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

Vol. 149 WASHINGTON, FRIDAY, AUGUST 1, 2003 No. 117 House of Representatives The House was not in session today. Its next meeting will be held on Wednesday, September 3, 2003, at 2 p.m. Senate FRIDAY, AUGUST 1, 2003

(Legislative day of Monday, July 21, 2003)

The Senate met at 9:30 a.m., on the SCHEDULE at about this time—in fact, exactly expiration of the recess, and was called Mr. FRIST. Mr. President, this morn- this time—the odds of completing this to order by the President pro tempore ing the Senate will be in a period for bill, in most people’s minds, was very (Mr. STEVENS). morning business in order that Sen- narrow. Yet both sides of the aisle ators may speak and have an oppor- working together developed an ap- PRAYER tunity to introduce legislation. There proach with which I think everybody is The Chaplain, Dr. Barry C. Black, of- will be no rollcall votes during today’s pleased. It is the important next step fered the following prayer: session. When the Senate completes its in developing a bill that I am confident Let us pray. business today, we will adjourn for the the President will be able to sign short- Eternal Lord God, who is the ‘‘Rock August break. of Ages,’’ You are our shield, and we Today, in addition to Member state- ly after we deliver it to him as a final find refuge in You. Listen to the music ments, it would be my hope that we package. of our hearts and hear our praise to can continue to clear other legislative Today, in terms of the schedule for You. Today we thank You for help and and executive items for Senate consid- September, I will come back to make eration. We were here late last night healing. We refuse to take our bor- some comments about the schedule. rowed heartbeats for granted. Thank and had a full week, and indeed have had a very productive 4 weeks since the For the next 4 weeks, people will have You for giving us a lifetime of favor, the opportunity to go back and be with for inspiring us during nights of uncer- July 4 recess. constituents and families and hopefully tainty. Sustain our national leaders as I thank all of our Members for their they face critical challenges. May they cooperation in addressing what was a take some period as a true vacation. healthy agenda set out by me after the find satisfaction and peace only by We are going to have a very chal- last recess. I obviously am very pleased doing Your will. Now, Lord, during the lenging and again very productive Sep- in that we accomplished every one of recess, go before us, with us, around us, tember when we come back. the goals we set out at the beginning 4 and within us, for we pray in Your weeks ago. In particular, I commend As a reminder, the next rollcall vote strong name. Amen. Chairman DOMENICI for his really re- will occur Wednesday, September 3, f markable efforts over the course of the and in all likelihood, although I will last several weeks and ultimate success PLEDGE OF ALLEGIANCE have more to say about that later in passing the Energy bill through the today, that vote will occur on Wednes- The PRESIDENT pro tempore led the Senate. That will be conferenced with day morning. I am hopeful people will Pledge of Allegiance as follows: the already-passed bill in the House. I be coming back, if they are not in I pledge allegiance to the Flag of the am confident we will see a comprehen- Washington, on that Tuesday and be United States of America and to the Repub- sive national energy policy for the first lic for which it stands, one nation under God, time in a long period of time because of ready to go. We will be in session that indivisible, with liberty and justice for all. the hard work of this body over the Tuesday. We will introduce a bill that f last several weeks, in particular over I will talk about later today and then the last week. be voting on Wednesday. RECOGNITION OF THE MAJORITY We had a lot of obstacles put before LEADER Again, I will come back later with re- us in many different shapes and forms gard to some comments about the past The PRESIDENT pro tempore. The on this particular legislation, and in- 4 weeks. majority leader is recognized. deed as recently as yesterday morning,

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

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VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10874 CONGRESSIONAL RECORD — SENATE August 1, 2003 CONDITIONAL ADJOURNMENT OR America that the Hope family made marriage of 69 years to his beloved Do- RECESS OF THE SENATE AND that journey. lores. HOUSE Growing up, Bob Hope was a shoe I wanna tell ya’: Bob Hope is a giant Mr. FRIST. Mr. President, I ask shine boy, a butcher’s mate, stockboy, and a national treasure. We will never newspaper boy, golf caddy, shoe sales- unanimous consent that the Senate forget his service to our country. man, and even a prize fighter. All of proceed to the immediate consider- Thank you for the memories, Mr. these things, before he became what we ation of H. Con. Res. 259, that the Hope. Godspeed. remember him as, one of America’s amendment to the resolution be agreed Mr. MCCONNELL. Mr. President, I most beloved and successful enter- to, that the resolution, as amended, be listened with great interest to the ma- tainers. agreed to, and that a motion to recon- jority leader’s comments about Bob As a performer, Bob Hope had the Hope. I remember the morning after he sider be laid upon the table. rare and miraculous gift of being able The PRESIDENT pro tempore. With- died his daughter was interviewed. She to touch our common humanity. said as the children were coming in and out objection, it is so ordered. His famous road pictures with Bing The amendment (No. 1540) was agreed saying goodbye to him, one of them Crosby and Dorothy Lamour were the asked, Dad, where do you want to be to, as follows: quintessential expressions of the ad- Strike ‘‘when the House adjourns on the buried? He said, ‘‘Surprise me.’’ venture of being an American. He had a one-liner right to the end. legislative day of Friday, July 25, 2003, or But he is most loved, of course, for Saturday, July 26, 2003, on a motion offered the thousands of hours and millions of pursuant to this concurrent resolution by its miles he spent on selfless devotion to f Majority Leader or his designee,’’ and insert: our troops. He traversed 9 million ‘‘when the House adjourns on the legislative ACCOMPLISHMENTS IN THE FIRST day of Tuesday, July 29, 2003,’’. miles, despite a fear of flying, to com- fort and entertain our fighting men SESSION OF THE 108TH CONGRESS The concurrent resolution (H. Con. and women. Mr. MCCONNELL. Mr. President, on Res. 259), as amended, was agreed to, as World War II, South Korea, Vietnam, follows: another subject, I commend the major- from the Far East to Northern Africa, ity leader, before he leaves the floor, H. CON. RES. 259 the Indonesian Peninsula to the heart for his extraordinary leadership this Resolved by the House of Representatives (the of Europe, in jungles and refugee year. We have truly had an outstanding Senate concurring), That, in consonance with camps, Air Force bases, Navy ships, section 132(a) of the Legislative Reorganiza- 6 months. I am totally confident it forward bases, and demilitarized zones, would not have happened but for his tion Act of 1946, when the House adjourns on Bob Hope went wherever we needed the legislative day of Tuesday, July 29, 2003, nurturing of all Members and moving it stand adjourned until 2 p.m. on Wednes- him, and he conveyed to our troops the us in the right direction, dealing with day, September 3, 2003, or until the time of commitment and love of the American the myriad complaints and concerns any reassembly pursuant to section 2 of this people. that arise from Members on both sides concurrent resolution, whichever occurs The front rows would be filled with of the aisle during the course of trying first; and that when the Senate recesses or soldiers injured in battle, limbs blown to move legislation forward. adjourns on any day from Friday, July 25, off, bodies wrapped in bandages and he 2003, through Monday, August 4, 2003, on a As he goes into the August recess, he would manage to make them laugh. should feel very good about accom- motion offered pursuant to this concurrent He was able—for those moments plishments so far this year. resolution by its Majority Leader or his des- while he was onstage giving his best to The accomplishments of this Senate ignee, it stand recessed or adjourned until our best—to lift those young men and noon on Tuesday, September 2, 2003, or at women out of their war torn bodies and in the first session of this 108th Con- such other time on that day as may be speci- gress would be considered remarkable fied by its Majority Leader or his designee in help them forget the fatigue, fear and loneliness of battle. in any historical comparison. But the motion to recess or adjourn, or until the given that our President is in the sec- time of any reassembly pursuant to section 2 Time magazine wrote in 1943 that of this concurrent resolution, whichever oc- ‘‘Hope was funny, treating hoards of ond half of his term and the slender curs first. soldiers to roars of laughter. He was majority that his party holds in the SEC. 2. The Speaker of the House and the friendly—ate with servicemen, drank Senate, the record of accomplishments Majority Leader of the Senate, or their re- with them, read their doggerel, lis- is nothing short of extraordinary. spective designees, acting jointly after con- tened to their songs. He was indefati- These actions have substantially im- sultation with the Minority Leader of the proved our homeland security, our na- House and the Minority Leader of the Sen- gable, running himself ragged with five, six, seven shows a day. . . . Hence tional security, our economic security, ate, shall notify the Members of the House and the health and retirement security and the Senate, respectively, to reassemble boys whom Hope might entertain for at such place and time as they may des- an hour awaited him for weeks. And of our seniors. We have compensated ignate whenever, in their opinion, the public when he came, anonymous guys who for the budgetary and appropriations interest shall warrant it. had no other recognition felt person- shortfalls of last year and are on path f ally remembered.’’ to complete our appropriations for the coming year in good order. TRIBUTE TO BOB HOPE Hope narrowly escaped an attempt on his life when his hotel in Vietnam was In the last 2 months alone, this Sen- Mr. FRIST. Mr. President, I take this bombed by enemy forces. He was wait- ate has taken the historic step of pass- opportunity to pay tribute to one of ing at the airport for his cue cards to ing legislation to add a prescription America’s greatest performers, Mr. Bob be unloaded from the plane, and the drug benefit for our seniors in the Hope, somebody who has changed all of delay literally saved him. You could Medicare program while imposing our lives in very special and individual say it was the only occasion he didn’t much needed market-based reforms. ways. As we all know, he died last Sun- have perfect timing, and thank good- Almost 40 years after the programs cre- day night of pneumonia, with his fam- ness. ation, and after years of unfulfilled ily at his bedside. Bob Hope’s dear friend, legendary promises, the Senate is poised to com- The family plans an August 27 mass golfer and Hall of Famer, Arnold Palm- plete final action when it returns in in Los Angeles, and a public memorial er, said today that he believes the rea- September. later that afternoon at the Academy of son why Bob Hope lived so long was be- In the last 2 months, this Senate has Television Arts and Sciences. Today, I cause he was fundamentally happy and passed both the defense authorization wish to remember, in this humble doing what he loved. May we all be so and defense appropriations bills to body, Mr. Hope’s profound contribu- blessed. keep our military strong and ready. tions to American life. Albert Einstein said, ‘‘Try not to be- In the last 2 months, the Senate has Bob Hope was born one of six boys in come a man of success, but, rather, to passed the Federal Aviation Adminis- a London suburb on May 29, 1903. His become a man of value.’’ Bob Hope tration reauthorization to revitalize an family made their way to America managed to become both. air transport industry suffering from when he was three, and they settled in Four stars on the Walk of Fame—one the effects of the terrorist attack of Cleveland, OH. What a blessing for for each child, a legendarily happy 9/11.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10875 The Senate has passed appropriation Energy bill that we passed here last Energy Committee staff, the cloak- bills for the legislative branch, mili- night. As I just did personally, let me room staff, and Senator DASCHLE’s tary construction, and homeland secu- congratulate the majority leader on staff, for the hard work they put in get- rity, with 8 others ready for floor ac- the decision he and the minority lead- ting us to this point on the energy leg- tion upon our return in September. er, Senator DASCHLE, made to move islation: On the Democratic committee After 42 days of consideration during ahead and take the bill that was devel- staff of the Energy Committee: Bob the past 2 years, the Senate has passed oped and had strong bipartisan support Simon, Sam Fowler, Vicki Thorne, an energy bill. in the previous Congress and send that Patty Beneke, Mike Connor, Leon Low- After more than a decade of repres- to the conference with the House as the ery, Deborah Estes, Jennifer Michael, sion, the Senate has passed the Bur- democratically passed bill. Bill Wicker, Jonathan Black, Jonathan mese Freedom and Democracy Act. I think that was the right decision. Epstein, Malini Sekhar, Poonum And to ensure funding of any disas- That bill, as many have said, had a Agrawal, Amanda Goldman, Shelley ters that may arise prior to the Con- strong majority in the previous Con- Brown, and Rosemarie Calabro. gress’ return in September, the Senate gress. I think there were 88 Senators The Democratic cloakroom staff, of has enacted an emergency supple- voting for it. There were nearly that course, is essential to all the progress mental for FEMA funding. many voting for it last night when it, we make here in the Senate. I want to Looking to the earlier part of the once again, passed the Senate. I think acknowledge them: Marty Paone, Lula year, the Senate, extended unemploy- that does allow us to move to the next Davis, Nancy Iacomini, Tim Mitchell, ment benefits to those who need it— stage of the process of actually writing Tricia Engle, Bret Wincup, Eric twice; passed the 11 unfinished spend- a comprehensive Energy bill. Pederson, Joe Lapia, Ben Vaughan. ing bills from the last Congress; funded I, like many of my colleagues on the I thank all of them and also Senator Operation Iraqi Freedom; initiated the Democratic side, strongly support en- DASCHLE’s excellent staff that is essen- protection of Homeland by confirming acting a comprehensive bill. We have tial to all progress, as well, here in the the nomination of the first Secretary worked very hard to do that in the pre- Senate: Mark Childress, Jonathan Leh- of the Department of Homeland Secu- vious Congress. We worked hard to do man, Peter Umhofer, Mark Patterson, rity; maintained fiscal discipline by that in this Congress, and to assist the and Michele Ballentine. passing the Federal budget which the majority in the development of the I think the result we achieved re- Senate failed to do last year; enacted bill. garding energy was a good one. We now I believe strongly that the amend- the President’s plans to create jobs and have a lot of work to do this fall when ments that were offered to the bill that stimulate the economy; banned the we return on the conference. I look for- my colleague, Senator DOMENICI, horrific practice of partial birth abor- ward to that. I am confident we can brought to the floor were constructive tion; passed the President’s faith-based succeed in passing a good, bipartisan amendments, were intended to improve initiative; funded the effort to eradi- bill. I hope that will be the result. the bill, were intended to get us in a cate the scourge of global AIDs; acted I yield the floor and suggest the ab- better position to serve the needs of to guard our children against abduc- sence of a quorum. the country as far as energy is con- tion and exploitation by passing the The PRESIDENT pro tempore. The cerned over the next years and decades. PROTECT Act; improved safeguards clerk will call the roll. from foreign terrorists by enacting the I think this result is a good one. Like all successful results in Congress, no- The legislative clerk proceeded to FISA bill; expanded of NATO to include call the roll. most of the former Warsaw Pact coun- body won everything; nobody lost ev- erything. There were wins and losses Mr. NELSON of Florida. Mr. Presi- tries; passed a significant arms reduc- dent, I ask unanimous consent the tion treaty with enemy turned ally, on both sides. I think that is the na- ture of compromise. But the end result order for the quorum call be rescinded. Russia; taken steps to bridge the dig- The PRESIDING OFFICER (Mr. ital divided by providing needed funds is the American people will win. We will be able to go to conference now SUNUNU). Without objection, it is so or- to historically black colleges; affirmed dered. the constitutionality of using the term and hopefully develop an Energy bill f ‘‘under God’’ in the Pledge of Alle- that will continue to enjoy strong bi- giance; awarded a Congressional Gold partisan support. SUPPLEMENTAL APPROPRIATIONS That is a challenge, as I see it. We Medal to Prime Minister Tony Blair; have come a long way in a bipartisan Mr. NELSON of Florida. Mr. Presi- and provided tax equity to men and way. We have had disagreements about dent, we have passed the supplemental women in our Nation’s Armed Forces. appropriations bill. Because of the This is a record all Senators can be particular provisions of the bill, but by and large we have been willing to re- lateness of the hour last evening, and particularly proud of. There is much the fact that the House had already ad- yet to be done, but we have had an ex- solve those differences and come up with something that makes good sense journed, having sent an emergency traordinary first half of the year. Mem- spending bill to us that basically in- bers of the Senate can go back to their for the country. That same process needs to continue in the conference. I cluded disaster relief money to FEMA, States with a good feeling they have am confident it will. almost $1 billion, we were left with a made great progress for our people. Again, my colleague Senator DOMEN- choice of having to take it or leave it. I yield the floor. ICI will chair that conference. We had It certainly was necessary for funding f some disagreement in the previous for FEMA for all kinds of emergencies. RESERVATION OF LEADER TIME Congress as to whether the Senate or But, unfortunately, we did not have the opportunity to amend the bill to The PRESIDENT pro tempore. Under House chairman should be the chair of add additional items of very necessary the previous order, the leadership time the conference. We concluded that, funding. is reserved. based on precedent and all, in the 107th Congress the House was entitled to One of those is the ongoing investiga- f that position. But it is obvious now tion into what happened to the Space MORNING BUSINESS that in this Congress the Senate is en- Shuttle Columbia. This commission was The PRESIDENT pro tempore. Under titled to that position. Senator DOMEN- established by NASA and headed by re- the previous order, the Senate will ICI will chair the conference. I hope to tired Navy Admiral Gayman. I have begin a period of morning business be on the conference once the conferees personally visited with them several with Senators permitted to speak are named, and I look forward to work- times, and I am quite impressed with therein for up to 10 minutes. ing with him and with all the other the professionalism of the individual The Senator from New Mexico. members on the conference to try to members of the Columbia commission. f ensure that we come up with a good Certainly I am impressed with the bill that meets our long-term energy professionalism and the dedication of ENERGY POLICY needs. Admiral Gayman as we anticipate the Mr. BINGAMAN. Mr. President, let Let me, before I yield the floor, just forthcoming report about what hap- me speak very briefly in regard to the take a moment to thank the staff, the pened to the space shuttle. What was

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10876 CONGRESSIONAL RECORD — SENATE August 1, 2003 the cause? What is the fix? I think we done an EVA—that is an acronym for happened, and it caused the destruc- can anticipate we are going to see space walk—from Columbia in orbit. tion of the Space Shuttle Challenger. them go much deeper into the organi- The ingenuity of NASA in a time of There is a logical reason why it was zation of NASA itself as to what can be peril is just incredible. What that space destroyed, but there is also a culture improved. I want to talk about that for team, that space family can do to fig- reason why it was destroyed. That cul- a minute. ure out how to take care of problems ture was a lack of communication. It Let me get to the point about my and how to meet emergencies is incred- was a culture in NASA that did not en- coming to the floor so I can address ible. courage communication, that was al- this issue. They did not get the money Let us not forget Apollo 13. On the most intimidation if you dared chal- appropriated which they need to con- way to the Moon, the major engines ex- lenge the authority. tinue the investigation. The only place ploded. They were losing oxygen. They When you are dealing in a research conceivably they could get it is to take were losing air pressure. That team and development agency that is as it right out of the hide of NASA. Of went into emergency mode and they good as NASA is, you can only expect course, NASA has been starved over figured out how to get those three the very best flow of information in all the last 10 years, which is part of the Apollo astronauts back into the lunar directions. reason we got to this point in the first lander. Then they figured out how to So I am looking forward to Admiral place. Safety was not given the pri- use the motor of the lunar lander. As Gayman’s commission report, which I ority it should have been given. Often the gravity of the Moon caught them think will be very helpful as we try to safety is a reflection of where the re- and pulled them behind the Moon, they get this problem fixed and get flying sources—the money—is going. Thus, used that motor to kick them out of again so we can get on with America’s over that decade, right up until re- lunar orbit onto a trajectory back to space program. Once we address all cently, NASA was starved of funds and, Earth. All reasonable people thought these culture issues, it is going to be therefore, they were taking money out we were going to have three dead astro- the responsibility of this Congress to of space shuttle safety upgrades and nauts. Yet the NASA team, the NASA help NASA develop a new goal, a new putting it into other areas. That is one family, even the astronaut who had vision, a new mission, that will ignite of the problems I think the Gayman been bumped from the flight because again the imagination of the American commission will identify as their re- he had been exposed to the measles—he people. port comes forward. was on the ground—could go into the I think in large part that is going to But the supplemental appropriations simulator and work it real time—fig- be either us going back to the moon bill that we passed last night did not ured out how to bring them back. That with a lunar colony and/or the next provide the appropriation of $50 million team, headed by astronaut Jim Lovell, major bold step of sending an inter- for the Gayman commission when, in who was in the spacecraft, came back national team from planet Earth to fact, it is ongoing and it will be report- home. They came back home safely. It planet Mars. That will be an exciting ing. was an incredible time. It is just an- day. The long and short of it is that when other example of the ingenuity and the In the meantime, however, we have we come back in session in September, high-pressure decisionmaking that to do what we did not do last night. We that is one of the items we will have to NASA’s family and its team is capable have to fund the investigation as to the address immediately. I think the will is of doing. destruction of Columbia. We have to clearly here in the Senate. From talk- Had they known that a hole was fund that commission, and not out of ing to the leadership on both sides of blown into the leading edge of the left the hide of NASA, so that those NASA the aisle, I think the will is clearly wing of the Space Shuttle Columbia moneys are not taken away from up- here, and that is an item that we will this past February, they, too, would grades in safety. Instead, we have to have to attend to. have been able to figure out something fund that as we had promised we would Let me say a couple of words about that they could do in a space walk to fund it. the investigation and what I think stuff it in. That may not have saved Mr. President, there was another pro- they might find. Clearly, the dramatic them but we could have tried. gram we did not fund last night. It is evidence they have is that this piece of I think the Gayman report will dis- clearly the majority opinion in this foam that covered one of the support cuss these issues. But I think the Senate that we want to fund structures for the strut that attaches Gayman report is also going to discuss AmeriCorps, that we want to continue to the orbiter came off after launch some additional points. to have young people have a financial during the ascent. It came off at such It has been well reported in the press incentive to help out their country, a rate and velocity, hitting the leading that you can expect they are going to just like we do in the Peace Corps. edge of the wing—that reinforced car- talk about the lack of communication We have been down to only 7,500 peo- bon—that it just blew a hole in it. Yet and the culture of NASA that discour- ple in the Peace Corps. We need to at when the space shuttle got into orbit ages communication from the bottom least get that up to 25,000. I have had many engineers in the space agency up. That is a culture that leads to in- foreign leaders over the course of the were saying we ought to take photo- timidation of people coming forth into last two and a half decades tell me the graphs of it. That was denied. The ca- the open—a culture in which the man- Peace Corps is one of the best things pability of those high resolution photo- agers are not encouraging that infor- America has going for it in our foreign graphs is well known, well established, mation. It is kind of like water. It is relations. and well reported in the press. That very easy for water to flow from the Also, young people who want to help would have shown the breach. The top down, but it is very difficult for their country, but not necessarily to do breach was estimated to be probably a water to flow from the bottom up. You so abroad, ought to be able to do so at half foot. With that kind of photog- have to encourage that communication home. But, instead, what do we see? raphy available, NASA managers would for it to occur. The House of Representatives cutting have been able to clearly see it. Interestingly, this same kind of prob- AmeriCorps. Then the question is, What would you lem occurred 17 years ago in the de- So one of the things we wanted to do do about it? They had the capability struction of the Space Shuttle Chal- last night was to add to the emergency because we had another space shuttle lenger. There were engineers in Provo, supplemental appropriations bill an ad- already stacked. It was back in the ve- UT, at Morton Thiokol begging their ditional amount of money so hicle assembly building. It could have management the night before to stop AmeriCorps could stay at least at its been processed; it could have been done the countdown on the Space Shuttle present level so it was not cut. That double time. They could have rolled it Challenger because they feared the cold was not done. I am sad it was not done. out to the pad. Unless there was a weather was going to stiffen those rub- In the judgment of this Senator, that major hitch, they could have launched berized gaskets called O-rings which clearly was not in the best interests of it. They could have gotten this would on launch allow the hot gases to the country. launched as a rescue shuttle in time. come through the joints of the solid Indeed, I would like to see a day in Another option was they could have rocket boosters, which is exactly what which every young person in America

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10877 would have an obligation to their coun- ASSOCIATION HEALTH PLANS with insurance companies nationally; try for 1 or 2 years. And that obligation Mr. TALENT. Mr. President, it is my they may have a self-insured side. Then could be their choice of national serv- pleasure to speak to the Senate today their employees all over the country ice. They could go into the military. about a subject on which I have risen can enjoy an option in different plans They could go into the Peace Corps. to speak before, a very important piece as part of pools of 5 or 10 or 20 or 30,000 They could go into AmeriCorps; part of of legislation that I think has the po- people. The administrative costs of that, the Job Corps. They could go in tential to solve what is probably the such plans are much lower because as teachers’ aides. They could do innu- No. 1 problem that small they are spread across a much wider merable tasks and, in return, have businesspeople and their employees base of employees. They have much some financial incentives for their own confront today. I am talking about the greater purchasing power and negoti- education, something akin to what we bill which I have cosponsored along ating power when dealing with the big insurance companies. They have the did after the Great War, the GI Bill, with Senator SNOWE, who is the chair- where soldiers could come back and go man of the Small Business Committee, competitive possibilities of self-insur- to school. and others. It is a bill to allow small ance. So insurance is better in that sit- The politics is not right for that. It businesspeople to create association uation and it costs less. It doesn’t mean they don’t have prob- would be costly. But that is a goal I health plans. think we ought to work toward. In- This bill is not a Government pro- lems, but you are a lot better off there stead, what we are doing is exactly the gram. In a time of great deficits, it than you would be and are right now if opposite by cutting AmeriCorps. does not require us to spend any you are struggling as a small business owner or the employee of a small busi- f money. It is going to take a long step toward solving the problems of the un- ness. LIBERIA Of the 44 million people uninsured in insured, reducing the number of the the country, about two-thirds either Mr. NELSON of Florida. Mr. Presi- uninsured, and getting working people own a small business or work for a dent, I was looking forward to going better health insurance at less cost. It small business or are dependents of right now to a classified briefing on Li- does not cost the taxpayers anything somebody who owns or works for a beria as part of our Senate Armed because all it does is allow people to Services Committee. It is my under- small business. I am including farmers. work together and do for themselves, standing that briefing has been can- Then there are tens of millions of other as small businesspeople and employees celed because they feel too many of the people who may have health insurance of small businesses, what big compa- Senators have already gone back to through a small business, but it is nies and employees of big companies their States. I am going to still see if bare-bones health insurance. It is not can already do. what it should be because the costs are we can get that information for those Most people in the United States who so high, and they are going up every of us on the Armed Services Committee have health insurance are a part of a year. who are still here. big national pool—almost everybody is. But as we look at Liberia, we cannot There is a human side to this. Sen- You are either in Medicaid or Medicare keep delaying decisionmaking. I think ators who have not done this—I imag- putting the marines on the boats off- or the Federal Employees Health Bene- ine most Senators have—go out and shore is clearly a step in the right di- fits Plan or covered by a labor union talk to people who work in small busi- rection, but this should have been done plan or a multi-employer plan with a nesses or run small businesses. I guar- a couple of weeks ago. Although it labor union or you work for a big com- antee you, they will tell you the No. 1 wasn’t, the marines are in transit, and pany. If you are in any of those situa- problem they are confronting, short that is a step in the right direction. tions, you are covered by health insur- and long term, is the rising cost of What do we need to do? I think it is ance, and it is health insurance where health insurance and increasing un- clearly in the interest of the United you are a part of a big national pool. availability. This hits people where States that we diplomatically—in addi- The only people who are not in that they live. tion to the military action—make sure situation are people who work for We have had too many layoffs in Mis- the cease-fire we are trying to get in small businesses. I define that very souri. We have lost more jobs in Mis- place stays, and to reach out to all broadly. That includes farmers. It in- souri in a 1-year period than any other sides, including the rebel side. I think cludes people who are self-employed State. There are a lot of bad results they have an interest in having the consultants operating out of their own connected with the layoff, obviously. cease-fire. We need to make sure that home. They are in the small group But I think maybe the first that hits a cease-fire sticks. Then we need to work market. They have to buy insurance. If family when they lose a job or are con- out an arrangement whereby the Afri- they own or run a small business or a cerned about losing a job, particularly can troops come into place. At that farm, they are buying insurance for if it is a family with kids, is: What point, once there is a military presence small groups of people, 5 people or 10 about my health insurance? What do I stabilizing the country, I think we people or 20 people or 25 people. do for that? It is as important as peo- should have a simultaneous evacuation Insurance works better when you ple’s wages. of Taylor with our U.S. Marines com- spread the risk across as large a pool as Folks in the small business sector, ing in with a presence for a short pe- possible. It doesn’t take an advanced employees of people in the small busi- riod of time, with mainly the peace- degree to understand that. All associa- ness sector have labored too long in a keeping burden being put on the tion health plans do—and it is very im- market that does not work. It is domi- ECOWAS or African troops. Clearly, portant what they do—is simply allow nated by a few companies, and they are we, the United States, need to be di- the employees of small businesses to acting more and more like monopo- rectly involved in order to stabilize get the same efficiencies and econo- lists, raising prices higher and higher, that region, with a minimum of in- mies of scale that employees of big providing fewer and fewer services, less volvement of U.S. troops. business already enjoy. All I would do and less quality insurance. We need to It is clearly in our interest that part is allow trade associations—the Farm do something about it. We can do it, if of Africa be stabilized. We are going to Bureau, the NFIB, the Chamber of this Senate will pass association health have to help with it. I think the move- Commerce, the National Restaurant plans. It passed in the House by 100 ment of the marines into that region, Association—to sponsor health insur- votes last month—strong bipartisan albeit on the ships offshore, is a step in ance coverage nationally the same way support. It has passed several years in the right direction. I hope something the human resources side of a big com- a row in the House. The President sup- akin to what I have laid out here will, pany would do. ports it. We in the Senate ought to in fact, be put into place. Let’s take a big company such as pass it. So thank you, Mr. President, for the Emerson Electric, a great company in I fought on the floor of the Senate for opportunity to share these thoughts. I Missouri, or Sprint, or Anheuser it. I will continue to do so. It is a great yield the floor. Busch, all headquartered there. They bill. We have great sponsors. We will The PRESIDING OFFICER. The Sen- have a human resources side, an em- take up the debate again in the fall. I ator from Missouri. ployee benefits side. They contract am very hopeful we can pass it.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10878 CONGRESSIONAL RECORD — SENATE August 1, 2003 It is no secret—and Senators know nesses. I have brought up this charge of stantial premium increases that had this because I have been talking to cherry picking. I say to people: If you occurred the year before. Her pre- them and I know how strongly they are had a history of medical problems and miums had gone up 35 percent over 2 being lobbied on both sides, lobbied in you had a choice of working for a big years. opposition to association health company which provides health insur- This is not an uncommon story. Ev- plans—who is at the core of the lob- ance the way an association health erywhere I go, small businesses say bying effort against association health plan would or, on the other hand, work- that premiums are going up 15, 20, 25 plans. It is the Blue Cross Insurance ing for a small company which is percent a year, doubling over 3 years, Company. It is no secret why. Blue trapped in this small group market and going up by a third over 2 years. That Cross is dominant in many States. It is that was all you knew about the two happened to Janet Poppen, and she is one of the few big insurance companies opportunities—big company, national insured by Blue Cross. They are the in almost every State that currently pool; small company, small group mar- ones cherry-picking. Association provide health insurance to small busi- ket—and you were sick, for which one health plans are the remedy, and to say nesses. They have a big stake in not would you want to work? I have never otherwise is the exact opposite of the having association health plans enter had a single person say: I want to work truth. the market to compete. It would be a for the small business; I think I am One other point, and then I will huge competitive force. It would take going to get better health insurance close. I have trespassed on the Senate’s business away from them or cause there. time enough. We ought not to turn this them to lower their prices in order to One of the big competitive advan- debate, which is one of the most impor- keep the business. tages big businesses have over small tant ones we are going to have in the I don’t begrudge them or anybody businesses is that generally they offer Senate, into a sweepstakes. Blue Cross else their opportunities or rights to better health insurance. Everybody in is doing that. They have sponsored a lobby on legislation that comes before the job market knows it. I have had a Web site. There are other problems as this Senate. They have lobbied. They lot of small business people tell me: We well, but on that Web site they have a spent $4.3 million last year on lobby- have lost employees to big companies sweepstakes. You can enter the sweep- ists. I don’t know how much of that on the health insurance issue. We have stakes to win a trip to Washington for was spent on association health plans. not been able to hire people we want to four people, and they will give you $300 We do know this is the No. 1 priority because they went to work for a big cash on top of it. Do you know what for that company—to stop this bill. We company because they thought they you have to do to enter the sweep- can all infer why. I don’t begrudge would get better health insurance. stakes? You have to click on the place them that. But the debate ought to be I don’t begrudge the larger compa- where you can send an e-mail to your done honestly, and it ought to be done nies. But why should small businesses Congressman and Senator opposing as- within the limits of fair play. That is and their employees not have the same sociation health plans. Then you get in not happening. I want the Senate to opportunities? This will benefit every- the sweepstakes. Then you get a know about it. body in the small business market, but chance to win a trip to Washington—if First, I said it is not being done with- it is going to benefit most the people you will just click on the e-mail and in the limits of honesty. The No. 1 who are ill, or employers who are send a letter to Washington opposing charge being brought against associa- struggling along with people who are association health plans. You don’t get tion health plans is not only not true, ill and are doing the best they can to anything if you send in a letter sup- it is exactly the inversion of the truth. provide good health insurance. porting association health plans. I will It is exactly the opposite of the truth. Here is another reason it is not asso- show the Senate where it says enter to If you want to fool somebody, tell them ciation health plans that will cherry- win. something that not only isn’t true but pick. The legislation requires that they Here is a chart, and this is the Web is the opposite of the truth. Try and take everybody, all comers. Must offer/ site now. It says that you can make sell them on that. must carry. Join the association and your voice heard by sending a free fax The No. 1 charge against association you get the health insurance. They to Congress. That is what they tell peo- health plans is that they would result cannot screen you out because you ple. They don’t tell you what the fax is in cherry picking; that is, that small have somebody who has cancer or heart about, that the fax has to oppose asso- businesses that are healthy would want disease or something like that. ciation health plans and support their to go into the association health plans; Mr. President, it is the big interest business interests. Then they have small businesses with employees who companies now who are cherry-picking. some misrepresentations about asso- are sick would not want to go into as- Just talk to people who run small busi- ciation health plans. sociation health plans. That is the nesses. When somebody in their busi- Go to the third chart. This is what exact opposite of the truth. I think ev- ness gets sick and files a claim, their you get if you do it. At least you have erybody who currently is trapped in rates get jacked up or they get can- a chance at this. It is a drawing. The the small group market is going to celed. Everybody knows it. I could give grand prize is a trip for four to Wash- want to be a part of an association a lot of examples. One example is Janet ington, DC, including round-trip coach health plan. Who would not want to get Poppen, a small business owner from class air transportation at the U.S. air- insurance through a big national pool St. Louis. Like many small business port nearest the winner’s home, double as opposed to a small group of 5 or 10 owners, she wants to do right by her occupancy, standard hotel accommoda- people, if you could do it? It is simply five employees, so she tries to provide tions, two rooms, a 4-hour Washington, economics. It operates more effi- them health insurance. How many DC, bus tour, shuttle bus airport trans- ciently. It operates better. It is going hours and hours does Janet and people fers, and a total of $300 in spending to lower costs for everybody. By our es- like her spend just on the administra- money. It has an approximate retail timates, it will lower costs for small tive details? It is hours they need to value of $4,000. business, on average, 10 to 20 percent spend running their small business. All you have to do is join Blue Cross, and reduce the number of uninsured by If we had an association health plan, sending in an e-mail opposing the asso- millions. It will provide good quality they would join the trade association, ciation health plans. You don’t get to health insurance to others who right and the trade association has done all join if you decide you want to support now are laboring with bare-bones in- that work. It just sends them the pa- them. You don’t get a chance at the surance because the market is so dif- pers and they sign up their employees. sweepstakes then. ficult. Everybody is going to benefit. She had health insurance through Blue I always encourage people to contact The people who will benefit especially Cross/Blue Shield, and one of her em- their Congressmen and Senators. I like are people who are trapped in small ployees had the temerity to get sick it when people contact me, even if they groups where somebody has become with non-Hodgkins lymphoma. As soon disagree with me on something. That sick. as she started getting treatment for gives me a chance to write back and I have talked about this subject and the cancer, Janet’s premiums increased explain my position. I have had great toured scores and scores of small busi- by 16 percent. That is on top of the sub- exchanges with constituents that way.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10879 But we ought not to give people a mon- gine plane—at night. That might strike the United States and the Republic of etary incentive one way or another be- some people as foolhardy but the thing the Marshall Islands (RMI) and the cause that means the opinions we are about Bob was that he had so much Federated States of Micronesia, FSM. I getting are not unnecessarily unbiased, confidence, so much skill, and so much have been monitoring this process very are they? courage, he inspired it in others. closely since negotiations began in I don’t blame anybody who wants a Bob did well in life. He lived in Mor- 1999. shot at a $4,000 trip and participates in ristown, NJ, and had homes in Nan- When the Senate returns after Labor a sweepstakes in order to get it. But I tucket, Vermont, and Florida, and lots Day, we have a very short window to sure blame the people who have spon- of friends in many places. Yet, he was enact this legislation, which is critical sored that Web site and are distorting about as unassuming as someone can to the success of the U.S. political rela- the debate on this serious issue before be. tionship with these two Pacific Island the Senate. And this is a serious issue. But more important, Bob did so nations. I want to take some time to There are millions and millions of much good in life, too. When Bob’s share with my colleagues the amend- people in this country who don’t have brother and sister-in-law were killed in ments that I intend to offer to ensure health insurance and who need it. Most a plane crash, Bob and his wonderful that the negotiated provisions remain of them are stuck in a market that wife Elaine, with their three daugh- consistent with the intent of the Com- isn’t working and is dominated by a ters—Trisha, Laurie, and Jill—helped pact of Free Association since its en- few competitors, and we have a chance raise his brother’s children, Jeannie, actment in 1986 and address specific to change that. It doesn’t even cost the Ken, and Larry, as their own. issues as they relate to the costs borne taxpayers anything. I hope we can do I think we grow or shrink in direct by the State of Hawaii over the past 17 it. They have done it in the House with proportion to our generosity. Bob was years. a bipartisan vote. I hope we can do it in the most generous person I have ever My interest in these islands first the Senate. At the very least, we need met and everyone who knew him would began when I was stationed there in a debate that is conducted honestly, say that it was apparent in everything World War II, as a soldier in the United conducted fairly, and that doesn’t turn he did. It was a rare privilege to know States Army. The first island that I health care into a sweepstakes. I hope him and I was proud to call him my landed on was Enewetak, an atoll in after this we will have it. friend. what is now the RMI. I ended up on I yield the floor. Bob was devoted to his family and Saipan and Tinian where I watched the The PRESIDING OFFICER. The Sen- friends, his business and community, Enola Gay take off for Hiroshima. I ator from New Jersey is recognized. and our country. He was a veteran, a then returned to the islands that are f philanthropist, and an adventurer. now the FSM and RMI as a first mate Above all, he was an extraordinary on a missionary ship and spent six TRIBUTE TO ROBERT S. WINER human being. months in the islands. After being Mr. LAUTENBERG. Mr. President, I In 1899, Robert Ingerson, a known es- elected to Congress, I continued to rise to express a personal note of grief sayist who lost a brother, wrote these closely follow events in the Pacific is- and fond remembrance as I pay tribute words which I think provide a fitting lands and continued my relationships to one of my dearest friends, Bob tribute to Bob, who was like a brother with many of the families in the RMI Winer, who passed away on July 18. to me: and FSM. Bob was born in Brooklyn, NY, He added to the sum of human joy; and As a member of the Senate, I have moved to New Jersey, and joined the were everyone to whom he did some loving been privileged to serve on the Senate Navy when he was 17 and proudly service to bring a blossom to his grave, he Energy Committee which has jurisdic- served in the Pacific during World War would sleep tonight beneath a wilderness of tion over insular areas. I have returned II. flowers. to the islands on trips, often with my After the war, he joined his two Few people on this earth have done friend and former colleague, the former brothers in a clothing manufacturing more than Bob Winer to ‘‘add to the Chairman of the Energy Committee, business begun by their father many sum of human joy.’’ So, while we grieve Governor Frank Murkowski, and I have years earlier. The company, Winer In- his death and hold him and his family continued to meet with Pacific island dustries, was located in Paterson, NJ, in our prayers, it’s also appropriate to government leaders. where I was born. celebrate his life, a life so richly lived. I have been very interested in the ne- I first met Bob when I called upon He will be sorely missed by family gotiations which have been ongoing him to use my company—ADP—to han- and friends, and in my life, a tear will since 1999, not only because of the im- dle his payroll and other data proc- fall every time I think of him. pact of the Compact of Free Associa- essing needs. He became a client and a I yield the floor. tion on the State of Hawaii, but be- good friend almost immediately; our The PRESIDING OFFICER. The Sen- cause of my interest in ensuring that friendship grew and grew over the next ator from Hawaii. the United States preserves its com- 40 years. Mr. AKAKA. Mr. President, I ask mitment first under the U.N. Trustee- Bob truly was larger than life. We unanimous consent that I be permitted ship agreement and then under the shared common interests like skiing, to speak for up to 30 minutes in morn- Compact to establish sovereign govern- boating, and feasting. Bob had a zest ing business. ments and to promote economic devel- for living that few could match. He The PRESIDING OFFICER. Without opment and self-sufficiency. traveled extensively. He enjoyed spear- objection, it is so ordered. I commend the chairman and ranking fishing, often surrounded by sharks and f member of the Energy Committee, barracuda, and taught his children and Senator DOMENICI and Senator BINGA- COMPACT OF FREE ASSOCIATION his friends to be comfortable in that MAN, for their efforts to expedite con- environment. He owned airplanes and WITH THE FEDERATED STATES sideration of this legislation in the was a great pilot with thousands of OF MICRONESIA AND THE RE- Senate, and their appreciation of what hours to his credit, and I spent many PUBLIC OF THE MARSHALL IS- needs to be done to fulfill our respon- hours as his co-pilot. He suggested that LANDS sibilities to our allies in the Freely As- I take flying lessons, asking me what I Mr. AKAKA. Mr. President, I rise sociated States, or FAS. might do if he suddenly ‘‘slumped over today to speak about S.J. Res. 16, the The Federated States of Micronesia the wheel.’’ My response was that if Compact of Free Association Amend- is a group of 607 small islands in the that were to happen, I would slump ments Act of 2003, which was intro- Western Pacific about 2,500 miles over the wheel, too! He seemed inde- duced by myself, Senators BINGAMAN, southwest of Hawaii. While it has a structible. DOMENICI, and CRAIG on July 14, 2003. total land area of about 270.8 square The best thing about Bob’s zeal for S.J. Res. 16 is the Bush administra- miles, the FSM occupies more than one living was his insistence on sharing it tion’s legislative proposal codifying 3 million square miles of the Pacific with lots of family and friends. He let years of negotiations on title II of the Ocean. It is composed of four island his 8-year-old nephew land a twin-en- Compact of Free Association between states, formerly known as the Caroline

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10880 CONGRESSIONAL RECORD — SENATE August 1, 2003 Islands—Kosrae, Pohnpei, Chuuk, and sufficiency cannot occur without the assistance grants, provides U.S. com- Yap. Today, the FSM Constitution pro- proper tools of education and health munities with the ability to rebuild vides for three branches of govern- care. These improvements will take and reinvest in their infrastructure. We ment—the executive, judicial and legis- substantial investment over time. My have invested millions in FSM and RMI lative branches. The President is the short-term goal is to reimburse the to build and protect infrastructure. head of state of the national govern- State of Hawaii for the costs incurred These investments need to be protected ment and there are elected Governors by the compact. I will discuss those to ensure that these Pacific island for each of the four states. The esti- amendments in a few minutes. communities will be able to recover mated population of the FSM is 105,500. Title II of the compact, Economic from natural disasters. The Republic of the Marshall Islands Relations, expired on September 30, We cannot terminate FEMA’s dis- is located about 2,136 miles southwest 2001. The compact provided, however, a aster assistance. We must replace of Hawaii and is made up of five islands two-year extension if negotiations were USAID’s OFDA with FEMA’s disaster and 29 atolls. While the RMI’s total underway. Title II expires on Sep- assistance programs for the amended land area is only about 70 square miles, tember 30, 2003. Title II is critical to compact, maintaining the strong and the RMI covers about 750,000 square the success of the compact as it in- reliable service that the islands need miles of sea area. There are three cludes all of the Federal funding for when peoples’ lives are destroyed by branches of government in the RMI— the RMI and FSM. It is my under- natural disasters. I look forward to the legislative, executive and judicial standing that the legislative proposal working with my colleagues to rectify branches. The head of state is the contains some unilateral changes that this situation. President, who is elected by the legis- were made to the compact without the As we continue assisting the FAS in lature from its membership. The popu- consent of the RMI and FSM govern- building up physical infrastructure and lation of the RMI is approximately ments—we will need to examine those achieving long-term self-sufficiency 56,000. provisions closely. In addition, I be- under a new funding mechanism, I can- The Compact of Free Association lieve we need to examine some of the not emphasize enough the urgent need may be new to some of my colleagues, immigration provisions which are in- to continue FAS eligibility for federal particularly those who were not in cluded in S.J. Res. 16 to ensure that programs. It is important for us to Congress in 1986. The United States has they do not circumvent the purpose of maintain the view that such programs a very unique relationship with the the Compact of Free Association. are complementary to the economic as- FSM, RMI, and Palau, whose Compact I would now like to turn to the issue sistance under the compact and must is not being considered for negotiation. of disaster assistance. Under the cur- continue to be open to FAS citizens if It is unfortunate that there is some rent compact, the Federal Emergency we are to succeed in allowing the FSM misunderstanding about the purpose Management Agency, FEMA, provided and RMI to fully develop. and intent of the Compact of Free As- disaster relief to the communities in Federal programs in education have been a cornerstone for FAS commu- sociation. The compact established the the FSM and RMI. In addition, FEMA nities, particularly in the later years of RMI and FSM as sovereign states that provides essential services after nat- the original compact. This was when conduct their own foreign policies. ural disasters such as typhoons or schooling evolved away from—as noted Both countries were admitted to the tsunamis. Disaster assistance includes in 1994 by an Asian Development Bank United Nations in 1991. However, the both individual grants and low-interest study—its use as a tool to advance the Freely Associated States remain de- loans. Most, but not all, Federal assist- interests and objectives of colonial pendent upon the United States for ance is in the form of low-interest powers. Rather, educational content military protection and economic as- loans to cover expenses not covered by has become more appropriate to tradi- sistance. The compact provides that State or local programs, or private in- tional education and changed the lives the United States has the prerogative surance. Individuals who do not qualify of many FAS citizens for the better, to reject the strategic use of, or mili- for loans may be able to apply for a strongly encouraging them to actually tary access to, the FAS by other coun- cash grant. Cash grants are also avail- enroll in school. tries, which is often referred to as the able for home repair, rental, and fu- It is remarkable, for example, that ‘‘right of strategic denial.’’ The com- neral services. the proportion of those who completed pact also provides that the U.S. may The public assistance grants for com- secondary education in the FSM al- block FAS government policies that it munity infrastructure allow terri- most doubled from 25 to 47 percent be- deems inconsistent with its duty to de- torial, local, or even village-level orga- tween 1980 and 1994. Today, the FSM fend the FAS, which is referred to as nizations to respond to disasters, to re- Government reports that the literacy the ‘‘defense veto.’’ Under the compact, cover from their impact, and to miti- rate is quite high and all children are the United States also has the exclu- gate impact from future disasters. required to attend school at least sive military base rights in the FAS. In While these grants are aimed at gov- through the eighth grade. In the RMI, exchange, the U.S. is required to sup- ernments and organizations, their final elementary school enrollment in- port the FAS economically, with the goal is to help a community and all its creased from almost 7,400 in the late, goal of producing self-sufficiency and citizens recover from devastating nat- seventies to more than 11,700 in 2000, FAS citizens are allowed entry into the ural disasters. The grant assistance, while secondary school enrollment United States as nonimmigrants for provided on a matching basis, helps to- went from 1,430 to 2,586 in the same pe- the purposes of education, medical ward the repair, replacement, or res- riod. treatment and employment. toration of disaster-damaged, publicly- It is imperative that we help to edu- As we consider S.J. Res. 16, I will be owned facilities. FEMA assistance is cate young generations in the FAS be- offering a number of amendments to critical. In 2002, Typhoon Cha’atan hit cause those ages 15 years or younger address the sufficiency of the nego- the FSM and caused 50 deaths, injured make up nearly half of the FSM and tiated provisions to fulfill the U.S. hundreds of people, and resulted in $6 RIM populations and will eventually commitment to assist the FSM and million in property damage. become parents, workers, and govern- RMI with economic development op- S.J. Res. 16 removes FEMA’s role in ment, business, and community lead- portunities, with the goal of self-suffi- providing disaster relief, and replaces ers. Education is the key to a strong ciency in 20 years. I am also working it with the U.S. Agency for Inter- future for these island communities on amendments to address issues spe- national Development, Office of For- and will ensure that the U.S. invest- cific to the costs incurred by Hawaii eign Disaster Assistance, OFDA. This ments in these populations will reap during the first 17 years of the Com- doesn’t make sense. OFDA assistance positive returns. pact of Free Association. is for humanitarian relief of disasters However, despite the great progress I have a tiered approach to meet in foreign nations, with direct provi- that has been made, the FAS clearly these objectives. My long-term intent sion of food and shelter, and assistance have a long way to go in improving is to improve the education and med- in protecting health and rebuilding their educational systems. This is evi- ical infrastructure in the RMI and water supplies. FEMA’s disaster assist- denced by FAS citizens’ continued mi- FSM. Economic development and self- ance, through its individual and public gration to Hawaii and other parts of

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10881 the U.S. for educational opportunity. have mandatory funding earmarked for icaid services without receiving any Even so, the Micronesians and compact impact aid, the amount is not federal matching funds. Marshallese have taken education into based on the actual costs to the af- There has been an increasing trend in their own hands and are striving fected areas over the past 17 years. As the need for health care services among mightily to attune it to the needs of I have just said, for 2002 alone, the FAS citizens. During the current fiscal their people. In this vein, Federal pro- State of Hawaii spent over $32 million year, the number of individuals served grams such as Head Start, title I for on services for FAS citizens. I plan on in the State of Hawaii’s Medicaid pro- disadvantaged populations, the Individ- offering an amendment to increase the gram has grown from 3,291 to 4,818 peo- uals with Disabilites Education Act, amount of annual compact impact aid ple based on the average monthly en- IDEA, and Pell Grants have tremen- to the State of Hawaii and other af- rollment. This is an increase of 46 per- dously helped by empowering the FAS fected areas. I am also drafting an cent. For only the first half of the fis- and providing vital resources to help amendment which would authorize re- cal year, the State of Hawaii has spent them create sound education systems imbursement for the funds expended by $4.66 million for the Medicaid costs in- that serve the needs of their people. In- the governments of the affected areas curred for FAS citizens. These Med- deed, I have been assured that without between 1986 and 2003. icaid costs do not reflect additional Pell Grant assistance, higher education Hawaii’s medical providers have also State expenditures on medical care institutions such as the College of Mi- suffered because they are owed thou- contracts to care for the uninsured, cronesia would be unable to continue sands of dollars in unpaid medical bills. community health care services, and operating. Some of the debt has been incurred by for the activities of the Department of Given the importance of such pro- individuals, FAS citizens lacking fi- Health’s Communicable Disease grams to the FAS, I am concerned nancial resources—who present them- Branch. about recent and ongoing efforts in the selves to medical providers for treat- The Federal Government must pro- other body to limit or eliminate FAS ment. Other debt, however, is a result vide appropriate resources to help eligibility for various education and of the medical referral program, and is states meet the healthcare needs of the other domestic Federal programs. I am to be paid by the FSM and RMI govern- FAS citizens—an obligation based on a not alone in this concern. I was pleased ments. The medical referral program federal commitment. It is unconscion- to join Senators DOMENICI, BINGAMAN, allows FAS citizens to travel to Hawaii able for a state or territory to shoulder and CRAIG in writing on May 20 to the for medical treatment to be paid by the the entire financial burden of providing leaders on the HELP Committee, ask- FSM or RMI because such treatment is necessary education, medical, and so- ing that they maintain support for the not available in their country. cial services to individuals who are re- FAS through eligibility for various During its consideration of the origi- siding in that state or territory when education programs. As we state in the nal compact, Congress recognized this the obligation is that of the Federal letter, ‘‘the loss of such funding could problem and authorized funding for un- Government. For that reason, I am very well mean the end of education paid debts related to the medical refer- seeking to provide reimbursement of services at all age levels in the FAS.’’ ral program which were incurred prior these costs. It is time for the Federal When we return in September, I intend to 1985. Unfortunately, the problem has Government to take up some of the fi- to pursue this matter with my col- continued. Hawaii’s medical providers, nancial responsibility that until now leagues. who are already having difficulties has been carried by the State of Ha- I would now like to address some meeting the health care needs of their waii, CNMI, and Guam, by restoring compact issues specific to the State of communities, are unfairly penalized public benefits to FAS citizens. Hawaii. Section 104(e)(1) of the Com- because of the inability of the island Eligibility of FAS citizens for non- pact (Public Law 99–239) states, ‘‘it is governments to pay the medical bills emergency Medicaid must be restored. not the intent of the Congress to cause associated with the medical referral In addition, the State of Hawaii, Guam, any adverse consequences for the program. I will introduce an amend- American Samoa, and the CNMI should United States territories and common- ment that would extend the authoriza- be reimbursed for the Medicaid ex- wealths or the State of Hawaii.’’ The tion for funding for the medical refer- penses of FAS citizens incurred since compact further authorizes appropria- ral program debts to 2003. 1996. It is the right thing to do. tions for such sums as may be nec- I also plan to offer amendments Continuing along the lines of assist- essary to cover the costs, if any, in- which would alleviate the compact’s ing FAS citizens towards long-term curred by the State of Hawaii, the ter- cost to the State of Hawaii by restor- self-sufficiency, I would now like to ritories of Guam and American Samoa, ing and establishing the eligibility of turn to the issue of social services. The and the Commonwealth of the North- FAS citizens for programs such as Med- need for support provided by a safety ern Mariana Islands, CNMI. icaid, Food Stamps, and Temporary As- net of social services becomes apparent As FAS citizens are allowed free sistance to Needy Families, TANF. when we take a look at the economic entry into the United States as part of It is imperative that we restore eligi- conditions FAS citizens face at home. the compact, many FAS citizens reside bility of FAS citizens for non-emer- In 2001, per capita income, as measured in the State of Hawaii. Since 1997, gency Medicaid. FAS citizens lost by purchasing power parity, was $1,600 when Hawaii began reporting its im- many of their public benefits as a re- in the RMI and $2,000 in the FSM. This pact costs, the State has identified sult of the Personal Responsibility and amounts to almost $8,000 below the over $140 million in costs associated Work Opportunity, PRWORA, Act of poverty threshold per capita in the with FAS citizens. In 2002, the State of 1996, including Medicaid coverage. FAS U.S. for that same year. Furthermore, Hawaii expended over $32 million in as- citizens were previously eligible for many FAS families are single-parent sistance to FAS citizens, with the Medicaid as aliens permanently resid- households and face many barriers to highest costs reported in education. ing under color of law in the United employment, including low or no-job The State of Hawaii has received a States. skills, low levels of education, and dis- total of $6 million in compact impact After the enactment of welfare re- abilities. aid, largely due to our efforts in the form, the State of Hawaii could no This is why it is important to provide Senate and the leadership of the senior longer claim Federal matching funds Federal support through social service Senator from Hawaii, Mr. DAN INOUYE. for services rendered to FAS citizens. programs while continuing to develop This modest amount of funding, how- Since then, the State of Hawaii, Guam, new economic opportunities for FAS ever, does not adequately reimburse American Samoa, and the Common- citizens. Otherwise, the impact of serv- the State of Hawaii for its costs over wealth of the Northern Mariana Islands ing FAS citizens will continue to be the past 17 years. have continued to meet the health care felt outside of the FAS. For instance, S.J. Res. 16 includes $15 million in needs of FAS citizens. The State of Ha- in Hawaii, according to the state’s At- mandatory funds to be distributed an- waii has used state resources to pro- torney General, financial assistance in nually between the State of Hawaii, vide Medicaid services to FAS citizens. the form of the Temporary Assistance Guam and the CNMI for compact im- In 2002 alone, the State spent approxi- to Other Needy Families, TAONF, pro- pact aid. While it is an improvement to mately $6.75 million to provide Med- gram, a State program, provided $4.5

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10882 CONGRESSIONAL RECORD — SENATE August 1, 2003 million to FAS citizens in State Fiscal antee failure for many Hawaii families, stated that a marriage is the legal year 2002. This amount is secondary including FAS citizens, should Ha- union between one man and one woman only to the amount spent to provide waii’s waiver be allowed to expire. I as husband and wife, and that a spouse educational services to the FAS. Of look forward to working with my col- is a husband or wife of the opposite sex. this total, $390,000 went to the General leagues on the Finance Committee on That declaration did not break any Assistance program, which supports in- this separate TANF reauthorization new ground or set any new precedent. dividuals and couples with little or no issue. It simply reaffirmed the traditional income and who have a temporary, in- I cannot stress the importance of the definition of marriage. capacitating medical condition; Compact of Free Association to the Pa- The Defense of Marriage Act received $532,000 supported aged, blind, and dis- cific islands, the State of Hawaii, overwhelming bipartisan support in abled FAS citizens with little or no in- Guam, the Commonwealth of the both Houses, as you would expect. The come who are not eligible for federally- Northern Mariana Islands, and Amer- House passed the act by a vote of 342– funded Supplemental Security Income ican Samoa. The United States made a 67, and the Senate passed it by a vote SSI; and $3.6 million went to the commitment to help these countries of 85–14. State’s TAONF program that assists attain self-sufficiency through eco- President Clinton signed the meas- other needy families who are not eligi- nomic development and Federal pro- ure, stating that: ‘‘I have long opposed ble for federal-funding under the Tem- grams based on a political relationship governmental recognition of same-gen- porary Assistance to Needy Families, unique to this situation. We must der marriages, and this legislation is TANF, program. honor this commitment by ensuring consistent with that position.’’ And The number of FAS citizens served adequate resources to meet our obliga- since that time, 37 States have passed by the Hawaii Department of Human tions. We cannot treat the FSM and defense of marriage acts at their own Services has increased by almost 20 RMI as mere allies and foreign na- level, defining marriage for purposes of percent in the span of one year alone. tions—the political relationship of free State law. The financial assistance that the State association calls for more than that. In the words of the eloquent senior of Hawaii provides to FAS citizens in We must provide Federal benefits such Senator from West Virginia, a sponsor the form of TAONF is a great support as Food Stamps, TANF, and Medicaid of the Defense of Marriage Act to FAS citizens residing in the U.S. We to those families attempting to achieve Throughout the annals of human experi- economic stability. must ensure that the trust funds for ence, in dozens of civilizations and cultures I am also planning on offering an each country have sufficient funding to of varying value systems, humanity has dis- amendment to make FAS citizens eli- ensure that in 20 years, the RMI and covered that the permanent relationship be- gible for the Food Stamp Program. The FSM will be able to function as eco- tween men and women is a keystone to the Food Stamp Program serves as the nomically independent nations. We stability, strength, and health of human so- first line of defense against hunger. It must improve the infrastructure of the ciety—a relationship worthy of legal rec- is the cornerstone of the federal food education and medical systems in the ognition and judicial protection . . . assistance program and provides cru- RMI and FSM to alleviate the long- He went on to say: cial support to needy households and term impact of the Compact on the The suggestion that relationships between those making the transition from wel- State of Hawaii and Pacific territories. members of the same gender should ever be fare to work. We have partially ad- We must continue eligibility in federal accorded the status or the designation of dressed the complicated issue of alien education programs such as Head marriage flies in the face of the thousands of years of experience about the societal sta- eligibility for public benefits such as Start, the Individuals with Disabilities Act, Pell Grants, title I, and the No bility that traditional marriage has afforded Food Stamps, but again, I must say it human civilization. is just partial. Not only should all legal Child Left Behind Act to ensure that Senator BYRD was echoing an under- immigrants receive these benefits, but we equip future generations of Micro- standing of marriage shared by many, so too citizens of the FAS. Exclusion of nesians and Marshallese with the edu- if not most, and particularly the late FAS citizens from federal, state, or cational tools necessary to succeed in Dietrich Bonhoeffer, who wrote: local public benefits or programs is an the 21st century. We must do all of this unintended and misguided consequence in a culturally sensitive manner. Your love is your own private possession, but marriage is more than something per- of the welfare reform law. We have a big challenge ahead of us, to keep the commitment we made in sonal it is a status, an office that joins you We allow certain legal immigrants together. eligibility in the program. Yet FAS 1986. I look forward to working with all citizens, who are not considered immi- of my colleagues on this important en- Marriage is so fundamental to our grants, but who are required to sign up deavor. culture and to civilization itself that it Mr. CORNYN. Mr. President, I ask for the Selective Service if they are re- is easy to forget how much depends on unanimous consent that the order for siding in the United States, are ineli- it. the quorum call be rescinded. gible to receive food stamps. We must Marriage provides the basis for the The PRESIDING OFFICER. Without family, which remains the strongest correct this inequity. I will work on objection, it is so ordered. clarifying current law regarding FAS and most important social unit. A citizens’ eligibility for various federal f wealth of social science research and assistance programs, including TANF STRENGTHENING THE DEFENSE data attest to this commonsense fact. and Food Stamps. OF MARRIAGE ACT And as columnist Maggie Gallagher writes: In addition, I ask my colleagues to Mr. CORNYN. Mr. President, I rise support efforts to extend current TANF When men and women fail to form stable today to say a few words about the im- marriages, the first result is a vast expan- state waivers and reinstate recently portance of the Defense of Marriage expired state waivers. Hawaii has been sion of government attempts to cope with Act. the terrible social needs that result. There is operating under a waiver approved by Recent and pending cases, before the scarcely a dollar that state and federal gov- the U.S. Department of Health and Supreme Court and the state court of ernment spends on social programs that is Human Services since 1996. To date, Massachusetts, raise serious questions not driven in large part by family frag- Hawaii has met all of its employment regarding the future of the traditional mentation: crime, poverty, drug abuse, teen goals, despite experiencing difficult definition of marriage throughout pregnancy, school failure, and mental and economic times in the 90s and into the America as embodied in the bipartisan physical health problems. current decade. This waiver maintains Defense of Marriage Act. I believe it is Clearly the family is the funda- protections for disabled individuals, in- important that the Senate consider mental institution of our civilization. cluding FAS citizens, which were re- what steps, if any, are needed to safe- It fosters successful communities, ported in the State Fiscal Year 2002 as guard the institution of marriage that happier homes, and healthier lives. The numbering over 200. I am concerned the Defense of Marriage Act has ex- family provides the foundation for rais- that proposals that would limit various pressly defined since 1996. ing each generation of Americans. And support services to this disabled popu- In very simple and easy to read lan- when families are weakened, it is the lation to three months would guar- guage, the Defense of Marriage Act children who suffer most.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10883 We recognized these facts in 1996, by Mrs. DOLE. Mr. President, I ask ture. If we die, we’re in heaven with passing the Defense of Marriage Act unanimous consent that the order for him, and that’s incredible.’’ overwhelmingly, and reiterating the the quorum call be rescinded. I imagine somewhere high up in traditional understanding of what mar- The PRESIDING OFFICER. Without heaven, Bill Bright is having an incred- riage is. Now, by decisions of our objection, it is so ordered. ible, miraculous adventure. God bless courts, concerns have been raised f him! again, and I believe that it is the duty His words made me think of the book of the Senate to reexamine and, if nec- DEATH OF WILLIAM R. BRIGHT of Revelation on the Bible, in the 7th essary, reaffirm this important deter- Mrs. DOLE. Mr. President, our Na- chapter, which reads, ‘‘Therefore are mination. tion mourns the loss of Bill Bright, a they before the throne of God, and The great Sam Houston, whose seat I visionary who founded Campus Crusade serve him day and night within his am honored to hold in this body, once for Christ more than 50 years ago. temple; and he who sits upon the said: Bill died last week at his Orlando throne will shelter them with his pres- The time is fast arising when facts must be home from pulmonary fibrosis at the ence. They shall hunger no more, nei- submitted in their simplest dress. age of 81. In his lifetime, he spread the ther thirst any more; the sun shall not I believe that time is now. The facts Gospel of Jesus Christ to hundreds strike them, nor any scorching heat. deserve examination and, if necessary, upon hundreds of thousands of people For the Lamb in the midst of the action. across the world. throne will be their shepherd, and he The question before us now is wheth- I met Bill Bright long before my will guide them to springs of living er the popular and bipartisan legisla- nephew went to work for Campus Cru- water, and God will wipe every tear tion known as the Defense of Marriage sade more than 10 years ago. I was in from their eyes.’’ Act will remain the law of the land as awe of both Bill and his wife, Vonette, My thoughts and prayers are with my the people and, most particularly, the for their unwavering commitment to dear friend Vonette, their two sons, Representatives of this body intend, or communicating the love of Jesus and the entire Campus Crusade family. The PRESIDING OFFICER. The Sen- whether we will be undermined or over- Christ. ator from Vermont. turned by the courts. You see, in an amazing act of faith, As many in this body have stated in Bill and Vonette signed a pact with f the past, the Founders could not have God more than five decades ago—and JUDICIAL NOMINEES anticipated that our Nation would ever agreed to leave the business world and Mr. LEAHY. Mr. President, we have reach the point where marriage would the making of money to devote their had a lot of discussion about judicial ever require such definition. lives to spreading the Gospel. nominees recently. One issue is on the But neither could they have antici- Not long after than, in 1951, they DC Circuit Court of Appeals. pated the method through which the began Campus Crusade. The goal, at I mention that because at the time courts would unilaterally upend our the time, was to preach the Gospel to when President Clinton nominated Nation’s laws, reading penumbras, students at the University of California highly qualified people to go there, my emanations, and ‘‘sweet mysteries of at Los Angeles. But God had other friends on the other side said the work- life’’ into the legal text as justification plans. The Campus Crusade movement load was such that the DC Circuit for overturning legislative acts. soon spread to other campuses in the Court of Appeals didn’t need extra On an issue as fundamental as mar- United States and eventually around judges. So they were never given a riage, I believe it is the job of the the globe. Today, it is one of the hearing, never given a vote. One of American people, through their Rep- world’s major ministries and serves those nominees is now the dean of the resentatives, to decide. We should not people in 191 countries with a staff of Harvard Law School. In fact, the chief abandon this issue to the purview of 26,000 full-time employees and more judge, as I recall, a Reagan appointee, the courts alone. Some have suggested than 225,000 trained volunteers. said they definitely didn’t need more a legislative answer. Others have sug- Indeed, I would dare say that Campus judges; they didn’t have the workload. gested a constitutional amendment is Crusade has touched the lives not only He took that position consistently needed. In any case, we must consider of students—but the poor and op- throughout President Clinton’s term. what steps are now needed to protect pressed on every continent, and leader- Now we have a new President. The and safeguard the traditional under- ship on every level of society. workload has gone down in that court. standing of marriage as defined in the Bill Bright’s life reflected Christ and But we have several people suddenly Defense of Marriage Act. proclaimed him boldly. He made an nominated for the seats that just a few Toward that end, I will convene a months ago were unneeded, we were hearing of the Judiciary Committee’s eternal impact on our Nation and our world. told, by all the Republican leadership. Subcommittee on the Constitution, We were told by the Republican leader- which I chair, in the first week after In the 1970s, Bill came up with the popular ‘‘I Found It!’’ signs to signify ship on this very political court that we return from the August recess to we didn’t need anybody. Suddenly we find out what steps, if any, are required that ‘‘it’’ was faith in Jesus. He later released a film, called ‘‘Jesus,’’ which need somebody. to uphold the Defense of Marriage Act The interesting thing about that is was a feature length motion picture on and the congressional intent as em- the Washington Post, which has been bodied in that measure. I hope my col- the life of Jesus of Nazareth. That film very supportive—more supportive than leagues, including the bipartisan ma- has been seen by millions of people and most newspapers in the country—of jority who overwhelmingly supported translated into many languages. President Bush’s judicial nominees, no the Defense of Marriage Act in 1996, Throughout it all, Bill remained a matter who they are, took a different will join me in these efforts. humble man, simply doing the Lord’s position. Even that paper, which has Perhaps no legislative or constitu- work. In 1996, he was awarded the pres- basically given in many ways—and it is tional response is needed to reinforce tigious Templeton Prize for Progress in their right—a blank check to the ad- the status quo. And if it is clear that Religion. That award came with a $1 ministration, wrote an editorial this no action is required, so be it. But I be- million gift. Bill donated all of the morning called ‘‘Fueling the Fire.’’ lieve that we must take care to do money to causes promoting the spir- They basically ask what I have: What whatever it takes to ensure that the itual benefits of fasting and prayer. is the sudden change? principles defined in the Defense of He was, indeed, a true servant of I ask unanimous consent that edi- Marriage Act remain the law of the God—a man who lived a life that all of torial be printed in the RECORD. land. us can admire and strive to emulate. There being no objection, the mate- Mr. President, I yield the floor and When I heard of his passing, I re- rial was ordered to be printed in the suggest the absence of a quorum. called something Bill said two years RECORD, as follows: The PRESIDING OFFICER. The ago when Campus Crusade marked its [From the Washington Post, Aug. 1, 2003] clerk will call the roll. 50th anniversary . . . ‘‘A follower of FUELING THE FIRE The legislative clerk proceeded to Jesus Christ can’t lose,’’ he said. ‘‘If we In nominating people to fill the last two call the roll. live, we go on serving. That’s an adven- seats on the U.S. Court of Appeals for the

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10884 CONGRESSIONAL RECORD — SENATE August 1, 2003 D.C. Circuit, President Bush had a unique NATIONAL COUNCIL OF CHURCHES, Bush. We stopped three. This stands in opportunity to begin de-escalating the war July 31, 2003. tremendous contrast to the time of now raging over judicial nominations. The President GEORGE W. BUSH, President Clinton, when the Repub- need for judges in these two slots—the 11th The White House, lican leadership stopped 60 of President and 12th authorized judgeships—is far from Washington, DC. clear, as Republicans argued in blocking the DEAR MR. PRESIDENT: As religious leaders Clinton’s nominees. confirmation of qualified Clinton adminis- from various faith traditions, we are fully For very good reasons, because of tration nominees. Since then, the court’s committed to religious freedom and separa- their ideology, their obvious intent to workload has declined. Additional D.C. Cir- tion of church and state as basic tenets of politicize the courts, we have stopped cuit nominations should have awaited a our Constitution. We agree with you that, three. So we have confirmed 145 and more comprehensive understanding of the ‘‘we (America) must continue our efforts to stopped three. Those who are worried court’s needs. If two more judges were need- uphold justice and tolerance and to oppose that we have politicized this, I would ed, we had hoped that Mr. Bush would have prejudice; and we must be resolved to coun- point out, we have stopped three. When been mindful of the history and nominated tering any means that infringe on religious freedom.’’ Today, we write to express our President Clinton was there, they qualified candidates who easily could win stopped 60, usually because one Repub- Democratic as well as Republican support. grave concern about the attempt to make re- Instead, Mr. Bush has nominated two people ligion an issue in the consideration of judi- lican, one, would object. So they were who will only inflame further politics of con- cial nominees. not allowed to have a hearing or vote. firmation to one of this country’s highest- We were deeply troubled to learn that dur- I see my friend from West Virginia, quality courts. ing a Senate Judiciary Committee hearing and I yield the floor. I thank the Sen- last week on the nomination of Alabama At- ator from West Virginia for his usual Both nominees—White House counsel Brett torney General William H. Pryor, who is M. Kavanaugh and California Supreme Court being considered for a lifetime position in courtesy. Justice Janice Rogers Brown—are people of the U.S. Court of Appeals for the Eleventh The PRESIDING OFFICER. The Sen- substance, nominees whose records and Circuit, the Chairman of the Judiciary Com- ator from West Virginia. qualifications might well under other cir- mittee injected religion into a debate over Mr. BYRD. I thank the distinguished cumstances command support. But these qualifications for this position. By ques- Senator from Vermont. nominations could not be better calculated tioning Mr. Pryor’s religious faith, Chairman f to pour salt on Democratic wounds. Mr. Hatch supported a scurrilous advertising Kavanaugh is a fine lawyer who could be a campaign designed to make those opposed to A PERFECT STORM fine judge. He also has spent the past few the Pryor nomination seem guilty of reli- Mr. BYRD. Mr. President, the re- years as, first, a key figure in former inde- gious bias. marks I am about to make can very pendent counsel Kenneth W. Starr’s inves- Mr. President, we urge you to immediately tigation and, more recently, an official in denounce the reprehensible behavior of the well be written under the title ‘‘Gath- the White House counsel’s office working on Senate Judiciary Leadership. We ask that ering Storm Clouds Over North Korea.’’ such politically sensitive matters as judicial you send a clear message to oppose religious Weather forecasters have a name for nominations and executive privilege. What- interrogation and restore order and dignity one of their worst nightmares of vio- ever the merits of his work in these two to the judicial nomination process. Judicial lent atmospheric disturbance, trig- roles, they are sore spots for Democrats. nominees can be reviewed on a wide range of gered by an unusual convergence of Likewise, Justice Brown possesses a seri- criteria—but religion must not be one of weather systems. They call it the ‘‘per- ous judicial mind. But she also has a long them. To allow questioning of religious faith fect storm.’’ record of opinions that will provoke liberal during consideration of nominations will set a dangerous precedent with profound impli- As the United States continues to be anxiety; one, for example, declares in its preoccupied with quelling the postwar opening section that ‘‘private property, al- cations on future nominees. ready an endangered species in California, is We urge you to protect the integrity of the chaos in Iraq, I worry that the ele- now entirely extinct in San Francisco.’’ It judicial nomination process by denouncing ments of a perfect storm, capable of takes nerve for Mr. Bush to ask Senate this behavior. As religious leaders, who take wreaking devastating damage to inter- Democrats to confirm such people to posi- seriously our charge to promote tolerance national stability, are brewing else- tions whose very necessity Republican sen- and justice, we hope you will act swiftly on where in the world. The forces at play our request. We have a lot to lose. Our ators were busily questioning until only two are centered on the escalating nuclear years ago. shared values of religious freedom are at stake. threat from North Korea, but they also The White House appears to believe that Sincerely, include the emergence of Iran as a nu- any accommodation of Democratic concerns Rev. BOB EDGAR, clear contender, the violence and des- would be a sign of weakness in the face of General Secretary. perate humanitarian situation in Libe- the filibusters and stalling of the president’s Mr. LEAHY. I see the very distin- ria, the near forgotten but continuing other nominees. Mr. Bush’s grievances are war in Afghanistan, and the unrelent- real; the Senate continues to filibuster the guished senior Senator from West Vir- nomination of the qualified Miguel A. ginia, the most senior member of this ing threat of international terrorism. Estrada, for example, more than two years body, on the Senate floor. I know he Just a few days ago, the Department after his nomination. But both sides in the wishes to speak. As soon as he is pre- of Homeland Security issued a chilling past several years have behaved badly in the pared, I will, of course, yield the floor. alert that al-Qaida operatives may be fight over judicial nominations. Their war Last night we were able to move five plotting suicide missions to hijack may help both political parties rally their of President Bush’s judges, to get them commercial aircraft in the coming bases and raise money. But it is deeply confirmed in a matter of about 20 or 30 weeks, possibly in the United States— harmful, not least to the public perception of a very sobering thought indeed. judging as an apolitical task. And it will not minutes. I thank those who worked end until someone extends an olive branch. with me to make that possible. Senator Weather forecasters can do little That someone has to be the president, the LOTT from the other side of the aisle more than watch a storm unfold. They only person with the power to do it meaning- was very helpful in moving those for- cannot quiet the winds, as Jesus did on fully. The D.C. Circuit would have been a ward. Senator MCCONNELL was very the Sea of Galilee, or calm the seas. We great place to start. Too bad Mr. Bush is too helpful in moving those nominees for- require more from the President of the busy playing politics to lead. ward, as well as a number of Senators United States when it comes to inter- Mr. LEAHY. Because we have dis- on this side of the aisle. Senator HARRY national crises. The President cannot cussed at great length an issue involv- REID, Senator TOM DASCHLE worked afford merely to plot the course of the ing one of the judiciary nominees, I ask with me, along with Senator LOTT and gathering storms over North Korea, unanimous consent that a letter from Senator MCCONNELL, to move them. So Iran, Liberia, Afghanistan, and else- the National Council of Churches ad- we were able to move them, actually, where. The President needs to turn his dressed to President Bush regarding in a matter of 20 or 30 minutes. attention to these countries and work the debate on Alabama Attorney Gen- I mention that because there was a with the international community to eral William H. Pryor be printed in the consensus on these nominees. They defuse the emerging crises. The chal- lenge is formidable and there are no RECORD. were not sent up here to divide us but, rather, they were the rare ones who easy answers. But the price of inaction There being no objection, the mate- were sent to unite us. could be ruinous. rial was ordered to be printed in the I mention that because we have now Of all the looming international RECORD, as follows: confirmed 145 judges for President threats, North Korea is clearly the

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10885 most worrisome. As recently as July man show, and that this is not the type The question of whether the United 14, former Defense Secretary and Ko- of discussion that can be sealed with a States should intervene in the Liberian rean specialist, Willian Perry, warned simple handshake. You don’t look into crisis is fraught with unknowns and that the United States and North the eyes here and determine what is in uncertainties. The humanitarian crisis Korea are drifting toward war, possibly the depth of the soul. calls out for relief. And yet the solu- as early as this year. In an interview Under the Constitution, the Senate tion is elusive, and the danger of en- published in the Washington Post, Dr. has a unique and important role to snaring U.S. military troops in an in- Perry said: play in helping to frame the contours tractable civil war is not to be under- The nuclear program now underway and the content of international trea- estimated. Can the Economic Commu- in North Korea poses an imminent dan- ties. Any agreement negotiated be- nity of West African States, known as ger of nuclear weapons being detonated tween the United States and Korea will ECOWAS, raise a force sufficient to in American cities. have far-reaching implications for the stabilize the unrest in Liberia? Could Surely, such a stark warning from an national security of the United States the United States help without sending official so deeply steeped in the polit- and, as such, should be subject to the in ground troops? Is the United Nations ical culture of North Korea should be a treaty advice and consent provision of prepared to take over peacekeeping op- wake-up call to the President. Yet, to article II, section 2, of the Constitu- erations once the situation is sta- date, the administration has stead- tion. bilized? Can the United States afford to fastly refused to engage in direct talks On a collision course with the nu- assist Liberia? Can the United States with North Korea, or even to charac- clear threat from North Korea is the afford to ignore Liberia? terize the threat of North Korea’s nu- question of how to deal with Iran’s in- The questions are tough, but pro- clear weapons program as a crisis. In- creasingly aggressive nuclear posture. crastination is not an acceptable re- stead, the President and his advisers A month ago the President hinted sponse. Hundreds of innocent civilians have continued to hurl invectives at darkly that he would not tolerate the are suffering and dying as a result of Kim Jong Il, while shrugging off in- construction of a nuclear weapon in the conflict in Liberia. Monrovia is in creasingly alarming reports that North Iran; but he has been largely silent on shambles. Last week, July 25, the Korea is stepping up its pursuit of nu- the issue in the ensuing weeks. When President took the tentative step of or- clear weapons. asked during a rare press conference dering several thousand U.S. Marines Since last October, when North earlier this week about the potential to be positioned off the coast of Libe- Korea revealed that it planned to re- for war with Iran, the President placed ria, but how or whether any of those process plutonium fuel rods into fissile the burden for seeking a peaceful solu- troops will be deployed remains un- material that could be used in nuclear tion squarely on the shoulders of the known. Indecisive, half-hearted ges- weapons, the President and his advisers international community, without sug- tures serve no purpose. As long as there have consistently downplayed the nu- gesting any role for the United States is an expectation that the United clear threat from North Korea, while beyond ‘‘convincing others’’ to speak States will intervene, African states hyping the nuclear threat from Iraq. to the Iranian Government. When it are unlikely to take independent ac- Yet while we have strong evidence comes to dealing with the threat from tion to deal with the situation in Libe- that North Korea is working feverishly Iran’s weapons of mass destruction, it ria. The President needs to determine a to accelerate its nuclear program, we appears that the White House is defer- course of action, he needs to consult still have not found a shread—not a ring to some of the same countries and with Congress and the United Nations shread—of evidence that Saddam Hus- institutions, including the Inter- on pursuing that course, and he needs sein’s efforts to reconstitute Iraq’s nu- national Atomic Energy Agency, that to explain his reasoning and his strat- clear weapons program were anything it dismissed as inconsequential during egy to the American people. more than bluster and hyperbole. the runup to war with Iraq. In testimony before the Senate It is time—if it is not already too Like North Korea, the options for Armed Services Committee last week late—to drop the false bravado of indif- dealing with Iran are limited, but dodg- on July 24, GEN Peter Pace, Vice ference to the threat from North Korea ing engagement in favor of sporadic Chairman of the Joint Chiefs of Staff, and engage in face-to-face negotiations saber rattling is scarcely the wisest termed Liberia ‘‘potentially a very with the North Koreans. Multilateral course of action. Equally unhelpful are dangerous situation’’ that poses ‘‘great negotiations are fine—preferable ominous hints that the United States personal risk’’ to American troops. even—but they are unlikely to be pro- is contemplating covert action to pre- Any decision to send American troops ductive unless the United States takes cipitate regime change in Iran. Unlike into that war-torn country is a deci- the lead. We cannot wait for the Chi- North Korea, Iran has not demanded sion that must be carefully thought nese or the Japanese or the South Ko- direct negotiations with the United through and be made in concert with reans to pave the way. We cannot brush States. Before it comes to that point, Congress and the international commu- off the nuclear threat posed by North and the United States is faced with the nity, not simply presented to the Korea as just an annoying irritant. perception of being blackmailed into American people as an after-the-fact There is a real threat. Now there is a negotiations, the administration notification. real threat to the United States, and should seize the initiative and not ab- The situation in Liberia, and the the United States must act fast to nat- dicate its responsibility to other na- other crises brewing around the world, uralize it. tions and other institutions. Here require more attention and more expla- The news on Thursday, July 31, that again, the administration cannot af- nation from the President than the North Korea has expressed a willing- ford to ignore the storm warnings and usual off-the-cuff comments tossed to ness to engage in six-sided talks, with hope the crisis will simply blow over. reporters at the end of photo ops. This the participation of Russia in addition The situation in Liberia raises a dif- is not a summer for the President to to the other players, offers a glimmer ferent, but no less volatile, set of spend riding around the ranch in his of opportunity that the United States issues. Rent by violence and reeling pick up truck. This is not a time to should seize before North Korea from the effects of a three-way conflict play to the television cameras with the changes its mind. As difficult as it is to between an illegitimate government ‘‘bring ’em on’’ school of rhetoric. The predict or understand the motivations and the warring rebels who want to un- problems confronting the United of Kim Jong Il, one thing is certain: No seat it, Liberia is desperately seeking States require the President’s serious progress can be made in unraveling the help from the United States. The Presi- and undivided attention. The American nuclear tangle on the Korean peninsula dent raised expectations for U.S. inter- people deserve a full accounting from until the parties involved start talking vention during his highly publicized the President of where he stands on to each other. visit to Africa earlier this month, but critical international issues, and how Not only must the President come to it has been several weeks now since his he intends to deal with them. terms with the gravity of the situation return, and still no clear policy with Against the backdrop of the war in in North Korea but the President must regard to Liberia has emerged from the Iraq and the emerging crises in North also understand that this is not a one- White House. Korea, Iran, and Liberia, the largely

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10886 CONGRESSIONAL RECORD — SENATE August 1, 2003 forgotten war in Afghanistan—the evil’’ found itself caught in the cross Mr. FRIST. Members, I ask unani- largely forgotten war in Afghanistan— hairs of the U.S. military. And just as mous consent that the order for the continues to grind on and on and on quickly, the hollowness of the doctrine quorum call be rescinded. more than a year and a half after the was exposed. Iraq could be attacked at The PRESIDING OFFICER. Without United States rousted the Taliban from will because it did not have nuclear ca- objection, it is so ordered. power and obliterated al Qaeda’s ter- pability. North Korea called for re- f rorist training camps. Nearly 10,000 straint because it plausibly did have SEPTEMBER IN THE SENATE American troops remain in Afghani- nuclear capability. Iran was a question stan, with no end—no end—to their mark. Predictably, both North Korea Mr. FRIST. Mr. President, shortly I mission in sight—and no clear mission and Iran, seeing the writing on the will make a statement addressing some to accomplish—hunting the remnants wall, began to scramble to accelerate of the accomplishments we have been of the Taliban and al-Qaida organiza- their nuclear programs. In retrospect, able to achieve over the last several tions. In Iraq, Saddam Hussein’s sons the doctrine of preemption is beginning weeks—indeed, over the last 6 or 7 have been killed, and one can only hope to look more and more like a doctrine months—and, at the same time, a note that we are closing in on Saddam Hus- of provocation. to my colleagues about the future. sein himself, but in the wider war on Against this background, the storm Most are thinking about getting on air- terrorism, Osama bin Laden remains at clouds of international instability are planes and going home or around the large, and his organization continues massing. America’s military forces are world now or this afternoon. It is im- to spread its venom throughout the stretched thin in Iraq and Afghanistan. portant over the August recess, from Middle East and perhaps the world. Our military leadership is absorbed the Senate standpoint and staff stand- The alert issued earlier this week by with Iraq. Our military resources, both point, that people begin working in the Homeland Security Department is financial and personnel, are strained to preparation for our return in early Sep- only the latest reminder that the al- the breaking point. With the exception tember. Qaida terrorist network remains a po- of Britain, our allies are reluctant to I mentioned early this morning, most tent threat to America and its allies. commit significant resources or man- of September will be spent on the ap- The warning included specific details— power to an operation in Iraq in which propriations bills. We have been very such as the fact that targets might in- the United States has a stranglehold successful in addressing four of those clude the East Coast of the United on authority and decision-making. The appropriations bills to date; we have States, the United Kingdom, Italy, or executive branch is preoccupied with nine to address in the next several Australia and it raised the possibility the occupation of Iraq and seems para- weeks. After discussion with the Ap- that at least one of the planned lyzed when it comes to meaningful ac- propriations Committee and the lead- highjackings or bombings could be exe- tion to deal with North Korea or Iran ership in the Senate and many col- cuted before the end of the summer. or Liberia. Afghanistan and the global leagues, the first appropriations bill in In the face of such a frightening spec- war on terror have seemingly been rel- September will be the Labor, HHS, and ter, it is somewhat unsettling that on egated to the status of afterthoughts. Education appropriations bill. We will the subject of terrorism, the President America’s foreign policy appears to be start that right off the bat coming is talking tough to Iran and Syria, but adrift in an increasingly tumultuous back from this recess. Under the lead- he seldom mentions Osama bin Laden sea of international turmoil. Mean- ership of Chairman SPECTER, we have anymore. while, the national terror threat con- made huge progress in this regard. Is this another example of the Presi- tinues to hover uneasily in the ‘‘ele- f dent’s efforts to change his message to vated range’’ amid new warnings of ter- divert the attention of the American UNANIMOUS CONSENT rorist attacks being plotted against AGREEMENT—H.R. 2660 people, the people who are watching commercial aircraft. Mr. FRIST. Mr. President, at this through those electronic eyes above In this moment of great potential juncture, I ask unanimous consent that the Chair’s desk? The imminent and di- peril, the President is preparing to re- at 9:30 a.m. on Tuesday, September 2, rect threat of Iraq’s weapons of mass tire for a month to his ranch in Texas. the Senate proceed to the consider- destruction was used to hoodwink the The question needs to be asked: Who’s ation of Calendar No. 197, H.R. 2660, the public into accepting the rush to war, minding the White House? but now that no weapons have been Labor, HHS, and Education appropria- In a short time, the Senate will re- found, the President barely mentions tions bill. cess for the month of August. I do not them anymore. Instead, he is now talk- The PRESIDING OFFICER. Without think we should go very far. I hope ing about how regime change in Iraq objection, it is so ordered. that the international situation will was really the catalyst required to sta- Mr. FRIST. Mr. President, I will remain stable, and that no new crises bilize the Middle East. New day, new yield to my distinguished colleague will erupt. But I do not pretend to be message. who will be managing this very impor- sanguine. I do not pretend to assume At the center of America’s imperiled tant piece of legislation, someone who that all will be well. relations with its friends and foes alike has worked very aggressively, very is the Bush doctrine of preemption, A rare combination of volatile and diligently in this regard and who I am which was first articulated in the Sep- dangerous international events are confident will lead the Senate in ad- tember 2002 National Security Strat- poised to converge in the coming dressing these important issues in a egy. This unprecedented declaration months. In large part, it is a storm of timely, efficient, and expeditious way that the United States has the right to this administration’s own making, upon our return. launch preemptive military attacks fueled by the fear, confusion, and insta- I yield a few minutes to Chairman against hostile nations in the absence bility caused by the unprecedented and SPECTER. of direct provocation sent shockwaves ill-advised doctrine of preemption. I The PRESIDING OFFICER. The Sen- throughout the international commu- only hope that the President and his ator from Pennsylvania. nity. advisers can summon the skill, the wit, Mr. SPECTER. Mr. President, I The doctrine of preemption was the and the leadership to engage and at- thank the distinguished majority lead- justification for attacking Iraq without tempt to tame the elements of inter- er for his generous comments. I thank provocation, but the ramifications of national turmoil before it is too late him, further, for listing the appropria- the policy go far beyond that nation. and we are swept up into the vortex of tions bill for Labor, Health and Human All so-called ‘‘rogue regimes’’ were put the storm. Services, and Education immediately on notice that the United States was I yield the floor. on our return on September 2. prepared to act to deter the develop- I suggest the absence of a quorum. I have conferred with the ranking ment of weapons of mass destruction The PRESIDING OFFICER (Mr. member of the Democrats, Senator that could be used against America. ALLARD). The clerk will call the roll. HARKIN, about our plan for managing Suddenly, the elite club of nations The legislative clerk proceeded to the bill, and have conferred beyond that formed the President’s ‘‘axis of call the roll. that with Senator BYRD, the ranking

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10887 member of the full committee, and tages of even having this colloquy now I think we witnessed that yesterday, with many of the Democrats who will and us having the statement together in a long day that began at 9 o’clock or be expected to offer amendments. is that people know what we are com- 9:30 in the morning but continued until It is a very complex bill governing ing to. They have plenty of time to late at night, with the ultimate pas- the Departments of Health and Human look at the appropriations and develop sage of an Energy bill, of which pas- Services and Education and Labor, and what comments they have to make and sage, early in the morning, people said: traditionally it brings a great many allow time for preparation of amend- No way. amendments. That is to be expected. It ments. With that, we should be able to All the media questions, people com- is my thought that we can identify the come back and hit the ground running. ing up were saying it is going to take amendments at an early stage, that we Mr. SPECTER. If I might make one another week or 2 weeks or 3 weeks on can work out time agreements, and addenda, Mr. President, and that is the this Energy bill. Are you going to stay that we can vote on the amendments. option of third reading if people do not in on Saturday? Are you going to come I have already talked to some of my have amendments to offer. One of the back and spend all of September? colleagues on the other side of the aisle banes of the Senate procedure is the Yet after initial discussion and pro- about doing some of that work in Au- quorum call, those two lights up there posals, both caucuses worked together gust, where we will be identifying when nothing is happening on the and worked within themselves and we amendments. We have an excellent floor. came together to pass an Energy bill staff on both sides of the aisle already I have long been an advocate that, if that will, indeed, move America for- working. It is our expectation, beyond amendments are not offered, we ought ward. We did it against what many peo- our hope, to have a very prompt con- to go to third reading. When people ple would say are the odds. We did it in sideration of the bill and to get it com- have more than a month to prepare, I a very closely divided Senate. But it pleted at an early date. I don’t want to think that is a fair position to take. shows that even in that environment, say any timeline because this body is When I last managed this bill in June of a closely divided Senate, if we keep too unpredictable, even with planning of the year 2000, we finished the bill on our eye on a specific goal, we can move and with management, but it is our the Senate floor on June 28, which tied America forward. hope to get short time agreements and, a record going back to 1974. We have set specific goals. As you with the consent of the leadership, to We cannot do that; we are already just heard, we laid out what we are have the votes stacked. If there are ar- past June 28. But I think we can get going to be doing next far enough in guments, to go over and make use of this bill done. But let the record show: advance for people to prepare. the evening time and proceed to get Let the buyers beware. Let Senators be Then we act. Each side has certain the bill completed. on notice that this manager intends to strategies, and then we reach that goal There is one very strong incentive on push for third reading if we have to give a solution to the American peo- all sides for completing the bill and quorum calls up there. People ought to ple. That is what Americans expect. that is that we have $3 billion more if bring their amendments to the floor When we talk to our constituents, that we have a bill than if we have a con- and we will debate them and vote on is what they say they want. That is tinuing resolution. We do not have too them and work the will of the Senate why they send us to the Senate. They much money to start with, and very and work through promptly. want to be sure we step up to the plate important items on health, education, Again, I thank the majority leader. on growth and jobs. and worker safety, et cetera. The PRESIDING OFFICER. The ma- We must be a key partner with the So we intend to proceed on that jority leader. administration in the war on terror. basis. I appreciate the opportunity to We must stand up and act on life and address my colleagues. As the majority f support our values here at home and, leader has said, people are already on DOING THE NATION’S BUSINESS indeed, around the world. We have planes en route, some worldwide. I Mr. FRIST. Mr. President, the past 4 much to do in the realm of health. We have my plans very well set. I am on a weeks have been extraordinarily pro- have made progress, but we have much train in 25 minutes. August is to be ductive. I thank my colleagues for more to do. Our tort system is badly in spent by this Senator traveling his their participation, for their coopera- need of reform. State. tion, and for their patience to make There is rumor that I have an elec- Of course, during all of this, our ut- that possible. I thank them for accept- tion coming up in 2004, both a primary most responsibility is to govern—to and a general election. I have a lot of ing some deadlines that we put for- govern responsibly, in a responsive work to do and will be attending to it. ward, accepting the overall strategy, way. When we return at the start of Sep- just as we just heard, of setting a goal Before we leave for our recess today, tember—to the Senate business, Sen- far in advance so people have the op- reflecting over the last 4 weeks we portunity to prepare and to think so we have been in session, I therefore jump ator HARKIN and I hope to set the pace to try to get these appropriations bills can most efficiently use the time for back to before the Fourth of July re- done, to cooperate with the majority debate and amendment on the floor of cess. Before the Fourth of July recess, leader. If there is to be a completion by the Senate. it was at that point that I informed our September 30, the end of the fiscal We have passed major legislation, of colleagues we would be doing the En- year, this is the giant, once the Depart- which we should all be proud. We ergy bill in this final week in July, and ment of Defense appropriations bill has should share that with our constitu- we did. I said at that time we would do been finished. ents, as we go back to our States, as we everything possible to finish the En- So we will be hard at work, trying to travel around the country to seek ergy bill this week, and we did. As late get through the bill and have the Sen- input and listen but also to say that we as yesterday morning, there was doubt. ate work its will and get it completed are doing the Nation’s business. Early in the morning, people said there in the public interest. Our leadership has developed a was no way it could be done. We got it I, again, thank the majority leader. straightforward mission. The mission done by cooperation—again, on both The PRESIDING OFFICER. The ma- is crystal clear. It is to move America sides of the aisle—by determination, jority leader. forward. We are doing so in a manner and by going back to one of those val- Mr. FRIST. Mr. President, I thank with values such as civility and trust. ues I keep talking about which we are the distinguished chairman. I have the We do it in a way that is relationship expressing in this Congress—civility. utmost confidence we will be able to centered, meaning that we are working We were successful. We got it done. get on this bill as soon as we get back together to get the very best out of our America will benefit. Americans will and that, under his leadership, along individual Members, in terms of benefit. with that of Senator HARKIN, we will be thoughts and ideas. We do it in a man- We have a national comprehensive able to very effectively and efficiently ner that is solution oriented, that is energy policy coming out of this body. address the issues before us. solutions to the problems that we iden- Yes, it will be modified. Yes, in part, it Clearly, we seek early, rather than tify, not just rhetoric and not just talk will be rewritten over the coming later, completion. One of the advan- about the problems. weeks. But with the President laying

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10888 CONGRESSIONAL RECORD — SENATE August 1, 2003 out a plan 2 years and 3 months ago, to them to save and to invest, to boost floor of this Senate on the Tuesday we with the House of Representatives hav- the economy, to make their lives more come back—if we do it instead of de- ing acted, and the Senate having acted fulfilling. That is the sort of action and laying, there will be an additional $3 on energy, we can develop that final the sort of solution that moves Amer- billion available. If it happens to be product to send to the President to the ica forward. available the way the law is written, benefit of all Americans. It is part of Because of our commitment to meet- that committee will not have the in- government, it is part of leadership, ing our legislative goals, we are help- centive later to take the action but and we have delivered. ing to put America on the road to eco- will address the bill right now. On the international front, last night nomic security. We are committed to This is in contrast to the last Con- we passed two highly significant trade strengthening America’s economy. We gress. There was a logjam we had in agreements. One was the Singapore are committed to providing each Amer- the last Congress where the appropria- free-trade agreement, and the other ican with more of that economic secu- tions bills really got stopped. In fact, it was the Chile free-trade agreement. rity. And we are committed to ensur- was not until this Congress that we Those are the first free-trade agree- ing that the playing field is fair. passed 11 of the 13 appropriations bills ments to move through Congress under On the international front, we funded that were supposed to be passed in the the so-called fast-track authority since Operation Iraqi Freedom in less than 2 last Congress. We did that in the first that process was restored a year ago. It months. We have liberated the Iraqi couple months of this Congress. is an important achievement for the people from the clutches of a vicious But we are making progress. We built body itself, but it is an even more im- and brutal dictator, a mass murderer on our success with the FAA authoriza- portant achievement for the world who has killed thousands of his own tion bill, the extension of unemploy- community and for our national com- people, including members of his own ment benefits. When you look at the munity as we improve those trade rela- family as well as thousands of people appropriations, in 3 short weeks we tionships with Chile and Singapore. from lands outside of the Iraqi border. passed the legislative branch, the De- As you just look at the action last Over the last several weeks, we have partment of Defense, military con- night on energy, it was a tough chal- had the opportunity to be briefed by struction, and the Homeland Security lenge. Everybody said: No, we have to people directly in Iraq who are partici- appropriations bills. That keeps mov- spend days and days and days more. As pating in the rebuilding of that democ- ing America forward. And we will come we look on the success with trade last racy. They brought to us encouraging to Labor-HHS when we return. night, we can say we have added an- news that all too often we don’t see on I should mention that on the Home- other chapter to our work to grow the the front pages of the newspapers or in land Security appropriations bill we economy and to create jobs. It didn’t the coverage on the television. But we had distinguished leadership. I applaud exist yesterday morning, and now it are hearing directly from them. We are and personally thank Senator THAD COCHRAN for his tremendous work in exists after our action last night. As making progress. Is it slow? Of course, particular because that was the first we look at this whole issue of jobs and it is slower than any of us would want. time we have had this Department of as we travel around the country, it is But it is steady, consistent progress. Homeland Security and, thus, it is a the No. 1 issue you hear about because The Senate will continue to support new appropriations bill. It was handled it affects people’s lives so directly. this ongoing war on terror. We will magnificently on the floor, and we We passed the Jobs and Growth Act continue our financial commitment. were able to successfully complete the of 2003. Indeed, as most of us are aware, We will continue our moral commit- over the last week or week and a half Homeland Security appropriations bill. ment until America’s enemies are de- This whole process of setting goals, and over the next several weeks, 25 feated. implementing a strategy in a civil en- million families will receive checks of Internationally, we also passed the vironment, and working hard through $400 or more per child, which is in addi- NATO Expansion Treaty bringing 700 debate and amendment is working. If tion to the $600 they have already re- new nations into that cornerstone or- you look at our commitment on health ceived this year. But that additional ganization of freedom in the Western and health issues, people see the com- incremental $400 is because of action World. We are bringing more and more mitment there. They saw it as we set here in the Senate and passing the jobs countries into the orbit of democratic out the agenda in early January on a and growth package—25 million fami- nations and providing more of the whole range of issues. lies—indeed, over 500,000 in my home world’s economic citizens with that In January, most people, on Medi- State of Tennessee. If we had not sort of opportunity, and more of the care, said: The Senate is not going to acted, they would not be getting the world’s citizens with that economic se- be able to do it. The House can prob- checks. They will be spending those curity that they, too, deserve. ably do it. They have done it in the checks. Most importantly, they decide The Senate is also flexing its influ- past. In fact, they do it really in every how to spend that $400, or that $1,000, ence to reform countries that defy Congress. The rules are very different because of the action of this body. their citizens their natural, God-given in the House. But most people said: In They are the ones who decide whether rights to be free. We did that recently the Senate Medicare is too partisan. it is on clothing, whether it is on food, with the assistant majority leader, There is too much bickering. People or whether it is on buying a computer Senator MCCONNELL’s Burmese Free- use it for political purposes. It can’t be to help their child in education. They dom Act just several weeks ago. With a done. will be deciding. bit of luck, we will finish action on the Yet, again, we delivered. Now the A family of four, because of that jobs authorization of our foreign aid pro- Senate has passed a bill that, for the and growth package, making $40,000 grams so that we can further enhance first time in the history of this wonder- will see their taxes reduced. Remem- our voice and our values around the ful Medicare program—that simply is ber, that means money in their pock- world. out-of-date, but a wonderful program ets—money they can save and invest. A Again, if we jump back 5 or 6 weeks, that as a physician I have had direct family of four making $40,000: $1,133 in before the last recess, I articulated my experience with for 20 years, just about 2003. That is how much their taxes will goal to pass major appropriations bills every day taking care of Medicare pa- be reduced. in a timely fashion. This, too, we are tients before coming to the Senate, The Jobs and Growth Act is the third accomplishing in an organized, system- writing thousands of prescriptions my- largest tax cut in history passed by atic way. self—for the first time those prescrip- this body. The $350 billion package will The colloquy that just occurred on tions I was writing become a part of boost the economy, it will grow the the floor with the distinguished chair- Medicare. number of jobs, and it will allow more man of the Labor-HHS bill is a mani- Heretofore, these outpatient pre- Americans to control more of their festation of planning and a systema- scriptions have not been a part of own hard-earned paychecks. This is tized approach of a strategy where we Medicare. Yet the way health care has money they have earned which they can address that very important bill in evolved, these medicines today are paid to the Federal Government that a timely fashion. If we do it as he men- probably the most powerful compo- the Federal Government has returned tioned—as he will be explaining on the nent, the most powerful tool doctors

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10889 and nurses and health care providers I commend President Bush, in his Our values have been on display this have to give seniors health care secu- State of the Union Message, for leading session as well. rity, to give patients health care secu- on it, and this body for responding ap- We have allotted significant re- rity. propriately at a level—again, in a bi- sources to upgrade the technology at In addition, seniors and individuals partisan way—that most people in this America’s Historically Black Colleges with disabilities will have the oppor- country and, indeed, the world would and Universities. We took a historic tunity, for the first time in Medicare, not have anticipated. step in bringing a National Museum of to choose a plan or a type of health As a physician, I have had the oppor- African American History and Culture care coverage that best suits their indi- tunity over a 20-year period to take to our Nation’s capital by passage of vidual needs. We passed it in the Sen- care of HIV/AIDS patients personally, that bill. ate. We did what a lot of people said we both when I was at Vanderbilt Univer- It has been 80 years of petitions that were just not going to be able to do. sity Medical Center and also as I did has led to an understanding of how we And it was bipartisan. There were over my medical training in Boston, MA, might respond. But in terms of devel- 70 votes, and it was really kind of driv- and out at Stanford in California. I can oping the museum, it took passage on en to get as many votes as possible but tell you, when you have the oppor- the floor of the Senate for it to take with good policy, taking the very best tunity to look back over a 20-year pe- that next step to become a reality. I of the Democratic ideas and the very riod—in 1983 we did not know this virus have to thank Senator SAM BROWNBACK best of the Republican ideas, and meld- existed. We did not know about it. The and Congressman JOHN LEWIS from the ing those together. best scientists in the world did not other side of the Capitol for their tre- We have a challenge I am very hope- know this virus existed. Then it killed mendous leadership. ful we will meet by late September; five people in the country. Then it Senator LAMAR ALEXANDER has fo- that is, to take that House bill, to take killed, in the world, a million people, cused on the American History and the Senate bill—the conference is un- then 5 million people, then 10 million Civics Education Act. Because of his derway now—and, in conference, de- people. And now 23 million people have leadership, America’s students will velop a bill that will be strong, that died over that 20 years since 1983. have the opportunity to learn our Na- will guarantee seniors access to good We are responding. This is the first tion’s great history and civic tradi- prescription drug coverage, and give time we have really stepped up and tions. I thank Senator GREGG for his them the choice of a plan that best said: We are going to eliminate this bill, the Keeping Children and Families meets their needs. virus. I am very proud of my colleagues Safe Act. We acted on legislation to I will say—because people don’t talk and gratified that the Senate stepped make it easier for States to continue about it very much on the floor; and I up with this determination to dedicate their efforts to enroll children in am speaking as an individual but also $15 billion, which is the figure people health care programs. The SCHIP legis- as a conferee—it is important for us to think of, but equally important, taking lation makes a difference in thousands complete action in this conference by a leadership role for comprehensively and thousands of families’ lives. late September. The sooner we com- addressing the ravages of this virus. There were three items passed earlier plete action on the bill, the sooner By passing this legislation, we are this year I want to mention. In March every senior—people who are listening helping to prevent 7 million new infec- we passed the partial-birth abortion broadly around the country or near tions, we are providing antiretroviral ban. We have an agreement with the seniors—will have a prescription drug drugs for 2 million HIV-infected people, other side of the aisle to address this card within months—within months— providing care for 10 million HIV-in- issue for a day sometime in September. of the time the President actually fected individuals, and investing in re- The following month, we passed the signs that bill; every senior will get search so we will find a cure. CARE Act, the President’s faith-based some help with that card in the very Right now, today, there is no cure for initiative. That same month we passed near future if they are buying prescrip- this virus. There is no vaccine to pre- tion drugs. vent this virus. Thus we need to do ev- the AMBER alert. The lives of millions So the sooner we complete the bill, erything we can to both preserve our of Americans and future citizens will the sooner we can get the benefit to great pharmacologic research endeav- be protected by all of these efforts. the seniors, especially those seniors ors in this country and, at the same Each of these items demonstrates our who are hurting, who are in an eco- time, invest in a responsible way so we deep compassion for our most vulner- nomic position where this burden of can encourage and give incentives to able citizens. buying prescription drugs is great, is encourage investment to find a cure—a The Senate is accomplishing all of heavy. The sooner we pass this bill—it cure that if you had the virus, you will this through hard work, through co- has to be a good bill; it has to be an ap- be able to cure the virus, and also to operation among Members on both propriate bill; it has to be a balanced prevent the virus. And you can do that sides of the aisle. I thank my col- bill; and it has to be, most impor- with a vaccine. leagues for their efforts. We are over- tantly, a responsible bill—the sooner In this Congress, we have seen Sen- coming partisanship. We are stressing seniors can benefit from the $400 billion ator SUSAN COLLINS lead the campaign civility and trust. We are making the that this body, the House, and the to increase public access to legislative process work in an orderly President of the United States have all defibrillation of the heart. When a and systematic way. agreed we want to get to seniors. heart fibrillates, it becomes like a bag One area, however, that is in some So it is ready in terms of the com- of worms. Instead of beating regularly, ways undermining progress is the ob- mitment that is made. The money is it begins to fibrillate. And that is when struction we are seeing with regard to there. Now we need the vehicle itself. people die, because the heart is not Presidential circuit court nominees. And that is what we are doing in con- pumping. But if you can get to them We have seen it with Miguel Estrada, ference. So the sooner we can get it quickly enough, you can put those pad- Priscilla Owen, and William Pryor. done, the sooner seniors will be able to dles on, and you can shock the heart Now is not the time to rehearse the benefit. back to that normal, constant beating. history of the last 7 months, but it is On health, I will also have to men- That public access to defibrillation is enough to say that the process is bro- tion the global HIV/AIDS bill this body important. It is something on which we ken. The process is not working. I passed several months ago under the are making huge progress, specifically would only hope as the fall unfolds, we distinguished leadership, great leader- under the leadership of Senator SUSAN will find ways for the Senate to vote up ship, of Chairman DICK LUGAR. This COLLINS. or down. That is really all this side of global HIV/AIDS bill addresses the We passed the Trauma Care Systems the aisle is asking for, to have that op- greatest moral, humanitarian, and pub- Planning and Development Act. So if portunity to vote yes or no, up or down lic health challenge of the last 100 driving home today you were to have on the President’s judicial nomina- years. It shows we are caring. It shows an accident, there will be a trauma tions. we have compassion. It shows we do center to respond to you immediately, When it comes to the fall, we will not just talk about it, but that we lead especially when time and expertise be- continue our work to govern respon- on it. come critically important. sibly and comprehensively. We will

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10890 CONGRESSIONAL RECORD — SENATE August 1, 2003 complete our efforts with regard to the HUTCHISON, our vice chairman, who ourselves to transferring hundreds of emergency supplemental as well as stands so often as our public persona in billions of dollars to the Nation’s funding the President’s request sub- addressing issues and explaining those wealthiest individuals for a pittance of mitted in early July. issues in a way that is important for economic stimulus. In those coming weeks of the fall, we the American people to understand, ad- We have all become extremely anx- will also complete action on several re- dressing issues in a sophisticated, sub- ious and hopeful to hear anything posi- maining appropriations bills. As we stantive way, but at the same time ex- tive about the economy. At first blush, outlined earlier today, we will begin plaining those so Americans can indeed the recent data coming from the De- with the Labor, Health and Human fully understand where this institution partment of Commerce offers a sugges- Services legislation. That legislation is moving; GEORGE ALLEN, our senato- tion of hope. But after considering the underwrites many of our Federal ef- rial chairman, whose instincts are so reports at longer length, and in the forts to help where we must to make a often right and right on target; JUDD context of all the participants in our difference in so many Americans’ lives. GREGG, who I rely on daily for counsel, economy, I am convinced the reports We will also continue to work this whose word I trust and whose support about our gross domestic product are fall on asbestos reform legislation. It is so often makes a huge difference in something of a letdown. clear that is a pressing national crisis. this Chamber; Senator BOB BENNETT, As Senator CONRAD has stated, 70 per- I am convinced that with goodwill and our chief deputy whip, whose work cent of the growth in this quarter’s cooperation, we will be able to respon- with colleagues we simply could not do GDP estimate is caused by increased sibly address this issue. I have talked without; Senator ARLEN SPECTER, who defense spending, without which the with the Democratic leadership repeat- was just on the floor, whose thoughts economy would have grown at less edly, and we all agree it is an issue we and advice inform so many of the deci- than 1 percent. This 1 percent growth can address and will address sometime sions we make here. would be the slowest economic growth in the future. I am grateful to all of my colleagues of any administration in half a cen- We will also take up at some junc- on both sides of the aisle who share a tury. So what we are seeing is one of ture class action lawsuit reform. It is a thought, who share with me that single those issues in which one sector, for fairly quiet bill in the background, but word, that piece of advice out of their obvious reasons—because of our build- it is one that will make a huge dif- busy day. I am proud that together as up in Iraq and our subsequent oper- ference in the fair and quick adminis- Senators we have preserved what our ations there—is generating a dispropor- tration of justice nationwide. We will predecessors have given us and are tionate share. One can ask the question also be revisiting medical litigation re- working to pass on to our successors fairly, how long can that continue? form sometime in the fall. There are even something a little bit better. The National Bureau of Economic other items we can address in terms of I thank all the Senators for their Research announced last month that tort reform that we in all likelihood hard work, their diligence, and their the recession ended 20 months ago. But will be considering. We will continue to cooperation. I look forward to return- this announcement simply confirms stand for issues surrounding life. We ing in September to continue our work what many have long suspected—that will complete action on the partial- on the people’s business. we are in the midst of a ‘‘jobless recov- birth abortion ban at some point in I yield the floor. ery.’’ The economy is in as much trou- September, and then we will move The PRESIDING OFFICER (Mr. BEN- ble as it was in the early 1990s, if not ahead on legislation addressing the Un- NETT). The Senator from Rhode Island. worse. More than 3.2 million private born Victims of Violence Act. f sector jobs have been lost during this Yesterday Senator JUDD GREGG an- Administration, with 1.2 million jobs nounced hearings in September on pub- THE ECONOMY lost even after the so-called end of the lic health issues on tobacco. I know the Mr. REED. Mr. President, I would recession 20 months ago. And 6.2 per- distinguished Senator from Kentucky, like to take a moment to speak about cent of the civilian labor force was un- Mr. MCCONNELL, introduced legislation the economy, an issue that is of in- employed, which is down slightly from on Wednesday with regard to buying creasing concern to so many families the previous numbers of 6.4 percent. out quotas from tobacco farmers. We across the country. Measured in terms But the July decline is instructive be- will be addressing all of those issues in of employment alone, this has been a cause it doesn’t represent a growth in the coming months. In addition, we very difficult and demanding time for jobs, it represents the fact that there is will be looking for other opportunities. Americans across the Nation. At the a drop in the number of people looking In closing, I thank my leadership col- President’s urging, Congress has passed for jobs. The way we measure unem- leagues who have helped me each and three major tax cuts in what is becom- ployment is by looking up the number every day over the last 7 months: Our ing an annual ritual. I call it a ritual, of people actively pursuing employ- distinguished President pro tempore, because it is based on an ideological ment, that is the basis of the calcula- TED STEVENS; I talk to Chairman STE- belief that tax cuts are a one-size-fits- tion. What we are seeing is people giv- VENS daily. He is an avid user of e-mail all fix to all of our Nation’s economic ing up hope, becoming disheartened, so I get three or four every day, which woes. understanding that it is hard to find I quickly answer, a canny veteran Regardless of the specifics of our eco- jobs and therefore dropping out of the whose counsel daily has proven invalu- nomic situation, regardless of the search for jobs. able to me and to so many others; our growing number of unemployed Ameri- Indeed, if you look at the ratio of em- assistant majority leader, MITCH cans, and regardless of our record budg- ployment to population, total number MCCONNELL, whose tireless work day in et deficits, the Administration has of people working versus the popu- and day out has kept us together as a pushed on with its misguided, one- lation of the U.S., we have seen that team and a conference in these months, track approach. ratio decline. Nine million workers is really the glue to our conference; Mr. President, I do not think anyone were unemployed in July across the Conference Chairman RICK SANTORUM, would invest a dollar in a project if country. who continues to work in overdrive, they only expected to receive 10 cents But for the current President Bush, working overtime, working with pas- back. But that is essentially what has this is not his father’s jobless recovery. sion to keep an eye on the midterm and happened under the trickle-down eco- By this period in the 1991 economic re- the long-term issues that are so impor- nomic approach of the Administration. covery, private nonfarm payrolls were tant to us, focusing so often on those A March 2003 report by the Democratic rising again. Not only are private sec- basic values we share; JON KYL, our staff of the Joint Economic Committee tor jobs failing to rise again, they are policy committee chairman, whose at- estimated that in the best case sce- continuing to fall at an even faster tention and focus and study, by leading nario, the first year return of the 2003 rate. Corporate layoffs are continuing. the policy committee, all ensures that tax cuts would be less than 10 cents on For Americans who have suffered the we legislate the very best we can, with the dollar. most from the recession, this is not an the very best information at every op- What this means is the American economic recovery because there are portunity; Senator KAY BAILEY people massively overpaid, committing simply no jobs.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10891 In my State, we received notice that the Administration’s Midsession Re- Just this week, the Wall Street Jour- a major department store is closing, a view shows that deficits as a share of nal stated: flagship store in one of our prominent GDP will be cut by more than half by While hundreds of factories close in any malls, Lord & Taylor, which will lay 2006. As Senator CONRAD has pointed given year, something historic and fun- off workers. We are seeing other retail out, cutting a deficit in half after you damentally different is occurring now . . . operations close. For the families of have quadrupled or tripled it isn’t ex- Most of these basic and low skilled factory actly impressive management. Yet, I jobs aren’t liable to come back when the Rhode Island and the Nation, the news economy recovers or when excess capacity they are getting is of more job losses. don’t believe this Administration will around the world dissolves. even accomplish that reduction of the Persistent unemployment is only one The manufacturing industry cut deficit. The deficits in the latter half of piece of evidence that passing tax cuts 56,000 more jobs in June alone, the 35th their 6-year window are not going to be does not fix the Nation’s economy. The consecutive monthly decline. From as small as they claim they will be. next place to look is the budget. manufacturing to information tech- This week, for the first time, Presi- There are many reasons why we should be skeptical of the administra- nology, midcareer workers have been dent Bush acknowledged the role the especially hard hit, and with many of tax cuts played in mortgaging our Na- tion’s predictions of much smaller defi- cits in the future years. First, the these jobs lost forever to other coun- tion’s economic future by turning tries, there is even more reason to act budget surpluses into record budget budget projections don’t include lots of things that will surely increase the def- fairly and pass additional assistance deficits. In the Rose Garden, the Presi- for the long-term unemployed and to dent said: ‘‘And so part of the deficit, icit; for example, the continuing costs of the Iraqi occupation—estimated provide them with new skills through no question, was caused by taxes; about job retraining programs when you con- 25 percent of the deficit.’’ That is ac- today at $4 billion a month—and the continuing cost of military operations sider the record of job loss. cording to the President. But according We should not limit unemployment in Afghanistan, estimated today at $1 to economists, these figures are con- and job retraining assistance to those billion a month. servative at best. laid off from manufacturing jobs, how- Secondly, the administration’s tax The administration’s Midsession Re- ever. With so many Americans out of cuts are unlikely to boost GDP—and view reveals that the budget deficit for work for far too long and the persist- tax revenue relative to GDP—as much fiscal year 2003 is expected to be an as- ence of job losses, there is an incred- as the administration thinks. Their tonishing $455 billion. This is the larg- ibly pressing need to extend benefits to forecast for the years 2005 through 2008 est budget deficit in our history. This those workers who have exhausted all is simply too optimistic. The deficit is placed into stark relief by the of their unemployment benefits and Midsession Review shows an increase Bush administration’s forecast upon yet still found no work. It is not their in revenue relative to GDP of more coming into office of a $334 billion sur- fault that jobs are not being created than 2 percentage points in just 3 plus for 2003. So in just 2 years, we have for them to fill. years, 2004 through 2007. But this sharp seen a swing of more than three-quar- Finally, there is no question that increase is unprecedented. It didn’t ters of a trillion dollars and that is just state fiscal crises are also restraining even happen during the ‘‘revenue sur- the economic recovery. These crises for this fiscal year. prises’’ of the 1990s when revenues The causes of the deficit are plain to are predicated in no small part on in- seemed to explode. sufficient Federal grant-in-aid to the see if you look at what is happening to Such dramatic growth in revenues is revenues as a share of GDP—they have States, along with decreased state tax much less likely now, because the ad- revenues that are tied to reduced Fed- gone into a freefall. According to the ministration’s tax cuts have reduced Midsession Review, revenues in 2003 eral tax rates. the mechanisms that were the main Indeed, what we have here is a push- will equal 16.3 percent of gross domes- drivers of the 1990s revenue surprises— tic product, the lowest level relative to and-pull phenomenon. As the adminis- capital gains taxes and the progres- tration claims they are cutting taxes the size of the economy since 1959. The sivity of the individual income tax sys- administration would like the public to to stimulate the economy, State and tem. localities are forced to raise taxes and believe this is some sort of natural de- Then there is the other administra- cut expenses under their rules and cline due to recession and war. But we tion response to the deficit issue—that their budgets, thus creating a situation have been in recession before and we it simply doesn’t matter. in which our effect is counteracted by have seen war before, without getting Federal Chairman Allan Greenspan their necessary actions. into such a low level of revenue. repeatedly has emphasized that higher The official labeling of an ‘‘economic In fact, we can look at where reve- deficits do, in fact, lead to higher inter- recovery’’ by the National Bureau of nues relative to GDP were in 1990 and est rates. As the Fed’s monetary report Economic Research sadly does not 1991 and see that for President Bush, to Congress stated, deficits have al- mean an end to the economic suffering this is not his father’s tax policy ei- ready led to a downswing in national that too many Americans feel. I think ther. The truth is the administration’s saving, and ‘‘if not reversed over the we should all be deeply concerned tax cuts actually account for 36 per- longer haul, such low levels of national about the state of our economy—the cent of the $7.6 trillion reversal in what saving could eventually impinge on the persistent unemployment, and the was the 10-year budget outlook for fis- formation of private capital that con- huge budget deficits that are only like- cal years 2002–2011. tributed to the improved productivity ly to grow worse as the administration This is not even taking into account performance of the past half-decade.’’ continues to push its tax-cutting agen- the administration’s soaking up of So- At last month’s Banking Committee da. Contrary to the administration’s cial Security surpluses, thereby reneg- hearing, Chairman Greenspan clearly claims that its tax-cutting agenda is ing on a campaign promise not to raid stated that he would oppose the con- necessary to get the economic growth Social Security. Moreover, the tax cuts tinuation of large deficits in the face of to bring surpluses back, those tax cuts take away resources necessary to en- full employment. Yet the administra- will reduce our economic capacity for sure both Social Security and Medicare tion’s own overly-optimistic forecast many, many years to come. We have long-term solvency. shows deficits persisting after the already seen clear evidence of that, We need to save for the retirement of economy is back to full employment even in the administration’s own esti- the baby boomers, and we are now less and robust economic growth. mates. than a decade away from that wave of By choosing tax cuts over less costly Just this week, a trio of Cabinet Sec- retirement. We don’t have time to and more immediate stimulus for the retaries has been traveling across the ‘‘grow out’’ of the deficits as we might past several years, the President has country on a so-called Jobs and Growth once have back in the 1980s. That allowed the manufacturing sector, a Tour Bus. But there have been no jobs, makes these efforts even more per- hallmark of our country’s economy, to very limited growth. nicious to the economy. fall into a spiraling decline. This ne- And this tour is less of a victory lap The administration has leveled the glect for a vital sector of the economy than a further underscoring of the seri- claim that the deficits would only be has especially hurt the Northeast and ous economic issues that face Amer- temporary. The first chart appearing in the Midwest. ican families.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10892 CONGRESSIONAL RECORD — SENATE August 1, 2003 It appears that for some, the problem from the press, which has been rather Joint Staff and one from OSD policy— of working families struggling to get interesting and good coverage so far, and it all seemed to be ready to go this by merely serves as an excuse to pass and from other documents, official and morning when quite unexpectedly we massive, ineffective, irresponsible, and otherwise. received word from the Department of untargeted tax cuts. We must stay fo- The complexity of this situation is Defense that the briefers would not cused and pass measures that make really considerable. We do have these come. sense and will put our economy on the historical ties dating to the 1840s to I will not dwell further on that proce- right course both now and into the fu- this small country. At times, we have dure. I will say in my 25 years in the ture. taken actions there. At times through Senate, it is most unusual to conduct I yield the floor. the history of this country, we have our affairs in that way between the The PRESIDING OFFICER. The Sen- sort of looked the other way. We have Senate and the Department of Defense. ator from Virginia. gone in before to try to quell disrup- Indeed, I am not sure I know of a prece- dent of that type of abrupt cancella- f tion and violence, but I do not find a long history of strong involvement. We tion, but I will put that to one side and LIBERIA now have a despot who has been elected press on. I did feel it would have been Mr. WARNER. Mr. President, I rise to the highest official post in that helpful, certainly, to this Senator and to address the Senate concerning my country, who has made representation several others—I know one or two on concern—I think there are others who that he will leave subject to certain the Foreign Relations Committee yes- feel similarly—about the crisis situa- contingencies. The President of the terday expressed to me their concerns tion that is rapidly developing in Libe- United States has indicated he wants of where could they get information. ria and the decision framework that to try and help the people subject, Both of those Senators were invited to has confronted, is confronting, and will again, to the Liberian leader taking attend this morning. One of them is on the Subcommittee on African Affairs confront our Government. certain actions. This whole framework and he expressed to me his concern and I carefully use the word ‘‘Govern- is quite unclear. ment’’ because when men and women The Secretary General of the United asked how best he could get involved in in the Armed Forces are sent into Nations visited here 2 weeks ago. I was learning more. I will move on now to this question harm’s way, there is a constitutional privileged to sit in a small meeting about the seriousness of this problem. responsibility on the President as Com- hosted by the distinguished majority mander in Chief and the principal ar- This type of civil war, regrettably, has leader, at which time we expressed our persisted in Liberia for many years. chitect of our foreign policy to make views. He was quite concerned, as I am There are essentially three factions the decision to send them into harm’s quite concerned—I think everybody is now. There is one faction to the sort of way. In no way in my 25 years in the quite concerned who has followed fragile, if almost inconsequential, gov- Senate have I ever once questioned this—about the extraordinary dimen- ernment that is in place today with that constitutional authority. In fact, I sions of human suffering, there is no this despotic leader. Then there is a will match my record—humble as it dispute about that, human suffering as group to the south that refers to them- is—against any Member of this body a consequence of the frightful public selves as the Model, M-O-D-E-L. There with regard to participation in the war record of the current leader in Liberia, is a group in the north that refers to power debates, participation in the res- that leader who has indicated he is themselves as the Lurd, L U-R-D. Both olutions regarding the use of force, willing to leave. of them are a mixture of groups of Li- when we, as a body, are addressing our As I stand here addressing the Sen- berians and others from other areas. responsibilities with regard to the men ate, on orders from the President, a Both groups are now converging on the and women of the Armed Forces. very significant force, largely of ma- central part of the country, Monrovia, The President has a constitutional rines, has progressed from the Horn of and we have witnessed this outbreak right. There is always debate, as re- Africa around to the Mediterranean once again of civil war and the devasta- flected in the history of the War Pow- and is approaching, probably in the tion being wrought on innocent civil- ers Act, to what extent should he con- next 72 hours, a location somewhere off ians. sult and, indeed, to what extent should the coast of Liberia, where the ships So what to do about it? Again, I am he receive the specific concurrence of will be positioned to await such further not prepared to give a clear answer. I the Congress before exercising that orders as the President may direct. would presume the administration is very heavy responsibility. Now, what of the role of the Con- proceeding and in due course will share There are volumes written on this gress? As chairman of the Senate this information, but it is likely one or subject. But for simplicity, clarity, and Armed Services Committee, I had hear- more decisions will be made in the ab- brevity today, I simply say the Con- ings—at least a briefing—at my request sence of the Congress in formal session, stitution gives that right to the Presi- on July 8. The chairman of the Joint so that concerns me because I feel dent and should not be ever in ques- Chiefs provided a very fine team of strongly that congressional involve- tion. To the extent that Congress has briefers where my committee, in S–407, ment in this situation is very impor- the opportunity, through consultation heard their reports. A day or so ago, tant. I go back to our obligation to the and through other actions working recognizing the Congress would soon be men and women in the Armed Forces. with the administration, I believe it is leaving for its August recess, I felt it Once this military force—that is the wise that Congress speak to this issue. wise to set a second briefing of the force at sea—is on station, I anticipate About 4 weeks ago, I appeared on Armed Services Committee to which I that will increase the international ‘‘Meet the Press’’ and somewhat indi- invited really anyone in the Senate pressure on our Government—and I rectly referenced my concern about Li- who wished to join, and also specifi- continue to use the phrase ‘‘govern- beria at that time. I expressed that the cally a group of Senators, of which I ment’’—to become more actively in- need to make a decision was coming am one, who soon will be embarking on volved and send these forces in. Again, down upon this Government, as indeed a trip to the African continent. I was under the Constitution, the President it has, and that it would be wise for the privileged to be included in that trip has every right to make that decision Congress to take a role. I cannot pre- and expressed an interest to go pri- on his own initiative, with or without dict how this body would vote on it if marily because of my concerns of na- consultation with the Congress, and to it got to a vote. But I think the in- tional security in that region and the proceed. volvement of Congress when men and impending Liberian conflict. It had In doing that, I call the attention of women go in harm’s way is a very im- been my expectation that several of the Senate to the military doctrine portant responsibility as coequal those Senators would have joined that has evolved since Vietnam. It was branches of the Government, the exec- today had that briefing gone ahead. my privilege to serve in the Depart- utive and the legislative, and, indeed, Yesterday afternoon, the Department ment of Defense for over 5 years during an obligation. of Defense, following the regular proce- the Vietnam conflict as Navy Sec- I have tried each day to spend some dures we always follow, sent up the retary. That period of history is indeli- time on these issues. I read what I can names of three briefers—2 from the bly etched in my memory, a period of

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10893 history which reflected the Congress (See Exhibit 1.) not dwell on it because I did write that breaking away from successive admin- Mr. WARNER. I have fairly stated report for Senator Stennis. It is some- istrations that were involved in that the basic precedents that I embrace where in the archives. conflict, and the animosity in the Con- wholeheartedly. The Members of the The bottom line, a series of primarily gress against the Department of De- Senate, in general, embrace these mechanical failures, due to dust being fense. I shared my burden of that ani- precedents. taken into the intake systems, pre- mosity, along with three Secretaries of Therefore, I pose rhetorically the vented the consummation of what I Defense whom I served with in that pe- question: As the decision process is still to this day say could have been a riod. Two remain very dear friends and made at this time, given the Congress successful operation. Certainly the valued advisers to me to this day. The will be out of town, that process will be heroics of the men involved who volun- third has passed on. made by the executive branch, the teered for that action were extraor- Out of that conflict, America began President of the United States, assum- dinary. to examine the criteria by which this ing, as he does, full accountability, will John Tower, when he was chairman, Nation should send men and women in those criteria for the use of force be we went together, just the two of us, to uniform into harm’s way—a very intro- the guideline or are we somehow going Beirut shortly after the bombing of the spective, deep reflection on the tragic to make a departure, and if so, what is marine barracks in Beirut, marines losses. My recollection is close to 50,000 that departure? who were sent there for the best of pur- men and women gave their lives in that I fully recognize the dimension of poses to try to alleviate the suffering. conflict in Vietnam, and many more human suffering today and the poten- The tragic loss. were wounded. tial for even greater human suffering Later, I was entrusted to work on the So often in the evening hours of our tomorrow, perhaps the next day. But at report for Somalia. My distinguished duties in the Pentagon in those days, I the same time, I fully recognize to the colleague, good friend, CARL LEVIN, and would, as did the other service Secre- best I have been able to assertain, and I went to Somalia. We worked on that taries, call families and attend funer- I have not been able to assertain it to report. It took us months to interview als. I frequently met with groups re- my complete satisfaction, but there many individuals. How could we have garding their deep concern about that will be an element of risk. I have asked experienced that tragic loss of men and conflict and their losses. I remember not one, not two, but half a dozen dis- women in our Armed Forces at the meeting with the wives of the prisoners tinguished military officers—some ac- hands of savage attacks? That is a of war on regular occasions. Then this tive duty, some not—whether they matter of record, the observations and country unfortunately, in many re- share my concern that there will be a conclusions Senator LEVIN and I put in spects, turned its discontent on the measure of risk should we send troops that report. I don’t want to take any more time men and women of the Armed Forces into Liberia. of the Senate on what I personally themselves. When they would return I made reference to this in hearings have done. Many have done as much, if home from their tours of duty in Viet- we have had in the Armed Services not more, in respective responsibil- nam, indeed there were instances in Committee in connection with the re- ities, but I do draw on some experience. commands in the European theater of appointment of the Chairman of the breakdown in discipline and morale, I am not hesitant to express my own Joint Chiefs of Staff, General Myers concerns about some situations. If I because of the uncertainty surrounding and of the Vice Chairman, General that conflict, the enormity of the were asked today, What should be done Pace. with respect to Liberia, I would simply casualities that we would take. I ask unanimous consent to have I mentioned the background because say, I do not have the facts to make an printed in the RECORD an excerpt from it was important America sit down and informed decision. I hope in the execu- renomination hearing. tive branch there are those who do reflect on those criteria that Presi- The PRESIDING OFFICER. Without dents—and indeed to the extent the have sufficient facts to make an in- objection, it is so ordered. formed decision. Is this situation fol- Congress renders its approval—that (See Exhibit 2.) lowing the doctrine in our national se- Presidents and the Congress should fol- Mr. WARNER. My concern is not just curity interests? I have even seen the low. of today; it has been there for some sig- word ‘‘vital’’ national security inter- A brief summary of that doctrine nificant period of time. This Senator would be that military action should ests used. It has not been answered to has pressed the questions on that situa- be used only as a last resort and only if my satisfaction. tion at every opportunity I have had to there is a clear risk to national secu- If we are going to make a departure date. from the doctrine, is that predicated on rity interests of the United States of I will also reflect on the personal in- America; and at times we take into sound principles that equate, somehow, volvement I have had in addition to the consideration the security interests of to violation of security interests? If so, period in Vietnam. When I first came our valued allies. should we state them? If so, should we So, is there a clear risk to national to the Armed Services Committee, I explain to the people? security by the intended target of our worked under some of the greatest men I strongly believe, as I pointed out, military action? What measure is the I have ever known in the Senate: Scoop that as we ask our men and women to risk to the uniformed American? What Jackson, John Stennis, Barry Gold- take risks, we should, an as executive measure is the risk to his or her life water, John Tower. I try, as best I can, branch, as a legislative branch, have and limb? in my duties as Senator today to draw informed the American people, pre- The force when used should be over- on the wisdom they imparted to me in pared the American—prepared them in whelming and disproportionate to the their teachings. Those men were his- a way to accept such losses as might force used by the enemy. There must toric in proportion to the Senate. I occur. Has that been done? I fear, in be strong support for the campaign by shall never achieve but a small fraction my judgment, it has not been done. the general American public and there of their stature but, nevertheless, hav- I have tried my best to respond to my must be a clear exit strategy from the ing the responsibility, I do my very constituents. I have been questioned conflict in which the military is en- best. about it a number of times. I do not gaged. I remember John Stennis asked me have the facts to my satisfaction. But I have generalized this but I ask to work on a report for him of the ef- it is very clear throughout the history unanimous consent to have printed in fort we made to rescue the hostages il- of that Vietnam experience, we should the RECORD following my statement a legally taken by the Government of have, as I stated, gained the support of very important set of guidelines for the Iran at the embassy. We all remember the general public, the support of the use of force that have been articulated that challenge. The Pentagon prepared families of the men and women in the through the years by our distinguished what I thought was a well thought Armed Forces who must go in harm’s Secretary of State, Colin Powell—the through plan to rescue those hostages. way. That has not, to my satisfaction, so-called ‘‘Powell Doctrine.’’ It was the right thing to do. We put our been done. The PRESIDING OFFICER. Without military at great risk. It was a plan to It is my hope that whatever decision objection, it is so ordered. use covert action and helicopters. I will process has to be made in the absence

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10894 CONGRESSIONAL RECORD — SENATE August 1, 2003 of the Congress will be made and care- Our Armed Forces today, in my hum- I think now our forces will have a fully thought through. If we are going ble judgment, are stretched. We have much clearer understanding, and their to depart from this doctrine on the use seen some questioning the morale. I families—and I repeat—and their fami- of force, if there are geopolitical pres- happen to think the morale is quite lies will have a clear understanding as sures, if there are domestic political high. The recruiting, to the everlasting to their obligation. But always keep in pressures—whatever it is, spell it out: credit of the American spirit, is still mind that there is a tomorrow and a What were the factors taken into con- strong; the retention is still strong. tomorrow, and what we do today in sideration to make such decisions as The All-Volunteer Force has exceeded many ways establishes the foundation may—and I underline may—be made by every expectation we had. of what we can and cannot do on a to- the executive branch when the Con- I was privileged to be part of the morrow. gress is gone, assuming that some deci- framework in the Pentagon, under the I wish our President Godspeed to sions will be made—I don’t predict in leadership of a distinguished Secretary make his decision. And I am hopeful any way what they may be, but assum- of Defense by the name of Melvin that this body will engage itself when ing some decisions are made. Maybe Laird, and a successor Secretary by the it returns from this recess. name of Jim Schlesinger, to envision the decision is not to be involved. EXHIBIT 2 and create and establish the All-Volun- I do fervently hope the Congress be- U.S. SENATE COMMITTEE ON ARMED SERVICES comes engaged when we return, that teer Force. It worked, and worked well. Sir/Madam: There will be a meeting of the we consider whether we have a resolu- But that has its breaking points. Like Committee on Armed Services, Room SR– tion—first at the request of the admin- everything else in life, it has its break- 325, the Caucus Room, Russell Senate Office istration, with the concurrence of the ing points. I am not suggesting we have Building, Thursday, July 24, 2003–9:30 a.m. Senate leadership, and perhaps maybe reached that limit, but we should never To consider the following nominations: take our eye off the fact of that frame- General Richard B. Myers, USAF, for re- some consultation with the committee work, that concept that everyone in appointment as Chairman of the Joint Chiefs chairmen and ranking members who uniform today is there because he or of Staff and reappointment to the grade of are involved in the oversight commit- she has raised their arm and pledged general; and General Peter Pace, USMC, for tees—mine, Foreign Relations, cer- reappointment as Vice Chairman of the allegiance to the Constitution of the tainly the Subcommittee on Appropria- Joint Chiefs of Staff and reappointment to United States and obligated themselves tions, and others. So we go through a the grade of general. to accept the risks of military service. The nominees will be present. process. They do so thinking that the Presi- I was privileged—I remember it so dent, whoever that President may be, Chairman WARNER. My last question would well—in 1991 to be asked by then the and the Congress, whatever the com- relate to Liberia and the decision process distinguished leader, Robert Dole, to position may be, are standing guard, now underway by which the President is try- prepare a resolution for the utilization ing to make an assessment as to the force protecting them and their families, by the President of force in the Persian level and composition that could be put in by protecting them and following the doc- the United States to stabilize a very tragic Gulf in the 1991 conflict. How well I re- trine on the use of force, which pre- member that debate—3 days, 3 nights situation in terms of human suffering. sumably they have some knowledge of But, on the other hand, in my judgment it on this floor of the Senate and then the before accepting these obligations, that is a situation that poses great personal risk vote. And only by a margin of 5 votes doctrine that I have enunciated and to forces such as our forces that could be in- did the Senate adopt a resolution in others have enunciated. jected into that very fast-moving and vola- support of then the first President That is a heavy obligation upon us. tile situation there in Monrovia and the Bush to utilize force in that conflict. We have to make certain that, as these greater Liberia. We had a larger vote with regard to General MYERS. If you will permit me, Mr. conflicts in Afghanistan and Iraq are Chairman, let me just describe the situation the operations in Afghanistan and Iraq. concluded and the goals that we stated We had some closer votes. I worked on that we currently have in Liberia. It hasn’t are reached—goals which enable both changed dramatically in the last 24 hours. these resolutions and so forth and deci- of those nations to achieve a measure But we have a situation where you have a sionmaking by the Congress in the Bal- of democracy and freedom that they leader who has got to go who, as we know, is kan situation. I watched, carefully, all never have had, certainly not in the not a good leader, has not done good things of those matters as they were ad- last 30 years—after that, those succes- for Liberia or, for that matter, has not dressed by this body. sive goals—and there is no doubt that been—been a lot less than helpful to the countries in the region, and so President Now, as we look at this situation in we must be steadfast in our resolve to Liberia, we have a background of an Taylor must leave, and that part is being achieve them—we have to make cer- worked. ongoing conflict in Afghanistan and an tain our Armed Forces remain strong The other thing is that the two rebel ongoing conflict in Iraq. This mighty to meet the unexpected contingencies groups, the two major rebel groups, the Nation is mourning the losses of uni- that arise around the world. Those con- LURD and the MODEL, it is unclear—in fact, formed members of the Armed Forces tingencies that could challenge the it’s, I think the intelligence community every week for some weeks now, doing vital security interests of this Nation. would tell us that it is probably not going to the best we can individually to comfort That means a strong, active, All-Vol- happen that you are going to get political and share the grief of the families. leadership out of these rebel groups, that unteer Force, a strong Guard and Re- they are not a replacement for Taylor. So it Just this week, one Senator ap- serve. proached me: His State suffered a loss, is not clear who is going to step forward in We have to take those steps now to a political sense when the situation settles and how could we facilitate the inter- ensure that they are in place as we down in Liberia, to take over the political ment that this brave soldier deserved complete our mission in Afghanistan leadership. in Arlington in a timely way? Those and Iraq, and indeed in many ways In the meantime, you have a humanitarian steps are being taken. But a number of where our troops are throughout the situation where food, clean water, medical Senators have approached me, and I am world. I think they are on the border of care is a problem. All the nongovernmental glad to help as best I can with this sit- being overdeployed and overextended, organizations that were in there providing uation back home in the context of the those kinds of capabilities have left because and we have to keep a very watchful of the security situation. So it is a situation loss of the brave men and women of the eye. that is, as you have described it, is not a Armed Forces. Early this week, the Secretary of De- pretty situation. It is not going to give way This decision regarding Liberia could fense came up to the Hill along with to any instant fix. Whatever the fix is going superimpose on those losses another General Keane and went over a rota- to be is going to have to be a long-term fix. level. It could. The risk, it seems to us, tion policy which is going to correct— Currently, we have the West African na- to be there—some of us who looked at and I repeat in their words—that tions surrounding that area, to include Nige- this issue. Are we prepared as a nation ‘‘some mistakes were made’’ of late ria, Ghana, Senegal, others, are looking to to accept another circumstance in an- put a force in there to help stabilize the situ- with regard to our troops currently en- ation in Liberia. They, of course, have asked other theater that poses the threat of gaged in the Iraqi conflict. I commend for U.S. support and what the administration more casualties? I come back, is the the general. He recognized that some is doing right now is trying to determine United States of America—its citi- mistakes have been made. They are what is going to be the character of that sup- zens—prepared? going to correct them. port.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10895 As a military person, I am concerned, like would define your mission, and the mission middle of a five-faction civil war complete you, that whatever we do, that we have a would be quite different if Taylor were to re- with terrorists, hostage-takers, and a dozen very clear mission, we understand the mis- main there than if he were gone. And so one spies in every camp, and said, ‘‘Gentlemen, sion we are asked to do, that we have an idea of our planning assumptions is that he will be a buffer.’’ The results were 241 Marines of when the mission is going to be over, in leave, either before or simultaneously with and Navy personnel and a U.S. withdrawal other words, when can we come out of the the troops entering, whether they are from the troubled area. mission, and that we have sufficient force to ECOWAS troops or U.S., or U.S.-supported When force is used deftly—in smooth co- deal with the security situation, that we do ECOWAS troops. ordination with diplomatic and economic not go in on a shoestring when we need ade- policy—bullets may never have to fly. Pull- quate force. EXHIBIT 1 ing triggers should always be toward the end There are other things we can consider, [The first public articulation of the ‘‘Powell of the plan, and when those triggers are but those are probably the three main Doctrine,’’ a most influential mindset pulled all of the sound analysis I have just things. throughout the 1990s—and through the cur- described should back them up. We have looked at options, all sorts of op- rent administration, as well] Over the past three years the U.S. armed tions. There has been no decision made— forces have been used repeatedly to defend EXCERPTS FROM COLIN POWELL, ‘‘U.S. taken on this. I think I will just leave it our interests and to achieve our political ob- FORCES: THE CHALLENGES AHEAD,’’ FOREIGN there, I think. I think in the next few days jectives. In Panama a dictator was removed AFFAIRS, WINTER 1992 we will— from power. In the Philippines the use of To help with the complex issue of the use Chairman WARNER. I would also add, for limited force helped save a democracy. In myself, and I draw that from statements of ‘‘violent’’ force, some have turned to a set Somalia a daring night raid rescued our em- made by our President in earlier days, that of principles or a when-to-go-to-war doc- bassy. In Liberia we rescues stranded inter- there be a clear and identifiable strategic in- trine. ‘‘Follow these directions and you can’t national citizens and protected our embassy. terest, security interest, of this country. go wrong.’’ There is, however, no fixed set of In the Persian Gulf a nation was liberated. That to me remains somewhat to be defined rules for the use of military force. To set one Moreover we have used our forces for human- in this situation, should the decision be up is dangerous. First, it destroys the ambi- itarian relief operations in Iraq, Somalia, made to go forward. guity we might want to exist in our enemy’s Bangladesh, Russia and Bosnia. Can I just draw by way of conclusion your mind regarding our intentions. Unless part All of these operations had one thing in remarks that you concur, that in my judg- of our strategy is to destroy that ambiguity, common: they were successful. There have ment, this is not a risk-free operation, if we it is usually helpful to keep it intact. Sec- been no Bay of Pigs, failed desert raids, Bei- were to undertake it? ond, having a fixed set of rules for how you rut bombings or Vietnams. Today American General MYERS. Mr. Chairman, I don’t will go to war is like saying you are always troops around the world are protecting the think any operation like this is risk-free. We going to use the elevator in the event of fire peace in Europe, the Persian Gulf, Korea, have three, at least three warring factions, in your apartment building. Surely enough, Cambodia, the Sinai and western Sahara. the LURD, the MODEL, the two rebel when the fire comes the elevator will be en- They have brought relief to Americans at groups, and the government forces them- gulfed in flames or, worse, it will look good home here in Florida, Hawaii and Guam. selves. They are all armed. They are not dis- when you get in it only to fill with smoke Ironically enough, the American people are ciplined troops as we know them. There are and flames and crash a few minutes later. getting a solid return on their defense in- a lot of young people fighting in these But do you stay in your apartment and burn vestment even as from all corners of the na- groups. It is potentially a dangerous situa- to death because your plans call for using tion come shouts for imprudent reductions tion. the elevator to escape and the elevator is un- that would gut their armed forces. So when you go into it, you need to go into tenable? No, you run to the stairs, an outside The reason for our success is that in every it knowing that. It may be that we can go in fire escape or a window. In short, your plans instance we have carefully matched the use terms of support for these ECOWAS forces. to escape should be governed by the cir- of military force to our political objectives. And ECOWAS countries have come forward cumstances of the fire when it starts. We owe it to the men and women who go in and volunteered forces. They will need some When a ‘‘fire’’ starts that might require harm’s way to make sure that this is always equipping and some training, some of the committing armed forces, we need to evalu- the case and that their lives are not squan- forces will, before they go in. So it is a little ate the circumstances. Relevant questions dered for unclear purposes. longer-term issue and it is a matter of include: Is the political objective we seek to Military men and women recognize more months, probably not weeks, for some of achieve important, clearly defined and un- than most people that not every situation those forces. Some of them probably can get derstood? Have all other nonviolent policy will be crystal clear. We can and do operate in there fairly quickly, but small numbers. means failed? Will military force achieve the in murky, unpredictable circumstances. But And then eventually I believe Kofi Annan objective? At what cost? Have the gains and we also recognize that military force is not up at the U.N. said this will become a U.N. risks been analyzed? How might the situa- always the right answer. If force is used im- mission at some point. And that all has to be tion that we seek to alter, once it is altered precisely or out of frustration rather than blended into this. by force, develop further and what might be clear analysis, the situation can be made But I will go back to the larger issue. the consequences? worse. There is a political situation there with the As an example of this logical process, we Decisive means and results are always to president of a country, a ‘’democracy,’’ and can examine the assertions of those who be preferred, even if they are not always pos- how they deal with President Taylor, where have asked why President Bush did not order sible. We should always be skeptical when he goes, what this interim government is our forces on to Baghdad after we had driven so-called experts suggest that all a par- also important to our security situation. the Iraqi army out of Kuwait. We must as- ticular crisis calls for is a little surgical And that is a somewhat cloudy picture sume that the political objective of such an bombing or a limited attack. When the ‘‘sur- today. order would have been capturing Saddam gery’’ is over and the desired results is not Chairman WARNER. General Pace, you had Hussein. Even if Hussein had waited for us to obtained, a new set of experts then comes experience in your previous command before enter Baghdad, and even if we had been able forward with talk of just a little escalation— becoming Vice Chairman, in terms of Cen- to capture him, what purpose would it have more bombs, more men and women, more tral and South America, do you have any served? And would serving that purpose have force. History has not been kind to this ap- views to add to those of the Chairman, Gen- been worth the many more casualties that proach to war-making. In fact this approach eral Pace? would have occurred? Would it have been has been tragic—both for the men and General PACE. Sir, my experience in Soma- worth the inevitable follow-up: major occu- women who are called upon to implement it lia is a little more akin to the potential ex- pation forces in Iraq for years to come and a and for the nation. This is not the argue that perience in Liberia. And I would echo what very expensive and complex American the use of force is restricted to only those General Myers just said, that it is poten- proconsulship in Baghdad? Fortunately for occasions where the victory of American tially a very dangerous situation. And when America, reasonable people at the time arms will be resounding, swift and over- we—if we are asked to do something mili- thought not. They still do. whelming. It is simply to argue that the use tarily, we need to make sure we do it with When the political objective is important, of force should be restricted to occasions the proper numbers of troops and that we be clearly defined and understood, when the where it can do some good and where the prepared for the eventualities of having to risks are acceptable, and when the use of good will outweigh the loss of lives and other take a military action. force can be effectively combined with diplo- costs that will surely ensue. Wars kill peo- Chairman WARNER. Thank you, Senator matic and economic policies, then clear and ple. That is what makes them different from Levin. unambiguous objectives must be given to the all other forms of human enterprise. Senator LEVIN. Just on that Liberian issue, armed forces. These objectives must be firm- When President Lincoln gave this second would you recommend going in unless Taylor ly linked with the political objectives. We inaugural address he compared the Civil War is either gone or on his way out as we arrive? must not, for example, send military forces to the scourge of God, visited upon the na- General MYERS: So far, that has been one into a crisis with an unclear mission they tion to compensate for what the nation had of the planning assumptions that we made, cannot accomplish—such as we did when we visited upon its slaves. Lincoln perceived that otherwise, you get into a situation that sent the U.S. Marines into Lebanon in 1983. war correctly. It is the scourge of God. We General Pace knows only too well, and it We inserted those proud warriors into the should be very careful how we use it. When

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10896 CONGRESSIONAL RECORD — SENATE August 1, 2003 we do use it, we should not be equivocal: we and were usually closed to only mem- research utilizing the mouse colony to should win and win decisively. If our objec- bers and very few staff. address the need to study gene function tive is something short of winning—as in our Joseph is actively involved in his and apply that knowledge to curing air strikes into Libya in 1986—we should see church and community. He is a senior human diseases. For this research our objective clearly, then achieve it swiftly and efficiently. member of Asbury U.M. Church in ORNL is participating in a statewide I am preaching to the choir. Every reason- Brandywine which is pastored by W. effort known as the Tennessee Mouse able American deplores the resort to war. We Otto Kent. In addition to being a mem- Genome Consortium, a group that in- wish it would never come again. If we felt ber of the Prince Hall Masons, he is a cludes the University of Tennessee/ differently, we could lay no claim whatso- vice president of the Danville Floral Knoxville, the University of Tennessee/ ever to being the last, best hope of earth. At Park Citizens Association. Memphis, Vanderbilt University, the the same time I believe every American real- In closing, I just want to offer a spe- University of Memphis, St. Jude Chil- izes that in the challenging days ahead, our cial thank you to Joseph for all his wishes are not likely to be fulfilled. In those dren’s Hospital, Meharry Medical Col- circumstances where we must use military outstanding contributions to the Sen- lege and East Tennessee State Univer- force, we have to be ready, willing and able. ate Appropriations Committee over the sity. Where we should not use force we have to be past 31 years and wish him the best of Bill’s leadership and commitment wise enough to exercise restraint. I have fi- luck in all his future endeavors. have truly made a difference at ORNL nite faith in the American people’s ability to f and throughout Tennessee, and I thank sense when and where we should draw the him for his service. I wish him all the HONORING DR. BILL MADIA line. best in his future endeavors. Mr. STEVENS. Mr. President, I rise Mr. FRIST. Mr. President, I rise f today to salute a very special person, today to recognize a true leader in the Joseph C. Chase, of the Senate Appro- science community and to thank him SENATE ENERGY AND WATER AP- priations Staff who retired yesterday for his hard work on behalf of Ten- PROPRIATIONS BILL SECTION 205 after 31 days of service in the Senate. nessee and the Nation. After 3 years as Mr. BINGAMAN. Mr. President, be- When asked for his wisdom and ad- Director of the Oak Ridge National fore we adjourn for the August recess, vice after such a long period of distin- Laboratory, Dr. Bill Madia will be step- I’d like to make a brief statement re- guished service, Joseph smiled and eas- ping down to return to Battelle head- lated to Section 205 of the Senate En- ily responded by saying ‘‘deal with peo- quarters in Columbus, OH as the Exec- ergy and Water appropriation bill. ple as they are and always in a positive utive Vice President for Laboratory While we have not yet taken up this way.’’ Operations. During his tenure in Oak bill on the Senate floor, I expect that Joseph C. Chase was born on March Ridge, Bill has had a tremendous im- we will do so very quickly once we re- 18, 1948. He was raised in Brandywine in pact not only on the laboratory, but on turn from the August recess. I would Prince Georges County. He is a grad- the Oak Ridge community as well. therefore like to provide my views on a uate of Gwynn Park Senior High Bill Madia came to ORNL to con- provision that has received significant School in 1967 and attended Bowie tinue the lab’s tradition of world-class attention in New Mexico. State University from 1968 to 1970 scientific research dating back to the Section 205 is a provision that ad- where he majored in physical education Manhattan Project, and to advance its dresses endangered species issues in the and studied to be a teacher. work on critical Department of Energy Middle Rio Grande in New Mexico. As a Joseph comes from a large family. He missions. His presence was felt imme- threshold matter, let met state that I is the tenth child in a family of 11, nine diately, as he took on an ambitious support the approach taken in Section boys and two girls. In 1988, he donated laboratory revitalization effort which 205 to address the ongoing conflict be- a kidney to his brother Andrew Chase included building new facilities to ex- tween water use and the ESA in the who worked for the Sergeant at Arms. pand research capabilities, upgrading Middle Rio Grande basin. While there He has been married to his lovely existing facilities to enhance ongoing is a remaining issue about the interpre- wife Peggy Elsey Chase for 29 years. research, and tearing down outdated tation of one aspect of the language in The Chases met in 1969, and were mar- facilities to relieve the lab from unnec- that section, I have worked with Sen- ried on July 27, 1974. Peggy has been a essary overhead costs. ator DOMENICI to address that issue and teacher for over 30 years. The Chases The cornerstone of this revitalization we will follow-up on that matter when have two children, a daughter effort is the Spallation Neutron the bill comes to the floor. JoVonna, born August 1, 1977, and a son Source, a $1.4 billion dollar user facil- The conflict in the Middle Rio Joseph Jr., born August 21, 1983. The ity that will be the most powerful ma- Grande was exacerbated by a recent de- have one granddaughter, Kylah who is chine of its kind in the world. Under cision by the Tenth Circuit Court of 31⁄2. Bill’s watchful eye, the SNS has re- Appeals. Section 205 responds to that Joseph’s family legacy on Capitol mained on schedule and on-budget. decision. I think it is an appropriate Hill started over 60 years ago with his Alongside the SNS is the site for the response because it provides a level of uncle Lewis Brooks, age 89, who new Center for Nanophase Materials certainty for water users in the basin worked on the House side as a door- Sciences, the first of DOE’s cutting- but leaves intact the requirements and keeper. Over the years, more than 20 edge nanoscience centers. Down the goals of the Endangered Species Act. members of Joseph’s family have hill is the upgraded High Flux Isotope Let met explain that in more detail. worked on Capitol Hill. After working Reactor; the combination of these As many of my colleagues have al- as a driver for Master Distributors and three facilities has ORNL poised to be- ready heard, the decision by the Tenth Brody Brothers Trucking, Joseph come a premier neutron science labora- Circuit Court of Appeals in the case of started working for the Senate Ser- tory. Rio Grande Silvery Minnow v. Keys re- geant at Arms in July of 1972. He then Bill’s vision for ORNL also includes quires the Bureau of Reclamation to came to the Senate Appropriations scientific computing, and with the re- reallocate water from the San Juan- Committee in March of 1973 under the cent completion of the Center for Com- Chama project if necessary to meet the chairmanship of Senator John McClel- putational Sciences, one of the most requirements of the Endangered Spe- lan. In total, Joseph has worked for the modern computer laboratories in the cies Act. What is remarkable about Senate for over 31 years. world, ORNL is ready to be a major this decision—which needs to be re- Since that time, Joseph has wit- participant in the Department of Ener- dressed in my view—is that the San nessed the growth in size and power as gy’s high-end supercomputing pro- Juan-Chama project water is not na- well as a host of other changes on the grams. tive to the Rio Grande basin. It is Senate Appropriations Committee. On the biological sciences front, the water that originates in the San Juan When Joseph started it consisted of old ‘‘Mouse House’’ is being replaced River basin, and is brought over as a only 30 people—today we have 95. Full with a new facility, the Laboratory for supplemental water supply for use in committee meetings and conferences Comparative and Functional the Rio Grande basin. Use of this were held in the Old Supreme Court Genomics. This updated lab will keep water—quite simply—has not caused Chamber, would last for days and days, ORNL on the cutting edge of genetic the decline of the Rio Grande silvery

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10897 minnow, nor does it further jeopardize logical opinion is not the end of the (At the request of Mr. DASCHLE, the the existence of that species. The story. I also expect that the Secretary following statement was ordered to be Court’s decision, however, disregards of the Interior will aggressively pursue printed in the RECORD.) these facts and erroneously directs the other actions to promote the recovery EXTENSION OF CHAPTER 12 OF Bureau of Reclamation to reduce water of endangered species in the Middle Rio THE BANKRUPTCY CODE deliveries to project contractors such Grande, including support for the ef- ∑ as the cities of Albuquerque and Santa forts of the Middle Rio Grande ESA Mr. FEINGOLD. Mr. President, I am Fe, if necessary to meet the needs of Collaborative Program. The Collabo- pleased that the majority has finally endangered species. This result is not rative Program has been very success- cleared H.R. 2465, to extend Chapter 12 consistent with the intent of section ful in bringing together a diverse group of the Bankruptcy Code for another six 7(a)(2) of the ESA, and therefore unrea- of parties to work towards common months. As a consponsor of companion sonably creates an uncertain water restoration goals in the Middle Rio legislation, S. 1323, I have been work- supply situation for a number of com- Grande. It will continue to be key to ing to get this done ever since the munities in New Mexico. the recovery effort and I will continue House passed its bill on June 23 by a This situation needs correction and to support funding its work. vote 379–3. Chapter 12 expired at the the intent of section 204 is to do just end of June. It is unfortunate that it that. It eliminates reclamation’s dis- Before yielding the floor, I want to took an entire month for the Senate to cretion to unilaterally take water from specifically address some ongoing con- take up this simple bill that keeps in San Juan-Chama contractors and re- cerns with Section 205. First, Governor place special simplified bankruptcy allocate it for ESA purposes. Section Richardson in New Mexico has been provisions for family matters. But with 205, however, preserves voluntary working with all the parties to the on- the harvest season just around the cor- transactions by which Reclamation can going litigation to try and develop a ner in many of our States. I am pleased meet the needs of the endangered fish. comprehensive settlement to the dif- that the Senate has taken this action. This is how business has been done ficult issues in the Middle Rio Grande. We have helped many farmers who are since 1996, and that process is allowed That settlement, while not yet secured, in difficult financial straits. That is a to continue. is within reach. If finalized, it will good thing. Section 205 also includes a subsection likely address a broader range of issues It is high time that the Congress that legislates the sufficiency of the than the approach in Section 205. The made chapter 12 permanent. It has been ten-year biological opinion addressing concern being expressed is whether the in place since the mid-1980s and has water operations in the Middle Rio Section 205 could be modified to ac- worked well. Along with the Senator Grande. I understand that protecting a commodate legislation associated with from Iowa, Mr. GRASSLEY, I have cham- biological opinion through Federal leg- any potential settlement. I want to en- pioned taking this step along with the islation is not insignificant. Nonethe- sure Governor Richardson and the par- number of important improvements to less, there are several reasons why I be- ties at the table that I will remain chapter 12, including adjusting the in- lieve this approach is appropriate in open to consider any settlement pro- come limitations for inflation, which this content. First, there has been an posal that may be developed as part of has never been done. The major bank- endless cycle of litigation over water that process. A more comprehensive so- ruptcy bill that has been before the operations in the Middle Rio Grande. lution, particularly one developed by Congress for a number of years in- We simply need some level of certainty all the parties together, is a preferred cludes those improvements. I oppose for water users if we are to proceed to approach that deserves substantial at- the overall bankruptcy bill, but I be- address the long-term requirements of tention and consideration. lieve that the provisions dealing with the ESA. Second, it is important to The Middle Rio Grande Pueblos have chapter 12 can and should be passed keep in mind that compliance with the also expressed concern that their water independently. Family farmers in dif- biological opinion not only ensures supplies are not protected in Section ficult financial situations deserve our compliance with the ESA, but should 205. On this point, I think it is clear support. I applaud the Senate for fi- serve to improve water-supply and that the Tenth Circuit’s decision does nally passing this short extension, and habitat conditions in the Middle Rio not provide any basis for the Secretary I hope we will make chapter 12 perma- Grande. The Biological Opinion con- of the Interior to assert discretion over nent before the end of the year, when tains a reasonable and prudent alter- the Pueblos’ available water supply another extension will be necessary.∑ native, or ‘‘RPA’’, that emphasizes a and unilaterally reallocate such water f broad approach to conserving endan- for endangered species purposes. The (At the request of Mr. REID, the fol- gered species in the Middle Rio Grande. Pueblos’ legal status is different from lowing statement was ordered to be It requires minimum river flows based the project contractors covered by the printed in the RECORD.) on the annual available water supply, Tenth Circuit’s decision. In fact, it is PASSAGE OF THE ENERGY BILL and includes spring releases to trigger highly questionable whether any provi- silvery minnow spawning activity. The sion of law gives the Secretary discre- ∑ Mr. KERRY. Although I was not RPA also contains No. 1, requirements tion over the Pueblos water similar to present to vote on the Energy bill for significant habitat improvements, that determined by the Tenth Circuit. passed last night, I would like the including fish passage at the San Aca- Nonetheless, it is premature to conclu- Record to reflect my opposition to the cia diversion dam; No. 2, population en- sively address that issue at this time. I bill and the process by which it was hancement activity; and No. 3, water will, however, continue to work with passed. quality improvements in the basin. the Pueblos, as well as Senator DOMEN- I voted for the Democratic Energy As a fall-back, to ensure continued ICI on this issue, to determine if a bill, H.R. 4, last Congress. When the survival of the silvery minnow if the modification to this legislation should same bill came up for a vote last night RPA does not significantly improve its be considered. as S. 14, I was announced against it. status, the legal coverage provided by The reason is that debate on the En- I hope this statement provides a the biological opinion lapses if minnow ergy bill was closed down prematurely clear explanation on why I am sup- mortality exceeds the limits defined in before consideration of important pro- porting the legislative approach set the opinion’s incidental take state- visions such as renewable portfolio forth in Section 205.I believe that it is ment. In that event, the Federal agen- standards, clean air standards, and cli- a reasonable response to the issues con- cies will need to re-consult with the mate change could even take place. fronting my state—and one that should U.S. Fish & Wildlife Service to ensure Furthermore, there is no indication avoid being the basis for an Endan- that the survival of endangered species that the Senate and House conference gered Species Act fight. I thank Sen- is not jeopardized. committee is going to lead to any type As a final matter, although I believe ator DOMENICI for working with me on of meaningful bipartisan negotiations. that the approach in Section 205 will this provision and I urge my colleagues In fact, the Republican leadership has maintain progress in recovering the to support this language. already boasted they will do little if minnow, mere compliance with the bio- I yield the floor. anything to defend the Senate position.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10898 CONGRESSIONAL RECORD — SENATE August 1, 2003 Instead, they have announced that in- not bumped to a less desirable time, million worth of broadcast vouchers tention to rewrite the bill in con- many candidates in competitive races would be made available to be used to ference. Apparently the Senate process end up paying premium prices instead place political advertisements on tele- has little meaning in this regard. It of the lowest unit charge. vision and radio stations in each two- was just a ticket to a conference com- Television stations have taken this year election cycle. As conceived in mittee and a free hand in drafting a law, intended to benefit public dis- our bill, this system will be financed by partisan bill. course and to ensure that candidates a spectrum use fee of not more than The Nation needs a progressive, for- are not penalized prior to an election, one percent of the gross annual reve- ward-looking energy policy that and have turned it upside down. Can- nues of broadcast license holders. And strengthens our national energy secu- didates end up paying dramatically third, it closes loopholes in the ‘‘lowest rity, safeguards consumers and tax- more than the lowest unit rate. And as unit rate’’ statute in order to ensure payers, and protects the environment. the costs to campaigns balloon, can- that candidates receive non- Unfortunately, I believe passage of this didates, incumbents and challengers preemptible time at the same adver- legislation has put us on a fast track alike, must scramble for funds so they tising rates that stations give to their towards creation of an extreme Energy can give them right back to the tele- high-volume, year-round advertisers. bill in conference that abandons each vision stations. Until we get to the heart of what is and every one of those core principles.∑ A $200,000 media program buys a few driving up the cost of political cam- f 30-second slivers of time to deliver paigns, we cannot achieve real cam- ideas and views on the public airwaves. (At the request of Mr. DASCHLE, the paign finance reform. And at the heart following statement was ordered to be It takes just a moment to broadcast it, of skyrocketing campaign costs is the and if a viewer-voter gets up to get a printed in the RECORD.) cost of television. Our legislation will sandwich in the kitchen when it airs, help reduce the amount of money in OUR DEMOCRACY, OUR AIRWAVES they miss it. But raising the funds to ACT politics by making the public airwaves pay for the ill-fated spot still requires more accessible for political speech. ∑ Mr. DURBIN. Mr. President, I am asking 4,000 people to make a $50 cam- The airwaves belong to America and to pleased to join my colleagues, Senators paign contribution. As former Senator the taxpayers, and the network sta- JOHN MCCAIN and RUSS FEINGOLD, in Bill Bradley observed several years tions simply must give time back to introducing S. 1497, the Our Democ- ago: Today’s political campaigns are challengers and incumbents across the racy, Our Airwaves Act of 2003. This collection agencies for broadcasters. United States if we’re going to succeed legislation complements the reforms You simply transfer money from con- in putting a stop to the money chase accomplished through the Bipartisan tributors to television stations. and the millions of dollars being spent And as time ticks down to election Campaign Reform Act of 2002 by ad- on campaigns. dressing an essential element omitted day and the demand for television ads Only by providing candidates an op- from the law: the demand side of fund- goes up, the stations raise their rates portunity to purchase time at afford- raising. dramatically. Not only are rate costs able rates and imposing a modest and As I emphasized during the Senate for political ads inflated, stations are reasonable obligation on broadcasters debate two years ago, simply dealing not covering the campaigns in their to air at least two hours per week of with the supply side of political cam- news segments in any significant way. candidate or issue-centered program- paigns—the sources of campaign con- Last week, findings from two instruc- ming in the weeks before election day tributions—misses the point. If we tive studies were published, which am- can we hope to return Our Democracy, truly want to reform political cam- plify these problems and underscore Our Airwaves to the American people.∑ paigns in America, we must address the why enacting the Our Democracy, Our role of television. Television was once Airwaves Act is so important. f a tiny part of political campaigns, but A study published by the Alliance for it has grown exponentially. Better Campaigns based on a survey of NOMINATION OF DANIEL BRYANT Spending on television in political more than 37,000 political ads on 39 Mr. GRASSLEY. Mr. President, I rise campaigns has skyrocketed. The $1 bil- local television stations in 19 states today to state before this body that I lion spent in 2002 by candidates, par- found that the average price of a can- object to proceeding to the consider- ties, and issue groups for political didate ad rose by 53 percent from the ation of Daniel Bryant, executive spots set a record for any campaign end of August through the end of Octo- nominee to the Department of Justice. year and doubled the amount spent in ber of last year. According to findings Mr. Bryant is nominated to be Assist- the 1998 midterm election. It rep- in another nationwide survey released ant Attorney General, Office of Legal resented a four-fold increase in what last week by the Lear Center Local Policy at DOJ. I have placed a hold on was spent in 1982, even adjusting for in- News Archive, a collaboration between this individual because I have numer- flation. What we are witnessing is ever the University of Southern California ous outstanding issues that have yet to more intensive efforts by candidates of Annenberg School’s Norman Lear Cen- be resolved by the Department of Jus- both political parties to raise money ter and the Wisconsin NewsLab at the tice. More specifically, I have several for television and radio stations to de- University of Wisconsin-Madison, view- outstanding written requests before liver their messages to the American ers looking for campaign news during the Department of Justice. Some of people. the height of the election season last these requests are more that 6 months What is often overlooked in this dis- year were four times more likely, while overdue. In addition, I am presently cussion is that the airwaves belong to watching their top rated local news- working with the Department of Jus- the American people. Broadcasting sta- cast, to see a political ad rather than a tice to overcome a number of proce- tions are trustees of the lucrative elec- political story. At the same time, those dural issues directly affecting my abil- tromagnetic spectrum. Broadcasters stations took in record-breaking ity, as a member of the Judiciary Com- pay nothing for their exclusive licenses amounts of political advertising rev- mittee to, among other things, conduct and are allowed to use the publicly- enue. oversight of the Department of Justice, owned airwaves on one condition: that The Our Democracy, Our Airwaves and the Federal Bureau of Investiga- they serve the public interest. Act addresses these concerns in three tions. Since 1971, Federal law has required ways. First, it requires that television that in the 45 days preceding a primary and radio stations, as part of the public f election and the 60 days prior to a gen- interest obligation they incur when eral election, candidates are entitled to they receive a free broadcast license, ADDITIONAL STATEMENTS the lowest unit charge for broadcast air at least two hours a week of can- media rates for the same class and didate-centered or issue-centered pro- amount of time for the same period. gramming during the period before J. MARC WHEAT But for all practical purposes, this elections. Second, it enables qualifying ∑ Mr. LEAHY. Mr. President, I rise mandate has been meaningless. In federal candidates and national parties today to pay tribute to Marc Wheat, order to secure their preferred time to earn limited ad time by raising who is leaving the State Department’s slots and guarantee that their ads are funds in small donations. Up to $750 Bureau of Legislative Affairs after 2

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10899 years of outstanding service. As a Sen- from a renovation and expansion of the four years on the bench, Judge ior Advisor for Senate Affairs, Marc football stadium to the addition of a McKnight received a 97% approval rat- Wheat worked closely with my staff on 100,000-watt public radio station and ing from attorneys polled by Court the Foreign Operation Subcommittee the installation of a world-class me- Watch of North Carolina. on a range of important and controver- chanical organ in McCray Hall. In 1997, After four years of exemplary service sial issues—from Plan Colombia to re- the university completed its largest on the North Carolina state court, construction in Afghanistan to Iraq. single capital project with the con- Judge McKnight was appointed a To be sure, my staff tells me that struction of the Kansas Technology United States Magistrate in May 1993. Marc was a tireless and forceful advo- Center, a $28-million facility to house Judge McKnight has continued to build cate for the State Department’s posi- the university’s nationally recognized his reputation as an outstanding judge, tion on these, as well as other issues. technology programs. The Kansas earning the respect of lawyers and liti- But, they also emphasize that he was Technology Center continues to play a gants throughout the state. always honest and forthright, respond- vita role in the university’s growth and I can’t tell you how many calls and ing promptly and fully to the commit- development and is a significant eco- letters I have received from people tee’s requests for information. Perhaps nomic development tool for the four- from across North Carolina telling me what comes through the most is what a state region. what an exceptional jurist and person decent and genuine person Marc is. As it celebrates its centennial, Pitts- Brent McKnight is. These folks attest That was obvious to me when I met burg State University now has an en- to Judge McKnight’s impeccable legal him after a committee hearing with rollment of more than 6,700 students. professionalism, both as a prosecutor Secretary Powell. The university offers a wide variety of and a Judge. I have no doubt that The State Department’s loss is a gain highly regarded programs in its Col- Judge McKnight will continue this for the House of Representatives. Marc leges of Business, Arts and Sciences, record of excellence as a United States is leaving his job at the State Depart- Education and Technology. Known as a District Judge. ment to be the Staff Director of the comprehensive regional university I was delighted to wholeheartedly support the nomination of Brent Government Reform Subcommittee on serving Kansas and the four-state re- McKnight and am pleased that the full Criminal Justice, Drug Policy, and gion that includes Oklahoma, Missouri Senate has confirmed him to the Human Resources. I know Marc will be and Arkansas, Pittsburg State attracts United States District Court for the a great asset to Chairman SOUDER in students from more than 25 states and Western District of North Carolina. I his new position. This is the latest 40 countries. Among its 55,000 alumni, wish him and his family—his wife Beth move in a distinguished career for PSU counts Pulitzer Prize winners, sci- and their three boys, Brent, Matthew Marc, which includes service as a Coun- entists, CEOs of some of the world’s and Steven—well as he embarks on this sel on the House Commerce Committee largest corporations, and even a former next phase of his admirable career. I and Legislative Assistant to Congress- Miss America. Moreover, PSU is also to am confident that Judge McKnight, a man HASTERT. be admired for the model relationship consensus nominee who represents the I know my staff will miss working of kindness and mutual assistance it mainstream of our state, will continue with Marc, and I wish him the best of has maintained with the Kansans in its to serve the people of North Carolina luck in his new job.∑ local community. and the United States with distinc- I welcome this opportunity to com- f tion.∑ memorate all that Pittsburg State Uni- CENTENNIAL ANNIVERSARY OF versity has done to enrich the lives of f PITTSBURG STATE UNIVERSITY its students and its surrounding com- MYRA HYDE ∑ Mr. BROWNBACK. Mr. President, munity. I sincerely commend and ∑ Mr. BOND. Mr. President, as Co- today I recognize the centennial of thank PSU for its 100 years of faithful Chairman of the Senate Beef Caucus, I Pittsburg State University in Pitts- service.∑ recognize and commend Ms. Myra Hyde burg, KS. The institution that is today f for a decade of service on behalf of Pittsburg State University opened its America’s cattlemen. Mr. President, doors on September 8, 1903, in a bor- CONFIRMATION OF H. BRENT MCKNIGHT TO THE U.S. DISTRICT for 10 years, Ms. Myra Hyde has served rowed building in downtown Pittsburg as the National Cattlemen’s Beef Asso- with 54 students and five faculty. From COURT FOR THE WESTERN DIS- TRICT OF NORTH CAROLINA ciation’s director of environmental these humble beginnings, Pittsburg issues where she diligently worked on ∑ State University has grown into a com- Mr. EDWARDS. Mr. President, I am land use, conservation policy, and prehensive state university of regional, very pleased that last night the Senate property rights issues. This month, she national and international stature. voted to confirm Brent McKnight, an leaves the cowboys for the administra- In 1903, the fledgling school offered outstanding North Carolina lawyer and tive pastures at the Department of In- only elementary courses in manual jurist, to the U.S. District Court for terior’s Fish and Wildlife Service. training, domestic science, domestic the Western District of North Carolina. Ms. Hyde’s contribution to progres- art, and a few basic academic subjects. Judge McKnight, currently serving sive and responsible conservation poli- Yet by 1912 the school’s enrollment had as US. Magistrate, has a stellar record cies and practices are known by those increased to 1,183 students and it was of achievement and excellence. A na- who work with her as well as those who described as a ‘‘College for Teachers.’’ tive of Mooresville, North Carolina, he have had the unenviable task of lock- In the coming years, dedicated admin- received his BA from the University of ing horns against her in the notori- istrators and faculty worked to raise North Carolina Chapel Hill and his law ously rough and tumble debate on re- the standards of the institution to the degree at the University of North Caro- source management. She is a proud point that it merited and received rec- lina School of Law. He was a Rhodes Texan, which is a compliment even ognition as a liberal arts college. Scholar, earning an MA and Diploma in outside of Texas. Following World War II, the campus Theology at Oxford University. Let me conclude by saying that those grew rapidly. Soldiers returning from Judge McKnight served as Assistant she leaves behind will sorely miss her the war came in droves, thanks to the District Attorney for the State of expertise, honesty and sense of humor. G.I. Bill, and new buildings emerged all North Carolina from 1982 through 1988, Ms. Hyde has been a true friend of over campus. The college’s mission and when he was elected District Court America’s cattlemen as well as many enrollment continued to expand as Judge for the 26th North Carolina Judi- of us serving here in Congress. She will well. In 1977, the college achieved uni- cial District. During this time, we in be of great value as a servant of the versity status and assumed its current North Carolina first saw the superior public at Interior. On behalf of the cau- name, Pittsburg State University. qualities that Judge McKnight brought cus, we wish Myra good luck and ask The decade of the 1990s was a time of to the bench—temperance, fairness, at- her keep in mind the challenges faced unprecedented growth of PSU. Enroll- tention to detail and an abiding com- by the hard working people who en- ment passed the 6,000 mark for the first mitment to and concern for equal jus- deavor to feed the people of our nation time in 1991. Major additions ranged tice under the law. In fact, after just and much of the world.∑

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10900 CONGRESSIONAL RECORD — SENATE August 1, 2003 RECOGNIZING DR. JAY GOGUE bique, Australia, and the Czech Repub- I believe that government’s first duty ∑ Mr. BINGAMAN. Mr. President, I rise lic. is to defend its citizens, to defend them to honor Dr. Jay Gogue, who has served These accomplishments would be against the harms that come out of as president of New Mexico State Uni- enough to satisfy most people, but not hate. The Local Law Enforcement En- versity since July 2000 and who will de- Linda! In her mid-40s, she went to col- hancement Act is a symbol that can part this August. A native Georgian, lege to New School University, where become substance. I believe that by President Gogue received his doctorate our friend and former colleague, Bob passing this legislation and changing in horticulture from Michigan State Kerrey, now serves as President. Linda current law, we can change hearts and ∑ University. He then held many signifi- earned her Bachelor’s degree in Psy- minds as well. cant positions including: chief scientist chology in 2000, graduating with a 3.9 f grade point average, GPA. While she for the National Park Service, vice IN RECOGNITION OF RACHEL M. president for research at Clemson Uni- was earning her BA, Linda started Black/Max Productions with her friend, CLEMENTS AND LEAH M. versity and provost at Utah State Uni- CROWDER versity. Ann Black. The two of them are busy ∑ Mr. DOMENICI. Mr. President, today From the outset, President Gogue’s developing innovative and educational I recognize the hard work and inquisi- highest priority has been increasing children’s programming. tive spirit of two young New Mexicans: academic opportunities for New Mexico In July 2000, Linda and her husband Rachel Clements and Leah Crowder. State University students and faculty. Mike, daughter Charlotte, and dog These two home-schooled eighth grad- Under his outstanding leadership, the Sally moved to Newport Beach and now ers from Albuquerque, NM, captured university expanded distance education live in Laguna Beach. At present, top honors at the Northwestern New programs, increasing enrollment by Linda is a few semesters shy of earning Mexico Regional Science Fair for their about 70 percent last year. Addition- a Master’s degree in clinical psy- project: ‘‘The Effect of Bosque Fires on ally, President Gogue encouraged pri- chology from Pepperdine University’s Graduate School of Education and Psy- Saltcedar Growth.’’ vate donations, considerably increasing As we all know, science fairs are held funds for the university. Recognizing chology. This September, she’ll begin work as a trainee in marriage and fam- every year, in nearly every part of the the long-term benefits of solid rela- Nation. Likewise, there are many re- tionships within the local and state ily therapy at Pepperdine’s Community Counseling Center. She is currently markable projects exhibited at these arenas, he built strong associations be- events. The Clements-Crowder project tween the university, alumni and the working as head of marketing and spe- cial events coordinator at the Cannery focused on a scientific issue that is of New Mexico legislature. great concern to New Mexico: the Throughout his tenure at New Mex- Restaurant in Newport Beach. Linda finds the time, somehow, to tamarisk plant, also known as ico State University, President Gogue get her poetry published and to be ac- saltcedar. They conducted their study has continually been an exceptional, tive in charitable affairs in her com- over the span of 2 years, and their re- consummate leader and tireless advo- munity and at St. Margaret’s Episcopal sults are noteworthy. cate for New Mexico State University; School in San Juan Capistrano, where On the west side of the Rio Grande, his accomplishments will be long re- her daughter Charlotte will be entering Rachel and Leah enthusiastically membered. I wholeheartedly thank him the 10th Grade this fall. Meanwhile, her sought to understand how cottonwood for his dedication and wish him well in husband Mike is Creative Director at canopies affect saltcedar growth and all his future endeavors.∑ Heil-Brice Retail Advertising, HBRA, explore the usefulness of prescribed f in Newport Beach and the two of them burning as a means of eradication. Their findings showed that more BIRTHDAY GREETINGS TO LINDA are on the brink of opening one or saltcedars grew in burned than in un- MAXWELL ROBERTSON more ‘‘It’s a Grind’’ coffee shops in Or- ange County. burned areas. The results of their ∑ Mrs. FEINSTEIN. Mr. President, I I know that Linda is an inspiration project reinforce the necessity of mov- take this opportunity to extend warm to all who know her, especially her ing quickly to restore the hundreds of birthday greetings to a constituent of family—her younger brother, Gray, acres of the Bosque that were recently mine, Linda Maxwell Robertson. Linda served as my legislative director for burned. will be turning 50 on September 1st. two years. It’s a pleasure to send her While visiting our Nation’s Capital Linda is an unusual woman who pur- birthday greetings. I could tell her to this past month, they were kind sued a career in commercial film pro- keep up the great work, but I don’t enough to share their findings with me. duction in New York City right out of think it’s necessary!∑ While further study is necessary to high school. She started as a produc- f verify them, their conclusions add to tion assistant and rapidly rose through the knowledge necessary to deal with the ranks so that, at the ‘‘ripe old age’’ LOCAL LAW ENFORCEMENT ACT this threat to our water. This is the of 26, she co-founded her own produc- OF 2003 sort of information that I hope my bill, tion company with a partner, Mark ∑ Mr. SMITH. Mr. President, I speak the Saltcedar Control Demonstration Ross. Within a few years, her company about the need for hate crimes legisla- Act, will uncover and put to use. We had annual billings in excess of $8 mil- tion. On May 1, 2003, Senator KENNEDY must discover the best ways to eradi- lion. Later, Linda established a com- and I introduced the Local Law En- cate this invasive species, as it will mercial production company in New forcement Enhancement Act, a bill help New Mexico to conserve its most York for noted Hollywood directors that would add new categories to cur- precious resource, water. Ridley and Tony Scott and Patrick rent hate crimes law, sending a signal As those of us who reside in the Morgan. Linda is a Past President of that violence of any kind is unaccept- Southwest are well aware, water is the East Coast Chapter of the Associa- able in our society. scarce. On the other hand, saltcedar is tion of Independent Commercial Pro- I would like to describe a terrible an exotic, invading water thief. The ducers, AICP, and a current member of crime that occurred in Manchester, majority of the large rivers and tribu- the Directors Guild of America. NH. On October 15 and 16, 2001, a 43- taries within the State have become In addition to her work-related re- year-old woman bumped and elbowed overrun with saltcedar which drives sponsibilities, Linda served as a media her Muslim neighbor while the two out desirable vegetation and reduces consultant to the Partnership for a women passed in the stairwell of their the ability of riparian areas and water- Drug-Free America and was the Execu- apartment building. The victim fell, ways to provide habitat diversity for tive in Charge of Production for the bruising her elbow and hip. On the pre- wildlife. These invaders must be dealt United Nations’ worldwide campaign to vious day, the woman approached her with decisively and quickly. celebrate its 50th anniversary. In that Muslim neighbor, pushed and harassed Through their curiosity and keen capacity, she produced commercials in her with insults and epithets, calling sense of purpose, Rachel and Leah have North America, South America, Eng- her ‘‘Middle East Trash’’ and ‘‘ter- provided insight into a devastating land, Thailand, South Africa, Mozam- rorist.’’ problem for New Mexico. In a sense,

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10901 they have issued an even bigger chal- studied at Brasenose College, Oxford, nue and Glassell Street, which is now lenge to address the saltcedar problem. from 1950 to 1953. Chapman University’s Wilkinson Hall. I am proud of these two young people, Having myself enjoyed the great ex- It was not until 1953 that it moved to and I salute their pursuit of knowl- perience of studying at Oxford Univer- its current site on Shaffer Street. edge.∑ sity on a Rhodes Scholarship, I natu- As those close to Orange High School f rally take pride in the achievements of celebrate this special occasion, they OXFORD UNIVERSITY AWARDS John Brademas. I am sure that mem- can reflect on the school’s progress and JOHN BRADEMAS HONORARY DE- bers of both the Senate and House of historical milestones. The school news- GREE Representatives, on both sides of the paper, ‘‘The Reflector,’’ celebrated its aisle, join me in congratulating our first issue in 1916. The following year, ∑ Mr. SARBANES. Mr. President, I was former colleague on this high honor.∑ the Class of 1917 painted a large ‘‘O’’ on among a number of former Rhodes a local hillside, which started a well- Scholars present on July 3, 2003 at the f known tradition lasting through the Sheldonian Theatre in Oxford, Eng- THE 50TH ANNIVERSARY OF THE 1960s. 1928 marked the beginning of an- land, when our distinguished former PINEWOOD DERBY other famous school practice, the colleague in the House of Representa- ∑ Mrs. BOXER. Mr. President, it is my ‘‘Dutch/Irish Days,’’ with a basketball tives, John Brademas, was awarded the privilege today to recognize the 50th game played between graduates of St. honorary degree of Doctor of Civil Law Anniversary of the Pinewood Derby. In John’s Lutheran School, the ‘‘Dutch,’’ by Oxford University. Dr. Brademas, 1953, Donald Murphy of Torrance, CA, and Orange Intermediate School, the who served in the House of Representa- initiated the first Pinewood Derby, an ‘‘Irish.’’ The game was last played in tives from 1959 to 1981, 22 years, the activity that has been enjoyed by mil- 1965. In 1970, Orange High opened a sta- last 4 as majority whip, represented lions of Cub Scouts and their families dium in honor of 1912 Olympic cham- the then Third District of Indiana. to date. pion and class of 1911 alumnus, Fred Described in the degree citation as ‘‘a Mr. Murphy devised a miniature race man of varied talents and extraor- Kelly. On the school’s 75th anniversary car from a block of pinewood and asked in 1978, a museum opened in the Town- dinary energy, the most practical of his employer, the North American academics, the most scholarly of men send Room. Aviation, to sponsor a race of the mini- I would like to conclude my remarks of action,’’ Dr. Brademas was praised ature cars for his son’s Cub Scout for sponsoring laws in Congress ‘‘which by describing a tradition some alumni troop. He hoped the event ‘‘would fos- from the Class of 1943 started about 15 gave important support to colleges, li- ter a closer father-son relationship and braries and cultural activities’’ and for years ago. They started to meet for promote craftsmanship and good breakfast once a month at Watson’s promoting ‘‘legislation to help the sportsmanship through competition.’’ weak by Federal subventions for those Drug and Soda Fountain, a place near The Pinewood Derby quickly became a the ‘‘Dobner Building.’’ David Hart, an in need.’’ staple event for Cub Scout Packs. The citation, presented by Oxford Orange High alumnus, was quoted in Today, Pinewood Derbies are fun the Orange County Register on the cen- University’s new Chancellor, Chris Pat- family endeavors that encourage cre- ten, also hailed Dr. Brademas, who tennial as saying, simply, ‘‘We like ativity, develop skills, and promote each other . . . I have breakfast with served as President of New York Uni- teamwork. At each race, cars with versity from 1981 until 1992, on having kids I went to kindergarten with . . . unique paint jobs and designs dem- Other schools don’t have that.’’ This become ‘‘president of one of the great- onstrate the pride and sense of accom- est universities’’ and for ‘‘collecting unique feeling of closeness and friend- plishment that participants have in ship clearly shows the meaning of Or- enormous sums of money’’ for NYU. their Derby entries. Read in Latin by Oxford’s Public Ora- ange High School its alumni. As the ‘‘father’’ of the Pinewood I congratulate both Orange High tor, the citation noted that Dr. Derby, Mr. Murphy can be proud that Brademas had studied at Harvard, School and Orange High School Dis- the Derby has enriched the lives of trict on this important milestone, and earned a Ph.D. at Oxford with a study children and families across the coun- of Spain and, ‘‘mindful of his Greek an- wish them many more years of suc- try for half a century. Please join me cess.∑ cestry, is a founder of the Center for in recognizing the Pinewood Derby and Democracy and Reconciliation in Mr. Murphy’s role in its success.∑ Southeast Europe.’’ Said Chancellor f Patten, in presenting the degree to Dr. f Brademas: THE 100TH ANNIVERSARY OF OR- THE 100TH ANNIVERSARY OF You have had an outstanding career; you ANGE HIGH SCHOOL AND 50TH HOLLYWOOD HIGH SCHOOL have played a distinguished role in political ANNIVERSARY OF THE ORANGE ∑ Mrs. BOXER. Mr. President, I wish to life, while for the academy you have caused UNIFIED SCHOOL DISTRICT reflect on the proud history of Holly- a golden stream of benefaction to gush forth. ∑ Mrs. BOXER. Mr. President, I wish to wood High School, which is celebrating In commenting on the award, John reflect on the proud history of Orange its centennial on September 13. In Sexton, current President of New York High School, which is celebrating its some ways, Hollywood High School University, said: centennial this year. This is a particu- lives up to its name. Judy Garland, John Brademas shaped the transformation larly special moment because the Or- Mickey Rooney, and Lana Turner were of NYU into the great university it is today. He came to us already a world citizen and he ange Unified School District is also on the school’s roster. Carol Burnett made us a world university. And today, as celebrating its 50th anniversary this was the editor of the school paper. And our President Emeritus, he continues to play year. scores of other celebrities received a major role through his counsel and his Earlier this summer, more than 220 their education at Hollywood High. enormous efforts on our behalf. friends and alumni gathered at an Hollywood High has certainly grown Dr. Brademas was the only American event called ‘‘From Kibby to French’’ significantly from its humble begin- so honored by Oxford during cere- in honor of the district’s first super- nings. monies marking the Centenary of The intendent, Harold Kibby, and current It opened in 1903 on the second floor Rhodes Trust, which administers the superintendent, Bob French. The high of a former bakery located on Highland Rhodes Scholarships. The other former school and district have come a long Avenue. It had an enrollment of 56 stu- Rhodes Scholars awarded degrees were way since its humble beginnings many dents, and only three teachers were on Robert J. L. Hawke, former Prime Min- years ago. the payroll. Two years later, construc- ister of Australia; Rex Nettleford, Orange High School opened in the tion on a Roman-temple style building former Vice-Chancellor of the Univer- ‘‘Dobner Building’’ on September 21, was underway at the intersection of sity of the West Indies; and David R. 1903 as Orange County’s fourth high Sunset Boulevard and Highland Ave- Woods, Vice-Chancellor of Rhodes Uni- school. In its first year, it had an en- nue, and this is where the school still versity, South Africa. rollment of 81 students. A few years stands today. A graduate, B.A., magna cum laude, later, it moved from the ‘‘Dobner Over the years, Hollywood High’s of Harvard University, Dr. Brademas Building’’ to a building at Palm Ave- student population grew to include not

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10902 CONGRESSIONAL RECORD — SENATE August 1, 2003 only Hollywood celebrities, but also Medal for meritorious achievement foundation of freedom, and by his em- leaders in American government, and while serving as Executive Officer and phasis that freedom depends on our re- in many other fields. Former Secretary Director of Staff of the 376th Expedi- specting the diversity and dignity of of State Warren Christopher graduated tionary Wing at Manas Air Base in the cultures of humanity. He evoked from Hollywood High, as did Judge Kyrgyzstan from 6 November 2002 to 6 irony to signal the paradox of life, the John Aiso, the first Nisei appointed to May 2003 in support of Operation En- necessity for good humor in all things, the federal bench. during Freedom. and the need to see things as they real- Hollywood High School provides a Major Hamel was recognized by the ly are rather than how they may ap- myriad of services to students inter- United States Air Force for ‘‘out- pear. ested in the performing arts. In part- standing leadership . . . essential to His nickname artfully combined both nership with Paramount Studios, it ad- the effective prosecution of operation inspiration and irony. The original ministers the New Media Academy. Enduring Freedom and the fight ‘‘Dixie Walker’’ was, as those of us old Hollywood High also has a winning de- against global terrorism.’’ As Director enough to remember that irreverent bate team, award-winning dance and of Staff, he ‘‘acted as a catalyst in vir- baseball player, the antithesis of our drill teams, and a Performing Arts tually every aspect of the wing’s day- elegant friend and mentor ‘‘Dixie.’’ Magnet Center. to-day operations resulting in efficient Perhaps that is why our ‘‘Dixie’s’’ Mr. President, it is clear that Holly- and seamless coordination among the nickname seemed so comfortable. It wood High has enjoyed a colorful and eight-nation coalition.’’ His leadership calls attention to the ever present iro- successful history, and I congratulate as Wing Executive Officer enabled the nies and tragedies of life and how they can be surmounted with humor and hu- the school, staff and students on this Wing Commander to focus his time on mility as well as with virtue, excel- special occasion.∑ combat sorties and the successful de- lence, and compassion. He left us an livery of weapons on target in Afghani- f enduring legacy of good jokes, pro- stan. He is cited for ‘‘exemplary leader- THE 75TH ANNIVERSARY OF CAMP found cultural insights, and admoni- ship, personal endeavor, and devotion SAN LUIS OBISPO tions to check our self-assuredness by to duty’’ which reflects ‘‘great credit deeper reflection. The nickname ∑ Mrs. BOXER. Mr. President, I wish to upon himself and the United States Air reflect on the 75-year history of Camp ‘‘Dixie’’ made the point without heavy Force.’’ handed fanfare. San Luis Obispo in my home State of Major Hamel’s accomplishments also Time has happily eroded the identity California. A celebration of this special show great credit to the Rhode Island of the original profane ‘‘Dixie Walker’’ anniversary will be held on August 22, Air National Guard and the state of and our ‘‘Dixie’’ has given a distin- 2003. Established in 1928, Camp San Rhode Island. His selfless service to guished luster of scholarly and ambas- Luis Obispo then Camp Merriam has Rhode Island and the nation is an ex- sadorial dignity to the nickname. served our state and nation well: as a ample of all the men and women from Transforming seemingly valueless and training site for the California Na- my state who volunteer to help keep unfamiliar things into new and greater tional Guard, as a training and staging our nation safe from threats around worth is his legacy that goes far be- base for the U.S. Army during World the world. yond the burnishing of an old nick- War II and the Korean War, and now as I echo the praise of the United States name into a mark of honor. The name the home of the Guard’s California Air Force in recognizing Major Hamel ‘‘Dixie Walker’’ will forever be insepa- Military Academy. with the award of the Bronze Star rable from the dramatic defense and Camp San Luis Obispo was estab- Medal. I ask my colleagues to join with then flourishing of freedom in East lished in the years following World War me today in thanking Major Hamel on Asia over the past six decades. Many I, when it was recognized that a train- behalf of a grateful nation for his un- brave Americans and courageous ing site for the Guard was needed. The selfish service to our country.∑ Asians of all cultures and social condi- federal government began using the f tions deserve our reverence for their camp just before World War II. The sacrifice and dedication to this still in- camp was active throughout the war, IN MEMORY OF RICHARD ‘‘DIXIE’’ WALKER complete and perilous cause that at and by the end of the war in 1944, it had this very hour is threatened by poten- ∑ expanded to 15,433 acres and had the Mr. HOLLINGS. Mr. President, late tial nuclear conflict. ‘‘Dixie’s’’ legacy ability to serve more than 20,000 last month South Carolina lost one of in the cause demands to be honored for troops. During the Korean War, the our most distinguished citizens, and I reasons that may still not be widely Army trained soldiers at the South- rise today to salute Richard ‘‘Dixie’’ understood yet are fundamental to an west Signal School that opened in 1951. Walker. appreciation of his enduring endow- In July 1965, the State of California Dixie was a scholar in East Asian ment to freedom, not alone in Asia. regained control of the camp. With the studies. He brought an international Conspicuous in our memory is ‘‘Dix- closure of California military installa- studies institute to the University of ie’s’’ historic ambassadorship to the tions during the past ten years, the South Carolina in the 1960s, when such Republic of Korea, the longest serving centrally-located Camp San Luis programs were not being offered any- in our history, punctuated with ten- Obispo has served as a resource for where in the South. In the 1980s Presi- sion-filled drama in the aftermath of Guard and Reserve units. dent Reagan asked him to be the Am- assassinations, the bloody military During the past 75 years, Camp San bassador to South Korea, and he was suppression of a popular uprising, the Luis Obispo has provided an important one of the most successful ever. Soviet destruction of a Korean com- service to the California National To share with my colleagues just how mercial airliner with total and tragic Guard and to our nation. This historic much Dixie meant to all of us back loss of life, and student protests advo- camp has served as a training site dur- home, I ask that this very eloquent cating democratic reforms to mention ing some of our nation’s most difficult homage to him be printed in the only a few. Navigating the treacherous national security challenges. RECORD. It was written by John shoals of the Korean spirit was never I congratulate Camp San Luis Obispo McAlister, who studied under Dixie at expected to be the ideal of a morning on this milestone, and commend the Yale University in the 1950s. calm. In the storms, ‘‘Dixie’’ was a California National Guard for their The homage follows: firm unflustered pilot whose naviga- noble service over the years.∑ Ambassador Richard L. Walker has tional recommendations helped f brought inspiration and irony to all steersmen set the course to a safer har- who have had the privilege to be his bor of Korean democracy, to winning MAJOR ANTHONY W. HAMEL friend, student, or compatriot in the the Olympic Games for Seoul, to cam- ∑ Mr. REED. Mr. President, I rise cause of freedom. He inspired us by his puses now filled with free debate, and today to recognize the accomplishment eloquent testimony to the universal to a prosperity of today unimagined at of Major Anthony W. Hamel of the values of freedom, by his articulation the beginning of his ambassadorship. Rhode Island Air National Guard. MAJ of the human anguish at freedom’s Conspicuous also to us is ‘‘Dixie’s’’ Hamel was awarded the Bronze Star lack, by his insistence on the cultural historic leadership in bringing new

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10903 vigor and distinction to one of Amer- freedom is what awaits our reflection. 2nd Marine Expeditionary Brigade. His ica’s oldest universities. Carolina now What has been true for China is true fellow soldiers called him ‘‘Chuckles’’ has global reach thanks in part to elsewhere. Tyrants don’t endure. Free- for his outgoing personality and sense graduates of the Institute of Inter- dom prevails when peoples unite in of humor. national Studies that now bears ‘‘Dix- their common humanity while giving When it came to serving his country, ie’s’’ name. These graduates now are respect and dignity to those things though, Ahn was all business. He knew leaders in their own right in positions that make them different from one an- that the path he had chosen was a dan- of great responsibility in the cause of other. Power by the few yields to the gerous one, but he also knew that the freedom, endowing their own col- freedom of the many when unity is causes he represented—freedom, de- leagues, students and friends with the based on cultural diversity and dignity. mocracy, and opportunity—were worth inspiration given to them by ‘‘Dixie Brave Americans are once again risk- fighting for. Walker.’’ Their names may sometimes ing their lives for freedom, our own and Ahn Chanawongse’s American dream be awkward for the native Carolina that of subject peoples, fighting in far was a dream cut short—but his story is tongue to pronounce or for the Caro- off lands whose cultures defy our pop- an inspiration to us all. And his brav- lina ear to comprehend. But these dis- ular comprehension and confound our ery, heroism, and valor will not be for- tinguished foreign leaders will forever leader’s predictions. Our military gotten. be linked in their hearts and spirit to strength is absolutely indispensable for On behalf of the United States Sen- Carolina and to the undying example of this fight. Alone, it is insufficient. ate, the State of Connecticut, and all their mentor. Once again as so frequently over the of America, I offer my deepest grati- Less widely known than his history- past half century, we find how closely tude to Corporal Kemaphoon making ambassadorship and Carolina our own freedom is linked to lan- Chanawongse for his service to the leadership is his landmark scholarship guages, cultures, religions, family pat- United States of America. My utmost on communism in China, the con- terns, and traditions that we do not sympathies go out to Ahn’s mother, troversy it sparked a half century ago know and for which there has been lim- Tan Patchem, his stepfather Paul, his brother Kemapawse, and to all of his when it first appeared, the fierce criti- ited study. What to do? ‘‘Dixie Walk- friends and family.∑ cism he endured, and the rightful vin- er’s’’ living legacy will always be there dication he never sought and not even to remind us that freedom is never to f grudgingly received. In the winter of be taken for granted and cannot be as- TRIBUTE TO HALINA GRABOWSKI 1956–57, the Yale University Press pub- sured without our learning about, un- ∑ Mr. DEWINE. Mr. President, I rise lished ‘‘China Under Communism: The derstanding, respect, and nourishing of today to honor and remember the life First Five Years’’ one of the first the cultures of the human family on of an extraordinary woman—a woman scholarly analyses of China under which it is founded. who experienced events that exist to Chairman Mao. The book was the focus Farewell beloved friend! You will live most of us merely as stories in our his- of a front page review in the Sunday forever in our hearts and everywhere tory textbooks. I am proud to call this New York Times Book Review. Praise that freedom is cherished.∑ woman a fellow Ohioan—one who, as a came from the informed public and was f teenager, fought in the Warsaw Upris- widespread. ing against the invading Germans. But there were academic critics who IN MEMORY OF KEMAPHOOM CHANAWONGSE This woman, Halina Grabowski, lived lamented the book as an ‘‘anti-com- her life with a rare courage and loy- ∑ munist tract.’’ At the heart of the con- Mr. DODD. Mr. President, I honor the alty, and her level of service to human- troversy was the assertion in certain memory of Marine CPL Kemaphoom ity is something to which we all should scholarly quarters that communism in Chanawongse, of Waterford, CT, who aspire. Halina recently passed away in China was legitimate because it was was killed in action earlier this year in Cleveland at the age of 75. I would like founded on timeless Chinese cultural Iraq. to share her amazing story with my traditions. ‘‘Dixie’s’’ view was the re- Mr. President, those of us who are colleagues in the Senate. verse. He asserted that Maoist privileged to live in this great Nation Halina was born in 1928 to a home- authoritarianism would not last pre- of ours know that its greatness is root- builder and his wife in Warsaw, Poland. cisely because of its attempted de- ed in its people—people who have come She grew up as one of 12 children living struction of Chinese culture. Twenty to this country over the years from comfortably in the city. However, the years and millions of lives later, ‘‘Dix- lands near and far, and have succeeded outbreak of World War II changed for- ie’s’’ view prevailed because Maoism in making extraordinary contributions ever the kind of life she and her family was what he said it to be. Maoism did to their new home. And there is no knew. not outlive Mao. Chinese culture suf- greater contribution, no greater sac- The German army swept through Po- fered deterioration from which full re- rifice, than the one made by land in September 1939. As we know all covery will not be quick. Many past Kemaphoom Chanawongse. too well, the atrocities the Nazis in- and current leaders and their families CPL Chanawongse, who was known flicted on the Polish people were truly were jailed, some killed. The pain for as ‘‘Ahn,’’ came to this country from horrific. Halina and her family were China lingers on but cultural renewal Thailand with his mother and step- unable to escape the occupiers. Her is accelerating. A kind of ‘‘Dixie Walk- father when he was just a young boy. house was burned to the ground and er’’ focus on underlying fundamentals He soon learned to speak English, but her brother died in her arms following of culture is steadily gaining momen- also retained his native Thai. He en- a brutal beating by German soldiers. tum in music, dance, visual arts, mo- joyed architecture and engineering, Halina’s mother was killed when Ger- tion pictures, science, religion, and in and was a budding artist. man planes bombed the church in public debate. China is on its way to From the very beginning, Ahn which she was seeking refuge. At this new levels of cultural achievement as seemed destined to serve his country. point, most of us would give up—but he said it would when freedom began to His family had a proud tradition of not Halina. In the midst of this devas- take hold. military service—his grandfather and tation, she decided to join the resist- Why should the controversy and un- his uncle were both veterans of the ance movement in Warsaw. pleasantness of China a half century Thai Air Force, and his stepfather The Warsaw Uprising erupted out of ago be retold at a time of homage and served in the United States Navy. Even the city’s ghettoes on August 1, 1944. remembrance? Why not let the past re- at an early age, Ahn would dress up in After the Jews resisted early efforts to main in the past? After all, a vaunted his stepfather’s uniform, perhaps quell the rebellion, masses of German tradition among Carolina natives is the knowing that someday, he would reinforcements entered the city with warning not to look too deeply into the proudly wear one of his own. an order to kill all of its inhabitants. past lest unwanted things be found. Ahn graduated from Waterford High Despite the threat, Halina joined the What is to be gained? An under- School in 1999, and joined the Marines Armia Krajowa, or Home Army. standing of the essence of ‘‘Dixie’s’’ life shortly afterwards. He served with the Even though the Home Army was and his insights into the character of 1st Battalion, 2nd Marine Regiment, greatly disadvantaged, they fought

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10904 CONGRESSIONAL RECORD — SENATE August 1, 2003 fiercely and bravely. Halina was as- Birute Smetona—an exceptional help support her family, Birute took signed to duties as a messenger, nurse, woman and an exceptional Ohioan who buses for a time from her family’s pub- and guard. During the resistance, her passed away recently at the age of 91. lic housing in Euclid to homes in Shak- foot and arm were severely injured by Birute was a gifted musician, who lived er Heights to give piano lessons. But German shells. However, rather than a life of great courage and persever- eventually, she was able to build a full succumbing to her injuries, Halina ban- ance. She was a beloved figure and an schedule at her own home. She soon re- daged herself and returned to her unit. inspiration to all who knew her in her turned to the concert stage and went Several times, she and her comrades Cleveland-area community. on to perform in major cities, including escaped enemy troops by crawling Birute, born in Subacius, Lithuania, New York, Chicago, and Washington. through sewers and fighting off rats. began her distinguished career as a In Cleveland, she belonged to and Despite their courageous efforts, the concert pianist by soloing with the performed for the Fortnightly, Home Army eventually ran out of food, symphony orchestra in Kaunas—then Cecilian, and Music and Drama clubs of medicine, and ammunition. The Ger- the capital of Lithuania. She went on Cleveland. While living in Cleveland mans captured Halina and her unit and to graduate from the Lithuanian Na- Heights, Birute shared her gift with sent them to concentration camps in tional Conservatory in 1935, where she the community and taught for years at Germany. met her future husband Julius, an ath- the Cleveland Music School Settlement The resistance engaged the German lete and an assistant law professor who and Ursuline College. Birute was also a occupiers for 63 days of intense fight- was also the son of Lithuania’s Presi- visiting instructor at Youngstown ing—the longest Polish resistance bat- dent Antanas Smetona. After the start State University, Appalachian State tle fought during World War II. In addi- of World War II, she had to leave a re- University, and the School of Fine Arts tion to its length, the Warsaw Uprising spected music conservatory in Paris to in Willoughby. was the greatest military operation un- return to Lithuania with her husband While known as a gifted performer, dertaken by any resistance movement and infant son, Anthony. During the Birute Smetona was also a devoted in Europe at the time. It was an amaz- trip, they sometimes had to get off mother and exceptional teacher. Her ing act of courage and overwhelming their train and walk alongside because two surviving sons, Anthony of Cleve- valor. When it was over, more than sections of track had been destroyed as land Heights and V. Julius of Medina, 200,000 Polish people had lost their a result of the War. both followed in their mother’s foot- lives fighting for their freedom. When they arrived in Lithuania, the steps to become concert pianists and Halina survived the War. She sur- Smetona family found their native teachers. Birute was dedicated to her vived the ghetto, the resistance, and a land changed. Birute’s life, which up students. She taught them to avoid a German concentration camp. Through- until that point may have seemed like stiff appearance when playing by using out this, she also managed to find the a modern-day fairy tale to some, was a supple, flowing motion of hand, wrist, love of her life—George Grabowski. about to be thrown into a state of up- and forearm. Most of all, Birute was They married in England in 1948 after heaval. Amidst the ever-present dan- well known for her unique ability to they left Germany. In 1952, Halina and gers of a war creeping closer and closer clearly explain difficult musical con- George moved to Cleveland, and al- to home, Birute and her family made cepts in a way that even children could though she lived as an American for the difficult decision to leave Lith- understand. the next 50 years, her ties to her home uania—the home they loved so dearly— Birute was a strong, courageous, and country were never severed. exceptionally talented mother, instruc- Halina served as an officer in the Pol- in search of a better life. Birute and her family left Lithuania tor, and pianist. She was a vibrant ish American Congress, PAC, an um- in June 1940, just as the Soviet army member of the Cleveland community, brella organization of 3,000 Polish- was entering the country. While Rus- and I am proud to honor her life—a 91- American organizations and clubs. The year journey and adventure. I extend PAC promotes civic, educational, and sian troops initially stopped them at my condolences to her entire family— cultural programs designed to further the border, they ultimately allowed to her two sons, her nine grand- not only the knowledge of Polish his- them to pass into Germany. From tory, language, and culture, but also to there, the family was constantly on the children, and to all who knew and stimulate Polish-American involve- move, living in Switzerland, France, loved her. She will be truly missed, but ment in the United States. Addition- Spain, and Brazil all in the space of a will remain forever a testament to the ally, Halina served as a member of the little over a year. character and depth of courage of the ∑ organization of Polish Veterans Com- Eventually, Birute and her family ar- Lithuanian community in Ohio. batants and the SPK Polish service or- rived in Chicago in 1941, before finally f settling in Cleveland, where Birute’s ganization. MESSAGES FROM THE PRESIDENT While much of her new American life husband found work as a factory la- Messages from the President of the was dedicated to Polish causes, Halina borer for just 65 cents an hour. The United States were communicated to was also a devoted mother and wife. Smetona family was living on the sec- the Senate by Ms. Evans, one of his She had a daughter and a son, who she ond floor of a house on Ablewhite Ave- secretaries. raised while working for twenty years nue when a sudden fire consumed it. in the payroll department of Society Tragically, Birute’s father-in-law, the f National Bank. former President Smetona, lost his life EXECUTIVE MESSAGES REFERRED in the blaze, unable to escape from Halina lived through one of the most As in executive session the Presiding harrowing events the world has ever where he lived in a converted attic on the floor above them. Officer laid before the Senate messages seen. However, she did not let it over- from the President of the United whelm her. Rather, she courageously These were difficult times for Birute and her family. After all that Birute States submitting sundry nominations fought for her freedom and never gave which were referred to the appropriate up. Halina was awarded Poland’s A.K. and her family had been through—from having to leave their homeland of Lith- committees. Cross and four other medals for her (The nominations received today are service in the Home Army. I offer my uania to losing Julius’s beloved father and having their home destroyed— printed at the end of the Senate pro- condolences to her entire family—espe- ceedings.) cially to her husband George; their two Birute and her family started over yet f children, Theresa and John; and their again. As a testament to her strength seven grandchildren. of character, Birute endured at a point MEASURES READ THE FIRST TIME Halina Grabowski was an amazing in her life when many others less deter- The following bills were read the first woman—we will never forget her.∑ mined and courageous than she would time: f have crumbled under the sheer pressure H.R. 2799. An act making appropriations of all the adversity her young family TRIBUTE TO BIRUTE SMETONA for the Departments of Commerce, Justice, suddenly faced. and State, the Judiciary, and related agen- ∑ Mr. DEWINE. Mr. President, I rise Birute held steadfast, however, and cies for the fiscal year ending September 30, today to honor and pay tribute to truly flourished in Euclid, Ohio. To 2004, and for other purposes.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10905 H.R. 2861. An act making appropriations and Consolidated Billing for Skilled Nursing me of the pertinent contributions made by for the Departments of Veterans Affairs and Facilities’’ (RIN0938–AL20) received on July them. To the best of my knowledge, the in- Housing and Urban Development, and for 29, 2003; to the Committee on Finance. formation contained in this report is com- sundry independent agencies, boards, com- EC–3609. A communication from the Regu- plete and accurate.) missions, corporations, and offices for the lations Coordinator, Center for Medicare and 1. Self—amount, date, donee: $1,000, 2/21/03, fiscal year ending September 30, 2004, and for Medicaid Services, Department of Health Senator Judd Gregg Committee; $1,000, 11/14/ other purposes. and Human Services, transmitting, pursuant 02, Terrell for Senate; $1,000, 9/23/02, f to law, the report of a rule entitled ‘‘Medi- Forrester 2002; $1,000, 9/17/02, Friends of Ses- care Program, Inpatient Rehabilitation Fa- sions Senate Committee; $210,000, 7/08/02, Re- EXECUTIVE AND OTHER cility Prospective Payment System for FY publican National State Elections Com- COMMUNICATIONS 2004 Rates’’ (RIN0938–AL95) received on July mittee; $1,083.68, 6/27/02, John Cornyn for 29, 2003; to the Committee on Finance. Senate, Inc., In-kind contribution for ex- The following communications were EC–3610. A communication from the Regu- laid before the Senate, together with penses for in-home fund-raiser in excess of lations Coordinator, Center for Medicare and exempt amounts; ($1,083.68), John Cornyn for accompanying papers, reports, and doc- Medicaid Services, Department of Health Senate, Inc., Reimbursement received on 7/ uments, and were referred as indicated: and Human Services, transmitting, pursuant 31/02 from John Cornyn for Senate, Inc., for EC–3599. A communication from the Ad- to law, the report of a rule entitled ‘‘Medi- 6/27/02 in-home fund-raiser; $5,000, 5/01/02, ministrator, Rural Utilities Service, Depart- care Program: Changes to the Inpatient Pro- NRCC Trust; $1,000, 4/30/02, Friends of Jeb ment of Agriculture, transmitting, pursuant spective Payment Systems and Fiscal Year Hensarling (General election); $1,000, 4/30/02, to law, the report of a rule entitled ‘‘Exten- 2004 Rates’’ (RIN0938–AL89) received on July Cantor for Congress; $2,000, 4/24/02, Thune for sions of Principal and Interest’’ (RIN0572– 29, 2003; to the Committee on Finance. South Dakota (Primary and general elec- AB79) received on July 29, 2003; to the Com- EC–3611. A communication from the Gen- tions); $2,000, 2/06/02, John Cornyn for Senate, mittee on Agriculture, Nutrition, and For- eral Counsel, National Credit Union Admin- Inc.; $1,000, 1/16/02, Friends of Jeb Hensarling estry. istration, transmitting, pursuant to law, the (Primary election); $1,000, 1/11/02, Friends of EC–3600. A communication from the Presi- report of a rule entitled ‘‘12 C.F.R. Part 740, Katherine Harris; $1,000, 1/11/02, Tim Hutch- dent and Chairman, Export-Import Bank of Accuracy of Advertising and Notice of In- inson Senate Committee; $5,000, 12/27/01, Re- the United States, transmitting, pursuant to sured Status’’ (7535–01–U) received on July 29, publican Jewish Coalition PAC; $5,000, (this law, a report relative to a transaction in- 2003; to the Committee on Governmental Af- contribution was inadvertently attributed to volving U.S. exports to the Republic of Pan- fairs. me when it should have been attributed to ama; to the Committee on Banking, Housing, EC–3612. A communication from the Direc- my wife Nancy C. Marcus. We have contacted and Urban Affairs. tor of the Office of Management and Budget, KPAC to ask that they correct the error), 8/ EC–3601. A communication from the Dep- Executive Office of the President, transmit- 27/01, KPAC; $20,000, 5/08/01, Republican Na- uty Chief Counsel, Office of Foreign Assets ting, pursuant to law, a report on Competi- tional Committee; $6,468.67, 4/05/01, Repub- Control, Department of the Treasury, trans- tive Sourcing dated July 2003; to the Com- lican National Committee, Hosted fund-rais- mitting, pursuant to law, the report of a rule mittee on Governmental Affairs. er luncheon, The Crescent Court Hotel, Gar- entitled ‘‘Rough Diamonds (Liberia) Sanc- EC–3613. A communication from the Chair, den Room, Dallas, TX 75201; ($6,468.70), Reim- tions Regulations, Rough Diamonds Control Office of General Counsel, Federal Election bursement received on 4/01/03 from Repub- Sanctions’’ received on July 31, 2003; to the Commission, transmitting, pursuant to law, lican National Committee for fund-raiser on Committee on Banking, Housing, and Urban the report of a rule entitled ‘‘Public Financ- 4/05/01; $600.00, (the Republican National Affairs. ing of Presidential Candidates and Nomi- Committee (RNC) inadvertently reported EC–3602. A communication from the Assist- nating Conventions’’ received on July 31, these sums as contributions to the Repub- ant Secretary, Land and Minerals Manage- 2003; to the Committee on Rules and Admin- lican Party when they were simply payments ment, Minerals Management Service, trans- istration. for hotel accommodations and parade tickets mitting, pursuant to law, the report of a rule EC–3614. A communication from the Chair, associated with the 2001 Presidential Inau- entitled ‘‘Oil and Gas and Sulphur Oper- Office of the General Counsel, Federal Elec- guration. I have requested that the RNC cor- ations in the Outer Continental Shelf’’ tion Commission, transmitting, pursuant to rect their filing), 1/24/01, Republican National (RIN1010–AC89) received on July 31, 2003; to law, the report of a rule entitled ‘‘Public Fi- Committee State Elections Committee; the Committee on Energy and Natural Re- nancing of Presidential Candidates and $10,879, the Republican National Committee sources. Nominating Conventions’’ received on July (RNC) inadvertently reported these sums as EC–3603. A communication from the Direc- 31, 2003; to the Committee on Rules and Ad- contributions to the Republican Party when tor, Office of Surface Mining, Department of ministration. they were simply payments for hotel accom- the Interior, transmitting, pursuant to law, f modations and parade tickets associated the report of a rule entitled ‘‘Montana Regu- NOMINATIONS DISCHARGED with the 2001 Presidential Inauguration. I latory Program’’ (MT–023–FOR) received on have requested that the RNC correct this fil- July 31, 2003; to the Committee on Energy On request by Mr. WARNER and by ing, 1/19/01, Republican National Committee, and Natural Resources. unanimous consent, it was State Elections Committee; $1,000, 9/06/00, EC–3604. A communication from the Chief, Ordered, That the following nomina- Lazio 2000, Inc.; $12,500, 6/19/00, Republican Regulations Unit, Internal Revenue Service, tions be discharged from further con- National Committee Presidential Trust; transmitting, pursuant to law, the report of sideration by the Committee on Fi- $217,500, 6/19/00, Republican National State a rule entitled ‘‘List of Obsolete Rulings’’ Elections Committee—Victory 2000; $1,000, 2/ (Rev. Rul. 2003–99) received on July 29, 2003; nance and the Committee on Foreign 10/00, Martin Frost Campaign Committee to the Committee on Finance. Relations: (General election); $500, 2/07/00, Jon Newton EC–3605. A communication from the Chief, DEPARTMENT OF THE TREASURY for Congress; $5,000, 1/25/00, DASHPAC; Regulations Unit, Internal Revenue Service, Teresa M. Ressel, of Virginia, to be an As- $10,000, (the ultimate recipients of this con- transmitting, pursuant to law, the report of sistant Secretary of the Treasury, vice Ed- tribution were: Arizona Republican Party, a rule entitled ‘‘RIC Refunded Bonds’’ (Rev. ward Kingman, Jr. $250; California Republican Party/Team Cali- Rul. 2003–84) received on July 29, 2003; to the fornia, $1690; Illinois Republican Party, $690; DEPARTMENT OF STATE Committee on Finance. Massachusetts Republican State Congres- EC–3606. A communication from the Chief, Jeffrey A. Marcus, of Texas, to be Ambas- sional Committee, $380; Michigan Republican Regulations Unit, Internal Revenue Service, sador Extraordinary and Plenipotentiary of State Committee, $570; New Jersey Repub- transmitting, pursuant to law, the report of the United States of America to Belgium. lican State Committee, $470; New York Re- a rule entitled ‘‘Rev. Proc. 2003–69’’ received On further request by Mr. WARNER publican Federal Campaign Committee, on July 29, 2003; to the Committee on Fi- and by unanimous consent, it was $1030; Ohio State Republican Party, $660; Re- nance. Ordered, That the nominations be publican Federal Committee of Pennsyl- EC–3607. A communication from the Chief, confirmed en bloc; that the motions to vania, $730; Republican Party of Florida Fed- Regulations Unit, Internal Revenue Service, reconsider en bloc be laid on the table; eral Campaign Account, $790; Republican transmitting, pursuant to law, the report of Party of Iowa, $220; Republican Party of Vir- a rule entitled ‘‘Revenue Ruling: Deductions that the President be immediately no- ginia, $410; Washington State Republican Related to Compensatory Stock Options’’ tified of the confirmation of these party, $350), 12/20/99, 1999 State Victory Fund (Rev. Rul. 2003–98) received on July 29, 2003; nominations; and that the Senate re- Committee; $1,000, 10/20/99, Friends of Sam to the Committee on Finance. turn to legislative session. Johnson; $1,000, 10/20/99, Pete Sessions for EC–3608. A communication from the Regu- Nominee: Jeffrey Alan Marcus. Congress; $1,000, 9/02/99, Martin Frost Cam- lations Coordinator, Center for Medicare and Post: United States Ambassador to Bel- paign Committee (Primary election); $1,000, Medicaid Services, Department of Health gium. 7/28/99, Regina Montoya Coggins for Con- and Human Services, transmitting, pursuant (The following is a list of all members of gress; $1,000, 3/29/99, Governor George W. to law, the report of a rule entitled ‘‘Medi- my immediate family and their spouses. I Bush Presidential Exploratory Committee, care Program; Prospective Payment System have asked each of these persons to inform Inc.; $5,000, 1/22/99, Chancellor Media PAC;

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10906 CONGRESSIONAL RECORD — SENATE August 1, 2003 $1,000, 1/04/99, Friends of Giuliani Explor- By Mr. KOHL: S. Res. 216. A resolution establishing as a atory Committee. S. 1560. A bill to amend the Internal Rev- standing order of the Senate a requirement 2. Spouse, Nancy C. Marcus: $2,000, 2/06/02, enue Code of 1986 to allow a deduction for the that a Senator publicly discloses a notice of John Cornyn for Senate (Primary and gen- work-related expenses of handicapped indi- intent to object to proceeding to any meas- eral elections); $5,000, (corrected attribution viduals; to the Committee on Finance. ure or matter; to the Committee on Rules from Jeffrey A. Marcus), 8/27/01, KPAC; By Ms. COLLINS (for herself, Mr. and Administration. $20,000, 5/08/01, Republican National Com- VOINOVICH, and Mr. DURBIN): By Mr. CONRAD (for himself, Mr. mittee; $20,000, 6/19/00, Republican National S. 1561. A bill to preserve existing judge- GRASSLEY, Mr. BAUCUS, and Mr. HAR- Committee Presidential Trust; $1,000, 3/29/99, ships on the Superior Court of the District of KIN): Governor George W. Bush Presidential Ex- Columbia; to the Committee on Govern- S. Res. 217. A resolution expressing the ploratory Committee, Inc. mental Affairs. sense of the Senate regarding the goals of 3. Children and Spouses, Daughter: Re- By Mr. CRAIG (for himself and Mr. the United States in the Doha Round of the becca Paige Marcus Beshara, ($1,000.00), 9/26/ ALLEN): World Trade Organization agriculture nego- 02, Coleman for U.S. Senate Reattribution to S. 1562. A bill to amend selected statutes to tiations; to the Committee on Finance. Adam Beshara; $2,000, 9/10/02, Coleman for clarify existing Federal law as to the treat- f U.S. Senate; $1,000, 9/30/99, Governor George ment of students privately educated at home W. Bush Presidential Exploratory Com- under state law; to the Committee on Fi- ADDITIONAL COSPONSORS mittee, Inc. nance. S. 300 Son-in-Law: Adam Christopher Beshara, By Mr. KENNEDY (for himself, Mrs. ERRY $1,000, 9/26/02, Coleman for U.S. Senate. Son, CLINTON, and Mr. PRYOR): At the request of Mr. K , the David Mitchell Marcus, $1,000, 9/30/99, Gov- S. 1563. A bill to require the Federal com- names of the Senator from Colorado ernor George W. Bush Presidential Explor- munications Commission to report to Con- (Mr. ALLARD) and the Senator from In- atory Committee, Inc. gress regarding the ownership and control of diana (Mr. BAYH) were added as cospon- 4. Parents: Father, Bert Marcus, $1,000, 3/31/ broadcast stations used to serve language sors of S. 300, a bill to award a congres- 99, Governor George W. Bush Presidential minorities, and for other purposes; to the sional gold medal to Jackie Robinson Exploratory Committee, Inc.; Father’s Wife, Committee on Commerce, Science, and (posthumously), in recognition of his Jean Marcus, $1,000, 3/31/99, Governor George Transportation. many contributions to the Nation, and W. Bush Presidential Exploratory Com- By Mr. CORZINE (for himself, Mr. mittee, Inc.; Mother, Helene Fendler Marcus, KERRY, Mrs. MURRAY, Mr. DURBIN, to express the sense of Congress that Deceased. Mr. LAUTENBERG, and Ms. CANTWELL): there should be a national day in rec- 5. Grandparents: Samuel Marcus, Deceased. S. 1564. A bill to provide for the provision ognition of Jackie Robinson. Rachel Marcus, Deceased. Harry Fendler, De- by hospitals of emergency contraceptives to S. 363 ceased. Bessie Fendler, Deceased. women who are survivors of sexual assault; At the request of Ms. MIKULSKI, the 7. Sisters and Spouses, Deborah and to the Committee on Health, Education, name of the Senator from Ohio (Mr. Marcus Noxon, none. Brother-in-Law, John Labor, and Pensions. Noxon, none. By Mr. INOUYE: DEWINE) was added as a cosponsor of S. 363, a bill to amend title II of the So- f S. 1565. A bill to reauthorize the Native American Programs Act of 1974; to the Com- cial Security Act to provide that the INTRODUCTION OF BILLS AND mittee on Indian Affairs. reductions in social security benefits JOINT RESOLUTIONS By Mr. CORZINE: which are required in the case of S. 1566. A bill to improve fire safety by cre- spouses and surviving spouses who are The following bills and joint resolu- ating incentives for the installation of auto- tions were introduced, read the first also receiving certain Government pen- matic fire sprinkler systems; to the Com- sions shall be equal to the amount by and second times by unanimous con- mittee on Finance. sent, and referred as indicated: By Mr. FITZGERALD (for himself and which two-thirds of the total amount of the combined monthly benefit (be- By Mrs. MURRAY: Mr. AKAKA): S. 1554. A bill to provide for secondary S. 1567. A bill to amend title 31, United fore reduction) and monthly pension school reform, and for other purposes; to the States Code, to improve the financial ac- exceeds $1,200, adjusted for inflation. Committee on Health, Education, Labor, and countability requirements applicable to the S. 491 Department of Homeland Security, and for Pensions. At the request of Mr. REID, the name other purposes; to the Committee on Govern- By Mrs. BOXER: of the Senator from Georgia (Mr. S. 1555. A bill to designate certain public mental Affairs. CHAMBLISS) was added as a cosponsor of lands as wilderness and certain rivers as wild By Mr. HATCH (for himself, Mr. and scenic rivers in the State of California, BREAUX, Mr. SMITH, Mr. LOTT, and S. 491, a bill to expand research regard- to designate Salmon Restoration Areas, to Ms. SNOWE): ing inflammatory bowel disease, and establish the Sacramento River National S. 1568. A bill to amend the Internal Rev- for other purposes. enue Code of 1986 to simplify certain provi- Conservation Area and Ancient Bristlecone S. 518 Pine Forest, and for other purposes; to the sions applicable to real estate investment trusts; to the Committee on Finance. At the request of Ms. COLLINS, the Committee on Energy and Natural Re- name of the Senator from Florida (Mr. sources. By Mr. AKAKA: By Mr. SMITH (for himself, Mr. S. 1569. A bill to amend title IV of the Em- GRAHAM) was added as a cosponsor of S. BREAUX, Mr. KERRY, Mrs. LINCOLN, ployee Retirement Income Security Act of 518, a bill to increase the supply of pan- Mr. ROCKEFELLER, and Ms. SNOWE): 1974 to require the Pension Benefit Guaranty creatic islet cells for research, to pro- S. 1556. A bill to amend the Internal Rev- Corporation, in the case of airline pilots who vide better coordination of Federal ef- enue Code of 1986 to restore, increase, and are required by regulation to retire at age 60, forts and information on islet cell make permanent the exclusion from gross in- to compute the actuarial value of monthly transplantation, and to collect the come for amounts received under qualified benefits in the form of a life annuity com- mencing at age 60; to the Committee on data necessary to move islet cell trans- group legal services plans; to the Committee plantation from an experimental proce- on Finance. Health, Education, Labor, and Pensions. By Mr. MCCONNELL (for himself, Mr. By Mr. SANTORUM (for himself and dure to a standard therapy. SARBANES, and Mrs. BOXER): Mr. GRAHAM of South Carolina): S. 596 S. 1557. A bill to authorize the extension of S. 1570. A bill to amend the Internal Rev- At the request of Mr. ENSIGN, the nondiscriminatory treatment (normal trade enue Code of 1986 to allow individuals a re- name of the Senator from Georgia (Mr. relations treatment) to the products of Ar- fundable credit against income tax for the purchase of private health insurance, and to CHAMBLISS) was added as a cosponsor of menia; to the Committee on Finance. S. 596, a bill to amend the Internal By Mr. ALLARD: establish State health insurance safety-net S. 1558. A bill to restore religious freedoms; programs; to the Committee on Finance. Revenue Code of 1986 to encourage the investment of foreign earnings within to the Committee on the Judiciary. f By Mr. KENNEDY (for himself, Mrs. the United States for productive busi- HUTCHISON, Mr. INOUYE, Ms. LAN- SUBMISSION OF CONCURRENT AND ness investments and job creation. DRIEU, Mr. BINGAMAN, and Mrs. MUR- SENATE RESOLUTIONS S. 853 RAY): The following concurrent resolutions At the request of Ms. SNOWE, the S. 1559. A bill to amend the Public Health Service Act with respect to making progress and Senate resolutions were read, and name of the Senator from Maryland toward the goal of eliminating tuberculosis, referred (or acted upon), as indicated: (Ms. MIKULSKI) was added as a cospon- and for other purposes; to the Committee on By Mr. LOTT (for himself, Mr. BYRD, sor of S. 853, a bill to amend title XVIII Health, Education, Labor, and Pensions. Mr. GRASSLEY, and Mr. WYDEN): of the Social Security Act to eliminate

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10907 discriminatory copayment rates for Security and Rural Investment Act of sor of S. 1524, a bill to amend the Inter- outpatient psychiatric services under 2002 to ensure the humane slaughter of nal Revenue Code of 1986 to allow a 7- the medicare program. non-ambulatory livestock, and for year applicable recovery period for de- S. 950 other purposes. preciation of motorsports entertain- At the request of Mr. ENZI, the name S. 1329 ment complexes. of the Senator from Arkansas (Mrs. At the request of Mr. LOTT, the name S. 1545 LINCOLN) was added as a cosponsor of S. of the Senator from Texas (Mrs. At the request of Mr. HATCH, the 950, a bill to allow travel between the HUTCHISON) was added as a cosponsor of names of the Senator from Massachu- United States and Cuba. S. 1329, a bill to amend title 49, United setts (Mr. KENNEDY), the Senator from S. 973 States Code, to require the Secretary Ohio (Mr. DEWINE) and the Senator At the request of Mr. NICKLES, the of Transportation to carry out a grant from California (Mrs. BOXER) were name of the Senator from Georgia (Mr. program to provide financial assistance added as cosponsors of S. 1545, a bill to MILLER) was added as a cosponsor of S. for local rail line relocations projects. amend the Illegal Immigration Reform 973, a bill to amend the Internal Rev- S. 1331 and Immigrant Responsibility Act of enue Code of 1986 to provide a shorter At the request of Mr. SANTORUM, the 1996 to permit States to determine recovery period for the depreciation of name of the Senator from Wyoming State residency for higher education certain restaurant buildings. (Mr. THOMAS) was added as a cosponsor purposes and to authorize the cancella- S. 1019 of S. 1331, a bill to clarify the treat- tion of removal and adjustment of sta- At the request of Mr. DEWINE, the ment of tax attributes under section tus of certain alien students who are name of the Senator from New Hamp- 108 of the Internal Revenue Code of 1986 long-term United States residents. shire (Mr. SUNUNU) was added as a co- for taxpayers which file consolidated S. 1545 sponsor of S. 1019, a bill to amend titles returns. At the request of Mr. LIEBERMAN, his 10 and 18, United States Code, to pro- S. 1335 name was added as a cosponsor of S. tect unborn victims of violence. At the request of Mr. GRASSLEY, the 1545, supra. S. 1032 name of the Senator from Georgia (Mr. S. 1545 At the request of Mr. SARBANES, the MILLER) was added as a cosponsor of S. At the request of Mr. DURBIN, the name of the Senator from Maine (Ms. 1335, a bill to amend the Internal Rev- names of the Senator from Washington SNOWE) was added as a cosponsor of S. enue Code of 1986 to allow individuals a (Ms. CANTWELL), the Senator from Mas- 1032, a bill to provide for alternative deduction for qualified long-term care sachusetts (Mr. KERRY), the Senator transportation in certain federally insurance premiums, use of such insur- from New Mexico (Mr. BINGAMAN) and owned or managed areas that are open ance under cafeteria plans and flexible the Senator from Florida (Mr. NELSON) to the general public. spending arrangements, and a credit were added as cosponsors of S. 1545, S. 1092 for individuals with long-term care supra. At the request of Mr. CAMPBELL, the needs. S. CON. RES. 21 name of the Senator from Georgia (Mr. S. 1366 At the request of Mr. BUNNING, the CHAMBLISS) was added as a cosponsor of At the request of Mr. ALLARD, the name of the Senator from Maryland S. 1092, a bill to authorize the estab- name of the Senator from New Mexico (Ms. MIKULSKI) was added as a cospon- lishment of a national database for (Mr. DOMENICI) was added as a cospon- sor of S. Con. Res. 21, a concurrent res- purposes of identifying, locating, and sor of S. 1366, a bill to authorize the olution expressing the sense of the cataloging the many memorials and Secretary of the Interior to make Congress that community inclusion permanent tributes to America’s vet- grants to State and tribal governments and enhanced lives for individuals with erans. to assist State and tribal efforts to mental retardation or other develop- S. 1194 manage and control the spread of mental disabilities is at serious risk At the request of Mr. DEWINE, the chronic wasting disease in deer and elk because of the crisis in recruiting and name of the Senator from Utah (Mr. herds, and for other purposes. retaining direct support professionals, HATCH) was added as a cosponsor of S. S. 1379 which impedes the availability of a sta- 1194, a bill to foster local collabora- At the request of Mr. JOHNSON, the ble, quality direct support workforce. tions which will ensure that resources name of the Senator from New York S. CON. RES. 61 are effectively and efficiently used (Mrs. CLINTON) was added as a cospon- At the request of Mr. LOTT, the within the criminal and juvenile jus- sor of S. 1379, a bill to require the Sec- names of the Senator from Louisiana tice systems. retary of the Treasury to mint coins in (Ms. LANDRIEU), the Senator from Con- S. 1194 commemoration of veterans who be- necticut (Mr. LIEBERMAN), the Senator At the request of Mr. HATCH, the came disabled for life while serving in from New Mexico (Mr. DOMENICI), the name of the Senator from Illinois (Mr. the Armed Forces of the United States. Senator from New York (Mrs. CLIN- DURBIN) was added as a cosponsor of S. S. 1398 TON), the Senator from Massachusetts 1194, supra. At the request of Mr. DEWINE, the (Mr. KENNEDY), the Senator from Cali- S. 1222 name of the Senator from Illinois (Mr. fornia (Mrs. FEINSTEIN) and the Sen- At the request of Mr. NELSON of Ne- FITZGERALD) was added as a cosponsor ator from Hawaii (Mr. INOUYE) were braska, the name of the Senator from of S. 1398, a bill to provide for the envi- added as cosponsors of S. Con. Res. 61, New York (Mrs. CLINTON) was added as ronmental restoration of the Great a concurrent resolution authorizing a cosponsor of S. 1222, a bill to amend Lakes. and requesting the President to issue a title XVIII of the Social Security Act S. 1434 proclamation to commemorate the to require the Secretary of Health and At the request of Mrs. LINCOLN, the 200th anniversary of the birth of Human Services, in determining eligi- names of the Senator from Maryland Constantino Brumidi. bility for payment under the prospec- (Mr. SARBANES), the Senator from S. RES. 209 tive payment system for inpatient re- Delaware (Mr. CARPER) and the Senator At the request of Mr. JEFFORDS, the habilitation facilities, to apply criteria from Iowa (Mr. HARKIN) were added as name of the Senator from Indiana (Mr. consistent with rehabilitation impair- cosponsors of S. 1434, a bill to amend BAYH) was added as a cosponsor of S. ment categories established by the the Internal Revenue Code of 1986 to Res. 209, a resolution recognizing and Secretary for purposes of such prospec- accelerate the increase in the honoring Woodstock, Vermont, native tive payment system. refundability of the child tax credit, Hiram Powers for his extraordinary S. 1298 and for other purposes. and enduring contributions to Amer- At the request of Mr. AKAKA, the S. 1524 ican sculpture. name of the Senator from Michigan At the request of Mr. SANTORUM, the S. RES. 214 (Ms. STABENOW) was added as a cospon- name of the Senator from Maryland At the request of Mr. THOMAS, his sor of S. 1298, a bill to amend the Farm (Mr. SARBANES) was added as a cospon- name was added as a cosponsor of S.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10908 CONGRESSIONAL RECORD — SENATE August 1, 2003 Res. 214, a resolution congratulating school students who are still struggling attend the school of their choice or Lance Armstrong for winning the 2003 to master literacy will get additional enter a chosen career because they are Tour de France. help. About 60 percent of students in not prepared. Many high school stu- f the poorest communities fail to grad- dents are floundering—unable to find uate from secondary school on time, in out what courses they need to take or STATEMENTS ON INTRODUCED large part because they don’t have the how they can get past academic or BILLS AND JOINT RESOLUTIONS reading or writing skills they need. We other barriers. By Mrs. MURRAY: took a good step in creating the Read- Unfortunately, most of our school S. 1554. A bill to provide for sec- ing First program to strengthen stu- counselors serve too many students ondary school reform, and for other dents’ reading skills in the elementary with too few resources. High school purposes; to the Committee on Health, grades. These skills are the foundation counselors work with an average of 450 Education, Labor, and Pensions. of their success throughout their aca- students each, making it impossible to Mrs. MURRAY. Mr. President, today demic careers. However, many middle guide each individual student along the I’m pleased to introduce a bill that will and high school students struggle with pathway to high school graduation and help America’s teenagers graduate serious reading deficits and sub- work or college. Title II of my bill from high school, go on to college, and standard literacy skills that have gone seeks to address this problem by cre- enter the working world with the skills unattended for years. ating grants for thorough, high-quality they need to succeed. I’m proud to in- The 2002 National Assessment of Edu- academic and career counseling for our troduce the PASS Act—which stands cational Progress shows that the read- high school students. for the Pathways for All Students to ing achievement of 12th grade students These grants will cultivate and pro- Succeed Act. Today, far too many stu- has declined at all performance levels mote parent involvement in their dents drop-out of school and never have since 1998. Thirty-three percent of 12th child’s education, and will coordinate a chance for college and a better life. grade boys, and 20 percent of 12th grade support services for at-risk high school My bill will reach out to vulnerable girls read below the ‘‘basic level.’’ students across the country. students during high school by pro- While the percentage of 4th and 8th This ‘‘Creating Pathways to Success viding the training, guidance and re- graders writing at or above a basic Program’’ would complement other ex- sources they need to stay in school and level has increased between 1998 and isting successful high school programs go on to college. 2002, the percentage of 12th graders by providing $2 billion to support sys- Specifically, the PASS Act will: help writing at or above basic has gone temic change in the way we guide our schools hire literacy coaches to down. high school students to success. strengthen essential reading and writ- These numbers show that our con- The funds could be used to hire and ing skills. It will provide grants for centrated efforts for elementary and train Academic Counselors to work high-quality Academic Counselors to middle school students have improved with no more than 150 students each, ensure each student has an individual- their writing skills, but by neglecting and to equip these counselors with the ized plan and access to services to pre- the needs of secondary school students. time, skills, and resources to work di- pare for college and a good job. And fi- We are squandering these gains. rectly with students, parents, and nally, the PASS Act targets resources In response, Title I of my bill creates teachers to give each student the indi- to those high schools that need the a $1 billion ‘‘Reading to succeed’’ grant vidualized attention and service they most help, so they can implement re- program. need. search-based strategies for success. Building on the strong foundation of Academic Counselors will work with Many of America’s high schools and the Reading First program, this grant students and parents to develop 6-year high school students are in serious program will establish effective, re- plans outlining the path each student trouble, and it’s only getting worse. search-based reading and writing pro- will take to reach his or her goals. With each new school day, 3,000 sec- grams for students in our middle and They will coordinate new resources ondary students drop out of school. high schools, including children with with existing ones such as GEAR UP, This year alone, nearly 540,000 young limited English proficiency and chil- TRIO, Title I, IDEA and Perkins Voca- people will leave school without at- dren with disabilities. tional and Technical Education pro- taining a high school diploma. Our Na- These grants will provide resources grams to ensure students receive the tion’s high school graduation rate is 69 for schools to hire literary coaches at a services identified in their plans and to percent. And in urban areas, that fig- ratio of at least one for every 20 teach- facilitate a smooth transition to post- ure is even worse. Many urban school ers. The coaches will help teachers in- secondary education or a career. districts graduate fewer than half of corporate research-based literary in- Schools that get these new funds their students. Dropping out has an struction into their core subject teach- must offer a rigorous college pre- enormous cost to these students, their ing. This will strengthen the reading paratory curriculum to all students, families and our communities. Sadly, and writing skills of all students, while including access to Advanced Place- even those students who do receive a identifying and helping those students ment or International Baccalaureate high school diploma are not guaranteed whose skills are especially poor. These courses. success in college or in life. coaches will assess students and co- Working together we can make sure Many graduate from high school un- ordinate services to address significant that our adolescents graduate prepared prepared for the academic rigor of reading and writing deficits. for any dream they may choose to pur- post-secondary study. About 40 percent In addition to hiring literacy coach- sue. of four-year college students and 63 es, funds can be used to provide rel- Finally, my bill includes a third title percent of community college students evant professional development, called ‘‘Supporting Successful High are enrolling in remedial courses in strengthen curricula in secondary Schools’’ to ensure that we take action reading, writing, or math when they schools, and implement diagnostic as- to help turn around our low-performing enter college. sessments, research-based curricula, high schools. And although approximately 70 per- instructional materials, and interven- Approximately 10 percent of the cent of high school graduates enroll in tions in middle and high schools. schools which have been identified so college, only 7 percent from low-in- These literacy coaches can help us far as ‘‘in need of improvement’’ ac- come families will have earned a bach- make sure that no more students slip cording to the requirements of No elor’s degree by age 24—in part because through the cracks because they never Child Left Behind are high schools. they have not been properly prepared learned to read. In about 1100 high schools, 75 percent for college academics. In addition to strong literacy skills, or more of the students enrolled are That’s why today I’m introducing a careful planning, sound advice and living in poverty. bill to improve our Nation’s secondary strong academic support are critical to Despite these numbers, most reform schools, especially those serving high- guiding students to success. Too many efforts are focused on elementary need students. First, the PASS Act high school students make it to grad- schools. We’ve overlooked struggling would ensure that middle or high uation, only to find that they cannot middle and high schools.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10909 Under the No Child Left Behind Act, I introduced a similar bill last year fornia Desert Protection Act, protected Title I funding should be used to help and was thrilled that the 107th Con- approximately 6 million acres of desert all schools that need improvement, but gress passed legislation to designate areas. high schools receive only 15 percent of 56,000 acres of my bill as wilderness It is important to note that only 13 Title I funds, even though they enroll within the Los Padres National Forest. percent of California is currently pro- 33 percent of low-income students. It was a wonderful first step. The Cali- tected as wilderness. This bill would Until Title I is fully-funded, it is un- fornia Wild Heritage Act of 2003 rep- raise that amount to 15 percent. During likely that high schools will receive a resents the next step. the last 20 years, 675,000 acres of unpro- significant amount of these funds to This legislation will protect more tected wilderness—approximately the address the problems they have identi- than 2.5 million acres of public lands in size of Yosemite National Park—lost fied. 81 different areas, as well as the free- their wilderness character due to ac- Meanwhile, high schools are being flowing portions of 22 rivers. Every tivities such as logging and mining. As held to the requirements of No Child acre of wild land is a treasure. But the our population increases, and Cali- Left Behind without a targeted source areas protected in this bill are some of fornia becomes home to almost 50 mil- of funding to turn around schools in California’s most precious, including: lion people, these development pres- need of improvement. the old growth redwood forests near sures are only getting worse. If we fail Our states and districts have worked the Trinity Alps in Trinity and Hum- to act now, there simply will not be hard to figure out which high schools boldt Counties; the pristine coastline any wild lands or wild rivers left to need improvement the most, and now in the King Range in Humboldt and protect. it’s time we improve them. Mendocino Counties; the Nation’s sixth The other big question that has been That’s why my bill would create a highest waterfall, Feather Falls, in raised is whether this bill will limit $500 million grant program that allows Butte County; the ancient Bristlecone public access to these areas. I do not districts to identify, develop, and im- Pines in the White Mountains in Inyo believe this will be the case. While wil- plement reforms that will turn around and Mono Counties; and the oak wood- derness designation means the wilder- these low-performing schools. lands in the San Diego River area. ness areas are closed to mountain School districts can use funds for re- The bill protects these treasures by bikers, they remain open to a myriad search-based strategies and best prac- designating these public lands as ‘‘wil- of recreational activities, including tices that will improve student derness’’ and by naming 22 rivers—in- horseback riding, fishing, hiking, back- achievement and bring success. cluding the Clavey in Tuolumne Coun- packing, rock climbing, cross country Districts would work with parents, ty and the Owens in Mono County—as skiing, and canoeing. Mountain bikers teachers, students and communities to ‘‘wild and scenic’’ rivers. These des- and motorized vehicles have 100,000 choose any effective reform such as ignations mean no new logging, no new miles of roads and trails in California small schools, block scheduling, whole dams, no new construction, no new that are not touched in my bill. Fur- school reforms or individualized learn- mining, no new drilling, and no motor- thermore, numerous economic studies ing plans. For example, since research shows ized vehicles. Mining, logging and graz- suggest wilderness areas are a big draw that small schools enhance student ing activities that are currently per- that attract outdoor recreation visi- outcomes by allowing teachers to offer mitted would be allowed to continue. tors, and tourism dollars, to areas that Protection of the areas in this bill is personalized assistance and connect have received this special designation. necessary to ensure that these precious with students, some districts may re- One important change has been made places will be there for future genera- duce the size of low-performing high to the legislation after concerns were tions. Because much of our state’s schools by creating smaller schools or raised about wildfire prevention and drinking water supply is made up of academies within larger schools. control near at-risk communities. The Working together, we can do more watersheds in our national forests, this bill I am introducing today protects than identify our schools in need of im- bill also helps ensure California has a communities by allowing Federal, local provement—we can improve them. safe, reliable supply of clean drinking and State agencies to perform fire and In conclusion, the Pathways for All water. emergency response activities in wil- Students to Succeed Act provides the This bill would also mean that the derness areas. I worked extensively grants America’s students need to pro- hundreds of plant and animal species with the California Department of For- mote adolescent literacy, support col- that make their homes in these areas estry on this legislation, and they have lege and career pathways for all our will continue to have a safe haven. En- expressed their support for the lan- students, and to improve struggling dangered and threatened species whose guage in the bill. high schools nationwide. habitats will be protected by this bill Those of us who live in California I hope my colleagues will join me in include the bald eagle, Sierra Nevada have a very special responsibility to supporting this bill and addressing the Red Fox, and spring run chinook salm- protect our natural heritage. Past gen- needs of our high school students. on, among others. erations have done it. They have left us In short, this bill preserves, prevents, with the wonderful and amazing gifts By Mrs. BOXER: and protects. It preserves our most im- of Yosemite, Big Sur and Joshua Tree. S. 1555. A bill to designate certain portant lands, it prevents pollution, These are places that Californians can- public lands as wilderness and certain and it protects our most endangered not imagine living without. Now it is rivers as wild and scenic rivers in the wildlife. our turn to protect this legacy for fu- State of California, to designate Salm- That is why this bill is so widely sup- ture generations—for our children’s on Restoration Areas, to establish the ported. Thousands of diverse organiza- children, and their children. This bill is Sacramento River National Conserva- tions, businesses, and others see the the place to start and the time to start tion Area and Ancient Bristlecone Pine importance of this legislation and have is now. Forest, and for other purposes; to the given it their support. Additionally, Committee on Energy and Natural Re- over 400 local elected officials have By Mr. SMITH (for himself, Mr. sources. voiced support for the protection of BREAUX, Mr. KERRY, Mrs. LIN- Mrs. BOXER. Mr. President, history their local areas. COLN, Mr. ROCKEFELLER, and books written about California always Despite the tremendous support for Ms. SNOWE): comment on the natural beauty of the this bill, it is not without opponents. S. 1556. A bill to amend the Internal State because our natural treasures They will say this bill is too large and Revenue Code of 1986 to restore, in- have always been one of the things goes too far. Yet this bill is similar in crease, and make permanent the exclu- that makes California unique. But that size to other statewide wilderness bills sion from gross income for amounts re- beauty must not be taken for granted. that have already passed Congress. The ceived under qualified group legal serv- That is why I am introducing the Cali- 1984 California Wilderness Act pro- ices plans; to the Committee on Fi- fornia Wild Heritage Act of 2003 in an tected approximately 2 million acres nance. effort to pass the first statewide wil- and 83 miles of the Tuolumne River. A Mr. SMITH. Mr. President, I am derness bill for California since 1984. more recent wilderness bill, the Cali- pleased today to introduce the Legal

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10910 CONGRESSIONAL RECORD — SENATE August 1, 2003 Services Benefit Act of 2003. My friends (b) RESTORATION AND PERMANENCE OF EX- Street Journal and the Heritage Foun- and colleagues from the Senate Fi- CLUSION.—Section 120 of the Internal Rev- dation have jointly published. nance Committee, Senators BREAUX, enue Code of 1986 (relating to amounts re- ceived under qualified group legal services As a one-time Soviet republic, Arme- KERRY, LINCOLN, ROCKEFELLER, and plans) is amended by striking subsection (e) nia continues to be subject to the free- SNOWE, join me in introducing this im- and by redesignating subsection (f) as sub- dom-of-emigration requirements set portant bill. This bill will amend the section (e). out in Title IV of the Trade Act of 1974, Internal Revenue Code to restore and (c) EFFECTIVE DATE.—The amendments the Jackson-Vanik amendment, and make permanent the exclusion from made by this section shall apply to taxable years beginning after December 31, 2002. therefore its trade status is subject to gross income for amounts received annual review by the President. Since under qualified group legal services By Mr. MCCONNELL (for himself, becoming independent Armenia has an- plans. When Congress first enacted Internal Mr. SARBANES, and Mrs. nually received the waiver provided Revenue Code Section 120 in 1976, em- BOXER): under Jackson-Vanik, and indeed for S. 1557. A bill to authorize the exten- ployers were provided with an incen- the past 6 years Armenia has been sion of nondiscriminatory treatment tive to provide their workforce with found to be fully in compliance with (normal trade relations treatment) to group legal services benefits at modest the amendment. the products of Armenia; to the Com- cost. These benefit programs enabled So long as Armenia remains subject mittee on Finance. employees to contact an attorney and Mr. MCCONNELL. Mr. President, I ask to the Jackson-Vanik provision, the get advice and, if necessary, represen- unanimous consent that the text of the United States is precluded from ex- tation. Most plans covered the every- bill be printed in the RECORD. tending PNTR status and normalizing day legal events that we all expect to There being no objection, the bill was U.S.-Armenian trade relations. At the encounter in life, from house closings ordered to be printed in the RECORD, as same time, however, WTO rules require and adoptions to traffic tickets and follows: the United States to grant PNTR to all drafting wills. The provision sunsetted S. 1557 other WTO members without condi- in 1992, however, eliminating this valu- Be it enacted by the Senate and House of Rep- tion. Our legislation would resolve this able benefits’ favorable tax status. resentatives of the United States of America in contradiction by authorizing the Presi- Qualified employer-paid plans have Congress assembled, dent to terminate the Jackson-Vanik proven to be highly efficient. These ar- SECTION 1. FINDINGS. provision with respect to Armenia and rangements make substantial legal Congress makes the following findings: extend PNTR. Without PNTR, neither (1) Armenia has been found to be in full service benefits available to partici- Armenia nor the United States will be pants at a fraction of what medical and compliance with the freedom of emigration requirements under title IV of the Trade Act able to realize the full benefits of Ar- other benefit plans cost. For an aver- menia’s accession to the WTO. age employer contribution of less than of 1974. (2) Armenia acceded to the World Trade Or- $150 annually, employees are eligible to PNTR will bring the United States ganization on February 5, 2003. into compliance with WTO rules. And utilize a wide range of legal services (3) Since declaring its independence from often worth hundreds and even thou- the Soviet Union in 1991, Armenia has made it will significantly expand opportuni- sands of dollars, which otherwise would considerable progress in enacting free-mar- ties for bilateral trade between the be well beyond their means. ket reforms within a stable democratic United States and Armenia. In addition to the efficiency with framework. In addition, it will enable Armenia to which these plans can deliver services, (4) Armenia has demonstrated a strong de- deal more effectively with the chal- their ability to make preventive legal sire to build a friendly and cooperative rela- lenges of building a vigorous and pros- tionship with the United States and has con- services available results in additional perous economy, at a time when 50 per- savings in our economy. Group legal cluded many bilateral treaties and agree- ments with the United States. cent of the population lives in poverty plans give investors access to legal (5) United States-Armenia bilateral trade and the poverty rate has dropped from services before they are induced to for 2002 totaled more than $134,200,000. 55 percent only in the last 2 years. make unwise investments. Having a SEC. 2. TERMINATION OF APPLICATION OF TITLE These challenges are made all the more lawyer available to review the invest- IV OF THE TRADE ACT OF 1974 TO daunting by the blockades that Azer- ARMENIA. ment documents could mean the dif- baijan and Turkey continue to impose; ference between a comfortable retire- (a) PRESIDENTIAL DETERMINATIONS AND EX- TENSIONS OF NONDISCRIMINATORY TREAT- according to the World Bank, these ment and lost life savings. Group legal MENT.—Notwithstanding any provision of blockades raise the cost of doing busi- plan attorneys add a layer of security title IV of the Trade Act of 1974 (19 U.S.C. ness in Armenia by 30 percent. Ex- to the system. 2431 et seq.), the President may— panded U.S.-Armenian trade will act as I strongly encourage my colleagues (1) determine that such title should no a spur to greater economic activity in to join me in supporting this important longer apply to Armenia; and Armenia, which in turn will lead to proposal to provide efficient access to (2) after making a determination under more and better-paying jobs and ease our legal system for working Ameri- paragraph (1) with respect to Armenia, pro- the hardships that Armenians confront cans. I look forward to working with claim the extension of nondiscriminatory in their daily lives. Chairman GRASSLEY to move this mat- treatment (normal trade relations treat- ment) to the products of that country. The ties between our country and Ar- ter successfully through the Finance (b) TERMINATION OF APPLICATION OF TITLE Committee. IV.—On and after the effective date of the menia are strong, and normalization of I ask unanimous consent that the extension under subsection (a)(2) of non- trade relations will make them strong- text of this legislation be printed in discriminatory treatment to the products of er still. I urge my colleagues to join me the RECORD. Armenia, title IV of the Trade Act of 1974 in supporting this legislation. There being no objection, the bill was shall cease to apply to that country. ordered to be printed in the RECORD, as Mr. SARBANES. Mr. President, I rise By Mr. ALLARD: follows: to join my colleague from Kentucky, S. 1558. A bill to restore religious S. 1556 Senator MCCONNELL, in introducing freedoms; to the Committee on the Ju- Be it enacted by the Senate and House of Rep- legislation to grant PNTR to Armenia. diciary. resentatives of the United States of America in Since becoming an independent sov- Congress assembled, ereign state in 1991, with the collapse Mr. ALLARD. Mr. President, I ask SECTION 1. SHORT TITLE. of the Soviet Union, Armenia has pur- unanimous consent that the text of the This Act may be cited as the ‘‘Legal Serv- bill be printed in the RECORD. ices Benefit Act of 2003’’. sued comprehensive economic reforms SEC. 2. EXCLUSION FOR AMOUNTS RECEIVED within a democratic framework. Arme- There being no objection, the bill was UNDER QUALIFIED GROUP LEGAL nia’s accession to the World Trade Or- ordered to be printed in the RECORD, as SERVICES PLANS RESTORED, IN- ganization this year reflects its con- follows: CREASED, AND MADE PERMANENT. tinuing progress in adopting and imple- (a) INCREASE OF EXCLUSION.—Subsection (a) S. 1558 of section 120 of the Internal Revenue Code menting economic and trade reforms, of 1986 (relating to amounts received under and it now ranks 44th among the 161 Be it enacted by the Senate and House of Rep- qualified group legal services plans) is nations surveyed in the ‘‘2003 Index of resentatives of the United States of America in amended by striking the last sentence. Economic Freedom’’ that the Wall Congress assembled,

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10911 SECTION 1. SHORT TITLE. ator MURRAY in introducing the ‘‘Com- Empowerment. Under current law, mil- This Act may be cited as the ‘‘Religious prehensive Tuberculosis Elimination lions of disabled Americans are unable Liberties Restoration Act’’. Act’’. With the evolution of modern to claim a tax deduction for many of SEC. 2. FINDINGS. medicine, especially in recent years, the expenses they incur as a result of Congress finds the following: (1) The Declaration of Independence de- we have the actual opportunity to do their disabilities. This creates a sig- clares that governments are instituted to se- that now—eliminate this century-old nificant barrier to their leading pro- cure certain unalienable rights, including public health threat in the United ductive and rewarding lives through life, liberty, and the pursuit of happiness, States. Tuberculosis was once the lead- employment. For example, in order to with which all human beings are endowed by ing cause of death in America. In re- work, an individual who uses a wheel- their Creator and to which they are entitled cent decades, developments in science chair might need to hire a personal at- by the laws of nature and of nature’s God. and public health have transformed tu- tendant to provide transportation to (2) The organic laws of the United States berculosis into a preventable and treat- and from the job site. Code and the constitutions of every State, able disease. Yet, every year, thou- using various expressions, recognize God as At a time when we are doing every- the source of the blessings of liberty. sands of Americans still become in- thing in our power to assist individuals (3) The first amendment to the Constitu- fected and die from tuberculosis. looking for employment, it is counter- tion secures rights against laws respecting Experts agree that we have the abil- intuitive to retain legislation that pre- an establishment of religion or prohibiting ity to eliminate it. What’s lacking is a vents some from seeking employment. the free exercise thereof made by the Federal strong national commitment to do it. While current law allows a limited de- Government. More than 50 years ago, when the first duction for disabled workers’ expenses, (4) The rights secured under the first effective drugs to treat TB were intro- this deduction is limited to expenses amendment have been interpreted by the duced and case rates began to decline, Federal courts to be included among the pro- that are necessary for the individual to we began making slow but steady perform work satisfactorily. This visions of the 14th amendment. progress, and we might have elimi- (5) The 10th amendment reserves to the means, for example, that a blind indi- States, respectively, the powers not dele- nated it. But instead, the declining vidual could only claim a deduction for gated to the Federal Government nor prohib- number of cases led to complacency the cost of using a reading service at ited to the States. and neglect. In fact, Federal categor- the workplace and during normal work (6) Disputes and doubts have arisen with ical funding for TB control and preven- hours. In addition, if this individual respect to public displays of the Ten Com- tion was discontinued in 1972, and does not itemize his or her tax returns, mandments and to other public expression of wasn’t restored until 1981. Efforts to the individual would receive no deduc- religious faith. control the disease broke down in (7) Section 5 of the 14th amendment grants tion. many parts of the country. This legislation would correct this Congress the power to enforce the provisions In the late 1980s, cases rose by 20 per- of the 14th amendment. inequity. Under this bill, whether or (8) Article III, section 2 of the Constitution cent increase in TB and drug-resistant not the individual itemizes, he or she grants Congress the authority to except cer- strains began nationwide systems for would be able to claim a deduction for tain matters from the jurisdiction of the dealing with the infection had been al- the overtime services that they re- Federal courts inferior to the Supreme lowed to deteriorate. In New York City quire, regardless of itemizing his or her Court. alone, more than $1 billion was needed return. This is just one example of the SEC. 3. RELIGIOUS LIBERTY RIGHTS DECLARED. to regain control of TB. dozens of, often expensive, services (a) DISPLAY OF TEN COMMANDMENTS.—The After considerable effort, TB control that better enable people with disabil- power to display the Ten Commandments on was re-established and rates again ities to do their jobs. or within property owned or administered by began declining. Today, with the low I believe we need to do more to en- the several States or political subdivisions of number of infections and the expertise courage individuals with disabilities such States is among the powers reserved to of public health officials, we have the the States, respectively. and the desire to seek out employment. opportunity to eradicate TB from the (b) WORD ‘‘GOD’’ IN PLEDGE OF ALLE- Current law perpetuates an iniquity Nation once and for all. GIANCE.—The power to recite the Pledge of that discourages people from living the Allegiance on or within property owned or The Institute of Medicine has devel- administered by the several States or polit- oped guidelines to do so, and in this bi- fullest possible life. I believe this legis- ical subdivisions of such States is among the partisan legislation, my colleagues and lation goes a long way in correcting a powers reserved to the States, respectively. I proposed to implement the guidelines shortcoming in current law, and will The Pledge of Allegiance shall be, ‘‘I pledge by authorizing $235 million for the Cen- remove a barrier for millions of dis- allegiance to the Flag of the United States of ters for Disease Control and Prevention abled workers. I urge my colleagues to America, and to the Republic for which it join me in supporting this legislation, stands, one Nation under God, indivisible, to expand and intensify our prevention, control, and elimination efforts. and hope to see its passage this year. with Liberty and justice for all.’’. I ask unanimous consent that the (c) MOTTO ‘‘IN GOD WE TRUST’’.—The power Our bill also expands support for vac- to recite the national motto on or within cine development at the National Insti- text of the bill be printed in the property owned or administered by the sev- tute of Allergy and Infectious Diseases. RECORD. eral States or political subdivisions of such Experts estimate that $240 million will There being no objection, the bill was States is among the powers reserved to the be needed to develop a safe and effec- ordered to be printed in the RECORD, as States, respectively. The national motto tive vaccine. Our legislation authorizes follows: shall be, ‘‘In God we trust’’. S. 1560 (d) EXERCISE OF CONGRESSIONAL POWER TO $136 million in 2004 and $162 million in Be it enacted by the Senate and House of Rep- EXCEPT.—The subject matter of subsections 2005, with the goal of committing the resentatives of the United States of America in (a), (b), and (c) are excepted from the juris- necessary resources to make the vac- Congress assembled, diction of Federal courts inferior to the Su- cine available by 2008 at the latest. preme Court. We cannot allow tuberculosis to take SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Disabled more American lives when we have the Workers Empowerment Act of 2003’’. By Mr. KENNEDY (for himself, ability to prevent it. It’s time for a Mrs. HUTCHISON, Mr. INOUYE, SEC. 2. DEDUCTION FOR WORK-RELATED EX- new and sustained commitment to the PENSES OF HANDICAPPED INDIVID- Ms. LANDRIEU, Mr. BINGAMAN, fight against tuberculosis. I urge my UALS. and Mrs. MURRAY): colleagues to support this legislation, (a) IN GENERAL.—Part VII of subchapter B S. 1559. A bill to amend the Public and I look forward to its enactment. of chapter 1 of the Internal Revenue Code of Health Service Act with respect to 1986 (relating to additional itemized deduc- making progress toward the goal of By Mr. KOHL: tions for individuals) is amended by redesig- eliminating tuberculosis, and for other S. 1560. A bill to amend the Internal nating section 223 as section 224 and by in- purposes; to the Committee on Health, Revenue Code of 1986 to allow a deduc- serting after section 222 the following new section: Education, Labor, and Pensions. tion for the work-related expenses of ‘‘SEC. 223. WORK-RELATED EXPENSES OF HANDI- Mr. KENNEDY. Mr. President, it is a handicapped individuals; to the Com- CAPPED INDIVIDUALS. privilege to join my colleagues Senator mittee on Finance. ‘‘(a) IN GENERAL.—In the case of a handi- HUTCHISON, Senator INOUYE, Senator Mr. KOHL. Mr. President, I rise capped individual, there shall be allowed as a LANDRIEU, Senator BINGAMAN, and Sen- today to introduce the Disable Workers deduction for the taxable year an amount

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The case-load and delays at the Courthouse. earned income (within the meaning of sec- President then selects one of those tion 32) reduced by the employment-related three candidates to nominate and sends By Mr. CRAIG (for himself and expenses taken into account under section 21 the nominee to the Senate for con- Mr. ALLEN): with respect to such individual. firmation. Existing law caps the total S. 1562. A bill to amend selected stat- ‘‘(c) QUALIFIED WORK-RELATED EXPENSES.— number of judges on the Superior Court utes to clarify existing Federal law as For purposes of this section, the term ‘quali- at 59. to the treatment of students privately fied work-related expenses’ means any of the educated at home under state law; to following expenses incurred by reason of the Recently, I was informed that nomi- nations, currently pending in the Com- the Committee on Finance. individual being a handicapped individual: Mr. CRAIG. Mr. President, today I ‘‘(1) Expenses for attendant care services mittee on Governmental Affairs, and at the individual’s place of employment and an additional candidate expected to be am introducing ‘‘The Home School other expenses in connection with such place nominated in the coming months, may Non-discrimination Act’’ (HONDA). of employment which are necessary for such not be able to be seated on the Court, This bill would clarify several existing individual to be able to work. even if they are confirmed by the Sen- Federal statutes which inadvertently ‘‘(2) Expenses to provide transportation ate. The three seats that these can- exclude home schoolers. I am pleased and necessary personal services for the indi- didates are intended to fill were left the Senator ALLEN is joining me in vidual which are necessary for such indi- open by retiring judges, so they are not sponsoring this measure. vidual to be able to work (including com- All to often, Federal laws relating to new seats on the Court. The cause of muting between the individual’s residence education have left out the millions of this unusual problem is the District of and place of employment). children across the Nation who are ‘‘(3) Expenses to maintain the household of Columbia Family Court Act, enacted benefitting from home schooling. For the individual and to provide other domestic last Congress. That Act created three example, home schoolers generally or personal services for the individual which new seats for the Family Court, which cannot qualify for the education sav- are necessary for such individual to be able is a division of the Superior Court, but ings accounts, unless they live in one to work. failed to increase the overall cap on ‘‘(d) HANDICAPPED INDIVIDUAL.—For pur- of 13 states where a home school is the number of judges seated on the poses of this section, the term ‘handicapped treated as a private school. Also, home Court. As a result, the Family Court individual’ has the meaning given to such schooled students have found them- term by section 190(b)(3). Act effectively eliminated three exist- selves to be ineligible for student aid in ‘‘(e) SPECIAL RULES.— ing seats in the other divisions of the some circumstances. ‘‘(1) COORDINATION WITH OTHER DEDUC- Court, including the criminal and civil TIONS.—No deduction shall be allowed under Nearly 2 million American children divisions. were home schooled during the 2000– section 162 for any expense to the extent that Because of this, the Governmental a deduction for such expense is allowed 2001 school year. These are good stu- Affairs Committee currently has four under this section. dents who frequently outperform their nominations pending for the Superior ‘‘(2) JOINT RETURNS.—In the case of a joint public school peers. For example, in Court, but only two seats left to fill. I return, this section shall be applied sepa- 2002 home schoolers as a whole aver- rately to each spouse.’’. also understand that there is yet an- aged over 70 points higher on the Scho- (b) DEDUCTION ALLOWED WHETHER OR NOT other nomination expected in the com- lastic Aptitude Test (SAT). Also, al- INDIVIDUAL ITEMIZES OTHER DEDUCTIONS.— ing months. Because existing law sets though home schoolers only make up Section 62(a) of the Internal Revenue Code of strict requirements on both the D.C. 1986 (defining adjusted gross income) is about 2 percent of the U.S. school-age Judicial Nominations Commission as amended by inserting after paragraph (18) population, in 2003 they made up 12 per- well as the White House on how quick- the following new paragraph: cent of the 251 spelling finalists and 5 ly they must process potential can- ‘‘(19) WORK-RELATED EXPENSES OF HANDI- percent of 55 geography bee finalists. CAPPED INDIVIDUALS.—The deduction allowed didates and make a nomination, it is These students consistently score at by section 223.’’. unclear whether they have legal the highest levels of achievement tests (c) CLERICAL AMENDMENT.—The table of grounds to halt their processes. Nor is sections for part VII of subchapter B of chap- and get into some of the best colleges it clear as to whether, had they known and universities in our Nation. They ter 1 of the Internal Revenue Code of 1986 is of this problem, they would have had amended by striking the item relating to are hard working, intelligent, and ac- section 223 and inserting the following new the power to not make the nomina- tive in their communities. However, items: tions they have already made. these students may be denied services This is a highly unusual situation. available to other students because of ‘‘Sec. 223. Work-related expenses of handi- Mr. President, for this body to have capped individuals. an oversight in Federal law. That is nominations pending before it for ‘‘Sec. 224. Cross reference.’’. not right, and HONDA will rectify the which there are no open positions. The situation. I hope my colleagues will (d) EFFECTIVE DATE.—The amendments bill I introduce today would rectify join me and Senator ALLEN in this ef- made by this section shall apply to taxable this problem by amending the District years beginning after December 31, 2002. fort. of Columbia Code to increase the cap I ask unanimous consent to print a By Ms. COLLINS (for herself, Mr. on the number of Associate Judges on section-by-section analysis of HONDA VOINOVICH, and Mr. DURBIN): the Superior Court. This is not in- as well as the text of the bill in the tended to create new seats on the S. 1561. A bill to preserve existing RECORD. judgeships on the Superior Court of the Court; that was already done when the There being no objection, the mate- District of Columbia; to the Committee D.C. Family Court Act was enacted. In- rial was ordered to be printed in the on Governmental Affairs. stead, this would preserve existing RECORD, as follows: seats on the Court and remedy a prob- Ms. COLLINS. Mr. President, today I SECTION-BY-SECTION ANALYSIS am introducing a bill that would pre- lem that is effecting not only the Sec. 1—Title. serve existing seats on the District of Court, but the Senate as well. I believe Sec. 2—Findings. This section merely Columbia Superior Court. I am pleased that it is also important to not only states the findings of Congress that parents to be joined in this effort by Senators remedy the immediate problem before have the right to home school their children, VOINOVICH and DURBIN. the Senate, but also to ensure that all home schooling is effective, and the Congress The Superior Court is the local court of the divisions of the Superior Court and the Courts recognize the right of parents of general jurisdiction in the District are fully staffed. This is more than just to home school their children. It also states of Columbia. The Associate Judges on a procedural issue. It is also important that certain federal laws inadvertently ex- clude home schoolers, and that these laws the Court are selected through a two- for the citizens of the District of Co- are in need of clarification. step review process. When a vacancy on lumbia to know that all of the divi- Sec. 3—Sense of Congress. This section the Court occurs, usually because of a sions, including criminal and civil, are states that it is the sense of Congress that

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home schooling has made a positive con- principle and precedent under the United ‘‘(C) SPECIAL RULE FOR HOME SCHOOLS.—For tribution to our nation and that parents who States Constitution. purposes of clauses (i) and (iii) of subpara- choose to homeschool should be encouraged (2) The Congress, the President, and the graph (A), the terms ‘public, private, or reli- in their efforts. Supreme Court, in exercising their legisla- gious school’ and ‘school’ shall include any Sec. 4—Clarification of Provisions on Insti- tive, executive, and judicial functions, re- home school which provides elementary or tutional and Student Eligibility Under the spectively, have repeatedly affirmed the secondary education if such school is treated Higher Education Act of 1965. To receive fed- rights of parents. as a home school or private school under eral student aid, both a student and the in- (3) Education by parents at home has prov- State law.’’. stitution accepting that student must be ‘‘el- en to be an effective means for young people (b) EFFECTIVE DATE.—The amendment igible’’ under the Higher Education Act. It’s to achieve success on standardized tests and made by subsection (a) shall apply to taxable been clear since 1998 that home schoolers are to learn valuable socialization skills. years beginning after the date of the enact- eligible, but regulations promulgated in the (4) Young people who have been educated ment of this Act. late 1990’s called that eligibility into ques- at home are proving themselves to be com- SEC. 7. CLARIFICATION OF SECTION 444 OF THE tion. This section would merely clarify that petent citizens in post-secondary education GENERAL EDUCATION PROVISIONS institutions which accepted home schoolers and the workplace. ACT AS TO PUBLICLY HELD would remain eligible for federal aid. (5) The rise of private home education has RECORDS OF STUDENTS PRIVATELY Sec. 5—Clarification of the Child Find contributed positively to the education of EDUCATED AT HOME UNDER STATE Process Under the Individuals with Disabil- young people in the United States. LAW. ities Education Act. Under IDEA, local (6) Several laws, written before and during Section 444 of the General Education Pro- school officials must seek out students who the rise of private home education, are in visions Act (20 U.S.C. 1232g; also referred to may qualify for special education services. need of clarification as to their treatment of as the Family Educational Rights and Pri- There is no requirement under current law students who are privately educated at home vacy Act of 1974) is amended— that forces school personnel to ignore the pursuant to State law. (1) in subsection (a)(5), by adding at the wishes of the parent and evaluate that par- (7) The United States Constitution does end the following: ent’s child under the child find process when not allow Federal control of homeschooling. ‘‘(C) For students in non-public education (including any student educated at home or they are found, though. Some schools, how- SEC. 3. SENSE OF CONGRESS. ever, continue to force parents to submit It is the sense of the Congress that— in a private school in accordance with State their children for evaluation, even when (1) private home education, pursuant to law), directory information may not be re- those parents intend to home school their State law, is a positive contribution to the leased without the written consent of the children. This section clarifies that if a par- United States; and parents of such student.’’; ent does not give his or her consent, then of- (2) parents who choose this alternative (2) in subsection (a)(6), by striking ‘‘, but ficials are not required to evaluate their education should be encouraged within the does not include a person who has not been child. framework provided by the Constitution. in attendance at such agency or institu- tion.’’ and inserting ‘‘, including any non- Sec. 6—Clarification of the Coverdell Edu- SEC. 4. CLARIFICATION OF PROVISIONS ON IN- cation Savings Account as to its Applica- STITUTIONAL AND STUDENT ELIGI- public school student (including any student bility for Expenses Associated with Students BILITY UNDER THE HIGHER EDU- educated at home or in a private school as Privately Educated at Home under State CATION ACT OF 1965. provided under State law). This paragraph Law. This section states that parents would (a) CLARIFICATION OF INSTITUTIONAL ELIGI- shall not be construed as requiring an edu- be eligible to use money saved in Coverdell BILITY.—Section 101(a)(1) of the Higher Edu- cational agency or institution to maintain Savings Accounts for qualified home edu- cation Act of 1965 (20 U.S.C. 1001(a)(1)) is education records or personally identifiable cation expenses, just as parents of private amended by inserting ‘‘meeting the require- information for any non-public school stu- and public schooled students can now use ments of section 484(d)(3) or’’ after ‘‘only per- dent.’’; and that money for qualified education expenses. sons’’ . (3) in subsection (b)(1), by striking sub- Sec. 7—Clarification of Section 444 of Gen- (b) CLARIFICATION OF STUDENT ELIGI- paragraph (F) and inserting the following: eral Education Provisions Act as to Publicly BILITY.—Section 484(d) of the Higher Edu- ‘‘(F) organizations conducting studies for, Held Records of Students Privately Educated cation Act of 1965 (20 U.S.C. 1091(d)) is or on behalf of, educational agencies or insti- at Home Under State Law. The Family Edu- amended by striking the heading ‘‘STUDENTS tutions for the purpose of developing, vali- cational Records and Privacy Act makes the WHO ARE NOT HIGH SCHOOL GRADUATES’’ and dating, or administering predictive tests, ad- records of public school students unavailable inserting ‘‘SATISFACTION OF SECONDARY EDU- ministering student aid programs, and im- CATION STANDARDS’’. to the general public. In many states, proving instruction, provided— though, home schooled students must file in- SEC. 5. CLARIFICATION OF THE CHILD FIND ‘‘(i) such studies are conducted in such a PROCESS UNDER THE INDIVIDUALS formation with public education officials. manner as will not permit the personal iden- WITH DISABILITIES EDUCATION tification of students and their parents by This information is not protected by the ACT. Family Educational Records and Privacy Section 614(a)(1) of the Individuals with persons other than representatives of such Act, even though similar records of public Disabilities Education Act (20 U.S.C. organizations and such information will be school students are. This section would rec- 1414(a)(1)) is amended by adding at the end destroyed when no longer needed for the pur- tify this situation. the following: pose for which it is conducted; and Sec. 8—Clarification of Eligibility for Stu- ‘‘(D) EFFECT OF ABSENCE OF CONSENT ON ‘‘(ii) for students in non-public education, dents Privately Educated at Home Under AGENCY OBLIGATIONS.—In any case for which education records or personally identifiable State Law for the Robert C. Byrd Honors there is an absence of consent for an initial information may not be released without the Scholarship Program. This section would evaluation under this paragraph or for spe- written consent of the parents of such stu- allow home schooled students to apply for cial education or related services to a child dent.’’. the federally funded Robert C. Byrd Honors with a disability under this part— SEC. 8. CLARIFICATION OF ELIGIBILITY FOR STU- Scholarship Program. ‘‘(i) the local educational agency shall not DENTS PRIVATELY EDUCATED AT Sec. 9—Clarification of the Fair Labor be required to convene an IEP meeting or de- HOME UNDER STATE LAW FOR THE Standards Act as Applied to Students Pri- ROBERT C. BYRD HONORS SCHOLAR- velop an IEP under this section for the child; SHIP PROGRAM. vately Educated at Home Under State Law. and This section would allow students who are Section 419F(a) of the Higher Education ‘‘(ii) the local educational agency shall not Act of 1965 (20 U.S.C. §1070d–36(a)) is amended home schooled to work during traditional be considered to be in violation of any re- school hours. Since home schooled students by inserting ‘‘(or a home school, whether quirement under this part (including the re- treated as a home school or a private school are not bound by the traditional school day quirement to make available a free appro- and since many families choose home school- under State law)’’ after ‘‘public or private priate public education to the child) with re- secondary school’’. ing for its flexibility, it makes sense for the spect to the lack of an initial evaluation of law to accommodate this flexibility. This the child, an IEP meeting with respect to the SEC. 9. CLARIFICATION OF THE FAIR LABOR would not affect any other child labor laws. STANDARDS ACT AS APPLIED TO child, or the development of an IEP under STUDENTS PRIVATELY EDUCATED this section for the child.’’. AT HOME UNDER STATE LAW. S. 1562 SEC. 6. CLARIFICATION OF THE COVERDELL EDU- Subsection (l) of section 3 of the Fair Be it enacted by the Senate and House of Rep- CATION SAVINGS ACCOUNT AS TO Labor Standards Act of 1938 (29 U.S.C. 203) is ITS APPLICABILITY FOR EXPENSES resentatives of the United States of America in amended by adding at the end the following: Congress assembled, ASSOCIATED WITH STUDENTS PRI- VATELY EDUCATED AT HOME ‘‘The Secretary shall extend the hours and SECTION 1. SHORT TITLE. UNDER STATE LAW. periods of permissible employment applica- This Act may be cited as the ‘‘Home (a) IN GENERAL.—Paragraph (4) of section ble to employees between the ages of four- School Non-Discrimination Act of 2003’’. 530(b) of the Internal Revenue Code of 1986 teen and sixteen years who are privately SEC. 2. FINDINGS. (relating to qualified elementary and sec- educated at a home school (whether the The Congress finds as follows: ondary education expenses) is amended by home school is treated as a home school or a (1) The right of parents to direct the edu- adding at the end the following new subpara- private school under State Law) beyond such cation of their children is an established graph: hours and periods applicable to employees

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10914 CONGRESSIONAL RECORD — SENATE August 1, 2003 between the ages of fourteen and sixteen broadcast media and the fullest pos- counsel or treat women who have been years who are educated in traditional public sible participation in the political raped should consistently inform, pro- schools.’’. process for all our citizens, including vide or meaningfully refer women for By Mr. KENNEDY (for himself, the growing number of those whose emergency contraception. Indeed, the emergency care standards of the Amer- Mrs. CLINTON, and Mr. PRYOR): first language is English. We look for- S. 1563. A bill to require the Federal ward to working with our colleagues in ican Medical Association recommend Communications Commission to report Congress to enact this needed legisla- that rape survivors seeking medical to Congress regarding the ownership tion. care be counseled about their risk of and control of broadcast stations used pregnancy and offered emergency con- to serve language minorities, and for By Mr. CORZINE (for himself, traception. other purposes; to the Committee on Mr. KERRY, Mrs. MURRAY, Mr. The legislation, which is identical to Commerce, Science, and Transpor- DURBIN, Mr. LAUTENBERG, and legislation recently introduced in the tation. Ms. CANTWELL): House of Representatives by Represent- Mr. KENNEDY. Mr. President, Sen- S. 1564. A bill to provide for the pro- atives JAMES GREENWOOD and STEVEN ator CLINTON and I are proposing legis- vision by hospitals of emergency con- ROTHMAN, would require hospitals that lation to protect the voices of language traceptives to women who are sur- receive federal funds to offer informa- minorities in our country. Representa- vivors of sexual assault; to the Com- tion about and access to emergency tive ROBERT MENENDEZ will be intro- mittee on Health, Education, Labor, contraception for victims of rape. This ducing a companion bill in the House and Pensions. commonsense legislation will help en- after the August recess. Our bill is Mr. CORZINE. Mr. President, every sure that women who have survived a called the National Minority Media Op- two minutes a woman is sexually as- heinous sexual attack will have access portunities Act. Its goal is to see that saulted in the United States, and an es- to comprehensive and compassionate Americans who are members of any timated 25,000 annually will become emergency medical care. ‘‘language minority’’ groups under the pregnant as a result of rape. Though We must not sit idly by while so Voting Rights Act—defined as Amer- there is widespread consensus in the many sexual assault victims are not ican Indian, Asian Americans, Alaskan medical community that emergency given the opportunity to safely and ef- Natives, and Hispanic Americans—are contraception is a safe and effective fectively prevent a pregnancy caused not injured by excessive media con- means of preventing pregnancy after by their assault. I ask my colleagues to centration of companies that broadcast unprotected intercourse, studies indi- join me in support of this effort to help primarily in their native languages. cate that many hospitals still do not sexual assault victims across the coun- Neither the Federal Communications provide emergency contraception to try receive the medical care they need Commission’s new broadcast ownership rape survivors. That is why today, and deserve. regulations adopted on June 2 nor the along with my colleagues Senators I ask unanimous consent that the previous regulations deal with the ef- KERRY, MURRAY, DURBIN, LAUTENBERG, text of the bill be printed in the fects of growing media concentration and CANTWELL, I am introducing the RECORD. on citizens relying on minority-lan- Compassionate Assistance in Rape There being no objection, the bill was guage broadcasts for their news and in- Emergencies Act, or CARE Act, which ordered to be printed in the RECORD, as follows: formation. will ensure that women who are sur- The FCC’s new rules are already con- vivors of sexual assault have access to S. 1564 troversial because they allow excessive and information about emergency con- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in concentration, in spite of its effect on traception regardless of where they re- competition, the diversity of views, Congress assembled, ceive medical care. SECTION 1. SHORT TITLE. and other major national, State, and Emergency Contraceptive Pills local priorities. Unfortunately, the spe- This Act may be cited as the ‘‘Compas- (ECPs) are the most commonly used sionate Assistance for Rape Emergencies cific and often more harmful effects of method of emergency contraception. Act’’. such concentration on minority popu- ECPs are birth control pills taken in SEC. 2. FINDINGS. lations have gone largely unnoticed. larger doses that can reduce a woman’s Congress makes the following findings: For instance, surveys show that the risk of becoming pregnant by up to 95 (1) It is estimated that 25,000 to 32,000 majority of the nearly 40 million His- percent when taken within 72 hours of women become pregnant each year as a re- panic Americans rely significantly on sult of rape or incest. An estimated 22,000 of unprotected intercourse. I want to be Spanish-language broadcast media for these pregnancies could be prevented if rape their news and information. Forty per- clear that emergency contraception survivors had timely access to emergency cent—nearly 16 million—of them rely does not cause abortion. Instead, emer- contraception. predominantly on Spanish-language gency contraception works by inhib- (2) A 1996 study of rape-related pregnancies (published in the American Journal of Ob- broadcast media, and 25 percent—near- iting ovulation or fertilization, or by preventing the implantation of a fer- stetrics and Gynecology) found that 50 per- ly 10 million—rely exclusively on it. cent of the pregnancies described in para- Additional measures are clearly tilized egg before a pregnancy can occur. graph (1) ended in abortion. needed to guarantee that Americans (3) Surveys have shown that many hos- who are members of minority language Despite the documented benefits of pitals do not routinely provide emergency groups will continue to have access to emergency contraception, many hos- contraception to women seeking treatment diverse sources of news, information pitals neglect their responsibility to after being sexually assaulted. and cultural programming, and to op- offer emergency contraception to sex- (4) The risk of pregnancy after sexual as- portunities for ownership of their ual assault survivors. For example, a sault has been estimated to be 4.7 percent in media. survey of emergency rooms in New survivors who were not protected by some Our bill addresses these concerns by York State found that 54 percent did form of contraception at the time of the at- not consistently provide emergency tack. requiring the FCC to hold public hear- (5) The Food and Drug Administration has ings, with notice and opportunity to contraception to women who had been declared emergency contraception to be safe comment, before approving the trans- raped. In Pennsylvania, only 28 percent and effective in preventing unintended preg- fer of a license for a station serving a of hospitals routinely offer and provide nancy, reducing the risk by as much as 89 minority-language audience. It also re- emergency contraception to sexual as- percent. quires the FCC to report to Congress sault survivors. (6) Medical research strongly indicates on issues involving the concentration In short, survivors of sexual assault that the sooner emergency contraception is of ownership and control of minority- are not consistently getting access to administered, the greater the likelihood of language broadcast media and the ef- all the treatment options available to preventing unintended pregnancy. them to prevent an unwanted preg- (7) In light of the safety and effectiveness fects of excessive concentration on of emergency contraceptive pills, both the competition and diversity in these mi- nancy. I believe it is unacceptable that American Medical Association and the nority-language markets. a rape victim’s access to standard care American College of Obstetricians and Gyne- The bill will continue the Nation’s depends on the hospital to which she is cologists have endorsed more widespread strong commitment to competition in taken. All healthcare institutions that availability of such pills.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10915 (8) The American College of Emergency (3) The term ‘‘Secretary’’ means the Sec- Mr. CORZINE. Mr. President, I rise Physicians and the American College of Ob- retary of Health and Human Services. today to introduce the Fire Safety In- stetricians and Gynecologists agree that of- (4) The term ‘‘sexual assault’’ means coitus centive Act of 2003, legislation to im- fering emergency contraception to female in which the woman involved does not con- prove fire safety and save lives by cre- patients after a sexual assault should be con- sent or lacks the legal capacity to consent. ating incentives for business owners to sidered the standard of care. (d) EFFECTIVE DATE; AGENCY CRITERIA.— (9) Nine out of ten women of reproductive This section takes effect upon the expiration install automatic fire sprinkler sys- age remain unaware of emergency contracep- of the 180-day period beginning on the date of tems. This bill would classify auto- tion. Therefore, women who have been sexu- enactment of this Act. Not later than 30 days matic fire sprinkler systems as five- ally assaulted are unlikely to ask for emer- prior to the expiration of such period, the year property for purposes of deprecia- gency contraception. Secretary shall publish in the Federal Reg- tion under the Tax Code. (10) New data from a survey of women hav- ister criteria for carrying out this section. In 2001, fire departments across the ing abortions estimates that 51,000 abortions United States responded to 1.7 million were prevented by use of emergency contra- By Mr. INOUYE: fires. Not including victims from the S. 1565. A bill to reauthorize the Na- ception in 2000 and that increased use of September 11 terrorist attacks, 3,745 tive American Programs Act of 1974; to emergency contraception accounted for 43 people died in fires, 99 of whom were percent of the decrease in total abortions be- the Committee on Indian Affairs. tween 1994 and 2000. Mr. INOUYE. Mr. President, August firefighters. Fires also caused almost (11) It is essential that all hospitals that 11, 2003, will mark the 25th Anniversary 21,000 civilian injuries and $8.9 billion provide emergency medical treatment pro- of the American Indian Religious Free- in direct property damage. On average, fire departments respond vide emergency contraception as a treat- dom Act of 1978. ment option to any woman who has been sex- I am proud to have served as one of to a fire every eighteen seconds, with ually assaulted, so that she may prevent an nine original co-sponsors of this Act, fires breaking out in a structure every unintended pregnancy. joining Senators Abourezk, Goldwater, sixty seconds and in a residential SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVI- Gravel, Hatfield, Humphrey, Kennedy, structure every eighty seconds. SION BY HOSPITALS OF EMERGENCY Recent tragedies have demonstrated Matsunaga and Stevens to introduce CONTRACEPTIVES WITHOUT how the lack of effective fire safety CHARGE. the Joint Resolution on December 15, precautions can have disastrous con- (a) IN GENERAL.—Federal funds may not be 1977. provided to a hospital under any health-re- The American Indian Religious Free- sequences. In February, 99 concertgoers lated program, unless the hospital meets the dom Act states that it is the policy of were killed when a pyrotechnic display conditions specified in subsection (b) in the the United States to preserve and pro- erupted into a fire that devastated the case of— tect the traditional religions of the concert venue in the deadliest fire in (1) any woman who presents at the hospital American Indians, Aleuts, Eskimos and Rhode Island history. Unfortunately, and states that she is a victim of sexual as- Native Hawaiians. It was necessary to the building was not equipped with fire sault, or is accompanied by someone who sprinklers to respond to the fire. In my states she is a victim of sexual assault; and declare this policy to begin to counter the ill effects that stemmed from the home state of New Jersey, a fire on the (2) any woman who presents at the hospital campus of Seton Hall killed three col- whom hospital personnel have reason to be- policy of the 1880s to the 1930s that lieve is a victim of sexual assault. sought to ban the exercise of Native lege students and injured 58 more peo- ple. In response to that tragedy, I in- (b) ASSISTANCE FOR VICTIMS.—The condi- American traditional religions. tions specified in this subsection regarding a With the American Indian Religious troduced the Campus Fire Safety Right hospital and a woman described in sub- Freedom Act policy in place, Congress to Know Act of 2003, S. 1385, which calls section (a) are as follows: built on this foundation to develop for disclosure of fire safety standards (1) The hospital promptly provides the more specific legislation in 1989 and and measures with respect to campus woman with medically and factually accu- 1990 to provide for the repatriation of buildings. rate and unbiased written and oral informa- The Fire Safety Incentive Act would tion about emergency contraception, includ- Native American human remains, sa- cred objects and items of cultural pat- go further by providing economic in- ing information explaining that— centives to business owners to install (A) emergency contraception does not rimony that were taken from Native automatic fire sprinkler systems. cause an abortion; and Americans during the time of that Fed- It is difficult to dispute the effective- (B) emergency contraception is effective in eral policy attempted to eliminate the ness of sprinklers in controlling fire most cases in preventing pregnancy after un- practice of their religions. protected sex. From time to time, the Congress has and saving lives and property. Accord- (2) The hospital promptly offers emergency also returned certain sacred lands to ing to the National Fire Prevention As- contraception to the woman, and promptly Native Americans for their traditional sociation, over a 10-year period ending provides such contraception to her on her re- religious use. in 1998, buildings with fire sprinkler quest. systems were proven safer. There were (3) The information provided pursuant to The Committee on Indian Affairs has been conducting a series of oversight 60 percent fewer deaths in manufac- paragraph (1) is in clear and concise lan- turing buildings equipped with fire guage, is readily comprehensible, and meets hearings on Native American sacred such conditions regarding the provision of places and has found that many of sprinkler systems than in those with- the information in languages other than these areas are being systematically out. Similarly, in hotels, there were 91 English as the Secretary may establish. damaged and destroyed, and Native percent fewer deaths in buildings with (4) The services described in paragraphs (1) Americans have no specific statutory fire sprinkler systems. In fact, the through (3) are not denied because of the in- authority that would enable them to NPFA has no record of a fire killing ability of the woman or her family to pay for defend their traditional religious areas more than two people in a public as- the services. in court. sembly, educational, institutional, or (c) DEFINITIONS.—For purposes of this sec- residential building in which a fire tion: I believe that this twenty-fifth anni- versary year of the American Indian sprinkler system was installed and op- (1) The term ‘‘emergency contraception’’ erating properly. The same study means a drug, drug regimen, or device that Religious Freedom Act is a fitting time is— for Congress to amend the Act, to as- showed that property loss from fires (A) used postcoitally; sure that Native Americans have the was significantly reduced by the pres- (B) prevents pregnancy by delaying ovula- legal means to protect their places of ence of fire sprinklers, from a low tion, preventing fertilization of an egg, or worship. range of 42 percent in industrial build- preventing implantation of an egg in a uter- I believe it is time that we join to- ings to an impressive high of 70 percent us; and gether in enacting legislation that will in public assembly occupancies. (C) is approved by the Food and Drug Ad- fulfill the policy promise of the Amer- While the effectiveness of fire sprin- ministration. ican Indian Religious Freedom Act. kler systems is well established, the (2) The term ‘‘hospital’’ has the meanings major impediment to their widespread given such term in title XVIII of the Social Security Act, including the meaning applica- By Mr. CORZINE: use has simply been their cost. More- ble in such title for purposes of making pay- S. 1566. A bill to improve fire safety over, many State and local govern- ments for emergency services to hospitals by creating incentives for the installa- ments lack any requirements for struc- that do not have agreements in effect under tion of automatic fire sprinkler sys- tures to contain automatic fire sprin- such title. tems; to the Committee on Finance. kler systems.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10916 CONGRESSIONAL RECORD — SENATE August 1, 2003 This bill would encourage businesses lars Act that extended this audit re- nancial Officer at the Department of to install fire sprinkler systems by cre- quirement to all Federal agencies with Homeland Security is subject to the ating tax incentives to do so. Under the budgets over $25 million, unless the Of- same requirements as all other simi- current Tax Code, assets are classified fice of Management and Budget pro- larly situated CFOs in cabinet-level de- under different schedules of deprecia- vided a waiver from the requirement. partments by providing that the CFO is tion. The often-employed ‘‘straight- President Bush signed the Account- nominated by the President and con- line’’ depreciation method uses an av- ability of Tax Dollars Act into law on firmed by the Senate; it will require erage deduction from year-to-year for November 7, 2002, as Public Law 107– the CFO at the Department of Home- 39 years. This legislation allows busi- 289. land Security to report directly to the nesses to classify sprinklers under a 5- As my colleagues may know, an audi- Secretary and be a part of the statu- year schedule, creating a meaningful tor may certify a financial statement torily created CFO Council; and it will tax incentive to install automated as unqualified, also known as a clean require the Department of Homeland sprinkler systems. audit, or as unqualified. An unqualified Security to include in each perform- This legislation would save lives and opinion means that an agency’s finan- ance and accountability report an prevent many tragedies. I hope my col- cial statements present fairly, in all audit opinion of the Department’s in- leagues will support it, and I ask unan- material respects, the financial posi- ternal controls over its financial re- imous consent that the text of the leg- tion, results of operations, and cash porting. islation be printed in the RECORD. flows of the agency. A qualified opinion Application of the Chief Financial contains an exception to the standard Officers Act to the Department of By Mr. FITZGERALD (for him- opinion, but the exception is not of suf- Homeland Security is essential to en- self and Mr. AKAKA): ficient magnitude to invalidate the sure that effective financial manage- S. 1567. A bill to amend title 31, statement as a whole. Finally, an agen- ment and reporting requirements are United States Code, to improve the fi- cy may also receive a disclaimer of adhered to by the newest, and one of nancial accountability requirements opinion. A disclaimer is the worst case the largest, cabinet-level departments applicable to the Department of Home- because it indicates that the agency’s in the Federal Government. The De- land Security, and for other purposes; accounts are in such disorder that the partment of Homeland Security is in to the Committee on Governmental Af- auditor is not in a position to make the process of integrating 22 agencies, fairs. any certification. many with disparate financial systems Mr. FITZGERALD. Mr. President, I This past year we have seen dramatic and a number with their own CFOs. In- rise today to introduce the Department improvement by Federal agencies re- clusion of the Department within the of Homeland Security Financial Ac- garding their financial reporting and management requirements of the CFO countability Act. I am joined in intro- audit compliance. In February 2003, the Act will help ensure that the financial ducing this legislation by the distin- Office of Management and Budget an- process is properly managed by requir- guished Senator from Hawaii, Senator nounced that a record 21 of the 24 CFO ing full financial disclosure of the De- AKAKA, who serves as the ranking Act agencies submitted unqualified fi- partment’s financial activities. There- member of the Governmental Affairs nancial audits, including for the first fore, I urge my colleagues to support Subcommittee on Financial Manage- time the Agriculture Department. As a passage of this bill to protect against ment, the Budget, and International member of the Senate Committee on financial waste, fraud, and abuse with- Security, which I chair. Agriculture, Nutrition, and Forestry, I in the Department of Homeland Secu- This bill is a companion bill to H.R. raised the issue of financial manage- rity. 2886 that Congressman TODD PLATTS, ment with Secretary Ann Veneman at I ask unanimous consent that the chairman of the Subcommittee on Gov- her nomination hearing on January 18, text of the bill be printed in the ernment Efficiency and Financial Man- 2001, and stressed the importance of un- RECORD. agement, introduced in the House of qualified opinions. I was, therefore, There being no objection, the text of Representatives on July 24, 2003. The pleased to see that the USDA received the bill was ordered to be printed in House bill has bipartisan support from its first unqualified opinion this year, the RECORD. the leadership of the House Govern- demonstrating remarkable improve- S. 1567 ment Reform Committee, including ment in the department’s financial Be it enacted by the Senate and House of Rep- Chairman TOM DAVIS, Ranking Minor- management. resentatives of the United States of America in ity Member HENRY WAXMAN, and the I also discussed financial manage- Congress assembled, vice chairman and ranking minority ment recently with the Department of SECTION 1. SHORT TITLE. member of the Subcommittee on Gov- Homeland Security, Secretary Tom This Act may be cited as the ‘‘Department ernment Efficiency and Financial Man- Ridge, when he testified before the of Homeland Security Financial Account- agement, MARSHA BLACKBURN and Government Affairs Committee on May ability Act’’. EDOLPHUS TOWNS. 1, 2003. At that time, Secretary Ridge SEC. 2. CHIEF FINANCIAL OFFICER OF THE DE- The purpose of this bill is to ensure assured me that financial management PARTMENT OF HOMELAND SECU- that the Department of Homeland Se- is a top priority for the Department, RITY. curity is included in the Chief Finan- (a) IN GENERAL.—Section 901(b)(1) of title and every effort will be made to com- 31, United States Code, is amended— cial Officers Act of 1990, as amended, ply with the provisions of the CFO Act. (1) by redesignating subparagraphs (G) and is subject to the same audit re- While Secretary Ridge and the Office of through (P) as subparagraphs (H) through quirements that currently apply to Management and Budget have dem- (Q), respectively; and over 100 Federal agencies. onstrated their commitment to finan- (2) by inserting after subparagraph (F) the Improving financial management in cial accountability, the bill I am intro- following: the Federal Government to eliminate ducing today will ensure that future ‘‘(G) The Department of Homeland Secu- waste, fraud, and abuse, has long been secretaries and future administrations rity.’’. a priority for me. The Chief Financial (b) APPOINTMENT OR DESIGNATION OF CFO.— also will comply with the CFO Act. The President shall appoint or designate a Officers Act (CFO Act) is regarded as The legislation I propose will ensure Chief Financial Officer of the Department of one of the most important statutes that the Department of Homeland Se- Homeland Security under the amendment that contributes significantly towards curity is subject to the same financial made by subsection (a) by not later than 180 accomplishing this objective. The management requirements as all other days after the date of the enactment of this original CFO Act required 24 Federal cabinet departments by accomplishing Act. agencies to submit audited financial the following: It will include the De- (c) CONTINUED SERVICE OF CURRENT OFFI- statements to the Office of Manage- partment in the list of agencies cov- CIAL.—The individual serving as Chief Finan- ment and Budget (OMB) and the Con- ered by the CFO Act, and make nec- cial Officer of the Department of Homeland Security immediately before the enactment gress, thereby improving the account- essary adjustments to the Homeland of this Act may continue to serve in that po- ability of Federal agencies to the tax- Security Act of 2002 so that it is con- sition until the date of the confirmation or payer. In the 107th Congress I spon- sistent with the provisions of the CFO designation, as applicable (under section sored the Accountability of Tax Dol- Act; it will ensure that the Chief Fi- 901(a)(1)(B) of title 31, United States Code), of

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10917 a successor under the amendment made by tion, financial data and information mate. Identical legislation has been in- subsection (a). standards, internal controls, legisla- troduced in the House of Representa- (d) CONFORMING AMENDMENTS.— tion affecting financial operations and tives. (1) HOMELAND SECURITY ACT OF 2002.—The organizations, and any other financial REITs are publicly traded real estate Homeland Security Act of 2002 (Public Law companies that pass through their 107–296) is amended— management matters. In addition, the (A) in section 103 (6 U.S.C. 113)— bill would require the DHS CFO to pre- earnings to individual shareholders. (i) in subsection (d) by striking paragraph pare and provide for audit, annual fi- Congress originally created REITs in (4), and redesignating paragraph (5) as para- nancial statements that are submitted 1960 to enable small investors to make graph (4); to Congress, which will aid in congres- investments in large-scale, income pro- (ii) by redesignating subsection (e) as sub- sional oversight of the Department. ducing real estate. By doing so, Con- section (f); and Although the DHS bill adopted by gress made commercial real estate (iii) by inserting after subsection (d) the the Govermental Affairs Committee more accessible, more liquid, more following: transparent, and more attuned to in- ‘‘(e) CHIEF FINANCIAL OFFICER.—There shall last year, S. 2452, would have put the be in the Department a Chief Financial Offi- new Department under the CFO Act, vestor interests. REITs have evolved to cer, as provided in chapter 9 of title 31, the enacted version of the bill, P.L. own properties across the country, in- United States Code.’’; and 107–296, did not. All other Federal de- cluding office buildings, apartments, (B) in section 702 (6 U.S.C. 342) by striking partments and major agencies are shopping centers, and warehouses. As a ‘‘shall report’’ and all that follows through under the requirements of the Act. result, these entities play a key role in the period and inserting ‘‘shall perform func- Since the passage of the CFO Act in helping our economy move forward by tions as specified in chapter 9 of title 31, 1990, tremendous improvements have promoting investment and creating United States Code.’’. jobs. (2) FEMA.—Section 901(b)(2) of title 31, been made in agency financial manage- ment. For example, all CFO Act agen- The Internal Revenue Code includes United States Code, is amended by striking detailed rules governing the operations subparagraph (B), and by redesignating sub- cies, except for the Department of De- paragraphs (D) through (H) as subparagraphs fense and the Agency for International of REITs, the types of income they can earn, and the assets they hold. Con- (C) through (G), respectively. Development, achieved clean opinions gress last amended these provisions in SEC. 3. FUNCTIONS OF CHIEF FINANCIAL OFFI- from their auditors on their financial CER OF THE DEPARTMENT OF 1999. The REIT Improvement Act is the statements in fiscal year 2003. Initially, HOMELAND SECURITY. product of almost two years of discus- none of the agencies were able to do so. Section 3516 of title 31, United States Code, sions with the staffs of the Treasury Also, the General Accounting Office is amended by adding at the end the fol- Department and the Joint Committee lowing: has reported that the number and se- on Taxation on how to find solutions to ‘‘(f) The Secretary of Homeland Security— verity of internal control problems re- several thorny problem areas where the ‘‘(1) shall submit for fiscal year 2004, and ported for CFO Act agencies have been rules are in need of clarification or for each subsequent fiscal year, a perform- significantly reduced. We expect good ance and accountability report under sub- modification. section (a) that incorporates the program corporate governance from the private The REIT Improvement Act includes performance report under section 1116 of this sector; we should also expect good gov- three titles: Title I—REIT Corrections; title for the Department of Homeland Secu- ernance from federal agencies. Title II—FIRPTA Corrections; and rity; and Adding DHS to the CFO Act would Title III—REIT Savings. ‘‘(2) shall include in each performance and also require that it meet the require- Title I includes several corrections to accountability report an audit opinion of the ments of the Federal Financial Man- the REIT tax rules to remove some un- Department’s internal controls over its fi- agement Improvement Act of 1996 nancial reporting.’’. certainties and provide corrections (FFMIA), P.L. 104–208, which mandates largely arising from enactment of the Mr. AKAKA. Mr. President. As the that all agencies subject to the CFO REIT Modernization Act in 1999. Al- ranking member of the Subcommittee Act meet certain financial system con- though these provisions have very lit- on Financial Management, the Budget, ditions. The goal of FFMIA is for agen- tle effect on revenue to the Treasury, and International Security, I am hon- cies to have systems that provide reli- they are of considerable importance to ored to work with my colleague Sen- able financial information available for REITs because they remove uncertain- ator FITZGERALD, Chairman of the Sub- day-to-day management. ties that interfere with the efficient committee, to introduce the ‘‘Depart- It is our responsibility to ensure the operation of their businesses. ment of Homeland Security Financial Federal Government is accountable to Because publicly-held REITs have to Accountability Act.’’ the American taxpayers. I am pleased report quarterly to the Securities and Our bill would add the Department of to join with the Chairman of our Sub- Exchange Commission that they are in Homeland Security (DHS) to the Chief committee to ensure that DHS has the compliance with the specialized income Financial Officers Act of 1990 (CFO financial management systems and and asset tests applicable to REITs, Act), P.L. 101–576. It is a companion practices in place to provide meaning- the uncertain application of these tax measure to bipartisan legislation, H.R. ful and timely information needed for rules creates greater difficulties in 2886, introduced in the House on July effective and efficient management de- REIT business operators than unclear 24, 2003. Adding DHS would ensure that cision-making. tax rules generally do for other cor- Congress will have timely and accurate porations. financial information imperative for By Mr. HATCH (for himself, Mr. The most important, time-sensitive good governance of the resources of the BREAUX, Mr. SMITH, Mr. LOTT, provision in this title deals with what Department entrusted to making our and Ms. SNOWE): is called the ‘‘straight debt’’ rule. This homeland safe. S. 1568. A bill to amend the Internal rule, which was adopted in the REIT The CFO Act recognizes the responsi- Revenue Code of 1986 to simplify cer- Modernization Act of 1999, prohibits bility of governmental agencies to be tain provisions applicable to real es- REITs from owning more than 10 per- accountable to taxpayers. This bill tate investment trusts; to the Com- cent of the value of any other entity’s would require the President to appoint, mittee on Finance. securities. Although this rule was in- subject to Senate confirmation, a Chief Mr. HATCH. Mr. President, along tended to prevent REITs from owning Financial Officer for DHS, who would with my good friends and colleagues, more than 10 percent of the equity of report directly to the Director of the Senators BREAUX, SMITH, LOTT, and another corporation, as drafted the Department regarding financial man- SNOWE, I rise today to introduce the rules potentially apply to many situa- agement matters. It also requires the Real Estate Investment Trust Improve- tions when individuals and businesses DHS CFO to be a member of the CFO ment Act of 2003. This legislation owe some sort of debt, ‘‘security’’ de- Council. This Council is charged with would update the tax rules governing fined broadly, to a REIT. advising and coordinating the activi- real estate investment trusts, com- There are many situations in which ties of its members’ agencies on such monly referred to as REITs, by making REITs make non-abusive, ordinary matters as consolidation and mod- a number of minor but important loans in the course of business for ernization of financial systems, im- changes to remove uncertainties in the which they could face loss of REIT sta- proved quality of financial informa- law and improve their investment cli- tus because the loans do not qualify as

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10918 CONGRESSIONAL RECORD — SENATE August 1, 2003 ‘‘straight debt.’’ The most common are not met. The loss of REIT status 1960 as a means of enabling small inves- context for this situation is in the would be a catastrophic occurrence tors to invest in real estate through REIT’s relationship with its tenants. that the management of a REIT tries professionally managed companies. For example, the REIT might lend the to avoid at all costs, so much so that While REITs remained a very small tenant money for leasehold improve- they expend significant resources to sector of the real estate industry for ments. In some circumstances such a put in place compliance measures to many years—primarily as mortgage loan could represent more than 10 per- avoid such a result. A better, simpler owning companies—with the enact- cent of the tenant’s total debt obliga- alternative would be to build in some ment of tax reform in 1986, and the col- tions. In such a case, although the flexibility to the REIT tax rules and lapse of the real estate markets in the amount owed could be small, it could impose monetary penalties, in lieu of late 1980s—the REIT structure rapidly lead to REIT disqualification. The bill REIT disqualification, for the failure grew in the 1990s as an attractive we are introducing today would exempt to meet these strict rules that lead to means of owning real estate. Unlike from the 10 percent rule certain cat- REIT disqualification. the traditional form of real estate own- egories of loans that are non-abusive For example, under current law, a ership, REITs are publicly traded cor- and present little or no opportunity for REIT is disqualified if more than 5 per- porations that go to the public capital the REIT to participate in the profits cent of its assets are comprised of the markets to raise capital for their oper- of the issuer’s business. This includes securities of any entity, or if it owns ations. Today, REITs are corporations any loan from a REIT to an individual more than 10 percent of the voting or business trusts that combine the or to a government, and any debt aris- power or value of any entity. In lieu of capital of many investors to own, oper- ing from a real property rent arrange- disqualification of the REIT status for ate or finance income-producing real ment. violations of these rules, our bill would estate, such as apartments, storage fa- Other provisions in this title clarify first give REITs an opportunity to cilities, hotels, shopping centers, of- the related party rent rules that limit comply with the asset tests with re- fices, and warehouses. the amount of space a taxable sub- spect to any violation that does not ex- Because REITs are publicly traded sidiary may lease from its parent ceed 1 percent of their total assets. As- corporations that must show results to REIT, update the hedging definitions sets in excess of the 1 percent de mini- the financial markets, the REIT struc- in the REIT rules, remove a safe harbor mis amount would be subject to a tax ture injects better market discipline protection for a taxable subsidiary pro- of the greater of $50,000 or the highest into the real estate sector. This mini- viding customary services to a REIT’s corporate tax rate multiplied by the mizes the wild valuation swings that tenants, and restore a formula for im- net income from the assets if the viola- have characterized the real estate sec- posing a tax on REITs that fail to meet tion was justified by reasonable cause. tor in the past. It also limits the expo- the 95 percent gross income test. Under current law, a REIT is dis- sure of federally insured depository in- Finally, the bill would modify a safe qualified if it does not meet certain stitutions that have been traditional harbor to the prohibited transaction other tests relating to its organiza- lenders to private real estate compa- rule that imposes a 100 percent tax on tional structure, the distribution of its nies. the income REITs earn from sales of income, its annual elections to the The legislation that we are intro- ‘‘dealer property.’’ Currently, the safe IRS, the transferability of its shares, ducing today, the REIT Improvement harbor is limited to sales of property and other requirements. In lieu of this Act of 2003 (RIA), has three objectives. held for the production of rental in- disqualification, Title III would change Number one, to make a number of come that meet a series of tests. The the law, assess a monetary penalty of minor corrections in the REIT tax change proposed in this title would ex- $50,000 for each reasonable cause failure rules, including most importantly fix- tend the safe harbor to other REIT to satisfy these rules. This is a much ing an unintended problem arising property, not just that held for the pro- more reasonable solution. from the REIT Modernization Act of duction of rental income. These changes are similar to ‘‘inter- 1999 that now causes a company to lose Title II of the bill would modify the mediate sanctions’’ legislation that its REIT status by holding ordinary Foreign Investment in Real Property Congress approved a few years ago debt, e.g., a loan to a small tenant to Tax Act (‘‘FIRPTA’’) to remove bar- dealing with nonprofit organizations. finance tenant improvements. riers to foreign investment in REITs. That legislation imposed monetary Number two, to eliminate a major Today, there is very little foreign in- penalties on nonprofit organizations barrier to foreign investment in pub- vestment in REITs. We understand for violation of certain tax rules in lieu licly traded REITs that now treats that U.S. money managers routinely of a devastating loss of the organiza- portfolio investors as doing business in receive assignments to place foreign tions’ tax-exempt status. Those the U.S. merely because they receive investment capital in the United changes, like the ones we are proposing REIT capital gains distributions. The States under which they have complete today, recognize that it is far more change would parallel the existing Tax discretion to invest in any U.S. stocks likely that an entity will be sanctioned Code rule for a foreigner’s sale of a except REITs. The reason they are ex- under a penalty regime than under dra- publicly traded REIT’s stock. pressly told to avoid REITs is that conian rules that entirely disqualify Number three, to replace the penalty under FIRPTA, foreign investors that the organization. for reasonable cause violations of REIT receive REIT capital gains distribu- The REIT Improvement Act would tests from a loss of REIT status to a tions are treated as doing business in provide reasonable and much needed monetary penalty. This is similar to a the United States. reforms to the rules governing a key test that was enacted as part of the Title II would modify the FIRPTA component of our economy. We urge REIT Simplification Act of 1977, as rules so that a publicly traded REIT’s our colleagues to join with us in spon- well as ‘‘intermediate sanction’’ legis- payment of capital gains dividends to a soring this legislation and supporting lation Congress passed a few years ago foreign portfolio investor would no its inclusion in tax legislation heading for tax-exempt organizations. longer cause the REIT investor to be for passage this year. Twenty-nine members of the Ways considered doing business in the United Mr. BREAUX. Mr. President, I am and Means Committee are cosponsoring States. The effect of this would be to pleased to join my colleague, Senator identical legislation in the House of threat investments in REITs like in- HATCH in the introduction of the REIT Representatives, H.R. 1890. I expect we vestment in other corporations, and Improvement Act of 2003. Through this will eventually have similar support the provision would parallel current legislation we hope to remove a num- for this legislation in the Senate Fi- law governing a portfolio investor’s ber of uncertainties in the tax laws nance Committee. I invite may col- sale of REIT stock. that hinder the management of REITs, leagues to join us as cosponsors of this Title III of our bill, REIT Savings, and to improve the investment climate legislation in the weeks ahead. would modify a number so-called for REITs, particularly with respect to ‘‘death trap’’ provisions in the REIT their ability to attract foreign capital. By Mr. AKAKA: tax rules that result in the disquali- Real estate investment trusts S. 1569. A bill to amend title IV of the fication of the REIT if various rules (‘‘REITs’’) were created by Congress in Employee Retirement Income Security

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10919 Act of 1974 to require the Pension Ben- imum pension guarantee for a retiree is Mr. SANTORUM. Mr. President I rise efit Guaranty Corporation, in the case decreased if a participant retires at the to join my colleague Senator LINDSEY of airline pilots who are required by age of 60 to $28,585.20. This significant GRAHAM in reintroducing the Fair Care regulation to retire at age 60, to com- reduction in benefits puts pilots in a for the Uninsured Act, legislation pute the actuarial value of monthly difficult position. Their pensions have aimed at ensuring that all Americans, benefits in the form of a life annuity been reduced significantly and they are regardless of income, have a basic level commencing at age 60; to the Com- prohibited from reentering their pro- of resources to purchase health insur- mittee on Health, Education, Labor, fession due to the mandatory retire- ance. I am pleased that Congressman and Pensions. ment age. They are unable to go back MARK KENNEDY of Minnesota has joined Mr. AKAKA. Mr. President, I rise to their former jobs. in introducing companion legislation today to introduce the Pension Benefit It is my sincere hope that existing in the House of Representatives that Guaranty Corporation Pilots Equitable airlines are able to maintain their pen- now has 120 bipartisan cosponsors. Treatment Act to ensure fair treat- sion programs and that the change this As we all know, the growing ranks of ment of commerical airline pilot retir- bill makes will not be needed for any uninsured Americans—currently more ees. This bill will lower the age re- additional airline pension programs. than 40 million—remains a major na- quirement to receive the maximum However, due to the difficult financial tional problem that must be addressed pension benefits allowed by Pension conditions of many or the airlines, I as Congress considers improvements to Benefit Guaranty Corporation (PBGC) feel that we must enact this protective our healthcare delivery system. An Urban Institute study released to age 60 for pilots, who are mandated measure. My legislation ensures that earlier this year estimated that the na- by the Federal Aviation Administra- pilots are able to obtain the maximum tion annually spends about $35 billion tion (FAA) to retire before age 65. With PBGC benefit without being unfairly on uncompensated care received by the the airline industry experiencing se- penalized for having to retire at 60, if vere financial distress, we need to uninsured, both those who are unin- their pension plan is terminated. sured for a full year and those who lack enact this legislation to assist pilots I urge my colleagues to support this whose companies have been or will be coverage for part of a year. About two- bill. I ask unanimous consent that the thirds of uncompensated care, almost unable to continue their defined ben- text of the bill be printed in the $24 billion, is provided by hospitals car- efit pension plans. This bill will slight- RECORD. ing for uninsured people in emergency ly alter Title IV of the Employee Re- There being no objection, the bill was rooms, outpatient departments, and as tirement Income Security Act of 1974 ordered to be printed in the RECORD, as inpatients. This study also estimated to require the Pension Benefit Guar- follows: that a substantial portion of uncom- anty Corporation to take into account Be it enacted by the Senate and House of Rep- pensated care, perhaps as much as $30 the fact that the pilots are required to resentatives of the United States of America in billion, is already being financed by retire at the age of 60 when calculating Congress assembled, taxpayers through programs such as: their benefits. SECTION 1. SHORT TITLE. Medicare and Medicaid Dispropor- The Pension Benefit Guaranty Cor- This Act may be cited as the ‘‘Pension tionate Share Payments; Medicaid poration was established to ensure that Benefit Guaranty Corporation Pilots Equi- table Treatment Act’’. Upper Payment Limit payments; state workers with defined benefit pension SEC. 2. AGE REQUIREMENT FOR EMPLOYEES. and local tax appropriations, primarily plans are able to receive some protion (a) SINGLE-EMPLOYER PLAN BENEFITS to public hospitals and clinics; federal of their retirement income in cases GUARANTEED.—Section 4022(b) of the Em- grants to community health centers, where the employer does not have ployee Retirement Income Security Act of and federal direct care provided by the enough money to pay for all of the ben- 1974 (29 U.S.C. 1322(b)) is amended in the Department of Veterans Affairs and efits owed. After the employer proves flush matter following paragraph (3), by add- the Indian Health Service. to the PBGC that the business is finan- ing at the end the following: ‘‘If, at the time These sobering statistics reveal that cially unable to support the plan, the of termination of a plan under this title, reg- ulations prescribed by the Federal Aviation the price of being uninsured is very PBGC takes over the plan as a trustee high, and they ought to serve as a cata- and ensures that the current and future Administration require an individual to sep- arate from service as a commercial airline lyst for us to address the problem of retirees receive their pension benefits pilot after attaining any age before age 65, uninsured Americans in a deliberate within the legal limits. Four of the ten paragraph (3) shall be applied to an indi- yet responsible fashion. largest claims in PBGC’s history have vidual who is a participant in the plan by The Fair Care for the Uninsured Act been for airline pension plans. Al- reason of such service by substituting such represents a major step toward helping though airline employees account for age for age 65.’’. the uninsured obtain health insurance only two percent of participants his- (b) MULTIEMPLOYER PLAN BENEFITS GUAR- coverage through the creation of a new ANTEED.—Section 4022B(a) of the Employee torically covered by PBGC, they have refundable tax credit for the purchase constituted approximately 17 percent Retirement Income Security Act of 1974 (29 U.S.C. 1322b(a)) is amended by adding at the of private health insurance, a concept of claims. For example, Eastern Air- end the following: ‘‘If, at the time of termi- which again, enjoys bipartisan support. lines, Pan American, Trans World Air- nation of a plan under this title, regulations This legislation directly addresses lines, and US Airways have terminated prescribed by the Federal Aviation Adminis- one of the main barriers now inhibiting their pension plans and their retirees tration require an individual to separate access to health insurance for millions rely on the PBGC for their basic pen- from service as a commercial airline pilot of Americans: discrimination in the tax sion benefits. after attaining any age before age 65, this code. Most Americans obtain health in- The FAA requires commercial avia- subsection shall be applied to an individual surance through their place of work, tion pilots to retire when they reach who is a participant in the plan by reason of and for good reason: workers receive such service by substituting such age for age the age of 60. Pilots are therefore de- 65.’’. their employer’s contribution toward nied the maximum pension benefit ad- SEC. 3. EFFECTIVE DATE. health insurance completely free from ministered by the PBGC because they The amendments made by this Act shall federal taxation, including payroll are required to retire before the age of apply to benefits payable on or after the date taxes. The Federal Government effec- 65. Herein lies the problem. Mr. Presi- of enactment of this Act. tively subsidizes employer-provided dent, if pilots want to work beyond the health insurance to the tune of more age 60, they have to request a waiver By Mr. SANTORUM (for himself than $80 billion per year. By contrast, from the FAA. It is my understanding and Mr. GRAHAM of South Caro- individuals who purchase their own that the FAA does not grant many of lina): health insurance get virtually no tax these waivers. Therefore, most of the S. 1570. A bill to amend the Internal relief. They must buy insurance with pilots, if not all, do not receive the Revenue Code, of 1986 to allow individ- after-tax dollars, forcing many to earn maximum pension guarantee because uals a refundable credit against income twice as much income before taxes in they are forced to retire at age 60. tax for the purchase of private health order to purchase the same insurance. The maximum guaranteed pension at insurance, and to establish State This hidden health tax penalty effec- the age of 65 for plans that terminate health insurance safety-net programs; tively punishes people who try to buy in 2003 is $43,977.24. However, the max- to the Committee on Finance. their insurance outside the workplace.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10920 CONGRESSIONAL RECORD — SENATE August 1, 2003 The Fair Care for the Uninsured Act In reducing the amount of uncompen- ‘‘(i) $1,000 if such individual is the tax- would remedy his situation by creating sated care that is offset through cost payer, a parallel system for working families shifting to private insurance plans, and ‘‘(ii) $1,000 if— who do not have access to health insur- ‘‘(I) such individual is the spouse of the in substantially increasing the insur- taxpayer, ance through the workplace. Specifi- ance base, a health insurance tax cred- ‘‘(II) the taxpayer and such spouse are cally, this legislation creates a refund- it will help relieve some of the spi- married as of the first day of such month, able tax credit of $1,000 per adult and raling costs of our health care delivery and up to $3,000 per family, indexed for in- system. It would also encourage insur- ‘‘(III) the taxpayer files a joint return for flation, for the purchase of private ance companies to write policies the taxable year, and health insurance; would be available to geared to the size of the credit, thus of- ‘‘(iii) $500 if such individual is an indi- individuals and families who don’t have fering more options and making it pos- vidual for whom a deduction under section access to coverage through the work- 151(c) is allowable to the taxpayer for such sible for low-income families to obtain taxable year. place or a federal government program; coverage without paying much more ‘‘(B) LIMITATION TO 2 DEPENDENTS.—Not enables individuals to use their credit than the available credits. more than 2 individuals may be taken into to shop for a basic plan that best suits It is time that we reduced the tax account by the taxpayer under subparagraph their needs and which would be port- bias against families who do not have (A)(iii). able from job to job; and allows indi- access to coverage through their place ‘‘(C) SPECIAL RULE FOR MARRIED INDIVID- viduals to buy more generous coverage of work or existing government pro- UALS.—In the case of an individual— ‘‘(i) who is married (within the meaning of with after-tax dollars. And of course grams, and to encourage the creation the States could supplement the credit. section 7703) as of the close of the taxable of an effective market for family-se- year but does not file a joint return for such I would like to apprise our colleagues lected and family-owned plans, where year, and of one improvement in particular Americans have more choice and con- ‘‘(ii) who does not live apart from such in- which we have added to last session’s trol over their health care dollars. The dividual’s spouse at all times during the tax- bill that we believe will help bring Fair Care for the Uninsured Act would able year, about an even more positive impact on create tax fairness where currently the limitation imposed by subparagraph (B) America’s uninsured population. In an shall be divided equally between the indi- none exists by requiring that all Amer- vidual and the individual’s spouse unless effort to keep premiums affordable for icans receive the same tax encourage- older, sicker Americans, our Fair Care they agree on a different division. ment to purchase health insurance, re- ‘‘(3) COVERAGE MONTH.—For purposes of legislation augments funding provided gardless of employment. this subsection— in the Trade Act of 2002, P.L. 107–210, to It is my hope that our colleagues will ‘‘(A) IN GENERAL.—The term ‘coverage State-run safety net insurance pro- join Senator GRAHAM and me in endors- month’ means, with respect to an individual, grams, currently operating in 30 ing this legislation to provide people any month if— States, and encourages more States to who purchase health insurance on their ‘‘(i) as of the first day of such month such individual is covered by qualified health in- establish these important programs. own similar tax treatment as those And, as in our legislation last session surance, and who have access to insurance through ‘‘(ii) the premium for coverage under such of Congress, we seek to help further re- their employer. insurance for such month is paid by the tax- duce premiums by permitting the cre- I ask unanimous consent that the payer. ation of Individual Membership Asso- text of the bill be printed in the ‘‘(B) EMPLOYER-SUBSIDIZED COVERAGE.— ciations, through which individuals can RECORD. ‘‘(i) IN GENERAL.—Such term shall not in- obtain basic coverage free of costly There being no objection, the bill was clude any month for which such individual is state benefit mandates. eligible to participate in any subsidized ordered to be printed in the RECORD, as health plan (within the meaning of section This legislation complements a bi- follows: partisan consensus which is emerging 162(l)(2)) maintained by any employer of the S. 1570 taxpayer or of the spouse of the taxpayer. around this means for addressing the Be it enacted by the Senate and House of Rep- ‘‘(ii) PREMIUMS TO NONSUBSIDIZED PLANS.— serious problem of uninsured Ameri- resentatives of the United States of America in If an employer of the taxpayer or the spouse cans: Instead of creating new govern- Congress assembled, of the taxpayer maintains a health plan ment entitlements to medical services, SECTION 1. SHORT TITLE. which is not a subsidized health plan (as so tax credits provide public financing to This Act may be cited as the ‘‘Fair Care defined) and which constitutes qualified help uninsured Americans buy private for the Uninsured Act of 2003’’. health insurance, employee contributions to health insurance. President Bush has the plan shall be treated as amounts paid for TITLE I—REFUNDABLE CREDIT FOR qualified health insurance. proposed a similar tax credit for health HEALTH INSURANCE COVERAGE ‘‘(C) CAFETERIA PLAN AND FLEXIBLE SPEND- insurance coverage, and Congress has SEC. 101. REFUNDABLE CREDIT FOR HEALTH IN- ING ACCOUNT BENEFICIARIES.—Such term shall already acknowledged the promise of SURANCE COVERAGE. not include any month during a taxable year this idea in passing into law the new (a) IN GENERAL.—Subpart C of part IV of if any amount is not includable in the gross Health Coverage Tax Credit, which subchapter A of chapter 1 of the Internal income of the taxpayer for such year under helps folks who are eligible to receive Revenue Code of 1986 (relating to refundable section 106 with respect to— Trade Adjustment Assistance or pen- credits) is amended by redesignating section ‘‘(i) a benefit chosen under a cafeteria plan 36 as section 37 and by inserting after section sion benefit payments from the Pen- (as defined in section 125(d)), or 35 the following new section: ‘‘(ii) a benefit provided under a flexible sion Benefit Guaranty Corporation. ‘‘SEC. 36. HEALTH INSURANCE COSTS. spending or similar arrangement. Some 200,000 people across the country ‘‘(a) IN GENERAL.—In the case of an indi- ‘‘(D) MEDICARE AND MEDICAID.—Such term who meet eligibility requirements— vidual, there shall be allowed as a credit shall not include any month with respect to nearly 200,000 of whom reside in the against the tax imposed by this subtitle an an individual if, as of the first day of such Commonwealth of Pennsylvania—now amount equal to the amount paid during the month, such individual— can obtain a tax credit covering 65 per- taxable year for qualified health insurance ‘‘(i) is entitled to any benefits under title cent of qualified health insurance pre- for the taxpayer, his spouse, and dependents. XVIII of the Social Security Act, or miums. They can get this assistance in ‘‘(b) LIMITATIONS.— ‘‘(ii) is a participant in the program under ‘‘(1) IN GENERAL.—The amount allowed as a title XIX or XXI of such Act. two ways. First, they can claim it on credit under subsection (a) to the taxpayer ‘‘(E) CERTAIN OTHER COVERAGE.—Such term their tax forms in a lump sum next for the taxable year shall not exceed the sum shall not include any month during a taxable year on April 15th. Or, beginning in Au- of the monthly limitations for coverage year with respect to an individual if, at any gust, the Health Coverage Tax Credit months during such taxable year for each in- time during such year, any benefit is pro- program will allow eligible individuals dividual referred to in subsection (a) for vided to such individual under— and their families to directly apply the whom the taxpayer paid during the taxable ‘‘(i) chapter 89 of title 5, United States credit to their health insurance pre- year any amount for coverage under quali- Code, miums every month. This advance pay- fied health insurance. ‘‘(ii) chapter 55 of title 10, United States ‘‘(2) MONTHLY LIMITATIONS.— Code, ment option could make a big dif- ‘‘(A) IN GENERAL.—The monthly limitation ‘‘(iii) chapter 17 of title 38, United States ference for families that are just get- for an individual for each coverage month of Code, or ting by month-to-month or week-to- such individual during the taxable year is ‘‘(iv) any medical care program under the week. the amount equal to 1⁄12 of— Indian Health Care Improvement Act.

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‘‘(F) PRISONERS.—Such term shall not in- actions with other persons) is amended by (B) Paragraph (2) of section 6724(d) of such clude any month with respect to an indi- adding at the end the following new section: Code is amended by striking ‘‘or’’ at the end vidual if, as of the first day of such month, ‘‘SEC. 6050U. RETURNS RELATING TO PAYMENTS of subparagraph (AA), by striking the period such individual is imprisoned under Federal, FOR QUALIFIED HEALTH INSUR- at the end of subparagraph (BB) and insert- State, or local authority. ANCE. ing ‘‘, or’’, and by adding at the end the fol- ‘‘(G) INSUFFICIENT PRESENCE IN UNITED ‘‘(a) IN GENERAL.—Any person who, in con- lowing new subparagraph: STATES.—Such term shall not include any nection with a trade or business conducted ‘‘(CC) section 6050U(d) (relating to returns month during a taxable year with respect to by such person, receives payments during relating to payments for qualified health in- an individual if such individual is present in any calendar year from any individual for surance).’’. the United States on fewer than 183 days dur- coverage of such individual or any other in- (3) CLERICAL AMENDMENT.—The table of ing such year (determined in accordance dividual under creditable health insurance, sections for subpart B of part III of sub- with section 7701(b)(7)). shall make the return described in sub- chapter A of chapter 61 of such Code is ‘‘(4) COORDINATION WITH DEDUCTION FOR section (b) (at such time as the Secretary amended by adding at the end the following HEALTH INSURANCE COSTS OF SELF-EMPLOYED may by regulations prescribe) with respect new item: INDIVIDUALS.—In the case of a taxpayer who to each individual from whom such pay- ‘‘Sec. 6050U. Returns relating to payments is eligible to deduct any amount under sec- ments were received. for qualified health insur- tion 162(l) for the taxable year, this section ‘‘(b) FORM AND MANNER OF RETURNS.—A re- ance.’’. shall apply only if the taxpayer elects not to turn is described in this subsection if such (d) CONFORMING AMENDMENTS.— claim any amount as a deduction under such return— (1) Paragraph (2) of section 1324(b) of title section for such year. ‘‘(1) is in such form as the Secretary may 31, United States Code, is amended by insert- ‘‘(c) QUALIFIED HEALTH INSURANCE.—For prescribe, and ing before the period ‘‘, or from section 36 of purposes of this section— ‘‘(2) contains— such Code’’. ‘‘(1) IN GENERAL.—The term ‘qualified ‘‘(A) the name, address, and TIN of the in- (2) The table of sections for subpart C of health insurance’ means insurance which dividual from whom payments described in part IV of subchapter A of chapter 1 of such constitutes medical care as defined in sec- subsection (a) were received, Code is amended by striking the last item tion 213(d) without regard to— ‘‘(B) the name, address, and TIN of each in- and inserting the following new items: ‘‘(A) paragraph (1)(C) thereof, and dividual who was provided by such person ‘‘(B) so much of paragraph (1)(D) thereof as with coverage under creditable health insur- ‘‘Sec. 36. Health insurance costs. relates to qualified long-term care insurance ance by reason of such payments and the pe- ‘‘Sec. 37. Overpayments of tax.’’. contracts. riod of such coverage, and (e) EFFECTIVE DATE.—The amendments ‘‘(2) EXCLUSION OF CERTAIN OTHER CON- ‘‘(C) such other information as the Sec- made by this section shall apply to taxable TACTS.—Such term shall not include insur- retary may reasonably prescribe. years beginning after December 31, 2003. ance if a substantial portion of its benefits ‘‘(c) CREDITABLE HEALTH INSURANCE.—For SEC. 102. ADVANCE PAYMENT OF CREDIT FOR are excepted benefits (as defined in section purposes of this section, the term ‘creditable PURCHASERS OF QUALIFIED 9832(c)). health insurance’ means qualified health in- HEALTH INSURANCE. ‘‘(d) MEDICAL SAVINGS ACCOUNT CONTRIBU- surance (as defined in section 36(c)) other (a) IN GENERAL.—Chapter 77 of the Internal TIONS.— than— Revenue Code of 1986 (relating to miscella- ‘‘(1) IN GENERAL.—If a deduction would (but ‘‘(1) insurance under a subsidized group neous provisions) is amended by adding at for paragraph (2)) be allowed under section health plan maintained by an employer, or the end the following new section: 220 to the taxpayer for a payment for the ‘‘(2) to the extent provided in regulations ‘‘SEC 7528. ADVANCE PAYMENT OF HEALTH IN- taxable year to the medical savings account prescribed by the Secretary, any other insur- SURANCE CREDIT FOR PURCHASERS of an individual, subsection (a) shall be ap- ance covering an individual if no credit is al- OF QUALIFIED HEALTH INSURANCE. plied by treating such payment as a payment lowable under section 36 with respect to such ‘‘(a) GENERAL RULE.—In the case of an eli- for qualified health insurance for such indi- coverage. gible individual, the Secretary shall make vidual. ‘‘(d) STATEMENTS TO BE FURNISHED TO INDI- payments to the provider of such individual’s ‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc- VIDUALS WITH RESPECT TO WHOM INFORMA- qualified health insurance equal to such in- tion shall be allowed under section 220 for TION IS REQUIRED.—Every person required to dividual’s qualified health insurance credit that portion of the payments otherwise al- make a return under subsection (a) shall fur- advance amount with respect to such pro- lowable as a deduction under section 220 for nish to each individual whose name is re- vider. the taxable year which is equal to the quired under subsection (b)(2)(A) to be set ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of amount of credit allowed for such taxable forth in such return a written statement this section, the term ‘eligible individual’ year by reason of this subsection. showing— means any individual— ‘‘(1) who purchases qualified health insur- ‘‘(e) SPECIAL RULES.— ‘‘(1) the name and address of the person re- ance (as defined in section 36(c)), and ‘‘(1) COORDINATION WITH MEDICAL EXPENSE quired to make such return and the phone ‘‘(2) for whom a qualified health insurance DEDUCTION.—The amount which would (but number of the information contact for such for this paragraph) be taken into account by person, credit eligibility certificate is in effect. ‘‘(c) QUALIFIED HEALTH INSURANCE CREDIT the taxpayer under section 213 for the tax- ‘‘(2) the aggregate amount of payments de- ELIGIBILITY CERTIFICATE.—For purposes of able year shall be reduced by the credit (if scribed in subsection (a) received by the per- this section, a qualified health insurance any) allowed by this section to the taxpayer son required to make such return from the credit eligibility certificate is a statement for such year. individual to whom the statement is re- furnished by an individual to the Secretary ‘‘(2) DENIAL OF CREDIT TO DEPENDENTS.—No quired to be furnished, and which— credit shall be allowed under this section to ‘‘(3) the information required under sub- ‘‘(1) certifies that the individual will be eli- any individual with respect to whom a de- section (b)(2)(B) with respect to such pay- gible to receive the credit provided by sec- duction under section 151 is allowable to an- ments. tion 36 for the taxable year, other taxpayer for a taxable year beginning The written statement required under the ‘‘(2) estimates the amount of such credit in the calendar year in which such individ- preceding sentence shall be furnished on or for such taxable year, and ual’s taxable year begins. before January 31 of the year following the ‘‘(3) provides such other information as the ‘‘(3) INFLATION ADJUSTMENT.—In the case of calendar year for which the return under Secretary may require for purposes of this any taxable year beginning in a calendar subsection (a) is required to be made. section. year after 2004, each dollar amount con- ‘‘(e) RETURNS WHICH WOULD BE REQUIRED ‘‘(d) QUALIFIED HEALTH INSURANCE CREDIT tained in subsection (b)(2)(A) shall be in- TO BE MADE BY 2 OR MORE PERSONS.—Except ADVANCE AMOUNT.—For purposes of this sec- creased by an amount equal to— to the extent provided in regulations pre- tion, the term ‘qualified health insurance ‘‘(A) such dollar amount, multiplied by scribed by the Secretary, in the case of any credit advance amount’ means, with respect ‘‘(B) the cost-of-living adjustment deter- amount received by any person on behalf of to any provider of qualified health insurance, mined under section 1(f)(3) for the calendar another person, only the person first receiv- the Secretary’s estimate of the amount of year in which the taxable year begins, deter- ing such amount shall be required to make credit allowable under section 36 to the indi- mined by substituting ‘calendar year 2003’ the return under subsection (a).’’. vidual for the taxable year which is attrib- for ‘calendar year 1992’ in subparagraph (B) (2) ASSESSABLE PENALTIES.— utable to the insurance provided to the indi- thereof. (A) Subparagraph (B) of section 6724(d)(1) vidual by such provider. Any increase determined under the preceding of such Code (relating to definitions) is ‘‘(e) REGULATIONS.—The Secretary shall sentence shall be rounded to the nearest amended by redesignating clauses (xi) prescribe such regulations as may be nec- multiple of $50 ($25 in the case of the dollar through (xviii) as clauses (xii) through (xix), essary to carry out the purposes of this sec- amount in subsection (b)(2)(A)(iii)).’’. respectively, and by inserting after clause (x) tion.’’. (b) INFORMATION REPORTING.— the following new clause: (b) CLERICAL AMENDMENT.—The table of (1) IN GENERAL.—Subpart B of part III of ‘‘(xi) section 6050U (relating to returns re- sections for chapter 77 of such Code is subchapter A of chapter 61 of such Code (re- lating to payments for qualified health in- amended by adding at the end the following lating to information concerning trans- surance),’’. new item:

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10922 CONGRESSIONAL RECORD — SENATE August 1, 2003 ‘‘Sec. 7528. Advance payment of health insur- tablishment and operation of more than one enrollment of members. Such rules shall be ance credit for purchasers of IMA in a geographic area or as limiting the applied consistently to all members within qualified health insurance.’’. number of IMAs that may operate in any the IMA and shall not be based in any man- (c) EFFECTIVE DATE.—The amendments area. ner on health status-related factors. made by this section shall take effect on ‘‘(4) PROVISION OF ADMINISTRATIVE SERVICES ‘‘(2) HEALTH INSURANCE ISSUERS.—The con- January 1, 2004. TO PURCHASERS.— tract between an IMA and a health insurance TITLE II—STATE HIGH RISK HEALTH ‘‘(A) IN GENERAL.—The IMA may provide issuer shall provide, with respect to a mem- INSURANCE POOLS administrative services for members. Such ber enrolled with health benefits coverage services may include accounting, billing, and offered by the issuer through the IMA, for SEC. 201. EXTENSION OF FUNDING FOR OPER- enrollment information. the payment of the premiums collected by ATION OF STATE HIGH RISK HEALTH INSURANCE POOLS. ‘‘(B) CONSTRUCTION.—Nothing in this sub- the issuer. section shall be construed as preventing an Section 2745(c)(2) of the Public Health ‘‘SEC. 2902. APPLICATION OF CERTAIN LAWS AND IMA from serving as an administrative serv- REQUIREMENTS. Service Act, as inserted by section 201 of the ice organization to any entity Trade Act of 2002 (Public Law 107–210), is ‘‘State laws insofar as they relate to any of ‘‘(5) FILING INFORMATION.—The IMA files amended— the following are superseded and shall not with the Secretary information that dem- (1) in subsection (b)(1), by striking ‘‘estab- apply to health benefits coverage made onstrates the IMA’s compliance with the ap- lished a qualified health risk pool that’’ and available through an IMA: plicable requirements of this title. all that follows through the end of subpara- ‘‘(1) Benefit requirements for health bene- graph (C) and inserting ‘‘established a quali- ‘‘(b) HEALTH BENEFITS COVERAGE REQUIRE- fits coverage offered through an IMA, includ- fied health risk pool that provides for pre- MENTS.— ing (but not limited to) requirements relat- mium rates and covered benefits for such ‘‘(1) COMPLIANCE WITH CONSUMER PROTEC- ing to coverage of specific providers, specific coverage consistent with standards included TION REQUIREMENTS.—Any health benefits services or conditions, or the amount, dura- in the NAIC Model Health Plan for Uninsur- coverage offered through an IMA shall— tion, or scope of benefits, but not including able Individuals’’; ‘‘(A) be underwritten by a health insurance requirements to the extent required to im- (2) in subsection (b)(2), by striking ‘‘num- issuer that— plement title XXVII or other Federal law ber of uninsured individuals’’ and inserting ‘‘(i) is licensed (or otherwise regulated) and to the extent the requirement prohibits ‘‘enrollees in qualified high risk pools’’; and under State law, an exclusion of a specific disease from such (3) in subsection (c)(2), by striking ‘‘(ii) meets all applicable State standards coverage. ‘‘$40,000,000 for each of fiscal years 2003 and relating to consumer protection, subject to ‘‘(2) Any other requirement (including lim- 2004’’ and inserting ‘‘$40,000,000 for fiscal year section 2902(2), and itations on compensation arrangements) 2003 and $75,000,000 for each of fiscal years ‘‘(iii) offers the coverage under a contract that, directly or indirectly, preclude (or have 2004 through 2009’’. with the IMA; and the effect of precluding) the offering of such ‘‘(B) subject to paragraph (2) and section coverage through an IMA, if the IMA meets TITLE III—INDIVIDUAL MEMBERSHIP 2902(2), be approved or otherwise permitted the requirements of this title. ASSOCIATIONS to be offered under State law. Any State law or regulation relating to the SEC. 301. EXPANSION OF ACCESS AND CHOICE ‘‘(2) EXAMPLES OF TYPES OF COVERAGE.— composition or organization of an IMA is THROUGH INDIVIDUAL MEMBER- The benefits coverage made available preempted to the extent the law or regula- SHIP ASSOCIATIONS (IMAs). through an IMA may include, but is not lim- tion is inconsistent with the provisions of The Public Health Service Act is amended ited to, any of the following if it meets the this title. by adding at the end the following new title: other applicable requirements of this title: ‘‘SEC. 2903. ADMINISTRATION. ‘‘TITLE XXIX—INDIVIDUAL MEMBERSHIP ‘‘(A) Coverage through a health mainte- ‘‘(a) IN GENERAL.—The Secretary shall ad- ASSOCIATIONS nance organization. minister this title and is authorized to issue ‘‘SEC. 2901. DEFINITION OF INDIVIDUAL MEMBER- ‘‘(B) Coverage in connection with a pre- such regulations as may be required to carry SHIP ASSOCIATION (IMA). ferred provider organization. out this title. Such regulations shall be sub- ‘‘(a) IN GENERAL.—For purposes of this ‘‘(C) Coverage in connection with a li- ject to Congressional review under the provi- title, the terms ‘individual membership asso- censed provider-sponsored organization. sions of chapter 8 of title 5, United States ciation’ and ‘IMA’ mean a legal entity that ‘‘(D) Indemnity coverage through an insur- Code. The Secretary shall incorporate the meets the following requirements: ance company. process of ‘deemed file and use’ with respect ‘‘(1) ORGANIZATION.—The IMA is an organi- ‘‘(E) Coverage offered in connection with a to the information filed under section zation operated under the direction of an as- contribution into a medical savings account 2901(a)(5)(A) and shall determine whether in- sociation (as defined in section 2904(1)). or flexible spending account. formation filed by an IMA demonstrates ‘‘(2) OFFERING HEALTH BENEFITS COV- ‘‘(F) Coverage that includes a point-of- compliance with the applicable requirements ERAGE.— service option. of this title. The Secretary shall exercise au- ‘‘(A) DIFFERENT GROUPS.—The IMA, in con- ‘‘(G) Any combination of such types of cov- thority under this title in a manner that fos- junction with those health insurance issuers erage. ters and promotes the development of IMAs that offer health benefits coverage through ‘‘(3) HEALTH INSURANCE COVERAGE OP- in order to improve access to health care the IMA, makes available health benefits TIONS.—An IMA shall include a minimum of coverage and services. coverage in the manner described in sub- 2 health insurance coverage options. At least ‘‘(b) PERIODIC REPORTS.—The Secretary section (b) to all members of the IMA and 1 option shall meet all applicable State ben- shall submit to Congress a report every 30 the dependents of such members in the man- efit mandates. months, during the 10-year period beginning ner described in subsection (c)(2) at rates ‘‘(4) WELLNESS BONUSES FOR HEALTH PRO- on the effective date of the rules promul- that are established by the health insurance MOTION.—Nothing in this title shall be con- gated by the Secretary to carry out this issuer or a policy or product specific basis strued as precluding a health insurance title, on the effectiveness of this title in pro- and that may vary only as permissible under issuer offering health benefits coverage moting coverage of uninsured individuals. State law. through an IMA from establishing premium The Secretary may provide for the produc- ‘‘(B) NONDISCRIMINATION IN COVERAGE OF- discounts or rebates for members or from tion of such reports through one or more FERED.— modifying otherwise applicable copayments contracts with appropriate private entities. ‘‘(i) IN GENERAL.—Subject to clause (ii), the or deductibles in return for adherence to pro- ‘‘SEC. 2904. DEFINITIONS. IMA may not offer health benefits coverage grams of health promotion and disease pre- ‘‘For purposes of this title: to a member of an IMA unless the same cov- vention so long as such programs are agreed ‘‘(1) ASSOCIATION.—The term ‘association’ erage is offered to all such members of the to in advance by the IMA and comply with means, with respect to health insurance cov- IMA. all other provisions of this title and do not erage offered in a State, an association ‘‘(ii) CONSTRUCTION.—Nothing in this title discriminate among similarly situated mem- which— shall be construed as requiring or permitting bers. ‘‘(A) has been actively in existence for at a health insurance issuer to provide coverage ‘‘(c) MEMBERS; HEALTH INSURANCE least 5 years; outside the service area of the issuer, as ap- ISSUERS.— ‘‘(B) has been formed and maintained in proved under State law, or preventing a ‘‘(1) MEMBERS.— good faith for purposes other than obtaining health insurance issuer from excluding or ‘‘(A) IN GENERAL.—Under rules established insurance; limiting the coverage on any individual, sub- to carry out this title, with respect to an in- ‘‘(C) does not condition membership in the ject to the requirement of section 2741. dividual who is a member of an IMA, the in- association on any health status-related fac- ‘‘(C) NO FINANCIAL UNDERWRITING.—The dividual may apply for health benefits cov- tor relating to an individual (including an IMA provides health benefits coverage only erage (including coverage for dependents of employee of an employer or a dependent of through contracts with health insurance such individual) offered by a health insur- an employee); and issuers and does not assume insurance risk ance issuer through the IMA. ‘‘(D) does not make health insurance cov- with respect to such coverage. ‘‘(B) RULES FOR ENROLLMENT.—Nothing in erage offered through the association avail- ‘‘(3) GEOGRAPHIC AREAS.—Nothing in this this paragraph shall preclude an IMA from able other than in connection with a member title shall be construed as preventing the es- establishing rules of enrollment and re- of the association.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10923 ‘‘(2) DEPENDENT.—The term ‘dependent’, as the issue of anonymous ‘‘holds’’ that I could not establish a rational and applied to health insurance coverage offered Senators use to prevent consideration timely agenda for the institution to by a health insurance issuer licensed (or oth- of legislation and nominations. I am perform its business without having to erwise regulated) in a State, shall have the pleased to be joined in this effort by first consult with, effectively, every meaning applied to such term with respect to such coverage under the laws of the State the distinguished former Majority other member of the Senate. relating to such coverage and such an issuer. Leader, Senator BYRD, along with the One day, a Senator would have a hold Such term may include the spouse and chil- Chairman of the Finance Committee, on a bill and after I convinced him to dren of the individual involved. Senator GRASSLEY, and the distin- lift the hold, the next day I was told ‘‘(3) HEALTH BENEFITS COVERAGE.—The guished Senator from Oregon, Senator another Senator had placed a hold on term ‘health benefits coverage’ has the WYDEN. the same bill. And don’t get me wrong, meaning given the term health insurance The resolution we are submitting these weren’t just holds from Demo- coverage in section 2791(b)(1). today builds on the work of Senators crats, they were holds from some of my ‘‘(4) HEALTH INSURANCE ISSUER.—The term RASSLEY YDEN best friends on this side of the aisle. ‘health insurance issuer’ has the meaning G and W who have pur- given such term in section 2791(b)(2). sued this issue for years. On June 17, I This Order does not eliminate the ‘‘(5) HEALTH STATUS-RELATED FACTOR.—The chaired a hearing at the Rules Com- right of a Senator to place a hold. term ‘health status-related factor’ has the mittee to consider a resolution, S. Res. Some day, the Senate may decide that meaning given such term in section 151, that Senators GRASSLEY and holds, in and of themselves, are an un- 2791(d)(9). WYDEN introduced that would have democratic practice that should no ‘‘(6) IMA; INDIVIDUAL MEMBERSHIP ASSOCIA- amended the Senate’s Rules to require longer be recognized. I, for one, would TION.—The terms ‘IMA’ and ‘individual mem- the publication of the names of Sen- consider eliminating the hold, by for bership association’ are defined in section example, limiting debate on the mo- 2901(a). ators who have placed holds on legisla- tion to proceed. However, I believe be- ‘‘(7) MEMBER.—The term ‘member’ means, tion or nominations. with respect to the IMA, an individual who is Many Senators and witnesses who fore we consider such a drastic step, we a member of the association to which the testified before the Committee ex- should, at the very least, eliminate the IMA is offering coverage.’’. pressed concern about the propriety of secret hold and I believe this Order will f incorporating an informal custom de- achieve that goal. signed to obstruct—the hold—in the Secret holds have no place in a pub- SUBMITTED RESOLUTIONS Senate’s rules. Others were concerned licly accountable institution. A meas- that there could be unintended con- ure that is important to a majority of SENATE RESOLUTION 216—ESTAB- sequences to making this permanent the American public and a majority of LISHING AS A STANDING ORDER change in the rules of the Senate. Senators can be stopped dead in it’s OF THE SENATE A REQUIRE- As a result of that hearing, I worked tracks by a single Senator. And when MENT THAT A SENATOR PUB- with the sponsors of the resolution and that Senator can hide behind the anon- LICLY DISCLOSES A NOTICE OF with Senator BYRD to develop what we ymous hold, democracy itself is dam- INTENT TO OBJECT TO PRO- believe is an appropriate way to resolve aged. How do you tell your constituents CEEDING TO ANY MEASURE OR the problem of anonymous holds. The that legislation they have an interest MATTER resolution we are introducing today re- flects that work. in, legislation that has been approved Mr. LOTT (for himself, Mr. BYRD, Mr. During my tenure as Majority Lead- by the majority of a committee, is GRASSLEY, and Mr. WYDEN) submitted er, I, along with Senator DASCHLE at- stalled and you don’t know who is the following resolution; which was re- tempted to address the issue of secret holding it up? What does that say ferred to the Committee on Rules and holds. We sent a letter to all Senators about this institution? I think the se- Administration: and indicated that members placing cret hold has no place in this revered S. RES. 216 holds on legislation or nominations institution. Resolved, That (a) the majority and minor- would have to notify the sponsor of the I believe that if we adopt this Resolu- ity leaders of the Senate or their designees legislation, the committee of jurisdic- tion, the public will have greater trust shall recognize a notice of intent of a Sen- tion, and the leaders. Unfortunately, in the Senate. Secrecy and anonymity ator who is a member of their caucus to ob- in an institution of the people does not ject to proceeding to a measure or matter we had no mechanism to enforce those only if the Senator— requirements and secret holds continue engender trust among our constitu- (1) submits the notice of intent in writing to plague the Senate. ents. Holds belong in the wrestling to the appropriate leader or their designee, The resolution we are submitting ring, not in this hallowed chamber. and today would place a greater responsi- This resolution is an experiment in (2) submits, within 3 session days after the bility on Senators to make their holds making the Senate and Senators more submission under paragraph (1), the fol- public. Our resolution creates a Stand- accountable. At the end of the 108th lowing notice for inclusion in the Congres- ing Order that would stay in effect Congress, the Senate will be able to de- sional Record and in the applicable calendar until the end of the 108th Congress. The termine whether it wants to make this section described in subsection (b): a permanent Standing Order or wheth- ‘‘I, Senator ll, intend to object to pro- Order requires that the majority and ceeding to ll, dated ll.’’ minority leaders can only recognize a er it wants to modify the Order. I hope (b) The Secretary of the Senate shall es- hold that is provided in writing. More- my colleagues will give the Senate the tablish for both the Senate Calendar of Busi- over for the hold to be honored, the opportunity to see if this approach will ness and the Senate Executive Calendar a Senator objecting would have to pub- eliminate the secrecy surrounding separate section entitled ‘‘Notices of Intent lish his objection in the CONGRESSIONAL holds and facilitate dialogue that to Object to Proceeding’’. Each such section breaks the logjam on legislating in this shall include the name of each Senator filing RECORD, three days after the notice is provided to a leader. body. a notice under subsection (a)(2), the measure I ask unanimous consent that the or matter covered by the calendar which the New sections would be created in the Senator objects to, and the date the objec- Legislative and Executive Calendars text a copy of the February, 1999, letter tion was filed. that would identify the names of Sen- I sent with Senator DASCHLE be printed (c) A Senator may have an item with re- ators with holds on particular meas- in the RECORD. spect to the Senator removed from a cal- ures and nominations. The order also There being no objection, the letter endar to which it was added under subsection provides a brief written format that a was ordered to be printed in the (b) by submitting the following notice for in- RECORD, as follows: clusion in the Congressional Record: Senator must use to indicate his oppo- U.S. SENATE, ‘‘I, Senator , do not object to pro- sition to proceeding. In addition, a for- ll Washington, DC, February 25, 1999. ceeding to ll, dated ll.’’ mat is provided to remove a hold. I believe that holds, whether anony- DEAR COLLEAGUE: As the 106th Congress be- (d) This resolution shall apply during the gins, we wish to clarify to all colleagues, portion of the 108th Congress after the date mous, or publicly announced, are an af- procedures governing the use of holds during of the adoption of this resolution. front to the Senate, the leadership, the the new legislative session. All Senators Mr. LOTT. Mr. President, today I am Committees and to the individual should remember the Grassley and Wyden submitting a resolution that addresses members of this institution. As leader, initiative, calling for a Senator to ‘‘provide

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10924 CONGRESSIONAL RECORD — SENATE August 1, 2003 notice to leadership of his or her intention to Senators to see what effect this change mittee to move this needed reform object to proceeding to a motion or matter has in practice before deciding whether through the legislative process. [and] disclose the hold in the Congressional to renew to requirement or make Mr. WYDEN. Mr. President, the sub- Record.’’ changes. Nevertheless, it’s important mission of this resolution marks a very While we believe that all members will important milestone in the seven-year agree this practice of ‘‘secret holds’’ has to point out that a standing order has been a Senatorial courtesy extended by essentially the same force and effort in effort I have pursued with Senator party Leaders for many Congresses, it is our practice as a Senate Rule. Also, I’m GRASSLEY to bring the Senate practice intention to address some concerns raised re- confident based on my own experience of holds out of the shadows and into garding this practice. in practicing public disclosure of holds the sunshine. Throughout this time we Therefore, at the beginning of the first ses- in the CONGRESSIONAL RECORD, that have labored as a bipartisan team to sion of the 106th Congress, all members wish- Senators will find public holds don’t champion the cause of the ‘‘sunshine’’ ing to place a hold on any legislation or ex- hurt a bit. Therefore, it’s my expecta- hold. I especially want to thank Rules ecutive calendar business shall notify the tion that this standing order will be re- Chairman LOTT and the Senate’s fore- sponsor of the legislation and the committee of jurisdiction of their concerns. Further, newed in future congresses. most authority on the Rules, Senator written notification should be provided to This new standing order would also BYRD, for their commitment to work- the respective Leader stating their inten- spell out the exact format and content ing with us on this resolution. They tions regarding the bill or nomination. Holds required when Senators publish notices know all too well the havoc ‘‘secret’’ placed on items by a member of a personal or of holds so there is no ambiguity or holds can wreak on the Senate agenda. committee staff will not be honored unless room for misunderstanding. Having a Whether public or secret, the hold in accompanied by a written notification from standard format will also make it easi- the Senate is a lot like the seventh in- the objecting Senator by the end of the fol- er in practice for Senators to submit ning stretch in baseball: there is no of- lowing business day. We look forward to working with you to notices of holds for the RECORD. It will ficial rule or regulation that talks produce a successful new Congress. be as simple as adding a cosponsor to a about it, but it has been observed for so Best regards, bill. Our resolution would also provide long that it has become a tradition. Its TRENT LOTT for publication in the Senate Calendars capacity to tie the Senate and Sen- Majority Leader, U.S. of notices of holds on legislation or ators in knots is notorious, and it has Senate nominees as well as a standard proce- even given birth to several intriguing TOM DASCHLE dure for removing a Senator’s name offspring: the hostage hold, the rolling Democratic Leader, from the calendar when a hold is re- hold and the Mae West hold. U.S. Senate. leased. The secret hold is a practice of Sen- Mr. GRASSLEY. Mr. President, I rise One other change we made from our atorial courtesy extended by the re- to say just a few words about the Sen- previous resolution was to allow for spective Leaders. Even though it is one ate Resolution being submitted today three session days instead of two after of the Senate’s most popular proce- by Senator LOTT along with the distin- a hold has been placed for the public dures, it cannot be found anywhere in guished Senator from West Virginia, notice to be included in the RECORD. I the United States Constitution or in Senator BYRD, myself and Senator want to be clear that I support imme- the Senate Rules. It is one of the most WYDEN. This resolution aims to end the diate public disclosure of holds because powerful weapons any Senator can practice of secret holds in the Senate; I believe in the principle of open gov- wield in this body, and in its stealth an issue on which Senator WYDEN and I ernment and I can find no legitimate version, known as the secret hold, it is have worked long and hard. reason why a Senator placing a hold even more potent. On May 21 of this year, I resubmitted should remain anonymous. However, The target of this resolution is spe- with Senator WYDEN our simple resolu- it’s necessary to allow for a short win- cifically ‘‘holds,’’ which we define as a tion to amend the Senate Rules to re- dow of time to permit Senators and Senator’s intent to object to pro- quire Senators placing a hold to make their staff to prepare a notice and sub- ceeding to a motion or matter. The res- that hold public in the CONGRESSIONAL mit it for the RECORD. I’ve found that olution does not deal with so-called RECORD. I was very pleased by the sup- two session days has been more than ‘‘consults,’’ which are confidential port and encouragement we received adequate for myself and my staff, but communications between a Senator from Chairman LOTT, who subse- not all Senators’ offices are the same. and the respective Leader informing quently held a hearing on our resolu- Senator BYRD suggested that three ses- the Leader of a Senator’s interest in a tion in the Senate Rules Committee. sion days might be more appropriate bill or nomination. This resolution This was a very positive step in bring- and since the practice of disclosing would say to those who want to kill or ing this issue to the forefront. In fact, holds will be uncharted territory at stop a bill or nomination that they I was gratified by the many positive first for most Senators, a deadline of must come forward and notify their re- comments and expressions of interest three session days to publish holds spective party leaders. It would not af- from members of the Rules Committee seems reasonable. fect the process known as the ‘‘con- in response to the testimony from my- I should add at this time that I’m sult’’ insofar as it is used to alert a self and Senator WYDEN. very honored to have the support of Senator when a bill or nomination is Following the hearing, my staff and Senator BYRD on this initiative. No one moving toward the floor so that the Senator WYDEN’s staff were able to en- knows Senate procedure better or has Senator may prepare for floor consider- gage in very productive discussions more institutional knowledge of the ation. with Chairman LOTT’s staff and staff Senate than Senator BYRD. Both he The resolution would establish a Sen- for Ranking Member DODD and Senator and Senator LOTT have a unique under- ate Temporary Standing Order for the BYRD. The product of those discussions standing of the problem of secret holds, duration of the 108th Congress allowing is this resolution and I’m very pleased having both served as Senate Majority ‘‘sunshine’’ holds. The resolution would with the result. This resolution is a lit- Leader. Having Senator BYRD’s name require a Senator who wishes to object tle longer and not as simple as our on this resolution should send a strong to a motion or matter to publish notice original resolution, but it does pre- message to the Senate that secret of the intent in the CONGRESSIONAL cisely what Senator WYDEN and I have holds are a serious problem that should RECORD within 3 session days of noti- been seeking. In some ways it is even be dealt with for the good of the Senate fying the respective Leader. The reso- better than what we started with. as an institution. lution would in no way limit the privi- Unlike our previous resolution, this I believe that this change will lead to lege of any Senator to place a ‘‘hold’’ measure establishes a standing order more open dialogue and more construc- on a measure or matter, it would sim- instead of amending the Senate Rules. tive debate in the Senate. Moreover, it ply say that the notice of intent to ob- Some Senators are understandably will make the Senate process more ject to a measure or matter be pub- nervous about making a permanent transparent and reduce public cyni- lished. change to the Senate Rules. In fact, cism. I look forward to continuing to Throughout the Senate’s history this order is only written for the re- work with Senator LOTT, Senator some of the most potent weapons—pro- mainder of the 108th Congress to allow BYRD, and the rest of the Rules Com- cedural and otherwise—often have not

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10925 been rules but rather the absence of ment. My sense is that no Senator will whether the elimination of the secrecy them. ever go to jail for failing to give public would disrupt the Constitutional bal- Beginning in 1997 and again in 1998, notice of a hold, just as no Senator has ance of power between the various the United States Senate voted unani- gone to jail for violating the Standing branches of government; and whether mously in favor of amendments Sen- Order adopted in the 98th Congress re- the removal of the secrecy would tip ator GRASSLEY and I sponsored to re- quiring Senators to vote from their as- the balance between the rights of the quire that a notice of intent to object signed desks during the ‘‘yeas’’ and majority and the minority in the Sen- be published in the CONGRESSIONAL ‘‘nays.’’ There are any number of provi- ate. RECORD within 48 hours. The amend- sions even in the Senate. My response is that removing secrecy ments, however, never survived con- Rules that are not enforced at all or from the hold will not alter the prac- ference. rarely today. Senate Rule XXVI re- tice, merely its form. Removing se- So, Senator GRASSLEY and I took our quires the inclusion of various items of crecy from the hold will not tip the case to the leadership, and to their information in written committee re- balance in Senate Rules and procedures credit, TOM DASCHLE and TRENT LOTT ports, but Senate Rules do not require between majority and minority rights. agreed it was time to make a change. committees to file written reports on And removing the secrecy will not They recognized the need for more bills. Senate Rule VII, para. 5, provides alter the balance of powers created openness in the way the Senate con- committees shall make every reason- under the Constitution. On the con- ducts its business. The leaders sent a able effort to have printed hearings trary, surrendering secrecy will joint letter in February 1999, to all available for Senators before a measure strengthen public accountability and Senators setting forth a policy requir- comes to the floor for debate, although lessen the gridlock that has increas- ing ‘‘all Senators wishing to place a the Senate has debated any number of ingly come to plague the world’s great- hold on any legislation or executive measures without the benefit of a est deliberative body. calendar business [to] notify the spon- printed report. I would like to close by quoting the sor or the legislation and the com- This resolution signals to all mem- foremost authority on Senate Rules, mittee of jurisdiction of their con- bers the Senate’s preferred manner of who served as Majority Leader in the cerns.’’ Their letter said: ‘‘written no- doing business. I think most Senators 95th, 96th and 100th Congresses. In tification should be provided to the re- believe the Senate’s business should be Chapter 28, ‘‘Reflections of a Party spective Leader stating their inten- conducted in public, and I think the Leader,’’ of Volume II of The Senate, tions regarding the bill or nomina- American people would agree. the Honorable ROBERT C. BYRD wrote: tion,’’ and that ‘‘holds placed on items Sunshine holds would strengthen the ‘‘To me, the Senate rules were to be by a member of a personal or com- Leaders’ hands as well as their options. used, when necessary, to advance and mittee staff will not be honored unless A Leader may opt to continue to honor expedite the Senate’s business.’’ Giving accompanied by a written notification a secret hold, but a Leader wishing to the sunshine hold a place in the Sen- from the objecting Senator by the end move a measure or matter would be ate’s Rules would surely serve this of the following business day.’’ under no obligation to honor a hold un- worthy goal. At first, this action seemed to make less the objecting Senator had com- a real difference: many Senators were plied with the Rule and published no- SENATE RESOLUTION 217—EX- more open about their holds, and staff tice in the RECORD. could no longer slap a hold on a bill The resolution is constructed so as to PRESSING THE SENSE OF THE with a quick phone call. But after some become a part of the Temporary Stand- SENATE REGARDING THE GOALS time, the clouds moved in on the sun- ing Orders, or the series of unanimous OF THE UNITED STATES IN THE shine hold, obscuring the progress that consent agreements that are renewed DOHA ROUND OF THE WORLD had been achieved. Legislative gridlock at the outset of each new Congress. Be- TRADE ORGANIZATION AGRI- resumed, and the Senate seemed to cause there may be unintended con- CULTURE NEGOTIATIONS have forgotten the Lott/Daschle letter. sequences and because I have no desire Mr. CONRAD (for himself, Mr. The problem the Senate faces today to inflict irreparable harm on the Sen- GRASSLEY, Mr. BAUCUS, and Mr. HAR- is not that a significant number of our ate Rules, I deferred to the experience KIN) submitted the following resolu- colleagues make their holds public, but and wisdom of Senator BYRD whose tion; which was referred to the Com- that a small number of Senators do wise counsel urged that the terms of mittee on Finance. not. It is their abuse of secret holds the resolution be limited to the 108th S. RES. 217 that contributes to legislative grid- Congress. My intent is to revisit the Whereas the cap on trade-distorting do- lock. By calling for publication of the matter with Senators GRASSLEY, LOTT, mestic support available to producers in the intent to object in the CONGRESSIONAL and BYRD at the end of the 108th Con- European Union under the Agreement on Ag- RECORD, I believe the resolution puts gress to determine the benefits of mak- riculture of the World Trade Organization is the burden where it ought to be: not on ing the resolution part of the Senate 3 times higher than the cap on domestic sup- the leadership, where it is today, but Rules at that time. port available to producers in the United squarely on the shoulders of the objec- As United States Senators we occupy States; Whereas according to the Organization for tor. An objector who seeks to kill a bill a position of public trust, and I believe Economic Cooperation and Development by hiding behind a curtain of secrecy is the exercise of the power that has been (OECD), in 2002 government support provided hurting the leaders’ ability to run the vested in us should always be accom- to agricultural producers in the European body and is obstructing rather than fa- panied by public accountability. I Union was twice the level provided to pro- cilitating the Senate’s business. would argue that it is not the hold, but ducers in the United States, and United Public notice of holds may be an in- the anonymity of the hold that is so States agricultural support was just 58 per- convenience for a few, but not a hard- odious to the basic premise of our cent of the average level provided in all 30 ship. In any given week, Senators in- democratic system. The Lott-Byrd- OECD-member countries; Whereas in 2000 the European Union ac- sert more than two dozen statements Grassley-Wyden resolution would bring counted for more than 87 percent of the in the RECORD on subjects such as the anonymous hold out of the shadows world’s agricultural export subsidies, and the sports teams winning championships of the Senate. It would assure that the United States represented just 1 percent; and charitable fundraisers. These im- awesome power possessed by an indi- Whereas according to the Congressional portant events should be recognized, vidual Senator to stop legislation or a Budget Office, expenditures under United and I would hope that the intent of a nomination would be accompanied by States farm and conservation programs are Senator to block action on a bill or the sunshine of public accountability. expected to remain at least 20 percent below nomination would be considered of At its hearing in June, the Rules the average of such expenditures during the Committee weighed the merits of the years 2000 and 2001; equal importance. Whereas the results of the Doha Develop- The sponsors of the resolution have Grassley-Wyden Resolution, and con- ment Agenda of the World Trade Organiza- discussed at great length, most re- sidered several fundamental questions: tion negotiations on agriculture are criti- cently at the Rules Committee hearing Whether the practice of secret holds is cally important to the future of farming and on the subject, the matter of enforce- consistent with a democratic system; ranching in the United States;

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10926 CONGRESSIONAL RECORD — SENATE August 1, 2003 Whereas the World Trade Organization will TEXT OF AMENDMENTS (2) by striking paragraph (4); hold a Ministerial Meeting in Cancun, Mex- (3) by redesignating paragraph (3) as para- ico, in September 2003, at which members of SA 1540. Mr. FRIST proposed an graph (5); the World Trade Organization are expected amendment to the concurrent resolu- (4) by inserting after paragraph (2) the fol- to make decisions that will determine the tion H. Con. Res. 259, providing for an lowing: broad outlines of any agreement on agri- adjournment or recess of the two ‘‘(3) FINAL JUDGMENT.—The term ‘final culture reached in the Doha Development Houses; as follows: judgment’ means a judgment that is— Agenda; and Strike ‘‘when the House adjourns on the ‘‘(A) not reviewed by any other court that Whereas the Chairman of the World Trade legislative day of Friday, July 25, 2003, or has authority to review such judgment; or Organization Agriculture Negotiations Com- Saturday, July 26, 2003, on a motion offered ‘‘(B) not reviewable by any other court. ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ mittee has proposed a modalities framework pursuant to this concurrent resolution by its means any tribe, band, nation, or other orga- to serve as the basis for discussion and deci- Majority Leader or his designee,’’ and insert: nized group or community, including any sions at the Ministerial Meeting in Cancun: ‘‘when the House adjourns on the legislative Alaska native village, regional corporation, Now, therefore, be it day of Tuesday, July 29, 2003,’’. or village corporation (as defined in, or es- Resolved, That it is the sense of the Senate Mr. WARNER (for Mr. tablished pursuant to, the Alaska Native that— SA 1541. Claims Settlement Act (43 U.S.C. 1601 et (1) the goals of the United States in the GREGG (for himself, Mr. REED, Mr. seq.)), which is recognized by the Secretary Doha Round of the World Trade Organization FRIST, Mr. KENNEDY, and Mr. ENZI)) of the Interior as eligible for the special pro- agriculture negotiations are to achieve sig- proposed an amendment to the bill S. grams and services provided by the United nificantly increased market access, to har- 888, to reauthorize the Museum and Li- States to Indians because of their status as monize allowed levels of trade-distorting do- brary Services Act, and for other pur- Indians.’’; and mestic support for all countries, to imme- poses; as follows: (5) by adding at the end the following: diately eliminate export subsidies, and to ‘‘(6) MUSEUM AND LIBRARY SERVICES Strike all after the enacting clause and in- achieve a more level playing field in the BOARD.—The term ‘Museum and Library sert the following: world market for United States farmers, Services Board’ means the National Museum ranchers, and agricultural producers; SECTION 1. SHORT TITLE. and Library Services Board established (2) the Chairman of the World Trade Orga- This Act may be cited as the ‘‘Museum and under section 207. nization Agriculture Negotiations Com- Library Services Act of 2003’’. ‘‘(7) OBSCENE.—The term ‘obscene’ means, mittee has properly sought to move the ne- SEC. 2. TABLE OF CONTENTS. with respect to a project, that— gotiations forward, but the proposed modali- The table of contents for this Act is as fol- ‘‘(A) the average person, applying contem- ties framework he has released fails to meet lows: porary community standards, would find the goals described in paragraph (1) be- Sec. 1. Short title. that such project, when taken as a whole, ap- cause— Sec. 2. Table of contents. peals to the prurient interest; (A) the framework accepts the European TITLE I—GENERAL PROVISIONS ‘‘(B) such project depicts or describes sex- formulation of equal percentage reductions ual conduct in a patently offensive way; and from unequal levels of support that locks in Sec. 101. General definitions. ‘‘(C) such project, when taken as a whole, Sec. 102. Institute of Museum and Library place the European Union’s current advan- lacks serious literary, artistic, political, or Services. tage on trade-distorting domestic support scientific value.’’. levels; Sec. 103. Director of the Institute. Sec. 104. National Museum and Library SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY (B) while the framework recognizes that SERVICES. high tariff levels should be reduced more Services Board. Section 203 of the Museum and Library quickly, it nevertheless fails to sufficiently Sec. 105. Awards; analysis of impact of serv- Services Act (20 U.S.C. 9102) is amended— open export markets for United States prod- ices. (1) in subsection (b), by striking the last ucts by allowing countries to maintain pro- TITLE II—LIBRARY SERVICES AND sentence; and hibitively high tariffs; TECHNOLOGY (2) by adding at the end the following: (C) while the framework eliminates trade- Sec. 201. Purpose. ‘‘(c) MUSEUM AND LIBRARY SERVICES disrupting export subsidies, it phases out the Sec. 202. Definitions. BOARD.—There shall be a National Museum elimination of export subsidies over too long Sec. 203. Authorization of appropriations. and Library Services Board within the Insti- a period of time; Sec. 204. Reservations and allotments. tute, as provided under section 207.’’. (D) the framework contains a potentially Sec. 205. State plans. SEC. 103. DIRECTOR OF THE INSTITUTE. unlimited tariff reduction loophole that Sec. 206. Grants to States. Section 204 of the Museum and Library would disadvantage United States agricul- Sec. 207. National leadership grants, con- Services Act (20 U.S.C. 9103) is amended— tural products exported to developing coun- tracts, or cooperative agree- (1) in subsection (e), by adding at the end tries, and would also limit trade between de- ments. the following: ‘‘Where appropriate, the Di- veloping countries; and TITLE III—MUSEUM SERVICES rector shall ensure that activities under sub- (E) the framework preserves trade-dis- title B are coordinated with activities under Sec. 301. Purpose. torting direct payments under production- section 1251 of the Elementary and Sec- Sec. 302. Definitions. limiting programs that are not subject to Sec. 303. Museum services activities. ondary Education Act of 1965 (20 U.S.C. commitments to reduce domestic support Sec. 304. Repeals. 6383).’’; and under the Agreement on Agriculture of the Sec. 305. Authorization of appropriations. (2) by adding at the end the following: ‘‘(f) REGULATORY AUTHORITY.—The Direc- World Trade Organization; and Sec. 306. Short title. (3) the United States should not agree to tor may promulgate such rules and regula- the proposed framework unless and until it TITLE IV—NATIONAL COMMISSION ON tions as are necessary and appropriate to im- is substantially improved in order to result LIBRARIES AND INFORMATION plement the provisions of this title. in significantly increased market access, the SCIENCE ACT ‘‘(g) APPLICATION PROCEDURES.— harmonization of allowed levels of trade-dis- Sec. 401. Amendment to contributions. ‘‘(1) IN GENERAL.—In order to be eligible to torting domestic support, and a more level Sec. 402. Amendment to membership. receive financial assistance under this title, playing field for United States farmers, TITLE V—MISCELLANEOUS PROVISIONS a person or agency shall submit an applica- tion in accordance with procedures estab- ranchers, and agricultural producers. Sec. 501. Amendments to Arts and Artifacts lished by the Director by regulation. Indemnity Act. ‘‘(2) REVIEW AND EVALUATION.—The Direc- f Sec. 502. National children’s museum. tor shall establish procedures for reviewing Sec. 503. Conforming amendment. and evaluating applications submitted under Sec. 504. Technical corrections. AMENDMENTS SUBMITTED AND Sec. 505. Repeals. this title. Actions of the Institute and the PROPOSED Sec. 506. Effective date. Director in the establishment, modification, and revocation of such procedures under this SA 1540. Mr. FRIST proposed an amend- TITLE I—GENERAL PROVISIONS Act are vested in the discretion of the Insti- ment to the concurrent resolution H. Con. SEC. 101. GENERAL DEFINITIONS. tute and the Director. In establishing such Res. 259, providing for an adjournment or re- Section 202 of the Museum and Library procedures, the Director shall ensure that cess of the two Houses. Services Act (20 U.S.C. 9101) is amended— the criteria by which applications are evalu- (1) by striking paragraph (1) and inserting ated are consistent with the purposes of this SA 1541. Mr. WARNER (for Mr. GREGG (for the following: title, taking into consideration general himself, Mr. REED, Mr. FRIST, Mr. KENNEDY, ‘‘(1) DETERMINED TO BE OBSCENE.—The term standards of decency and respect for the di- and Mr. ENZI)) proposed an amendment to ‘determined to be obscene’ means deter- verse beliefs and values of the American pub- the bill S. 888, to reauthorize the Museum mined, in a final judgment of a court of lic. and Library Services Act, and for other pur- record and of competent jurisdiction in the ‘‘(3) TREATMENT OF PROJECTS DETERMINED poses. United States, to be obscene.’’; TO BE OBSCENE.—

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‘‘(A) IN GENERAL.—The procedures de- museums, including museums relating to ‘‘(1) IN GENERAL.—The Museum and Library scribed in paragraph (2) shall include provi- science, history, technology, art, zoos, bo- Services Board shall advise the Director on sions that clearly specify that obscenity is tanical gardens, and museums designed for general policies with respect to the duties, without serious literary, artistic, political, children; and powers, and authority of the Institute relat- or scientific merit, and is not protected ‘‘(ii) the remainder shall be individuals ing to museum and library services, includ- speech. recognized for their broad knowledge, exper- ing financial assistance awarded under this ‘‘(B) PROHIBITION.—No financial assistance tise, or experience in museums or commit- title. may be provided under this title with respect ment to museums. ‘‘(2) NATIONAL AWARDS.—The Museum and to any project that is determined to be ob- ‘‘(3) GEOGRAPHIC AND OTHER REPRESENTA- Library Services Board shall advise the Di- scene. TION.—Members of the Museum and Library rector in making awards under section 209. ‘‘(C) TREATMENT OF APPLICATION DIS- Services Board shall be appointed to reflect ‘‘(e) CHAIRPERSON.—The Director shall APPROVAL.—The disapproval of an applica- persons from various geographic regions of serve as Chairperson of the Museum and Li- tion by the Director shall not be construed the United States. The Museum and Library brary Services Board. to mean, and shall not be considered as evi- Services Board may not include, at any time, ‘‘(f) MEETINGS.— dence that, the project for which the appli- more than 3 appointive members from a sin- ‘‘(1) IN GENERAL.—The Museum and Library cant requested financial assistance is or is gle State. In making such appointments, the Services Board shall meet not less than 2 not obscene.’’. President shall give due regard to equitable times each year and at the call of the Direc- SEC. 104. NATIONAL MUSEUM AND LIBRARY representation of women, minorities, and tor. SERVICES BOARD. persons with disabilities who are involved ‘‘(2) VOTE.—All decisions by the Museum The Museum and Library Services Act (20 with museums and libraries. and Library Services Board with respect to U.S.C. 9101 et seq.) is amended— ‘‘(4) VOTING.—The Director, the Deputy Di- the exercise of its duties and powers shall be (1) by redesignating section 207 as section rector of the Office of Library Services, the made by a majority vote of the members of 208; and Deputy Director of the Office of Museum the Board who are present and authorized to (2) by inserting after section 206 the fol- Services, and the Chairman of the National vote. lowing: Commission on Library and Information ‘‘(g) QUORUM.—A majority of the voting ‘‘SEC. 207. NATIONAL MUSEUM AND LIBRARY Science shall be nonvoting members of the members of the Museum and Library Serv- SERVICES BOARD. Museum and Library Services Board. ices Board shall constitute a quorum for the ‘‘(a) ESTABLISHMENT.—There is established ‘‘(c) TERMS.— conduct of business at official meetings, but within the Institute a board to be known as ‘‘(1) IN GENERAL.—Except as otherwise pro- a lesser number of members may hold hear- the ‘National Museum and Library Services vided in this subsection, each member of the ings. Board’. Museum and Library Services Board ap- ‘‘(h) COMPENSATION AND TRAVEL EX- ‘‘(b) MEMBERSHIP.— pointed under subparagraph (E) or (F) of sub- PENSES.— ‘‘(1) NUMBER AND APPOINTMENT.—The Mu- section (b)(1) shall serve for a term of 5 ‘‘(1) COMPENSATION.—Each member of the seum and Library Services Board shall be years. Museum and Library Services Board who is composed of the following: ‘‘(2) INITIAL BOARD APPOINTMENTS.— ‘‘(A) The Director. not an officer or employee of the Federal ‘‘(A) TREATMENT OF MEMBERS SERVING ON Government may be compensated at a rate ‘‘(B) The Deputy Director for the Office of EFFECTIVE DATE.—Notwithstanding sub- to be fixed by the President, but not to ex- Library Services. section (b), each individual who is a member ceed the daily equivalent of the maximum ‘‘(C) The Deputy Director for the Office of of the National Museum Services Board on annual rate of pay authorized for a position Museum Services. the date of enactment of the Museum and Li- above grade GS–15 of the General Schedule ‘‘(D) The Chairman of the National Com- brary Services Act of 2003, may, at the indi- under section 5108 of title 5, United States mission on Libraries and Information vidual’s election, complete the balance of Code, for each day (including travel time) Science. the individual’s term as a member of the Mu- during which such member is engaged in the ‘‘(E) 10 members appointed by the Presi- seum and Library Services Board. performance of the duties of the Museum and dent, by and with the advice and consent of ‘‘(B) FIRST APPOINTMENTS.—Notwith- Library Services Board. Members of the Mu- the Senate, from among individuals who are standing subsection (b), any appointive va- seum and Libraries Services Board who are citizens of the United States and who are cancy in the initial membership of the Mu- full-time officers or employees of the Federal specially qualified by virtue of their edu- seum and Library Services Board existing Government may not receive additional pay, cation, training, or experience in the area of after the application of subparagraph (A), allowances, or benefits by reason of their library services, or their commitment to li- and any vacancy in such membership subse- service on the Museum and Library Services braries. quently created by reason of the expiration Board. ‘‘(F) 10 members appointed by the Presi- of the term of an individual described in sub- ‘‘(2) TRAVEL EXPENSES.—Each member of dent, by and with the advice and consent of paragraph (A), shall be filled by the appoint- the Museum and Library Services Board the Senate, from among individuals who are ment of a member described in subsection shall receive travel expenses, including per citizens of the United States and who are (b)(1)(E). When the Museum and Library diem in lieu of subsistence, in accordance specially qualified by virtue of their edu- Services Board consists of an equal number with applicable provisions under subchapter cation, training, or experience in the area of of individuals who are specially qualified in I of chapter 57 of title 5, United States Code. museum services, or their commitment to the area of library services and individuals ‘‘(i) COORDINATION.—The Director, with the museums. who are specially qualified in the area of mu- advice of the Museum and Library Services ‘‘(2) SPECIAL QUALIFICATIONS.— seum services, this subparagraph shall cease Board, shall take steps to ensure that the ‘‘(A) LIBRARY MEMBERS.—Of the members to be effective and the board shall be ap- policies and activities of the Institute are of the Museum and Library Services Board pointed in accordance with subsection (b). coordinated with other activities of the Fed- appointed under paragraph (1)(E)— ‘‘(C) AUTHORITY TO ADJUST TERMS.—The eral Government.’’. ‘‘(i) 5 shall be professional librarians or in- terms of the first members appointed to the formation specialists, of whom— Museum and Library Service Board shall be SEC. 105. AWARDS; ANALYSIS OF IMPACT OF ‘‘(I) not less than 1 shall be knowledgeable adjusted by the President as necessary to en- SERVICES. about electronic information and technical sure that the terms of not more than 4 mem- The Museum and Library Services Act (20 aspects of library and information services bers expire in the same year. Such adjust- U.S.C. 9101 et seq.) is amended by inserting and sciences; and ments shall be carried out through designa- after section 208 (as redesignated by section ‘‘(II) not less than 1 other shall be knowl- tion of the adjusted term at the time of ap- 104 of this Act) the following: edgeable about the library and information pointment. ‘‘SEC. 209. AWARDS. service needs of underserved communities; ‘‘(3) VACANCIES.—Any member appointed to ‘‘The Director, with the advice of the Mu- and fill a vacancy shall serve for the remainder seum and Library Services Board, may annu- ‘‘(ii) the remainder shall have special com- of the term for which the predecessor of the ally award National Awards for Library petence in, or knowledge of, the needs for li- member was appointed. Service and National Awards for Museum brary and information services in the United ‘‘(4) REAPPOINTMENT.—No appointive mem- Service to outstanding libraries and out- States. ber of the Museum and Library Services standing museums, respectively, that have ‘‘(B) MUSEUM MEMBERS.—Of the members of Board who has been a member for more than made significant contributions in service to the Museum and Library Services Board ap- 7 consecutive years shall be eligible for re- their communities. pointed under paragraph (1)(F)— appointment. ‘‘SEC. 210. ANALYSIS OF IMPACT OF MUSEUM AND ‘‘(i) 5 shall be museum professionals who ‘‘(5) SERVICE UNTIL SUCCESSOR TAKES OF- LIBRARY SERVICES. are or have been affiliated with— FICE.—Notwithstanding any other provision ‘‘From amounts described in sections 214(c) ‘‘(I) resources that, collectively, are broad- of this subsection, an appointive member of and 275(b), the Director shall carry out and ly representative of the curatorial, conserva- the Museum and Library Services Board publish analyses of the impact of museum tion, educational, and cultural resources of shall serve after the expiration of the term and library services. Such analyses— the United States; or of the member until the successor to the ‘‘(1) shall be conducted in ongoing con- ‘‘(II) museums that, collectively, are member takes office. sultation with— broadly representative of various types of ‘‘(d) DUTIES AND POWERS.— ‘‘(A) State library administrative agencies;

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10928 CONGRESSIONAL RECORD — SENATE August 1, 2003 ‘‘(B) State, regional, and national library under subsection (a) for any fiscal year ex- sources in a variety of formats, in all types and museum organizations; and ceeds the aggregate of the allotments for all of libraries, for individuals of all ages; ‘‘(C) other relevant agencies and organiza- States under this subsection for fiscal year ‘‘(2) developing library services that pro- tions; 2003— vide all users access to information through ‘‘(2) shall identify national needs for, and ‘‘(I) the minimum allotment for each State local, State, regional, national, and inter- trends of, museum and library services pro- otherwise receiving a minimum allotment of national electronic networks; vided with funds made available under sub- $340,000 under subparagraph (A) shall be in- ‘‘(3) providing electronic and other link- titles B and C; creased to $680,000; and ages among and between all types of librar- ‘‘(3) shall report on the impact and effec- ‘‘(II) the minimum allotment for each ies; tiveness of programs conducted with funds State otherwise receiving a minimum allot- ‘‘(4) developing public and private partner- made available by the Institute in addressing ment of $40,000 under subparagraph (A) shall ships with other agencies and community- such needs; and be increased to $60,000. based organizations; ‘‘(4) shall identify, and disseminate infor- ‘‘(ii) INSUFFICIENT FUNDS TO AWARD ALTER- ‘‘(5) targeting library services to individ- mation on, the best practices of such pro- NATIVE MINIMUM.—If the sum appropriated uals of diverse geographic, cultural, and so- grams to the agencies and entities described under the authority of section 214 and not re- cioeconomic backgrounds, to individuals in paragraph (1). served under subsection (a) for any fiscal with disabilities, and to individuals with ‘‘SEC. 210A. PROHIBITION ON USE OF FUNDS FOR year exceeds the aggregate of the allotments limited functional literacy or information CONSTRUCTION. for all States under this subsection for fiscal skills; and ‘‘No funds appropriated to carry out the year 2003 yet is insufficient to fully satisfy ‘‘(6) targeting library and information Museum and Library Services Act, the Li- the requirement of clause (i), such excess services to persons having difficulty using a brary Services and Technology Act, or the amount shall first be allotted among the library and to underserved urban and rural Museum Services Act may be used for con- States described in clause (i)(I) so as to in- communities, including children (from birth struction expenses.’’. crease equally the minimum allotment for through age 17) from families with incomes each such State above $340,000. After the re- below the poverty line (as defined by the Of- TITLE II—LIBRARY SERVICES AND quirement of clause (i)(I) is fully satisfied for fice of Management and Budget and revised TECHNOLOGY any fiscal year, any remainder of such excess annually in accordance with section 673(2) of SEC. 201. PURPOSE. amount shall be allotted among the States the Community Services Block Grant Act (42 Section 212 of the Library Services and described in clause (i)(II) so as to increase U.S.C. 9902(2))) applicable to a family of the Technology Act (20 U.S.C. 9121) is amended equally the minimum allotment for each size involved.’’; and by striking paragraphs (2) through (5) and in- such State above $40,000. (2) in subsection (b), by striking ‘‘between serting the following: ‘‘(D) SPECIAL RULE.— the two purposes described in paragraphs (1) ‘‘(2) to promote improvement in library ‘‘(i) IN GENERAL.—Notwithstanding any and (2) of such subsection,’’ and inserting services in all types of libraries in order to other provision of this subsection and using ‘‘among such purposes,’’. better serve the people of the United States; funds allotted for the Republic of the Mar- SEC. 207. NATIONAL LEADERSHIP GRANTS, CON- ‘‘(3) to facilitate access to resources in all shall Islands, the Federated States of Micro- TRACTS, OR COOPERATIVE AGREE- types of libraries for the purpose of culti- nesia, and the Republic of Palau under this MENTS. vating an educated and informed citizenry; subsection, the Director shall award grants Section 262(a)(1) of the Library Services and to the United States Virgin Islands, Guam, and Technology Act (20 U.S.C. 9162(a)(1)) is ‘‘(4) to encourage resource sharing among American Samoa, the Commonwealth of the amended by striking ‘‘education and train- all types of libraries for the purpose of Northern Mariana Islands, the Republic of ing’’ and inserting ‘‘education, recruitment, achieving economical and efficient delivery the Marshall Islands, the Federated States of and training’’. of library services to the public.’’. Micronesia, or the Republic of Palau to carry TITLE III—MUSEUM SERVICES SEC. 202. DEFINITIONS. out activities described in this subtitle in ac- SEC. 301. PURPOSE. Section 213 of the Library Services and cordance with the provisions of this subtitle Section 271 of the Museum and Library Technology Act (20 U.S.C. 9122) is amended— that the Director determines are not incon- Services Act (20 U.S.C. 9171) is amended to (1) by striking paragraph (1); and sistent with this subparagraph. read as follows: (2) by redesignating paragraphs (2), (3), (4), ‘‘(ii) AWARD BASIS.—The Director shall ‘‘SEC. 271. PURPOSE. (5), and (6) as paragraphs (1), (2), (3), (4), and award grants pursuant to clause (i) on a ‘‘It is the purpose of this subtitle— (5), respectively. competitive basis and after taking into con- ‘‘(1) to encourage and support museums in sideration available recommendations from SEC. 203. AUTHORIZATION OF APPROPRIATIONS. carrying out their public service role of con- the Pacific Region Educational Laboratory necting the whole of society to the cultural, Section 214 of the Library Services and in Honolulu, Hawaii. artistic, historical, natural, and scientific Technology Act (20 U.S.C. 9123) is amended— ‘‘(iii) ADMINISTRATIVE COSTS.—The Director understandings that constitute our heritage; (1) by striking subsection (a) and inserting may provide not more than 5 percent of the ‘‘(2) to encourage and support museums in the following: funds made available for grants under this carrying out their educational role, as core ‘‘(a) IN GENERAL.—There are authorized to subparagraph to pay the administrative providers of learning and in conjunction with be appropriated to carry out this subtitle costs of the Pacific Region Educational Lab- schools, families, and communities; $232,000,000 for fiscal year 2004 and such sums oratory regarding activities assisted under ‘‘(3) to encourage leadership, innovation, as may be necessary for fiscal years 2005 this subparagraph.’’. and applications of the most current tech- through 2009.’’; and SEC. 205. STATE PLANS. nologies and practices to enhance museum (2) in subsection (c), by striking ‘‘3 per- Section 224 of the Library Services and services; cent’’ and inserting ‘‘3.5 percent’’. Technology Act (20 U.S.C. 9134) is amended— ‘‘(4) to assist, encourage, and support mu- SEC. 204. RESERVATIONS AND ALLOTMENTS. (1) in subsection (a)(1), by striking ‘‘not seums in carrying out their stewardship re- Section 221(b)(3) of the Library Services later than April 1, 1997.’’ and inserting ‘‘once sponsibilities to achieve the highest stand- and Technology Act (20 U.S.C. 9131(b)(3)) is every 5 years, as determined by the Direc- ards in conservation and care of the cultural, amended to read as follows: tor.’’; and historic, natural, and scientific heritage of ‘‘(3) MINIMUM ALLOTMENTS.— (2) in subsection (f)— the United States to benefit future genera- ‘‘(A) IN GENERAL.—For purposes of this sub- (A) by striking ‘‘this Act’’ each place such tions; section, the minimum allotment for each term appears and inserting ‘‘this subtitle’’; ‘‘(5) to assist, encourage, and support mu- State shall be $340,000, except that the min- (B) in paragraph (1)— seums in achieving the highest standards of imum allotment shall be $40,000 in the case (i) by striking ‘‘section 213(2)(A) or (B)’’ management and service to the public, and of the United States Virgin Islands, Guam, and inserting ‘‘section 213(1)(A) or (B)’’; and to ease the financial burden borne by muse- American Samoa, the Commonwealth of the (ii) by striking ‘‘1934,’’ and all that follows ums as a result of their increasing use by the Northern Mariana Islands, the Republic of through ‘‘Act, may’’ and inserting ‘‘1934 (47 public; and the Marshall Islands, the Federated States of U.S.C. 254(h)(6)) may’’; and ‘‘(6) to support resource sharing and part- Micronesia, and the Republic of Palau. (C) in paragraph (7)— nerships among museums, libraries, schools, ‘‘(B) RATABLE REDUCTIONS.—Notwith- (i) in the matter preceding subparagraph and other community organizations.’’. standing subparagraph (A), if the sum appro- (A), by striking ‘‘section:’’ and inserting SEC. 302. DEFINITIONS. priated under the authority of section 214 ‘‘subsection:’’; and Section 272(1) of the Museum and Library and not reserved under subsection (a) for any (ii) in subparagraph (D), by striking Services Act (20 U.S.C. 9172(1)) is amended by fiscal year is insufficient to fully satisfy the ‘‘given’’ and inserting ‘‘applicable to’’. adding at the end the following: ‘‘Such term requirement of subparagraph (A), each of the SEC. 206. GRANTS TO STATES. includes aquariums, arboretums, botanical minimum allotments under such subpara- Section 231 of the Library Services and gardens, art museums, children’s museums, graph shall be reduced ratably. Technology Act (20 U.S.C. 9141) is amended— general museums, historic houses and sites, ‘‘(C) EXCEPTION.— (1) in subsection (a), by striking para- history museums, nature centers, natural ‘‘(i) IN GENERAL.—Notwithstanding sub- graphs (1) and (2) and inserting the following: history and anthropology museums, plan- paragraph (A), if the sum appropriated under ‘‘(1) expanding services for learning and ac- etariums, science and technology centers, the authority of section 214 and not reserved cess to information and educational re- specialized museums, and zoological parks.’’.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10929 SEC. 303. MUSEUM SERVICES ACTIVITIES. but subsequent awards for technical assist- TITLE V—MISCELLANEOUS PROVISIONS Section 273 of the Museum and Library ance shall be subject to review outside the SEC. 501. AMENDMENTS TO ARTS AND ARTIFACTS Services Act (20 U.S.C. 9173) is amended to Institute. INDEMNITY ACT. read as follows: ‘‘(d) SERVICES FOR NATIVE AMERICANS.— Section 5 of the Arts and Artifacts Indem- ‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES. From amounts appropriated under section nity Act (20 U.S.C. 974) is amended— ‘‘(a) IN GENERAL.—The Director, subject to 275, the Director shall reserve 1.75 percent to (1) in subsection (b), by striking the policy advice of the Museum and Library award grants to, or enter into contracts or ‘‘$5,000,000,000’’ and inserting ‘‘$8,000,000,000’’; Services Board, may enter into arrange- cooperative agreements with, Indian tribes (2) in subsection (c), by striking ments, including grants, contracts, coopera- and organizations that primarily serve and ‘‘$500,000,000’’ and inserting ‘‘$600,000,000’’; tive agreements, and other forms of assist- represent Native Hawaiians (as defined in and ance, with museums and other entities as section 7207 of the Native Hawaiian Edu- (3) in subsection (d)— the Director considers appropriate, to pay cation Act (20 U.S.C. 7517)), to enable such (A) in paragraph (6), by striking ‘‘or’’ after the Federal share of the cost of— tribes and organizations to carry out the ac- the semicolon; ‘‘(1) supporting museums in providing tivities described in subsection (a).’’. (B) by striking paragraph (7) and inserting learning and access to collections, informa- SEC. 304. REPEALS. the following: tion, and educational resources in a variety Sections 274 and 275 of the Museum and Li- ‘‘(7) not less than $400,000,000 but less than of formats (including exhibitions, programs, brary Services Act (20 U.S.C. 9174 and 9175) $500,000,000, then coverage under this chapter publications, and websites) for individuals of are repealed. shall extend only to loss or damage in excess of the first $400,000 of loss or damage to all ages; SEC. 305. AUTHORIZATION OF APPROPRIATIONS. items covered; or ‘‘(2) supporting museums in building learn- Section 276 of the Museum and Library ing partnerships with the Nation’s schools ‘‘(8) $500,000,000 or more, then coverage Services Act (20 U.S.C. 9176) is amended— under this chapter shall extend only to loss and developing museum resources and pro- (1) in subsection (a), by striking grams in support of State and local school or damage in excess of the first $500,000 of ‘‘$28,700,000 for the fiscal year 1997, and such loss or damage to items covered.’’. curricula; sums as may be necessary for each of the fis- SEC. 502. NATIONAL CHILDREN’S MUSEUM. ‘‘(3) supporting museums in assessing, con- cal years 1998 through 2002.’’ and inserting (a) DESIGNATION.—The Capital Children’s serving, researching, maintaining, and ex- ‘‘$38,600,000 for fiscal year 2004 and such sums hibiting their collections, and in providing Museum located at 800 Third Street, NE, as may be necessary for fiscal years 2005 Washington, D.C. (or any successor location), educational programs to the public through through 2009.’’; and the use of their collections; organized under the laws of the District of (2) by redesignating such section as section Columbia, is designated as the ‘‘National ‘‘(4) stimulating greater collaboration 275 of such Act. among museums, libraries, schools, and Children’s Museum’’. other community organizations in order to SEC. 306. SHORT TITLE. (b) REFERENCES.—Any reference in a law, share resources and strengthen communities; Subtitle C of the Museum and Library map, regulation, document, paper, or other record of the United States to the Capital ‘‘(5) encouraging the use of new tech- Services Act (20 U.S.C. 9171 et seq.) is amend- Children’s Museum referred to in subsection nologies and broadcast media to enhance ac- ed— (a) shall be deemed to be a reference to the cess to museum collections, programs, and (1) by redesignating sections 271, 272, and National Children’s Museum. services; 273 as sections 272, 273, and 274, respectively; ‘‘(6) supporting museums in providing serv- and SEC. 503. CONFORMING AMENDMENT. Section 170(e)(6)(B)(i)(III) of the Internal ices to people of diverse geographic, cultural, (2) by inserting after the subtitle heading Revenue Code of 1986 (relating to the special and socioeconomic backgrounds and to indi- the following: rule for contributions of computer tech- viduals with disabilities; ‘‘SEC. 271. SHORT TITLE. nology and equipment for educational pur- ‘‘(7) supporting museums in developing and ‘‘This subtitle may be cited as the ‘Mu- poses) is amended by striking ‘‘section carrying out specialized programs for spe- seum Services Act’.’’. 213(2)(A) of the Library Services and Tech- cific segments of the public, such as pro- TITLE IV—NATIONAL COMMISSION ON LI- nology Act (20 U.S.C. 9122(2)(A)’’ and insert- grams for urban neighborhoods, rural areas, BRARIES AND INFORMATION SCIENCE ing ‘‘section 213(1)(A) of the Library Services Indian reservations, and State institutions; ACT and Technology Act (20 U.S.C. 9122(1)(A))’’. ‘‘(8) supporting professional development SEC. 504. TECHNICAL CORRECTIONS. and technical assistance programs to en- SEC. 401. AMENDMENT TO CONTRIBUTIONS. Section 4 of the National Commission on (a) TITLE HEADING.—The title heading for hance museum operations at all levels, in the Museum and Library Services Act (20 order to ensure the highest standards in all Libraries and Information Science Act (20 U.S.C. 1503) is amended by striking ‘‘accept, U.S.C. 9101 et seq.) is amended to read as fol- aspects of museum operations; lows: ‘‘(9) supporting museums in research, pro- hold, administer, and utilize gifts, bequests, ‘‘TITLE II—MUSEUM AND LIBRARY gram evaluation, and the collection and dis- and devises of property,’’ and inserting ‘‘so- SERVICES’’. semination of information to museum pro- licit, accept, hold, administer, invest in the fessionals and the public; and name of the United States, and utilize gifts, (b) SUBTITLE A HEADING.—The subtitle ‘‘(10) encouraging, supporting, and dissemi- bequests, and devises of services or prop- heading for subtitle A of the Museum and Li- brary Services Act (20 U.S.C. 9101 et seq.) is nating model programs of museum and li- erty,’’. amended to read as follows: brary collaboration. SEC. 402. AMENDMENT TO MEMBERSHIP. ‘‘(b) FEDERAL SHARE.— Section 6(a) of the National Commission on ‘‘Subtitle A—General Provisions’’. ‘‘(1) 50 PERCENT.—Except as provided in Libraries and Information Science Act (20 (c) SUBTITLE B HEADING.—The subtitle paragraph (2), the Federal share described in U.S.C. 1505(a)) is amended— heading for subtitle B of the Museum and Li- subsection (a) shall be not more than 50 per- (1) in the second sentence, by striking ‘‘and brary Services Act (20 U.S.C. 9121 et seq.) is cent. at least one other of whom shall be knowl- amended to read as follows: ‘‘(2) GREATER THAN 50 PERCENT.—The Direc- edgeable with respect to the library and in- ‘‘Subtitle B—Library Services and tor may use not more than 20 percent of the formation service and science needs of the Technology’’. funds made available under this subtitle for elderly’’; (d) SUBTITLE C HEADING.—The subtitle a fiscal year to enter into arrangements (2) by striking the fourth sentence and in- heading for subtitle C of the Museum and Li- under subsection (a) for which the Federal serting the following: ‘‘A majority of mem- brary Services Act (20 U.S.C. 9171 et seq.) is share may be greater than 50 percent. bers of the Commission who have taken of- amended to read as follows: ‘‘(3) OPERATIONAL EXPENSES.—No funds for fice and are serving on the Commission shall ‘‘Subtitle C—Museum Services’’. operational expenses may be provided under constitute a quorum for conduct of business (e) CONTRIBUTIONS.—Section 208 of the Mu- this section to any entity that is not a mu- at official meetings of the Commission’’; and seum and Library Services Act (20 U.S.C. seum. (3) in the fifth sentence, by striking ‘‘five 9106) (as redesignated by section 104 of this ‘‘(c) REVIEW AND EVALUATION.— years, except that’’ and all that follows Act) is amended by striking ‘‘property of ‘‘(1) IN GENERAL.—The Director shall estab- through the period and inserting ‘‘five years, services’’ and inserting ‘‘property or serv- lish procedures for reviewing and evaluating except that— ices’’. arrangements described in subsection (a) en- ‘‘(1) a member of the Commission ap- (f) STATE PLAN CONTENTS.—Section tered into under this subtitle. pointed to fill a vacancy occurring prior to 224(b)(5) of the Library Services and Tech- ‘‘(2) APPLICATIONS FOR TECHNICAL ASSIST- the expiration of the term for which the nology Act (20 U.S.C. 9134(b)(5)) is amended ANCE.— member’s predecessor was appointed, shall by striking ‘‘and’’ at the end. ‘‘(A) IN GENERAL.—The Director may use be appointed only for the remainder of such (g) NATIONAL LEADERSHIP GRANTS, CON- not more than 10 percent of the funds appro- term; and TRACTS, OR COOPERATIVE AGREEMENTS.—Sec- priated to carry out this subtitle for tech- ‘‘(2) any member of the Commission may tion 262(b)(1) of the Library Services and nical assistance awards. continue to serve after an expiration of the Technology Act (20 U.S.C. 9162(b)(1)) is ‘‘(B) INDIVIDUAL MUSEUMS.—Individual mu- member’s term of office until such member’s amended by striking ‘‘cooperative agree- seums may receive not more than 3 technical successor is appointed, has taken office, and ments, with,’’ and inserting ‘‘cooperative assistance awards under subparagraph (A), is serving on the Commission.’’. agreements with,’’.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10930 CONGRESSIONAL RECORD — SENATE August 1, 2003 SEC. 505. REPEALS. W. Dudas, Deputy Under Secretary for audiovisual media. This will ensure (a) NATIONAL COMMISSION ON LIBRARIES AND Intellectual Property, Deputy Director that people throughout the world are INFORMATION SCIENCE ACT.—Section 5 of the of the United States Patent and Trade- exposed to American culture and that National Commission on Libraries and Infor- mark Office, Department of Commerce, our own citizens will have richer edu- mation Science Act (20 U.S.C. 1504) is amend- ed— Arlington, Virginia; Mr. Dan Troy, cational opportunities available as (1) by striking subsections (b) and (c); and Esq., Chief Counsel for Food and Drugs, well. (2) by redesignating subsections (d), (e), Food and Drug Administration, Rock- In addition, S. 888 supports the ef- and (f) as subsections (b), (c), and (d), respec- ville, MD; and Mr. Sheldon T. Brad- forts of President Bush and Mrs. Bush tively. shaw, Deputy Assistant Attorney Gen- to recruit more librarians by allowing (b) MUSEUM AND LIBRARY SERVICES ACT OF eral, Office of Legal Counsel, Depart- funds to be used for the recruitment of 1996.—Sections 704 through 707 of the Mu- ment of Justice, Washington, DC. persons in library and information seum and Library Services Act of 1996 (20 Panel II: Mr. Robert Armitage, Vice science. Over the next 16 years, Amer- U.S.C. 9102 note, 9103 note, and 9105 note) are ica’s libraries are projected to lose 58 repealed. President and General Counsel, Eli Lilly and Company, Washington, DC. percent of their professional librarians, SEC. 506. EFFECTIVE DATE. The PRESIDING OFFICER. Without and more than one-quarter of all li- The amendments made by this Act shall brarians with master’s degrees will take effect on the date of enactment of this objection, it is so ordered. Act, except that the amendments made by f reach the age of 65 before 2009. This bill sections 203, 204, and 305 of this Act shall will help to alleviate this shortage. take effect on October 1, 2003. MUSEUM AND LIBRARY SERVICES The legislation contains a number of ACT OF 2003 other important provisions. It pro- f Mr. WARNER. Mr. President, I ask hibits projects determined to be ob- NOTICES OF HEARINGS/MEETINGS unanimous consent that the Senate scene from receiving Federal funds, re- COMMITTEE ON ENERGY AND NATURAL proceed to the immediate consider- quires the Institute to conduct anal- RESOURCES ation of Calendar No. 178, S. 888. yses of the need for museum and li- Mr. DOMENICI. Mr. President, I The PRESIDING OFFICER. The brary services and the effectiveness of would like to announce for the infor- clerk will report the bill by title. funded projects in meeting those needs, mation of the Senate and the public The legislative clerk read as follows: consolidates the library and museum that the Committee on Energy and A bill (S. 888) to reauthorize The Museum advisory boards into one entity, and Natural Resources will hold a hearing and Library Services Act, and for other pur- prohibits funds appropriated under the on September 11, 2003 at 2:30 p.m. poses. Act’s authority from being used for li- The Committee will consider S. 432, a There being no objection, the Senate brary or museum construction. bill to authorize the Secretary of the proceeded to consider the bill. We have worked hard to reach an Interior and the Secretary of Agri- Mr. GREGG. Mr. President, I am agreement on this language with our culture to conduct and support re- pleased that the Senate will consider colleagues in the House, and expect search into alternative treatments for and pass today a Substitute Amend- that when the House returns from the timber produced from public lands and ment to H.R. 13, the Museum and Li- August recess, they will pass this bill lands withdrawn from the public do- brary Services Act of 2003. This sub- as well and send it on to the President main for the National Forest System stitute mirrors my bill, S. 888. Since I for his signature. Again, I thank my and for other purposes; S. 849, which first introduced this legislation in colleagues for their support of this im- would provide for a land exchange in April with several of my colleagues, it portant legislation. Mr. KENNEDY. Mr. President, I the State of Arizona between the Sec- has been a bipartisan process. Over the strongly support the Museum and Li- retary of Agriculture and Yavapai past several months we have worked to brary Services Act. Federal support of Ranch Limited partnership; and S. 511, build support for this language, so that museums and libraries is appropriate which would provide permanent fund- today S. 888 has over 50 Senators as co- and often essential to maintain the ing for the Payment in Lieu of Taxes sponsors. I thank my colleagues for cultural and educational centers that program, and for other purposes. their support. I particularly want to provide valued resources for commu- Because of the limited time available thank Senator REED, Senator FRIST, nities across the country. These insti- Senator KENNEDY, and Senator ENZI for for the hearings, witnesses may testify tutions encourage learning, under- their efforts. by invitation only. However, those standing, and respect for others in our This bill recognizes the importance wishing to submit written testimony diverse society, and their benefits are of libraries and museums and provides for the hearing record should send two found in every neighborhood in Amer- them with continued federal support copies of their testimony to the Com- ica. mittee on Energy and Natural Re- through the Institute of Museum and As technology’s role in our society sources, United States Senate, SD–364, Library Services. In addition, it au- becomes more significant than ever, Washington, D.C. 20510–6150 prior to the thorizes a doubling of the minimum wider access to the internet and other hearing date. state allotment under the Grants to resources is increasingly important. For further information, please con- State Library Agencies Program, up to Greater Federal funding for libraries tact Frank Gladics (202–224–2878) or $680,000. That provision allows for an and museums is especially important Meghan Beal (202–224–7556). increase, if appropriated, of 50% for when local budgets are so hard-pressed. f New Hampshire’s Federal library allot- This bill supports the use of a wide ment under the law. range of media in both museums and li- AUTHORITY FOR COMMITTEES TO Recognizing the key role that librar- MEET braries, enhancing access to exhibits ies play in fostering the academic and programs, and improving learning COMMITTEE ON THE JUDICIARY achievement of our nation’s school- in a variety of formats. Library and Mr. TALENT. Mr. President, I ask children, the Museum and Library museum advisory boards are consoli- unanimous consent that the Com- Services Act of 2003 also requires that dated into one body under this bill as a mittee on the Judiciary be authorized the director, where appropriate, ensure way to improve networks among muse- to meet to conduct a hearing on Fri- that the library activities of the IMLS ums, schools, and other community or- day, August 1, 2003, at 9:30 a.m., in the are coordinated with the school library ganizations. Dirksen Senate Office Building Room provisions of the No Child Left Behind This bill is intended to increase the 226 on ‘‘Examining the Senate and Act. efficiency of library services and pro- House Versions of the ‘Greater Access Furthermore, this bill increases the vide much-needed financial assistance. to Pharmaceuticals Act’.’’ indemnity limits in the Arts and Arti- It encourages library services for peo- facts Indemnity Act, thereby facili- ples of all backgrounds, especially in Witness List tating the international exchange and under-served urban and rural commu- Panel I: The Honorable Timothy J. display of works of art, books, rare nities, so that access to technology Muris, Esq., Chairman, Federal Trade documents and other published mate- will be much more widely available to Commission, Washington, DC; Mr. Jon rials, artifacts, and films and other all.

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10931 Support for museums is equally im- Artifacts Indemnity Act to ensure con- A bill (H.R. 2861) making appropria- portant. They help to preserve and tinued support for American museums tions for the Departments of Veterans maintain and explain the nation’s his- as they facilitate international cul- Affairs and Housing and Urban Devel- tory and heritage. They impart knowl- tural exchanges through touring exhi- opment, and for sundry independent edge of other cultures as well. They in- bitions here in the U.S. and loans of agencies, boards, commissions, cor- spire citizens of all ages to learn more American art around the world. porations, and offices for the fiscal about history, art, and science. Few ex- The bill also establishes a reserva- year ending September 30, 2004, and for periences can more vividly excite the tion of 1.75 percent of funds for mu- other purposes. imagination of a child about our Na- seum services for Native Americans, to Mr. WARNER. Mr. President, I now tion’s history than seeing an actual match the reservation currently pro- ask for their second reading and object relic of an event they’ve read about or vided for library services under the Li- to further proceedings on these mat- been told about. With this legislation, brary Services and Technology sub- ters. we can do more to enable museums to title. The PRESIDING OFFICER. Without increase their services, bring more ex- The bill updates the uses of funds for objection, it is so ordered. hibits into more communities, and en- library and museum programs and in- The bills will receive their second courage the use of new technology and creases the authorization levels for the reading on the next legislative day. variety of media. Library Services and Technology Act Mr. WARNER. The bills will be read Also, to ease the burden of insurance, and the Museum Services Act. for the second time on the next legisla- our bill authorizes increased indemnity We should meet these funding levels tive day; is that my understanding for art exhibits that might not other- in the appropriations process due to from the Chair? wise take place because of rising costs. this bill’s strong bipartisan support. I The PRESIDING OFFICER. The Sen- The House has passed a similar personally believe that our libraries ator is correct. version of the bill by an overwhelming and museums should be more robustly f majority, and I hope the Senate will do funded, particularly as these institu- the same. I particularly commend the tions play increasingly important roles APPOINTMENT AUTHORITY leadership Senator GREGG, the Chair- in our lives. Mr. WARNER. Now, in the category man of our HELP Committee, and the Again, I congratulate and thank my of appointment authority, I ask unani- principal sponsor of this bipartisan leg- colleagues, in particular, Senators mous consent that notwithstanding the islation. I also commend Senator REED, GREGG, KENNEDY, FRIST, and ENZI, on recess or adjournment of the Senate, the principal cosponsor of the bill, who passage of this important legislation. I the President of the Senate, the Sen- has so effectively carried on the com- look forward to working with them to ate’s President pro tempore, and the mitment on this issue by his prede- get this bill to the President’s desk in majority and minority leaders be au- cessor from Rhode Island, Senator Clai- September so that the bill’s increase in thorized to make appointments to com- borne Pell. Our committee unani- the minimum state allotment will take missions, committees, boards, con- mously approved this bill, and I urge effect in Fiscal Year 2004, as well as on ferences, or interparliamentary con- my colleagues in the Senate to approve ensuring increased funding for our Na- ferences authorized by law, by concur- it now. tion’s libraries and museums. rent action of the two Houses, or by Mr. REED. Mr. President, I rise Mr. WARNER. Mr. President, I ask order of the Senate. today to strongly support passage of unanimous consent that a Gregg sub- the Museum and Library Services Act The PRESIDING OFFICER. Without stitute amendment at the desk be of 2003. objection, it is so ordered. I thank the Chairman of the Health, agreed to, the bill be read a third time; f that the HELP Committee be dis- Education, Labor, and Pensions Com- EXECUTIVE SESSION mittee, Senator GREGG, and the Rank- charged from further consideration of ing Member, Senator KENNEDY, for H.R. 13, and that the Senate proceed to working closely with me on this bill its immediate consideration; that all EXECUTIVE CALENDAR AND and for getting us to this point. This after the enacting clause be stricken, NOMINATIONS DISCHARGED and the text of S. 888, as amended, be has been a long time in coming, and I Mr. WARNER. Mr. President, I ask am glad that we have worked out a bill inserted in lieu thereof; that the bill be read a third time, passed, and the mo- unanimous consent that the Senate im- with the other body that we can be mediately proceed to executive session proud to support. Indeed, the bill be- tion to reconsider be laid upon the table; that S. 888 be returned to the to consider en bloc the following nomi- fore us today is essentially the bill we nations on today’s Executive Calendar: approved in Committee on June 26th. calendar, and any statements related Calendar Nos. 344, 345, 346, 353, and 355. Last year, during the hearing I to the bill be printed in the RECORD. Further, I ask unanimous consent chaired on the Museum and Library The PRESIDING OFFICER. Without Services Act, we heard directly from objection, it is so ordered. that the Foreign Relations Committee the museum and library communities The amendment (No. 1541) in the na- and the Finance Committee be dis- about the recommendations for updat- ture of a substitute was agreed to. charged from further consideration of ing this law so its meets the future (The amendment is printed in today’s the following nominations from their needs of museum and library users. I RECORD under ‘‘Text of Amendments.’’) respective committees: from the For- also extend my thanks to the museum The bill (H.R. 13), as amended, was eign Relations Committee, PN764, Jef- and library communities for their ef- read the third time and passed. frey Marcus; from the Finance Com- forts in this process. f mittee, PN477, Teresa Ressel. Like S. 238, the legislation I intro- I further ask unanimous consent that MEASURES READ THE FIRST duced earlier this year, and S. 888, the nominations be considered and con- TIME—H.R. 2799 AND H.R. 2861 which I joined Senator GREGG in intro- firmed, the motions to reconsider be ducing, this bill doubles the minimum Mr. WARNER. Mr. President, I un- laid upon the table, the President be state allotment under the Library derstand that the following appropria- immediately notified of the Senate’s Services and Technology Act, which tions bills are at the desk: H.R. 2799 action, and the Senate then return to will enable smaller States like Rhode and H.R. 2861. I ask for their first read- legislative session. to benefit and implement the valuable ing en bloc. The PRESIDING OFFICER. Is there services and programs that larger The PRESIDING OFFICER. The objection? States have been able to put in place. clerk will report the bills by their ti- Mr. DAYTON. Mr. President, reserv- It also ensures that library activities tles. ing the right to object. are coordinated with the school library The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- program I authored, which is now part A bill (H.R. 2799) making appropria- ator from Minnesota. of the No Child Left Behind Act of 2001. tions for the Departments of Com- Mr. DAYTON. Mr. President, on be- The bill includes an increase in the merce, Justice, and State, the Judici- half of the Democratic leader, we are indemnity limits under the Arts and ary, and related agencies. also clear on Calendar No. 308, Jack

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10932 CONGRESSIONAL RECORD — SENATE August 1, 2003 Goldsmith III, to be an Assistant At- venes on Tuesday, September 2, the respectfully disagree with the modesty torney General; and Calendar No. 354, Senate will begin consideration of H.R. by which he characterized himself as Daniel Bryant, to be an Assistant At- 2660, the Labor, HHS, and Education anything less than one of the real torney General. appropriations bill. There will be no greats in the Senate. In my estimation, So I withdraw my objection. rollcall votes on Tuesday, but Members the Senator from Virginia ranks up The PRESIDING OFFICER. Without are encouraged to come to the floor to among the greats of the Senate from objection, it is so ordered. offer and debate amendments to the the beginning of our Nation’s proud The nominations considered and con- bill. Senators who wish to offer an heritage and through the years. firmed en bloc are as follows: amendment should contact the bill I believe the Senator has now com- EXECUTIVE OFFICE OF THE PRESIDENT managers so they can schedule an or- pleted 25 years of extraordinary service Josette Sheeran Shiner, of Virginia, to be derly process for debate. Any votes or- on behalf of not only the citizens of a Deputy United States Trade Representa- dered with respect to amendments to Virginia but also the citizens of Min- tive, with the rank of Ambassador. the appropriations bill would occur on nesota and the citizens of this country. DEPARTMENT OF COMMERCE Wednesday, September 3. When I was one-hundredth in Senate James J. Jochum, of Virginia, to be an As- On behalf of the leader, I wish all of seniority for my first 2 years, I had sistant Secretary of Commerce. my colleagues a safe and restful period some doubts about the worth of the se- DEPARTMENT OF THE TREASURY and, hopefully, one in which they can niority system. I was dissuaded when- Robert Stanley Nichols, of Washington, to have an opportunity to be with their ever I would see the Senator from Vir- be an Assistant Secretary of the Treasury. families. Yet, as always, we enjoy the ginia, Mr. WARNER, act as chairman of the Senate Armed Services Committee, DEPARTMENT OF JUSTICE engagement with our constituents and visits to places in our State. So this is then as its ranking member, and now Rene Acosta, of Virginia, to be an Assist- ant Attorney General. a well-earned recess for the Senate. We as chairman again, of that most impor- Paul Michael Warner, of Utah, to be United have had a very active session. I com- tant committee. States Attorney for the District of Utah for mend our joint leadership for their When I recently had a chance to trav- the term of four years. leadership. We made some history here el with him to Iraq and saw his for- DEPARTMENT OF STATE in the last 48 hours on certain bills titude and his determination to serve Jeffrey A. Marcus, of Texas, to be Ambas- passed and nominations accepted. the best interests of our country, or sador Extraordinary and Plenipotentiary of I see a Senator desiring recognition, when matters of great importance to the United States of America to Belgium. but I wonder if I might make the fol- the future of this country and this DEPARTMENT OF TREASURY lowing request, with the understanding world came before the Senate Armed Teresa M. Ressel, of Virginia, to be Assist- that the Chair will recognize our col- Services Committee, I was always reas- ant Secretary of the Treasury. league who has been patiently waiting. sured by the knowledge that the Sen- ator from Virginia, Mr. WARNER, was f f chairman of that committee, and act- LEGISLATIVE SESSION ORDER FOR ADJOURNMENT ing with the very distinguished rank- The PRESIDING OFFICER. Under Mr. WARNER. So I say, if there is no ing member, Senator LEVIN from the previous order, the Senate will now further business to come before the Michigan. I believed that our democ- return to legislative session. Senate, I ask unanimous consent that racy was in the best possible hands. f the Senate adjourn under the provi- The wisdom of the seniority system with a man of that stature serving in AUTHORIZATION TO SIGN EN- sions of H. Con. Res. 259, following the statement of our colleague, Senator that role was certainly upheld. I would ROLLED BILLS OR JOINT RESO- just like to acknowledge that his own LUTIONS DAYTON, to speak for no longer than 20 minutes. modesty prevented him from saying Mr. WARNER. Mr. President, I ask The PRESIDING OFFICER. Without what I know that my colleagues join unanimous consent that during this ad- objection, it is so ordered. with me on both sides of the aisle in journment of the Senate, the majority saying, that this man is one of the true leader or the assistant majority leader f greats of the Senate on this day or any or Senator SANTORUM be authorized to APPOINTMENT OF CONFEREES— day. sign duly enrolled bills or joint resolu- H.R. 2417 Mr. WARNER. Mr. President, I thank tions. our distinguished colleague. He is a The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without very active member of the Armed Serv- the previous order, the Chair will ap- objection, it is so ordered. ices Committee. Indeed, he did make point conferees to H.R. 2417. f reference to our excellent trip of nine The Presiding Officer appointed Mr. Senators into Iraq, 3 days in country. ORDERS FOR TUESDAY, OBERTS ATCH E INE R , Mr. H , Mr. D W , Mr. It was a very important mission, defin- SEPTEMBER 2, 2003 OND OTT NOWE B , Mr. L , Ms. S , Mr. ing exactly what I tried to enumerate Mr. WARNER. Mr. President, I ask HAGEL, Mr. CHAMBLISS, Mr. WARNER, in my remarks earlier, our responsi- unanimous consent that when the Sen- Mr. ROCKEFELLER, Mr. LEVIN, Mrs. bility to the men and women of the ate completes its business today, it FEINSTEIN, Mr. WYDEN, Mr. DURBIN, Mr. Armed Forces and their families. I stand in adjournment until 9:30 a.m., BAYH, Mr. EDWARDS, and Ms. MIKULSKI thank the Senator. Tuesday, September 2. I further ask from the Select Committee on Intel- Mr. DAYTON. I thank also the Pre- that following the prayer and the ligence; Mr. ALLARD and Mr. NELSON of siding Officer for his forbearance in pledge, the morning hour be deemed Florida from the Committee on Armed permitting my remarks this afternoon. expired, the Journal of proceedings be Services conferrees on the part of the I had the opportunity to serve on many approved to date, the time for the two Senate. of these occasions in the previous 2 leaders be reserved for their use later The PRESIDING OFFICER. Under years as Presiding Officer. I know how in the day, and the Senate then begin the previous order, the Senator from my heart sank when yet another Sen- consideration of Calendar No. 197, H.R. Minnesota. ator would arrive on the floor to make 2660, the Labor, HHS, and Education f his or her remarks. I thank the Pre- appropriations bill, as provided under siding Officer for this opportunity and SENATOR WARNER the previous order. his forbearance as well. The PRESIDING OFFICER. Without Mr. DAYTON. Mr. President, let me f objection, it is so ordered. preface my intended remarks. I seldom AVIATION ADMINISTRATION f have occasion to take exception to the remarks made by the very distin- CONFERENCE REPORT PROGRAM guished chairman of the Senate Armed Mr. DAYTON. Mr. President, yester- Mr. WARNER. For the information of Services Committee on which I am day and this morning I placed holds on all Senators, when the Senate recon- honored to serve, but I must say that I the nominations of 15 men and women

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 1, 2003 CONGRESSIONAL RECORD — SENATE S10933 for appointments in the executive write one final bill out of the two putting in garbage like this airport branch. They have one characteristic versions passed by the Senate and the noise clause, which affects the people in common. They all come from States House, and then the rest of us—all of of Minnesota. They ought to be of Senators or Members of the House of the elected Senators and Representa- ashamed, they should be better than Representatives who have signed the tives—have to vote that final report up that, and they ought to stop doing it. Federal Aviation Administration con- or down, with no changes, no additions, Where does this legislative dropping ference report. This report, which will no subtractions. come from? Reportedly, I have heard come before the Senate and the House Conference committees recently have from several sources, it was added by a after the August recess, steals the taken a very dangerous turn. The Senate conferee. Neither my Minnesota rightful authority of the Minnesota Democratic conferees are being ex- colleague nor I were aware of it, which Metropolitan Airports Commission, cluded from their deliberations and de- obviously was the intent of both its au- which is a public body, its members ap- cisions. Republicans make up the ma- thor and originator. I am deeply of- pointed by the Governor, to make deci- jority of the conferees from both the fended that one of my colleagues would sions about the lives of Minnesotans House and Senate, as they should be- behave in such an underhanded fashion who live near our major international cause they hold the majority in both and harm the people in my State for no airport. The Report would prohibit bodies. So if those Republican con- apparent reason. Federal funds from being used for noise ferees concur among themselves, they What would induce another Member insulation of homes or apartment will prevail on every vote, and they of the Senate to do something like buildings where the airplane noise will get the final bill they want to cre- that? Now, he didn’t make up the idea ranges from 60 to 64 decibels. ate. They have that right based on the by himself. We have enough to do in This clause was not in the Senate bill rules of the Senate and the House. these jobs that we don’t have to hunt and it was not in the House bill. It was For some reason, however, that is not for issues affecting airports in other neither considered nor acted upon by enough these days because, increas- States to make our sneak attacks either body, nor by any of the commit- ingly, the Democratic conferees are not upon—at least I hope not. We have our tees of jurisdiction in the Senate or the allowed in meetings where those delib- disagreements here, as we should. We House. There was no public notifica- erations and decisions are being made. have our political arguments, as we tion about this intent. There were no They are not even allowed to object or must. But I certainly hope we are not hearings, no testimony, nothing about agree, or to try to persuade otherwise. here to do damage to people in other this particular clause. I have to ask myself, as someone who Members’ States. It appears in the conference report has been here only 21⁄2 years, why is it If we are going to engage in such a reportedly because a lobbyist rep- they are not even allowed to partici- practice, I certainly expect that we resenting a client found a Senator from pate? Is it to make it easier to sneak in will all have the integrity to do so in another State far removed from my these kinds of terrible additions to the proper and public lawmaking proc- State, where citizens will bear the bur- bills that will become law and hope esses of this Senate and this Congress. dens and the consequences of this ac- they won’t be noticed by the rest of us I certainly expect the decency to be in- tion. To slip this contemptible lan- before the final bill is acted upon? formed by my colleague that he in- guage into the final conference report, This exclusion from the process and tends to do so. If that integrity and which will become, if it is acted favor- the inclusion of another provision that that decency do not prevail here, then ably upon by the Senate and House, the was not previously passed by the Sen- the former Chaplain of the Senate, Dr. final bill, the law of the land if the ate or the House, to privatize this Na- Edward Everett Hale, was right when President signs it, this action reminds tion’s air traffic control system, which asked if he prayed for the Senators. me of the old contest called limbo, ranks as one of the most unwarranted, ‘‘No,’’ the Senate Chaplain replied, ‘‘I where the object was to ‘‘see how low unjustified, destructive, and dangerous look at the Senators and pray for the you could go.’’ This action is very low. ideas of this new century, were the country.’’ It is low because it is a perversion of major reasons that not a single Demo- The Senate Chaplain spoke those our public process for making laws cratic conferee from either the Senate words 100 years ago. I believe, and for which govern the lives of the citizens or the House signed the FAA con- the sake of our country I pray, that the of this country; in this case, the lives ference report. There were 38 con- Senate of 2003 is far better than the of people who live in over 8,000 homes ferees—24 Republicans and 14 Demo- Senate of 1903, if that is what caused and over 3,200 apartments which sur- crats. All 24 Republicans signed the the Chaplain then to make such a re- round the Minneapolis-St. Paul Metro- conference report. None of the Demo- mark. Let all of us be sure to make it politan Airport. crats, out of 14 Democratic conferees, better today by our own conduct here. Some 300 years ago, even before the signed that conference report. There is someone else who is also re- formation of this democracy, one of the So much for ‘‘changing the tone’’ in sponsible for this sneaky, slimy, and first leaders of English settlers arriv- Washington. So much for ‘‘bipartisan- sordid shenanigan, and that, I regret to ing here was William Penn. He wrote ship.’’ So much for honest Government say, is Northwest Airlines, a major that people are free under a govern- reflecting the will of the people, who Minnesota company, founded in Min- ment where the laws rule and the peo- elected all of us to represent them in nesota, headquartered in Minnesota, ple are a party to those laws. Those are the Senate and in the House. The ma- employing over 18,000 people in Min- the two conditions under which the jority caucus of the Senate is com- nesota. It is one of Minnesota’s most people are free. prised of 51 Members, and the minority important companies. It is our link to The several thousand people who caucus has 49 members. If the then-in- the world. would be affected by this clause if it cumbent senior Senator from Min- Northwest Airlines controls 85 per- were to become law—and it will not be- nesota had not been killed in a plane cent of the gates at the Minneapolis- come law—were not a party to that de- crash last October, the Senate would be St. Paul Airport. It is comprised of cision because the people they elected 50/50 evenly divided, as it was when I 18,000 tremendous people in Min- to represent them in Congress, their arrived here 21⁄2 years ago. The people nesota—executives, pilots, flight at- two Senators and their Congressman, of America have recently voted for a tendants, mechanics, baggage handlers, were not a party to this clause. I am closely divided Government, to which reservation agents, skycaps. One by not myself a supporter of the idea of a the 2000 Presidential election also one they are great people: hard work- unicameral legislative body, but if bears witness to. ing, dedicated, loyal, courteous, and there were ever consideration given, It is fundamentally wrong for the skilled in what they do. this would be exhibit number 1 in sup- barely majority party to usurp the re- As a corporate entity, however, port of one, because a unicameral legis- sponsibility for good government, and Northwest Airlines more often acts lative body would eliminate these con- in conformance to the expressed polit- like Darth Vader than the Caped Cru- ference committees, where a few Mem- ical will of the American people. It is sader. The company is capable of won- bers of the House and Senate go into terribly wrong to do so for the purpose derful acts of charity. Last year it some back room or private office and of writing bills behind closed doors and helped to transport 10,000 boxes of Girl

VerDate Mar 15 2010 20:58 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\2003SENATE\S01AU3.REC S01AU3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10934 CONGRESSIONAL RECORD — SENATE August 1, 2003 Scout cookies to soldiers stationed Their lives were being made worse Northwest Airlines will not get away abroad. Every quarter it partners with also, I note, by the noise of Northwest with this deviant, dastardly, and un- a worthwhile charity, and on every Airlines’ aging fleet of airplanes, the democratic action. Northwest Airlines flight it asks passengers to donate ei- oldest of any of the major carriers at will not get its way this way. This deed ther their money or accumulated fre- the time, which were not being re- will not stand. It will not become law. quent flier miles, equivalent to money, placed by the newer planes originally The people of Minnesota have my word, to that worthwhile cause. on order because of the financial dif- it will not become law. However, during my entire public ca- ficulties that the corporate takeover Before I began these remarks, I with- reer, going back 25 years as Min- put on the company. But at least in drew my 15 holds on those executive nesota’s commissioner of economic de- this instance, Northwest went through branch nominations at the specific re- velopment to being a Senator today, no the public process, and they prevailed. quest of the White House, out of my re- other Minnesota company has ever As part of that agreement, they re- spect. I am mindful that a year ago, asked for as much from the public, re- portedly agreed to contribute $70 mil- when I put 60 holds on nominations for ceived as much from the public, asked lion to this next phase of noise insula- various executive positions, the White as much again and again from the pub- tion of homes and apartments in the House staff responded in a most im- lic, received as much again and again surrounding areas. Northwest was hard pressive way. from the public, and showed as little hit on September 11, 2001, and its after- They worked with my office and gratitude, graciousness, or respect for math, as were other air carriers in this other Senators’ offices to rescue over the public as Northwest Airlines. country, as were many other busi- 200 Cambodian orphans from orphan- In 1989, Northwest Airlines was sub- nesses throughout this country, many ages in Cambodia who were being pre- ject to a hostile takeover. A company of which went out of business as a re- vented by the INS to be brought to this that at the time had a cash balance of sult of the disruption to our economy country by their adoptive parents. over $700 million became one saddled caused by those dastardly events. To the great credit of the President with over $2 billion in corporate debt. They sought financial assistance of the United States, the White House With the economic downturn that from this body and from the institu- used his ultimate authority to override began in 1990 and went into 1991, North- tion of Congress. On September 22, that decision by INS and to make it west fell into serious financial dif- Congress provided $5 billion of grants possible for those children to come to ficulty and was near bankruptcy, we to the airline carriers, of which North- loving homes in Minnesota and other were informed. That condition was west Airlines received $428 million in States; and for that reason, and for my caused by loss of revenues compounded public funds, grant money, not to be respect generally, I yielded to that spe- by the debt load of their takeover. So repaid. cific request by the White House and Northwest Airlines came to the people On April 3 of this year, as part of the withdrew those 15 holds. of Minnesota for help, and the people of supplemental appropriation, this body, I have equally the greatest regard for Minnesota responded. and its counterpart, authorized an- this institution of the Senate, for all of The Minnesota Legislature author- other $2.3 billion in grant money of its procedures, its protocols, and its ized $710 million in grants and in low- which Northwest Airlines will receive proud traditions. interest secured loans. The Metropoli- $205 million. In addition, we granted a I listened earlier today to the words tan Airports Commission essentially 4-month ticket tax holiday. I supported of the majority leader, a man whom I remortgaged the airport to provide a every single one of those measures, and greatly respect. By his invitation, I loan of $350 million. That is the same if Northwest Airlines’ survival were at was privileged to accompany him to Metropolitan Airports Commission stake, I would support it again because China, Taiwan, Japan, and the Repub- which Northwest Airlines now criti- it would be in the interests of both the lic of Korea 2 months ago. I watched cizes for every spending decision, for company and the people of Minnesota. with the greatest of admiration how he its supposed lack of frugality, forget- For a company to be the recipient of led our delegation and sat down face to ting it would be even more frugal if it all of that public support, to receive all face with some of the most important had saved the cost of carrying that of that support from this institution of leaders of other nations in this world. loan for the last 12 years. Congress, and then show so little re- He brought nothing but great credit to At the same time as that corporate spect for the public and so little regard this Senate. He and his predecessor in bailout by the people of Minnesota, our for the Congress or for the integrity of that position, now the Democratic State also began a 7-year agreed-upon our public process, I find to be deplor- leader, Senator DASCHLE are two men timetable, a dual-track process to de- able, detestable, and deranged. with dignity and with honor. I am in cide where to locate the new airport for The money this airline company awe of their continual patience. When our State and for the entire region: seeks to prohibit being expended to im- they have disagreements about policy whether it should be the expansion of prove the lives of their neighbors in or legislation, they are honest and they the existing airport or building a new Minnesota is not their money. It is the are honorable. We have debates. We one at a more remote site. public’s money. It is Federal money have votes and the majority prevails. By the mid-1990s, in the middle of that comes from general funds, from I also respect the desire of the major- that timetable, based on the seeming ticket taxes or from passenger taxes. It ity leader to proceed with an orderly experience of the costly new airport in is beyond irresponsible for any one per- schedule which he outlined when we re- Denver and its effects financially on son or any one corporation to try to de- turn in September. In fact, I share that the airline industry, particularly those stroy the public will expressed through desire. But I must give fair warning who had their hubs there, Northwest the legitimate public process by this and advance notice that I will not per- Airlines took a legitimate position in kind of back-door maneuver. No one mit the Senate to proceed with busi- its own corporate interest to oppose has that right. No one deserves to have ness as usual when we return on Sep- building a new airport elsewhere. But that right. And no one who shows such tember 2, while this FAA conference they were so insistent on getting their disrespect and disregard for our Demo- report, with this poisonous paragraph a own way that they convinced the Gov- cratic process, which exists to rep- part of it, is before the Senate. I will ernor and the Minnesota Legislature to resent the interests of all of the people put a hold on every nomination that abrogate after 6 years the final year of of this country, to protect the best in- comes before the Senate. I will object that intended 7-year process, cutting terests of all the people of this coun- to every motion to proceed after the off the last year of public debate, cut- try, no one who tries to abrogate that prayer and the Pledge of Allegiance, ting off the opportunity by those who democratic authority should get away and I will not yield on those matters are opposed to that decision, those who with it. They must not get away with until this language is removed from lived in the surrounding areas who it. It is too destructive to our democ- that conference report. You have my were plagued by airport noise. They racy if they do. It is too damaging to word. were denied their opportunities to our citizens’ faith in their Government We have over a month until we re- make their last cases to the public de- and to their trust in their Government, turn. That is plenty of time for those cision makers. which is their Government. who are party to this detestable act, to

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RONNIE L. BELL JR., 0000 ROOSEVELT H. CORPENING, 0000 work it out and to get it out of that THOMAS G. BELL, 0000 CONSTANTINE H. COSTAS, 0000 conference report. STEVEN D. BELTSON, 0000 ANDRE M. COTAROBLES, 0000 MICHAEL A. BENDER, 0000 SCOTT R. COULTER, 0000 Do not doubt my resolve. That lan- ROBERT W. BENNETT JR., 0000 ALEX G. COVERT, 0000 guage must be removed or I will not CHRISTOPHER L. BENSON, 0000 ALLAN L. COVILLE, 0000 PHARISSE BERRY, 0000 CONSTANCE M. COVINGTON, 0000 allow the business of the Senate to pro- ROBERT D. BIALEK, 0000 BRUCE E. COX, 0000 ceed. You have my word. You have my GARY M. BIDELMAN, 0000 DOUGLAS A. COX, 0000 ALLAN L. BILYEU, 0000 JOSEPH M. COX, 0000 word. STEPHEN M. BIRCH, 0000 REGINALD T. COX, 0000 I yield the floor. JOSEPH F. BIRCHMEIER, 0000 SCOTT A. COY, 0000 JAMES E. BIRD III, 0000 JAMES E. CRAIG, 0000 f JOHN H. BIRDSONG III, 0000 ROBERT S. CRAIG, 0000 MARTIN O. BIXBY, 0000 MARK A. CRAVENS, 0000 MARCUS C. *BLACK JR., 0000 NEIL P. CRIBB, 0000 ADJOURNMENT UNTIL TUESDAY, OLIVER A. BLACK, 0000 DOUGLAS C. CRISSMAN, 0000 SEPTEMBER 2, 2003 AT 9:30 A.M. CRYSTAL S. BLACKDEER, 0000 RICHARD E. CROGAN II, 0000 MICHAEL D. BLACKWELL, 0000 IVETTE R. CROSBY, 0000 The PRESIDING OFFICER. Under OBEDIAH T. BLAIR, 0000 JOHN W. CROSS, 0000 THOMAS S. BLAIR, 0000 CLIFFORD P. CROW, 0000 the previous order, the Senate stands GUSTAVO E. BLUM, 0000 EDWARD J. DAES JR., 0000 adjourned until 9:30 a.m. on Tuesday, ROGER M. BOBER, 0000 PAUL R. DANIELS, 0000 WILLIAM L. BOLDEN JR., 0000 DAVID A. DANIKOWSKI, 0000 September 2, 2003. DONALD C. BOLDUC, 0000 DUANE A. DANNEWITZ, 0000 Thereupon, the Senate, at 2:37 p.m., BOB G. BOND, 0000 ROGER R. DANSEREAU, 0000 MADELINE T. BONDY, 0000 JOHN C. DAVIDSON, 0000 adjourned until Tuesday, September 2, MICHAEL D. BORG, 0000 ARCHIE P. DAVIS III, 0000 2003, at 9:30 a.m. SHERRIE L. BOSLEY, 0000 CHARLES M. DAVIS, 0000 MARK C. BOUSSY, 0000 LEONEAL. DAVIS JR., 0000 f CHRISTOPHER E. BRADBERRY, 0000 SAMUEL J. DAVIS, 0000 JEFFREY A. BRADFORD, 0000 WILLIE L. DAVIS, 0000 IVAN D. BRADLEY, 0000 DENNIS D. DAWSON, 0000 NOMINATIONS HAROLD T. BRANDENBURG JR., 0000 ROGER A. DEAN, 0000 MARY E. BRANSFORD, 0000 BRYAN D. DECOSTER, 0000 Executive nominations received by GARY M. BRENNIS, 0000 DONALD E. DEGIDIO JR., 0000 the Senate August 1, 2003: HOWARD K. BREWINGTON, 0000 CHRISTOPHER DELAROSA, 0000 VON M. BRICKHOUSE, 0000 TIMOTHY R. DELASS, 0000 DEPARTMENT OF STATE ERIC W. BRIGHAM, 0000 FREDERICK R. DENNISON, 0000 JEFFREY W. BRLECIC, 0000 GREGORY P. DEWITT, 0000 RICHARD EUGENE HOAGLAND, OF THE DISTRICT OF CO- JAMES L. BROGAN, 0000 SONIA R. *DEYAMPERT, 0000 LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN BOBBY J. BROWN, 0000 ROBERT P. DICKERSON, 0000 SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AM- BRIAN D. BROWN, 0000 DAVID A. DIEHL, 0000 BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF JOHN O. BROWN, 0000 MICHAEL A. DILLARD, 0000 THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THERREL L. BROWN JR., 0000 JOSEPH P. DIMINICK, 0000 TAJIKISTAN. TIMOTHY D. BROWN, 0000 RICHARD B. DIX, 0000 THE JUDICIARY DAVID W. BUCKINGHAM, 0000 PATRICK K. DIXON, 0000 GREGG E. BUEHLER, 0000 DAVID H. DODSON, 0000 SANDRA L. TOWNES, OF NEW YORK, TO BE UNITED DANNIE L. BULLOCK JR., 0000 PATRICK J. DONAHOE, 0000 STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT JOHN C. BURDETT JR., 0000 STEVEN L. DONALDSON, 0000 OF NEW YORK, VICE STERLING JOHNSON, JR., RETIRED. DEBRA L. BURGER, 0000 THOMAS T. DORAME, 0000 ROBERT K. BURK, 0000 MARSHALL K. DOUGHERTY JR., 0000 IN THE ARMY CHARLES F. BURKE, 0000 JOHN P. DRAGO, 0000 REGINA K. DRAPER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLARD M. BURLESON II, 0000 MARIA R. DREW, 0000 IN THE RESERVE OF THE ARMY TO THE GRADES INDI- JAMES S. BURNSIDE, 0000 JON R. DRUSHAL, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: AL T. BURRS JR., 0000 ROBERT C. BUSCHER JR., 0000 CHRIS A. DUDLEY, 0000 To be major general HOLLIS L. BUSH JR., 0000 DAVID A. DUFFY, 0000 BRIAN D. BUTLER, 0000 JAMES C. DUGAN, 0000 BRIG. GEN. JAMES R. SHOLAR, 0000 ROLAND S. BUTLER, 0000 WILLIAM P. DUGGAN, 0000 To be brigadier general LYNN K. BYERS, 0000 MICHAEL R. DULANEY, 0000 ROBERT K. BYRD, 0000 PAUL C. DULCHINOS, 0000 COL. HENRY J. OSTERMANN, 0000 PAMELA M. BYRNE, 0000 STEPHEN F. DUNHAM, 0000 RONALD D. CAFFEE, 0000 KEVIN R. DUNLOP, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHEN R. CAIN, 0000 BRIAN P. DUNN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROBERT W. CAIRNS, 0000 DWIGHT L. DUQUESNAY, 0000 RANDY D. DURIAN, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN MARION K. CALLAHAN, 0000 LEVERN EADY, 0000 ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND JOHN T. CALLERY, 0000 TYRON W. EASON, 0000 531: JOSEPH R. CALLOWAY, 0000 BRIAN W. EBERT, 0000 JENNIFER K. CAMPBELL, 0000 To be lieutenant colonel TIMOTHY S. ECOFF, 0000 JOSE A. CARBONE, 0000 JOHN O. EDBORG, 0000 MADELFIA A. ABB, 0000 CHRISTOPHER B. CARLILE, 0000 CHARLES E. EDGE, 0000 WILLIAM R. ABB, 0000 MARK J. CARLSON, 0000 JIMMY D. EDINGER, 0000 TIMOTHY W. ABEL, 0000 DANIEL W. CARPENTER, 0000 SCOTT L. EFFLANDT, 0000 ANTONIO A. AGUTO JR., 0000 MAXEY B. CARPENTER III, 0000 SHANNON L. EGGER, 0000 LARRY P. AIKMAN JR., 0000 LISA B. CARR, 0000 CHARLES J. EKVALL JR., 0000 CARL A. ALEX, 0000 CHARLES L. *CARRICK III, 0000 JOSHUA M. ELLIOTT II, 0000 THOMAS A. ALLAIRE, 0000 JONATHAN L. CARROLL, 0000 MARK A. ELLIOTT, 0000 SHAWN D. ALLEN, 0000 CURTIS J. CARSON, 0000 RICKY L. ELLISON, 0000 ANTONIO J. AMOS, 0000 DAVID H. CARSTENS, 0000 HARRIS EMMONS III, 0000 DEBORAH K. ANDERSON, 0000 DENNIS A. CASH, 0000 ROBERT D. ERVIN, 0000 DUANE T. *ANDERSON, 0000 ROBERT J. CASPER, 0000 ROBERT G. ESTEY, 0000 JAMES E. ANDERSON, 0000 ROBERT M. CASSIDY, 0000 DALLAS L. EUBANKS, 0000 MICHAEL R. ANDERSON, 0000 JOHN CATINO JR., 0000 BEATRICE M. EVANS, 0000 JOSEPH W. ANGYAL, 0000 DONALD R. *CECCONI, 0000 CHARLES M. EVANS, 0000 BRUCE P. ANTONIA, 0000 MACIE M. CHAMBERS, 0000 LUIS A. FAJARDO, 0000 CARMINE C. APICELLA, 0000 SHARON Y. *CHARLES, 0000 LISA J. FANELLI, 0000 JAN F. APO, 0000 JOHN T. *CHERNEY, 0000 ANGELIA D. FARNELL, 0000 MICHAEL APODACA, 0000 TIMOTHY J. CHMURA, 0000 MARK F. FASSL, 0000 EDWINA D. ARNOLD, 0000 HERBERT M. CHONG, 0000 TIMOTHY L. FAULKNER, 0000 THOMAS S. ARRINGTON, 0000 THOMAS V. CHRISTENSEN, 0000 DAVID M. FEE, 0000 SAMUEL L. ASHLEY, 0000 CHRISTOPHER J. CHURCHBORNE, 0000 SEAN P. FEELEY, 0000 SAMUEL L. ASKEW III, 0000 EDDIE W. CLARK, 0000 JOSEPH R. FELICIANO, 0000 FERNANDO AVALOS, 0000 JOEL J. CLARK, 0000 BENJAMIN R. FELTS JR., 0000 MARC D. AXELBERG, 0000 PATRICK A. CLARK, 0000 RICHARD M. FENOLI, 0000 ANDREW W. BACKUS, 0000 RONALD P. CLARK, 0000 BRYAN P. FENTON, 0000 CLARK R. BACKUS, 0000 SANDRA R. CLARK, 0000 CHARLES P. FERRY, 0000 DENNIS L. BACON, 0000 WILLIAM R. CLARK, 0000 DOUGLAS M. FIELDS, 0000 JACQUELINE BAGBY, 0000 KEVIN R. CLARKE JR., 0000 DANIEL A. FINLEY, 0000 GREGORY C. BAINE, 0000 MARTIN C. CLAUSEN, 0000 JAMES M. FISCUS, 0000 JAMES E. BAKER JR., 0000 JEANIE S. CLAXTON, 0000 CHARLES A. FISH, 0000 TRACY P. BANISTER, 0000 DAVID C. COCHRAN, 0000 RUSSELL E. FISHER, 0000 TRESE A. BANNISTER, 0000 CARL R. COFFMAN JR., 0000 THOMAS S. FISHER, 0000 MARK A. BARBOZA, 0000 JONATHAN M. COHEN, 0000 TIMOTHY W. FISHER, 0000 JAMES T. BARKER, 0000 ERNEST C. COLEMAN, 0000 TIMOTHY E. FITZGERALD, 0000 BRIAN T. BARRETT, 0000 JAMES J. CONNELLY, 0000 RONALD F. FIZER, 0000 BENJAMIN J. BARRIS, 0000 SCOTT P. CONNORS, 0000 MICHAEL A. FLEETWOOD, 0000 HILLARY R. BAXTER, 0000 BESHARA J. CONSTANTINE JR., 0000 EDWARD R. FLEMING, 0000 MARK D. BAXTER, 0000 PETER D. COOK, 0000 MARC A. FLICKER, 0000 ALFRED J. BAZZINOTTI, 0000 JOHN D. COOKSEY, 0000 ALBERT L. FLOOD III, 0000 KEITH A. BEAN, 0000 KEVIN D. COONEY, 0000 JAMES O. FLY JR., 0000 PATRICK C. BEATTY, 0000 CURT S. COOPER, 0000 MATTHEW C. FLY, 0000 WENDY M. BECHTEL, 0000 PAUL COPELAND, 0000 FRANCIS D. FLYNN, 0000 JOHN G. BECHTOL, 0000 DAMON J. CORBETT, 0000 SCOTT A. FORSYTHE, 0000 ANTHONY F. BECK, 0000 SHARI L. CORBETT, 0000 ROGER A. FORTIER JR., 0000 DAVID A. BEECH, 0000 THOMAS L. CORE, 0000 MICHAEL S. FOSTER, 0000 TED J. BEHNCKE, 0000 DENISE H. CORLEY, 0000 WILLIAM I. FOX III, 0000

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GARY W. FRANKLIN, 0000 FREDERICK H. JESSEN, 0000 PATRICK E. MATLOCK, 0000 GEORGE M. FRASER, 0000 ANGELO W. JOHNSON, 0000 DOUGLAS C. MCALLISTER, 0000 GEORGE L. FREDRICK, 0000 DARRYL H. JOHNSON, 0000 GAYLON L. MCALPINE, 0000 MARK A. FREITAG, 0000 DARYL S. JOHNSON, 0000 DAVID J. MCCARTHY, 0000 LEE A. FRETWELL, 0000 GREGORY A. JOHNSON, 0000 FRANK MCCLARY, 0000 STANLEY P. FUGATE, 0000 MICHAEL J. JOHNSON, 0000 GARRY W. MCCLENDON, 0000 BARRY A. GAERTNER, 0000 PHILLIP M. JOHNSON JR., 0000 GREGORY R. MCCLINTON, 0000 CARLOS J. GAINER, 0000 RONALD M. JOHNSON, 0000 JAMES N. MCCLOSKEY, 0000 JOSEPH N. GAINES, 0000 ROSSIE D. JOHNSON, 0000 CALVIN R. MCCOMMONS, 0000 WILLIAM J. GALBRAITH III, 0000 JOHNNY J. JOHNSTON, 0000 JIMMY L. MCCONICO, 0000 EDWARD R. GALLOWITZ, 0000 CRAIG W. JONES, 0000 OAKLAND MCCULLOCH, 0000 JOSEPH J. GANDARA, 0000 DAVID S. JONES, 0000 JARVIS B. MCCURDY, 0000 DANIEL R. GARCIA, 0000 JERRY C. JONES, 0000 CHRISTOPHER T. MCCURRY, 0000 VICTORIANO GARCIA JR., 0000 PATRICIA A. JONES, 0000 RICHARD F. MCCUSKER, 0000 ROBERT L. GARDNER, 0000 RONALD D. JONES, 0000 RONNIE K. MCDANIEL, 0000 TODD GARLICK, 0000 ALGIE M. JORDAN III, 0000 ROBERT C. MCDOWELL, 0000 KENNETH C. GARRETT, 0000 KAREN Z. JORDAN, 0000 EDWARD G. * MCGINLEY, 0000 MARK GATTO, 0000 CHRISTOPHER A. JOSLIN, 0000 MICHAEL L. MCGINN, 0000 AARON L. GEDULDIG, 0000 KEITH L. JUNE, 0000 MICHAEL J. MCGUIRE, 0000 SCOTT M. GEIGER SR., 0000 FREDRIC E. KAEHLER, 0000 PAUL A. MCINNIS, 0000 EARL F. GENTILE, 0000 ROBERT E. KAISER, 0000 KIRK E. MCINTOSH, 0000 CHARLES C. GIBSON, 0000 ARTHUR A. KANDARIAN, 0000 TIMOTHY A. MCKERNAN, 0000 KAREN H. GIBSON, 0000 GREGORY P. KANDT, 0000 JOHN E. MCLAUGHLIN, 0000 PETER A. GIBSON, 0000 RICHARD M. KANNEY, 0000 STEPHEN T. MCMILLAN, 0000 JOHN L. GIFFORD, 0000 THOMAS J. KARDOS, 0000 CHARLES L. MCMURTREY, 0000 WILLIAM T. GILLESPIE JR., 0000 MATTHEW C. KAUFMAN, 0000 JAMES T. MCNAIR, 0000 CARL L. GITCHELL, 0000 PHILLIP G. KAUFMANN, 0000 CORNELL MCNEAL, 0000 GEORGE A. GLAZE, 0000 MICHAEL H. KAUTZ, 0000 CHAD B. MCREE, 0000 NATHANIEL R. GLOVER, 0000 RALPH L. KAUZLARICH, 0000 PHILLIP A. MEAD, 0000 KEITH M. GOGAS, 0000 JAMES A. KEARSE, 0000 JOSHUA MELENDEZ, 0000 MORRIS T. GOINS, 0000 JOHN D. KEITH, 0000 BRIAN J. MENNES, 0000 GREGORY M. GOODE, 0000 MATTHEW S. KELLEY, 0000 TODD A. MESSITT, 0000 HERMAN GOODEN JR., 0000 DAVID M. KELLY, 0000 WILLIAM P. METHENY III, 0000 MICHAEL J. GOULD, 0000 STEVEN W. KELLY II, 0000 RONALD J. METTERNICH, 0000 MICHAEL S. GRAESE, 0000 RICHARD B. KEMPF, 0000 GREG E. METZGAR, 0000 TIMOTHEUS A. GRAHAM, 0000 CHRISTOPHER KENDZIERA, 0000 TOM J. MEYER, 0000 WILLIAM H. GRAHAM JR., 0000 STEPHEN J. KEPPLER, 0000 DREW R. MEYEROWICH, 0000 DEWEY A. GRANGER, 0000 ROGER D. KERN, 0000 TERRY P. MICHAELS, 0000 EARL GRAVETTE, 0000 JOHN W. KING II, 0000 LYMUS MIDDLETON JR., 0000 HOWARD L. GRAY, 0000 RONALD KIRKLIN, 0000 STEPHEN A. MIDDLETON, 0000 JOHN A. GRAY, 0000 ROBERT R. KISER, 0000 MARK F. MIGALEDDI, 0000 ROBERT W. GRAY, 0000 RICHARD P. KLEIN, 0000 JOHN S. MIKOS, 0000 HARDEE GREEN, 0000 SHAWN M. KLIEGL, 0000 BLAINE I. MILLER, 0000 RONALD L. GREEN, 0000 LENNY J. KNESS, 0000 MICHAEL D. MILLER, 0000 WILLIAM J. GREGG JR., 0000 LANCE R. KOENIG, 0000 RONNIE M. MILLER, 0000 WAYNE C. GRIEME JR., 0000 JOHN M. KOLESSAR, 0000 TODD D. MILLER, 0000 MICHAEL W. GRIFFITH, 0000 AIMEE L. KOMINIAK, 0000 STEVEN F. MILLNER, 0000 JONNY G. GRIGORIAN, 0000 STEVEN R. KRAMER, 0000 SCOTT S. MILLS, 0000 BRUCE H. GUGGENBERGER, 0000 SCOTT P. KUBICA, 0000 PATRICK D. MINER, 0000 TODD H. GUGGISBERG, 0000 DALE C. KUEHL, 0000 MICHAEL W. MINOR, 0000 DIXON M. GUNTHER, 0000 THOMAS G. KUNK, 0000 JAMES J. MINGUS, 0000 CHRISTOPHER S. HAIGH, 0000 JOHN G. KUNKLE, 0000 MARK D. MIRAGE, 0000 JOHN D. HALL, 0000 KEITH D. LADD, 0000 DANIEL S. MISHKET, 0000 RUSSELL J. HAMPSEY, 0000 JAMES A. LAFFEY, 0000 MARK E. MITCHELL, 0000 RONALD K. HANN JR., 0000 SAMUEL E. LAMB, 0000 MICHAEL D. MITCHELL, 0000 JOHN N. HANSEN, 0000 SHIRLEY J. LANCASTER, 0000 RICARDO J. MITCHELL, 0000 SHANE M. HANSEN, 0000 KEVIN A. LANDY, 0000 DONNA E. MOHNEY, 0000 JOHN A. HANSON, 0000 DONALD A. LANNOM, 0000 PETER C. MOLIN, 0000 SAMMIE L. HARGROVE, 0000 ROBERT S. LARSEN, 0000 WILLIAM H. MOLLER, 0000 VICTOR M. HARMON, 0000 GREGORY P. LARSON, 0000 KIMBERLEY J. MONDONEDO, 0000 ROBERT A. HARNEY JR., 0000 LOUIS J. LARTIGUE JR., 0000 EDWARD M. MONK, 0000 BERNARD F. HARRIS JR., 0000 GREGORY D. LAUTNER, 0000 BRUCE J. MONTGOMERY, 0000 CHARLES P. HARRIS, 0000 JOHN P. LAWSON, 0000 DORIS P. MONTGOMERY, 0000 DARRELL E. HARRIS, 0000 MICHAEL L. LAYRISSON, 0000 MICHAEL C. MOORE, 0000 PATRICK O. HARRIS, 0000 ROBERT E. LAZZELL II, 0000 PETER J. MORET, 0000 SCOTT A. HARRIS, 0000 WILLIAM J. LEADY JR., 0000 MICHAEL J. MORONEY, 0000 JEFFREY S. HARRISON, 0000 JAMES P. LEARY, 0000 RODNEY S. MORRIS, 0000 MICHAEL J. HARTIG, 0000 EDWARD C. LEDFORD, 0000 TODD B. MORRIS, 0000 HERMAN G. HASKEN III, 0000 PETER J. LEE, 0000 DAVID W. MORRISON, 0000 ADRIAN H. HAYNES JR., 0000 ADAM J. LEGG, 0000 ROBERT D. * MORSCHAUSER, 0000 ANGELA D. HAYNES, 0000 ROBERT J. LEHMAN, 0000 NANCY L. * MORSE, 0000 ANGELA N. HAYNES, 0000 CHAD G. LEMAY, 0000 WILLIAM L. MOSELEY, 0000 WILLIE V. HEARNE, 0000 BOHDAN W. LETNAUNCHYN, 0000 MARK A. MOSER, 0000 CHARLES C. HEATHERLY, 0000 JACQUELINE B. LETT, 0000 TIMOTHY E. MOUL, 0000 DOLORES M. HEIB, 0000 MICHAEL S. LEWIS, 0000 WILLIAM B. MOWERY, 0000 DEAN D. HEITKAMP, 0000 SAMUEL M. LIGO, 0000 FRANK MUGGEO, 0000 JOSEPH P. HENDERSON, 0000 ROBERT C. LING, 0000 MICHAEL T. MURPHY, 0000 STEPHEN E. HERRING JR., 0000 DENISE A. LITTLE, 0000 KEITH E. MUSCHALEK, 0000 JAMES D. HESS, 0000 MANFRED L. LITTLE II, 0000 ALFREDO J. MYCUE, 0000 SEAN W. HIGGINS, 0000 RUSSELL M. LIVINGSTON, 0000 STEPHEN C. MYERS, 0000 CHRISTOPHER P. HIMSL, 0000 SCOTT J. LOFREDDO, 0000 PETER F. NAJERA, 0000 JON M. HINCHCLIFFE, 0000 CHRISTOPHER D. LONG, 0000 BOBBIE K. NAPIER, 0000 MARK R. * HIRSCHINGER, 0000 JAMES J. LOVE, 0000 DAVID W. NAPIER, 0000 ROBERT T. HIXON, 0000 RICARDO M. LOVE, 0000 JOHN J. NELSON, 0000 RICHARD G. HOBSON, 0000 JAMES B. LOWERY III, 0000 JOSEPH A. NELSON, 0000 BARRY W. HOFFMAN, 0000 JAMES E. LUCAS, 0000 JOHN C. NEWSOME, 0000 SCOTT J. HOFFMANN, 0000 DAVID J. LUDERS, 0000 TIMOTHY E. NEWSOME, 0000 CHRISTOPHER J. * HOGUET, 0000 MICHEL J. LUGO, 0000 KEITH R. NICOLETTI, 0000 MARTIN J. HOLLAND, 0000 GEORGE A. * LUMPKINS, 0000 CHRISTOPHER M. NOLTA, 0000 CHRISTOPHER S. HOLLY, 0000 ANNIESTINE D. LUNDY, 0000 ERIK A. NORDBERG, 0000 RALPH A. HOLSTEIN, 0000 ANGELA M. LUNGU, 0000 JOHN E. NOVALIS II, 0000 CHARLIE P. HOLT JR., 0000 VIET X. LUONG, 0000 RICKY J. NUSSIO, 0000 PAUL S. HOSSENLOPP, 0000 BRIAN M. LYNCH, 0000 JAMES M. OBRIEN, 0000 SEAN HOTALING, 0000 DAVID L. LYNCH, 0000 LAUREL D. OCONNOR, 0000 SAMUEL C. HOUSTON JR., 0000 JOHN M. LYNCH JR., 0000 MARK W. ODOM, 0000 WILLIAM L. HOWARD JR., 0000 JOHN M. MACHESNEY, 0000 JOHN E. OMALLEY, 0000 JENNIFER M. HOYLE, 0000 KERRY J. MACINTYRE, 0000 JEFFREY K. OPPERMAN, 0000 BARRY F. HUGGINS, 0000 KEVIN S. MACWATTERS, 0000 KEITH R. ORAGE, 0000 GEORGE D. HUGGINS, 0000 LAWRENCE H. MADKINS III, 0000 JERRY R. ORBAN, 0000 SCOTT F. HUME, 0000 JIMMIE C. MAHANA, 0000 TIMOTHY W. ORNER, 0000 CHARLES F. HYDE, 0000 PATRICK J. MAHANEY JR., 0000 FELIX * ORTIZ, 0000 MICHAEL P. HYNES, 0000 DAVID W. MAJOR, 0000 ORLANDO W. ORTIZ, 0000 MICHAEL A. IACOBUCCI, 0000 DOUGLAS J. MALAN, 0000 CRAIG A. OSBORNE, 0000 ROBERT D. IBARRA, 0000 STEPHEN G. MANDES, 0000 TYLER C. OSENBAUGH, 0000 DAVID S. IMHOF, 0000 JOHNATHAN E. MANKEL, 0000 MARK E. OVERBERG, 0000 LEO M. IMPAVIDO JR., 0000 JOEL B. MANNING, 0000 DARRYL A. OWENS, 0000 SEBASTIAN O. INGRAM, 0000 MARK L. MARCHANT, 0000 WADE A. OWENS, 0000 DOUGLAS L. INGROS, 0000 GWEN C. MARSHALL, 0000 JOSEPH H. PACE, 0000 MICHAEL E. IRATCABAL, 0000 THOMAS R. MARSHALL, 0000 GREGORY W. PACKER SR., 0000 JOSEPH M. * IRBY, 0000 TIMOTHY J. MARSHALL, 0000 BRIAN R. PAGE, 0000 DAVID T. ISAACSON, 0000 JEFFREY R. MARTINDALE, 0000 DANIEL D. PAGE, 0000 SCOTT D. JACKSON, 0000 SCOTT W. MARYOTT, 0000 EMILY S. PALMER, 0000 THOMAS P. JAMESON, 0000 CLAUDIA L. MASON, 0000 STEVEN R. PALMER, 0000 TERRY J. JAMISON JR., 0000 GLEN A. MASSET, 0000 PAUL M. PAOLOZZI, 0000 JAMES B. JARRARD, 0000 DAVID A. MASTERSON, 0000 CHRIS P. PAPAIOANNOU, 0000 BRUCE D. JENKINS, 0000 SHELLY R. MATAUTIA, 0000 MICHAEL A. PARK, 0000 STEPHEN E. JESELINK, 0000 MICHAEL E. MATHES, 0000 DENNIS M. PARKER, 0000

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ERIK N. PARKER, 0000 LOWELL A. SEAL, 0000 KURT P. VANDERSTEEN, 0000 GREGORY M. PARRISH, 0000 DAVID M. SEARS, 0000 CHARLES H. VANHEUSEN, 0000 CHRISTOPHER R. PARSONS, 0000 KIRK E. SESSIN, 0000 DANIEL L. VANNUCCI, 0000 EDWIN E. PASCUA, 0000 JOSEPH C. SHANNON, 0000 BRIAN F. VAUGHN, 0000 MICHAEL S. PATTEN, 0000 DARRYL S. SHAW, 0000 JOHN M. VENHAUS, 0000 MARK C. PATTERSON, 0000 SIMUEL SHAW III, 0000 ARLESTER VERNON JR., 0000 COURTNEY W. PAUL, 0000 DANIEL R. SHEA, 0000 RICHARD S. VICK JR., 0000 WILLIAM R. PEACOCK, 0000 MICHAEL L. SHENK, 0000 JEFFREY J. VIEIRA, 0000 BARRETT K. PEAVIE, 0000 IVAN B. SHIDLOVSKY, 0000 PHILLIP D. VONHOLTZ, 0000 MICHAEL D. PEMRICK, 0000 DARRYL L. SHIRLEY, 0000 DAVID G. WADE, 0000 CLINTON R. PENDERGAST, 0000 WILSON A. SHOFFNER JR., 0000 ROBERT P. WADE, 0000 JOHN W. PERFETTI, 0000 CHRISTOPHER R. SHOTTS, 0000 MARTIN S. WAGNER, 0000 AXA S. PERWICH, 0000 THOMAS L. SHREVE, 0000 CHRISTOPHER E. WALACH, 0000 MICHAEL P. PETERMAN, 0000 ROGER L. SHUCK, 0000 DAVID L. * WALDEN, 0000 COBY M. PETERSEN, 0000 DEAN P. SHULTIS, 0000 CARLOS L. WALKER JR., 0000 JAY L. PETERSON, 0000 RONALD L. SHULTIS JR., 0000 MICHAEL R. WALKER, 0000 KENNETH M. PETERSON, 0000 VAL A. SIEGFRIED, 0000 CHERIE S. WALLACE, 0000 DONALD V. PHILLIPS, 0000 REGINALD L. SIKES JR., 0000 KENZIE WALLACE, 0000 JAMES W. PHILLIPS, 0000 JANET A. SIMMONS, 0000 JOHN C. WALLER, 0000 STEPHEN J. PINETTE, 0000 JOHN F. SINGLETON, 0000 DANIEL R. WALRATH, 0000 JOHN R. PLATT, 0000 GREGG A. SKIBICKI, 0000 TIMOTHY W. WALROD, 0000 MICHAEL J. PLUMMER, 0000 KARL E. SLAUGHENHAUPT, 0000 MICHAEL T. WALSH, 0000 JOHN L. POLLOCK, 0000 ANNETTE M. SMALLS, 0000 FREDERICK K. WALTER, 0000 ROBERT L. POPOWSKI, 0000 JEFFREY S. SMIDT, 0000 ROBERT B. WALTER, 0000 ANDREW P. POPPAS, 0000 AVANULAS R. SMILEY, 0000 TIMOTHY C. WALTER, 0000 MARK E. POWELL, 0000 IRVING SMITH III, 0000 MARK L. WALTERS, 0000 SCOTT W. * POWER, 0000 JOSEPH K. SMITH, 0000 WAYNE M. WALTERS, 0000 LISA K. PRICE, 0000 RANDY L. SMITH, 0000 KELLY J. WARD, 0000 BRIAN L. PRINCE, 0000 TROY A. SMITH, 0000 LLOYD R. WASHINGTON, 0000 MARK T. PUHALLA, 0000 ROSS W. SNARE III, 0000 TIMOTHY B. WASHINGTON, 0000 MICHAEL D. PYOTT, 0000 BRUCE K. SNEED, 0000 JOHN C. WATERS, 0000 DAVID E. QUICHOCHO, 0000 DAVID B. SNODGRASS, 0000 JOSEPH D. WAWRO, 0000 MARUE R. QUICK, 0000 MICHAEL W. SNOW, 0000 JERRY J. WAYNICK, 0000 TIMOTHY W. QUILLIN, 0000 DAVID A. SNYDER, 0000 BRENT N. WEAVER, 0000 MATTHEW S. QUINN, 0000 KELLY J. SNYDER, 0000 ROBERT E. QUINN, 0000 ROBERT A. SNYDER JR., 0000 JOHN M. WEBB, 0000 MARIA L. QUINTANILLA, 0000 DONALD G. SOHN, 0000 MICHAEL J. WEBB, 0000 WENDEL N. QUON, 0000 CHERYL Y. SOLOMON, 0000 AARON A. * WEBSTER, 0000 TODD R. RATLIFF, 0000 BRUCE V. SONES, 0000 ALLAN L. WEBSTER, 0000 RANDY W. READSHAW, 0000 PATRICK A. SOOS, 0000 RUSSELL A. WEIR, 0000 PERRY D. REARICK, 0000 ELMER R. SOYK, 0000 THOMAS M. WEISZ, 0000 BRANSON P. RECTOR, 0000 WILLIAM M. STACEY, 0000 LEONARD E. WELLS, 0000 MICHAEL T. RECTOR, 0000 RONALD R. STALLINGS, 0000 ERIC M. WELSH, 0000 KIETH W. REED, 0000 DAVID W. * STANDRIDGE, 0000 LESLEY W. WELSH, 0000 LYDIA V. REEVES, 0000 MARK E. STANLEY, 0000 JAMES P. WETZEL, 0000 DAVID M. REGAN, 0000 TYRON D. STANLEY, 0000 TIMOTHY J. WHALEN, 0000 VERNIE L. REICHLING JR., 0000 ALBERT J. STAROSTANKO, 0000 RICHARD S. WHEELER, 0000 ALFRED E. RENZI JR., 0000 ANNELIESE M. STEELE, 0000 DAVID O. WHITAKER, 0000 ERNEST J. RESCHKE, 0000 TROY A. STEPHENSON, 0000 BENJAMIN M. WHITE, 0000 MARTIN B. REUTEBUCH, 0000 DALE B. STEWART, 0000 HERBERT B. WHITE JR., 0000 JOHN C. REYNOLDS, 0000 TOD A. STIMPSON, 0000 RICHARD E. WHITE, 0000 SCOTT T. RHODA, 0000 DANIEL E. STOLTZ, 0000 BARRY K. WILLIAMS, 0000 KENNETH E. RICE, 0000 ANGELA K. STOWMAN, 0000 BOBBIE L. WILLIAMS SR., 0000 MARK A. RICE, 0000 MARK A. STRONG, 0000 EDWARD A. WILLIAMS, 0000 KENT R. RIDEOUT, 0000 DAVID M. STROUD, 0000 PATRICK W. WILLIAMS, 0000 EDWARD F. RIEHLE, 0000 FRANK D. STUREK, 0000 RONALD J. WILLIAMS, 0000 ALFONSO RIERA, 0000 SHERAL D. STYLES, 0000 LAUREN B. WILSON, 0000 WILLIAM S. RIGGS, 0000 GREGORY O. SUDMAN, 0000 BRIAN E. WINSKI, 0000 FREDERICK A. RIKER, 0000 EUGENE R. SULLIVAN, 0000 JEFFREY J. WINTERS, 0000 JOHN M. RILEY, 0000 JOHN P. SULLIVAN, 0000 MARK E. WISECARVER, 0000 ANTHONY P. RISI, 0000 KENNETH M. SULLIVAN, 0000 DONALD M. * WIX JR., 0000 RONALD J. RISPOLI JR., 0000 LESLIE J. SULLIVAN, 0000 TODD R. WOLF, 0000 NATHANIEL RIVERS, 0000 MARK S. * SULLIVAN, 0000 ROGER M. WOOD, 0000 WILLIAM J. RIVETT, 0000 ROBERT V. SUSKIE JR., 0000 JOEL A. WOODWARD, 0000 DOUGLAS C. ROBBINS, 0000 JAYME M. SUTTON, 0000 DAVID J. WRAY, 0000 TODD C. ROBBINS, 0000 KENNETH D. SWANSON, 0000 STEPHEN C. WREN, 0000 DIANNA ROBERSON, 0000 JOHN M. SWARTZ, 0000 TIMOTHY R. WULFF, 0000 ALICE R. ROBERTS, 0000 KINA B. SWAYNEY, 0000 SHAUN T. WURZBACH, 0000 MECCA M. ROBINSON, 0000 ERIC D. SWEENEY, 0000 FRANCIS E. WYNNE, 0000 MONTROSE L. ROBINSON, 0000 SEAN P. SWINDELL, 0000 JOSEPH YAKAWICH, 0000 JONATHAN D. RODDEN, 0000 JASON T. TANAKA, 0000 THOMAS J. YANOSCHIK, 0000 MARK L. RODWELL, 0000 DANA S. * TANKINS, 0000 CATHERINE A. YARBERRY, 0000 STEVEN J. ROEMHILDT, 0000 PATRICK J. TAPEN, 0000 BETTY J. YARBROUGH, 0000 BRIAN L. ROGERS, 0000 RICK A. TARASIEWICZ, 0000 GARETH S. YOUNG, 0000 EMMITT W. ROGERS, 0000 MICHAEL J. TARSA, 0000 GEORGE R. YOUNG II, 0000 GWENDOLYN S. ROLAND, 0000 FRANK W. TATE, 0000 LAWRENCE T. ZABEN JR., 0000 CHRISTOPHER J. ROLLINS, 0000 KEVIN W. TATE, 0000 FRANK ZACHAR, 0000 KENNETH A. ROMAINE JR., 0000 BRADLEY S. TAYLOR, 0000 STEPHEN M. ZACHAR, 0000 STEVEN M. ROSCOE, 0000 IVERY J. TAYLOR, 0000 JAMES G. * ZELLMER, 0000 MICHAEL W. ROSE, 0000 JOEL C. TAYLOR, 0000 GUY M. ZERO, 0000 DAWN M. ROSS, 0000 MARK C. TAYLOR, 0000 JOHN R. ZSIDO, 0000 STONEY L. ROSS, 0000 TROY E. TECHAU, 0000 MARIA T. ZUMWALT, 0000 THOMAS J. ROTH, 0000 ROY D. TEMPLIN, 0000 X0000 MICHAEL J. ROUNDS, 0000 JAMES M. TENNANT, 0000 X0000 PAUL D. ROUNSAVILLE, 0000 WILLIAM O. THEWES, 0000 X0000 REBECCA A. ROUSE, 0000 GREGORY M. THOMAS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH M. ROYALTY, 0000 SIDNEY R. THOMAS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY KENNETH T. ROYAR, 0000 WAYNE L. THOMAS, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN SCOTT E. RUBITSKY, 0000 DWAYNE D. THOMPSON, 0000 ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND JAY N. RUDD JR., 0000 BERNADINE I. THOMSON, 0000 531: DONNA E. RUTTEN, 0000 RICKY L. TILLOTSON, 0000 JAMES E. SAENZ, 0000 PATRICK E. TILQUE, 0000 To be lieutenant colonel RICKEY L. SALLEE, 0000 DANNY F. TILZEY, 0000 CHRISTOPHER W. SALLESE, 0000 EVELYN TIRADO, 0000 RICHARD K. ADDO, 0000 GREGORY J. SALOMON, 0000 TIMOTHY J. TODARO, 0000 JEFFREY P. ANGERS, 0000 JOSEPH V. SAMEK, 0000 JOHN A. TOKAR, 0000 FRANCISCO ARCE, 0000 SCOTT E. SANBORN, 0000 DANIEL N. TORRES, 0000 RICHARD A. AST, 0000 MICHAEL A. SANCHEZ, 0000 RAFAEL TORRES JR., 0000 BRYAN F. AVERILL, 0000 MICHAEL C. SANTOS, 0000 PAUL D. TOUCHETTE, 0000 CHRISTOPHER M. BADO, 0000 DINO J. * SARRACINO, 0000 STEPHEN A. TOUMAJAN, 0000 PETER J. BADOIAN, 0000 TONY J. SARVER, 0000 ROBERT N. * TOWNSEND, 0000 ARTHUR H. BAIR III, 0000 JOSE F. SAUCEDO, 0000 RICHARD M. TOY, 0000 STEVEN D. BEHEL, 0000 JEFFREY T. SAUER, 0000 PETER T. TREBOTTE JR., 0000 TIMOTHY E. BIRKENBUEL, 0000 JOHN C. SAUER, 0000 MANUEL C. TREVINO, 0000 KURT A. BODIFORD, 0000 MICHAEL R. SAYERS, 0000 THOMAS J. TROSSEN, 0000 ROBERT W. BORDERS, 0000 KATHERINE A. SCANLON, 0000 CARL R. TROUT, 0000 ALLEN T. BOYD, 0000 ROBERT L. SCHAEFER, 0000 SCOTT M. TROUTMAN, 0000 MICHAEL R. BRIDGES, 0000 RONALD A. SCHIER, 0000 PHILLIP M. TRUED JR., 0000 DARRELL L. BRIMBERRY, 0000 JEFFERY R. SCHILLING, 0000 BRYAN P. TRUESDELL, 0000 SAN L. BROWN, 0000 GERHARD P. SCHROTER, 0000 HOWARD L. TRUJILLO, 0000 SHAWN P. BUCK, 0000 RICHARD H. SCHULZ, 0000 CARL L. TUCKER, 0000 GREGORY J. BURKE, 0000 MARK C. SCHWARTZ, 0000 STEVEN L. TUCKER, 0000 ROBERT E. BURKS JR., 0000 STEVEN A. SCIONEAUX, 0000 DARRYL J. TUMBLESON, 0000 LESTER J. CAMPBELL, 0000 BRADLEY B. SCOFIELD, 0000 LEROY L. TUNNAGE, 0000 DOUGLAS A. CARR, 0000 CASEY P. SCOTT, 0000 ERIC C. TURNER, 0000 SHANNON S. CLABURN, 0000 KELVIN K. SCOTT, 0000 ROSENDO VALENTIN, 0000 JOHN R. CRINO, 0000 SEAN M. SCOTT, 0000 MATTHEW J. VANDERFELTZ, 0000 ALVIN F. CROWDER III, 0000

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DAVID M. CROY, 0000 VERONICA S. ZSIDO, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN CLAYTON M. DAUGHTRY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND KENT D. DAVIS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY 531: KENNETH L. DEAL JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: MARK D. DRABECKI, 0000 To be lieutenant colonel DANIEL E. EVANS, 0000 To be lieutenant colonel SCOTT E. ALEXANDER, 0000 BARRY C. EZELL, 0000 MATTHEW H. AMBROSE, 0000 KIMBERLY FIELD, 0000 BRYAN K. ADAMS, 0000 THOMAS J. ANDERSON, 0000 NEIL E. FITZPATRICK, 0000 GEORGE A. ANDARY, 0000 STEVEN W. AYERS, 0000 KEITH E. FLOWERS, 0000 WILLIAM G. APIGIAN, 0000 MICHAEL J. BAGLEY, 0000 ROBERT B. FOUTZ, 0000 KEVIN V. ARATA, 0000 RUSSELL N. BAILEY, 0000 DAVID N. FRALEN, 0000 GARY R. ARNOLD, 0000 TERRANCE J. BAKER, 0000 JOHN A. GEORGE, 0000 MARK BAKUM, 0000 DOUGLAS T. BANKS III, 0000 TODD M. GESLING, 0000 MARK J. BALLESTEROS, 0000 DAVID G. BASSETT, 0000 JAMES A. GLACKIN, 0000 WAYNE S. BAREFOOT JR., 0000 BRUCE J. GORSKI, 0000 ROBERT G. BARTHOLET, 0000 PAUL K. BAUMANN, 0000 THOMAS J. GOSS, 0000 WILLIAM R. BECKMAN, 0000 ANDREW M. BERRIER, 0000 STACY A. GRAMS, 0000 BRIAN P. BEDELL, 0000 JAMES A. BLANCO, 0000 SONIA I. GRIFFIN, 0000 MICHAEL J. BESSASPARIS, 0000 JEFFREY T. BOCHONOK, 0000 DAVID K. GRIMM, 0000 WILLIAM F. BIGELOW, 0000 RALPH BOECKMANN, 0000 JOHNNY HALL JR., 0000 VINCENT C. BONS, 0000 WILLIAM M. BORUFF, 0000 ERIC P. HARRIS, 0000 CALVERT L. BOWEN III, 0000 SCOTT P. BOSSE, 0000 TIM C. HARRIS, 0000 BARTON B. BROWN, 0000 BRIAN E. BOSWORTH, 0000 BENJAMIN E. HENDERSON, 0000 JOHN R. BRUDER, 0000 SAUL BRACERO, 0000 WILLIAM R. HENSLEY JR., 0000 SHAWN A. BUDKE, 0000 DAVID M. BROCK, 0000 ROBERT E. HENSTRAND, 0000 JOHN R. BURGER, 0000 ANDREW I. BROWN, 0000 BRENDA L. HICKEY, 0000 DUANE T. CARNEY, 0000 MICHAEL E. BROWN, 0000 MARK H. HLADKY, 0000 HUGH C. CATE III, 0000 STEPHEN M. BRUCE, 0000 RICHARD J. HOLDREN, 0000 BRUCE D. CAULKINS, 0000 PATRICK W. BURDEN, 0000 FRANCIS L. HOLINATY, 0000 ALGIS J. CESONIS, 0000 KATHLEEN A. CANNON, 0000 RICHARD D. HORSLEY, 0000 CARMINE CICALESE, 0000 ROBERT K. CARNAHAN, 0000 EVAN A. HUELFER, 0000 PATRICK E. CONNORS II, 0000 JOHN A. CHICOLI, 0000 FERNANDO M. HUERTA, 0000 CHRISTOPHER D. CONWAY, 0000 HONG K. CHUNG, 0000 ROBERT S. HUGHES, 0000 JAMES D. COOK, 0000 TIMOTHY D. CHYMA, 0000 GILBERT G. HURON, 0000 PAUL J. COOPER, 0000 PHILIP B. CLEMMONS, 0000 EDMOND L. * IRIZARRY, 0000 JOHN R. CORNELIO, 0000 GREGORY J. COOK, 0000 CURTIS D. JACKSON, 0000 BENTON A. DANNER, 0000 THOMAS S. COOK, 0000 KORYA J. JAMES, 0000 RICHARD J. DOW, 0000 KENNETH D. COPELAND, 0000 KARL A. JEHLE, 0000 JOSEPH P. DRAGO, 0000 BRIAN P. CUMMINGS, 0000 JOHN H. JESSUP, 0000 JAMES A. EGAN, 0000 CLIFF A. DAUS, 0000 DAWN M. EISERT, 0000 MICHAEL R. JOHNS, 0000 CHRISTOPHER P. DAVIS, 0000 MICHAEL S. EIXENBERGER, 0000 MICHAEL W. JOHNSON, 0000 ROBERT B. DAVIS, 0000 MANUEL V. ESPINOSA, 0000 DARVIN H. JONES, 0000 PAUL B. DEGIRONIMO, 0000 DAVID C. FARLOW, 0000 JOHN K. JONES, 0000 ANDREW J. DIMARCO, 0000 MICHAEL J. FERRONE, 0000 ROBERT S. JONES, 0000 JIMMY E. DOWNS, 0000 PAUL M. FITZPATRICK, 0000 JOHN M. KEETER, 0000 CHARLOTTE D. * DRIVER, 0000 ROBERT F. FOLEY, 0000 THOMAS A. KELLEY, 0000 STEVEN M. ELLIOTT, 0000 CARL E. FOSSA JR., 0000 ILEAN K. KELTZ, 0000 GARY D. ESPINAS, 0000 CURTIS R. FOX, 0000 PATRICK J. KIRK, 0000 KENNETH C. EVENSEN, 0000 JOHN A. FURLOW, 0000 STEVEN D. KNIGHT, 0000 HOLVIN GALINDO, 0000 ROBERT J. FAGAN, 0000 HAROLD M. KNUDSEN, 0000 MICHAEL GERICKE, 0000 WILLIAM E. FIELD, 0000 DAVID P. KOMAR, 0000 ROBERT B. GILPIN, 0000 CARLOS A. FIGUEROA, 0000 JOHN F. KOPE, 0000 LEE P. GIZZI, 0000 MICHAEL J. FINNEGAN, 0000 DEAN A. KRATZENBERG, 0000 SIMON R. GOERGER, 0000 THOMAS P. FLANDERS, 0000 CLEMENT J. LANIEWSKI, 0000 JOHN M. GRAHAM JR., 0000 ROBERT E. FLETCHER, 0000 BOBBI J. LEYES, 0000 DAVID W. GROB, 0000 STEPHANIE L. FOSTER, 0000 MARK W. LUKENS, 0000 ERIK O. GUNHUS, 0000 CHRISTINE A. FOX, 0000 CHARLES H. LUNATI, 0000 LAWRENCE T. HALL JR., 0000 ROBERT E. FRIEDENBERG, 0000 THEODORE L. MAGUDER III, 0000 CARY C. HARBAUGH, 0000 SHAWN D. FRITZ, 0000 KEVIN B. MARCUS, 0000 VICTOR A. HARRIS, 0000 KURT A. FRULLA, 0000 MATTHEW W. MARKEL, 0000 FREDRICK D. HOSKINS, 0000 WILLIAM S. FULLER, 0000 EDWARD J. MARTIN, 0000 JOSEPH F. HUIBSCH, 0000 ROBERT J. GADDIS, 0000 JOHN A. MAUK, 0000 ROBERT L. HULSLANDER, 0000 JOSEPH G. GARCIA, 0000 DOUGLAS F. MCCOLLUM, 0000 JAMES E. HUTTON, 0000 RONALD J. GARNER, 0000 ANDREW J. MCCONACHIE, 0000 BOBBY F. JARVIS JR., 0000 ROBERT B. GEDDIS, 0000 QUINTON W. MCCORVEY, 0000 DAVID G. JOHNSON, 0000 JAMES A. GENTILE, 0000 MICHAEL V. MCCREA, 0000 JEFFREY W. KILGO, 0000 VELMA W. GORDON, 0000 THOMAS B. MCGEACHY, 0000 TAMMY L. KNOTT, 0000 ALFRED J. GREIN, 0000 MARK A. MCNAIR, 0000 GARY M. KOLB, 0000 GENE E. GRIFFIN JR., 0000 ARIE J. MCSHERRY, 0000 KENNETH M. KRUMM, 0000 ROBERT E. GRIGSBY, 0000 TIMOTHY D. MEREDITH, 0000 EDWARD C. LARSEN, 0000 ALBERT L. GRUBBS, 0000 THOMAS F. MOORE, 0000 LARRY R. LENKEIT, 0000 GEORGE A. GUTHRIDGE III, 0000 RICHARD J. NIEBERDING JR., 0000 THOMAS A. LETO, 0000 DONG C. HA, 0000 CHAD W. OCHS, 0000 ROBERT C. LOGSDON, 0000 MARK O. HAGUE, 0000 CARL J. OHLSON, 0000 ANDRES A. LOPEZ, 0000 RUTH A. HAIDER, 0000 STANLEY J. OLENGINSKI, 0000 LOIS J. LOVE, 0000 JAMES G. HALLINAN, 0000 GREGORY A. OLSON, 0000 MARK J. LUNDTVEDT, 0000 LINWOOD Q. HAM JR., 0000 CATHERINE E. PACE, 0000 RAYMOND J. MAIER, 0000 VICTOR R. HARPER, 0000 RUSSEL A. PATISHNOCK, 0000 STEVEN M. MARROCCO, 0000 DONALD M. HEILIG JR., 0000 GREGORY S. PERROTTA, 0000 ERASMO A. MARTINEZ, 0000 JEFFREY L. HENDREN, 0000 JOAN M. PERRY, 0000 DOUGLAS V. MASTRIANO, 0000 CHRISTOPHER V. HERNDON, 0000 JAMES C. PHELPS III, 0000 MATTHEW D. MATTER, 0000 ALAN W. HESTER, 0000 JAMES C. PIETSCH, 0000 MCGEE A. MCCARTHY, 0000 MARK A. HICKS, 0000 BRADLEY W. PIPPIN, 0000 JOHN J. MCDANIEL, 0000 PAUL M. HILL, 0000 THOMAS P. POPLAWSKI, 0000 MICHAEL F. MCDONOUGH, 0000 JUSTIN A. HIRNIAK, 0000 JOHN A. POTTS, 0000 KENNETH W. MCDORMAN, 0000 KEITH A. HIRSCHMAN, 0000 GARY D. QUINTERO, 0000 MICHAEL K. MCFARLAND, 0000 SAMUEL C. HOMSY, 0000 SCOTT A. RAINEY, 0000 MICHAEL D. MCNETT, 0000 THOMAS G. HOOD, 0000 RODNEY L. ROEDERER, 0000 JAMES R. MEISINGER, 0000 MICHAEL W. HUBNER, 0000 KARL O. SCHWARTZ, 0000 CHRISTOPHER W. PAYNE, 0000 RODERIC C. JACKSON, 0000 ALAN SEISE, 0000 KEITH M. PERKINS, 0000 MICHAEL J. JANSER, 0000 ROBERT G. SHIRLEY, 0000 JAMES D. REDWINE, 0000 ROBERT R. JARRETT II, 0000 VAN R. SIKORSKY, 0000 SCOTT P. ROSEN, 0000 WALTER P. JENSEN III, 0000 EUGENE SIMON, 0000 DONALD M. ROSS, 0000 RAMON JIMENEZ, 0000 MICHAEL E. SIMONELLI, 0000 ANTHONY J. SCHMITZ, 0000 ROBERT J. JOHNSTON, 0000 ERIC L. SINGER, 0000 TIMOTHY R. SCHMOYER, 0000 DEISY JONES, 0000 DAVID R. SMITH, 0000 KEVIN W. SIMPSON, 0000 JEANNETTE J. JONES, 0000 BRYNDOL A. SONES, 0000 BRIAN S. SNEDDON, 0000 HARRY F. KANE, 0000 WILLIAM T. SORRELLS, 0000 EDWARD J. SOBIESK, 0000 RYAN B. KIVETT, 0000 JEFFREY L. SPONSLER, 0000 STEPHEN C. SOBOTTA, 0000 MICHAEL E. KNUTSON, 0000 HEYWARD STACKHOUSE, 0000 MATTHIAS A. SPRUILL IV, 0000 JEFFREY D. KULMAYER, 0000 JEFFREY J. STORCH, 0000 WAYMON E. STALLCUP, 0000 GARY L. LAASE, 0000 JAMES A. SWORDS, 0000 RICHARD G. STEELE, 0000 JAMES D. LAMPTON, 0000 BRANDON T. THOMAS, 0000 MATTHEW A. STERN, 0000 EDWARD J. LANE, 0000 STEVEN G. THOMAS, 0000 DONALD F. STEWART, 0000 PATRICIA M. LARRABEE, 0000 TIMOTHY R. THOMAS, 0000 WAYNE P. STILWELL, 0000 JOHN LEMONDES JR., 0000 MICHAEL E. TURNER, 0000 STEVEN W. STONE, 0000 JAMES R. LOY II, 0000 JOHN T. VOGEL, 0000 JEROME P. TERRY, 0000 ANDREW J. MACDONALD, 0000 CHRISTINE J. VOISINETBENDER, 0000 ANNETTE L. TORRISI, 0000 PATRICK E. MATHES, 0000 WILLIAM J. WANOVICH, 0000 RANDAL R. VICKERS, 0000 PAUL A. MCDERMOTT, 0000 LAWRENCE J. WARK, 0000 WILLIAM T. WADSWORTH JR., 0000 ROBERT M. MCKINLEY JR., 0000 JACQUELINE K. WESTOVER, 0000 JOHN F. WEGENHOFT IV, 0000 WADE L. * MCVEY, 0000 JAMES P. WHITE, 0000 JOHN C. WILLIAMS, 0000 FREDERICK L. MILLER, 0000 WESLEY B. WHITE, 0000 JONATHAN B. WITHINGTON, 0000 JAMES C. MITCHELL, 0000 JOEL C. WILLIAMS, 0000 JOSEPH M. YOSWA, 0000 PAUL MOORE JR., 0000 CHRISTOPHER S. WILSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD C. MUSCHEK, 0000 ROBERT K. WINEINGER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY YEWSTON N. MYERS III, 0000

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MICHAEL E. NERSTHEIMER, 0000 DENNIS THIES, 0000 MARKO J. NIKITUK, 0000 ROBERT TIMM, 0000 CONFIRMATIONS TODD E. OJA, 0000 VALEN S. TISDALE, 0000 MARK OLEKSIAK, 0000 JAMES P. TOOMEY, 0000 Executive nominations confirmed by KEITH R. OLSON, 0000 JAMES L. TURNER, 0000 LOUIS ORTIZ JR., 0000 MICHAEL C. VANDEVELDE, 0000 the Senate August 1, 2003: YEONGSIK PAK, 0000 ANTONIO J. VAZQUEZ, 0000 DAVID R. PERSHING, 0000 DAVID R. VIENS, 0000 EXECUTIVE OFFICE OF THE PRESIDENT CHARLES A. PFAFF, 0000 ALBERT J. VISCONTI, 0000 JOSETTE SHEERAN SHINER, OF VIRGINIA, TO BE A DEP- DANIAL D. PICK, 0000 JEFFREY R. VOIGT, 0000 MARK J. PINCOSKI, 0000 DESMOND D. WALTON, 0000 UTY UNITED STATES TRADE REPRESENTATIVE, WITH JOSEPH K. POPE, 0000 MARK V. WATKINS, 0000 THE RANK OF AMBASSADOR. SAMUEL H. PRUGH, 0000 ROBERT M. WELLBORN, 0000 SCOTT A. PULFORD, 0000 CHARLES A. WELLS, 0000 DEPARTMENT OF COMMERCE FREDERICK A. PUTHOFF, 0000 DAVID R. WHIDDON, 0000 JAMES J. JOCHUM, OF VIRGINIA, TO BE AN ASSISTANT BRIAN W. RAFTERY, 0000 DANNY A. WILEY, 0000 SECRETARY OF COMMERCE. JAMES A. RANKIN, 0000 JULIAN R. WILLIAMS, 0000 STEPHEN S. REED, 0000 JAMES O. WINBUSH JR., 0000 MICHAEL C. REGAN, 0000 JOHN S. WOMACK, 0000 DEPARTMENT OF THE TREASURY WILLIAM H. WOODS, 0000 MICHAEL J. REPETSKI, 0000 ROBERT STANLEY NICHOLS, OF WASHINGTON, TO BE CRAIG L. RETTIE, 0000 IN THE NAVY AN ASSISTANT SECRETARY OF THE TREASURY. DONALD D. RILEY, 0000 THE ABOVE NOMINATIONS WERE APPROVED SUBJECT ROBERT K. RIZZO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- DANIEL S. ROBERTSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY DAVID J. ROHALL, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CONSTITUTED COMMITTEE OF THE SENATE. CHRISTIAN E. RUSH, 0000 JOSEPH A. SANCHEZ, 0000 To be lieutenant commander DEPARTMENT OF STATE JEFFREY D. SAUNDERS, 0000 EMMA J. M. BROWN, 0000 CRAIG P. SCHAEFER, 0000 JAMES S. BROWN, 0000 JEFFREY A. MARCUS, OF TEXAS, TO BE AMBASSADOR KLAUS D. SCHMIDT, 0000 JODY H. GRADY, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE JEFFREY D. SCHUTTER, 0000 WAYNE J. KULICK, 0000 UNITED STATES OF AMERICA TO BELGIUM. RALPH A. SKEBA, 0000 ROGER J. LUCAS, 0000 WILLIAM C. SLADE, 0000 MARK A. PREISSLER, 0000 DEPARTMENT OF THE TREASURY JOHN M. SMITH III, 0000 SHAWN A. ROBERTS, 0000 DANIEL R. SMYTHE, 0000 SHEILA A. SMITH, 0000 TERESA M. RESSEL, OF VIRGINIA, TO BE AN ASSISTANT NORMAN E. SOLOMON, 0000 MARCIA L. ZIEMBA, 0000 SECRETARY OF THE TREASURY. ARTHUR E. SPENARD, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LEONARD T. STEINER JR., 0000 DEPARTMENT OF JUSTICE LEWIS E. STEWART, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY KEVIN P. STODDARD, 0000 UNDER TITLE 10, U.S.C., SECTION 624: RENE ACOSTA, OF VIRGINIA, TO BE AN ASSISTANT AT- KENNETH F. SWEAT, 0000 To be lieutenant commander TORNEY GENERAL. BURKE A. TARBLE, 0000 PAUL MICHAEL WARNER, OF UTAH, TO BE UNITED WADE S. TATE, 0000 BRENT T. CHANNELL, 0000 STATES ATTORNEY FOR THE DISTRICT OF UTAH FOR MICHAEL D. THEODOSS, 0000 MATTHEW W. EDWARDS, 0000 THE TERM OF FOUR YEARS.

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HIGHLIGHTS See re´sume´ of Congressional activity. Senate agreed to H. Con. Res. 259, Adjournment Resolution. Senate Appointment Authority—Agreement: A unani- Chamber Action mous-consent agreement was reached providing that Routine Proceedings, pages S10873–S10939 notwithstanding the recess or adjournment of the Measures Introduced: Seventeen bills and two reso- Senate, the President of the Senate, the President pro lutions were introduced, as follows: S. 1554–1570, tempore, and the Majority and Democratic Leaders and S. Res. 216–217. Page S10906 be authorized to make appointments to commissions, committees, boards, conferences, or interparliamen- Measures Passed: tary conferences authorized by law, by concurrent ac- Adjournment Resolution: Senate agreed to H. tion of the two Houses, or by order of the Senate. Con. Res. 259, providing for a conditional adjourn- Page S10931 ment of the House of Representatives and a condi- Signing Authority—Agreement: A unanimous- tional recess or adjournment of the Senate, after consent agreement was reached providing that dur- agreeing to the following amendment proposed ing this adjournment of the Senate, the Majority thereto: Page S10874 Leader or the Assistant Majority Leader, or Senator Frist Amendment No. 1540, to provide for an ad- Santorum, be authorized to sign duly enrolled bills journment of the House of Representatives on the or joint resolutions. Page S10932 legislative day of Tuesday, July 29, 2003. Intelligence Authorization Act—Conferees: Pur- Page S10874 suant to the unanimous-consent agreement of July Museum and Library Services Act: Committee 31, 2003, relative to H.R. 2417, to authorize appro- on Health, Education, Labor and Pensions was dis- priations for fiscal year 2004 for intelligence and in- charged from further consideration of H.R. 13, to re- telligence-related activities of the United States Gov- authorize the Museum and Library Services Act, and ernment, the Community Management Account, and the bill was then passed, after striking all after the the Central Intelligence Agency Retirement and Dis- enacting clause and inserting in lieu thereof the text ability System, the following conferees were ap- of S. 888, Senate companion measure, after agreeing pointed on the part of the Senate: from the Select to the following amendment proposed thereto: Committee on Intelligence: Senators Roberts, Hatch, Pages S10930–31 DeWine, Bond, Lott, Snowe, Hagel, Chambliss, Warner (for Gregg) Amendment No. 1541, in the Warner, Rockefeller, Levin, Feinstein, Wyden, Dur- nature of a substitute. Page S10931 bin, Bayh, Edwards, and Mikulski; from the Com- Subsequently, S. 888 was returned to the Senate mittee on Armed Services: Senators Allard and Nel- calendar. son (FL). Page S10932 Labor, Health and Human Services, Education Nominations Confirmed: Senate confirmed the fol- Appropriations—Agreement: A unanimous-con- lowing nominations: sent agreement was reached providing for consider- Teresa M. Ressel, of Virginia, to be an Assistant ation of H.R. 2660, making appropriations for the Secretary of the Treasury. (Prior to this action, Com- Departments of Labor, Health and Human Services, mittee on Finance was discharged from further con- and Education, and related agencies for the fiscal sideration.) year ending September 30, 2004, at 9:30 a.m., on James J. Jochum, of Virginia, to be an Assistant Tuesday, September 2, 2003. Page S10886 Secretary of Commerce. D930

VerDate jul 14 2003 04:40 Aug 03, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AU3.REC D01AU3 August 1, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D931 Robert Stanley Nichols, of Washington, to be an Adjournment: Senate met at 9:30 a.m., and ad- Assistant Secretary of the Treasury. journed under the provisions of H. Con. Res. 259, Josette Sheeran Shiner, of Virginia, to be a Dep- at 2:37 p.m., until 9:30 a.m., on Tuesday, Sep- uty United States Trade Representative, with the tember 2, 2003. (For Senate’s program, see the re- rank of Ambassador. marks of the Acting Majority Leader in today’s Jeffrey A. Marcus, of Texas, to be Ambassador to Record on page S10932.) Belgium. (Prior to this action, Committee on For- eign Relations was discharged from further consider- ation.) Committee Meetings Rene Acosta, of Virginia, to be an Assistant At- (Committees not listed did not meet) torney General. Paul Michael Warner, of Utah, to be United BUSINESS MEETING States Attorney for the District of Utah for the term Committee on Finance: on July 31, 2003, Committee of four years. (Reappointment) Pages S10931–32 ordered favorably reported the nominations of Robert Nominations Received: Senate received the fol- Stanley Nichols, of Washington, to be an Assistant lowing nominations: Secretary of the Treasury, James J. Jochum, of Vir- Richard Eugene Hoagland, of the District of Co- ginia, to be an Assistant Secretary of Commerce, and lumbia, to be Ambassador to the Republic of Josette Sheeran Shiner, of Virginia, to be a Deputy Tajikistan. United States Trade Representative, with the rank of Sandra L. Townes, of New York, to be United Ambassador. States District Judge for the Eastern District of New York. AFFORDABLE PHARMACEUTICALS ACT 2 Army nominations in the rank of general. Committee on the Judiciary: Committee concluded A routine list in the Army and Navy. hearings to examine the Senate and House versions Pages S10935–39 of the Greater Access to Pharmaceuticals Act, focus- Measures Read First Time: Pages S10904–05 ing on the Hatch-Waxman provisions that govern the generic drug approval process, after receiving tes- Executive Communications: Page S10905 timony from Timothy J. Muris, Chairman, Federal Nominations Discharged: Pages S10905–06 Trade Commission; Sheldon T. Bradshaw, Deputy Additional Cosponsors: Pages S10906–08 Assistant Attorney General, Office of Legal Counsel, Department of Justice; Jon W. Dudas, Deputy Statements on Introduced Bills/Resolutions: Under Secretary of Commerce for Intellectual Prop- Pages S10908–26 erty, and Deputy Director of the U.S. Patent and Additional Statements: Pages S10898–S10904 Trademark Office, Department of Commerce; Daniel Amendments Submitted: Pages S10926–30 E. Troy, Chief Counsel, Food and Drug Administra- tion, Department of Health and Human Services; Notices of Hearings/Meetings: Page S10930 and Robert A. Armitage, Eli Lilly and Company, Authority for Committees to Meet: Page S10930 Washington, D.C.

VerDate jul 14 2003 04:40 Aug 03, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AU3.REC D01AU3 D932 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 2003 House of Representatives tion of Family Members of Missing and Kidnapped Chamber Action Individuals, and Cedomir Maric, Association of Fam- The House was not in session today. Pursuant to ilies of Missing Persons from Krajina, all of Bel- the provisions of H. Con. Res. 259, providing for a grade, Serbia; and Gordana Jaksic, Association of conditional adjournment of the House of Representa- Parents and Families of the Arrested, Captured and tives and a conditional recess or adjournment of the Missing, Novi Sad, Serbia. Senate, it stands adjourned until 2 p.m. on Wednes- day, September 3, 2003. f Committee Meetings NEW PUBLIC LAWS (For last listing of Public Laws, see DAILY DIGEST, p. D927) No committee meetings were held. H.R. 74, to direct the Secretary of Agriculture to convey certain land in the Lake Tahoe Basin Man- Joint Meetings agement Unit, Nevada, to the Secretary of the Inte- MISSING PERSONS IN SOUTHEAST ASIA rior, in trust for the Washoe Indian Tribe of Nevada Commission on Security and Cooperation in Europe (Hel- and California. Signed on August 1, 2003. (Public sinki Commission): Commission concluded hearings on Law 108–67). certain issues relative to missing persons in Southeast S. 1280, to amend the PROTECT Act to clarify Europe after receiving testimony from Olgica certain volunteer liability. Signed on August 1, Bozanic and Vervica Tomanovic, both of the Associa- 2003. (Public Law 108–68).

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 7 through July 31, 2003 January 7 through July 31, 2003

Senate House Total Civilian Nominations, totaling 426, disposed of as follows: Days in session ...... 110 87 . . Confirmed ...... 253 Time in session ...... 921 hrs., 29′ 677 hrs., 6′ .. Unconfirmed ...... 166 Congressional Record: Withdrawn ...... 7 Pages of proceedings ...... 10,871 7,790 . . Extensions of Remarks ...... 1,667 . . Public bills enacted into law ...... 19 47 66 Other Civilian Nominations, totaling 1,692, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 1,689 Bills in conference ...... 8 9 . . Unconfirmed ...... 3 Measures passed, total ...... 351 397 748 Senate bills ...... 104 22 . . House bills ...... 63 159 . . Air Force Nominations, totaling 5,471, disposed of as follows: Senate joint resolutions ...... 2 1 . . Confirmed ...... 5,321 House joint resolutions ...... 6 9 . . Unconfirmed ...... 150 Senate concurrent resolutions ...... 26 4 . . House concurrent resolutions ...... 22 49 . . Simple resolutions ...... 128 153 . . Army Nominations, totaling 2,202, disposed of as follows: Measures reported, total ...... 210 231 441 Confirmed ...... 2,025 Senate bills ...... 136 2 . . Unconfirmed ...... 177 House bills ...... 24 137 . . Senate joint resolutions ...... 2 1 . . House joint resolutions ...... 2 . . Navy Nominations, totaling 2,382, disposed of as follows: Senate concurrent resolutions ...... 7 . . . . Confirmed ...... 1,955 House concurrent resolutions ...... 1 7 . . Unconfirmed ...... 427 Simple resolutions ...... 40 82 . . Special reports ...... 10 5 . . Conference reports ...... 2 7 . . Marine Corps nominations, totaling 2,408, disposed of as follows: Measures pending on calendar ...... 84 59 . . Confirmed ...... 2,394 Measures introduced, total ...... 1,846 3,673 5,519 Unconfirmed ...... 14 Bills ...... 1,552 2,989 . . Joint resolutions ...... 17 66 . . Concurrent resolutions ...... 62 269 . . Summary Simple resolutions ...... 215 349 . . Quorum calls ...... 3 2 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 321 262 . . Total nominations received this Session ...... 14,581 Recorded votes ...... 195 . . Total confirmed ...... 13,637 Bills vetoed ...... Total unconfirmed ...... 937 Vetoes overridden ...... Total withdrawn ...... 7 Total returned to the White House ...... 0 * These figures include all measures reported, even if there was no accom- panying report. A total of 123 reports have been filed in the Senate, a total of 243 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, September 2 2 p.m., Wednesday, September 3

Senate Chamber House Chamber Program for Tuesday: Senate will begin consideration of Program for Wednesday: To be announced. H.R. 2660, making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2004.

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