds made available for the Office of On page 15, line 16, after ‘‘2004’’ insert the (c) MINERAL WITHDRAWAL.—The Secretary Electricity and Energy Assurance, the Office following: ‘‘: Provided further, That none of shall retain the subsurface mineral estate may develop regional training and technical the funds appropriated under this heading under the leasehold, provided that the leased assistance programs for state regulators and may be used for the Great Lakes Sediment lands shall be withdrawn from all forms of system operators to improve operation of the Transport Models’’. entry, appropriations, or disposal under the electricity grid. AMENDMENT NO. 1721 public land laws and disposition under all AMENDMENT NO. 1718 laws relating to oil and gas leasing. (Purpose: To reinstate and transfer a hydro- (Purpose: To provide additional funding for (d) NO PRECEDENT SET.—This Act does not electric license to permit redevelopment of set a precedent for the terms and conditions the project for Passaic River Steambank a hydroelectric project in the State of New of leases between or among private entities Restoration, Minish Park, New Jersey, York, and for other purposes) and the United States. with an offset) On page 63, between lines 2 and 3 insert the (e) VALID AND EXISTING RIGHTS.—The Lease On page 10, line 9, strike ‘‘That’’ and all following: provided for under this section shall be sub- that follows through line 12 and insert the SEC. 3ll. REINSTATEMENT AND TRANSFER OF ject to valid existing rights with respect to following: ‘‘That the Secretary of the Army, THE FEDERAL LICENSE FOR any lease, right-of-way, permit, or other acting through the Chief of Engineers, may PROJECT NO. 2696. valid existing rights to which the property is use $1,000,000 of the funds made available (a) DEFINITIONS.— subject. under this heading to continue construction (1) COMMISSION.—The term ‘‘Commission’’ (f) AVAILABILITY OF MAP.—The Secretary of the project for Passaic River Streambank means the Federal Energy Regulatory Com- shall keep the map identified in this section Restoration, Minish Park, New Jersey, and mission. on file and available for public inspection in $6,500,000 of the funds made available under (2) TOWN.—The term ‘‘town’’ means the the Casper District Office of the BLM in Wy- this heading to carry out the project for the town of Stuyvesant, New York, the holder of oming and the State Office of the BLM, Raritan River Basin, Green Brook Sub- Federal Energy Regulatory Commission Pre- Cheyenne, Wyoming. Basin, New Jersey: Provided further, That the liminary Permit No. 11787. (b) REINSTATEMENT AND TRANSFER.—Not- (g) NEPA COMPLIANCE.—The Secretary Secretary of the Army,’’ shall comply with the provisions of the Na- withstanding section 8 of the Federal Power AMENDMENT NO. 1719 Act (16 U.S.C. 801) or any other provision of tional Environmental Policy Act of 1969 (42 (Purpose: To require the Secretary of Labor U.S.C. 4321 et seq.) in carrying out this sec- that Act, the Commission shall, not later to provide technical and managerial assist- than 30 days after the date of enactment of tion. ance to the Secretary of Energy to carry this Act— AMENDMENT NO. 1715 out claims-related activities under the En- (1) reinstate the license for Project No. (Purpose: To appropriate funds to develop an ergy Employees Occupational Illness Com- 2696; and environmental impact statement for intro- pensation Program Act 2000) (2) transfer the license to the town. ducing non-native oyster species into the At the appropriate place, insert the fol- (c) HYDROELECTRIC INCENTIVES.—Project Chesapeake Bay) lowing: No. 2696 shall be entitled to the full benefit : Provided, That using $200,000 appropriated SEC. ll. (a) MEMORANDUM OF AGREE- of any Federal law that— herein, the Secretary of the Army, acting MENT.—Not later than 45 days after the date (1) promotes hydroelectric development; through the Chief of Engineers, may develop of enactment of this Act, the Secretary of and an environmental impact statement for in- Energy and the Secretary of Labor shall (2) that is enacted within 2 years before or troducing non-native oyster species into the enter into a Memorandum of Agreement (re- after the date of enactment of this Act. Chesapeake Bay. During preparation of the ferred to in this section as the ‘‘MOA’’) (d) CO-LICENSEE.—Notwithstanding the environmental impact statement, the Sec- under which the Secretary of Labor shall issuance of a preliminary permit to the town retary may establish a scientific advisory agree to provide technical and managerial and any consideration of municipal pref- body consisting of the Virginia Institute of assistance pursuant to subtitle D of the En- erence, the town may at any time add as a Marine Science, the University of Maryland, ergy Employees Occupational Illness Com- co-licensee to the reinstated license a pri- and other appropriate research institutions pensation Program Act of 2000 (42 U.S.C. vate or public entity. (e) PROJECT FINANCING.—The town may re- to review the sufficiency of the environ- 7385o et seq.). ceive loans under sections 402 and 403 of the mental impact statement. In addition, the (b) REQUIREMENT.—Under the MOA entered Public Utility Regulatory Policies Act of Secretary shall give consideration to the into under subsection (a), the Secretary of 1978 (16 U.S.C. 2702, 2703) or similar programs findings and recommendations of the Na- Labor shall, not later than 90 days after the for the reimbursement of the costs of any tional Academy of Sciences report on the in- date of enactment of this Act, assume man- feasibility studies and project costs incurred troduction of non-native oyster species into agement and operational responsibility for during the period beginning on January 1, the Chesapeake Bay in the preparation of the the development and preparation of claims 2001 and ending on December 31, 2006. environmental impact statement. Notwith- filed with the Department of Energy under (f) ENERGY CREDITS.—Any power produced standing the cost sharing provisions of Sec- subtitle D of the Energy Employees Occupa- by the project shall be deemed to be incre- tion 510(d) of the Water Resources Develop- tional Illness Compensation Program Act of mental hydropower for purposes of quali- ment Act of 1996, 110 Stat. 3760, the prepara- 2000 (42 U.S.C. 7385o et seq.), consistent with fying for energy credits or similar benefits. tion of the environmental impact statement the regulations under part 852 of title 10, shall be cost shared 50% Federal and 50% Code of Federal Regulations, including the Mr. REID. I move to reconsider the non-Federal, for an estimated cost of development of information necessary for vote. $2,000,000. The non-Federal sponsors’ may the informed consideration of such claims by Mr. DOMENICI. I move to lay that meet their 50% matching cost share through a physicians panel (which shall include work motion on the table. in-kind services, provided that the Secretary histories, medical records, and exposure as- The motion to lay on the table was determines that work performed by the non- sessments with respect to toxic substances). agreed to.

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.062 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11543 AMENDMENT NO. 1650, AS MODIFIED sent decree with EPA in April 2002 to an array of clean energy tech- Mr. SARBANES. Mr. President, the making the city legally responsible for nologies. At my urging, the Bush ad- purpose of this amendment is to ensure approximately $900 million in sewer in- ministration, in October 2002, released that the Army Corps of Engineers frastructure improvements throughout the Clean Energy Technology Exports, meets its responsibilities to the res- the city, including fixing the sewer sys- CETE, strategy. This action plan out- toration of the Baltimore metropolitan tem in the Gwynns Falls watershed by lined a 5-year, nine-agency initiative area ecosystem restoration project. the year 2007. The city did so with the that is intended to ‘‘increase U.S. clean The amendment authorizes and directs understanding that the Corps would energy technology exports to inter- the Corps to implement the project in share in the approximately $13 million national markets through increased co- accordance with the Baltimore Metro- cost of sewer rehabilitation in this ordination among Federal agency pro- politan Water Resources—Gwynns area. grams and between these programs and Falls Feasibility Report, prepared by Months went by and no action was the private sector.’’ The CETE direc- the Army Corps of Engineers and the taken on the feasibility report until tive is geared at helping to address city of Baltimore. April 2003, when the Office of the As- three major challenges in global en- For 10 years, the U.S. Army Corps of sistant Secretary of the Army effec- ergy policy: increased U.S. competition Engineers has been studying water re- tively reneged on the agreement to in developing country markets; envi- source problems in the Baltimore met- participate in this project. Although ronmental sustainability, including ropolitan area. In 1994, the Baltimore the office, once again, concurred that climate change; and energy security. District completed a reconnaissance the sewer work was integral to the eco- Even though the participating Fed- report which concluded that there has system restoration project, it claimed eral agency partners released this stra- been extensive degradation to the ma- that the sewer rehabilitation portion of tegic plan last year, no funding has rine, aquatic, wetland, riparian and the recommended project was now the been identified by any of the agencies terrestrial habitats in the Baltimore legal responsibility of the city—be- to implement the CETE strategy. All metropolitan area. Over the years, cause it signed the consent decree—and too often, this is the case with multi- rapid growth of the area, filling of wet- therefore it was inappropriate for the agency initiatives that do not have the lands, and previous construction of Federal Government to cost-share in explicit support of the administration, Federal works to meet flood control this part of the project. Despite having and I fear that, once again, this is the and navigation needs, among other acted in good faith to comply with Fed- case. At this point, little, if anything things, have contributed to the deg- eral law and participating for years in new, is being done by this administra- radation of the streams that drain the studies with the Army Corps of Engi- tion to promote clean energy tech- Baltimore basin. The report identified neers with the intended purpose of im- nologies overseas. a Federal interest in restoring the eco- proving the urban ecosystem in this My amendment is a small step that is system of six watersheds, with the area, the city of Baltimore is now intended to get the ball rolling by es- Gwynns Falls watershed selected first being penalized for signing this consent tablishing an administrative center. A for further study. decree. Throughout this process, the truly effective program of this mag- The city of Baltimore agreed to share city was never appraised by the Corps nitude deserves significantly more at- with the Corps in the cost of the next that, if it signed the consent degree, tention and funding, and the U.S. is phase of the study process—a $1.6 mil- the Corps would not be able to share in missing a huge opportunity to capture lion feasibility study. During the the cost of this project. Now Baltimore a greater share of global clean energy course of that more detailed study, the is left with the prospect of either at- technology markets. However, we must Corps found that there was a signifi- tempting to remove the Gwynns Falls start somewhere, and my amendment cant loss of stream water and ground- project from the consent decree—an is a practical one. If the CETE stra- water into sewers located in the stream uncertain prospect at best—or some- tegic plan is going to be successful, channels and, in order to restore the how overcoming a Corps planning guid- then such an initiative requires a focal Gwynns Falls ecosystem and more ance document. That is what we are point—a one-stop-shop, so to speak—to than 2 million gallons of water per day seeking to do with this amendment. allow industries and organizations with to the watershed, the cracks in these It is important to point out that interests to more effectively access the sewers must be repaired. In December there is no other instance that we have services of the Federal Government. 2001, Corps Headquarters agreed that been able to identify in Federal law or Thus, my amendment provides the sewer line rehabilitation work was regulation, that prohibits a munici- $400,000 in funding for the Office of integral to—and should be included pality from using Federal funds or pro- International Market Development in—the ecosystem restoration project grams to help achieve compliance with within the Department of Energy to and was within the Corps’ environ- a consent decree. Indeed, a number of help carry out the task. While this cen- mental restoration authority. In fact, cities have used the Clean Water State ter is to be physically housed at the the Corps found that it was far less ex- Revolving Fund or EPA State and Department of Energy, DOE, the cen- pensive to line the sewers and seal the Tribal Assistance Grants for this pur- ter’s mission is to help carry out the manholes than undertake other alter- pose. There is no logical reason that multi-agency CETE strategy. I also natives such as channel lining and arti- the Corps of Engineers’ program should strongly urge all participating agen- ficial watering. The draft Baltimore not follow suit. cies such as the Department of Com- Metropolitan Water Resources Gwynns Why offer the amendment to this merce, U.S. Agency for International Falls Watershed Feasibility Report, measure? First of all, it does not ap- Development, and others to contribute completed in January 2002, rec- pear that the Senate will consider a staff and other appropriate resources ommended sewer system rehabilitation Water Resources Development Act this to get this center up and running. as a key part of the environmental res- year. Second, time is running out for toration projects for Gwynns Falls. It the city of Baltimore. In order to meet This is just a start on a long overdue was anticipated at that time, that the the 2007 consent decree deadline and to Federal initiative. But, if we are seri- feasibility report would be completed avoid future penalties for sewage dis- ous about addressing the immense by May 2002 and the project would be charges, the city must begin design and global energy and environmental chal- authorized for construction in the construction of the Gwynns Falls lenges that we commonly share with Water Resources Development Act of project shortly. other nations, this initiative must get 2002. This amendment simply directs the much greater attention and far more In 2001, the city of Baltimore and Secretary to implement the project in support from this administration. EPA began the process of negotiating a accordance with the original plans in AMENDMENT NO. 1715 consent decree to address the city’s the Gwynns Falls Feasibility Study. Mr. SARBANES. Mr. President, I am collection system overflow problem AMENDMENT NO. 1709 pleased to join with Senator WARNER in which was polluting area streams and Mr. BYRD. Mr. President, I have offering this amendment directing the waterways in violation of the Clean strongly supported efforts to advance Secretary of the Army to develop an Water Act. Baltimore signed the con- opportunities to open markets abroad environmental impact statement, EIS,

VerDate jul 14 2003 02:18 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.075 S16PT1 S11544 CONGRESSIONAL RECORD — SENATE September 16, 2003 to evaluate the risks and benefits of in- species. On August 14, 2003, the Na- finished but for his amendment. If we troducing non-native oysters in Chesa- tional Research Council released this can get him here—and we are going to peake Bay. report entitled ‘‘Non-native Oysters in try our best—we will ask him to offer The Chesapeake Bay was once the Chesapeake Bay’’ which concluded that his amendment. We will vote on it and largest producer of oysters in the introducing a reproductive population then vote on final passage and we will world, providing some 20 million bush- of the Asian oyster, Crassostrea be finished, which means that, on the els annually at the turn of the century. ariakensis, in Chesapeake Bay should be request of our leader that we be fin- The once abundant oyster populations delayed until more is known about the ished by 7 o’clock tonight, we should not only sustained an important part potential environmental risks. do that easily, if we can find the Sen- of our economy, providing jobs for The NRC report found that ‘‘[I]t is ator and start that process. thousands of oystermen and others in not possible to predict if a controlled Mr. REID. Mr. President, will the dis- the seafood and maritime industries, introduction of reproductive C. tinguished chairman allow me to but served as filters, cleaning the en- ariakensis will improve, further de- speak? tire volume of the Bay’s waters every grade, or have no impact on either the Mr. DOMENICI. I would be pleased three to six days and provided habitat oyster fishery or the ecology of the to. and sustenance for many of the Bay’s Chesapeake Bay.’’ The report rec- Mr. REID. Mr. President, I ask unan- living resources. Today, the Bay’s oys- ommended contained aquaculture of imous consent that there be no other ter population is only one percent of sterile C. ariakensis as an ‘‘interim ac- amendments in order except those what it was a century ago—the victim tion that provides an opportunity for cleared by the two managers of the of the deadly diseases MSX and Dermo researchers to obtain critical biologi- bill; and the Senator from Arizona is as well as over-harvesting and the loss cal and ecological information on the going to offer an amendment. I ask of habitat. Maryland’s watermen and non-native oyster required for risk as- unanimous consent that those be the the oyster industry are being threat- sessment.’’ It included detailed rec- only amendments in order. ened with economic extinction and sci- ommendations for biological, ecologi- The PRESIDING OFFICER. Is there entists estimate that it now takes the cal, and socio-economic research that objection? Mr. DOMENICI. Mr. President, re- current population of oysters nearly a should be conducted to better inform serving the right to object—and I will year to filter the Bay’s waters. public decisionmaking about the Asian not—I just want to say I agree because In 1999, scientific experts from Mary- oyster. land and Virginia reached a consensus In a letter dated July 22, 2003, to the we have been telling the Senate that on how to restore oysters which con- U.S. Army Corps of Engineers the Sec- for a number of hours today, and now tained two essential components—the retaries of the Virginia and Maryland the time has come. We want to finish construction of three-dimensional oys- Departments of Natural Resources re- tonight, and there should not be any ter reefs and the establishment of per- quested that the Corps coordinate de- other amendments. They should have manent reef sanctuaries—to create velopment of an environmental impact brought them here, if they have them. habitat and provide for the growth and statement to evaluate the States’ pro- So I think the consent request is well increased fecundity of oyster popu- posal to introduce reproductively capa- taken. It should be granted. The PRESIDING OFFICER. Without lations. This approach was embraced in ble Asian oysters in the waters of the Chesapeake 2000 Bay Agreement objection, it is so ordered. Chesapeake Bay. The Corps responded Mr. REID. Mr. President, I suggest which set an ambitious goal of increas- that it cannot initiate an EIS unless ing oyster abundance by tenfold by the the absence of a quorum. specifically authorized and funded by The PRESIDING OFFICER. The year 2010. Over the past three years, Congress to do so. This is what our our Chesapeake Bay area Congressional clerk will call the roll. amendment seeks to accomplish. The The legislative clerk proceeded to Delegation has worked closely together amendment provides $200,000 in Federal call the roll. to secure the necessary authorizations funds to initiate the study, which must Mr. BURNS. Mr. President, I ask and appropriations of approximately $5 be matched by the States. It further di- unanimous consent that the order for million a year through the U.S. Army rects the Secretary to establish a sci- the quorum call be rescinded. Corps of Engineers and NOAA to help entific advisory body consisting of the The PRESIDING OFFICER. Without the States of Maryland and Virginia Virginia Institute of Marine Science, objection, it is so ordered. implement this strategy. Indeed, we the University of Maryland, and other Mr. BURNS. Mr. President, I ask are delighted that the Senate energy appropriate research institutions to re- unanimous consent to speak as in and water appropriations bill, which we view the sufficiency of the environ- morning business for the time I shall are considering today, provides $4.5 mental impact statement. In addition, need. If any other pending business million an increase of $1.5 million over it directs the Secretary to consider the comes up, I will gladly step aside. the fiscal 2003 level and President’s findings and recommendations of the The PRESIDING OFFICER. Without budget request to continue this effort. National Academy of Sciences in the objection, it is so ordered. By restoring the physical oyster habi- preparation of the environmental im- (The remarks of Mr. BURNS are print- tat, creating new oyster reefs and pact statement. ed in today’s RECORD under ‘‘Morning planting disease-free oysters on these I urge adoption of the amendment. Business.’’) reefs, it is our hope that this project Mr. DOMENICI. Mr. President, I sug- LOS ANGELES RIVER REVITALIZATION will increase native oyster populations gest the absence of a quorum. Mrs. BOXER. Mr. President, I would and ultimately help to ensure the eco- The PRESIDING OFFICER. The like to engage in a colloquy with the nomic and environmental revival of clerk will call the roll. distinguished Senator from Nevada, the Bay. The legislative clerk proceeded to Senator REID, the ranking member of In order to expedite the process of re- call the roll. the Energy and Water Appropriations populating oysters in Chesapeake Bay, Mr. DOMENICI. Mr. President, I ask Subcommittee. officials in Maryland and Virginia have unanimous consent that the order for I want to thank Senators DOMENICI recently proposed introducing a non- the quorum call be rescinded. and REID for their hard work in devel- native Asian oyster, Crassostrea The PRESIDING OFFICER. Without oping this legislation. In particular, I ariakensis, which is quick growing and objection, it is so ordered. appreciate the attention that they more disease resistant into the Bay. Mr. DOMENICI. Mr. President, I say have given to the infrastructure needs However, because of differing opinions to our fellow Senators, we are finished of California, as well as to the overall about the risks and benefits involved, with the exception of a colloquy or importance of this bill for those of us the Chesapeake Bay Commission a tri- two, which are going to be ready short- representing western States. state legislative commission—re- ly. However, we have been informed Los Angeles, the largest metropoli- quested that the National Academies of that Senator JOHN MCCAIN of Arizona tan area in the western United States, Science National Research Council, desires to offer an amendment relative faces many challenges. Local commu- NRC, undertake a study of the pros and to a provision in the bill. We are trying nity leaders are working hard to revi- cons of introducing this non-native to contact him to let him know we are talize the areas surrounding the Los

VerDate jul 14 2003 03:51 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.076 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11545 Angeles River. The river, reinforced this can amount to drops of approxi- SECTION 104 with concrete to provide flood control mately 90 feet. A 90-foot drop is cata- Mr. JEFFORDS. I have some con- benefits, runs 51 miles through much of strophic to recreational opportunities cerns with the language in section 104. urban Los Angeles. provided by the reservoir. Boat docks These are, I believe, technical con- Both the Senate and House of Rep- and trailer ramps no longer reach the cerns. My understanding is that the resentatives include funding in the En- water, beaches dangle precariously Corps of Engineers, in order to more ef- ergy and Water Appropriations bills for above the waterline, and muddy banks fectively manage their resources, is in- operation and maintenance of the Los exposed for as far as the eye can see. terested in having continuing contract Angeles County Drainage Area project. The Corps has offered its help in authority for congressionally author- However, the House Appropriations mitigating the economic hardships ized water resource studies. I have no Committee also included language di- caused by its actions in periodic reduc- problem with that, but I am not sure recting $2 million of additional funding tions in reservoir water levels. I ap- that the language is correct in 104. to be used to ‘‘support Corps of Engi- plaud that offer. I also commend Sen- Mr. REID. That is my understanding neers assistance in local activities to ator DOMENICI and Senator REID for as well, and I believe that we need to revitalize the project areas for public providing the extra resources in the op- work together and with the Corps to safety, environmental restoration, erations and maintenance account for draft language that is exactly correct. recreation, aesthetics, community im- the Dworshak Reservoir in this legisla- I will work with the Senator from provement, and related purposes.’’ tion to accommodate those mitigation Vermont to make the necessary This additional funding would pro- efforts. I yield to the distinguished changes in conference. vide essential support for local leaders chairman to elaborate on that point. Mr. DOMENICI. I will also work with and community stakeholders, working Mr. DOMENICI. I want to echo the my colleagues to make the necessary in conjunction with the Army Corps of comments of the Senator about the im- changes, as I do not believe there is a Engineers, to move forward with this portance of these resources. We have substantive disagreement. critical project. I urge the Senate con- provided an additional $1 million above Mr. JEFFORDS. I thank my col- ferees to agree with the House funding the President’s request for the O&M leagues for their cooperation, and I level for this project. function for this specific economic look forward to working on this lan- I know how much the Senator from mitigation commitment for the com- guage in conference. Nevada cares about improving our munity. It is the committee’s intent communities and protecting our pre- that the Corps should use these re- HIGH-LEVEL WASTE CLEANUP cious natural resources. This project sources to help address the rec- Mr. COCHRAN. Mr. President, Chair- works toward achieving both of these reational needs of the Clearwater River man DOMENICI knows I have been con- important goals. Valley community resulting from the cerned about DOE’s high-level waste Mr. REID. I agree with the Senator alterations of the water level in the cleanup program from its inception. from California that our communities reservoir. Shortly after our committee concluded need the tools and resources to develop I believe the senior senator from action on the bill, the GAO issued a re- infrastructure projects that revitalize Idaho, and a member of the sub- port, entitled, ‘‘Challenges to Achiev- the environment, as well as the econ- committee, also would like to be heard ing Potential Savings in DOE’s High- omy. I also agree that the project de- on this point. Level Waste Cleanup Program.’’ In scribed by Senator BOXER has the po- Mr. CRAIG. I echo the words of my light of the language in our committee tential to offer many benefits to the colleague from Idaho on the impor- report on the program, the GAO pro- Los Angeles area and I will work to tance of this enhanced funding. Few vides a valuable and timely perspective support this in conference. areas in the Pacific Northwest suffer on the nuclear waste clean-up program Mrs. BOXER. I thank the Senator for more directly or as clearly by the and confirms many of my concerns, as his support. changing needs of migrating salmon. well as those expressed by our com- DWORSHAK RESERVOIR I have been to Orofino and sur- mittee during our hearings. Mr. CRAPO. Mr. President, I want to rounding communities several times Mr. President, as stated in our com- express my appreciation for your ef- and have noted the rise and fall in for- mittee’s report: forts, and those of the subcommittee tunes of the nearby towns in accord- The Committee notes with concern the re- ranking member, Senator REID, in ance with the levels of water in the res- cent notification by the Department that the working with Senator CRAIG and me to ervoir. As the Nation continues to Hanford Waste Treatment Plant, Richland, support the important work of the U.S. press on this and other Pacific North- Washington, construction project baseline Corps of Engineers in the Clearwater west communities to take steps to re- would increase from $4,350,000,000 to River Valley to mitigate damages vive protected salmon species, the Na- $5,781,000,000, an increase of over caused by fluctuating levels in the tion should also assist towns dispropor- $1,400,000,000. The relative lack of outrage tionately affected by that national call over a baseline change of that magnitude Dworshak Reservoir. speaks volumes about what the Congress and As my colleagues know, the chal- to action. I appreciate the committee public have come to expect from the Depart- lenges of responding to the riverine chairman securing these resources to ment’s clean-up program. The tank waste needs of endangered salmon have been recognize that commitment. treatment project has a long and sordid his- an enormous strain on the commu- It is my understanding that it is the tory that indicates both the magnitude of nities of the Pacific Northwest. We all committee’s intention that these re- the task before the Department, as well as share the commitment to restore Pa- sources are provided to the Corps to be the Department’s historic combination of cific Northwest salmon. This is a na- spent in the community in a manner overly optimistic cost estimates coupled tional interest. However, the efforts to that helps restore the economic base of with consistent project mismanagement. The restore the runs have a dispropor- the surrounding towns. These activi- Committee notes its concern in the dem- onstrated pattern of Departmental officials tionate and direct impact in commu- ties would include environmental announcing reform of some aspect of the nities in Idaho and the Pacific North- measures and the establishment of a clean-up program, only to depart and be re- west. functional large boat moorage. Is this placed by a new set of officials coming before The town of Orofino in the Clear- correct? the Committee to describe dramatic cost water River Valley of Idaho is just Mr. DOMENICI. That is the commit- overruns on the project baselines promised such a community. The town sits at tee’s intention, and I appreciate your by their predecessors, and claiming no re- the base of the Dworshak Reservoir, commitment to this important provi- sponsibility for the assumptions underlying which is capped by a Corps-managed sion. I also appreciate Senator CRAPO’s those previous commitments. dam. The Corps periodically uses water desire in helping to clarify these issues The Department is now into the second from Dworshak Reservoir to help ad- so that the needs of the Clearwater year of entering into new acceleration and reform agreements consistent with the pol- just temperatures in the downstream River Valley communities can be effec- icy conclusions of the Secretary’s 2001 top- rivers when salmon are making their tively addressed. I yield back to Sen- to-bottom review of the environmental runs to and from the ocean. ator CRAPO. clean-up program. The efforts is commend- When spills are required, the levels of Mr. CRAPO. I thank the chairman, able in its success in focusing the Depart- Dworshak Reservoir fall. Sometimes, and I yield back the floor. ment and its stakeholders on the importance

VerDate jul 14 2003 02:18 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.066 S16PT1 S11546 CONGRESSIONAL RECORD — SENATE September 16, 2003 of completing clean-up activities decades Pursuing backup systems has always him and the chairman of our sub- earlier than planned. The acceleration agree- made sense. As GAO points out, the committee to find additional funding ments entered into at the various clean-up risks inherent in the chemical com- to combat this growing problem in the sites have allowed the Department to book energy and water conference. Right huge paper out-year savings and acceleration position of the tanks require a backup of completion dates. For example, the De- approach as insurance. As our com- now, the Corps is stretched thin finan- partment is claiming savings of mittee report explains, ‘‘the weight of cially and, as a result, it cannot keep $12,000,000,000 and 20 years at the Savannah the historical record’’ often requires us pace with this expansive and growing River Site, South Carolina; $30,000,000,000 to ask ‘‘who will be around in the fu- problem. The Corps has a clear respon- and 35 years at Hanford, Washington; ture (other than the taxpayers) when sibility to address this problem and it $2,000,000,000 and 6 years at Oak Ridge, Ten- these estimated cost savings will inevi- cannot be ignored. It is my hope that nessee; and $19,000,000,000 and 35 years at tably be revised.’’ the Corps will dedicate funds to con- Idaho. In many cases the savings are based trolling this weed problem from the on assumed changes in law, yet-to-be re- Mr. DOMENICI. I share the Senator’s formed regulatory environments, contractor concerns and will inquire about GAO money that would be provided from the savings, and other highly optimistic assump- findings and will join you in urging the amendment offered by Chairman tions. The Department has had its successes, Department to give priority to devel- DOMENICI and Senator REID that would most notably Rocky Flats, Colorado, and oping technologies that are different add $65 million to the Corps operations should be commended. But even with such from the baseline system and could and maintenance budget. The low lake highlights, the weight of the historical provide an insurance policy. level is due to the persistent drought record leaves the Committee to question who Mr. COCHRAN. Mr. President, I ap- plaguing much of the West, and I be- will be around in the future (other than the lieve that the Corps has a responsi- taxpayers) when these estimated cost sav- preciate the Senator’s response and re- ings will inevitably be revised. quest his efforts in conference to en- bility to address problems on its lands resulting from weather-related condi- Mr. President, I respect Secretary courage DOE to evaluate and dem- tions. Roberson’s efforts to encourage innova- onstrate backup technologies that have Mr. DOMENICI. I recognize the situa- tion in the program. Last February, shown potential to provide cost and tion faced by those around Lake she proposed a new initiative aimed at schedule savings in the program. Sakakawea, and I will work with you accelerating cleanup at DOE’s sites and Mr. DOMENICI. I appreciate the Sen- to address this problem as we move focusing on more rapid reduction of the ator raising these issues, and I urge the this bill to the Energy and Water Ap- considerable environmental risks. She Department to carefully consider his propriations conference. projects this will cut years off the pro- thoughtful comments and rec- SECTION 310 gram and produce $63 billion in sav- ommendations. Mr. BINGAMAN. Mr. President, will ings. Mr. COCHRAN. I thank the chairman Now that GAO has issued its first re- and appreciate his leadership. the chairman yield for a question? Mr. DOMENICI. I will be happy to port on the acceleration initiative, I U.S. ARMY CORPS OF ENGINEERS’ OPERATION AND MAINTENANCE FUNDING FOR NOXIOUS yield. hope the chairman will join me in ex- Mr. BINGAMAN. Mr. President, sec- amining their findings and rec- WEED CONTROL AT LAKE SAKAKAWEA, GARRI- SON DAM, ND tion 310 of the current legislation di- ommendations and identifying actions rects the Secretary of Energy to file a that we may recommend to the con- Mr. CONRAD. Mr. President, I com- mend the leadership of the Appropria- permit modification to the Waste Iso- ference. lation Pilot Plant’s, WIPP, Waste Mr. DOMENICI. The Senator has my tion Committee, and particularly sub- Analysis Plan, WAP. Section 310(a) re- assurance that GAO’s report and rec- committee Chairman DOMENICI and quires that for determining compliance ommendations will be carefully ana- Senator REID for their work on this with the Solid Waste Disposal Act, 42 lyzed and that I will work with him to bill. I bring to the chairman’s atten- U.S.C. 6901 et. seq., and any other ap- ensure that they are considered as we tion a troubling problem we have in plicable laws, all waste received for work toward conference. North Dakota around Lake Mr. COCHRAN. I thank the chairman Sakakawea, a reservoir controlled by storage and disposal shall be limited in and urge that he give special attention the U.S. Army Corps of Engineers. As confirmation that it contains no ignit- to the following GAO recommendation: water levels drop, more of the land able, corrosive or reactive waste through the use of radiography or vis- DOE’s accelerated cleanup initiative around the lake owned by the Corps be- should mark the beginning, not the end, of comes exposed, which is a perfect habi- ual examination of a statistically rep- DOE’s efforts to identify other opportunities tat for noxious weeds. In fact, an addi- resentative population of waste; and to to improve the program by accomplishing tional 140,000 acres have become ex- review of the waste stream profile form the work more quickly, more effectively, or posed due to low water levels causing to verify that the waste contains no ig- at less cost. As DOE continues to pursue explosive growth. nitable, corrosive or reactive waste. other management improvements, it should Section 310(b) requires that compliance reassess certain aspects of its current man- The spread of noxious weeds is di- rectly impacting farmers, ranchers, shall be monitored exclusively in the agement approach, including the quality of WIPP underground rooms through air- the analysis underlying key decisions, the and other landowners in the vicinity of adequacy of its approach to incorporating Lake Sakakawea. These landowners borne monitoring of volatile inorganic compounds. new technologies into projects, and the mer- are responsible for controlling noxious Mr. DOMENICI. Mr. President, the its of a fast-track approach to designing and weeds on their land; however, their ef- building complex nuclear facilities. Al- Senator is correct. though the challenges are great, the oppor- forts are futile when their land can be Mr. BINGAMAN. Mr. President, is tunities for program improvements are even easily contaminated from weeds on the chairman aware of an ongoing greater. Therefore, DOE must continue its Corps land. Unless the Corps has more study, due December 2003, by the Na- efforts to clean up its high-level waste while resources to fight the noxious weeds, tional Academy’s Board on Radioactive demonstrating tangible, measurable program landowners will continue to face an up- Waste Management regarding waste improvements. hill battle. characterization requirements for con- This recommendation underscores Mr. REID. I, too, am concerned about tact handled transuranic waste to be my view that DOE should continue to the situation around Lake Sakakawea disposed of at the WIPP facility? develop and test new technologies, and appreciate my colleague from Mr. DOMENICI. Mr. President, yes I which may have the potential to pro- North Dakota for bringing this to our am aware that there has been ongoing vide price and schedule savings. Since attention. I agree that the Corps of En- scientific studies in this area. 1996, our committee has recommended gineers has an obligation to address it, Mr. BINGAMAN. Mr. President, will that DOE investigate alternative melt- and I would be happy to work with my the chairman agree that as section 310 ing technologies, including the ad- colleagues to identify additional funds undergoes conference with the House vanced vitrification system, to back-up to tackle the noxious weeds around and the language is considered that it the baseline system. These rec- Lake Sakakawea. is consistent with the ongoing study by ommendations came from the National Mr. DORGAN. Mr. President, I thank the National Academy? Academy of Sciences and from DOE’s my colleague from Nevada for his sup- Mr. DOMENICI. Yes, I believe the own sponsored studies. port, and I would like to work with provision has been developed based

VerDate jul 14 2003 02:18 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.069 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11547 upon sound science and will be glad to tion that is attorney work product or other- S. 1424, ENERGY AND WATER APPROPRIATIONS, 2004: compare the National Academy report wise protected by law. With respect to docu- SPENDING COMPARISONS—SENATE-REPORTED BILL— with section 310. ments responsive to your request that re- Continued lated to the upcoming proposed rule, we Mr. BINGAMAN. Mr. President, I [Fiscal year 2004, in millions of dollars] thank the chairman for taking the agree to continue to discuss our respective positions on Congressional access to those time to discuss this matter with me. General Manda- documents. In the meantime, and not later purpose tory Total Mr. JEFFORDS. Mr. President, I than October 24, 2002, we will produce a log have agreed not to offer my amend- Outlays ...... 26,829 ...... 26,829 of documents responsive to your request that House-passed bill: ment which would have required the relate to the upcoming rules on new source Budget authority ...... 27,080 ...... 27,080 submission to the Committee on Envi- review. Finally, with respect to any respon- Outlays ...... 27,173 ...... 27,173 ronment and Public Works of a log of sive documents we locate that are not ad- SENATE-REPORTED BILL COMPARED TO— documents relating to New Source Re- dressed above, including responsive docu- Senate 302(b) allocation: ments related to the NSR ‘‘90 day review,’’ Budget authority ...... (1) ...... (1) view at the Department of Energy by a Outlays ...... (47) ...... (47) time certain. My agreement is based on we will provide these to the Committee by 2003 level: October 24, 2002, on the same basis as EPA. Budget authority ...... 1,156 ...... 1,156 a promise from the Department made Outlays ...... 1,757 ...... 1,757 If you have any questions regarding this President’s request: to my staff today. The Department has matter, please call me or have a member of Budget authority ...... 511 ...... 511 committed that this log will be deliv- your staff call me. Outlays ...... 483 ...... 483 House-passed bill: ered to me and the committee within Sincerely, Budget authority ...... 232 ...... 232 the next few days. I ask unanimous DAN R. BROUILLETTE, Outlays ...... 139 ...... 139 consent that a September 25, 2002, let- Assistant Secretary for Note: Details may not add to totals due to rounding. Totals adjusted for ter from the Department to me, as Congressional and Intergovernmental Affairs. consistency with scorekeeping conventions. Prepared by SBC Majority Staff, July 21, 2003. then chairman of the committee, be Mr. NICKLES. Mr. President, I rise printed in the RECORD following my re- in support of H.R. 2754, the fiscal year Mrs. MURRAY. Mr. President, I wish marks. This letter promised delivery of 2004 Energy and Water Appropriations to address two parts of the Senate en- the document log by October 24, 2002, bill, as reported by the Senate Com- ergy and water bill that are extremely yet the Department failed to provide mittee on Appropriations. important to Washington State: the that log. I commend the distinguished chair- environmental cleanup program, which There being no objection, the mate- man and the ranking member for impacts the Hanford Nuclear Reserva- rial was ordered to be printed in the bringing the Senate a carefully crafted tion, and the Army Corps of Engineers. RECORD, as follows: spending bill within the subcommit- First, let me express my deep appre- ciation to Chairman DOMENICI and Sen- DEPARTMENT OF ENERGY, tee’s 302(b) allocation and consistent Washington, DC, September 25, 2002. with the discretionary spending cap for ator REID for their work on this bill. As Hon. JAMES M. JEFFORDS, 2004. always, they have taken limited re- Chairman, Committee on Environment and Pub- The pending bill provides $27.3 billion sources and produced a well-balanced lic Works, U.S. Senate, Washington, DC. in discretionary budget authority and bill. That’s a big challenge given the DEAR MR. CHAIRMAN: This letter is in fur- $27.3 billion in discretionary outlays in great needs our country faces in infra- ther response to your December 19, 2001, let- structure, water, and energy. They ter to Secretary Abraham requesting certain fiscal year 2004 for the Department of Energy, the Bureau of Reclamation, have worked hard to understand the documents in the possession of the Depart- needs of my State and every State, and ment of Energy (DOE) and related to Envi- and the Corps of Engineers. ronmental Protection Agency’s (EPA) review The bill is $1 million below the sub- I thank them. I also thank the sub- of its New Source Review (NSR) program. committee’s 302(b) allocation for budg- committee staff. Clay, who is now at This supplements our earlier acknowledg- et authority and $47 million in outlays the White House, Drew, Tammy, Roger ment of your request on March 1, 2002, as below the 302(b) allocation. The bill and Nancy do a remarkable job dealing well as a letter earlier today that trans- provides $511 million more in budget with the thousands of requests from mitted certain documents that are arguably authority and $483 million more in out- Members, and I thank them as well. responsive to your request. I want to begin by talking about the Based on conversations with Committee lays than the President’s budget re- quest, and $1.2 billion in budget author- environmental cleanup program at the staff following our letter from earlier this Department of Energy. That program afternoon, we understand that the Com- ity and $1.8 billion in outlays more mittee staff is interested in what additional than the 2003 enacted level. is charged with cleaning up nuclear responsive documents DOE has located and I am concerned that there may be an sites across the country, including the what our intentions are with respect to those amendment to add $125 million in Hanford Nuclear Reservation in Wash- ington State. For many years, I have documents. Other than Congressional testi- emergency funding for the Corps of En- mony and the like, which we understand not had to fight the efforts of this and gineers. This amendment, if offered, to be covered by the Committee’s request, other administrations to under-fund will have a Budget Act violation and I the additional arguably responsive docu- this critical responsibility. ments DOE has located consist of internal will not be able to support it. This year, I am pleased that we don’t Administration communications regarding I ask unanimous consent that a table have to fight for increased funding. I the ongoing development of proposed and displaying the Budget Committee scor- final rules. think that success is due to several fac- ing of the bill be printed in the RECORD tors. First, we have a bipartisan group We understand that EPA has previously in- at the conclusion of my remarks. I dicated to you its concerns providing inter- of Senators who are committed to urge the adoption of the bill as it was nal executive branch deliberative commu- cleaning up sites in their States, and nications of this nature but has also indi- reported from committee. our group has pushed hard for this in- cated that it wants to continue to work with There being no objection, the mate- creased funding. In addition, we are the Committee on a cooperative basis. We rial was ordered to be printed in the fortunate to have the subcommittee further understand that you have reached RECORD, as follows: chairman and Senator REID as allies in agreement with EPA regarding how these in- this effort. The Department of Energy terests may be accommodated. We share S. 1424, ENERGY AND WATER APPROPRIATIONS, 2004: EPA’s wish to work out a reasonable accom- SPENDING COMPARISONS—SENATE-REPORTED BILL also deserves credit for putting forward a good budget request that puts these modation of these interests, and stand ready [Fiscal year 2004, in millions of dollars] to provide you these materials on the same funding issues behind us this year. basis as that set out in EPA’s letter to you But despite the agreement on funding General Manda- Total of today. purpose tory levels, there is another problem that is Specifically, on or before October 24, 2002, Senate-reported bill: brewing which I believe threatens the we will provide the Committee the 1996 NSR Budget authority ...... 27,312 ...... 27,312 effective cleanup of these sites. rulemaking documents responsive to Items I Outlays ...... 27,312 ...... 27,312 Like the people of the Tri-Cities, WA, through V of your December 19, 2002 request. Senate Committee allocation: Budget authority ...... 27,313 ...... 27,313 I want to make sure that dangerous With respect to documents responsive to Outlays ...... 27,359 ...... 27,359 Items II and IV of your request, we will con- 2003 level: waste is cleaned up. I am concerned tinue discussions with the Committee to Budget authority ...... 26,156 ...... 26,156 that this administration may try to Outlays ...... 25,555 ...... 25,555 reach a mutually acceptable accommodation President’s request: change the ground rules so it could de- for the delivery and protection of informa- Budget authority ...... 26,801 ...... 26,801 clare victory and walk away from the

VerDate jul 14 2003 04:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.071 S16PT1 S11548 CONGRESSIONAL RECORD — SENATE September 16, 2003 site, without doing all the clean up ports this goal. However, we should not and Dam has a crack running the en- work that’s required. That could hap- reduce the cleanup standards or threat- tire length of one monolith. That pen if the administration changes the en the safety of workers and sur- threatens the entire operation of the definition of high-level nuclear waste. rounding communities. We must exam- lock. This will require more than $8 To prevent that type of game-play- ine agreements and contracts to make million, which is twice what is in- ing, the Natural Resources Defense sure they are realistic and that they cluded in the President’s budget. I Council, NRDC, brought a lawsuit don’t rely on regulatory agreements thank the Subcommittee for providing against the Department of Energy. and technologies that do not exist an increase for the John Day Lock in That suit sought to block new DOE today. I do not want to stand here in the Senate bill. rules on the reclassification of nuclear two, three or ten years and have to ex- Here’s another example. Thousands waste. Before that case went to trial, plain that the reason some agreement of feet of the north and south jetties at the NRDC and the States offered to or contract did not meet success was the Mouth of the Columbia River have settle the issues. Unfortunately, the because it was never achievable in the been lost to storms. The loss of these Department of Justice and the Depart- first place. jetties creates greater dredging issues ment of Energy rejected that coopera- Let me close this topic by making and threatens the safety of ships and tive approach. clear that we are making progress on boats that are navigating one of the The case went to court, and the De- cleanup around the country. This is a most treacherous bars in the country. partment of Energy lost. One would ex- very challenging program that deals If left unchanged, the amount of pect the DOE to go back to the plain- with the most dangerous materials in funding provided in the budget for Bon- tiff and the states to settle the issues, the world. That often requires new so- neville Lock and Dam would result in a but that’s not what happened. Instead lutions and technologies, but our sci- $4 million penalty against the United the DOE came running to Congress, entists, engineers, and workers have States. Again, thankfully, the Senate asking for legislation to do what it risen to the occasion. At Hanford, we subcommittee increased funding and could not do in court. are nearly done removing the spent will avoid that penalty. Unfortunately, this tactic of fighting fuel from the K-basins. This work is These are just a few of the threats the states and trying to do an ‘‘end likely to be complete before the re- facing our existing, major water infra- run’’ around the other partners in the quired timeline. Early success is also structure. Clearly, the budget for the cleanup is not new for this administra- being achieved on the cocooning of re- Corps is grossly inadequate. tion. The truth is that the fastest, actors and cleanup of the plutonium We also need to remember that the most effective way to clean up these finishing plant. budget does not provide sufficient sites is for the DOE to work in partner- In short, we are starting to make funds for low-use and shallow draft ship with the States and Federal regu- real and substantive progress in this ef- ports. In fact, in some cases there is no lators. Time and time again, however, fort. In this bill, we are providing the funding to meet these needs. The Presi- this administration has tried to go it necessary funding. Now, we need the dent’s budget seems to take pride in alone to the detriment of the residents Department of Energy to take this under-funding or zeroing out funds for who live near these contaminated sites. money and work hand-in-hand with these ports and channels. There is an To make the best use of the funding regulators and communities to make apparent belief in the administration provided in this bill, the Department of the cleanup a success. that because of the low volume use of Energy needs to get back to working in The second issue I would like to ad- these harbors it would constitute an partnership with the States and Fed- dress is the budget for the Army Corps unwise use of Federal funds to keep eral regulators. A unilateral approach of Engineers. them open. This narrow view of the sit- will simply cost more money and will As Chairman DOMENICI and Senator uation abandons some of our most eco- only create further delays. I under- REID often say, we face the challenge of nomically-challenged rural commu- stand the Department and contractors an inadequate budget for the Corps nities in Washington, in Oregon, and want to get on with their work, but with every administration. In that sim- across the country. they must recognize that State and ple sense, this year is nothing new. Look at the port of Chinook in Wash- Federal regulators also have a job to However, I think we are facing a ington State where a failure to perform do. And most importantly, the people compounding crisis this year when you maintenance dredging on the Chinook who live near these sites deserve to consider: the scale of this year’s cut- channel has nearly closed the Port. It know, understand, and have input on back of the Corps’ budget, the cumu- was only because the subcommittee in- the activities taking place near their lative effect of years of inadequate tervened and the Corps responded homes. funding, and the President’s failure to quickly that the port will not be closed In a letter to Speaker HASTERT, the fund low-use/shallow draft ports. this fall and winter to fishing fleets. I Department claims the loss in court First, the President’s budget for the express my sincere appreciation to the will greatly impede the cleanup of Corps is $445 million less than our cur- work of this subcommittee for pro- waste in Idaho, South Carolina, and rent fiscal year budget. I commend the tecting the jobs relying on this port. Washington State. That simply is not chairman and Senator REID for restor- When the port of Chinook is properly true, according to the NRDC, the attor- ing $233 million of this funding. In the maintained, the annualized cost of neys general of those three States, and end, however, it creates a downward dredging the channel is about $400,000. the environmental directors of each trend at a time when we cannot afford That small investment produces major State. I strongly urge my colleagues to to ignore our infrastructure. This fund- economic benefits. The commercial and reject the Department’s request for a ing shortfall means we are not keeping recreational use of the Port’s marina change in law. up on our time-lines to construct alone bring in more than $3 million. I also strongly urge the Department projects that are already underway. It Add to that number the value of the of Energy to get back to its job of also means we are not moving ahead on Buoy Crab Company, which employs 40 cleaning up the waste, rather than new projects that are critical for ex- year-round workers and 100 seasonal wasting valuable time seeking help panding our infrastructure capability employees. It’s the second largest crab from Congress over a court case that it and expanding our ability to export processor in Washington State. And we lost. American products. cannot forget that the port is located I would also like to applaud the re- Even more troubling is the growing in a rural county that is facing some of port language in the Senate bill that backlog in our operation and mainte- the highest unemployment rates in the directs the Office of Management and nance funding. Our infrastructure is State. Budget to review the Department of falling apart around us—threatening Near Chinook is the port of Ilwaco, Energy’s cleanup agreements, con- our economy, and in some cases the which generates almost $9 million in tracting, and cost estimates. I believe lives of our sailors and boaters. commercial seafood sales. Charter boat we should press the Department and In Washington and Oregon, we have fishing generates an additional $2.8 contractors to cleanup these sites fast- many examples of Corps infrastructure million. Again, a consistent dredging er and more cheaply. Everyone sup- that is falling apart. John Day Lock program can maintain an economy

VerDate jul 14 2003 03:22 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.072 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11549 that brings millions of dollars into a long way in helping States get back on energy and water appropriations legis- rural economy and keeps our people their feet. lation. The provision affects the pro- employed. This amendment provides $65 million tection of the Rio Grande silvery min- In Oregon, they have 7 or more low- for the Corps under the operations and now. As ranking member of the Senate use, shallow draft ports. All of them maintenance account to help repair Environment and Public Works Com- are located in rural, coastal commu- damages to public facilities, such as mittee, the committee of jurisdiction nities, and none of them received fund- obstructive deposits in flood control over the Endangered Species Act, I am ing in the President’s budget. The only streams, bank erosion threatening pub- concerned about the impact this provi- bright note once again is that the sub- lic facilities, damages to other public sion will have on the future survival of committee has chosen to fund these infrastructure such as water and sewer this species. ports and to protect the jobs they sup- facilities. Additionally, funds provided In New Mexico, Federal, State and port. will allow the Army Corps to repair environmental stakeholders were in It appears that there are more than weather related damages that have oc- the midst of negotiations that would 25 ports and channels that receive curred to Federal infrastructure. yield long-term solutions to the water funding not included in the President’s Weather-related damages have oc- crisis in the Rio Grande. These nego- budget. These are ports and channels curred to public infrastructure across tiations began in response to a 10th that will remain open only because this the country that is beyond the ability Circuit Court of Appeals ruling that subcommittee decided to value jobs of local governments to repair. As I both San Juan-Charm water and native and economies in rural America. mentioned, West Virginia has recently Rio Grande water could be taken by We must find a way to get this ad- suffered devastating floods. Numerous Federal officials to meet environ- ministration and future administra- other States such as Michigan, Lou- mental conditions for the silvery min- tions to provide adequate budgets for isiana, Missouri and Illinois are still now. The discussions were recently sus- the Corps. We cannot continue to suffering from damages that occurred pended due to the time pressures underfund our existing infrastructure in previous storm events. In May of placed on the parties by the provision and fail to invest in building our econo- this year, unusually heavy rainfall oc- in this bill. mies. curred in four counties of the Upper The parties, convened by Governor I thank Chairman DOMENICI and Sen- Peninsula of Michigan causing rivers Richardson, are seeking locally driven ator REID for their support of water in- and streams throughout the area to resolutions that would both fulfill the frastructure and for their efforts on swell out of their banks, inflicting se- intent behind this provision and also this bill. vere and widespread damages. The address the conditions that precip- Mr. BYRD. Mr. President, I have greatest damages occurred in Mar- itated the need for the court’s opinion. often spoken of the grandeur of West quette County where an earthen dike These negotiations have moved very Virginia’s mountains and the abun- at Silver Lake Basin failed, sending an close to agreement on the sustainable dance of tranquil mountain streams estimated eight billion gallons of water and equitable management of water re- that gurgle quietly throughout the cascading downstream through the city sources in the Middle Rio Grande. The State. However, these same majestic of Marquette toward Lake Superior. negotiations were a great step toward mountains and streams are also con- The floodwaters destroyed or damaged collaboration and made progress under duits for disaster and devastation. numerous public and private structures the Governor’s leadership. That they When the heavy rains hit, waters from and caused unprecedented environ- have been called off, due largely to this the mountaintops surge to the valleys mental and ecological damage within provision, puts at risk a precedent for and turn once peaceful meandering the Dead River Basin and into Lake collaboration that could be a model for mountain streams into angry, raging, Superior in Marquette County. Two endangered species and river manage- muddy torrents of horror, rising up power generation facilities were dam- ment throughout the West. over their banks and destroying any- aged. One of the power generation fa- I am concerned that section 205 thing in the way. cilities, the Presque Isle plant in the would prevent the Bureau of Reclama- In West Virginia, such torrential city of Marquette, resulted in shut- tion from releasing water from its res- flooding seems to be an annual event— down for more than 30 days. Without ervoirs to maintain silvery minnow since 1993, the State has had eleven fed- power, two iron ore mines, which habitat and that without access to this erally declared disasters. In this year produce about 20 percent of our na- water, it will be more difficult to ac- alone, the State has had two federally tion’s annual iron ore output, were quire the water needed to meet the tar- declared disasters. In the latest round shut down, idling 1,200 workers. Dozens get flows in the U.S. Fish and Wildlife of devastating flooding in the state of other area businesses, institutions Service biological opinion endorsed in earlier this summer, twenty counties and private homeowners were also seri- this provision. Any action that takes were declared Federal disaster areas. ously impacted. Three of the four coun- water out of the Bureau’s hands in- Homes were damaged or destroyed, and ties affected are impoverished, with a creases the pressure on remaining the severe impact on the infrastructure majority of the population over 65 water supplies and on the silvery min- in the southern part of the State—from years of age. Local governments simply now. Negotiated water management re- roads, bridges, water and sewer, to do not have the capital to pay for the forms, not exemptions to the Endan- power sources—brought a normal way public damages. Without an infusion of gered Species Act, will best meet the of life to a screeching halt once again. Federal aid, Marquette and the other needs of all who are dependent on the I know that West Virginia is not three counties will have a difficult, if Rio Grande. alone in attempting to recoup from not impossible, task of recovering from This rider also would seek to sanc- such disasters. This year, many States this disaster. tion a biological opinion from the Fish have been impacted by floods, tor- This amendment fills a significant and Wildlife Service. The Endangered nados, ice storms, and other severe funding void to provide States expe- Species Act is a flexible tool that al- conditions of nature that have crippled dited recovery from natural disasters lows for biological opinions to adapt to individuals and communities alike. that have occurred throughout the changing circumstances and increased That is why I am co-sponsoring an United States. These funds are vitally knowledge. If this biological opinion is amendment with Senator REID in the needed, as any flood, tornado, or storm endorsed by this provision, it is likely amount of $65 million that would pro- victim can tell you, and I urge the Sen- that it would not be reopened, even if vide funding assistance through the ate to approve their inclusion in this the Service learns of more effective Army Corps of Engineers to aid im- bill. methods for protecting the silvery min- pacted States in recovering and re- I thank my colleagues for their con- now. building from recent natural disasters. sideration of this important amend- The Rio Grande silvery minnow oc- This funding, coupled with the $983 ment. curs only in the middle Rio Grande. million Federal Emergency Manage- Mr. JEFFORDS. Mr. President, I rise This species was historically one of the ment Agency recently received through to express my concern regarding sec- most abundant and widespread fishes the FY 2003 Supplemental, should go a tion 205 of H.R. 2754, the fiscal year 2004 in the Rio Grande basin, occurring

VerDate jul 14 2003 03:22 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.073 S16PT1 S11550 CONGRESSIONAL RECORD — SENATE September 16, 2003 from New Mexico, to the Gulf of Mex- caused by the loss of electrical power Mr. REID. I announce that the Sen- ico. It was also found in the Pecos generation capabilities and the envi- ator from Louisiana (Mr. BREAUX), the River, a major tributary of the Rio ronmental degradation to the area, it Senator from North Carolina (Mr. ED- Grande, from Santa Rosa, NM, down- paints a devastating picture for this WARDS), the Senator from Florida (Mr. stream to its confluence with the Rio area in Michigan. Further, this area is GRAHAM), the Senator from Massachu- Grande in south Texas. It is now com- still recovering from the flooding that setts (Mr. KERRY), the Senator from pletely extinct in the Pecos River and occurred last year. The fact that these Connecticut (Mr. LIEBERMAN) and the its numbers have severely declined counties have suffered two major disas- Senator from Georgia (Mr. MILLER) are within the Rio Grande. Currently, the ters in two years is extremely signifi- necessarily absent. species occupies only about five per- cant. I further announce that, if present cent of its known historic range. Without our assistance, Marquette and voting, the Senator from Massa- The parties to the mediation, the and the other three counties will have chusetts (Mr. KERRY) would vote Governor’s office; environmental a difficult, if not impossible, task of re- ‘‘yea.’’ groups; the conservancy district; the covering from this disaster. And the The PRESIDING OFFICER (Mr. AL- Bureau of Reclamation; several Indian health, safety, economic vitality, and EXANDER). Are there any other Sen- Pueblos; the State water engineer; and quality of life of the communities and ators in the Chamber desiring to vote? the city of Albuquerque should be able their citizens will certainly suffer for The result was announced—yeas 92, to continue their negotiations to find a years to come. nays 0, as follows: mutually agreeable solution to this I urge my colleagues to support this [Rollcall Vote No. 350 Leg.] problem, without jeopardizing the un- request for $125 million in emergency YEAS—92 funding for flood damage remediation derlying species protections provided Akaka Dodd Lott by the Endangered Species Act. assistance. Alexander Dole Lugar Mr. LEVIN. In May of this year, un- Mr. DOMENICI. Mr. President, I Allen Domenici McCain usually heavy rainfall occurred in four heretofore indicated there would be a Baucus Dorgan McConnell counties of the Upper Peninsula of my vote on a McCain amendment pre- Bayh Durbin Mikulski Bennett Ensign Murkowski home State of Michigan—Baraga, Go- ceding final passage. The Senator has Biden Enzi Murray gebic, Marquette and Ontonagon Coun- sent word that he no longer desires to Bingaman Feingold Nelson (FL) ties—causing rivers and streams offer his amendment. He withdraws it. Bond Feinstein Nelson (NE) Boxer Fitzgerald Nickles throughout the area to swell out of That means there are no amendments Brownback Frist Pryor Bunning Graham (SC) their banks, inflicting severe and wide- pending. We are ready to go to final Reed Burns Grassley spread damages. These four counties passage. Reid Byrd Gregg I ask for the yeas and nays on final Roberts are not able to absorb this disaster as Campbell Hagel they have overall unemployment and passage. Cantwell Harkin Rockefeller poverty rates higher than the state av- The PRESIDING OFFICER. Is there a Carper Hatch Santorum Chafee Hollings Sarbanes erage. sufficient second? Schumer There is a sufficient second. Chambliss Hutchison The greatest damages occurred in Clinton Inhofe Sessions Marquette County where an earthen The yeas and nays were ordered. Cochran Inouye Shelby dike at Silver Lake Basin failed, send- Mr. REID. Mr. President, I suggest Coleman Jeffords Snowe Specter ing an estimated 8 billion gallons of the absence of a quorum. Collins Johnson The PRESIDING OFFICER. The Conrad Kennedy Stabenow water cascading downstream through Cornyn Kohl Stevens central Marquette County and the city clerk will call the roll. Corzine Kyl Sununu of Marquette toward Lake Superior. The assistant legislative clerk pro- Craig Landrieu Talent Thomas Rapidly moving water and massive ceeded to call the roll. Crapo Lautenberg Mr. REID. Mr. President, I ask unan- Daschle Leahy Voinovich amounts of trees, logs and other debris imous consent that the order for the Dayton Levin Warner has severely undercut many sections of DeWine Lincoln Wyden quorum call be rescinded. the riverbank, making them unstable The PRESIDING OFFICER. Without NOT VOTING—8 and creating serious public safety and objection, it is so ordered. Allard Graham (FL) Miller environmental concerns. The question is on the engrossment Breaux Kerry Smith Damages to one of the power genera- Edwards Lieberman of the amendments and third reading of tion facilities, the Presque Isle plant in the bill. The bill (H.R. 2754), as amended, was the city of Marquette, resulted in shut- The amendments were ordered to be passed, as follows: down for more than 30 days. Without engrossed, and the bill to be read a (The bill will be printed in a future power, two iron ore mines, which third time. edition of the RECORD.) produce about 20 percent of our Na- The bill was read the third time. The PRESIDING OFFICER. The Sen- tion’s annual iron ore output, were The PRESIDING OFFICER. The Sen- ator from Pennsylvania. shut down, idling 1,200 workers. These ator from New Mexico. AMENDMENT NO. 1722 mines contribute nearly $115 million in Mr. DOMENICI. Mr. President, I ask Mr. SANTORUM. I ask unanimous personal income annually and are two unanimous consent that following the consent notwithstanding the passage of of the largest employers in Marquette passage of the bill, the Senate insist on H.R. 2754, the energy and water appro- County. Even this temporary shutdown its amendment, request a conference priations bill, it be in order to consider has had a significant negative impact with the House on the disagreeing the Bingaman amendment which is at on the local, regional, State and na- votes, and the Chair be authorized to the desk; that the amendment be con- tional economies. Dozens of other area appoint conferees on the part of the sidered and agreed to, and the motion businesses, institutions and private Senate. to reconsider be laid upon the table homeowners were also seriously im- The PRESIDING OFFICER. Without without any intervening action or de- pacted. objection, it is so ordered. bate. Current estimates of economic dam- The bill having been read the third The PRESIDING OFFICER. Without ages alone to these counties, mostly to time, the question is, Shall the bill, as objection, it is so ordered. Marquette County, are calculated at amended, pass? The yeas and nays have The amendment (No. 1722) was agreed over $100 million. There have been se- been ordered. The clerk will call the to, as follows: vere impacts to roads, bridges, cul- roll. verts, water control structures, utility (Purpose: To improve administration of the The legislative clerk called the roll. Energy Employees Occupational Illness infrastructure and environmental and Mr. MCCONNELL. I announce that Compensation Program Act (EEOICPA)) ecological damage to the waterways re- the Senator from Colorado (Mr. AL- On page 51, line 13, insert before the period: sulting from this flooding. When the LARD) is necessarily absent. ‘‘: Provided, That from the funds made avail- public damage figures, currently esti- I further announce that the Senator able under this heading for transfer to the mated at $18–20 million, are combined from Oregon (Mr. SMITH) is absent be- National Institute for Occupational Safety with those high economic impacts cause of a death in the family. and Health for epidemiological research,

VerDate jul 14 2003 04:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.074 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11551 $7.5 million shall be transferred to include which has now been hanging out here abortion and would like to see it projects to conduct epidemiological research in the Senate. We passed this several banned. That is why the vast majority and carry out other activities to establish months go. The House did also. We of people in this country are for some the scientific link between radiation expo- have sort of been on hold here because limitation on abortion. sure and the occurrence of chronic lymphocytic leukemia;’’. of this procedural motion. Depending on the poll you see, any- Now that we have agreed to allow 8 where from 15 to 23 percent of the The PRESIDING OFFICER. Under hours of debate—2 of which were last American public want abortions avail- the previous order, the Senate insists night—we will debate a couple hours able at any time during pregnancy. on its amendment, requests a con- tonight, and tomorrow morning we will Most Americans—the overwhelming ference with the House on the dis- have run a couple more hours, and majority of Americans—want some re- agreeing votes of the two Houses and then, hopefully, finish it sometime, strictions. appoints the following as conferees on maybe tomorrow evening. But the idea Now, in the Senate we did something the part of the Senate. is to get this bill to conference where I I would argue was unfortunate. A cou- The Presiding Officer (Mr. ALEX- am confident we will get a bill that ple months ago we adopted an amend- ANDER) appointed Mr. DOMENICI, Mr. will be to the liking of the vast major- ment offered by the Senator from Iowa COCHRAN, Mr. MCCONNELL, Mr. BEN- ity of the Senate as well as the House which was truly an extreme amend- NETT, Mr. BURNS, Mr. CRAIG, Mr. BOND, and the President. ment. Mr. STEVENS, Mr. REID, Mr. BYRD, Mr. With that, we will have this bill We hear so much talk about people HOLLINGS, Mrs. MURRAY, Mr. DORGAN, signed and for the first time have a who are pro-life, who are against abor- Mrs. FEINSTEIN, and Mr. INOUYE con- Federal piece of legislation to ban a tion, as being extremists. The defini- ferees on the part of the Senate. procedure which the late Senator from tion of ‘‘extreme’’ is someone who is f New York, standing at that desk right outside the norm. Well, when you have PARTIAL-BIRTH ABORTION BAN over there, referred to as ‘‘infanticide.’’ 15, 16, 17 percent holding this position, ACT OF 2003—Resumed It is a gruesome procedure which is and 85 percent holding the other posi- very difficult to talk about because it tion, it is very difficult for the 16 per- The PRESIDING OFFICER. The Sen- is so gruesome and graphic, this de- cent to say the 85 percent is extreme. ator from Pennsylvania. scription of what this procedure is all But that is what we hear on the floor Mr. SANTORUM. I ask that the Chair about. of the Senate, that those who believe lay before the House the message from It is used almost always on babies in the absolute right given under Roe the House accompanying S. 3, as under who would otherwise be born alive, who v. Wade—the absolute right—to have the previous agreement. are post 20, 21 weeks in gestation, an abortion at any point in time in a The legislative clerk read as follows: which is halfway through a pregnancy, pregnancy, for any reason—because A message from the House to accompany or later. you don’t like the color of your child’s S. 3, a bill to prohibit the procedure com- These babies are, as I said before, in eyes or because your child may have a monly known as partial-birth abortion. most cases, healthy. The mothers are cleft palate or because something hap- Mr. SANTORUM. Mr. President, we healthy. This procedure is used because pened in your personal life that has have before the Senate right now what late in pregnancy a mother decides, for upset you and you no longer wish to is usually a procedural motion. When some reason, that she no longer wants carry this child, even though you may the House passes a bill and the Senate the child within her—which is a tragic be 37 or 38 weeks along—it doesn’t mat- passes a bill and they are different, we situation to have a child that is un- ter. procedurally just move to disagree wanted. I think we all recognize the Under Roe v. Wade, and under the with the House and their provision and tragedy of that. amendment offered by the Senator go to conference, just as we did prior to But I think what most Members of from Iowa, we have said in the Sen- the calling up of this bill, S. 3. the Senate have said is that this proce- ate—I believe wrongly and unjustly— The Presiding Officer, who is sitting dure—not that she shouldn’t have the that should be the law of the land, that here for the Vice President, said we right to do it. Roe v. Wade, as inter- a woman’s right, domain over a child, were appointing conferees. preted by many subsequent Supreme is absolute until complete separation. The Senator from California has Court cases, gives a woman the abso- There are some who even argued after sought to have a debate about whether lute right to an abortion at any time separation. But, thankfully, the Senate we are going to disagree with the during pregnancy. voted last year that a child who was House and therefore go to conference. I Now, for those of you who have not born and completely separated has a don’t understand quite why this is nec- listened to debates on abortion before constitutional right. That is how far essary since it is purely a procedural in the Senate or who have not read the we have come. We actually passed a motion. I have been in the Senate not case law with respect to abortion, that bill last year which said that once a that many years. I have been here may come as a surprise to you, that child is born it has constitutional pro- about 9 years and have never had a de- Roe v. Wade, and its subsequent line of tection. That is the biggest step we bate on a motion to disagree with the cases, has developed to the point where have been able to take to protect the House and to have this kind of time there is no restriction—no restriction— life of innocent children in America. spent when everybody agrees that is on the right to an abortion up until the But what this Roe v. Wade lan- what we need to do. moment the baby separates from the guage—this language which I antici- I will support the motion to disagree mother completely. Up until that time, pate being dropped in conference—says with the House so we can go to con- the Supreme Court now has decided is that we believe in the absolute ference and come up with a bill on par- that a woman has a right to kill the right—absolute right—of a woman to tial-birth abortion that will be in a child within her. Or even, as in the case terminate a pregnancy, to kill the conference report that will then come of partial-birth abortion, the Supreme child within her, at any point in time, to the Senate that will not be amend- Court ruled that the woman has a right for any reason. That is what the law of able. to kill the child who is but an inch, 2, the land says. If we did not disagree with the House, or 3 inches completely from being sepa- Now, I would make the argument and the bill came here to the floor, we rated from the mother in the process of that Roe v. Wade, because of this twist- would have the House bill here. It being delivered. That is how extreme ing of the Constitution—it really is would be subject to amendments. We the Roe v. Wade decision is. tortuous—has done something that we would go on again for a long time and Now, I would say that for most Amer- have not seen done in this country, have debates and discussions on other icans who are listening, that is further that we have not seen done in this amendments. We would have to send it than they had thought Roe v. Wade had country since the Dred Scott decision. back to the House, and we would be taken this country, and that it is not If we think back to the Dred Scott going through this game again. where the vast majority of Americans decision—well over 100 years ago, 150 So this is just a way to bring finality are. That is why 70 percent of the peo- years ago—the Dred Scott decision was to this process of trying to get a bill ple in this country oppose partial-birth based on a misunderstanding of ordered

VerDate jul 14 2003 03:22 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.076 S16PT1 S11552 CONGRESSIONAL RECORD — SENATE September 16, 2003 liberty, of ordered rights that we laid of property—liberty rights over life I hope that 100 years from now— out in our founding documents. In the rights. The U.S. Supreme Court in the hopefully soon—people will be on the Declaration of Independence, the docu- 1850s said that was constitutional. As a floor looking back at this time and ment on which this country was found- result, many people believed that, be- saying: I can’t believe they did it ed, we made a statement as a country cause it was constitutional, it was again. I can’t believe they didn’t learn that we hold dear. The Declaration of therefore right. It was legal. It was their lesson. I can’t believe they didn’t Independence—of maybe all the docu- just. It was moral. Why? Because our see that a House divided against itself ments, of all the great works of crafts- laws are a reflection of a collective mo- cannot stand. manship of words that we have seen rality. Our laws are a reflection of The Senator from Tennessee, the put forth in this country—there are what we as a society believe is right. Presiding Officer, is honest. It has been very few that match the eloquence of At first there were a few. As Henry said many times that those who do not the Declaration of Independence. the Fifth in Shakespeare said: We few, learn from history are doomed to re- What the Declaration of Independ- we band of brothers. In this country peat the mistakes of history. And so we ence said is: We hold these truths to be there were few who stood and said: No. are, and so we will continue, I suspect. self-evident, that all men are created It may be legal, it may be seen as just But it is important that the few, we equal and endowed by our Creator with by the courts, but it is wrong. It is im- merry band of brothers, stand up, in certain inalienable rights. And then moral; it is unjust; and it is a funda- spite of what may be majorities what—this is very important. mental misunderstanding of the basis against us—and certainly the media The Presiding Officer is a great stu- upon which this country was founded. and the popular culture is speaking dent of history and maybe the greatest As Abraham Lincoln said, a house di- against us—and speak the truth that advocate for the understanding of his- vided against itself cannot stand. The our Founders laid out. tory and the knowledge of who we are separation began to grow. And more They did not say we believe or we as Americans. I would argue the Dec- and more people began to understand think we were endowed by our Creator. laration of Independence tells us more the injustice of taking the liberty They did not say it is our opinion that about who we are as Americans than rights of one to trump the life rights of these rights exist. They claimed truth. maybe any other single document. But another. There were many in this coun- They claimed truth, and they devoted what this document says is: We are en- try and many in this very Chamber their lives, their fortunes, and their sa- dowed by—not a Congress or not the who believed we could sustain that, as cred honor to fight for that truth dur- courts or not some king—our Creator, unjust as maybe they even thought it ing the Revolutionary War. the God that you worship, Allah, Jesus, was. People who came from little hamlets God of Abraham, Isaac and Jacob, a Many would have said: Well, I am all over the north and the border God who may be a God of the Hindu re- personally opposed to slavery. I would States did the same. Today, in their ligion, whatever that creator is, the never own a slave. I would never do own quiet way, millions of Americans creator God, he has given us rights by something like that. But who am I to do the same. They fight the battle. the fact that we are human. tell someone else they can’t own a They fight it with prayer chains. They What these rights consist of the Con- slave? Is that my responsibility? I may fight it at home at night and through stitution laid out. They laid them out think it is immoral, but how can I im- their prayers, through the counsel of very particularly because there is an pose my morality on a slaveholder who those who are going through troubled order to the rights that God has given has his own economic interests? He has times. They do it through the love they us. There has to be. We have the right a family to raise. He has complications feel toward those who are going to life, liberty, and the pursuit of hap- in getting his crops in. through difficult times in their lives, piness. They didn’t say the pursuit of There are exigencies out there that but they understand that the truth happiness, liberty, life. They didn’t say those who promoted slaveholding said: claim that our Founders chiseled into liberty, life, happiness. They said them We need this. We don’t like it. the Declaration of Independence will in a specific order because without that I am sure there were many people on not be forgotten in our society. ordering of liberty, without that order- both sides of the aisle who said: We We will lose many more battles. ing of rights, they make no sense. For support slavery. We don’t like it. We There is no doubt we will lose many you cannot have happiness, true happi- don’t encourage it. Yes, we think it is more battles, but ultimately, I have to ness, you cannot pursue true happiness, probably immoral. But we need to have believe, because I do believe in Amer- which the Founders really sought as this option available for people if that ica, we will win the war and reestablish truth—the ability to find what is true is what they choose. We need to give truth, justice, and righteousness— and what is right and what is just, and people the right to choose. righteousness as defined by our Found- that would in a sense make you Eventually there were enough people ers, as understood in the nature of hu- happy—you cannot pursue happiness in this country who decided they could mans. We will win that war one day. without the freedom to do so, without not let that stand. Unfortunately, we I yield the floor. Mr. President, I sug- the liberty, the right of liberty to had to fight a war to change it. gest the absence of a quorum. think and to pursue your beliefs freely. After that war, I am sure there were The PRESIDING OFFICER. The But you cannot have liberty, obvi- many in this Chamber who thought clerk will call the roll. ously, if you are not alive. If you don’t this great scourge, this black mark, The assistant legislative clerk pro- have life, then what good is liberty? this pox upon the American existence ceeded to call the roll. And if you are not alive, if you have no had been wiped away, never to be seen Mr. SANTORUM. Mr. President, I right to your own life, you can’t pursue again; that we would learn from his- ask unanimous consent that the order happiness. So life, liberty, and the pur- tory never to repeat this horrendous for the quorum call be rescinded. suit of happiness are not just words injustice, this immoral behavior as a The PRESIDING OFFICER. Without that were thrown out there because society. We would never, ever again objection, it is so ordered. they sounded lofty or because they misorder our liberties. But they were Mr. SANTORUM. Mr. President, I were rolled off the tongue in a way wrong. For today in this country, as a ask unanimous consent that the time that makes a nice impression. They are result of Dred Scott 2, the Roe v. Wade be taken equally off both sides. there because they are foundational in decision, we have seen the same thing The PRESIDING OFFICER. Without understanding how free people treat come about. objection, it is so ordered. The clerk each other, how a free society must We now have the life rights, the most will call the roll. conduct itself in order for it to prosper. important right given to us as children The assistant legislative clerk pro- What did Dred Scott do? The Dred of the Creator, crushed and hidden ceeded to call the roll. Scott decision put the liberty rights of away behind the concept of liberty. It Mr. HARKIN. Mr. President, I ask the slaveholder over the life rights of repulses us now to think that people unanimous consent that the order for the slave. It said that I, as a slave- used liberty to defend slavery. They the quorum call be rescinded. holder, could own and control you, used the right of free people to live The PRESIDING OFFICER. Without could kill you, could sell you as a piece their life freely to defend slavery. objection, it is so ordered.

VerDate jul 14 2003 03:22 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.099 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11553 Mr. HARKIN. Mr. President, I wish to are talking about. We are going to have I have often wondered, if we could take a few minutes to join with my col- a record vote on a motion to disagree have randomly picked a Senate of 100 league from California and talk about with the House version. It is my belief women or randomly picked a House of this important measure pending before that if one votes to disagree with the 435 women—I am sure there would be the Senate. House version, then they are dis- some women who would probably vote First, I applaud the Senator from agreeing with the fact that they did to do away with Roe v. Wade—but I California, Mrs. BOXER, for insisting on not put this language in their bill. would wager that the vast majority of a vote on this motion to disagree with That is the only difference. any vote held in a Chamber of 100 the House. She has been a long-time Therefore, if my colleagues vote to women would be overwhelmingly: Keep leader in the Senate and the House in disagree with the House, then they are your hands and keep your laws off my protecting a woman’s constitutional voting to agree with the Senate. If body. Keep your hands and your laws right to privacy and her right to they vote to agree with the Senate, away from my right of privacy and my choose. they agree that this language should right to choose. The motion before us is a motion to stay. Does anybody have any doubt that a disagree with the House version of the The Senator from Pennsylvania may Senate of 100 women or a House of 435 late-term abortion bill. What is the try to explain it one way or another, a women would vote differently than reason we would want to disagree with procedural vote, blah, blah, blah—all that? We would only be fooling our- the House bill? The House bill is ex- that kind of stuff—but the truth is, if selves if we thought they would vote actly the same as the Senate bill ex- my colleagues vote to disagree, the the same as the men in the Senate and cept for one key difference: It failed to only thing on which they disagree is the men in the House. And I say pick include the resolution which I offered this language supporting Roe v. Wade. them randomly. on the Senate floor, adopted in the That is why I think it is important to On January 22, 1973, the U.S. Su- Senate regarding the Supreme Court have this vote. preme Court announced its decision in decision on Roe v. Wade. The Senator from Pennsylvania says Roe v. Wade. Again, for the record, it This is the exact language that is in he is going to vote to disagree with the was a challenge to a Texas statute that the Senate bill that the House dis- House, and then try to explain it some made it a crime to perform an abortion agrees with: way. I mean, a vote is a vote. One can unless a woman’s life was at stake. It is the sense of the Senate that— try to explain it any way they want, That is what some in this Chamber (1) the decision of the Supreme Court in but the fact is this is the only dif- want us to go back to. Roe v. Wade 410 USC113(1973) was appropriate ference. Siding with Jane Roe, the Court and secures an important right; I believe most people in this country struck down the Texas law. In its rul- and (2) such decisions should not be over- believe that Roe v. Wade is a main- ing, the Court recognized for the first turned. stream, moderate decision by the Su- time that a constitutional right to pri- That is all it says. That is what the preme Court. It is one that American vacy is ‘‘broad enough to encompass a Senate adopted. That was my amend- women have come to rely on, and I be- woman’s decision whether or not to ment that I offered to the bill, and the lieve we owe it to them to insist that terminate a pregnancy.’’ Senate adopted it. This is what the it remains in this bill. It also set some rules. The Court rec- Senator from Pennsylvania said was The Senator from Pennsylvania has ognized that the right to privacy is not extreme. It is just a sense-of-the-Sen- already said they will drop it in con- absolute and that a State has a valid ate that Roe v. Wade was appropriate ference. Well, that is kind of inter- interest in safeguarding maternal and secures an important right and esting, is it not? The Senator from health, maintaining medical standards, should not be overturned. The Senator Pennsylvania has already preordained and protecting potential life. from Pennsylvania says that is ex- that no matter what we vote on in the A State’s interest in potential life is treme. Senate, they are going to drop it in not compelling until viability, the The Senator from Pennsylvania may conference. point in pregnancy at which there is a think that. From listening just a little I think every woman in America reasonable possibility for the sustained bit to him—and I have heard him talk ought to know this. Every woman in survival of the fetus outside the womb. at length on this issue on the Senate America ought to know that the Re- A State may, but is not required to, floor in the past—I am sure the Sen- publican leadership—and the Senator prohibit abortion after viability. Let ator from Pennsylvania believes Roe v. from Pennsylvania is in the Republican me repeat that. A State may—it is not Wade was an extreme decision. It is his leadership—has said: We do not care required—prohibit abortion after via- right to think that. I do not say he what the Senate said, we are going to bility, except when it is necessary to cannot think that if he wants to, but drop this language. protect a woman’s life or health, and that is not what the majority of people Can there be any doubt in any Amer- that is the difference. in this country believe. It certainly is ican woman’s mind that their right to This is what the Supreme Court said: not the way the vast majority of privacy, their right to choose, hangs by The stage subsequent to viability, the women in our society feel. a thin thread? State in promoting its interest in the poten- Again, this passed the Senate 52 to The vote in the Senate was 52 to 47. tiality of human life may, if it chooses, regu- 47. It passed the Senate before in the Someone was missing. But a few votes late, and even proscribe— same version. About 4 or 5 years ago, here, a few votes there in the coming Prohibit— we passed the same thing, a sense of election, and I can guarantee that the abortion except where it is necessary in ap- the Senate that Roe v. Wade should not right to choose for every young woman propriate medical judgment— be overturned. So, again, the only dif- in America will be taken away. This Interesting, the Court said medical ference between the House and the Sen- Congress and this President will see to judgment; they did not say legislative ate bills is simply this: The House does it that Roe v. Wade is overturned. They judgment— not have this language in it, so, again, will see to it. for the preservation of the life or health of to go to conference with the House we Every woman ought to know that the mother. have a vote to disagree with what the whether they think abortion may be Very important words. House did. right or not, that is not the point. The Some people, when they get all If we agreed with what the House did, point is whether a woman should have ‘‘rhetoricked’’ about this issue, say we would have no need for the con- control over her own reproductive sys- that a woman can choose at any point, ference. We would send the bill to the tem or should some man have control even up to minutes before the child is President. For example, if the House over it? Or should a Supreme Court born, to terminate her pregnancy. That had included this language in their bill, have control over it? Or should a legis- is not what the Supreme Court said. we would not be here tonight talking lative body such as a Senate or a The Supreme Court said the State may about this. It would already have gone House—comprised mostly of men, I even proscribe—prohibit—after viabil- to the President and he would have might say—tell a woman what her re- ity ‘‘except where it is necessary, in signed it into law. So that is what we productive rights are? appropriate medical judgment, for the

VerDate jul 14 2003 04:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.103 S16PT1 S11554 CONGRESSIONAL RECORD — SENATE September 16, 2003 preservation of the life or the health of our youth that the well-to-do, the peo- ception for the health of the mother: the mother.’’ ple who were well situated, had access. Zero, no exception. So we see what the Senator from They always had a friend, they had a The whole concept of late-term abor- Pennsylvania and those who want to do doctor who would perform it and not tions obviously is not something any- away with Roe v. Wade are saying. say anything. They would pay him and one relishes. I do not. It is not some- They are saying: Look, we do not trust that would be the end of it. To say oth- thing that conjures up pretty thoughts. medical judgment, we do not trust a erwise, to say that never happened, But neither does conjuring up the woman, and we do not believe that the stretches credulity. We know that. And thought of a woman for whom, in the health of the mother should be in here. we all know cases of it happening. judgment of medical experts, this is ‘‘Life,’’ maybe, but not ‘‘health of the No, it was not the well-to-do. They the safest procedure to protect her mother.’’ That is the difference. That had their own special doctors who health, and the woman can’t have this is the key. Again, is that really ex- could keep things quiet. It was poor procedure done and may lose her abil- treme? women, women without connections, ity to ever have a child again. Oh, I hear the arguments. They say, women who lived in small towns in A few years ago I met from my neigh- ‘‘Health of the mother? Why, the rural Tennessee and rural Iowa who boring State of Illinois a woman who woman can say anything. Why, a didn’t have that kind of access, poor came to Iowa to speak to me when this woman can say, ‘I may break out in a women who lived in cities and urban issue came on the floor. She went pub- hot sweat if I don’t end this pregnancy. areas who resorted to these back-alley lic. In other words, she came out in the Maybe my big toe hurts; therefore, I abortions because they didn’t have the public. She is happily married. She had have to have an abortion.’’’ ‘‘connections.’’ this late-term abortion procedure, this Again, what this gets back to is a Sometimes I feel there are many who D-and-X procedure it is called, per- mistrust of women, that somehow a want to overturn Roe v. Wade because, formed because she had a serious woman cannot make that decision as you know, deep down inside they know health problem. Whether or not it is true, the doctor to how it affects her health; that some- if it ever came to them or their fami- told her this was the safest procedure how a man, a legislator, a legislative lies and they were confronted with a for her; that if, in fact, she did not body, has to then intervene because, situation where their loved one—a have this procedure, the other two pro- you see, you can’t trust women to wife, a spouse, a mother, a daughter, a cedures that were left—one of them make that decision. sister—for health reasons had to termi- I trust women to make that decision. being a hysterectomy, and I don’t re- nate a pregnancy, for health reasons I have never in all my years ever member what the other one was— wanted to terminate a pregnancy, they talked to a woman who has had an would obviously leave her incapable of could get it done because they have abortion who took it lightly, willy- every having children again. She told connections. Don’t you see? We all nilly, just a little procedure and move me what a painful decision this was for kind of have these kinds of connec- on. This is one of the most profound, her to give up this fetus that she had tions, if you are well connected like a traumatic, life-changing decisions a carried for several months. She spoke Senator or a Congressman, people with woman will ever have to make. It is to me in heart- wrenching detail about not made lightly. It is made under financial resources. how painful this was for her. But they We can do away with Roe v. Wade, great anguish, with great thought and made that decision. She made that de- but if it ever happened to my sister, contemplation. cision with her husband, with her reli- So I guess when it comes down to my daughter, and it was health, and I gious counsel, and she had this late- that, I say I put my trust in women to knew it was going to affect her health term abortion procedure done by a make that decision. Not me. It is not for the rest of her life—well, we would qualified doctor in a hospital in sani- going to happen to me. I will trust the find somebody to take care of it, don’t tary conditions with good medical per- woman, with her husband, her family, you know. sonnel around her. And her and her her doctor, her priest, rabbi, minister— Again, it is back to poor women. Un- husband went on to have more chil- whatever religious faith she may be— fortunately, what is lost in this rhet- dren—beautiful children. but ultimately it is up to the woman to oric is the real significance of the Roe Who am I as a Senator to have gone make that decision. decisions. Here is what the Supreme to that woman and said: You can’t do That is what this is all about, isn’t Court said, again, just 3 years ago in that. I don’t care what your doctor it? When you cut down through all of Stenberg v. Carhart. This was the Ne- says. It makes no difference. It makes it, get rid of all the rhetoric, it gets braska law. Nebraska had passed a law no difference how your health is going down to whether women can be trusted banning abortions except to save the to be affected. It makes no difference to make these decisions. That is what life of the mother. whether you can ever have a child my resolution said. It said Roe v. Wade Here is what the Supreme Court said again. You cannot have that procedure was an appropriate decision and should 3 years ago. The governing standard re- done. not be overturned. quires an exception: That is what we are saying here, Before the 1973 landmark ruling of . . . where it is necessary in appropriate folks. That is what we are saying to Roe v. Wade, it was estimated that medical judgment for the preservation of the this woman. We don’t care what the each year about 1.2 million women re- life or health of the mother. doctor says. We don’t care what the sorted to illegal abortion, despite the That is what the Court said 23 years medical judgment is. We don’t care known hazards of frightening trips to prior to that in Roe v. Wade. That is how badly your health may be affected. dangerous locations in strange parts of exactly what it said. So the Supreme You can’t have that done. the city, of whiskey used as an anes- Court in 2000, in the Nebraska case, As a Senator, I am going to tell a thetic, of ‘‘doctors’’ who were often said here is the governing standard. woman that? Some people around here marginal or unlicensed practitioners, Then they said: may want to play God. Some people sometimes alcoholic, sometimes sexu- Our cases have repeatedly invalidated stat- around here may want to play dictator ally abusive, under unsanitary condi- utes that, in the process of regulating the and dictate to women what they can tions, with incompetent treatment. methods of abortion, imposed significant and cannot do. That is not my role. Many times there were infections, health risks. That is why the longer we look at Roe hemorrhages, disfigurement, and Once again the Supreme Court has v. Wade, and the decision that was death. said: made by the Supreme Court—and when By invalidating the laws that forced Our cases have repeatedly invalidated stat- we read the Nebraska case—it becomes women to resort to back-alley abor- utes that, in the process of regulating the clearer and clearer that the Supreme tions, Roe was directly responsible for methods of abortion, impose significant Court made a very wise decision in saving women’s lives. It is estimated at health risks. 1973. They set up a trimester system. least 5,000 women died yearly from ille- That is why this late-term abortion When they set up the viability, the gal abortions before Roe v Wade. bill before us I am sure will go to the State does not have an interest. But Who were these women? They were Supreme Court and it is going to strike after viability, States may even pro- not the well-to-do. We all know from it down. Why? Because there is no ex- hibit an abortion except to save the life

VerDate jul 14 2003 03:22 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.105 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11555 or the health of the mother. The longer They don’t believe it could happen. I Aside from partial-birth abortion, it that we have to look at what has hap- hate to disappoint these young women. is becoming increasingly clear that the pened with Roe v. Wade the more clear The vote here was 52 to 47. It was impact abortion has on this society, on it becomes to this Senator that that that close. It could be overturned. This the people, and particularly on the really was a very wise decision. Senate, this House, and this President women who have had abortions, is This decision is profoundly private. could overturn that and take it away itself profound. As I said, it is life altering. As the and turn the clock back. And that is I will talk briefly about the impact of Court understood, without the right to what some want to do. having an abortion on a woman. There make autonomous decisions about a I have no doubt that the Senator are an increasing number of studies pregnancy, a woman cannot participate from Pennsylvania is sincere in his be- coming forward about the woundedness freely and equally in society because liefs. I don’t doubt that for a minute. that takes place to a woman. Roe v. Wade not only establishes a And he is certainly entitled to his be- I mention to my colleagues and to woman’s reproductive freedom, it was liefs. He is not entitled to force the those watching a particular Web site also central to women’s continued women of America to believe as he titled ‘‘Women Deserve Better.’’ I have progress toward full and equal partici- does. The women of America ought to met with the leadership from this pation in American life. make their own choices and not have group. A number of the women have In the 30 years since Roe v. Wade, the us make them for them. had abortions—some of them have variety and level of women’s achieve- I yield the floor. I suggest the ab- not—and deeply regret it, going ments have reached higher levels. Now sence of a quorum. through years of suffering, emotional the Supreme Court in 1992 observed The PRESIDING OFFICER. The suffering, personal suffering, physical this. They said: clerk will call the roll. suffering, as a result. They have now The ability of women to participate equal- The assistant legislative clerk pro- said: We were not told the story at that ly in the economic and social life of the Na- ceeded to call the roll. time. We were not told the truth of the tion has been facilitated by their ability to Mr. BROWNBACK. Mr. President, I amount of suffering we would go control their reproductive lives. ask unanimous consent that the order through. We were told this would take That is why I believe the freedom to for the quorum call be rescinded. place and it would be quick and easy choose is no more negotiable or should The PRESIDING OFFICER (Mr. TAL- and it would be over with and that be no more subject to the whims of the ENT). Without objection, it is so or- would be it. And it is far from the Senate or the House than the freedom dered. truth. to speak or the freedom to worship. It Mr. BROWNBACK. Mr. President, I I cite one study from their Web site is a matter of trusting women to make rise to speak on the issue of banning ‘‘Women Deserve Better,’’ talking the right decision. partial-birth abortion in the United about psychological and emotional I strongly urge my colleagues to vote States. complications reported in a 1994 survey to disagree with the House version of We have a unique opportunity to end of women who had abortions and the bill but not to do it in some phony this grisly practice of partial-birth sought counseling, finding they experi- sense; that somehow we are going to abortion in this country. Sadly, some enced a range of problems. These are vote but that is not what I mean. I in this Chamber have delayed a vote to the women who have had abortions, in- think votes around here have con- send this bill to conference and then to cluding increased use of drugs and/or sequences. They have meaning. That is the President. That is what needs to alcohol to deaden their pain, recurring the language. The sense of the Senate take place. This has passed the body insomnia and nightmares, eating dis- that the decision of the Supreme Court repeatedly. The President is ready to orders that began after they had the in Roe v. Wade is appropriate and se- sign it. It is time to move forward on abortion, suicidal feelings, and many cures an important right, and such de- this issue. even attempted suicide. This is a re- cisions should not be overturned. That This is an important milestone. This port they have cited. is all it says. The House would not will be the first time since the Su- They went on to also cite who is at adopt that. The House wouldn’t adopt preme Court decision of Roe v. Wade high risk for developing serious emo- that. that the Congress will have curtailed tional and psychological problems fol- It is my hope that the conferees will in any way the practice that results in lowing an abortion. They list a number preserve the Roe v. Wade resolution. the death of an innocent human being of groups. One was women who had But again, it is the Republican leader- and the emotional wounding of the abortions after 12-weeks’ gestation. ship that runs the Senate and runs the mother. In this process, both are vic- That is certainly the case in partial- House. It is the Republican leadership tims—the child and the mother. birth abortions where you have a ges- that repeatedly wanted to restrict a The partial-birth abortion procedure, tation that would be over 12 weeks. woman’s right to choose. It is the Re- which former Senator Moynihan called People should look at this. I ask publican leadership that says the lan- the closest thing that he had seen to unanimous consent to have this print- guage of Roe v. Wade is extreme, and infanticide, is something that needs to ed in the RECORD at the end of my com- that every woman in America ought to be banned once and for all. This comes ments. understand that—especially young from both sides of the aisle. This comes The PRESIDING OFFICER. Without women whose lives are ahead of them, from the American public. The vast objection, it is so ordered. who have grown up with more freedom, majority of the American public, over (See exhibit No. 1.) more avenues open to them to fulfill 77 percent, support banning this proce- Mr. BROWNBACK. We have two vic- their choices in life as to who they dure of partial-birth abortion. They see tims here: the child and the woman. want to be and what they want to do this as it is, as clearly the late-term I am also particularly concerned that than was ever available to women in killing of a child. And it ought to be the widespread acceptance of this bru- my generation. stopped. It should have no place in a tal practice of partial-birth abortion I think many young women in Amer- civilized country. It should have no has already significantly coarsened ica today just take it for granted that place in a country such as the United public attitudes toward human life in if they should ever find themselves in a States which stands for human rights general, particularly toward the most situation where they might seek an and the dignity of the individual. vulnerable in our society, whether they abortion, they will be able to do so. I believe the true mark of a civilized are the unborn or old and infirm. This I talk with young women. I recently society is not the level of human dig- coarsening of public attitude over the came off a political campaign last nity that it confers on the strong and past several years has made other as- year. I had many young women talk wealthy. Its true mark is on how much saults against the dignity of human about this time after time after time— it confers on the vulnerable and on the life possible, assaults such as partial- college-age women, young women who oppressed. Clearly, an abortion proce- birth abortion, euthanasia, assisted say to me: There is no way that they dure that dismembers and kills a par- suicide, destructive embryo research, are ever going to take away my right tially born human being has no place and now even human cloning where we to choose; it just won’t happen. in a civilized society. would research on humans, we would

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.108 S16PT1 S11556 CONGRESSIONAL RECORD — SENATE September 16, 2003 patent a person and then research on ciety. It is hurting the people involved. 4. Abortion increases a woman’s risk of them. It is hurting the child who is killed in breast cancer by 30%. Furthermore, new studies in groups this process. And it is hurting every- 5. Childbirth actually protects against can- are coming forward addressing the hor- cer of the reproductive system. one. 6. After an abortion there is a higher risk rible impact, as I noted earlier, on Elizabeth Cady Stanton, one of the of developing cervical, and ovarian cancer. women who have had abortions and women depicted in the Portrait Monu- 7. Abortion can lead to infertility, a seri- what this abortion’s impact is on the ment, foresaw this awful view of ous long-term complication that often goes woman. human life in a letter she wrote in Oc- undetected for many years. We all have a duty, an obligation, as tober to Julia Ward Howe in October of 8. Abortion can lead to complications in fu- citizens of the United States to stand 1873. She said: ture pregnancies including: premature birth, placenta previa, and ectopic pregnancy. up against the moral outrage of abor- When we consider that women are treated tion. Human life is sacred. It is a pre- 9. In the 2 years following an abortion as property, it is degrading to women that women have a death rate twice as high as cious gift. Human life is not something we should treat our children as property to women who continue with their pregnancies. to be disposed of by those with more be disposed of as we see fit. 10. A woman who undergoes an abortion power. Yet one of the most extreme as- That was in 1873. That quote is appli- has a suicide risk six times higher than saults against human dignity is made cable today. The Congress must speak women who have given birth to a child. against some of the most innocent against this degradation of human life. 11. It is minorities who suffer from the among us. Whether from the first mo- These are life issues of enormous con- greatest number of serious complications ments of life, to the moments just be- sequence and they are issues by which and death after abortion. fore birth, a child is a precious and 12. Psychological and emotional complica- history and eternity will judge us. tions reported in a 1994 survey of women who unique gift, a gift never to be given or Finally, I would like to close with a had abortions and sought counseling found to be created again. quote from Mother Teresa, one of my that they experienced a range of problems It seems, therefore, that in some personal heroes. Her concern for the including: increased use of drugs and/or alco- measure this debate is about whether poorest of the poor and her service to hol to deaden their pain, reoccurring insom- or not that child prior to birth is a them was above reproach. Her work is nia and nightmares, eating disorders that child at all. That really is the central being carried on today in India and began after the abortion, suicidal feelings, question. Is that child, before birth, a around the world. I am sure it is going and many even attempted suicide. child at all? Is this young human a per- 13. Who is at high risk for developing seri- to be carried on for years to come. ous emotional and psychological problems son or is it a piece of property? That is She once said this: following and abortion? Teenagers; Women the real debate. One has to conclude Many are concerned with the children of who already have children; Women who have this child is a child; it is not property. India, with the children of Africa where abortions after 12 weeks gestation; Women This harkens back to the slavery de- quite a few die of hunger, and so on. Many who feel pressured into the abortion; Women bate. people are also concerned about the violence struggling with value conflicts. I also point out there is new evidence in this great country of the United States. This information is important for every on this, as well. We try to debate: Is These concerns are very good. But often woman to know, but it is especially relevant the child in the womb a child or prop- these same people are not concerned with for parents of teens because of the impact erty? the millions being killed by the deliberate abortion can have on a minor’s emotional health, physical health, fertility, and future I note a news article that came out decision of their own mothers. And this is the greatest destroyer of peace today—abor- pregnancies. Sunday in this country in the Chicago tion which brings people to such blindness. REFERENCES Sun Times—and also in Australia in And that is why this practice must be Sunday’s Herald Sun—which reported 1. Alan Guttmacher Institute 1994 study ended. entitled: ‘‘Unintended Pregnancy in the that Dr. Stuart Campbell, professor Mr. President, I say to my col- United States.’’ and chair of the Department of Obstet- leagues, this practice is going to be 2. This is based on a complication rate of rics and Gynecology in the Fetal Medi- ended. It is going to end this year. 11% and assuming the yearly abortion rate is cine Unit at St. George’s Hospital in 1.3 million U.S. women a year. Most abortion When this body passes this bill, when London, a man who pioneered 3–D advocates claim the complication rate is the conference finally meets, when the ultrasound technology in 2001, said he only 1%, but this is inaccurate when the data conference report comes back and the has seen fetuses moving their fingers is analyzed. According to the Royal College conference report is passed, when the as early as 15 weeks’ gestation, of Obstetricians and Gynecologists in the President signs this into law, this prac- UK, the immediate physical complication yawning at 18 weeks, and smiling and tice is going to stop. rate from abortions is at least 11%, pri- crying at 26 weeks. We are seeing this It is going to be the point in time marily infections that can lead to a host of done at 31⁄2 months. when we as a country start waking up other problems including pain and infer- Doctors currently believe fetuses tility. The UK statistics have been recently cannot feel pain until at least 12 weeks’ and looking at the huge cost of taking published in January of 2001. See: Royal Col- gestation when the fetus’s nervous sys- these young lives, of what it has done lege of Obstetricians and Gynecologists (UK). tem is formed, but we are finding more to us, what it has done to the children, The care of women requesting induced abor- and more, earlier and earlier, that what it has done to the mothers in- tion: 4. Information for women. 2000. what this child is feeling, seeing, and volved, and what it has done to us as a 3. For an extended list of research studies society. documenting these health risks and many knowing, moving their fingers at 15 others, please see Detrimental Effects of weeks—is that a child that moves But, thankfully, this procedure is going to end this year. I think then we Abortion: An Annotated Bibliography With those fingers or is it a piece of prop- Commentary Ed. Thomas W. Strahan, pub- erty? Is it a robot? Is it a blob of tissue as a country—and we are now—will lished by Acorn Books, Springfield IL,  or is it a child? start waking up, saying: It just isn’t 2001. What impact does it have on the right to take this child’s life. You end 4. Brind J, Chinchilli VM, Severs WB, mother if that child’s life is termi- up with two victims, one dead and one Summy-Long J. Induced abortion as an inde- nated? At any point in time from that wounded, in the process. pendent risk factor for breast cancer: a com- Mr. President, I yield the floor. prehensive review and meta-analysis. Jour- point forward, what impact does it nal of Epidemiology and Community Health EXHIBIT 1 have on the mother when that child’s 1996 Oct. 50(5):481–496. life is terminated? Imagine yourself, ABORTION HURTSWOMEN—MEDICAL AND It is important to note that abortion advo- what impact does it have on you when PSYCHOLOGICAL TALKING POINTS cates completely deny these findings, this your child’s life is ended? What impact 1. 43% of American women will have at includes many researchers in the U.S. med- does that have when you back it up in least one abortion by age 45. ical community. But a careful study of inter- time? It has a profound impact on the 2. In the U.S., over 140,000 women a year national literature indicates a strong cor- individuals involved. It has a profound have immediate medical complications from relation between abortion and breast cancer. abortion. Much like tobacco companies in the past impact on society. That is why this 3. This includes problems such as: infec- have simply denied that cigarettes endanger process must be ended. That is why we tion, uterine perforation, hemorrhaging, cer- the health of their customers, abortion advo- must stop partial-birth abortion. It is vical trauma, and failed abortion/ongoing cates simply deny any research that indi- hurting everyone. It is hurting the so- pregnancy. cates that abortion is harmful to women’s

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.112 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11557 health and increases their risk for breast PO Box 7348, Springfield, IL 62791–7348. It is my financial interest. I have no financial in- cancer. important to note that many in the psy- terest in Halliburton of any kind and haven’t 5. Albrektsen G, Heuch I, Tretli S, Kvale G. chiatric community deny any serious emo- had, now, for over three years. Is the risk of cancer of the corpus uteri re- tional trauma after an abortion, but this has After he made that statement, my duced by a recent pregnancy? A prospective happened under similar circumstances be- curiosity led me to take a look at the study of 765,756 Norwegian women. Inter- fore. It took years for the medical commu- national Journal of Cancer 1995 May nity to recognize Post Traumatic Stress in Vice President’s financial disclosure 16;61(4):485–90, p. 485. Vietnam veterans; ironically women who records. What I saw in those reports 6. La Vecchia C, Negri E, Franceschi S, have undergone abortion often fit the profile was completely at odds with what he Parazzini F. Long-term impact of reproduc- of someone suffering from Post-Traumatic said on television Sunday morning. tive factors on cancer risk, International Stress according to the Diagnostic and Sta- Vice President CHENEY’s official finan- Journal of Cancer 1993 January 21;53(2):215–9, tistical Manual IV (standard for diagnosis of cial disclosure filings with the Office of p. 217. psychiatric illness in the United States). Government Ethics reveals that not Albrektsen G, Heuch I, Tretli S, Kvale G. 13. The Post Abortion Review, 2, (3): 4–8, only does the Vice President continue Is the risk of cancer of the corpus uteri re- Fall 1994, published by the Elliott Institute, duced by a recent pregnancy? A prospective Springfield, IL. See also Forbidden Grief: to have financial ties to Halliburton study of 765,756 Norwegian women. Inter- The Unspoken Pain of Abortion by Theresa but also that Halliburton is continuing national Journal of Cancer 1995 May Burke, Ph.D, Acorn Books, Springfield, IL,  to provide personal financial benefits 16;61(4):485–90, p. 485. 2002 for more information on the emotional to the Vice President. Kvale G, Heuch I. Is the incidence of and physical pain women go through after an In the years 2001 and 2002, the Vice colorectal cancer related to reproduction? A abortion. President received large ‘‘deferred sal- prospective study of 63,000 women. Inter- Statistics and citations taken from a com- ary’’ payments from Halliburton. In national Journal of Cancer 1991 February pilation of studies in: Women’s Health after 2001, Halliburton paid Vice President 1;47(3):390–5, p. 392. Abortion: the Medical and Psychological CHENEY $205,298 in salary, and in 2002 7. Frank P, McNamee R, Hannaford PC, Evidence by Elizabeth Ring-Cassidy and Ian Kay Cr, Hirsch S. The effect of induced abor- Gentles. Published by the Toronto based de Halliburton paid Vice President CHE- tion on subsequent fertility. British Journal Veber Institute for Bioethics and Social Re- NEY $162,392 in salary. He is scheduled of Obstetrics and Gynaecology 1993 search 2002. Page 52 makes a very important to receive similar payments this year, June;100(6):575–80. note on this highly politicized issue: ‘‘There 2003, and in 2004 and 2005. That is a Heisterberg L, Kringelbach M. Early com- is a marked tendency in the North-American pretty strong ‘‘financial tie,’’ in my plications after induced first-trimester abor- literature on abortion for researchers to view. If you ask every-day Americans if tion. Acta Obstetricia et Gynacologica minimize their own findings. Those inter- Scandanavica 1987:66(3):201–4, p. 204. someone has a financial interest in a ested in the subject are well advised to read company that pays them annual com- 8. Barrett JM, Boehm FH, Killam AP. In- the numerical data and compare them care- duced abortion: a risk factor for placenta fully with the abstract or conclusions, rather pensation, I am certain the answer previa. American Journal of Obstetrics and than relying on either the abstract or con- would be universally ‘‘yes.’’ Gynecology 1981 December 1;141(7):769–72. clusions alone. Comparisons are also rec- Deferred salary is not a retirement Rose GL, Chapman MG. Aetiological fac- ommended with literature from European benefit or a payment from a third- tors in placenta praevia—a case controlled countries, particularly Great Britain and the party escrow account but, rather, an study. British Journal of Obstetrics and Gyn- Scandinavian countries, where population ongoing corporate obligation that is ecology 1986 June;93(6):586–8. size and sophisticated medical linkage data Taylor VM, Kramer MD, Vaughan TL, Pea- paid from company funds. If a company bases make data collection more accurate cock S. Placenta previa in relation to in- were to go under, the beneficiary could and comprehensive.’’ duced and spontaneous abortion: a popu- lose the deferred salary. Mr. BROWNBACK. Mr. President, I lation-based study. Obstetrics and Gyne- In an attempt to mitigate the Vice suggest the absence of a quorum. cology 1993 July;82(10:88–91; p. 91. President’s continuing financial inter- The PRESIDING OFFICER. The Michalas S, Minaretzis D, Tsionou C, Maos est in Halliburton, his financial state- G, Kioses E, Aravantinos D. Pelvic surgery, clerk will call the roll. ment disclosure form says he ‘‘ac- reproductive factors and risk of ectopic preg- The assistant legislative clerk pro- quired’’ an insurance policy ‘‘to ensure nancy: A case controlled study. Inter- ceeded to call the roll. that he will receive the equivalence of national Journal of Gynecology and Obstet- Mr. BROWNBACK. Mr. President, I his remaining deferred compensation rics 1992 June;38(2):101–5, pp. 101, 103. ask unanimous consent that the order Luke B. Every Pregnant Woman’s Guide to account with Halliburton.’’ The terms for the quorum call be rescinded. Preventing Premature Birth. 1995 [foreword of this insurance policy, its costs, and The PRESIDING OFFICER. Without by Emile Papiernik], New York: Times who paid for it are still unclear. objection, it is so ordered. Books; p. 32. In addition, Vice President CHENEY 9. Reardon, David C., Philip G. Ney, Fritz f continues to hold 433,333 unexercised Scheuren, Jesse Cougle, Priscilla K. Cole- Halliburton stock options. At the end man, and Thomas W. Strahen, Deaths Asso- MORNING BUSINESS ciated With Pregnancy Outcome: A Record of 2002, Vice President CHENEY’s finan- Linkage Study of Low Income Women. Mr. BROWNBACK. Mr. President, I cial disclosure form stated he contin- Southern Medical Journal. Vol. 95. No. 8. ask unanimous consent that the Sen- ued to hold these options, although the Aug 2002. ate proceed to a period for morning exercise prices are above the com- This statistic is important to note because business. pany’s current stock market price. many of these deaths are due to complica- The PRESIDING OFFICER. Without Even though these exercise prices are tions from the abortion and are documented objection, it is so ordered. as such. Thus, the presenting cause of death above current values, these options will be the complication, not the abortion f could in the future bring a substantial that caused it. windfall, if Halliburton’s earnings in 10. Gissler M, Kauppila R, Merlainen J. VICE PRESIDENT CHENEY’S TIES stock value continue to grow as it ben- Toukomaa H, Hemminki E, Pregnancy-asso- TO HALLIBURTON efits from large government contracts. ciated deaths in Finland 1987–1994; register Mr. LAUTENBERG. Mr. President, I This morning, I looked at a chart linkage study, British medical Journal 1996 rise to discuss a disturbing develop- that showed Halliburton’s stock value December 7, 313(7070):1431–4. and its growth from October of last 11. Goldner TE, Lawson HW, Xia Z, Atrash ment that has just come to light. This Hk. Surveillance for ectopic pregnancy— development questions Vice President year until the current time. It has United States, 1970–1989. Morbidity and Mor- CHENEY’s continuing financial ties to grown by about 75 percent while the tality Weekly Report, Centers for Disease Halliburton, the oil services company rest of the industry has remained flat Control Surveillance Summary 1993 Decem- he once headed. over the years. ber; 42((SS–6)):73–85. This past Sunday, the Vice President These options could bring, as I said, a Council on Scientific Affairs AMA. Induced made the following statement to Tim substantial windfall if earnings in termination of pregnancy before and after Russert on ‘‘Meet the Press.’’ I quote stock values continue to grow—I re- Roe v Wade. Trends in the mortality and peat—because of the value I find people morbidity of women. Journal of the Amer- from that statement. The Vice Presi- ican Medical Association 1992 December dent said: have placed on Halliburton stock re- 9;268(22):3231–9. Since I left Halliburton to become George sulting in some pretty good contracts 12. The Post Abortion Review, 2, (3): 4–8, Bush’s Vice President, I’ve severed all of my they have gotten in dealing with issues Fall 1994, published by the Elliott Institute, ties with the company, gotten rid of all of in Iraq.

VerDate jul 14 2003 04:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.160 S16PT1 S11558 CONGRESSIONAL RECORD — SENATE September 16, 2003 The Vice President has signed an an unusually hot, dry summer. We The pending supplemental request is agreement, he said, to donate any prof- have also been plagued with wildfires now totally inadequate in light of what its from these stock options to charity, this year. In fact, the lion’s share of has transpired over the last month. If and has pledged not to take any tax de- the fires has been in my State. I want we were to approve only the pending duction for the donation. Alter- to speak for a moment on something I administration request, we would leave natively, he doesn’t have to pay taxes think has great importance—the need the Forest Service and the Department on the value growth he would have oth- to provide additional funds to the For- of the Interior with a combined short- erwise paid. But should Halliburton est Service and the Department of the fall in other programs of between $550 stock prices increase over the next few Interior to pay for the cost of fighting and $600 million. years, the Vice President could exer- this year’s wildfires. What would be the impact of this? In cise the stock options for substantial Nationwide, the numbers are stag- a word—substantial. The issue is not profits benefiting not only his des- gering. Once again, we have suffered a whether fires will or won’t be fought ignated charity but also providing Hal- terrible fire season. Little does Amer- when necessary. Both agencies will liburton with a substantial tax deduc- ica know, 27 firefighters lost their lives continue to protect life, property, and tion. this year in the line of duty. Over 789 the important natural resources wher- The issue is simple. Vice President homes and other structures have been ever possible. The issue is what won’t CHENEY claims he has no financial ties destroyed, and 2.8 million acres have get done if we fail to repay the ac- to Halliburton, but his own financial burned. During the recent Labor Day counts that have been raided. disclosure report says otherwise. The weekend, 25,000 firefighters were work- Last year, we were in a similar situa- American people deserve to know ing on fires in every State in the West. tion. Both the Forest Service and the about this relationship with Halli- As in 2000, my home State of Mon- Interior borrowed heavily from nonfire burton. He may argue he has struc- tana has been hit by the largest share accounts. This caused both agencies to tured deals to minimize his financial of the damage. In fact, for much of the stop work on certain things until those windfall from his Halliburton arrange- summer, half of the total acres burning amounts were repaid and that account ments, but he clearly still has ‘‘finan- in the whole Nation were burning in replenished. In the end, we only repaid cial ties’’ to the company. Montana. So far we have lost 600,000 about 60 cents on every dollar bor- The fact that Halliburton received an acres, and the fire continues today. rowed, which was the amount proposed enormous contract without a competi- Weather conditions, with cooler tem- by the administration in its supple- tive bid or public disclosure—it was the peratures and 2.5 inches of rain this mental request. subject of debate which we had on this week reported in Big Fork, MT, have The impacts of this shortfall were floor—it was then agreed that all con- helped. But there are still 20 fires that very real, but the agencies managed to tracts dealing with Iraq and its recon- have the potential of blowing up unless keep most programs above water by struction would be part of the public the moisture continues. managing carryover, canceling defunct record. During the August break, I saw the projects, and reducing the scope of Back in May, I wrote to the chair- devastating impact of these fires on projects. But as a result of last year’s man of the Governmental Affairs Com- our parks, forests, and communities shortfall, this low-hanging fruit is mittee requesting hearings on the no- firsthand. The fires were so bad that gone. bid contracts awarded to Halliburton portions of Glacier National Park and If we do not act soon to repay in in Iraq. I believe these developments Yellowstone Park were closed to the full—and that is my intent, to repay in now make it even more important for public for many days, as were many na- full the amounts borrowed during the the Senate to hold hearings. I renew tional forest lands and, this time, wild- fiscal year 2003—the impacts will be far my plea to the Governmental Affairs life refuge lands. The impact of these greater. A wide variety of programs Committee to hold hearings on the ad- fires is catastrophic, not only on the will be deeply affected—from endan- ministration’s initial contracts with land but also on the people. gered species monitoring to facilities Halliburton. During July and August, hundreds of construction, from land acquisition to Just this week, we learned that residents were evacuated as 80 fires recreation management, from the proc- Halliburton’s no-bid contract with the burned out of control throughout Mon- essing of grazing permits to the sale of Army Corps has increased from $700 tana. Roughly 125 structures were de- timber. Failing to repay the amounts million to nearly $1 billion. It is a lot stroyed, and that included 23 homes. borrowed will affect all of these things. of money. Fighting these fires is expensive. The It amounts to a de facto rescission of The American people deserve answers Forest Service has been spending as funds appropriated by Congress just 6 to these serious questions concerning much as $20 million a day on fire- months ago. government ethics and accountability. fighting alone. Total expenditures this To my colleagues from over the Na- I also believe it is in the interest of fiscal year will approach $1 billion. tion, I would say this is not just a the administration to cooperate so the That is taxpayer money. In order to western problem simply because that is air can be cleared and the record set pay for these extraordinary costs, the where most of the fires burn. It is a straight so we know once and for all Forest Service has been forced to bor- problem for every State in the Union whether the Vice President admits row $595 million from other nonfire ac- because the funds are effectively being publicly that he has a financial tie counts. The Department of the Interior borrowed from every State. They are with Halliburton or continues to deny has borrowed $100 million already and being borrowed in many cases from it, despite the written record filed with is expected to borrow at least $50 mil- projects and programs that were fund- the Senate Ethics Committee. lion more before the fire season is over. ed at the specific request of every f Putting it in a conservative manner, Member in this body. If the amounts the two agencies together will borrow are not repaid, those amounts will per- FUNDING FOR WILDFIRES $850 million from other accounts to manently be taken from many of those Mr. BURNS. Mr. President, as we are fight fires this fiscal year. same projects and programs again. rolling along, trying to complete our Prior to the August recess, the Presi- Maybe it will come from a National work on appropriations, it won’t be dent and the administration submitted Park Service construction project. long that we will have the appropria- a supplemental request for $289 million Maybe it will be in Massachusetts. tions for the Interior Department on for fire suppression. My colleagues may Maybe it will come from land acquisi- the Senate floor. I would just like to recall, I was angry when the House ul- tion in Arizona. Maybe it will come out bring my colleagues up to date on some timately sent us a supplemental that of grazing management in Colorado. of the challenges we will be facing and did not include these funds. In my More than likely, it will come from all how we probably have to come up with view, it was highly irresponsible since that I have mentioned. some imagination to take care of some the fire season was well under way and The use of borrowing authority to of the problems. we knew those funds would be needed. fight fires is not necessarily a bad We watched the weather reports from At this stage, it may be just as well thing. It is a reasonable mechanism my State of Montana. Montana has had that the House omitted these funds. when the amounts being borrowed are

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.082 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11559 relatively modest, when sufficient car- other appropriations bill because these tal description of American democracy, ryover funds are readily available, or are tremendous challenges. President Lincoln made self-govern- when the borrowed amounts are ulti- I thank the Chair, and I yield the ment sound almost easy. mately repaid. But the borrowing has floor. The truth is, democracy is chal- become routine. The amounts involved APPALACHIAN REGIONAL COMMISSION lenging, continuous work. No war, no are massive. We no longer have large Mr. FRIST. Mr. President, I rise to sacrifice made by one generation—no carryover amounts in other accounts, express my strong support for the Ap- matter how enormous—can sustain our and we have habitually not repaid the palachian Regional Commission, ARC, democracy forever. Ultimately, each full amount that was borrowed. and to thank Chairman DOMENICI for generation of Americans must do the It is a terrible, inefficient way to run his leadership and his support to en- work of democracy itself or our democ- a program. sure that the Appalachian Regional racy atrophies. In the past, both the Congress and Commission’s fiscal year 2004 funding ‘‘Civic education’’ is the term we use the administration have been guilty of needs are adequately met. to describe the process by which we playing budgetary games with fire sup- The ARC was established in 1965 to transmit the knowledge, skills and at- pression funding, but the current situa- support economic development in the titudes that people need in order to be tion is only a faint reflection of that Appalachian Region. Today, the region responsible citizens. It is at least as fact. Congress included in the fiscal includes 410 countries in 13 States, rep- important to the future of our democ- year 2003 appropriations bill essentially resenting a population of more than 23 racy as our economic might or our the same amounts that were requested million. There are 50 counties in Ten- military power. For that reason, I am by the administration for wildlife fire nessee currently participating in the very pleased to announce today that management. That amount, in turn, ARC. Funding provided by Congress is the Joint Leadership of the Congress of was determined by using the 10-year used by the commission to fund locally the United States will host a 3-day average cost of fire suppression. But sponsored projects such as education Congressional Conference on Civic Edu- that 10-year average no longer is rea- and workforce training programs, high- cation later this month—September 20, sonable or a reasonable benchmark for way construction, water and sewer sys- 21, and 22. This Congressional Conference on a number of reasons. tem construction, leadership develop- Look at our forests. Fuel loads on Civic Education will bring together ment programs, and small business the floors of our forests are increasing. educators and other experts from every start-ups and expansions. State to focus national attention on Increasing costs of personnel and I am proud that a Tennessean, Anne equipment are fully reflected in the 10- the state of civic education in Amer- B. Pope, is currently serving as the year average, and the wildland-urban ica. I am honored to serve as an hon- Federal Co-Chair of the Commission. In interface is expanding, which increases orary host for the conference, along this position, she is working to further the cost of fire suppression. with the majority leader, Senator the ARC’s five primary goals, which in- I think Congress and the administra- FRIST, and our counterparts in the clude improving education and work- tion need to deal with these issues, par- House, Speaker HASTERT and Demo- force training, physical infrastructure, ticularly hazardous fuel loads. But that cratic Leader PELOSI. will not happen overnight, and it does civic capacity and leadership, business It is our hope and our expectation not change the situation we are in development, and health care. Each that the conference will help launch a today. year ARC provides competitive grant nationwide movement, and produce To be clear, I have no interest in giv- funding for several hundred projects to strategic plans to strengthen civic edu- ing the Forest Service or the Depart- further these goals. In 1965, one in cation and civic participation at every ment of the Interior a blank check to three Appalachian residents lived in level of government—local, State, and fight fires. We must continue to seek poverty. However, by 1990, the poverty national. It is the first of five annual ways to reduce costs, and that is why rate had been cut in half. ARC pro- civic education conferences planned by the Appropriations Committee has grams are helping to shape a brighter the Joint Leadership. asked the National Academy of Public future for the Appalachian region by The goals of this first conference in- Administration to study recent trends working with local communities to fos- clude: increasing public understanding in firefighting costs. But while that ter economic growth and development. of America’s representative democ- academy did find some areas for im- Last year, Congress reauthorized the racies and the need for Americans to provement, it found no smoking gun, ARC’s non-highway programs through play a responsible role in their Govern- and there is no silver bullet. 2006, and authorized new programs in ment; underscoring for policymakers The system is broken, Mr. President, telecommunications, entrepreneurship, that America’s schools play a critical and the administration must work and job-skills training. Moreover, the role in preparing students for effective with us to fix it. It cannot rationally legislation signed by President Bush citizenship, and expanding the opportu- expect to produce cost containment in reinforced the ARC’s commitment to nities for policymakers to participate one program by starving the life out of economically distressed counties by in carrying out this civic mission; and others. mandating that at least half of the encouraging the formation of State In the short term, we must enact a Commission’s project funding be made delegation working groups that will supplemental that fully repays the available to support activities that take the lead in improving civic edu- amounts they borrowed during fiscal benefit distressed areas. These changes cation in their respective States. year 2003. I call on the administration will help to create more opportunities The Congressional Conference on to send us another supplemental re- for areas still struggling to join the Civic Education is a fitting and appro- quest for these amounts. Nation’s mainstream economy. priate way for Congress to join the Na- For the longer term, we have to have I am proud of the work that the ARC tion in commemorating Citizenship annual budget requests that more ade- is doing in Tennessee, and I applaud Week. quately reflect the current reality of Chairman DOMENICI for his continued The conference is a project of the Al- suppression costs. We also need to take support of the ARC’s programs. It is liance for Representative Democracy, a another look at borrowing authority my hope that, as we move to con- national project designed to reinvigo- we traditionally have provided these ference, we can work together to en- rate and educate Americans on the agencies. sure that the ARC’s funding needs con- critical relationship between Govern- Unless adequate action has already tinue to be met. ment and the people it serves. The Alli- been taken on the impending supple- f ance’s members are the National Con- mental, I expect to offer amendments ference of State Legislatures, the Cen- on this subject when the Interior ap- THE FIRST ANNUAL CONGRES- ter on Congress at Indiana University, propriations bill comes to the floor. I SIONAL CONFERENCE ON CIVIC and the Center for Civic Education. hope these amendments will be widely EDUCATION The Alliance for Representative De- supported by my colleagues. Mr. DASCHLE. Mr. President, ‘‘A mocracy project is funded by the U.S. I appreciate this opportunity to give government of the people, by the peo- Department of Education by act of a little forecast of what is ahead on an- ple and for the people.’’ In his immor- Congress.

VerDate jul 14 2003 04:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.080 S16PT1 S11560 CONGRESSIONAL RECORD — SENATE September 16, 2003 There is no more important or urgent tives; Ms. Mary Skelly, Social Studies Coor- Law and Civic Education; Ms. C. Kevin task facing our Nation than making dinator, Middletown, CT; Ms. Martha Press, Hayes, Attorney At Law, Roedel, Parsons, sure that this and future generations of Social Studies Supervisor, Stratford CT Koch, Frost, Balhoff & McCollister; Mr. Americans have the skills, knowledge Schools; Mr. Randall Collins, Super- Jimmy Fahrenholtz, Member Orleans Parish intendent, Waterford Schools, Pres. Elect School Board & Attorney At Law. and attitudes required to maintain this ECS. Maine: Ms. Julia Underwood, State Government ‘‘of the people, by the peo- Delaware: Mr. Lewis Huffman, State Facilitator; Mr. Patrick Phillips, Maine De- ple and for the people.’’ Facilitator; Hon. M. Jane Brady, Attorney partment of Education; Ms. Crystal Ward, Every State delegation attending General of Delaware; Ms. Valerie Woodruff, Maine Education Association; Mr. Richard this first annual Congressional Con- Secretary of Education, Delaware Depart- Lyons, Superintendent Hampden Academy, ference on Civic Education will iden- ment of Education. Past Pres. ME Superintendent’s Assn. Maryland: Ms. Marcie Taylor-Thoma, tify its own specific goals for improv- District of Columbia: Ms. Deborah Foster, State Facilitator; Ms. Vanessa (Connie) State Facilitator; Ms. Sharon Cox, Vice ing civic engagement in our society Spinner, Acting State Education Officer; Dr. President, Montgomery County Board of and citizenship education in our Roceal Duke, Social Studies Content Spe- Education; Delegate John Hurson, Maryland schools. cialist, DC Public Schools. House of Delegates, President—Elect, NCSL; I am sure my colleagues join me in Florida: Ms. Annette Boyd Pitts, State Delegate David D. Rudolph, Maryland House applauding the dedicated educators and Facilitator; Representative Curtis Richard- of Delegates. others who will be traveling to Wash- son, Florida House of Representatives; Rep- Massachusetts: Ms. Diane Palmer, State resentative Renee Garcia, Florida House of Facilitator; Senator Richard T. Moore, Mas- ington from all over the country for sachusetts State Senator; Representative this important conference. We thank Representatives; Mr. Jack Bovee, Florida Department of Education; Dr. Robert Dan Bosley, Massachusetts House of Rep- them for their time and their commit- Guiterrez, Professor of Education, Florida resentatives; Dr. Sheldon Berman, Super- ment to this worthy endeavor. We look State University; Mr. John Doyle, Miami— intendent, Hudson Public Schools; Ms. Susan forward to hearing their ideas—and Dade County Public Schools. Wheltle, Massachusetts Department of Edu- hearing about their progress at the sec- Georgia: Dr. Eddie Bennett, State cation. ond annual Congressional Conference Facilitator; Senator Joey Brush, Georgia Michigan: Ms. Linda Start, State Facilitator; Senator Ron Jelenik, Michigan on Civic Education in September 2004. Senate; Representative Bob Holmes, Georgia House of Representatives; Ms. Janet Wiley, State Senate; Representative Hoon-Yung Among those who are volunteering Hopgood, Michigan House of Representa- their time and energy to make this President, Georgia Association of Cur- riculum and Instructional Supervisor; Ms. tives; Ms. Kathleen Strauss, President State conference possible, and who deserve Robynn Holland, Social Studies Coordinator, Board of Education; Mr. John Lore, Execu- special thanks are the following, whose State Department of Education; Ms. Steph- tive Director, Connect Michigan Alliance; names I ask unanimous consent to anie Caywood, Office of the Secretary of Mr. Eric Rader, Policy Division, Office of the Governor; Ms. Leslie Salba, DC Office of the have printed in the RECORD. State. Hawaii: Dr. Lyla Berg, State Facilitator; Governor. There being no objection, the mate- Minnesota: Mr. Rick Theisen, State Senator Ron Menor, Hawaii Senate; Rep- rial was ordered to be printed in the Facilitator; Senator Steve Kelley, Majority resentative Roy Takumi, Hawaii House of RECORD, as follows: Whip, Minnesota State Senate; Mr. Charlie Representatives; Mr. Sherwood Hara, State Skemp, Social Studies Specialist, Minnesota FIRST CONGRESSIONAL CONFERENCE ON CIVIC Board of Education; Mr. Roger Takabayashi, Department of Education; Ms. Mary Ann EDUCATION: CONFIRMED DELEGATION LIST President Hawaii State Teachers’s Associa- Alabama: Ms. Janice A. Cowin, State Van Hooten, State Department of Education; tion. Ms. Lisa Wilde, Minnesota Bar Association, Facilitator; Representative Sue Schmitz, Idaho: Dr. Dan Prinzing, State Facilitator; Alabama House; Dr. Ethel Hall, Alabama National Mock Trial. Dr. Marilyn Howard, Superintendent of Pub- Mississippi: Dr. Susie Burroughs, State State Board of Education; Mr. Tom Walker, lic Instruction; Senator Denton Darrington, Facilitator; Senator Alice Harden, Mis- Executive Director, The American Village Idaho Senate; Mr. Tim Hurst, Chief Deputy, sissippi State Senate; Representative Mike Citizenship Trust. Secretary of State; Mr. Doug Oppenheimer, Lott, Mississippi House of Representatives; Alaska: Ms. Mary Bristol, State Oppenheimer Development Company. Dee Chambliss, Assistant Secretary of State Facilitator; Senator Bettye Davis, Alaska Illinois: Dr. Frederick D. Drake, State for Education and Publications; Ms. Judith State Senate; Representative John Coghill, Facilitator; Senator Steven Rauschenberg, Couey, Bureau Director, Mississippi Depart- House Majority Leader, Alaska House of Illinois Senate, Vice President, NCSL; Rep- ment of Education. Representatives; Ms. Esther Cox, First Vice resentative Suzanne Bassi, Illinois House of Missouri: Ms. Millie Aulbur, State Chair, Alaska Board of Education; Mr. Representatives; Dr. Darlene Ruscitti, Re- Facilitator; Dr. Kent King, Commissioner, Macon Roberts, Treasurer Anchorage School gional Superintendent, DuPage County Department of Elementary and Secondary Board. Schools; Ms. Maggie Oleson, Legislative Con- Education; Representative Sharon Sanders Arizona: Ms. Lynda Rasndo, State sultant, State Farm Insurance Co.; Dr. John Brooks, Missouri House of Representatives; Facilitator; Senator Tim Bee, Arizona Sen- Craig, Social Science Assessment, Illinois Representative Walter Bivins, Missouri ate; Representative Linda Gray, Arizona Board of Education; Mr. Jon Schmidt, Serv- House of Representatives; Mr. Stan Johnson, House of Representatives; Ms. Kathy Kay, ice Learning Manager, Chicago Public Superintendent, School of the Osage. Arizona Department of Education; Mr. David Schools. Montana: Dr. Bruce Wendt, State Garcia, Arizona Center for Public Policy. Indiana: Dr. John J. Patrick, State Facilitator; Senator Sam Kitzenberg, Mon- Arkansas: Ms. Barbara Patty, State Facilitator; Mr. Peter Bomberger, Attorney tana Senate; Representative Gary Branae, Facilitator; Dr. Daryl Rice, Associate Dean, at Law, Chair Citizenship Education Com- Montana House of Representatives; Ms. University of Arkansas; Mr. Frank Smith, mittee, IN Bar; Mr. Lynn R. Nelson, Acker- Stephanie Wasta, School of Education, Uni- Social Studies Supervisor, Pulaski County man Center for Democratic Citizenship, Pur- versity of Montana. Schools; Ms. Suzanne McPherson, Fort due University; Dr. Sharon Brehm, Chan- Nebraska: Mr. Mitch McCartney, State Smith Schools. cellor, Indiana University. Facilitator; Honorable John Gale, Secretary California: Mr. Roy Erickson, State Iowa: Mr. Jason Follett, State Facilitator; of State, State of Nebraska; Senator DiAnna Facilitator; Honorable Frank Damrell, Honorable Chet Culver, Secretary of State of Schimek, Nebraska Unicameral; Mr. Joe Judge, US District Court, Northern District Iowa; Senator Nancy Boettger, Iowa State Higgins, Member, State Board of Education; of California; Senator Jack Scott, California Senate; Dr. Jeffrey Cornett, Dean College of Ms. Lauren Hill, Education Assistant to the Senate; Ms. Kerry Mazzoni Secretary of Edu- Education, University of Northern Iowa. Governor. cation, Office of Governor; Mr. David Gor- Kansas: Mr. Dave Dubois, State Nevada: Ms. Judith Simpson, State don, Superintendent, Elk Grove Unified Facilitator; Senator Dwayne Umbarger, Kan- Facilitator; Representative William Horne, School District; Ms. Michelle Herczog, Social sas State Senate; Dr. Alexa Pochowski, As- Nevada House of Representatives; Mr. Larry Studies Coordinator Los Angeles County sistant Commissioner of Education. Struve, Chairman, NV Advisory Committee Schools. Kentucky: Ms. Deborah Williamson, State on Participatory Democracy; Dr. Keith Colorado: Ms. Barbara Miller, State Facilitator; Senator Jack Westwood, Ken- Rheault, Deputy Superintendent, NV Dept. Facilitator; Senator Peter Groff, Colorado tucky Senate; Representative Tanya Pullin, of Education. State Senate; Representative Shawn Mitch- Kentucky House of Representatives; Ms. New Hampshire: Mr. Mica B. Stark, New ell, Colorado House of Representatives; Mrs. Cicely Jaracz Lambert, Director, Kentucky Hampshire Institute of Politics, State Maria Garcia-Berry, President, CRL Associ- Administrative Office of the Courts; Ms. Nat- Facilitator; Mr. Andrei Campeanu, Presi- ates; Dr. Jane W. Urschel, Associate Execu- alie Stiglitz, Social Studies Consultant, Ken- dent, ATE Media Services. tive Director, Colorado Association of tucky Department of Education. New Jersey: Ms. Arlene Gardner, State School Boards. Louisiana: Ms. Maria Yiannopoulos, State Facilitator; Assemblyman Craig Stanley, Connecticut: Mr. James Schmidt, State Facilitator; Mr. William Miller, Special As- New Jersey House; Ms. Lucille Davey, Edu- Facilitator; Representative Demetrios sistant to the Superintendent of Education; cation Assistant to the Governor; Mr. John Giannaros, Connecticut House of Representa- Mr. R. Edward Hunt, Louisiana Center for Dougherty, State Department of Education.

VerDate jul 14 2003 04:55 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.083 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11561 New Mexico: Ms. Dora Marroquin, State Tennessee: Ms. Janis Kyser, State There being no objection, the mate- Facilitator; Representative Rick Miera, New Facilitator; Senator Randy McNally, Ten- rial was ordered to be printed in the Mexico House of Representatives; Ms. Vir- nessee State Senate; Representative Beth RECORD, as follows: ginia Trujillo, State of New Mexico Office of Harwell, Tennessee House of Representa- the Governor; Dr. Joseph Stewart, Professor, tives; Representative Joe Towns, Jr., Ten- [DSCC Iraq Policy Forum, Washington, DC, University of New Mexico. nessee House of Representatives; Mr. Rich- Sept. 15, 2003] New York: Professor Stephen Schechter, ard Ray, Chairman State School Board; Mr. DISASTER IN THE DESERT State Facilitator; Ms. Rita Lashway, Deputy Bruce Opie, Legislative Liaison, Department (Former Senator Max Cleland, D–Georgia) Executive Director, New York State School of Education; Dr. Ashley Smith Jr., Presi- ‘‘The public had been led into a trap from Boards Association; Mr. A. Thomas Levin, dent Tennessee Middle School Association. which it will be hard to escape with dignity President, New York State Bar Association; Texas: Mrs. Jan Miller, State Facilitator; and honor. They have been tricked into it by Ms. Gail Kelly, President, New York Council Judge Royal Furgeson, U.S. District Court a steady withholding of information,’’ he of Educational Associations. Judge, Western District of Texas; Mr. George North Carolina: Ms. Debra Henzey, State Rislov, Director of Social Studies, Texas said. ‘‘The Baghdad communiques are be- Facilitator; Senator Joe Sam Queen, North Education Agency; Mr. Hugh Akin, Execu- lated, insincere, incomplete. Things have Carolina Senate; Representative Linda John- tive Director, Hatton W. Sumner Founda- been far worse than we have been told, our ston, North Carolina House of Representa- tion; Ms. Carlen Floyd, State Board for administration more bloody and inefficient tives; Ms. Maria Theresa Unger Palmer, Teacher Certification; Ms. Patricia Ann than the public knows. He added: ‘‘We are Member North Carolina Board of Education; Hardy, Member State Board of Education. today not far from a disaster’’—T.E. Law- Ms. Susan Giamportone, North Carolina Bar Utah: Ms. Kathy Dryer, State Facilitator; rence The Sunday Times of London August Association; Ms. Tracey Greggs, Department Chief Justice Christine M. Durham, Utah Su- 22, 1920. of Public Instruction Social Studies Section; preme Court; Senator Howard A. Stephen- Let me see if I can get this straight. Ms. Carol Vogler, Career Center High School, son, Utah State Senate; Representative The President of the United States decides Past Pres. Carolina Council for the Social LaVar Christensen, Utah House of Rep- to go to war against a nation led by a brutal Studies. resentatives; Ms. Janet Canon, Vice Presi- dictator supported by one party rule. That North Dakota: Mr. Phil Harmeson, Co- dent, State Board of Education. dictator has made war on his neighbors. The State Facilitator; Senator Ray Holmberg, Vermont: Vee Gordon State Facilitator, President decides this is a threat to the Co-State Facilitator; Representative Dennis Senator Matt Dunne, Vermont State Senate; United States. In his campaign for President Johnson, North Dakota House of Representa- Representative Malcolm Severance, Vermont he gives no indication of wanting to go to tives; Honorable Wayne Stenehjem, Attorney House; Mr. Patrick Burke, Principal South war. In fact, he decries the over-extension of General, State of North Dakota; Honorable Burlington High School. American military might and says other na- Mary Maring, Justice North Dakota Su- Virginia: Mr. Andrew Washburn, State tions must do more. However, unbenounced preme Court. Facilitator, Delegate James Dillard, Vir- to the American public, the President’s own Ohio: Mr. Jared Reitz, State Facilitator; ginia House of Delegates; Ms. Susan Geno- Pentagon advisors have already cooked up a Representative Dixie Allen, Ohio House of vese, Vice President, Virginia Board of Edu- plan to go to war. All they are looking for is Representatives; Dr. Donald Stenta, Asso- cation; Dr. Patricia Wright, Assistant State an excuse. ciate Director, the John Glenn Institute; Superintendent of Education. An element of the U.S. military is under Mrs. Patricia Allen Day, Roosevelt Center, Washington: Mrs. Kathy Hand, State attack. The President, his Secretary of De- Dayton Public Schools; Ms. Linda Petz, Facilitator, Dr. Terry Bergeson, State Su- fense and his advisors sell the idea to Con- Stark Educational Service Center; Mr. perintendent of Public Instruction; Senator gress and the American people that it is time Frank Underwood, Assistant Director, Ohio Steve Johnson, Washington State Senate; to go to war. Based on faulty intelligence, Community Service Council. Representative Dave Quall, Washington cherry-picked information is fed to Congress Oklahoma: Mr. Michael Reggio, State House of Representatives, Representative and the American people. The President goes Facilitator; Representative Bill Nations, David Upthegrove, Washington House of Rep- on national television to explain the case for Oklahoma House; Ms. Lisa Pryor, Learn & resentatives; Mr. Steve Mullin, Vice Presi- war, using as part of the rationale for the Serve Coordinator State Dept. of Education; dent, Washington State Roundtable. war an incident that never happened. The Ms. Gina Wekke, Sr. Coordinator, Oklahoma West Virginia: Mrs. Priscilla Haden, State Congress buys the bait hook, line and sinker Regents for Higher Education; Ms. Denise Facilitator, Member, State Board of Edu- and passes a resolution giving the President Rhodes, Oklahoma Council for the Social cation; Delegate Ray Canterbury, West Vir- the authority to use ‘‘all necessary means’’ Studies; Ms. Lyndal Caddell, Noble Middle ginia House of Delegates; Dr. David Stewart, to prosecute the war. School. State Superintendent, West Virginia Depart- The war is started with an air and ground Oregon: Ms. Barbara Rost, State ment of Education; Mr. William Raglin, attack. Initially there is optimism. The Facilitator; Senator Ryan Deckert, Oregon President, West Virginia School Boards As- President says we are winning. The cocky, State Senate; Representative Pat Farr, Or- sociation; Ms. Sharon Flack, Social Studies self-assured Secretary of Defense says we are egon House of Representatives; Mr. James Supervisor, State Department of Education. winning. As a matter of fact, the Secretary Wisconsin: Ms. Dee Runaas, State Sager, Educational Policy Advisor, Office of of Defense promises the troops will be home Facilitator; Honorable Elizabeth A. the Governor; Mr. Pat Burk, Associate Su- soon. Burmaster, Superintendent of Public In- perintendent Federal Programs, Department However, the truth on the ground that the struction; Senator Robert Jauch, Wisconsin of Education. soldiers face in the war is different than the Pennsylvania: Ms. Frances J. Warren, State Senate; Representative Luther S. political policy that sent them there. They State Facilitator; Representative Jess Olsen, Wisconsin House of Representatives; face increased opposition from a determined Stairs, Pennsylvania House of Representa- Mr. Richard Grobschmidt, Assistant State enemy. They are surprised by terrorist at- tives; Mr. Albert Cunningham, Super- Superintendent of Education; Ms. Kori tacks, suicide bombers, village assassina- intendent, Montoursville Area School Dis- Oberle, Wisconsin Educational Communica- tions, increasing casualties and growing trict; Mr. James Wetzler, Social Studies Co- tions Board. ordinator, Pennsylvania Department of Edu- Wyoming: Mr. Matt Strannigan, State anti-American sentiment. They find them- cation. Facilitator; Senator Mike Massie, Wyoming selves bogged down in a guerrilla land war, Rhode Island: Mr. Michael Trofi, State State Senate; Representative Rosie Berger, unable to move forward and unable to dis- Facilitator; Honorable Matt Brown, Sec- Wyoming House of Representatives; Ms. engage because there are no allies in the war retary of State of Rhode Island; Senator Sheri Tavegie, State Department of Edu- to turn the war over to. There is no plan B. Hanna Gallo, Rhode Island State Senate; cation. There is no exit strategy. Military morale declines. The President’s popularity sinks Representative Susan Story, Rhode Island f House of Representatives; Ms. Maria and the American people are increasingly Escudero, Office of the Secretary of State; U.S. POLICY IN IRAQ frustrated by the cost of blood and treasure Mr. James Parisi, Field Representative, RI poured into a never-ending war. Mr. LEVIN. Mr. President, I would Sound familiar? It does to me! Federation of Teachers & Health Profes- like to share with my colleagues the sionals. The President was Lyndon Johnson. South Carolina: Mr. Paul Horne, State recent remarks of our former colleague Got Ya! Facilitator, Invited; Senator Warren Giese, Senator Max Cleland concerning U.S. The cocky, self-assured Secretary of De- South Carolina State Senate; Representative policy in Iraq. fense was Robert McNamara. Robert Walker, South Carolina House; Dr. This is a passionate, powerful speech Got ya again! Harriett L. Rucker, State School Board; Mr. by a true American hero whose tremen- The Congressional resolution was the Gulf James Bryan, Education Associate, Depart- dous service to, and personal sacrifice of Tonkin resolution. ment of Education. for, this country should make of all of You are catching on! South Dakota: Dr. Jack Lyons, State The war was the war that me, John Kerry, Facilitator; Senator Drue Vitter Lange, us mindful of his cautions and warn- Chuck Hagel, John McCain and three and-a- South Dakota House of Representatives; Ms. ings. I ask unanimous consent that half million other Americans of our genera- Glenna Fouberg, President South Dakota former Senator Cleland’s speech by tion were caught up in. It was the scene of School Board. printed in the RECORD. America’s longest war. It was also the locale

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.096 S16PT1 S11562 CONGRESSIONAL RECORD — SENATE September 16, 2003 of the most frustrating outcome of any war continue to increase. In addition to the depended upon the willingness of men this nation has ever fought. human cost, the funding of the war costs a like Justin Garvey to put themselves Unfortunately, the people who drove the billion dollars a week, adding to the addi- in harm’s way for the sake of country engine to get into the war in Iraq never tional burden of an already depressed econ- and countrymen. served in Vietnam. omy. Indeed, this Nation has survived only Not the President. The President has declared ‘‘major combat Not the Vice-President. over’’ and sent a message to every terrorist, because of such men and such women. Not the Secretary of Defense. ‘‘Bring them on.’’ As a result, he has lost When Justin Garvey last crossed Not the Deputy Secretary of Defense. more people in his war than his father did in Proctor’s historic Marble Arch Bridge, Too bad. They could have learned some les- his and there is no end in site. he was already a hero to his family and sons. Military commanders are left with ex- friends in this community. Today, all First, they could have learned not to un- tended tours of duty for servicemen and of Vermont and all of America recog- derestimate the enemy. The enemy always women, told long ago they were going home, nize Justin Garvey as an American has one option you cannot control. He al- and keeping American forces on the ground ways has the option to die. This is especially hero. where they have become sitting ducks in a Indeed, the world is in his debt. true if you are dealing with true believers shooting gallery for every terrorist group in and guerrillas fighting for their version of It is fitting and proper that we the Middle East. should dedicate a memorial to SGT reality—whether political or religious. They Welcome to Vietnam, Mr. President. Sorry are what Tom Friedman of the New York you didn’t go when you had the chance. Justin Garvey, Proctor native, Amer- Times calls the ‘‘non-deterables.’’ If those ican hero. non-deterables are already home in their f May God Bless Justin and his family. country, they will be able to wait you out HONORING OUR ARMED FORCES f until you go home. Second, if the enemy adopts a ‘hit and run’ Mr. JEFFORDS. Mr. President, on IN REMEMBRANCE OF THE VIC- strategy designed to inflict maximum cas- Friday, September 19, 2003, Vermonters TIMS OF THE KATYN FOREST ualties on you, you may win every battle but will gather in Proctor, VT, for a happy, MASSACRE the battles you fight (as Walter Lippman yet solemn occasion. They will assem- Mr. CORZINE. Mr. President, I rise once said about the Vietnam War,) can’t win ble on that day to reopen Proctor’s today to honor the memory of the vic- the war. Marble Arch Bridge and to dedicate a Third, if you adopt a strategy of not just tims of the Katyn Forest Massacre in memorial to SGT Justin Garvey, preemptive strike but also preemptive war 1940. Katyn Forest is a quiet wooded United States Army, 101st Airborne Di- you own the aftermath. You better plan for area near the Gneizdovo village, a vision. it. You better have an exit strategy because short distance from Smolensk in Rus- The joy will be in the celebration of you cannot stay there indefinitely unless sia. It was at this site, on Soviet leader you make it the 51st state. If you do stay an the new bridge, a centerpiece of Proc- Joseph Stalin’s orders, that the Soviet extended period of time, you then become an tor’s infrastructure. It is the town’s occupier, not a liberator. That feeds the NKVD shot and buried more than 4,000 only bridge to span Vermont’s longest Polish service personnel that had been enemy against you. river, the Otter Creek. Originally con- Fourth, if you adopt the strategy of pre- taken prisoner when the Soviet Union structed in 1915, the new bridge will re- emptive war, your intelligence must be not invaded Poland in September 1939. just ‘‘darn good,’’ as the President has said, establish an historic gateway between Most of these victims were Polish army it must be ‘‘bullet proof,’’ as Secretary the east and west of Justin’s home reservists—lawyers, doctors, scientists Rumsfeld claimed the administration had community. and businessmen, Poland’s elite and in- against Saddam Hussein. Anything short of Proctor’s Marble Arch Bridge, telligentsia—who were called up to ac- that saps credibility. adorned with Highland Marble quarried Fifth, if you want to know what is really tive service following the Nazi invasion from beneath Vermont’s grand moun- of Poland. going on in the war, ask the troops on the tains, is an elegant example of artistry, ground, not the policy makers in Wash- On September 17, 1939, under the ington. The ‘‘ground truth,’’ as the soldiers craftsmanship and heritage, values terms of a secret Moscow-Berlin trea- call it, is always more accurate than the that we Vermonters cherish and re- ty, forces of the Soviet Union invaded truth expounded through the mouths of spect. Poland through its eastern border. Pol- those who plan the war and have a political, SGT Justin Garvey, Proctor High ish troops, overwhelmed by the Ger- personal and emotional investment in their School Class of 1998, exemplified these man invasion on its western border, policy. They will bend any fact, even intel- values as well. Justin was, by all ac- surrendered to the Red Army on the ligence, to their own ends. If the ground counts, an outstanding young man. He pretense they would be protected. More truth and the policy truth begin to diverge, was known as a strong competitor, a ‘‘Shock and Awe’’ will turn into what one of- than 15,000 Polish soldiers and civilians ficer in Iraq has described as, ‘‘Shock and motivated student, and an avid out- were sent to prison camps at Kozielsk, Awe Sl!’’ doorsman. His friends knew him as Starobielska and Ostashkov in the So- Sixth, in a democracy instead of truth being good hearted and good humored. viet Union. being the first casualty in war, it should be Justin was a loyal brother, a dedicated In an effort to eliminate potential the first cause of war. It is the only way the son and a loving husband. threats to Soviet control of Poland and Congress and the American people can cope Justin Garvey loved and is loved by what Stalin described as counter-revo- with getting through it. As credibility is his family and community. lutionary espionage and resistance or- strained, support for the war and support for He crossed the Marble Arch Bridge the troops goes downhill. Continued loss of ganizations, Soviet troops, carried out credibility drains troop morale, the media innumerable times. When he last what many have called one of the most becomes more suspicious, the public becomes crossed this bridge, he was on a jour- heinous war crimes in history. Pris- more incredulous and the Congress is re- ney that would take him to serve in oners in all three Soviet Camps were duced to hearings and investigations. the United States Army 101st Airborne executed and buried in mass graves. Instead of learning the lessons of Vietnam, Division, one of America’s most elite One of these graves was discovered in where all of the above happened, the Presi- defense forces. Katyn Forest, where between four and dent, the Vice-President, the Secretary of Not every soldier has the ‘‘stuff’’ to five thousand Polish bodies were found. Defense and the Deputy Secretary of Defense make the 101st Airborne. But it was no have gotten this country into a disaster in There were no trials; there was no jus- the desert. They attacked a country that had surprise to those who knew him that tice for these innocent victims. not attacked us. They did so on intelligence Justin Garvey studied and trained and Although the Soviet Government that was faulty, misrepresented and highly worked to become a top-notch soldier. originally denied their role in this un- questionable. A key piece of that intel- A fellow soldier wrote that ‘‘He was a speakable atrocity, on February 19, ligence was an out-right lie which the White man who had no enemies . . . he is ev- 1989 Soviet scholars released docu- House put into the President’s State of the erything I want to be as a man. Every- ments that revealed that Stalin had in- Union speech. These officials have over-ex- one who ever met Justin was better for deed ordered the mass execution. The tended the American military, including the it. It was an honor to have served with following year Soviet President Mi- Guard and the Reserve and expanded the United States Army to the breaking point. A him up to the end, that night. He khail Gorbachev apologized to the Pol- quarter of a million troops are committed to taught me what a true hero is.’’ ish people for the killings. While this the Iraq war theater, most bogged down in From before its inception and admission of guilt provided some clo- Baghdad. Morale is declining and casualties throughout its history, America has sure, it certainly does not erase the

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.104 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11563 pain and suffering felt by a nation public servants, committing his time regional titles. And in 52 years at the helm whose entire population was affected and energy, for over 30 years, to mak- of the mighty Green Wave of Summerville by this horrific event. Sixty-three ing life better for the people of that High School, John McKissick is known for something else in this quaint, historic burg, years later, the name Katyn still stirs city. population 27,752: as a leader of the commu- passions in Poland. Frank Driscoll’s first work on behalf nity, the glue that holds the town together. Today, I honor the victims of the of New London came from 1961 to 1967, ‘‘John McKissick has been a vital part of Katyn Forest Massacre and commend when he was the executive director of forming connections around this town,’’ says them for their courage and their sac- the Redevelopment Agency, and a driv- David Pugh, Summerville High’s principal. rifice. For on that fateful day, more ing force in New London’s urban re- ‘‘What makes a community successful is the than six decades ago, these valiant men newal. But after 2 years working in quality of life, and John has shown great paid the ultimate price to secure their Washington at the Department of leadership in that. He has been able to con- nect people. He has taught them how to country’s freedom. Housing and Urban Development he re- share.’’ It is my sincere hope that as more turned to New London to take the job McKissick, two weeks shy of his 77th birth- people learn about the carnage that oc- that he would hold for the next 23 day, has molded 3,014 teenage boys into play- curred at Katyn Forest and the sur- years, the position of city manager— ers over the years. He has instilled pride in rounding sites, we will be able to come the top executive post in the city. tens of thousands of Summerville High stu- to terms with this tragedy and help As city manager, Frank Driscoll be- dents, cheerleaders, band members, teachers heal the wounds that the great nation came known as a man who was very and parents. And he has provided excitement for countless more football fans, who have of Poland and its citizens still suffer. careful with how he spent city funds. A turned out 10,000 strong, in their green and When we honor the memories of those child of the Great Depression, he un- gold, every Friday night in the fall for the brave souls who were lost on that trag- derstood that these were the hard- past six decades. ic day, we will prevent future genera- earned tax dollars of working men and Grandfathers, fathers, uncles, brothers, tions from repeating the same horrors women, and he was always careful to sons, the next-door neighbor’s kid, even the which occurred in our past. spend those dollars wisely. At the same piccolo player down the street: Everybody here is tied to the Green Wave in some way. f time, he was also tireless in his efforts Why, McKissick now is coaching the third to obtain Federal funds to improve the ADDITIONAL STATEMENTS generation of some Summerville families. quality of life in New London. In fact, His own grandson, Joe Call, a former Green during the 1970s, New London won more Wave quarterback, is an assistant coach. RHODE ISLAND COUNCIL ON RESI- money in Federal aid than it raised in Truth be told, the folks in this town, nes- tled on a piney ridge 25 miles northwest of DENTIAL PROGRAMS FOR CHIL- local property taxes. These critical funds helped New London improve and Charleston, would be lost without DREN AND YOUTH McKissick. renovate its schools, revitalize its busi- ∑ ‘‘So many leaders have come through the Mr. CHAFEE. Mr. President, I am ness district, and ensure the integrity proud today to honor the Rhode Island John McKissick system,’’ says Bo Blanton, of its water supply. chairman of the school board and former Council on Residential Programs for Frank Driscoll was a skilled, dedi- Green Wave quarterback. Children and Youth, RICORP, for 25 cated, and effective leader. But those ‘‘Police officers. Teachers. Lawyers. Doc- years of service to 1,250 of Rhode Is- who knew him or worked with him will tors. Dentists. Legislators. Coaches. The land’s most needy children. probably remember him even more as a bond has been formed over the years, the RICORP developed training programs winning tradition of the football program deeply caring and compassionate indi- has permeated through the community, all for childcare workers in Rhode Island vidual. He treated every city employee throughout the 1980s and by 2000, the because of the excellence of John McKissick. as part of an extended family. And So many people have felt a part of it. So council had established training cer- when it came to his own family, Frank many people have been inspired by it.’’ tification programs for childcare work- Driscoll’s devotion was second to none. At 8 p.m. Friday, at McKissick Field, on ers, supervisors and clinicians. In 2001, He was also a man of faith who was a John McKissick Way, the legendary coach RICORP collaborated with the Commu- vital member of his community. At St. will try to give Summerville yet another treat: The Green Wave (2–0) play local rival nity College of Rhode Island to develop Joseph’s Parish in New London, he was a college curriculum in ‘‘Children’s Mount Pleasant Wando High (1–1) in what a member of the parish council as well could be McKissick’s 500th victory. Residential Programming’’ and in Sep- as the church choir. Frank was a man Coincidentally, McKissick beat Wando in tember of 2002 the program became a whose faith helped shape every aspect October 1993 for his 406th victory, which set reality. of his life, both public and private. the national high school football record. RICORP has also advanced legisla- I know that everyone who has lived Berlin G. Myers Sr., Summerville mayor the past 33 years and owner of the local lum- tion in the Rhode Island General As- in New London since the 1960s feels for- sembly in 2000 to give contracted pro- ber company, has declared this John tunate that they had Frank Driscoll McKissick Week. (Several years ago, Myers viders rate increases in fiscal year 2001 working on their behalf. And I feel and 2002. Additionally they lobbied for actually rescheduled Halloween because it privileged to have had him as a friend. fell on a game night.) initiatives to improve the lives of chil- I offer my most heartfelt condolences Joan McKissick—who wed her husband in dren in care, such as the Higher Edu- to Frank’s wife Caroline, to their eight June 1952, just two weeks before he took the cation Assistance Grant enacted in children, nine grandchildren, and to ev- job at Summerville—has spruced up the 1999. This grant gave youth in out-of- eryone else who knew Frank Driscoll. press box with photos of past and present Green Wave players for the media rolling home placement free tuition if they at- He will be deeply missed.∑ tended one of the State colleges. into town for the big game. She’s expecting f hundreds of family and friends. These are just a few examples of Troy Knight, the town’s attorney, a former RICORP’s contributions toward im- IN TRIBUTE TO JOHN MCKISSICK’S Green Wave ball boy, manager and trainer, is proving the lives of needy children in 500TH FOOTBALL WIN a major player with the 500th Committee. the State of Rhode Island. ∑ That’s a group of local business people who I join all Rhode Islanders in con- Mr. HOLLINGS. Mr. President, in have brainstormed ways to commemorate gratulating RICORP on its 25th anni- light of John McKissick’s historic foot- McKissick’s milestone. versary.∑ ball accomplishments, I ask that this They’re throwing a party on the field after article from the September 11 USA the game for McKissick’s 82 varsity players f Today be printed in the RECORD. and their families, if the team wins. TRIBUTE TO C. FRANCIS DRISCOLL The article follows. The city will come together Nov. 8 for a fundraiser: Summerville will be establishing ∑ Mr. DODD. Mr. President, I rise to [From the USA Today, Sept. 11, 2003] a John and Joan McKissick Scholarship. speak in memory of C. Francis Dris- FOOTBALL COACH ALL ALONE AT BRINK OF 500 ‘‘Coach McKissick is an educator, first and coll, of New London, CT, who passed WINS foremost,’’ Knight says. ‘‘His vehicle just happens to be coaching. This is a way for his away on August 8 at the age of 68. (By Jill Lieber) legacy to live on forever.’’ Although Frank Driscoll was born in He’s the winningest football coach at any Winning admiration of peers New York, he would become one of New level, going for his 500th victory Friday McKissick, a quiet, unassuming man, has London’s most influential and devoted night. He has 10 state championships and 26 not missed a game in 52 years—631 games.

VerDate jul 14 2003 04:55 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.085 S16PT1 S11564 CONGRESSIONAL RECORD — SENATE September 16, 2003 Not health, not weather, not an act of God McKissick coached boys and girls basket- Reserves and began the second phase of has stopped him. He has had only two losing ball, baseball and track. He taught two his service. seasons (1957 and 2001). South Carolina history classes and three His wife has missed just three games. She’s U.S. history classes. And he mowed and lined For the next 28 years, Admiral Unruh the Green Wave’s official historian and her the football field, shined the football cleats, served wherever and whenever he was husband’s trusted biographer, thanks to the washed the game uniforms and taped the needed. He taught naval management piles of scrapbooks she has religiously kept players’ ankles, all for $3,000 a year. and leadership courses; he mentored of- throughout his career. She’s also the curator ‘‘Growing up poor gave me drive,’’ he says. ficers and sea cadets; he spearheaded of the largest collection of Green Wave arti- ‘‘I put pressure on myself to try to achieve successful reorganization efforts in re- facts, most engulfing the playroom of their something in life. I had empathy for kids ranch house, which the McKissicks affection- who had a tough time, especially if they serve centers; and he participated in ately call The Green Wave Room. were trying, and compassion for those who joint military training exercises in the South Carolina Gamecocks coach and lacked confidence.’’ U.S. and abroad. In short, as he moved friend Lou Holtz is keeping his fingers McKissick has been approached about col- up the ranks, he gave the Navy his crossed that McKissick will reach 500 Friday. lege head coaching jobs (The Citadel, wholehearted commitment on land and ‘‘I don’t know of any individual who has Newberry, Presbyterian), but he has never sea. done more for high school football or for the come close to leaving. His wife was a postal state of South Carolina than John carrier for 30 years until she retired in 1986. In 1995, he took an assignment as the McKissick,’’ Holtz said through his sports in- They raised two daughters here: Debbie and Department of the Navy’s duty captain formation director. ‘‘He not only has taught Cindy, a former Green Wave cheerleader. at the Pentagon’s Navy Command Cen- winning football, he has developed winning ‘‘People always ask me why I didn’t take ter. There, he served under Secretary young men. He has been so unselfish with his another job,’’ McKissick says. ‘‘I grew up of the Navy and Chief Naval Operations time. His loyalty to Summerville and the hard, not having everything I wanted. People state of South Carolina really impresses have different wants and needs. A lot of peo- Admiral Mike Borda and was in charge me.’’ ple want more than what they really need. of monitoring military activity around Florida State coach Bobby Bowden (334 ‘‘Working with kids has kept me young; it the world. On his first day on duty, victories), second to Penn State’s Joe has allowed me to grow and evolve. And I get human e´migre´s flying civilian aircraft Paterno as the winningest Division I-A foot- so much self-satisfaction seeing former play- over Cuba were shot down by the Cuban ball coach, also is sending good vibes to his ers around town, at the filling station, the military, which believed that the air- good buddy McKissick. barbershop. . . . Even as football coaches at craft were intruding in Cuban air ‘‘The victories bring pride to the state of area high schools. South Carolina, especially since he is one of ‘‘Why would I ever want to leave Summer- space. Captain Unruh acted quickly their own,’’ Bowden said through his school’s ville? It’s a wonderful community, with won- and admirably, putting together data sports information director. ‘‘It also brings derful fans and great support. It’s my family. to brief the President on the United great attention to what you can do if you I have everything I’ve always wanted right States on what was happening. just persevere. I don’t know if it can ever be here.’’∑ Now Kirk Unruh retires as an Admi- broken. f ‘‘I think Coach McKissick’s longevity is ral and he has well earned that rank. due to the fact that he has his priorities in REAR ADMIRAL HOWARD KIRK Over the years, his contributions to the order and that football is not his No. 1 pri- UNRUH, JR. Navy have been duly recognized. He is ority. A man must have persistence and love ∑ Mr. LAUTENBERG. Mr. President, I authorized to wear the Legion of Merit, of the game and love of life to coach so the Meritorious Service Medal which long.’’ rise today to formally acknowledge the Everything he wants right here. great accomplishments and recent re- he was awarded twice, the Navy Com- McKissick’s persistence and perseverance tirement from the United States Naval mendation Medal which he was award- were forged from a tough childhood. Reserve of one of my constituents, ed four times, the National Defense Born in Greenwood, S.C., McKissick was Rear Admiral Howard Kirk Unruh, Jr. Medal with bronze star, and various the second of Harry and Ethel’s three sons. Henry Clay said: ‘‘Of all the prop- other Unit and Service ribbons. These Harry owned the Pepsi and Nehi Bottling Co. decorations attest to the character of A few months after the 1929 stock market erties that belong to honorable men, crash, the McKissicks returned home one not one is so highly prized as that of the man, the service he has rendered, night to find their house destroyed by a fire. character.’’ RADM Unruh is, indeed, a and the honor with which he has pro- Within months, the bottling plant went man of character and he has shown vided that service. bankrupt. The family moved to Lake City, outstanding character throughout his Today I ask that my colleagues join S.C., where McKissick’s dad opened a corner 33 years of service to the Navy. with me in thanking Admiral Unruh grocery that went belly up within two years. Admiral Unruh’s naval career began for his years of service, for his commit- Life got better after his mom got a job as in the Garden State, where he attended lunchroom supervisor for the public schools ment to this nation and to the United in Williamsburg County—she worked there Princeton University on a ROTC schol- States Navy, and for a job well done. 40 years—and his dad became a guard stand- arship. In 1970, upon his graduation As noted in his Legion of Merit Cita- ing shotgun on the county chain gang. But from Princeton, Ensign Unruh was tion: ‘‘By his outstanding leadership, the tough times didn’t stop. commissioned as an officer in the commendable innovation, and inspiring McKissick grew up in homes without toi- United States Navy. dedication to duty, RADM Unruh re- lets and running water. He didn’t wear shoes He reported for duty in Hawaii where to school until the eighth grade. And the flected great credit upon himself and he served on the USS Elkhorn AOG–7. upheld the highest traditions of the family could afford to eat meat—fried chick- As damage control assistant and engi- en—only on Sundays. United States Naval Service.’’ He was drawn to coaching because he re- neering officer, he accepted a great deal of responsibility for a young man Lastly, behind the career of most called how happy his Kingstree High school great Naval officers is a loving family coach, Jimmy Welch, always looked. ‘‘I fig- and gained valuable leadership experi- ured it must be a good profession.’’ ence. He learned what it meant to that is asked to endure the hardships In the fall of ’51, he landed a job in serve and what it meant to lead, and he of constant travel and periodic separa- Clarkton, N.C.—over the phone, sight un- made the Navy an important part of tion. Admiral Unruh’s family is no ex- seen. Little did he know he’d be coaching his life. ception. His wife Diane has made many six-man football; it paid $2,700 a year. He sacrifices to support her husband. And, called Lonnie MacMillian, his coach at Pres- His work did not go unnoticed, and, after completing a tour of the Western as the wife of an Admiral—whose chil- byterian College and a pioneer of the Split- dren, Meredith, Allison, and Chip were T offense, for advice. Pacific aboard the Elkhorn, Unruh was ‘‘He gave me four plays to run told me to selected to participate in Admiral all born on naval bases—she has earned run—them to the right and left, so it would Elmo Zumwalt’s Human Resource Man- her stripes and unofficially outranks seem like I had eight,’’ says McKissick, agement Program in Pearl Harbor. him. We all know that without her sac- whose team went 7–0. (None of those vic- In 1975, Lieutenant Unruh left active rifice his service to our Nation would tories are included in his 499 wins.) duty, and went on to receive a Masters not have been possible. In the spring of 1952, McKissick applied for the job at Summerville. ‘‘The super- degree in Education from Harvard Uni- Today, I join with Diane, her chil- intendent, Frank Kirk, later told me I got versity. But the Navy was in his blood. dren, and all Americans in saluting Ad- the job because I was the only applicant who So, while studying in Massachusetts, miral Unruh for an outstanding career didn’t ask how much it paid.’’ he accepted a commission in the Naval and a job well done.∑

VerDate jul 14 2003 04:55 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G16SE6.088 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11565 MEASURE READ THE FIRST TIME SENATE CONCURRENT RESOLUTION NO. 26 Interstate 94, which has caused a deteriora- S. 1618. A bill to reauthorize Federal Whereas, the most effective stewardship of tion in the roadway south of M 50 to US 12; and Aviation Administration Programs for our environment includes both public and private participation. Michigan has recently Whereas, traffic counts escalate annually, the period beginning on October 1, 2003, taken an important step in the direction of averaging 20,000 vehicles per day, and they and ending on March 31, 2004, and for caring for our shorelines and beaches with spike drastically during the three race week- other purposes. the enactment of legislation permitting ends at Michigan International Speedway; f shoreline property owners to take certain ac- and tions to maintain beaches within specific Whereas, traffic engineers routinely speci- PETITIONS AND MEMORIALS guidelines; and fy a four-lane highway as mandatory for The following petitions and memo- Whereas, with the reduction in lake levels, traffic volumes that exceed 17,500 on a daily rials were laid before the Senate and shoreline property has changed dramatically basis; and were referred or ordered to lie on the in many areas. In many instances, beaches Whereas, transportation planners project have been transformed by vegetation, which that without any new development, traffic table as indicated: has led property owners to seek authority to counts along US 127 in Jackson County will POM–269. A concurrent resolution adopted groom the beaches. However, the potential range from 31,000 to 51,000 vehicles daily; and by the House of Representatives of the Legis- for conflict with the long-term integrity of Whereas, the number of vehicle accidents lature of the State of Michigan relative to a shore lands and habitat required extensive occurring on US 127 is unacceptably high, permanent repository for high-level nuclear discussions to develop an effective and re- with an annual average of 311 occurring an- waste; to the Committee on Environment sponsible strategy; and nually. Of this number, 248 occur on the road and Public Works. Whereas, as a result of the input of indi- segment between M 50 and US 12; and HOUSE CONCURRENT RESOLUTION NO. 48 vidual property owners, local landowner and Whereas, the state of Michigan has recog- Whereas, over the past four decades, nu- environmental groups, state officials, and nized the increasing problems associated clear power has become a significant source lawmakers, Michigan has enacted legisla- with traffic pressure on US 127 since 1994, for the nation’s production of electricity. tion, 2003 PA 14 (Enrolled House Bill No. when it was specifically cited in the Michi- Michigan is among the majority of states 4257), that will allow property owners to re- gan Long-Range Plan; and that derive energy from nuclear plants; and move vegetation and debris from beaches. Whereas, roadway expansion for US 127 in Whereas, since the earliest days of nuclear These actions are limited in scope and strike Jackson County has previously been per- power, the great dilemma associated with a workable balance between legitimate rec- mitted and does not require an environ- this technology is how to deal with the waste reational concerns and environmental con- mental impact study; and material that is produced. This high-level ra- siderations; and Whereas, improvements to US 127 from M dioactive waste material demands excep- Whereas, the effective compromise estab- 50 to US 12 will both improve community tional care in all facets of its storage and lished with regard to maintenance on Michi- safety and enhance economic development disposal, including the transportation of this gan beaches will be far more productive than efforts; now, therefore, be it material; and contentiousness between property owners Resolved by the House of Representatives, Whereas, in 1982, Congress passed the Nu- and governmental regulators. This legisla- That we memorialize Congress to enact leg- clear Waste Policy Act of 1982. This legisla- tion capitalizes on the shared commitment islation to support funding for the widening tion requires the federal government, private and public interests have in the qual- and resurfacing of the M 50 to US 12 segment through the Department of Energy, to build ity and the appearances of our beaches: Now, of US 127; and a facility for the permanent storage of high- therefore, be it Resolved, That copies of this resolution be level nuclear waste. This act, which was Resolved by the Senate (the House of Rep- transmitted to the President of the United amended in 1987, includes a specific time- resentatives concurring), That we memorialize States Senate, the Speaker of the United table to identify a suitable location and to the Congress of the United States to work States House of Representatives, and the establish the waste facility. The costs for with the appropriate federal agencies in members of the Michigan congressional dele- this undertaking are to be paid from a fee adopting guidelines on beach maintenance gation. that is assessed on all nuclear energy pro- activities as defined in 2003 PA 14. We also duced; and encourage the United States Army Corps of POM–272. A concurrent resolution adopted Whereas, in accordance with the federal Engineers to work cooperatively with prop- by the Legislature of the State of Texas rel- act, Michigan electric customers have paid erty owners on the stewardship of beaches; ative to the Highway Trust Fund and the $405.8 million into this federal fund for con- and be it further State of Texas; to the Committee on Envi- Resolved, That copies of this resolution be struction of the federal waste facility; and ronment and Public Works. Whereas, there are serious concerns that transmitted to the Office of the President of HOUSE CONCURRENT RESOLUTION NO. 82 the federal government is not complying the United States, the Environmental Pro- with the timetables set forth in federal law. tection Agency, the United States Army Whereas, an integrated, safe, and ade- Every delay places our country at greater Corps of Engineers, the Office of the Gov- quately financed transportation system is a risk, because the large number of temporary ernor, the Michigan Department of Environ- critical component of the economic, social, storage sites at nuclear facilities across the mental Quality, the President of the United and environmental well-being of both the country make us vulnerable to potential States Senate, the Speaker of the United United States and Texas; and problems. The events since September 11, States House of Representatives, and the Whereas, the Highway Trust Fund was es- 2001, clearly illustrate the urgency of the members of the Michigan congressional dele- tablished by the Highway Revenue Act of need to establish a safe and permanent high- gation. 1956 as a mechanism to finance an acceler- level nuclear waste facility as soon as pos- ated highway program, including the Inter- POM–271. A resolution adopted by the sible. The Department of Energy, working state Highway System; the revenues used to House of Representatives of the Legislature with the Nuclear Regulatory Commission, finance the trust fund are derived from fed- of the State of Michigan relative to widening must not fail to meet its obligation as pro- eral excise taxes on highway motor fuel and and resurfacing of the M 50 to US 12 segment vided by law. There is too much at stake: certain truck-related taxes collected from of US 127; to the Committee on Environment Now, therefore, be it motorists in all 50 states and paid into the Resolved by the House of Representatives (the and Public Works. federal Highway Trust Fund; and Senate concurring). That we support the HOUSE RESOLUTION NO. 95 Whereas, federal law requires that the United States Department of Energy and the Whereas, the Michigan International money paid into the trust fund be returned Nuclear Regulatory Commission in their ef- Speedway (MIS), which attracts 600,000 visi- to the states in accordance with legislatively forts to fulfill their obligation to establish a tors annually, is the largest sporting venue established formulas that are recalculated permanent repository for high-level nuclear in Michigan. Michigan International Speed- every six years in reauthorization legisla- waste; and be it further way has accepted its role as a corporate cit- tion; most recently the Transportation Eq- Resolved, That copies of this resolution be izen with pride for the last 35 years; and uity Act for the 21st Century (TEA–21) was transmitted to the United States Depart- Whereas, fifty-five percent of MIS season passed in 1998; and ment of Energy, the Nuclear Regulatory ticket holders are from outside the state of Whereas, due to funding disparities, 26 Commission, the President of the United Michigan, with season ticket holders in 47 states, known as highway program donor States Senate, the Speaker of the United states and 12 foreign countries. The indirect states, receive less than their fair share of States House of Representatives, and the economic impact of the Michigan Inter- the federal fuel taxes that their citizens have members of the Michigan congressional dele- national Speedway to Michigan’s economy paid into the highway account of the trust gation. exceeds $500 million dollars annually. With fund; from 1956 to 2001, Texas received only over 50% of the race weekend business com- an average highway program rate of return POM–270. A concurrent resolution adopted ing from outside the state, a substantial of 78 percent on the funds sent to Wash- by the Legislature of the State of Michigan amount of money is brought into Michigan’s ington; and relative to beach grooming on private prop- economy from the surrounding area; and Whereas, currently, the United States Con- erty; to the Committee on Environment and Whereas, in 2002, a resurfacing project was gress is drafting legislation to reauthorize Public Works. completed on US 127 from M 50 North to TEA–21, which guaranteed a minimum rate

VerDate jul 14 2003 04:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.079 S16PT1 S11566 CONGRESSIONAL RECORD — SENATE September 16, 2003 of return of 90.5 percent on federal highway source review pending independent scientific of the State of Florida relative to rein- programs; a coalition of the donor states review of their projected impact by the Na- stating the federal income tax deduction for seeks a guaranteed rate of return of 95 per- tional Academy of Sciences; and state and local sales taxes paid; to the Com- cent of their share of contributions to the That the general court urges the congres- mittee on Finance. federal Highway Trust Fund, calculated sional delegation to take and support appro- HOUSE RESOLUTION NO. 9003–C priate actions against any decision made by against all dollars being distributed to the 50 Whereas, prior to 1986, American taxpayers states; and the administrator of the USEPA to modify the regulations implementing Section 111 of were allowed to deduct state and local sales Whereas, a 95 percent rate of return would taxes paid from their federal income tax li- allow Texas to better address its highway the Clean Air Act if the result would be to jeopardize New Hampshire’s ability to safe- abilities, and construction, repair, and maintenance needs; Whereas, the Tax Reform Act of 1986 re- highway projects enhance mobility, improve guard public health and protect environ- mental quality, including a suspension of pealed this deduction while it retained the air quality, foster economic development, deductibility of state and local income taxes, and support thousands of jobs in Texas: Now, pending modified regulations pending inde- pendent scientific review by the National and therefore, be it Whereas, the elimination of the deduction Resolved, that the 78th Legislature of the Academy of Sciences; and That copies of this resolution, signed by for payment of state and local sales taxes State of Texas hereby respectfully request created a fundamental disparity adversely the Congress of the United States to provide the president of the Senate and the speaker of the House of Representatives be forwarded affecting citizens of Florida and six other equity funding to Texas by increasing the states that do not levy a personal income state’s highway program rate of return from by the senate clerk to President George W. Bush, USEPA Administrator, Christie Whit- tax, and the Highway Trust Fund to 95 percent of Whereas, while citizens in the 43 other Texas’ contributions to the fund; and be it man,and each member of the New Hampshire congressional delegation. states continue to deduct state and local in- further come taxes, thereby reducing their federal Resolved, that the Texas secretary of state POM–274. A concurrent resolution adopted income tax liability, taxpayers in Florida forward official copies of this resolution to by the Legislature of the State of Texas rel- and six other states have no corresponding the president of the United States, to the ative to funding for the EPA Border Fund; to tax deduction, and speaker of the house of representatives and the Committee on Environment and Public Whereas, in addition to fostering the in- the president of the Senate of the United Works. equitable treatment of individual taxpayers, States Congress, and to all the members of HOUSE CONCURRENT RESOLUTION NO. 204 this disparity also has worked against the the Texas delegation to the Congress with states whose tax structure has no general in- Whereas, the United States and Mexico the request that this resolution be officially dividual income tax and relies heavily on created the North American Development entered in the Congressional Record as a me- sales taxes, and Bank (NADB) to provide financing for envi- morial to the Congress of the United States Whereas, reinstating the deductibility of ronmental infrastructure projects, particu- of America. state and local sales taxes on federal income larly those related to water supply, waste- tax returns could generate substantial bene- water treatment, and solid waste manage- POM–273. A concurrent resolution adopted fits for Florida’s families and the state’s ment along their common border; and by the Legislature of the State of New economy, and Hampshire relative to the Clean Air Act as it Whereas, since its inception in 1995, NADB has financed 57 environmental infrastructure Whereas, as a matter of equity and fair- pertains to safeguarding public health and projects representing $1.4 billion in border ness, Floridians and the citizens of other protecting environmental quality; to the region improvements, a substantial return states that finance their budgets without an Committee on Environment and Public on the bank’s $494 million investment; and income tax deserve to benefit from federal Works. Whereas, NADB established the Border En- income tax deductions comparable to those SENATE CONCURRENT RESOLUTION NO. 4 vironment Infrastructure Fund (BEIF) in already enjoyed by the majority of United Whereas, Section 111 of the Clean Air Act 1997 to receive and administer grants from States taxpayers, and requires the adoption of federal standards other institutions, such as the U.S. Environ- Whereas, allowing taxpayers to deduct ei- (known as new source review) reflecting the mental Protection Agency (EPA), that can ther their state and local income tax or state best available control technology for facili- be combined with loans and guaranties to fa- and local sales taxes paid in a given year ties which cause, or contribute significantly cilitate project financing; and would restore equity and fairness across the to, air pollution which may endanger public Whereas, to date, BEIF has received $336 states, and health or welfare; and million from EPA’s Border Fund, and this Whereas, federal legislation that reinstates Whereas, the United States Environmental contribution is vital to making water and the deductibility of state and local sales Protection Agency (USEPA) adopted such wastewater projects affordable, especially taxes is currently before the Congress: Now, standards of performance for the construc- for the smallest and poorest communities; therefore, be it tion or modification of power plants; and and Resolved by the House of Representatives of Whereas, the New Hampshire attorney gen- Whereas, Congress increased the Border the State of Florida, That the Congress of the eral has alleged and is actively pursuing liti- Fund to $75 million in fiscal year 2000, and United States is respectfully requested to re- gation against upwind power plant owners this level of funding was again recommended instate the federal income tax deduction for for violation of new source review here in for fiscal year 2003; however, the Border state and local sales taxes paid; and be it fur- New Hampshire and out-of-state; and Fund received a congressional appropriation ther Whereas, the administration of President of only $50 million; and Resolved, That copies of this resolution be Whereas, reductions in the Border Fund Bush is proceeding to implement modifica- dispatched to the President of the United and subsequent revenue losses to BEIF seri- tions of the new source review program; and States, to the President of the United States ously undercut NADB’s ability to finance Whereas, acid rain, which is damaging sen- Senate, to the Speaker of the United States water and wastewater infrastructure sitive ecosystems, including the forests and House of Representatives, and to each mem- projects that are essential to environmental lakes of New Hampshire. has been particu- ber of the Florida delegation to the United quality and the well-being of residents on larly attributed to emissions from coal-burn- States Congress. both sides of the border: Now, therefore, be it ing plants upwind of New Hampshire; and Resolved, That the 78th Legislature of the Whereas, scientific research has estab- POM–276. A resolution adopted by the Sen- State of Texas hereby respectfully urge the ate of the General Assembly of the Common- lished a well-defined link between power Congress of the United States to reinstate plant air emissions and human health im- wealth of Pennsylvania relative to Medicare; funding for the EPA Border Fund to $75 mil- to the Committee on Finance. pacts, including exacerbation of symptoms lion for fiscal year 2004 and to appropriate RESOLUTION NO. 210 for those with asthma, increased risk of sufficient funds in subsequent years to ad- heart attacks for those with heart disease, dress environmental infrastructure needs in Whereas, there are 321 Medicare-certified causation of lung cancer and premature the border region; and be it further agencies in the Commonwealth of Pennsyl- death; and Resolved, That the Texas secretary of state vania providing critical care each year in the Whereas, there remains considerable con- forward official copies of this resolution to homes of nearly half a million Pennsylva- troversy, uncertainty, and question as to the President of the United States, to the nians; and whether the planned changes to new source speaker of the house of representatives and Whereas, home health patients who receive review will result in continued, increased, or the president of the senate of the United Medicare services are typically the sickest, decreased air polluting emissions compared States Congress, and to all the members of frailest and most vulnerable group of Penn- with current or alternative standards: Now the Texas delegation to the congress with sylvania’s elderly population; and therefore, be it the request that this resolution be officially Whereas, Congress in 1997 sought to cut Resolved by the Senate, the House of Rep- entered in the Congressional Record as a me- growth in the Medicare home health benefit resentatives concurring, That the general morial to the Congress of the United States by $16.2 billion over five years but resulted in court of New Hampshire urges the President, of America. cutting more than $72 billion; and George W. Bush, and the USEPA Adminis- Whereas, nearly one million fewer Medi- trator, Christie Whitman, to suspend imple- POM–275. A resolution adopted by the care beneficiaries are qualifying for Medi- mentation of modified regulations on new House of Representatives of the Legislature care-reimbursed home care than in 1997; and

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.133 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11567 Whereas, additional cuts in the Medicare fordable housing and in making a better life Whereas, a report published in March, 2002, home health benefit would force many low- for themselves and their dependents; and by the Comptroller of Public Accounts of the cost, efficient Pennsylvania agencies that Whereas, Texas utilizes federally tax-ex- State of Texas estimated that the inability are struggling under the current system to empt bonds known as Qualified Veterans to deduct state and local sales taxes could go out of business, thereby harming access Mortgage Bonds to fund approximately 50 cost Texans more than $700 million for the to Medicare beneficiaries; and percent of all home and improvement loans 2002 tax year and, if the deductions are not Whereas, total elimination of the 15% cut made to veterans; and restored, could cost the state more than has been postponed for the past two years; Whereas, current federal law governing the 16,000 jobs that otherwise would be created and use of tax-exempt bonds used to fund these with a lower tax burden and an increase in Whereas, the impending 15% cut is making loans, as contained in Section 143(I)(4) of the disposal family income; and it difficult for home health agencies to se- Internal Revenue Code of 1986, unfairly lim- Whereas, according to the report, rein- cure lines of credit and is discouraging in- its these programs to only those veterans stating the deductibility of state and local vestment in advanced technologies and staff who served prior to January 1, 1977; and sales taxes on federal income tax returns benefits; and Whereas, this restriction unfairly prevents could generate substantial benefits for Texas Whereas, sixty-five members of the Untied all veterans serving on active duty after 1976 families and the state’s economy; and States Senate have joined in a bipartisan let- from using Qualified Veterans Mortgage Whereas, a family of four with an income ter that recommends the elimination of the Bonds, including more than 500,000 men and of $60,000 could get an additional federal in- 15% cut; and women who served in Desert Shield and come tax deduction of $1,015, and a single Whereas, one hundred and thirteen mem- Desert Storm and the 8,000 reservists and Na- mother with one child and an income of bers of the United States House of Rep- tional Guard members of Texas called up to $35,000 could deduct an additional $461; and resentatives have joined in bipartisan letter serve our country since September 11, 2001; Whereas, the comptroller of public ac- that recommends the elimination of the 15% and counts estimates that the more than $700 cut; and Whereas, these courageous men and women million in net tax savings that would stay in Whereas, the Senate Budget Committee deserve the same benefits offered to their Texas could encourage $590 million in new has noted to set aside the funds necessary to earlier counterparts, yet they and their fam- investments within the state and an $874 do away with the 15% cut; and ilies are being denied the opportunity to use million increase in the gross state product in Whereas, the Medicare Payment Advisory Qualified Veterans Mortgage Bonds; and 2003; and Commission (MedPAC), the group estab- Whereas, Congress has failed to remedy Whereas, as a matter of equity and fair- lished by Congress to advise it on Medicare this discriminatory federal provision on be- ness, Texans and the citizens of other states policy, has called upon Congress to perma- half of these deserving men and women, de- that finance their budgets without an in- nently eliminate the 15% cut in the Medicare spite the fact that it will not increase federal come tax deserved to benefit from federal in- home health benefit; and discretionary spending one cent: Now, there- come tax deductions comparable to those al- Whereas, MedPAC has reported that there fore, be it ready enjoyed by the majority of United Resolved, That the 78th Legislature of the are three factors that can lead to an increase States taxpayers; federal legislation that re- State of Texas hereby respectfully urge the in cost for rural home health providers: trav- instates the deductibility of state and local 108th Congress to support legislative action el, volume of services and lack of sophisti- sales taxes is currently before the congress: to immediately remove the aforementioned cated management and patient care proce- Now, therefore, be it discriminatory portion of the Internal Rev- dures; and Resolved, That the 78th Legislature of the enue Code in order that today’s veterans and Whereas, Medicare home health services State of Texas hereby respectfully request their families might enjoy the same benefits are delivered to a large rural population in the Congress of the United States to restore as their earlier counterparts; and be it fur- Pennsylvania that often live miles apart, the federal income tax deductibility of state ther thereby increasing the cost of providing and local sales taxes that existed before 1986; Revolved, That the Texas secretary of state home health services in these areas: There- forward official copies of this resolution to and be it further fore be it Resolved, That the Texas secretary of state the president of the United States, the Resolved, That the Senate of the Common- forward official copies of this resolution to speaker of the house of representatives, and wealth of Pennsylvania urge Congress to per- the president of the United States, to the the president of the senate of the United manently eliminate the 15% cut in the Medi- speaker of the house of representatives and States Congress, and to all the members of care home health benefit and extend the 10% the president of the senate of the United the Texas delegation to Congress with the rural add-on to Medicare home health pro- States Congress, and to all the members of request that this resolution be officially en- viders; and be it further the Texas delegation to the congress with tered in the CONGRESSIONAL RECORD as a me- Resolved, That the Senate of the Common- the request that this resolution be officially morial to the Congress of the United States wealth of Pennsylvania urge the President to entered in the Congressional Record as a me- of America. support Congress in this effort to eliminate morial to the Congress of the United States the 15% cut in the Medicare home health POM–278. A concurrent resolution adopted of America. benefit and extend the 10% rural add-on to by the Legislature of the State of Texas rel- Medicare home health providers; and be it ative to federal income tax deductibility of POM–279. A concurrent resolution adopted further state and local sales taxes that existed be- by the Legislature of the State of Texas rel- Resolved, That copies of this resolution be fore 1986; to the Committee on Finance. ative to block grants to be used for public transmitted to the President of the United welfare and Medicaid purposes; to the Com- SENATE CONCURRENT RESOLUTION NO. 1 States, the Vice President of the Untied mittee on Finance. Whereas, the Tax Reform Act of 1986 elimi- States, the Speaker of the United States HOUSE CONCURRENT RESOLUTION NO. 58 House of Representatives and to each mem- nated the deductibility of state and local Whereas, State Medicaid spending cur- ber of Congress from Pennsylvania. sales taxes paid by federal income tax return filers while it retained the deductibility of rently accounts for approximately 22 percent of total state spending; and POM–277. A concurrent resolution adopted state and local income taxes; and Whereas, under the Federal Medical Assist- by the Legislature of the State of Texas rel- Whereas, although the tax legislation was ance Percentage, the federal share of state ative to the portion of the Internal Revenue generally designed to simplify the federal in- Medicaid spending provided to the State of Code regarding veterans and their families; come tax, eliminating the deduction for pay- Texas has decreased by 4.2 percent over the to the Committee on Finance. ment of state and local sales taxes created a fundamental disparity adversely affecting past 10 years; and HOUSE CONCURRENT RESOLUTION NO. 161 citizens of Texas and eight other states that Whereas, average monthly Medicaid case- Whereas, Texas has long been a leader in do not levy a personal income tax; and loads in the State of Texas are projected to recognizing and rewarding the tremendous Whereas, while citizens in the 41 other increase to 2,885,583 by fiscal year 2005 from sacrifices of its veterans; and states continue to deduct state and local in- 2,376,193 in fiscal year 2003; and Whereas, home ownership is viewed by come taxes, thereby reducing their federal Whereas, prescription drug costs are a many as a major component of the American income tax liability, taxpayers in Texas and major factor driving Medicaid expenditures, Dream; and a few other states have no corresponding tax and annual Medicaid prescription levels in Whereas, enabling veterans to achieve deduction to ease their burden; the net effect the State of Texas are projected to rise to home ownership at a lower cost is but a of this imbalance is that Texans and citizens 40,257,515 by fiscal year 2005, from 33,859,094 small reward for their faithful service while of eight other states pay a higher percentage in fiscal year 2003; and in the U.S. Armed Forces; and of federal taxes than the majority of Amer- Whereas, the Congressional Budget Office Whereas, in appreciation of this service on ican taxpayers; and projects that Medicaid spending under the behalf of our state and nation, the Texas Whereas, in addition to fostering the in- current system will more than double by the Veterans Land Board has offered below-mar- equitable treatment of individual taxpayers, year 2012; and ket interest rates on home loan mortgages this disparity also has worked against the Whereas, the growth in federal spending of to eligible veterans since 1983; and states whose tax structure has no general in- the Medicaid and welfare entitlements is as- Whereas, this program has assisted more dividual income tax and relies heavily on tronomical and spiraling, significantly in- than 500,000 Texas veterans in obtaining af- sales taxes; and creasing the federal budget costs; and

VerDate jul 14 2003 04:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.137 S16PT1 S11568 CONGRESSIONAL RECORD — SENATE September 16, 2003 Whereas, this growth will never be con- plan cannot exceed $3,350 for individual cov- with the Head Start National Reporting Sys- trolled unless the State of Texas has autono- erage and $6,150 for family coverage; and an- tem on Child Outcomes, and for other pur- mous management of the program, free from nual limits for account contributions are 65 poses; to the Committee on Health, Edu- federal mandates regarding individual enti- percent of the deductible for an individual cation, Labor, and Pensions. tlement, eligibility groups, benefits, pay- account and 75 percent of the deductible for By Mr. BROWNBACK: ment rates, and financing structures to a family account; and S. 1621. A bill to provide for consumer, edu- allow most citizens of the State of Texas to Whereas, according to 1996 data, about 85 cational institution, and library awareness benefit from the Medicaid and welfare pro- percent of Americans incurred medical ex- about digital rights management tech- grams; and penses, with an average per-person expendi- nologies included in the digital media prod- Whereas, the State of Texas will be able to ture of about $2,400, an amount well within ucts they purchase, and for other purposes; design and develop innovative, efficient, and the range limits of the MSA annual con- to the Committee on Commerce, Science, productive medical assistance programs that tribution for an individual account; even and Transportation. will meet the needs of the residents within more significant is the fact that about half By Mr. DASCHLE (for Mr. GRAHAM of the State of Texas’ budget capacity; and of those persons who incurred medical ex- Florida (for himself, Mr. HAGEL, Mrs. Whereas, in the State of Texas, there ex- penses had expenses of less than $560; and CLINTON, Mr. NELSON of Nebraska, ists the possibility to improve patient out- Whereas, any unspent MSA funds for a Ms. MURKOWSKI, Mr. DAYTON, Mr. comes and cost-effectiveness with a state- given year may be rolled over to the fol- AKAKA, and Mrs. MURRAY)): wide implementation of consumer-directed lowing year; after age 65, unspent funds can S. 1622. A bill to amend title 10, United care under the state medical assistance pro- be rolled over to an Individual Retirement States Code, to exempt certain members of gram: Now, therefore, be it Account or withdrawn without penalty for the Armed Forces from the requirement to Resolved, That the 78th Legislative of the any use and taxed as ordinary income; and pay subsistence charges while hospitalized; State of Texas hereby respectfully urge the Whereas, expanding the availability of to the Committee on Armed Services. Congress of the United States to enact ap- MSAs to other employers, increasing the ac- By Mr. DURBIN: propriate legislation to pass federal funds on count contribution limits, and lowering the S. 1623. A bill for relief of Elvira Arellano; to states via block grants to be used for pub- limits on annual deductibles for partici- to the Committee on the Judiciary. lic welfare and Medicaid purposes; and be it pating employees would encourage greater f further participation among consumers, employers, Resolved, That the Texas secretary of state and insurance providers: Now, therefore, be SUBMISSION OF CONCURRENT AND forward official copies of this resolution to it SENATE RESOLUTIONS the president of the United States, the Resolved, That the 78th Legislature of the speaker of the house of representatives and State of Texas hereby respectfully request The following concurrent resolutions the president of the senate of the United the Congress of the United States to broaden and Senate resolutions were read, and States Congress, the secretary of the United the scope and availability of the medical referred (or acted upon), as indicated: States Department of Health and Human savings account program, remove its restric- By Mr. FRIST (for himself and Mr. Services and all the members of the Texas tions, and allow state governments to design DASCHLE): delegation to the congress with the request such programs for their employees; and be it S. Res. 226. A resolution to authorize rep- that this resolution be officially entered into further resentation by the Senate Legal Counsel in the Congressional Record of the United Resolved, That the Texas secretary of state the case of Josue Orta Rivera v. Congress of States of America. forward official copies of this resolution to the United States of America, et al; consid- the president of the United States, to the ered and agreed to. POM–280. A concurrent resolution adopted speaker of the house of representatives and By Mr. BAYH (for himself and Mr. the president of the senate of the United by the Legislature of the State of Texas rel- LUGAR): ative to the medical savings account pro- States Congress, and to all members of the S. Res. 227. A resolution expressing the gram; to the Committee on Finance. Texas delegation to the congress with the re- profound sorrow of the Senate for the death quest that this resolution be officially en- HOUSE CONCURRENT RESOLUTION NO. 90 of Indiana Governor Frank O’Bannon and ex- tered in the Congressional Record as a me- Whereas, Medical Savings Accounts tending thoughts, prayers, and condolences morial to the Congress of the United States to his family, friends and loved ones; consid- (MSAs) offer an innovative alternative to of America. high-premium insurance policies by com- ered and agreed to. bining tax-free savings accounts and high-de- f By Mr. FEINGOLD: ductible catastrophic health insurance plans; REPORTS OF COMMITTEES S. Con. Res. 69. A concurrent resolution and providing that any agreement relating to Whereas, individuals choosing to use these The following reports of committees trade and investment that is negotiated by accounts can pay for routine and minor med- were submitted: the executive branch with other countries ical services with funds set aside in a tax- By Mr. STEVENS, from the Committee on must comply with certain minimum stand- free savings account, while major health Appropriations: ards; to the Committee on Finance. care costs are covered by their high-deduct- Special Report entitled ‘‘Further Revised f ible health insurance plans; and Allocation to Subcommittees of Budget To- Whereas, tax-free MSAs encourage individ- tals for Fiscal Year 2004’’ (Rept. No. 108–148). ADDITIONAL COSPONSORS uals to make wise and economical decisions f S. 242 about their health care because managing their own accounts often makes them more INTRODUCTION OF BILLS AND At the request of Mr. DOMENICI, the aware of the true costs of health care; MSAs JOINT RESOLUTIONS name of the Senator from Virginia (Mr. WARNER) was added as a cosponsor of S. also offer participants greater access to med- The following bills and joint resolu- ical services and the freedom to choose their 242, a bill to amend the Internal Rev- tions were introduced, read the first own health care providers; and enue Code of 1986 to provide the same and second times by unanimous con- Whereas, a survey of MSA plan partici- capital gains treatment for art and col- sent, and referred as indicated: pants shows that employers offering MSAs lectibles as for other investment prop- to their employees have been able to reduce By Mr. ROCKEFELLER (for himself, erty and to provide that a deduction health insurance expenses by up to 40 per- Mr. HOLLINGS, Mr. LAUTENBERG, and equal to fair market value shall be al- cent; in contrast, employers overall have re- Mr. NELSON of Florida): cently experienced an average 16 percent in- S. 1618. A bill to reauthorize Federal Avia- lowed for charitable contributions of crease in health insurance premiums, with tion Administration Programs for the period literary, musical, artistic, or scholarly some small employers confronting increases beginning on October 1, 2003, and ending on compositions created by the donor. of 40 to 50 percent; and March 31, 2004, and for other purposes; read S. 514 Whereas, the federal MSA pilot program, the first time. At the request of Mr. BUNNING, the which was designed for small employer By Mrs. MURRAY (for herself and Mr. name of the Senator from Kansas (Mr. groups and the self-employed, carries restric- DEWINE): tions that may discourage participation in S. 1619. A bill to amend the Individuals BROWNBACK) was added as a cosponsor the program and create confusion among po- with Disabilities Education Act to ensure of S. 514, a bill to amend the Internal tential applicants, employers, and insurance that children with disabilities who are home- Revenue Code of 1986 to repeal the 1993 providers; and less or are wards of the State have access to income tax increase on Social Security Whereas, the federal MSA pilot program special education services, and for other pur- benefits. limits annual deductibles for participating poses; to the Committee on Health, Edu- S. 736 employees to not less than $1,700 or more cation, Labor, and Pensions. than $2,500 for an individual and not less By Mr. BINGAMAN: At the request of Mr. ENSIGN, the than $3,500 or more than $6,150 for a family; S. 1620. A bill to condition the implementa- name of the Senator from Ohio (Mr. annual out-of-pocket expenses under the tion of assessment procedures in connection DEWINE) was added as a cosponsor of S.

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.140 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11569 736, a bill to amend the Animal Welfare bill to establish a Federal program to ensure that children with disabilities Act to strengthen enforcement of pro- provide reinsurance to improve the who are homeless or are wards of the visions relating to animal fighting, and availability of homeowners’ insurance. State have access to special education for other purposes. S.J. RES. 17 services, and for other purposes; to the S. 740 At the request of Mr. CORZINE, his Committee on Health, Education, At the request of Mr. LIEBERMAN, the name was added as a cosponsor of S.J. Labor, and Pensions. name of the Senator from Pennsyl- Res. 17, a joint resolution disapproving Mrs. MURRAY. Mr. President, today vania (Mr. SPECTER) was added as a co- the rule submitted by the Federal Com- I am pleased to join my colleague Sen- sponsor of S. 740, a bill to amend title munications Commission with respect ator DEWINE in introducing legislation XVIII of the Social Security Act to im- to broadcast media ownership. to provide a high-quality education to homeless and foster children with dis- prove patient access to, and utilization S. CON. RES. 21 abilities. The Individuals with Disabil- of, the colorectal cancer screening ben- At the request of Mr. BUNNING, the efit under the medicare program. ities Education Act (IDEA) is based on names of the Senator from Iowa (Mr. the bedrock American principle of S. 767 GRASSLEY) and the Senator from Ne- equal opportunity. IDEA recognizes At the request of Mr. BAYH, the name braska (Mr. HAGEL) were added as co- that students have a civil right to a of the Senator from Hawaii (Mr. sponsors of S. Con. Res. 21, a concur- free, appropriate public education, INOUYE) was added as a cosponsor of S. rent resolution expressing the sense of even if their special needs require addi- 767, a bill to amend the Internal Rev- the Congress that community inclusion tional resources. Because most foster enue Code of 1986 to repeal the increase and enhanced lives for individuals with and homeless children face distinct in the tax on Social Security benefits. mental retardation or other develop- challenges, they require even more at- S. 877 mental disabilities is at serious risk tention and consideration to make sure At the request of Mr. BURNS, the because of the crisis in recruiting and their educational needs are met. The name of the Senator from Maine (Ms. retaining direct support professionals, Improving Education for Homeless and COLLINS) was added as a cosponsor of S. which impedes the availability of a sta- Foster Children with Disabilities Act 877, a bill to regulate interstate com- ble, quality direct support workforce. would make small but critical changes merce by imposing limitations and S. RES. 209 to ensure these children have a real op- penalties on the transmission of unso- At the request of Mr. JEFFORDS, the portunity to fulfill their potential. licited commercial electronic mail via name of the Senator from Mississippi Students with disabilities face addi- the Internet. (Mr. LOTT) was added as a cosponsor of tional challenges in school as do foster S. 982 S. Res. 209, a resolution recognizing and homeless children. But to live in a At the request of Mrs. BOXER, the and honoring Woodstock, Vermont, na- foster home or in no home at all and to name of the Senator from Maryland tive Hiram Powers for his extraor- have a disability is truly to have the (Mr. SARBANES) was added as a cospon- dinary and enduring contributions to deck stacked against you. Congress has sor of S. 982, a bill to halt Syrian sup- American sculpture. a long and proud tradition of sup- port for terrorism, end its occupation S. RES. 219 porting and protecting educational op- of Lebanon, stop its development of At the request of Mr. GRAHAM of portunity for our most vulnerable weapons of mass destruction, cease its South Carolina, the names of the Sen- young people. It’s what we did when we illegal importation of Iraqi oil, and ator from Maine (Ms. COLLINS) and the passed the Elementary and Secondary hold Syria accountable for its role in Senator from Ohio (Mr. DEWINE) were Education Act in 1965. It’s what we did the Middle East, and for other pur- added as cosponsors of S. Res. 219, a when we created Head Start, and it’s poses. resolution to encourage the People’s what we did when we started giving out S. 1213 Republic of China to establish a mar- Pell Grants. It’s time for us to step up At the request of Mr. SPECTER, the ket-based valuation of the yuan and to once again and make the changes to name of the Senator from Nevada (Mr. fulfill its commitments under inter- make IDEA work for homeless and fos- ENSIGN) was added as a cosponsor of S. national trade agreements. ter children with disabilities. The bill that Senator DEWINE and I 1213, a bill to amend title 38, United S. RES. 220 are introducing today addresses the States Code, to enhance the ability of At the request of Ms. MURKOWSKI, the unique educational needs of children the Department of Veterans Affairs to name of the Senator from Alaska (Mr. with disabilities who are in foster care improve benefits for Filipino veterans STEVENS) was added as a cosponsor of or who experience homelessness. Foster of World War II and survivors of such S. Res. 220, a resolution designating children and homeless children face a veterans, and for other purposes. the ninth day of September of each unique set of challenging cir- S. 1353 year as ‘‘National Fetal Alcohol Syn- cumstances. There are over 500,000 chil- At the request of Mr. BROWNBACK, the drome Awareness Day’’. name of the Senator from Wisconsin dren in foster care. Thirty percent of AMENDMENT NO. 1655 them are in special education. We (Mr. FEINGOLD) was added as a cospon- At the request of Mrs. FEINSTEIN, the know that foster children often do not sor of S. 1353, a bill to establish new names of the Senator from South Da- special immigrant categories. function well in school. Foster children kota (Mr. JOHNSON), the Senator from have usually been separated from their S. 1479 Washington (Mrs. MURRAY), the Sen- biological families as a result of child At the request of Mr. SCHUMER, the ator from New York (Mrs. CLINTON), abuse or neglect, which can leave both name of the Senator from Maine (Ms. the Senator from West Virginia (Mr. emotional and physical marks for life. COLLINS) was added as a cosponsor of S. ROCKEFELLER) and the Senator from Given the shortage of foster parents in 1479, a bill to amend and extend the Michigan (Ms. STABENOW) were added this country, children in foster care are Irish Peace Process and Cultural Train- as cosponsors of amendment No. 1655 often shuttled between many different ing Program Act of 1998. proposed to H.R. 2754, a bill making ap- homes and schools. One young man has S. 1554 propriations for energy and water de- shared with me his story of living in At the request of Mrs. MURRAY, the velopment for the fiscal year ending more than 100 homes throughout his name of the Senator from Massachu- September 30, 2004, and for other pur- childhood. Every time these children setts (Mr. KENNEDY) was added as a co- poses. move to a new home, they may have to sponsor of S. 1554, a bill to provide for f attend a new school. And every time secondary school reform, and for other these children enroll in a new school, purposes. STATEMENTS ON INTRODUCED they must start over in securing the S. 1607 BILLS AND JOINT RESOLUTIONS supports and services they need to re- At the request of Mr. GRAHAM of By Mrs. MURRAY (for herself and ceive the free and appropriate public South Carolina, the name of the Sen- Mr. DEWINE): education that is their civil right. ator from North Carolina (Mrs. DOLE) S. 1619. A bill to amend the individ- In addition to frequent absences and was added as a cosponsor of S. 1607, a uals with disabilities Education Act to transfers, foster children often don’t

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.082 S16PT1 S11570 CONGRESSIONAL RECORD — SENATE September 16, 2003 have parents to advocate for their edu- By Mr. BINGAMAN: this point, we have little information cational needs. Almost every parent S. 1620. A bill to condition the imple- about exactly what those instruments whose child has a disability will tell mentation of assessment procedures in are and HHS has not made available you that their role as advocate for connection with the Head Start Na- the results of pilot tests or the com- their child correlates directly to the tional Reporting System on Child Out- ments made by experts on the content quality of the education their child re- comes, and for other purposes; to the of the assessment. ceives. Without a parent to advocate Committee on Health, Education, To my mind, the speed with which for them, foster children can languish Labor, and Pensions. this assessment was rolled out makes for years with unrecognized disabilities Mr. BINGAMAN. Mr. President, I rise it unlikely that the measures have or insufficient services to help them today to introduce the Head Start As- been properly developed and tested. It succeed in school. These experiences sessment Act of 2003. The purpose of has also become clear that the assess- can leave children in foster care with- this Act is to ensure that the full-scale ment targets only a few of the skills out the education and support to lead implementation of the Head Start Na- that Head Start seeks to instill in chil- functional, productive lives. tional Reporting System takes place dren. For example, social skills are not Homeless children in our country after there has been ample opportunity being assessed and it is clear that with- also face significant hurdles to succeed for expert and public commentary on out them, children are simply not in school, which are exacerbated for the assessment, Congressional over- ready to learn. children with disabilities. The Urban sight hearings have been held, and the It is also very important that suffi- Institute estimates that 1.35 million National Academies have completed a cient time be taken to insure that children experience homelessness each study of this issue to ensure that the English language learners are not put year. A high proportion of homeless assessment is reliable and appropriate. at a disadvantage by being given a test children with disabilities also need spe- Currently, children in Head Start are that is not appropriate for them. The cial education services, yet many assessed 3 times a year on all of the do- test is in English and Spanish, and yet homeless children have great difficulty mains of early learning and develop- many Head Start children speak Asian accessing these services. ment, including literacy and math. The or other languages. In my home State Children who experience homeless- National Reporting System (NRS) is an of New Mexico, for example, I have ness desperately need stability in their assessment developed by HHS, which heard from Native American Head lives, but they often lack the con- would create an additional test for all Start Directors who are concerned that tinuity of staying in one school or even 4-year olds in Head Start, roughly 1⁄2 the NRS, in its current form, is not ap- in one school district long enough for million children, on literacy and math propriate for their students, who often an Individualized Education Plan—or skills only. Children would be assessed do not speak English in the home. We IEP—to be developed and implemented. twice a year and according to Adminis- should take the time to insure that the In addition, like foster children, some tration documents, changes over time assessment tool that is ultimately used homeless youth have no legal guardian in children’s scores would be used to is valid and reliable, assesses the to watch out for their educational judge the success of individual Head gamut of skills that children acquire in needs and to advocate for their best in- Start programs. The new testing pro- Head Start, and is appropriate for chil- terests. gram is expected to cost about $20 mil- dren from a wide variety of cultural Despite this difficult situation, we lion each year. Some pilot testing was backgrounds. can help these children with a high- begun in April and May of 2003 and It is also crucial that throughout the quality education. The Improving Edu- HHS expects to begin full implementa- process of developing these instru- cation for Homeless and Foster Chil- tion of the NRS this fall. ments, there is ample consultation dren with Disabilities Act amends The purpose of the bill that I am in- both with the public and with experts IDEA to help States and districts meet troducing today is not to undermine in early childhood development and re- these challenges. It facilitates greater this assessment, or to oppose assess- search methodology. The results of continuity for students who change ment, but to make sure that it is done these consultations and decisions re- schools or school districts, by ensuring correctly. As you know, I have a long garding the NRS should be made pub- that students’ IEPs follow them from history of supporting accountability lic. Although HHS claims that they school to school. It increases opportu- for educational programs. Assessments have had many meetings with ‘‘ex- nities for early evaluation and inter- are important tools for accountability. perts’’, there is little or no information vention for homeless and foster infants They can be used to benefit teachers publicly available that clarifies what and toddlers with disabilities. It also and students and to raise the bar for went on at these meetings, what deci- provides for representation of foster all educational programs. That being sions were reached, and whether the and homeless children on key commit- said, a good assessment takes time to advice of the experts was or was not tees that make critical decisions af- develop and the measures and proce- heeded in developing the NRS. To date, fecting special education. This bill ex- dures that are used must be thoroughly there has been no Congressional over- pands the definition of ‘‘parent’’ to in- debated and discussed. I have grave sight or public task force convened. De- clude relatives or other caregivers who concerns about the speed with which velopment of an assessment tool as im- are equipped to make sound decisions the NRS was developed as well as with portant as this one should not occur in a child’s best interest when there is the opacity of the process by which behind closed doors. Congress and the no biological parent available to do so. HHS has proceeded to date. public have a right to participate in Finally, it improves coordination of Assessing young children is notori- and comment on this process. services and information so edu- ously difficult. They are not used to My bill would help to insure that the cational and social services agencies taking tests and often do not have the NRS is developed in the proper fashion. can function more efficiently to benefit emotional maturity to sit still and The Secretary of HHS would be re- these children. focus on the task at hand. Their test quired to halt the full-scale implemen- As we reauthorize IDEA, we have an scores tend to fluctuate across time tation of the NRS until such time as obligation to pay extra attention to and can reflect many factors unrelated Congressional oversight hearings have these children and to provide the re- to their skills. The National Academy been held, the Secretary has concluded sources and support they need. The of Sciences report, ‘‘Eager to Learn: public forums on this issue, and the real test of how we treat children in Educating Our Preschoolers’’ made it National Academy of Sciences has con- America is measured in how we treat clear that more research on assessing ducted a study using a panel of nation- the most vulnerable among us, and this young children is needed before such ally recognized experts in early child- bill gives us a chance to do the right assessments should be used for ac- hood assessment, child development, thing. I urge the Senate to truly ensure countability purposes. Because of this, and education. The NAS study would that no child is left behind by passing it is crucial that the assessment in- provide specific information regarding: the Improving Education for Homeless struments to be used in the NRS are a. the skills and competencies that are and Foster Children with Disabilities properly validated and deemed to be predictive of school readiness and aca- Act. appropriate for 4-year old children. At demic success in young children, b. the

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.084 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11571 development, selection, and use of in- skills and competencies that the National assessments to improve Head Start program struments to assess literacy, mathe- Academy of Sciences reports state children effectiveness and instruction. matical, emotional and social skills as require to succeed, and it has not been thor- (4) The resources required for successful well as health and physical well-being oughly debated by those groups associated implementation of additional assessments with Head Start, including early childhood within Head Start and how such additional young children, c. the proper use of development and assessment experts, early assessments might be coordinated with cur- early childhood assessments to im- childhood educators and administrators, rent processes. prove Head Start programs and d. the family members of children participating in (5) Whether a new assessment would pro- steps needed to ensure that assess- Head Start, or Congress. vide information to improve program ac- ments take into account the racial, SEC. 3. DELAYED IMPLEMENTATION OF ASSESS- countability or instruction that is not al- cultural, and linguistic diversity of MENT PROCEDURES IN CONNEC- ready available from existing assessments TION WITH THE HEAD START NA- Head Start students, among other and reporting procedures within Head Start. TIONAL REPORTING SYSTEM ON (6) The professional development and per- things. CHILD OUTCOMES. sonnel needs for successful implementation I urge my colleagues to support this (a) SATISFACTION OF CONDITIONS.—The Sec- retary of Health and Human Services shall of early childhood assessments. bill. Head Start is the flagship edu- (7) The practicality of employing sampling cational program for low-income chil- not proceed with the full-scale implementa- tion of the Head Start National Reporting techniques as part of any early childhood as- dren. Studies clearly show that chil- System on Child Outcomes, as described in sessment. dren who attend Head Start programs the project proposal (68 Fed. Reg. 17815; re- (8) The practicality of employing observa- show gains in their cognitive and social lating to Implementation of the Head Start tional and work-sampling assessment tech- skills, but we also know that more can National Reporting System on Child Out- niques as part of an early childhood assess- and should be done for this vulnerable comes), until the Secretary certifies to Con- ment. (9) Steps needed to ensure that assess- population. Assessments can be an im- gress that the following conditions have been satisfied: ments accommodate the racial, cultural, and portant means to insure that quality is (1) OVERSIGHT HEARINGS.—Congressional linguistic diversity of young children, in- maintained in each Head Start pro- oversight hearings have been concluded con- cluding young children with disabilities. gram, but poorly developed or imple- cerning the development and implementa- mented assessments can do more harm tion of the Head Start National Reporting By Mr. BROWNBACK: than good. Let’s take our time, consult System on Child Outcomes. S. 1621. A bill to provide for con- with the experts and the public, and (2) PUBLIC FORUMS.—The Secretary has sumer, educational institution, and li- come up with a National Reporting concluded, consistent with the requirements brary awareness about digital rights of subsection (b), public forums in different management technologies included in System that we can all be proud of. regions of the United States, and provided an I ask unanimous consent that the the digital media products they pur- opportunity for written public comments, chase, and for other purposes; to the text of the bill be printed in the concerning early childhood assessment pro- RECORD. posals. Committee on Commerce, Science, and There being no objection, the bill was (3) STUDY ON EARLY CHILDHOOD ASSESS- Transportation. Mr. BROWNBACK. Mr. President, I ordered to be printed in the RECORD, as MENTS.—The Secretary has submitted, con- rise to introduce the Consumers, follows: sistent with subsection (c), to Congress a study of early childhood assessments focus- Schools, and Libraries Digital Rights S. 1620 ing on improving accountability, instruc- Management Act of 2003, legislation I Be it enacted by the Senate and House of Rep- tion, and the delivery of services. The Sec- view as vital for American consumers resentatives of the United States of America in retary shall request the National Academy and our Nation’s educational commu- Congress assembled, of Sciences to prepare the study using a nity as they venture forth into the 21st SECTION 1. SHORT TITLE. panel of nationally recognized experts in century digital media marketplace. This Act may be cited as the ‘‘Head Start early childhood assessment, child develop- ment, and education. This legislation responds directly to Assessment Act of 2003’’. ongoing litigation between the Record- SEC. 2. FINDINGS. (4) AVAILABILITY OF FUNDS.—Without re- ducing the number of students served by ing Industry Association of America Congress finds the following: and Internet service providers Verizon (1) When used appropriately, valid and reli- Head Start, sufficient funds are available to— able assessments can be of positive value for and SBC Communications. This litiga- (A) develop and implement any new Head improving instruction and supporting devel- tion has opened wide all identifying in- Start assessments; and opment of young children. formation an ISP maintains on its sub- (B) deliver necessary additional technical (2) According to the National Academy of scribers, effectively requiring ISPs to assistance and professional development re- Sciences report, Eager to Learn: Educating make that information available to quired to successfully implement the new as- Our Preschoolers, assessment of children sessments. any party simply requesting the infor- below school age is in ‘‘flux’’ and ‘‘all assess- (b) PUBLIC FORUM PARTICIPATION.—To sat- mation. The legislation also creates ments, and particularly assessments for ac- isfy the condition specified in subsection certain minimal protections for con- countability, must be used carefully and ap- (a)(2), the Secretary shall ensure that par- sumers legally interacting with digital propriately if they are to resolve, and not ticipation in the required forums includes— media products protected by new dig- create, educational problems.’’ (1) early childhood development and as- ital rights management technologies. (3) The Eager to Learn report emphasized sessment experts; that the intended purpose and use of the data I had intended to introduce indi- (2) early childhood educators and adminis- vidual pieces of legislation on these to be derived from assessments should be trators; and considered in determining which assessment (3) family members of children partici- issues—privacy and digital rights man- instruments and procedures are most appro- pating in Head Start. agement. However, given that both priate. (c) INFORMATION REQUIRED BY STUDY ON issues are so relevant to consumers in (4) The National Academy of Sciences re- EARLY CHILDHOOD ASSESSMENTS.—To satisfy the digital age, I ultimately decided to ports that few early childhood educators and the condition specified in subsection (a)(3), present them to my colleagues in one administrators are well-trained in the selec- the Secretary shall ensure that the required comprehensive bill. tion and appropriate use of assessments for study contains, at a minimum, specific infor- It has been determined by a Federal young children. mation regarding the following: court that a provision of the Digital (5) According to the National Academy of (1) Which skills and competencies are pre- Sciences report, From Neurons to Neighbor- dictive of school readiness and future aca- Millennium Copyright Act permits the hoods, the emotional and social development demic success. RIAA to obtain this ISP subscriber’s of young children is as critical to school (2) The development, selection, and use of identifying information without any readiness as language and cognitive develop- instruments, determined to be reliable and judicial supervision, or any due process ment. validated for preschoolers, including pre- for the subscriber. Today, right now, (6) The Head Start Act currently requires schoolers in the Head Start population, to solely due to this court decision, all programs to assess children in Head Start a assess the development in young children that is required for a person to obtain minimum of three times a year against cer- of— the name and address of an individual tain performance standards, which include (A) literacy, language, and mathematical all domains of the development and learning skills; who can only be identified by their In- of children. (B) emotional and social skills; and tent Protocol address—their Internet (7) The proposed Head Start National Re- (C) health and physical well-being. phone number—is to claim to be a porting System on Child Outcomes assess- (3) The development of appropriate bench- copyright owner, file a one page sub- ment is not reflective of the full range of marks and the proper use of early childhood poena request with a clerk of the court,

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.086 S16PT1 S11572 CONGRESSIONAL RECORD — SENATE September 16, 2003 a declaration swearing that you truly I want to be celar on an important of these uses are the result of court de- believe an ISP’s subscriber is pirating point. This subpoena is mostly being cisions interpreting one of those limi- your copyright, the clerk will then sought by mainstream digital media tations, the limitation known as Fair send the request to the ISP, and the owners who are seeking to prevent pi- Use, and customs based on those court ISP has no choice but to divulge the racy performed using peer to peer file decisions. As a result, consumers can identifying information of the sub- sharing software. While I am as dis- record cable and broadcast program- scriber—name, address, phone num- appointed as anyone that the mighty ming for non-commercial, private ber—to the complaining party. There RIAA would choose to force a little 12- home use. They can lend DVDs and CDs are no checks, no balances, and the al- year-old girl—one of the Internet sub- to friends and family. They can make leged pirate has no opportunity to de- scribers identified through an RIAA copies of movies and music in different fend themselves. My colleagues, this subpoena—and her mother to pay them formats so that they can use them with issue is about privacy not piracy. $2000 for the girl’s piracy, I am still op- different types of playback devices. The real harm here is that nothing in posed to piracy as much as any Mem- Media products can be used for criti- this quasi-subpoena process prevents ber of Congress. I have a strong record cism, research, and a range of other someone other than a digital media on property rights to back that up. I educational purposes that include acts owner—say a stalker, a pedophile, a have no interest in seeking to shield of redistribution. All of these uses of telemarketer or even a spammer from those who have committed piracy from content can be made by consumers and using this quasi-subpoena process to the law or hamper the ability of prop- the educational community under the gain the identity of Internet sub- erty owners to defend their rights. My Copyright Act, and none of them re- scribers, including our children. In concern with this quasi-subpoena proc- quire the permission of the copyright fact, we cannot even limit this sub- ess is with the problems it creates. I owner. poena process to mainstream copyright have made it very clear to all stake- The same digital marketplace that owners. holders that I stand ready to work on has given rise to DRM is also updating This past July, SBC Communications alternative legislation if they perefer the ways consumers and the edu- received a subpoena request for the something else to this provision, but cational community may use media personal information of approximately unfortunately that offer has been flatly products in powerful new ways. 60 of its Internet subscribers. The copy- Broadband connectivity and new dig- right owner that made the request is a rejected. This week the Senate voted to re- ital networking technologies—used in hard core pornographer named Titan verse the Federal Communications homes, offices, schools, and libraries— Media. We cannot permit the continued Commission’s new media ownership raise the prospect of never having to existence of a private subpoena that regulations. I opposed that resolution, use physical media again. Instead, con- can be used by pornographers to easily because I do not believe the FCC’s sumers, employees, students, and li- identify Americans. If you have any amendments to its media outlet owner- brary patrons could access legally doubt, all you need to do is look into ship rules are a threat to competition owned and legally possessed media the generous amnesty program offered products that reside on such a network by Titan Media to those it accuses of and diversity. However, I do stand with remotely, via the Internet. These de- piracy: buy their porn, and they won’t my colleagues in supporting a media velopments could revolutionize the in- use the subpoena to identify you. The marketplace where information flows formation age at its onset. threat of abuse is simply too great, as from numerous sources and our con- stituents are empowered by a full Digital rights management can both Titan Media has already demonstrated. help and hinder this evolutionary proc- The Consumers, Schools, and Librar- range of robust digital outlets and new ess. DRM can be a powerful tool for ies Digital Rights Management Aware- digital technologies available to them combating digital piracy. It can tether ness Act of 2003 requires the owners of in the 21st century media marketplace. digital content to specific devices, pre- digital media products to file an actual While well intentioned, I believe my case in a court of law in order to obtain colleagues are simply focusing on the venting that content from being used the identifying information of an ISP wrong issues in the current debate over on other devices. DRM can also pro- subscriber. This will provide imme- media ownership. hibit Internet redistribution of digital diate privacy protections to Internet Digital rights management, other- media products. DRM also has its downside, espe- subscribers by forcing their accusers to wise known simply as DRM, refers to cially when it is incorporated into dig- appear publicly in a court of law, where the growing body of technology—soft- ital media products, and purchased un- those with illicit intentions will not ware and hardware—that controls ac- wittingly by consumers. Some con- tread, and provides the accused with cess to and use of information, includ- due process required to properly defend ing the ability of individuals to dis- sumers have already become ac- themselves. tribute that information over the quainted with DRM in the marketplace In addition, the bill requires the Fed- Internet. Over the past few years the this way. Less than 2 years ago music eral Trade Commission to study alter- large media companies have persist- labels began selling copy-protected native means to this subpoena process, ently sought out new laws and regula- CDs. Consumers came to find their so that we may empower our Nation’s tions that would mandate DRM in the CDs—that look just like the CDs they intellectual property owners to defend marketplace, denying consumers and have been purchasing for years—would their rights by pursuing those who are the educational community the use of not play on many personal computers, stealing from them, but to do so in a media products as has been custom- and in some instances became lodged safe, private, confidential manner arily and legally permitted. inside them. In addition, they could no where consumers are concerned, and As a result, the Consumers, Schools, longer make the legal practice of con- without burdening the courts. and Libraries Digital Rights Manage- verting them into digital MP3 files for Transitioning to an FTC process will ment Awareness Act of 2003 will pre- use on portable MP3 players. More re- ensure that there can be speedy clude the FCC from mandating that cently, consumers purchasing the pop- verification, due process, safety, and consumer electronics, computer hard- ular tax filing software, Turbo Tax, maximum protection for the innocent, ware, telecommunications networks, came to realize they could only use the while preserving maximum civil en- and any other technology that facili- software on the first computer they forcement against pirates. tates the use of digital media products, downloaded it onto, never mind situa- I do not offer this legislation to de- such as movies, music, or software, be tions where they desperately needed to bate the history and merits of the built to respond to particular digital complete their tax filings on a dif- DMCA. I offer this legislation for my rights management technologies. ferent computer. I have no doubt that colleagues consideration, because I find Consumers and the educational com- came as a nice surprise to taxpayers it untenable that any Internet sub- munity are legally permitted to use pressing to meet filing deadlines. It is scribers’ identifying information can media products in a host of ways. Some my understanding that many con- be obtained, under government aus- of these uses are specifically identified sumers are registering their view on pices no less, without any oversight or in the Copyright Act as limitations on this use of DRM by purchasing com- due process. the rights of copyright owners. Many peting software not so limited.

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.117 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11573 When combined with government be deemed ‘‘Broadcast Flag’’ compli- two previously mentioned proceedings. mandates requiring that all consumer ant. The principal approval role for al- This will negate any future efforts by appliances use or respond to specific ternate DRM content protection tech- the big media companies to further ex- DRM technologies and capabilities, the nologies is vested in several big media pand the ways in which they can con- potential for mass consumer confusion companies and some of the narrow trol how content may be legally used. and disservice is clear. I introduce this group of electronics companies owning Second, the bill sets ground rules for legislation today, because DRM man- the patent in 5C. In the only cir- the FCC’s broadcast flag proceeding. It dates sought by the major media com- cumstance under this proposal where permits the FCC, if it has such author- panies are threatening to create just the FCC would have a role in approving ity, to require consumer electronics such an experience for consumers and a new technology, the baseline for FCC companies to detect a Broadcast Flag the educational community. I can consideration would be the preordained and prohibit illegal Internet retrans- think of no greater threat to media and 5C technology and their associated li- mission of digital broadcast program- information diversity and competition cense terms. I hardly consider a pro- ming to the public when it detects the than large, vertically integrated media posal to be technology neutral when flag. However, this proposal relies on a and Internet companies using DRM such important competitive determina- self-certification requirement, so con- technology mandates to not only con- tions are placed in the hands of in- sumer electronics and information trol distribution of content, but also vested stakeholders as gatekeepers. technology companies can deploy com- the ways in which that content is used Such a proposal deprives the market peting and innovative DRMs that pro- by consumers in the privacy of their place of the very qualities the media hibit DTV piracy immediately, not homes, by teachers in our Nation’s companies need to fight piracy: com- subject to the whims of industry gate- classrooms and educational institu- petition and innovation. I commend keepers. Like the Plug and Play agree- tions, and by all Americans in our li- Intel, one of the 5C companies, for rec- ment this proposal provides a meaning- braries. ognizing this grim reality and being ful role for the FCC, not industry Last week, the Federal Communica- bold enough to support a different stakeholders, to resolve any controver- tions Commission adopted regulations course, as I will outline in a moment. sies that may arise with new tech- approving a private sector agreement The important of technological neu- nologies. between the cable TV industry and the trality in the Plug and Play agreement In addition to addressing the threat consumer electronics industry, called versus the tech mandate in the Broad- of FCC tech mandates in the broadcast the Cable-CE ‘‘Plug and Play’’ agree- cast Flag becomes very clear when you DTV space, this legislation also ad- ment. The Plug and Play agreement review the particular provisions of dresses other important concerns re- governs how consumer electronics de- each agreement. garding the introduction of DRM into vices, information technology, and In today’s world, a DRM technology the marketplace, to prevent some of cable TV networks work together. does not seem to exist that can both the experiences of consumers with this Both the cable TV and CE industries permit consumers to use the Internet important technology to date. should be commended for working to- to legally access content stored in First, the bill provides on year for all gether to make digital TV sets ‘‘cable their homes—on a home network for stakeholders in the digital media mar- ready,’’ and speeding the transition to instance—while also preventing the un- ketplace to voluntarily devise a label- digital television for consumers. fettered Internet redistribution of such ing regime for all DRM-enabled digital This private agreement includes dig- content. However, because the Cable- media products, including those made ital rights management provisions— CE agreement envisions new DRM available solely online, so consumers called ‘‘encoding rules—that are aimed technologies, and make it possible for will know what they are buying when at protecting cable TV programming them to be approved for use with cable they but it. from piracy, but in a manner that networks and CE devices, the potential Second, the bill prohibits the use of seeks to preserve the customary and for a new DRM technology that can DRM technologies to prevent con- legal uses of media by consumers and strike this important balance exists. the educational community to the Since the Flag proposal is so closed sumers from reselling the used digital greatest degree possible. off to new technologies, it is unlikely media products they no longer want, or The agreement is technology neutral, that it will evolve to permit point-to- from donating used digital media prod- in that new DRM content protection point redistribution of digital broad- ucts to schools and libraries. technologies may be devised and cast content over the Internet, for ex- Finally, the bill directs the Federal deemed compliant with the security ample, from one’s home to one’s office Trade Commission—our Nation’s pre- protocols of the Plug and Play agree- or from a son or daughter to any elder- mier consumer protection agency—to ment. A proponent of a new content ly parent. Furthermore 5C is capable of carefully monitor the introduction of protection technology has a right to completely locking down the ways con- DRM into the marketplace, reporting appeal to the FCC if Cable Labs rejects sumers and the educational community to Congress in incidents of consumer that technology, and the FCC will con- can record or otherwise use DTV con- confusion and dissatisfaction, and sug- duct a de novo review based on objec- tent. It is no wonder then that the gesting measures that can ease the im- tive criteria. Unfortunately, the Com- technical specifications for the actual pact DRM has on law abiding con- mission may take a very different ap- Flag itself in major media’s proposal sumers. proach in protection broadcast digital provides for the possibility that it can The Senate has responded to what television programming from piracy in be used to send new, more restrictive many view as the threat of increasing its ‘‘Broadcast Flag’’ proceeding, as encoding rules to consumer electronics consolidation in the media market- first proposed by the big media compa- devices that operate DTV content. place. If my colleagues are concerned nies, and later joined by a very select The Consumers, Schools, and Librar- with consolidation in outlet ownership group of electronics companies that ies Digital Rights Management Aware- then I have no doubt they will be own the patent in the one DRM tech- ness Act of 2003 will ensure that anti- equally concerned with Federally-man- nology, 5C approved for use in the pro- piracy policies for broadcast DTV will dated controls over how consumers and posal. The broadcast flag proposal re- provide maximum protections for in- the educational community may actu- quires every device that receives dig- dustry, but in a manner that relies on ally use information flowing through ital television content to recognize a innovation, competition, and serving those outlets. Piracy Prevention is a ‘‘flag’’ that can be attached to DTV the interests of consumers to achieve goal we can all work together to pur- programming, and to respond to the that goal. sue. DRM-mandated business models, flag by encrypting the content using an First, the bill prohibits the Federal however, should not be the product of ‘‘authorized technology’’ that would be Communications Commission from this Congress or any agency under our expressly required by FCC regulation. moving forward with any new pro- jurisdiction. The Federal Communica- Unlike the Plug and plan agreement, ceedings that impact the ways in which tions Commission seems to be missing the broadcast flag proposal makes it consumers may access or distribute this point. I encourage all of my col- difficult for new DRM technologies to digital media products, aside from the leagues to work with me to put the

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.120 S16PT1 S11574 CONGRESSIONAL RECORD — SENATE September 16, 2003 brakes on the FCC. Support the Con- (8) It is not in the interests of our nation’s or reproducing a digital media product, be sumers, Schools, and Libraries Digital economy, marketplace innovation, nor con- manufactured using any particular redis- Rights Management Awareness of 2003. sumer, educational institution, and library tribution control technology or technologies, I ask unanimous consent that the welfare to permit the advent of access or re- but only may provide for establishment of objective standards to achieve a functional text of the bill be printed in the distribution control technologies to limit the existence of legitimate secondary mar- requirement of preventing illegal redistribu- RECORD. kets for digital media products, a traditional tion of digital terrestrial television broad- There being no objection, the bill was form of commerce that is founded in our na- cast programming to the public over the ordered to be printed in the RECORD, as tion’s economic traditions, provides critical Internet; and follows: resources for our nation’s educational insti- (C) provide for manufacturer self-certifi- Be it enacted by the Senate and House of Rep- tutions and libraries, and is otherwise con- cation, to be enforced exclusively by the resentatives of the United States of America in sistent with applicable law. Commission pursuant to its existing enforce- Congress assembled, SEC. 3. PROHIBITION ON FCC TECHNOLOGY MAN- ment authority, that a redistribution con- SECTION 1. SHORT TITLE. DATES. trol technology meets the requirements in This Act may be cited as the ‘‘Consumers, (a) SENSE OF THE CONGRESS.—It is the sense subparagraphs (A) and (B) of this subsection Schools, and Libraries Digital Rights Man- of the Congress that— and does not interfere with unrelated dis- agement Awareness Act of 2003’’. (1) a successful transition to digital tele- tribution of content over the Internet. SEC. 2. FINDINGS. vision will occur based on the mutual co- SEC. 4. CONSUMER, EDUCATIONAL INSTITUTION, Congress finds the following: operation of all stakeholders, and no one AND LIBRARY AWARENESS. (1) It is not in the interest of our nation’s stakeholder’s property interests outweigh (a) CONSUMER, EDUCATIONAL INSTITUTION, economy, marketplace innovation, nor con- another’s interests; AND LIBRARY DIGITAL RIGHTS MANAGEMENT sumer or educational community welfare for (2) the transition to digital television will AWARENESS ADVISORY COMMITTEE.—The Fed- an agency of the Federal government to be successful to the degree it meets con- eral Trade Commission shall, as soon as mandate the inclusion of access or redis- sumers’ expectations based on the ways they practicable after the date of enactment of tribution control technologies used with dig- have come to expect to be able to receive and this Act, establish an advisory committee ital media products into consumer elec- use over-the-air television in the privacy of for the purpose of informing the Commission tronics products, computer products, or tele- their own homes and otherwise; about the ways in which access control tech- communications and advanced services net- (3) digital convergence provides new tools nology and redistribution control technology work facilities and services, except pursuant for industry to offer innovative and varied may affect consumer, educational institu- to a grant of specific and clear authority products compared to the traditional analog tion, and library use of digital media prod- from Congress to assure a result in its regu- marketplace, and it also provides. consumers ucts based on their legal and customary uses lations, and when the mandate is derived with innovative and varied means of using of such products, and how consumer, edu- from voluntary private-sector efforts that digital content. In this respect, interoper- cational institution, and library awareness protect the legal, reasonable, and customary ability between digital television products about the existence of such technologies in practices of end-users. and digital cable systems remains an impor- the digital media products they purchase or (2) The limited introduction into com- tant objective; otherwise come to legally own may be merce of access controlled compact discs has (4) a successful transition to digital tele- achieved. caused some consumer, educational institu- vision will maintain this important balance (b) ADVISORY COMMITTEE REQUIREMENTS.— In establishing an advisory committee for tion, and library confusion and inconven- of interests; and ience, and has placed increased burdens on (5) suggestions that consumers do not have purposes of subsection (a) of this section, the Commission shall— retailers, consumer electronics manufactur- certain expectations in the digital market- (1) ensure that it includes representatives ers, and personal computer manufacturers place simply because they have never had ac- of radio and television broadcasters, tele- cess to a particular digital capability, or the responding to consumer, educational institu- vision programming producers, producers of expectation of using or relying on such a ca- tion, and library complaints. motion pictures, producers of sound record- (3) The private and public sectors should pability, are not dispositive of reasonable ings, publishers of literary works, producers work together to prevent future consumer, and customary consumer access and use of video games, cable operators, satellite op- educational institution, library, and indus- practices. erators, consumer electronics manufactur- try confusion and inconvenience as legiti- (b) PROHIBITION ON TECHNOLOGY MAN- ers, computer manufacturers, any other ap- mate access and redistribution control tech- DATES.—Except as specifically authorized by propriate manufacturers of electronic de- nologies become increasingly prevalent in Congress the Federal Communications Com- vices capable of utilizing digital media prod- mission may not require a person manufac- the marketplace. ucts, telecommunications service providers, (4) The private sector should make every turing, importing into, offering for sale, li- advanced service providers, Internet service effort, in a voluntary process, to provide for cense or distribution in, or affecting, inter- providers, consumer interest groups, rep- consumer, educational institution, and li- state commerce in the United States a de- resentatives of educational institutions, rep- brary awareness and satisfaction as access vice, machine, or process that is designed, resentatives of libraries, and other inter- and redistribution control technology are in- manufactured, marketed for the purpose of, ested individuals from the private sector, creasingly deployed in the marketplace. or that is capable of rendering, processing, and is fairly balanced in terms of political (5) The Federal Trade Commission, in the transmitting, receiving or reproducing a dig- affiliation, the points of view represented, absence of successful private sector efforts, ital media product— and the functions to be performed by the should ensure that consumers, educational (1) to incorporate access control tech- committee; and institutions, and libraries are provided with nology, or the ability to respond to such (2) provide to the committee such staff and adequate information with respect to the ex- technology, into the design of such a device, resources as may be necessary to permit it istence of access and redistribution control machine, or process; or to perform its functions efficiently and technologies in the digital media products (2) to incorporate redistribution control promptly; and they purchase, and how such technologies technology, or the ability to respond to such (3) require the committee to submit a final may implicate their ability to use such prod- technology, into the design of such a device, report, approved by a majority of members, ucts. machine, or process. of its recommendations within one year after (6) It is not in the interests of consumer (c) EFFECT ON PENDING FCC RULEMAKING the date of the appointment of the initial welfare, privacy, and safety, or for the con- PROCEEDINGS.— members. tinued development of the Internet as a com- (1) Nothing herein shall prohibit or limit (c) FTC NOTICE AND LABELING.—Except as munications and economic resource, for the the Commission from issuing the regulations provided in subsection (d)— manufacturers of digital media products or proposed for adoption in the ‘‘cable plug and (1) no person shall offer for sale, license, or their representatives to be permitted to re- play’’ proceeding in CS Docket No. 97–80 and use by a consumer, educational institution, quire Internet access service providers mere- PP Docket No. 00–67. or a library an access controlled digital ly providing subscribers with transport for (2) If the Commission determines that it media product or a redistribution controlled electronic communications to disclose a sub- has the authority to issue regulations in MB digital media product, unless that person has scriber’s personal information, absent due Docket No. 02–230, it shall not be barred by provided clear and conspicuous notice or a process and independent of the judicial scru- subsection (b) of this section from issuing label on the product, at the point of sale or tiny required to ensure that such requests such regulations, provided, however, that distribution to such consumer, educational are legitimate. such regulations shall— institution or library as prescribed by the (7) The Federal Trade Commission should (A) preserve reasonable and customary Federal Trade Commission, such that the no- ensure that consumers’ welfare, privacy, and consumer, educational institution, and li- tice or label identifies any restrictions the safety are protected in regards to requests brary access and use practices; access control technology or redistribution by manufacturers of digital media products (B) not include, directly or indirectly, any control technology used in or with that dig- or their representatives for Internet service requirement that a device, machine, or proc- ital media product is intended or reasonably provider disclosure of subscribers’ personally ess designed, manufactured, marketed for could be foreseen to have on the consumers’, identifiable information outside of the judi- the purpose of, or that is capable of ren- educational institutions’, or libraries’ use of cial process. dering, processing, transmitting, receiving the product; and

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.122 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11575 (2) this subsection shall not apply to a dis- for sale in, or affecting, interstate commerce eral Trade Commission Act (15 U.S.C. tributor or vendor of a digital media product in the United States a digital media product 57a(a)(1)(B)). unless such distributor or vendor has actual may not incorporate, impose, or attempt to (c) ACTIONS BY THE COMMISSION.—The Com- knowledge that the product contains or is re- impose any access control technology or re- mission shall prevent any person from vio- stricted by access control technology or re- distribution control technology used in or lating sections 4, 5 or 6 of this Act in the distribution control technology and that the with a digital media product that limits con- same manner, by the same means, and with notice or label described in this subsection is sumer resale of a digital media product de- the same jurisdiction, powers, and duties as not visible to the consumer, educational in- scribed in subsection (a) or charitable dona- though all applicable terms and provisions of stitution, or library at the point of distribu- tions described in subsection (b) to specific the Federal Trade Commission Act (15 U.S.C. tion or transmission. venues or distribution channels. 41 et seq.) were incorporated into and made (d) APPLICABILITY AND EFFECTIVE DATE.— SEC. 7. REPORT TO CONGRESS. a part of this Act. Any entity that violates Subsection (c) shall take effect 1 year after Not later than 2 years after the date of en- any provision of sections 4, 5 or 6 is subject the date of enactment of this Act unless the actment of this Act, the Federal Trade Com- to the penalties and entitled to the privi- Commission determines, in consultation mission shall submit to Congress a report leges and immunities provided in the Federal with the advisory committee created in sub- containing the following information: Trade Commission Act in the same manner section (b) of this section, that manufactur- (1) The extent to which access controlled as if all applicable terms and provisions of ers of digital media products have, by such digital media products and redistribution the Federal Trade Commission Act were in date— controlled digital media products have en- incorporated into and made a part of those (1) established voluntary rules for notice tered the market over the preceding 2 years. sections. and labeling of access controlled or redis- (2) The extent to which such digital media (d) 1 YEAR WINDOW FOR COMPLIANCE.—The tribution controlled digital media products, products allow consumers, educational insti- Commission may not, less than 1 year after including when both access control tech- tutions, and libraries to engage in all lawful the date of enactment of this section, ini- nology and redistribution control technology uses of the product, and to which the Com- tiate an enforcement action under this sec- are used in or with digital media products, mission has received complaints from con- tion for a violation of section 4. designed to create consumer, educational in- sumers, educational institutions, and librar- SEC. 9. DEFINITIONS. stitution, and library awareness about the ies about the implementation of return poli- For the purposes of this Act: ways in which access control technology or cies for consumers, schools, and libraries (1) ACCESS CONTROLLED DIGITAL MEDIA redistribution control technology will affect who find that an access controlled digital PRODUCT.—The term ‘‘access controlled dig- their legal, expected, and customary uses of media product or a redistribution controlled ital media product’’ means a digital media digital media products; and digital media product does not operate prop- product, as defined in this section, to which (2) agreed voluntarily to implement the erly in a device capable of utilizing the prod- an access control technology has been ap- rules for notice and labeling of access con- uct, or cannot be transmitted lawfully over plied. trolled digital media products or redistribu- the Internet. (2) ACCESS CONTROL TECHNOLOGY.—The tion controlled digital media products, in- (3) The extent to which manufacturers and term ‘‘access control technology’’ means a cluding when both access control technology retailers have been burdened by consumer, technology or process that controls or inhib- and redistribution control technology are educational institutions, and library returns its the use, reproduction, display, trans- used in or with digital media products. of devices unable to play or otherwise utilize mission or resale, or transfer of control of a SEC. 5. CONSUMER PRIVACY. access controlled digital media products or license to use, of a digital media product. (3) DIGITAL MEDIA PRODUCT.—The term (a) IN GENERAL.—Notwithstanding any redistribution controlled digital media prod- other provision of law, an Internet access ucts. ‘‘digital media product’’ means— (a) a literary work; service may not be compelled to make avail- (4) The number of enforcement actions (b) a pictorial and graphic work; able to a manufacturer of a digital media taken by the Commission under this Act. (c) a motion picture or other audiovisual product or its representative the identity or (5) The number of convictions or settle- work; ments achieved as a result of those enforce- personal information of a subscriber or user (d) a sound recording; or ment actions. of its service for use in enforcing the manu- (e) a musical work, including accom- (6) The number of requests Internet service facturer’s rights relating to use of such prod- panying words that is distributed, broadcast, providers have received from manufacturers uct on the basis of a subpoena or order issued transmitted, performed, intended for sale, or of digital media products or their represent- at the request of the manufacturer or its rep- licensed on nonnegotiable terms, to the gen- atives seeking disclosure of subscribers’ per- resentative except under a valid subpoena or eral public, in digital form, either electroni- sonal information, and the number of elec- court order issued at the request of the man- cally or fixed in a physical medium. tronic requests Internet Service Providers ufacturer or its representative in a pending (4) FUNCTIONAL REQUIREMENT.—The term civil lawsuit or as otherwise expressly au- have received from manufacturers of digital ‘‘functional requirement’’ means any rule or thorized under the Federal Rules of Civil media products or their representatives re- regulation enacted by the Federal Commu- Procedure or the civil procedure rules of a questing that a subscriber be disconnected nications Commission that requires a device, State. from their service outside of any judicial machine, or process designed, manufactured, (b) Subsection (a) shall not apply to re- process. marketed for the purpose of, or that is capa- quests for personal information authorized (7) Legislative or other requirements the ble of rendering, processing, transmitting, by another provision of law relating to alleg- Commission recommends in creating an of- receiving or reproducing a digital media edly unlawful use of a digital media product fice within the Commission to receive, product to be able to perform certain func- residing, and not merely stored for a tem- verify, and process requests from manufac- tions or include certain generic capabilities, porary or transient period, on the system or turers of digital media companies or their independent of any requirement that specific network of the Internet access service. representatives to obtain the personal infor- technologies be incorporated to meet the SEC. 6. SECONDARY MARKETS FOR USED DIG- mation of a subscriber to an Internet access functional requirement. service they legitimately suspect of mis- ITAL MEDIA PRODUCTS. (5) INTERNET.—The term ‘‘Internet’’ has (a) CONSUMER SECONDARY MARKETS.—The using their property. the meaning given that term in the Internet lawful owner of a digital media product may (8) An analysis of the ways consumers, edu- Tax Freedom Act (47 U.S.C. 151 nt). transmit a copy of that product by means of cational institutions, and libraries com- (6) INTERNET ACCESS SERVICE.—The term a transmission to a single recipient as long monly expect to be able to use digital media ‘‘Internet access service’’ has the same as the technology used by that person to products, whether including access control meaning given that term in section 231(e)(4) transmit the copy automatically deletes the technology or redistribution control tech- of the Communications Act of 1934 (47 U.S.C. digital media product contemporaneously nology or otherwise, when they purchase, le- 231(e)(4)). with transmitting the copy. gally own, or pay to use such products. (7) MANUFACTURER.—The term ‘‘manufac- (b) SECONDARY MARKETS FOR CHARITABLE (9) Any proposed changes to this Act the turer of a digital media product’’ means any DONATIONS TO EDUCATIONAL INSTITUTIONS AND Commission believes would enhance enforce- person owning any right in the digital media LIBRARIES.—A person manufacturing, im- ment, eliminate consumer, educational insti- product. porting into, or offering for sale in, or affect- tution, and library confusion, or otherwise (8) PERSONAL INFORMATION.—The term ing, interstate commerce in the United address concerns raised by end-users with ‘‘personal information’’ has the same mean- States a digital media product may not in- the Commission under this Act. ing given that term in section 1301(8) of the corporate, impose, or attempt to impose any SEC. 8. ENFORCEMENT. Children’s Online Privacy Protection Act of access control technology or redistribution (a) ENFORCEMENT BY FEDERAL TRADE COM- 1998 (15 U.S.C. 6501(8)), including any other control technology used in or with a digital MISSION.—Except with regard to section 3, information about an individual, and includ- media product that prevents a consumer this Act shall be enforced by the Federal ing information that an Internet access serv- from donating digital media products they Trade Commission. ice collects and combines with an identifier own to educational institutions or libraries, (b) VIOLATION IS UNFAIR OR DECEPTIVE ACT described in subparagraphs (A) through (F) subject to subsection (a). OR PRACTICE.—The violation of any provision of that section. (c) NO DISABLING TECHNOLOGY.—A person is an unfair or deceptive act or practice pro- (9) REDISTRIBUTION CONTROLLED DIGITAL manufacturing, importing into, or offering scribed under section 18(a)(1)(B) of the Fed- MEDIA PRODUCT.—The term ‘‘redistribution

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.100 S16PT1 S11576 CONGRESSIONAL RECORD — SENATE September 16, 2003 controlled digital media product’’ means a evacuated to hospitals in Europe or the (b) EFFECTIVE DATE.—Section 1075(b) of digital media product, as defined in this sec- United States. This situation high- title 10, United States Code, as added by sub- tion, to which a redistribution control tech- lights why we must include those who section (a), shall take effect on the date of nology has been applied. suffer from illness as well as injury. I the enactment of this Act, and shall apply (10) REDISTRIBUTION CONTROL TECH- with respect to injuries or diseases incurred NOLOGY.—The term ‘‘redistribution control am grateful to Congressman YOUNG for on or after that date. technology’’ means a technology or process his leadership on this issue and am that controls or inhibits the transmission of hopeful we can work together to quick- [From the Omaha World Herald, Sept. 16, 2003] a digital media product over the Internet fol- ly pass legislation to end the unfair lowing its initial receipt by a member of the practice of charging our injured service NICKEL-AND-DIMING THE TROOPS public, without regard to whether such members for hospital meals. It seems just plain mean-spirited to bill in- transmission is for the purpose of use, repro- jured soldiers for their food. duction, performance, resale, or transfer of a The cost to the government for cor- The U.S. government does, indeed, put a license to use, the digital media product. recting this serious injustice is signifi- price on the sacrifices of the men and women cant. This year, the Department of De- injured in military combat: $8.10 per day. By Mr. DASCHLE (for Mr. fense has recouped only $1.5 million for That’s the daily food allowance soldiers re- GRAHAM of Florida (for himself, hospital meals from hospitalized serv- ceive, which in 1981 Congress decided en- Mr. HAGEL, Mrs. CLINTON, Mr. ice members world-wide. This legisla- listed soldiers must repay to the government NELSON of Nebraska, Ms. MUR- tion is even more limited in scope, as it when they’re ‘‘lucky’’ enough to be hospital- ized and get free food. KOWSKI, Mr. DAYTON, Mr. only applies to those who become ill or It sounds like good fiscal sense in theory— AKAKA, and Mrs. MURRAY)): injured during combat or situations until you confront the reality of a Marine S. 1622. A bill to amend title 10, simulating combat. While I am cog- Corps reservist who lost part of his foot in United States Code, to exempt certain nizant of the budget constraints our Iraq, unaware he’d get a $210.60 bill upon dis- members of the Armed Forces from the military is facing, this is a compara- charge from the National Navy Medical Cen- requirement to pay subsistence charges tively small expense that will mean a ter in Bethesda, Md. Or the many other sol- while hospitalized; to the Committee great deal to those service members af- diers like him, sometimes hospitalized for on Armed Services. fected. long periods, sometimes handicapped for life. And the government is busy nickel-and- (At the request of Mr. DASCHLE, the Service members and military fami- following statement was ordered to be diming these heroes amid a bureaucracy lies are facing many challenges right where a million dollars is penny-ante printed in the RECORD.) now. They have to contend with long change. (Once upon a time, it might have ∑ Mr. GRAHAM. Mr. President, Sen- separations, potential financial hard- bought a hammer and a toilet seat or two.) ators HAGEL, CLINTON, BEN NELSON, ships from extended Reserve and Guard Florida Rep. C.W. Bill Young, chairman of MURKOWSKI, DAYTON, MURRAY, AKAKA, call-ups, not to mention the very real the House Appropriations Committee, per- and I are introducing legislation to fear of being wounded in combat. We sonally paid the tab for the reservist hos- help service members who are injured should not add to these burdens by pitalized in Bethesda. His bill to correct the or become ill while serving in combat. inequity, introduced Sept. 3, already has 114 charging them for their meals after a co-sponsors. It seems likely to sail through Today, if one of our soldiers, sailors, lengthy hospital stay for a combat-re- Congress in the next few weeks. airmen, or marines fighting in Iraq or lated condition. Technically, the 1981 law does prevent in Afghanistan are wounded or suffer I urge my colleagues to join me and ‘‘double-dipping’’—paying the hospitalized an illness, they are evacuated to a my colleagues in quickly moving this soldiers the $8.10 food allowance and feeding military hospital. The problem is when legislation. them, too. But the government already they are discharged from the hospital I ask unanimous consent that the bends the rules for soldiers in combat. Young’s bill would extend that exception to they are given a bill for the meals they text of the bill, the following editorial were served while being treated. soldiers battling to recover from combat in- in support of ending this injustice from juries. Under current law, service members the Omaha World Herald, entitled What a small price to pay for the men and are required to pay for their meals at a ‘‘Nickel and Diming the Troops’’ be women who paid so much to protect this rate of $8.10 per day while they are in printed in the RECORD. country. a military hospital. For example, a Ma- There being no objection, the mate- f rine Staff Sergeant recently spent 26 rial was ordered to be printed in the SUBMITTED RESOLUTIONS days in the hospital recovering from RECORD, as follows: injuries endured when an Iraqi child S. 1622 dropped a hand grenade in the Be it enacted by the Senate and House of Rep- SENATE RESOLUTION 226—TO AU- HUMVEE he was driving. Upon his dis- resentatives of the United States of America in THORIZE REPRESENTATION BY charge from the hospital, he was hand- Congress assembled, THE SENATE LEGAL COUNSEL IN ed a bill for $243 for his meals. While SECTION 1. EXEMPTION OF CERTAIN MEMBERS THE CASE OF JOSUE ORTA RI- eight dollars a day may not seem like OF THE ARMED FORCES FROM RE- VERA V. CONGRESS OF THE QUIREMENT TO PAY SUBSISTENCE a lot of money to you or me, it is to a UNITED STATES OF AMERICA, private who makes less than $14,000 a CHARGES WHILE HOSPITALIZED. (a) IN GENERAL.—Section 1075 of title 10, ET AL year. If we are looking to save money, United States Code, is amended— Mr. FRIST (for himself and Mr. we should not turn first to the pockets (1) by inserting ‘‘(a) IN GENERAL.—’’ before DASCHLE) submitted the following reso- of our injured service members. ‘‘When’’; and The bill we introduce today is simple. (2) by striking the second sentence and in- lution; which was considered and It will prohibit the Department of De- serting the following: agreed to: fense from charging troops for meals ‘‘(b) EXCEPTIONS.—Subsection (a) shall not S. RES. 226 when they are hospitalized as a result apply to any of the following: Whereas, in the case of Josue Orta Rivera v. of either injury or illness while in com- ‘‘(1) An enlisted member, or former en- Congress of the United States of America, et al., bat or training for combat. This legis- listed member, of a uniformed service who is Civil No. 03–1684 (SEC), pending in the United entitled to retired or retainer pay or equiva- lation shows strong support for our States District Court for the District of lent pay. Puerto Rico, the plaintiff has named an de- service members currently in harm’s ‘‘(2) An officer or former officer of a uni- fendants all Members of the Senate, as well way and helps to alleviate a financial formed service, or an enlisted member or as the Vice President, the President Pro burden on our injured soldiers. former enlisted member of a uniformed serv- Tem, the Secretary of the Senate, the Ser- This bill is similar to one filed by ice not described in paragraph (1), who is geant at Arms, and the Congress; Congressman BILL YOUNG in the House hospitalized under section 1074 of this title Whereas, pursuant to sections 703(a) and of Representatives, but also covers because of an injury or disease incurred (as 704(a)(1) of the Ethics in Government Act of those who become ill while in combat determined under criteria prescribed by the 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the or training for combat. We already Secretary of Defense)— Senate may direct its counsel to defend ‘‘(A) as a direct result of armed conflict; Members and Officers of the Senate in civil know that over 100 soldiers deployed to ‘‘(B) while engaged in hazardous service; actions relating to their official responsibil- the Persian Gulf region and Central ‘‘(C) in the performance of duty under con- ities; Asia have contracted pneumonia, 30 ditions simulating war; or Whereas, pursuant to section 708(c) of the that become so ill that they had to be ‘‘(D) through an instrumentality of war.’’. Ethics in Government Act of 1978, 2 U.S.C.

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.101 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11577 § 288g(c), the Senate may direct its counsel to (1) global environmental, labor, health, cial sciences, utilities including energy utili- perform other duties: Now therefore, be it food security, and other public interest ties, water, waste disposal and sanitation, Resolved, That the Senate Legal Counsel is standards must be strengthened to prevent a national security, maritime, air, surface, and authorized to represent all Members of the global ‘‘race to the bottom’’; other transportation services, postal serv- Senate, the Vice President, the President (2) domestic environmental, labor, health, ices, energy extraction and related services, Pro Tem, the Secretary of the Senate, the food security, and other public interest and correctional services. Sergeant at Arms, and the Congress, in the standards and policies must not be under- (B) The agreement shall permit countries case of Josue Orta Rivera v. Congress of the mined, including those based on the use of that have made commitments in areas cov- United States of America, et al. the precautionary principle, the internation- ered in subparagraph (A) to revise those ally recognized legal principle which holds commitments for the purposes of public in- f that, when there is scientific uncertainty re- terest regulation without financial or other SENATE RESOLUTION 227—EX- garding the potential adverse effects of an trade-related penalties. PRESSING THE PROFOUND SOR- action or a product or technology, govern- (C) The agreement shall ensure that rules ROW OF THE SENATE FOR THE ments should act in a way that minimizes on subsidies and government procurement DEATH OF INDIANA GOVERNOR the risk of harm to human health and the fully protect the ability of governments to environment; support and purchase services in ways that FRANK O’BANNON AND EXTEND- (3) provision and regulation of public serv- promote economic development, social jus- ING THOUGHTS, PRAYERS, AND ices such as education, health care, transpor- tice and equity, public health, environ- CONDOLENCES TO HIS FAMILY, tation, energy, water, and other utilities are mental quality, and human and workers’ FRIENDS AND LOVED ONES basic functions of democratic government rights. Mr. BAYH (for himself and Mr. and must not be undermined; (D) The agreement shall make no new com- (4) raising standards in developing coun- mitments on the temporary entry of workers LUGAR) submitted the following resolu- tries requires additional assistance and re- because such policies should be determined tion; which was considered and agreed spect for diversity of policies and priorities; by the Congress, after consideration by the to: (5) countries must be allowed to design and congressional committees with jurisdiction S. RES. 227 implement policies to sustain family farms over immigration to avoid an array of incon- and achieve food security; sistent policies and policies which fail to— Whereas Frank O’Bannon devoted his en- (6) healthy national economies are essen- (i) include labor market tests that ensure tire life to public service and to the people of tial to a healthy global economy, and the that the employment of such temporary the State of Indiana; right of governments to pursue policies to workers will not adversely affect other simi- Whereas Frank O’Bannon dedicated his life maintain and create jobs must be upheld; larly employed workers; to defending the Nation’s principles of free- (7) the right of State and local and com- (ii) involve labor unions in the labor cer- dom and democracy, serving in the United parable regional governments of all coun- tification process implemented under the im- States Air Force from 1952 until 1954; tries to create and enforce diverse policies migration program for temporary workers Whereas Frank O’Bannon served 18 years must be safeguarded from imposed downward under section 101(a)(15)(H)(i) of the Immigra- in the Indiana State Senate and 8 years as harmonization; and tion and Nationality Act, including the fil- Lieutenant Governor of Indiana; (8) rules for the global economy must be ing by an employer of an application under Whereas, on November 5, 1996, Frank developed and implemented democratically section 212(n)(1) of that Act; and O’Bannon was elected the 47th Governor of and with transparency and accountability; (iii) guarantee the same workplace protec- the State of Indiana, where he served until and tions for temporary workers that are avail- his death on September 13, 2003; Whereas many international trade and in- able to all workers. Whereas Frank O’Bannon was a true friend vestment agreements in existence and cur- (E) The agreement shall guarantee that all to Indiana, and a gentle man of integrity, rently being negotiated do not serve these governments that are parties to the agree- kindness, and good works; and interests, and have caused substantial harm ment can regulate foreign investors in serv- Whereas Frank O’Bannon will be remem- to the health and well-being of communities ices and other service providers in order to bered as a loving husband to his wife Judy, a in the United States and within countries protect public health and safety, consumers, devoted father to his 3 children, and a caring that are trading partners of the United the environment, and workers’ rights, with- grandfather to his 5 grandchildren: Now, States: Now, therefore, be it out requiring the governments to establish therefore, be it Resolved by the Senate (the House of Rep- their regulations to be the least burdensome Resolved, That the Senate— resentatives concurring), That any agreement option for foreign service providers. (1) has learned with profound sorrow of the relating to trade and investment that is ne- (3) REGARDING POLICIES TO SUPPORT AMER- death of the Honorable Frank O’Bannon, gotiated by the executive branch with other ICAN WORKERS AND SMALL, MINORITY, AND Governor of Indiana, on September 13, 2003; countries should comply with the following: WOMEN-OWNED BUSINESSES.—Any such agree- (2) extends its condolences to the O’Bannon (1) REGARDING INVESTOR AND INVESTMENT ment shall preserve the right of Federal, family, especially to his wife Judy, his chil- POLICY.—No such agreement that includes State, and local governments to maintain or dren Jonathan, Jennifer, and Polly, and his provisions relating to foreign investment establish policies to support American work- grandchildren Beau, Chelsea, Asher, Demi, may permit foreign investors to challenge or ers and small, minority, or women-owned and Elle; seek compensation because of a measure of a businesses, including, but not limited to, (3) expresses its profound gratitude to government at the national, State, or local policies with respect to government procure- Frank O’Bannon for the services that he ren- level that protects the public interest, in- ment, loans, and subsidies. dered to the Nation in the United States Air cluding, but not limited to, public health, (4) REGARDING ENVIRONMENTAL, LABOR, AND Force and the Indiana State Legislature, and safety, and welfare, the environment, and OTHER PUBLIC INTEREST STANDARDS.—Any as Governor of Indiana; and worker protections, unless a foreign investor such agreement— (4) recognizes with respect Frank demonstrates that the measure was enacted (A) may not supersede the rights and obli- O’Bannon’s integrity, steadfastness, and loy- or applied primarily for the purpose of dis- gations of parties under multilateral envi- alty to the State of Indiana and to the criminating against foreign investors or in- ronmental, labor, and human rights agree- United States. vestments. ments; and f (2) REGARDING SERVICES.—Any such agree- (B) shall, to the extent applicable, include ment, to the extent applicable, shall comply commitments, subject to binding enforce- SENATE CONCURRENT RESOLU- with the following: ment on the same terms as commercial pro- TION 69—PROVIDING THAT ANY (A)(i) The agreement may not discipline visions— AGREEMENT RELATING TO government measures relating to— (i) to adhere to specified workers’ rights TRADE AND INVESTMENT THAT (I) public services, including public serv- and environmental standards; IS NEGOTIATED BY THE EXECU- ices for which the government is not the sole (ii) not to diminish or fail to enforce exist- TIVE BRANCH WITH OTHER provider; ing domestic labor and environmental provi- COUNTRIES MUST COMPLY WITH (II) services that require extensive regula- sions; and tion; (iii) to abide by the core labor standards of CERTAIN MINIMUM STANDARDS (III) essential human services; and the International Labor Organization (ILO). Mr. FEINGOLD submitted the fol- (IV) services that have an essentially so- (5) REGARDING UNITED STATES TRADE lowing concurrent resolution; which cial component. LAWS.—No such agreement may— was referred to the Committee on Fi- (ii) The services described in subclauses (I) (A) contain a provision which modifies or nance: through (IV) of clause (i) include, but are not amends, or requires a modification of or an limited to, public benefit programs, health amendment to, any law of the United States S. CON. RES. 69 care, health insurance, public health, child that provides to United States businesses or Whereas there is general consensus among care, education and training, the distribu- workers safeguards from unfair foreign trade the American public and the global commu- tion of controlled substances and products, practices, including any law providing for— nity that, with respect to international including alcohol and tobacco and firearms, (i) the imposition of countervailing or trade and investment rules— research and development on natural and so- antidumping duties;

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.091 S16PT1 S11578 CONGRESSIONAL RECORD — SENATE September 16, 2003 (ii) protection from unfair methods of com- (iii) proposes a discipline or process of gen- ment, the Uruguay round of the Gen- petition or unfair acts in the importation of eral application which may interfere with eral Agreement on Tariffs and Trade, articles; the ability of the United States or State, Permanent Normal Trade Relations for (iii) relief from injury caused by import local, or tribal governments to adopt, imple- China, and other flawed trade meas- competition; ment, or enforce laws and regulations identi- ures, I did so in great part because I be- (iv) relief from unfair trade practices; or fied in clause (i) or provide or regulate serv- (v) the imposition of import restrictions to ices identified in clause (ii). lieved they would lead to a significant protect the national security; or (C) The broad array of constituencies rep- loss of jobs. But even as an opponent of (B) weaken the existing terms of the resenting the majority of the people of the those agreements, I don’t think I could Agreement on Implementation of Article VI United States, including labor unions, envi- have imagined just how bad things of the General Agreement on Tariffs and ronmental organizations, consumer groups, would get in so short a time. Trade 1994, or the Agreement on Subsidies family farm groups, public health advocates, The trade policy of this country over and Countervailing Measures, of the World faith-based organizations, and civil rights the past several years has been appall- Trade Organization, including through the groups, must have at least the same rep- ing. The trade agreements into which domestic implementation of rulings of dis- resentation on trade advisory committees we have entered have contributed to pute settlement bodies. and access to trade negotiators and negoti- the loss of key employers, ravaging en- (6) REGARDING FOOD SAFETY.—No such ating fora as those constituencies rep- agreement may— resenting commercial interests. tire communities. But despite that (A) restrict the ability of the United States (D) Any dispute resolution mechanism es- clear evidence, we continue to see to ensure that food products entering the tablished in any such agreement must be trade agreements being reached that United States are rigorously inspected to es- open and transparent, including through dis- will only aggravate this problem. tablish that they meet all food safety stand- closure to the public of documents and ac- This has to stop. We cannot afford to ards in the United States, including inspec- cess to hearings, and must permit participa- pursue trade policies that gut our man- tion standards; tion by nonparties through the filing of ami- ufacturing sector and send good jobs (B) force acceptance of different food safe- cus briefs, as well as provide for standing for overseas. We cannot afford to under- ty standards as ‘‘equivalent’’, or require State and local governments as intervenors. mine the protections we have estab- international harmonization of food safety (9) REGARDING GOVERNMENTAL AUTHORITY.— standards, which undermine the level of lished for workers, the environment, No such agreement may contain provisions and our public health and safety. And human health protection provided under do- that bind national, State, local, or com- mestic law; or parable regional governments to limiting we cannot afford to squander our demo- (C) restrict the ability of governments to regulatory, taxation, spending, or procure- cratic heritage by entering into trade enact policies to guarantee the right of con- ment authority without an opportunity for agreements that supercede our right to sumers to know where and how their food is public review and comment described in govern ourselves through open, demo- produced. paragraph (8), and without the explicit, in- cratic institutions. (7) REGARDING AGRICULTURE AND FOOD SECU- formed consent of the national, State, local, The legislation I submit today sets RITY.—No such agreement may, with respect or comparable regional legislative body con- to food and other agricultural commodities— forth principles for future trade agree- cerned, through such means as is decided by (A) contain provisions that prevent coun- ments. It is a break with the so-called such legislative body. tries from— NAFTA model, and instead advocates (10) REGARDING ACCESS TO MEDICINES AND (i) establishing domestic and global re- the kinds of sound trade policies that SEEDS.—(A) No such agreement may contain serves, will spur economic growth and sustain- provisions that prevent countries from tak- (ii) managing supply, ing measures to protect public health by en- able development. (iii) enforcing antidumping disciplines, suring access to medicines. The principles set forth in this reso- (iv) ensuring fair market prices, or (B) No such agreement may constrain the lution are not complex. They are (v) vigorously enforcing antitrust laws, rights of farmers to save, use, exchange, or straightforward and achievable. The in order to guarantee competitive markets sell farm-saved seeds and other publicly resolution calls for enforceable worker for family farmers; or available seed varieties. protections, including the core Inter- (B) prevent countries from developing the (11) REGARDING DEVELOPING COUNTRIES.— national Labor Organization standards. necessary sanitary and phytosanitary stand- Any such agreement must grant special and It preserves the ability of the United ards to prevent the introduction of patho- differential treatment for developing coun- States to enact and enforce its own gens or other potentially invasive species tries with regard to the timeframe for imple- which may adversely affect agriculture, trade laws. mentation of the agreement as well as other It protects foreign investors, but human health, or the environment. concerns. (8) REGARDING TRANSPARENCY.—(A) The states that foreign investors should not process of negotiating any such agreement Mr. FEINGOLD. Mr. President, I am be provided with greater rights than must be open and transparent, including pleased to submit legislation to estab- those provided under U.S. law, and it through— lish some minimum standards for the protects public interest laws from chal- (i) prompt and regular disclosure of full ne- trade agreements into which our Na- lenge by foreign investors in secret tri- gotiating texts; and tion enters. This measure is a com- bunals. (ii) prompt and regular disclosure of nego- panion to H. Con. Res. 276, a resolution It ensures that food entering into our tiating positions of the United States. introduced in the other body by my (B) In negotiating any such agreement, country meets domestic food safety colleague from Ohio, (Mr. BROWN). standards. any request or offer relating to investment, The record of the major trade agree- procurement, or trade in services must be It preserves the ability of Federal, made public within 10 days after its submis- ments into which our Nation has en- State, and local governments to main- sion if such request or offer— tered over the past few years has been tain essential public services and to (i) proposes specific Federal, State, and dismal. Thanks in great part to the regulate private sector services in the local laws and regulations in the United flawed fast track rules that govern public interest. States to be changed, eliminated, or sched- consideration of legislation imple- It requires that trade agreements uled under such an agreement, including, but menting trade agreements, the United contain environmental provisions sub- not limited to, subsidies, tax rules, procure- States has entered into a number of ject to the same enforcement as com- ment rules, professional standards, and rules trade agreements that have contrib- on temporary entry of persons; mercial provisions. (ii) proposes for coverage under such an uted to the significant job loss we have It preserves the right of Federal, agreement— seen in recent years, and have laid State, and local governments to use (I) specific essential public services, in- open to assault various laws and regu- procurement as a policy tool, including cluding, but not limited to, public benefits lations established to protect workers, through Buy American laws, environ- programs, health care, education, national the environment, and our health and mental laws such as recycled content, security, sanitation, water, energy, and safety. Indeed, those agreements un- and purchasing preferences for small, other utilities; or dermine the very democratic institu- minority, or women-owned businesses. (II) private service sectors that require ex- tions through which we govern our- It requires that trade negotiations tensive regulation or have an inherently so- selves. and the implementation of trade agree- cial component, including, but not limited to, maritime, air transport, trucking, and The loss of jobs, especially manufac- ments be conducted openly. other transportation services, postal serv- turing jobs, to other countries has been These are sensible policies. They are ices, utilities such as water, energy, and devastating to Wisconsin, and to the entirely consistent with the goal of in- sanitation, corrections, education and entire country. When I opposed the creased international commerce, and childcare, and health care; or North American Free Trade Agree- in fact they advance that goal.

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.109 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11579 The outgrowth of the major trade SA 1676. Mr. DOMENICI (for Mr. KYL) pro- SA 1704. Mr. REID (for Mr. WYDEN) pro- agreements I referenced earlier has posed an amendment to the bill H.R. 2754, posed an amendment to the bill H.R. 2754, been a race to the bottom in labor supra. supra. standards, environmental standards, SA 1677. Mr. REID (for Mr. DASCHLE (for SA 1705. Mr. REID (for Mr. FEINGOLD) pro- himself and Mr. JOHNSON)) proposed an posed an amendment to the bill H.R. 2754, health and safety standards, in nearly amendment to the bill H.R. 2754, supra. supra. every aspect of our economy. A race to SA 1678. Mr. DOMENICI (for Mr. SHELBY) SA 1706. Mr. DOMENICI (for himself and the bottom is a race in which even the proposed an amendment to the bill H.R. 2754, Mr. REID) proposed an amendment to the bill winners lose. supra. H.R. 2754, supra. We need to turn our trade policies SA 1679. Mr. VOINOVICH submitted an SA 1707. Mr. DOMENICI proposed an around. We need to pursue trade agree- amendment intended to be proposed by him amendment to the bill H.R. 2754, supra. ments that will promote sustainable to the bill H.R. 2754, supra. SA 1708. Mr. DOMENICI proposed an economic growth for our Nation and SA 1680. Mr. FEINGOLD (for himself and amendment to the bill H.R. 2754, supra. for our trading partners. The resolu- Mr. ALLARD) submitted an amendment in- SA 1709. Mr. REID (for Mr. BYRD) proposed tended to be proposed by him to the bill H.R. an amendment to the bill H.R. 2754, supra. tion I submit today will begin to put us 2754, supra; which was ordered to lie on the SA 1710. Mr. REID (for Mr. BINGAMAN) pro- on that path, and I urge my colleagues table. posed an amendment to the bill H.R. 2754, to support it. SA 1681. Mr. DOMENICI proposed an supra. f amendment to the bill H.R. 2754, supra. SA 1711. Mr. DOMENICI (for Mr. VOINOVICH SA 1682. Mr. REID proposed an amendment (for himself, Mr. DEWINE, Mr. LEVIN, and Ms. AMENDMENTS SUBMITTED & to the bill H.R. 2754, supra. STABENOW)) proposed an amendment to the PROPOSED SA 1683. Mr. DOMENICI (for Mr. SMITH) bill H.R. 2754, supra. SA 1659. Mr. REED (for himself, Mr. LEVIN, proposed an amendment to the bill H.R. 2754, SA 1712. Mr. REID proposed an amendment Mr. KENNEDY, Mrs. FEINSTEIN, and Mr. NEL- supra. to the bill H.R. 2754, supra. SON, of Florida) proposed an amendment to SA 1684. Mr. VOINOVICH (for himself, Mr. SA 1713. Mr. DOMENICI (for Mr. SPECTER) the bill H.R. 2754, making appropriations for DEWINE, Mr. LEVIN, and Ms. STABENOW) sub- proposed an amendment to the bill H.R. 2754, energy and water development for the fiscal mitted an amendment intended to be pro- supra. year ending September 30, 2004, and for other posed by him to the bill H.R. 2754, supra; SA 1714. Mr. REID (for himself and Mr. purposes. which was ordered to lie on the table. DOMENICI) proposed an amendment to the bill SA 1660. Mr. LEVIN (for himself, Mr. SA 1685. Mr. DEWINE submitted an amend- H.R. 2754, supra. DEWINE, Ms. STABENOW, and Mr. VOINOVICH) ment intended to be proposed by him to the SA 1715. Mr. DOMENICI (for Mr. WARNER submitted an amendment intended to be pro- bill H.R. 2754, supra. (for himself, Mr. SARBANES, Mr. ALLEN, and posed by him to the bill H.R. 2754, supra; SA 1686. Mr. BYRD submitted an amend- Ms. MIKULSKI)) proposed an amendment to which was ordered to lie on the table. ment intended to be proposed by him to the the bill H.R. 2754, supra. SA 1661. Mr. MCCAIN submitted an amend- bill H.R. 2754, supra; which was ordered to lie SA 1716. Mr. DOMENICI (for himself and ment intended to be proposed by him to the on the table. Mr. REID) proposed an amendment to the bill bill H.R. 2754, supra; which was ordered to lie SA 1687. Mr. DOMENICI (for Mr. KYL) pro- H.R. 2754, supra. on the table. posed an amendment to the bill H.R. 2754, SA 1717. Mr. REID (for Mr. REED) proposed SA 1662. Mr. FEINGOLD submitted an supra. an amendment to the bill H.R. 2754, supra. amendment intended to be proposed by him SA 1688. Mr. REID proposed an amendment SA 1718. Mr. REID (for Mr. CORZINE (for to the bill H.R. 2754, supra; which was or- to the bill H.R. 2754, supra. himself and Mr. LAUTENBERG)) proposed an dered to lie on the table. SA 1689. Mr. DOMENICI (for Mrs. DOLE) amendment to the bill H.R. 2754, supra. SA 1663. Mr. CONRAD submitted an proposed an amendment to the bill H.R. 2754, SA 1719. Mr. DOMENICI (for Mr. GRASSLEY amendment intended to be proposed by him supra. (for himself and Ms. MURKOWSKI)) proposed to the bill H.R. 2754, supra; which was or- SA 1690. Mr. DOMENICI (for Mr. BENNETT) an amendment to the bill H.R. 2754, supra. dered to lie on the table. proposed an amendment to the bill H.R. 2754, SA 1720. Mr. REID (for Mr. SCHUMER) pro- SA 1664. Mr. BINGAMAN submitted an supra. posed an amendment to the bill H.R. 2754, amendment intended to be proposed by him SA 1691. Mr. REID (for Mr. WYDEN (for supra. to the bill H.R. 2754, supra; which was or- himself and Mr. SMITH)) proposed an amend- SA 1721. Mr. REID (for Mr. SCHUMER) pro- dered to lie on the table. ment to the bill H.R. 2754, supra. posed an amendment to the bill H.R. 2754, SA 1665. Mr. REID (for Mr. DOMENICI (for SA 1692. Mr. REID (for Mr. LEVIN (for him- supra. himself and Mr. REID)) proposed an amend- self, Mr. DEWINE, Ms. STABENOW, and Mr. SA 1722. Mr. SANTORUM (for Mr. BINGA- ment to the bill H.R. 2754, supra. VOINOVICH)) proposed an amendment to the MAN) proposed an amendment to the bill H.R. SA 1666. Mr. REID (for Mr. DOMENICI (for bill H.R. 2754, supra. 2754, supra. himself and Mr. REID)) proposed an amend- SA 1693. Mr. JEFFORDS submitted an f ment to the bill H.R. 2754, supra. amendment intended to be proposed by him SA 1667. Mr. REID (for Mr. DOMENICI (for to the bill H.R. 2754, supra; which was or- TEXT OF AMENDMENTS himself and Mr. REID)) proposed an amend- dered to lie on the table. SA 1659. Mr. REED (for himself, Mr. ment to the bill H.R. 2754, supra. SA 1694. Mr. REED submitted an amend- SA 1668. Mr. REID (for Mr. DOMENICI (for LEVIN, Mr. KENNEDY, Mrs. FEINSTEIN, ment intended to be proposed by him to the himself and Mr. REID)) proposed an amend- bill H.R. 2754, supra; which was ordered to lie and Mr. NELSON of Florida) proposed an ment to the bill H.R. 2754, supra. on the table. amendment to the bill H.R. 2754, mak- SA 1669. Mrs. MURRAY submitted an ing appropriations for energy and amendment intended to be proposed by her SA 1695. Mr. CORZINE (for himself and Mr. to the bill H.R. 2754, supra. LAUTENBERG) submitted an amendment in- water development for the fiscal year SA 1670. Mr. NELSON, of Florida (for him- tended to be proposed by him to the bill H.R. ending September 30, 2004, and for self and Mr. GRAHAM, of Florida) submitted 2754, supra; which was ordered to lie on the other purposes; as follows: table. an amendment intended to be proposed by At the end of title III, add the following: SA 1696. Mr. DOMENICI (for Mr. COCHRAN) him to the bill H.R. 2754, supra; which was SEC. 313. No funds appropriated or other- ordered to lie on the table. proposed an amendment to the bill H.R. 2754, supra. wise made available to the Department of SA 1671. Mr. DASCHLE submitted an Energy by this Act may be available for ac- amendment intended to be proposed by him SA 1697. Mr. REID (for Mr. DORGAN) pro- posed an amendment to the bill H.R. 2754, tivities at the engineering development to the bill H.R. 2754, supra; which was or- phases, phase 3 or 6.3, or beyond, in support dered to lie on the table. supra. SA 1698. Mr. REID proposed an amendment of advanced nuclear weapons concepts, in- SA 1672. Mr. DASCHLE submitted an cluding the robust nuclear earth penetrator. amendment intended to be proposed by him to the bill H.R. 2754, supra. SA 1699. Mr. REID (for Mr. CONRAD) pro- to the bill H.R. 2754, supra; which was or- SA 1660. Mr. LEVIN (for himself, Mr. dered to lie on the table. posed an amendment to the bill H.R. 2754, SA 1673. Mr. FEINGOLD submitted an supra. DEWINE, Ms. STABENOW, and Mr. amendment intended to be proposed by him SA 1700. Mr. DOMENICI (for Mr. THOMAS) VOINOVICH) submitted an amendment to the bill H.R. 2754, supra; which was or- proposed an amendment to the bill H.R. 2754, intended to be proposed by him to the dered to lie on the table. supra. bill H.R. 2754, making appropriations SA 1674. Mr. DORGAN (for himself and Mr. SA 1701. Mr. REID proposed an amendment for energy and water development for CONRAD) submitted an amendment intended to the bill H.R. 2754, supra. the fiscal year ending September 30, SA 1702. Mr. DOMENICI (for Mr. BENNETT) to be proposed by him to the bill H.R. 2754, 2004, and for other purposes; which was supra; which was ordered to lie on the table. proposed an amendment to the bill H.R. 2754, SA 1675. Mr. LEAHY submitted an amend- supra. ordered to lie on the table; as follows: ment intended to be proposed by him to the SA 1703. Mr. REID proposed an amendment On page 31, between lines 7 and 8, insert bill H.R. 2754, supra. to the bill H.R. 2754, supra. the following:

VerDate jul 14 2003 03:58 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.110 S16PT1 S11580 CONGRESSIONAL RECORD — SENATE September 16, 2003 SEC. 1ll. GREAT LAKES REMEDIAL ACTION velopment for the fiscal year ending water development for the fiscal year PLANS AND SEDIMENT REMEDI- September 30, 2004, and for other pur- ending September 30, 2004, and for ATION PROGRAMS. Of the amounts made available by this poses; which was ordered to lie on the other purposes; as follows: title under the heading ‘‘GENERAL INVES- table; as follows: On page 33, at the end of line 12 insert the TIGATIONS’’, not less than $1,500,000 shall On page 31, between lines 7 and 8, insert following: be available for Great Lakes remedial action the following: ‘‘BUREAU OF RECLAMATION LOAN PROGRAM plans and sediment remediation programs SEC. 1ll. PROJECT REAUTHORIZATIONS. ACCOUNT under section 401 of the Water Resources De- Section 364(5) of Public Law 106–53 (113 ‘‘For administrative expenses necessary to velopment Act of 1990 (33 U.S.C. 1268 note; Stat. 314) is amended— carry out the program for direct loans and/or Public Law 101–640). (1) by striking ‘‘$18,265,000’’ and inserting grants, $200,000, to remain available until ex- ‘‘$21,075,000’’; and pended, of which the amount that can be fi- SA 1661. Mr. McCAIN submitted an (2) by striking ‘‘$9,835,000’’ and inserting nanced by the Reclamation Fund shall be de- amendment intended to be proposed by ‘‘$7,025,000’’. rived from that fund.’’ him to the bill H.R. 2754, making ap- propriations for energy and water de- SA 1664. Mr. BINGAMAN submitted SA 1669. Mrs. MURRAY submitted an velopment for the fiscal year ending an amendment intended to be proposed amendment intended to be proposed by September 30, 2004, and for other pur- by him to the bill H.R. 2754, making ap- her to the bill H.R. 2754, making appro- poses; which was ordered to lie on the propriations for energy and water de- priations for energy and water develop- table; as follows: velopment for the fiscal year ending ment for the fiscal year ending Sep- On page 39, strike lines 11 through 18. September 30, 2004, and for other pur- tember 30, 2004, and for other purposes; poses; which was ordered to lie on the as follows: SA 1662. Mr. FEINGOLD submitted table; as follows: On page 31, between lines 7 and 8, insert an amendment intended to be proposed At the end of title III, add the following: the following: by him to the bill H.R. 2754, making ap- SEC. 313. No funds appropriated or other- SEC. 1ll. SNAKE RIVER CONFLUENCE INTER- propriations for energy and water de- wise made available under this title under PRETATIVE CENTER, CLARKSTON, velopment for the fiscal year ending the heading ‘‘ATOMIC ENERGY DEFENSE WASHINGTON. September 30, 2004, and for other pur- ACTIVITIES’’ may be obligated or expended (a) IN GENERAL.—The Secretary of the poses; which was ordered to lie on the for additional and exploratory studies under Army, acting through the Chief of Engineers the Advanced Concepts Initiative until 30 (referred to in this section as the ‘‘Sec- table; as follows: days after the date on which the Adminis- retary’’) is authorized and directed to carry On page 34, line 10, strike the period at the trator for Nuclear Security submits to Con- out a project to plan, design, construct, fur- end and insert ‘‘: Provided further, That of gress a detailed report on the planned activi- nish, and landscape a federally owned and this amount, sufficient funds shall be avail- ties for additional and exploratory studies operated Collocated Civil Works Administra- able for the Secretary of the Interior, not under the initiative for fiscal year 2004. The tive Building and Snake River Confluence later than 60 days after the last day of the report shall be submitted in unclassified Interpretative Center, as described in the fiscal year, to submit to Congress a report on form, but may include a classified annex. Snake River Confluence Center Project Man- the amount of acquisitions made by the De- agement Plan. partment of the Interior during such fiscal SA 1665. Mr. REID (for Mr. DOMENICI (b) LOCATION.—The project— year of articles, materials, or supplies that (for himself and Mr. REID)) proposed an (1) shall be located on Federal property at were manufactured outside the United amendment to the bill H.R. 2754, mak- the confluence of the Snake River and the States. Such report shall separately indicate ing appropriations for energy and Clearwater River, near Clarkston, Wash- the dollar value of any articles, materials, or ington; and supplies purchased by the Department of the water development for the fiscal year (2) shall be considered to be a capital im- Interior that were manufactured outside the ending September 30, 2004, and for provement of the Clarkston office of the United States, an itemized list of all waivers other purposes; as follows: Lower Granite Project. under the Buy American Act (41 U.S.C. 10a et At the appropriate place insert the fol- (c) EXISTING STRUCTURES.—In carrying out seq.) that were granted with respect to such lowing: the project, the Secretary may demolish or articles, materials, or supplies, and a sum- WORKING CAPITAL FUND relocate existing structures. mary of total procurement funds spent on (d) COST SHARING.— (RESCISSION) goods manufactured in the United States (1) TOTAL COST.—The total cost of the versus funds spent on goods manufactured From unobligated balances under this project shall not exceed $3,500,000 (excluding outside of the United States. The Secretary heading $4,525,000 are rescinded. interpretative displays). of the Interior shall make the report pub- (2) FEDERAL SHARE.—The Federal share of licly available by posting the report on an SA 1666. Mr. REID (for Mr. DOMENICI the cost of the project shall be $3,000,000. Internet website.’’. (for himself and Mr. REID)) proposed an (3) NON-FEDERAL SHARE.— On page 47, line 12, strike the period at the amendment to the bill H.R. 2754, mak- (A) IN GENERAL.—The non-Federal share of end and insert ‘‘: Provided further, That of ing appropriations for energy and the cost of the project— this amount, sufficient funds shall be avail- water development for the fiscal year (i) shall be $500,000; and able for the Secretary of Energy, not later ending September 30, 2004, and for (ii) may be provided— than 60 days after the last day of the fiscal (I) in cash; or year, to submit to Congress a report on the other purposes; as follows: (II) in kind, with credit accorded to the amount of acquisitions made by the Depart- On page 32, line 10 strike ‘‘853,517,000’’ and non-Federal sponsor for provision of all nec- ment of Energy during such fiscal year of ar- insert in lieu thereof ‘‘859,517,000’’. essary services, replacement facilities, re- ticles, materials, or supplies that were man- placement land (not to exceed 4 acres), ease- ufactured outside the United States. Such SA 1667. Mr. REID (for Mr. DOMENICI ments, and rights-of-way acceptable to the report shall separately indicate the dollar (for himself and Mr. REID)) proposed an Secretary and the non-Federal sponsor. value of any articles, materials, or supplies amendment to the bill H.R. 2754, mak- (B) INTERPRETIVE EXHIBITS.—In addition to purchased by the Department of Energy that ing appropriations for energy and the non-Federal share described in subpara- were manufactured outside the United water development for the fiscal year graph (A), the non-Federal sponsor shall States, an itemized list of all waivers under ending September 30, 2004, and for fund, operate, and maintain all interpreta- the Buy American Act (41 U.S.C. 10a et seq.) tive exhibits under the project. that were granted with respect to such arti- other purposes; as follows: cles, materials, or supplies, and a summary At the appropriate place insert the fol- SA 1670. Mr. NELSON of Florida (for of total procurement funds spent on goods lowing: himself and Mr. GRAHAM of Florida) manufactured in the United States versus SEC. .That of the funds provided, an addi- submitted an amendment intended to tional $3,000,000 shall be available for the funds spent on goods manufactured outside be proposed by him to the bill H.R. of the United States. The Secretary of En- Middle Rio Grande, NM project and an addi- ergy shall make the report publicly available tional $3,000,000 shall be available for the 2754, making appropriations for energy by posting the report on an Internet Lake Tahoe Regional Wetlands Development and water development for the fiscal website.’’. project. year ending September 30, 2004, and for other purposes; which was ordered to SA 1663. Mr. CONRAD submitted an SA 1668. Mr. REID (for Mr. DOMENICI lie on the table; as follows: amendment intended to be proposed by (for himself and Mr. REID)) proposed an On page 4, line 2, after ‘‘expended,’’, insert him to the bill H.R. 2754, making ap- amendment to the bill H.R. 2754, mak- the following: ‘‘of which not less than propriations for energy and water de- ing appropriations for energy and $90,000,000 shall be used for Central and

VerDate jul 14 2003 05:01 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.108 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11581 Southern Florida (of which not less than That the $750,000 that is made available of which not less than $2,500,000 may be used $1,000 shall be made available to permit the under this heading for a transmission study for annual maintenance dredging of naviga- Corps of Engineers and Palm Beach County, on the placement of 500 megawatt wind en- tional channels of the Alabama-Coosa Florida, to execute a project cooperation ergy in North Dakota and South Dakota River’’. agreement for project construction relating shall be nonreimbursable’’. to the Winsberg Farm Wetland Restoration SA 1679. Mr. VOINOVICH submitted Project authorized under section 601(c) of the SA 1675. Mr. LEAHY submitted an an amendment intended to be proposed Water Resources Development Act of 2000 amendment intended to be proposed by by him to the bill H.R. 2754, making ap- (Public Law 106–541; 114 Stat. 2683)), and’’. him to the bill H.R. 2754, making ap- propriations for energy and water de- velopment for the fiscal year ending Mr. DASCHLE submitted an propriations for energy and water de- SA 1671. September 30, 2004, and for other pur- amendment intended to be proposed by velopment for the fiscal year ending poses; as follows: him to the bill H.R. 2754, making ap- September 30, 2004, and for other pur- On page 63, between lines 2 and 3 insert the propriations for energy and water de- poses; as follows: After section 104, insert the following: following: velopment for the fiscal year ending SEC. 3ll. REPORT ON EXPENDITURES FOR THE September 30, 2004, and for other pur- ‘‘The Secretary is directed and authorized to design, remove and dispose of oil bollards ENERGY EMPLOYEES OCCUPA- TIONAL ILLNESS COMPENSATION poses; which was ordered to lie on the and associated debris in Burlington Harbor, table; as follows: ACT. VT, at full Federal expense.’’ Not later 180 days after the date of enact- On page 6, line 8, after the colon, insert the ment of this Act, the Secretary of Energy following: ‘‘Provided further, That the Sec- SA 1676. Mr. DOMENICI (for Mr. KYL) shall submit to the Committee on Energy retary of the Army, acting through the Chief proposed an amendment to the bill and Natural Resources of the Senate and the of Engineers, shall allocate to the State of H.R. 2754, making appropriations for Committee on Energy and Commerce of the South Dakota, the Cheyenne River Sioux House of Representatives a report on admin- Tribe, and the Lower Brule Sioux Tribe not energy and water development for the istrative expenditures of the Secretary for less than $9,000,000 of the funds made avail- fiscal year ending September 30, 2004, the Energy Employees Occupational Illness able under this heading for use in carrying and for other purposes; as follows: Compensation Program Act of 2000 (42 U.S.C. out certain projects and activities under At the appropriate place, insert the fol- 7384 et seq.). title VI of the Water Resources Development lowing: Act of 1999 (Public Law 106–53; 113 Stat. 385)’’. SEC. . LOWER COLORADO RIVER BASIN DEVEL- SA 1680. Mr. FEINGOLD (for himself OPMENT. and Mr. ALLARD) submitted an amend- SA 1672. Mr. DASCHLE submitted an (a) IN GENERAL.—Notwithstanding section ment intended to be proposed by him amendment intended to be proposed by 403(f) of the Colorado River Basin Project to the bill H.R. 2754, making appropria- him to the bill H.R. 2754, making ap- Act (43 U.S.C. 1543(f)), no amount from the propriations for energy and water de- lower Colorado River Basin Development tions for energy and water develop- ment for the fiscal year ending Sep- velopment for the fiscal year ending Fund shall be paid to the general fund of the tember 30, 2004, and for other purposes; September 30, 2004, and for other pur- Treasury until each provision of the revised Stipulation Regarding a Stay and for Ulti- which was ordered to lie on the table; poses; which was ordered to lie on the mate Judgment Upon the Satisfaction of as follows: table; as follows: Conditions, filed in United States district On page 32, lines 11 through 14, strike On page 16, line 12, before the period, insert court on April 24, 2003, in Central Arizona ‘‘$56,330,000 shall be available for transfer to the following: ‘‘: Provided further, That the Water Conservation District v. United States the Upper Colorado River Basin Fund and,’’ Secretary of the Army, acting through the (No. CIV 95–625–TUC–WDB (EHC), No. CIV 95– and insert ‘‘$56,330,000 shall be available for Chief of Engineers, shall allocate to the 1720–OHX–EHC (Consolidated Action)), and transfer to the Upper Colorado River Basin State of South Dakota, the Cheyenne River any amendment or revision thereof, is met. Fund: Provided, That the Secretary of the Sioux Tribe, and the Lower Brule Sioux (b) PAYMENT TO GENERAL FUND. If any of Interior shall release to the Congress and the Tribe not less than $5,000,000 of the funds the provisions of the stipulation referred to public a report prepared by the Bureau of made available under this heading for use in in subsection (a) are not met by the date Reclamation detailing project cost overruns carrying out certain projects and activities that is 10 years after the date of enactment and including revised cost estimates and under title VI of the Water Resources Devel- of this Act, payments to the general fund of project recommendations within 90 days of opment Act of 1999 (Public Law 106–53; 113 the Treasury shall resume in accordance enactment of this Act and,’’ Stat. 385)’’. with section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)). SA 1681. Mr. DOMENICI proposed an SA 1673. Mr. FEINGOLD submitted (c) AUTHORIZATION. Amounts in the Lower amendment to the bill H.R. 2754, mak- an amendment intended to be proposed Colorado River Basin Development Fund ing appropriations for energy and by him to the bill H.R. 2754, making ap- that but for this section would be returned water development for the fiscal year propriations for energy and water de- to the general fund of the Treasury may not ending September 30, 2004, and for be expended until further Act of Congress. velopment for the fiscal year ending other purposes; as follows: September 30, 2004, and for other pur- SA 1677. Mr. REID (for Mr. DASCHLE On page 67, strike line 7 through line 11 and poses; which was ordered to lie on the (for himself and Mr. JOHNSON)) pro- insert in lieu thereof: table; as follows: posed an amendment to the bill H.R. ‘‘SEC. 506. CLARIFICATION OF INDEMNIFICATION TO PROMOTE ECONOMIC DEVELOP- On page 2, line 18, strike ‘‘$131,700,000, to 2754, making appropriations for energy remain available until expended:’’ and insert MENT. ‘‘$130,700,000, to remain available until ex- and water development for the fiscal ‘‘Subsection (b)(2) of section 3158 of the Na- pended, of which not more than $3,216,000 year ending September 30, 2004, and for tional Defense Authorization Act for Fiscal shall be used to carry out the Upper Mis- other purposes; as follows: Year 1998 (42 U.S.C. 7274q(b)(2)) is amended sissippi and Illinois Navigation Study:’’. On page 33, line 12, before the period at the by adding the following after subparagraph On page 4, line 25, after the colon, insert end, insert the following: ‘‘: Provided further, (C): ‘‘ ‘(D) Any successor, assignee, transferee, the following: ‘‘Provided further, That the That of the funds provided under this head- lender, or lessee of a person or entity de- Secretary of the Army is directed to use not ing, an additional $5,000,000 may be available scribed in subparagraphs (A) through (C).’.’’ less than $21,000,000 of the funds made avail- for the Mni Wiconi project, South Dakota’’. able under this heading to carry out the (b) The amendment made by section 506, as amended by this section, is effective as of Upper Mississippi River System Environ- SA 1678. Mr. DOMENICI (for Mr. mental Management Program:’’. the date of enactment of the National De- SHELBY) proposed an amendment to the fense Authorization Act for Fiscal Year 1998. SA 1674. Mr. DORGAN (for himself bill H.R. 2754, making appropriations for energy and water development for SA 1682. Mr. REID proposed an and Mr. CONRAD) submitted an amend- amendment to the bill H.R. 2754, mak- ment intended to be proposed by him the fiscal year ending September 30, ing appropriations for energy and to the bill H.R. 2754, making appropria- 2004, and for other purposes; as follows: water development for the fiscal year tions for energy and water develop- On page 15, line 16, after the colon, insert ending September 30, 2004, and for ment for the fiscal year ending Sep- the following: ‘‘Provided further, That the Secretary of the Army, acting through the other purposes; as follows: tember 30, 2004, and for other purposes; Chief of Engineers, may use not less than At the appropriate place, insert the fol- which was ordered to lie on the table; $5,461,000 of the funds made available under lowing: as follows: this heading for the Alabama-Coosa River, SEC. . Section 560(f) of the Public Law 106– On page 54, line 19, before the period at the Alabama (including for routine operations 53 is amended by striking ‘‘$5,000,000’’ and in- end, insert the following: ‘‘: Provided further, and maintenance work at Swift Creek Park), serting in lieu thereof ‘‘7,500,000’’.

VerDate jul 14 2003 04:15 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.124 S16PT1 S11582 CONGRESSIONAL RECORD — SENATE September 16, 2003 SA 1683. Mr. DOMENICI (for Mr. September 30, 2004, and for other pur- be available for dredging and other operation SMITH) proposed an amendment to the poses; which was ordered to lie on the and maintenance of the Rogue River, Gold bill H.R. 2754, making appropriations table; as follows: Beach, Oregon’’. for energy and water development for On page 42, line 20, before the period at the SA 1692. Mr. REID (for Mr. LEVIN (for the fiscal year ending September 30, end, insert ‘‘, of which $400,000 shall be made himself, Mr. DEWINE, Ms. STABENOW, 2004, and for other purposes; as follows: available to the Office of International Mar- ket Development to carry out a program to and Mr. VOINOVICH)) proposed an On page 42, between lines 5 and 6, insert implement, and serve as an administrative amendment to the bill H.R. 2754, mak- the following: center in support of, the multi-agency Clean ing appropriations for energy and SEC. 2ll. TUALATIN RIVER BASIN, OREGON. Energy Technology Exports Initiative’’. water development for the fiscal year (a) AUTHORIZATION TO CONDUCT FEASIBILITY ending September 30, 2004, and for STUDY.—The Secretary of the Interior may SA 1687. Mr. DOMENICI (for Mr. KYL) conduct a Tualatin River Basin water supply other purposes; as follows: proposed an amendment to the bill On page 31, between lines 7 and 8, insert feasibility study— H.R. 2754, making appropriations for (1) to identify ways to meet future water the following: supply needs for agricultural, municipal, and energy and water development for the SEC. 1ll. GREAT LAKES REMEDIAL ACTION industrial uses; fiscal year ending September 30, 2004, PLANS AND SEDIMENT REMEDI- (2) to identify water conservation and and for other purposes; as follows: ATION PROGRAMS. water storage measures; On page 34, line 6, strike ‘‘$56,525,000’’ and Of the amounts made available by this (3) to identify measures that would— insert ‘‘$54,425,000’’. title under the heading ‘‘GENERAL INVES- TIGATIONS’’, not less than $1,500,000 may be (A) improve water quality; and On page 42, between lines 5 and 6, insert available for Great Lakes remedial action (B) enable environmental and species pro- the following: tection; and plans and sediment remediation programs SEC. 2ll. FACILITATION OF INDIAN WATER under section 401 of the Water Resources De- (4) as appropriate, to evaluate integrated RIGHTS. velopment Act of 1990 (33 U.S.C. 1268 note; water resource management and supply The Secretary of the Interior may extend, Public Law 101–640). needs in the Tualatin River Basin, Oregon. on an annual basis, the repayment schedule (b) FEDERAL SHARE.—The Federal share of of debt incurred under section 9(d) of the Act SA 1693. Mr. JEFFORDS submitted the cost of the study conducted under sub- of August 4, 1939 (43 U.S.C. 485h(d)) to facili- section (a)— tate Indian water rights settlements in the an amendment intended to be proposed (1) shall not exceed 50 percent; and State of Arizona. by him to the bill H.R. 2754, making ap- (2) shall be nonreimbursable and non- propriations for energy and water de- returnable. SA 1688. Mr. REID proposed an velopment for the fiscal year ending (c) ACTIVITIES.—No activity carried out amendment to the bill H.R. 2754, mak- September 30, 2004, and for other pur- under this section shall be considered a sup- ing appropriations for energy and poses; which was ordered to lie on the plemental or additional benefit under Fed- water development for the fiscal year table; as follows: eral reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supple- ending September 30, 2004, and for On page 63, between lines 2 and 3, insert mental to and amendatory of that Act (43 other purposes; as follows: the following: U.S.C. 371 et seq.)). On page 13 of the bill, line 21, before the pe- SEC. 3ll. NEW SOURCE REVIEW DOCUMENTS. (d) FUNDING.— riod, insert the following: Not later than the later of November 1, (1) AUTHORIZATION OF APPROPRIATIONS.— : Provided further, That within funds provided 2003, or the date that is 30 days after the date There is authorized to be appropriated to herein, $500,000 may be used for completion of enactment of this Act, in accordance with carry out this section $2,900,000, to remain of design and initiation of construction of a commitment to the Committee on Envi- available until expended. the McCarran Ranch, NV, environmental res- ronment and Public Works of the Senate ex- toration project pressed in a letter from the Department of SA 1684. Mr. VOINOVICH (for him- Energy dated September 25, 2002, the Sec- Mr. DOMENICI (for Mrs. self, Mr. DEWINE, Mr. LEVIN, and Ms. SA 1689. retary of Energy shall submit to that Com- DOLE) proposed an amendment to the STABENOW) submitted an amendment mittee a log of documents that are respon- intended to be proposed by him to the bill H.R. 2754, making appropriations sive to the requests of the Committee relat- ing to the rules on the new source review bill H.R. 2754, making appropriations for energy and water development for the fiscal year ending September 30, program of the Environmental Protection for energy and water development for Agency. the fiscal year ending September 30, 2004, and for other purposes; as follows: 2004, and for other purposes; which was On page 16, line 12, before the period at the SA 1694. Mr. REED submitted an end, insert the following: ‘‘: Provided further, amendment intended to be proposed by ordered to lie on the table; as follows: That the Secretary of the Army may use On page 13, line 21, before the period at the $3,000,000 of the funds provided under this him to the bill H.R. 2754, making ap- end, insert the following: ‘‘: Provided further, heading to undertake, in connection with the propriations for energy and water de- That the Secretary of the Army is directed harbor of Morehead City, North Carolina, a velopment for the fiscal year ending to use at least $1,000,000 of the funds provided project to disperse sand along Bogue Banks’’. September 30, 2004, and for other pur- under this heading for the Great Lakes fish- poses; which was ordered to lie on the ery and ecosystem restoration program’’. SA 1690. Mr. DOMENICI (for Mr. BEN- table; as follows: NETT) proposed an amendment to the SA 1685. Mr. DEWINE submitted an On page 42, at the end of line 20 insert: bill H.R. 2754, making appropriations Provided, That of the funds made available amendment intended to be proposed by for energy and water development for for the Office of Electricity and Energy As- him to the bill H.R. 2754, making ap- the fiscal year ending September 30, surance, the Office shall provide grants to propriations for energy and water de- 2004, and for other purposes; as follows: states and regional organizations to work velopment for the fiscal year ending On page 2, line 18, after ‘‘expended’’ insert with system operators, including regional September 30, 2004, and for other pur- the following: ‘‘, of which $500,000, along with transmission organizations and independent poses; as follows: $500,000 of the unobligated balance of funds system operators, on transmission system On page 31, between lines 7 and 8, insert made available under this heading in the En- planning. The Office shall require that grant- the following: ergy and Water Appropriations Act, 2003, ees consider a full range of technology and may be transferred to the Bureau of Rec- policy options for transmission system plan- SEC. 1ll. FLOOD DAMAGE REDUCTION, MILL ning, including energy efficiency at cus- CREEK, CINCINNATI, OHIO. lamation to conduct a feasibility study for tomer facilities and in transmission equip- Not later than 1 year after the date of en- the purposes of providing water to Park City ment, customer demand response, distrib- actment of this Act, the Secretary of the and the Snyderville Basin, Utah’’. uted generation and advanced communica- Army, acting through the Chief of Engineers, tions and controls. Provided further, That of shall complete the general reevaluation re- SA 1691. Mr. REID (for Mr. WYDEN the funds made available for the Office of port for the project for flood damage reduc- (for himself and Mr. SMITH)) proposed Electricity and Energy Assurance, the Office tion, Mill Creek, Cincinnati, Ohio. an amendment to the bill H.R. 2754, shall develop regional training and technical making appropriations for energy and assistance programs for state regulators and SA 1686. Mr. BYRD submitted an water and development for the fiscal system operators to improve operation of the amendment intended to be proposed by year ending September 30, 2004, and for electricity grid. him to the bill H.R. 2754, making ap- other purposes; as follows: propriations for energy and water de- On page 15, line 8, strike ‘‘facilities:’’ and SA 1695. Mr. CORZINE (for himself velopment for the fiscal year ending insert ‘‘facilities; and of which $500,000 may and Mr. LAUTENBERG) submitted an

VerDate jul 14 2003 04:15 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.142 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11583 amendment intended to be proposed by (2) by striking ‘‘$9,835,000’’ and inserting water development for the fiscal year him to the bill H.R. 2754, making ap- ‘‘$7,025,000’’. ending September 30, 2004, and for propriations for energy and water de- other purposes; as follows: Mr. DOMENICI (for Mr. velopment for the fiscal year ending SA 1700. At the appropriate place, insert the fol- September 30, 2004, and for other pur- THOMAS) proposed an amendment to lowing: poses; which was ordered to lie on the the bill H.R. 2754, making appropria- SEC. . Of the funds made available under table; as follows: tions for energy and water develop- Construction, General, $1,500,000 may be ment for the fiscal year ending Sep- made available for work to be carried out On page 10, line 9, strike ‘‘That’’ and all tember 30, 2004, and for other purposes; under Section 560 of the Water Resources De- that follows through line 12 and insert the velopment Act of 1999 (Public Law 106–53). following: ‘‘That the Secretary of the Army, as follows: acting through the Chief of Engineers, shall On page 54, line 19, before the period, insert SA 1704. Mr. REID (for Mr. WYDEN) use not more than $1,000,000 of the funds the following: ‘‘: Provided further, That, in proposed an amendment to the bill made available under this heading to con- accordance with section 203 of the Colorado H.R. 2754, making appropriations for tinue construction of the project for Passaic River Basin Salinity Control Act (43 U.S.C. energy and water development for the River Streambank Restoration, Minish Park, 1593), electrical power supply and delivery New Jersey, and not more than $6,500,000 of assistance may be provided to the local dis- fiscal year ending September 30, 2004, the funds made available under this heading tribution utility as required to maintain and for other purposes; as follows: to carry out the project for the Raritan proper voltage levels at the Big Sandy River On page 44, line 14, before the period at the River Basin, Green Brook Sub-Basin, New Diffuse Source Control Unit’’. end, insert ‘‘, of which $3,000,000 may be Jersey: Provided further, That the Secretary available for a defense and security research of the Army, SA 1701. Mr. REID proposed an center’’. amendment to the bill H.R. 2754, mak- SA 1705. Mr. REID (for Mr. FEINGOLD) SA 1696. Mr. DOMENICI (for Mr. ing appropriations for energy and proposed an amendment to the bill COCHRAN) proposed an amendment to water development for the fiscal year H.R. 2754, making appropriations for the bill H.R. 2754, making appropria- ending September 30, 2004, and for energy and water development for the tions for energy and water develop- other purposes; as follows: ment for the fiscal year ending Sep- fiscal year ending September 30, 2004, On page 13 of the bill, line 21, before the pe- and for other purposes; as follows: tember 30, 2004, and for other purposes; riod, insert the following: On page 34, line 10, strike the period at the as follows: : Provided further, That within funds provided end and insert ‘‘: Provided further, That of herein, $100,000 may be used for initiation of On page 31, between lines 7 and 8, insert this amount, sufficient funds may be avail- feasibility studies to address erosion along the following: able for the Secretary of the Interior, not SEC. 1 . Section 592(g) of the Water Re- Bayou Teche, LA within the Chitimacha ll later than 60 days after the last day of the sources Development Act of 1999 (Public Law Reservation. fiscal year, to submit to Congress a report on 106–53; 113 Stat. 380) is amended by striking the amount of acquisitions made by the De- ‘‘$25,000,000 for the period beginning with fis- SA 1702. Mr. DOMENICI (for Mr. BEN- partment of the Interior during such fiscal cal year 2000’’ and inserting ‘‘$100,000,000’’. NETT) proposed an amendment to the year of articles, materials, or supplies that bill H.R. 2754, making appropriations were manufactured outside the United SA 1697. Mr. REID (for Mr. DORGAN) for energy and water development for States. Such report shall separately indicate proposed an amendment to the bill the fiscal year ending September 30, the dollar value of any articles, materials, or H.R. 2754, making appropriations for 2004, and for other purposes; as follows: supplies purchased by the Department of the energy and water development for the Interior that were manufactured outside the On page 28, strike lines 13 through 25 and United States, an itemized list of all waivers fiscal year ending September 30, 2004, insert the following: and for other purposes; as follows: under the Buy American Act (41 U.S.C. 10a et SEC. 115. Section 595 of the Water Re- seq.) that were granted with respect to such On page 54, line 19, before the period at the sources Development Act of 1999 (113 articles, materials, or supplies, and a sum- end, insert the following: ‘‘: Provided further, Stat.383; 117 Stat. 142) is amended— mary of total procurement funds spent on That the $750,000 that is made available (1) by striking the section heading and in- goods manufactured in the United States under this heading for a transmission study serting the following: versus funds spent on goods manufactured on the placement of 500 megawatt wind en- ‘‘SEC. 595. IDAHO, MONTANA, RURAL NEVADA, outside of the United States. The Secretary ergy in North Dakota and South Dakota may NEW MEXICO, AND RURAL UTAH.’’; of the Interior shall make the report pub- be nonreimbursable’’. (2) in subsection (a)— licly available by posting the report on an (A) by redesignating paragraphs (1) Internet website.’’. SA 1698. Mr. REID proposed an through (3) as subparagraphs (A) through (C), On page 47, line 12, strike the period at the amendment to the bill H.R. 2754, mak- respectively; end and insert ‘‘: Provided further, That of ing appropriations for energy and (B) by striking (a) and all that follows this amount, sufficient funds shall be avail- water development for the fiscal year through ‘‘means—’’ and inserting the fol- able for the Secretary of Energy, not later ending September 30, 2004, and for lowing: than 60 days after the last day of the fiscal other purposes; as follows: ‘‘(a) DEFINITIONS.—In this section: year, to submit to Congress a report on the ‘‘(1) RURAL NEVADA.—The term ‘rural Ne- amount of acquisitions made by the Depart- At the appropriate place, insert the fol- vada’ means’’; and ment of Energy during such fiscal year of ar- lowing: (C) by adding at the end the following: ticles, materials, or supplies that were man- SEC. . Of the funds made available under ‘‘(2) RURAL UTAH.—The term ‘rural Utah’ ufactured outside the United States. Such Operation and Maintenance, General, an ad- means— report shall separately indicate the dollar ditional $500,000 may be made available to ‘‘(A) the counties of Box Elder, Cache, value of any articles, materials, or supplies the Recreation Management Support Pro- Rich, Tooele, Morgan, Summit, Dagett, purchased by the Department of Energy that gram to work with the International Moun- Wasatch, Duchesne, Uintah, Juab, Sanpete, were manufactured outside the United tain Bicycling Association to design, build, Carbon, Millard, Sevier, Emery, Grand, Bea- States, an itemized list of all waivers under and maintain trails at Corps of Engineers ver, Piute, Wayne, Iron, Garfield, San Juan, the Buy American Act (41 U.S.C. 10a et seq.) projects. and Kane, Utah; and that were granted with respect to such arti- ‘‘(B) the portions of Washington County, cles, materials, or supplies, and a summary SA 1699. Mr. REID (for Mr. CONRAD) Utah, that are located outside the city of St. of total procurement funds spent on goods proposed an amendment to the bill George, Utah.’’; manufactured in the United States versus H.R. 2754, making appropriations for (3) in subsections (b) and (c), by striking funds spent on goods manufactured outside energy and water development for the ‘‘Nevada, Montana, and Idaho’’ and inserting of the United States. The Secretary of En- fiscal year ending September 30, 2004, ‘‘Idaho, Montana, rural Nevada, New Mexico, ergy shall make the report publicly available and for other purposes; as follows: and rural Utah’’; and by posting the report on an Internet website.’’. On page 31, between lines 7 and 8, insert (4) in subsection (h), by striking ‘‘2001—’’ the following: and all that follows and inserting ‘‘2001 $25,000,000 for each of Idaho, Montana, New SA 1706. Mr. DOMENICI (for himself SEC. 1ll. PARK RIVER, GRAFTON, NORTH DA- and Mr. REID) proposed an amendment KOTA. Mexico, and rural Utah, to remain available Section 364(5) of the Water Resources De- until expended.’’. to the bill H.R. 2754, making appropria- velopment Act of 1999 (113 Stat. 314) is tions for energy and water develop- amended— SA 1703. Mr. REID proposed an ment for the fiscal year ending Sep- (1) by striking ‘‘$18,265,000’’ and inserting amendment to the bill H.R. 2754, mak- tember 30, 2004, and for other purposes; ‘‘$21,075,000’’; and ing appropriations for energy and as follows:

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On page 41, line 5, strike ‘‘655’’ and insert At the appropriate place on page 42, after (1) IN GENERAL.—Not later than 120 days in lieu thereof ‘‘566’’. section 211 insert the following: after the date of enactment of this Act, the ‘‘SEC. ll. RESTORATION OF FISH AND WILDLIFE Secretary may enter into an agreement with SA 1707. Mr. DOMENICI proposed an HABITAT AND PROVISION OF BOT- the Corporation to lease, for a term of 25 amendment to the bill H.R. 2754, mak- TLED WATER FOR FALLON SCHOOL- years, approximately 940 acres of Federal ing appropriations for energy and CHILDREN. land depicted on the Martin’s Cove map MC– water development for the fiscal year (a) IN GENERAL.—In carrying out section 001. The Corporation shall retain the right of 2507 of Public Law 101–171, the Secretary of ingress and egress in, from and to any part of ending September 30, 2004, and for Interior, acting through the Commissioner of other purposes; as follows: the leasehold for its use and management as Reclamation, shall— an important historical site. On page 28, line 1 strike ‘‘105–227’’ and in- (1) notwithstanding sec. 2507(b) of P.L. 101– (2) TERMS AND CONDITIONS.— sert in lieu thereof ‘‘105–277’’. 171, provide $2.5 million to the State of Ne- (A) SURVEY.—As a condition of the agree- vada to purchase water rights from willing ment under paragraph (1), the Corporation SA 1708. Mr. DOMENICI proposed an sellers and make necessary improvements shall provide a boundary survey to the Sec- amendment to the bill H.R. 2754, mak- for Carson Lake and Pasture. retary, acceptable to the Corporation and ing appropriations for energy and (2) provide $100,000 to Families in Search of the Secretary, of the parcels of land to be water development for the fiscal year Truth, Fallon, NV for the purchase of bottled leased under paragraph (1). water for schoolchildren in Fallon-area ending September 30, 2004, and for (B) ACCESS.— schools. other purposes; as follows: (i) IN GENERAL.—The Secretary and the (b) LIMITATION.—The funds specified to be Corporation shall enter into a lease cov- On page 48, line 8, after the word ‘‘ex- provided in (a)(1) shall only be provided by enant, binding on any successor or assignee pended:’’ insert the following: the Bureau of Reclamation when the title to that ensures that, consistent with the his- ‘‘Provided, That the Secretary of Energy Carson lake and Pasture is conveyed to the toric purposes of the site, public access will may use $1,000,000 of available funds to pre- State of Nevada; the waiver of sec. 2507(b) of be provided across private land owned by the serve historical sites associated with, and P.L. 101–171 shall only apply to water pur- Corporation to Martin’s Cove and Devil’s other aspects of the history of, the Manhat- chases for Carson Lake and Pasture. Gate. Access shall— tan Project’’ (c) ADMINISTRATION.—The Secretary of In- (I) ensure public visitation for historic, terior, acting through the Commissioner of educational and scenic purposes through pri- SA 1709. Mr. REID (for Mr. BYRD) Reclamation, may provide financial assist- vate lands owned by the Corporation to Mar- ance to State and local public agencies, In- proposed an amendment to the bill tin’s Cove and Devil’s Gate; dian tribes, nonprofit organization, and indi- H.R. 2754, making appropriations for (II) provide for public education, ecologic viduals to carry out this section and sec. 2507 energy and water development for the and preservation at the Martin’s Cove site; of P.L. 101–171. fiscal year ending September 30, 2004, (III) be provided to the public without and for other purposes; as follows: charge; and SA 1713. Mr. DOMENICI (for Mr. On page 42, line 20, before the period at the (IV) permit the Corporation, in consulta- SPECTER) proposed an amendment to tion with the BLM, to regulate entry as may end, insert ‘‘, of which $400,000 may be made the bill H.R. 2754, making appropria- available to the Office of International Mar- be required to protect the environmental and ket Development to carry out a program to tions for energy and water develop- historic values of the resource at Martin’s implement, and serve as an administrative ment for the fiscal year ending Sep- Cove or at such times as necessitated by center in support of, the multi-agency Clean tember 30, 2004, and for other purposes; weather conditions, matters of public safety Energy Technology Exports Initiative’’. as follows: and nighttime hours. (C) IMPROVEMENTS.—The Corporation may, At the appropriate place, insert the fol- SA 1710. Mr. REID (for Mr. BINGA- upon approval of the BLM, improve the lowing: leasehold as may become necessary from MAN) proposed an amendment to the SEC. ll. SCHUYLKILL RIVER PARK, PHILADEL- time to time in order to accommodate visi- bill H.R. 2754, making appropriations PHIA, PENNSYLVANIA. tors to the leasehold. for energy and water development for The Secretary of the Army may provide (D) ARCHAEOLOGICAL PRESERVATION.—The the fiscal year ending September 30, technical, planning, design, and construction Corporation shall have the obligation to pro- 2004, and for other purposes; as follows: assistance for Schuylkill River Park, Phila- tect and maintain any historical or archae- delphia, Pennsylvania, in accordance with At the end of title III, add the following: ological artifacts discovered or otherwise section 564(c) of the Water Resources Devel- SEC. 313. No funds appropriated or other- identified at Martin’s Cove. opment Act of 1996 (Public Law 104–303; 110 wise made available under this title under (E) VISITATION GUIDELINES.—The Corpora- Stat. 3785), as contained in the May 2000 re- the heading ‘‘ATOMIC ENERGY DEFENSE tion may establish, in consultation with the port of the Philadelphia District based on re- ACTIVITIES’’ may be obligated or expended BLM, visitation guidelines with respect to gional economic development benefits, at a for additional and exploratory studies under such issues as firearms, alcoholic beverages, Federal share of 50 percent and a non-Fed- the Advanced Concepts Initiative until 30 and controlled substances and conduct con- eral share of 50 percent. days after the date on which the Adminis- sistent with the historic nature of the re- source, and to protect public health and safe- trator for Nuclear Security submits to Con- Mr. REID (for himself and gress a detailed report on the planned activi- SA 1714. ty. ties for additional and exploratory studies Mr. DOMENICI) proposed an amendment (F) NO ABRIDGEMENT.—The lease shall not under the initiative for fiscal year 2004. The to the bill H.R. 2754, making appropria- be subject to abridgement, modification, ter- report shall be submitted in unclassified tions for energy and water develop- mination, or other taking in the event any form, but may include a classified annex. ment for the fiscal year ending Sep- surrounding area is subsequently designated tember 30, 2004, and for other purposes; as a wilderness or other protected areas. The SA 1711. Mr. DOMENICI (for Mr. as follows: lease shall contain a provision limiting the VOINOVICH (for himself, Mr. DEWINE, ability of the Secretary from administra- On page 63, between lines 2 and 3 insert the tively placing Martin’s Cove in a restricted Mr. LEVIN, and Ms. STABENOW)) pro- following: land management status such as a Wilder- posed an amendment to the bill H.R. SEC. 3ll. MARTIN’S COVE LEASE. ness Study Area. 2754, making appropriations for energy (a) DEFINITIONS.—In this section: (G) RIGHT OF FIRST REFUSAL.—The Corpora- and water development for the fiscal (1) BUREAU OF LAND MANAGEMENT.—The tion shall be granted a right of first refusal year ending September 30, 2004, and for term ‘‘Bureau of Land Management’’, here- to lease or otherwise manage Martin’s Cove other purposes; as follows: after referred to as the ‘‘BLM’’, means an in the event the Secretary proposes to lease On page 13, line 21, before the period at the agency of the Department of the Interior. or transfer control or title of the land to an- end, insert the following: ‘‘: Provided further, (2) CORPORATION.—The term ‘‘Corporation’’ other party. That the Secretary of the Army may use at means the Corporation of the Presiding (H) FAIR MARKET VALUE LEASE PAYMENTS.— least $1,000,000 of the funds provided under Bishop of The Church of Jesus Christ of Lat- The Corporation shall make lease payments this heading for the Great Lakes fishery and ter-day Saints, located at 50 East North which reflect the fair market rental value of ecosystem restoration program’’. Temple Street, Salt Lake City, Utah. the public lands to be leased, provided how- (3) MARTIN’S COVE.—The term ‘‘Martin’s ever, such lease payments shall be offset by SA 1712. Mr. REID proposed an Cove’’ means the area, consisting of approxi- value of the public easements granted by the amendment to the bill H.R. 2754, mak- mately 940 acres of public lands in Natrona Corporation to the Secretary across private County, Wyoming as depicted on the Mar- lands owned by the Corporation for access to ing appropriations for energy and tin’s Cove map numbered MC–001. Martin’s Cove and Devil’s Gate. water development for the fiscal year (4) SECRETARY.—The term ‘‘Secretary’’ (I) RENEWAL.—The Secretary may offer to ending September 30, 2004, and for means the Secretary of the Interior. renew such lease on terms which are mutu- other purposes; as follows: (b) LEASE.— ally acceptable to the parties.

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(c) MINERAL WITHDRAWAL.—The Secretary On page 42, at the end of line 20 insert: (c) PROCUREMENT OF SERVICES.—The Sec- shall retain the subsurface mineral estate Provided, That of the funds made available retary of Labor may procure temporary serv- under the leasehold, provided that the leased for the Office of Electricity and Energy As- ices in carrying out the duties of the Sec- lands shall be withdrawn from all forms of surance, the Office may provide grants to retary under the MOA. entry, appropriations, or disposal under the states and regional organizations to work (d) DUTIES OF SECRETARY OF ENERGY.— public land laws and disposition under all with system operators, including regional Under the MOA entered into under sub- laws relating to oil and gas leasing. transmission organizations and independent section (a), the Secretary of Energy shall— (d) NO PRECEDENT SET.—This Act does not system operators, on transmission system (1) consistent with subtitle D of the Energy set a precedent for the terms and conditions planning. The Office may require that grant- Employees Occupational Illness Compensa- of leases between or among private entities ees consider a full range of technology and tion Program Act of 2000 (42 U.S.C. 7385o et and the United States. policy options for transmission system plan- seq.), manage physician panels and secure (e) VALID AND EXISTING RIGHTS.—The Lease ning, including energy efficiency at cus- necessary records in response to requests provided for under this section shall be sub- from the Secretary of Labor; and ject to valid existing rights with respect to tomer facilities and in transmission plan- ning, including energy efficiency at cus- (2) subject to the availability of appropria- any lease, right-of-way, permit, or other tions, transfer funds pursuant to requests by valid existing rights to which the property is tomer facilities and in transmission equip- ment, customer demand response, distrib- the Secretary of Labor. subject. (e) SUBMISSION TO CONGRESS.—The MOA en- uted generation and advanced communica- (f) AVAILABILITY OF MAP.—The Secretary tered into under subsection (a) shall be sub- tions and controls. Provided further, That of shall keep the map identified in this section mitted to the appropriate committees of the funds made available for the Office of on file and available for public inspection in Congress and made available to the general Electricity and Energy Assurance, the Office the Casper District Office of the BLM in Wy- public in both printed and electronic forms. oming and the State Office of the BLM, may develop regional training and technical Cheyenne, Wyoming. assistance programs for state regulators and SA 1720. Mr. REID (for Mr. SCHUMER) (g) NEPA COMPLIANCE.—The Secretary system operators to improve operation of the proposed an amendment to the bill electricity grid. shall comply with the provisions of the Na- H.R. 2754, making appropriations for tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in carrying out this sec- SA 1718. Mr. REID (for Mr. CORZINE energy and water development for the tion. (for himself and Mr. LAUTENBERG)) pro- fiscal year ending September 30, 2004, posed an amendment to the bill H.R. and for other purposes; as follows: SA 1715. Mr. DOMENICI (for Mr. 2754, making appropriations for energy On page 15, line 16, after ‘‘2004’’ insert the WARNER (for himself, Mr. SARBANES, and water development for the fiscal following: ‘‘: Provided further, That none of Mr. ALLEN, and Ms. MIKULSKI)) pro- year ending September 30, 2004, and for the funds appropriated under this heading may be used for the Great Lakes Sediment posed an amendment to the bill H.R. other purposes; as follows: 2754, making appropriations for energy Transport Models’’. and water development for the fiscal On page 10, line 9, strike ‘‘That’’ and all that follows through line 12 and insert the SA 1721. Mr. REID (for Mr. SCHUMER) year ending September 30, 2004, and for following: ‘‘That the Secretary of the Army, proposed an amendment to the bill other purposes; as follows: acting through the Chief of Engineers, may H.R. 2754, making appropriations for Provided, That using $200,000 appropriated use $1,000,000 of the funds made available energy and water development for the herein, the Secretary of the Army, acting under this heading to continue construction fiscal year ending September 30, 2004, through the Chief of Engineers, may develop of the project for Passaic River Streambank an environmental impact statement for in- Restoration, Minish Park, New Jersey, and and for other purposes; as follows: troducing non-native oyster species into the $6,500,000 of the funds made available under On page 63, between lines 2 and 3 insert the Chesapeake Bay. During preparation of the this heading to carry out the project for the following: environmental impact statement, the Sec- Raritan River Basin, Green Brook Sub- SEC. 3ll. REINSTATEMENT AND TRANSFER OF retary may establish a scientific advisory Basin, New Jersey: Provided further, That the THE FEDERAL LICENSE FOR body consisting of the Virginia Institute of Secretary of the Army, PROJECT NO. 2696. Marine Science, the University of Maryland, (a) DEFINITIONS.— and other appropriate research institutions SA 1719. Mr. DOMENICI (for Mr. (1) COMMISSION.—The term ‘‘Commission’’ means the Federal Energy Regulatory Com- to review the sufficiency of the environ- GRASSLEY (for himself and Ms. MUR- mental impact statement. In addition, the mission. KOWSKI)) proposed an amendment to Secretary shall give consideration to the (2) TOWN.—The term ‘‘town’’ means the findings and recommendations of the Na- the bill H.R. 2754, making appropria- town of Stuyvesant, New York, the holder of tional Academy of Sciences report on the in- tions for energy and water develop- Federal Energy Regulatory Commission Pre- troduction of non-native oyster species into ment for the fiscal year ending Sep- liminary Permit No. 11787. the Chesapeake Bay in the preparation of the tember 30, 2004, and for other purposes; (b) REINSTATEMENT AND TRANSFER.—Not- environmental impact statement. Notwith- as follows: withstanding section 8 of the Federal Power standing the cost sharing provisions of Sec- Act (16 U.S.C. 801) or any other provision of At the appropriate place, insert the fol- that Act, the Commission shall, not later tion 510(d) of the Water Resources Develop- lowing: ment Act of 1996, 110 Stat. 3760, the prepara- than 30 days after the date of enactment of SEC. ll. (a) MEMORANDUM OF AGREE- this Act— tion of the environmental impact statement MENT.—Not later than 45 days after the date shall be cost shared 50% Federal and 50% (1) reinstate the license for Project No. of enactment of this Act, the Secretary of 2696; and non-Federal, for an estimated cost of Energy and the Secretary of Labor shall $2,000,000. The non-Federal sponsors’ may (2) transfer the license to the town. enter into a Memorandum of Agreement (re- (c) HYDROELECTRIC INCENTIVES.—Project meet their 50% matching cost share through ferred to in this section as the ‘‘MOA’’) No. 2696 shall be entitled to the full benefit in-kind services, provided that the Secretary under which the Secretary of Labor shall of any Federal law that— determines that work performed by the non- agree to provide technical and managerial (1) promotes hydroelectric development; Federal sponsor’s is reasonable, allowable, assistance pursuant to subtitle D of the En- and allocable, and integral to the development of ergy Employees Occupational Illness Com- (2) that is enacted within 2 years before or the environmental impact statement. pensation Program Act of 2000 (42 U.S.C. after the date of enactment of this Act. 7385o et seq.). SA 1716. Mr. DOMENICI (for himself (d) CO-LICENSEE.—Notwithstanding the (b) REQUIREMENT.—Under the MOA entered issuance of a preliminary permit to the town and Mr. REID) proposed an amendment into under subsection (a), the Secretary of and any consideration of municipal pref- to the bill H.R. 2754, making appropria- Labor shall, not later than 90 days after the erence, the town may at any time add as a tions for energy and water develop- date of enactment of this Act, assume man- co-licensee to the reinstated license a pri- ment for the fiscal year ending Sep- agement and operational responsibility for vate or public entity. tember 30, 2004, and for other purposes; the development and preparation of claims (e) PROJECT FINANCING.—The town may re- as follows: filed with the Department of Energy under ceive loans under sections 402 and 403 of the subtitle D of the Energy Employees Occupa- On page 14, line 26, strike ‘‘$1,949,000,000’’ Public Utility Regulatory Policies Act of tional Illness Compensation Program Act of and insert in lieu thereof ‘‘2,014,000,000’’. 1978 (16 U.S.C. 2702, 2703) or similar programs 2000 (42 U.S.C. 7385o et seq.), consistent with for the reimbursement of the costs of any SA 1717. Mr. REID (for Mr. REED) the regulations under part 852 of title 10, feasibility studies and project costs incurred proposed an amendment to the bill Code of Federal Regulations, including the during the period beginning on January 1, development of information necessary for 2001 and ending on December 31, 2006. H.R. 2754, making appropriations for the informed consideration of such claims by (f) ENERGY CREDITS.—Any power produced energy and water development for the a physicians panel (which shall include work by the project shall be deemed to be incre- fiscal year ending September 30, 2004, histories, medical records, and exposure as- mental hydropower for purposes of quali- and for other purposes; as follows: sessments with respect to toxic substances). fying for energy credits or similar benefits.

VerDate jul 14 2003 05:01 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.155 S16PT1 S11586 CONGRESSIONAL RECORD — SENATE September 16, 2003 SA 1722. Mr. SANTORUM (for Mr. River Basin, and for other purposes. mittee on the Judiciary be authorized BINGAMAN) proposed an amendment to (Contact: Shelly Randel 202–224–7933, to meet to conduct a hearing on Tues- the bill H.R. 2754, making appropria- Erik Webb 202–224–4756 or Meghan Beal day, September 16, 2003, at 9:30 a.m., in tions for energy and water develop- at 202–224–7556). the Russell Senate Office Building ment for the fiscal year ending Sep- Because of the limited time available Room 325 on ‘‘Ensuring the Continuity tember 30, 2004, and for other purposes; for the hearings, witnesses may testify of the United States Government: The as follows: by invitation only. However, those Presidency.’’ On page 51, line 13, insert before the period: wishing to submit written testimony Witness List: Prof. Akhil Amar, ‘‘: Provided, That from the funds made for the hearing record should send two Soutmayd Professor of Law and Polit- available under this heading for transfer to copies of their testimony to the Sub- ical Science, Yale Law School, New the National Institute for Occupational Safe- committee on Water and Power, Com- Haven, CT; Dr. John C. Fortier, Execu- ty and Health for epidemiological research, mittee on Energy and Natural Re- tive Director, Continuity of Govern- $7.5 million shall be transferred to include sources, United States Senate, Wash- projects to conduct epidemiological research ment Commission, Research Associate, and carry out other activities to establish ington, D.C. 20510–6150. American Enterprise Institute, Wash- the scientific link between radiation expo- COMMITTEE ON INDIAN AFFAIRS ington, DC; Mr. M. Miller Baker, Esq., sure and the occurrence of chronic Mr. CAMPBELL. Mr. President, I McDermott, Will & Emery, Wash- lymphocytic leukemia; would like to announce that the Com- ington, DC; and Prof. Howard M. f mittee on Indian Affairs will meet on Wasserman, Assistant Professor of Wednesday, September 24, 2003 to con- Law, Florida International University NOTICES OF HEARINGS/MEETINGS duct a hearing on S. 1601, the Indian College of Law, Miami, FL. COMMITTEE ON INDIAN AFFAIRS Child Protection and Family Violence The PRESIDING OFFICER. Without Mr. CAMPBELL. Mr. President, I Prevention Act of 2003. objection, it is so ordered. would like to announce that the Com- Those wishing additional information COMMITTEE ON THE JUDICIARY mittee on Indian Affairs will meet on may contact the Indian Affairs Com- Mr. CRAIG. Mr. President, I ask Wednesday, September 17, 2003, at 10 mittee at 224–2251. unanimous consent that the Com- a.m. in Room 485 of the Russell Senate f mittee on the Judiciary be authorized Office Building to conduct a hearing on AUTHORITY FOR COMMITTEES TO to meet to conduct a hearing on Tues- S. 420, a bill to provide for the ac- MEET day, september 16, 2003, at 2:30 p.m., in knowledgement of the Lumbee Tribe of the Dirksen Senate Office Building North Carolina, and for other purposes. COMMITTEE ON BANKING, HOUSING, AND URBAN Room 226 on ‘‘Examining the Impor- AFFAIRS Those wishing additional information tance of the H–1 Visa to the American Mr. CRAIG. Mr. President, I ask may contact the Indian Affairs Com- Economy.’’ unanimous consent that the Com- mittee at 224–2251. Stephen Yale-Loehr, Business Com- mittee on Banking, Housing, and SUBCOMMITTEE ON WATER AND POWER mittee Chair, American Immigration Urban Affairs be authorized to meet Lawyers Association, Adjunct pro- Ms. MURKOWSKI. Mr. President, I during the session of the Senate on fessor, Cornell University Law School; would like to announce for the infor- September 16, 2003, at 10 a.m. to con- Elizabeth Dickson, Advisor, Immigra- mation of the Senate and the public duct a hearing on the nominations of tion Services, Ingersoll-Rand Corpora- that the hearing before the Sub- Mr. Harvey S. Rosen, of New Jersey, tion; John Steadman, President-Elect, committee on Water and Power of the and Ms. Kristen J. Forbes, of Massa- IEEE–USA; and Patrick Duffy, Human Committee on Energy and Natural Re- chusetts, to be a member of the Coun- Resources Attorney, Intel Corporation. sources on September 18, at 2:30 p.m. cil of Economic Advisors, Executive Of- has been rescheduled. fice of the President; Ms. Julie L. The PRESIDING OFFICER. With ob- The hearing will now be held on Myers, of Kansas, to be Assistant Sec- jection, it is so ordered. Tuesday, September 23, at 2:30 p.m. in retary of Commerce for Export En- COMMITTEE ON RULES AND ADMINISTRATION Room SD–366 of the Dirksen Senate Of- forcement; and Mr. Peter Mr. CRAIG. Mr. President, I ask fice Building. Lichtenbaum, of Virginia, to be Assist- unanimous consent that the Com- The purpose of the hearing is to re- ant Secretary of Commerce for Export mittee on Rules and Administration ceive testimony on S. 213, a bill to Administration. and the Committee on the Judiciary be clear title to certain real property in The PRESIDING OFFICER. Without authorized to meet during the session New Mexico associated with the Middle objection, it is so ordered. of the Senate on Tuesday, September Rio Grande Project, and for other pur- COMMITTEE ON GOVERNMENTAL AFFAIRS 16, 2003, at 9:30 a.m., to conduct a joint poses; S. 1236, a bill directing the Sec- hearing on Ensuring the Continuity of retary of the Interior to establish a Mr. CRAIG. Mr. President, I ask unanimous consent that the Com- the United States Government: The program to control or eradicate Presidency. Tamarisk in the Western United mittee on Governmental Affairs be au- thorized to meet on Tuesday, Sep- The PRESIDING OFFICER. Without States, and for other purposes; S. 1516, objection, it is so ordered. a bill to further the purposes of the tember 16, 2003, at 9:30 a.m. for a hear- Reclamation Projects Authorization ing titled ‘‘Oversight of GAO: What COMMITTEE ON VETERANS’ AFFAIRS and Adjustment Act of 1992 by direct- Lies Ahead for Congress’ Watchdog?’’ Mr. CRAIG. Mr. President, I ask ing the Secretary of the Interior, act- The PRESIDING OFFICER. Without unanimous consent that the Com- ing through the Commissioner of Rec- objection, it is so ordered. mittee on Veterans’ Affairs be author- lamation, to carry out an assessment COMMITTEE ON GOVERNMENTAL AFFAIRS ized to meet during the session of the and demonstration program to assess Mr. CRAIG. Mr. President, I ask Senate on Tuesday, September 16, 2003, potential increases in water avail- unanimous consent that the Com- for a joint hearing with the House of ability for Bureau of Reclamation mittee on Governmental Affairs be au- Representatives’ Committee on Vet- projects and other uses through control thorized to meet on Tuesday, Sep- erans’ Affairs, to hear the legislative of salt cedar and Russian olive; H.R. tember 16, 2003, at approximately 11 presentation of The American Legion. 856, a bill authorizing the Secretary of a.m. for a hearing to consider the nom- The hearing will take place in room the Interior to revise a repayment con- ination of C. Suzanne Mencer to be Di- 216 of the Hart Senate Office Building tract with the Tom Green County rector, Office of Domestic Prepared- at 10 a.m. Water Control and Improvement Dis- ness, Department of Homeland Secu- The PRESIDING OFFICER. Without trict No. 1, San Angelo project, Texas, rity. objection, it is so ordered. and for other purposes; and H.R. 961, a The PRESIDING OFFICER. Without SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND bill to promote Department of the Inte- objection, it is so ordered. WATER rior efforts to provide a scientific basis COMMITTEE ON THE JUDICIARY Mr. CRAIG. Mr. President, I ask for the management of sediment and Mr. CRAIG. Mr. President, I ask unanimous consent that the Sub- nutrient loss in the Upper Mississippi unanimous consent that the Com- committee on Fisheries, Wildlife, and

VerDate jul 14 2003 04:15 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.157 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — SENATE S11587 Water be authorized to meet on Tues- et al., Civil No. 03–1684 (SEC), pending in the Resolved, That the Senate— day, September 16, at 9:30 a.m., to con- United States District Court for the District (1) has learned with profound sorrow of the duct on oversight hearing on the imple- of Puerto Rico, the plaintiff has named as death of the Honorable Frank O’Bannon, mentation of the Clean Water Act. defendants all Members of the Senate, as Governor of Indiana, on September 13, 2003; well as the Vice President, the President Pro (2) extends its condolences to the O’Bannon The hearing will take place in SD 406 Tem, the Secretary of the Senate, the Ser- family, especially to his wife Judy, his chil- (Hearing Room). geant at Arms, and the Congress; dren Jonathan, Jennifer, and Polly, and his The PRESIDING OFFICER. Without Whereas, pursuant to sections 703(a) and grandchildren Beau, Chelsea, Asher, Demi, objection, it is so ordered. 704(a)(1) of the Ethics in Government Act of and Elle; SUBCOMMITTEE ON INTERNATIONAL TRADE AND 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the (3) expresses its profound gratitude to FINANCE Senate may direct its counsel to defend Frank O’Bannon for the services that he ren- Mr. CRAIG. Mr. President, I ask Members and Officers of the Senate in civil dered to the Nation in the United States Air actions relating to their official responsibil- unanimous consent that the Sub- Force and the Indiana State Legislature, and ities; as Governor of Indiana; and committee on International Trade and Whereas, pursuant to section 708(c) of the (4) recognizes with respect Frank Finance of the Committee on Banking, Ethics in Government Act of 1978, 2 U.S.C. O’Bannon’s integrity, steadfastness, and loy- Housing, and Urban Affairs be author- § 288g(c), the Senate may direct its counsel to alty to the State of Indiana and to the ized to meet during the session of the perform other duties: Now therefore, be it United States. Senate on September 16, 2003, at 2:30 Resolved, That the Senate Legal Counsel is f p.m., to conduct a hearing on Financial authorized to represent all Members of the MEASURE READ THE FIRST Reconstruction in Iraq. Senate, the Vice President, the President Pro Tem, the Secretary of the Senate, the TIME—S. 1618 The PRESIDING OFFICER. Without Sergeant at Arms, and the Congress, in the Mr. BROWNBACK. Mr. President, I objection, it is so ordered. case of Josue Orta Rivera v. Congress of the understand that S. 1618, introduced f United States of America, et al. early today by Senator ROCKEFELLER PRIVILEGE OF THE FLOOR f and others, is at the desk, and I ask for Mr. FEINGOLD. Mr. President, I ask DEATH OF INDIANA GOVERNOR its first reading. unanimous consent that privilege of FRANK O’BANNON The PRESIDING OFFICER. The the floor be granted to Andrew Ayers, a Mr. BROWNBACK. Mr. President, I clerk will read the bill for the first legal intern with my Judiciary Com- ask unanimous consent that the Sen- time. The legislative clerk read as follows: mittee staff, during consideration of ate proceed to the immediate consider- the debate on S. Res. 17. ation of S. Res. 227, a resolution sub- A bill (S. 1618) to reauthorize Federal Avia- The PRESIDENT pro tempore. With- tion Administration Programs for the period mitted early today by Senator BAYH. beginning on October 1, 2003, and ending on out objection, it is so ordered. The PRESIDING OFFICER. The March 31, 2004, and for other purposes. Mr. REID. Mr. President, on behalf of clerk will report the resolution by Mr. BROWNBACK. I now ask for its Senator BINGAMAN, I ask unanimous title. second reading and object to my own consent that Dr. Jonathan Epstein and The legislative clerk read as follows: request. Mr. Eric Burman, legislative fellows in A resolution (S. Res. 227) expressing the The PRESIDING OFFICER. Objec- his office, be given floor privileges dur- profound sorrow of the Senate for the death tion is heard. ing the pendency of H.R. 2754, and any of Indiana Governor Frank O’Bannon and ex- The bill will remain at the desk and votes thereupon. tending thoughts, prayers, and condolences have its next reading on the next legis- to his family, friends, and loved ones. The PRESIDING OFFICER. Without lative day. objection, it is so ordered. There being no objection, the Senate Mr. ROCKEFELLER. Mr. President, f proceeded to consider the resolution. this legislation reauthorizes the Fed- Mr. BROWNBACK. Mr. President, I AUTHORIZING REPRESENTATION eral Aviation Administration, FAA, further ask unanimous consent that BY SENATE LEGAL COUNSEL and its core programs, including the the resolution be agreed to, the pre- Airport Improvement Program, AIP, Mr. BROWNBACK. Mr. President, I amble be agreed to, and the motion to through March 31, 2004. While I would ask unanimous consent that the Sen- reconsider be laid upon the table, with like to have seen Congress pass a com- ate proceed to the immediate consider- no intervening action or debate; and prehensive multiyear bill, it is not ation of S. Res. 226, which was sub- that any statements relating to this going to be possible by the end of this mitted earlier today. matter be printed in the RECORD. fiscal year. We need to pass this non- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without controversial short-term extension to clerk will report the resolution by objection, it is so ordered. allow the FAA to continue to operate title. The resolution (S. Res. 227) was its core safety and airport funding pro- The legislative clerk read as follows: agreed to. grams. A resolution (S. Res. 226) to authorize rep- The preamble was agreed to. The Senate produced a very good resentation by the Senate Legal Counsel in The resolution, with its preamble, FAA reauthorization bill, and I was the case of Josue Orta Rivera v. Congress of reads as follows: proud to help in developing that legis- the United States of America, et al. S. RES. 227 lation. Unfortunately, the final prod- There being no objection, the Senate Whereas Frank O’Bannon devoted his en- uct after negotiations with the House proceeded to consider the resolution. tire life to public service and to the people of of Representatives was not as good as Mr. BROWNBACK. Mr. President, I the State of Indiana; the Senate-passed bill. It included sev- ask unanimous consent that the reso- Whereas Frank O’Bannon dedicated his life eral dangerous provisions that I could lution be agreed to, the preamble be to defending the Nation’s principles of free- not support, and, in fact, many of my agreed to, and the motion to reconsider dom and democracy, serving in the United colleagues on both sides of the aisle be laid upon the table; and that any States Air Force from 1952 until 1954; have raised objections to this legisla- statements relating to this matter be Whereas Frank O’Bannon served 18 years in the Indiana State Senate and 8 years as tion. printed in the RECORD. Lieutenant Governor of Indiana; The most significant reason that the The PRESIDING OFFICER. Is there Whereas, on November 5, 1996, Frank multiyear FAA bill is stalled is because objection? O’Bannon was elected the 47th Governor of the conference report includes lan- Without objection, it is so ordered. the State of Indiana, where he served until guage that allows as large part of the The resolution (S. Res. 226) was his death on September 13, 2003; Nation’s air traffic control system to agreed to. Whereas Frank O’Bannon was a true friend be contracted out to private operators. The preamble was agreed to. to Indiana, and a gentle man of integrity, If adopted, the conference report would The resolution, with its preamble, kindness, and good works; and allow the FAA to initiate the process reads as follows: Whereas Frank O’Bannon will be remem- bered as a loving husband to his wife Judy, a of contracting out of some air traffic S. RES. 226 devoted father to his 3 children, and a caring control functions immediately while Whereas, in the case of Josue Orta Rivera grandfather to his 5 grandchildren: Now, only delaying the potential privatiza- v. Congress of the United States of America, therefore, be it tion for the 4-year life of the bill. The

VerDate jul 14 2003 05:02 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.166 S16PT1 S11588 CONGRESSIONAL RECORD — SENATE September 16, 2003 Senate during its consideration of the unrelated issues. Broad consensus ex- adjourn until 8:30 a.m., Wednesday, FAA bill voted 56 to 41 to keep all air ists on the need for increased aviation September 17. I further ask that fol- traffic control functions as a govern- funding. This bill will provide approxi- lowing the prayer and the pledge, the mental responsibility out of a deep mately $1.7 billion in AIP funds, which morning hour be deemed expired, the sense that the safety of our skies is a on an annualized basis would boost AIP Journal of proceedings be approved to basic governmental function. A bipar- funding by $100 million over last year’s date, the time for the two leaders be tisan majority of Senators expressed level. reserved for their use later in the day, serious concerns over the executive To make sure small communities and the Senate then resume consider- branch’s future plans for the manage- continue to be linked to the Nation’s ation of the House message to accom- ment of the air traffic control system, aviation network, the bill also reau- pany S. 3, the partial-birth abortion and we voted to impose restrictions on thorizes the Essential Air Service Pro- ban, with the time until 10:30 a.m. the Administration’s proposal precisely gram, EAS, and Small Community Air equally divided between Senator to avoid the very outcome of the con- Service Development Program. The SANTORUM and Senator BOXER or their ference report. EAS program is a lifeline to our small- designees, provided that when the Sen- Instead of negotiating in good faith est and most isolated communities. ate resumes consideration of the House over how best to guarantee the safety The Small Community Air Service De- message to S. 3 tomorrow, there be 4 of our Nation’s air traffic control sys- velopment Program has helped dozens hours of debate remaining under the tem, the majority acceded to the ad- of communities across the country ex- guidelines of the previous agreement. ministration’s demands that they be pands their air service options. I further ask unanimous consent that given absolute discretion over the fu- Finally, the bill authorizes new secu- at 10:30 a.m. tomorrow, the Senate pro- ture of aviation safety. My short-term rity initiatives. Although we have ceed to the consideration of H.R. 2691, reauthorization bill includes language made dramatic improvements in avia- the Interior appropriations bill. that enhances the safety of our Na- tion security over the last 20 months, The PRESIDING OFFICER. Without tion’s air traffic control while giving improving aviation security is a con- objection, it is so ordered. the executive branch an appropriate tinuous process. This bill is another f level of flexibility to manage the sys- step in this process. The bill addresses tem. The United States operates the the development and implementation PROGRAM most complex aviation system in the of the Computer Assisted Passenger Mr. BROWNBACK. For the informa- world, and we must have in place a dy- Profiling Program, CAPPS, II, which tion of all Senators, tomorrow the Sen- namic and responsive safety system. I, many Senators are deeply concerned ate will resume debate on the House along with my colleagues, want to con- infringes on civil liberties. My legisla- message to accompany S. 3, the par- tinue to work with the administration tion imposes a variety of safeguards to tial-birth abortion ban, until 10:30 a.m. on making our aviation system the protect citizens’ privacy as CAPPS II is At 10:30 a.m., the Senate will begin safest, most secure, and advanced in deployed. consideration of H.R. 2691, the Interior the world. This bill does not have everything I appropriations bill. It is the majority This legislation reauthorizes funding worked hard to include in the Senate’s leader’s intention to have amendments for FAA programs and operations. Im- multiyear FAA reauthorization. As I offered and debated throughout the day portantly, the bill reauthorizes the AIP stated, the Senate-passed bill was the tomorrow. Rollcall votes, therefore, program, which will allow the Federal result of hard work, compromise, and a will occur throughout the day as well. Government to maintain its invest- commitment to improving the Nation’s Senators will be notified when the first ment in airport infrastructure. Small aviation system. I believe with a little vote is scheduled. airports are especially dependent on more time, we can find a compromise AIP funding to fund capital improve- on the issues holding up the multiyear f ment projects. In addition, the bill in- bill, but in the meantime, the Senate ADJOURNMENT UNTIL 8:30 A.M. cludes provisions that reduce small air- should adopt this short-term reauthor- TOMORROW ports share of AIP projects to 5 per- ization to preserve the integrity of the cent. The bill also allows small air- aviation system. Mr. BROWNBACK. Mr. President, if ports to maintain their eligibility for f there is no further business to come be- AIP entitlement funds if decreased fore the Senate, I ask unanimous con- traffic due to September 11 resulted in ORDERS FOR WEDNESDAY, sent that the Senate stand in adjourn- these airports falling below FAA-re- SEPTEMBER 17, 2003 ment under the previous order. quired passenger benchmarks. Mr. BROWNBACK. Mr. President, I There being no objection, the Senate, Congress should not hold up these ask unanimous consent that when the at 8:30 p.m., adjourned until Wednes- critical funds over disagreements on Senate completes its business today, it day, September 17, 2003, at 8:30 a.m.

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