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

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

Vol. 149 WASHINGTON, TUESDAY, SEPTEMBER 16, 2003 No. 127 House of Representatives The House met at 12:30 p.m. and was ties, with each party limited to not to and have to give 51 percent to the gov- called to order by the Speaker pro tem- exceed 30 minutes, and each Member, ernment to take care of the seniors in pore (Mr. BOOZMAN). except the majority leader, the minor- that country. That is because a pay-as- f ity leader, or the minority whip, lim- you-go program with such a large sen- ited to not to exceed 5 minutes. ior population and a reducing birth DESIGNATION OF SPEAKER PRO The Chair recognizes the gentleman rate means fewer number of workers to TEMPORE from Michigan (Mr. SMITH) for 5 min- pay in, which means each individual The SPEAKER pro tempore laid be- utes. workers has to pay out more in taxes. Let us not let the United States fore the House the following commu- f nication from the Speaker: come to that predicament because it FUTURE OF SOCIAL SECURITY will mean one of two things: a com- WASHINGTON, DC, pany either charges, more for this September 16, 2003. Mr. SMITH of Michigan. Mr. Speak- I hereby appoint the Honorable JOHN er, in 5 minutes I am going to give a products to pay for the extra cost of BOOZMAN to act as Speaker pro tempore on short tutorial on the bleak future of that tax or you pay workers less. Ei- this day. Social Security. A proposal that I just ther way, it is bad for the future of our J. DENNIS HASTERT, introduced, H.R. 3055 tries to make economy and our ability to compete Speaker of the House of Representatives. sure that we keep Social Security sol- with other countries. f vent. Social Security is one of the most Mr. Speaker, let me describe H.R. successful programs in assuring that 3055: The trust fund continues in our MESSAGE FROM THE SENATE retirees continue to have some real so- bill. The Retirement Security Act A message from the Senate by Mr. cial security. would allow workers to create on a vol- Monahan, one of its clerks, announced After the Great Depression, Franklin untary basis accounts funded from that the Senate has passed a joint reso- Delano Roosevelt said what we should their payroll taxes. The accounts would start at 2.5 percent of income lution of the following title in which have is a program of forced savings and would reach 8 percent by 2075, a the concurrence of the House of re- during one’s working years, to set slow process as you shift away from quested: aside to make sure that people have the pay-as-you-go. Workers would own S.J. Res. 17. Joint resolution disapproving some money in retirement. the rule submitted by the Federal Commu- the money in their accounts. Invest- Well, as it turned out, the law that ments would be limited and widely di- nications Commission with respect to broad- was passed provided that nothing was cast media ownership. versified, and investment proceeds set aside in an individual’s name. Ex- would be subject to government over- The message also announced that isting workers paid in the Social Secu- sight. pursuant to Public Law 106–170, the rity tax and that was immediately sent The government would supplement Chair, on behalf of the Democratic out to current retirees. It was sort of a the accounts of low-income workers Leader, after consultation with the pay-as-you-go program. making less than $35,000 a year to en- Ranking Member of the Senate Com- It is, if you will, Mr. Speaker, like a sure they build up a significant sav- mittee on Finance, announces the ap- chain letter. Uncle Sam says, look, ings. What is important in those early pointment of Andrew J. Imperato, of here is a list of names; put your name years is the magic of compound inter- Maryland, to serve as a member of the at the bottom of the list and send a est, starting with a small amount of Ticket to Work and Work Incentives check to all those people above you. dollars and letting it grow. Again, it is Advisory Panel, vice Christine M. Grif- And when your name gets to the top an optional program. fin, of Massachusetts. when you retire, all of the people below People choosing to participate in the f you at that time will send you a check. voluntary account program would con- The problem is there will be fewer tinue to receive benefits directly from MORNING HOUR DEBATES people to send you a check. There are the government, and those benefits The SPEAKER pro tempore. Pursu- two colliding forces, not only in the would be offset based on the amount of ant to the order of the House of Janu- United States but across the world money going in. But they would be ary 7, 2003, the Chair will now recog- where the age of death is higher. We guaranteed so that the person that opts nize Members from lists submitted by are living longer. And at the same in to a personal retirement savings ac- the majority and minority leaders for time, the birth rate is going down. count would be guaranteed that they morning hour debates. The Chair will In Europe, France now has a payroll would be at least as well off as those alternate recognition between the par- tax of 51 percent. You make a dollar that did not take that option.

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

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VerDate jul 14 2003 01:50 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A16SE7.000 H16PT1 H8224 CONGRESSIONAL RECORD — HOUSE September 16, 2003 Worker accounts: all worker ac- place. Instead, the agencies have kept than a misleading photo-op, we should counts would be owned by the worker these aging dinosaurs in use because, work for the meaningful environmental and invested through pools supervised simply, they make more money. progress that America deserves. by the government. Regulations would Rather than enforcing the Clean Air f be instituted to prevent people from Act as previous administrations have VICTORY’S PRICE taking undue risk. Until an account done to encourage the industry, Presi- balance reaches $2,500, a worker would dent Bush now proposes that these old The SPEAKER pro tempore. Pursu- be limited on the kind of index invest- plants continue to be grandfathered ant to the order of the House of Janu- ments they could make; and after the permanently. Changes to the New ary 7, 2003, the gentleman from Texas balance reaches $2,500, they would have Source Rules announced last month (Mr. DELAY) is recognized during morn- more flexibility but only investing in will allow plants to make a 20 percent ing hour debates. safe accounts as determined by the investment each year without trig- Mr. DELAY. Mr. Speaker, a genera- Secretary of the Treasury. gering the New Source Rule. There is tion from now Iraq will either be a The fairness to women’s provision no reason for them to ever come into thriving democratic ally of the United that we put in this bill: for married full compliance. States, or an enemy of unimaginable couples, account contributions would Because of the prevailing winds, the hatred, ruled by a violent government be pooled and then divided equally be- pollution is not just in the vicinity of of, for, and by international terrorists. tween the husband and wife. So what- the plant or in that State that allows A generation from now the battle of ever the husband and wife would be eli- it to operate. The effects are con- Iraq, now the central component of the gible to invest would be added together centrated, particularly in the New Eng- war on terror, will have succeeded or and divided by two so each spouse land States. And attorneys general in have failed. America will have won or would have the same in their indi- New York, New Jersey, Pennsylvania, lost; and our brave heroes who gave vidual account. Second, it would in- as well as some midwest States like their lives there will have sacrificed for crease surviving spouse benefits to 110 Wisconsin and Illinois are lining up to virtue or died in vain. percent of the higher-earning spouse’s challenge this rule in court. The toppling of Saddam Hussein’s benefits. Third, stay-at-home mothers Yesterday, the President was in status in Firdos Square will have been with kids under 5 would receive retire- Michigan to promote his Clear Skies the dawn of an age of Middle East free- ment credit. In other words, we are Initiative; but he had the audacity to dom and stability, or it will have been saying for a spouse that stays home appear at one of the Nation’s dirtiest the cruel joke that ushered in an era of with those young kids, they can have power plants in Monroe, which is re- unspeakable terror in the region. There is no middle ground. Freedom those years credited at the average for sponsible, we are told, for approxi- and terrorism cannot co-exist. This the other years. mately 300 premature deaths each year. struggle between good and evil will be In conclusion, Social Security sol- The Detroit Free Press points out decided by victory or surrender, in se- vency, the Retirement Security Act that the mercury emissions at that plant have gone up over the course of curity or in shame. has been scored by the Social Security And the terrorists understand the the last 2 years, and this Clear Skies Administration actuaries to keep the stakes. That is why they swarmed like Initiative will allow more mercury program solvent. There would be no in- scorpions into Iraq. They know that emissions than simply enforcing the creases in the retirement age, changes their true enemy is not our weapons, current law. in benefits for seniors or near-seniors, but our own will. And thankfully, so or changes in the Social Security The President attempted to paint to this as a jobs-creation issue; but local does President George W. Bush. That is COLA. why he spoke to the Nation last week Mr. Speaker, there are only 24 Mem- labor leaders pointed out that when the and announced his request for addi- bers in the House and Senate that have Monroe plant owner, Detroit Edison, found out that the New Source Review tional funds to prosecute the war. ever signed onto a bill. We need to The question now before us is wheth- rules were going to be relaxed, they move ahead and save this program. er we realize, as the terrorists do, that promptly stop their efforts to install f the separate stand they are making in pollution controls required by law and Iraq is the last best hope for their evil AMERICA DESERVES STRAIGHT fired 800 union workers who had been TALK ON THE ENVIRONMENT ideology. installing them. Lost jobs, dirtier air, Mr. Speaker, our mission in Iraq is The SPEAKER pro tempore. Pursu- health problems for thousands. not related to the war on terror. It is ant to the order of the House of Janu- The pending energy bill should be an the war on terror. The enemy has cho- ary 7, 2003, the gentleman from Oregon opportunity to rectify these problems sen to make his stand right there. And (Mr. BLUMENAUER) is recognized during with cleaner air, reducing the depend- if victory is our aim, we must not yield morning hour debates for 5 minutes. ence on foreign oil and maybe even pro- until the last terrorist in Iraq is in a Mr. BLUMENAUER. Mr. Speaker, tecting the power grid recently proven cell or in a cemetery. Whether it costs this administration is well known for vulnerable. Instead, we currently have $87 billion or $187 billion, our absolute spinning the truth, a very polite term a grab bag of incentives for special in- victory in the war and the peace is for a lamentable practice. For example, terests that shortchanges efficiency, worth any price, because without vic- over two-thirds of the American public continues reliance on expensive im- tory, there will be no survival. think that Saddam Hussein and the ported foreign oil, and delays the day Iraqis have some linkage to the attack of reckoning for electrical power to b 1245 of September 11, when, 2 years after clean the air and a more fuel-efficient If we are to take the war on terror se- the fact, there remains no evidence, de- auto industry. riously, we must spend what it takes to spite the efforts of the administration It is not too late for the administra- win. Critics and candidates may meas- to rhetorically connect these events. tion and the Congress to deal meaning- ure wars by the dollars that they cost, The administration’s habit of using fully with two or three of these items but the American people will measure misleading language is at its worst that would actually help the American this war, as we did in World War II and with the environment. Their Clear public. It is not just protecting the en- the Cold War, by the lives it saves, the Skies Initiative will actually permit vironment and the health of our citi- evil it destroys and the freedom it pre- dirtier air. Relaxation of the New zens; it is a matter of long-term eco- serves. Source Review rules will inhibit the in- nomic stability and security at a time f tent of the Clean Air Act, which 30 when we have almost 140,000 American years ago gave a reprieve to the dirti- troops in and around Iraq in no small ADMINISTRATION PLAYING FAST est coal fired plants, a reasonable time measure to secure Middle East oil. AND LOOSE WITH THE FACTS to come into compliance. The New The Bush administration should be The SPEAKER pro tempore (Mr. Source Review rules were designed so straight with the American public BOOZMAN). Pursuant to the order of the that when plants modernize, new anti about the economic, environmental, House of January 7, 2003, the gen- pollution technology must be put in and security consequences. Rather tleman from Massachusetts (Mr.

VerDate jul 14 2003 01:50 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.052 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8225 MCGOVERN) is recognized during morn- [From the Boston Globe] cials said yesterday that Ani himself, now in ing hour debates for 5 minutes. CHENEY LINK OF IRAQ, 9/11 CHALLENGED U.S. custody, has also refuted the report. The Czech government has also distanced (By Anne E. Kornblut and Bryan Bender, Mr. MCGOVERN. Mr. Speaker, it is itself from its original claim. Sept. 16, 2003) becoming increasingly and disturb- A senior defense official with access to ingly clear that the Bush administra- WASHINGTON.—Vice President Dick Cheney, high-level intelligence reports expressed con- tion is not being truthful with the anxious to defend the White House foreign fusion yesterday over the vice president’s de- American people. From the economy to policy amid ongoing violence in Iraq, cision to reair charges that have been stunned intelligence analysts and even mem- the environment to the war in Iraq, too dropped by almost everyone else. ‘‘There bers of his own administration this week by isn’t any new intelligence that would pre- often members of the administration failing to dismiss a widely discredited claim: cipitate anything like this,’’ the official play fast and loose with the facts. that Saddam Hussein might have played a said, speaking on condition he not be named. They said their massive tax cuts for role in the Sept. 11 attacks. Nonetheless, 60 percent of Americans be- the wealthy would produce thousands Evidence of a connection, if any exists, has lieve that Hussein probably had a part in at- never been made public. Details that Cheney tacking the United States, according to a re- of new jobs. In fact, we have lost not cited to make the case that the Iraqi dic- cent Washington Post poll. And Democratic thousands but millions of jobs. tator had ties to Al Qaeda have been dis- senators have charged that the White House They pledged that no child would be missed by the CIA as having no basis, ac- is fanning the misperception by mentioning left behind, when, in fact, their edu- cording to analysts and officials. Even before Hussein and the Sept. 11 attacks in ways cation budget fails to live up to its the war in Iraq, most Bush officials did not that suggest a link. Bush administration officials insisted yes- promises and many children are being explicitly state and Iraq had a part in the attack on the United States two years ago. terday that they are learning more about left behind. But Cheney left that possibility wide open various Iraqi connections with Al Qaeda. They say there is no real evidence of in a nationally televised interview two days They said there is evidence suggesting a global warming when, in fact, the vast ago, claiming that the administration is meeting took place between the head of Iraqi majority of the scientific evidence dis- learning ‘‘more and more’’ about connections intelligence and Osama bin Laden in Sudan in the mid-1990s; another purported meeting agrees, and it is absolutely stunning to between Al Qaeda and Iraq before the Sept. 11 attacks. The statement surprised some an- was said to take place in Afghanistan, and see how hostile this administration is alysts and officials who have reviewed intel- during it Iraqi officials offered to provide to our precious environment. ligence reports from Iraq. chemical and biological weapons training, On foreign policy it is even worse. Democrats sharply attacked him for exag- according to officials who have read tran- For example, in a television interview gerating the threat Iraq posed before the scripts of interrogations with Al Qaeda de- war. tainees. over the weekend, Vice President CHE- ‘‘There is no credible evidence that Sad- But there is no evidence proving the Iraqi NEY rejected suggestions from Demo- dam Hussein had anything to do with 9/11,’’ regime knew about or took part in the Sept. crats, Republicans and people around Senator Bob Graham, a Democrat running 11 attacks, the Bush officials said. the world that perhaps a different ap- for president, said in an interview last night. Former senator Max Cleland, who is a proach is needed in Iraq. The Vice ‘‘There was no such relationship.’’ member of the national commission inves- President insisted that the administra- A senior foreign policy adviser to Howard tigating the attacks, said yesterday that classified documents he has reviewed on the tion’s Iraq policy is a rousing success, Dean, the Democratic front-runner, said it is ‘‘totally inappropriate for the vice president subject weaken, rather than strengthen, ad- but after hundreds of American casual- ministration assertions that Hussein’s re- ties, billions of American taxpayer dol- to continue making these allegations without bringing forward’’ any proof. gime may have been allied with Al Qaeda. ‘‘The vice president trying to justify some lars, zero weapons of mass destruction Cheney and his representatives declined to connection is ludicrous,’’ he said. and facing a long-term occupation of comment on the vice president’s statements. Iraq, that does not seem like the defi- Nonetheless, Cheney, in the ‘‘Meet the But the comments also surprised some in the Press’’ interview Sunday, insisted that the nition of a rousing success. intelligence community who are already United States is learning more about the Before the war, the administration simmering over the way the administration links between Al Qaeda and Hussein. utilized intelligence reports to strengthen ‘‘We learn more and more that there was a said it would cost between $50 and $100 the case for the war last winter. billion. Mr. Speaker, we now know that relationship between Iraq and Al Qaeda that Vincent Cannistraro, a former CIA stretched back through most of the decade of the cost of the war in Iraq is at $166 bil- counterterrorism specialist, said that Che- the ’90s,’’ Cheney said, ‘‘that it involved lion and counting. ney’s ‘‘willingness to use speculation and training, for example, on [biological and According to the Washington Post, conjecture as facts in public presentations is chemical weapons], that Al Qaeda sent per- the Vice President pointed to Iraq’s appalling. It’s astounding.’’ sonnel to Baghdad to get trained on the sys- In particular, current intelligence officials prewar possession of 500 tons of ura- tems.’’ reiterated yesterday that a reported Prague The claims are based on a prewar allega- nium as evidence of their reconsti- visit in April 2001 between Sept. 11 hijacker tion by a ‘‘senior terrorist operative,’’ who tuted, to use his word, nuclear pro- Mohamed Atta and an Iraqi agent had been said he overheard an Al Qaeda agent speak of gram. The reality is the material was discounted by the CIA, which sent former a mission to seek biological or chemical low-grade uranium that could not be agency Director James R. Woolsey to inves- weapons training in Iraq, according to Sec- used for weapons without sophisticated tigate the claim. Woolsey did not find any retary of State Colin Powell’s statement to processing that Iraq could not do. evidence to confirm the report, officials said, the United Nations in February. and President Bush did not include it in the But intelligence specialists told the Glove Perhaps most disturbingly, the Vice case for war in his State of the Union ad- last August that they have never confirmed President and other members of this dress last January. that the training took place, or identified administration continue to cloud the But Cheney, on NBC’s ‘‘Meet the Press,’’ where it could have taken place. ‘‘The gen- issue regarding the link between Iraq cited the report of the meeting as possible eral public just doesn’t have any independent and the terrible tragedy of September evidence of an Iraq-Al Qaeda link and said it way of weighing what is said,’’ Cannistraro, 11. was neither confirmed nor discredited, say- the former CIA counterterrorism specialist, ing. said. ‘‘If you repeat it enough times . . . then The Vice President on Sunday in- ‘‘We’ve never been able to develop any people become convinced it’s the truth.’’ more of that yet, either in terms of consisted that the relationship between Mr. MCGOVERN. Before the war, we Iraq and al Qaeda ‘‘involved training, firming it or discrediting it. We just don’t know.’’ were told that Iraq possessed stock- for example, on biological and chem- piles of chemical and biological weap- ical weapons, that al Qaeda sent per- Multiple intelligence officials said that the Prague meeting, purported to be between ons. Today, the administration is sing- sonnel to Baghdad to get trained on Atta and senior Iraqi intelligence officer ing a very different tune. They now the systems.’’ Ahmed Khalil Ibrahim Samir al-Ani, was dis- talk about Iraq ‘‘maintaining the capa- According to a report in today’s Bos- missed almost immediately after it was re- bility to develop’’ those weapons. ton Globe, however, those claims are ported by Czech officials in the aftermath of Maintaining the capability to develop? based on the hearsay of a terrorist, Sept. 11 and has since been discredited fur- Is that what passes for proof in the have never been verified, cannot be ther. The CIA reported to Congress last year Bush administration? proven, and are questionable at best, that it could not substantiate the claim, There are those who occasionally at- and Mr. Speaker, I would put the full while American records indicate Atta was in tempt to give straight answers. Larry story of the Boston Globe in the Virginia Beach, Va., at the time, the officials Lindsay gave an accurate prediction of RECORD at this point. said yesterday. Indeed, two intelligence offi- how much the war would cost. He got

VerDate jul 14 2003 01:50 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.004 H16PT1 H8226 CONGRESSIONAL RECORD — HOUSE September 16, 2003 fired. General Shinseki told the truth To this end, a recent exhortation by THE MIDDLE EAST AND THE about how many troops would be need- the Save AmeriCorps Coalition should FAILED PEACE PROCESS ed in Iraq. He has been replaced. be mentioned here. This is what they The SPEAKER pro tempore. Pursu- In the Bush administration, it seems say, ‘‘Our generation is volunteering at ant to the order of the House of Janu- loyalty to the party line is more im- unprecedented rates, making vital con- ary 7, 2003, the gentleman from Florida portant than candor. tributions to communities across the (Mr. WELDON) is recognized during Mr. Speaker, we are talking about country through AmeriCorps. This op- morning hour debates for 5 minutes. important issues here, issues of war portunity, however, is at risk. Drastic Mr. WELDON of Florida. Mr. Speak- and peace, life and death. The Amer- cuts in Federal funding will result in er, I rise today in this House to address ican people deserve to know the truth. the reduction of critical services for the tragic situation in the Middle East They deserve straight talk, not some children, the elderly and hundreds of and the failed peace process. It is obvi- intentionally muddied rationale cre- organizations that rely on AmeriCorps ous to all that the continued dis- ated for political purposes. They de- volunteers.’’ patching of these so-called suicide or serve a lot better than they are getting homicide bombers into civilian Israeli from this administration. If AmeriCorps is suggesting vol- targets like buses and restaurants is f unteerism might collapse in the United States, one might forgive our skep- intended to prevent any peaceful reso- AMERICORPS’ OVERENROLLMENT ticism. Reflect that America has relied lution of the Palestinian problem. AND QUESTIONABLE ACCOUNT- on the contribution of volunteers for For any peace process to work, both parties involved must want peace. The ING RECORDS centuries. AmeriCorps has existed for Palestinian Authority and Mr. Arafat The SPEAKER pro tempore. Pursu- all but a decade, whereas our Nation’s have demonstrated that they do not ant to the order of the House of Janu- charitable sector thrived since before want to end and they are unwilling and ary 7, 2003, the gentleman from Florida its creation. (Mr. STEARNS) is recognized during incapable of preventing this ongoing After visiting America for the first morning hour debates for 5 minutes. violence against Israeli civilians. Mr. STEARNS. Mr. Speaker, just as time, the French social commentator The repeated call by Mr. Arafat for freedom and liberty are interwoven Alexis de Tocqueville said, ‘‘I have martyrs by the millions, reiterated by into the very fabric of our Nation, so often admired the extreme skill with him again last week, should be a stark too is the American pastime of volun- which the inhabitants of the United reminder to us all that we cannot work teering. Recently, AmeriCorps’ backers States succeed in proposing a common with him or the beliefs he represents. have been seeking an additional $100 object to the exertions of a great many There can be no real peace when these million in supplemental funding, but I men, and in getting them voluntarily are the sentiments of this man’s heart. believe we should look carefully at to pursue it.’’ He wrote this in his book Let us not delude ourselves. their request. Democracy in America. Ariel Sharon’s primary responsibility, and the primary responsibility AmeriCorps was not able to place Further, analysis published in Octo- of the Israeli government, above and anywhere from 20,000 to 37,000 employ- ber 2003 in the Reason magazine article beyond everything else is to maintain ees, volunteers, and this is based upon on AmeriCorps quantifies that accord- the safety and security of its people. a statement from them, the Save ing to AmeriCorps’ and Bureau of While the opinions of European min- AmeriCorps Coalition, on September 4, Labor Statistics’ numbers on volun- isters, the U.S. Government and our because of its own muddy accounting teers both as members of AmeriCorps State Department are important, they records and overenrollment. Basically, and as Americans on their own, are not more important than the lives what they did was overhire 20,000 plus ‘‘AmeriCorps cuts then represent about of women and children. volunteers without authorization. four-tenths of 1 percent of total Amer- Of further interest, during the Au- Now is the time to acknowledge that ican volunteer hours.’’ gust recess we learned of the distribu- Oslo has been a terrible failure and the tion of cash bonuses to 265 senior staff Even those of us who see the benefit road map is not working. Hundreds of at the parent agency, which is the Cor- in some Federal role in civic service Israelis are dead and buried as a testi- poration for National Community question some of the endeavors in mony to this fact. Many more are left Service, CNCS. While the amounts are which AmeriCorps volunteers over the to face a lifetime of painful disability. nominal to their overall budget, what years have participated. While some of I feel strongly that the Israeli gov- is disturbing is the apparent lack of the activities undertaken by ernment should be supported in doing judgment from CNCS officials. This AmeriCorps members may be meri- whatever it takes to protect its people. Congress has been engaged in over a torious, AmeriCorps also has a history If this includes expelling Arafat so be year’s worth of hearings and legisla- of participating in some activities of it. If it includes completing the fence, tion on corporate misbehavior and dis- questionable value. so be it. Whatever is necessary to de- proportionate executive compensation That these programs may be defend itself and protect its people. Our State Department was recently in ailing companies. The public ex- scribed as worthy to some, while ques- quoted as saying that expelling Arafat presses outrage over such private sec- tionable to others, might be a needless will not be helpful. I strongly disagree. tor firm actions and demands that Con- debate at all were not the taxpayers It may prove to be very helpful. It gress investigate and would probably who are being charged in the first place might end these attacks on Israeli ci- refer to emergency funding, in the ex- for this volunteer work. For a decade vilians, and what is more, it could be ample of such firms as we have been ex- now, members on both sides of our very helpful to the Palestinians them- amining, as a bailout. CNCS should be aisle have sought to legislate whether subject to no less scrutiny and adhere selves. AmeriCorps members could spend time to no lower standards. Since Arafat’s return in 1993, the Pal- with political activities, campaigns, Some of us question Federal funding estinian economy has shrunk by 70 per- of community service in the first place. faith-based initiatives or unions. If the cent, while at the same time the Israeli AmeriCorps pays people to volunteer. Federal Government were not involved economy has doubled. There is wide- Remuneration in exchange for choosing in what should be a personal preference spread corruption and no freedom of to contribute one’s time, energy and/or in the first place, we would not have to speech in the Palestinian-controlled money would seem to belie the very have these discussions in the first territories. Any Palestinian who open- definition of the word ‘‘volunteerism.’’ place. Any American, go volunteer ly criticizes Arafat or the Authority’s This country does indeed have many where he or she wants, end of message. policy is killed. Removing this man needs. Thankfully, through the work of Let us celebrate the pure vol- and the evil and corrupt regime around volunteers, many of those needs are unteerism that occurs in our commu- him could be the best thing for the met and fulfilled every day. Americans nities every day. Let us encourage it to peace process. share their hearts, weekends, muscles flourish just as it was 200 years ago, I know I do not stand alone in these and wallets in a multitude of activi- selflessly and generously, from the sentiments and that a majority of this ties. heart. House, the Senate and the American

VerDate jul 14 2003 00:35 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.005 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8227 people will support Israel in this. Cer- The strength of this Nation has al- As for the boys themselves, Brian tainly, the American people expect our ways been shown in its spirit. This free Foster, Randal Alexander Grichuk, leaders to do whatever it takes to pro- society is always at its best when in Brandon Hollek, Marcus Martinez, tect our people. the face of diversity or adversity, we Jimmy Michalek, Robert Psenka, Cody Witness what is happening today. In show tolerance, understanding, and Robinson, Brady Rogers, Eli Sepulveda, response to the attacks of 9/11, we have compassion. Chris Smith, Garrett Austin Staudt, waged all-out war, first attacking Af- Before You, the task of building and Wayne Willis, they did Richmond ghanistan, then Iraq. Did America rise strong relationships comes from honest and Fort Bend County proud this year up and say we need to negotiate with communication rooted in the silence of and gave us a series to remember. bin Laden and develop a peace process? deep convictions. Trust grows with After that heroic battle with the kids No. kind words and consistent behavior. from Saugus, Massachusetts, it will be The American people understand Mindful of our freedom, let us choose a long while before the rest of the Na- that there is no negotiating with to water the seeds of tolerance, under- tion forgets what the Richmond all- blood-thirsty murderers. The only road standing and compassion in ourselves stars are made of. to peace and safety is the obliteration and in our children. I am honored to represent these young men and their families. Their of al Qaeda and the regimes that aid it. Then we will become the people the determination and dedication is an in- President Bush said: ‘‘Every Nation Founders envisioned and become a sign spiration, an example to Texans of all has a choice to make. In this conflict of hope for the world. ages. there is no neutral ground. If any gov- You, Lord, hold us together in the ernment sponsors the outlaws and kill- Over the course of this spring and present moment and forever. summer, the Richmond all-stars have ers of innocents, they have become out- Amen. laws and murderers themselves. And refined their characters along with their batting swings. They have they will take that lonely path at their f learned the virtues of teamwork, vir- own peril.’’ THE JOURNAL I could not agree with the President tues that will make them better boys, The SPEAKER. The Chair has exam- more. If this is the standard for Amer- and one day, better men. ined the Journal of the last day’s pro- Competing in team sports teaches ica, why should it not be the same for ceedings and announces to the House children the virtues of honesty, perse- another country? To deny Israel the his approval thereof. verance, loyalty, and courage; and right to do what it takes to defend Pursuant to clause 1, rule I, the Jour- doing so in the name of their home- itself is to deny Israel the right to nal stands approved. town instills in them a sense of civic exist and to turn our back on an ally pride as well. and over 50 years of U.S. policy. f More than that, they have helped in- We must allow Israel to pursue the PLEDGE OF ALLEGIANCE still that very pride in all of us, their same goals for its people that we want fans, who watched and cheered their The SPEAKER. Will the gentleman for ourselves, the right to live in free- amazing march to Williamsport. dom peace and prosperity. We must from California (Mr. CALVERT) come No matter what the scoreboard said stop defending and supporting this bru- forward and lead the House in the at the end of the game, the Richmond, tal, dysfunctional Palestinian Author- Pledge of Allegiance. Texas, Little Leaguers of 2003 will ality and its leader Arafat. Mr. CALVERT led the Pledge of Alle- ways be our champions. giance as follows: b 1300 f I pledge allegiance to the Flag of the I agree with all those who say we United States of America, and to the Repub- THE NATIONAL DEBT may never end this war on terror until lic for which it stands, one nation under God, (Mr. MICHAUD asked and was given a solution to the Palestinian problem indivisible, with liberty and justice for all. permission to address the House for 1 is found. However, negotiating with vi- f minute.) cious murderers who seek the destruc- Mr. MICHAUD. Mr. Speaker, it has tion of Israel is no solution. It only DISPENSING WITH CALL OF been 859 days since President Bush and worsens the problem. PRIVATE CALENDAR ON TODAY the Republican Party embarked on Let us give Ariel Sharon and the Mr. DELAY. Mr. Speaker, I ask unan- their economic plan of our country. Israeli government the freedom to do imous consent that the call of the Pri- During that time the national debt has what is right, to defend and protect vate Calendar be dispensed with today. increased by $1,169,750,943,211.93. Ac- their people. The SPEAKER. Is there objection to cording to the Web site for the Bureau f the request of the gentleman from of Public Debt at the U.S. Treasury RECESS Texas? yesterday at 4:30 p.m. eastern daylight There was no objection. time the national outstanding debt was The SPEAKER pro tempore (Mr. $6,810,076,329,570.70. BOOZMAN). Pursuant to clause 12(a) of f Furthermore, in fiscal year 2003, in- rule I, the Chair declares the House in RICHMOND’S LITTLE CHAMPIONS terest on our national debt, or the recess until 2 p.m. today. ‘‘debt tax’’ is $304,978,878,641.11 through (Mr. DELAY asked and was given per- Accordingly (at 1 o’clock and 1 min- August 31. utes p.m.), the House stood in recess mission to address the House for 1 f until 2 p.m. minute and to revise and extend his remarks.) f VOTE ON JUDGE WILLIAM PRYOR Mr. DELAY. Mr. Speaker, this after- (Mr. PITTS asked and was given per- b 1400 noon I want to take a moment to rec- mission to address the House for 1 AFTER RECESS ognize the members of the 2003 Lamar minute and to revise and extend his re- The recess having expired, the House Little League all-stars from Richmond, marks.) was called to order at 2 p.m. Texas, for their sterling performance in Mr. PITTS. Mr. Speaker, our judicial the Little League World Series. system is under attack. The weapon of f First of all, I want to commend Jim choice? The filibuster. PRAYER Michalek, the team’s dedicated man- As cases back up in the Federal The Chaplain, the Reverend Daniel P. ager for his magnificent leadership. courts, some politicians are using the Coughlin, offered the following prayer: Mr. Michalek and his coaches, Tim filibuster to prevent a vote on several Lord of history, we know You were Hollek and Tom Staudt, devoted an highly-qualified, well-respected judi- with the Framers of our Constitution. enormous amount of time and effort to cial nominees, and one of these nomi- Be with us here and now. these young men. They made this team nees is William Pryor, highly-prin- Be present to Your people across this their lives for the summer of 2003, and cipled and well-qualified nominee for Nation as they gather for community the team’s success is a testament to the Federal bench. Opponents to his affairs, business and to pray. their dedication. nomination say that his personal views

VerDate jul 14 2003 01:56 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.006 H16PT1 H8228 CONGRESSIONAL RECORD — HOUSE September 16, 2003 will prevent him from being an effec- This bill will maintain the Congress’s making appropriations for the Depart- tive judge, but experience proves other- support for museums and libraries ment of Defense for the fiscal year end- wise. across our country. Georgia’s public li- ing September 30, 2004, and for other His conduct during the Alabama Ten braries need this legislation and the purposes, with a Senate amendment Commandments case has proven that funding to continue to provide the best thereto, disagree to the Senate amend- his professionalism enables him to possible library services to meet the ment, and agree to the conference carry out and enforce current constitu- needs of local communities and to con- asked by the Senate. tional jurisprudence. In fact, it is his tinue working toward a more educated The SPEAKER pro tempore. Is there opponents who are allowing their per- Georgia. objection to the request of the gen- sonal views to stand in the way of car- I urge my colleagues to support the tleman from Michigan? The Chair rying out the constitutional duty of Museum and Library Services Act later hears none and, without objection, ap- filling Federal judicial vacancies. today. points the following conferees: Messrs. It is that intolerance of anyone who f LEWIS of California, YOUNG of Florida, disagrees with their political views HOBSON, BONILLA, NETHERCUTT, that has brought our judicial system to THE HEMORRHAGE OF CUNNINGHAM, FRELINGHUYSEN, TIAHRT, a halt, and that is not right. MANUFACTURING JOBS WICKER, MURTHA, DICKS, SABO, VIS- f (Ms. KAPTUR asked and was given CLOSKY, MORAN of Virginia, and OBEY. WORLD TRADE ORGANIZATION permission to address the House for 1 There was no objection. minute and to revise and extend her re- (Mr. BROWN of Ohio asked and was f given permission to address the House marks.) for 1 minute.) Ms. KAPTUR. Mr. Speaker, the GENERAL LEAVE Mr. BROWN of Ohio. Mr. Speaker, President appeared in Michigan yester- Mr. KNOLLENBERG. Mr. Speaker, I two days ago developing nations day but failed to address the hemor- ask unanimous consent that all Mem- walked out of the World Trade Organi- rhage of jobs that continues to plague bers may have 5 legislative days within zation meeting, exposing irreconcilable Michigan and Ohio and indeed our en- which to revise and extend their re- differences between poorer developing tire country, good jobs in the manufac- marks on the motion to go to con- countries and the U.S., the European turing sector, which is where our econ- ference on H.R. 2559, and that I may in- Union, and Japan. Rather than dealing omy has made the most productivity clude tabular and extraneous material. with the still broken promises of the gains; Ohio losing over 180,000 jobs and The SPEAKER pro tempore. Is there past, U.S. negotiators wanted to press Michigan 182,000 jobs, manufacturing objection to the request of the gen- forward on a privatization agenda, re- jobs since he took office. tleman from Michigan? stricting governments’ ability to act in Our part of the country is really There was no objection. the public interest and giving more hurting, and all the President can pro- rights to multinational corporations at pose is an assistant secretary in the f the expense of workers all over the Department of Commerce. What we world, in this country and abroad and need, Mr. Speaker, is a trade policy APPOINTMENT OF CONFEREES ON at the expense of the environment. that puts people first, not the profits of H.R. 2559, MILITARY CONSTRUC- The world obviously now knows with multinational corporations first. We TION APPROPRIATIONS ACT, 2004 what U.S. citizens already know. The need to turn the U.S. Trade Represent- Mr. KNOLLENBERG. Mr. Speaker, I Republican trade policy does not work, ative’s office upside down and clean it ask unanimous consent to take from that President Bush’s desire to expand out and start striking trade agree- the Speaker’s table the bill (H.R. 2559) NAFTA to the rest of the world is ments that create jobs and income in making appropriations for military antiworker, antienvironment, and America again and do not create en- construction, family housing, and base hemorrhages jobs. That is why 10 per- emies for America abroad. NAFTA is realignment and closure for the De- cent of manufacturing jobs in this not working. China PNTR is not work- partment of Defense for the fiscal year country have disappeared since Presi- ing. And now the Bush administration ending September 30, 2004, and for dent Bush took office because of these wants to expand NAFTA to Central other purposes, with a Senate amend- trade policy. America and the rest of the hemisphere ment thereto, disagree to the Senate The U.S. cannot continue pushing calling it CAFTA and FTAA. amendment, and agree to the con- this antidevelopment, antiworker, Mr. Speaker, we need to export prod- ference asked by the Senate. antienvironment agenda on the rest of ucts, not jobs, and we need a trade pol- The SPEAKER pro tempore. Is there the globe. The failure of the talks in icy that works for working Americans. objection to the request of the gen- Cancun is a victory for the people of I wish President Bush had talked about tleman from Michigan? The Chair the world, a reality the Bush adminis- that in Monroe, Michigan yesterday. hears none and, without objection, ap- tration cannot ignore. The Bush f points the following conferees: Messrs. NAFTA trade model is broken. We KNOLLENBERG, WALSH, ADERHOLT, Mrs. should fix it. GENERAL LEAVE GRANGER, and Messrs. GOODE, VITTER, f Mr. KNOLLENBERG. Mr. Speaker, I KINGSTON, CRENSHAW, YOUNG of Flor- SUPPORT THE MUSEUM AND ask unanimous consent that all Mem- ida, EDWARDS, FARR, BOYD, BISHOP of LIBRARY SERVICES ACT OF 2003 bers may have 5 legislative days within Georgia, DICKS, and OBEY. There was no objection. (Mr. BURNS asked and was given which to revise and extend their remarks on the motion to go to con- permission to address the House for 1 f minute and to revise and extend his reference on H.R. 2658, and that I may in- marks.) clude tabular and extraneous material. b 1415 Mr. BURNS. Mr. Speaker, I rise The SPEAKER pro tempore (Mr. today to express my support for Amer- SIMPSON). Is there objection to the re- ANNOUNCEMENT BY THE SPEAKER ica’s museums and libraries. Libraries quest of the gentleman from Michigan? PRO TEMPORE are the fundamental part of our soci- There was no objection. The SPEAKER pro tempore (Mr. ety. In Georgia, 26.5 million patrons f SIMPSON). Pursuant to clause 8, rule visited public libraries in 2002. They XX, the Chair will postpone further visited these libraries to check out ma- APPOINTMENT OF CONFEREES ON proceedings today on motions to sus- terials, to use public access computers, H.R. 2658, DEPARTMENT OF DE- pend the rules on which a recorded vote access word processors, or the Internet, FENSE APPROPRIATIONS ACT, or the yeas and nays are ordered or on perhaps to attend free and fun learning 2004 which a vote is objected to under activities with their families. Mr. KNOLLENBERG. Mr. Speaker, I clause 6 of rule XX. Later today, we are going to consider ask unanimous consent to take from Record votes or postponed questions the Museum and Library Services Act. the Speaker’s table the bill (H.R. 2658) will be taken after 6:30 p.m. today.

VerDate jul 14 2003 01:56 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.009 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8229 FREEMONT-MADISON CONVEYANCE force and effect until all conditions described management provisions to address the ACT in this Act are fulfilled. needs of all water users in the water- SEC. 6. ENVIRONMENTAL REVIEW. Mr. CALVERT. Mr. Speaker, I move shed. This will protect and enhance the Prior to conveyance the Secretary shall Henry’s Fork fishery while continuing to suspend the rules and pass the Sen- complete all environmental reviews and ate bill (S. 520) to authorize the Sec- to provide water to the area’s analyses as set forth in the Memorandum of irrigators and other users. retary of the Interior to convey certain Agreement referenced in section 3(a). facilities to the Freemont-Madison Ir- The measure also would require com- SEC. 7. LIABILITY. pliance with the National Environ- rigation District in the State of Idaho. Effective on the date of the conveyance the mental Policy Act and is consistent The Clerk read as follows: United States shall not be liable for damages with the Bureau of Reclamation policy S. 520 of any kind arising out of any act, omission, or occurrence relating to the conveyed facili- to transfer title to water districts that Be it enacted by the Senate and House of Rep- ties, except for damages caused by acts of have operated and maintained their fa- resentatives of the United States of America in negligence committed by the United States cilities and paid out their construction Congress assembled, or by its employees, agents, or contractors costs. SECTION 1. SHORT TITLE. prior to the date of conveyance. Nothing in Mr. Speaker, I urge my colleagues to This Act may be cited as the ‘‘Fremont- this section may increase the liability of the Madison Conveyance Act’’. support this consensus-based bill. United States beyond that currently pro- Mr. Speaker, I reserve the balance of SEC. 2. DEFINITIONS. vided in chapter 171 of title 28, United States my time. In this Act: Code. Mrs. NAPOLITANO. Mr. Speaker, I (1) DISTRICT.—The term ‘‘District’’ means SEC. 8. WATER SUPPLY TO DISTRICT LANDS. yield myself such time as I may con- the Fremont-Madison Irrigation District, an The acreage within the District eligible to irrigation district organized under the law of receive water from the Minidoka Project and sume. the State of Idaho. the Teton Basin Projects is increased to re- Mr. Speaker, I thank the chairman of (2) SECRETARY.—The term ‘‘Secretary’’ flect the number of acres within the District the Subcommittee on Water and Power means the Secretary of the Interior. as of the date of enactment of this Act, infor his extreme help on these three SEC. 3. CONVEYANCE OF FACILITIES. cluding lands annexed into the District prior measures. (a) CONVEYANCE REQUIREMENT.—The Sec- to enactment of this Act as contemplated by Mr. Speaker, Senate 520, the retary of the Interior shall convey to the the Teton Basin Project. The increase in Freemont-Madison Conveyance Act, Fremont-Madison Irrigation District, Idaho, acreage does not alter deliveries authorized would direct the Secretary of the Inte- pursuant to the terms of the memorandum of under the District’s existing water storage rior to convey to the Freemont-Madi- agreement (MOA) between the District and contracts and as allowed by State water law. son Irrigation District all rights, title, the Secretary (Contract No. 1425–01–MA–10– SEC. 9. DROUGHT MANAGEMENT PLANNING. and interest to specific Bureau of Rec- 3310), all right, title, and interest of the Within 60 days of enactment of this Act, in lamation facilities in Idaho. Prior to United States in and to the canals, laterals, collaboration with stakeholders in the drains, and other components of the water Henry’s Fork watershed, the Secretary shall the title transfer, there will be an envi- distribution and drainage system that is op- initiate a drought management planning ronmental review conducted pursuant erated or maintained by the District for de- process to address all water uses, including to the National Environmental Policy livery of water to and drainage of water from irrigation and the wild trout fishery, in the Act. lands within the boundaries of the District Henry’s Fork watershed. Within 18 months of The gentleman from California, my as they exist upon the date of enactment of enactment of this Act, the Secretary shall esteemed colleague, has explained the this Act, consistent with section 8. submit a report to Congress, which shall in- legislation. We support the bill. (b) REPORT.—If the Secretary has not com- clude a final drought management plan. Mr. Speaker, I yield back the balance pleted any conveyance required under this SEC. 10. EFFECT. Act by September 13, 2004, the Secretary of my time. (a) IN GENERAL.—Except as provided in this shall, by no later than that date, submit a Mr. CALVERT. Mr. Speaker, I yield Act, nothing in this Act affects— back the balance of my time. report to the Congress explaining the rea- (1) the rights of any person; or sons that conveyance has not been com- The SPEAKER pro tempore. The (2) any right in existence on the date of en- question is on the motion offered by pleted and stating the date by which the con- actment of this Act of the Shoshone-Ban- veyance will be completed. nock Tribes of the Fort Hall Reservation to the gentleman from California (Mr. SEC. 4. COSTS. water based on a treaty, compact, executive CALVERT) that the House suspend the (a) IN GENERAL.—The Secretary shall re- order, agreement, the decision in Winters v. rules and pass the Senate bill, S. 520. quire, as a condition of the conveyance under United States, 207 U.S. 564 (1908) (commonly The question was taken; and (two- section 3, that the District pay the adminis- known as the ‘‘Winters Doctrine’’), or law. thirds having voted in favor thereof) trative costs of the conveyance and related (b) CONVEYANCES.—Any conveyance under the rules were suspended and the Sen- activities, including the costs of any review this Act shall not affect or abrogate any pro- ate bill was passed. required under the National Environmental vision of any contract executed by the A motion to reconsider was laid on Policy Act of 1969 (42 U.S.C. 4321 et seq.), as United States or State law regarding any ir- the table. described in Contract No. 1425–01–MA–10–3310. rigation district’s right to use water devel- (b) VALUE OF FACILITIES TO BE TRANS- oped in the facilities conveyed. f FERRED.—In addition to subsection (a) the The SPEAKER pro tempore. Pursu- IRRIGATION PROJECT CONTRACT Secretary shall also require, as a condition EXTENSION ACT OF 1998 AMEND- of the conveyance under section 2, that the ant to the rule, the gentleman from District pay to the United States the lesser California (Mr. CALVERT) and the gen- MENT of the net present value of the remaining ob- tlewoman from California (Mrs. Mr. CALVERT. Mr. Speaker, I move ligations owed by the District to the United NAPOLITANO) each will control 20 min- to suspend the rules and pass the bill States with respect to the facilities con- utes. (H.R. 2040) to amend the Irrigation veyed, or $280,000. Amounts received by the The Chair recognizes the gentleman Project Contract Extension Act of 1998 United States under this subsection shall be from California (Mr. CALVERT). deposited into the Reclamation Fund. to extend certain contracts between Mr. CALVERT. Mr. Speaker, I yield the Bureau of Reclamation and certain SEC. 5. TETON EXCHANGE WELLS. myself such time as I may consume. irrigation water contractors in the (a) CONTRACTS AND PERMIT.—In conveying Mr. Speaker, S. 520, authored by Sen- the Teton Exchange Wells pursuant to sec- States of Wyoming and Nebraska. tion 3, the Secretary shall also convey to the ator CRAPO of Idaho, authorizes the The Clerk read as follows: District— Secretary of the Interior to convey the H.R. 2040 (1) Idaho Department of Water Resources title of specific Bureau of Reclamation Be it enacted by the Senate and House of Rep- permit number 22–7022, including drilled facilities to the Freemont-Madison Ir- resentatives of the United States of America in wells under the permit, as described in Con- rigation District. The district has oper- Congress assembled, tract No. 1425–01–MA–10–3310; and ated and maintained these facilities SECTION 1. EXTENSION OF CERTAIN IRRIGATION (2) all equipment appurtenant to such and will have paid all construction PROJECT CONTRACTS. wells. costs to the Federal Government prior Section 2 of the Irrigation Project Con- (b) EXTENSION OF WATER SERVICE CON- tract Extension Act of 1998 (112 Stat. 2816, 114 TRACT.—The water service contract between to conveyance. Stat. 1441, 1441A–70) is amended— the Secretary and the District (Contract No. As part of this legislation, transfer (1) in subsection (a), by striking ‘‘Decem- 7–07–10–W0179, dated September 16, 1977) is proponents and several other water in- ber 31, 2003’’ and inserting ‘‘December 31, hereby extended and shall continue in full terests worked together on drought 2005’’; and

VerDate jul 14 2003 00:35 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.011 H16PT1 H8230 CONGRESSIONAL RECORD — HOUSE September 16, 2003 (2) in subsection (b)— ing plover and the pallid sturgeon, all project may not exceed the sum determined (A) in the first sentence, by striking ‘‘be- of which are either endangered or by adding— yond December 31, 2003’’ and inserting ‘‘be- threatened, according to the Endan- ‘‘(i) the amount that applies to that yond December 31, 2005’’; and gered Species Act. project under subparagraph (A); and (B) in the second sentence, by striking ‘‘(ii) $12,500,000.’’. ‘‘prior to December 31, 2003’’ and inserting However, less than 2 percent of the whooping crane population ever visits The SPEAKER pro tempore. Pursu- ‘‘before December 31, 2005’’. ant to the rule, the gentleman from The SPEAKER pro tempore. Pursu- the Platte River during their migration. As a matter of fact, many years California (Mr. CALVERT) and the gen- ant to the rule, the gentleman from tlewoman from California (Mrs. California (Mr. CALVERT) and the gen- the whooping crane is not seen at all on the Platte River. The least tern and NAPOLITANO) each will control 20 min- tlewoman from California (Mrs. utes. NAPOLITANO) each will control 20 min- the piping plover do not seem to nest in this area of the river, and the pallet The Chair recognizes the gentleman utes. from California (Mr. CALVERT). The Chair recognizes the gentleman sturgeon is located 150 miles away in the Missouri River. Therefore, there is Mr. CALVERT. Mr. Speaker, I yield from California (Mr. CALVERT). myself such time as I may consume. Mr. CALVERT. Mr. Speaker, I yield considerable confusion as to whether this is really critical habitat. Mr. Speaker, H.R. 1284, introduced by myself such time as I may consume. my colleague and friend, the gentle- Mr. Speaker, H.R. 2040, introduced by Therefore, the cooperative agree- woman from California (Mrs. the gentleman from Nebraska (Mr. ment, which has been formed to pre- NAPOLITANO), increases the authorized OSBORNE), extends specific water conserve water for critical habitat, is Federal cost ceilings for the San Ga- tracts between the Bureau of Reclama- under study. We currently have a Na- briel Basin demonstration project by tion and water contractors in Nebraska tional Academy of Sciences study, $12.5 million. Local project sponsors and Wyoming. This legislation re- which you have graciously encouraged have expressed a desire to expand the sponds to continuing work on a and we appreciate that. Until this demonstration program, which treats multiparty agreement aimed at restor- study is completed, the cooperative contaminated groundwater and then ing habitat for endangered species on agreement really cannot move forward. delivers the effluent to nearby local- the Platte River. Therefore, we are requesting this 2- ities to justify the Federal cost ceiling While these good-faith efforts take year extension. Because of the delays increase. place, the irrigators have asked for rein finalizing the cooperative agree- This bill will help lessen Southern payment certainty until a clear regu- ment, it is necessary to extend existing California’s dependence on foreign latory water-use road map is put in irrigation contracts until such time as water and project groundwater quality. place. This is a good bill, and I urge my the cooperative agreement is finalized. It is a good bill. I urge my colleagues colleagues to support this consensus- So I urge passage of 2040. to support this legislation. based bill. Mr. Speaker, I would like to thank Mr. Speaker, I reserve the balance of the chairman and ranking member for Mr. Speaker, I reserve the balance of my time. their support and urge passage. my time. Mrs. NAPOLITANO. Mr. Speaker, I Mr. CALVERT. Mr. Speaker, I have Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may con- no additional speakers, and I yield yield myself such time as I may consume. back the balance of my time. sume. Mr. Speaker, H.R. 2040 would extend The SPEAKER pro tempore. The Mr. Speaker, I once again thank my for 2 years the term of 10 water con- question is on the motion offered by colleague and friend, the chairman of tracts between the Bureau of Reclama- the gentleman from California (Mr. the subcommittee, the gentleman from California (Chairman CALVERT), on this tion and several irrigation districts in CALVERT) that the House suspend the Nebraska and Wyoming. This is the rules and pass the bill, H.R. 2040. issue, because this is an important third time Congress has been asked to The question was taken; and (two- issue for the Southern California area. extend these contracts. This bill would thirds having voted in favor thereof) I rise today in support of my legisla- enable the Department of the Interior the rules were suspended and the bill tion, H.R. 1284, to increase the spending to complete an environmental impact was passed. cap imposed on the San Gabriel Basin statement containing information rel- A motion to reconsider was laid on demonstration project. I want to thank evant to the renewal of the water con- the table. my colleagues on the other side, the gentleman from California (Chairman tracts. This EIS is expected to rec- f ommend an alternative that will allow DREIER), the gentleman from California the irrigation districts to receive water RECLAMATION PROJECTS AUTHOR- (Chairman CALVERT), and the gen- and satisfy the consultation and recov- IZATION AND ADJUSTMENT ACT tleman from California (Chairman ery requirements under the Endan- OF 1992 AMENDMENT POMBO), for their continued assistance gered Species Act. Mr. CALVERT. Mr. Speaker, I move to me and other Members who are also We support the bill and recommend to suspend the rules and pass the bill working to ensure a clean and reliable its adoption. (H.R. 1284) to amend the Reclamation water supply for their communities. May I also thank the gentlewoman Mr. Speaker, I yield back the balance Projects Authorization and Adjust- from California (Ms. SOLIS), who could of my time. ment Act of 1992 to increase the Fed- not be here to speak to her support on Mr. CALVERT. Mr. Speaker, I yield 3 eral share of the costs of the San Ga- this issue, as two of her cities we are minutes to the gentleman from Ne- briel Basin demonstration project. proposing are in her district. braska (Mr. OSBORNE), the author of The Clerk read as follows: this bill, to explain this legislation. H.R. 1284, if enacted, would simply H.R. 1284 Mr. OSBORNE. Mr. Speaker, I rise in allow the cities of Industry, El Monte support of H.R. 2040. As has been men- Be it enacted by the Senate and House of Rep- and South El Monte, located and adja- resentatives of the United States of America in cent to my district in Southeast Los tioned, this extends irrigation con- Congress assembled, tracts between the Bureau of Reclama- Angeles County, to have the ability to SECTION 1. INCREASE IN FEDERAL SHARE OF tion and the irrigation contractors in SAN GABRIEL BASIN DEMONSTRA- request an additional $12.5 million in Nebraska and Wyoming. TION PROJECT. funding for assistance from the U.S. A proposed cooperative agreement Section 1631(d)(2) of the Reclamation Bureau of Reclamation for cleanup of between Nebraska, Colorado, and Wyo- Projects Authorization and Adjustment Act volatile organic compounds, otherwise ming was established in 1997. Par- of 1992 (43 U.S.C. 390h–13) is amended— known as DOCs, once they are able to enthetically, I might just mention that (1) by striking ‘‘In the case’’ and inserting secure their 75 percent matching funds. this agreement was to provide addi- ‘‘(A) Subject to subparagraph (B), in the Earlier this year, the Subcommittee case’’; and tional water in a 50-mile stretch of (2) by adding at the end the following: on Water and Power held a hearing on Platte River in Central Nebraska. This ‘‘(B) In the case of the San Gabriel Basin the bill, and witnesses representing the water is to provide habitat for the demonstration project authorized by section local municipalities and water agencies whooping crane, the least tern, the pip- 1614, the Federal share of the cost of such from the San Gabriel Valley, home to

VerDate jul 14 2003 02:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A16SE7.008 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8231 approximately 1.7 million residents, funded, including the El Monte Operable Unit Mr. CALVERT. Mr. Speaker, I have clearly established that there is a clear and the South El Monte Operable Unit in my no additional speakers, and I yield and compelling need to extend the district. Since the cap was put in place, the back the balance of my time. funding for this very successful pro- Southern Operable Units have been working The SPEAKER pro tempore. The gram. with EPA to develop groundwater cleanup question is on the motion offered by This is part of the San Gabriel Basin, plans. Now, we need money to make the the gentleman from California (Mr. home to one of the country’s largest cleanup happen. CALVERT) that the House suspend the Superfund sites, spanning 170 square Cleanup literally means the difference be- rules and pass the bill, H.R. 1284. miles. It has been contaminated by a tween healthy and unhealthy families. This The question was taken; and (two- number of substances over the past 5 area is contaminated with perchlorate, thirds having voted in favor thereof) decades as a result of manufacturing trichloroethene and other chlorinated solvents the rules were suspended and the bill and agriculture activities and other known as ‘‘volatile organic compounds’’ or was passed. components that we are now finding, VOCs. Each of these contaminants can cause A motion to reconsider was laid on such as perchloric, affecting our drink- serious health complications. Perchlorate in- the table. ing water supply. creases chances of cancer and can induce f Unfortunately, the funding level for thyroid problems. Trichloroethene has been GENERAL LEAVE this critical basin program was capped shown to make people more susceptible to at $38 million in 1996, before these lung and liver tumors. VOCs are harmful to Mr. CALVERT. Mr. Speaker, I ask three communities were able to estab- the central nervous system, the kidneys and unanimous consent that all Members lish their case to Congress. This is all the liver and can cause a higher risk of can- may have 5 legislative days within part and parcel of that Superfund site cer, especially leukemia. which to revise and extend their re- cleanup. The pollution that these communities have marks and include extraneous material A majority of the unfunded projects sustained has not only impacted their health on S. 520, H.R. 2040 and H.R. 1284. to date are in the southern part of the and environment, but also their economy. Un- The SPEAKER pro tempore. Is there basin, and that includes these three employment in the area is as high as 10 per- objection to the request of the gen- cities of Industry, El Monte, and South cent in some areas. According to the U.S. tleman from California? El Monte. These projects are conjunc- Census, 26 percent of the residents live in There was no objection. tive-use projects and could be funded poverty. It has been difficult to attract busi- f nesses and jobs to the area. One of the fac- under the existing Bureau of Reclama- b 1430 tion’s demonstration project only if tors preventing those businesses and jobs the 1996 budget cap is raised. from coming to the area is the pollution. CELEBRATING THE LIFE AND Mr. Speaker, the gentleman from When the cap was put in place, these areas ACHIEVEMENTS OF LAWRENCE California (Chairman POMBO), the gen- lost the chance to access Federal funds to EUGENE ‘‘LARRY’’ DOBY tleman from California (Chairman CAL- clean up their environment, protect their health Mrs. BLACKBURN. Mr. Speaker, I VERT), and every California delegation and help their economy. Now we have the op- move to suspend the rules and agree to member who serves on the House Com- portunity to make a difference in this region by the concurrent resolution (H. Con. Res. mittee on Resources understands the helping them accomplish these much-needed 235) celebrating the life and achieve- need for California to live up to our goals. I urge adoption of this legislation and ments of Lawrence Eugene ‘‘Larry’’ yield back the balance of my time. agreement with the other Colorado Doby. Mr. DREIER. Mr. Speaker, I rise today in River Basin States and ultimately take The Clerk read as follows: strong support of H.R. 1284, a bill that no more than 4.4 million acre feet of amends the Reclamation Projects Authoriza- H. CON. RES. 235 water from the Colorado River per tion and Adjustment Act of 1992 to increase Whereas on December 12, 1923, Larry Doby year. the Federal share of the cost of the San Ga- was born in Camden, South Carolina and Continuing effective aquifer cleanup briel Basin demonstration project. moved to Paterson, New Jersey in 1938, where he became a standout 4 sport athlete activities, which H.R. 1284 allows, com- The San Gabriel Basin Demonstration bined with water conservation, recy- at Paterson Eastside High School; Project was originally authorized in 1992 Whereas Larry Doby attended Long Island cling, desalination, above and under- under the U.S. Bureau of Reclamation’s Title ground storage, will allow the State of University on a basketball scholarship before XVI program. This initiated the Federal-local enlisting in the United States Navy; California to meet the commitment to partnership for this project, which is an integral Whereas in 1943, Larry Doby was the first the 4.4 plan by the year 2016. component in cleaning up the San Gabriel African American to play professional bas- I would also like to express my most Valley’s drinking water supply. ketball for the Paterson Panthers, a member sincere appreciation to the ranking The San Gabriel Demonstration Project is of the American Basketball League; member, the gentleman from West Vir- unique among the projects authorized by Title Whereas after playing baseball in the ginia (Mr. RAHALL), and the former XVI in that it does not focus on water reclama- Negro League for the Newark Eagles, Larry Doby’s contract was purchased by Bill Veeck ranking member of the Committee on tion or reuse. Rather, the project will remove Resources, the gentleman from Cali- of Major League Baseball’s Cleveland Indi- harmful contaminants, including volatile or- ans, a member of the American League, on fornia (Mr. GEORGE MILLER), for their ganic compounds, for the San Gabriel Valley July 3, 1947; continued support for the Bureau’s Superfund site in order to provide the Valley Whereas on July 5, 1947, Larry Doby be- title 16 water reclamation and recy- with a safe supply of drinking water. The came the first African American to play pro- cling projects. project further involves monitoring of water fessional baseball in the American League; I certainly urge my colleagues to wells, construction of treatment facilities, and Whereas Larry Doby played in the Amer- pass this issue. It is an important issue development of systems to convey, pump, and ican League for 13 years, appearing in 1,533 for all of California and the rest of the store water. games and batting .283, with 253 home runs Nation. H.R. 1284, championed by my good friend, and 969 runs batted in; Ms. SOLIS. Mr. Speaker, I rise in support of Whereas in 1948, Larry Doby was the first neighbor, and colleague, Congresswoman African American to win a World Series and H.R. 1284, which amends the San Gabriel GRACE NAPOLITANO, recognizes the critical the first African American to hit a home run Reclamation Projects Authorization and Ad- funding needs for this project’s sustainability in the World Series; justment Act of 1992. This bill will increase the and success. By increasing the ceiling of this Whereas Larry Doby was voted to play in 7 Federal cost share for the San Gabriel Basin authorization by $12.5 million, the Federal All Star games and led the American League groundwater cleanup project. Government’s commitment to safe drinking in home runs for two seasons; During the project’s onset in 1992, the Fed- water supply in our region will continue. Whereas in 1978, Larry Doby became the eral Government was authorized to pay 2.5 I commend Chairman KEN CALVERT and his manager of the Chicago White Sox, only the percent of the cost of projects to cleanup local Subcommittee on Water and Power for mov- second African American manager of a Major League team; water supplies. In 1996 the funding level for ing this bill through the committee process, Whereas Larry Doby was the Director of the program was capped at $38 million, fund- and urge my colleagues to vote for this meas- Community Relations for the National Bas- ing only a portion of the projects that had ure. ketball Association’s New Jersey Nets, been designed. As a result of the cap, projects Mrs. NAPOLITANO. Mr. Speaker, I where he was deeply involved in a number of in the southern portion of the basin were not yield back the balance of my time. inner-city youth programs;

VerDate jul 14 2003 02:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.016 H16PT1 H8232 CONGRESSIONAL RECORD — HOUSE September 16, 2003 Whereas Larry Doby resided, was active in a gentleman, he once said, ‘‘I couldn’t However, it was in his role as the sec- the community, and raised his family in react to prejudicial situations from a ond black player in baseball that Larry Montclair, New Jersey; physical standpoint. My reaction was Doby had his most significant impact Whereas Larry Doby received honorary to hit the ball as far as I could.’’ And on professional athletics. Larry Doby doctorate degrees from Princeton Univer- sity, Long Island University and Fairfield he did that, channeling that energy to was an all-State athlete in football, University; and greatness. basketball, and baseball in high school. Whereas Larry Doby was elected to the Na- Indeed, not only did Doby bravely He then continued his athletic career tional Baseball Hall of Fame in 1998: Now, change minds with his mere presence at Long Island University. When Bill therefore, be it on the field, he also turned heads with Veeck, who was determined to inte- Resolved by the House of Representatives (the his outstanding play. He won a World grate his team, sought to sign a black Senate concurring), That the House of Rep- Series title with the Cleveland Indians player, Larry Doby was his obvious resentative— in his first full year in 1948. During the choice. He had led the Negro National (1) expresses profound sorrow on the death of Lawrence Eugene ‘‘Larry’’ Doby, and ex- season, he hit an average 301 with 16 League with a batting average of .458 tends condolences to his family; home runs, and he led the club with a and 13 home runs. (2) expresses its deep appreciation to Larry .318 average during the 1948 World Se- Like Jackie Robinson, Doby faced ex- Doby and his family for the impact that he ries. He finished his historic career traordinary pressures that first season, made in pioneering civil rights by breaking with 253 home runs and 970 runs batted including open hostility from team- down racial barriers in baseball and in Amer- in. In 1998, Larry Doby was deservedly mates and opposing players. Larry ica; and inducted into the baseball Hall of Doby and Jackie Robinson formed a (3) commends Larry Doby as a courageous Fame. close relationship through their life- leader, a role model, and a paradigm of the American Dream. Mr. Speaker, America sadly lost times. Doby’s debut opened the way for Larry Doby in June at the age of 79. On three more blacks to enter the majors The SPEAKER pro tempore (Mr. behalf of this entire House, I offer my within a month, and made it clear that SIMPSON). Pursuant to the rule, the sincere condolences of all Members to baseball was on a permanent course to- gentlewoman from Tennessee (Mrs. the friends and the family of Larry ward integration. His presence as a BLACKBURN) and the gentleman from Il- Doby. player for the Indians also contributed linois (Mr. DAVIS) each will control 20 America has long had a deep obses- to the more general cause of civil minutes. sion with sports, and there is little rights for blacks when Washington’s The Chair recognizes the gentle- doubt that the common goals of ath- exclusive Hotel Statler, formerly woman from Tennessee (Mrs. letics have had a profound impact on whites-only, permitted Larry Doby to BLACKBURN). race relations in this country. room with his team. GENERAL LEAVE In 1947, Larry Doby inducted himself In 1948, he batted an impressive .301 Mrs. BLACKBURN. Mr. Speaker, I to the all-white baseball world as a with 14 home runs and 65 runs batted ask unanimous consent that all Mem- courageous man with an awe-inspiring in. He led the Indians to a victory over bers may have 5 legislative days within lefthanded swing. His bravery unques- the Boston Braves in the World Series, which to revise and extend their re- tionably opened the door of oppor- becoming the first black to play on a marks on H. Con. Res. 235. tunity to many players from so many World Series championship team. He The SPEAKER pro tempore. Is there backgrounds, all the way to this later led the American League in home objection to the request of the gentle- present day. But beyond the baseball runs in 1952 and again in 1954. When he woman from Tennessee? field, Larry Doby helped to prove that retired after 13 seasons with the Indi- There was no objection. a person’s skin color has nothing to do ans, White Sox, and Detroit Tigers, he Mrs. BLACKBURN. Mr. Speaker, I with his or her abilities at a time when had a formidable career batting aver- yield myself such time as I may con- America needed to learn that lesson. age of .285 and 253 lifetime home runs. sume. For all these reasons, Mr. Speaker, I For his achievements, he was elected Mr. Speaker, House Concurrent Reso- hope this resolution is seen as a fitting to baseball’s Hall of Fame in 1998. lution 235, introduced by my distin- tribute to a man that all of us still owe Doby became the Indian’s manager in guished colleague, the gentleman from a debt of gratitude. I urge all Members 1978 and later became a special assist- New Jersey (Mr. PASCRELL), celebrates to support the adoption of House Con- ant to Dr. Gene Budig, the President of the life and achievements of Lawrence current Resolution 235, and I congratu- the American League. Throughout the Eugene ‘‘Larry’’ Doby. late the gentleman from New Jersey 1960s and 1970s, when blacks were wel- Mr. Speaker, I am proud that the for his work on this measure. come on the baseball field and in the House is considering this legislation Mr. Speaker, I reserve the balance of stands but not in the front office, that honors an American hero we just my time. Larry Doby continued to push for ex- do not know as much as we should Mr. DAVIS of Illinois. Mr. Speaker, I panded opportunities for people of about. We all know the story of Jackie yield myself such time as I may con- color. Robinson, who courageously abolished sume. Lawrence Eugene Doby was a great the color barrier in major league base- Mr. Speaker, I am pleased to join American and his life and achieve- ball by first playing for the Brooklyn with the gentlewoman from Tennessee ments make him worthy of this rec- Dodgers in 1947. What many may not in consideration of H. Con. Res. 235, ognition today. I would like to com- have learned is that 3 months later, in celebrating the life and achievements mend the sponsor of this resolution, July of 1947, Larry Doby became the of Lawrence Eugene ‘‘Larry’’ Doby. the gentleman from New Jersey (Mr. first black player in the American Mr. Speaker, Larry Doby, who broke PASCRELL), and I urge swift passage. League when he suited up for the the color barrier in the American Mr. Speaker, I reserve the balance of Cleveland Indians. League in 1947, 3 months after Jackie my time. As the first black player in American Robinson became the first black in Mrs. BLACKBURN. Mr. Speaker, at League history, the pressures and prej- modern major league baseball, died on this point I reserve the balance of my udices Doby experienced were heart- Wednesday, June 18 in Montclair, New time. breaking. His Hall of Fame Indians Jersey. He was 79 years old. Mr. DAVIS of Illinois. Mr. Speaker, teammate, Bob Feller, described Doby Born on December 13, 1923 in Camden, it is my pleasure to yield such time as as a sensitive man and added, the way South Carolina, Larry Doby was also he may consume to the sponsor of this many fans and other players treated the first player to jump straight from resolution, the gentleman from him was very tough. Doby spoke with the Negro leagues to the majors. He Paterson, New Jersey (Mr. PASCRELL). Jackie Robinson frequently during his was signed by the Cleveland Indians Mr. PASCRELL. Mr. Speaker, I want early major league playing days. He re- owner Bill Veeck. He later integrated to thank the gentleman from Illinois. I counted to the L.A. Times in 1974 that Japanese baseball in 1962 and went on want to thank also the gentlewoman by talking about the issues he and Rob- to become the sport’s second black from Tennessee. Both of my colleagues inson faced, that ‘‘Maybe we kept each manager and one of its first black ex- I think struck appropriate words about other from giving up.’’ Since Doby was ecutives. a great American, a great American.

VerDate jul 14 2003 02:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A16SE7.006 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8233 This resolution, this concurrent reso- record that he broke, beyond the sports fice earlier today what they knew lution honors the life and achieve- world, Larry Doby was a good person, about Larry Doby. These people were ments of Lawrence Eugene ‘‘Larry’’ beautiful family, a great career. Re- in their twenties and thirties. They Doby. He left this Earth just a few sponsive to the community he lived in, knew almost nothing of him. Several months ago. His wife died a few years Paterson and then Montclair, New Jer- people had heard of him. They knew he ago. They were inseparable individuals. sey, where he passed. And Helen who was a baseball player. They knew very I know one can read about the history passed 2 years ago, every time you saw little else. of Larry Doby and one can hear about Larry Doby you saw everyone. Every Larry Doby was the second African it and see it in film, but there is sometime you saw Helen, you saw Larry American player to play major league thing that is spoken today that one Doby. Our thoughts are with Larry’s baseball, the first in the American will not find in those documentations. surviving children, Larry, Jr., Leslie League. As I said, in some sense he was Mr. Speaker, in our commercial Feggan, Kimberly Martin, Susan Rob- as courageous, maybe even more coura- world of endorsements, free agents, inson, and Christina Fearington. And I geous than Jackie Robinson. In his $6.50 a beer at a ball game, and had the privilege, as many of us did words, and he said with certainly no Astroturf, I want to pause today to back in 1998 on this floor to have a post bitterness but just as an observation, praise the great stature of a man who office, the main post office in our coun- Larry Doby said, The only difference played baseball when baseball was ty, named after Larry Doby. between us, Jackie Robinson and him- baseball. He was more than a civil Just a few months before he passed self, was that Jackie Robinson got all rights leader. He was more than a Hall from this Earth we all stood at the publicity. You did not hear much of Fame baseball player. He was a Hall Eastside Park and commemorated, and about what I was going through be- of Fame human being. To him, to it was like a 15-year old young man cause the media did not want to repeat Larry Doby, community was critical. who had just come to Paterson, we the same story, the same story they No man was living on an island. commemorated a baseball field with had written not long before. I am so proud to be a resident, a life- the stands and everything, Larry Doby He said, ‘‘I could not react to preju- long resident of Paterson, New Jersey, Field. And Larry insisted that we dicial situations from a physical stand- and I always say one ‘‘T’’, because that would lock the field when it was not point. My reaction was to hit the ball is where Larry made his fame, at East being used because he wanted it to re- as far as I could.’’ He had the same kinds of anger and Side High School. He was a star in four main a baseball field, and it has. Peo- bitterness and racist catcalls and vio- sports, and he achieved. He attended ple go there with respect. A great stat- lent behavior all aimed at him as Jack- Long Island University, went into the ue, a great statue right in front of this ie Robinson did, and he was every bit Navy, served this country, served this great ballpark. the hero that Jackie Robinson was. country, and came out and played I want to thank the Speaker. I want As the gentleman from New Jersey minor league baseball for a while on to thank the ranking member. I want (Mr. PASCRELL) and the gentleman teams where you had to be all one to thank the gentlewoman from Ten- from Illinois (Mr. DAVIS) pointed out, color. nessee (Mrs. BLACKBURN). he also changed not just baseball his- Mrs. BLACKBURN. Mr. Speaker, I So he made the movement and was tory, but he helped as a pioneer in pull- asked to come aboard the Cleveland In- yield myself such time as I may con- ing this country together, a pioneer in dians, just after Jackie Robinson, 3 sume. beginning to start to erase the racial Mr. Speaker, I appreciate so much months prior, became a part of the prejudice in this country. He did it in a the remarks that have been made Brooklyn Dodgers. And many fans variety of ways. He did it as a baseball about Larry Doby and his career. We never saw him play because obviously player in the way he played. He also there was not inter-league play at that recognize the importance of Larry did it with the strength in which he particular time. And we know what Doby. As the gentleman from New Jer- played. He also did it as a manager, happened with Jackie Robinson when sey (Mr. PASCRELL) was saying, Jackie and also in his professional and per- he went to the Brooklyn Dodgers: They Robinson and Shoeless Joe Jackson, sonal life back in Paterson. But he also even changed the camp where they and we talk about the importance of did it in a way that is interesting. trained, got it away from people so having heroes, and these were men who In the spring of 1947, Bill Veeck, the there would be no problems. And we were heroes, and how important that Indians’ general manger, under- know that Larry Doby, when he came we honor Larry Doby. So I commend standing that Larry Doby was going to into the American League, some of his my colleague from New Jersey (Mr. be playing, moved spring training camp own teammates isolated him, ignored PASCRELL) for introducing the resolu- to Arizona, away from the South, un- him. tion. derstanding that it would make things He was grateful to the owner of the Mr. Speaker, I have no further speak- a little bit more even tempered, if you Cleveland Indians, Bill Veeck. Mr. ers, and I yield back the balance of my will, for Larry Doby to deal with. Speaker, there always has to be sometime. So then the Brooklyn Dodgers moved body who is willing to make the Mr. DAVIS of Illinois. Mr. Speaker, I their training camp from Florida to change. There always has to be some- yield 3 minutes to the gentleman from Havana, Cuba, again to deal with some body that runs point and who is willing Ohio (Mr. BROWN), where Larry Doby of those problems, and the New York to say, this is the right thing. This is played much of his ball. Giants moved their training camp from the thing we need to do. We should Mr. BROWN of Ohio. Mr. Speaker, I Florida to Arizona, and that is the ad- have done it a long time ago. It should thank the gentleman from Illinois (Mr. vent of spring training being held in not have had to be done. This should be DAVIS) and the gentlewoman from Ten- different areas around the country. a natural process of growing up in the nessee (Mrs. BLACKBURN), and I thank He was a pioneer. He changed not greatest of all democracies. particularly the gentleman from New just the baseball world, he changed so- Jersey (Mr. PASCRELL) for his sponsor- ciety. All of us should be proud of what b 1445 ship on this piece of legislation. Larry Doby did. It was not. So this young man who I stand also to honor Larry Doby. I In my City of Cleveland where he came out of Camden, South Carolina, saw Larry Doby after his career in played his best, most important base- came to Paterson with his family when Cleveland for the White Sox had fin- ball, he played in two World Series, he was 15 years of age, found himself at ished. My dad took me as a 6-year-old made a difference in the last time the the center of a tremendous amount of kid to see Larry Doby, and I saw him Indians won the World Series in 1949, attention, and he deserved it. But to play then and met him later for a mo- but more importantly, what he did the end he remained modest, and he ment when he threw out the first pitch later with his life in Paterson, New was a gracious, true gentleman, unlike of the House baseball game. Jersey, throughout the baseball world, some of the bravado that we hear in Larry Doby in some sense was as cou- and what he contributed to this coun- sports today when we hold up Nike rageous or even more courageous than try. sneakers. This is a man of a different Jackie Robinson. I asked a group of Mr. DAVIS of Illinois. Mr. Speaker, I age but a man for all ages. Beyond the people as I was walking through an of- would like to thank everybody who

VerDate jul 14 2003 02:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.021 H16PT1 H8234 CONGRESSIONAL RECORD — HOUSE September 16, 2003 participated in this debate. Larry Doby the rules were suspended and the con- special control training, and 15,000 para- was indeed a great athlete but an even current resolution was agreed to. troopers were put on alert, but no Marchers greater American. A motion to reconsider was laid on were arrested or jailed and the march dis- Ms. JACKSON-LEE of Texas. Mr. Speaker, the table. persed without incident; Whereas the March was one of the first I rise today to honor Larry Doby, the first Afri- f events to be televised worldwide, and thus can American to play professional baseball in REMEMBERING AND HONORING brought international attention to the social the American League. It is important that Con- THE MARCH ON WASHINGTON OF and economic plight of African-Americans; gress acknowledge and appreciate the accom- AUGUST 18, 1963 Whereas 15 Senators and 60 Representa- plishments of someone who has broken the tives attended the rally at the Lincoln Me- color barrier and added diversity to an other- Mrs. BLACKBURN. Mr. Speaker, I morial and witnessed the commitment of the wise segregated sport. move to suspend the rules and agree to demonstrators to the struggle for domestic Larry Doby was an extraordinary individual the resolution (H. Res. 352) remem- and universal human rights; bering and honoring the march on Whereas the March sparked the passage of and a sports legend that broke through bar- the Civil Rights Act of 1964 and the Voting riers by becoming the second African Amer- Washington of August 28, 1963. The Clerk read as follows: Rights Act of 1965; ican to play professional baseball, but the first Whereas the public display of humanity ex- H. RES. 352 in the American League. hibited by the March educated the public and We are all well aware of Jackie Robinson, Whereas the first call for a march on Wash- helped to correct some of their misconcep- the first African American to play professional ington was initiated in 1941 by A. Philip Ran- tions, and demonstrated the possibility that dolph, President of the Brotherhood of Sleep- baseball. He is a hero that we teach our chil- an entire country could be changed through ing Car Porters, in response to the blatant non-violent protest; and dren about. His efforts for integration and the discrimination that had become a constant struggle for racial equality provide lessons that Whereas the 1963 March on Washington was hardship in the lives of African-American the largest political demonstration in United workers; we strive never to forget. Similarly, Larry Doby States history and proved to the nation that Whereas in the spring and summer of 1963, endured a struggle that was no less heroic or prejudice and discrimination against Afri- more than 20,000 United States citizens were difficult. He too should remain in our memory can-Americans and other minorities could be arrested and detained while nonviolently and his story told to our children. successfully fought by a collective force protesting the racial injustice that was wide- committed to the principles of non-violence: Born in Camden, S.C., Larry Doby lost his spread throughout the southern United Now, therefore, be it father when he was just 8 years old. His fam- States at that time; ily moved to Paterson, New Jersey, when he Resolved, That the House of Representa- Whereas Randolph told President Kennedy tives— was in his teens. Larry Doby attended Long that the African-American population was (1) honors the 1963 March on Washington as going to march peacefully on Washington to Island University on a basketball scholarship one of the largest political demonstrations demand their full and equal constitutional before enlisting in the United States Navy. in United States history; rights in the face of severe civil rights viola- In 1947, Larry Doby began his illustrious ca- (2) recognizes the monumental importance tions and harsh economic inequality; reer with the Cleveland Indians. Teammates of the 1963 March on Washington in the on- Whereas in June of 1963 the ‘‘Big Six’’ civil going struggle for civil rights and equal recalled Mr. Doby as a man of quiet dignity rights leaders—Martin Luther King, Jr., rights for all Americans; and who never said an unkind word, even about James Farmer, John Lewis, Whitney Young, (3) extends its gratitude to the organizers those hostile to his joining the Indians. Roy Wilkins, and A. Philip Randolph—con- and participants of the 1963 March on Wash- Larry Doby played in the American League vened to plan a mass protest that would ington for their dedication and commitment begin at the Washington Monument and end for 13 years. He appeared in 1,533 games to equality and justice. and batting .283, with 253 home runs and 969 in front of the Lincoln Memorial; The SPEAKER pro tempore. Pursu- runs batted in. He was the first African Amer- Whereas the march was initially termed the ‘‘March on Washington for Jobs and ant to the rule, the gentlewoman from ican to win a World Series and the first African Freedom’’, and aimed to advance support for Tennessee (Mrs. BLACKBURN) and the American to hit a home run in the World Se- a new Federal jobs program and a higher gentleman from Illinois (Mr. DAVIS) ries. In 1998, Larry Doby was elected to the minimum wage; each will control 20 minutes. National Baseball Hall of Fame. Whereas the Big Six expanded the focus of The Chair recognizes the gentle- Apart from baseball, Larry Doby showed his the march to include civil rights injustices woman from Tennessee (Mrs. due to the disturbing events that had oc- integrity by being deeply committed to his BLACKBURN). community. He deserves recognition not only curred in the months prior to the march, GENERAL LEAVE for his contribution to America’s pastime, but such as police dogs attacking peaceful demonstrators in Birmingham, the assassination Mrs. BLACKBURN. Mr. Speaker, I also for his courageous leadership and the in- of Medgar Evers in Jackson, and the lack of ask unanimous consent that all Mem- spiration he gave to millions of Americans as congressional support for President Ken- bers may have 5 legislative days within he fought racism and served as an example of nedy’s civil rights bill; which to revise and extend their re- the American Dream. Whereas Government officials were con- marks on H. Res. 352, the bill under cerned about the outbreak of violence, but In expression of his commitment, Larry consideration. served as the Director of Community Relations many civil rights organizations held orienta- tion meetings before the march that taught The SPEAKER pro tempore. Is there for the NBA’s New Jersey Nets. The position objection to the request of the gentle- gave Mr. Doby the opportunity to use his char- and stressed the intrinsic non-violent principles of the movement; woman from Tennessee? acter and stature to influence youth in many of Whereas on August 28, 1963, people from There was no objection. New Jersey’s inner cities. throughout the country arrived in Wash- Mrs. BLACKBURN. Mr. Speaker, I Sadly, Larry Doby died on June 18, 2003 in ington by plane, bus, train, and foot to ex- yield myself such time as I may con- Montclair, N.J. Let us come together and express the urgent need for forceful and imme- sume. press profound sorrow over the death of Larry diate action on the issue of civil rights; Mr. Speaker, House Resolution 352 Doby. On behalf of the 18th congressional dis- Whereas demonstrators pledged their com- introduced by my distinguished col- trict of Texas, I extend my condolences to his mitment and continued participation in the league, the gentleman from the State struggle for civil rights; family and express my deep appreciation for of Georgia (Mr. BISHOP), remembers the impact Larry Doby made in the fight for ra- Whereas March leaders met with President Kennedy and Members of Congress to discuss and honors the march on Washington cial equality. For that reason, Mr. Speaker, I the importance and consequential impact of of August 28, 1963. support H. Con. Res. 235 to celebrate the life the pending civil rights bill that aimed to Mr. Speaker, 40 years ago this sum- and achievements of Larry Doby. end discrimination of African-Americans in mer almost a quarter of a million peo- Mr. DAVIS of Illinois. Mr. Speaker, I the work place, voting booth, educational fa- ple gathered here in Washington, D.C. yield back the balance of my time. cilities, and all other public domains; to take a stand for freedom and for The SPEAKER pro tempore. The Whereas the demonstrators peacefully equality. question is on the motion offered by marched through the streets of the capital They came to our Nation’s capital to the gentlewoman from Tennessee (Mrs. and, at the Lincoln Memorial, heard empow- tell America that civil rights could no ering and inspiring words from the Big Six BLACKBURN) that the House suspend leaders, as well as Walter Reuther, Rev. Eu- longer be exclusive rights denied to the rules and agree to the concurrent gene Blake Carson, Rabbi Joachim Prinz, millions of Americans based on nothing resolution, H. Con. Res. 235. Matthem Ahmann, and Floyd McKissick; more than the color of their skin. The question was taken; and (two- Whereas police officers had their days of Known as the March on Washington thirds having voted in favor thereof) leave cancelled, suburban forces were given for Jobs and Freedom, the event was

VerDate jul 14 2003 02:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.022 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8235 originally planned to focus on eco- amendment to the United States Con- when any constitutional right is vio- nomic concerns at a time when more stitution to end slavery on December lated. 1 than 1 ⁄2 million black Americans were 18, 1865. It took the 14th amendment to b 1500 searching for work. The march ex- establish Negroes as citizens of the panded, becoming a massive rally in United States on July 9, 1868, and the Mr. Speaker I urge all of my col- support of civil rights legislation that 15th amendment to allow blacks to leagues to support this resolution. had been recently introduced by Presi- vote in this country on February 3, Mr. Speaker, I reserve the balance of dent Kennedy. 1870. my time. On the morning of August 28, 1963, Our citizenship and privileges were Mrs. BLACKBURN. Mr. Speaker, I supporters arrived at the Washington always questioned and in most situa- have no other speakers at this time, Monument. At about noon the march- tions denied until the march on Wash- and I reserve the balance of my time. ers advanced as an incredible mass to ington led to passage of the Civil Mr. DAVIS of Illinois. Mr. Speaker, the Lincoln Memorial, a memorial that Rights Act of 1964. This was 39 years it is my pleasure to yield 5 minutes to honors the President who gave his ago that Jim Crow laws were sub- the gentleman from Georgia (Mr. presidency and his life in the name of jugating and denying blacks the right BISHOP), the sponsor of this resolution. liberty for all people. to vote in certain southern States, the Mr. BISHOP of Georgia. Mr. Speaker, At the memorial the marchers heard imposition of poll taxes, segregation of I thank the gentleman very much for speeches from the most influential schools, housing, bus and train trans- yielding the time. leader of the civil rights movement, in- portation, restrooms and other public I rise today in support of H. Res. 352, cluding the NAACP’s Roy Wilkins; accommodations. a resolution remembering and honoring Whitney Young of the Urban League; The march on Washington of 1963 was the march on Washington of August 28, my colleague, the gentleman from originally initiated by A. Philip Ran- 1963. Let me first thank the Members Georgia (Mr. LEWIS), then of the Stu- dolph, who was an activist and founder of Congress on both sides of the aisle dent Non-violent Coordinating Com- of the Brotherhood of Sleeping Car who have worked together in the best mittee; and it was here that the Rev- Porters. He, 22 years earlier, had spirit of bipartisanship in order to erend Dr. Martin Luther King, Jr., de- planned a march on Washington in 1941 bring this important resolution to the livered a speech that has changed with the purpose to focus the attention floor of the House in short order: the America, a speech that captured the of the American public and the world gentleman from Virginia (Mr. TOM idea that is America, asking why our that African Americans needed more DAVIS), chairman; and the gentleman country was failing to keep its promise jobs and equal protection under the from California (Mr. WAXMAN), the to treat all men as equals. law. ranking member of the Committee on The ‘‘I Have A Dream’’ speech, deliv- This march was extremely close to Government Reform; the gentleman ered at the Lincoln Memorial is pas- occurring until just before the day of from Missouri (Mr. BLUNT), the major- sionate, it is reasoned, and it has made it. Mr. Randolph met with President ity whip; the gentleman from Maryland a difference. Franklin Delano Roosevelt and he (Mr. HOYER), the Democratic whip; the Mr. Speaker, the march on Wash- agreed to issue an executive order de- gentlewoman from California (Ms. ington was the largest political dem- claring that ‘‘there shall be no dis- PELOSI), Democratic leader; and the onstration in our Nation’s history at crimination in employment of the race, gentleman from Illinois (Speaker the time. It was an awesome display by creed color or national origin.’’ HASTERT). thousands of people who loved and Executive Order 8802 represented the I would also like to recognize from craved freedom, and above all else, peo- United States Government’s most our staffs Howard Moon, Jerry Hart, ple who deserved freedom. The three stringent civil rights action since the Kyle Nevins, Seth Webb, Rob Cogorno, major television networks aired the post-Civil War Reconstruction era. Tania Shand, Keith Ausbrook and Phil speeches at the memorial and the event In return for this agreement with Barnett for their attention to this im- captivated the world. Forty years President Roosevelt, Mr. Randolph portant resolution in working together later, it is appropriate that this House called off the protest march. to move it through committee and to take time to remember what a power- Mr. Randolph and his colleague, Bay- the floor expeditiously. ful day that late summer afternoon in ard Rustin, met with labor and civil Mr. Speaker, in the spring and the August 1963 was for Americans who rights leaders to plan the march on summer of 1963, 100 years after the wanted to end racism. Washington that included nine designing of the Emancipation Proclama- Mr. Speaker, I commend the gen- mands. I think it is important that we tion, the ‘‘big six’’ civil rights leaders, remember those. tleman from Georgia (Mr. BISHOP) for Dr. Martin Luther King, Jr., James One, passage of a meaningful civil introducing such a worthwhile measure Farmer, Whitney Young, Roy Wilkins, rights legislation at this session of that remembers the march on Wash- A. Philip Randolph and our esteemed Congress with no filibustering. colleague, the gentleman from Georgia ington in 1963. I urge all Members to Two, immediate elimination of all (Mr. LEWIS), now a Member of Con- support its adoption. racial segregation in public schools Mr. Speaker, I reserve the balance of gress, convened to plan a peaceful mass throughout the Nation. protest against the racial and civil my time. Three, a big program of public works rights injustices that were widespread Mr. DAVIS of Illinois. Mr. Speaker, I to provide jobs for all the Nation’s unat that time. This historic event, the yield myself such time as I may con- employed, including job training and a largest U.S. demonstration ever assem- sume. placement program. Mr. Speaker, the march on Wash- Four, a Federal law prohibiting ra- bled to that point, featured Dr. King’s ington, August 28, 1963 marks a corner- cial discrimination in hiring workmen, famous and historic ‘‘I Have a Dream’’ stone in American history and espe- either public or private. speech, which challenged Americans to cially in African American history. It Five, $2 an hour minimum wage answer the call of the United States was a movement towards civil rights across the board Nationwide. Constitution: I have a dream that one whose purpose was to embrace freedom Six, withholding of Federal funds day this Nation will rise up and live and justice for all. from programs in which discrimination out the true meaning of its creed: that The civil rights movement has had a exists. all men are created equal. These words long and difficult journey from slavery Seven, enforcements of the 14th helped to spark and fuel the movement to today. Part of this journey in his- amendment, reducing congressional that transformed the state of race rela- tory towards equal justice is high- representation of States where citizens tions and civil rights in America for- lighted with Abraham Lincoln, our are disenfranchised. ever. 16th President of the United States. On Eight, a broadened Fair Labor Stand- How did it all begin? In response to January 1, 1863, he signed the Emanci- ards Act to include currently excluded the blatant discrimination that had be- pation Proclamation document that employment areas. come a constant hardship in the lives declared many slaves to be free, but it Nine, authority for the Attorney of African American workers, A. Philip did not end slavery. It took the 13th General to substitute injunctive suits Randolph, president of the Brotherhood

VerDate jul 14 2003 02:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.024 H16PT1 H8236 CONGRESSIONAL RECORD — HOUSE September 16, 2003 of Sleeping Car Porters, was the first action for America and the world that we call the Beloved Community, a true to call for a march on Washington back we benefit from today. I urge my col- interracial community, a community in 1941. Twenty-plus years later, the leagues to stand with me in support of at peace with itself. event was planned in direct response to this resolution. All of us, 40 years later, black and the tragic events of the spring and Mr. DAVIS of Illinois. Mr. Speaker, white, Hispanic, Asian and Native summer of 1963 in which more than it is now my pleasure to yield 4 min- American, must pull together for the 20,000 U.S. citizens were arrested and utes to the gentleman from Georgia common good. This was our mission detained while nonviolently protesting (Mr. LEWIS) who has been referred to as then. This is our mission, and this is notable injustices, including police one of the ‘‘big six’’ in 1963, but he is our calling now. dogs attacking peaceful demonstrators even bigger in 2003. If we reach the Beloved Community, in Birmingham, the tragic assassina- Mr. LEWIS of Georgia. Mr. Speaker, where we are one Nation, one people, tions of civil rights activists, the lack I want to thank my friend and col- one house and one family, we would of congressional support for President league the gentleman from Illinois (Mr. come to the end of a march that our Kennedy’s civil rights bill that aimed DAVIS) for yielding the time. Nation started some 40 years ago. to end discrimination against African I also, Mr. Speaker, want to thank In closing, Mr. Speaker, there was so Americans in the workplace, voting my good friend and colleague from the much hope, there was so much opti- booths and schools and all other public State of Georgia (Mr. BISHOP) for bring- mism when we left Washington 40 years domains. ing this resolution to the floor. I think ago, but 18 days after the march on As a direct result of the march, Dr. it is so fitting and appropriate to pause Washington some of that hope, some of King’s historic speech and the move- and take note of the march on Wash- that optimism was shattered. Forty ment, they spawned the Civil Rights ington 40 years later. years ago yesterday, September 15, Act of 1964 and the Voting Rights Act 250,000 Americans gathered on the 1963, was a terrible bombing of a of 1965 came to fruition, effectively Mall and listened to Martin Luther church in Birmingham where four lit- ending segregation and ensuring voting King, Jr. say, I have a dream, a dream tle girls were killed while attending rights for all Americans. today that is deeply rooted in the Sunday school on Sunday morning. Title VII of the Civil Rights Act out- American dream. This speech, this We did not give up. We did not give lawing discrimination in employment, march, created the climate to make in. We did not give out. We did not be- housing, public accommodations, inter- our Nation a better place. We have come bitter. We did not get lost in a state commerce, all of these were ex- come a great distance since that time. sea of despair. We kept fighting, we panded later as a result of the march to Forty years ago, in much of the kept pushing, and we kept pulling to include protections for women against American South, racial segregation make our democracy better, to open up discrimination and for the disabled. was alive and well. Blacks could not at- our democracy and let all of our people So we come together today, 40 years tend the same schools as whites. We come in. later, to celebrate freedom, to cele- could not eat at the same restaurants. I thank the gentleman for yielding brate justice, to celebrate equality for We could see the signs that divide our time to me. all Americans for which this historic Nation: White men, Colored men. Mr. DAVIS of Illinois. Mr. Speaker, march was indeed a catalyst. Some call White women, Colored women. White it is my pleasure to yield 5 minutes to it an accident. Others call it fate. Some waiting, Colored waiting. the gentlewoman from the District of call it the human hand, some the hand In the spring and summer of 1963, as Columbia (Ms. NORTON), another person of God. Which it is I will not argue, but the gentleman from Georgia (Mr. who was at that march and has been something strange, something inex- BISHOP) said, people were being beaten, marching since. plicable, something mysterious, some- jailed and even killed for participating Ms. NORTON. Mr. Speaker, I very thing almost miraculous happened on in nonviolent protest. Millions of much appreciate the leadership of the that day when Dr. King was able to Americans could not register to vote gentleman from Illinois and his coun- stand before thousands and thousands because of the color of their skin. In terpart on the other side of the aisle and to articulate the aims and the as- Birmingham, Alabama, the commis- for her leadership in bringing forward pirations of the masses, not just in sioner of police, Eugene Bull Connor, this important resolution. these United States, but all across the used attacks dogs and fire hoses on I want to recognize the leadership of world in their quest for freedom. Some- peaceful, nonviolent protestors. In the two gentlemen from Georgia, of the thing happened and today we are grate- State of Mississippi, NAACP leader gentleman from Georgia (Mr. BISHOP) ful because we all are the beneficiaries Medgar Evers was assassinated. who is the sponsor of this resolution of what happened that fateful day. We had come to Washington to say to for stepping forward with a resolution Yes, some call it an accident. Others the President and Members of Congress that belongs on the floor, and, of fate, some the hand of God, others the that America must change. We had to course, the gentleman from Georgia hand of man. Which it is I will not do something to dramatize the sense of (Mr. LEWIS) who has just spoken, who argue, but I will say that on this day, urgency. Mr. Speaker, I can never, and led a commemoration in Statuary Hall this Congress, in the form of this reso- I will never, forget that day as I stood for the 40th anniversary of the march lution, has an opportunity to say and looked out on the Mall and saw a before recess, and who is the last re- thank you, thank you to Dr. King, sea of humanity. It was a feeling that maining living leader of the civil rights thank you to James Farmer, to Whit- America was going to change and march on Washington. He led us, who ney Young, to Roy Wilkins, to A. Phil- change forever. were then members of the Student ip Randolph, and to our good friend and Back in 1963 we did not have a fax Nonviolent Coordinating Committee, colleague, the gentleman from Georgia machine, a Web site, a cellular tele- as a very young, the younger leader (Mr. LEWIS) and all who participated in phone. We did not even have a com- then, and he continues in that role as this monumental and historic event for puter. We stood on the Constitution, on one of America’s preeminent civil blazing a trail of freedom and equal the Bill of Rights. We used our feet, rights leaders today. rights under the law that lives on and we put our bodies on the line. We I do not think this is an occasion for today and hopefully will live on even live in a different country, in a much doing what people around the country better tomorrow. better country because of the march on have been doing all through August, In the words of Dr. Martin Luther Washington. were you there. Of course, we were King, Jr., ‘‘Now is the time to open the I say today, 40 years later, we must there, and people really think about doors of opportunity to all of God’s recall the passion and spirit of that being there in a way they ask where children. Now is the time to lift our march. We must recapture the spirit as were you when John F. Kennedy was Nation from the quicksands of racial a Nation and a people. We must make killed. They remember where they injustice to the solid rock of brother- this spirit part of our thoughts, our ac- were then or where were you on Sep- hood.’’ tion and our lives. If we do this, we can tember 11. The march on Washington is Thank God, Mr. Speaker, for that make Dr. Martin Luther King, Jr.’s like that for millions of Americans, call to conscience, to morality and to dream come true. We can build what where were you, and people like to say

VerDate jul 14 2003 02:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.026 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8237 I was there, and of course, people are criminal justice system where a whole cans would no longer wait patiently for civil very proud of having been there be- generation of young black men are rights to be delivered and practiced in society, cause it was the first civil rights march being locked up for minor drug of- but that they were demanding that the federal for equality in the history of the fenses, killing the black family in our government take bold steps to ensure that the United States here in Washington. community; health care. Constitution’s promise was delivered to all I was there as a law student, a staff We can move on to these challenges. Americans; that they would no longer be sec- member of the march on Washington. We have 38 African American Members, ond-class citizens. Frankly, this is not a time for nos- and we can move on to these challenges The words of Dr. Martin Luther King Jr. con- talgia. I think that grand occasions because the civil rights movement tinue to resonate today and to serve as an in- like this, when we commemorate a moved us on, the overriding challenge spiration for his generation and future genera- change-making event like a march on of equality under law. There is much to tions to create a society in which all are treat- Washington, are occasions for taking be done even to that reality, equality ed equally because we are all created equal. stock, the distance traveled, the dis- under law; but the resolution we honor I want to especially commend the work of tance to go. today, the 40th anniversary of the Congressman JOHN LEWIS, my friend and col- Nothing could have been more mov- March on Washington, should send us league, who spoke on that day and who con- ing than the events around the 40th an- first into reflection about moving to- tinues to inspire others and to fight for justice niversary, our own commemoration, ward the completion of the job of lay- everyday. here in the House, the moment the gen- ing aside our racial past and moving on The resolve of the speakers, the sheer number of marchers, the strong commitment to tleman from Georgia (Mr. LEWIS) will into a period of full equality. nonviolence, and the intensity of the sentiment remember when he and Mrs. King and I Mr. DAVIS of Illinois. Mr. Speaker, I on that day created an energy that spread unveiled that stone marker and saw for yield myself such time as I may con- throughout the country in the coming months the first time the marker where Martin sume. and years. It allowed all Americans to see the Luther King spoke before, now on the Mr. Speaker, I know that the gentle- struggle for civil rights articulated in a manner Lincoln Memorial. Three of Reverend woman from Texas (Ms. EDDIE BERNICE that was uninterrupted by violence and chaos King’s four children were there, the JOHNSON), the gentleman from New and was highlighted by peace and unity and very four children he spoke of in that York (Mr. OWENS), the gentlewoman strength. from California (Ms. LEE), the gen- speech on August 28, 1963. The March gave life to a Movement that tleman from South Carolina (Mr. CLY- This is an occasion, if one is a Mem- continues to manifest itself today. While the BURN), and the gentlewoman from ber of the House of Representatives, for March was successful in helping to pass the Texas (Ms. JACKSON-LEE) had all in- looking at how the world has changed Civil Rights Act of 1964 and the Voting Rights tended to be here to make comments since then and how the civil rights Act of 1965, the fight for justice and equality movement has changed our world. on this resolution. Unfortunately, they is far from over. Today we are fighting to hold When the march was held, essentially were not able to make it, but I wanted on to our civil liberties as the Bush administra- African Americans had carried one de- to make sure that their hopes and aspi- tion works to chip away at our right to privacy, mand, one single demand for the more rations were entered into the RECORD. free speech, and freedom of religion. Immi- Mr. Speaker, I thank the gentle- than hundred years since the civil war. grants, the people who bring diversity and It was not a plethora of issues we had woman from Tennessee (Mrs. strength to our nation, must fight to live free before us. It was one demand: Enact BLACKBURN) for an opportunity to work from harassment as the administration advo- into law, country of mine, equality with her as we brought this resolution cates unfair and discriminatory policies against unto law. That is all. to the floor. As has been indicated, them. People of color continue to fight for the After that march, that happened, the September of this year, as we look opportunity to get a good education and to be 1964 Civil Rights Act. Little did I know back 40 years ago to August on that treated fairly by the criminal justice system then that I would come to enforce a great day, none of us who are around while President Bush opposes affirmative ac- section of that Act, Title VII, as Chair will ever forget that march. None of us tion. Low-income working families fight for fair of the Equal Employment Opportunity who were alive can forget the vibrancy treatment under the tax code as Republican Commission 15 years later. The 1965 that there was in the air, the hopes, Congressional leaders continue to deny them Voting Rights Act, perhaps the most the dreams, the aspirations. It is a day the child tax credit. And many, including elder- important because it empowered Afri- to long remember as we continue to ly adults, persons with disabilities, and people can Americans to do what they had to march, not one day but to continue to of color, continue to fight for the right to have do for themselves; and the 1968 Fair march until freedom, justice, and their vote count while our nation’s election Housing Act. equality exist for all in this great Na- system has yet to catch up and meet the Actually, much of the legislative tion. needs of all of America’s voters. agenda of black America has been ac- Mr. Speaker, I yield back the balance Today, we remember the people who were complished if we think about actual of my time. at the March on Washington forty years ago— laws that need to be written to say Mrs. BLACKBURN. Mr. Speaker, I their perservance, their commitment to justice thou shalt not discriminate. We will yield myself such time as I may con- and nonviolence, their courage, their hope, have a hard time thinking about it. sume. and their success. But we must do more than Most of our time will be spent on en- Again, I congratulate the gentleman just remember; we must use their example to forcement. from Georgia for introducing this continue the struggle today until Dr. King’s There is one I hope this House thinks meaningful legislation, and I urge all dream of equality truly comes to life for all about and that is a law that should be Members to join us in adoption of who live in the United States. attached to the Transportation Bill House Resolution 352. Ms. JACKSON-LEE of Texas. Mr. Speaker, outlawing racial profiling. Ms. SCHAKOWSKY. Mr. Speaker, I rise as Martin Luther King, III said, on the 40th An- today in support of H. Res. 352, a resolution niversary of the historic march, of the objec- b 1515 honoring the March on Washington of August tives of his great father, the late Reverend Dr. Mr. Speaker, that is the single exam- 28, 1963, a turning point in the long road to Martin Luther King, Jr. to eradicate poverty, ple of overt discrimination left unat- justice and equality. In the struggle for civil racism, militarism, and violence, although we tended in our laws. But while we had rights, the March will forever hold a place in have, with Dr. King’s leadership, made enor- one challenge and I can tell Members American history, and in the eyes of the world, mous strides, these issues are ‘‘still very much that staff had no problem coming up as a day that showed that individuals united in our midst.’’ People of African-American, with that idea at the March on Wash- can affect change and progress without vio- Latino, Asian, European, and all races enjoy ington, today if I would ask what is the lence. benefits of the struggle endured by the Civil one demand of the civil rights move- On that hot August day forty years ago, Rights heroes who marched in Washington, ment, Members would say wait one mo- thousands of people converged on our na- DC on August 28, 1963. The blood, sweat, ment, and then go down a whole list of tion’s capital to stand up for civil rights, work- and tears shed by them have given us the demands because we can now come for- ers’ rights, voting rights, equality in education, ability to get even closer to ‘‘the Promised ward with those demands: economic and fair pay. They marched for equality with a Land’’ spoken of by the great Reverend Doc- parity; educational opportunities; the unified message that they as African-Ameri- tor. The ‘‘I Have a Dream’’ speech of that

VerDate jul 14 2003 02:47 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K16SE7.028 H16PT1 H8238 CONGRESSIONAL RECORD — HOUSE September 16, 2003 man, along with those of A. Philip Randolph of the late U.N. High Commissioner for Human Televised worldwide, the march brought to the Brotherhood of Sleeping Car Porters, Roy Rights, Sergio Vieira de Mello, I would much the world the continuing social and economic Wilkins of the NAACP, Whitney Young of the rather we now bring him, and the other brave discrimination faced by African Americans, as National Urban League, James Farmer of the individuals whom we lost, home to their fami- well as the inspirational words of many lead- Congress of Racial Equality (CORE), and lies in celebration of peace and a successful ers of the Civil Rights movement, like the Congressman John Lewis then of the Student mission. great Martin Luther King Jr., and my dear Nonviolent Coordinating Committee (SNCC) Moreover, our brothers and sisters in Libe- friend and colleague, Congressman John still resonate in my mind and the minds of a ria, who have reached the first stage of the Lewis. multitude of people who share ‘‘the Dream.’’ establishment of a democratic and humane Looking out upon the masses gathered We celebrated and commemorated that his- society, must receive the assistance and man- around the Lincoln Memorial, Dr. King’s deliv- toric march by ‘‘re-living the day’’ both in power that are required. It is an atrocity that, ered his now immortalized ‘‘I Have a Dream Washington and in Houston, Texas; however, in the international community, there are par- Speech’’ which proved to be the focal point of it was far from the celebration of a victory hav- ties that are armed with the tools and the the march that day. ing been won. We still have an uphill battle to knowledge necessary to bring stability to that Speaking of the impetus for the march, Dr. fight with respect to racism, bigotry, unemploy- nation who have made but minimalist ap- King said: ment and disparate employment trends. proaches to date. The U.N., ECOWAS troops, We have come here today to dramatize an The U.S. has an unemployment rate of and other commissioned officials need help in appalling condition. In a sense we have come 6.2%, up from 5.9% last year. African Ameri- building infrastructures of government and to our nation’s capital to cash a check. When cans have had their highest unemployment health. the architects of our republic wrote the mag- rate ever in June and July of 2003 at 12%, Furthermore, the suffering and death by the nificent words of the Constitution and the compared to their White counterparts at 5.6% cruel pandemic effects of HIV/AIDS and fam- Declaration of Independence, they were signing a promissory note to which every Amer- and 5.5% respectively. This illustrates that the ine in Ethiopia, Zambia, and South Africa are unspeakable. I had the opportunity to witness ican was to fall heir. task of our Civil Rights heroes is far from com- This note was a promise that all men plete. According to the Urban League Report these atrocities first-hand on a Congressional would be guaranteed the inalienable rights of this year, one-third of Black families are near Delegation with Congresswoman BARBARA life, liberty, and the pursuit of happiness. It or below the poverty line, leading to a social LEE. Each child, mother, and father in these is obvious today that America has defaulted impasse in the 21st century until crime is mini- regions has a right to eat, to survive, and to on this promissory note insofar as her citi- mized, political respect is had, and their eco- see tomorrow. Severe drought and inadequate zens of color are concerned. Instead of honoring this sacred obligation, America has nomic power fully utilized. agricultural policy are not their fault. Promis- cuity and prostitution without protection are given the Negro people a bad check which The phrase ‘‘A voteless people is a hope- has come back marked ‘‘insufficient funds.’’ less people’’ has as much relevance to minori- begotten from hunger and suffering. Their lack of education only exacerbates their proclivity But we refuse to believe that the bank of jus- ties now as it did 40 years ago, which is tice is bankrupt. We refuse to believe that amazing given the technological and social to live a high-risk lifestyle in these regions. there are insufficient funds in the great advancements that we now have. In many re- Again, the international community can eradi- vaults of opportunity of this nation. cate these problems by joining hands and spect it is an embarrassment and disrespect The disconnect between white America and marching forward bearing combined resources to the great Civil Rights leader that some peo- people of color regarding the issues of social ple now do not vote or are constrained in their and expertise. This celebration and commemoration of the and economic freedom and opportunity that right to vote in some fashion. As I’m sure you Historic March also paid homage to other Dr. King spoke so eloquently about remains all are well aware, the redistricting dilemma great pioneers who have recently passed on. with us today, as does that same optimism which we face in the Texas legislature and in The life and accomplishments of the late and sense of urgency that pervaded his the Federal Government exemplifies that the Mayor Maynard Jackson, Jr. bestowed upon speech and the march that day. fundamental right to vote still remains vulner- many minorities the opportunity to compete To be sure, substantial progress has been able to abuse and manipulation by those who and succeed in building a prosperous small made in the 40 years since the march took do not truly respect it. Furthermore, language, business. Similarly, the late Gregory Hines place. But clearly we have a very long way to racial, and educational barriers continue to opened the doors for many minorities in enter- go before we can truly say that the ideals of preclude the most informed and truly ‘‘rep- tainment. We see the fruits of his inspiring the march have been met, particularly when resentative’’ voting process. Citizenship Work- achievements and the level of his excellence we talk about economic freedom and oppor- shops, which I recently introduced and plan to in performances of talented individuals such tunity for African Americans, the poor and hold in the near future to educate and to as- as Savion Glover. The 40th Anniversary cele- people of color. sist the Legal Permanent Residents in Hous- bration was about remembering the achieve- This is most clearly reflected in the labor ton in obtaining U.S. naturalization and there- ments of the Civil Rights Leaders, of individ- and employments statistics that are released fore perfected voting rights, will help to bridge uals who have shared their talents with the every month. In virtually all categories, African these gaps and open the barriers that hinder world, and from which we have all received Americans and Hispanics, have higher rates of the effectiveness of our system. gifts that enhance our enjoyment of everyday unemployment than their counterparts. In the area of human rights, we must fulfill liberties. The celebration was about expanding And we must equally warn that racism still the Reverend Doctor Martin Luther King, Jr.’s from and extrapolating these gifts to build a very much exists in this country today. Only dream of a nonviolent and peaceful world in better and more peaceful world. This celebra- now it is much more subtle and insidious than Israel. The latest news of the failing cease-fire tion was about embarking upon a whole new the discrimination we faced in the 60’s or that agreement in Israel, the continued battles, and journey, a whole new march that will not end which our parents before that. Discrimination constant fear of death by sniper or suicide until peace, unity, equality, and self-determina- is still about racial profiling by law-enforce- bombing make it clear that we have yet to tion are achieved for all of our brothers and ment. It is still about environmental injustice, ‘‘overcome.’’ Innocent people cannot enjoy sisters. which has become entrenched in our society their basic human right to live without terror, Ms. LEE. Mr. Speaker, I would like to thank by the unequal distribution of federal, state, and children die by the masses. The Road- my colleague from Georgia for introducing this and local funds which could provide needed map to Peace cannot perish, and neither important resolution that we are considering healthcare, education and housing services to should our efforts to maintain our journey on the House floor today. minority communities. And sadly as evidenced thereon. Over 40 years ago, hundreds of thousands by the recent 9th Circuit Federal Appeals Further evidence that we have yet to ‘‘over- of citizens marched together upon Washington Court ruling, it is still about voting rights—only come’’ can be found in Baghdad, Iraq. Our D.C. demanding two things, jobs and freedom. in this case the right to have our votes count- soldiers are beset by snipers and terrorists From all corners of our great nation people of ed equally. who threaten to attack them while their backs all races, ethnicities and all walks of life came So I close today by reminding my col- are virtually unprotected. They cannot secure to participate in a peaceful demonstration that leagues that there is still much, much more to peace alone, and they should not be charged would leave a lasting legacy upon our country. be done. Our march goes on, and will con- with that duty. The spirit of the Civil Rights The march on Washington—now forever tinue to go on until—in the words of Dr. Movement dictates that we reach out and join known as just the march—represented one of King—we can say ‘‘justice rolls down like wa- hands with the international community to those watershed moments in American history ters and righteousness like a mighty stream.’’ usher in peace together. Instead of having to that deserves to be remembered and com- Ms. EDDIE BERNICE JOHNSON of Texas. celebrate the martyrdom of heroes such as memorated by all of us. Mr. Speaker, I am here today to express my

VerDate jul 14 2003 03:38 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\A16SE7.024 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8239 support of H. Res. 352, a resolution to remem- POSTMASTERS EQUITY ACT OF ‘‘(B) in the circumstance described in sub- ber and honor the historic March on Wash- 2003 section (h)(1)(B), between the Postal Service ington of 1963. This 40th anniversary of the and the postmasters’ organizations (acting Mr. BURTON of Indiana. Mr. Speak- in concert) as represented by either or any of historic March on Washington and Dr. Martin er, I move to suspend the rules and the postmasters’ organizations involved.’’. Luther King’s universally famous ‘‘I Have a pass the Senate bill (S. 678) to amend (d) THRIFT ADVISORY COUNCIL NOT TO BE Dream’’ speech is a bittersweet moment. chapter 10 of title 39, United States AFFECTED.—For purposes of section 8473(b)(4) I would like to especially thank my col- Code, to include postmasters and post- of title 5, United States Code— league, Representative SANFORD BISHOP for masters organizations in the process (1) each of the 2 or more organizations re- sponsoring this resolution. For many, Dr. for the development and planning of ferred to in section 1004(h)(1)(B) of title 39, King’s dream has not come to fruition. It re- certain policies, schedules, and pro- United States Code (as amended by subsection (b)) shall be treated as a separate or- mains unfulfilled. As thousands gather from grams, and for other purposes. The Clerk read as follows: ganization; and around the nation and the globe to reenact the (2) any determination of the number of in- fabled march and to rehearse the words of the S. 678 dividuals represented by each of those re- visionary civil rights leader, we will celebrate Be it enacted by the Senate and House of Rep- spective organizations shall be made in a the tremendous strides the nation has made resentatives of the United States of America in manner consistent with the purposes of this on the issues of race, equality and social jus- Congress assembled, subsection. tice during the past forty years. SECTION 1. SHORT TITLE. SEC. 3. EFFECTIVE DATE. This Act may be cited as the ‘‘Postmasters However, as the leaders and representa- The amendments made by this section Equity Act of 2003’’. shall take effect 60 days after the date of the tives of more than 500 organizations con- SEC. 2. POSTMASTERS AND POSTMASTERS’ ORGA- enactment of this Act. verged at the Lincoln Memorial, we are also NIZATIONS. The SPEAKER pro tempore. Pursu- reminded that the ‘‘Dream’’ Dr. King so elo- (a) PERCENTAGE REPRESENTATION REQUIRE- ant to the rule, the gentleman from In- quently articulated is still beyond the aspira- MENT.—The second sentence of section 1004(b) of title 39, United States Code, is diana (Mr. BURTON) and the gentleman tions and the grasp of millions of our citizens. amended— from Illinois (Mr. DAVIS) each will con- They have been left behind and are left out of (1) by inserting ‘‘that an organization trol 20 minutes. the ‘‘Great American Dream.’’ (other than an organization representing su- The Chair recognizes the gentleman pervisors) represents at least 20 percent of Forty years later, some 13 million children in from Indiana (Mr. BURTON). this country do not have enough food to eat. postmasters,’’ after ‘‘majority of super- GENERAL LEAVE Four decades later 41.2 million people lack visors,’’; and (2) by striking ‘‘supervisors)’’ and inserting Mr. BURTON of Indiana. Mr. Speak- health insurance. As the economy shows cer- ‘‘supervisors or postmasters)’’. er, I ask unanimous consent that all tain signs of recovery, more than 9.6 million (b) CONSULTATION AND OTHER RIGHTS.—Sec- Members may have 5 legislative days Americans still cannot find jobs. Matters are tion 1004 of title 39, United States Code, is within which to revise and extend their even worse in minority communities. The Afri- amended— remarks on S. 678. can-American unemployment rate hovers at (1) by redesignating subsection (h) as subsection (i); and The SPEAKER pro tempore. Is there 11.1 percent compared to 5.5 percent for objection to the request of the gen- whites. (2) by inserting after subsection (g) the following: tleman from Indiana? Forty years ago we said, ‘‘I have a dream!’’ ‘‘(h)(1) In order to ensure that postmasters There was no objection. Today, we say, ‘‘How long will we suffer injus- and postmasters’ organizations are afforded Mr. BURTON of Indiana. I yield my- tice in America?’’ The American people are in the same rights under this section as are af- self such time as I may consume. jeopardy of losing 50 years of progress in civil forded to supervisors and the supervisors’ or- Mr. Speaker, S. 678, the Postmasters rights and civil liberties. ganization, subsections (c) through (g) shall be applied with respect to postmasters and Equity Act, was introduced by the dis- In fact, under the guise of the PATRIOT Act postmasters’ organizations— tinguished Senator from Hawaii, Sen- we are experiencing a rollback of these hard- ‘‘(A) by substituting ‘postmasters’ organi- ator DANIEL AKAKA, and it gives our earned rights. Elections have been stolen and zation’ for ‘supervisors’ organization’ each Nation’s most valued postmasters the voting rights have been denied. place it appears; and same options available to postal super- In Texas, a proposed redistricting plan ‘‘(B) if 2 or more postmasters’ organiza- visors when negotiating pay and bene- tions exist, by treating such organizations as fits with the U.S. Postal Service. My would disenfranchise minority voters across if they constituted a single organization, in the state. accordance with such arrangements as such colleague on the Committee on Gov- Mr. Speaker, I encourage all my colleagues organizations shall mutually agree to. ernment Reform, the gentleman from to take the time to acknowledge the 40th anni- ‘‘(2) If 2 or more postmasters’ organiza- New York (Mr. MCHUGH), who is the versary of the event that affords all of us an tions exist, such organizations shall, in the chairman of the special panel on Postal opportunity to rededicate and to recommit our- case of any factfinding panel convened at the Reform and Oversight, introduced an request of such organizations (in accordance identical bill, H.R. 2249, which passed selves to the vision articulated by Dr. King. with paragraph (1)(B)), be jointly and sever- Like Dr. King, we can say: ‘‘. . . That in spite ally liable for the cost of such panel, apart this House back in July; and I am of the difficulties and frustrations of the mo- from the portion to be borne by the Postal proud to be a cosponsor of that bill, ment, I still have a dream.’’ Service (as determined under subsection and I am pleased the House is consid- Mrs. BLACKBURN. Mr. Speaker, I (f)(4)).’’. ering the Senate version of that bill (c) DEFINITIONS.—Subsection (i) of section yield back the balance of my time. today. 1004 of title 39, United States Code (as so re- This legislation extends to post- The SPEAKER pro tempore (Mr. designated by subsection (b)(1)) is amended— masters and other nonunion postal em- SIMPSON). The question is on the mo- (1) in paragraph (1), by striking ‘‘and’’ tion offered by the gentlewoman from after the semicolon; ployees the fact-finding procedures already established under current law for Tennessee (Mrs. BLACKBURN) that the (2) in paragraph (2), by striking the period House suspend the rules and agree to and inserting a semicolon; and postal supervisors. This process allows (3) by adding after paragraph (2) the fol- the resolution, H. Res. 352. for an unbiased review of issues in dis- lowing: pute during negotiations, as well as the The question was taken. ‘‘(3) ‘postmaster’ means an individual who ability to issue nonbinding rec- The SPEAKER pro tempore. In the is the manager in charge of the operations of ommendations to resolve those issues. opinion of the Chair, two-thirds of a post office, with or without the assistance of subordinate managers or supervisors; Currently, without this right, post- those present have voted in the affirm- masters lack any form of recourse ative. ‘‘(4) ‘postmasters’ organization’ means an organization recognized by the Postal Serv- when pay talks under the consultation Mr. DAVIS of Illinois. Mr. Speaker, ice under subsection (b) as representing at process fail. on that I demand the yeas and nays. least 20 percent of postmasters; and Based on the 38,000 post offices across The yeas and nays were ordered. ‘‘(5) ‘members of the postmasters’ organi- the country, postmasters provide an es- The SPEAKER pro tempore. Pursu- zation’ shall be considered to mean employ- sential link to the Federal Government ees of the Postal Service who are recognized ant to clause 8 of rule XX and the under an agreement— and to other nations’ citizens. This bill Chair’s prior announcement, further ‘‘(A) between the Postal Service and the provides essential fairness to post- proceedings on this motion will be postmasters’ organization as represented by masters, and this legislation has al- postponed. the organization; or ready unanimously passed the Senate

VerDate jul 14 2003 05:00 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A16SE7.027 H16PT1 H8240 CONGRESSIONAL RECORD — HOUSE September 16, 2003 and unanimously passed the House in Mr. Speaker, I would like to con- dren Jonathan, Jennifer, and Polly, and his its House version. I am very pleased gratulate the gentleman from Illinois grandchildren Beau, Chelsea, Asher, Demi, that this legislation will soon be on the (Mr. DAVIS) for cosponsoring this bill and Elle; President’s desk and enacted into law, and for all of the hard work he has put (2) expresses its profound gratitude to Frank O’Bannon for the services that he ren- and I want to commend the Senator in on this and a lot of other pieces of dered to the Nation in the Air Force, the In- from Hawaii and the gentleman from legislation before the committee. diana State Legislature, and as Governor of New York (Mr. MCHUGH) for their dili- Mr. Speaker, I thank Senator AKAKA Indiana; and gence on the Postmasters Equity Act for introducing this important bill and (3) recognizes with respect Frank and for their support. I urge all Mem- the gentleman from New York (Mr. O’Bannon’s integrity, steadfastness, and loy- bers to support its passage. MCHUGH) for his hard work. I urge all alty to the State of Indiana and to the Mr. Speaker, I reserve the balance of Members to support the passage of Sen- United States. my time. ate bill 678. The SPEAKER pro tempore. Pursu- Mr. DAVIS of Illinois. Mr. Speaker, I Mr. Speaker, I yield back the balance ant to the rule, the gentleman from In- yield myself such time as I may con- of my time. diana (Mr. BURTON) and the gentleman sume. The SPEAKER pro tempore. The from Illinois (Mr. DAVIS) each will con- Mr. Speaker, as a member of the question is on the motion offered by trol 20 minutes. Committee on Government Reform, I the gentleman from Indiana (Mr. BUR- The Chair recognizes the gentleman am pleased to join my colleague, the TON) that the House suspend the rules from Indiana (Mr. BURTON). gentleman from Indiana (Mr. BURTON), and pass the Senate bill, S. 678. Mr. BURTON of Indiana. Mr. Speak- in consideration of S. 678, the Post- The question was taken. er, I yield myself such time as I may masters Equity Act of 2003. The SPEAKER pro tempore. In the consume. S. 678 was introduced on March 20, opinion of the Chair, two-thirds of Mr. Speaker, I met Frank O’Bannon, 2003, by Senator DANIEL AKAKA. This those present have voted in the affirm- our now-deceased Governor, I met his measure would amend chapter 10 of ative. father back in the late 1960s when I title 39 to include postmasters and Mr. BURTON of Indiana. Mr. Speak- served with his father in the Indiana postmasters’ organizations in the proc- er, on that I demand the yeas and nays. State Senate. His father was editor and ess for the development and planning The yeas and nays were ordered. publisher of a newspaper in Corydon, of pay policies and benefits. The SPEAKER pro tempore. Pursu- Indiana; and he was one of the finest S. 678 is cosponsored by 39 Senators, ant to clause 8 of rule XX and the men I ever served with. He was a real including the chairman and the rank- Chair’s prior announcement, further gentleman. Even though we had our ing member of the Senate Government proceedings on this motion will be differences, Governor O’Bannon’s fa- Affairs Committee, Senator SUSAN postponed. ther was a wonderful man. COLLINS and Senator JOSEPH f Mr. Speaker, we know a lot about LIEBERMAN. On July 25, the Senate people by their children. And although EXPRESSING PROFOUND SORROW Governmental Affairs Committee I knew Senator O’Bannon, Governor FOR DEATH OF INDIANA GOV- unanimously approved S. 678, the Post- O’Bannon’s father, very well, I was not ERNOR FRANK O’BANNON AND masters Equity Act of 2003. sure about what kind of family man he EXTENDING THOUGHTS, PRAY- The bill was amended to substitute was. But then I met his son who be- ERS, AND CONDOLENCES TO the language of the House bill, H.R. came Senator after his dad retired, and FAMILY, FRIENDS, AND LOVED 2249, sponsored by me and the gen- Senator Frank O’Bannon was also one ONES tleman from New York (Mr. MCHUGH). of the finest men I ever served with in H.R. 2249 had been reported earlier out Mr. BURTON of Indiana. Mr. Speak- the Indiana State Senate. His brother, of the Committee on Government Re- er, I move to suspend the rules and Bob, who is a businessman in Indianap- form by voice vote. During the 1996 agree to the resolution (H. Res. 369) ex- olis, is also fine man. We know a lot Congress, President Carter signed into pressing the profound sorrow of the about people by their children, and law legislation creating a fact-finding House of Representatives for the death Governor O’Bannon was a wonderful process for resolving disputes over pay of Indiana Governor Frank O’Bannon man, and I am sure his mother was a and benefits and to make recommenda- and extending thoughts, prayers, and wonderful woman as well. tions to the Postal Service. It did not condolences to his family, friends, and Governor O’Bannon was revered by provide for arbitration of the disputes, loved ones. everyone who knew him, whether it and the recommendations were not The Clerk read as follows: was a Republican or a Democrat. He binding on the Postmaster General. H. RES. 369 was a very fine public servant, a man However, the law only applied to postal Whereas Frank O’Bannon devoted his en- who really cared about his fellow man supervisors, not postmasters. tire life to public service and to the people of and his civic responsibilities. He S. 678, like its House counterpart, the State of Indiana; learned that from his father and moth- H.R. 2249, would extend to the post- Whereas Frank O’Bannon dedicated his life er and worked hard in both the Indiana master the option of a fact-finding to defending the Nation’s principles of free- State Senate and as Governor. dom and democracy, serving in the Air Force Although we had political dif- panel to make nonbinding rec- from 1952 until 1954; ommendations to the Postal Service. Whereas Frank O’Bannon served 18 years ferences, I always admired him because Currently, when pay and benefit dis- in the Indiana State Senate and 8 years as he was a man of honor. If he gave you cussions between the Postal Service Lieutenant Governor of Indiana; his word, you could take it to the and postmasters fail, postmasters have Whereas, on November 5, 1996, Frank bank. He always said what he meant, no recourse and have to accept what is O’Bannon was elected the 47th Governor of and he meant what he said. We are offered by the Postal Service. Passage the State of Indiana, where he served until going to miss him in Indiana. of S. 678 would bring consistency in the his death on September 13, 2003; I will tell one little anecdote. Sen- Whereas Governor O’Bannon was a true ator O’Bannon sat directly in front of manner by which the two categories of friend to Indiana, and a gentle man of integ- postal managers negotiate with the rity, kindness, and good works; and me when I was a freshman when he was Postal Service over pay and benefits. Whereas Governor O’Bannon will be re- a State Senator. I was seated on the Mr. Speaker, I am proud to have been membered as a loving husband to his wife Democrat side, and he was the minor- a sponsor of this legislation. I urge Judy, and a devoted father to his 3 children ity leader for the Democrats in the swift adoption of this bill and com- and caring grandfather to his 5 grand- State Senate. He was such a nice guy mend Senator AKAKA for all of his hard children: Now, therefore, be it we would kid each other. One day I work on behalf of postmasters. Resolved, That the House of Representa- said, Senator, you are such a nice guy tives— and so intelligent and you read papers, Mr. Speaker, I yield back the balance (1) has learned with profound sorrow of the of my time. death of the Honorable Frank O’Bannon, I know you can read, I do not know Mr. BURTON of Indiana. Mr. Speak- Governor of Indiana, on September 13, 2003, why you do not become a Republican. er, I yield myself such time as I may and extends its condolences to the O’Bannon And he turned around and looked at me consume. family, especially to his wife Judy, his chil- without batting an eye; and he said you

VerDate jul 14 2003 03:38 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.031 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8241 have the same qualities, I do not know Mr. SOUDER. Mr. Speaker, I would acies and also his legacy of how a pub- why you do not become a Democrat. like to share a few thoughts about our lic servant should be in relationship to That was one of the more interesting Governor from Indiana for people out- other members of his party, of other and funny anecdotes I remember about side Indiana who are not as familiar parties, and to the people of Indiana. Governor O’Bannon. with him. That is why we are seeing this ex- He was a wonderful man. We are The past few days have been an out- tended outpouring of grief because we going to miss him in Indiana. I wish his pouring of grief and almost a celebra- are worried that the Nation is chang- wife the very best. I know she is suf- tion with the O’Bannon family about ing and we are losing the type of values fering a great deal, as well as the rest our Governor that is different than that Frank O’Bannon brought to gov- of his family right now; but I hope that anything I have seen in Indiana poli- ernment. Judy O’Bannon is doing well, and we tics. It is partly, I think, a transition Mr. DAVIS of Illinois. Mr. Speaker, I wish her the very best. She and her of an era. Frank O’Bannon represented yield 5 minutes to the Governor’s Con- family have our prayers. a different part of politics when it was gresswoman, the gentlewoman from In- b 1530 not quite as, how would you say, ag- diana (Ms. CARSON). gressive, it was not quite as negative. Ms. CARSON of Indiana. Mr. Speak- Mr. DAVIS of Illinois. Mr. Speaker, I He was a friend to everyone. Even when er, I thank the gentleman from Chi- yield myself such time as I may con- we had differences it was a different cago and certainly my colleague from sume. Mr. Speaker, Governor O’Bannon was type of relationship. Indiana for bringing forth this resolu- He came from the little town of in my congressional district when he tion today in tribute to a young man passed away. Certainly I would want to Corydon, which was our State capital. whose service to his family, to the extend on behalf of all of the people in As you would look at it, it would be a State of Indiana, and to this Nation is Chicago and the people of Illinois our picturesque vision of what Indiana was unsurpassed. sympathies to his family and to the when we started in southern Indiana The Governor just 3 weeks ago met people of Indiana. and moved to the north. And Indianap- the President at the airport in Indian- Mr. Speaker, Frank O’Bannon, the olis in the north has now the bulk of apolis when he came out to Indianap- 47th Governor of Indiana, died last the population and the bulk of the olis for disaster relief, and the Gov- week at the age of 73 from a stroke. power, but Corydon still represents ernor had just hosted the National After serving 18 years as Lieutenant kind of old Indiana. Governors’ Association there. Governor to Evan Bayh, Frank When he ran his campaign, no matter Frank O’Bannon was the type of guy O’Bannon was elected Governor of Indi- who his opponent was and no matter who gave of himself, who lived for a ana November 5, 1996, and was re- what kind of campaign they ran, he ran cause, not just because. Frank O’Bannon even in death con- elected on November 7, 2000. a Hoosier-roots type of a campaign. Frank O’Bannon’s two inaugurations You would see him and his wife on tributed his organs so that somebody as Governor made history. After he was their porch in Corydon. You would see else may have a quality of life. Since elected in 1996 he invited Indiana’s him talking with his grandkids. You his passing, I was telling his wife yes- fourth grade history students to wit- would see him talking and sending a terday, I spent an enormous amount of ness his inauguration, something no different signal than often is put forth time with the widow, ‘‘Wouldn’t it be Governor had ever done. Despite sub- in politics. It was a symbol of comfort great if Frank from on high could hear zero temperatures that day, hundreds much like Governor Bowen used to all of the attributes that are being of Hoosier schoolchildren for the first have, saying in Indiana we may not be given to him now that he did not hear time ever watched as their Governor flashy, we may not all have blow-dried when he was living?’’ was sworn in. hairdos, we may not be as slick as Unlike many other Governors in the After his 2000 reelection, Governor other people, but we are going to United States, he came under a great O’Bannon repeated his invitation to produce good, honest government that deal of pressure because of the eco- the fourth grade history students. This is going to continue to move Indiana nomic crisis that Indiana faced, a prob- time, however, the festivities were forward. lem over which he had no control and moved inside the RCA Dome in Indian- We are in a period of transition. And, had nothing in fact to do with it. But apolis. More than 25,000 students and interestingly, this man whose family time and time and time again he came visitors from across Indiana watched as was deeply rooted in early Indiana his- under a heap of criticism for Indiana’s the Governor was sworn in, making it tory and whose father had been a pub- woes. I think he reminds all of us that the largest gubernatorial inauguration lic servant, in addition to his normal even though we may not have control crowd in Indiana history. public service he realized that Indiana over something, it is unjust, it is like Although Governor Frank O’Bannon was in this transition period. And man’s inhumanity to man, to heap that was sometimes criticized by other law- while we sometimes disagreed on how kind of pain and frustration on an indi- makers for not being more assertive, best to do it, I think one of the things vidual who had done so much in im- he followed his own instincts for he will most be remembered for is his proving the lives of the people in the achieving consensus quietly. Born on commitment to education at a time State of Indiana. January 30, 1930, in Louisville, Ken- when Indiana is struggling with funds, I remember when Frank O’Bannon tucky, Frank O’Bannon devoted his en- like everybody else, and we have lim- first decided he wanted to be a Gov- tire life to public service and to the ited funds in education, to take those ernor. I was a member of the Indiana people of the State of Indiana. education funds right now and con- State Senate along with him. And be- Education, health care, building com- centrate them on getting kids able to cause EVAN BAYH decided he too want- munities, promoting public safety and read by age 3. ed to be the Governor at that time, economic development are the hall- He understood that if Indiana was Frank O’Bannon in his own genteel marks of Frank O’Bannon’s legacy as going to move forward, whether you way stepped aside and allowed our now Governor of Indiana. He taught those had the old Indiana or the new Indiana, junior Senator to become the Governor fourth grade students a valuable lesson whether you were kind of a comforting of Indiana and Frank yielded to be- in leadership, integrity and good grandfather figure like he has been in come the Lieutenant Governor in the works. Indiana, or a young slick politician State of Indiana. I was telling his wife Mr. Speaker, I reserve the balance of coming up, if we did not have basic yesterday that fate had undoubtedly my time. education in Indiana we weren’t going orchestrated that, because he was not Mr. BURTON of Indiana. Mr. Speak- to be able to compete with the States Governor just for 8 years, he was al- er, I yield 3 minutes to my colleague, around us and around the country. most Governor for 16 years. He served the gentleman from Indiana (Mr. He and his wife have a tremendous as Lieutenant Governor for 8 years and SOUDER). legacy of preserving Indiana landmarks almost completed 8 years as Indiana’s (Mr. SOUDER asked and was given per- of many different things. But I think Governor. mission to revise and extend his re- his effort to make sure that all kids Frank O’Bannon served over 6.15 mil- marks.) can read will be one of his major leg- lion people and he served them well.

VerDate jul 14 2003 03:38 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.034 H16PT1 H8242 CONGRESSIONAL RECORD — HOUSE September 16, 2003 Politics, economic situations, religious ner and helpmate, to the kids, Jennifer, Polly several impressions. First, Frank was a denominations all paled under Frank and Jonathan, it is my prayer that your pre- public servant, committed to working O’Bannon’s leadership. Today is a very cious memories of all that was so fine will help tirelessly on behalf of Hoosiers from difficult day for me, because I had so to sustain you through these mysterious days Michigan to the Ohio River. Second, much respect for Frank O’Bannon, but and hours of our farewell. when working with the Governor on then I remember the words of Eccle- FRANK issues such as the completion of Inter- siastes that reminds us that there is a You can do an article about Governor state 69 through Indiana, he proved time for all things. Frank O’Bannon, but you can’t do it justice, himself to be a visionary and a leader, Frank O’Bannon, I suppose, could not in any language I know. But I have to willing to address tough issues head- have continued to suffer, but God try. on, to do what is best for the entire would have it another way. Danny, In the prefaces of The 1600 Killers and State. Finally and most importantly, your hospital took great care of our Slander and Sweet Judgement, the two vol- Mr. Speaker, Governor O’Bannon was umes of my memoir, I wrote: ‘‘One of the Governor. I want to thank you and principal and principled inspirations for this in every circumstance a gentleman. In your hospital for that. They had one of work was the Honorable Frank O’Bannon, an era of declining civility, Frank the best neurosurgeons that this coun- forty-seventh governor of Indiana. He, his stood out for his warmth, his comity try has right there at Chicago hospital. wife Judy and his lieutenant governor, war- and good humor. So I want to thank you and yours. And hero Joe Kernan, brought a refreshing whole- I ask my colleagues today to lift the certainly to Judy O’Bannon, who has someness and down-to-earth wisdom to the O’Bannon family up in your prayers been a yeoman throughout this ordeal, people of Indiana, of whom I am privileged to that they might derive strength and who has been very stately, like a be one. The headline on The Indianapolis joy from God even as they pass through Star/News story that reported Frank’s 1996 these most difficult days. Mr. Speaker, stateswoman throughout the pain that Election was, ‘Nice guy finishes first.’ she and her family endure, my heart, Amen’’ I urge immediate passage of this reso- my prayers go out to Judy, to Jennifer, The name of our dearly departed governor lution. to Polly and to Jonathan. I know in is O’Bannon, but his face was not ‘‘the map Mr. DAVIS of Illinois. Mr. Speaker, I due time that pain will pass but pre- of Ireland;’’ it was the map of Indiana. His yield 4 minutes to the distinguished cious memories never fade into eter- voice inflections, the twinkle in his eyes, the gentleman from Indiana (Mr. VIS- nity. generous smile made him the personification CLOSKY). Mr. Speaker, I rise to share with my col- of all that is good in what we call Hoosier. (Mr. VISCLOSKY asked and was An old cake ad read and said, ‘‘Nobody given permission to revise and extend leagues and with the Nation just a glimpse of doesn’t like Sarah Lee.’’ Noboby didn’t like what Indiana has been going through in recent Frank. And nobody doesn’t like the super- his remarks.) days. latively eloquent Judy. Mr. VISCLOSKY. I thank the gen- Last week our Governor Frank O’Bannon, a Several years ago, Hoosier Congressman tleman for yielding me this time. gifted and gentle man on loan from God, suf- PETE VISCLOSKY was seated inside a banquet Mr. Speaker, it is with genuine sad- fered a massive stroke while hard at work for hall, awaiting the arrival of the principal ness and a very heavy heart that I rise Indiana. Through the week, as he lay stricken, speaker, the slightly behind schedule, then- today in support of the resolution in we thought of him, remembered him, worried Lt. Governor Frank O’Bannon. Suddenly, honor of Indiana Governor Frank someone told PETE that his nearly octoge- about him and prayed for him. Then, on Satur- O’Bannon. Governor O’Bannon, as was narian father had slipped and fallen on the mentioned, tragically passed away this day, we lost him. ice outside. PETE rushed to his father’s side My Governor, ‘‘Frank’’ as everyone called and found Indiana’s second highest elected past Saturday. I also want to extend him, was a kind and intelligent man of great official helping the elderly man to his feet. my deepest sympathy, prayers and substance. A gifted man with many choices We use the word ‘‘gentleman’’ over and offer of assistance to Governor before him, he made a selfless choice: to over, but how often do we stop to realize O’Bannon’s wife Judy and their chil- spend a lifetime in public, a lifetime in service. what it means? A gentleman is a man who is dren and family. Now in public life, as we know—borrowing a gentle and the heroine of the play Love is a One of the finest opportunities my bit from James Taylor—‘we see fire, we see Many Splendored Thing, declares, ‘‘There is career in politics has given me is meet- no greater strength than gentleness.’’ By rain, and sunny days we thought would never ing, working with and becoming friends that definition and declaration, Frank with Frank O’Bannon. Frank was one end’. Our duty is serve our way through, keep- O’Bannon was a person of towering strength. ing the people and the responsibility ever in John F. Kennedy said it: ‘‘Civility should not of the most gentle men, one of the mind, looking again to reach those sunny be confused with weakness.’’ most decent men and one of the days. Michel Eyquem de Montaigene wrote, ‘‘Sit kindest individuals I have ever, ever For My Governor, it was ever so. The sunny ye never so high upon a stool, yet sit ye but met in my life. He is a man who could days were many—his work in our Senate, as upon your own tail.’’ Frank intuitively have been successful at any pursuit in our Lieutenant Governor, and as Governor the knew, felt and lived this. He was no big shot. life. He chose a life of public service be- He did have a stuffed shirt, though, stuffed 1 cause it was a life he could give to oth- last 6 ⁄2 years, saw great leadership and many with a warm, caring and giving heart. sunny days, great prosperity and great Hoosier journalist William Miller ers. Except for his love for Judy and progress, turning finally to fire and rain, as Herschell asked, ‘‘Ain’t God good to Indi- their children and their family, noth- economic suffering reached Indiana and the ana?’’ When I think of Frank O’Bannon, I ing was more important to Governor blame was laid at his feet. Through it all, know the answer. O’Bannon. His commitment to the fu- Frank never stopped working for Indiana, ANDY JACOBS, JR., ture in children was foremost as far as knowing, as we all do, that we would reach Former Member of Congress. his administration. And because Frank sunny days again. Mr. BURTON of Indiana. Mr. Speak- O’Bannon always knew who he was, he As we know, too, public service can be er, I yield 2 minutes to the gentleman allowed his quiet demeanor and gentle lonely, wearying at its worst. As he soldiered from the Eighth District of Indiana nature to mask his inherent strength on, this fine man absorbed the dismay, the (Mr. HOSTETTLER). and ability to make very hard and very frustration, the anger. Wherever I was, I spoke (Mr. HOSTETTLER asked and was tough decisions for the good of all of to him each week, not so much as our Gov- given permission to revise and extend the citizens of Indiana. ernor but as a man I had known many years, his remarks.) Mr. Speaker, a number of my col- whose friendship I treasured and whose com- Mr. HOSTETTLER. I thank my colleagues have mentioned anecdotes and mitment I admired, to remind him not to be league from Indiana for yielding me we all deal with individuals on a per- ground down, that his commitment was a wise this time. sonal level, and I would add my two. one, that sunny days would come again. And Mr. Speaker, I rise to join my col- Many years ago when Frank O’Bannon he returned the favor, with good counsel about leagues from the great State of Indiana was first campaigning for Governor, I the heart of public service. in extending our thoughts and prayers was at St. Mary’s Orthodox Church hall He is gone now, recalled in a way. Indiana to the family of Governor Frank in Gary, Indiana, at a political rally. is in good hands, but we shall miss him great- O’Bannon during this difficult time. I Someone came in and said my father ly. have had opportunities to work with had fallen on the ice and snow outside. To My Governor, our ‘‘Frank’’, our prayers Governor O’Bannon over the last sev- I go outside, Dad was perfectly fine, on the way. And, to Judy, ever his active part- eral years and have come away with but there was Frank O’Bannon because

VerDate jul 14 2003 03:38 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.037 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8243 he was near my father. There was noth- comfort in time of loss, and I think of in politics: He was both effective and ing more important to Frank at that those verses in Micah, chapter 6 verse well-liked. However, his gentle nature moment in time and if it took all night 8. It says ‘‘In what, O, man, is required is not his only legacy. His many ac- he was going to make sure he was up, of you but this: To do justice, to love complishments, as the colleagues from he was fine, he was cleaned off and he kindness, and to walk humbly with Indiana know better than I do or oth- got in that hall, no matter what his your God.’’ ers, include creating a community col- other demands were. When I look at the public career of lege system, adopting of academic The other continuing recollection I Frank O’Bannon as a man, a State sen- standards that are among the best in have is I tried not to impose upon the ator, a Lieutenant Governor, a Gov- the Nation, extending health insurance Governor’s good nature or offices very ernor, a husband, a father, a grand- to nearly half a million children, and often but whenever I called for assist- father, he was a man who did justice, engineering an overhaul of the State ance, he never said he would do it. He who lived and loved kindness, and who tax system to entice business to Indi- never said yes. He always said, ‘‘I’ll see walked humbly, in a way that will ever ana and to relieve property tax owners. what I can do.’’ And invariably the inspire this public servant to do like- There is no doubt, Mr. Speaker, that problem was solved, someone was wise. To Judy and the children, to Gov- Frank O’Bannon lived life to the full- helped or the State of Indiana moved ernor Kernan and Maggie, our condo- est, graduating from Indiana U, where ahead because you knew he was always lences and our prayers. he played basketball, serving in the Air going to do his best. Mr. DAVIS of Illinois. Mr. Speaker, I Force, practicing law, and working as a Frank O’Bannon was a good, good yield 4 minutes to the gentleman from newspaper publisher in his native man. We are all going to miss him not Maryland (Mr. HOYER), the distin- Corydon. And there is no doubt that we only in our State but in this great guished Democratic whip. are fortunate for his service. I am country. Mr. HOYER. Mr. Speaker, I thank pleased to join my colleagues in la- the gentleman from Illinois, and I b 1545 menting for ourselves, for Indiana, and thank the other gentleman from Indi- for our country the loss of this extraor- Mr. BURTON of Indiana. Mr. Speak- ana for bringing this resolution so dinary individual and being joyous in er, I yield 3 minutes to the gentleman quickly to the floor. I join my Indiana the fact that, as a man of faith, he is from Indiana (Mr. PENCE). colleagues. better off, and joyous in the fact that (Mr. PENCE asked and was given per- I knew Frank O’Bannon pretty well. I we had the opportunity to know him mission to revise and extend his re- was asked by the gentleman from Mis- and to work with him and to know that marks.) souri (Mr. GEPHARDT) in 1995 to serve in his State and country were better for Mr. PENCE. Mr. Speaker, I have been the capacity of the liaison to the Na- his life. very moved by the comments of my tional Governors’ Association and to colleagues today, and I also rise to ex- Mr. BURTON of Indiana. Mr. Speak- the Democratic Governors’ Associa- er, I yield 2 minutes to the gentleman press, as this resolution suggests, the tion, and I, therefore, know firsthand from Indiana (Mr. CHOCOLA). profound sorrow of the House of Rep- the loss that the Hoosier State has sus- (Mr. CHOCOLA asked and was given resentatives for the death of Indiana tained and the loss of this extraor- permission to revise and extend his re- Governor Frank O’Bannon. dinarily popular Governor, who pre- marks.) I was greeted by my wife, Karen, as I sided over great change and progress in returned from the grocery store Satur- his State. Our Nation, as I think the Mr. CHOCOLA. Mr. Speaker, I rise day. She, with tears in her eyes, told last speaker indicated so well, has lost today in support with my colleagues of me simply that Frank had died. And a model public servant and citizen. this resolution with great sadness and throughout last week, along with tens A few years ago when I served as the great respect. This certainly is a sad of thousands of Hoosiers, our family la- House liaison, I had the pleasure of day for all Hoosiers when we learned of bored in prayer, not so much on behalf working with Governor O’Bannon, both the passing of our Governor, Frank of a Governor as we did on behalf of a on issues that were in front of the Con- O’Bannon. Although I have served in friend, because that is what Frank gress and on politics, and I can confirm Congress for a short period of time, and O’Bannon was to tens of thousands of what so many have written and said my personal experience with Governor Hoosiers. about him. He was a wonderful, intel- O’Bannon has been limited, I have I will never forget years ago, long be- ligent, kind, and humble gentleman great respect for the man he was and fore I entered public life, chatting with who, along with Judy, worked tire- the life he lived. Governor Frank O’Bannon about the lessly for all Hoosiers and who cared One did not need to know Frank State of Indiana, and his face virtually deeply about his country and his State. O’Bannon very well to know what kind lit up as he said, you do get to feel that It is noteworthy, I think, that Gov- of a person he was. He had the rare you know somebody in every little ernor O’Bannon never lost a political ability to project his sincerity and his town in this State when you do this election. Democracy is an extraor- genuine nature to all that he came in job. dinary process, and the people’s wis- contact with. I always had the feeling for Governor dom is what makes it so great because And those who knew him well, re- Frank O’Bannon that Indiana was a they choose well. They choose different gardless of their political affiliation, small town, if not even a family, and it types of people, and we contend politi- were unanimous in their praise and re- did not matter what our politics were, cally, but I am always impressed with spect for the man and his character. I that was 8:00 to 5:00 with Frank how well, ultimately, they do choose. think we are seeing a great example of O’Bannon. After 5 o’clock we were Hoo- But it is telling what his last opponent that today. siers, and we came together and on so David McIntosh, a former Member of I consider it my loss that I did not many occasions. I remember, with this body said about him. This is some- have a greater opportunity to work great fondness, his intense interest in body who ran against him, ran a hard with and learn from Frank O’Bannon, me and in my family and in my chil- campaign, an extraordinarily able and certainly the entire State of Indi- dren. He had this unusual quality, that young man. He said this: ‘‘Everywhere ana will miss him and his lifetime of I have reflected on with my colleagues I’d go, people would say to me: ‘How public service. But in the end, we are from Indiana, of making everyone else are you going to run against someone all fortunate and grateful for the exam- in the room feel that they were more who is everyone’s grandfather?’ And it ple he gave us and thankful for his leg- important than him. Even when he was was the truth,’’ David McIntosh said. acy of leadership. the highest elected official in our ‘‘He was a congenial guy that everyone Mr. Speaker, I know I speak on be- State, he had a quality of humility liked.’’ half of all my constituents in the 2nd that will always remain for me a stand- After serving 18 years in the Indiana District of Indiana when I thank Frank ard in public life. Senate including 8 as Democratic floor O’Bannon for his service to our State, In closing, I just add, as the gentle- leader and 8 as Lieutenant Governor and our thoughts and our prayers are woman from Indianapolis, Indiana (Ms. and more than 6 years as Governor, with his wife, Judy, and his entire fam- CARSON) said, the Good Book gives us Frank O’Bannon pulled off a rare feat ily.

VerDate jul 14 2003 05:00 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.038 H16PT1 H8244 CONGRESSIONAL RECORD — HOUSE September 16, 2003 Mr. DAVIS of Illinois. Mr. Speaker, I tleman, with an unassuming strength to hold Whereas the President has designated the yield 2 minutes to the gentleman from to his convictions to lead a State but more im- week beginning on Monday, September 15, Indiana (Mr. HILL). portant, a deep and endless devotion to fam- 2003, as ‘‘National Small Business Week’’: Mr. HILL. Mr. Speaker, I have been Now, therefore, be it ily. Resolved, That the House of Representa- most impressed by the quality of re- The life of Frank O’Bannon is one to look at tives— marks that have been talked about with inspiration and thanks. Our thoughts and (1) supports the goals and ideals of Na- here this afternoon, most impressed prayers are with his wife Judy, their three chil- tional Small Business Week, and the events about the sincerity of the remarks that dren—Jonathan, Jennifer and Polly and their 5 surrounding the 50th anniversary of the have been made here this afternoon. I grandchildren. founding of the Small Business Administra- believe that it demonstrates the qual- Mr. BURTON of Indiana. Mr. Speak- tion; ity that Frank O’Bannon had and that er, I yield back the balance of my time. (2) commends the Administrator and the employees of the Small Business Adminis- he transcended politics. Both Repub- The SPEAKER pro tempore (Mr. licans and Democrats admired him and tration for their work on behalf of the Na- SIMPSON). The question is on the motion’s small businesses; and respected him and loved him. They tion offered by the gentleman from In- (3) reaffirms that the Small Business Ad- may have had differences, but never diana (Mr. BURTON) that the House sus- ministration, through its loan, technical as- lost the respect. pend the rules and agree to the resolu- sistance, and entrepreneurial development I have known Frank O’Bannon for tion, H. Res. 369. programs, plays an important role in assist- over 20 years. He was one of the first The question was taken; and (two- ing small businesses to ensure a brighter, people that I ever became acquainted thirds having voted in favor thereof) stronger future for this Nation. with in politics. His home, where his the rules were suspended and the reso- The SPEAKER pro tempore. Pursu- wife and his children were raised, is in lution was agreed to. ant to the rule, the gentleman from Il- Corydon, Indiana, a town that is in the A motion to reconsider was laid on linois (Mr. MANZULLO) and the gentle- 9th District, in my district. I have been the table. woman from New York (Ms. to his house, stayed all night with him, VELA´ ZQUEZ) each will control 20 min- loved him and admired him and re- f utes. spected him, and we miss him in Indi- GENERAL LEAVE The Chair recognizes the gentleman ana. For the last week we have Mr. BURTON of Indiana. Mr. Speak- from Illinois (Mr. MANZULLO). mourned our great Governor, but in the er, I ask unanimous consent that all GENERAL LEAVE next couple of days we are going to cel- Members may have 5 legislative days Mr. MANZULLO. Mr. Speaker, I ask ebrate the life of Frank O’Bannon and within which to revise and extend their unanimous consent that all Members the many accomplishments that he remarks on H. Res. 369, the resolution may have 5 legislative days within had. just agreed to. which to revise and extend their re- Probably the greatest accomplish- The SPEAKER pro tempore. Is there marks and to include extraneous mate- ment in his life was the fact that one objection to the request of the gen- rial on the resolution. could be a nice guy and get elected to The SPEAKER pro tempore. Is there the highest office in Indiana. Good tleman from Indiana? There was no objection. objection to the request of the gen- guys can finish first, and Frank is a tleman from Illinois? perfect example of that. f There was no objection. I wish many people and Members of HONORING THE SMALL BUSINESS PERMISSION OF MEMBER TO BE ORIGINAL Congress could have witnessed the ADMINISTRATION ON ITS 50TH COSPONSOR OF H. RES. 368 class that the First Lady of Indiana ANNIVERSARY Mr. MANZULLO. Mr. Speaker, I ask demonstrated to the people of Indiana unanimous consent that the gentle- Mr. MANZULLO. Mr. Speaker, I and to this Nation. She really held her woman from New York (Ms. move to suspend the rules and agree to strength and demonstrated that, while VELA´ ZQUEZ), the ranking minority the resolution (H. Res. 368) honoring she could mourn, she could remain member of the committee, be added as the Small Business Administration on strong for the people that she loved in a an original cosponsor of H. Res. 368. Indiana. the occasion of its 50th anniversary. The SPEAKER pro tempore. Is there We are going to miss Frank The Clerk read as follows: objection to the request of the gen- O’Bannon, but I am convinced of one H. RES. 368 tleman from Illinois? thing: He has a one-way ticket to heav- Whereas the Nation’s economy is built on There was no objection. en, and I hope to join him there some- and draws its strength from the creativity 1600 day. and entrepreneurship of its people; b Mr. DAVIS of Illinois. Mr. Speaker, I Whereas the Nation’s 25 million small busi- Mr. MANZULLO. Mr. Speaker, I yield have no further requests for time. nesses employ more than half of all private myself such time as I may consume. Therefore, I urge swift passage of this sector employees, pay 44.5 percent of the Mr. Speaker, as has been the tradi- resolution, and I yield back the balance total United States private payroll, and gen- tion for the past 40 years, the President erate 60 to 80 percent of all net new jobs an- of the United States has issued a proc- of my time. nually; Mr. BURTON of Indiana. Mr. Speak- Whereas the men and women who own and lamation calling for the celebration of er, I yield myself such time as I may operate the Nation’s small businesses make Small Business Week, which I include consume. a vital contribution to the Nation’s pros- for the RECORD today. We are now in Let me just end by saying that in the perity through their ongoing work to create the middle of Small Business Week for 1997 inauguration speech, Frank new technologies, products, and services; 2003, which is being sponsored by the O’Bannon made some very poignant re- Whereas small businesses produce 13 to 14 Small Business Administration. marks that I think are appropriate at times more patents per employee than large The purpose of this week’s celebra- this time. He said: ‘‘Life is no brief patenting firms, and these patents are twice tion is to honor over 25 million busi- as likely as large firm patents to be among nesses that make up the U.S. small candle for me. It is sort of a splendid the 1 percent most cited; torch which I got hold of for a moment, Whereas the Small Business Administra- business community. It is very appro- and I want to make it burn as brightly tion was officially established in 1953 and for priate for us, today, to recognize the as I can before turning it over to future the past 50 years has played a vital role in importance of America’s small busi- generations.’’ Frank O’Bannon did just ensuring that the door to the American nesses and the significant role played that, and we all miss him, and we wish Dream is truly open to all entrepreneurs; by the Small Business Administration his family the very best, and they are Whereas the mission and high calling of in our Nation’s economic growth. in our prayers. the Small Business Administration is to This year is particularly important Mr. BUYER. Mr. Speaker, today, we pay champion the interests of the Nation’s entre- in recognizing the 50th anniversary of preneurs for the benefit of all Americans; the SBA. President Eisenhower and tribute to Governor Frank O’Bannon—a states- Whereas the Small Business Administra- man, loving husband and father and a friend tion is marking its 50th anniversary by cele- Congress established the SBA in 1953 to to many. brating the accomplishments of small-busi- provide financial and management as- A loyal servant of Indiana for over 30 years, ness owners across the country throughout sistance to startup and growing small Frank O’Bannon lived life as a country gen- the year; and businesses.

VerDate jul 14 2003 03:38 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.041 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8245 Over the past 50 years, the SBA has community for its contributions to our In witness whereof, I have hereunto set my helped countless numbers of small Nation. hand this twelfth day of September, in the businesses survive and succeed in this Mr. Speaker, I include for the year of our Lord two thousand three, and of the Independence of the United States of RECORD the White House proclamation. economy. It maintains a portfolio of America the two hundred and twenty-eighth. SMALL BUSINESS WEEK, 2003—BY THE PRESI- guaranteed small business loans and GEORGE W. BUSH. disaster loans totaling more than $45 DENT OF THE UNITED STATES OF AMERICA— A PROCLAMATION Mr. Speaker, I reserve the balance of billion. The 7(a) program alone ac- my time. counts for approximately 40 to 50 per- The success of small businesses in America ´ reflects the innovation, determination, and Ms. VELAZQUEZ. Mr. Speaker, I cent of all long-term capital needs for yield myself such time as I may con- small businesses. The SBA has also hard work of the American people. During Small Business Week, we celebrate the en- sume. guaranteed another $13 billion in ven- trepreneurs and business people who create Mr. Speaker, I rise today in support ture capital investments to small busi- goods, services, and jobs, and bring oppor- of H. Res. 368, which recognizes the nesses. To complement its successful tunity and economic prosperity to commu- contributions that America’s entre- credit programs, the SBA’s manage- nities throughout our country. We also reaf- preneurs make across the Nation and ment assistance programs were deliv- firm our commitment to helping more small within our communities. ered to more than 1 million small busi- business owners and their employees realize Often, people believe that GM, Lock- nesses during the past year. the American Dream. heed Martin and IBM power our econ- Some of the great American compa- Small businesses create the majority of new jobs in our Nation and account for more omy; but the reality is that small busi- nies that are now household names than half of the output of our economy. They nesses are the driving force. Our coun- were initially started with assistance lead the way in generating new ideas and try’s 23 million small businesses create from the SBA. Allen-Edmonds Shoe, creating new technologies, goods, and serv- three out of every four new jobs, rep- the Panda Restaurant Group, Winne- ices for our country and for the world. resent 99 percent of all employers and bago Industries with help from the 7(a) Small businesses also reflect the diversity provide 70 percent of workers with program, Callaway Golf, FedEx, Hew- of America. Nearly 40 percent of small com- their important first paycheck. It is lett Packard, Intel Corporation, Jenny panies in the United States are owned by because of this we, on the committee, women. There are also more than 3 million Craig, Outback Steakhouse, Staples, minority-owned small businesses across the say that small business is big business Sun Microsystems and the Gymboree country. in America. Corporation all started with infusions Because small businesses are vital to our Success in small business ownership of capital from the Small Business In- Nation’s prosperity and reflect the hard is one of the unique opportunities of vestment Company program. work of the American people, my Adminis- our economy. Yes, in other countries U.S. small businesses are the driving tration has taken important steps to assist their citizens can own their own busi- forces behind our economy and are small businesses and the people they employ. nesses, but nowhere to the extent poised to lead this Nation out of its We have reduced taxes, encouraged invest- found in America. Americans grow up ment, and removed obstacles to growth. The economic doldrums. More than 99 per- Jobs and Growth Tax Relief Reconciliation with the entrepreneurial spirit around cent of all employers in the U.S. are Act of 2003 I signed into law will provide 23 us. The reality of owning your own small businesses, providing between 60 million small business owners with tax cuts business is not a far-off dream, but an and 80 percent of the net new jobs averaging more than $2,200 each. The Act achievable goal. We all know small added to our workforce. In fact, the Na- also quadrupled the amount that small busi- business success stories, whether they tional Federal of Independent Busi- nesses can expense for new capital invest- are friends, grandparents, parents, or nesses said that in August hiring inten- ments, encouraging new investment in tech- our sisters and brothers. The oppor- tions among small businesses are at nology, machinery, and other equipment. tunity to start a small business is what This new technology and equipment will in- the highest level in a year. crease productivity and create new jobs, draws many to our country. No place Small businesses have proven, year thereby contributing to the overall strength else in the world can someone with in and year out, that they are a potent of our economy. hard work turn an idea into a thriving force in the economy, accounting for We are also seeking to permanently elimi- business. over 50 percent of the private sector nate the death tax. With the repeal of this As these opportunities become more output. And their sights are not just tax, small business men and women will be available, the face of small business is set at home. Leading the way towards able to pass their life’s work to the next gen- changing. Today, minorities are be- a global economy, the small business eration without having to pay a punitive tax coming business owners on a scale that in many cases forces the sale of the community represents 96 percent of all business or many of its assets. And I support never seen before. Between 1997 and U.S. exporters. legislation that would make it easier for 2002, the number of Latino-owned firms Over the past 3 years, I have been the small businesses to offer health coverage op- increased by almost 40 percent and Af- chairman of the Committee on Small tions to their employees. Through Associa- rican American-owned businesses in- Business and the previous 6 years as tion Health Plans, small businesses could creased by 25 percent. the subcommittee chairman. I have pool together to offer group plans to all of Small business ownership has also witnessed the enormous potential of their employees, like those available to large become a new avenue for empowering America’s small businesses at work. As businesses. In addition, we are working to women. Whether because of family con- someone who grew up in a small, fam- streamline small business regulations and cerns or because the corporate glass paperwork. To this end, I issued an Execu- ily-owned business and who ran his tive Order that requires all Federal regu- ceiling still exists, women are striking own law firm, I know that small busi- latory agencies to minimize these burdens on out and starting their own companies nesses are flexible, creative, give us our Nation’s small businesses. at twice the rate of all businesses. This jobs, provide economic growth, and, The Small Business Administration (SBA), is simply phenomenal. most importantly, provide hope in a fu- which helps American innovators and risk- Make no mistake, it is not easy being ture for millions of families and com- takers launch and build their businesses, a small business owner today. Small munities across our Nation. celebrates its 50th anniversary this year. By businesses are confronting health care The resolution now before the House helping small businesses succeed, the SBA premiums rising 14 percent this year continues to strengthen America. recognizes the critical role played by Now, Therefore, I, George W. Bush, Presi- alone, Federal regulatory compliance small businesses and the Small Busi- dent of the United States of America, by vir- costs are increasing for small business Administration in our economy. It tue of the authority vested in me by the Con- nesses, and the Federal Government is appropriate that we take a moment stitution and laws of the United States, do continues blocking them from bene- from our busy schedule to acknowledge hereby proclaim September 14 through Sep- fiting from the $235 billion Federal pro- the success of small businesses and to tember 20, 2003, as Small Business Week. I curement market. While it is never encourage our Federal Government to call upon all the people of the United States easy, small business owners are in des- to observe this week with appropriate cere- perate need of health care reform, a na- continue to provide it help to ensure monies, activities, and programs that cele- future successes. brate the achievements of small business tional energy plan to reduce sky- I urge each of my colleagues to vote owners and their employees and encourage rocketing costs, access to capital, tar- for H. Res. 368 as a way to say thank and foster the development of new small geted tax relief, and access to govern- you to the SBA and the small business businesses. ment procurement.

VerDate jul 14 2003 03:38 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.044 H16PT1 H8246 CONGRESSIONAL RECORD — HOUSE September 16, 2003 Small businesses are a proven tool to Mr. MANZULLO. Mr. Speaker, I re- may continue to assist entrepreneurs guide the Nation out of economic serve the balance of my time. throughout this country. downturns. Small businesses have done Ms. VELA´ ZQUEZ. Mr. Speaker, I Mr. MANZULLO. Mr. Speaker, I re- it before, and small businesses can do yield 3 minutes to the gentleman from serve the balance of my time. it again. However, their success can Texas (Mr. HINOJOSA). Ms. VELA´ ZQUEZ. Mr. Speaker, I only be achieved if we provide them Mr. HINOJOSA. Mr. Speaker, I rise yield 3 minutes to the gentlewoman with the help they require. as an original cosponsor in strong sup- from Guam (Mr. BORDALLO). So, today, as we recognize the hard port of H. Res. 368, introduced by the Ms. BORDALLO. Mr. Speaker, I work and commitment of America’s en- Committee on Small Business chair- thank the ranking member, the gentle- trepreneurs, it is also important that man, the gentleman from Illinois (Mr. woman from New York (Ms. we recommit ourselves to working to MANZULLO). VELA´ ZQUEZ), for yielding me time. create an economic environment that This legislation honors the Small Mr. Speaker, I rise today to honor encourages growth for them. We must Business Administration on the occa- America’s small business community strive to make the job of our Nation’s sion of its 50th anniversary and des- during national Small Business Week small businesses all the much easier. It ignates this week as National Small and recognize those small businesses is at least what we can do, given all Business Week. on Guam that are the backbone of our they have done for us. In 1953, the SBA was created to island economy. Today, with the adoption of this res- champion the interests of the Nation’s I would also like to take this time to olution, in a very small way we thank entrepreneurs for the benefit of all thank Mr. Kenneth Lujan, the director our Nation’s entrepreneurs for the con- Americans. Our Nation’s economy is of Small Business Administration Dis- tributions they make every day. They built on and draws its strength from trict Office in Hagatna, Guam, for his are the catalyst for economic growth, the creativity and entrepreneurship of continued hard work to provide impor- and they are the anchors of our com- its people. tant services to assist small businesses munities. Over 25 million small businesses em- on Guam to grow and thrive. I want to Mr. MANZULLO. Mr. Speaker, I re- ploy more than half of all private sec- wish Mr. Lujan and the entire SBA of- serve the balance of my time. tor employees. They pay 44.5 percent of fice on Guam a happy 50th birthday. Ms. VELA´ ZQUEZ. Mr. Speaker, I the total United States private payroll. Mr. Speaker, 90 percent of businesses yield such time as he may consume to They generate 60 to 80 percent of all on Guam are small operations. I guess the gentleman from Illinois (Mr. new jobs annually. Small businesses you could call Guam the SBA commu- DAVIS). are, in fact, the engine of this Nation’s Mr. DAVIS of Illinois. Mr. Speaker, nity of the United States. I am grateful economy, as was said earlier by the as a member of the Committee on for the continued hard work and the in- gentlewoman from New York (Ms. Small Business, I want to commend the novation of our island’s entrepreneurs, VELA´ ZQUEZ). gentleman from Illinois (Chairman which help grow and enhance the econ- I worked with my father in south MANZULLO) and the gentlewoman from omy on Guam, as well as provide jobs. Texas to build a small business in my New York (Ms. VELA´ ZQUEZ) for their 1615 district that today employs over 300 b leadership on small business matters. In particular, I want to congratulate Mr. Speaker, for the past 40 years, people. The SBA played a key role in Mr. John Shen for being selected as the the President has issued a proclama- this company’s development by assist- Small Businessman of the Year on tion calling for the celebration of ing my family in growing this business Guam. Mr. Shen is the owner of Shen’s Small Business Week. I rise in support during the last 54 years. Presently, Ms. Corporation, which operates Prestige of the Small Business Administration’s Sylvia Zamponi, the district director Automobiles on Guam. Mr. Shen was designating the week of September 14 for the SBA in the Lower Rio Grande born in Taiwan, but immigrated to through 20, 2003, as National Small Valley District, is providing similar as- Business Week. This celebration will sistance to my constituents. I want to Guam in 1979. Mr. Shen and his wife honor the estimated 25 million small commend her for all her efforts on be- started several small business oper- businesses in America who have cre- half of the small business owners in my ations before the opportunity pre- ated three out of every four new jobs congressional district. sented itself for Mr. Shen to acquire and generate more than 55 percent of I also want to express my apprecia- the local BMW dealership on Guam in America’s innovations. tion for all of the efforts of the gen- 1991. He worked diligently to pull the Small Business Week recognizes out- tleman from Illinois (Chairman MAN- company out of financial distress and standing small business owners for ZULLO) to support small businesses and has turned Prestige Automobiles into a their personal achievements and con- to improve their situation, particularly strong and profitable small enterprise. tributions to our Nation’s economy. the manufacturing sector in the United In a time when Guam is experiencing One outstanding entrepreneur is named States that currently is in a crisis with the effects of 20 percent unemploy- to represent each State as the State’s the dramatic loss of manufacturing ment, Mr. Shen serves as an example of Small Business Person of the Year. jobs. how hard work, innovation, and com- From this group, the National Small To help address this crisis, the gen- mitment to small enterprise can over- Business Person of the Year is chosen. tleman from Illinois (Chairman MAN- come serious obstacles. Small businesses employ half of our ZULLO) organized the Congressional As we celebrate the 50th anniversary workers and account for half of our Manufacturing Caucus, which I have of the SBA, let us not forget our re- gross domestic product. Small busi- joined, to preserve manufacturing jobs sponsibilities as legislators to create nesses have and will continue to pull in America. The caucus will not only an environment where people like Mr. the U.S. economy out of recession. educate Washington on the importance Shen can, with hard work, realize his They anchor our neighborhoods, em- of manufacturing in America, but it dreams. Let us reaffirm our commit- ploy and train our workers, and take will work to enact policies to stem job ment in assisting our Nation’s entre- care of our families. They are the rea- losses and to put people back to work, preneurs so that they may too live the son that the United States economy including in south Texas and through- great American Dream. has consistently been known as the out the country. Ms. VELA´ ZQUEZ. Mr. Speaker, I strongest in the world. I also commend the ranking member, yield 3 minutes to the gentlewoman Today, we honor our small businesses the gentlewoman from New York (Ms. from Texas (Ms. JACKSON-LEE). and entrepreneurs for their efforts and VELA´ ZQUEZ), for taking appropriate ac- (Ms. JACKSON-LEE of Texas asked what they mean to America. tions to ensure that SBA continues to and was given permission to revise and Again, Mr. Speaker, I commend the perform effectively the mission Con- extend her remarks.) gentleman from Illinois (Chairman gress gave it over 50 years ago. Ms. JACKSON-LEE of Texas. Mr. MANZULLO) and the ranking member, Mr. Speaker, again, I congratulate Speaker, I thought there could not be a the gentlewoman from New York (Ms. the SBA on its 50th anniversary and better matching of two legislative ini- VELA´ ZQUEZ), for their leadership and hope that the current administration tiatives that we have had the oppor- urge passage of this resolution. will continue to fully fund SBA so it tunity to speak on today, and that is

VerDate jul 14 2003 04:42 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.045 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8247 the 40th anniversary of the March on that they need to have more training congratulate the Small Business Administra- Washington and the honoring and rec- and opportunity to work with the gov- tion, its employees and all of its resource part- ognition of the anniversary, the 50th ernment. ners on this truly momentous occasion. anniversary of the Small Business Ad- Finally, I would say there is no doubt Created by the passage of the Small Busi- ministration, and particularly recog- that as it relates to the cause of civil ness Act in 1953 during the Eisenhower ad- nizing Small Business Week. rights, there is much work to be done; ministration, the SBA was charged to ‘‘aid, I first want to acknowledge the work and I hope this Congress will rise to counsel, assist and protect’’ the interest of of the Committee on Small Business of the occasion and ensure that there are small businesses in this nation. this House and to thank the gentleman equal rights for all. My congratula- Mr. Speaker, the SBA has made tremen- from Illinois (Chairman MANZULLO) tions to the Small Business Adminis- dous strides following its original mandate and the ranking member, the gentle- tration and to the brave souls who over the past half century. According to the woman from New York (Ms. marched on Washington in 1963. agency, nearly 20 million small firms have re- VELA´ ZQUEZ) for the cooperative, sin- Mr. MANZULLO. Mr. Speaker, I have ceived either direct or indirect assistance over gular spirit that they have on the issue no further speakers, and I yield back the past fifty years. of improving and promoting small the balance of my time. Small businesses are the engine that drives businesses in the United States of Ms. VELA´ ZQUEZ. Mr. Speaker, I our nation’s economy, generating over half of America. Clearly, I believe, their very would just like to thank the author of the nation’s Gross Domestic Product (GDP), cooperative work has been an example this resolution and also staffer Patrick and the SBA plays a key part in ensuring the of the very fine committee work that Wilson for taking the lead on today’s engine remains strong and viable, especially all of us admire, and that is, the pur- resolution. in tough economic times. pose is to ensure that our small busi- Ms. LINDA T. SA« NCHEZ of California. Mr. nesses are successful and they work Speaker, for the past 40 years the President There are currently about 23 million small very effectively, both the gentleman has issued a proclamation calling for the cele- businesses in the United States, which rep- from Illinois (Mr. MANZULLO) and his bration of Small Business Week. This year resents 99.7 percent of all private sector em- emphasis on buying American and, as National Small Business Week runs from Sep- ployers. Small businesses also generate 60 to well, the insight he has given to the tember 15th through the 20th. Since the 80 percent of net new jobs annually. idea of the loss of manufacturing jobs founding of our country, small businesses American small businesses are extremely and the need to restore them. And the have contributed immeasurably to our diverse. Women owned small businesses gen- gentlewoman from New York (Ms. progress and economic strength. erated $819 billion in revenues, and employed VELA´ ZQUEZ) has been enormously effec- Let us celebrate the entrepreneurial spirit in more than 7 million workers in 1997, the last tive in ensuring that all government America during National Small Business year such data is available. In that same year, agencies and all contracts between the Week. The approximately 23 million small 5.8 percent of small businesses were owned United States and the private sector businesses in the United States employ more by Hispanic Americans, 4.4 percent by Asian have as a component small businesses, than half of the country’s private work force, Americans, and 4 percent by African Ameri- women-owned businesses, and minor- create three of every four new jobs, and gen- cans. ity-owned businesses. I collectively erate most of America’s innovations. Small Small businesses also made up 97 percent thank both of them for their effort and businesses are the backbone of this country of all identified exporters and produced 29 this tribute and this anniversary and they are an enduring symbol of the Amer- percent of the known export value in fiscal should be a reflection on their good ican Dream. year 2001. works. For example, five years ago a young couple As the Ranking Member of the Sub- I do want to also acknowledge the in my district had a dream to open a grocery committee on Tax, Finance and Exports, I am good works of our Small Business Ad- store in the City of Whittier, California. Their especially proud of the agency and its tireless ministration regional centers all over vision for the store was to specialize in fresh, efforts to help all small businesses. the Nation by tribute to all of them ready to prepare Hispanic foods in the historic Two weeks ago, I held a field hearing in my who take a special opportunity to work district of Whittier. Country Fresh Market has District, Long Beach, California, where a very with and to help our small businesses. found a niche in the grocery retail market that distinguished group of panelists discussed the Likewise, I would say that it is very has posted double-digit gains from last year. importance of small businesses to not only important to note the regional direc- Subsequently, on March 27th Country Fresh southern California but to the nation as well. tor, Milton Wilson, who heads the of- Market was featured on the Food Network in I was pleased to learn during the course of fice in Houston, Texas. a nationally broadcast segment of ‘‘Food that hearing that the SBA Los Angeles District The reason why I believe that the Finds,’’ hosted by Sandra Pinkney. Office is the number one business lending of- tribute to the Small Business Adminis- Country Fresh Market is a business success fice in the United States. Over the past three tration’s 50th year anniversary and the story, and they make many contributions to years, the office has provided $128 million in March on Washington have a lot in their local community, including the local Boys financing to 381 businesses in my home Dis- common is because there is work un- and Girls Club and YMCA’s Annual Pancake trict. done. I pay tribute to those who were Breakfast. Since its inception, Country Fresh I am sure that there are many more success brave enough to go to Washington in Market has also had four employees graduate stories nationwide about the hard work the 1963 to lead not just the 250,000 plus, from college and helped many of its employ- SBA does on behalf of our nation’s entre- but to lead the Nation for a more equal ees purchase homes. Country Fresh Market preneurs, and I am sure that the SBA will be and just community. A. Philip Ran- prides itself in its employees’ success, be- helping small businesses in their efforts to dolph, Roy Wilkins, Whitney Young, cause its employees are its ‘‘familia’’ (family). keep our economy strong for years to come. James Farmer, the gentleman from Country Fresh Market is a true business Congratulations on 50 years of service to Georgia (Mr. LEWIS), and Martin Lu- success in my district. As a member of the our small businesses. ther King understood that unless we small business community, I’m working to in- ´ lifted all boats, no boats would be lift- crease the SBA’s microloan program from Ms. VELAZQUEZ. Mr. Speaker, I ed. They promoted equality and justice $35,000 to $50,000. By helping small busi- yield back the balance of my time. among all, irrespective of religion and nesses gain access to capital, I hope to bol- The SPEAKER pro tempore (Mr. race. ster the number of small businesses that suc- SIMPSON). The question is on the mo- The Small Business Administration ceed each year. tion offered by the gentleman from Illi- promotes small business, recognizing Today, let us honor small businesses, like nois (Mr. MANZULLO) that the House that they are in fact the backbone of Country Fresh Market. By celebrating Amer- suspend the rules and agree to the reso- America, including small businesses, ica’s small businesses, we are keeping the lution, H. Res. 368. minority-owned businesses, and American Dream alive and well for today, and The question was taken; and (two- women-owned businesses. I believe that for future generations. thirds having voted in favor thereof) we have a lot of work undone, Mr. Ms. MILLENDER-MCDONALD. Mr. Speaker, the rules were suspended and the reso- Speaker. We need to provide more tax this week is National Small Business Week, lution was agreed to. incentives for small businesses, and and the Small Business Administration is cele- A motion to reconsider was laid on certainly we must consider the fact brating its 50th Anniversary. I would like to the table.

VerDate jul 14 2003 06:09 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.048 H16PT1 H8248 CONGRESSIONAL RECORD — HOUSE September 16, 2003 MUSEUM AND LIBRARY SERVICES ment Act (43 U.S.C. 1601 et seq.)), which is rec- (2) by inserting after section 206 the following: ACT OF 2003 ognized by the Secretary of the Interior as eligi- ‘‘SEC. 207. NATIONAL MUSEUM AND LIBRARY ble for the special programs and services pro- SERVICES BOARD. Mr. HOEKSTRA. Mr. Speaker, I move vided by the United States to Indians because of ‘‘(a) ESTABLISHMENT.—There is established to suspend the rules and concur in the their status as Indians.’’; and within the Institute a board to be known as the Senate amendment to the bill (H.R. 13) (5) by adding at the end the following: ‘National Museum and Library Services Board’. to reauthorize the Museum and Library ‘‘(6) MUSEUM AND LIBRARY SERVICES BOARD.— ‘‘(b) MEMBERSHIP.— Services Act, and for other purposes. The term ‘Museum and Library Services Board’ ‘‘(1) NUMBER AND APPOINTMENT.—The Mu- The Clerk read as follows: means the National Museum and Library Serv- seum and Library Services Board shall be com- ices Board established under section 207. posed of the following: Strike out all after the enacting clause and ‘‘(7) OBSCENE.—The term ‘obscene’ means, ‘‘(A) The Director. insert: with respect to a project, that— ‘‘(B) The Deputy Director for the Office of Li- SECTION 1. SHORT TITLE. ‘‘(A) the average person, applying contem- brary Services. This Act may be cited as the ‘‘Museum and porary community standards, would find that ‘‘(C) The Deputy Director for the Office of Library Services Act of 2003’’. such project, when taken as a whole, appeals to Museum Services. SEC. 2. TABLE OF CONTENTS. the prurient interest; ‘‘(D) The Chairman of the National Commis- The table of contents for this Act is as follows: ‘‘(B) such project depicts or describes sexual sion on Libraries and Information Science. ‘‘(E) 10 members appointed by the President, Sec. 1. Short title. conduct in a patently offensive way; and by and with the advice and consent of the Sen- Sec. 2. Table of contents. ‘‘(C) such project, when taken as a whole, lacks serious literary, artistic, political, or sci- ate, from among individuals who are citizens of TITLE I—GENERAL PROVISIONS entific value.’’. the United States and who are specially quali- Sec. 101. General definitions. SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY fied by virtue of their education, training, or ex- Sec. 102. Institute of Museum and Library Serv- SERVICES. perience in the area of library services, or their ices. Section 203 of the Museum and Library Serv- commitment to libraries. Sec. 103. Director of the Institute. ices Act (20 U.S.C. 9102) is amended— ‘‘(F) 10 members appointed by the President, Sec. 104. National Museum and Library Serv- (1) in subsection (b), by striking the last sen- by and with the advice and consent of the Sen- ices Board. tence; and ate, from among individuals who are citizens of Sec. 105. Awards; analysis of impact of services. (2) by adding at the end the following: the United States and who are specially quali- TITLE II—LIBRARY SERVICES AND ‘‘(c) MUSEUM AND LIBRARY SERVICES fied by virtue of their education, training, or ex- TECHNOLOGY BOARD.—There shall be a National Museum and perience in the area of museum services, or their Sec. 201. Purpose. Library Services Board within the Institute, as commitment to museums. PECIAL QUALIFICATIONS.— Sec. 202. Definitions. provided under section 207.’’. ‘‘(2) S ‘‘(A) LIBRARY MEMBERS.—Of the members of Sec. 203. Authorization of appropriations. SEC. 103. DIRECTOR OF THE INSTITUTE. the Museum and Library Services Board ap- Sec. 204. Reservations and allotments. Section 204 of the Museum and Library Serv- pointed under paragraph (1)(E)— Sec. 205. State plans. ices Act (20 U.S.C. 9103) is amended— ‘‘(i) 5 shall be professional librarians or infor- Sec. 206. Grants to States. (1) in subsection (e), by adding at the end the mation specialists, of whom— Sec. 207. National leadership grants, contracts, following: ‘‘Where appropriate, the Director ‘‘(I) not less than 1 shall be knowledgeable or cooperative agreements. shall ensure that activities under subtitle B are about electronic information and technical as- TITLE III—MUSEUM SERVICES coordinated with activities under section 1251 of pects of library and information services and Sec. 301. Purpose. the Elementary and Secondary Education Act of sciences; and Sec. 302. Definitions. 1965 (20 U.S.C. 6383).’’; and ‘‘(II) not less than 1 other shall be knowledge- (2) by adding at the end the following: Sec. 303. Museum services activities. able about the library and information service ‘‘(f) REGULATORY AUTHORITY.—The Director Sec. 304. Repeals. needs of underserved communities; and may promulgate such rules and regulations as Sec. 305. Authorization of appropriations. ‘‘(ii) the remainder shall have special com- are necessary and appropriate to implement the Sec. 306. Short title. petence in, or knowledge of, the needs for li- provisions of this title. TITLE IV—NATIONAL COMMISSION ON LI- brary and information services in the United ‘‘(g) APPLICATION PROCEDURES.— States. BRARIES AND INFORMATION SCIENCE ‘‘(1) IN GENERAL.—In order to be eligible to re- ACT ‘‘(B) MUSEUM MEMBERS.—Of the members of ceive financial assistance under this title, a per- the Museum and Library Services Board ap- Sec. 401. Amendment to contributions. son or agency shall submit an application in ac- pointed under paragraph (1)(F)— Sec. 402. Amendment to membership. cordance with procedures established by the Di- ‘‘(i) 5 shall be museum professionals who are TITLE V—MISCELLANEOUS PROVISIONS rector by regulation. or have been affiliated with— ‘‘(2) REVIEW AND EVALUATION.—The Director Sec. 501. Amendments to Arts and Artifacts In- ‘‘(I) resources that, collectively, are broadly shall establish procedures for reviewing and demnity Act. representative of the curatorial, conservation, evaluating applications submitted under this Sec. 502. National children’s museum. educational, and cultural resources of the title. Actions of the Institute and the Director in Sec. 503. Conforming amendment. United States; or the establishment, modification, and revocation Sec. 504. Technical corrections. ‘‘(II) museums that, collectively, are broadly of such procedures under this Act are vested in Sec. 505. Repeals. representative of various types of museums, in- the discretion of the Institute and the Director. Sec. 506. Effective date. cluding museums relating to science, history, In establishing such procedures, the Director technology, art, zoos, botanical gardens, and TITLE I—GENERAL PROVISIONS shall ensure that the criteria by which applica- museums designed for children; and SEC. 101. GENERAL DEFINITIONS. tions are evaluated are consistent with the pur- ‘‘(ii) the remainder shall be individuals recog- Section 202 of the Museum and Library Serv- poses of this title, taking into consideration gen- nized for their broad knowledge, expertise, or ices Act (20 U.S.C. 9101) is amended— eral standards of decency and respect for the di- experience in museums or commitment to muse- (1) by striking paragraph (1) and inserting the verse beliefs and values of the American public. ums. following: ‘‘(3) TREATMENT OF PROJECTS DETERMINED TO ‘‘(3) GEOGRAPHIC AND OTHER REPRESENTA- ‘‘(1) DETERMINED TO BE OBSCENE.—The term BE OBSCENE.— TION.—Members of the Museum and Library ‘determined to be obscene’ means determined, in ‘‘(A) IN GENERAL.—The procedures described Services Board shall be appointed to reflect per- a final judgment of a court of record and of in paragraph (2) shall include provisions that sons from various geographic regions of the competent jurisdiction in the United States, to clearly specify that obscenity is without serious United States. The Museum and Library Serv- be obscene.’’; literary, artistic, political, or scientific merit, ices Board may not include, at any time, more (2) by striking paragraph (4); and is not protected speech. than 3 appointive members from a single State. (3) by redesignating paragraph (3) as para- ‘‘(B) PROHIBITION.—No financial assistance In making such appointments, the President graph (5); may be provided under this title with respect to shall give due regard to equitable representation (4) by inserting after paragraph (2) the fol- any project that is determined to be obscene. of women, minorities, and persons with disabil- lowing: ‘‘(C) TREATMENT OF APPLICATION DIS- ities who are involved with museums and librar- ‘‘(3) FINAL JUDGMENT.—The term ‘final judg- APPROVAL.—The disapproval of an application ies. ment’ means a judgment that is— by the Director shall not be construed to mean, ‘‘(4) VOTING.—The Director, the Deputy Di- ‘‘(A) not reviewed by any other court that has and shall not be considered as evidence that, rector of the Office of Library Services, the Dep- authority to review such judgment; or the project for which the applicant requested fi- uty Director of the Office of Museum Services, ‘‘(B) not reviewable by any other court. nancial assistance is or is not obscene.’’. and the Chairman of the National Commission ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ SEC. 104. NATIONAL MUSEUM AND LIBRARY SERV- on Library and Information Science shall be means any tribe, band, nation, or other orga- ICES BOARD. nonvoting members of the Museum and Library nized group or community, including any Alas- The Museum and Library Services Act (20 Services Board. ka native village, regional corporation, or vil- U.S.C. 9101 et seq.) is amended— ‘‘(c) TERMS.— lage corporation (as defined in, or established (1) by redesignating section 207 as section 208; ‘‘(1) IN GENERAL.—Except as otherwise pro- pursuant to, the Alaska Native Claims Settle- and vided in this subsection, each member of the

VerDate jul 14 2003 04:42 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\K16SE7.049 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8249 Museum and Library Services Board appointed travel time) during which such member is en- (1) by striking paragraph (1); and under subparagraph (E) or (F) of subsection gaged in the performance of the duties of the (2) by redesignating paragraphs (2), (3), (4), (b)(1) shall serve for a term of 5 years. Museum and Library Services Board. Members (5), and (6) as paragraphs (1), (2), (3), (4), and ‘‘(2) INITIAL BOARD APPOINTMENTS.— of the Museum and Libraries Services Board (5), respectively. ‘‘(A) TREATMENT OF MEMBERS SERVING ON EF- who are full-time officers or employees of the SEC. 203. AUTHORIZATION OF APPROPRIATIONS. FECTIVE DATE.—Notwithstanding subsection (b), Federal Government may not receive additional Section 214 of the Library Services and Tech- each individual who is a member of the National pay, allowances, or benefits by reason of their nology Act (20 U.S.C. 9123) is amended— Museum Services Board on the date of enact- service on the Museum and Library Services (1) by striking subsection (a) and inserting the ment of the Museum and Library Services Act of Board. following: 2003, may, at the individual’s election, complete ‘‘(2) TRAVEL EXPENSES.—Each member of the ‘‘(a) IN GENERAL.—There are authorized to be the balance of the individual’s term as a member Museum and Library Services Board shall re- appropriated to carry out this subtitle of the Museum and Library Services Board. ceive travel expenses, including per diem in lieu $232,000,000 for fiscal year 2004 and such sums ‘‘(B) FIRST APPOINTMENTS.—Notwithstanding of subsistence, in accordance with applicable as may be necessary for fiscal years 2005 subsection (b), any appointive vacancy in the provisions under subchapter I of chapter 57 of through 2009.’’; and initial membership of the Museum and Library title 5, United States Code. (2) in subsection (c), by striking ‘‘3 percent’’ Services Board existing after the application of ‘‘(i) COORDINATION.—The Director, with the and inserting ‘‘3.5 percent’’. subparagraph (A), and any vacancy in such advice of the Museum and Library Services SEC. 204. RESERVATIONS AND ALLOTMENTS. membership subsequently created by reason of Board, shall take steps to ensure that the poli- Section 221(b)(3) of the Library Services and the expiration of the term of an individual de- cies and activities of the Institute are coordi- Technology Act (20 U.S.C. 9131(b)(3)) is amend- scribed in subparagraph (A), shall be filled by nated with other activities of the Federal Gov- ed to read as follows: the appointment of a member described in sub- ernment.’’. ‘‘(3) MINIMUM ALLOTMENTS.— section (b)(1)(E). When the Museum and Li- SEC. 105. AWARDS; ANALYSIS OF IMPACT OF ‘‘(A) IN GENERAL.—For purposes of this sub- brary Services Board consists of an equal num- SERVICES. section, the minimum allotment for each State ber of individuals who are specially qualified in The Museum and Library Services Act (20 shall be $340,000, except that the minimum allot- the area of library services and individuals who U.S.C. 9101 et seq.) is amended by inserting after ment shall be $40,000 in the case of the United are specially qualified in the area of museum section 208 (as redesignated by section 104 of States Virgin Islands, Guam, American Samoa, services, this subparagraph shall cease to be ef- this Act) the following: the Commonwealth of the Northern Mariana Is- fective and the board shall be appointed in ac- ‘‘SEC. 209. AWARDS. lands, the Republic of the Marshall Islands, the cordance with subsection (b). ‘‘The Director, with the advice of the Museum Federated States of Micronesia, and the Repub- ‘‘(C) AUTHORITY TO ADJUST TERMS.—The terms and Library Services Board, may annually of the first members appointed to the Museum lic of Palau. award National Awards for Library Service and ‘‘(B) RATABLE REDUCTIONS.—Notwithstanding and Library Service Board shall be adjusted by National Awards for Museum Service to out- subparagraph (A), if the sum appropriated the President as necessary to ensure that the standing libraries and outstanding museums, re- under the authority of section 214 and not re- terms of not more than 4 members expire in the spectively, that have made significant contribu- served under subsection (a) for any fiscal year same year. Such adjustments shall be carried tions in service to their communities. is insufficient to fully satisfy the requirement of out through designation of the adjusted term at ‘‘SEC. 210. ANALYSIS OF IMPACT OF MUSEUM AND subparagraph (A), each of the minimum allot- the time of appointment. LIBRARY SERVICES. ments under such subparagraph shall be re- ‘‘(3) VACANCIES.—Any member appointed to ‘‘From amounts described in sections 214(c) duced ratably. fill a vacancy shall serve for the remainder of and 275(b), the Director shall carry out and the term for which the predecessor of the mem- ‘‘(C) EXCEPTION.— publish analyses of the impact of museum and ‘‘(i) IN GENERAL.—Notwithstanding subpara- ber was appointed. library services. Such analyses— ‘‘(4) REAPPOINTMENT.—No appointive member graph (A), if the sum appropriated under the ‘‘(1) shall be conducted in ongoing consulta- authority of section 214 and not reserved under of the Museum and Library Services Board who tion with— has been a member for more than 7 consecutive subsection (a) for any fiscal year exceeds the ag- ‘‘(A) State library administrative agencies; gregate of the allotments for all States under years shall be eligible for reappointment. ‘‘(B) State, regional, and national library and ‘‘(5) SERVICE UNTIL SUCCESSOR TAKES OF- this subsection for fiscal year 2003— museum organizations; and ‘‘(I) the minimum allotment for each State FICE.—Notwithstanding any other provision of ‘‘(C) other relevant agencies and organiza- this subsection, an appointive member of the otherwise receiving a minimum allotment of tions; $340,000 under subparagraph (A) shall be in- Museum and Library Services Board shall serve ‘‘(2) shall identify national needs for, and creased to $680,000; and after the expiration of the term of the member trends of, museum and library services provided ‘‘(II) the minimum allotment for each State until the successor to the member takes office. with funds made available under subtitles B otherwise receiving a minimum allotment of ‘‘(d) DUTIES AND POWERS.— and C; $40,000 under subparagraph (A) shall be in- ‘‘(1) IN GENERAL.—The Museum and Library ‘‘(3) shall report on the impact and effective- creased to $60,000. Services Board shall advise the Director on gen- ness of programs conducted with funds made ‘‘(ii) INSUFFICIENT FUNDS TO AWARD ALTER- eral policies with respect to the duties, powers, available by the Institute in addressing such NATIVE MINIMUM.—If the sum appropriated and authority of the Institute relating to mu- needs; and under the authority of section 214 and not re- seum and library services, including financial ‘‘(4) shall identify, and disseminate informa- served under subsection (a) for any fiscal year assistance awarded under this title. tion on, the best practices of such programs to exceeds the aggregate of the allotments for all ‘‘(2) NATIONAL AWARDS.—The Museum and Li- the agencies and entities described in paragraph States under this subsection for fiscal year 2003 brary Services Board shall advise the Director in (1). making awards under section 209. yet is insufficient to fully satisfy the require- ‘‘SEC. 210A. PROHIBITION ON USE OF FUNDS FOR ment of clause (i), such excess amount shall first ‘‘(e) CHAIRPERSON.—The Director shall serve CONSTRUCTION. be allotted among the States described in clause as Chairperson of the Museum and Library ‘‘No funds appropriated to carry out the Mu- (i)(I) so as to increase equally the minimum al- Services Board. seum and Library Services Act, the Library lotment for each such State above $340,000. After ‘‘(f) MEETINGS.— Services and Technology Act, or the Museum the requirement of clause (i)(I) is fully satisfied ‘‘(1) IN GENERAL.—The Museum and Library Services Act may be used for construction ex- for any fiscal year, any remainder of such ex- Services Board shall meet not less than 2 times penses.’’. each year and at the call of the Director. cess amount shall be allotted among the States ‘‘(2) VOTE.—All decisions by the Museum and TITLE II—LIBRARY SERVICES AND described in clause (i)(II) so as to increase Library Services Board with respect to the exer- TECHNOLOGY equally the minimum allotment for each such cise of its duties and powers shall be made by a SEC. 201. PURPOSE. State above $40,000. majority vote of the members of the Board who Section 212 of the Library Services and Tech- ‘‘(D) SPECIAL RULE.— are present and authorized to vote. nology Act (20 U.S.C. 9121) is amended by strik- ‘‘(i) IN GENERAL.—Notwithstanding any other ‘‘(g) QUORUM.—A majority of the voting mem- ing paragraphs (2) through (5) and inserting the provision of this subsection and using funds al- bers of the Museum and Library Services Board following: lotted for the Republic of the Marshall Islands, shall constitute a quorum for the conduct of ‘‘(2) to promote improvement in library serv- the Federated States of Micronesia, and the Re- business at official meetings, but a lesser num- ices in all types of libraries in order to better public of Palau under this subsection, the Direc- ber of members may hold hearings. serve the people of the United States; tor shall award grants to the United States Vir- ‘‘(h) COMPENSATION AND TRAVEL EXPENSES.— ‘‘(3) to facilitate access to resources in all gin Islands, Guam, American Samoa, the Com- ‘‘(1) COMPENSATION.—Each member of the types of libraries for the purpose of cultivating monwealth of the Northern Mariana Islands, Museum and Library Services Board who is not an educated and informed citizenry; and the Republic of the Marshall Islands, the Fed- an officer or employee of the Federal Govern- ‘‘(4) to encourage resource sharing among all erated States of Micronesia, or the Republic of ment may be compensated at a rate to be fixed types of libraries for the purpose of achieving Palau to carry out activities described in this by the President, but not to exceed the daily economical and efficient delivery of library serv- subtitle in accordance with the provisions of equivalent of the maximum annual rate of pay ices to the public.’’. this subtitle that the Director determines are not authorized for a position above grade GS–15 of SEC. 202. DEFINITIONS. inconsistent with this subparagraph. the General Schedule under section 5108 of title Section 213 of the Library Services and Tech- ‘‘(ii) AWARD BASIS.—The Director shall award 5, United States Code, for each day (including nology Act (20 U.S.C. 9122) is amended— grants pursuant to clause (i) on a competitive

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basis and after taking into consideration avail- ‘‘(2) to encourage and support museums in ‘‘(b) FEDERAL SHARE.— able recommendations from the Pacific Region carrying out their educational role, as core pro- ‘‘(1) 50 PERCENT.—Except as provided in para- Educational Laboratory in Honolulu, Hawaii. viders of learning and in conjunction with graph (2), the Federal share described in sub- ‘‘(iii) ADMINISTRATIVE COSTS.—The Director schools, families, and communities; section (a) shall be not more than 50 percent. may provide not more than 5 percent of the ‘‘(3) to encourage leadership, innovation, and ‘‘(2) GREATER THAN 50 PERCENT.—The Director funds made available for grants under this sub- applications of the most current technologies may use not more than 20 percent of the funds paragraph to pay the administrative costs of the and practices to enhance museum services; made available under this subtitle for a fiscal Pacific Region Educational Laboratory regard- ‘‘(4) to assist, encourage, and support muse- year to enter into arrangements under sub- ing activities assisted under this subpara- ums in carrying out their stewardship respon- section (a) for which the Federal share may be graph.’’. sibilities to achieve the highest standards in greater than 50 percent. SEC. 205. STATE PLANS. conservation and care of the cultural, historic, ‘‘(3) OPERATIONAL EXPENSES.—No funds for Section 224 of the Library Services and Tech- natural, and scientific heritage of the United operational expenses may be provided under this nology Act (20 U.S.C. 9134) is amended— States to benefit future generations; section to any entity that is not a museum. (1) in subsection (a)(1), by striking ‘‘not later ‘‘(5) to assist, encourage, and support muse- ‘‘(c) REVIEW AND EVALUATION.— than April 1, 1997.’’ and inserting ‘‘once every 5 ums in achieving the highest standards of man- ‘‘(1) IN GENERAL.—The Director shall establish years, as determined by the Director.’’; and agement and service to the public, and to ease procedures for reviewing and evaluating ar- (2) in subsection (f)— the financial burden borne by museums as a re- rangements described in subsection (a) entered (A) by striking ‘‘this Act’’ each place such sult of their increasing use by the public; and into under this subtitle. term appears and inserting ‘‘this subtitle’’; ‘‘(6) to support resource sharing and partner- ‘‘(2) APPLICATIONS FOR TECHNICAL ASSIST- (B) in paragraph (1)— ships among museums, libraries, schools, and ANCE.— (i) by striking ‘‘section 213(2)(A) or (B)’’ and other community organizations.’’. ‘‘(A) IN GENERAL.—The Director may use not inserting ‘‘section 213(1)(A) or (B)’’; and SEC. 302. DEFINITIONS. more than 10 percent of the funds appropriated (ii) by striking ‘‘1934,’’ and all that follows Section 272(1) of the Museum and Library to carry out this subtitle for technical assistance through ‘‘Act, may’’ and inserting ‘‘1934 (47 Services Act (20 U.S.C. 9172(1)) is amended by awards. U.S.C. 254(h)(6)) may’’; and adding at the end the following: ‘‘Such term in- ‘‘(B) INDIVIDUAL MUSEUMS.—Individual muse- (C) in paragraph (7)— cludes aquariums, arboretums, botanical gar- ums may receive not more than 3 technical as- (i) in the matter preceding subparagraph (A), dens, art museums, children’s museums, general sistance awards under subparagraph (A), but by striking ‘‘section:’’ and inserting ‘‘sub- museums, historic houses and sites, history mu- subsequent awards for technical assistance shall section:’’; and seums, nature centers, natural history and an- be subject to review outside the Institute. (ii) in subparagraph (D), by striking ‘‘given’’ thropology museums, planetariums, science and ‘‘(d) SERVICES FOR NATIVE AMERICANS.—From and inserting ‘‘applicable to’’. technology centers, specialized museums, and amounts appropriated under section 275, the Di- SEC. 206. GRANTS TO STATES. zoological parks.’’. rector shall reserve 1.75 percent to award grants to, or enter into contracts or cooperative agree- Section 231 of the Library Services and Tech- SEC. 303. MUSEUM SERVICES ACTIVITIES. ments with, Indian tribes and organizations nology Act (20 U.S.C. 9141) is amended— Section 273 of the Museum and Library Serv- that primarily serve and represent Native Ha- (1) in subsection (a), by striking paragraphs ices Act (20 U.S.C. 9173) is amended to read as waiians (as defined in section 7207 of the Native (1) and (2) and inserting the following: follows: ‘‘(1) expanding services for learning and ac- Hawaiian Education Act (20 U.S.C. 7517)), to cess to information and educational resources in ‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES. enable such tribes and organizations to carry a variety of formats, in all types of libraries, for ‘‘(a) IN GENERAL.—The Director, subject to out the activities described in subsection (a).’’. the policy advice of the Museum and Library individuals of all ages; SEC. 304. REPEALS. Services Board, may enter into arrangements, ‘‘(2) developing library services that provide Sections 274 and 275 of the Museum and Li- including grants, contracts, cooperative agree- all users access to information through local, brary Services Act (20 U.S.C. 9174 and 9175) are ments, and other forms of assistance, with muse- State, regional, national, and international repealed. ums and other entities as the Director considers electronic networks; SEC. 305. AUTHORIZATION OF APPROPRIATIONS. ‘‘(3) providing electronic and other linkages appropriate, to pay the Federal share of the cost of— Section 276 of the Museum and Library Serv- among and between all types of libraries; ices Act (20 U.S.C. 9176) is amended— ‘‘(4) developing public and private partner- ‘‘(1) supporting museums in providing learning and access to collections, information, and (1) in subsection (a), by striking ‘‘$28,700,000 ships with other agencies and community-based for the fiscal year 1997, and such sums as may organizations; educational resources in a variety of formats (including exhibitions, programs, publications, be necessary for each of the fiscal years 1998 ‘‘(5) targeting library services to individuals of through 2002.’’ and inserting ‘‘$38,600,000 for fis- diverse geographic, cultural, and socioeconomic and websites) for individuals of all ages; ‘‘(2) supporting museums in building learning cal year 2004 and such sums as may be nec- backgrounds, to individuals with disabilities, essary for fiscal years 2005 through 2009.’’; and and to individuals with limited functional lit- partnerships with the Nation’s schools and developing museum resources and programs in (2) by redesignating such section as section eracy or information skills; and 275 of such Act. ‘‘(6) targeting library and information services support of State and local school curricula; to persons having difficulty using a library and ‘‘(3) supporting museums in assessing, con- SEC. 306. SHORT TITLE. to underserved urban and rural communities, serving, researching, maintaining, and exhib- Subtitle C of the Museum and Library Serv- including children (from birth through age 17) iting their collections, and in providing edu- ices Act (20 U.S.C. 9171 et seq.) is amended— from families with incomes below the poverty cational programs to the public through the use (1) by redesignating sections 271, 272, and 273 line (as defined by the Office of Management of their collections; as sections 272, 273, and 274, respectively; and (2) by inserting after the subtitle heading the and Budget and revised annually in accordance ‘‘(4) stimulating greater collaboration among following: with section 673(2) of the Community Services museums, libraries, schools, and other commu- Block Grant Act (42 U.S.C. 9902(2))) applicable nity organizations in order to share resources ‘‘SEC. 271. SHORT TITLE. to a family of the size involved.’’; and and strengthen communities; ‘‘This subtitle may be cited as the ‘Museum (2) in subsection (b), by striking ‘‘between the ‘‘(5) encouraging the use of new technologies Services Act’.’’. two purposes described in paragraphs (1) and and broadcast media to enhance access to mu- TITLE IV—NATIONAL COMMISSION ON LI- (2) of such subsection,’’ and inserting ‘‘among seum collections, programs, and services; BRARIES AND INFORMATION SCIENCE such purposes,’’. ‘‘(6) supporting museums in providing services ACT to people of diverse geographic, cultural, and SEC. 207. NATIONAL LEADERSHIP GRANTS, CON- socioeconomic backgrounds and to individuals SEC. 401. AMENDMENT TO CONTRIBUTIONS. TRACTS, OR COOPERATIVE AGREE- Section 4 of the National Commission on Li- MENTS. with disabilities; braries and Information Science Act (20 U.S.C. Section 262(a)(1) of the Library Services and ‘‘(7) supporting museums in developing and 1503) is amended by striking ‘‘accept, hold, ad- Technology Act (20 U.S.C. 9162(a)(1)) is amend- carrying out specialized programs for specific minister, and utilize gifts, bequests, and devises ed by striking ‘‘education and training’’ and in- segments of the public, such as programs for of property,’’ and inserting ‘‘solicit, accept, serting ‘‘education, recruitment, and training’’. urban neighborhoods, rural areas, Indian reservations, and State institutions; hold, administer, invest in the name of the TITLE III—MUSEUM SERVICES ‘‘(8) supporting professional development and United States, and utilize gifts, bequests, and SEC. 301. PURPOSE. technical assistance programs to enhance mu- devises of services or property,’’. Section 271 of the Museum and Library Serv- seum operations at all levels, in order to ensure SEC. 402. AMENDMENT TO MEMBERSHIP. ices Act (20 U.S.C. 9171) is amended to read as the highest standards in all aspects of museum Section 6(a) of the National Commission on follows: operations; Libraries and Information Science Act (20 ‘‘SEC. 271. PURPOSE. ‘‘(9) supporting museums in research, program U.S.C. 1505(a)) is amended— ‘‘It is the purpose of this subtitle— evaluation, and the collection and dissemina- (1) in the second sentence, by striking ‘‘and at ‘‘(1) to encourage and support museums in tion of information to museum professionals and least one other of whom shall be knowledgeable carrying out their public service role of con- the public; and with respect to the library and information serv- necting the whole of society to the cultural, ar- ‘‘(10) encouraging, supporting, and dissemi- ice and science needs of the elderly’’; tistic, historical, natural, and scientific under- nating model programs of museum and library (2) by striking the fourth sentence and insert- standings that constitute our heritage; collaboration. ing the following: ‘‘A majority of members of the

VerDate jul 14 2003 04:42 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A16SE7.014 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8251 Commission who have taken office and are serv- ‘‘Subtitle C—Museum Services’’. seum and library services and builds on ing on the Commission shall constitute a (e) CONTRIBUTIONS.—Section 208 of the Mu- the bipartisan progress made by the quorum for conduct of business at official meet- seum and Library Services Act (20 U.S.C. 9106) committee during the 107th Congress. ings of the Commission’’; and (as redesignated by section 104 of this Act) is In March, the House overwhelmingly (3) in the fifth sentence, by striking ‘‘five amended by striking ‘‘property of services’’ and years, except that’’ and all that follows through passed H.R. 13 by a vote of 416 to 2. inserting ‘‘property or services’’. Since then, we have been working with the period and inserting ‘‘five years, except (f) STATE PLAN CONTENTS.—Section 224(b)(5) that— of the Library Services and Technology Act (20 the Senate to reach agreement on a ‘‘(1) a member of the Commission appointed to U.S.C. 9134(b)(5)) is amended by striking ‘‘and’’ consensus reauthorization bill that we fill a vacancy occurring prior to the expiration at the end. could get to the President as quickly of the term for which the member’s predecessor (g) NATIONAL LEADERSHIP GRANTS, CON- as possible. Today, the House will con- was appointed, shall be appointed only for the TRACTS, OR COOPERATIVE AGREEMENTS.—Section sider that consensus bill, which passed remainder of such term; and 262(b)(1) of the Library Services and Technology the Senate by unanimous consent on ‘‘(2) any member of the Commission may con- Act (20 U.S.C. 9162(b)(1)) is amended by striking tinue to serve after an expiration of the mem- August 1, 2003. ‘‘cooperative agreements, with,’’ and inserting Generally, this legislation authorizes ber’s term of office until such member’s suc- ‘‘cooperative agreements with,’’. cessor is appointed, has taken office, and is the Federal Library and Museums pro- SEC. 505. REPEALS. gram under the Institute of Museum serving on the Commission.’’. (a) NATIONAL COMMISSION ON LIBRARIES AND TITLE V—MISCELLANEOUS PROVISIONS INFORMATION SCIENCE ACT.—Section 5 of the and Library Services. More specifi- SEC. 501. AMENDMENTS TO ARTS AND ARTIFACTS National Commission on Libraries and Informa- cally, the bipartisan, bicameral version INDEMNITY ACT. tion Science Act (20 U.S.C. 1504) is amended— of the Museum and Library Services Section 5 of the Arts and Artifacts Indemnity (1) by striking subsections (b) and (c); and Act prohibits projects that are deter- Act (20 U.S.C. 974) is amended— (2) by redesignating subsections (d), (e), and mined to be obscene from receiving (1) in subsection (b), by striking (f) as subsections (b), (c), and (d), respectively. funding; ensures that library activities ‘‘$5,000,000,000’’ and inserting ‘‘$8,000,000,000’’; (b) MUSEUM AND LIBRARY SERVICES ACT OF 1996.—Sections 704 through 707 of the Museum are coordinated with activities under (2) in subsection (c), by striking ‘‘$500,000,000’’ the No Child Left Behind Act of 2001; and inserting ‘‘$600,000,000’’; and and Library Services Act of 1996 (20 U.S.C. 9102 (3) in subsection (d)— note, 9103 note, and 9105 note) are repealed. consolidates museum and library advi- (A) in paragraph (6), by striking ‘‘or’’ after SEC. 506. EFFECTIVE DATE. sory board activities under a single the semicolon; The amendments made by this Act shall take statute; and ensures that administra- (B) by striking paragraph (7) and inserting effect on the date of enactment of this Act, ex- tive funds are also used to conduct an- the following: cept that the amendments made by sections 203, nual analyses of the impact of museum ‘‘(7) not less than $400,000,000 but less than 204, and 305 of this Act shall take effect on Oc- and library services to identify needs $500,000,000, then coverage under this chapter tober 1, 2003. and trends of services provided under shall extend only to loss or damage in excess of The SPEAKER pro tempore. Pursu- funded programs. the first $400,000 of loss or damage to items cov- ant to the rule, the gentleman from ered; or In addition, H.R. 13 contains provi- ‘‘(8) $500,000,000 or more, then coverage under Michigan (Mr. HOEKSTRA) and the gen- sions to increase indemnity caps under this chapter shall extend only to loss or damage tleman from Texas (Mr. HINOJOSA) each the Arts and Artifacts Indemnity Act. in excess of the first $500,000 of loss or damage will control 20 minutes. These changes to the Arts and Arti- to items covered.’’. The Chair recognizes the gentleman facts Indemnity Act are designed to SEC. 502. NATIONAL CHILDREN’S MUSEUM. from Michigan (Mr. HOEKSTRA). better facilitate the international ex- (a) DESIGNATION.—The Capital Children’s GENERAL LEAVE change between museum exhibitions in Museum located at 800 Third Street, NE, Wash- Mr. HOEKSTRA. Mr. Speaker, I ask light of increased commercial insur- ington, D.C. (or any successor location), orga- unanimous consent that all Members ance costs for international museum nized under the laws of the District of Colum- bia, is designated as the ‘‘National Children’s may have 5 legislative days within exhibitions since September 11, 2001. Museum’’. which to revise and extend their re- The Library and Services and Tech- (b) REFERENCES.—Any reference in a law, marks on H.R. 13. nology subtitle of this legislation is map, regulation, document, paper, or other The SPEAKER pro tempore. Is there the only Federal program solely de- record of the United States to the Capital Chil- objection to the request of the gen- voted to supporting libraries and will dren’s Museum referred to in subsection (a) tleman from Michigan? assist libraries in providing crucial shall be deemed to be a reference to the National There was no objection. services to the communities they Children’s Museum. Mr. HOEKSTRA. Mr. Speaker, I yield serve. Throughout our Nation, libraries SEC. 503. CONFORMING AMENDMENT. myself such time as I may consume. are at the forefront of reading and fam- Section 170(e)(6)(B)(i)(III) of the Internal Rev- Mr. Speaker, H.R. 13, the Museum ily literacy programs. Additionally, li- enue Code of 1986 (relating to the special rule and Library Services Act of 2003, au- braries serve as essential links to the for contributions of computer technology and equipment for educational purposes) is amended thorizes Federal assistance to muse- business community, assisting with job by striking ‘‘section 213(2)(A) of the Library ums and libraries through fiscal year creation, training programs, and busi- Services and Technology Act (20 U.S.C. 2009. The bill before the House today ness development initiatives. They are 9122(2)(A)’’ and inserting ‘‘section 213(1)(A) of maintains the modest, but essential, also critical for many people with dis- the Library Services and Technology Act (20 Federal support for museums and li- abilities, providing them with special- U.S.C. 9122(1)(A))’’. braries; encourages model cooperation ized materials and resources that are SEC. 504. TECHNICAL CORRECTIONS. between museums and libraries; and obtainable in a single location. For (a) TITLE HEADING.—The title heading for the authorizes funds for the one Federal older Americans, libraries provide a Museum and Library Services Act (20 U.S.C. agency, the Institute of Museum and place to interact with others, use the 9101 et seq.) is amended to read as follows: Library Services, devoted exclusively Internet, and receive services. For ‘‘TITLE II—MUSEUM AND LIBRARY to museums and libraries. those persons of limited resources or SERVICES’’. Last Congress, the Committee on who live in remote areas, libraries pro- (b) SUBTITLE A HEADING.—The subtitle head- Education and the Workforce reported vide access to books and reference ma- ing for subtitle A of the Museum and Library a bipartisan authorization bill that had Services Act (20 U.S.C. 9101 et seq.) is amended terials, computers and the Internet and to read as follows: 94 cosponsors. It was supported by the community-based social services that administration, and it was endorsed by . are often available nowhere else. ‘‘Subtitle A—General Provisions’’ the American Library Association, the The Museum Services subtitle of this (c) SUBTITLE B HEADING.—The subtitle head- Chief Officers of State Library Agen- legislation supports museums and their ing for subtitle B of the Museum and Library Services Act (20 U.S.C. 9121 et seq.) is amended cies, and the American Association of educational role and assists museums to read as follows: Museums. To complete our work from in modernizing their methods and fa- ‘‘Subtitle B—Library Services and last Congress, at the start of this year cilities so that they are better able to Technology’’. I introduced H.R. 13, the Museum and conserve the cultural, historic, and sci- (d) SUBTITLE C HEADING.—The subtitle head- Library Services Act of 2003. This entific heritage of the United States. ing for subtitle C of the Museum and Library year’s bill has 126 cosponsors and Museums play an important role in the Services Act (20 U.S.C. 9171 et seq.) is amended makes several modifications to current education of people of all ages. Many to read as follows: law to streamline and strengthen mu- American museums provide K through

VerDate jul 14 2003 04:42 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A16SE7.014 H16PT1 H8252 CONGRESSIONAL RECORD — HOUSE September 16, 2003 12 educational programming, with I am proud that with this bill we are Mrs. MILLER of Michigan. Mr. most using local and State curriculum reaffirming our national commitment Speaker, I rise in support today of H.R. standards to shape their programs. Ad- to the institutions that provide access 13, the Museum and Library Services ditionally, museums increasingly part- to information and technology for Act. I would like to thank my distin- ner with libraries to offer joint edu- many in our community who would not guished colleague and friend, the gen- cational opportunities for adults as otherwise have access to this wealth of tleman from Michigan (Mr. HOEKSTRA) well as children. information. Through this legislation, for introducing this legislation. His The Museum and Library Services we are demonstrating to the Nation leadership on education issues has been Act of 2003 makes commonsense re- that we value the key institutions that instrumental, quite frankly, in pre- forms to authorize museum and library preserve and promote our cultural her- paring our Nation’s youth for their fu- activities. This consensus bill includes itage. ture and for ensuring a high quality of provisions important to Republicans The Museum and Library Services life in our communities. and Democrats in both the House and Act strengthens the Federal support As a cosponsor of H.R. 13, I urge my the Senate. for museum and library programs. It colleagues to pass this very important We have worked hard to ensure that reauthorizes the Library Services and legislation. The Museum and Library views from all interested parties were Technology Act, raising the authoriza- Services Act does more than simply au- considered as we crafted our com- tion level to $232 million and increas- thorize funds. It improves the effi- promise. I would like to thank all of ing the minimum State allotment to ciency and delivery of the services that those who participated in this process, $680,000. libraries and museums supply to facili- which actually began in the last Con- tate access to important resources b 1630 gress, including the ranking Democrat such as reference materials, classical on the subcommittee, the gentleman These grants can be used for expand- literature and the Internet also. from Texas (Mr. HINOJOSA). I thank ing services, for learning and access to In addition, this legislation coordi- him again for his support in getting us informational and educational re- nates services offered by libraries and to the point where we are today. The sources in a variety of formats, for pro- museums so they can match these Institute of Museum and Library Serv- viding electronic and other linkages goals outlined in No Child Left Behind. ices, the American Library Associa- among and between all types of librar- By giving these great institutions the tion, and the Chief Officers of State Li- ies and for targeting services to people tools they need to maximize their im- brary Agencies and the American Asso- of diverse geographic, cultural and pact on schools and communities, this ciation of Museums, they deserve a socio-economic backgrounds. House can confirm its commitment to great deal of credit for the bipartisan This legislation also reauthorizes the ensure that, indeed, no child is left be- bill that is before us today. Museum Services Act to encourage and hind. I would also like to thank the gen- support museums in carrying out their The effect of libraries and museums tleman from California (Mr. GEORGE public service, educational and leader- on education cannot be overlooked, but MILLER), the ranking member of the ship roles as stewards of the cultural, we must also examine the role these in- full committee, and the gentleman historic, natural and scientific herit- stitutions play in improving the qual- from Ohio (Mr. BOEHNER), the chair- age of the United States of America. ity of life of the communities that they man of the full committee, for their This part of the legislation increased serve. Libraries and museums are cul- support of this legislation, and also to the authorization of this important tural centers and meeting places for the committee staff on both the minor- program to $38.6 million for fiscal year friends and for families. They are foun- ity and majority side in both the House 2004. dations of learning and of entertain- and the Senate that did a tremendous Mr. Speaker, in my congressional dis- ment. We must support these institu- amount of work to get this bill to the trict this program has provided invalu- tions so that they can continue to sup- floor today. able support to the International Mu- port our community. Today will complete the work on the seum of Art and Sciences in my Mr. Speaker, I found it imperative Museum and Library Services Act. McAllen, as well as to the Donna that I speak today on H.R. 13. As my This bill will go to the President; and Hooks Fletcher Historical Museum in distinguished colleague had mentioned, once it is signed into law, we can en- Donna; and there are many others that as Michigan’s former Secretary of sure that our Nation’s museums and li- have benefitted as well. As a result of State, actually part of my responsibil- braries are getting the best assistance this program these museums will ities for 7 years was serving as Official we are able to provide from the Federal strengthen their conservation pro- Historian of the great State of Michi- level. grams and increase their base of sup- gan and the department I oversaw had Mr. Speaker, I urge my colleagues to port in their community. jurisdiction, of course, over the Michi- support H.R. 13, the Museum and Li- Also, H.R. 13 incorporates the Arts gan Historical Center. This center is brary Services Act of 2003. and Artifacts Indemnity Act intro- truly one of the greatest cultural as- Mr. Speaker, I reserve the balance of duced by my good friend and colleague, sets in our State, and so I have first- my time. the gentlewoman from Minnesota (Ms. hand knowledge of the great work of Mr. HINOJOSA. Mr. Speaker, I yield MCCOLLUM). This act increases the in- our State’s libraries and of our muse- myself such time as I may consume. demnity coverage to $600 million per ums, and with the passage of H.R. 13, Mr. Speaker, I rise in strong support exhibition. I thank the gentlewoman these institutions will be able to con- of H.R. 13, the Museum and Library from Minnesota for her work on this tinue their great work. Services Act of 2003. I would like to say important issue. In October of this year, the Clinton- to the over 117,000 libraries and to more Finally, I would like to commend the Macomb Public Library will be dedi- than 16,000 museums nationwide, you committee staff for their excellent cating its new main library back in my have a real friend and champion in the work on this bill. In particular, I com- home County of Macomb. This facility gentleman from Michigan (Mr. HOEK- mend Rich Stombres and Rebecca Hunt will be the largest library in Macomb STRA), the chairman of the Sub- of the majority staff for their efforts County and actually will be the sev- committee on Select Education. I also on this bill. I also wish to applaud the enth largest library building in our commend the chairman and the rank- hard work of our Democratic com- great State of Michigan. ing member of the Committee on Edu- mittee staff, Ricardo Martinez and The services of this new state-of-the- cation and the Workforce, the gen- Cheryl Johnson. This was a job well art library, some that they will pro- tleman from Ohio (Mr. BOEHNER) and done. vide, are simply remarkable. Not only the gentleman from California (Mr. Mr. Speaker, I reserve the balance of will it have the newest technology that GEORGE MILLER) for their leadership in my time. is available, but the library will enact producing this bipartisan legislation. Mr. HOEKSTRA. Mr. Speaker, I yield a 24-hour delivery system. This will ac- This bill not only has strong bipartisan 4 minutes to the gentlewoman from tually be the first of its kind in the support, it also has broad support from Michigan (Mrs. MILLER), the former Of- world. Additionally, its automated the library and the museum commu- ficial State Historian of the State of sorting will be only one of 10 in the nity throughout the country. Michigan. United States.

VerDate jul 14 2003 04:42 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.051 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8253 The Clinton-Macomb Public Library For those of limited financial re- leadership of the gentleman from will be more than a collection of books sources or who live in remote areas, li- Michigan (Mr. HOEKSTRA) have an done or microfilm, its children services have braries provide access available no- an outstanding job in bringing us to been designed to meet the literacy where else to books and reference ma- this point. I want to congratulate them needs of our children with a strong terials, computer services and other on their efforts. focus on pre-schoolers. The new library community-based services. Mr. HOEKSTRA. Mr. Speaker, I yield will include learning centers for chil- Museums across the country work myself such time as I may consume. dren and there will be computers with with our local schools to provide K Mr. Speaker, I thank the gentleman educational software designed to in- through 12 educational programming. for his kind words. We have had a very spire learning in young children. They are an important source of cul- successful year in the full committee. In addition, new technology will be tural and historical knowledge, helping We are glad to contribute a bill that available to all library users regardless to promote learning about the history also has now made it through the com- of age. The construction of this library and traditions of our country and other mittee. is truly a great thing. With the advent nations around the world. In addition, I would like to recognize one of our of the Internet many believed that li- museums serve as places where people colleagues on the minority side who is braries would be a thing of the past. of different backgrounds come together not here but who is the only librarian The Clinton-Macomb Public Library is to share information about history, in Congress, the gentleman from New proof positive that this is not true. In- culture, and civilization. York (Mr. OWENS), for the assistance stead, the demands for services pro- In the last Congress, the gentleman that he has provided in putting this vided by libraries has absolutely ex- from Michigan (Mr. HOEKSTRA) worked bill together. I know he has been very ploded. It has expanded. The libraries in a bipartisan manner to report the interested in what we have been doing and museums are often on the cutting Museum and Library Services Act of and has helped craft this final bill edge in utilization of technology as a 2002 and he worked very closely with based on the background and the expe- tool for customer service. the gentleman from Texas (Mr. rience that he has had. Mr. Speaker, this legislation is good HINOJOSA). In this Congress, these gen- I thank the gentleman from Texas government. It supports the institu- tlemen continued to author H.R. 13, the (Mr. HINOJOSA) for his help, and I look tions that positively affect the lives of Museum and Library Services Act of forward to working together with him our citizens, and in a time when our 2003, that passed the House by a vote of on other pieces of legislation. children are exposed to so many things 416 to 2, and that happened earlier this Mr. GIBBONS. Mr. Speaker, I rise today to that are negative, libraries and muse- year. express my great support for H.R. 13, the Mu- ums offer services and resources that Since then the two gentlemen have seum and Library Services Act of 2003. This help our children grow and learn. been working with the Senate on a bi- compromise bill will provide libraries, through- I was proud to cosponsor this bill. I partisan compromise bill that has the out our nation with an additional $232 million was proud to vote in favor of this bill support of the Bush administration and in funding. in March of this year, and I am cer- has been endorsed by the American Li- Libraries are at the forefront of promoting tainly proud to speak in favor of the brary Association, the Chief Officers of our reading and family literacy efforts. This ad- bill today. State Library Agencies, and the Amer- Mr. HINOJOSA. Mr. Speaker, I yield ditional funding will allow libraries to maintain ican Association of Museums. The Sen- myself such time as I may consume. their traditional commitment to educating all Mr. Speaker, as we approach the end ate passed that compromise bill by Americans, young and old, while also fur- of this debate on H.R. 13, I wish to com- unanimous consent on August 1 of this thering their work to keep pace with the devel- mend my friend and colleague, the year. opment of technology by adding electronic chairman of our Subcommittee on Se- I just want to commend both the gen- media and new computers. lect Education of the Committee on tleman from Michigan (Mr. HOEKSTRA) This bill will also greatly benefit our muse- Education and the Workforce, the gen- and the gentleman from Texas (Mr. ums, which showcase our heritage, art, and HINOJOSA) and the staff on both sides of tleman from Michigan (Mr. HOEKSTRA), accomplishments. This year, more than 865 for the work that we have been able to the aisle for all of the work that they million people will visit a museum in America. do in our committee in a bipartisan have put into this very important piece Similarly, millions of students will check out manner. I look forward to working on of legislation. their first book from their local library, and mil- many other bills that he and I have dis- This legislation before us today funds lions of families will gather for community lit- cussed as we move along this year and the Institute of Museum and Library eracy and learning programs. The role of li- go into the second half on the 108th Services, a Federal agency devoted ex- braries and museums in American society is Congress. clusively to museums and libraries critical. Mr. Speaker, I have no further speak- which partner with our Nation’s I personally remember my hometown library ers, and I yield back the balance of my schools. It consolidates the Museum and my hometown librarian, Marther Gould, time. and Library Board activities to reduce who now serves on the National Commission Mr. HOEKSTRA. Mr. Speaker, I yield unnecessary paperwork and duplication on Libraries and Information Science. She such time as he may consume to the and prohibits projects that are deter- stands as a stalwart supporter of our library gentleman from Ohio (Mr. BOEHNER), mined to be obscene from receiving system and works diligently to ensure that the chairman of the full committee. funding. they keep up with 21st century technology. Mr. BOEHNER. Mr. Speaker, I thank In addition, the reauthorization of I urge all of my colleagues to support H.R. the Members on both sides of the aisle the Museum and Library Services Act 13, so it can be signed into law to ensure that for the good work that has been done is an important next step in ensuring our libraries and museums can continue to on this bill. that the President’s education reforms serve our nation and future generations of This year millions of Americans will signed into law last year are properly Americans. visit a museum in America and mil- implemented. The bill requires that all Ms. MCCARTHY of Missouri. Mr. Speaker, I lions more will visit their local library library activities are coordinated with rise today in strong support for H.R. 13, legis- for books and other community serv- activities under the No Child Left Be- lation to reauthorize the Museum and Library ices. hind Act, President Bush’s landmark Services Act. Libraries and museums play a vital education reform legislation. I want to thank my colleagues, Mr. HOEK- role in educating our children and in Let me also thank my good friend STRA, from Michigan, and Mr. HINOJOSA, from promoting our communities. Through- and colleague, the ranking Democrat Texas, for their efforts on behalf of our na- out our Nation libraries are at the fore- on our committee, the gentleman from tion’s museums and libraries. front of reading and family literacy California (Mr. MILLER), for his support As a former teacher, I have witnessed first- programs. Libraries are critical to of this bill as we moved it through hand the power of libraries. many people with disabilities, pro- committee and as we have gotten Libraries in my district and across the Na- viding them with specialized materials agreement with our colleagues in the tion offer citizens the tools they need to stay and resources that are obtainable in a other body. I think all of the Members informed, keep in touch with people far and single accessible location. on both sides of the aisle under the wide, and be an active part of this community

VerDate jul 14 2003 04:42 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K16SE7.054 H16PT1 H8254 CONGRESSIONAL RECORD — HOUSE September 16, 2003 and world. They are critical to our efforts to leges and universities, hospitals, law firms, announce my intention to offer a mo- educate our citizens. businesses, the armed forces and more. In tion to instruct on H.R. 1308, the Child In my own district, thanks to the help of fact, a recent study found that the majority of Tax Credit bill. The form of the motion thousands of volunteers and donors, the main Americans felt libraries play a unique role be- is as follows: branch of the Kansas City library will soon cause they provide access to everything on Mr. Speaker, I move that the managers on open a state of the art facility in the newly ren- the Web or in print, as well as personal serv- the part of the House in the conference on ovated First National Bank Building located in ice and assistance in finding it. the disagreeing votes of the two Houses on downtown Kansas City. When it opens in the The Institute for Museum and Library Serv- the House amendment to the Senate amend- spring of 2004, the new library will feature ex- ment to H.R. 1308 be instructed as follows: ices offers unique and vital educational serv- 1. The House conferees shall be instructed panded community meeting spaces, 107 more ices to all Americans. By funding libraries and to include in the conference report the provi- networked public computers, and 110 network museums, we improve access to information, sion of the Senate amendment (not included ports for public use. In addition to its historical improve care of collections and enhance com- in the House amendment) that provides im- preservation, what is especially exciting about munity service. mediate payments to taxpayers receiving an this project is the amount of public-private col- With the growing momentum and implemen- additional credit by reason of the bill in the laboration that has gone into the process. And tation of No Child Left Behind, I encourage my same manner as other taxpayers were enti- that is what this bill today is all about. colleagues to recognize museums and librar- tled to immediate payments under the Jobs The Institute for Museum and Library Serv- ies as supporting players in helping our young and Growth Tax Relief Reconciliation Act of 2003. ices has been a model for collaboration be- students and engaging their families. 2. The House conferees shall be instructed tween the Federal government and local com- Mr. HOEKSTRA. Mr. Speaker, I have to include in the conference report the provi- munities and libraries. Since its inception in no further requests for time, and I sion of the Senate amendment (not included 1996, IMLS has provided more than $16.7 mil- yield back the balance of my time. in the House amendment) that provides fam- lion to support library and museum activities in The SPEAKER pro tempore (Mr. ilies of military personnel serving in Iraq, Missouri. The Kansas City Public Library has SIMPSON). The question is on the mo- Afghanistan, and other combat zones a child received considerable support, and the Nel- tion offered by the gentleman from credit based on the earnings of the individuals serving in the combat zone. son-Atkins Museum of Art has also benefited Michigan (Mr. HOEKSTRA) that the 3. The House conferees shall be instructed from IMLS funding. The Museum and Library House suspend the rules and concur in to include in the conference report all of the Services Act has made a difference in libraries the Senate amendment to the bill, H.R. other provisions of the Senate amendment and communities all over America and this re- 13. and shall not report back a conference report authorization will help us continue that legacy. The question was taken; and (two- that includes additional tax benefits not off- Since this legislation was first passed in thirds having voted in favor thereof) set by other provisions. 1996, our nation has continued to lead the the rules were suspended and the Sen- 4. To the maximum extent possible within digital revolution. The Internet, e-mail, and ate amendment was concurred in. the scope of conference, the House conferees shall be instructed to include in the con- wireless technologies have transformed the A motion to reconsider was laid on ference report other tax benefits for military way we work and communicate. Unfortunately, the table. personnel and the families of the astronauts many Americans are cut off from the jobs and f who died in the Columbia disaster. economic benefits that these amazing techno- 5. The House conferees shall, as soon as RECESS logical advances offer. practicable after the adoption of this mo- Libraries are an important part of our efforts The SPEAKER pro tempore. Pursu- tion, meet in open session with the Senate to bridge this divide. They offer networked ant to clause 12(a) of rule I, the Chair conferees and the House conferees shall file a conference report consistent with the pre- public computers, access to the Internet, and declares the House in recess until approximately 6:30 p.m. ceding provisions of this instruction, not personalized assistance. Today’s legislation later than the second legislative day after will provide funding for local communities to Accordingly (at 4 o’clock and 43 min- adoption of this motion. utes p.m.), the House stood in recess improve and expand these efforts. The SPEAKER pro tempore. The no- Mr. Speaker, all of us agree that our librar- until approximately 6:30 p.m. tice will appear in the RECORD. ies and museums are an integral part of our f f communities. Unfortunately, in these tough b 1836 economic times, these vital community re- GENERAL LEAVE sources are often slated for funding cuts. The AFTER RECESS Mr. YOUNG of Florida. Mr. Speaker, legislation we approve today offers a helping The recess having expired, the House I ask unanimous consent that all Mem- hand. I urge my colleagues to support this bill. was called to order by the Speaker pro bers may have 5 legislative days in Mr. CASTLE. Mr. Speaker, I rise in support tempore (Mr. TERRY) at 6 o’clock and which to revise and extend their re- of H.R. 13, the Museum and Library Services 36 minutes p.m. marks on the motion to go to con- Act, which will reauthorize the library and mu- f ference on H.R. 2657, and that I may in- seums program under the Institute of Museum clude tabular and extraneous material. REPORT ON RESOLUTION PRO- and Library Services. The role our libraries The SPEAKER pro tempore. Is there VIDING FOR CONSIDERATION OF and museums play in educating our students, objection to the request of the gen- H.R. 7, CHARITABLE GIVING ACT adults and families is incomparable. The life- tleman from Florida? time learning encouraged by libraries and mu- OF 2003 There was no objection. seums across the country is something we Mr. LINDER, from the Committee on f should all support. Rules, submitted a privileged report I am particularly pleased that H.R. 13 raises (Rept. No. 108–273) on the resolution (H. APPOINTMENT OF CONFEREES ON the minimum State allotment. For smaller Res. 370) providing for consideration of H.R. 2657, LEGISLATIVE BRANCH States like Delaware, this makes a huge im- the bill (H.R. 7) to amend the Internal APPROPRIATIONS ACT, 2004 pact. For example, with assistance from The Revenue Code of 1986 to provide incen- Mr. YOUNG of Florida. Mr. Speaker, Institute of Museum and Library Services, tives for charitable contributions by I ask unanimous consent to take from Delaware was able to set the model for evolv- individuals and businesses, and for the Speaker’s table the bill (H.R. 2657) ing with growing technologies. Since 1996, other purposes, which was referred to making appropriations for the Legisla- DelAWARE, the Digital Library of the First the House Calendar and ordered to be tive Branch for the fiscal year ending State, has provided online information and printed. September 30, 2004, and for other pur- services to all citizens with a library card. f poses, with the Senate amendments Delaware was also the first state to provide thereto, disagree to the Senate amend- access for all its citizens to thousands of ANNOUNCEMENT OF INTENTION TO ments and agree to the conference newspapers and periodicals in public libraries OFFER MOTION TO INSTRUCT ON asked by the Senate. and remote access. H.R. 1308, TAX RELIEF, SIM- The SPEAKER pro tempore. Is there The support for libraries in Delaware is seen PLIFICATION, AND EQUITY ACT objection to the request of the gen- across the country. There are more than OF 2003 tleman from Florida? The Chair hears 117,000 libraries in the United States, includ- Mr. RYAN of Ohio. Mr. Speaker, sub- none and, without objection, appoints ing public libraries and libraries in schools, col- ject to rule XXII clause 7(c), I hereby the following conferees:

VerDate jul 14 2003 04:42 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A16SE7.031 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8255 For consideration of the House bill Bereuter Farr Lantos Radanovich Sessions Tiahrt and the Senate amendments, except for Berkley Feeney Larsen (WA) Rahall Shadegg Tiberi Berman Ferguson Larson (CT) Ramstad Shaw Tierney title III in the Senate amendment Berry Filner Latham Rangel Shays Toomey numbered 3, and modifications com- Biggert Flake LaTourette Regula Sherman Towns mitted to conference: Messrs. KING- Bilirakis Fletcher Leach Rehberg Sherwood Turner (OH) Bishop (GA) Foley Lee Renzi Shimkus Turner (TX) STON, LAHOOD, TIAHRT, CULBERSON, Bishop (NY) Forbes Levin Reyes Shuster Udall (CO) KIRK, YOUNG of Florida, MORAN of Vir- Bishop (UT) Ford Lewis (CA) Reynolds Simmons Udall (NM) ginia, PRICE of North Carolina, CLY- Blackburn Fossella Lewis (GA) Rodriguez Simpson Upton Rogers (AL) Skelton BURN and OBEY. Blumenauer Frank (MA) Lewis (KY) Van Hollen Blunt Franks (AZ) Linder Rogers (KY) Slaughter For consideration of title III in the Velazquez Boehlert Frelinghuysen Lipinski Rogers (MI) Smith (MI) Visclosky Senate amendment numbered 3, and Boehner Frost LoBiondo Ros-Lehtinen Smith (NJ) Vitter modifications committed to con- Bonilla Gallegly Lofgren Ross Smith (TX) Walden (OR) Rothman Smith (WA) Bonner Garrett (NJ) Lowey Walsh ference: Messrs. YOUNG of Florida, TAY- Roybal-Allard Snyder Bono Gerlach Lucas (KY) Wamp LOR of North Carolina and OBEY. Royce Solis Boozman Gibbons Lucas (OK) Waters Ruppersberger Souder There was no objection. Boswell Gilchrest Lynch Watson Rush Spratt Boucher Gillmor Majette Watt f Ryan (OH) Stark Boyd Gingrey Maloney Waxman Bradley (NH) Gonzalez Manzullo Ryan (WI) Stearns PERMISSION TO HAVE UNTIL MID- Ryun (KS) Stenholm Weiner Brady (PA) Goode Markey Weldon (FL) NIGHT, SEPTEMBER 18, 2003, TO Brady (TX) Goodlatte Marshall Sabo Strickland Sanchez, Linda Stupak Weldon (PA) FILE CONFERENCE REPORT ON Brown (OH) Gordon Matheson Weller Brown (SC) Goss Matsui T. Sweeney H.R. 2657, LEGISLATIVE BRANCH Sanchez, Loretta Tancredo Wexler Brown, Corrine Granger McCarthy (MO) Whitfield APPROPRIATIONS ACT, 2004 Brown-Waite, Graves McCarthy (NY) Sanders Tanner Sandlin Tauscher Wicker Ginny Green (WI) McCollum Wilson (NM) Mr. YOUNG of Florida. Mr. Speaker, Burgess Saxton Tauzin Greenwood McCotter Wilson (SC) I ask unanimous consent that the man- Burns Grijalva McCrery Schakowsky Taylor (MS) Schiff Taylor (NC) Wolf agers on the part of the House have Burr Gutierrez McDermott Schrock Terry Woolsey Burton (IN) Gutknecht McGovern until midnight, September 18, 2003, to Scott (GA) Thomas Wu Buyer Hall McHugh Scott (VA) Thompson (CA) Wynn file a conference report on the bill Calvert Harman McInnis Sensenbrenner Thompson (MS) Young (AK) (H.R. 2657) making appropriations for Camp Harris McIntyre Serrano Thornberry Young (FL) the Legislative Branch for the fiscal Cannon Hart McKeon year ending September 30, 2004, and for Cantor Hastings (FL) McNulty NOT VOTING—10 Capito Hastings (WA) Meehan other purposes. Capps Hayes Meek (FL) Carson (OK) Fattah Rohrabacher The SPEAKER pro tempore. Is there Capuano Hayworth Meeks (NY) Conyers Gephardt Sullivan Cubin Green (TX) Cardin Hefley Menendez objection to the request of the gen- Deutsch Pickering tleman from Florida? Cardoza Hensarling Mica Carson (IN) Herger Michaud ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE There was no objection. Carter Hill Millender- Case McDonald The SPEAKER pro tempore (Mr. f Hinchey Castle Hinojosa Miller (FL) TERRY) (during the vote). Members are MOTION TO CLOSE CONFERENCE Chabot Hobson Miller (MI) advised 2 minutes remain in this vote. Chocola Hoeffel Miller (NC) COMMITTEE MEETINGS ON H.R. Clay Hoekstra Miller, Gary b 1859 2658, DEPARTMENT OF DEFENSE Clyburn Holden Miller, George APPROPRIATIONS ACT, 2004, Coble Holt Mollohan So the motion was agreed to. Cole Honda Moore The result of vote was announced as WHEN CLASSIFIED NATIONAL Collins Hooley (OR) Moran (KS) SECURITY INFORMATION IS Cooper Hostettler Moran (VA) above recorded. UNDER CONSIDERATION Costello Houghton Murphy A motion to reconsider was laid on Cox Hoyer Murtha the table. Mr. YOUNG of Florida. Mr. Speaker, Cramer Hulshof Musgrave Mr. GREEN of Texas. Mr. Speaker, I pursuant to clause 12 of rule XXII, I Crane Hunter Myrick was unavoidably detained on rollcall move that meetings of the conference Crenshaw Hyde Nadler Crowley Inslee Napolitano vote 503 on H.R. 2658, the motion to between the House and the Senate on Culberson Isakson Neal (MA) close the conference. Had I been H.R. 2658 be closed to the public at such Cummings Israel Nethercutt present, I would have voted ‘‘aye.’’ times as classified national security in- Cunningham Issa Neugebauer Davis (AL) Istook Ney formation may be broached, providing Davis (CA) Jackson (IL) Northup f that any sitting Member of Congress Davis (FL) Jackson-Lee Norwood shall be entitled to attend any meeting Davis (IL) (TX) Nunes REMEMBERING AND HONORING of the conference. Davis (TN) Janklow Nussle THE MARCH ON WASHINGTON OF Davis, Jo Ann Jefferson Oberstar AUGUST 28, 1963 The SPEAKER pro tempore. Pursu- Davis, Tom Jenkins Obey ant to clause 12 of rule XXII, the mo- Deal (GA) John Olver The SPEAKER pro tempore. The tion is not debatable, and the yeas and DeFazio Johnson (CT) Ortiz pending business is the question of sus- DeGette Johnson (IL) Osborne nays are ordered. Delahunt Johnson, E. B. Ose pending the rules and agreeing to the Pursuant to clause 8 of rule XX, this DeLauro Johnson, Sam Otter resolution, H. Res. 352. vote will be followed by a 5-minute DeLay Jones (NC) Owens The Clerk read the title of the resolu- vote on the motion to suspend the DeMint Jones (OH) Oxley Diaz-Balart, L. Kanjorski Pallone tion. rules and adopt House Resolution 352, Diaz-Balart, M. Kaptur Pascrell The SPEAKER pro tempore. The by the yeas and nays, and a 15-minute Dicks Keller Pastor question is on the motion offered by vote on the motion to suspend the Dingell Kelly Paul the gentlewoman from Tennessee (Mrs. Doggett Kennedy (MN) Payne rules and pass S. 678 by the yeas and Dooley (CA) Kennedy (RI) Pearce BLACKBURN) that the House suspend nays. Doolittle Kildee Pelosi the rules and agree to the resolution, The vote was taken by electronic de- Doyle Kilpatrick Pence H. Res. 352, on which the yeas and nays vice, and there were—yeas 424, nays 0, Dreier Kind Peterson (MN) Duncan King (IA) Peterson (PA) are ordered. not voting 10, as follows: Dunn King (NY) Petri This will be a 5-minute vote. [Roll No. 503] Edwards Kingston Pitts The vote was taken by electronic de- Ehlers Kirk Platts vice, and there were—yeas 426, nays 0, YEAS—424 Emanuel Kleczka Pombo Abercrombie Baca Barrett (SC) Emerson Kline Pomeroy not voting 8, as follows: Ackerman Bachus Bartlett (MD) Engel Knollenberg Porter [Roll No. 504] Aderholt Baird Barton (TX) English Kolbe Portman Akin Baker Bass Eshoo Kucinich Price (NC) YEAS—426 Alexander Baldwin Beauprez Etheridge LaHood Pryce (OH) Abercrombie Akin Andrews Allen Ballance Becerra Evans Lampson Putnam Ackerman Alexander Baca Andrews Ballenger Bell Everett Langevin Quinn Aderholt Allen Bachus

VerDate jul 14 2003 04:42 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.058 H16PT1 H8256 CONGRESSIONAL RECORD — HOUSE September 16, 2003 Baird Dreier Kilpatrick Pence Sandlin Terry Beauprez English Kolbe Baker Duncan Kind Peterson (MN) Saxton Thomas Becerra Eshoo Kucinich Baldwin Dunn King (IA) Peterson (PA) Schakowsky Thompson (CA) Bell Etheridge LaHood Ballance Edwards King (NY) Petri Schiff Thompson (MS) Bereuter Evans Lampson Ballenger Ehlers Kingston Pitts Schrock Thornberry Berkley Everett Langevin Barrett (SC) Emanuel Kirk Platts Scott (GA) Tiahrt Berman Farr Lantos Bartlett (MD) Emerson Kleczka Pombo Scott (VA) Tiberi Berry Feeney Larsen (WA) Barton (TX) Engel Kline Pomeroy Sensenbrenner Tierney Biggert Ferguson Larson (CT) Porter Serrano Bass English Knollenberg Toomey Bilirakis Filner Latham Portman Sessions Beauprez Eshoo Kolbe Towns Bishop (GA) Flake LaTourette Becerra Etheridge Kucinich Price (NC) Shadegg Bishop (NY) Fletcher Leach Turner (OH) Bell Evans LaHood Pryce (OH) Shaw Bishop (UT) Foley Lee Turner (TX) Bereuter Everett Lampson Putnam Shays Blackburn Forbes Levin Udall (CO) Berkley Farr Langevin Quinn Sherman Blumenauer Fossella Lewis (CA) Udall (NM) Berman Feeney Lantos Radanovich Sherwood Blunt Frank (MA) Lewis (GA) Berry Ferguson Larsen (WA) Rahall Shimkus Upton Boehlert Franks (AZ) Lewis (KY) Biggert Filner Larson (CT) Ramstad Shuster Van Hollen Boehner Frelinghuysen Linder Bilirakis Flake Latham Rangel Simmons Velazquez Bonilla Frost Lipinski Bishop (GA) Fletcher LaTourette Regula Simpson Visclosky Bonner Gallegly LoBiondo Bishop (NY) Foley Leach Rehberg Skelton Vitter Bono Garrett (NJ) Lofgren Bishop (UT) Forbes Lee Renzi Slaughter Walden (OR) Boozman Gerlach Lowey Blackburn Ford Levin Reyes Smith (MI) Walsh Boswell Gibbons Lucas (KY) Blumenauer Fossella Lewis (CA) Reynolds Smith (NJ) Wamp Boucher Gilchrest Lucas (OK) Blunt Frank (MA) Lewis (GA) Rodriguez Smith (TX) Waters Boyd Gillmor Lynch Boehlert Franks (AZ) Lewis (KY) Rogers (AL) Smith (WA) Watson Bradley (NH) Gingrey Majette Boehner Frelinghuysen Linder Rogers (KY) Snyder Watt Brady (PA) Gonzalez Maloney Bonilla Frost Lipinski Rogers (MI) Solis Waxman Brady (TX) Goode Manzullo Ros-Lehtinen Souder Bonner Gallegly LoBiondo Weiner Brown (OH) Goodlatte Markey Ross Spratt Bono Garrett (NJ) Lofgren Weldon (PA) Brown (SC) Gordon Marshall Rothman Stark Boozman Gerlach Lowey Weller Brown, Corrine Goss Matheson Roybal-Allard Stearns Boswell Gibbons Lucas (KY) Wexler Brown-Waite, Granger Matsui Royce Stenholm Boucher Gilchrest Lucas (OK) Ginny Graves McCarthy (MO) Ruppersberger Strickland Whitfield Boyd Gillmor Lynch Burgess Green (TX) McCarthy (NY) Rush Stupak Wicker Bradley (NH) Gingrey Majette Burns Green (WI) McCollum Ryan (OH) Sullivan Wilson (NM) Brady (PA) Gonzalez Maloney Burr Greenwood McCotter Ryan (WI) Sweeney Wilson (SC) Brady (TX) Goode Manzullo Burton (IN) Grijalva McCrery Ryun (KS) Tancredo Wolf Brown (OH) Goodlatte Markey Buyer Gutierrez McDermott Sabo Tanner Woolsey Brown (SC) Gordon Marshall Calvert Gutknecht McGovern Sanchez, Linda Tauscher Wu Brown, Corrine Goss Matheson Camp Hall McHugh T. Tauzin Wynn Brown-Waite, Granger Matsui Cannon Harman McInnis Sanchez, Loretta Taylor (MS) Young (AK) Ginny Graves McCarthy (MO) Cantor Harris McIntyre Sanders Taylor (NC) Young (FL) Burgess Green (TX) McCarthy (NY) Capito Hart McKeon Burns Green (WI) McCollum NOT VOTING—8 Capps Hastings (FL) McNulty Burr Greenwood McCotter Capuano Hastings (WA) Meehan Cubin Fattah Rohrabacher Burton (IN) Grijalva McCrery Cardin Hayes Meek (FL) DeLay Gephardt Weldon (FL) Buyer Gutierrez McDermott Cardoza Hayworth Meeks (NY) Deutsch Pickering Calvert Gutknecht McGovern Carson (IN) Hefley Menendez Camp Hall McHugh ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Carson (OK) Hensarling Mica Cannon Harman McInnis Carter Herger Michaud Cantor Harris McIntyre The SPEAKER pro tempore (Mr. Case Hill Millender- Capito Hart McKeon TERRY) (during the vote). Members are Castle Hinchey McDonald Capps Hastings (FL) McNulty advised that there are 2 minutes re- Chabot Hinojosa Miller (FL) Capuano Hastings (WA) Meehan maining in this vote. Chocola Hobson Miller (MI) Cardin Hayes Meek (FL) Clay Hoeffel Miller (NC) Cardoza Hayworth Meeks (NY) b 1908 Clyburn Hoekstra Miller, Gary Carson (IN) Hefley Menendez Coble Holden Mollohan Carson (OK) Hensarling Mica So (two-thirds having voted in favor Cole Holt Moore Carter Herger Michaud thereof) the rules were suspended and Collins Honda Moran (KS) Case Hill Millender- Conyers Hooley (OR) Moran (VA) Castle Hinchey McDonald the resolution was agreed to. Cooper Hostettler Murphy Chabot Hinojosa Miller (FL) The result of the vote was announced Costello Houghton Murtha Chocola Hobson Miller (MI) as above recorded. Cox Hoyer Musgrave Clay Hoeffel Miller (NC) Cramer Hulshof Myrick Clyburn Hoekstra Miller, Gary A motion to reconsider was laid on Crane Hunter Nadler Coble Holden Miller, George the table. Crenshaw Hyde Napolitano Cole Holt Mollohan Crowley Inslee Neal (MA) Collins Honda Moore f Culberson Isakson Nethercutt Conyers Hooley (OR) Moran (KS) Cummings Israel Neugebauer Cooper Hostettler Moran (VA) POSTMASTERS EQUITY ACT OF Cunningham Issa Ney Costello Houghton Murphy 2003 Davis (AL) Istook Northup Cox Hoyer Murtha Davis (CA) Jackson (IL) Norwood Cramer Hulshof Musgrave The SPEAKER pro tempore. The Davis (FL) Jackson-Lee Nunes Crane Hunter Myrick pending business is the question of sus- Davis (IL) (TX) Nussle Crenshaw Hyde Nadler pending the rules and passing the Sen- Davis (TN) Janklow Oberstar Crowley Inslee Napolitano Davis, Jo Ann Jefferson Obey Culberson Isakson Neal (MA) ate bill, S. 678. Davis, Tom Jenkins Olver Cummings Israel Nethercutt The Clerk read the title of the Senate Deal (GA) John Ortiz Cunningham Issa Neugebauer bill. DeFazio Johnson (CT) Osborne Davis (AL) Istook Ney The SPEAKER pro tempore. The DeGette Johnson (IL) Ose Davis (CA) Jackson (IL) Northup Delahunt Johnson, E. B. Otter Davis (FL) Jackson-Lee Norwood question is on the motion offered by DeLauro Johnson, Sam Owens Davis (IL) (TX) Nunes the gentleman from Indiana (Mr. BUR- DeLay Jones (NC) Oxley Davis (TN) Janklow Nussle TON) that the House suspend the rules DeMint Jones (OH) Pallone Davis, Jo Ann Jefferson Oberstar Diaz-Balart, L. Kanjorski Pascrell Davis, Tom Jenkins Obey and pass the Senate bill, S. 678, on Diaz-Balart, M. Kaptur Pastor Deal (GA) John Olver which the yeas and nays are ordered. Dicks Keller Paul DeFazio Johnson (CT) Ortiz The vote was taken by electronic de- Dingell Kelly Payne DeGette Johnson (IL) Osborne vice, and there were—yeas 426, nays 0, Doggett Kennedy (MN) Pearce Delahunt Johnson, E. B. Ose Dooley (CA) Kennedy (RI) Pelosi DeLauro Johnson, Sam Otter not voting 8, as follows: Doolittle Kildee Pence DeMint Jones (NC) Owens [Roll No. 505] Doyle Kilpatrick Peterson (MN) Diaz-Balart, L. Jones (OH) Oxley Dreier Kind Peterson (PA) Diaz-Balart, M. Kanjorski Pallone YEAS—426 Duncan King (IA) Petri Dicks Kaptur Pascrell Abercrombie Andrews Ballance Dunn King (NY) Pitts Dingell Keller Pastor Ackerman Baca Ballenger Edwards Kingston Platts Doggett Kelly Paul Aderholt Bachus Barrett (SC) Ehlers Kirk Pombo Dooley (CA) Kennedy (MN) Payne Akin Baird Bartlett (MD) Emanuel Kleczka Pomeroy Doolittle Kennedy (RI) Pearce Alexander Baker Barton (TX) Emerson Kline Porter Doyle Kildee Pelosi Allen Baldwin Bass Engel Knollenberg Portman

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A16SE7.034 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8257 Price (NC) Sensenbrenner Thornberry The SPEAKER pro tempore (Mr. (H) Section 420 (relating to conforming Pryce (OH) Serrano Tiahrt KLINE). Is there objection to the re- changes relating to Federally qualified Putnam Sessions Tiberi health centers). Quinn Shadegg quest of the gentleman from Texas? Tierney (I) Section 420A (relating to increase for Radanovich Shaw There was no objection. Toomey hospitals with disproportionate indigent care Rahall Shays Towns revenues). Ramstad Sherman Turner (OH) f Rangel Sherwood Turner (TX) (J) Section 421 (relating to establishment Regula Shimkus Udall (CO) ANNOUNCEMENT OF INTENTION TO of floor on geographic adjustments of pay- Rehberg Shuster Udall (NM) OFFER MOTION TO INSTRUCT ments for physicians’ services). Renzi Simmons (K) Section 425 (relating to temporary in- Reyes Simpson Upton CONFEREES ON H.R. 1588, NA- Reynolds Skelton Van Hollen TIONAL DEFENSE AUTHORIZA- crease for ground ambulance services), but Rodriguez Slaughter Velazquez TION ACT FOR FISCAL YEAR 2004 with the effective date applicable under the Rogers (AL) Smith (MI) Visclosky amendment made by section 410(2) of the Rogers (KY) Smith (NJ) Vitter Mr. RODRIGUEZ. Mr. Speaker, sub- House bill. Rogers (MI) Smith (TX) Walden (OR) ject to rule XXII, clause 7(c), I hereby (L) Section 426 (relating to appropriate Ros-Lehtinen Smith (WA) Walsh announce my intention to offer a mo- coverage of air ambulance services under Ross Snyder Wamp ambulance fee schedule). Rothman Solis tion to instruct on H.R. 1588, the Na- Waters (M) Section 427 (relating to treatment of Roybal-Allard Souder Watson tional Defense Authorization Act for certain clinical diagnostic laboratory tests Royce Spratt Watt fiscal year 2004. furnished by a sole community hospital). Ruppersberger Stark Waxman The form of the motion is as follows: Rush Stearns Weiner (N) Section 428 (relating to improvement in Ryan (OH) Stenholm Weldon (FL) Mr. RODRIGUEZ moves that the managers rural health clinic reimbursement). Ryan (WI) Strickland Weldon (PA) on the part of the House at the conference on (O) Section 444 (relating to GAO study of Ryun (KS) Stupak Weller the disagreeing votes of the two Houses on geographic differences in payments for phy- Sabo Sullivan Wexler the Senate amendment to the bill H.R. 1588 Sanchez, Linda Sweeney sicians’ services). Whitfield T. Tancredo be instructed to agree to the provisions con- (P) Section 450C (relating to authorization Sanchez, Loretta Tanner Wicker tained in subtitle F of title VI of the Senate of reimbursement for all medicare part B Sanders Tauscher Wilson (NM) amendment (relating to naturalization and services furnished by Indian hospitals and Sandlin Tauzin Wilson (SC) family protection for military members). clinics). Saxton Taylor (MS) Wolf (Q) Section 452 (relating to limitation on Woolsey f Schakowsky Taylor (NC) reduction in area wage adjustment factors Schiff Terry Wu Schrock Thomas Wynn ANNOUNCEMENT OF INTENTION TO under the prospective payment system for Scott (GA) Thompson (CA) Young (AK) OFFER MOTION TO INSTRUCT home health services). Scott (VA) Thompson (MS) Young (FL) CONFEREES ON H.R. 1, MEDI- (R) Section 455 (relating to MedPAC study on medicare payments and efficiencies in the NOT VOTING—8 CARE PRESCRIPTION DRUG AND health care system). Cubin Ford Pickering MODERNIZATION ACT OF 2003 (S) Section 459 (relating to increase in Deutsch Gephardt Rohrabacher medicare payment for certain home health Fattah Miller, George Mr. STENHOLM. Mr. Speaker, subject to rule XXII, clause 7(c), I hereby services). ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE announce my intention to offer a mo- (T) Section 601 (Increase in medicaid DSH allotments for fiscal years 2004 and 2005). The SPEAKER pro tempore (Mr. tion to instruct on H.R. 1, the Medicare TERRY) (during the vote). Members are (4) The House insist upon the following Prescription Drug and Modernization provisions of the House bill: advised there are 2 minutes left in this Act of 2003. vote. (A) Section 402 (relating to immediate es- The form of the motion is as follows: tablishment of uniform standardized amount b 1929 Mr. Stenholm of Texas moves that the in rural and small urban areas). So (two-thirds having voted in favor managers on the part of the House at the (B) Section 403 (relating to establishment conference on the disagreeing votes of the of essential rural hospital classification). thereof) the rules were suspended and (C) Subsections (a), (b), (d), and (e) of sec- the Senate bill was passed. two Houses on the Senate amendment to the bill H.R. 1 be instructed as follows: tion 405 (relating to improvements to crit- The result of the vote was announced (1) The House recede to the Senate on the ical access hospital program). as above recorded. provisions to guarantee access to prescrip- (D) Section 416 (relating to revision of A motion to reconsider was laid on tion drug coverage under section 1860D–13(e) labor-related share of hospital inpatient pps the table. of the Social Security Act, as added by sec- wage index). (E) Section 417 (relating to medicare incen- f tion 101(a) of the Senate amendment. (2) To reject the provisions of section 501 of tive payment program improvements). PERSONAL EXPLANATION the House bill. (F) Section 504 (relating to wage index Mr. DEUTSCH. Mr. Speaker, I was unavoid- (3) The House recede to the Senate on the classification reform). ably absent from the Chamber today during following provisions of the Senate amend- (G) Section 601 (relating to revision of up- rollcall votes No. 503, No. 504, and No. 505. ment to improve rural health care: dates for physician services). (A) Section 403 (relating to inpatient hos- (H) Section 1001 (relating to medicaid dis- Had I been present, I would have voted ‘‘yea’’ proportionate share hospital (DSH) pay- on all of these votes. pital adjustment for low volume hospitals). (B) Section 404 (relating to medicare dis- ments). f proportionate share adjustment for rural f areas), but with the effective date applicable REMOVAL OF NAME OF MEMBER HOLDING UP THE VALUES AND AS COSPONSOR OF H.R. 2038 under section 401(b) of the House bill. (C) Section 404A (relating to MedPAC re- VIRTUES OF YALE UNIVERSITY Mrs. MCCARTHY of New York. Mr. port on medicare disproportionate share hos- (Ms. JACKSON-LEE of Texas asked Speaker, I ask unanimous consent that pital adjustment payments). and was given permission to address the gentleman from Wisconsin (Mr. (D) The following provisions of section 405 the House for 1 minute and to revise KIND) be removed as a cosponsor of (relating to critical access hospital improve- and extend her remarks). ments): H.R. 2038. Ms. JACKSON-LEE of Texas. Mr. The SPEAKER pro tempore (Mr. (i) Subsection (a), but with the effective date applicable under section 405(f)(4) of the Speaker, most times when a Member KLINE). Is there objection to the re- House bill. goes to the floor to speak about their quest of the gentlewoman from New (ii) Subsection (b), but with the effective alma mater, they are raising up the York? date applicable under section 405(c)(2) of the flag of joy and promoting some football There was no objection. House bill. contest or sports contest and rooting f (iii) Subsections (e), (f), and (g). their friends and fellow classmates on. (E) Section 414 (relating to rural commu- b 1930 Today, I rise as alumnus of Yale Uni- nity hospital demonstration program). versity to ask them to uphold the val- (F) Section 415 (relating to critical access REMOVAL OF NAME OF MEMBER ues and virtues of our dear and beloved AS COSPONSOR OF H.R. 2225 hospital improvement demonstration program). school, and that is equality and hu- Mr. GONZALEZ. Mr. Speaker, I ask (G) Section 417 (relating to treatment of manitarian service and respect for all. unanimous consent to have my name certain entities for purposes of payment Since being a student at Yale, one of removed as a sponsor of H.R. 2225. under the medicare program). the first women, we have encountered

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A16SE7.035 H16PT1 H8258 CONGRESSIONAL RECORD — HOUSE September 16, 2003 this conflict between worker and uni- the school will let them enter the front ers’ feet to the fire to get mercury out versity; 10,000 people gathered on the door. of vaccinations. Mercury is a toxic sub- square in New Haven just last weekend. The mercury has a cumulative effect. stance. It is toxic to the brain. It hurts It is time for the president of Yale Once it gets in the brain, it starts de- neurologically anybody that has it in- University to uphold the values of the stroying brain tissue and causes all jected into them. Yet they are still school and respect the working people kinds of neurological problems includ- using it as a preservative. This is some- who work there, the dining hall working autism. Yet the Food and Drug Ad- thing that has to end. ers, the janitors, provide for arbitra- ministration has never, ever tested These are the faces of children who tion, binding arbitration, and settle Thimerosal. It is used as a preserva- have been damaged, just a small num- this matter. tive. It is 50 percent mercury, they ber of them; and we have got to do Stop embarrassing the thousands have never tested it, and yet it has something about that. How would you upon thousands of Yale graduates, who been in vaccines for years. like to have a child, like my grandson, every day go out and work to make life We fought with them and our health who got nine shots in one day, seven of better for those who cannot work or agencies for some time to get that out which contained mercury, and two improve their own lives. It is an unfor- of these children’s vaccines, and they days later he became autistic, a per- tunate and disgraceful act, that we are said they would do it. So this last week fectly normal child. continuing to undermine those who I wrote a letter to the head of the De- These are things that cannot and come to work every day to help stu- partment of Health and Human Serv- must not be tolerated. We need to do dents learn and be the best that they ices, Tommy Thompson, the Secretary everything we can to put all the pres- can be. of HHS; and I asked him to give me a sure we can on our Health and Human I say to the president of Yale Univer- list of those vaccinations that still Services agencies, FDA, CDC, and all sity, settle this matter, and stop em- contain mercury, Thimerosal. We the rest. Our Secretary of HHS, barrassing those of us who believe that found that 20 of the 43 vaccinations Tommy Thompson, who is a fine man, Yale has the greatest calling, to edu- that are manufactured here in the needs to pay attention to this and get cate people who will serve not only the United States still contain mercury. this mercury out of these vaccinations Nation, but save the world. People are still having that injected as quickly as possible. It is hurting us f into their bodies, adults as well as chil- all; not just the children, but the dren. adults as well. SPECIAL ORDERS Three or four of the major vaccina- Scientific evidence continues to accumulate The SPEAKER pro tempore. Under tions that children get still have mer- regarding the biologically plausible connection the Speaker’s announced policy of Jan- cury in them, and vaccinations that between mercury containing Thimerosal in uary 7, 2003, and under a previous order have not been used, the serum that has vaccines, autism and other neurodevelopment of the House, the following Members not been used that is still on shelves in disorders. will be recognized for 5 minutes each. many of the doctors’ offices, predate As a result, many parents have become un- f the dates they started taking mercury derstandably concerned about the safety of out of the children’s vaccinations. So THE CONNECTION BETWEEN THI- childhood vaccines. the FDA has not ordered them to take MEROSAL AND And they should be considering that Thimer- the mercury out, nor did the FDA no- NEURODEVELOPMENTAL DIS- osal is 50 percent mercury by weight and mer- tify doctors that Thimerosal-free vac- ORDERS cury is one of the most toxic substances on cinations were preferred and that pedi- the planet. The SPEAKER pro tempore. Under a atricians should take the mercury out Even though the FDA asked vaccine manu- previous order of the House, the gen- of their stocks of vaccines. facturers to remove Thimerosal from vaccines tleman from Indiana (Mr. BURTON) is Recently, I wrote to the Secretary of in 1999, they did not order them to do so. recognized for 5 minutes. HHS. I got the list. Twenty of the 43 Nor did FDA notify doctors that Thimerosal- Mr. BURTON of Indiana. Mr. Speak- currently manufactured vaccines in the free vaccines were preferred nor did they rec- er, for the past 2 or 3 years, I have held U.S. still contain mercury, still are ommend that pediatricians remove Thimerosal hearings on the issue of autism in poisoning our children and adults. Our vaccines from their stocks. America. We used to have one out of troops over in the Persian Gulf and Recently, I asked the Secretary of HHS, 10,000 children that were autistic. That Iraq were getting as many as 11 shots Tommy Thompson and the FDA Commis- is where they will not focus on things, in one day, and most of those contain sioner, Dr. Mark McClellan to provide me with they will not talk, they yell, they Thimerosal-mercury. a list of all commercially available vaccines, in- stamp their feet, they have chronic di- We have a rise in Alzheimer’s as well, cluding routinely prescribed pediatric vaccines, arrhea and constipation, they have all an epidemic of that; and I believe that which currently contain Thimerosal. kinds of physical problems; and their that, in large part, is caused by the Although they both assured me that none of parents lose either complete control neurologically damaging mercury that the routinely recommended pediatric vaccines over them or they cannot communicate is in vaccines. contain Thimerosal as an additive, 20 of the with them, and it hurts these children Anyhow, HHS is still allowing vac- 43 currently manufactured and U.S. licensed for the rest of their lives, and ulti- cinations containing mercury to be vaccines still contain this dangerous sub- mately they are going to be a burden given to children, such as the flu vac- stance. on the taxpayers of this country. cine given to children 6 years old down FDA says it recognizes and supports the It used to be one out of 10,000. Now it to age 23 months. Hepatitis B, diph- Public Health Services goal of reducing expo- is one out of 150. We have an absolute theria, and tetanus still contain Thi- sure to mercury. epidemic of autism in America. merosal. Those are being given to chil- If this is so, then they have to do more to Many scientists who appeared before dren. Those lots that are still on the ensure that all 43 vaccines currently manufac- my committee believe and have sub- shelves that contain mercury are still tured and licensed in the United States are stantial evidence that the mercury being given to children. The Food and free of Thimerosal. that is in vaccinations is a major con- Drug Administration is not doing any- The most shocking example of a vaccine tributing cause of this autism. thing about it, and everybody in this that still contains Thimerosal is the Influenza It used to be you only got one or two country ought to be raising cain, not vaccine, commonly known as the Flu Shot, vaccinations. When I was a kid, if you just because their children have not which is given to millions of Americans every had measles or mumps or anything like been damaged, but because all of those year, adults and children alike. that, they would quarantine the house. children who are being damaged are In fact, last year, the President of the Amer- Now they give vaccinations for all of going to be a burden in one way or an- ican Academy of Pediatrics issued a state- that, and these vaccinations can con- other on the taxpayers of this country, ment saying that the Academy encourages tain a substance called Thimerosal. and it is going to cost us literally tril- that the flu vaccine be given to all healthy chil- Thimerosal is 50 percent mercury, and lions of dollars if this is not stopped. dren aged 6Ð23 months. children who are going to school get as We have to do everything we can to The harm that mercury could potentially in- many as 25 to 30 vaccinations before hold HHS and the vaccine manufactur- flict on such children is incalculable.

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K16SE7.068 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8259 In addition, commonly administered vac- DEPARTMENT OF HEALTH & HUMAN We wish to assure you that FDA is com- cines such as the Hepatitis B, and the Diph- SERVICES, FOOD AND DRUG ADMIN- mitted to help ensure the safety and effec- ISTRATION, tiveness of all vaccines. Vaccines continue to theria and Tetanus shot still contain Thimer- Rockville, MD, September 11, 2003. prevent serious illness and death, and the osal. Hon. DAN BURTON, benefits of vaccination continue to outweigh In closing, I would like to enter into the Chairman, Subcommittee on Wellness and the risks. Furthermore, FDA does recognize Human Rights, Committee on Government and support the Public Health Services’ goal RECORD a letter from the FDA Commissioner Reform, House of Representatives, Wash- of reducing exposure to mercury. At this dated September 11, 2003, listing all of the ington, DC. time, none of the routinely recommended pediatric vaccines (for children 5 years of age Thimerosal containing vaccines. DEAR MR. CHAIRMAN: This letter is in response to your letter of July 30, 2003 in which or under) contain thimerosal as a preserva- I urge all Americans to contact the FDA to tive. The routinely recommended vaccines you requested that the Food and Drug Ad- obtain this information to ensure that the vac- are: Haemophilus b Conjugate Vaccine (Hib), ministration (FDA or Agency) provide you cines that you and your children are getting Inactivated Polivirus Vaccine (IPV), Diph- with a list of all commercially available vac- theria and Tetanus Toxoids and Acellular are as safe as possible. cines, including routinely prescribed pedi- Pertussis Vaccine (DTaP), Hepatitis B Vac- atric vaccines that currently contain thi- I strongly urge the FDA to finally eliminate cine (HepB), Measles, Mumps and Rubella merosal. this dangerous preservative from all vaccines Virus Vaccine (MMR), Varicella Vaccine, and destroy any remaining stocks of Thimer- The enclosed table provides the informa- and the Pneumococtal Conjugate Vaccine. osal containing vaccines in the interest of pub- tion you requested. In an effort to keep the Thank you again for your continued inter- public advised on this issue, we have posed est in the safety of vaccines. If you have fur- lic safety. this information on our FDA website since ther questions, please let us know. 2001 at: www.fda.gov/cber/vaccine/thimer- Sincerely, osal.htm. We have been updating the website MARK B. MCCLELLAN, M.D., PHD., as new information becomes available. Commissioner of Food and Drugs. TABLE.—THIMEROSAL AND EXPANDED LIST OF VACCINES [Thimerosal content in currently manufactured U.S. licensed vaccines]

Vaccine/trade name Manufacturer Thimerosal concentration 1 Mercury

Anthrax: Anthrax vaccine ...... BioPort Corporation ...... 0 ...... 0 DtaP: Tripedia 2 ...... Aventis Pasteur, Inc...... <0.0002% ...... <.05 µg/0.5 mL dose. Infanrix ...... GlaxoSmithKline ...... 0 ...... 0 Daptacel ...... Aventis Pasteur, Ltd...... 0 ...... 0 DTaP-HepB-IPV: Pedlarix ...... GlaxoSmithKline ...... <0.000005% ...... <0.0125 µg/0.5 mL dose. DT: No Trade Name ...... Aventis Pasteur, Inc...... <0.00012% (single dose) ...... <0.3 µg/0.5 mL dose. 0.01% (multi-dose) ...... 25 µg/0.5 mL dose. Aventis Pasteur, Ltd...... 0.01% ...... 25 µg/0.5 mL dose. Td: No Trade Name ...... Mass Public Health ...... 0.0033% ...... 8.3 µg/0.5 mL dose. Aventis Pastuer Inc...... 0.01% ...... 25 µg/0.5 mL dose. TT: No Trade Name ...... Aventis Pasteur Inc...... 0.01% ...... 25 µg/0.5 mL dose. Hib: ActHIB/OmniHIB 3 ...... Aventis Pasteur, SA ...... 0 ...... 0 HibTITER ...... Wyeth-Lederle ...... 0 ...... 0 PedvaxHIB liquid ...... Merck ...... 0 ...... 0 Hib/HepB: COMVAX 4 ...... Merck ...... 0 ...... 0 Hepatitis B: Engerix-B ...... GlaxoSmithKline ...... <0.0002% ...... <0.5 µg/0.5 mL dose. Recombivex HB 5 ...... Merck. Pediatric/adolescent ...... 0 ...... 0 Adult (adolescent) ...... 0 ...... 0 Adult (adolescent) ...... 0.005% ...... 25 µg/1.0 mL dose. Dialysis ...... 0.005% ...... 25 µg/1.0 mL dose. Hepatitis A: Havrix ...... GlaxoSmithKline ...... 0 ...... 0 Vaqta ...... Merck ...... 0 ...... 0 HepA/HepB: Twinrix ...... GlaxoSmithKline ...... <0.0002% ...... <1 µg/mL dose. IPV: IPOL ...... Aventis Pasteur, SA ...... 0 ...... 0 Poliovax ...... Aventis Pasteur, Ltd...... 0 ...... 0 Influenza: Fluzone 6 ...... Aventis Pasteur, Inc...... 0.01% ...... 25 µg/0.5 mL dose. Fluvirin ...... Evans ...... 0.01% ...... 24.5 µg/0.5 mL dose. Fluzone (Preservative Free) ...... Aventis Pasteur, Inc...... ≤0.0004% ...... ≤1 µg/0.5 mL dose. ≤0.5 µg/0.25 mL dose. Fluvirin (Preservative Free) ...... Evans ...... <0.0004% ...... <1 µg/0.5 mL dose. Influenza, live FluMist ...... Medimmune ...... 0 ...... 0 Japanese Encephalitis 7: JE-VAX ...... BIKEN ...... 0.007% ...... 35 µg/1.0 mL dose. 17.5 µg/0.5 mL dose. MMR: MMR–II ...... Merck ...... 0 ...... 0 Meningococcal: Menomune A, C. AC and A/C/Y/W–135 ...... Aventis Pasteur, Inc...... 0.01% (multidose) ...... 25 µg/dose. 0 (single dose) ...... 0 Pneumococcal: Prevnar (Pneumo Conjugate) ...... Lederie Laboratories ...... 0 ...... 0 Pneumovax 23 ...... Merck ...... 0 ...... 0 Rabies: IMOVAX ...... Aventis Pasteur, Inc...... 0 ...... 0 Rabavert ...... Chiron Behring ...... 0 ...... 0 Typhoid Fever: Typhim Vi ...... Aventis Pasteur, Inc...... 0 ...... 0 Typhoid Ty21a ...... Swiss Serum and Vaccine Institute ...... 0 ...... 0 Varicella: Varivax ...... Merck ...... 0 ...... 0 Yellow Fever: Y-F-Vax ...... Aventis Pasteur, Inc...... 0 ...... 0 1 Thimerosal is approximately 50% mercury (Hg) by weight. A 0.01% solution (1 part per 10,000) of thimerosal contains 50 µg of Hg per 1 ml dose or 25 µg of Hg per 0.5 mL dose. 2 Aventis Pasteur’s Tripedia may be used to reconstitute ActHib to form TriHlBit. TriHlBit is indicated for use in children 15 to 18 months of age. 3 OmniHIB is manufactured by Aventis Pasteur but distributed by GlaxoSmithKline. 4 COMVAX is not licensed for use under 6 weeks of age because of decreased response to the Hib component. 5 Merck’s Hepetitis B vaccine for adults (adolescents) is available in both preservative-free and thimerosal-containing presentations. 6 Children under 3 years of age receive a half-dose of vaccine, i.e., 0.25 mL (12.5 µg mercury/dose.) 7 JE-VAX is manufactured by BIKEN and distributed by Aventis Pasteur, Children 1 to 3 years of age receive a half-dose of vaccine, i.e., 0.5 mL (17.5 µg mercury/dose).

DISTURBING NEWS REGARDING Mr. DOGGETT. Mr. Speaker, each b 1945 IRAQ morning these recent months we are Our tours of duty for the National awakened with the disturbing news The SPEAKER pro tempore. Under a Guard and for the Reserves are being that one, two, perhaps three, young extended with great complications for previous order of the House, the gen- Americans have been killed in Iraq. many small American communities, tleman from Texas (Mr. DOGGETT) is and certainly for many American fami- recognized for 5 minutes. lies.

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A16SE7.042 H16PT1 H8260 CONGRESSIONAL RECORD — HOUSE September 16, 2003 It was just back on March 16 that struction posed a danger to our fami- Behind me are faces of those who Vice President CHENEY declared to the lies now resists a complete investiga- have given their lives for this country. Nation that the most important ration of why they have been unable to Their families next year will receive a tionale for war with Iraq was the fact find them. tax bill from Uncle Sam. Mr. Speaker, Iraq had all of these weapons of mass Chantal Tetreault, who is a Univer- I think when a family gives a loved one destruction. And I think as the weeks sity of Texas student, contacted me dying for freedom, the least that the go by and as the lives of young Ameri- saying: ‘‘Please support an independent House and the Senate can do is to re- cans are lost, that more and more of commission to investigate the Bush ad- peal this tax. our American families are asking: Why ministration’s distortion of evidence of The history of this is that in the is it that each morning we hear that Iraq’s weapons of mass destruction pro- early 1990s, there was a $3,000 death the body of another young American grams. My confidence in the govern- gratuity sent to the family. It was in- has been found, but we hear nothing ment is shattered and will only be re- creased to $6,000, but the Congress did about the location of any weapons of stored if the American people are given not take off the tax on the additional mass destruction? In fact, that term the truth about government intel- $3,000, so that means on the $6,000 has almost been banned now from ad- ligence prior to the Iraqi war. Innocent death gratuity that is sent to the fam- ministration speeches justifying the Americans have died and continue to ily, a tax will have to be paid. Mr. war in Iraq. die, along with many Iraqi civilians in Speaker, I am going to call on the So desperate is the administration to this war.’’ House leadership, both Republican and make the claim about weapons of mass I think she raises some important Democrat, the Senate leadership, and destruction that incredibly, yesterday, questions, as does Kathy Goodwin, who the President of the United States that Secretary of State Powell went to the is an Austin social worker who con- we not leave here in November of this scene of a horrific crime involving tacted me saying: ‘‘I firmly believe year and say to the families who have weapons of mass destruction in Iraq, that when we witnessed the bombing of given a loved one that you are going to but it was a crime that happened 15 September 11, people everywhere receive a tax bill from Uncle Sam. years ago, in 1988; and no evidence was shared our grief and millions in the I look at this young man that I hold provided suggesting any weapons of United States and all over the world up again, his name is Tyler Jordan. His mass destruction had been located that have since come to the conclusion that father, Phillip, a Marine, gunny ser- would justify the loss of the lives of war will not solve all our problems. geant, died for this country. Yet not our sons and daughters in Iraq. The terrorism that caused 9–11 will not only did he give up his father, but also Now, surely, with thousands of peo- be stopped through a war with Iraq. We his family is going to be asked to pay ple being paid by American taxpayers need the truth.’’ And that is what an a tax. This is unacceptable. There are at this very moment to comb Iraq for independent investigation of the whole many issues that we debate here in the weapons of mass destruction, sooner or WMD controversy would get to. House of Representatives, many issues later they will find at least a trace. I believe the voices of these that are so important; but is there any- But an honest assessment of this whole Austinites and others across the coun- thing more important than to say to a weapons of mass destruction question try should be heeded. We need action family, you gave a loved one for this requires asking whether this third-rate now to find out why and what occurred country. The least we can do is to tyrant, Saddam Hussein, unable to ef- here. eliminate this tax. fectively defend himself and his own f So I am asking my colleagues on family, really ever had the capability both sides of the political aisle to to pose an imminent threat to our fam- SUPPORT H.R. 693, THE MILITARY please help me encourage the House ilies here in America. Meanwhile, DEATH GRATUITY TAX REPEAL leadership, both Republican and Demo- Americans continue to do most all of ACT crat, that we not leave this year with- the dying, and American taxpayers are The SPEAKER pro tempore (Mr. out sending to the floor of the House asked to continue to do most all of the KLINE). Under a previous order of the H.R. 693, a bill that I have introduced paying for the cost of this administra- House, the gentleman from North Caro- supported by both sides, the military tion’s war justified by weapons of mass lina (Mr. JONES) is recognized for 5 death gratuity tax repeal, get it to the destruction. minutes. floor and pass it. Because I do not want In view of this, more and more Amer- Mr. JONES of North Carolina. Mr. to come back here in 2004 and think icans are contacting us here in Con- Speaker, I am back on the floor to- that we have asked a family that gave gress about the weapons of mass de- night to say to the House and to the a loved one that they had to pay a tax. struction question. Many of these peo- other body, the Senate, that we need to Let me give my colleagues a quick ple have done so through the organiza- pass legislation to remove the tax that example. On September 11 of 2001, over tion called moveon.org, a citizens’ or- is sent to the families of those who 292 military families paid a tax on the ganization to advance concerns in a have given their loved one to die for gift of a loved one. In the year 2002, if way that I think is very healthy. I just this country. this bill had passed last year, but since want to share with my colleagues to- Mr. Speaker, I want to introduce my it did not pass, 1,700 families had to night the thoughts of some of those colleagues to a young man whose name pay a tax on the gift of a loved one who people from central Texas who share is Tyler Jordan. Tyler’s father, gunny died for freedom in America. my concern about the rationale the ad- sergeant Phillip Jordan, died for this So, Mr. Speaker, it is my hope as I ministration used, how quickly it is country. He died in Iraq. He gave his conclude tonight that as we look at the walking away from that rationale, and life for this country. Yet, Mr. Speaker, faces of these who have given their the tremendous cost in the meantime, because we have not removed a tax on lives for America, we look at the little not only in dollars, but in blood. the death gratuity that will be sent to boy who gave his father for this coun- Glee Ingram. Glee is a small business his family this year, next year his fam- try, that we will not leave here in No- owner in Austin, and she writes: ‘‘I ily will have to pay a tax on $6,000. vember without passing H.R. 693 on the strongly support an independent inves- Last year I put a bill in that would floor of this House and let us send it to tigation of the claims that were made remove this tax; and it was supported the other body and ask them to pass by the Bush administration as a prel- by both parties, Democrat and Repub- that legislation. I am going to write a ude to declaring war on Iraq. Using de- lican. It was sent in a larger bill to the letter to the President of the United ception to create support to go to war Senate, but the Senate could not find States, send it tomorrow, and ask the is absolutely unacceptable. We, the the time to pass the legislation. This President to please get behind this leg- citizens who must reap the con- year again, the House, in a bipartisan islation. sequences of this decision, are due all way, Democrat and Republican, have Mr. Speaker, I close as I do in my dis- honesty,’’ and indeed they are. And it sent to the Senate a larger bill with trict and I did last night: I ask God to is particularly questionable why this this provision in it to remove this tax please bless our men and women in uni- administration that made such bold on this death gratuity, and the Senate form, to please bless their families, and claims about how weapons of mass de- still has not taken the time to pass it. I ask God to please in his loving way in

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.071 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8261 his arms to hold the families who have buy their medications in Canada or Eu- The American taxpayers and con- given their loved ones dying for free- rope. sumers today are not only under- dom. I ask God to please bless the I stood just Sunday with the Gov- writing the research in this country, American people, to bless the House ernor of Illinois who announced that they are underwriting the profits of the and Senate that we will do what is for the first State ever in the Union, American pharmaceutical companies. I right in the eyes of God Almighty. I that they will now study what would be have nothing against profits. I think ask God to please be with the President the savings to the taxpayers of Illinois they are a good thing. But they do not of the United States so that he will do if the 230,000 retirees and State employ- need to make up their profits in the what is right for the future of this ees would be allowed to buy their medi- United States from our seniors and our country. And I ask three times, God cations in Canada. In the last year, the consumers when they can actually please, God please, God please continue cost to the State for prescription drugs have the free market operate in the ap- to bless America. increased by 15 percent. Illinois now propriate way so we can get the best f spends $340 million a year for prescrip- price for our consumers and our seniors The SPEAKER pro tempore. Under a tion drugs for their employees and re- and for our taxpayers. previous order of the House, the gen- tirees. It is projected in the Illinois As we embark on this largest expan- budget that that will increase by 17 sion of an entitlement in over 40 years, tleman from Oregon (Mr. DEFAZIO) is recognized for 5 minutes. percent next year and another 15 per- thinking of adding $400 billion to Medi- cent the following year after that. care to cover a prescription drug plan, (Mr. DEFAZIO addressed the House. His remarks will appear hereafter in There are early predictions of what I think we owe the decency and respect the Extensions of Remarks.) the savings will be, but I will wait for to the taxpayers to ensure that we get that study to be produced. The Gov- them the best price, not the most ex- f ernor asked for two actions: a, report pensive price for that $400 billion. EXCHANGE OF SPECIAL ORDER back in a period of time for the savings Now, those medications exist out TIME to the State, if there are any; and, b, if there. Today you take Tamoxifen, there are savings, to then open up the which is a major cancer fighting drug, Mr. EMANUEL. Mr. Speaker, I ask health care contracts that the State it costs $360 million here in the United unanimous consent to take the time of has for its employees and retirees so States. In Canada that same medica- the gentleman from Oregon (Mr. they can cover prescription drugs tion for the same amount cost $33. In DEFAZIO). bought in Canada. Germany it cost $60. You can go drug The SPEAKER pro tempore. Is there That is the same program that the by drug and there is a major 40 to 50 objection to the request of the gen- AARP does for its own seniors today. percent reduction. tleman from Illinois? United Health covers 96,000 seniors who I would call on our colleague and I There was no objection. buy their medications in Canada and call on governors and mayors around f covers it with an insurance policy. the country to look at what we did in SUPPORT LOWER PRESCRIPTION Now, nobody believes that the AARP Illinois and see if you cannot save your DRUG PRICES THROUGH FREE would risk the health and welfare of taxpayers and your employees the cost MARKET ACCESS our grandparents. Now, if there is an that they need so we can plow that ability for a State government to save back into other health care coverage The SPEAKER pro tempore. Under a $50 million to $60 million, rather than for the uninsured, to expanding our previous order of the House, the gen- lay off teachers, rather than lay off po- school, retaining our teachers, doing tleman from Illinois (Mr. EMANUEL) is lice officers, rather than close prisons, teacher training, and make sure that recognized for 5 minutes. I think they have an obligation to the our police are on our street making Mr. EMANUEL. Mr. Speaker, people taxpayers and to their employees to them safe. Those are the right choices from around the world come to Amer- get them those savings. we owe to our employees, our con- ica for their medical care, yet Ameri- We too will face that choice. Just in sumers, and, most importantly, the cans are forced to travel the world for July, prior to going home for the Au- taxpayers. their medications. A recent Families gust recess, a bipartisan majority of f USA study found that the prices of the the House Members came together and The SPEAKER pro tempore (Mr. 50 drugs most commonly used by sen- voted across party lines to allow mar- KLINE). Under a previous order of the iors in America increased by an aver- ket access, to allow Americans to buy House, the gentleman from Georgia age of 3.5 times the rate of inflation the medications, the name-brand drugs (Mr. NORWOOD) is recognized for 5 min- over the past year. Between 2000 and that they need for cholesterol control, utes. 2003, seniors’ expenditures on prescrip- blood pressure control, arthritis, other (Mr. NORWOOD addressed the House. tion drugs increased by 44 percent. For types of medications, either in Canada His remarks will appear hereafter in too long, seniors have been paying pre- or in Europe. That passed with an over- the Extensions of Remarks.) mium prices for the same prescription whelming majority. This is not a deci- drugs that are available in Canada and sion of Democrat versus Republican, or f European countries at 30, 40, 50 percent right versus left, but of right versus reductions. EXCHANGE OF SPECIAL ORDER wrong. We can do better for the Amer- TIME What we are proposing through the ican people. We can give them the market access bill is allowing people choice and the competition they de- Mr. PAUL. Mr. Speaker, I ask unani- here in the United States to buy medi- serve so that they can get the savings mous consent to take the time of the cations in Canada and Europe, is free they deserve. gentleman from Georgia (Mr. NOR- market competition, allowing the mar- The irony of all of this situation is WOOD). ket to work. That competition will that Americans pay 50 percent more for The SPEAKER pro tempore. Is there bring prices down in the United States the medications that their colleagues objection to the request of the gen- and save our consumers and our tax- in France, Germany, England, Italy, tleman from Texas? payers thousands upon thousands of Ireland, and Canada pay. There was no objection. dollars. f We as public officials are entrusted b 2000 by the American people to represent And yet what is ironic is every can- REJECT IRAQ WAR them. We are not entrusted to ensure cer drug, every AIDS drug, every major APPROPRIATION that they pay the most expensive price, medication in this country was devel- The SPEAKER pro tempore. Under a but get the best price for the medica- oped by the taxpayer funded research previous order of the House, the gen- tions they paid for the research on. A through the tax credit research and de- tleman from Texas (Mr. PAUL) is recog- recent USA Today Gallup poll showed velopment credit or through direct nized for 5 minutes. that 71 percent of the American people funding by the National Institutes of Mr. PAUL. Mr. Speaker, the neo-con- showed support for allowing them to Health. servative media machine has been hard

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.072 H16PT1 H8262 CONGRESSIONAL RECORD — HOUSE September 16, 2003 at work lately drumming up support We also know that other soldiers are count towards the employee’s out-of- for the $87 billion appropriation to ex- helping out by buying their own night pocket catastrophic cap. This dis- tend the precarious occupation of Iraq. vision goggles, GPSs, short wave ra- advantages seniors with employer- Opposition to this funding, according dios, backpacks and even shoes. That is sponsored coverage because it would be to the Secretary of Defense, encourages sure to help as well. almost impossible for them to ever our enemies and hinders the war It does not seem like much of a both- reach the bill’s catastrophic cap over against terrorism. This is a distortion er to cut veterans’ benefits. Besides, which Medicare would pay 100 percent of the facts and is nothing more than many conservatives for years have ar- of their drug costs. Without a doubt, destroying the messenger when one dis- gued that deficits do not really matter, approves of the message. only tax rates do. So let us just quit many employers will simply stop offer- Those within the administration, worrying about deficits and this $87 bil- ing retiree coverage. prior to the war, who warned of the lion supplemental. The potential loss of this valuable dangers and real costs were fired. Yet Seriously, though, funding for this benefit that many unions and employ- it now turns out that they were more misadventure should be denied no mat- ers provide today was reported today in right, that it would not be a cakewalk, ter how well-meaning its supporters the New York Times. According to the that it would require a lot more troops, are. To expect a better world to come front page lead story by Robert Pear, and costs would far exceed original ex- from force of arms abroad and confis- ‘‘About 12 million of the 40 million pectations. catory taxation at home is nothing but The President recently reminded us Medicare recipients has retiree health a grand illusion. The sooner we face benefits, usually including some drug that we went into Iraq to force Iraq’s the reality, the better. benefits. But the Congressional Budget compliance with U.N. resolutions since While we nation-build in Iraq in the the U.N. itself was not up to the task. name of defeating terrorism, we ignore Office estimates that one-third of the It was not for national security rea- our responsibilities to protect our bor- people with such drug coverage could sons. Yet we all know that the U.N. ders at home and we compromise the lose it under bills passed in June by the never endorsed this occupation. liberties of our citizens with PATRIOT House.’’ The question we in the Congress Act types of legislation. Mr. Speaker, Republican conferees so ought to ask is this: What if our efforts There are two main reasons we need far are unwilling to provide a final to Westernize and democratize Iraq do to reject the foreign policy of the past not work? Who knows? Many believe Medicare agreement that will provide 50 years that has been used to ration- seniors with an affordable, available that our pursuit of nation building in alize our presence in Iraq. First, the Iraq will actually make things worse in and guaranteed prescription drug ben- practical: We cannot expect to force efit that does not privatize Medicare. Iraq, in the entire Middle East, Western, U.S.-style democracy on a na- through the entire Muslim world, and With the added threat of employers tion that for over 1,000 years learned to even here in the United States. dropping retiree health benefits if a re- live with and accept an Islamic based This is a risky venture and this new tiree is eligible for Medicare, we will funding represents an escalation of our legal system. No matter what we say or believe, to no doubt have a public health crisis on efforts to defend a policy that has little the Iraqis they have been invaded by our hands. chance of working. Since no weapons of mass destruction the Christian West, and whether it is Mr. Speaker, Republicans are prom- were found in Iraq, nor any evidence the United States, U.N. or European ising tax credits and subsidies to em- that the army of Saddam Hussein could troops that are sent to teach them the ployers in order to persuade them not have threatened the security of any na- ways of the West it will not matter. to reduce or deny benefits to seniors. tion, let alone the United States, a new Second, we have no constitutional But these approaches do not work and reason is now given for the endless en- authority to police the world or in- the answer is very simple. Employer tanglement in a remote area of the volve ourselves in nation building, in dollars being provided for retiree cov- making the world safe for our style of world 6,000 miles from our homeland. erage should contribute towards the democracy. Our founders advised We are now told that the need to be out-of-pocket cap on the Medicare ben- against it and the early Presidents fol- in Iraq is to fight the terrorists that efit. This system would allow seniors attacked us on 9/11. Yet, not one shred lowed that advice. If we believe strong- to reach the catastrophic amount ear- of evidence has been produced to show ly in our ideals, the best way to spread lier in the year, the amount at which that the Iraqi government had any- them is to set a good example so that thing to do with 9/11 or the al-Qaeda. others will voluntarily emulate us. point Medicare would pay 100 percent The American people are first told Force will not work. Besides, we do not of drug costs, thereby providing relief they have to sacrifice to pay for the have the money. The $87 billion appro- to employers and providing an incen- bombing of Iraq. Now they must accept priations request should be rejected. tive for them to continue providing re- the fact that they must pay to rebuild f tiree coverage. It is simple. it. If they complain, they will be ac- PROTECT EMPLOYER-SPONSORED I just hope, Mr. Speaker, tomorrow cused of being unpatriotic and not sup- COVERAGE IN MEDICARE CON- when President Bush plans to meet porting the troops. I wonder what a se- FERENCE with the Medicare conferees, I would cret poll of our troops would show on encourage him to ask the conferees to whether or not they thought coming The SPEAKER pro tempore (Mr. home next week indicated a lack of KLINE). Under a previous order of the ensure that this important issue is ad- support for their well-being. House, the gentleman from New Jersey dressed, because if all we do in passing Some believe that not raising taxes (Mr. PALLONE) is recognized for 5 min- a Medicare drug benefit is manage to to pay for the war is a way to pay for utes. basically eliminate employer-retiree the war on the cheap. It is not. When Mr. PALLONE. Mr. Speaker, I rise coverage for drug benefits in health deficits skyrocket the Federal Govern- this evening to highlight a crucial care, then certainly there is no point in ment prints the money and the people issue that is beginning to take center having the Medicare agreement or the are taxed by losing value in their sav- stage in the Medicare debate, and that Medicare drug coverage at all. ings and in their paychecks. The infla- is the fate of employer-sponsored I would hope that this could be ad- tion tax is a sinister and evil way to health coverage for retirees. dressed. Otherwise, I would say that pay for unpopular wars. It has been As it currently stands, the House- done that way for centuries. passed Republican Medicare bill en- the Democrats will continue to raise Mr. Speaker, I guess we shouldn’t courages employers who are currently this as an issue while the conferees worry because we can find a way to pay providing retiree health benefits to meet because it is so important. And so for it. Already we are charging our drop that coverage. Unfortunately, the many of my constituents, Mr. Speaker, wounded soldiers $8.10 a day for food Republican bill states that any dollar have already talked to me about it and when recuperating in a hospital from an employer pays for an employee’s are very concerned about the possible war injuries. prescription drug costs would now loss of their coverage.

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.077 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8263 PREVENTING UNDERAGE to the myth, which is false, that if a House, the gentleman from Ohio (Mr. DRINKING young person is using alcohol then BROWN) is recognized for 5 minutes. The SPEAKER pro tempore. Under a they will not use other drugs, when the Mr. BROWN of Ohio. Mr. Speaker, 165 previous order of the House, the gen- reverse is absolutely the fact. If you years ago the U.S. House of Represent- tleman from Nebraska (Mr. OSBORNE) is start using alcohol early, you are more atives passed a rule to ban discussion, recognized for 5 minutes. apt to be addicted to all kinds of other debate, printing of any information or Mr. OSBORNE. Mr. Speaker, I spent drugs as well. discussion of the issue of slavery. As a roughly 40 years working with young Oftentimes parents will purchase al- result, former President John Quincy people, and over those 40 years there cohol for children. And then, of course, Adams, who was elected to the House there is the issue of lack of parental in- was a growing concern about drug of Representatives after he was Presi- volvement. A recent study indicated abuse. Drugs such as cocaine, mari- dent, came to the House floor night that parents today spend 40 percent juana, heroin, methamphetamines were after night, week after week, hoping to less time with their children than they unheard of in 1960 and became more change the minds of people and debate did a generation ago, and of course the issue of slavery. and more prevalent as those 40 years that leads to some problems in the al- moved forward. cohol area. Adams, one of the Nation’s leading My observation was the primary drug Then of course there has been a prob- abolitionists, one of the Nation’s problem that we had with young people lem with media influence. Young peo- strongest believers in giant social jus- really revolved around alcohol. Last ple are often targeted by alcohol com- tice, as a result, because he was prohib- week the National Academy of Science mercials, and those of you who may ited from talking about slavery, came came out with a report on underage watch NCAA football this next Satur- to the floor and read letters that he re- drinking that I think underscored this day will undoubtedly come across a ceived from constituents in Massachu- observation. The findings were as fol- number of beer commercials, and these setts and constituents around the lows: commercials will not show you an country. He believed that Congress Number one, underage drinking re- overweight 50-year-old or an auto- should discuss slavery and debate slav- sults in $53 billion of costs to the Na- mobile accident or somebody whose ery, so he allowed citizens to speak tion annually; $19 billion of this is for wife walked out on him. Rather, they through him as the microphone, citi- alcohol-related traffic accidents; 2,339 will be young, they will be attractive, zens through using these letters to 15- to 20-year-olds were killed in 2000 by they will be athletic and they will be speak directly to Congress, directly to alcohol-related traffic accidents. having a good time. And so NCAA the American people. Number two, availability apparently sports, which should be aimed at im- In a similar way, many in this Con- is no problem. Ninety percent of proving things for young people, is, I gress are unhappy that we are failing twelfth graders say obtaining alcohol think, in this case part of the problem. to investigate what our role in Iraq is easy. Fifty percent of seniors drink Also, much music targeted to young was. My friend from Texas (Mr. PAUL), each month, and 25 percent of those people glamorizes alcohol. Republican from Texas, has joined with drink heavily. b 2015 many of us in questioning and asking Third, underage drinkers drink more for an independent commission to in- than adults do. The report indicates So some of the solutions provided by this report I think are worth noting. vestigate the Bush administration’s that underage drinkers consume nearly distortion of evidence of Iraq’s weapons twice as much alcohol on each occasion I think we need to reallocate government resources. Twenty-five times of mass destruction program, saying than adults. In other words, underage that we need to know more in order to drinkers are more likely to drink to more money is spent on preventing illegal drug use than preventing illegal deal with the problems at hand more, get drunk than adults. and as a result, I would like to read let- Number four, underage drinking is drinking by young people, and yet if we ters from petitioners from Ohio, from more addictive. Due to psychological can keep people from drinking, par- my District most of them, from all of and physiological immaturity, alcohol ticularly at an early age, we are going Ohio, received from Ohio literally dependency progresses much more rap- to do a tremendous amount to cut thousands of letters questioning, ask- idly in young people. Sometimes it pro- down use of other hard drugs, and our ing that Congress investigate, ques- gresses in a matter of weeks or money would be much better spent in tioning what we are actually doing in months, whereas in most adults the that regard. We need to hold alcohol advertisers Iraq. disease may progress over a period of accountable for targeting young peo- years. From Jay from Richfield, Ohio, While ple. There is no question that many of It is estimated that there are 3 mil- listening to the speech of the President their advertisements are aimed di- lion teenage alcoholics in our country regarding Iraq last Sunday, I was rectly at people, and some of those are today, and those that are addicted to struck by the fact he is asking for $87 underage drinkers. We need to hold the other drugs, it could be a fraction of billion for Iraqi reconstruction. What recording industry, the motion picture is magic about $87 billion, Jay writes. that 3 million, and yet that gets most industry and the television industry of the attention. If we assume there are 290 million men, accountable for ratings. Many of these women and children in the U.S., that Number five, the average age of the ratings are rated G or PG and have first drink is decreasing. At the present means that every man, woman and heavy alcohol content in them. child will be contributing $300 to the time the first age of drink is about 14 We need to enforce regulations ban- on the average. Twenty percent of reconstruction of a country we will ning the sale of liquor to underage never visit and whose welfare would eighth graders use alcohol frequently. drinkers. Many times people who vio- Six, the side effects of adolescent never have affected us but for the lies late these rules just get a slap on the of our President. drinking are devastating. Underage wrist. It has been proposed, also, by the When the President sold America his drinking leads to violence, suicide, aca- NAS study that we raise the excise tax enormously wasteful tax cut a few demic failure, date rape, unwanted on alcohol to promote a campaign to years back, his cornerstone was $300 for pregnancy, it can impede brain devel- reduce underage drinking, much as we every family. He was full of stories re- opment, and it is a gateway to other il- have to reduce smoking. legal drugs such as cocaine, meth- So all of these things I think are garding what a family could do with an amphetamine and heroin, because all worth considering, and I certainly urge extra $300. Jay of Richfield, Ohio, of those drugs usually do not start with the membership to take a hard look at writes. the drug itself but rather alcohol con- the NAS report. Sue of Elyria, Ohio, writes, Rather than admitting the shortcomings of his sumption. f Number seven, a point that I would failed policy and plotting a course to like to bring out is why has underage LETTERS FROM CONSTITUENTS get us out of Iraq, President Bush used drinking become such a huge problem. CONCERNING IRAQ the Sunday speech to the Nation to re- I would say parental factors have been The SPEAKER pro tempore (Mr. peat his lies in the hopes that people a major issue. Many parents subscribe KLINE). Under a previous order of the will believe them if they are said often

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.079 H16PT1 H8264 CONGRESSIONAL RECORD — HOUSE September 16, 2003 enough. There was no mention of weap- bers to avoid personally offensive ref- Stabilization is currently the goal of ons of mass destruction. Bush contin- erences to the President of the United our military operation, to find, contain ued to equate Iraq with al Qaeda ter- States. and kill those who would hurt our rorists even though there is no factual f troops or harm innocent Iraqi citizens. basis for the charge. Then he asked us for another $87 billion to bail him out, REPORT ON IRAQ Mr. Speaker, I would like to point and I am sure this is only the begin- The SPEAKER pro tempore. Under a out a picture that I took while I was ning. President Bush will be back ask- previous order of the House, the gen- over. This was actually taken in Tikrit ing for more. tleman from Texas (Mr. BURGESS) is in one of Saddam’s old palaces. The How much is $87 billion, Sue writes. recognized for 5 minutes. men and women of the 4th Infantry Di- For that amount of money, America Mr. BURGESS. Mr. Speaker, 2 weeks vision, that is a Fort Hood division out could solve the school budget crisis in ago I had the privilege of visiting Iraq of Texas, had this graphic up there to every one of our communities and pro- with the gentleman from Virginia (Mr. illustrate how 42 of the 54 most wanted vide health insurance for every unin- TOM DAVIS), the Committee on Govern- of the former Iraqi regime are no sured American child for 15 years, pro- ment Reform chairman. I am not a longer a threat to the Iraqi people or vide food for all six million of the chil- member of that committee, but he the American people: Saddam’s regime dren who die from hunger around the kindly let me accompany them. is gone and will not be back, can you Mr. Speaker, when I returned to this world for the next 7 years. Sue from hear me now. Elyria, Ohio. country I will have to tell my col- Ted from Lorraine, Ohio, where I leagues I wondered if I had gotten off a Mr. Speaker, as far as the police live, asked about the $87 billion more plane on the wrong planet or if my jet force in Iraq is concerned, we are just for the invasion of Iraq. He writes, lag was particularly bad. I turned on now 2 years and 5 days after the 9/11 What happened to the $69 billion he the evening news and listened to one of disaster, and many of us got to know spent already? Was it all given to Hal- the national news anchors, and his Bernard Kerik on our TV screens, the liburton, the ‘‘no bid’’ contractor and comments about Iraq were such that I police commissioner from New York friend of the President’s? Why does not did not recognize the country that I City who presided over the New York Congress write into the law giving him had just left. Police Department during 9/11. He has money that no contracts be let without Mr. Speaker, I want to tell my col- been a miracle worker in Iraq. He has leagues tonight about what I did see fair and open bidding? His concern for gone from zero to 35 precinct stations while I was there. It is a good story, the people of Iraq is heartwarming, but in a mere 14 weeks’ time. He has stood what of us, Americans who pay him and it is a story the American people need to hear, and unfortunately, it is a up 37,000 Iraqi policemen and expects to and are suffering from a terrible loss of have 65,000 more by next May. jobs and income? What of our schools story the American people are not and our roads and our bridges and con- hearing as we have heard evidence to- Mr. Speaker, to sum up, I would like stitutional rights under the Bill of night by the comments on the other to just illustrate the 90 days of Rights? Not a word from the President side. progress that have happened in Iraq. on that. General Conway of the 1st Marine The schools have completed their aca- Jack from North Royalton, Ohio, Expeditionary Force in Babylon told demic year and completed testing and writes, I believe that we, the American our group that what has happened in indeed will be starting, if they are not public, were manipulated by mis- Iraq is a vivid success story. The Iraqis already started, a new school year this leading statements by President Bush are not concerned that we will stay too September. Over 90 percent of the in order to gain support for a war in long; they are more concerned that we major cities and towns in Iraq have will leave too soon. Iraq. This war is costing the American functioning city councils and town Mr. Speaker, when we flew into people billions of dollars. More impor- councils. Over 500,000 Iraqis are con- tantly, it is costing the lives of Amer- Baghdad that first morning, I was struck by how normal life is in Bagh- tributing to their own security and ican military personnel. This war has border security. Prisons are on the cost America the friendship and re- dad. The markets are full. There are cars on the street. In fact, we encoun- verge of reopening, and the judicial spect of law-abiding Nations. This is a system is up and functioning. Food dis- sad period for America and for Ameri- tered a couple of traffic jams. Satellite tribution occurred throughout the cans. The Bush administration should dishes have appeared on the rooftops of combat phase and afterward. No hu- be held accountable. President Clin- the apartments and houses in Baghdad, ton’s lies were about a personal sexual and Mr. Speaker, bear in mind that 4 or manitarian crisis grew as a result of matter. President Bush’s lies are about 5 months ago, possession of a satellite the combat in Iraq. an international issue. dish was punishable by a year in pris- Hospitals remained open and func- Matt from Cuyahoga Falls, Ohio, on, and now 25 to 30 percent of the tional. To be sure, they leave a lot to writes, The costly war, which has not homes have satellite dishes. These are be desired, but nevertheless, they re- ended, has cost thousands of civilian people who are hungry for knowledge, mained open and most importantly to lives and hundreds of American mili- who are hungry for information. The schools completed their school me, four and a quarter million children tary lives. It has not improved national have been immunized since last May. security. It has weakened it. It was evi- year. Agriculture in this country, in dent, Matt writes, as the administra- spite of the combat phase of Operation Mr. Speaker, I would point out in tion danced around looking for reasons Iraqi Freedom. Just at the end of Au- this 90 days of progress, none of these to attack Iraqi men, women and chil- gust, they had completed the wheat things were in place in Kosovo a full dren that there were conflicts of inter- harvest up by Tikrit, an area that year after that major military oper- est between members of the adminis- looks very similar to Kansas for all I ation ended. could tell. Perhaps the Kansas of 150 tration and the possible reasons for I would like to point out some of the years ago, but nevertheless it looked going to war. things that I saw within the health These are five or six of the literally very similar to Kansas. From a military standpoint, the com- care industry in Iraq, which was par- the thousands of letters, hundreds of ticularly important to me as a physi- thousands around the Nation that we bat phase of Operation Iraqi Freedom cian. There has been no health care in- are receiving questioning what we are was prosecuted brilliantly, and Mr. frastructure improvement in Iraq for doing in Iraq, wanting a plan on how Speaker, I would point out probably we are going to get out. more humanely than any other mili- over 30 years. Pharmaceuticals manu- tary exercise in the history of the factured in Iraq were useless, and we f world. There is no remaining strategic juxtapose this with the opulence of the ANNOUNCEMENT BY THE SPEAKER threat, that is to be sure Iraq is still a palaces and the poverty of the hos- PRO TEMPORE dangerous country, but the Iraqi mili- pitals. Mr. Speaker, this was a man The SPEAKER pro tempore. The tary is not going to reconstitute under who needed to be removed and deserved Chair would like to remind all Mem- Saddam Hussein and attack our forces. to be removed.

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.081 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8265 HONORING THE LIFE OF MORRIS who are the everyday workers of our membered era already a half century in ‘‘MOE’’ BILLER society. I ask that my colleagues, citi- our Nation’s past when Americans and The SPEAKER pro tempore. Under a zens of America, and the 750,000-plus the other free people in the world came previous order of the House, the gen- postal workers join with me in extend- into serious confrontation with the em- tleman from Illinois (Mr. DAVIS) is rec- ing our heartfelt condolences to the pire led by the Soviet Union. ognized for 5 minutes. Moe Biller family and our thanks for In the late 1930s, Teller and many Mr. DAVIS of Illinois. Mr. Speaker, I his great work on behalf of humanity. others, more than a few being fellow rise today to pay tribute to a giant in May Moe Biller’s spirit rest in peace refugees from Hitler’s tyranny, had an- the labor movement, a giant whose and resonate in our actions. He was swered President Franklin Roosevelt’s voice was silenced 2 weeks ago, Mr. truly a representative of the working call to commit their technical talents Morris Biller, affectionately known as man. to the defense of freedom against the Moe. Moe Biller departed this life on f clear and present danger of fascism September 5 at age 87. with historic consequences known to HONORING PROFESSOR EDWARD us all. A decade later in the late 1940s Moe Biller’s voice may be silent, but TELLER the principles for which he lived and when the world’s free peoples faced an- fought for can be heard all around the The SPEAKER pro tempore (Mr. other grave, but less clearly perceived, world. It is often said that success in KLINE). Under a previous order of the totalitarian threat, Teller rallied and life can be measured by how many peo- House, the gentleman from California led American scientists and engineers ple one is able to touch in a positive (Mr. HUNTER) is recognized for 5 min- in providing American political leaders way. By all accounts, Moe Biller lived utes. with the key technical means for with- a pretty successful life. Mr. HUNTER. Mr. Speaker, I rise standing the Soviet challenge. He con- He was one of those individuals who today to pay tribute to one of the great tinued his exemplary leadership for the had to swim upstream. His 20 plus Americans of the last century, Dr. Ed- following quarter century until one of years as president of the American ward Teller, who passed away on the our greatest Presidents, Ronald Postal Workers Union helped to trans- 9th of September and said of his own Reagan, sounded the call for the con- form that union and the United States accomplishments, ‘‘What I did, I did be- clusive campaign of the Cold War. Postal Service. Moe’s legacy will per- cause it was necessary, not to be re- Then already at an age when most are haps be that of a hero to those workers membered. The little contributions I content to rest, Edward Teller again of the Postal Service who were viewed made in pure science, I am proud of rallied and marshaled his professional as mediocre to the mail process. He those, and whomever wants to remem- colleagues from all over America to was a champion for the little people. ber that, fine.’’ But Dr. Edward Teller create the technical core of the inter- In 1970, he led a strike that began in deserves to be remembered, and it is lock set of philosophical, political, eco- his hometown of New York and spread important that we remember him be- nomic, and military challenges that to 30 cities involving 200,000 workers. cause he perhaps more than anyone Reagan launched at the Soviet Empire, Former President Richard Nixon called else in American science believed that resulting in its unexpectedly swift, in the National Guard in an effort to we could achieve peace in the world bloodless, and utter collapse. move the mail. That strike led to post- through military strength. He did ev- Mr. Speaker, Teller’s technical ge- al reorganization in 1971 and provided erything he could to rally a commu- nius and near solitary perseverance workers with the right to bargain for nity of scientists, technical people, en- gave the United States crucial first ac- wages, benefits and improved working gineers to back up the political leader- cess to the most fearsome weaponry, conditions. ship in this country when we were and the vision that he shared with Er- Even those who did not agree with faced with an enormous military adver- nest Lawrence in founding the second Moe’s style or message respected him sary in the Soviet Union. And ulti- laboratory concerned with nuclear for his courage and passion on behalf of mately as the Soviet ambassador said weaponry that has endured and ensured the workers at the postal workers’ op- when he left at the end of his tenure America’s weaponry excellence eration. upon the collapse of the Soviet Empire, through its brilliantly conceived, su- The Postmaster General has noted the Reagan Strategic Defense Initia- premely effective appeal to innate that Moe Biller was a forceful, innovative, which was largely Edward Tell- American competitiveness, and as we tive leader who worked tirelessly on er’s, hastened the fall of the Soviet will do very well to remember this behalf of the American Postal Workers Empire by a full half decade. Teller-Lawrence lesson regarding the Union members and on behalf of the Dr. Teller died at age 95 of a stroke surpassing importance of competition- Postal Service. The Postmaster Gen- at his home in Palo Alto where he had based technical preeminence in all cru- eral ordered that flags at postal facili- worked for the past 28 years as a senior cial national security programs, very ties be flown at half staff until Biller’s Fellow at the Hoover Institution at specifically including nuclear weap- burial, which took place on Sunday, Stanford, a towering source of Amer- onry, for every bit as long as it takes September 7. ican intellect and ideals, both literally to undergird America’s national secu- and figuratively. Just a few days ear- rity. b 2030 lier, he had put in his last day of work It was Edward Teller’s Churchillian- Mr. Speaker, Moe Biller’s imprints at the Lawrence Livermore National quality vision, his simple eloquence, on the labor movement, collective bar- Laboratory which he cofounded with and his unwaivering moral courage, gaining rights, and concern for human- his fellow University of California pro- and not just once but twice facing ity are attributes to be admired. Moe’s fessor, Ernest Lawrence, 51 years ago down multitudes of those less com- work will continue with leaders like this month, and where he labored pro- mitted to the effective defense of tradi- the current president of the APWU, digiously for the American cause ever tional Western values, and yes to the Bill Burrus. I was pleased to join Bill since. triumph of the American cause, that Burrus and members of APWU at the Characteristically on his last Liver- we should most honor and longest re- Second Annual Moe Biller Postal Con- more workday, he was reviewing recent member. To be sure, Edward Teller ference which took place at the Brook- technical developments concerning a made mistakes, and he acknowledged ings Institute recently, and Moe’s pres- new source of nuclear energy, an area and regretted them; but they dwindle ence could be felt. he was deeply engaged in the past 64 into complete insignificance when We have lost a giant in the move- years and upon which topic he coau- viewed against his monumental accom- ment. The best way we can honor Moe thored a seminal scientific paper 70 plishments on behalf of all Americans Biller is to keep his spirit alive by re- years ago that is still widely referenced and indeed all freedom-loving people dedicating ourselves and redoubling today. everywhere. our efforts to improve worker condi- But what makes Teller unique among Mr. Speaker, I am reminded when Dr. tions, protect collective bargaining, ex- all of the rest of the greats of our time Teller talked about going to meet Al- pand health care to those in need, and is a vision and courage that he mani- bert Einstein in 1939 and asking a little provide adequate resources for those fested in a most difficult, too-little-re- girl skipping rope if she knew where

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.084 H16PT1 H8266 CONGRESSIONAL RECORD — HOUSE September 16, 2003 Dr. Einstein lived. She said no as she election reform bill, the Republicans During his life, he received numerous was skipping the rope. He finally asked have blocked full funding. Up to this service awards and recognitions, in- about the guy with the big fuzzy white moment, we still need another $2 bil- cluding Volunteer of the Year for the hair, and she directed him to the cor- lion before the end of the year to en- Hondo Volunteer Fire Department, rect door. He went in with two other sure that we do not repeat the 2000 1986; Community EMS Service Award, physicists and together with Albert election. Yet if we fail to provide the 1986 to 1990; Medina County Peace Offi- Einstein they wrote the letter to FDR States with this badly needed funding, cers Association Citizen of the Year; that changed the world. Edward Teller we may be headed right down the same Hondo Area Chamber of Commerce Cit- was a great scientist. He was also a path, to face this terrible situation izen of the Year; Outstanding Band great American. that we were in just 3 years ago. Booster Service Award; and special rec- f Here we are, 3 years later, the leader ognition from the San Antonio Area of the free world and at the same time Chapter of the Red Cross, as well as the CALIFORNIA RECALL DECISION the laughingstock of the free world Boy Scouts. He was an active member The SPEAKER pro tempore. Under a telling other nations that we do not of the Hondo Church of Christ. He was previous order of the House, the gentle- support them or we are going to sanc- the chief of the Medina County Juve- woman from Florida (Ms. CORRINE tion them because we consider their nile Probation Department where he BROWN) is recognized for 5 minutes. elections to be unfair; yet here at home worked with the troubled youth of the Ms. CORRINE BROWN of Florida. we cannot get our own elections right. area, a job which he found most re- Mr. Speaker, I am very pleased with I completely support the circuit warding, and through his department the decision made yesterday by the 9th court’s decision and hope to see the he helped a faith-based program called U.S. Circuit Court of Appeals that de- election postponed until they get bet- Angels Crossing. clared the use of older voting machines ter equipment in place. We must never, b 2045 would again lead to the disenfranchise- ever repeat what happened in Florida. ment of minority voters. I applaud the We certainly do not want to witness a Bobby was always willing to volun- court for deciding to assure voters that repeat of the 2000 Presidential election. teer and work on any project that was the basic fundamental requirements of In closing, I think the recount in Flor- ‘‘for the kids.’’ He always said, ‘‘If you equal treatment and fairness are car- ida, the redistricting problem in Texas, can’t do something for kids, what’s the ried out. Underlying this, I quote from and the recall of California’s Governor point? Kids are our future.’’ Justice Kennedy who wrote: ‘‘Voting is is part of a right wing conspiracy to He also served as a Texas Depart- one of the most fundamental and cher- politically enslave the American ment of Criminal Justice religious vol- ished liberties in our democratic sys- people. unteer for approximately 8 years. He tem of government.’’ To me, the Cali- f loved to sing and served as a song lead- fornia decision highlights a painful les- The SPEAKER pro tempore. Under a er at church services held at the Joe son our country learned from the 2000 previous order of the House, the gen- Ney Unit in Medina County. Through his work at the Joe Ney Unit he was elections, that it is not possible to hold tleman from Michigan (Mr. SMITH) is a fair democratic election if voters are recognized for 5 minutes. able to secure funds to have a chapel not guaranteed their votes will be fair- (Mr. SMITH of Michigan addressed built, and now with his passing, a for- ly counted. the House. His remarks will appear mal request has been made that the I read in the paper and have heard on hereafter in the Extensions of Re- chapel to be constructed as the unit be the news a lot of talk about hanging marks.) named the R.L. Kelley Chapel. It will chads and other technical problems be dedicated to helping men find God f that led to the Supreme Court select- and change their life just as he dedi- ing George W. Bush as the President in REMEMBERING ROBERT LLOYD cated his life to helping people. the 2000 Presidential election; but let KELLEY I extend my deepest condolences to me tell Members that in my district, The SPEAKER pro tempore. Under a Bobby’s wife of 35 years, Jill, who is a Florida’s third, 27,000 votes were previous order of the House, the gen- seventh grade Texas history teacher at thrown out and never counted. Let me tleman from Texas (Mr. STENHOLM) is McDowell Middle School in Hondo, and repeat, 27,000 votes from precincts 7, 8, recognized for 5 minutes. his daughter, Lisa, who works for me 9 and 10 tossed out, never counted from Mr. STENHOLM. Mr. Speaker, I rise on the House Agriculture Committee. minority neighborhoods that vote 98 tonight in honor and remembrance of Although he will be deeply missed, percent Democratic. Robert Lloyd Kelley, who tragically Bobby’s spirit will live on in the hearts In California, the voting machines passed away on March 15, 2003, at the and memories of everyone he loved and that 44 percent of the voters were going age of 57. Robert Kelley, known as inspired, especially his family and clos- to use in the October 7 recall election Bobby, was not only an outstanding fa- est friends, today and for generations were so questionable that California’s ther and beloved husband, he was also to come. Secretary of State, a Republican, was a great community leader and mentor Mr. Speaker, please join me in honor not planning to allow this equipment who gave freely of his time and energy. and remembrance of Robert L. Kelley. to be used in future elections. And take Those who knew Bobby knew that he Medina County, Texas, was indeed for- note, the comparison he drew for the loved life, especially his family, his tunate to have such a dynamic and dire situation was that California church, the Texas Aggies, his job, and dedicated community leader who will- should not wait for a Florida-style his community. He was devoted to his ingly and unselfishly gave his time and election problem before going ahead to aging parents and took care of their talents to make his community a bet- replace their out-of-date voting ma- physical and emotional needs. Bobby ter place in which to live, to work, to chines. was kind and generous to many in the call home and to raise a family. In the court decision, the 9th Circuit community, but his rewards are now f stated that 40,000 citizens of California being reaped in the splendor of heaven. would have their votes uncounted be- Bobby was born on February 4, 1946, ILLEGAL IMMIGRATION cause of old machines they were plan- in San Antonio, Texas, to Dr. E. Lloyd The SPEAKER pro tempore (Mr. ning to use. I repeat, 40,000 votes. In ad- Kelley and the late Mary Yvonne KLINE). Under the Speaker’s announced dition, a quarter of the State polling McGarry Kelley. He is preceded in policy of January 7, 2003, the gen- places are not yet functioning because death by his mother as well as his son, tleman from Colorado (Mr. TANCREDO) election officials did not have enough Timothy Lloyd Kelley. is recognized for 60 minutes as the des- time to prepare for the recall. To me, Bobby played an active role in his ignee of the majority leader. the situation in California clearly community of Hondo, Texas, serving Mr. TANCREDO. Mr. Speaker, earlier shows that we still have quite a ways both on the board of directors and as this evening while we were voting on to go in reforming our voting system. president of the Hondo Area Chamber the House floor on a number of issues And to make matters worse, even of Commerce, as well as president of and as conversations develop among though just last year we passed an the Hondo Owl Band Booster Club. colleagues here, I had an interesting

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.085 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8267 conversation that I would like to re- this country, illegal drugs that are that there is this problem. Many mil- count. A colleague of mine as we were being brought into the country as a re- lions of Americans understand that walking across the street from our of- sult of the fact that cartels, especially there is a problem but perhaps they do fice building over here, the Longworth in Mexico, have realized that their not know why and they ask me all of Office Building, said to me, you know, ability to transport illegal drugs into the time. I get I do not know how many I know that you have had a lot of in- this country is great and the profits letters and e-mails and calls to my of- volvement with immigration-related are enormous and that the harm that is fice. Over and over again the question issues and therefore I just wanted to being done as a result of that kind of is, why can’t we do something about talk to you a minute or two about activity is well documented. And we this? Day after day, week after week, some of the concerns I have. This par- talked about the fact that there are na- month after month, year after year we ticular individual happens to be a tional security problems involved with talk about the problem. There are chairman of a committee that has porous borders and that terrorists, po- countless news reports about the fact oversight in a particularly important tential terrorists, are able to come into that we cannot control our own bor- area of concern for us all and has some the United States, able to work within ders, about the fact that people are responsibilities that I would say over- the United States because, of course, coming across and that we choose to do lap into the immigration area. He there are so many millions of people little if anything about it. People say asked me what I thought we needed to who are living here illegally, that they to me, why is this happening, Congress- do because he recognized the particular can blend into the society, they blend man? I can only tell them what my col- problem we were in, the peculiar prob- into that community, it makes it in- league said to me. We do not have the lem we were in, I guess, in that we credibly difficult for us, the Depart- political will to secure our borders. I have a huge number of Americans who ment of Justice, the Department of assure you, Mr. Speaker, we have the are concerned about this issue, about Homeland Security, to identify, to technical ability to do so. We have the immigration, immigration reform, and monitor and to interdict these people. resources. We have the technological we have a great deal of pressure devel- And then we talked about, of course, attributes necessary, combined with oping, political pressure, I guess we just the abuse of our own laws, the fact human resources to secure our borders. could say, to do something about our that we recognize that our immigra- We can do it. It is a fallacy, it is a ca- porous borders and do something about tion policies are being constructed by nard to stand up in front of any group the problems that exist as a result of States and by localities, by cities and and say it is impossible, we must figure the fact that today unfortunately even counties throughout the United States out a different way to defend America 2 years after 9/11, the event that trans- that are developing policies and laws rather than defending our borders. formed America in many ways and that actually aid and abet the criminal When people say that, Mr. Speaker, changed the world in many ways, we activity we call illegal immigration. what they are saying is this: I choose have still not been able to come to And all of this devolved into one not to defend and secure our border, be- grips with one aspect of this problem common theme. Our borders are porous cause there are political ramifications and the fact is that we all know this, and we need to do something about that I fear. This is what we should read people in this body know this, and yet that. As amazing as that sounds, it is into any statement given by any politi- we seem paralyzed to do anything still a difficult concept for many peo- cian, whether they be Members of this about it. ple in this body and in the administra- body or the other body or running for I said, well, okay, I have some ideas tion, apparently, to get. But our bor- any position, elected position in the about this. Of course we went on to ders are porous and there are con- State, in any State of the Nation, be- talk in-depth about what we thought sequences as a result of this situation. cause this issue has reached that point should be done. Underline the word I tell you about this and I relate this where it is now a State and local issue, ‘‘should’’ be done. There was general conversation because of the way it because we have States in the Nation agreement between the two of us, I ended. There was, as I say, agreement that are trying to develop their own guess, that much stronger action need- between the two of us as to what the immigration policy, sometimes be- ed to be taken, that our borders are po- problem actually is. There was also an cause they are attempting to fill the rous and that something had to be done agreement between the two of us as to vacuum created by the lack of involve- in order to control the number of peo- why we cannot solve that problem and ment by the Federal Government and ple coming across our borders, north that is what is amazing to me and I sometimes because they are trying to and south, into the United States with- guess why I want to start off my dis- pander to political constituencies that out our permission, for reasons some- cussion this evening with telling you they believe will help them retain or times benign, sometimes not so benign. about this conversation, because at one obtain power, political power. We talked about the things that should point this gentleman said to me, you Recently we have seen something be in place. Once again I emphasize the know, we do not have the political will happen that points this up in a way I word ‘‘should’’ be in place. Some of the to secure our own borders. That is, of guess I could never have thought of. protections that any country would course, something I have said many The old issue about truth being strang- take, some of the undertakings that we times on this floor. It is something I er than fiction, it really works here, as Americans should simply say we have said in speeches I have given all because what if I had come to this should look at as being the most basic over this Nation. But hearing this from floor, say, 3 or 4 years ago and said, Mr. kinds of precautions, that any govern- another Member, a Member who is, I Speaker and Members, I can envision a ment would undertake in order to pro- might say, not identified as being part time when States will actually be tect their own citizens. We talked of our Immigration Reform Caucus or doing things like giving driver’s li- about the need for internal security. someone who is very high profile but censes which in many respects, and We talked about the need for Ameri- nonetheless a very respected Member many times referred to as the keys to cans to devote more resources to try- of this body. As I say, a committee the kingdom in America, a driver’s li- ing to identify those people who are in chairman. He said, and I want to say it cense, what if I had said, I think there this country, illegally for the most again, we do not have the political will are going to be States in this Nation part, and who are here for purposes of to secure the border. What a state- that actually are going to give illegal doing us great harm. And we went ment. And in an absolutely truthful aliens driver’s licenses? through the number of problems that statement, a statement we all know in Of course there would have been deri- we have because, of course, there are our heart of hearts is accurate but a sion, there would have been a response many interests that are involved here, statement that we do not want ex- we all can identify with, those of us many political interests that develop ploited, a statement that we do not who are concerned about this issue, be- that complicate the issue of simply se- want to be made public. But it is public cause we have faced that kind of reac- curing our own borders. knowledge, Mr. Speaker. We may think tion by the press and by even our col- It became apparent after a short we are the only ones here that know leagues in the past. They would have time, after we talked about the amount this dirty little secret, but I assure you said, you are such a radical on this of drugs that are being brought into that Americans know and understand issue, you are so off base, you are anti-

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.090 H16PT1 H8268 CONGRESSIONAL RECORD — HOUSE September 16, 2003 immigrant, you are racist, all of those rosanct facet of citizenship. But in- Someone presents a driver’s license. epithets that they throw out every creasingly, even in the post-9/11 atmos- They may have a criminal record in time we talk about immigration and phere of heightened security, States other countries. They may have ob- immigration policy. Never could this are giving away the keys to our coun- tained that driver’s license illegally. happen that any State in the Nation try to those who aren’t even citizens They may have used a false identifica- would give illegal immigrants the keys and are, in fact, here illegally. tion to obtain the driver’s license. to the kingdom. Yet, of course, that is ‘‘A recent Federation for American They may have gone to the Mexican exactly what is happening. Several Immigration Reform report highlights Consulate, let us say, and obtained a States in this Nation have, and now the how States are undermining immigra- matricula consular. This is a document most recent, the State of California. tion enforcement and throwing the that is handed out by the Mexican Gov- door open wide to terrorist infiltration. ernment to those Mexican nationals b 2100 Along with Sanctuary policies man- living in the United States illegally. In A Governor so desperate to try to re- dating noncooperation between local California, as a result of the bill that tain power that he signs a bill that he and Federal enforcement, Federation was signed by Governor Gray Davis, a had twice vetoed and vetoed with a for American Immigration Reform person who has obtained one of these message that said something like this: cites the issuance of driver’s licenses to matricula consular, that is the name of It is crazy to give people who are here illegals as one of the key breakdowns the card, can then go and get a driver’s illegally a driver’s license because we in homeland security, a conclusion license. So even if one is, in fact, a cit- do not know anything about them. We shared by both the FBI and the Depart- izen of the United States but a felon cannot determine their background. ment of Homeland Security. who has a long, long history of trans- We do not know who they are. We do ‘‘All 19 of the 9/11 terrorists possessed gressions, they can obtain this not know anything about them, and one or more of State driver’s licenses, matricula consular in a different name which they used to blend in, rent when we give a driver’s license like to and become a different person just like apartments, open bank accounts, and, somebody like that, they can use it for that. And then they take their card to ultimately, to board the airplanes they nefarious purposes. But he forgot all of the motor vehicle division in Cali- intended to crash,’ the report notes. those veto messages because he is in fornia, and they get their driver’s li- ‘The decision by 13 State legislatures the process of being recalled by the cense, and then they go buy a gun, and people of the State of California. And and Governors to give driver’s licenses to people in this country’’’ who are there is nothing, there is no record, of he says, oh, this is a great idea. Why course, of who they are, who they real- did I not think of it before? It is abso- here ‘‘‘illegally, people about whom we know nothing, directly hinders Federal ly are, and therefore, they can obtain lutely necessary for us to give illegal efforts to address the homeland secu- this weapon. Why have we not heard immigrants into this country the rity threat.’ from the antigun lobby? Why have we ‘‘keys to the kingdom.’’ ‘‘Gun Owners of America Commu- not heard from all those people who There is only one reason he did that, nications Director Erich Pratt told’’ raised such hell when we talk about of course, and that was to gain the this magazine ‘‘that obtaining a driv- the possession of firearms in America, votes he hopes he will obtain in order er’s license would ‘absolutely’ make it and they even try to restrict the pos- to be retained in office. This is amazing easier for illegal aliens to purchase session of firearms to law-abiding citi- to all of us. I mean, most Americans firearms throughout the country. ‘The zens? But they do not say a word about look at this and understand it for ex- background check only bounces names the fact that we have just opened the actly what it is: political pandering in against real bad guys . . . so yes, if door to millions of people who are here its worst form, and yet it has hap- they have what would seem to be proof illegally and to potentially millions of pened. And I hope that we can look at that they are a legal resident,’ ’’ the people who would do harm to the Na- this little visual example of the prob- driver’s license, ‘‘‘obviously, there tion and to others if they were able to lem: A California driver’s license for a would be nothing on the driver’s li- obtain a firearm because they are now gentleman named Osama bin Laden, 525 cense to indicate that’’’ they were here able to get a driver’s license in one of Main Street, Los Angeles, California; illegally. ‘‘‘Then this really greases the several States, the most important of date of issuance: 9–11. This is a dra- skids of being able to purchase fire- which, of course, is California. matic, perhaps some would say overly arms from gun stores,’ Pratt ex- Not too long ago, last week, as a dramatic, statement we are trying to plained.’’ matter of fact, I held a press con- make here, but this is what it takes I am a Representative of the State of ference here, and I had with me several perhaps to bring some people to their Colorado, specifically the 6th Congres- family members of people who were senses. Can we keep this from hap- sional District. An incident occurred in killed in the terrorist attacks on our pening? my district that is often referred to as country on 9/11. ‘‘Families for a Secure Illegal immigration poses a threat to just the ‘‘Columbine incident.’’ Col- America’’ convened on Washington, the United States in many, many ways, umbine High School is in my district, D.C., to air their grievances over the certainly in a national security sense. not more than a mile or so from my continued lax immigration policies In a recent article by Steve Brown and own home, and we all know the tragic supported by lawmakers concerned Chris Coon, they say, ‘‘Governor Gray consequences of those children who only about their careers and lobbyists Davis has opened a significant breach took guns into a school and killed 13 with specious ulterior motives. in the Nation’s homeland security by students and died at their own hands, ‘‘It is clear,’’ they say, ‘‘that the law- signing a bill allowing illegal immi- the two perpetrators. And there was an yers, lobbyists, ethnic power brokers, grants to obtain driver’s licenses that outcry throughout this Nation, and ideologues, business profiteers, and bear the official seal and full govern- there was a concern raised about the misguided do-gooders who don’t care mental authority of the State of Cali- availability of guns to these two indi- about the security of their fellow fornia.’’ These driver’s licenses allow viduals who committed this heinous Americans will never stop working to people to open bank accounts, make act. We had to work through that in keep America’s borders open. Beyond certain purchases, and obtain jobs. this body, and we had to work through any doubt, since the murder of . . . ‘‘Driver’s licenses also serve as the sole it as a Nation, and time and again I 3,000 innocent people on 9/11, these peo- ID needed to travel abroad to Mexico, have heard people come to this floor to ple have shown by their actions that Canada, and some Caribbean countries. protest against the availability of fire- they will never sacrifice their power, They allow easy access to air travel arms. Here we have a situation now in profits, and ideology for the safety of and car rentals. It is a requirement for several States where we have made it the American people as a whole.’’ obtaining a firearm. Through the con- enormously easy for someone who is This was a quote by Tom Meehan at venience of the Motor/Voter Act, ob- here illegally to obtain a firearm. What this press conference that we held. And taining a driver’s license even grants does that mean? It means that we have he went on to say: ‘‘And we 9/11 fami- the right to vote, a fundamental right nothing against which to bounce off lies have learned since the murder of for which generations of American this information, as the statement here our loved ones that this President and blood has been shed and the one sac- I read a minute ago indicates. most Members of Congress will not do

VerDate jul 14 2003 06:09 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.091 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8269 the right thing unless they are forced litical tool, passing a bill that he had health care, and, yes, even the benefits to do so by the 70 to 90 percent of turned down many times because he is of voting. Americans that polls show want dras- now in jeopardy, it shows you how po- What is left? What is left to define tic and immediate immigration re- litical this is and how immigrants are the idea or the concept of citizenship? form.’’ being used.’’ What does it mean? Has it any value Lynn Faulkner, who lost his wife in This move has not gone unnoticed by whatsoever? If everyone in this coun- the World Trade Center, pointed to those tasked with securing our Nation try, regardless of their legal status, politicians ‘‘both liberal and conserv- from the threat of terrorism at home. can obtain all of the benefits afforded ative, Republican and Democrat’’ that Asa Hutchinson, Under Secretary of to those people who are here legally, continue to push for open borders and Border and Transportation Security, then what does it mean to be a citizen loose immigration standards. recently said, ‘‘Certainly we have to re- of this country? ‘‘Though the specifics of the 9/11 at- view our policy among inspectors on The distinction is erased, and that is tacks may have been unknown to the the border and their reliance upon driv- the hope and desire of many of the peo- politicians listed above,’’ and prior to er’s licenses. If you do not have integ- ple who actually push these kinds of this he listed the Members that he was rity in the driver’s licenses that are issues. It is to eventually come to a concerned about, ‘‘and Bill Clinton and issued, the integrity of those docu- place where borders are eliminated, President Bush, they had to know that ments, the securities of those docu- where people who are here can obtain additional attacks would follow and ments, then it really undermines the all of the benefits of citizenship by that the only way to keep terrorists whole premise of allowing U.S. citizens simply being a resident. . . . out of our country was to screen to travel abroad and come back with There are cities in this Nation that the people who seek to enter,’’ Faulk- limited proof of U.S. citizenship with- provide people who are here illegally ner said. ‘‘Therefore, we say without out a passport. More than 160,000 people with the benefit of voting. College any reservation that the Members of cross the border in San Diego daily Park, Maryland, comes to mind imme- Congress, the current President, and here simply flashing a State license al- diately, not too far from here. They call themselves sanctuary cities, and his two predecessors contributed to the lows them to be waved through. It you can vote if you can prove you are murder of our family members and the promises to be a focal issue in the up- a resident of the city. The Mayor of the thousands of other victims of Sep- coming California gubernatorial recall District of Columbia not too long ago tember 11.’’ election.’’ proposed such a thing for residents of In a callous attempt to save his polit- Republican State Senator Tom the District of Columbia; and of course ical career from recall, Democrat, Cali- McClintock, a recall candidate, said Gray Davis has done exactly the same fornia Governor Gray Davis, recently the only reason for issuing state-ap- thing by giving residents of the State signed legislation allowing approxi- proved identification to illegals is ‘‘to of California a driver’s license, because mately two million illegals to obtain undermine our immigration laws.’’ ‘‘What Gray Davis has done by sign- under motor-voter, they now can vote. driver’s licenses, legislation he has So, what does it matter then when we ing this bill is put politics before the twice vetoed, as I said earlier. use the word ‘‘citizenship’’? There is a people of the State of California,’’ As- With the stroke of his pen, while bla- recent flap that has developed over the tantly pandering to the Latino vote, semblyman Tony Strickland said. fact that the Bureau of Immigration ‘‘The California legislature failed the Davis quashed his State’s border with Enforcement has come up with a new people of California. Governor Gray Mexico. Far from a single-handed act, oath of citizenship. I think they re- Davis has failed the people of Cali- he was aided and abetted by the Demo- called it because there was such a re- fornia when he signed the bill into law. crat-dominated California legislature, sponse on the part of many people. particularly by bill author, Senator Gil He said he didn’t care about California, They were re-writing the oath of citi- Cedillo. Cedillo has been pushing this but he cares about his job in Sac- zenship. legislation for years under the thin ramento. It is about a last-ditch effort But let me suggest to you that the premise that new licenses will have in- to save his career,’’ said Assemblyman concern about the actual words that creased incentive to obtain auto insur- Dennis Mountjoy. are used in that oath, that concern is ance coverage, in turn improving high- The California Republican Assembly misplaced, I think, because, of course, way safety. An ardent member of the has issued a call for the referendum to the oath will eventually mean nothing, taxpayer funded MEChA, which is a stop the new driver’s license ordinance. because citizenship, the concept of it, ‘‘racist Latino student movement de- They hope to obtain 373,816 signatures the reality of it, will mean nothing. manding annexation of all south- of registered voters within the next 90 When we talk about immigration and western States,’’ and MEChA, by the days to make the March 2004 ballot. immigration reform, many people way, is as close to a Hispanic KKK as I California Republican Assembly think that we are just talking in terms can possibly imagine and something, President Mike Spence commented, of jobs, the loss of jobs, which, of by the way, that the aspiring Governor ‘‘To lower the standard for getting a course, is a real concern. Many people in California Mr. Bustamante belongs driver’s license in this era of al Qaeda are just talking about the fear that we to. Cedillo once said, illegals have a and the era of identity theft is an at- have as a result of our Nation being right to stay because ‘‘they were here tack on every citizen of California.’’ balkanized, being divided up into all first.’’ Illegal aliens, he says, have a The California Republican Assembly kinds of sub-groups, of victimized right to stay because they were here has started a Web site to support the groups, that refuse to become part of first. Given the illegal constituency’s petition drive. the American mainstream, that do not interests, there is little doubt who they Mr. Speaker, it is, again, incredible even wish to integrate into our society. will pull the lever for in the upcoming for us today to think that this is hap- But this debate about illegal immi- elections at both the State and na- pening in California and it is happening gration is even broader than that. I be- tional level. in other States. It is incredible to lieve with all of my heart, Mr. Speaker, ‘‘I’d like to thank Governor Davis be- think about the fact that many States that massive immigration into the cause up until last week, how many now give all kinds of opportunities and country, both legal and illegal, com- people in this country knew that ille- benefits to people who are living here bined with this cult of multi- gal immigrants were getting driver’s illegally, those benefits that have here- culturalism that permeates our society licenses?’’ the Families of Survivors tofore been given only to people who and tells people that they should not member Grace Gottschalk, whose son we call citizens, or at least legal resi- immigrate into the American main- was murdered in the World Trade Cen- dents, of the United States, the benefit stream and they should keep their own ter, asked. of citizenship, like having the State language and their own political rela- taxpayers pay to subsidize your child’s tionship and political affiliation to b 2115 education, both in K–12 and higher edu- country of origin, this is a dagger ‘‘Here and there you would see some- cation. Now many States say let us do pointed at the heart of America. thing in the press occasionally, but that for illegal immigrants, the bene- It is as dangerous as al Qaeda; it is as when Governor Davis used this as a po- fits of social services, the benefits of dangerous as any terrorist out there

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.093 H16PT1 H8270 CONGRESSIONAL RECORD — HOUSE September 16, 2003 who is plotting to do something ter- gest for a moment that anyone should, Nation that is just a place of residents rible to this country. Because, Mr. if they are from Mexico, should forget and not of citizens. Speaker, I will tell you now that if we about it or not understand that they b 2130 do not know who we are as a Nation, if have that heritage. But there is some- we are divided up into all these camps, thing happening here, Mr. Speaker, Mr. Speaker, that is where we are into these groups, victimized sub- that deserves our attention, because going. That is where we are headed. groups in America, then we will have this is what I am talking about, about And most Americans know it. And they no strong desire to save our civiliza- a country being divided into all of ask their representatives in this gov- tion and our way of life, because we do these sub-groups, being balkanized. ernment to do something about it. And not know what it is, we do not know This article goes on to say that, ‘‘Co- yet I have to tell them when they ask who we are, we do not know what holds rona, the vending machine stocker, was me why we cannot and why we ignore us together, we do not know what binds watching the parade with his brother- this, I have to tell them that there is us together as a Nation. in-law Roberto Mundo, 38, and Mundo’s no political will to secure our own bor- We can all revel in and enjoy the dif- two children. To shield his eyes from ders. ferences that we have in this country, the sun, Corona shoved a piece of card- It is a shameful fact, Mr. Speaker. It the cultural distinctions that give us board over his head and was reduced to is one I wish I did not have to express such a rich texture as a Nation. We can wordless glee when passing Orange and did not have to state. But it is the enjoy it. I certainly do. But that is a County Sheriff Mike Carona gave his truth. I hope it will soon change. far cry from disassociating oneself headgear a thumbs-up. His power of f from this country and actually seeking speech returned when a dozen folks and THE DEFICIT only the economic benefits that it can women passed by on a Budweiser beer provide, while simultaneously trying float. ‘You are beautiful,’ he screamed The SPEAKER pro tempore (Mr. to connect oneself, or, I should say, re- happily in Spanish, and when they KLINE). Under the Speaker’s announced tain one’s connections to countries of threw him a poster. ‘People used to be policy of January 7, 2003, the gen- origin, which, if they were so great, if too scared of being deported to come to tleman from Virginia (Mr. SCOTT) is those countries of origin are so wonder- something as public as this,’ Mundo recognized for 60 minutes as the des- ful, one wonders why millions of people said, ‘but times have changed. Now ignee of the minority leader. have sought to leave them. people aren’t scared to show their Mr. SCOTT of Virginia. Mr. Speaker, In a recent Los Angeles Times arti- pride.’ ’’ I want to begin on something we can cle, September 15, 2 days ago, by Claire So what he is saying here is, of all agree on and that is what President Luna, she states that ‘‘painted on the course, that many, many of the people Bush said in August at an August fund- cheeks of children waiving grandly who were on the street were here ille- raiser. He said, ‘‘I ran for office to from a balcony and planted in women’s gally, but they do not care anymore solve problems, not to pass them on to hairdos, Mexican flags were on display about the fact that they are here ille- future Presidents and future genera- everywhere Sunday in Santa Ana as gally. They are not afraid, they are not tions.’’ tens of thousands of people showed concerned, because they know that this We can all agree on that, but, unfor- pride for their home country.’’ government does not have the will to tunately, the reality is that instead of Showed pride for their home country. enforce our own immigration policy. paying off the public debt by 2011, as What does that mean? What is their There is a book, Mr. Speaker, in clos- we had projected in 2001, this adminis- home country? Do they not live here? ing, that I would certainly suggest tration will leave the future genera- Do they not obtain the benefits of liv- should be mandatory reading for every tions with a debt of almost $7 trillion ing in this land? Do they not call them- American citizen. It is called as of 2011. selves Americans? Do they not think of ‘‘Mexifornia: A State of Becoming,’’ by Now, rather than get into rhetoric themselves as Americans? Victor Davis Hanson. I will just read and everything, let us just use a chart Mr. Speaker, if I asked you what is something from the cover: so we know exactly what numbers we your home country, if I asked anybody ‘‘Cutting through the lies of race- are talking about. This shows the def- in this body what is their home coun- hacks, multi-cult commissars and their icit year by year from the Johnson ad- try, if I asked any American citizen guilty white enablers, fifth generation ministration, Nixon, Ford, Carter, the out there, what is their home country, Californian Victor Davis Hanson tells deficits that were run up in the Reagan how many would answer to me some the brutal truth about Mexican immi- and Bush years, and also shows the sur- country other than the United States gration to California. Combining so- plus that was generated by the time of America? cial-science fact with the personal ex- President Clinton left office. Now, I am only a third-generation perience of living in the San Joaquin Mr. Speaker, in 1993 we passed a American. My grandparents came here Valley, immigration’s ground zero, budget without any Republican votes. from Italy. But never, ever, ever, have Hanson shows that discarding the old The Republicans, after those votes I thought of myself as anything but an paradigm of immigrant assimilation in were cast, campaigned against that American. Never have I thought of my favor of the fantasies of identity poli- budget that was passed, and picked up home country as anything but Amer- tics victimhood has seriously com- 50 seats in the House and control of the ica. promised the process of turning into Senate as a result. ‘‘The Fiesta de las Americas parade Americans the millions of hard-work- In 1995 after the 1994 election, the Re- commemorating Mexican Independence ing Mexicans who desperately want the publicans, with control of Congress, Day drew the largest crowd in its 15- freedom and prosperity underwritten passed a budget with trillions of dollars year history,’’ police said. For 2 hours, by the very values that the multi-cult in tax cuts. President Clinton vetoed spectators cheered for their home industry disparages. No one concerned that budget. They threatened to close states,’’ home states, ‘‘in Mexico, as with immigration and its impact on down the government. He vetoed the girls in traditional dress pranced America can afford to miss this tough next budget. They closed down the gov- among marching bands, government and brilliant book.’’ ernment, and he vetoed the budget dignitaries and mariachi floats. It is so And I certainly agree. ‘‘Mexifornia: A again. important that all Mexican remember State of Becoming.’’ Because he vetoed those budgets, this how their liberty was won.’’ California is a State I guess that rep- trend went up until we had a surplus of Their liberty, if they are living here, resents what we are all, every State in almost $100 billion projected for 2001. was won by people who sacrificed their the Nation, in some stage of becoming, And that is on budget. That is without lives in the fight against Great Britain. somewhat transformed. To some, even touching the Social Security or Medi- That is how their liberty was won. in this body, that is a good idea. That care surplus. ‘‘The parade helps reaffirm our pride is something to which they look for- As soon as President Bush came in, in our love of Mexico.’’ ward, a Nation that no longer under- he signed the trillion dollar tax cuts. Well, Mexico is a wonderful country. stands its roots, a Nation that is di- And, wait a minute, this has $500 bil- I do not dispute that, and I do not sug- vided, a Nation that is balkanized, a lion in deficits. This is the February

VerDate jul 14 2003 06:09 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.095 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8271 projection. This has been updated. It is this alternative minimum tax will $20,000, and you can see what you got. no longer $500 billion. The latest figure mean that they will lose the benefit of Half the people get less than $100 a is almost $700 billion in deficit that we their child tax credit and many other year out of the 2003 tax cut. will be running up. tax benefits that they enjoy now. So if Now, we were told that we needed to Now, it is important to put $700 bil- we protect them from that, that will cut taxes to create jobs. The million- lion in perspective because if you look cost even more, going right to the bot- aires got their tax cut; we ran the at the Federal budget and look on the tom line. budget into a deficit in order to create line item revenue, individual income Providing a Medicare prescription jobs. And here is the job creation math. tax, what we get from the individual drug benefit, all of those numbers, as Mr. Speaker, $374 billion in tax cuts income tax in the Federal budget, it is bad as they look, do not include the through 2003 only, and we are expected, less than $800 billion. We are running prescription drug benefit that every- if the plan works, to create 1.5 million deficits now of almost $700 billion. body is promising. It also assumes that maximum new jobs. That is the Treas- Now, when we run up deficits like we are not going to have any hurri- ury Department’s estimates. We pass this as far as the eye can see, one can canes or disasters or floods or earth- all of this stuff, give $374 billion in tax understand how we got from where we quakes in the next few years. So it is cuts, we can create 1.5 million jobs. were in 2001 to where we are now. In going to get worse before it gets better. That divides out to almost $250,000 for January 2001, we expected by 2011 to When we run up all of those deficits, we every job that they are trying to cre- have run up a surplus of $5.6 trillion, run up debt, and we have to pay inter- ate. Mr. Speaker, $250,000 they have to enough to have paid off the national est on that national debt. Here is the work with to create jobs, if it works. debt. By August of 2001, we had lost interest on the national debt that we This chart shows the jobs created by over $2 trillion of that surplus, and the have projected to pay going down to- administrations going back to the Tru- surplus was projected to be $3.4 tril- wards zero by 2011 or 2013, because man administration, and it shows that lion. Now, most of this is Social Secu- there would be no debt; it would be it did not work. This actually needs to rity and Medicare, because in August paid off. Instead, this is the interest on be updated because it says 2.5 million of 2001, we had actually spent all of the the national debt that we are projected jobs lost. It is actually closer to 3 mil- cash surplus and most of the Medicare to pay. And if we look at the difference lion now. If we go back to the Truman surplus, and were headed into Social between what we have to pay and what administration, every President is cre- Security by August of 2001, before Sep- we are going to end up paying, by 2010, ating jobs. Eisenhower lost 200,000 jobs tember 11; by January of 2002, the pro- that will be $1.6 trillion of additional in his second administration, but he jected surplus, $1.6 trillion, almost all interest on the national debt that we gained 1.9 million in his first adminis- Social Security and Medicare surplus, are going to have to spend because we tration. So every President since Tru- or what was left of it, after we have have messed up the budget. man, more jobs when they leave office dipped into it significantly. Put another way, these green bars after each administration than when By August of 2002, there is almost no represent the interest on the national they came in, except after this admin- surplus at all, that is, we have spent debt that we were going to pay going istration’s budget was adopted. the entire Social Security, the entire down towards zero. These red bars, in- Now, as we talk about 9–11, let us re- Medicare surplus for the entire 10 terest on the national debt that we are member that back to the Truman ad- years. By March of 2003, we are down to going to have to pay because we have ministration includes the Korean War, an actual deficit where we have spent messed up the budget and we have been it includes the Vietnam War, jobs are all of the Social Security, all of the running up deficits. This blue bar puts being created; hostages in Iran, jobs Medicare, and then $377 billion. By Au- it in perspective. This is the defense are being created; Somalia, the entire gust of this year, we have gotten into budget. We are going to be spending by Cold War, Kosovo, everybody is cre- so much deficit spending that the pro- 2013 almost as much money in interest ating jobs until this tax plan is adopt- jected deficit, not surplus, deficit is on the national debt as we are going to ed. over $2 trillion in that same 10-year pe- be paying for national defense. We get Now, actually, we should have riod. nothing for interest on the national known, because the Joint Committee And what is the solution? The Repub- debt. We do not get a single school on Taxation evaluated the 2003 tax cut lican agenda will run this up to $3.3 book, we do not get a rifle for the mili- and showed that if you cut those taxes, trillion unless that agenda is stopped. tary, we get nothing for interest on the now some taxes stimulate the economy Mr. Speaker, a $5.6 trillion surplus pro- national debt. And instead of zero, we better than others. Some tax cuts jected when this administration came are going to be spending almost as stimulate the economy better than in. If their policies are followed in the much on interest on the national debt others. According to their analysis, the next couple of months, $3.3 trillion in as we do for national defense. taxes cut in 2003 would show a short- deficit, an almost $9 trillion difference. Now, to show how the interest on the term spike in jobs; but depending on That $9 trillion, remember, less than national debt is affected, right now, if which economic model we use, at best, $800 billion a year comes in under indi- we take the entire interest on the na- we are going to end up right back vidual income tax; $9 trillion is $900 tional debt, divide it by the population where we started. billion a year on average that we have and multiply by 4, we will see that the deteriorated in our budget situation. family of four’s proportional share of b 2145 Now, as bad as that is, it is actually interest on the national debt is now You will probably end up with fewer going to get worse, because those pro- about $4,400. As the interest on the na- jobs than you started off with. This jections do not include some things tional debt goes up, by 2013, almost analysis was presented by the Joint that we expect to happen, like the tax $8,500, a family of four’s proportional Committee on Taxation. It has a Re- cuts have been sunsetted; the President share of interest on the national debt. publican majority. And so we knew is expecting us to remove the sunset so Now, how did we get there? We got when we voted for the 2003 and 2001 tax that those tax cuts can continue. Pro- there with tax cuts. And who got the cuts that we were killing jobs. tecting the middle-class families from tax cuts? This is divided up by Now, when you have all of these defi- the alternative minimum tax, that is quintiles, the bottom 20 percent and cits and you look at this chart, and the the tax where if you have tax pref- what they got out of the tax cuts. The deficits that are going by, the deficits erence, tax cuts for the upper, very next 20 percent, the middle 20 percent, are the worst that we have had in high income, high income, about a cou- what they got. The share of the fourth American history. Now, there is one ple of percent, about 3 percent of the percentile, the top 20 percent, this is thing that the Social Security crisis is public pays the alternative minimum what they got. Half of the tax cuts in front of us, and we need to make tax. That is, you cannot reduce your went to the upper 1 percent. sure that we have money for the baby tax that you need to pay but by so To put it another way, if you are a boomers when they retire for Social much before you have to pay an alter- millionaire, you got about $89,000 out Security. native minimum tax. The effect of not of the 2003 tax cut. If you made $500,000 Mr. Speaker, I yield to the gentleman protecting middle-class families from to $1 million, you get a little less than from Texas (Mr. STENHOLM), who has

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.097 H16PT1 H8272 CONGRESSIONAL RECORD — HOUSE September 16, 2003 been a stalwart on fighting for fiscal The gentleman’s chart shows the if we would have just done it, and we sanity. debt tax that is going up as the inter- did for a couple of years, but we need Mr. STENHOLM. Mr. Speaker, I est rates continue to spiral. We cannot to be doing it today because those are thank the gentleman from Virginia cut the interest. So if you take defense obligated funds, those are obligated to (Mr. SCOTT) for yielding to me. I thank and interest off-budget or off-cut it, we the retirees beginning in 2011, our mili- him for a very excellent presentation can cut 100 percent of the other 11 ap- tary retirees, our civil service retirees, of the facts. propriations bills, 100 percent, not this is money that is obligated that we I know as often we have stood in this waste, fraud and abuse, not 1 percent are again spending on current oper- floor that I will get calls from some here, cut it all out, zero for the rest of ating expenses. And it was a valid criti- that have been watching and they will the government, and we would still run cism and it is still an accurate state- have various different opinions of what $160 billion deficit next year. ment when our friends on the other has been said and what the facts are, Now, that is the truth. That is how side of the aisle will stand up and say, but let us relate it to what we are fac- deeply we have dug the ditch for the well, you Democrats did it for 40 years. ing tonight, at least many of our fellow American economy. Now, if it were Well, that may be true but that is not citizens somewhere in the North Caro- working, as the gentleman shows the a reason for us to continue to do it, be- lina area as Hurricane Isabel bears jobs charts, we have lost 2.7 million cause 2011 is a lot closer today than it down on the United States, and we still jobs. Nothing is working according to was 40 years ago, and that is the prob- hope and pray that something will plan, and yet we have those who abso- lem we face. cause it to veer back out into the lutely refuse to even consider changing Mr. SCOTT of Virginia. Mr. Speaker, ocean. But in the meantime folks are the plan. In fact, they will stand on I would want to point out as chal- preparing because they know the dev- this floor and argue over the next sev- lenging as this chart looks, we are run- astation that can occur when a hurri- eral weeks, as they have for the last ning up a little surplus, but we will cane hits. several weeks, that we just got to do shortly be into great deficit. And to In my opinion, we have the makings more of it. put some of these other numbers into of the perfect storm in this country The makings of the perfect storm. perspective, as we indicated, in 2001 we today, 500, now $600 billion deficit as Anybody that ignores the power of a far as the eye can see and we are ignor- passed a tax cut that the top 1 percent hurricane, anybody that ignores the ing it, $500 billion trade deficit as far as got half of the value of that tax cut. In- power of the perfect storm of $500 bil- the eye can see and going up and we stead of giving the top 1 percent a tax lion deficit, this next year I will pre- are ignoring it. cut, if we had directed that income The baby boomers are set to begin re- dict based on the administration’s own flow into the Social Security Trust tiring in 2011, and everyone admits numbers, the deficit for this country Fund, just what the top 1 percent got, that that will put one of the biggest will be closer to $1 trillion than it will not what everybody else got, we would strains on the economy of the United $500 billion, and nobody cares. Nobody have had enough money to pay Social States in our history. The gentleman’s cares that is in charge. It is just more Security benefits without reducing chart shows it today and no one argues of the same. benefits at all for 75 years, or the top 1 with that, no one. From the AARP up I am worried about that. I wish some percent can get a tax cut. and down all admit we have got a prob- others would get worried about that. I Guess what the majority in Congress lem. And what have we done about that thank the gentleman for taking the voted for? They voted to leave this problem? Zero. Talk about it. But time tonight. I appreciate the oppor- problem for another day and voted for nothing. The makings of the perfect tunity to share in it. And I hope that a tax cut for the upper 1 percent. Those storm. And every time I make this this chart that the gentleman has right are the kinds of decisions that are speech somebody will say, and I have behind him tonight, I hope people will being made and the kind of decisions heard this said, people will stand up take a look at that because we can talk that have to be changed. and say if only Congress would control about the fiscal deficit, we can talk Mr. Speaker, that is why I am de- spending. about the trade deficit, and they are all lighted to recognize our friend from Well, the first thing I like to do is re- real. This one is too. And our grand- Hawaii who has been a stalwart new mind the American people that my children will not hold us in very high Member coming in fighting for budget friends on the other side of the aisle stead because this Congress and this sanity, the gentleman from Hawaii have been in charge for the last 8 administration have refused to address (Mr. CASE). years. I make no bones about it. I op- the very real problem that is facing us. Mr. CASE. Mr. Speaker, I thank my posed this administration’s economic Instead, we keep on with some of the colleague for giving me some time to game plan when they put it in place in economic bunk that I saw in the Wash- talk tonight. 2001. I stood on the floor, I stood with ington Post by the fellow that is run- Mr. Speaker, I have been privileged the gentleman from Virginia (Mr. ning, running the economic policy for to serve in this great House for about SCOTT) standing, looked at my friends this country, Mr. Grover Norquist, the 10 months now and I am thankful that on the other side and say, I hope you expert, it is his plan and he wants more as each day passes that is one day more are right. I hope I am wrong. But I do of it. of experience that I have under my belt not believe it has a chance of working. Mr. Speaker, I thank the gentleman to serve my constituents and to listen And in 2002 we said the same thing. In for yielding to me. to people that have been through this 2003 we say the same thing. But have Mr. SCOTT of Virginia. Mr. Speaker, for so many years such as the gen- we had a change in the economic direc- I thank the gentleman from Texas (Mr. tleman from Texas (Mr. STENHOLM), tion for this country? No. The hole gets STENHOLM). This is the chart he was re- the gentleman from Virginia (Mr. deeper and what do we do? We take an- ferring to. We are enjoying surpluses in SCOTT) and so many others. other shovel and start digging. That Social Security and Medicare, $165 bil- But I have to state that the more makes no sense. lion projected next year in surpluses. time that goes by in terms of my serv- Let me put it in proper perspective. But by 2017, 2018, that surplus is going ice in Congress, the more I live in fear Those who say if only we would control to end. The baby boomers are going to that in each one of those days I am spending, let me give another fact, if retire, and instead of enjoying a big fat taken a little bit farther away from we take defense, military construction surplus, in a few years, just a couple of what the person in my district thinks. off-budget, which we are, exempt from decades, we will have $300 billion def- When people sit around their kitchen cuts, because we cannot cut in those icit in the Social Security Trust Fund. table at night, not when they sit here areas when we are at war on three We will be having to pay out $300 bil- in this Chamber among all of us in this fronts, and we will not cut, and we lion more than we are bringing in. closed atmosphere, but when they are should not cut. We have got young men Mr. STENHOLM. Mr. Speaker, re- back in my district of Hawaii, when and women’s lives at stake tonight member in the last couple of years how they are back in Honoka’a and Ele’ele and, therefore, we do not wish to jeop- many times we have stood on this floor and Kahului, and when they look over ardize them further. Interest on the na- and voted to put those numbers in a those 5,000 miles of what is happening tional debt, we cannot cut that. lock box, and that was laughed at. But here in Washington, D.C. what do they

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.099 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8273 think? And I live in fear that I am fall- erate the economy under some degree now. Some people here just want to get ing out of touch with them the more if targeted, but across-the-board deep through one next year, and they do not time that I spend here. And that is tax cuts that deny us the basic ability care what happens down the road, and really how I feel right now as I listen to fund the core functions of govern- that is wrong. to this debate. Because I came into this ment upon which an economy is based, We are all responsible. We can sit Congress 10 months ago thinking, per- do not help economies. here and talk about partisan politics. haps naively, that there were certain I have heard the economy is picking We can talk about Republicans versus truths that our Federal Government up. I have heard in a couple of days we Dems. We can talk about executive played by, certain truths about how we are all going to be told good news, the versus legislative branch. We can talk handle the people’s money, not just economy is picking up. Guess what? about the States, the local counties, today but down the road. I thought we That is already in these figures. We and by the way, I think that is a useful cared about decisions that had an im- have already assumed 3 percent exercise because I have heard some pact, not just now, but down the road. growth, and by the way, what economy State Governors and some local execu- I thought that despite great debate in would not pick up if you gave it a ster- tives who want to defend these policies this Chamber, we actually did care oid infusion of hundreds of millions of say, hey, this will help, and by the way, about being good stewards of the peo- dollars in government spending on war they turn around the next day and ple’s money. I thought we were all in and domestically and in tax cuts? The criticize the fact that we do not have this together, all of us, all of America, question is not what is going to happen enough Federal moneys. They are at a all trying to do the right thing. to the economy next week, the ques- loss to figure out how they are going to It did not occur to me that we were tion is what is going to happen to the balance their State budget, and they here just to do the bidding of some. economy down the road when we most say, well, everything is okay and then And now as I have listened to my col- need it to balance the books on this they turn around and say on the other leagues talk about taxes and the Fed- terrible deficit? hand, it is not okay, we need your help. eral budget and the deficit for these 10 I have heard we have to reduce gov- We cannot have it both ways, and I months, colleagues on all sides of the ernment. Of course, we have to reduce am telling people out there, this prob- aisle, people in the administration, government, but by the way, this budg- lem is all of ours. We cannot do this great thinkers, I see indisputable evi- et assumes a certain restriction on alone. We have sat here on this floor dence that what was once on the way government. We are already putting it saying all of this for months now, and to being a surplus is now a deficit this in, and to reduce government to the de- the Representative from Texas asked year in excess of $500 billion, including gree that would be necessary to bal- who is listening. I think people are lis- the Social Security surplus. We applied ance the budget, under this scenario, tening, but it is going to take more that $200 billion already. would mean essentially wiping out all than listening. It is going to take the Now, I see public debt climbing Federal spending other than military, people of this country saying this is through the roof, 3.6 and rising. And as defense-related, and I have heard the wrong. It is going to take the people of I come to the very slow realization deficits do not matter. They are here this country saying, yes, we know, we that there is no way whatsoever under to stay, let us just get used to them. cannot have it all. this approach that we will be able to Does anybody really believe that? Peo- I wish our President would say one meet those obligations to Social Secu- ple sitting around that kitchen table thing to me: We need another $87 bil- rity and Medicare when my generation sure do not believe it, and I do not be- lion to get ourselves through the next needs it, I have to ask myself what is lieve it. couple of months in Iraq. We are in a going on here? What is really going on? So what is going on here? Why are we pickle. We have got to get out of that How do I explain this? How do I go doing what we are doing? I am forced pickle. I need your help but we all have back into Hawaii and say to them this to conclude what I do not want to. This to kick in. We cannot afford this next is what is going on. is not subject to explanation anywhere round of tax cuts. We have got to be I can take disagreement, I can take in the realm of reasoned thought. able to provide for our foreign policy policy disagreements as long as I know There is no reasonable explanation for right now. We cannot have it both and understand it. I can go back and this policy, and we have got to cross a ways. say, well, there is a dispute between us bridge. There is no reasoned expla- I would believe him and I would sup- in Congress and they think this and we nation. We expect Congress to be rea- port him, but I cannot buy the current think that and this is why. And I can soned. This is not reasonable. This is approach of this administration, de- certainly go back and say this is the haphazard. This is reckless. This is not signed only to get through another 15 issue. We all agree and this is why. But about fiscal responsibility. It is not short months, through one more elec- this is the worst situation of all, not about economic theory, and it is not tion. That is wrong. People need to understanding why something is being about taking care of the next genera- wake up and start speaking out against pursued. tion. This is about helping part of our it. A few months after we passed hun- country now and the heck with the rest I thank the gentleman for yielding dreds of millions of dollars of tax cuts, of us and the heck with the future. and appreciate his time. we get an obviously underestimated It reminds me, just in conclusion, Mr. SCOTT of Virginia. Mr. Speaker, second bill for Iraq and Afghanistan, somehow I was thinking about this I would like to ask a question since the and there is no adjustment necessary steroids thing, and I was remembering gentleman brought up the issue of the from the administration’s perspective, that back in the 1960s, when the Olym- $87 billion for Iraq. I remember back in $87 billion on top of $60 billion just a pic movement suffered from an incred- the Persian Gulf War where the total few months ago. But we do not have to ible abuse of substances and people cost of the war was about $60 billion, adjust our policy on tax cuts. In fact, would inject themselves with all kinds but because we had international co- we want to add more. of stuff, and they knew at the time operation, we only had to spend less The same week we get the bill I read, that by injecting themselves with than $10 billion, $7.4 billion out of that. I hear that all of the sudden we have these steroids and other substances We have already had one supple- worked out another deal. This time we they knew two things. They knew, mental already that was supposed to are going to cut corporate taxes for number one, it would enhance their cover the cost of the war. Now, we are corporations that do their work over- performance for the next 1 or 2 years, coming back with $87 billion. If we had seas, overseas corporations. What is and they knew that down the road it had the international cooperation, in- going on here? would harm them and they would die stead of 87 would we not be talking early from these steroids, and some did closer to 10, and that is a direct result b 2200 it and some did not, and why did those of this foreign policy? I have been wracking my brain for people that do it do it? Because they Mr. CASE. There is no question the possibilities. I have heard that wanted the gold medal next year, and about it. Certainly, when we did these these tax cuts will regenerate the econ- they did not care and that is how I feel. budget assumptions just some short omy, and I think tax cuts can regen- That is what I think we are doing right months ago, when the administration

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.100 H16PT1 H8274 CONGRESSIONAL RECORD — HOUSE September 16, 2003 said that the cost would be $60 billion, talked about friends and family mem- fective measures such as the kind of maybe a little bit more, the assump- bers and neighbors who are nearing extension of unemployment benefits tion was international cooperation. desperation as they seek for work in that we have typically done in situa- The assumption was contribution, mili- this economy. tions like this. This gives us $1.76 for tary assistance, international mone- They ask why are we not doing more every dollar we spend in terms of eco- tary policy, all of those aspects. Those to turn this economy around? Is that nomic stimulus, and yet he turns his assumptions were shaky. Those as- not why we count on government to back on that. He champions these sumptions are part of this $87 billion have a sound fiscal policy and to inter- upper-bracket tax cuts. Yet all the today and the $87 billion is too low, and vene when the economy needs a boost? analyses show that is one of the poor- the $87 billion is not in these figures I said to my constituents, I don’t est ways to stimulate the economy. So that we are talking about. We are as- have a single, simple answer to the we have the worst of both worlds. suming more for the $87 billion. We are economy’s challenges, but I do know Mr. SCOTT of Virginia. Mr. Speaker, not even factoring in what might come that this economy is in trouble, and I by that the gentleman means for every in the future. This is all part of one also know that we could be and should dollar in lost revenue, what effect does ball of wax. be doing a great deal more than we are that have on the GDP, and whether or When you run a family budget, you doing to get this economy turned not you actually stimulated the econ- do not take the lowest estimate. When around. omy, and what did you say for, if you I project my expenses in my family, Mr. SCOTT of Virginia. I would ask extend unemployment compensation, yeah, there is a temptation, sure, there the gentleman if he noticed that there for those that lost their jobs, as we is a tremendous temptation to take the is a problem, is the gentleman con- usually do in a recession, end of 26 lowest possible estimate. We all know cerned that this administration does weeks, we extend it another 13 weeks that that is not responsible. You take a not even recognize that there is a prob- just routinely, how much of a stimulus responsible estimate, you add your- lem? is that to the economy? selves a little safety factor, and then Mr. PRICE of North Carolina. Mr. Mr. PRICE of North Carolina. The you go on into the future feeling that Speaker, I am quite concerned that the figure I recall is about $1.76. That is be- you have at least covered reasonable administration does not recognize the cause people who are in those straits exigencies. problem, but when we look at the ad- are trying to support their families and We are not doing that in this budget. ministration’s record, we would think tide themselves over until they can get We are not doing it, and yet we are the economy would be agenda item work. So they are going to turn around still in trouble. That is the dilemma number one with them as well. and spend that money immediately. here. We cannot have it both ways. We The private sector has shed 3.3 mil- Mr. SCOTT of Virginia. For every all know it. We just have to wake up to lion jobs since January 2001 when dollar in lost revenue, you stimulate it. President Bush took office. That is the the economy about a dollar seventy? Mr. SCOTT of Virginia. Mr. Speaker, worst record for any President since Mr. PRICE of North Carolina. That is I thank the gentleman for fighting for the Great Depression. Our long-term right. fiscal sanity. unemployment has almost tripled in Mr. SCOTT of Virginia. Mr. Speaker, At this point, I would yield to the this country. Real GDP growth, the what did you say about stimulating the gentleman from North Carolina (Mr. growth of the economy has averaged 1.6 economy by reducing the tax on divi- PRICE) who has been a stalwart, help- percent. That is the worst performance dends? ing other Members every Wednesday since World War II. Real business in- Mr. PRICE of North Carolina. Eleven morning, helps us with the seminar on vestment has fallen 10 percent since cents. Eleven cents. That is the stim- budgeting and other important issues. the President was inaugurated. That is ulus you get for every dollar of lost The gentleman from North Carolina the worst economic record for any revenue. has been working diligently on fiscal President since World War II. Our trade So there must be some other reason, sanity, helping us to learn about the gap has increased to almost $100 bil- do you not think, for that tax cut on budget, bringing in speakers from the lion. Do we need anymore indications dividends and for those tax cuts on the outside and I am delight to yield to the that this economy is in trouble? wealthiest people in this country. For gentleman from North Carolina (Mr. We are also running record deficits. people making over $1 million, tax cuts PRICE). The gentleman from Virginia and oth- that average about $88,000 a year, and Mr. PRICE of North Carolina. Mr. ers tonight have talked in alarming yet that money is largely not going to Speaker, I want to thank our colleague terms, properly alarming terms, about be used as an economic stimulus. from Virginia for taking out this spe- the fiscal reversal we have suffered Mr. SCOTT of Virginia. When you cial order and for focusing attention with a $5.6 trillion surplus in view fund the tax cuts with borrowed again this evening, as he has so often when the President took office, now money, you have to pay interest on the in the past, on our country’s economy going way over $2 trillion in further national debt which is a drag to the and our fiscal meltdown which so debt. That is an almost $9 trillion re- economy. threatens that economy in the future. versal now, the largest in our country’s Mr. PRICE of North Carolina. Abso- I also want to commend the gen- history. lutely. That is money down a rat hole tleman from Hawaii, who talked very We might ask ourself is there any as the gentleman very convincingly, persuasively about the need to wake up justification for the kind of deficits maybe did not use quite those elegant and to speak out and to confront the that we are running, and I think the terms, but that is what the gentleman situation that we face. answer is no, but we could at least take said earlier. That is money anybody in I am sure that I am not alone in the some comfort if we thought that we this body could think of better public experience I had during the August were getting some economic stimulus and private uses for than simply inter- work period in the town meetings I for all that deficit spending and for est on the national debt. held in my District, and these meetings those huge deficits and the mounting So the economy is in sad shape, and were held in some blue collar areas. debt, and yet who can say that this we are getting the worst of both They were held in some upscale, very medicine is working. In fact, the evi- worlds. We are not getting an economic affluent suburbs. They were held all dence is pretty clear that it is not stimulus that is anything like what we over the 4th District of North Carolina, working. should be getting, and yet we are over and I was struck at every one of those In fact, the President has picked the cliff fiscally. We are undergoing a meetings, it was the economy that was some of the measures that are least fiscal reversal that will take us and our the number one item on people’s likely to stimulate the economy, such children decades to grow out of. minds, and so many of those people as the tax cut on dividends, for exam- The unemployment numbers are were unemployed, and they often had ple. That produces a grand total of 11 graphically demonstrated here. The un- very good training but they talked cents for every dollar in lost revenue in employment rate now from a very, about having 100 or 200 people applying terms of economic stimulus, and he has very low figure in early 2001, now up in for every job they went after, and they turned his back on some of the most ef- the range of 6 percent, hovering here

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.103 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8275 for months now, and there are a few new interest on the national debt for can do what their parents have done scattered economic indicators that are years to come. and build a better future for their chil- looking somewhat better, but the term Mr. EMANUEL. And the irony is as dren. ‘‘jobless recovery’’ has entered the lexi- these deficits mount, tuition costs are So the deficit, although sometimes con because there certainly are not rising 11 to 15 percent annually, and we want to ridicule it and people call it many jobs being produced. the ability of college assistance like an abstract thing, people understand What I heard at my district at every the Pell grants, which once represented the consequences of the deficit as they meeting I had in August was that this two-thirds of college cost, today rep- try to do what they try to do for their is not just an abstract economist esti- resents less than a third with no abil- own family and children. They cannot mate. This is something that is affect- ity to increase that. Health care infla- afford their health care and college ing the real lives of real people. They tion is running at an average of 15 to 25 education; and they are scared out of are nearing desperation, and this actu- percent, and there are no resources to their wits when they come to retire, ally underestimates the problem be- deal with the two most important fac- neither Social Security nor the plan cause there are many, many people tors driving health care costs up, that they thought they had through their who have good training, good experi- is, we now have a record uninsured of employer will be there. I think people ence, and yet they are taking lower- 45 million, and we have prescription understand that the deficit is in fact end jobs now that really cut their drug costs running 15 to 70 percent in- damaging the ability of both their gov- standard of living. So it is a tremen- creases. Those are contributing factors ernment today and their own plans for dous challenge for our country, and one to the increase in health care inflation. tomorrow to be met. that I believe this administration bare- Those two factors in my view are cre- Mr. PRICE of North Carolina. And ly senses. ating tremendous pressure on the mid- people certainly understand when the dle class of this country. We do not claim is made that the deficit spending b 2215 have the resources or the means nor a is for economic recovery. They are very Mr. HOLT. Mr. Speaker, as the gen- plan to deal with them. The deficit will quick to see the hollowness of that tleman points out, economists are try- tie our hands and tie the Nation’s abil- promise because it clearly is not having to pull this apart to understand ity to address the very things that are ing that effect. In fact, it is deepening how this perfect storm occurred. This squeezing on the middle class family’s our problems. It has an impact on long- will be the subject of economic studies budget. term interest rates. for years to come, but one thing that is Mr. HOLT. Mr. Speaker, the deficit Mr. EMANUEL. Mr. Speaker, in 21⁄2 already apparent and will be apparent ties our hands not in some theoretical years, we have added $2.5 trillion to the is this is not something that just hap- way. This is very real money borrowed, Nation’s debt and 2.5 million Ameri- pened to America; this was something mostly borrowed from other countries, cans have lost their jobs. As Ronald that was created. It was created by the from other governments and individ- Reagan used to say, facts are a stub- budget resolutions of 2001 and 2002 and uals overseas. born thing, quoting former President 2003 and the appropriations and the tax I was talking with someone from my John Adams. In the short order of 21⁄2 bills that fulfilled those budget resolu- district who was proudly telling me years, 2.5 million Americans have lost tions. about how much money he is saving for their jobs, 45 million Americans are Mr. PRICE of North Carolina. The his children’s college education. But without health insurance. $1 trillion gentleman is absolutely correct. We what he was not thinking about was worth of corporate assets have been have had an economic downturn that how quickly his share of the national foreclosed on, and 2 million Americans was more severe than expected, and 9– debt was growing. In fact, it turns out have come out of the middle class to 11 and homeland security expenses and it is growing faster than what he is poverty, and we have added $2.5 trillion expenses associated with the war on saving for his children’s college edu- to the Nation’s deficit. A record like terrorism. Those demands needed to be cation. So in a very real sense, these that is starting to give mismanage- met, and they will continue to be met. self-inflicted wounds, as you described ment a bad name. But the large tax cuts aimed mainly at the budget policies of the past 3 years, Mr. HOLT. Mr. Speaker, a newspaper the upper-bracket taxpayers, I think are taking this family’s college savings article put this in perspective for me. that counts as self-inflicted damage. It away from them. The writer pointed out when the Presi- was justified 2 years ago because we Mr. EMANUEL. Mr. Speaker, to add dent went before the American public a had surplus money, supposedly, and to that point, we have 45 million unin- week ago to say that he would be ask- now it is being repackaged as a stim- sured folks in this country with no ing for $87 billion this year to pay for ulus even though it has very little health insurance. The bulk of them rebuilding Iraq and Afghanistan, and stimulative effect. It mocks the idea of work. We have a pension crisis and re- that would require some sacrifice, the self-sacrifice, and that is the center- tirement plan crisis where there are writer pointed out that those who are piece of this President’s economic pol- $330 billion in arrears in private retire- being asked to make the sacrifice did icy. ment plans. We have college education not hear the President because they Mr. EMANUEL. Mr. Speaker, I think where families face a choice, take a had already been put to bed by their the deficit has now become the center- second mortgage on their home, or the parents. It is those children who will piece of his economic policy. child is guaranteed to graduate $30,000 bear that burden, who will be asked to If we look at the administration’s to $40,000 in the hole because they bor- make that sacrifice and not just for re- projection over the next 6 and 7 years, rowed to go to college. And then we building Iraq and Afghanistan; it is for on the deficit going out to the year have the Nation’s deficit on top of that this multi-trillion tax cut to one seg- 2011, they actually borrow money every which ties our hands and our ability to ment of our society. year consistently regardless of how big meet the needs of middle class fami- Mr. EMANUEL. It is interesting that or how small the deficit will be from lies, whether their parents are retiring, the President’s request for rebuilding the Social Security surplus. Every year health care needs to their own families Iraq has a $2 billion request for Iraq’s that is done. To mask the size of the and children, as well as the education electric grid, and it was America with deficit, they must borrow from the So- of their children. the blackout. In our energy bill, we say cial Security trust fund. I believe that the deficit if we look at we do not have the money to invest in Mr. SCOTT of Virginia. They borrow how it grows over a period of time is our own electric grid. the Social Security surplus and the actually a ticking time bomb under- Mr. PRICE of North Carolina. Mr. Medicare surplus. And depending on neath Social Security and Medicare. In Speaker, this did not have to be. There which projections are used, they are the immediate time, we are not able to are historical examples of other kinds spending substantially more money afford the basic services and needs that of leadership. This chart indicates than that every year, creating huge our government provides in helping where we have been with the deficit deficits and a $9 trillion turnaround, families meet the dreams that they and for a brief couple of years the sur- paying off the entire national deficit, have for their children, providing plus in this country as a result of some to massive deficits and new debt and health care and education so they too courageous decisions that were taken

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.104 H16PT1 H8276 CONGRESSIONAL RECORD — HOUSE September 16, 2003 in this body and by the first President ther into debt have the leadership say and reconstruction activities in Iraq. Bush who displayed leadership quali- and now we need tax cuts more than That number is larger than rumored a ties which unfortunately seem to be ever. I thank the gentleman from Vir- couple of weeks ago, caught most Mem- missing at the White House right now. ginia (Mr. SCOTT) for this very useful bers of Congress by surprise, although There was a budget agreement in 1990 discussion. we knew a big request was coming cer- concluded on bipartisan terms, and Mr. SCOTT of Virginia. Mr. Speaker, tainly, on top of the $79 billion re- then a budget passed entirely with I want to end with this chart that requested and approved last April for fis- Democratic votes in 1993; the economy minds people of the hole that we have cal year 2003. Many of us feel that we responded positively to that discipline dug ourselves into. And when people need more information from the ad- and it thrived in the 1990s, and we got ask what is the Democratic plan, I just ministration at this point before deal- out of deficit spending and ran $400 bil- point to the green because that was ing with this supplemental request for lion in surpluses and paid off a chunk done without any Republican assist- $87 billion for activities in Iraq. No one of that national debt. Just think what ance, and here we are right now. As we in this Congress wants to do anything would be the case if we could have con- look at how dire this situation is, we that hurts the troops in the field. Of all tinued on that path. have to look forward to the Social Se- the things going on regarding Iraq, the Mr. SCOTT of Virginia. Mr. Speaker, curity situation where we will not diplomacy, the reconstruction, the the projection was by 2011 and 2013, we enjoy a nice surplus year after year. comments about weapons of mass de- would have paid off the entire national We are going to have a challenge of struction, the comments about our al- debt and had no interest on the na- deficits in the Social Security plan lies, the activities of the Ambassador, tional debt to pay year after year. that we could have covered with just Mr. Bremer, of all the things happening Mr. HOLT. I seem to recall standing what the 1 percent got in the 2001, not in Iraq, the only truly good thing is the here on the floor with the gentleman the 2003, not what everybody got, but behavior of the troops. Our young men from Virginia (Mr. SCOTT) and the gen- the top 1 percent got in 2001 would have and women in uniform have performed tleman from North Carolina (Mr. been more than enough to cover all of brilliantly during the period of time PRICE) 3 years ago saying that the ma- this deficit. But we have a challenge when active warfare was under way and jority should not be so quick to spend with Social Security, and we are going during the period of time after victory this surplus. They began salivating at in the wrong direction. I thank all was declared by the President but the the sight of this projected surplus. I re- Members that participated tonight be- guerrilla war has continued and over call my friends here saying number cause we have to remind people how 100 Americans have been attacked and one, it is projected; number two, things bad a situation it is. assassinated by those guerrilla warfare happen. We should not spend it all tactics in Iraq, the men and women of down. We should not give it all back in b 2230 the Armed Services have really per- tax cuts; there might be some unfore- We can change directions as we did in formed brilliantly and have done all seen events. Well, indeed there were. It 1993 and go back to fiscal sanity, go Americans proud. So the issue is not happened on September 11; it happened back and do a surplus, pay off the na- whether we support the troops in the with a stock market bubble popping. tional debt, or we can continue in the field. We all do. Of course we do. And We were caught unprepared because direction we are going now. We will we also want to make sure that we live the budget allowed absolutely no lee- make those decisions in the upcoming up to our commitments, that we see way. It was built on the most opti- weeks. I thank the gentlemen for par- this challenge through. Some of us who mistic of circumstances and pre- ticipating. engage in Iraq Watch, such as myself, dictions, as well as, I would say, the f voted in favor of the military author- greediest of ingredients. ity sought by the President last fall. IRAQ WATCH Mr. PRICE of North Carolina. Just to Some of us voted no. But all of us un- add to the gentleman’s thought, we got The SPEAKER pro tempore (Mr. derstand, now that the military activ- off of a disciplined path toward debt re- KLINE). Under the Speaker’s announced ity has occurred, we have an obligation duction. Whatever else we did in the policy of January 7, 2003, the gen- to see this process through. We cannot way of new investments or tax cuts, we tleman from Pennsylvania (Mr. cut and run. We cannot leave Iraq with certainly should have reserved a cer- HOEFFEL) is recognized for 60 minutes. no functioning government. We cannot tain amount of that anticipated rev- Mr. HOEFFEL. Mr. Speaker, I rise leave a vacuum, a power vacuum that enue to protect Social Security in the tonight to start another of the Iraq would allow the bandits and the bad future and to protect ourselves against Watches that we have been conducting guys to resume power using the weap- exactly the kind of eventuality we are for the past 2 months or so. The first ons that they have and once again sub- now facing. night of each week that we are in ses- jugate innocent Iraqi civilians. But in I thank the gentleman from Virginia sion, a group of us come to the floor to the face of this very large request for (Mr. SCOTT) for a helpful discussion. As talk about Iraq, to talk about the for- $87 billion, about two-thirds of which we face this $87 billion supplemental tunes of our fighting forces and our re- would go to our military operations appropriations request, of course, we lief workers who are toiling in that and about one-third of which would go will do the right thing by our troops in country. We talk about the problems to reconstruction costs, many of us in Iraq and Afghanistan and meet our that we see, we suggest changes in our Congress feel that we need more infor- international obligations, but we will national policy, we ask questions of mation from the administration. and we should ask some tough ques- the administration and seek answers, I would put into three categories the tions of this administration for an ac- both for the Congress and for the questions that we have and the infor- counting of where we have been thus American people. I have been joined mation we are seeking: The first is far and where we are going, and above each week, and I will be as well to- simply more information on the cost of all, how we are going to pay for this night, by the gentleman from Massa- our activities, the length of time that and how this fits in with the overall chusetts (Mr. DELAHUNT), the gen- the military operations would be ex- fiscal health of the country we love. tleman from Hawaii (Mr. ABERCROMBIE) pected to continue, the length of time Mr. HOLT. The gentleman from Ha- and the gentleman from Illinois (Mr. that the reconstruction would last, ac- waii (Mr. CASE) said it very well, it EMANUEL). We have often been joined curate information regarding the would be easier for us to deal with this by other Members. We would welcome whereabouts of the weapons of mass de- with the $87 billion, with all of the eco- all Members of the House to partici- struction, the casualty lists of Amer- nomic problems facing us, if the leader- pate tonight or in future Iraq Watches. ican soldiers wounded and otherwise ship here and the leadership down the Democrats and Republicans are wel- incapacitated in Iraq. We need more avenue would level with the American come to participate during this hour of good information about what is hap- people about how this happened. I discussion. pening over there, and we need the full think that is what the American people Mr. Speaker, recently the President truth about the problems and the bad ask, is that their leaders level with has sought $87 billion for fiscal year information that is happening there. them and not just go on as we go fur- 2004 to pay for our military operation The administration has not been as

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.106 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8277 forthcoming as most of us would like it President when he was running for of- can leave? We have to know where we to be over the past 6 months. And now fice but a concept that he now em- are going in order to get started. At that an $87 billion request has been braces, although not by name, as he is least I would recommend that. It seems made for the upcoming fiscal year, this urging that America, virtually alone, like an awful lot of what has happened is the time surely for President Bush undertake nation-building in Iraq. in Iraq got started without knowing to come clean with Congress, to level Most of us would like to see this proc- where we are going and we should not with the American people, to provide ess internationalized. We need to see a allow that to continue any further. answers to these questions, to provide plan from the President to figure out Keep in mind, this war was waged at a as much information as possible re- how to do it, how long it will take and time of our choosing and it would seem garding not only the current activity how much it will cost. to me that the American military and in Iraq but what he foresees coming The second part of the plan we need the administration would have done a down the pike in terms of cost, time- is to determine how to get Iraqis back better job with the planning for both table, manpower needed, resources in charge of Iraq. It will not be easy to the war and the postwar activities. One needed, what the prospects are for do that. Iraq does not have a tradition thing Congress has not done well re- being joined by allies and friends. We of self-government. It does not have a garding Iraq in the last year is require need more information. tradition of democracy. I believe that that information to be divulged and Secondly, related to that but I think all people in the world are capable of the plans to be articulated and the exit a second category, we need a specific self-government. I think all Members strategy to be set forth. The one great plan for what will be happening in Iraq, of the Congress believe that, but those power Congress has, the one great con- really in two parts. One for the inter- that do not have a tradition of it, those stitutional power is the power of the nationalization, if you will, of the ac- that have dealt with powerful elites in purse. We control the pursestrings. We tivity there and the second half of the their country that have abused average determine how much money is spent. plan would be how to get Iraqis back in citizens, recognize that they need as- That power ultimately, slowly but ulti- charge of Iraq. In order to internation- sistance. They need assistance building mately brought the Vietnam War to a alize the operations, we need to turn to the institutions of liberty and democ- close a generation ago. We must exer- our traditional friends and allies, to racy, institutions like a free press, in- cise that power of the purse now, re- international organizations such as the stitutions like a free and corruption- sponsibly, in a way that is true to United Nations, perhaps NATO, to seek free court system, institutions such as American ideals, that keeps our com- their support, to seek their manpower, a civil society, documents like a Con- mitments to the people of Iraq but to seek their dollars and their restitution, a written Constitution that nonetheless that clearly sets forth our sources to help rebuild Iraq, to help all members of a country, all groups constitutional requirements and obli- empower the people of that country within a country have a stake in and gations to control the pursestrings, to economically and to bring a new gov- have a role in determining. All these make sure we know how American tax- ernment and a new freedom and democ- things have to be accomplished in Iraq payer dollars will be spent and make racy to the Iraqi people. I do not be- and we need to know how to do that, sure that those dollars are spent pursu- lieve America should try to do that how to build these institutions of lib- ant to full information from the White alone. I do not believe we have got the erty. House, a plan from the White House on resources to adequately do that when We need to know a timetable: How how to internationalize the reconstruc- we are facing the huge budget deficits long is it likely to take to get Iraqis tion and how to put Iraqis back in that we already face in this country. back in charge of Iraq? What will it charge of Iraq, and, finally, spending We need our friends and allies to be in- cost? How much support do we need? money pursuant to an exit strategy. volved. Of course we all remember the How much training must there be? How virtual stiff-arm that the President much do we need to expand the exist- b 2245 gave to our friends and allies in the ing interim governing committee that When will it end and how will we run-up to the military activity in Iraq. has been created? Who else needs to be know that it has ended? I call upon the There was an arrogant unilateral ap- involved in establishing that group, to President to give that information to proach to our diplomacy, what I called give it more credibility and a greater the Congress in order for us to cast an at the time a cowboy diplomacy that representation from all segments of educated vote on his request for $87 bil- indicated to our friends and allies that Iraq? So we clearly need, after we get lion. we did not need their help, that we more information from the President At this point I have been joined by could go it alone, that they should get of the United States and after he devel- the gentleman from Massachusetts out of the way, particularly the old Eu- ops and gives us a plan for both the (Mr. DELAHUNT), my colleague and sen- rope, as the Secretary of Defense char- internationalization of the reconstruc- ior member from the House Committee acterized it, and allow us to do our tion and how to get Iraqis back in on International Relations and an elo- thing without a lot of hassle from our charge of Iraq, the third thing that we quent member of the Iraq Watch. I wel- pesky allies. Of course it is those need is an exit strategy, when can we come the gentleman. ‘‘pesky allies’’ that we are going to leave, how long must we stay and how Mr. DELAHUNT. Mr. Speaker, good now, that the President is seeking sup- much will it cost us to do the things evening, and I thank the gentleman port from, that the President is hoping that are needed? from Pennsylvania (Mr. HOEFFEL) by going to the United Nations that he As I said at the outset, all of us, again for being the driving force behind can attract into what seems to be a whether we voted for or against the our weekly efforts to raise questions quagmire in Iraq. war in Iraq, understand now that we that we believe have to be answered to So we need a plan here. We need more have conquered the nation. In a rather educate the American people and to than the President saying, we’re going crude phrase, we now own the nation. educate Members of Congress as to to go to the U.N. and seek their sup- We cannot walk away. We have a moral what direction prospectively we should port. We need to know how that sup- obligation to see this situation undertake. port will be put together, how much of through, to make sure that there is a I think for a moment, though, we it we need, how much of it we have a stable and representative and hopefully should go back and review our earlier realistic chance of securing, what it democratic government in Iraq before call to the President to agree to an will take to get the United Nations we leave or the Western powers leave. independent commission to examine fully engaged. It seems to me that one But we also need to know from the the intelligence that was the basis for thing it will take is to allow the United President before we vote this $87 bil- American military intervention into Nations to do its job as a peacekeeper lion what that exit strategy is and how Iraq because there continue to be ques- and a reconstructor and a redeveloper long he thinks it will take and what tions raised by senior members of the of nations, as a nation-builder, if you standards we want to accomplish in administration, and if the gentleman will. Because that is what the United achieving the status that would allow will remember, our insistence on an Nations is there for, to nation-build, a us to leave. And how will we measure independent commission was to concept that was disparaged by the our progress toward that date when we depoliticize such an effort. I think we

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.107 H16PT1 H8278 CONGRESSIONAL RECORD — HOUSE September 16, 2003 had discussed here one evening the pos- ticular issue or have had conversations ‘‘A senior defense official’’ in this sibility of the commission that was with Members of Congress indicate particular administration ‘‘with access chaired by two former Senators, one a that there is no basis in fact for that to high-level intelligence reports ex- highly-respected Republican from New allegation, and yet the Vice President, pressed confusion yesterday.’’ A senior Hampshire, Warren Rudman, and an- when interviewed by Mr. Tim Russert defense official within the administra- other former Democratic Senator from on Meet the Press, raises that issue tion himself expressed confusion ‘‘over Colorado, Gary Hart. They chaired a again. I am sure there is confusion the Vice President’s decision to reair commission which tragically foretold among the American people when they charges that have been dropped by al- almost in a way that eerily predicted read well-respected journals, when they most everyone else.’’ He said, ‘‘There the tragedy that beset America on Sep- listen to thoughtful programs on these isn’t any new intelligence that would tember 11 and the need to address it. particular issues, and while not with- precipitate anything like this,’ the of- I think it is important to note that out some equivocation, the Vice Presi- ficial said, speaking on condition he that particular commission filed its re- dent of the United States continues to not be named.’’ port some 8 or 9 months before Sep- use the Mohamed Atta meeting in But this underscores the need to have tember 11. In fact, I think the exact Prague as a basis to establish a link be- this independent commission. Again, date was on February 15, and unfortu- tween Saddam Hussein and al Qaeda. the prototype is there, the Rudman- nately no action was taken on that Mr. HOEFFEL. Mr. Speaker, will the Hart Commission that did such an out- particular report. I do not mean to sug- gentleman yield? standing job in terms of depicting the gest that it would have in any way Mr. DELAHUNT. Certainly. Mr. HOEFFEL. Mr. Speaker, I am threat of a terrorist attack against the forestalled September 11, but I guess United States months before Sep- the answer to that rhetorical question afraid that there is very little confusion among the American people about tember 11, statements like that that is that we will never know if we had were made on Meet the Press create acted earlier, both Congress and the that. Unfortunately, the polls show that two thirds of Americans believe confusion. Let us be clear, there is no Bush-Cheney Administration. one, it would appear, in the adminis- But in any event, that independent that Hussein was behind 9/11, even though as the gentleman from Massa- tration other than the Vice President commission, for example, would ad- that would not agree that this piece of dress such questions as to the pur- chusetts has correctly pointed out there is not a shred of evidence that evidence has been discredited. Why cre- ported links between al Qaeda and Sad- ate confusion? Let the case for the dam Hussein. I believe that most Saddam Hussein, as evil as he is, there is no evidence that he was behind 9/11. military intervention rise and fall on Americans that are conversant with the facts. That is all we ask. And as we the intelligence have reached the con- But the administration has repeatedly suggested it. The Vice President’s tele- have said consistently among ourselves clusion that there is absolutely no evi- vision appearance on Sunday was one during the hour that we spend here, dence whatsoever that would link al of a long series of such suggestions. some of us supported the President in Qaeda to Saddam Hussein and that The President himself in his speech of terms of the request for a resolution Saddam Hussein had anything to do a week ago wanted people to believe authorizing the military intervention. with September 11. Was he an evil ty- that stopping the terrorists in Iraq was Others of us disagreed. But let us rant, a despot that wreaked havoc on part of dealing with the people that eliminate the confusion. Let us just get his people? Of course. I think there is have led to 9/11, and it is a repeated to the truth, the truth with no polit- unanimity among the American people theme of the administration, and it is ical overtones, the truth so that the and Members of Congress on both sides a shame. I can only conclude that it is American people can have confidence of the aisle that, yes, the world is bet- not only a misleading effort to make a in the integrity of our intelligence. Let ter off by having Saddam Hussein out false connection, but it is an inten- us not continue to reair, as the report of power. But I think it is important tionally misleading effort, and this is a in the Globe indicated, a piece of evi- not to just simply accept the fact that tough situation. It is tough enough to dence that, yes, this administration re- there is linkage between al Qaeda and try to find out what happened. It is lied on substantially as establishing a Saddam Hussein because, again, most very unfortunate that the American link that somehow Saddam Hussein intelligence reports and intelligence people have been fooled in that way. was behind 9/11. I mean it is not right, analysts have been very clear that no Hussein is bad enough. We should deal and it is not fair to the American peo- such intelligence exists. ple. I mean prominent antiterrorism However, this past weekend, I do not with him for his own evil record, and we do not need to fool people or to experts such as Vincent Cannistraro know whether the gentleman had an that many of us have observed on CNN opportunity to hear the Vice President draw false conclusions, and I commend the gentleman for pointing out in great and other news shows and is well-re- again suggest, not directly but suggest, spected among his colleagues, he is a that somehow Saddam Hussein was be- detail this problem. Mr. DELAHUNT. Mr. Speaker, if the former CIA agent and I am quoting hind September 11. He raised the issue, gentleman would yield, there was a re- him, said that Cheney’s ‘‘willingness to for example, of the ring leader, the port today, a front-page story in my use speculation and conjecture as facts operational ring leader of al Qaeda and hometown newspaper, the Boston in public presentations is appalling. its attack on September 11, an indi- Globe, and just let me read an excerpt. It’s astounding.’’ vidual by the name of Mohamed Atta ‘‘Multiple intelligence officials said b 2300 as having met a senior Iraqi intel- that the Prague meeting, purported to ligence agent in Prague, Czecho- be between Atta and a senior Iraqi in- Well, I do not know, but I do know slovakia, when our own FBI has indi- telligence officer by the name of this: this underscores the need to cated that there are documents that Ahmed Khalil Ibrahim Samir al-Ani, depoliticize as we go into a Presi- establish that Mohamed Atta was, in was dismissed almost immediately dential campaign a review of the intel- fact, in the United States during the after it was reported by Czech officials ligence in the information that led this time involved. And what I found par- in the aftermath of September 11 and administration to launch a war. And ticularly disturbing is that that senior has since been discredited further. The that received considerable support Iraqi intelligence officer whom it was CIA reported to Congress last year that from Congress. alleged that Mohammed Atta of al it could not substantiate the claim Because today at a hearing in the Qaeda met with in Prague, Czecho- while American records indicate Atta Committee on International Relations, slovakia in April of 2001, 4 or 5 months was in Virginia Beach, Virginia at the a subcommittee hearing on the Middle before September 11, he has been cap- time, the officials said yesterday. In- East, Undersecretary John Bolton stat- tured. He has been captured by the deed, two intelligence officials said ed that, relative to Syria, all options American military, and media reports yesterday that Ani himself,’’ this sen- were on the table, including regime indicate that he refuted the claim, that ior Iraqi intelligence official, ‘‘now in change. And that was the position of he was very clear, he never met with U.S. custody, has also refuted the re- the President and the administration. Mohamed Atta. And all intelligence port. The Czech Government has also He was testifying relative to Syria and analysts that have spoken on this par- distanced itself from its original claim. its weapons of mass destruction. So I

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.109 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8279 presume that includes a military op- gentleman from Massachusetts (Mr. from a young soldier in Baghdad saying tion. DELAHUNT) said, the Vice President re- that the men in his group were con- Is this administration going to have peated. cerned that they had cheap armor that any credibility if it goes before the So we need a bipartisan, independent was incapable of stopping bullets; and international community and indicates commission to study the intelligence they wondered why they could not have that we will exercise that military op- and its usage before the fighting start- the best protection possible under the tion in the case of Syria? And what ed in Iraq, because it is hard to con- circumstances. about North Korea? What about Iran? clude anything other than the Congress But, anyway, of this $87 billion, a We have got to sustain our credi- and the American people were not told large part of it will go to providing for bility. And the best way to do it is to the full truth; that we were told things our troops, and we want to support have an independent commission com- existed with complete certainty, that that; but approximately $20 billion, my prised of prominent Americans whose the administration was telling them understanding is, approximately $20 credibility is unimpeached, who are that, when in fact when they were billion is for the reconstruction of Iraq. not, as we all are, impacted or influ- making those claims there was great The question that I think the Amer- enced by the politics of an election uncertainty. ican people should be asking the Presi- campaign, whether we be Democrat or I would like to ask the gentleman dent and this Congress is what are your whether we be Republican. The Amer- from Ohio (Mr. STRICKLAND) to share a priorities? Why is it so easy to ask for ican people have a right to the unvar- few words. multiple billions of dollars for Iraq and nished truth. Mr. STRICKLAND. I want to thank for the rebuilding of Iraq, when we are Mr. HOEFFEL. Mr. Speaker, before the gentleman from Pennsylvania. underfunding our most basic needs here we introduce some colleagues that I was standing here listening to the at home, veterans health care, by $1.8 have joined us, I want to echo the gen- gentleman, and I am thinking to my- billion? tleman’s comments and join his call for self, these are very serious accusations; If there are veterans listening, they an independent commission to review that this administration, this Presi- may think STRICKLAND can’t be telling the intelligence that was collected and dent, his staff, were not fully candid the truth. This President would cer- analyzed before we went to war and to with the American people, and con- tainly not take such a position with review the use that that intelligence sequently we find ourselves in a situa- VA health care. I would just encourage was put to. tion where today the polls tell us that them perhaps to contact their veterans I can tell this House that I attended a vast majority of the American people service organizations, the VFW, the a briefing with about 20 Members of the believe that Saddam Hussein was in American Legion, the Disabled Amer- House, a bipartisan group on October 2, some way responsible for what hap- ican Veterans, the Veterans of Foreign 2002, at the White House in the Roo- pened on September 11, 2001. There is Wars, the Vietnam Vets. All of these sevelt Room where George Tenet and no credible evidence to support that groups know what is happening to VA Condoleezza Rice briefed this bipar- conclusion. The President needs to say health care. tisan group of Members. so. And the representations were made I watched Vice President CHENEY on b 2310 by those two leading members of the television this past Sunday. I was administration that with complete cer- stunned that even at this time, after It just troubles me that we seem so tainty they were sure that Saddam the evidence is so crystal clear, he is willing to ask for so much for Iraq and Hussein had an active weapons of mass still holding on to these, what I would for other places around this world and destruction program, that he had an consider, fabrications. The American yet we are neglecting the most basic active biological weapon component, people I think can be trusted with the needs at home. And surely, if we are an active chemical weapons compo- truth. But without the truth, the going to set priorities, we should put nent, that he was restarting a nuclear American people simply do not know the American needs first and other component, that he was quite likely to where to go for the truth or who to be- needs second or third or fourth. be giving these weapons to terrorists lieve. So I just wanted to point that out. I and the rest. And there was no uncer- Now, I was listening to the two of think it is appropriate that we ask the tainty expressed whatsoever. you earlier in my apartment, and I administration these questions: what We have now learned, as reports have wanted to come over and share some- are you going to do with that money? been declassified, that the White House thing that I think is relevant to this And one more thing before I stop. Mr. was being told in a September, 2002, discussion, at least in a tangential Speaker, before this last request for $87 Defense Intelligence Agency report and way. billion, a lot of money had already in an October, 2002, National Intel- Earlier today, I was over on the Sen- been spent in Iraq, and my under- ligence Estimate that there was great ate side participating in a House-Sen- standing is the Halliburton Corpora- uncertainty among the intelligence ate joint committee meeting of the tion, the former employer of Vice agencies, including Mr. Tenet’s CIA. Committee on Veterans’ Affairs. The President CHENEY, received an unbid The parts that had been declassified national commander of the American contract in the range of $1.7 billion. I have been reported in the press, Legion gave testimony to us today, and think it is appropriate that we ask the phrases such as ‘‘no credible evidence he told us what we all know, that we President to commit to us that if we existing of an Iraqi chemical weapons are underfunding VA health care by approve this funding that he has asked program.’’ $1.8 billion. for, that none of it, absolutely not a I have read those reports that the Now, I think it is relevant, because dollar of it will go to corporations, Hal- House Permanent Select Committee on the President has recently come to us liburton or any other corporation Intelligence has made available to and he has asked for $87 billion addi- under an unbid process. The American Members that have not yet been de- tional, on top of what has already been people need to know that the tax dol- classified. appropriated for fiscal year 2003. $87 lars they pay and the money that is ap- While none of us are free to quote billion. propriated for these needs are spent what we have seen, we can talk about As the gentleman has said and we all wisely, and we ought to have an open, our conclusions. And just as the pub- believe, we will do whatever we must transparent process. No more of this lished reports have indicated, what I do to care for our troops, to make sure unbid contract stuff that leaves us read was full of uncertainties, ex- they have adequate equipment and pro- wondering, at least I am wondering, pressed hesitations, ‘‘we are not sure tection, and I understand $300 million whether or not there was some deal, about this,’’ ‘‘we are not sure about to $400 million of that request from the whether or not there was some sweet- that.’’ But that is not at all what the President is to perhaps purchase body heart arrangement that enabled this administration figures were telling armor for our soldiers, armor that I company or some other company to get Congress in private briefings or to the think they should have had a long time access to large amounts of American American people in public statements, ago, because, as I shared not many tax dollars without having to go repeated as recently as Sunday, as the nights ago on this floor, I got a letter through a competitive bidding process.

VerDate jul 14 2003 06:09 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.111 H16PT1 H8280 CONGRESSIONAL RECORD — HOUSE September 16, 2003 I think that is the least the adminis- on multiple occasions, and he said he to level with the American people at tration can do, is to make that com- was too busy to ask about our search the beginning about what this project mitment to us. for weapons of mass destruction in was going to cost. Mr. Speaker, I appreciate my col- Iraq. In fact, we have 1,500 people at I was just at a charity event and I leagues allowing me to participate to- least who have been scouring Iraq for ran into a gentleman who works for night. I will stick around and listen to months now to try to find evidence of the American Society of Civil Engi- what else is going to be said here. I weapons of mass destruction and have neers. He showed me this report card thank the gentleman. not turned up a gram of weapons of that the Society of Civil Engineers just Mr. HOEFFEL. Mr. Speaker, I appre- mass destruction. did about the status of American infra- ciate the gentleman’s comments, as al- To me, this administration has some structure in this country, and they ba- ways. We have been joined by our col- answering to do to the American peo- sically gave a grade to all of our infra- league, the gentleman from Wash- ple, and this body of the U.S. Congress structure: our bridges, our roads; ington (Mr. INSLEE). has an obligation to get to the bottom wastewater had a D, drinking water Mr. INSLEE. Mr. Speaker, I am glad of why this false information led us had a D, dams a D, solid waste, C plus, to be here. I just want to relate to my into a war. That is why I am proud to hazardous waste, D plus, energy, D colleagues a couple of communications say I am one of the Members calling for plus. Basically, America’s infrastruc- that I was very impressed with that I a bipartisan, bicameral investigation, ture, GPA, D plus, with a backlog of in- got in the last 2 days. The first was led by a prominent Republican, to find vestment needs of $1.6 trillion, $1.6 tril- from a letter from a marine who is out why our sons and daughters were lion to fix our electrical system and from Colfax, Washington, who was very sent into war based on this faulty in- our roads and our bridges and our early in the operation in Iraq, who is formation. We have an obligation to schools. But this President cannot af- now recovering in Colfax after he was get to the bottom of that, not only for ford to do it when he wants the tax- involved in an incident where a tank our soldiers and sailors who are at risk, payers to shell out $20 billion for the basically slid off a road and came down but for the future of our future secu- infrastructure of Iraq, because he will and crushed and killed the Marine rity efforts. not give up the tax cuts that have jeop- standing right next to him and totally When we deal with Iran, when we ardized our ability to move forward in crushed this Marine’s leg. They face the challenge in Iran, which is a this country. I yield to the gentleman. thought they were going to have to real nuclear threat, with a real nuclear Mr. DELAHUNT. Mr. Speaker, the take it off. He has kept it, and he is program; in North Korea, which is a estimates that we as Members of Con- now trying to get some weight back on real nuclear threat with a real nuclear gress were provided by the administra- it and he is recovering. It was a re- program, we cannot go to the inter- tion. If my colleagues remember, the markable letter I got from him because national community under this cloud head of the office of OMB, the Office of he talked with great pride about his of suspicion. We must peel it away, we Management and Budget, which is an service. He talked about his feeling for must get light, we must remove this arm of the White House, informed us the Iraqi people, and he talked about wound to our Nation’s credibility, and that the cost of the war was going to be the importance of the prayers and con- we need this commission to get that $50 billion. Well, the truth, and this is dolences he has received from all over done. what the American people have to un- the country. He got letters from all Mr. Speaker, I want to tell my col- derstand, we are already at $166 billion, over the country helping him get leagues I am just astounded by what I and that is the down payment. through this time of crisis. And it was heard this weekend from the Vice Mr. HOEFFEL. Mr. Speaker, does the really heartening just trying to read President, realizing that it is a tough gentleman remember that Lawrence this letter in the midst of what we job that we are in. But I was just Lindsey of the White House Budget Of- have been talking about, about sub- shocked and I want to quote what I am fice lost his job when he suggested that stantial controversy about what hap- told he said. I did not see the inter- the war in Iraq would cost between $100 pened in Iraq, to read a letter from view, but I am told he said in part, he and $200 billion? And as the gentleman somebody who felt so proud of his serv- said, ‘‘So what we do on the ground in says, that is exactly what it has cost to ice and is still in the recovery mode. Iraq, our capabilities here are being date, yet he got fired for telling the Our prayers and thoughts are with him. tested in no small measure. But this is truth. And I will not mention his name be- the place where we want to take on the Mr. DELAHUNT. But I would say to cause he is a humble person, so I will terrorists,’’ meaning Iraq. ‘‘This is the the gentleman, the truth is, that is a not mention his name tonight. place where we want to take on those down payment. The second communication was on elements that have come against the Mr. HOEFFEL. That is right. absolutely the opposite end of the spec- United States.’’ Mr. DELAHUNT. We are on our way, trum of at least how I viewed the com- After we have had 1,500 people scour- folks, we are on our way to $1 trillion. munication, and that was a commu- ing Iraq for months, and the intel- Mr. ABERCROMBIE. Mr. Speaker, nication from the Secretary of Defense, ligence service that reported to us that will the gentleman yield? Donald Rumsfeld, who went to Iraq a the two highest al Qaeda people we had Mr. DELAHUNT. Mr. Speaker, I will few weeks ago and toured Iraq. He was in captivity told us they did not have yield on that, to my good friend from asked in Iraq, Mr. Secretary, what did anything to do with Saddam Hussein, Hawaii (Mr. ABERCROMBIE) and a mem- you find about the weapons of mass de- because they did not trust him because ber of Iraq Watch. struction upon which you based a war, he is a seculist and they are fundamen- Mr. HOEFFEL. The occasionally upon which you sent thousands of talist Islamists; the Vice President of late, but always eloquent and pas- Americans, hundreds of whom are the United States stands for the Amer- sionate member from Hawaii. never going to come home and many, ican people and said we are just going Mr. ABERCROMBIE. Well, that is be- many are going to come home to a dis- to go after al Qaeda in Iraq. Where is cause we are bringing the hammer of ability they are never going to recover the shame? We have to get to the bot- inquiry down on the anvil of truth from. And his answer was stunning to tom of this. here, or the anvil of inquiry for sure. me. He said, you know what? I was just I want to make one more comment too busy. I did not ask about that. about what we are in right now. This is b 2320 Here is an official of the administra- history, but it is something that we The anvil of inquiry for sure. Part of tion who sent our sons and daughters have to peel back to find out what hap- what we are being asked to do and to war based on a premise which has pened, and that is where we go from what you have been discussing tonight obviously turned out to be false from here. I think there is some responsi- has to do with the new payment, the the information we have today, who bility now. No matter how we got into latest, I should say, the latest pay- went to Iraq and who was apparently so this, there is a mess in Iraq. But I want ment. But think about what happens embarrassed about this failure, this to point out that the difficulty we face when the Secretary of Defense says, oh, massive failure of intelligence that in mobilizing support for this is in part we are making progress, when the dele- this administration was responsible for because of the administration’s failure gation from the Congress of which I

VerDate jul 14 2003 05:33 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.113 H16PT1 September 16, 2003 CONGRESSIONAL RECORD — HOUSE H8281 was a part was the first to enter, actu- against Iran. It is the now-Secretary of war, and they have two options at this ally enter Baghdad after the attack on Defense Donald Rumsfeld who is the point. One is to stonewall and search Baghdad was over. special envoy who went and shook the for any justification they have, and Remember, they had a group went in hand of that thug Saddam Hussein in now they are focusing on something and stayed at the Baghdad airport. 1982. He was then taken off the ter- that happened in 1988 during the pre- They came in. We drove in. We came rorist list; Saddam Hussein was taken vious Bush administration or shortly down that long road from the airport off the terrorist lists, and that opened before that administration. into Baghdad. The last delegation that up opportunities for the Iraqi regime. What they should be doing is embrac- just went had to be flown from the air- In 1984 full diplomatic relationships ing our approach, which is to find out port into the compound where Mr. were opened between the United States why this happened. We think the Presi- Bremer is and where the troops are be- and Iraq. In 1986, in 1986 we installed an dent should be looking for the people in cause they cannot go on that road any embassy in Baghdad. The American the administration and holding them more. I remember coming in this road. people should know that. In 1988, in accountable for why when they find I said, We are going to have to have 1988 this heinous crime was committed out why this happened. 10,000 troops just to guard the road in against the Iraqi Kurds in the town of b 2330 from the Baghdad airport because you Halabja, and here we are some 15 years have the road and you have desert and later hearing the Secretary of State He ought to be on our side trying to that means you can come in. Remem- suggest that this was the evidence, the find out why the administration let ber, I called upon Thomas Edwards predicate, if you will, to our interven- down the American people, but no, no. Lawrence, T.E. Lawrence, where is tion. Instead, they want to stonewall this. your spirit? Where are you now that we Now, the story does not end there. Stonewalling is not an answer to help need you? Because you cannot guard The story does not end there. Because this country move forward into how we that road. All it takes is a cell phone it was the President’s father, the Bush are going to solve this problem, but it and a trigger mechanism to be able to administration according to a Congres- is an indication of what problem the attack these vehicles. sional Research Report that blocked administration has. So when you talk $66 billion or how- congressional action, that blocked con- This administration has always ever you want to break this down, and gressional action to impose sanctions wanted to sugarcoat this war for the I hope that we are going to break this on Iraq for committing that crime American people and think it was down before we vote any money for against the Iraqi people. going to be roses and tax cuts for the this, we have to take into account you Let me read because I think it is im- whole way. It is about time the admin- will need thousands and thousands of portant that the American people hear istration started talking the truth. troops, longer and longer time at this. I have never heard it stated. This Mr. ABERCROMBIE. I think our greater expense than even has been is our own Congressional Research time is probably at an end. mentioned here tonight just to guard Service, an independent body: ‘‘In late Mr. HOEFFEL. Mr. Speaker, I thank the road. 1988 after reports that Iraq had used my colleagues for joining me this Mr. DELAHUNT. Mr. Speaker, I do chemical weapons against the Kurds, evening. The Iraq Watch will be back not know if you saw ‘‘Meet the Press’’ the Senate on September 9 passed by next week. this last Sunday, but again the Vice voice vote to impose financial and f President refuted the need that was ex- trade sanctions and severe restrictions SPECIAL ORDERS GRANTED pressed by the Army Chief of Staff, on the transfer of technology to Iraq. By unanimous consent, permission to General Shinseki, that several hundred On September 27, the House passed a address the House, following the legis- thousand troops were necessary to bill by a vote of 388 to 16; but the bill lative program and any special orders bring stability. We have what would was not taken up by the Senate. The heretofore entered, was granted to: appear to be a position that is intran- bill would have prohibited sales to Iraq (The following Members (at the re- sigent, that is in denial, if you will. of any munitions-listed items and quest of Mr. PALLONE) to revise and ex- If I can for just one moment bring called on the President to place import tend their remarks and include extra- something up that I found particularly and export restrictions on Iraq, end neous material:) ironic, Secretary of State Colin Powell credit and loan guarantees, and oppose Mr. DOGGETT, for 5 minutes, today. this past week visited Halabja, which is multi-lateral assistance to that coun- Mr. DEFAZIO, for 5 minutes, today. where some 5,000 Kurdish Iraqis lost try if Iraq did not stop using chemical Mr. EMANUEL, for 5 minutes, today. their lives because of the use of chem- weapons and agree to international in- Mr. PALLONE, for 5 minutes, today. ical weapons by Saddam Hussein. The spections.’’ Mr. BROWN of Ohio, for 5 minutes, Secretary asserted that in this little Similarly, in May through July of today. farming town nestled in Iraq’s barren 1990, just before the first Gulf War, the Mr. DAVIS of Illinois, for 5 minutes, northern mountains, this was ample administration helped block action or today. evidence that former President Sad- defeat several measures in both Houses Ms. CORRINE BROWN of Florida, for 5 dam Hussein’s government possessed that would have restricted U.S. sales minutes, today. weapons of mass destruction and justi- credits, loan guarantees, insurance Mr. STENHOLM, for 5 minutes, today. fied, and justified the U.S. decision to support in international lending insti- (The following Members (at the re- go to war. That occurred in 1988 and it tutions, and trade preferences for Iraq. quest of Mr. PAUL) to revise and extend was despicable. And what should have The administration helped block ac- their remarks and include extraneous occurred was the international commu- tion. Of course we knew that he used material:) nity should have responded at that chemical weapons. In 1990 we knew. Mr. BURTON of Indiana, for 5 minutes, point in time, convened a war crimes And what did we do about it then? We September 17 and 18. tribunal, affected the arrest of Saddam blocked congressional action, the then- Mr. HENSARLING, for 5 minutes, Sep- Hussein and brought him to justice for administration blocked congressional tember 17. that. action. Mr. CHOCOLA, for 5 minutes, Sep- The President at that time was this So the irony of the Secretary of tember 17. President Bush’s father, or rather in State being in Halabja and suggesting Mrs. BLACKBURN, for 5 minutes, Sep- 1988 it was President Reagan. The now- that that was the predicate for mili- tember 17. Secretary of State was the then-Na- tary intervention, what irony. Mr. NORWOOD, for 5 minutes, today tional Security Advisor to President Mr. INSLEE. Mr. Speaker, if the gen- and September 17 and 18. Reagan. tleman will yield, I want to posit a rea- Mr. PAUL, for 5 minutes, today and I find such irony in that because it son why the administration is trying to September 17 and 18. was many of the same individuals who reach back for this, for a justification Mr. CUNNINGHAM, for 5 minutes, Sep- approached Saddam Hussein to indi- for this war. And the reason is they re- tember 17. cate that they were tilting towards the fused to recognize that they used false Mr. MARIO DIAZ-BALART of Florida, Saddam Hussein regime in its war information to lead this Nation into a for 5 minutes, September 17.

VerDate jul 14 2003 06:17 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K16SE7.115 H16PT1 H8282 CONGRESSIONAL RECORD — HOUSE September 16, 2003 Mr. OSBORNE, for 5 minutes, today. No. 17-03 which informs you of our intent to to the Committee of the Whole House on the Mr. BURGESS, for 5 minutes, today sign a Memorandum of Understanding (MOU) State of the Union. and September 17. Concerning the Development of the Future Mr. SENSENBRENNER: Committee on the Fire Control System (FFCS) for Multiple Judiciary. H.R. 2152. A bill to amend the Im- Mr. FEENEY, for 5 minutes, Sep- Launch Rocket System (MLRS) Upgrades be- migration and Nationality Act to extend for tember 17. tween the United States and the United an additional 5 years the special immigrant Mr. HUNTER, for 5 minutes, today. Kingdom as pursuant to Executive Order religious worker program (Rept. 108–271). Re- Mr. SMITH of Michigan, for 5 minutes, 11958, pursuant to 22 U.S.C. 2767(f); to the ferred to the Committee of the Whole House today. Committee on International Relations. on the State of the Union. Mr. POMBO: Committee on Resources. f 4286. A letter from the Assistant Legal Ad- viser for Treaty Affairs, Department of H.R. 1945. A bill to authorize the Secretary of ADJOURNMENT State, transmitting a report prepared by the Commerce to provide financial assistance to Mr. HOEFFEL. Mr. Speaker, I move Department of State concerning inter- the States of Alaska, Washington, Oregon, national agreements other than treaties en- California, and Idaho for salmon habitat res- that the House do now adjourn. tered into by the United States be trans- toration projects in coastal waters and up- The motion was agreed to; accord- mitted to the Congress within a sixty day pe- land drainages, and for other purposes; with ingly (at 11 o’clock and 31 minutes riod after the execution thereof as specified an amendment (Rept. 108–272). Referred to p.m.), the House adjourned until to- in the Case-Zablocki Act, pursuant to 1 the Committee of the Whole House on the morrow, Wednesday, September 17, U.S.C. 112b(b); to the Committee on Inter- State of the Union. 2003, at 10 a.m. national Relations. Mr. LINDER: Committee on Rules. House 4287. A letter from the Archivist, National Resolution 370. Resolution providing for con- f Archives and Records Administration, trans- sideration of the bill (H.R. 7) to amend the EXECUTIVE COMMUNICATIONS, mitting the Administration’s Commercial Internal Revenue Code of 1986 to provide in- ETC. Activities Inventory and Inherently Govern- centives for charitable contributions by indi- mental Inventory; to the Committee on Gov- viduals and businesses, and for other pur- Under clause 8 of rule XII, executive ernment Reform. poses (Rept. 108–273). Referred to the House communications were taken from the 4288. A letter from the Inspector General, Calendar. Speaker’s table and referred as follows: Railroad Retirement Board, transmitting DISCHARGE OF COMMITTEE 4278. A letter from the Deputy Chief of the budget request for the Office of Inspector Pursuant to clause 2 of rule XII the Naval Operations, Department of Defense, General, Railroad Retirement Board, for fis- Committee on Education and the transmitting notification of a decision to cal year 2005, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to the Committee on Workforce discharged from further implement performance by the Most Effi- consideration. H.R. 7 referred to the cient Organization (MEO) of the Base Sup- Government Reform. port Services of Naval Surface Warfare/ 4289. A letter from the Assistant Attorney Committee of the Whole House on the Weapons Centers in Carderock, MD and General, Department of Justice, transmit- State of the Union. Philadelphia, PA; to the Committee on ting a report of activities under the Civil Pursuant to clause 2 or rule XII the Armed Services. Rights of Institutionalized Persons Act dur- following action was taken by the 4279. A letter from the Deputy Chief of ing Fiscal Year 2002, pursuant to 42 U.S.C. Speaker: 1997f; to the Committee on the Judiciary. Naval Operations, Department of Defense, H.R. 7. Referral to the Committee on Edu- 4290. A letter from the Assistant Attorney transmitting notification of a decision to cation and the Workforce extended for a pe- General, Department of Justice, transmit- implement performance by the Most Effi- riod ending not later than September 16, ting a letter concerning grants made under cient Organization (MEO) of the Naval Air 2003. Systems Command Headquarters Adminis- the Paul Coverdell National Forensic trative Support and Patuxent Administra- Science Improvement Act of 2000 (Pub L. 106- f tive Support in Mechanicsville, MD; to the 561) to improve forensic science services, PUBLIC BILLS AND RESOLUTIONS Committee on Armed Services. pursuant to Public Law 106-561, 4280. A letter from the Director, Office of section2806(b); to the Committee on the Judi- Under clause 2 of rule XII, public Management and Budget, transmitting ap- ciary. bills and resolutions were introduced propriations reports containing OMB cost es- 4291. A letter from the Secretary, Federal and severally referred, as follows: timates for P.L. 108-69; to the Committee on Trade Commission, transmitting the Com- By Mr. CONYERS (for himself, Mr. the Budget. mission’s Twenty-Fifth Annual Report to NADLER, Mr. SCOTT of Virginia, Ms. 4281. A letter from the Secretary, Depart- Congress and the activities during Fiscal JACKSON-LEE of Texas, Mr. MEEHAN, ment of the Treasury, transmitting an an- Year 2002 as pursuant to section 7A of the Mr. DELAHUNT, Mr. WEINER, Mr. nual report to the President and to the Con- Clayton Act, pursuant to 15 U.S.C. 18a(j); to SCHIFF, Mr. LANGEVIN, Mr. SCOTT of gress on the audit of the Telecommuni- the Committee on the Judiciary. Georgia, Ms. CARSON of Indiana, Mr. cations Development Fund, pursuant to 47 4292. A letter from the chairman, National SANDERS, Mr. CROWLEY, and Mr. U.S.C. 614; to the Committee on Energy and Transportation Safety Board, transmitting MORAN of Virginia): Commerce. the Board’s Fiscal Year 2005 Budget Esti- H.R. 3084. A bill to amend the September 4282. A letter from the Secretary, Depart- mates Request to OMB, pursuant to Public 11th Victim Compensation Fund of 2001 to ment of the Treasury, transmitting a six Law 93-633; jointly to the Committees on extend the deadline for filing a claim to De- month periodic report on the national emer- Transportation and Infrastructure and Ap- cember 31, 2004; to the Committee on the Ju- gency with respect to Zimbabwe that was de- propriations. diciary. clared in Executive Order 13288 of March 6, 4293. A letter from the Secretaries, Depart- By Mr. HINOJOSA (for himself, Mrs. 2003, pursuant to 50 U.S.C. 1641(c) and 50 ments of Defense and Health and Human DAVIS of California, Mr. GRIJALVA, U.S.C. 1703(c); to the Committee on Inter- Services, transmitting a report on the eval- Ms. LEE, Mr. CASE, Ms. JACKSON-LEE national Relations. uation of the Medicare Subvention Dem- of Texas, Mrs. NAPOLITANO, Mr. 4283. A letter from the Secretary, Depart- onstration Project for Military Retirees en- SERRANO, Mr. FROST, Mr. ETHERIDGE, ment of the Treasury, transmitting a 6- titled ‘‘Evaluation of the Medicare-DoD Sub- Mr. VAN HOLLEN, Ms. SOLIS, Mr. month periodic report on the national emer- vention Demonstration: Final Report,’’ pur- RODRIGUEZ, Mrs. JONES of Ohio, Mr. gency with respect to Iran that was declared suant to Public Law 105-33, section 4015; OWENS, Ms. LINDA T. SANCHEZ of Cali- in Executive Order 12957 of March 15, 1995, jointly to the Committees on Armed Serv- fornia, Ms. WOOLSEY, Mr. BECERRA, pursuant to 50 U.S.C. 1641(c), 50 U.S.C. 1730(c) ices, Ways and Means, and Armed Services. Mr. ACEVEDO-VILA, and Mr. and 22 U.S.C. 2349aa-9(c); to the Committee f CARDOZA): on International Relations. H.R. 3085. A bill to improve graduation 4284. A letter from the Secretary, Depart- REPORTS OF COMMITTEES ON rates by authorizing the Secretary of Edu- ment of the Treasury, transmitting the PUBLIC BILLS AND RESOLUTIONS cation to make grants to improve adolescent semiannual report detailing payments made Under clause 2 or rule XIII, reports of literacy, and for other purposes; to the Com- to Cuba as a result of the provision of tele- committees were delivered to the Clerk mittee on Education and the Workforce. communications services pursuant to De- By Mr. GREEN of Wisconsin: partment of the Treasury specific licenses, for printing and reference to the proper H.R. 3086. A bill to increase penalties for and pursuant to Executive Order 13313 of calendar, as follows: obstruction of justice and false statements July 31, 2003, pursuant to 22 U.S.C. 6004(e)(6); Mr. THOMAS: Committee on Ways and in terrorism cases, and for other purposes; to to the Committee on International Rela- Means. H.R. 7. A bill to amend the Internal the Committee on the Judiciary. tions. Revenue Code of 1986 to provide incentives By Mr. YOUNG of Alaska: 4285. A letter from the Director, Inter- for charitable contributions by individuals H.R. 3087. A bill to provide an extension of national Cooperation, Department of De- and businesses, and for other purposes; with highway, highway safety, motor carrier safe- fense, transmitting a copy of Transmittal an amendment (Rept. 108–270, Pt. 1). Referred ty, transit, and other programs funded out of

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the Highway Trust Fund pending enactment Mr. TERRY, Mr. CASE, Mr. LANTOS, be subsequently determined by the Speaker, of a law reauthorizing the Transportation Mr. DICKS, Mr. SMITH of Washington, in each case for consideration of such provi- Equity Act for the 21st Century; to the Com- Mr. INSLEE, and Mr. MCDERMOTT): sions as fall within the jurisdiction of the mittee on Transportation and Infrastruc- H.R. 3092. A bill to provide grants for law committee concerned. ture, and in addition to the Committees on enforcement training and equipment to com- By Mr. PAUL (for himself, Mr. JONES of Resources, the Budget, Ways and Means, and bat methamphetamine labs; to the Com- North Carolina, and Mrs. MUSGRAVE): Science, for a period to be subsequently de- mittee on the Judiciary. H.R. 3101. A bill to amend title 5, United termined by the Speaker, in each case for By Mr. BASS (for himself, Mr. DAVIS of States Code, to provide for the establishment consideration of such provisions as fall with- Florida, Mr. COOPER, and Mr. BRAD- of a precious metals investment option in in the jurisdiction of the committee con- LEY of New Hampshire): the Thrift Savings Fund; to the Committee cerned. H.R. 3093. A bill to amend the Clean Air on Government Reform. By Mr. YOUNG of Alaska (for himself, Act to establish a national uniform multiple By Mr. PEARCE: Mr. OBERSTAR, Mr. PETRI, Mr. LIPIN- air pollutant regulatory program for the H.R. 3102. A bill to utilize the expertise of SKI, Mr. BAKER, Mr. RAHALL, Mr. electric generating sector; to the Committee New Mexico State University, the University COBLE, Mr. DEFAZIO, Mr. PLATTS, Mr. on Energy and Commerce. of Arizona, and Northern Arizona University COSTELLO, Mr. GRAVES, Ms. NORTON, By Ms. GINNY BROWN-WAITE of Flor- in conducting studies under the National En- Mr. QUINN, Mr. NADLER, Mr. BEREU- ida (for herself, Mr. PEARCE, Mr. vironmental Policy Act of 1969 in connection with the grazing allotments and range and TER, Mr. MENENDEZ, Mr. EHLERS, Ms. GREEN of Wisconsin, Mr. PAUL, Mr. continuing range analysis for National For- CORRINE BROWN of Florida, Mr. BRADLEY of New Hampshire, Mr. est System lands in New Mexico and Ari- MORAN of Kansas, Mr. FILNER, Mr. FROST, Mrs. BLACKBURN, Mrs. JO ANN zona, and for other purposes; to the Com- LOBIONDO, Ms. EDDIE BERNICE JOHN- DAVIS of Virginia, Mr. SCHROCK, Mr. mittee on Resources. SON of Texas, Mr. LATOURETTE, Mr. RENZI, Mr. COLE, Mr. MICA, Mr. By Mr. RYUN of Kansas (for himself, TAYLOR of Mississippi, Mr. GARY G. FOLEY, Mr. MARIO DIAZ-BALART of Mrs. MCCARTHY of New York, Mr. MILLER of California, Ms. MILLENDER- Florida, Mr. GUTKNECHT, and Mr. WALSH, Mr. PAYNE, and Mr. LYNCH): MCDONALD, Mr. GILCHREST, Mr. JONES of North Carolina): H.R. 3094. A bill to amend title 38, United H.R. 3103. A bill to amend the Internal Rev- CUMMINGS, Mr. MICA, Mr. enue Code of 1986 to allow a credit against States Code, to establish standards of access BLUMENAUER, Mr. BURNS, Mr. income tax for the purchase of hearing aids; to care for veterans seeking health care from PASCRELL, Mr. PORTER, Mr. BOSWELL, to the Committee on Ways and Means. the Department of Veterans Affairs, and for Mr. BURGESS, Mr. HOLDEN, Mr. By Mr. SNYDER (for himself, Mr. SIM- other purposes; to the Committee on Vet- HAYES, Mr. LAMPSON, Mr. CHOCOLA, MONS, Mr. REYES, Mr. MEEHAN, Mr. erans’ Affairs. Mr. BAIRD, Mr. SIMMONS, Ms. BERK- EVANS, Mr. BRADLEY of New Hamp- LEY, Mr. SHUSTER, Mr. CARSON of By Mr. DOOLITTLE: H.R. 3095. A bill to amend title 4, United shire, Mr. RODRIGUEZ, Mr. SKELTON, Oklahoma, Mr. BROWN of South Caro- Mr. ANDREWS, Mr. BARTLETT of Mary- lina, Mr. MATHESON, Mr. DUNCAN, Mr. States Code, to make sure the rules of eti- quette for flying the flag of the United land, and Mr. MCGOVERN): HONDA, Mr. JOHNSON of Illinois, Mr. H.R. 3104. A bill to provide for the estab- States do not preclude the flying of flags at LARSEN of Washington, Mr. BOOZMAN, lishment of campaign medals to be awarded Mr. CAPUANO, Mr. DEMINT, Mr. half mast when ordered by city and local of- to members of the Armed Forces who par- WEINER, Mr. PEARCE, Ms. CARSON of ficials; to the Committee on the Judiciary. ticipate in Operation Enduring Freedom or Indiana, Mrs. KELLY, Mr. HOEFFEL, By Mr. EHLERS: Operation Iraqi Freedom; to the Committee H.R. 3096. A bill to provide for the estab- Mr. ISAKSON, Mr. THOMPSON of Cali- on Armed Services. lishment of the position of Deputy Adminis- fornia, Mr. BACHUS, Mr. BISHOP of By Mr. YOUNG of Alaska (for himself trator for Science and Technology of the En- New York, Mr. SULLIVAN, Mr. and Mr. PETRI): MICHAUD, Mr. MARIO DIAZ-BALART of vironmental Protection Agency, and for H. Con. Res. 280. Concurrent resolution rec- Florida, Mr. DAVIS of Tennessee, Mr. other purposes; to the Committee on ognizing the National Stone, Sand & Gravel NEY, Mr. REHBERG, Mr. BOEHLERT, Science. Association for reaching its 100th Anniver- Mr. BEAUPREZ, Mr. GERLACH, Mrs. By Mr. FRELINGHUYSEN: sary, and for the many vital contributions of H.R. 3097. A bill to amend the Federal Edu- CAPITO, Mr. HOEKSTRA, Mr. KENNEDY its members to the Nation’s economy and to cation Right to Privacy Act to improve the of Minnesota, Mr. MCCRERY, and Mr. improving the quality of life through the access of the victims of crimes to informa- BARTLETT of Maryland): constantly expanding roles stone, sand, and H.R. 3088. A bill to provide an extension of tion concerning the outcome of disciplinary gravel serve in the Nation’s everyday life; to highway, highway safety, motor carrier safe- proceedings by institutions of higher edu- the Committee on Transportation and Infra- ty, transit, and other programs funded out of cation; to the Committee on Education and structure. the Highway Trust Fund pending enactment the Workforce. By Mr. CONYERS (for himself, Mr. of a law reauthorizing the Transportation By Mr. GREEN of Texas: DAVIS of Illinois, Ms. CORRINE BROWN Equity Act for the 21st Century; to the Com- H.R. 3098. A bill to amend title II of the So- of Florida, Mrs. CHRISTENSEN, Mr. mittee on Transportation and Infrastruc- cial Security Act to remove the limitation FILNER, Mr. FROST, Mrs. JONES of ture, and in addition to the Committees on upon the amount of outside income which an Ohio, Mr. KUCINICH, Ms. JACKSON-LEE Resources, the Budget, Ways and Means, and individual may earn while receiving benefits of Texas, Mr. MEEKS of New York, Science, for a period to be subsequently de- under such title, and for other purposes; to Ms. MILLENDER-MCDONALD, Mr. termined by the Speaker, in each case for the Committee on Ways and Means. TOWNS, Mr. WYNN, and Mr. C consideration of such provisions as fall with- By Ms. MILLENDER-M DONALD (for MCDERMOTT): in the jurisdiction of the committee con- herself, Mr. CONYERS, Mr. TOWNS, H. Con. Res. 281. Concurrent resolution cerned. Mrs. CHRISTENSEN, Ms. LEE, Mr. urging observance of Global Family Day; to By Mr. ANDREWS: CUMMINGS, Ms. KILPATRICK, Ms. CAR- the Committee on International Relations. H.R. 3089. A bill to establish a program to SON of Indiana, Ms. CORRINE BROWN of By Mr. COOPER (for himself, Mr. ROSS, assist States and local governments for the Florida, Mr. SCOTT of Virginia, Mr. Mr. GORDON, Mr. BERRY, Mrs. conduct of electronic governance trans- FROST, Mr. PAYNE, Mr. CLAY, Mr. BLACKBURN, Mr. BOOZMAN, Mr. DAVIS actions at libraries and elementary and sec- MEEHAN, Mrs. JONES of Ohio, Ms. of Tennessee, Mr. DUNCAN, Mr. FORD, ondary schools, and for other purposes; to JACKSON-LEE of Texas, Mr. THOMPSON Mr. JENKINS, Mr. SNYDER, Mr. TAN- the Committee on Energy and Commerce. of Mississippi, Ms. NORTON, Mr. NER, and Mr. WAMP): By Mr. ANDREWS: FRANK of Massachusetts, Mr. H. Con. Res. 282. Concurrent resolution H.R. 3090. A bill to amend title XVIII of the TIERNEY, Mr. ENGEL, Mr. WYNN, Mr. honoring the life of Johnny Cash; to the Social Security Act to provide for eligibility LYNCH, Mr. OLVER, Mr. MARKEY, Mr. Committee on Education and the Workforce. for coverage of home health services under NEAL of Massachusetts, Mr. MCGOV- By Mr. DAVIS of Illinois (for himself the Medicare Program on the basis of a need ERN, Mr. BALLANCE, Mr. SERRANO, and Mr. SHIMKUS): for occupational therapy; to the Committee Ms. MCCOLLUM, and Mr. CAPUANO): H. Con. Res. 283. Concurrent resolution on Ways and Means. H.R. 3099. A bill to amend the Small Busi- honoring the commitment of the individuals By Mr. ANDREWS: ness Investment Act of 1958 to establish a participating in the Free Our People March H.R. 3091. A bill to amend title II of the So- pilot program for lending to small, nonprofit and Rally; to the Committee on Energy and cial Security Act to restore child’s insurance child care businesses; to the Committee on Commerce. benefits in the case of children who are 18 Small Business. By Mrs. MUSGRAVE (for herself, Mr. through 22 years of age and attend postsec- By Mr. PALLONE: BELL, Mr. CHABOT, Mr. DOOLITTLE, ondary schools; to the Committee on Ways H.R. 3100. A bill to provide health benefits Mr. ANDREWS, Mr. PALLONE, Mr. and Means. for workers and their families; to the Com- SMITH of New Jersey, Mr. SOUDER, By Mr. BAIRD (for himself, Mr. CAN- mittee on Education and the Workforce, and Mrs. KELLY, Mr. BILIRAKIS, and Mr. NON, Mr. LARSEN of Washington, Mr. in addition to the Committees on Energy and WEXLER): BOSWELL, Mr. CALVERT, Mr. NUNES, Commerce, Ways and Means, Government H. Con. Res. 284. Concurrent resolution ex- Mr. KIND, Mr. OSE, Mr. BEREUTER, Reform, and Armed Services, for a period to pressing the sense of Congress that the

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United States should actively support Tai- H.R. 980: Mr. SMITH of Washington. H.R. 2157: Mr. KENNEDY of Rhode Island, wan’s membership in the United Nations and H.R. 1179: Mr. WELDON of Florida. Ms. MAJETTE, Mrs. WILSON of New Mexico, other international organizations; to the H.R. 1229: Mr. BEAUPREZ. and Mr. WEXLER. Committee on International Relations. H.R. 1231: Mr. BONILLA, Mr. ISAKSON, Mr. H.R. 2173: Mr. KLECZKA, Mr. GRIJALVA, and By Mr. MANZULLO (for himself, Ms. GONZALEZ, Mr. GERLACH, and Mr. LARSON of Mr. SANDERS. VELAZQUEZ, and Mr. HINOJOSA): Connecticut. H.R. 2181: Mr. VISCLOSKY and Mr. HILL. H. Res. 368. A resolution honoring the H.R. 1285: Ms. ESHOO. H.R. 2198: Ms. DEGETTE. Small Business Administration on the occa- H.R. 1294: Mr. NEAL of Massachusetts. H.R. 2201: Mr. FEENEY. sion of its 50th anniversary; to the Com- H.R. 1310: Mr. MCHUGH. H.R. 2224: Mr. PLATTS and Mr. BOEHLERT. mittee on Small Business. Considered and H.R. 1336: Mr. RYAN of Ohio, Mr. BRADLEY H.R. 2232: Mr. SANDERS. agreed to. of New Hampshire, Mr. MENENDEZ, Mr. MIL- H.R. 2269: Mr. WILSON of South Carolina, By Mr. BURTON of Indiana (for him- LER of North Carolina, Mr. PEARCE, Mr. Mrs. MUSGRAVE, and Mr. HAYWORTH. self, Mr. VISCLOSKY, Mr. BUYER, Mr. SERRANO, Ms. GRANGER, Mr. FEENEY, and Mr. H.R. 2347: Mr. BISHOP of Utah, Mr. TIAHRT, HOSTETTLER, Mr. SOUDER, Ms. CAR- BOEHNER. and Mr. CRANE. H.R. 1345: Mr. FROST. SON of Indiana, Mr. HILL, Mr. PENCE, H.R. 2353: Mr. RANGEL. H.R. 1381: Mrs. MALONEY, Mr. CLYBURN, and and Mr. CHOCOLA): H.R. 2361: Mr. DEFAZIO. Mr. MCDERMOTT. H. Res. 369. A resolution expressing the H.R. 2365: Mr. FILNER. H.R. 1385: Ms. SCHAKOWSKY, Mr. JENKINS, profound sorrow of the House of Representa- H.R. 2404: Mr. MCINNIS. Mr. BURTON of Indiana, Mr. DOOLITTLE, Mrs. tives for the death of Indiana Governor H.R. 2426: Ms. SLAUGHTER, Mr. SANDERS, LOWEY, Mr. MEEHAN, and Ms. CORRINE BROWN Frank O’Bannon and extending thoughts, and Ms. MCCARTHY of Missouri. of Florida. prayers, and condolences to his family, H.R. 2455: Mr. ENGEL. H.R. 1394: Mr. BROWN of Ohio. friends, and loved ones; to the Committee on H.R. 2459: Mrs. CAPPS. H.R. 1414: Ms. SLAUGHTER. Government Reform. Cconsidered and agreed H.R. 2490: Mrs. CAPITO. H.R. 1508: Mr. CARDOZA and Mr. STRICK- H.R. 2504: Ms. LOFGREN and Mr. MICHAUD. to. LAND. By Ms. ROS-LEHTINEN (for herself, H.R. 2527: Mr. BERMAN and Mr. DEUTSCH. H.R. 1547: Mr. BARTLETT of Maryland. H.R. 2582: Mr. ANDREWS. Mr. LANTOS, and Mr. ACKERMAN): H.R. 1563: Ms. MCCOLLUM, Mr. ALLEN, Mr. H.R. 2625: Mrs. JONES of Ohio and Mr. H. Res. 371. A resolution commending the SHAYS, and Mr. BROWN of Ohio. KLECZKA. people and the Government of the Hashemite H.R. 1622: Mr. GUTIERREZ, Mr. RODRIGUEZ, H.R. 2626: Mr. UDALL of New Mexico. Kingdom of Jordan for their political reform and Mr. SMITH of New Jersey. H.R. 2665: Mr. SMITH of Washington, Mr. efforts and wishing them continued success H.R. 1639: Ms. WATSON. FILNER, and Mr. ENGEL. in their democratization efforts; to the Com- H.R. 1653: Mr. HONDA and Mr. TOM DAVIS of H.R. 2677: Mr. BLUMENAUER. mittee on International Relations. Virginia. H.R. 2685: Mr. SERRANO and Mr. WEXLER. H.R. 1660: Mr. DOOLITTLE. f H.R. 2708: Mr. CALVERT. H.R. 1662: Mr. FEENEY and Mr. H.R. 2709: Mr. CASE. NEUGEBAUER. PRIVATE BILLS AND H.R. 2711: Mr. LINDA T. SANCHEZ of Cali- H.R. 1690: Ms. LOFGREN. RESOLUTIONS fornia and Mr. MCINTYRE. H.R. 1692: Mr. PORTER, Mr. LEWIS of Geor- H.R. 2720: Mr. EVANS, Mr. CASE, Mr. Under clause 3 of rule XII, gia, and Mr. MCCOTTER. MCNULTY, Mr. FRANK of Massachusetts, and Mr. GUTIERREZ introduced a bill (H.R. H.R. 1695: Mr. WAXMAN. Mr. MCCOTTER. 3105) for the relief of Elvira Arellano; which H.R. 1731: Mr. CASE, Mr. MORAN of Virginia, H.R. 2727: Mr. DELAHUNT, Ms. EDDIE BER- was referred to the Committee on the Judici- Mr. SPRATT, Mr. ROYCE, and Mr. FROST. NICE JOHNSON of Texas, and Mr. STARK. ary. H.R. 1738: Mr. BOUCHER, Mr. GONZALEZ, and Mr. DAVIS of Tennessee. H.R. 2732: Mr. BALLENGER, Mr. NORWOOD, f H.R. 1813: Mr. LEVIN, Mr. MICHAUD, Mr. Mr. KINGSTON, Mr. PETRI, and Mr. GOODE. H.R. 2735: Mr. BAKER, Ms. BORDALLO, and ADDITIONAL SPONSORS VAN HOLLEN, and Mr. GRIJALVA. H.R. 1819: Mr. WAMP, Mr. SANDERS, and Mr. Mr. BROWN of Ohio. Under clause 7 of rule XII, sponsors SHIMKUS. H.R. 2743: Mr. SIMPSON. were added to public bills and resolu- H.R. 1828: Ms. EDDIE BERNICE JOHNSON of H.R. 2770: Mr. GRIJALVA, Mr. FILNER, Mr. tions as follows: Texas, and Mrs. NAPOLITANO. FROST, and Mr. JEFFERSON. H.R. 1900: Mr. POMEROY, Mr. EMANUEL, Mr. H.R. 2781: Mr. KINGSTON. H.R. 102: Mr. GUTIERREZ. TANNER, Mr. ABERCROMBIE, Mr. JACKSON of H.R. 2787: Ms. BALDWIN and Mr. ACKERMAN. H.R. 106: Mrs. MUSGRAVE. Illinois, Mr. MICHAUD, Mr. CLAY, Mr. MEEK of H.R. 2788: Mr. BAIRD. H.R. 121: Mr. GRIJALVA. Florida, Mr. PRICE of North Carolina, Ms. H.R. 2821: Mr. GEORGE MILLER of Cali- H.R. 284: Mr. RODRIGUEZ, Ms. JACKSON-LEE BERKLEY, Ms. MCCOLLUM, Ms. SLAUGHTER, fornia, Mr. UPTON, and Mr. WEXLER. of Texas, Mr. BELL, Mr. HULSHOF, Mr. Mr. DICKS, Mr. EVANS, Mr. ETHERIDGE, Mr. H.R. 2849: Mr. UPTON and Mr. PLATTS. HINOJOSA, Mr. TURNER of Texas, Mr. SAM GUTIERREZ, Mr. FARR, Ms. BALDWIN, Mrs. H.R. 2850: Mr. DAVIS of Florida. JOHNSON of Texas, Ms. VELAZQUEZ, Ms. EMERSON, Mr. ROTHMAN, Mr. WU, Mr. H.R. 2851: Mr. TANCREDO. GRANGER, and Mr. COSTELLO. LAMPSON, Mr. DOOLEY of California, Mr. H.R. 2891: Mr. CROWLEY. H.R. 299: Mr. TOWNS. HILL, Ms. DEGETTE, Mr. SNYDER, Mr. SKEL- H.R. 2898: Mr. WAXMAN and Mr. BROWN of H.R. 303: Mr. HASTINGS of Florida, Mr. TON, Ms. MCCARTHY of Missouri, Ms. LORET- Ohio. CARDIN, and Mr. PENCE. TA SANCHEZ of California, Mr. ACKERMAN, Ms. H.R. 2900: Mr. RYUN of Kansas, Mr. BOEH- H.R. 316: Mr. WELLER. LOFGREN, Mr. GREEN of Texas, Mr. ALEX- LERT, and Mr. SANDLIN. H.R. 339: Mr. EVERETT, Mr. UPTON, Mr. ANDER, Mr. KIND, Mr. OBEY, Mrs. TAUSCHER, H.R. 2905: Mr. FEENEY and Ms. ROS- VITTER, Mr. GREENWOOD, and Mr. BRADLEY of Mrs. MCCARTHY of New York, Mr. BERRY, Mr. LEHTINEN. New Hampshire. ROSS, Mr. PETRI, Mr. ANDREWS, Mr. MATHE- H.R. 2906: Mr. WAMP. H.R. 348: Mrs. MCCARTHY of New York. LATTS UCAS SON, Mr. SPRATT, Ms. DELAURO, Mr. DEFAZIO, H.R. 2908: Mr. P , Mr. L of Ken- H.R. 384: Mr. HOEKSTRA, Mr. GIBBONS, Mr. ROST Mr. DINGELL, Mr. SMITH of Washington, Mr. tucky, and Mr. F . HERGER, Mr. HOSTETTLER, Mr. FEENEY, and H.R. 2915: Mr. COOPER, Ms. HARRIS, and Mr. MATSUI, Mr. MCKEON, Mr. YOUNG of Florida, Mrs. MUSGRAVE. CASTLE. Ms. ROYBAL-ALLARD, and Mr. PICKERING. H.R. 432: Mr. ROSS. H.R. 1906: Mr. GUTIERREZ. H.R. 2929: Mr. EHLERS. H.R. 571: Mr. HAYES, Mr. BOYD, and Mr. H.R. 1939: Ms. WOOLSEY. H.R. 2932: Ms. ESHOO and Mr. MCDERMOTT. TOWNS. H.R. 1964: Mr. SWEENEY. H.R. 2934: Mrs. MUSGRAVE, Mr. COBLE, Mr. H.R. 574: Mrs. MUSGRAVE. H.R. 1993: Mr. GREEN of Texas and Mr. JENKINS, Mr. BARRETT of South Carolina, Mr. H.R. 652: Mr. HOLT. MCDERMOTT. NORWOOD, Mr. BONILLA, Mr. THORNBERRY, H.R. 713: Mr. RAMSTAD. H.R. 2008: Mr. BASS. Mr. WICKER, Mr. PEARCE, Mr. BURGESS, Mr. H.R. 714: Ms. DUNN. H.R. 2032: Mr. KUCINICH, Ms. MILLENDER- GERLACH, Mrs. CUBIN, Mr. NEUGEBAUER, Mr. H.R. 728: Mr. SAXTON. MCDONALD, Mr. GEPHARDT, Mr. MCDERMOTT, GARRETT of New Jersey, Mr. PORTER, Mr. H.R. 792: Ms. DUNN. and Mr. BISHOP of Utah. MCCOTTER, Mr. TIAHRT, Mr. WILSON of South H.R. 804: Mr. CARDOZA. H.R. 2034: Mr. ENGLISH. Carolina, Mr. GIBBONS, Mr. EVERETT, Mr. H.R. 852: Mr. BISHOP of New York and Mr. H.R. 2047: Mr. CARDIN. ROGERS of Alabama, Ms. GRANGER, Mr. COL- FRANK of Massachusetts. H.R. 2094: Mr. ENGLISH, Mr. HERGER, and LINS, Mr. FEENEY, Mr. BURNS, Mr. BRADY of H.R. 854: Mr. ROTHMAN. Mr. TOWNS. Texas, Mr. SHIMKUS, Mr. BAKER, Mr. CANNON, H.R. 857: Mr. ANDREWS and Mr. LANTOS. H.R. 2096: Mrs. JO ANN DAVIS of Virginia, Mrs. MILLER of Michigan, Ms. GINNY BROWN- H.R. 869: Mr. BERMAN and Mr. WALSH. Ms. HARRIS, Mr. LAHOOD, Mr. TANCREDO, Mr. WAITE of Florida, Ms. HARRIS, Mr. COLE, Mr. H.R. 918: Mr. NETHERCUTT. TIBERI, Mr. HOBSON, Mr. GERLACH, and Mrs. KLINE, Mr. PETERSON of Pennsylvania, Mr. H.R. 920: Mr. LEWIS of Georgia and Mrs. NAPOLITANO. OTTER, Mr. WELLER, Mr. PUTNAM, Mr. NAPOLITANO. H.R. 2133: Mr. TOM DAVIS of Virginia and TANCREDO, Mr. HEFLEY, Mr. POMBO, Mr. H.R. 968: Mr. STUPAK. Mr. GREEN of Wisconsin. HAYWORTH, Mr. HENSARLING, Mr. DOOLITTLE,

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Mr. SULLIVAN, Mr. FRANKS of Arizona, Mr. MCCRERY, Mr. ORTIZ, and Mr. JONES of North H.R. 3063: Mr. MCNULTY, Mr. STARK, Mr. KING of Iowa, Mr. DELAY, Mr. TAUZIN, Mr. Carolina. FROST, Mr. KENNEDY of Rhode Island, Ms. BARTON of Texas, Mr. SESSIONS, Mr. REY- H.R. 3004: Ms. KILPATRICK, Mr. KILDEE, Ms. NORTON, Ms. MILLENDER-MCDONALD, Mr. NOLDS, Mr. AKIN, Mr. TURNER of Texas, Mr. MCCOLLUM, Mr. MCNULTY, and Mr. LEWIS of LEWIS of Georgia, Mr. MCDERMOTT, and Mrs. BLUNT, Mr. BONNER, Mr. SMITH of Texas, Mr. Georgia. TAUSCHER. CRANE, Mr. KELLER, Mr. SCHROCK, Mr. H.R. 3011: Ms. WATERS, Mr. HINCHEY, Mr. H.R. 3077: Mr. TIBERI. GREENWOOD, Mr. BEAUPREZ, Mr. DEAL of CALVERT, Mr. COSTELLO, Ms. LEE, Mrs. H.R. 3080: Mrs. JONES of Ohio. Georgia, Mr. TOM DAVIS of Virginia, Mr. MUSGRAVE, Ms. ROYBAL-ALLARD, Mr. EVANS, H.J. Res. 62: Mr. MICHAUD. MURPHY, Mr. NUNES, Mr. REHBERG, Mr. Ms. ESHOO, Mr. HALL, Mr. WYNN, and Mr. H. Con. Res. 50: Mr. KING of Iowa. FORBES, Mr. MILLER of Florida, Mr. GOOD- POMBO. H. Con. Res. 87: Mr. HINCHEY. LATTE, Mr. LINCOLN DIAZ-BALART of Florida, H.R. 3012: Mr. BISHOP of New York, Mr. H. Con. Res. 91: Mr. SMITH of Washington. Mr. MARIO DIAZ-BALART of Florida, Mr. ENGEL, Mr. WALSH, Mr. MCNULTY, Mr. KING H. Con. Res. 202: Ms. BORDALLO. CHOCOLA, Mrs. NORTHUP, Mr. CANTOR, Mr. of New York, Mrs. LOWEY, Mr. SERRANO, Mr. H. Con. Res. 213: Mr. GORDON. SHADEGG, Mr. FROST, and Mr. GREEN of Wis- MEEKS of New York, Mr. HINCHEY, Mrs. H. Con. Res. 235: Mr. MENENDEZ. consin. MALONEY, Mr. NADLER, and Mr. WEINER. H. Con. Res. 247: Mr. SHIMKUS and Mrs. H.R. 2956: Mr. KIRK, Ms. BALDWIN, and Mr. H.R. 3022: Mr. LEWIS of Georgia, Mr. MUSGRAVE. FOSSELLA. MCDERMOTT, Mr. PALLONE, and Ms. H. Con. Res. 265: Mr. HOLT and Mr. PLATTS. H.R. 2998: Mrs. JONES of Ohio, Mr. KIRK, SCHAKOWSKY. H. Res. 103: Ms. MCCOLLUM, Mr. MICHAUD, Mrs. EMERSON, Mrs. DAVIS of California, Mrs. H.R. 3034: Mrs. CAPPS, Mrs. CHRISTENSEN, Mr. HOEFFEL, and Mr. HOLDEN. MYRICK, Mr. DOOLITTLE, Mr. BAIRD, Mr. and Mr. MEEKS of New York. H. Res. 157: Mr. WALSH, Mr. UPTON, Mr. UPTON, Mr. MCKEON, Mr. VAN HOLLEN, Mr. ILLENDER C ONALD CALVERT, Mr. LANTOS, and Ms. WOOLSEY. ETHERIDGE, Mr. ALEXANDER, Mr. CARDIN, Mr. H.R. 3049: Ms. M -M D , Mr. H. Res. 320: Mr. HINCHEY. MOLLOHAN, Mr. ANDREWS, Mr. HASTINGS of FILNER, Mr. BROWN of Ohio, Mr. SERRANO, H. Res. 342: Mr. TAUZIN. Florida, Mr. FILNER, Mr. KENNEDY of Rhode Mr. FROST, Mr. HOEFFEL, and Mr. RYAN of Island, Mr. SCHIFF, Mr. OLVER, Mr. TIAHRT, Ohio. f Mr. PORTER, Mr. ROGERS of Alabama, Mr. H.R. 3052: Mr. BURTON of Indiana and Mr. GORDON, Mr. POMEROY, Mr. GUTIERREZ, Mr. GARRETT of New Jersey. BISHOP of Utah, Mr. PASTOR, Mr. WHITFIELD, H.R. 3057: Mr. BOUCHER. DELETIONS OF SPONSORS FROM Mr. PAUL, Mr. MCDERMOTT, Mr. BOOZMAN, H.R. 3058: Mr. BOEHLERT, Mr. TANNER, Mr. PUBLIC BILLS AND RESOLUTIONS Ms. WATERS, Mr. ROSS, Mr. REGULA, Ms. LIPINSKI, Mr. DEMINT, Mr. LUCAS of Ken- Under clause 7 of rule XII, sponsors tucky, Mr. KING of Iowa, Ms. HART, Mr. GINNY BROWN-WAITE of Florida, Mr. MURPHY, were deleted from public bills and reso- Mr. WAXMAN, Mr. CALVERT, Mr. MCINNIS, Mr. SHERMAN, Mr. MCHUGH, Mrs. JOHNSON of Con- EVANS, Mr. LEACH, Ms. DELAURO, Mr. necticut, Mr. ETHERIDGE, Mr. EHLERS, Mr. lutions as follows: SERRANO, Mr. HINOJOSA, Mr. PUTNAM, Ms. ABERCROMBIE, Mr. HAYWORTH, and Mr. H.R. 2038: Mr. KIND. LINDA T. SANCHEZ of California, Mr. HOSTETTLER. H.R. 2225: Mr. GONZALEZ.

VerDate jul 14 2003 06:19 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A16SE7.052 H16PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, SEPTEMBER 16, 2003 No. 127 Senate The Senate met at 9:30 a.m. and was the robust nuclear earth penetrator. I DISAPPROVING FEDERAL COMMU- called to order by the President pro encourage Members who would like to NICATIONS COMMISSION BROAD- tempore (Mr. STEVENS). speak to that amendment to remain CAST MEDIA OWNERSHIP RULE following the vote on the FCC resolu- The PRESIDENT pro tempore. Under PRAYER tion. It is hoped we can dispose of that the previous order, the Senate will re- The Chaplain, Dr. Barry C. Black, of- amendment and continue with addi- sume the consideration of S.J. Res. 17, fered the following prayer: tional amendments to the energy and which the clerk will report. Let us pray. water appropriations bill. The legislative clerk read as follows: Eternal and Almighty God, You are Rollcall votes will occur throughout A joint resolution (S.J. Res. 17) dis- the alpha and omega, the beginning the day as we attempt to finish our approving the rules submitted by the Federal and the ending. Keep us alert to the work on this bill, which will be the Communications Commission with respect needs of our time. Give us enough hu- sixth appropriations bill to be com- to broadcast media ownership. mility to respect the opinions of others pleted. The PRESIDENT pro tempore. The and enough wisdom to acknowledge our In addition, we will resume consider- time until 10:45 is equally divided be- common humanity. Give this Senate a ation of the House message to accom- tween the two leaders or their des- unity of mind and purpose and the real- pany S. 3, the partial-birth abortion ignees. ization that all things work together ban, for the remaining 6 hours. Last Who yields time? for good to those who love You. Bless night, the Senate used 2 of the 8 hours The Senator from North Dakota. our military men and women who that were provided under the previous Mr. DORGAN. Mr. President, I yield stand as guardians of our freedoms. unanimous consent agreement. We will 10 minutes to the Senator from Texas. Lord, from the cradle to the grave, we return to the debate following today’s Before yielding, let me just briefly need You. Guide and sustain us until action on the energy and water bill. say, this resolution of disapproval deal- the journey ends. We pray this in Your Also, today, we will recess from 12:30 ing with the rules on broadcast owner- strong Name. Amen. to 2:15 for the weekly party luncheons ship by the Federal Communications to meet. f Commission is a rarely used—— f Mr. MCCAIN. Mr. President, is the PLEDGE OF ALLEGIANCE Senator from North Dakota granting RECOGNITION OF THE ACTING The PRESIDENT pro tempore led the himself time? MINORITY LEADER Pledge of Allegiance, as follows: Mr. DORGAN. Mr. President, there is I pledge allegiance to the Flag of the The PRESIDENT pro tempore. The 30 minutes granted to each side, as I United States of America, and to the Repub- acting minority leader is recognized. understand it. lic for which it stands, one nation under God, Mr. REID. Mr. President, I think we The PRESIDENT pro tempore. The indivisible, with liberty and justice for all. might be in a position to set a time for time until 10:45 is equally divided. f a vote on the Feinstein amendment. If Mr. DORGAN. Mr. President, let me we do that, I think it would be to ev- grant myself such time as I may con- RECOGNITION OF THE MAJORITY eryone’s best interests. Maybe it could sume. Then I will yield 10 minutes to LEADER be right after the caucuses or some- the Senator from Texas. The PRESIDENT pro tempore. The thing such as that. The PRESIDENT pro tempore. The majority leader is recognized. Mr. FRIST. Mr. President, at this Senator is recognized. f juncture, until I talk to our manager of Mr. DORGAN. I was simply making the bill, I do not want to establish a the point that this is a resolution of SCHEDULE fixed time. I do want to proceed to that disapproval. It is rarely used in the Mr. FRIST. Mr. President, this morn- vote earlier rather than later. We will Senate. I think this is only the second ing the Senate will resume debate on continue that discussion and under- time it has been used. But this is a S.J. Res. 17, relating to the disapproval stand that they are ready fairly early critically important issue. We will of an FCC rule. Under the order, the in the day. have a number of speakers describing vote will occur on passage of that reso- f why this resolution of disapproval has lution at 10:45 this morning. been brought to the floor of the Senate. Following that vote, the Senate will RESERVATION OF LEADER TIME I yield 10 minutes to the Senator resume consideration of the energy and The PRESIDENT pro tempore. Under from Texas. water appropriations bill. Pending is the previous order, the leadership time The PRESIDENT pro tempore. The the Feinstein amendment relating to is reserved. Senator from Texas.

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

S11501

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VerDate jul 14 2003 04:15 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A16SE6.167 S16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1789 EXTENSIONS OF REMARKS

HONORING ARMY SPECIALIST 100th anniversary of the congregation, and I RECOGNIZING KIMBERLY SUE RAFAEL NAVEA am pleased to recognize this milestone in To- ATHIE—FIRST PRIZE RECIPIENT ledo’s Hungarian community’s history. IN THE 2003 NATHAN BURKAN MEMORIAL COMPETITION HON. PETER DEUTSCH As Toledo’s Hungarian neighborhood grew OF FLORIDA toward the end of the nineteenth century, Rev- IN THE HOUSE OF REPRESENTATIVES erend Eiek Csutoros of the Cleveland Re- HON. SAM GRAVES OF MISSOURI Tuesday, September 16, 2003 formed Church held the first church service for IN THE HOUSE OF REPRESENTATIVES Mr. DEUTSCH. Mr. Speaker, it is with great Toledo’s Hungarian Protestants in 1893. In honor that I rise today to honor the life and 1898, 45 Hungarian Protestants came to- Tuesday, September 16, 2003 military service of Army Specialist Rafael gether to discuss the formation of an Hun- Mr. GRAVES. Mr. Speaker, I proudly pause Navea, a soldier who was killed August 27th garian Reformed Church. Reverend Csutoros, to recognize Kimberly Sue Athie, a very spe- in Al-Fallujah, Iraq, about 40 miles west of serving as an advisor, recommended they join cial young woman who has exemplified the Baghdad during his dedicated service to our Reformed Church in the USA. In 1901, the To- finest qualities of citizenship and leadership. nation. ledo Hungarian Reformed Church was offi- She has been honored with the award of dis- Born in Michigan, Navea was raised in Ca- cially recognized as a member of the Tiffin tinction as the first prize winner in the 2003 racas, Venezuela, where he attended Catholic Nathan Burkan Memorial Competition for her East Ohio Classis. The church’s first leaders School and later enrolled in a military school. paper ‘‘Open Source Software Licenses: To- It was a lifelong dream of his to be in the mili- were John Nagy, John Jakesy, Julius Simon, morrow’s Future? Are They Going to be En- tary and follow the footsteps of his Uncle Fer- Gabriel Bertok, Stephen Molnar, and John forceable in Court?’’ nando, a military officer in Colombia. Navea’s Takacs. The church, still at its original site, The competition is conducted to enhance in- family later moved to Miami and later Pitts- was purchased for $1,225.00. After a rocky terest in the impartial study and analysis of burgh, where Rafael joined the military in two years and with the installation of pastor copyright and related laws and is sponsored 1993. Stephen Harsanyi, the present church was by the American Society of Composers, Au- Upon serving for four years in the Army, constructed and a congregation of 284 found- thors, and Publishers. Navea transferred to reserve status in an ef- ing members was established. Many of the Kimberly graduated from the University of fort to pursue an education at a technical first names are still recognizable in the con- Missouri-Kansas City School of Law in May school, specializing in the study of computers. gregation today, generations later. 2003, and received her undergraduate degree While attending school and working at the Uni- from Truman State University. While attending versity of Pittsburgh Medical Center (UPMC), The following decades brought growth to the law school, Kimberly established herself as a he met his wife, Marina, a transplant nurse church, with the organization of a Sunday well-rounded student by serving as a Westlaw there at the hospital. Later, Marina and Rafael School, Ladies’ Aid, Boys Athletic Club, Cher- Student Representative, Editorial Associate for started a family, and the couple had three ub Choir, and Youth Organization, building ex- Urban Lawyer, Academic Enrichment Teach- boys—now ages 11, 5, and 3. pansions including a parsonage, educational ing Assistant, was a member of Phi Alpha A loving father and a dedicated soldier to building, and hall, and increasing service to Delta, and by making the Dean’s List. his country, Rafael viewed his role in liberating the neighborhood. Services were preached in Mr. Speaker, I proudly ask you to join me in the Iraqi people with a great sense of urgency both English and Hungarian, as the commending Kimberly Sue Athie for her many and duty. He often spoke of the poverty he achievements and in wishing her the best of congregants’ ties to Hungary remained strong witnessed in Iraq, similar to the conditions he luck in her future. even while they established themselves in the encountered as a young boy in South Amer- f ica. From this experience, Navea wanted to United States. help the people of Iraq achieve a better quality The recorded history of the church notes its ON THE OCCASION OF PRIME MIN- ISTER SABA AL-AHMED AL- of life. Additionally, Navea spoke to his mother difficult beginnings, describing the ten year about the dangers of terrorism and how some- SABAH’S VISIT TO THE UNITED journey to bring the dream of a dedicated STATES thing needed to be done to prevent its spread band of believers to fruition, explaining, ‘‘The across the globe and make the world a safer beginnings were not easy, there were many and better place for his children. obstacles in the way. The history of our HON. DARRELL E. ISSA Mr. Speaker, it is, indeed, truly a sad mo- OF CALIFORNIA church reads like a novel; filled with pathos, ment to stand here today and honor the life of IN THE HOUSE OF REPRESENTATIVES this fallen soldier. However, I am comforted by drama, laughter, on the brink of defeat, then Tuesday, September 16, 2003 the fact that Specialist Navea has left a lasting triumphant.’’ Those early pioneers never legacy as an exemplary father, a loving son, wavered from their goal of worshiping in com- Mr. ISSA. Mr. Speaker, I rise today on the and a true American hero. Rafael Navea is munion with each other, and they were guided occasion of the visit of Prime Minister Sheikh survived by his mother Maria Lucia Kilpatrick by the words of Luke 1:37 that ‘‘With God, all Sabah al-Ahmed al-Sabah of Kuwait to ex- of Weston, Florida, and his wife Marina and things are possible.’’ Calvin United Church of press my gratitude and sincere appreciation to three children of Fort Still, Oklahoma. Christ stands as a monument to the persever- him and his government for their steadfast support for the United States-led coalition in f ance and faith of its founders and all who Operation Iraqi Freedom. have come after them. It tells of the struggle HONORING THE 100TH ANNIVER- Since its independence in 1961, Kuwait has SARY OF THE CALVIN UNITED and success of people who achieved though maintained close relations with the United CHURCH OF CHRIST starting with humble means. As our commu- States. Like the people of Iraq, Kuwait is in a nity celebrates the centennial year of Calvin unique position to understand the brutality of HON. MARCY KAPTUR United Church of Christ, we watch the cen- Saddam Hussein’s regime. It was invaded by OF OHIO tury’s story pass in review, but turn to the fu- Iraq in August of 1990, and the Kuwaiti people IN THE HOUSE OF REPRESENTATIVES ture with hope and a renewed sense of dedi- experienced firsthand Saddam’s brutality cation. Onward! throughout the seven months of occupation Tuesday, September 16, 2003 until February of 1991, when coalition forces Ms. KAPTUR. Mr. Speaker, after a decade liberated Kuwait. of trying, Calvin United Church of Christ was Since the terrorist attacks of September 11, officially organized. Thus, 2003 marks the 2001, Kuwait has been an active partner with

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

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K16SE8.001 E16PT1 E1790 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 the United States in the global war on ter- resentative of the 15th Worcester District of friend in Norm Moll. As 2003’s harvest ap- rorism. During Operation Iraqi Freedom, Ku- Massachusetts, who is being honored as the proaches, it seems a fitting time to look back wait provided vital assistance to the United ‘‘Grand Marshal’’ by the Worcester Columbus on Norm’s service with the county office of the States and its coalition partners, including ac- Day Parade Committee for 2003. Cooperative Extension Service, from which he cess to airports, port facilities and bases. State Representative Pedone is currently has now retired. During Operation Iraqi Freedom, Kuwait was serving his sixth term as a State Representa- Norm Moll’s life has been spent in agri- subject to attack by twenty ballistic Iraqi mis- tive from Worcester. He serves on the House culture, from his boyhood on a livestock farm siles. Despite these attacks, Kuwait was un- Ways and Means Committee and is Vice in Fulton County. He holds graduate and unwavering in its support of the United States, Chairman of the Science and Technology dergraduate degrees in horticulture, and has providing us with protection and basing sup- Committee. State Representative Pedone studied biometrics and the marketing of port for our troops. In addition, since the end works hard for his constituents; whether secur- produce. He served as the chief of the Lucas of the major hostilities with the Saddam Hus- ing funding for various economic development County Extension office since 1980. Under his sein regime, Kuwait has stepped forward to projects or delivering services to the most vul- extremely capable tenure, the office developed provide substantial humanitarian assistance to nerable citizens in his district. Upon his elec- the Agricultural Business Enhancement Cen- Iraq in support of coalition goals. tion in 1993, State Representative Pedone ter, Master Gardener initiative, gypsy moth I am pleased that Prime Minister Al-Sabah made the following commitment to the people suppression to save the region’s oak savan- has this opportunity to visit. I thank him for his of the 15th Worcester District, ‘‘I will work as nah, urban horticulture opportunities, and de- work in building the friendship between our hard as I can to represent you in a profes- velopment projects with 4–H, community gar- two countries. sional, ethical, and honorable way’’. den clubs, greenhouses, and the agricultural f State Representative Pedone grew up in the community. His expertise was sought by peo- IN RECOGNITION OF PORT CLIN- neighborhood he now serves, the grandson of ple far afield, and methodical planning was his TON, OHIO’S 175TH ANNIVERSARY Italian and Irish immigrants. Just recently he hallmark. His contributions to agricultural re- and his wife Toby became parents for the first search and development leading to valued- HON. MARCY KAPTUR time. Together, they renovated the house that added agriculture include: rebirth of the Toledo his grandfather built on East Park Terrace, OF OHIO Farmers Market; innovations for new crops, to- IN THE HOUSE OF REPRESENTATIVES and they plan to raise their family in the com- matoes, vegetables and livestock; and initi- munity they love so much. ation of the ‘‘glasshouse.com’’ website as a Tuesday, September 16, 2003 Mr. Speaker, I am sure that the entire U.S. new marketing site of our region’s greenhouse Ms. KAPTUR. Mr. Speaker, on September House of Representatives joins me in con- industry. 20, 2003, Port Clinton, Ohio will mark its 175th gratulating State Representative Vincent Now in retirement, Norm Moll will have the anniversary. The town along the shores of Pedone for this high honor. time to devote to his own horticultural pursuits. Lake Erie will celebrate this milestone with a f His Toledo, Ohio yard will bear the fruits of his daylong party featuring historic re-enactors, labor as our community learns to move for- RECOGNIZING JESSE D. MCCALL, old-fashioned food and contests, a parade and ward without his effective quiet countenance. JR. FOR ACHIEVING THE RANK fireworks. The city will pay tribute to its fishing We wish for him a retirement full of all those OF EAGLE SCOUT and boating heritage focusing on a display of things he most enjoys and with those for vintage Lake Erie boats, fried fish dinners, and whom he cares. We extend a deep and sin- a giant walleye shaped birthday cake. HON. SAM GRAVES cere thank you to Norm for his life of service In our nation’s infancy, New York statesman OF MISSOURI to our country and community. and the father of the Erie Canal DeWitt Clinton IN THE HOUSE OF REPRESENTATIVES suggested a canal from the Portage River in f Northwest Ohio down to the Ohio River in Cin- Tuesday, September 16, 2003 cinnati. Although the canal was not built, four Mr. GRAVES. Mr. Speaker, I proudly pause NATIONAL SMALL BUSINESS years later in June of 1828, Ezekiel Haines to recognize Jesse D. McCall, Jr., a very spe- WEEK founded Port Clinton at the proposed canal’s cial young man who has exemplified the finest beginning. He named the town he founded in qualities of citizenship and leadership by tak- HON. DARRELL E. ISSA honor of DeWitt Clinton in tribute to Mr. Clin- ing an active part in the Boy Scouts of Amer- ton’s vision. The town lay on the Eastern edge ica, troop 692, and in earning the most pres- OF CALIFORNIA of Northwest Ohio’s Great Black Swamp and tigious award of Eagle Scout. IN THE HOUSE OF REPRESENTATIVES was home to many tribes of Native Americans Jesse has been very active with scouting, Tuesday, September 16, 2003 who hunted and fished its marshes and water- participating in many troop activities since ways. Fishing was the mainstay of the town’s starting in Boy Scouts in second grade. Jesse Mr. ISSA. Mr. Speaker, I rise today for the first settlers, and remains so today. has earned 34 merit badges, and served as a purpose of recognizing all small businesses as The city has many marinas, and boats were scribe, patrol leader, assistant senior patrol part of National Small Business Week. This built in Port Clinton until 1974. Although they leader, tribesman, and a brave in the tribe of week we honor the small business owners are no longer built in the community, Port Clin- mic-o-say. He has also been involved in other across the nation who work to make our coun- ton’s marinas are home for many commercial activities, including student senate, youth try strong. and recreational boats and the docks of the group, sports, and band. Small businesses represent the backbone of Port Clinton Fish Company are still in service. For his Eagle Scout project, Jesse painted the American economy and are the key to Even though it has developed through the 331 yellow striped lines and 8 handicap economic stimulus. Small business accounts decades into a commercial center and home spaces for St. John La Lande Church parking for 99.7 percent of the nation’s employers, to business, industry, and tourism, Port Clinton lot. employing 52 percent of the private work has never lost its flavor as a small lake town. Mr. Speaker, I proudly ask you to join me in force, contributing 47 percent of all sales in Superbly situated between Lake Erie and commending Jesse D. McCall, Jr. for his ac- the country and 50 percent of the private beautiful natural refuges, Port Clinton remains complishments with the Boy Scouts of Amer- gross domestic product. an idyllic waterfront community. I join with its ica and for his efforts put forth in achieving the This year, Congress has passed legislation residents in proudly sharing its 175th birthday. highest distinction of Eagle Scout. that provides new tax incentives to make it f f easier for small businesses to make job-cre- HONORING STATE REPRESENTA- ating investments and given small business HONORING NORM MOLL TIVE VINCENT PEDONE owners more power to provide health care for their employees. It is important that Congress HON. MARCY KAPTUR continue to champion legislation designed to HON. JAMES P. McGOVERN encourage this shared prosperity. OF MASSACHUSETTS OF OHIO Again, it is my pleasure to recognize the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES men and women who run and own small busi- Tuesday, September 16, 2003 Tuesday, September 16, 2003 nesses. Let’s continue to support hardworking Mr. MCGOVERN. Mr. Speaker, I rise today Ms. KAPTUR. Mr. Speaker, for 36 years, American workers and entrepreneurs by en- to pay tribute to Vincent Pedone, State Rep- agriculture in Lucas County, Ohio, has had a couraging small businesses growth.

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.003 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1791 HONORING THE SHREWSBURY grew and changed, so too did First Baptist It is also appropriate that we remember PUBLIC LIBRARY Church. Today, its congregation can look back the thousands of military professionals who on a journey weathering hard times and good, have passed through the doors of Bell Hall en route to prominence in the spotlight of his- HON. JAMES P. McGOVERN tests and successes, drama and triumph. The tory or, more often, to the unlit corners of OF MASSACHUSETTS journey continues, and First Baptist’s mem- the globe and the ironically brighter glow of IN THE HOUSE OF REPRESENTATIVES bers look forward to the future even as they heroism in all its forms known only to the celebrate their history. colleagues with whom they served. In a very Tuesday, September 16, 2003 In John 8:12, we are reminded of Christ’s real sense, they, and all of you, have brought Mr. MCGOVERN. Mr. Speaker, I rise today promise that ‘‘I am the light of the world: he us to this place and time in history. to join the community of Shrewsbury, Massa- that follows me shall not walk in darkness, but It is also appropriate to recognize our hosts this evening. The Military Order of chusetts in celebrating the 100th birthday of shall have the light of life.’’ For 150 years, the World Wars has always been active in work the original building of the Shrewsbury Public faithful of First Baptist Church in Toledo have to support men and women in uniform. Library. tried to followed our Lord’s Word and live a Through a long and storied history of over Dedicated in September 1903, through the Christ-centered life. The fruits of their labor eighty years, the Order has stood tall. generosity of a trust fund established by Jubal may be seen in the continuity of their church, Among many other achievements, the Order Howe, the library has served the town well and its viability in our community over genera- successfully revived the dormant Purple from its central location on the town common. tions. I join with the congregation of First Bap- Heart award for service members injured in combat and successfully lobbied Congress for The Artemas Ward annex was added in 1922 tist Church and our entire community in con- creation of the nation’s annual Armed in memory of the Revolutionary War hero, and gratulating the church on reaching its mile- Forces Day observance. in 1978 a town meeting voted a major addition stone 150th anniversary. May these first 150 I’d like to particularly thank the Greater and renovation project. For those who could years be the inspiration for the next. Onward! Kansas City Chapter of this fine organization for making tonight’s event an annual tradi- not travel to the library, Anthony and Olive f Borgatti donated a bookmobile in 1959 that for tion over the past 14 years. Jim and Pat Sny- many years traveled to neighborhoods with an A SPEECH BY ADMIRAL JAMES O. der have worked very hard to make this ELLIS night a success, and I particularly want to assortment of reading materials for loan. thank them. Today, the Town of Shrewsbury is again look- They are in good company, as part Kansas ing at ways to expand the size of the library HON. IKE SKELTON City chapter alumni include former Presi- dents and Army veterans Harry Truman and to keep up with a growing population. OF MISSOURI The Shrewsbury Public Library is one of the Dwight Eisenhower. IN THE HOUSE OF REPRESENTATIVES finest in the area and includes 135,000 books, The world has changed a great deal since Tuesday, September 16, 2003 these two gathered in this group. Foes have 354 art prints, over 3,500 videocassettes, and become friends, prosperity and democracy subscriptions to 14 newspapers and over 160 Mr. SKELTON. Mr. Speaker, on August 15, have spread underneath an international se- magazines. It has the second highest library at the annual Military Order of World Wars curity umbrella and alliances and coalitions circulation in Worcester County. The library and International Officers Ball, Admiral James that no one would have dreamed of a decade has children’s story hours, conversation cir- O. Ellis, Jr., Commander of the United States and a half ago have become reality. There is cles, book discussion groups, and family ac- Strategic Command, provided us with words cause for optimism, even in the face of to- tivities. With 100 years history in this library day’s stark realities. As Secretary Colin that should be shared with all. I extend his re- Powell’s fourth law says: ‘‘It CAN be done!’’ building, many wonderful stories have been marks for fellow Members of Congress. I know Last March, Japan’s Prime Minister told and enjoyed. Many lessons have been that we can benefit from his words as we face Koizumi said ‘‘I am convinced that the time learned and many adventures have occurred international challenges. will come when many countries keenly real- by the simple turning of a page. Congressman Skelton, a true friend and ize the necessity of international collabora- Mr. Speaker, I am sure that the entire U.S. colleague in shared service to our nation tion for world peace, stability and pros- House of Representatives joins me in con- over nearly three decades, Major General perity.’’ I would add only that the time is Shirkey, Brigadier General Hirai and fellow now and the obligations are ours, together. gratulating the Shrewsbury Public Library on A few years ago, I was privileged to com- 100 years of dedicated service to the people officers, active, retired, American and allied, Jim and Pat Snyder, who created this mar- mand NATO’s Allied Forces in Southern Eu- of Shrewsbury. It is an honor for me to be part rope during a significant period of Balkan of this special celebration. velous venue, veterans and members of the Military Order of the World Wars, other dis- conflict. Then, as now, I saw the value of strong alliances of like-minded nations that f tinguished guests, ladies and gentlemen. It’s could, in time of crisis, find a way to both truly a pleasure to be with you this evening. HONORING THE SESQUICENTEN- debate and act to resolve issues of inter- I cannot begin to tell you how much I have national security and humanitarian crisis. It NIAL OF THE FIRST BAPTIST been looking forward to tonight, with its ca- is possible to accommodate legitimate na- CHURCH maraderie and conversation and its sym- tional concerns and still deal swiftly, as we bolism and spirit. I suppose I am the senior must, with dictators and despots. The old Naval Officer for a thousand miles in any di- HON. MARCY KAPTUR saying is that ‘‘much is asked of those to rection, and if my being honored with this OF OHIO whom much is given.’’ We, all of us in this opportunity tells you nothing else, it tells IN THE HOUSE OF REPRESENTATIVES room, have been given much. Now is our you how far we really have come in joint and time to show an understanding of the obliga- Tuesday, September 16, 2003 combined operations. tions that come with all those wonderful op- Congressman Skelton, thank you for your portunities. Ms. KAPTUR. Mr. Speaker, we in Toledo far too generous introduction. Your kind are proud to recognize the sesquicentennial of Every nation—large and small—must con- words actually remind this wonderful audi- tribute to the common good, as the Bible one of our oldest congregations, First Baptist ence of two basic facts about me. The first is says, ‘‘each according to his means.’’ Church. Now in suburban Greater Toledo, that I am old and the second is that I can’t Consider the words of Estonian foreign First Baptist Church was an anchor in central hold a job! minister, Thomas Hendrik. Speaking about Toledo for more than a century. It is still In all seriousness, I cannot tell you how NATO in October 2001, he said, ‘‘The organi- known as ‘‘the friendly church with the caring delighted I am to have a small part in this zation as a whole can only benefit from the great evening. This room is filled with a fact that the alliance includes members spirit’’ and this motto characterizes its con- military presence that, literally, spans a gregation. Its membership sees the church as whose national security is greatly dependent wealth of experience and a world of poten- on the existence of a strong, prestigious, and a home and each other as a family of believ- tial. vital defensive union. The members and the ers. They care for each other, our community, The real guests of honor this evening are, candidate states who make up this alliance, and our world. of course, the military members from the including Estonia, are not just consumers of During the early days of Toledo, Ohio, a seventy-two countries, resplendent in the security, but also very important producers hardy band of believers with a missionary zeal cloth of their nations, who join their Amer- of security’’. joined together in fellowship and formed the ican colleagues in a year of personal promise In other words, we’re all in this together. and professional opportunity. The basics remain the same. First Baptist Church. Right from the start, But it is also a particular honor to be in The challenges we collectively face are not though their mission was to carry the Gospel the company of veterans from what is now all military or political. There are opportu- forth into the world, the church’s members referred to as America’s greatest generation nities to share in a host of common interests have lived God’s Word by example and have but who would only protest they were mere- in trade, technology assistance, culture, edu- strived to serve our community. As Toledo ly doing their duty. cation and athletic exchange. But none of

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.009 E16PT1 E1792 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 these will be possible without collective se- Immediately after the September 11th ter- is about the same as making me the spokes- curity. Ronald Reagan once said, ‘‘There are rorist attacks in New York City and Wash- man for the Hair Club For Men. But that is simple answers, there are just no easy an- ington, DC there were many world leaders why the self-taught, home-schooled, on-the- swers.’’ And the security challenges have and ordinary citizens from many nations job-trained warrior envies you the oppor- never been more difficult as a thousand who expressed their anger at the craven acts, tunity that this year offers. snakes have replaced a single dragon. and support for the United States in con- The value of a Professional Military Edu- One of the security opportunities that fronting what we now know is a global cation is inestimable in today’s world. It ac- works best is what we are seeing here to- scourge. One of them was British Prime Min- celerates your professional life, allowing you night—the faces of military men and women ister Tony Blair who said, ‘‘This is not a bat- to walk in the shoes of hundreds of others, to from many nations, brought together in tle between the United States of America learn from their successes and their failures common interest to learn, share and grow, and terrorism, but between the free and and to create the incredibly valuable capa- both personally and professionally. The goal democratic world and terrorism.’’ bility to think. It also provides a time to is to share strengths and different perspec- Blair said his soldiers would stand shoulder consider what it means to be a professional tives; to appreciate and enjoy different back- to shoulder with Americans and would not soldier, Sailor, airman, Marine or Coast- grounds and cultures, not to eliminate them. rest until evil is driven from our world. He guardsman. The core values of integrity, A bit of humor will often help. and many others have remained true to that service beyond self, and excellence in all we Some years ago I was posted in Bahrain as commitment. do are not only on-duty military values, Captain of the U.S. Navy regional flagship. Just a few weeks ago, Congressman Skel- they are lifetime values. One day a Royal Navy frigate Captain paid a ton was speaking at the Truman Library as Every one of you will gain skills as war- call and asked if I had heard the new joke it opened a new exhibit on the Korean War. riors, and at the same time you will enrich making the rounds of the UK Admiralty. A He talked about the coalition fighting the your lives by participating in the curriculum straight man to the end, I replied, ‘‘No.’’ He war against global terrorism and said, ‘‘What at Leavenworth. Those of you from other said it was about the two American Naval of- they are doing today will set the stage for lands will enrich the American lives you ficers whose ship was sunk, leaving them the next 50 years.’’ touch. stranded on a small desert island—a mound I agree. And you all are the leaders of of sand, a palm tree and just the clothes on And when the time comes to return home today and tomorrow who will get it done. or to your respective services, I hope you their backs. Within two days, he said, they The best of friends, I believe, are those who were working nights. . . . You can make a will take with you a renewed confidence in have demonstrated a resilience and resolve your own abilities to help shape a different lot of telling points with humor! born of their own challenges well and truly Young men and women of 72 nations are world. For your efforts will define, in ways met. Those who, perhaps in a decade or gen- large and small, our future. In the affairs of participating in the Army Command Staff eration or over a long and storied history College at Fort Leavenworth, Kansas, this nations, no outcome is pre-destined. Your have shown they, as a people, have what is presence here is the result of clear vision, de- year. I have been privileged to grow old in necessary to weather any crisis and pass any the service of my country, service that has cisive choice, and unwavering commitment. test that confronts us. The future of individual nations and our alli- allowed me to personally visit 37 of the 72 That’s why we look to those of you from ances will be the result not of inevitability, nations represented here tonight and to other nations who are here tonight. The but of sustained collective effort. serve with half again as many of your profes- Greek warrior Thucydides said, ‘‘We secure It’s effort we must continue to make every sional military forces. Even tonight, I can- our friends not by accepting favors, but by day, every week, every year, in defense of not gaze on your uniform splendor without doing them.’’ beginning a flashback recall of 34 years that It is my expectation that all of you em- our shared freedom. included the skies over Vietnam, a decade in barking on this course of study will be chal- In 1999, as his nation was joining the NATO the Arabian Gulf, from Japan to the Taiwan lenged. It must be so if you are to learn. But alliance, Hungarian Prime Minister Viktor Straits and from Italy into Macedonia, Alba- think of the opportunities this year will Orban said, ‘‘Finding one another is a prom- nia and even a parachute jump into Kosovo. bring and savor every moment. ising beginning, staying together is a proc- We shared dangers, opportunities, chal- It reminds me of a story about a little girl ess, and working together is a success.’’ lenges, commitment and the occasional who had been eagerly looking forward to her So, tonight I challenge those of you from toast. I learned and laughed with friends very first day of school. That evening, when around the world to work together for our from many nations, some of whom I can her father came in from work, he called his shared success. never forget and others whom I only dimly daughter to him and asked her what she Someone once said that a successful mar- remember. But I treasure each experience as thought of school. She looked at her father riage is a sixty-sixty proposition. In that well as the friendship that remain to this and said, very seriously, ‘‘I think I may have light I encourage each of you to strive to put day. And I envy each of you, because your started something I can’t finish.’’ She was more than what you think is your fair share excitement is here and now. right. into this upcoming year; that will, ironically The American writer Ralph Waldo Emer- The serious business of learning more ensure you get out far more than you put in. son once said, ‘‘The only way to have a about others, about this world in which we Encourage one another to gain a deeper un- friend is to be one.’’ The flags decorating live, and about our profession of arms is a derstanding of your part of our world and en- this hotel ballroom represent the nations process we never finish. Congressman Skel- sure that when your time together is ended, who are now friends and partners with the ton is a strong proponent of lifelong edu- you can leave with the regret that character- United States. We truly value your views cation, both formal and informal. Indeed, I izes good friends parting and not the regret and experience in this newly globalized received a letter from him just last month in of tasks left undone or words left unsaid. world. Whether you come from India or Indi- which he enclosed an abbreviated fifty-vol- I would close by reminding you of some- ana, from Kazakhstan or Kansas, your par- ume reading list he personally rec- thing that you already know, but which you ticipation enriches all of us. must never forget, in the words of a leader Earlier, I mentioned the presence in this ommended. This is a man who practices what from another time and another crisis. You room of vast military tradition and experi- he preaches! He believes, as do I, in the truth may not know it, but my Navy family har- ence. Another presence in this room is a spir- of the old maxim, ‘‘If you want a new idea, bors a dark secret. It concerns my son, who, it of teamwork. read an old book!’’ I see it reflected in the faces of men and When you graduate from Army Command despite the efforts of his mother and me to women from other nations who stand with us and General Staff College, I encourage you raise him properly and set him on the right today. Together, we are the best hope for a to view your education as just the beginning path, is a graduate of West Point. He would civilized world as we face an ever-changing or, hopefully, a continuation of what for be embarrassed to hear me speak of it, but, field of security challenges. each of you is a life-long effort to expand in all seriousness, he knows how proud we Teamwork is the mortar for the oper- your horizons to include new ideas and, in so are of him, now in command of Bravo Com- ational bricks of our military super- doing, deepen your understanding and appre- pany, Second Ranger Battalion. He has restructure. There is an old proverb from the ciation of the world around you. cently returned from Afghanistan where for Czech Republic—‘‘Do not protect yourself by My background is Navy, and, as such I am six months he shared dirt, danger and duty a fence, but rather by your friends.’’ The na- arguably not the most credible spokesman in with UK Paras, Italian Carabinieri and sol- tions of our alliances must stand together support of Professional Military Education. diers, new friends from a dozen other na- against those who would threaten the peace Perhaps as a result of our deployment men- tions. and security of our world. We must not hide tality, the U.S. Navy has come late to under- In the four years that his mother and I in the shadows behind ever-taller barriers stand its value. I am embarrassed to admit journeyed up the Hudson to that storied but rather stride confidently into the sun- in front of Congressman Skelton that, de- Point, I came to appreciate the words of a light, unafraid in the company of our friends. spite participating in a dozen Joint Task distinguished graduate of that school who, in This is our time to make a stand. This is our Forces, four combined operations in crisis a moving speech nearly four decades ago de- time to make a difference. and conflict and now leading a major Joint scribed the role of a military in a democratic One of the most encouraging developments Combatant Command, I am not a graduate of society and also described a world whose I’ve seen over my 30–plus years of service is ANY professional military courses. concerns have not changed so much in the the growing strength of the alliances and co- I am embarrassed, but it is true. I once decades since. Perhaps the more things alition partnerships I’ve mentioned. noted that having me speak in favor of PME change, the more they stay the same.

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.013 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1793 General Douglas MacArthur said: ‘‘And portunities in business and industry. With the schools which educate our children, monu- throughout all this welter of change and de- world at his feet, Herb chose to make public ments paying tribute to our efforts as commu- velopment, your mission remains fixed, de- service his vocation, and for that, we should nity and Nation. We owe Toledo’s City Hall, termined, inviolable. It is to win our wars. Everything else in your professional careers all be grateful. Ohio Building, Spitzer Building, Swayne Field, is but a corollary to this vital dedication Mr. Speaker, I ask the House to join me in Toledo Museum of Art additions, Bell Building, . . . You are the ones who are trained to wishing Mr. Leonard the very best in his new Toledo Public Library, Acme Power Plant, fight. endeavors. Standard Oil, Pure Oil, Sun Oil and Gulf Oil ‘‘Let civilian voices argue the merits or de- f refineries, Federal Building, Owens-Illinois Fi- merits of our processes of government; berglass Tower, Medical College of Ohio, whether our strength is being sapped by def- HONORING THE HUNDREDTH ANNI- Davis-Besse Power Plant, Islamic Center of icit financing indulged in too long; by Fed- VERSARY OF THE IRONWORKERS Greater Toledo, Summit Center and the Val- eral paternalism grown too mighty; by power LOCAL #55 groups grown too arrogant; by politics grown entine Theatre to Local 55 members, just to too corrupt; by morals grown too low; by name a few of our region’s significant build- taxes grown too high. HON. MARCY KAPTUR ings whose frameworks were formed by iron- ‘‘These great national problems are not for OF OHIO workers. Now, as its second century dawns, your professional participation or military IN THE HOUSE OF REPRESENTATIVES Ironworkers Local #55 members are under- solution. Your guidepost stands out like a Tuesday, September 16, 2003 taking the construction of our region’s largest tenfold beacon in the night: duty, honor, single project to date: the new 8,800 foot long, country. You are the leaven which binds to- Ms. KAPTUR. Mr. Speaker, one hundred 120 foot high Maumee River Crossing. gether the entire fabric of our national sys- years ago the Ironworkers Local #55 joined to- tem of defense. From your ranks come the I join with members and friends of Iron- gether in union in Toledo, Ohio. lam pleased workers local #55 past and present in cele- great Captains who hold the nation’s destiny to recognize this milestone anniversary and in their hands the moment the war tocsin brating one hundred years of history. It is sound.’’ pay tribute to the union’s courageous founders these ‘‘cowboys of the sky’’, along with fellow He may have been Army, but I can’t im- and all of the men and women who followed members of the building trades, who built prove upon that! Thank you and have a good them over the course of a century. America. We stand along side them and look night. In 1903 the idea of unionization was viewed to the future as together we continue to build f as radical, and often dangerous for those who our Nation. pursued it. Yet, men working to build our cit- HONORING HERB LEONARD ON RE- ies, the bridges, skyscrapers, schools and fac- f TIREMENT FROM THE WASH- tories which were changing the American INGTON METROPOLITAN AREA landscape worked under dangerous conditions CONGRATULATING ROBERT DYNES TRANSIT AUTHORITY themselves. They found themselves not only ON HIS SELECTION AS PRESI- at the mercy of difficult working conditions, but DENT OF THE UNIVERSITY OF HON. ELEANOR HOLMES NORTON subject to forces who did not respect them CALIFORNIA OF THE DISTRICT OF COLUMBIA and the jobs they did. They worked long hours IN THE HOUSE OF REPRESENTATIVES for low pay, no compensation for injury or HON. RANDY ‘‘DUKE’’ CUNNINGHAM sickness, and little if any thought was given to Tuesday, September 16, 2003 OF CALIFORNIA their general welfare. The Ironworkers Union IN THE HOUSE OF REPRESENTATIVES Ms. NORTON. Mr. Speaker, I rise today to itself was only seven years old when Toledo’s Tuesday, September 16, 2003 recognize the work of one of the finest public Local #55 was chartered on February 16, servants with whom I have had the pleasure 1903, 104 members strong. Toledo’s iron- Mr. CUNNINGHAM. Mr. Speaker, I rise of working in the District of Columbia. After 30 workers have been an integral part of the today to congratulate Robert Dynes on his years, Herbert Leonard, Jr., a native Washing- growth and development of the Ironworkers term as Chancellor from 1996 to 2003 for the tonian, will be retiring from his position as the Union since the beginning. University of California at San Diego (UCSD). Government Relations Officer for the District The first recorded ironworker union jobs It is an honor to recognize the accomplish- of Columbia at the Washington Metropolitan came that same year, with the Illinois Steel ments and contributions that Bob has made to Area Transit Authority WMATA. WMATA will Company’s construction of a cantilever bridge this University and the state of California dur- be losing a valued employee and I will be los- and two turntables for the Toledo Furnace ing his tenure. ing a treasured counsel and advocate. Company. Just two years after its founding, Over the past eight years Bob has dedi- Since 1973, Herb has worked closely with Ironworkers Local #55 struck one of Toledo’s cated his life to the University of California at other elected and government officials in the largest and prominent contractors, A. Bentley San Diego and has had numerous challenges District of Columbia as well as civic associa- and Sons. Though the strike was ultimately and accomplishments to prove it. I have per- tions, advisory neighborhood commissions and unsuccessful, the action showed clearly that sonally observed Bob’s term as Chancellor businesses. Over the years, many of these the infant union was willing to battle even the and seen the determined focus of his adminis- groups have recognized Herb for his efforts in largest, most anti-union companies. At the tration to uphold the integrity of this fine Uni- their communities. Today I, too, honor his close of the century’s first decade, Ironworkers versity. One of the missions of his administra- work. Local #55 was firmly established and under tion has been to keep the quality of UCSD’s I cannot count the number of times that the capable and visionary leadership of Wil- faculty at a premium. Bob has maintained this Herb has gone above and beyond the param- liam R. ‘‘Big Bill’’ Walters, the union’s first excellence in addition to a 14% growth in fac- eters of his job in order to assist me in bring- business agent, who went on to serve the ulty. In the past seven years, UCSD faculty ing comfort and support to my constituents. union in various offices until 1935. Since him, has produced two Nobel Prizes, a Fields Whether facilitating transportation for a con- many noble leaders have guided the union Medal, three National Medals of Science, a stituent with disabilities or helping disadvan- through both hard times and prosperity. National Humanities Medal, the Kyoto Prize, taged children at my annual Christmas parties, The union gave its members good jobs with the Enrico Fermi Award, and two MacArthur Herb has been dedicated, respectful, and re- good wages, health care and pension benefits, Awards. sponsive to the needs of the people of the injury compensation, and sickness and death Bob has also helped UCSD broaden the District of Columbia, particularly those in the benefits. Just as importantly, it offered its school’s research and academic portfolios. greatest need of assistance. members and their families the spirit of work- This year alone, UCSD established a School With his energy and intelligence, Herb Leon- ers united in the common goal of bettering the of Pharmacy and Pharmaceutical Sciences, a ard could have been a success in any line of lives of everyone. Out of this spirit came a Management School, and an undergraduate work he desired. Indeed, Herb holds several sense of camaraderie, of loyalty, of protection college dedicated to the integration of tech- U.S. patents and in 1965, he was chosen by and pride in what they were all trying to build nology, culture and the arts. Also on the un- then-Vice President Hubert Humphrey, as one together. I have been privileged to be wel- dergraduate level, under Bob’s leadership, of 85 prominent black businessmen to visit comed into this spirit, and it is uniquely union. UCSD more closely integrated Scripps Institu- predominately black colleges in order to con- A look around our region reveals the action of Oceanography into the curriculum. The vince minority youth of the importance of get- complishments of Ironworkers Local #55 union University has also broadened the curriculum ting a good education and to encourage them members. Their skill and hard work gave us related to diversity, adding a Chicano/Latino to take advantage of the increasing career op- signature bridges, downtown skyline, the Arts and Humanities Minor.

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.015 E16PT1 E1794 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 Student quality at UCSD is at a record high informational meetings and claim assistance build the character and ethic of our commu- under the guidance of Bob Dynes. Student en- sites to assist victims’ families to file for com- nity. rollment has grown 25% since 1996 and qual- pensation with the Victims Fund instead of fil- We extend our heartfelt sympathies to Jim’s ity of life has remained among the highest in ing a lawsuit against the airlines industry. children James Jr, Christine, Kate, and Amy, the University of California system. This year, These efforts should be commended. his brother Robert, and his grandchildren. May UCSD received close to 44,000 applications In light of this reality, however, we believe it they find some comfort in the gift of his life for admissions, the second-highest rate in the is appropriate to extend the deadline for filing and their cherished memories. Jim Brennan system. An accomplishment he is surely proud applications to the Victims Fund to December will be missed. of is the one-year retention rate of 94% of all 31, 2004—an extension of just over a year. f This extension would give grieving families ad- first year students. IN RECOGNITION OF WANDA Bob set high standards for himself and his ditional time to mourn those who were lost RYAN’S ACCOMPLISHMENTS IN administration as well as innovative ways to and to overcome the emotional challenges of THE EDUCATION FIELD meet them. This is the truly the sign of some- filing paperwork with the Victims Fund. Sev- one who is a special leader. I am not just say- eral September 11 victims support groups all ing this because I am his friend; others see agree that such an extension would provide HON. ROBERT E. ANDREWS this quality in him as well. Bob has recently some relief during these dark days for victims’ OF NEW JERSEY been named the 18th president of the Univer- families, as they endure the grieving process. IN THE HOUSE OF REPRESENTATIVES sity of California system by the UC Board of As we continue to reflect upon the tragedy Tuesday, September 16, 2003 Regents. He was selected from a national of September 11th, victims’ families have Mr. ANDREWS. Mr. Speaker. I rise before pool of more than 300 candidates. His rec- many burdens. They do not need this arbitrary you today in recognition of Ms. Wanda Ryan ommendation was made by a Regental selec- deadline confronting them between September who has taught for 40 years with perfect at- tion committee that was assisted by advisory 11 and the year-end holidays. This is some- tendance at the George Washington School committees of faculty, staff, students, and thing we can do now for victims of September located in Camden, New Jersey, in my Dis- alumni. 11. We strongly encourage are colleagues to trict. Ms. Ryan is a shining example of what I would also like to thank Bob for his service support the ‘‘September 11th Victim Com- educators of today should be. to the 50th District of California. He and his pensation Fund Extension Act of 2003.’’ Ms. Ryan had only one leave of absence to administration worked hard to ensure that my f give birth, 28 years ago, to her daughter. She staff was well informed of the University’s ac- went home from work one day and called her complishments, and a variety of issues and HONORING THE LIFE OF JAMES doctor with labor pains. The doctor admitted challenges they have faced over the course of BRENNAN her to the hospital that evening and she gave his term. This University is an important part birth to her daughter. She took a six week ma- of my Congressional District and is important HON. MARCY KAPTUR ternity leave of absence. to all San Diegans. I could not be happier with OF OHIO Barring the birth of her daughter, Ms. Ryan the leadership Bob has provided. IN THE HOUSE OF REPRESENTATIVES has not missed a day of school in her 40 years of teaching 1st grade at the George Mr. Speaker, it is my honor to recognize Tuesday, September 16, 2003 Robert Dynes on this occasion of his tenure Washington School. Ms. Ryan has acted as a as Chancellor of the University of California at Ms. KAPTUR. Mr. Speaker, our home com- teacher-mentor over the years, providing wis- San Diego for his dedication to education and munity of Toledo and the state of Ohio lost a dom and knowledge to share with her fellow his continued role in enriching the lives of stu- champion citizen and patriot with the passing educators. For Mr. Malcolm Adler, Principal at dents across the country. I thank him for his of James Brennan, who passed from this life George Washington, Ms. Ryan serves as an service and wish him continued success in the on August 11, 2003 at the age of 77. exemplar through which he instills the values future. Born in Chicago, Jim attended Drake Uni- of dedication and service in new teachers. versity on a football scholarship. He left to join There are no plans for retirement in Ms. f the Army, but upon his return from service, he Ryan’s future. Her continued passion and INTRODUCTION OF THE ‘‘SEP- attended the University of Chicago. While in dedication have recently earned her out- TEMBER 11TH VICTIM COM- Chicago, he began his lifelong career in poli- standing evaluations from her supervisor and PENSATION FUND EXTENSION tics in 1955. Two years later, Jim moved to Principal. Ms. Ryan is also well respected by ACT OF 2003’’ Toledo and established himself as a business- her colleagues at George Washington who man. He grew Freeman Material Handling, last year voted her ‘‘Teacher of the Year.’’ HON. JOHN CONYERS, JR. now Brennan Industrial Truck Inc, into a viable Mr. Speaker, please join me in congratulating Ms. Wanda Ryan on her dedicated serv- OF MICHIGAN business, which he was able to pass down to ice to the public school system, the George IN THE HOUSE OF REPRESENTATIVES his children. While a prominent successful business leader, Jim extended himself to the Washington School, the City of Camden, and Tuesday, September 16, 2003 broader community, and served on Ottawa the 1st Congressional District of New Jersey. Mr. CONYERS. Mr. Speaker, today I am in- Hills Village Council from 1975 to 1979. He f troducing the ‘‘September 11th Victim Com- followed this service with three tenures as the TRIBUTE TO THE DELAWARE VOL- pensation Fund Extension Act of 2003,’’ legis- chair of the Lucas County Republican Party. UNTEER FIREMAN’S ASSOCIA- lation that extends the deadline for filing a His chairmanship was marked by strong lead- TION AND THE LADIES’ AUXIL- claim with the September 11 Victim Com- ership, civility, honesty and cooperation across IARY LED BY PRESIDENTS JAS- party lines, with his vision always directed to- pensation Fund to December 31, 2004. I am PER LAKEY AND PAT MCCALL joined by Reps. NADLER, SCOTT of Virginia, ward the betterment of our region. In addition ON THEIR NINTH ANNUAL CON- JACKSON LEE, MEEHAN, DELAHUNT, WEINER, to his county chairmanship, Jim also served at FERENCE SCHIFF, LANGEVIN, SCOTT of Georgia, CARSON the grassroots level as a precinct committee- of Indiana, SANDERS, CROWLEY and MORAN. man, state central committeeman, and con- The current deadline for applying for com- vention delegate. HON. MICHAEL N. CASTLE OF DELAWARE pensation from the Victims Fund is rapidly ap- Jim did not limit his civic-mindedness to IN THE HOUSE OF REPRESENTATIVES proaching, but it has become apparent that business and politics. He was a member of many families need more time. Thus far, just the Ohio Board of Regents and trustee of De- Tuesday, September 16, 2003 under a third of eligible families have applied fiance College. He served on the boards of Mr. CASTLE. Mr. Speaker, it is with great to the Fund for compensation—only about the Salvation Army, Goodwill Industries, and pleasure that I rise today as a member of the 1,282 death claims and 1,050 injury claims St. Vincent Hospital and was president of the Congressional Fire Service Caucus to honor have been filed so far by victim families, ac- Toledo Opera Association. All the while Jim and pay tribute to leaders and foundations in cording to the Department of Justice. Brennan was first and foremost a devoted the firefighting community—The Delaware Vol- Ken Feinberg, the Special Master for the family man and caring father and grandfather. unteer Fireman’s Association and the Ladies’ Fund, is doing his best to get victims families A good and kind man beneath a brusque exte- Auxiliary of the Delaware Volunteer Fireman’s to understand their rights. Recently, he has rior, Jim lent his talents to many endeavors, Association. The members of both organiza- even taken out extensive advertisements in a and our community will miss his wit, energy, tions are outstanding, dedicated and caring number of newspapers and created a series of bluster, intelligence, and devotion. He helped Delawareans

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.018 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1795 who make great sacrifices for the well-being tember 10, 1916, in what was then the small times, and inspiring moments. Yet, none will and safety of our great State. On behalf of community of Sylvania outside of the city of rest on the center’s history nor the accom- myself and the citizens of the First State, I Toledo. At the time of her death, she had be- plishment of those who brought it to life, nur- would like to honor these outstanding organi- come a citizen of the world. In all of the ca- tured it, saw it through growing pains, and zations and extend to them our congratula- reers of her life—widowed wife and mother of guide it into maturity. Rather, we cherish the tions on serving Delaware. six children, pastoral associate in the Roman first quarter century and look forward toward Today, I recognize the Delaware Volunteer Catholic Church, executive director of the the bright horizon of tomorrow. Fireman’s Association and the Ladies’ Auxil- West Toledo Senior Center, and elected offi- f iary for more than just the peace-of-mind that cial in the city of Toledo—Eleanor Kahle they bring us. I recognize the groups for being forged new ground. She delighted in the HONORING THE LANSING CITY leaders in the community and pillars of achievements of her sons and family. A de- RESCUE MISSION strength and dedication. Family, friends and voted woman of the church, she became the fellow firefighters should take a moment to first woman to serve as a pastoral associate, HON. MIKE ROGERS truly appreciate the world of difference the and essentially rose to the highest-ranking OF MICHIGAN Volunteer Fireman’s Association and its La- woman in the U.S. Roman Catholic Church at IN THE HOUSE OF REPRESENTATIVES dies’ Auxiliary have made. that time. In 1987, at the age of 70 when most Tuesday, September 16, 2003 people would not dream of making such a In addition to the stature of the two organi- Mr. ROGERS of Michigan. Mr. Speaker, I major change in their life, Eleanor Kahle zations, their respective presidents also de- rise today to honor the Lansing City Rescue began her stellar political career as an elected serve our highest regard. President Jasper Mission for its service and devotion to the less official, winning a seat on Toledo’s city coun- Lakey of the Delaware Volunteer Fireman’s fortunate people in my district. For over ninety cil, and eventually was elected the city’s vice Association has served the Delaware City Fire years, the City Rescue Mission has been pro- mayor. This work led to her involvement in Company for 54 years. In that time, beside the viding warm meals, warm beds and warm Sister Cities International. Eleanor Kahle was great feats and tireless dedication, he has hearts to the people of Lansing who are un- a woman who drank deeply from life’s cup. served as Chief of the Delaware City Fire able to provide for themselves. She was always planning, always working to- Company, Chief at the Texaco Refinery in The Lansing City Rescue Mission opened Delaware City, President of the New Castle ward unmet horizons. In 1977, at the suggestion of Eleanor Kahle, its doors in November of 1911 and while fi- County Volunteer Fireman’s Association and nances were tight, the mission still managed he served for 12 years as a member of the a group of people in West Toledo got together to determine the needs of the area’s 17,000 to provide warm clothing to the needy and Delaware State Fire Prevention Committee. wholesome meals to the hungry. During the His undertakings and accomplishments are al- seniors. Representatives from fourteen different service and church groups ‘‘passed the depression, the mission opened a soup line to most unmatched by anyone in his field. serve the many hungry men and women who Pat McCall presides over the Ladies’ Auxil- hat’’ and collected $12.47. On September 12, 1978, thirty founders ratified a Constitution, were without job, or a home. After several lo- iary and in this capacity she has served the cation changes, the mission settled in its organization extremely well. President McCall and West Toledo Senior People Inc. was born. They began to plan a center dedicated to present location in 1949. That same year, the is a 47 year member of the Christiana Fire mission was incorporated and a board of di- Company Ladies’ Auxiliary and her husband meeting the needs of seniors in the neighborhoods of West Toledo. Under the Older Ameri- rectors was selected. Throughout the 1950’s, Jim has served the Company for 43 years. He the newly incorporated mission continued to was also President of the Delaware Volunteer cans Act, such ‘‘multi-purpose centers’’ offered nutritional meals, learning opportunities, invig- expand; and by 1960 the mission could sleep Fireman’s Association in 1979. The prestige of thirty-seven and feed forty-two. Today, the Mrs. McCall’s family, of course, does not end orating activities, and supportive services to elders in communities all across our Nation. Lansing City Rescue Mission continues to there. Her two granddaughters are now mem- serve the Lansing area with distinction. The bers of the Auxiliary and they have reached a Despite tremendous opposition, West Toledo Senior People doggedly pursued the creation mission has grown to 12 separate buildings tremendous milestone of 5 generations serv- and serves almost 1,500 needy individuals ing the Christiana Fire Company. of a senior citizens center. That dream became a reality in 1979 with the birth of the each year. In 2002, the mission provided al- With the leadership of Presidents Lakey and most 19,000 clean beds and over 53,000 nu- McCall, the Volunteer Fireman and the Ladies thriving West Toledo Senior Center in the renovated Willys Park Shelter House. Over the tritious meals. Auxiliary are certain to continue the great tra- In 2002, President Bush asked all Ameri- following year, 620 volunteers put in nearly ditions of the volunteer firefighting community. cans to devote themselves to the cause of 5,000 hours to make the shelter house the Once again, I thank the Delaware Volunteer community service and volunteerism. Mr. home of the West Toledo Senior Center. Elea- Fireman’s Association and the Ladies’ Auxil- Speaker, The Lansing City Rescue Mission nor Kahle was the center’s first director, lead- iary for the service they have provided Dela- has been answering this call to service since ing its growth until her retirement in 1993. ware over their many years. Their commitment 1911; and thanks to generous donations and Today that center stands, hundreds of seniors to fighting fires and saving lives has earned hardworking volunteers, the Lansing City Res- strong, housed in a large, expanded, pleasant them a permanent place in Delaware’s fire cue Mission will continue to serve for many building, as a true legacy to its founding mem- service history. years to come. On behalf of my constituents f bers. Immediately, the West Toledo Senior Center and the nearly 1,500 people served by the IN RECOGNITION OF ELEANOR made its reputation as an active, involved, mission every year, I ask my colleagues to KAHLE savvy group of people dedicated to making life join me in honoring the Lansing City Rescue better not only for themselves but seniors as Mission. HON. MARCY KAPTUR a whole and our community at large. For f OF OHIO many years the West Toledo Senior Center REGARDING THE SITUATION IN IN THE HOUSE OF REPRESENTATIVES was the largest in Toledo. Its members include CAMBODIA people from every walk of life, multiple gen- Tuesday, September 16, 2003 erations, and all corners of West Toledo. It is HON. JAMES A. LEACH Ms. KAPTUR. Mr. Speaker, September truly a neighborhood center, and all who enter OF IOWA 2003 brings with it the 25th anniversary of the are immediately swept up into activity, delight, IN THE HOUSE OF REPRESENTATIVES Eleanor M. Kahle Senior Center in our district. and camaraderie. The center has weathered Starting life as the West Toledo Senior Center, difficult times as well, as founding members Tuesday, September 16, 2003 it was renamed in 1995 upon the passing of and original activists aged, passed on, and a Mr. LEACH. Mr. Speaker, this summer its founder and guiding light, Mrs. Eleanor new crop of leaders emerged to direct the Cambodia held an important national election Kahle of Toledo, who passed from this life at center in the 21st century. Even as its found- and the world is watching to see how its re- the age of 78 years young on August 13, ers pass into memory, the Eleanor M. Kahle sults are implemented under the Cambodian 1995. Senior Center retains their light, and it con- constitution. In fact, a recognition of the senior center’s tinues to be a beacon in our community. Uniquely, the Cambodian constitution re- milestone cannot be made without a tribute to I join with the center’s long time members quires a two-thirds super majority in the Na- its original inspiration: Eleanor Kahle, Polish- and friends as we look back on a fruitful first tional Assembly in order to form a govern- American by heritage, began her life on Sep- 25 years, remembering old friends, special ment. In the national elections that were held

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.023 E16PT1 E1796 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 July 27, the ruling Cambodian People’s Party conferences, teleconferences, CD-Rom subsidiary agreements between the United (CPP) received 73 seats, while FUNCINPEC courses, and over the Internet. In addition, States and the Republic of the Marshall Is- won 26 and the Sam Rainsy Party 24 seats, courses are offered for pharmacists, physician lands (RMI) and the Federated States of Mi- respectively. King Sihanouk will convene a assistants, and others. The company holds cronesia (FSM). The compacts with RMI and new session of the National Assembly in late more than 5,000 conferences annually around FSM, together with the subsidiary agree- the country. ments, govern the political, economic, and September, at which time parliament will elect military relationship between the United its new leadership as well as discuss the for- The expansion of her business can be seen through the growth of her office space and States and these two freely associated mation of a new government. states. Although the compact does not ex- While these are issues for Cambodians to employees. She started CME Consultants in a pire, certain provisions that authorized fed- decide, it is important that the parties nego- spare bedroom in her home. Later, she added eral funding for RMI and FSM expired in tiate peacefully and in conformity with the con- staff and moved into a 2,000 square foot of- 2001. The compact provides that expired prostitution to form a new government that will fice. The company recently purchased a 3,500 visions be extended until 2003 if negotiations advance the interests of the Cambodian peo- square foot office as the headquarters for her to renew the compact had not concluded by ple. Likewise, it is critical that the rights of the nine employees. 2001. Cambodian people to assemble peacefully As a member of several national and local H.J. Res. 63 would provide financial assist- and express their views and grievances are organizations, Ms. Martelli is an active partici- ance for RMI and FSM for the next 20 years. respected. Nothing could be more counter- pant in her community, and her business The legislation would make several changes productive than resort to violence or coercion. serves the medical community to the benefit of to the compact to increase monitoring of fi- patients nationwide. The goal of all parties must be to realize the nancial assistance, create a joint oversight Ms. Martelli joins a distinguished group of aspirations of Cambodian people for a time of committee, and establish trust funds to pro- Rhode Islanders who have been named Small vide funds to RMI and FSM beyond 2023. H.J. peace and prosperity under accountable and Business Person of the Year. Small busi- Des. 63 also would provide $30 million a year democratic governance. nesses are key to economic growth in my for costs related to the migration of RMI and f home state, and I wish Ms. Martelli and the FSM nationals to other jurisdictions and HONORING VALERIE MARTELLI, 33,000 other small business owners in Rhode about $31 million annually for additional education grants for RMI and FSM. RHODE ISLAND SMALL BUSINESS Island great success in the future. PERSON OF THE YEAR f Consistent with the baseline construction rules in the Balanced Budget and Emergency COST ESTIMATE FOR H.J. RES. 63 Deficit Control Act, CBO’s baseline assumes HON. JAMES R. LANGEVIN that direct spending; for grants to RMI and OF RHODE ISLAND HON. RICHARD W. POMBO FSM will continue over the 2004–2013 period- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA beyond the scheduled expiration date-at an Tuesday, September 16, 2003 IN THE HOUSE OF REPRESENTATIVES average annual cost of $157 million a year. We estimate that enacting this legislation Mr. LANGEVIN. Mr. Speaker, today I rise to Tuesday, September 16, 2003 would increase direct spending by around congratulate Valerie Martelli, who was recently Mr. POMBO. Mr. Speaker, I request that the $680 million above the amounts assumed in honored as the 2003 Rhode Island Small attached cost estimate for H.J. Res. 63, the our baseline projections over the 2004–2013 Business Person of the Year by the United Compact of Free Association Amendments Act period. States Small Business Administration. Ms. of 2003, be submitted for the RECORD under In addition, the legislation would extend Martelli is the President of CME Consultants, General Leave. the authority to appropriate funds for cer- a nationally accredited continuing medical U.S. CONGRESS, tain federal services for RMI and FSM for education company headquartered in Wake- CONGRESSIONAL BUDGET OFFICE, the next 20 years, for grants to pay for costs field, Rhode Island. Washington, DC, September 15, 2003. related to the migration of RMI and FSM na- Ms. Martelli is a living example of the Amer- Hon. RICHARD W. POMBO, tionals to other jurisdictions, and for costs ican dream, and she shows that through hard Chairman, Committee on Resources, House of associated with medical debt referral claims. work and perseverance, success is attainable. Representatives, Washington, DC. Assuming the appropriation of the necessary amounts, CBO estimates that implementing Several years ago, Ms. Martelli was a single DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed esti- these provisions of H.J. Res. 63 would cost mother raising two children with the assistance mate for H.J. Res. 63, the Compact of Free $850 million over the 2004–2013 period. of welfare and food stamps. Today, she is the Association Amendments Act of 2003. H.J. Res. 63 contains an intergovernmental head of a $1.5 million-a-year company in the If you wish further details on this esti- mandate as defined in the Unfunded Man- mate, we will be pleased to provide them. midst of explosive growth. dates Reform Act (UMRA), but relative to After working in Rhode Island Hospital’s The CBO staff contact is Matthew Pickford, who can be reached at 226–2860. current law, that mandate would impose no Medical Education Department, Ms. Martelli costs on state, local, or tribal governments. learned that physicians, nurses, and other pro- Sincerely, ROBERT A. SUNSHINE The resolution contains no private-sector viders could not always attend continuing edu- (For Douglas Holtz-Eakin, Director. mandates as defined in UMRA. cation courses at the times they were offered Enclosure Estimated cost to the Federal Govern- by hospitals and medical schools. Recognizing H.J. Res. 63—Compact of Free Association ment: The estimated budgetary impact of an opening, she founded CME Consultants, Amendments Act of 2003 H.J. Res. 63 is shown in the following table. Inc. in 1994. CME Consultants provides con- Summary: H.J. Res. 63 would amend the The costs of this legislation fall within budg- tinuing medical education classes through live Compact of Free Association Act of 1988 and et function 800 (general government).

By fiscal year, in millions of dollars— 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

DIRECT SPENDING Baseline Spending for Compact of Free Association Under Current Law: Estimated Budget Authority ...... 156 156 156 156 156 156 158 158 158 158 Estimated Outlays ...... 156 156 156 156 156 156 158 158 158 158 Proposed Changes: Estimated Budget Authority ...... 57 59 62 65 67 70 71 74 77 80 Estimated Outlays ...... 57 59 62 65 67 70 71 74 77 80 Spending for Compact of Free Association Under H.J. Res. 63: Estimated Budget Authority ...... 213 215 218 221 223 226 229 232 235 238 Estimated Outlays ...... 213 215 218 221 223 226 229 232 235 238 CHANGES IN SPENDING SUBJECT TO APPROPRIATION Federal Program Services for RMI and FSM: Estimated Authorization Level ...... 60 61 62 64 65 66 68 69 70 72 Estimated Outlays ...... 45 61 62 63 65 66 67 69 70 71 Education Formula Grant Programs: Estimated Authorization Level ...... ¥13 ¥13 ¥14 ¥14 ¥14 ¥14 ¥15 ¥15 ¥15 ¥16 Estimated Outlays ...... ¥1 ¥9 ¥13 ¥13 ¥14 ¥14 ¥14 ¥15 ¥l5 ¥15 Compact Expenses: Estimated Authorization Level ...... 30 31 31 32 32 33 34 34 35 36 Estimated Outlays ...... 30 31 31 32 32 33 34 34 35 36 Medical Referral Claims: Estimated Authorization Level ...... 4 0 0 0 0 0 0 0 0 0 Estimated Outlays ...... 4 0 0 0 0 0 0 0 0 0

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.026 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1797

By fiscal year, in millions of dollars— 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Total Changes: Estimated Authorization Level ...... 81 79 80 82 83 85 87 88 90 92 Estimated Outlays ...... 78 82 81 82 83 85 87 88 90 92

Basis of estimate: For this estimate, CBO provements, disaster assistance, water con- Compact Expenses. The legislation would assumes that the legislation will be enacted sumption, and the construction of student authorize the appropriation of such sums as near the start of fiscal year 2004, that the housing. Based on information from the Of- are necessary through 2023 for grants to Ha- necessary amounts will be appropriated for fice of Insular Affairs and the Office of Man- waii, Guam, American Samoa, and CNMI as each fiscal year, and that outlays will occur agement and Budget, CBO has no expecta- a result of increased demands for health, at the historical rate for grants to RMI and tion that this debt forgiveness authority education, social, and infrastructure services FSM. would be exercised. If any changes were associated with the migration of RMI and Direct spending made to a federal loan using this authority, FSM nationals to these areas. Based on in- H.J. Res. 63 would authorize and appro- such as the $105 million loan to the Guam formation from the GAO, Hawaii, Guam, priate federal funds for economic assistance Telephone Authority from the Department American Samoa, and CNMI, CBO estimates to RMI and FSM over the 2004–2023 period. of Agriculture for telephone infrastructure that the increased demands resulting from Grant assistance would be aimed at needs for improvements, the cost would be recorded in the migration of RMI and FSM nationals education, health, infrastructure, private- the year that the change was effective, pur- cost these areas approximately $60 million sector development, and the environment. In suant to the Federal Credit Reform Act, and annually. Hence, CBO estimates that imple- addition, the resolution would establish could exceed $100 million. No costs for debt menting this provision would cost an aver- trust funds for RMI and FSM involving an- forgiveness are included in this cost esti- age of $33 million annually, or $328 million mate. nual contributions for 20 years by RMI, FSM, over the 2004–2013 period, in addition to the Other Programs and Services. H.J. Res. 63 and the federal government. Those trust $30 million in annual general assistance pay- also would continue to make available serv- funds are aimed at providing funds to RMI ments. ices currently provided by the U.S. Postal Medical Referral Claims. FMS and RMI na- and FSM after federal grant assistance ex- Service (USPS) and Federal Deposit Insur- tionals are sometimes diagnosed with health pires under the bill in 2023. ance Corporation (FDIC). Spending by these conditions that cannot be treated at their CBO estimates that direct spending au- agencies is generally not subject to the an- local hospitals. In such cases, patients may thorized by this legislation would total $2.3 nual appropriations process. Based on infor- be referred to hospitals in Hawaii, Guam, billion over the 2004–2013 period. However, mation from the Office of Insular Affairs, CNMI, or American Samoa for treatment. consistent with the Balanced Budget and CBO expects that mail service to RMI and The cost of treatment at hospitals in other Emergency Deficit Control Act, which speci- FSM costs USPS approximately $1 million jurisdictions can exceed the insurance pay- fies that certain expiring provisions should annually; this cost is reimbursed by the De- ment from RMI and FSM nationals. H.J. Res. be assumed to continue for budget projection partment of the Interior, subject to the 63 would authorize the appropriation of such purposes, CBO’s baseline includes budget au- availability of appropriations. In addition, sums as are necessary to compensate hos- thority and outlays for payments to RMI and CBO expects costs to the FDIC for con- pitals outside RMI and FSM for the cost of FSM totaling $1.6 billion over the 2004–2013 tinuing to insure deposits in the Bank of the services provided to referred RMI and FSM period. Thus, we estimate that H.J. Res. 63 Federated States of Micronesia would be off- nationals that have not been reimbursed would provide an increase in direct spending set by fees assessed on the industry, result- prior to October 1, 2003. Based on informa- of about $680 million above the baseline over ing in no net cost to the federal government. tion from the embassies of RMI and FSM, the 10-year period. The following paragraphs Spending subject to appropriation CBO estimates this provision would cost $4 discuss the financial assistance that would million in fiscal year 2004, subject to the ap- be provided by this legislation. Federal Programs and Services for RMI and FSM. H.J. Res. 63 would specifically ex- propriation of the necessary amounts. Republic of the Marshall Islands. Over the Estimated Impact on state, local, and trib- tend the authority to continue services to 2004–2013 period, H.J. Res. 63 would provide al governments: H.J. Res 63 contains an RMI and FSM provided by the National RMI with grants of $356 million, $99 million intergovernmental mandate as defined in Weather Service, the Federal Aviation Ad- in trust fund contributions, $160 million for UMRA because it would explicitly prohibit ministration, the Departments of Transpor- U.S. defense operations on the Kwajalein states from taxing revenue generated by the tation and Homeland Security, and the Atoll, $20 million to compensate the Kwaja- trust funds established in the legislation and Agency for International Development. lein landholders and RMI for the use of its from treating the funds as anything other Based on information from the Departments territory by the U.S. military, and $14 mil- than a nonprofit corporation. Since the trust of State and the Interior, and the General lion for agricultural programs. funds do not currently exist, this provision Accounting Office (GAO), CBO estimates Federated States of Micronesia. Over the would not affect state budgets relative to 2004–2013 period, H.J. Res. 63 would provide that continuing those programs for RMI and current law and the threshold established in FSM with grants of $793 million and $195 mil- FSM would cost approximately $10 million UMRA ($59 million in 2003, adjusted infla- lion in trust fund contributions. annually, assuming appropriation of the nec- tion) would not be exceeded. General Assistance. The legislation would essary amounts. If H.J. Res. 63 were enacted, affected juris- provide $30 million a year for health, edu- Other federal agencies currently providing dictions, including; Hawaii, Guam, American cation, social, and infrastructure costs asso- programs and services to RMI and FSM in- Samoa, and the Commonwealth of the North- ciated with the migration of RMI and FSM clude the Departments of Labor, Education, ern Mariana Islands, would continue to incur nationals to Hawaii, Guam, American Agriculture, and Health and Human Serv- costs for services to migrants; however, such Samoa, and the Commonwealth of the North- ices. Most of this assistance is provided costs would not be the result of enforceable ern Mariana Islands (CNMI). This general as- through those agencies’ annual appropria- duties imposed by the federal government. sistance would cost $300 million over the tions. Based on information from GAO and The joint resolution would provide $30 mil- 2004–2013 period. the Departments of State, the Interior, and lion per year and would authorize the appro- Education. H.J. Res. 63 would make RMI Education, CBO estimates that these other priation of additional sums as may be nec- and FSM ineligible to receive grants under programs and services for RMI and FSM cur- essary to offset the impacts of migrants on any appropriated formula grant programs rently cost about $50 million a year. Section social services and infrastructure of affected administered by the Secretary of Education. 109 authorizes appropriations to continue jurisdictions. In place of those grants, the legislation federal services and programs to RMI and H.J. Res. 63 also would require affected ju- would provide $29 million adjusted annually FSM, so these costs are included in this esti- risdictions to report each year on the impact for inflation, or a total of $313 million over mate. of the compact; the costs of complying with the 2004–2013 period, for education assistance. Education Formula Grant Programs. H.J. the requirement would be funded from the Debt Forgiveness. Section 104 would allow Res. 63 would make RMI and FSM ineligible $30 million in general assistance. As defined the President—at the request of the Gov- to receive grants under any formula grant by UMRA, such a requirement is not a man- ernors of Guam and the CNMI—to reduce, program administered by the Secretary of date because it is a condition for receiving waive, or release all or part of any amounts Education. Based on information from the federal assistance. Further, the joint resolu- owed by the respective governments to the Department of Education, CBO estimates tion would authorize the President to forgive United States. This authority would expire that RMI and FSM received about $13 mil- certain debts owed to the United States by in February 2005. Based on information from lion under discretionary formula grant pro- Guam and the Mariana Islands. the Office of Insular Affairs, Guam, and the grams in 2003. Assuming future appropria- Estimated Impact on the Private Sector: CNMI, CBO estimates that the amount of tion acts discontinue such funding for RMI H.J. Res. 63 contains no private-sector man- outstanding debt owed to the United States and FSM, this provision would reduce costs dates as defined in UMRA. by Guam and the CNMI is approximately $160 by an estimated $133 million over the next 10 Previous CBO Estimates: On September 15, million. This amount consists of debts owed years, including adjustments for anticipated 2003, CBO transmitted a revised cost esti- by Guam for telephone infrastructure im- inflation. mate for H.J. Res. 63 as reported by the

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.031 E16PT1 E1798 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 House Committee on International Relations how we got here. I further commend him for diately benefited eventually would put their on September 4, 2003, and an estimate for recognizing that the same approach that tax savings back into the economy and thus H.J. Res. 63 as ordered reported by the House helped America recover from the worst eco- feed its recovery and gradual re-employ- Committee on the Judiciary on September ment. This trickle down theory might work 10, 2003. All three versions of this legislation nomic disaster in its history, the Great Depres- in time, but the thousands of unemployed would amend the Compact of Free Associa- sion, can and will work today. don’t have that time as their families do tion. The versions approved by the Commit- Mr. Speaker, a few short weeks ago, I without life’s essentials—food, clothing and tees on International Relations and the Judi- joined the gentleman from Illinois, Mr. shelter. ciary are identical. In contrast, the version COSTELLO, and the rest of my Democratic col- To speed their re-employment, there re- of H.J. Res. 63 approved by the Committee on leagues on the Transportation and Infrastruc- cently have been suggestions, mostly by Resources would provide significantly more ture Committee, in introducing H.R. 2615, the Democrats, that what is needed is the res- funding for RMI and FSM. Our estimates for Rebuild America Act of 2003. This bill is de- urrection of Franklin Roosevelt’s formula to deal with the Great Depression he inherited the different versions of the legislation re- signed to put Americans back to work now— flect those differences. in 1933. Estimate prepared by: Federal Costs: Mat- within 90 days of the bill’s enactment. It in- Roosevelt’s brain trust believed in ‘‘trickle thew Pickford (226–2860) and Donna Wong vests $50 billion in our national economy by up’’ rather than trickle down—give people (226–2820); Impact on State, Local, and Tribal building and improving roads, bridges and work, and the vast payroll spread widely Governments: Sarah Puro (225–3220); and Im- transit systems, expanding airport capacity across the country would speed recovery pact on the Private Sector: Paige Piper/Bach and enhancing safety, rebuilding wastewater from the Depression. (226–2940). systems and treatment plants, upgrading beds His program, called the Works Progress Administration, almost instantaneously put Estimate approved by: Peter H. Fontaine, for high-speed service and many other Deputy Assistant Director for Budget Anal- one-third of the country’s unemployed back ysis. projects. to work—some 8.5 million people. The WPA Over the 10–year life of this bill we can gen- f built what in many ways is the America we erate $310 billion in economic activity and, know today. A PROCLAMATION RECOGNIZING most importantly, create 2.3 million jobs. In the eight years of its existence (until COMMANDER LORIN C. SELBY The Rebuild America Act is built for speed. wartime demands created a labor shortage), It gives priority to projects that are ready for the government-subsidized workers built construction, thereby creating jobs imme- 116,000 buildings—including schools, librar- HON. ROBERT W. NEY ies, hospitals and courthouses—78,000 bridges diately and giving our economy a quick jump- OF OHIO and 651,000 miles of highways, and improved start. Mr. Speaker, if we were to enact this bill IN THE HOUSE OF REPRESENTATIVES 8,000 airports. Among the WPA’s other monu- by the end of September, we could be putting mental achievements: the Golden Gate Tuesday, September 16, 2003 Americans to work by Christmas. Bridge, New York’s Lincoln Tunnel, Vir- Mr. NEY. Mr. Speaker, Whereas, Com- And next Labor Day, Mr. Cronkite can write ginia’s Skyline Drive and the Florida Keys’ mander Lorin C. Selby has completed his tour about all the new jobs we created. Overseas Highway. in the Navy’s House Liaison Office; and I call upon my colleagues to bring up and A similar project today could answer the Whereas, Commander Lorin C. Selby has pass the Rebuild America Act without any fur- urgent need to repair and upgrade the nation’s crumbling infrastructure—our electric demonstrated a commitment to meeting chal- ther delay, and I commend to you all the com- power grids, our bridges and highways, our lenges with dedication, confidence, and out- plete text of Mr. Cronkite’s column, as pub- dams and waterways, our schools. standing service; and lished in the Sioux City Journal, and I ask Such a program would cost billions of dol- Whereas, Commander Lorin C. Selby will unanimous consent to include in the RECORD lars, which our Treasury does not have, continue in his service to the United States of a summary of the Rebuild America Act: thanks to the Bush tax cut and disastrous America as Commanding Officer of the USS LITTLE TO CELEBRATE FOR UNEMPLOYED underestimation of the costs of the Iraq war and reconstruction. What is required now is Greeneville; and So Labor Day comes again. Many will cele- political leaders courageous enough to defy Whereas, in this post Commander Lorin C. brate this annual recognition of the dignity the maxim that no one ever gets elected proof our American labor force. Selby will protect our great nation and play an posing higher taxes. They would call for re- But there is little to celebrate for 9 million important role in the War on Terrorism; peal of the Bush tax cut and the imposition Americans on the unemployment rolls and Therefore, I am honored to join with Mem- of the new taxes that will be necessary not somewhere around 1 million others, our in- bers of Congress and Congressional Staff in only to put our unemployed to work but to visible unemployed, who we are told have begin reducing the national debt, that finan- recognizing a true patriot, Commander Lorin yielded to soul-searing despondency and no cial burden that we are unconscionably C. Selby. longer even seek work. Maybe we should about to unload on future generations. f make them visible. We could put yellow ribbons on their homes in the same manner we A BILL TO REBUILD AMERICA BY INVESTING IN PUT AMERICANS BACK TO WORK: recognize our heroes, for those civilians who, TRANSPORTATION AND ENVIRONMENTAL IN- PASS THE REBUILD AMERICA ACT through no fault of their own, have fallen on FRASTRUCTURE AND SECURITY outrageous fortune. HON. JAMES L. OBERSTAR As they get jobs, the yellow ribbons would [Introduced by Cong. Costello, Cong. Davis, be removed. Perhaps that would make it Cong. Oberstar and other Democratic OF MINNESOTA harder for administration representatives to Members of the Committee on Transpor- IN THE HOUSE OF REPRESENTATIVES disguise how serious the unemployment tation and Infrastructure, June 12, 2003] Tuesday, September 16, 2003 problem really is. $50 BILLION FOR INFRASTRUCTURE INVESTMENT We might note here that the frightening Provide $50 billion for infrastructure in- Mr. OBERSTAR. Mr. Speaker, on Sep- number of unemployed does not include the vestment to enhance the safety, security, tember 1, we celebrated Labor Day, a day to tens of thousands of others who have lost and efficiency of our highway, transit, avia- honor America’s working men and women. On good jobs in industry and commerce and tion, rail, port, environmental, and public that same day, America’s most respected jour- have only been able to find work in menial buildings infrastructure. By leveraging Fed- nalist, Walter Cronkite, wrote a newspaper col- or low-paying temporary jobs. At the same eral investments, the ten-year cost to the umn reminding us all of the millions of Ameri- time, we see a rise in the U.S. productivity Treasury of this bill is less than $34 billion. cans who are unemployed and the need to put data, an important economic indicator. How- Highways, $5 billion; transit, $3 billion; ever, that improvement is in part because aviation, $3 billion; high-speed rail, $14 bil- them back to work. thousands of jobs have gone overseas, where lion; passenger and freight rail, $7.5 billion; Mr. Cronkite recalled how public investment wages are lower. port security, $2.5 billion; environmental in- in our national infrastructure, through pro- A few days ago, the Labor Department re- frastructure, $11.5 billion; water resources, grams such as the Works Progress Adminis- ported that the number of persons filing new $1.5 billion; economic development, $1.5 bil- tration, once created jobs by building new unemployment claims last month was the lion; and public buildings, $500 million, public facilities: highways, bridges, airports, li- lowest in six months. Good news that things The bill requires these funds to be invested braries, schools, courthouses, even New aren’t getting worse, but the numbers still in ready-to-go projects. Priority shall be York’s Lincoln Tunnel and the Overseas High- leave millions unemployed, an unacceptable given to projects that can award bids within figure in a caring society. 90 days of enactment. The bill also requires way linking the Florida Keys. With that and some other favorable eco- funds to be obligated within two years. ‘‘The W.P.A. built what in many ways is the nomic indicators, the Bush administration The bill includes a maintenance of effort America we know today,’’ Mr. Cronkite wrote. finds cause to boast. It sees justification of provision to ensure that recipients continue I salute Mr. Cronkite for once again remind- its contention, when it was negotiating its their current investment levels, particularly ing us who we are, where we came from and $1.6 trillion tax cut, that the rich who imme- with regard to infrastructure security.

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.036 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1799 Finally, the bill allows recipients an ex- Her reputation as one of Sweden’s most pop- human rights and a world economic power. It tended period of time to meet their state and ular government officials was recognition by is a thriving multi-party democracy, with free local match requirements. you of her unimpeachable integrity and great and fair elections held at all levels of govern- f vision. Anna Lindh saw all that was good ment. Taiwan also has a thriving capitalist economy. It is now the United States’ eighth TRIBUTE TO E. LARRY ST. about a nation already held in high regard largest trading partner and a major investor in LAURENT around the world and strove to polish its image even more. East Asia. Everyone who considers government serv- The R.O.C. has long demonstrated its com- HON. JIM SAXTON ice a noble calling had an excellent role model mitment to the well being of the international OF NEW JERSEY in this wonderful woman. Far from putting an community. It has a history of heeding calls by IN THE HOUSE OF REPRESENTATIVES end to the goals she had set for herself and the U.N. for emergency relief and assistance Tuesday, September 16, 2003 her people, her death will encourage others to countries that suffer disasters and wars. Its with similarly high ideals to continue and ex- generosity and humanitarianism have included Mr. SAXTON. Mr. Speaker, I rise today to pand on her work, taking it to new heights. Kosovar refugees, Afghanistan reconstruction, pay tribute to E. Larry St. Laurent who is retir- That would be the best way to honor her Iraqi food supplies, the Global Fund to Fight ing after 15 years as Director of the Ocean memory, and Sweden deserves nothing less. AIDS, and victims of natural and man-made County Veterans Service Bureau. Although We are all much poorer for this terrible trag- disasters in El Salvador, Turkey, Nicaragua, still suffering injuries suffered during the Ko- edy. Sweden has lost a great leader, and the and New York City in the wake of the Sep- rean War, Mr. St. Laurent has devoted count- world has lost one of its finest citizens. After tember 11, 2001 terrorist attacks. less hours to Ocean County’s veteran popu- our period of grief, all of us, government lead- Denying Taiwan U.N. membership is not in lation. Those injuries have given him a special ers and common citizens alike, must rededi- the best interests of the world community. The insight into the problems of veterans who are cate ourselves to the work of making our na- memberships of the now unified East Ger- trying to navigate through the bureaucratic tions and our world the kind of places Anna many and West Germany and the divided Re- maze and receive the benefits they have Lindh wanted for us. As we go forward, her public of Korea and the Democratic People’s earned and to which they are entitled. spirit will be guiding us. Republic of Korea are examples of parallel Larry was a leader in the effort to raise $3 f representations of divided nations in the U.N. million to erect a memorial to the men and The U.N.’s role in exchanges between East women from New Jersey who died during the IN REMEMBRANCE OF SEPTEMBER and West Germany assisted in the eventual Korean War. The New Jersey Korean War 11 unification of the country in 1990. Memorial was dedicated in 2000, thanks in Taiwan’s membership in the UN will have great part to his efforts. HON. MICHAEL R. TURNER enormous benefits for the international com- A lifelong public servant, Larry has devoted OF OHIO munity and it is imperative that this unfair and his life to his fellow veterans, beginning in IN THE HOUSE OF REPRESENTATIVES untenable situation be resolved. 1952 as Service Officer for Jackson VFW Post Tuesday, September 16, 2003 f 4703. He has been an officer in several veterans organizations, including Disabled Amer- Mr. TURNER of Ohio. Mr. Speaker, it is CITRUS COUNTY INDUSTRY ican Veterans and the Military Order of the hard to imagine how much our world has APPRECIATION WEEK Purple Heart, as well as his current position as changed in the past 2 years. New challenges Director of the Ocean County Veterans Serv- have been met with great courage and the HON. GINNY BROWN-WAITE ice Bureau. commitment of a strong Nation. Out of the OF FLORIDA His understanding of the needs of our vet- ashes of the twin towers has emerged an IN THE HOUSE OF REPRESENTATIVES erans has enabled him to provide veterans America with a renewed sense of pride and Tuesday, September 16, 2003 with the opportunity to improve their lives. I appreciation for our country. Americans love freedom. We cherish our Ms. GINNY BROWN-WAITE of Florida. Mr. have enjoyed working with Mr. St. Laurent and Speaker, I rise today in honor of Citrus County his Veterans Service Bureau over the years, way of life and the values that make us Ameri- cans. Our Founding Fathers stood with ‘‘the Industry appreciation Week, A 21 year-old tra- and I salute his commitment to Ocean County dition that originated in my Fifth Congressional and its veterans, for whom he will continue to flame of freedom in their souls, and light of knowledge in their eyes’’, and created a coun- District to honor our industries and recognize advocate even in retirement. His will be dif- their contributions to our communities. ficult shoes to fill. try unlike that of any other. A country where people do not live in fear; a country where Last Thursday, industry executives and em- f ideas, education and imagination are endless; ployees, along with community activists and residents kicked off the week-long celebration. TRIBUTE TO FOREIGN MINISTER a country where children can dream of things Upcoming events include a Thursday after- OF SWEDEN ANNA LINDH never before achieved, and grow up to actually do them. noon barbecue to wrap up the week and an It has been 2 years since the terrorist at- awards luncheon, to take place today, to rec- HON. ALCEE L. HASTINGS tacks, yet when I look around, I see an even ognize outstanding local businesses and busi- OF FLORIDA greater America than had existed before. Our ness professionals for outstanding public serv- IN THE HOUSE OF REPRESENTATIVES love of freedom and the American way of life ice, employee relations, and contributions to Tuesday, September 16, 2003 cannot be shaken. We stand together—a the community. Awards being given at the event will go to Mr. HASTINGS of Florida. Mr. Speaker, I United America—so that one day, others may know the joy of freedom. Citrus County’s Most Outstanding Small Busi- rise today to deliver a short message both to ness, Most Outstanding Employer or Cor- the American people and to my good friends f porate Citizen, and Person of the Year. I wish in Sweden and, indeed, to all the people of CALLING FOR TAIWAN’S RETURN all those in the running for these awards Sweden. TO THE UNITED NATIONS well—and send this year’s organizers my re- Mr. Speaker, last week, the foreign minister grets! I am surely missing a great event. of Sweden was brazenly assassinated. I hope HON. MAURICE D. HINCHEY We all know that industry creates jobs— the people of Sweden will accept Congress’ OF NEW YORK which no one will argue is a bad thing—and heartfelt sympathy for the passing of their For- IN THE HOUSE OF REPRESENTATIVES it broadens the tax base of an area, meaning eign Minister, Anna Lindh. I had the greatest cities and municipalities take in more revenue respect for this very talented woman. I cer- Tuesday, September 16, 2003 to spend on public works projects, on our tainly agree with British Foreign Secretary Mr. HINCHEY. Mr. Speaker, as the 58th schools, and on a whole host of other things Jack Straw’s comment that ‘‘she represented session of the United Nations General Assem- vital to the community. Industries also regu- everything that was wonderful about Sweden bly convenes this week, I rise to recognize the larly contribute charitably to citizen groups and and about Europe.’’ accomplishments of the Republic of China on organizations, volunteering time and resources Anna Lindh’s devotion to all of the citizens Taiwan and call for its rightful return as a to improve the area where they do business of Sweden and to the betterment of our world member of the U.N. and where their employees live. was very laudable. That she was considered a Taiwan has become a stable, democratic Recently, following Citrus County’s lead, the possible future prime minister is not surprising. presence in Asia, a bulwark of support for State of Florida has begin celebrating a state

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.041 E16PT1 E1800 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 wide Industry Appreciation Week as well, giv- HONORING ORCHARD RIDGE REHA- ple to keep rates affordable. The local tele- ing the entire Sunshine State the opportunity BILITATION AND NURSING CEN- communications company is vital to the eco- to realize just how much we all benefit from TER nomic development efforts of the community, having the industries that we do. often providing jobs and local leadership. Mr. Speaker, I am pleased to represent an HON. GINNY BROWN-WAITE Mr. Speaker, I rise today to recognize Sierra area of Florida that started the trend, if you OF FLORIDA Tel Communications Group for its commitment will, of honoring local businesses and recog- IN THE HOUSE OF REPRESENTATIVES and service to their community. I invite my col- nizing their place in our communities. I ask leagues to join me in honoring Sierra Tel dur- that you and my colleagues in this body join Tuesday, September 16, 2003 ing California Small and Rural Telecommuni- me in congratulating Citrus County and wish- Ms. GINNY BROWN-WAITE of Florida. Mr. cations Week. ing them well as they conclude their Industry Speaker, I rise today to honor the Orchard f Appreciation Week. Ridge Rehabilitation and Nursing Center in my Fifth Congressional District. The staff at Or- HONORING BOB HINTON f chard Ridge was recently awarded the Amer- ican Healthcare Association’s Quality Award, HON. GINNY BROWN-WAITE HONORING REVEREND FATHER for excellence in service, performance, and of OF FLORIDA KEVORK ARAKELIAN course quality to patients, customers and com- IN THE HOUSE OF REPRESENTATIVES munities. Tuesday, September 16, 2003 HON. GEORGE RADANOVICH The American Healthcare Association is the Ms. BROWN-WAITE of Florida. Mr. Speak- OF CALIFORNIA trade association for the longterm care industry and, in that role it promotes nursing and reer, I rise today to honor a constituent of mine, IN THE HOUSE OF REPRESENTATIVES habilitation centers across the country and Bob Hinton. Bob bravely served this country in Tuesday, September 16, 2003 recognizes outstanding achievement and qual- Korea. After his service left him disabled, he continued giving to his community by pro- Mr. RADANOVICH. Mr. Speaker I rise today ity in that sector. ducing a video warning teen drivers of the to honor Reverend Father Kevork Arakelian on I am proud, Mr. Speaker, to have such a dangers of drunk driving. the occasion of his 30th Anniversary of Ordi- distinguished nursing and rehabilitation facility Bob Hinton is an honorable and caring, pub- nation and Consecration into the Sacred in my district and am happy to be able to lic servant. However, he is not a public serv- Priesthood of the Armenian Apostolic Ortho- honor Orchard Ridge before you and my col- ant in the traditional sense. Rather than seek- dox Church. Father Kevork will be recognized leagues today. ing acclaim in public office, Bob follows a pas- at an event held in his honor on September On October 15, in San Diego, CA, the rest sion; his greatest pleasure is giving to others. 28th in Fresno, California. of the industry will have the opportunity to honor Orchard Ridge for attaining this award In August of 1948, Bob enlisted in the Born in 1943, Father Kevork and his family United States Air Force where he gallantly moved from New York City to Pasadena, Cali- when they convene for the AHCA’s national convention. served his country and received several acco- fornia, after World War II. He attended Pasa- lades in the process. After retiring with 100% dena City Schools and became very active in I commend Orchard Ridge Rehabilitation and Nursing Center and my colleagues in this disability, Bob moved to Florida. There, he sports. Father Kevork played baseball, foot- joined the American Legion Post 139 where ball, and handball both for school and outside body to do the same. I am proud to be the representative of many of its patients and em- he volunteered his services, which won him local teams. After graduating from Pasadena the ‘‘Unsung Hero’s Award’’ in 1984. High School, he attended San Antonio College ployees in Congress. Congratulations to a hard-working team for As an ameatuer videographer, Bob began and received his A.A. degree. He then earned a much-deserved award. covering news events in Hernando County his B.S. degree in Business Administration at f and central Florida for several local and na- California State Polytechnic University, and at- tional TV programs including ‘‘Good Morning tended Saint Vladimir’s Orthodox Theological HONORING SIERRA TEL America.’’ Seminary in 1971. COMMUNICATIONS GROUP Driven by his continuing zeal to help others, Father Kevork’s religious activities have Bob transformed his new found skills into an been as far-reaching as they have been sig- HON. GEORGE RADANOVICH instrument of service. He has voluntarily cre- nificant. He was ordained to the Diaconate in OF CALIFORNIA ated training videos for the Highway Patrol, 1967 and to the Priesthood in 1973. Father IN THE HOUSE OF REPRESENTATIVES the Red Cross, and sheriffs’ offices in Kevork served as Church School Associate Hernando and surrounding counties. Addition- Tuesday, September 16, 2003 Director in Pasadena for two years; Counselor ally, Bob has donated copies of his drunk driv- and teacher at St. Nersess Summer Study Mr. RADANOVICH. Mr. Speaker, I rise ing videos to various schools hoping to save Program; Chaplain at Susquehanna Valley today to congratulate the Sierra Tel Commu- teenage lives. home; and held many other positions of great nications Group in honor of California Small Even though Bob has recently been diag- value to churches and schools. He is currently and Rural Telecommunications Week. An nosed with prostate cancer and undergone the Parish Priest of St. Gregory the Illuminator event was held in Sierra Tel’s honor on Sun- several radiation treatments, he has continued Armenian Church in Fowler, California, where day, September 14th in Oakhurst, California. to film throughout his tribulations and says if he serves on several different levels. Small and rural telephone companies will be he can keep busy helping others he won’t feel Father Kevork has served at St. Gregory’s participating in National Small Telecommuni- his pain. Bob is never happier than when he since 1980. St. Gregory the Illuminator is the cations Week from September 15th through is helping someone. Thus, he is a shining ex- fourth largest Armenian Church in the United September 21st. Rural telephone companies ample of what individuals should strive to be- States. He has been the Committee member will acknowledge and reflect on the great ad- come. for the 1700th Anniversary of the acceptance vancements made in their industry. For more Mr. Speaker, I am proud to call Bob Hinton of Christianity in Armenia; Secretary to the first than 100 years small, country telecommuni- a constituent and I ask you to join with me in Alumni Association of St. Nersess Seminary; cations companies have provided high-quality thanking him for his continued service. Chairman of the first Camp Board of Directors; services to rural America. These companies f and has taught various classes at retreats, have long been known for their state-of-the-art camp programs, and workshops. St. Gregory’s technology and superior, cutting-edge serv- SAVE CANCER CARE has grown considerably in people and extra- ices. Over 1,100 small rural companies are in curricular activities since Father Kevork has existence serving areas the larger companies HON. RUBE´N HINOJOSA presided there. choose not to serve due to factors such as to- OF TEXAS Mr. Speaker, I rise today to honor Reverend pography, population, and profitability. IN THE HOUSE OF REPRESENTATIVES Father Kevork Arakelian for his years of serv- Independent rural telephone companies, like ice and to thank him for his dedication to the Sierra Tel, play an important role in the tele- Tuesday, September 16, 2003 congregation of St. Gregory and to the Arme- communications industry as well as their local Mr. HINOJOSA. Mr. Speaker, I rise today nian community of the Central Valley. I invite communities. They ensure that large telecom on behalf of cancer patients in my district. my colleagues to join me in extending him interests do not override the needs of rural I would like the conferees working to craft a best wishes for his future. America, and they work on behalf of the peo- final Medicare prescription drug benefit to

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.045 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1801 know what the cancer community in the 15th time clerk to eventually becoming president of cussing the desirability of Gongadze’s elimi- District of Texas is saying. the APWU, Moe committed himself to helping nation. Over the last three years, the Ukrain- Mr. Speaker, the cancer community is those who were underrepresented. ian authorities’ handling, or more accurately, united in saying that the deep cancer care Born November 15, 1915, Moe attended mishandling of this case has been character- cuts, in the form of reductions in reimburse- high school and college in New York City. In ized by obfuscation and stonewalling. ments to community-based clinics for cancer 1937, he began his postal career on the Last month, a prime suspect in the case, drugs, will catastrophically dismantle the can- Lower East Side of Manhattan. Making less former senior militiaman Ihor Honcharov, who cer care delivery system we have built in this than one dollar per hour with no vacation ben- allegedly headed a gang of ex-police accused country. efits or sick pay, Moe was committed to his of several kidnappings and murders, died in If passed, the cancer community fears these job and to improving conditions for his fellow police custody under mysterious cir- cuts will turn back the clock on cancer care at employees. cumstances. His posthumous letters—which least 30 years: He held several positions including chair- give a detailed account of events surrounding Community-based cancer centers nation- man of the Membership Committee, Sergeant- Gongadze’s death and which name names— wide, where 80 percent of patients receive at-Arms, and Executive Vice-President before are now being investigated by the Prosecutor treatment, will be forced to stop seeing Medi- being elected as president of the Manhattan- General’s office. A few days ago, Prosecutor care patients or close their doors all together. Bronx Postal Workers Union in 1959. In 1971, General Svyatoslav Piskun indicated that This will force cancer patients back into hos- Moe served on the committee that oversaw some facts in the letters have proved to be pitals or large academic cancer clinics—and the merger of the five postal unions that now true. Reportedly, warrants have been issued those institutions have said they cannot han- comprise the APWU. An early supporter of for two suspects in the killing. dle the influx of patients. civil rights, Moe championed the cause of Mr. Speaker, a credible investigation of this Patients in rural America—like in parts of greater equality for women in the workplace. case by Ukrainian authorities is long overdue. my South Texas District—will be severely bur- He was also a longtime member of the Coali- At the same time, it is important to stress that dened as they will have to travel great dis- tion of Labor Union Women and the NAACP. not only those who committed the actual tances to receive care. Moe’s other achievements include serving crime, but those who ordered it—no matter Family members and friends who would on the New York City Central Labor Council, who they may be—need to be brought to jus- have to accompany a loved one on those long the Executive Council of the AFL–CIO, the tice. trips, would face the economic burden of miss- labor federation’s Public Employee Depart- Unfortunately, the Gongadze case is not an ing work as well as the psychological hurdle of ment, and the Executive Committee of the isolated one. The murder, and deaths in sus- helping someone through treatment, if this bill Postal, Telegraph and Telephone Inter- picious car accidents, of journalists and oppo- passes in its current form. national. He also served on the boards of sev- sition figures, have become commonplace. These cancer cuts will not only affect to- eral charitable and civic organizations, includ- Earlier this year, Ukraine’s Ombudsman Nina day’s treatments, but tomorrow’s medical ing the Muscular Dystrophy Association, Karpachova asserted that journalism remains cures. That’s because more than 60 percent United Way International, the National Advi- among the most dangerous professions in of clinical trials of promising cancer treatments sory Council to the March of Dimes Birth De- Ukraine, with 36 media employees having occur in the community-based setting. Without fects Foundation, and the Federal Executive been killed over the past ten years, and many community treatment centers to provide care, Committee of the Combined Federal Cam- more have been beaten, including several patient access to clinical trials—and the hope paign. within the last few months. This past July, they represent—would be significantly cur- Among his many accolades were the 1979 Volodymyr Yefremov, a journalist critical of tailed. Community Service Award from the New York president Kuchma who worked with the press These cuts appeared at a critical time in the City Central Labor Council, the 1982 Spirit of freedom group Institute of Mass Information war against cancer. Just last month the Na- Life Award from the City of Hope National (11/41), died in a suspect car accident. Just tional Cancer Institute reported that mortality Medical Center, the 1999 Ellis Island Medal of two weeks ago, Ivan Havdyda, who was head rates from the four most common types of Honor, and the 1999 Lower East Side Tene- of the Ternopil region branch of the demo- cancer—breast, colorectal, lung and pros- ment Museum Urban Pioneer Award. cratic opposition ‘‘Our Ukraine’’, was found tate—appear to have declined. That marks Moe’s spirit will always be strong in those murdered in Kyiv under questionable cir- eight years in a row that cancer deaths have who knew him, and in those whose lives he cumstances. declined. But even with that good news, we touched but who never had the opportunity to Over the last three years, the Helsinki Com- still face many challenges in the War on Can- meet him. Through Moe’s life, we all benefit mission, Members of the House and Senate, cer. from his tireless efforts to help those who Department of State, the OSCE, the Council According to the American Cancer Society, could not help themselves. of Europe and other international institutions 1-in-2 men and 1-in-3 women will be diag- I express my deepest condolences to his repeatedly have raised the Gongadze murder nosed with cancer at some time in their lives. family during this difficult time. case and urged the Ukrainian authorities to And an estimated 60 percent of new cancer Thank you. undertake a serious investigation into the this cases are predicted in people aged 65 years f case. The response from Ukrainian officials and older. has done nothing but cast doubt about the Prescription drug coverage is a noble MURDER OF UKRAINIAN HEORHIY Ukrainian Government’s commitment to the cause, and one which I hope we can provide GONGADZE STILL UNSOLVED rule of law. Last year—just to cite one exam- to seniors. But we cannot provide seniors drug AFTER 3 YEARS ple—Ukrainian authorities blocked FBI experts coverage on the backs of cancer patients— from examining evidence gathered during the many of whom are fighting for their lives. HON. CHRISTOPHER H. SMITH initial investigation, even after promising to ac- Seniors deserve a Medicare prescription OF NEW JERSEY cept U.S. technical assistance in the matter. drug bill, not a $16 billion cancer care cut. IN THE HOUSE OF REPRESENTATIVES I also hope that the Ukrainian parliament will take determined action in encouraging govern- f Tuesday, September 16, 2003 mental accountability for solving the Gongadze TRIBUTE TO MOE BILLER Mr. SMITH of New Jersey. Mr. Speaker, the and other murders, and bringing those in- murder of Ukrainian investigative journalist volved to justice. HON. CAROLYN B. MALONEY Heorhiy Gongadze remains unsolved—three The lack of a resolution of the Gongadze OF NEW YORK years after he was murdered. On September and other cases of those who have perished IN THE HOUSE OF REPRESENTATIVES 16, 2000, Gongadze, editor of ‘‘Ukrainska under suspicious circumstances has tarnished Pravda’’, an Internet news publication critical the credibility of the Ukrainian authorities in Tuesday, September 16, 2003 of high-level corruption in Ukraine, dis- dealing with fundamental human rights. Mrs. MALONEY of New York. Mr. Speaker, appeared. Mr. Speaker, as Chairman of the Helsinki I rise today to pay tribute to a friend, Moe Bill- Ukrainian President Kuchma and a number Commission and in the strongest possible er, former president of the American Postal of high-ranking officials have been implicated terms, I once again urge Ukrainian authorities Workers Union, who passed away last Friday. in his disappearance and the circumstances to take seriously the many enduring concerns Morris ‘‘Moe’’ Biller headed APWU for more leading to his murder. Audio recordings exist regarding the circumstances that led to than twenty years, fighting for the workers he that contain conversations between Kuchma Heorhiy Gongadze’s murder and the subse- represented. From his beginnings as a part- and other senior government officials dis- quent investigation.

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.050 E16PT1 E1802 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 A PROCLAMATION RECOGNIZING ered the swamps with clean fill, fixed the main CONGRATULATING THE NEW MICHAEL RUTAN street, and convinced the Lehigh and Wilkes- BEGINNING CENTER Barre Coal Company to build a playground for HON. ROBERT W. NEY the children in the community. HON. JEB HENSARLING OF OHIO On July 7, 1992, Father John S. Terry was OF TEXAS IN THE HOUSE OF REPRESENTATIVES named the sixth, and current pastor of Holy IN THE HOUSE OF REPRESENTATIVES Family Parish. Father Terry, in addition to Tuesday, September 16, 2003 overseeing the renovation of the church, intro- Tuesday, September 16, 2003 Mr. NEY. Mr. Speaker: duced new practices and devotions to the par- Mr. HENSARLING. Mr. Speaker, today I rise Whereas, Michael Rutan has demonstrated ish. Children’s masses were celebrated to congratulate the New Beginning Center on professionalism and a dedication to safety; monthly and on holidays. A special mass for the recent groundbreaking and renovation of and the deceased would be held on All Soul’s Day their domestic violence shelter in Garland, Whereas, Michael Rutan has logged 1 mil- with the participation of family and friends. Texas. lion miles, the equivalent of circling the earth’s Meals were delivered to the shut-ins and For almost two decades, the New Beginning equator 40 times, without a single preventable needy during Christmas, Easter, and Thanks- Center has been a silver lining for the victims accident; and giving. of domestic violence in the North East Dallas Whereas, Michael Rutan must be com- The past one hundred years has brought area. mended for the hard work and dedication he many changes to the Holy Family parish and Through crisis intervention, counseling, edu- put forth over his years at Yellow Transpor- community. Gone are the coal, rail and gar- cation and advocacy programs, the New Be- tation; ment industries that employed their parish ginning Center provides a safe environment Therefore, I join with the Motor Freight Car- members. They held together during the tragic for women and children fleeing life-threatening riers Association and the residents of Ohio world events that brought them unity and emo- situations. But the services they provide go 18th Congressional District in congratulating tion. Today, The Holy Family Parish has be- well beyond shelter or legal services. The Michael Rutan for his outstanding achieve- come an important historical landmark in Center’s staff and volunteers are responsible ment. Sugar Notch, Pennsylvania, and a home to for rebuilding lives, restoring hope and open- f their growing population of parish members. ing up new opportunities for families under Mr. Speaker, on their 100th Anniversary, I some of the most difficult and dangerous cir- TRIBUTE TO HOLY FAMILY PAR- recognize both the efforts and positive impact cumstances imaginable. ISH ON THEIR 100TH ANNIVER- of Holy Family Parish and Father John S. I recently had the opportunity to tour the SARY Terry in Northeastern Pennsylvania. New Beginning Center to learn more about the important service they provide to our commu- HON. PAUL E. KANJORSKI f nity. I was touched by the stories I heard from OF PENNSYLVANIA CELEBRATING 25 YEARS OF the staff and volunteers. During my visit I was IN THE HOUSE OF REPRESENTATIVES SERVICE able to see firsthand how we can pull together Tuesday, September 16, 2003 to help end the scourge of domestic abuse. With the help of HomeAid Dallas and Mr. KANJORSKI. Mr. Speaker, I rise today HON. CHARLES B. RANGEL Beazer Homes, the New Beginning Center’s to call the attention of the House of Rep- OF NEW YORK new 1,300 square foot Shelter Service Build- resentatives to the 100th Anniversary of the IN THE HOUSE OF REPRESENTATIVES ing will expand the center’s capacity by 38 Holy Family Parish in Sugar Notch, Pennsyl- Tuesday, September 16, 2003 percent so they can provide safety to more vania on their centennial celebration on Sun- families. day, September 14th. Mr. RANGEL. Mr. Speaker, the enactment Mr. Speaker, today I congratulate the New One hundred years ago, Holy Family Parish of the Employee Retirement Income Security Beginning Center, HomeAid Dallas, Beazer was established when Bishop Michael J. Act of 1974 (ERISA) was an important step to- Homes, and the 31 other local sponsors who Hoban named Father Stanislaus A. Dreier as ward protecting retirement benefits for millions made the beginning of this new facility pos- the first pastor. The parish consisted of ap- of American workers. Over the years, ERISA sible. I thank the hard working staff and volun- proximately 150 families. Life was hard, with has developed into a complex legislative teers there. Most importantly, I applaud the many men working in the mines from dawn to framework. Congress regularly revisits this im- Center’s efforts to put and end to domestic vi- dusk. With knowledge of the many accidents portant area of law in a effort to perfect it. olence in our community. and various mine disasters, the strong roots of In its efforts, Congress may be making it f their Catholic faith helped them to endure their better as it seeks to enhance the protections personal hardships. provided to many workers and their bene- A TRIBUTE TO AMBASSADOR In 1911, Father Franciszek Kasaczun, the ficiaries, but this is not without added com- RICHARD SCHIFTER second and most influential, pastor was plexity. For those of us who are not com- named. His 31 years as pastor was during a fortable making casual conversation on such HON. TOM LANTOS time of heightened influx of immigrants from topics as actuarial assumptions and technical OF CALIFORNIA Europe who were looking to a church to meet funding rules we have valued the service IN THE HOUSE OF REPRESENTATIVES their spiritual needs. These new immigrants EBRI has provided over these many years. established strong ties to the church, showing EBRI is a nonpartisan research organization Tuesday, September 16, 2003 their loyalty to their new country, and keeping that specializes in employee benefits. It col- Mr. LANTOS. Mr. Speaker, I would like to their ties with Poland. Because of his fluency lects and analyzes the relevant data and make ask my colleagues to join me in paying tribute in Polish, Lithuanian, and English, Father it available in a format that is easily under- to Ambassador Richard Schifter, one of Amer- Kasaczun was just the man to accomplish stood by all of us. ica’s finest champions of international justice this. He recognized the importance of edu- The service EBRI provides is invaluable. and global cooperation. Ambassador Schifter cation to help the immigrant families better Many of us in Congress find it particularly use- celebrated his 80th birthday on July 31st, themselves. The school began as just four ful because of the balanced format in which marking a milestone in a lifetime of distin- rooms operating in the church basement, but the information is presented. This makes the guished public service. through Father Kasaczun’s efforts moved into information EBRI distributes acceptable by all Ambassador Schifter’s passion for human the rectory. In 1916 Father Kasaczun invited sides in the debate. In addition, it provides a rights bears deep roots, as it reflects his per- the Bernadine Sisters of Reading, Pennsyl- common base of knowledge that helps us sonal experience with totalitarianism and big- vania to take over the work of teaching and evaluate conflicting proposals. otry. Dick’s childhood in Vienna was rudely in- caring for the Sanctuary and Sacristy. EBRI has now been doing this important terrupted by the Nazi take-over of Austria in Father Kasaczun organized many humani- work for a quarter of a century. As EBRI cele- 1938. A Jewish Austrian, his life was in peril tarian efforts benefiting the community. Among brates its 25th anniversary, I want to take this before his 15th birthday. Dick was able to es- many other accomplishments, he organized opportunity to wish the valuable organization cape to the United States that December; his the Children’s Relief Fund for Poland, helped well. It is my hope that they keep these anal- parents, however, were not then eligible for WWI veterans with their transition back to ci- yses coming. We will need them more than immigrant visas, and they were forced to re- vilian life, remodeled company homes, cov- ever in the months ahead. main in Vienna. They were later murdered in

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.054 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1803 the Maidanek death camp along with dozens and an optimist. Four years ago, at a con- TRANSPORTATION, TREASURY, of Schifter family members. ference in the Bulgarian capital of Sofia, he AND INDEPENDENT AGENCIES Ambassador Schifter arrived in our great concluded a speech by quoting the unforget- APPROPRIATIONS ACT, 2004 country alone, a young man barely in his table words of President Franklin D. Roo- teens in a totally unfamiliar land. Yet, in the sevelt: ‘‘The only limit of our realization of to- HON. MARK UDALL finest American tradition, Dick built his life morrow will be our doubts of today.’’ Indeed, OF COLORADO anew. He graduated summa cum laude from IN THE HOUSE OF REPRESENTATIVES the College of the City of New York and Yale few public servants have done as much to Law School, served in the U.S. Army in Eu- build a global future of peace, prosperity, and Tuesday, September 16, 2003 rope during World War II, and embarked on a morality. I am honored to be Ambassador Mr. UDALL of Colorado. Mr. Speaker, be- highly successful legal career. Dick and his Schifter’s friend, and I urge my colleagues to cause of a family medical emergency, I was charming wife, Lilo, started a family that now join me in recognizing his tremendous service. unable to be present for this week’s votes on includes 5 children, 5 children-in-law, 9 grand- H.R. 2989. Had I been present, I would have children, and 1 grandchild-in-law. f voted for its passage. Mr. Speaker, while the young Ambassador I did have a number of concerns about the Schifter had a great number of professional HONORING MORRILL ELEMENTARY bill, and about the process under which it has and personal obligations, he never neglected AND RAYBURN ELEMENTARY been considered. In particular, I was very dis- his responsibilities to his Maryland community. FOR BEING RECOGNIZED AS appointed that the Republican leadership re- Dick served for twenty years on the Maryland BLUE RIBBON SCHOOLS fused to allow the House to consider an State Board of Education, and he chaired both amendment to suspend the cost-of-living in- the Governor’s Commission on Funding the crease for Members of Congress. I thought Education of Handicapped Children and the HON. CIRO D. RODRIGUEZ the House should have the chance to vote on Governor’s Commission on Values Education. that question, especially now when the unem- He stood up for his progressive convictions as OF TEXAS ployment rate is so high and the federal budg- the Chairman of the Montgomery County (MD) IN THE HOUSE OF REPRESENTATIVES et deficit is so large. Democratic Committee. As President of the Overall, however, I think the bill’s good pro- Washington, DC, chapter of the American Tuesday, September 16, 2003 visions outweigh its flaws. The bill includes substantial funding for a Jewish Committee, he fought to ensure that Mr. RODRIGUEZ. Mr. Speaker, it is always the fate of his family in Austria would never be number of transportation projects in Colorado, an honor to recognize our public schools and repeated. including ongoing work to upgrade highways When Ambassador Schifter retired from his their wonderful accomplishments. Today, I rise in the Denver metropolitan area and other legal career during the early 1980’s, he de- to honor two schools from the 28th Congres- parts of our state. voted himself to public service on a full-time sional District of Texas, Morrill Elementary and I strongly support these provisions, which basis. Dick’s passion, energy, and undeniable Rayburn Elementary, for being selected as will help Colorado address some of its most brilliance proved invaluable in a wide array of 2002–2003 National Blue Ribbon Schools. pressing transportation needs and will also positions. He represented his country as U.S. These two schools are among an elite number help our state’s economy not only by a Representative to the United Nations Human of elementary and secondary schools recog- shortterm stimulus of jobs and purchases of Rights Commission (1983–1986, 1993), Dep- nized this year by the United States Depart- supplies but also by infrastructure improve- uty U.S. Representative in the United Nations ment of Education for their success in edu- ments that will yield big dividends in the years Security Council (1984–1985), Assistant Sec- ahead. I commend Chairman ISTOOK, Ranking cating our next generation of leaders. retary of State for Human Rights and Humani- Member OLVER, and the other members of the tarian Affairs (1985–1992), Special Assistant Morrill and Rayburn Elementary Schools, appropriations committee for including these to the President and Counselor to the National both in San Antonio, join only 325 Texas items in the bill. Security Council (1993–1997), Special Advisor schools that have received Blue Ribbon status Another reason I support the bill is because to the Secretary of State (1997–2001), and in since 1982. I am proud to have them in my it also provides for other forms of transpor- numerous other important roles. Dick served Congressional District, as they reflect the tation such as rail and buses. Highways are Presidents from both political parties, reflecting South San Antonio working family community. important, but highways alone do not constitute a sound or balanced transportation sys- his commitment to a bipartisan foreign policy They are proof that tight knit communities as well as his clear and unambiguous passion tem, in Colorado or anywhere else. That is such as ours can foster quality institutions. In for advancing human rights and American val- why I favor continued support for Amtrak’s addition, they realize it is important to involve ues around the world. service to our state and other parts of the Na- Ambassador Schifter’s service as Special parents in the education process. Through tion and why I also support having a portion Advisor to the Secretary of State for the their parent/teacher programs, they bring clos- of federal transportation funding go for such Southeast European Cooperative Initiative er the relationship between the home and the ‘‘enhancements’’ as pedestrian, bike, and trail (SECI) bears particular significance. SECI’s school so parents may cooperate intelligently facilities. principal goal—to enhance regional coopera- in the education of our children. In addition, the bill provides essential funding for other Transportation Department pur- tion among the countries of Southeastern Eu- I would like to recognize Principal Linda rope by encouraging joint and cooperative so- poses as well as for the Treasury Department, Aleman of Morrill Elementary and Principal lutions to shared economic and environmental the Executive Office of the President, and problems—could not have had a more prin- Shannon Allen of Rayburn Elementary for their other important parts of the federal govern- cipled champion than Dick Schifter. His agile leadership and commitment to making their re- ment. mind and diplomatic skills added immeas- spective schools exemplary. They both recog- Among other things, it includes funds for urably to the progress of former Communist nize that our children are America’s most valu- continued implementation of the Help America nations transitioning to democratic, free mar- able resource and, as such, their education is Vote Act. I strongly supported enactment of ket structures. The success of this evolution of the utmost importance. that measure, and am glad that the bill includes provisions that will allow the General added strength and stability to America’s Most importantly, I would like to recognize transatlantic partnerships. Services Administration to distribute grants the students of these two schools who have Leaders from around the world have recog- under that Act if the new Federal Election As- nized Ambassador Schifter’s record of persevered to obtain success. Many of them sistance Commission—which is supposed to achievement. He is a recipient of the Sec- have had to overcome various obstacles in the perform that function—is not in operation by retary of State’s Distinguished Service Award, course of their educational career. I am proud the start of the next fiscal year. Austria’s Golden Honor Insignia with Star, the of their efforts and I know they will continue to The bill also includes funds for the Scholar- Order of Commander of Romania’s Star, and succeed in their future endeavors, including ship and Excellence in National Environmental Bulgaria’s Order of Stara Planina, First Class. the lifelong pursuit of education. Policy Trust Fund and for the United States In- Mr. Speaker, Richard Schifter is a genuine stitute for Environmental Conflict Resolution. Congratulations to the Morrill Elementary example of the American Dream, and he has These are the accounts associated with the devoted his life to extending its values to and Rayburn Elementary communities for Morris K. Udall Foundation, and I am sure our every corner of the world. He is an idealist achieving the coveted Blue Ribbon Award. colleagues understand why I have a particular

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K16SE8.003 E16PT1 E1804 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 interest in them and why I want to extend my WOMEN MOST AFFECTED BY HUNGER When women and girls are deprived, society thanks to the Members of the Appropriations When we speak of hungry people—we are suffers Committee for their support for these pro- literally speaking of women and children. Next, let’s examine the effects this depri- grams. The vast majority of the world’s poor are vation has on society. women. The gap between women and men We’ve always been clear that the health of f caught in the cycle of poverty has continued the mother is the single most important fac- JOAN HOLMES, PRESIDENT OF to widen in the past decade. tor in determining the health of her child. THE HUNGER PROJECT, BRIEFS An estimated 80 percent of the world’s ref- New scientific data makes it clear that it is ugees are women and girls. Two-thirds of the not just her health when she is pregnant, or THE WOMEN’S CAUCUS world’s illiterates are female. Of the millions even throughout her entire life, but going of children kept out of school—2/3 are girls. back to when she herself was in the womb. HON. MARCY KAPTUR WOMEN ARE AT THE CENTER OF THE And so, let me describe for you the insidious OF OHIO DEVELOPMENT PROCESS ‘‘cycle of malnutrition’’ that persists in IN THE HOUSE OF REPRESENTATIVES The fundamental thesis of my testimony South Asia. A baby girl in India and Bangladesh is born Tuesday, September 16, 2003 is—women are at the center of the development process, and until and unless we make underweight and malnourished. She is Ms. KAPTUR. Mr. Speaker, earlier today the the empowerment of women a central strat- nursed less and fed less nutritious food than Women’s Caucus received an outstanding egy in ending hunger—hunger will persist. her brother. She is often denied health care briefing from Joan Holmes, the President of Until and unless we empower women, none of and education. She is forced to work even as a child. Her work burden increases signifi- the Hunger Project. The focus of her briefing the UN Millennium Development Goals will be met. cantly as she gets older—even when she is was to help us understand the essential and pregnant. She is married and pregnant when often overlooked role that women play in end- My testimony today does not come from the perspective of empowering women to she is young, often just a teenager. She is ing hunger around the world. achieve gender equality as a matter of social underweight and malnourished when she As we look towards the real needs that peo- justice—even though that has my unequivo- gives birth to her children who are born un- ple face, it is vital that programs we fund cal support. derweight and malnourished. And the cycle through the instrumentalities of the Depart- The analysis I am presenting today comes continues. ments of Agriculture and State, as well as the from looking strategically at what needs to Even in the Punjab, the region of India where the green revolution was most suc- Agency for International Development, I en- happen to end hunger and achieve sustainable development. In this analysis, I am cessful, this cycle and these high rates of courage all of our colleagues to take the time malnutrition still persist. to read this most helpful presentation. The going to use the phrase ‘‘women’s empowerment’’. It is important that we know what New Research Hunger Project works to empower women in that phrase means. It has been clear for some time that mater- many countries around the world, and in my Although there is no country where there nal deprivation and subsequent fetal depriva- view is deserving of our support and under- is gender equality, in the countries that have tion cause children to be highly susceptible standing. the persistence of hunger—the subjugation, to infectious diseases like tuberculosis and I ask unanimous consent to insert in the marginalization and disempowerment of malaria. RECORD at this point the statement by Joan women is particularly severe. New research shows that maternal depriva- Holmes, entitled ‘‘Women and Ending Hunger: So, when we say empowering women—what tion also makes the body susceptible to dis- The Inextricable Link’’. this means is to lift some of the shackles eases we associate with affluence—hyper- that constrict and suppress their lives. tension, cardiovascular diseases, type 2 dia- WOMEN AND ENDING HUNGER: THE betes, among others. In the next 20 years, INEXTRICABLE LINK THREE DISTINCT WAYS WOMEN ARE FUNDAMENTAL TO ENDING HUNGER India will have the largest number of dia- (By Joan Holmes) Let’s examine three ways in which women betic patients, and coronary heart disease INTRODUCTION are fundamental to the end of hunger: will become the leading cause of mortality. Madame Chairperson and Distinguished First, the inextricable link between wom- This new research underscores that what Members of Congress, it is an honor to tes- en’s well-being and the overall health of a so- begins as the neglect and discrimination of tify before the Women’s Caucus today. I ciety. women ends in causing adversity for the commend the Caucus for focusing on the in- Second, the enormous, yet largely unrecog- health and survival of all. extricable link between women and ending nized and unsupported role of women as pro- WOMEN AS PRODUCERS hunger. ducers. Now as to the role of women as producers: My name is Joan Holmes, and it’s been my Finally, women’s leadership—a necessary just as we must learn to think ‘‘women’’ privilege to be the president of The Hunger component of ending hunger. when we think ‘‘hungry people’’—we must Project since its inception in 1977. think ‘‘women’’ when we think food pro- In my testimony I will address: WOMEN’S WELL-BEING AND THE HEALTH OF A First, Chronic Hunger and who is most af- SOCIETY ducers in the developing world. And, I regret fected; Girls and women are deprived to say, we do not. Women have been largely bypassed by development assistance and pro- Then, the three distinct ways women are With regard to women’s well-being and the grams focused on agriculture. essential to ending hunger and achieving link to the health of a society, let’s look to Rural women are responsible for half of the sustainable development; South Asia. India and Bangladesh account world’s food production and produce 60 to 80 Next, what happens to a society when for more than 1/3 of the remaining hunger, percent of the food in most developing coun- women are empowered; and and their malnutrition rates are among the tries. Finally, where the world is now—in recog- highest in the world. One-third of all babies In sub-Saharan Africa, women food farmers nizing the vital role of women. in Bangladesh and 1/4 of the babies in India produce 80 percent of Africa’s food, do the AN UNDERSTANDING OF CHRONIC HUNGER are born underweight and malnourished. vast majority of the work to process, trans- Chronic hunger continues to be the great- This compares to 12 percent in Africa. port, store and market Africa’s food, and est failure of our age. It takes the lives of The question is—Why are these rates so they also provide 90 percent of the water, 20,000 of us each day. Eight hundred and high in Bangladesh and India, countries wood and fuel. Food processing alone creates forty million of us are chronically under- which are food self-sufficient? In fact, India a heavy work load for women. In parts of Af- nourished. The largest number of hungry has more than 40 million tons of surplus food rica, women spend four hours a day grinding people are in South Asia, but the most sein storage. Why are the rates of malnutrition higher grain. vere hunger is in sub-Saharan Africa. They do all this, despite the fact that they When most of us think of hunger, we think in South Asia than in Africa, which we know own 1 percent of the land, receive less than of famine—sudden shortages of food due to is considerably less developed? In 1996, 7 percent of farm extension services, and re- war, drought or natural disasters. Less than UNICEF commissioned a landmark study to ceive less than 10 percent of the credit given 8% of hunger deaths are due to famine—the answer that question. In a report called, to small-scale farmers. rest are due to chronic hunger. ‘‘The Asian Enigma’’, they concluded, ‘‘The The persistence of hunger is not an issue of exceptionally high rates of malnutrition in Effects of HIV/AIDS in Africa the quantity of food. The world produces South Asia are rooted deep in the soil of in- If this reality weren’t challenging enough, more than enough food for everyone. Hunger equality between men and women.’’ we must also recognize that the impact of persists when people—particularly women— Women eat last and least. They eat only HIV/AIDS on agricultural production and are systematically denied the opportunity to the food that is left over after the males food security has been devastating. Families produce enough food—to be educated—to have eaten. Often men and boys consume affected by HIV/AIDS see their food produc- learn the skills to meet their basic needs. twice as many calories—even though women tion cut by 40%. Hunger persists when the poor—mostly and girls do much of the heavy work. Girls in This epidemic in Africa is spiraling out of women—have no voice in the decisions that India are four times more likely to suffer control because men have multiple partners affect their lives. from acute malnutrition than boys. and unsafe sex, and women because of their

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.058 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1805 low status are kept uninformed about pre- In India and Bangladesh, there is now an included in any section of its analytical vention and powerless to protect themselves. extraordinary opportunity. New laws guar- framework or its plan of action. Twice as many young women as men are in- antee that 1⁄3 of all seats in elected local gov- Now let’s look at the constitutional fected. ernment are reserved for women. As a result, amendment which guarantees women 1⁄3 of Bottom line—there is a direct correlation in the region of the world where women have the seats in local village councils in India. It between women’s low status, the violation of been the most subjugated—more than 5 mil- was passed by one vote. The amendment con- their human rights, and HIV transmission. lion women have engaged in the political tinues to be under attack, and is in danger of In epidemiological terms, persuading 10 men process by standing for elections and 1 mil- being repealed. with several partners to engage in safe sex lion women have become elected local lead- RECOMMENDATIONS has far greater impact than enabling one ers—more elected women than in all the Given that women are at the center of the thousand women to protect themselves from other countries of the world combined. development process: their only partner. The 10 men are at the be- I consider this transfer of power to these 1. I recommend that women be placed in ginning of the chain of infection; the 1,000 one million elected women—who themselves high level decision-making positions in all women are its last link. are often illiterate and malnourished—to be international organizations. Violence against women impedes development a potent and direct intervention in the per- 2. All legislation—budget allocations—and sistence of hunger. programs related to development must spe- The other health hazard is violence against WHEN WOMEN ARE EMPOWERED—SOCIETY cifically empower women as the key change women. Violence against women continues agents to achieve sustainable development. to devastate millions of women worldwide, BENEFITS destroying families and impeding develop- Now let’s examine what happens to a soci- f ment. ety when women are empowered. The evi- JOSEPH A. PICHLER HONORED BY dence is overwhelming—women’s empower- In this new century—in the year 2003—it is HEBREW UNION COLLEGE JEW- sobering to acknowledge that many societies ment has the most far-reaching effects on still find it acceptable and justifiable to the lives of all—men, women and children. ISH INSTITUTE OF RELIGION beat—rape—stone—burn—disfigure and mur- Let’s examine some of this evidence: der women. When one group of people in soci- A recent analysis of development by the HON. ROB PORTMAN ety is treated as inferior to another—the World Bank indicates that countries with OF OHIO smaller gaps between women and men in only way to keep that lie in place is by vio- IN THE HOUSE OF REPRESENTATIVES lence and the threat of violence. areas such as education, employment and Tuesday, September 16, 2003 Women’s invisible work in the informal sector property rights have lower child malnutrition and mortality, they also have less cor- The majority of women in the developing Mr. PORTMAN. Mr. Speaker, I rise to rec- ruption in governance and faster economic ognize Joseph A. Pichler, a constituent and world work in agriculture. But a significant growth. portion also work in the informal sector. Cross-country studies report that if the friend, who will be honored by Hebrew Union Their work remains largely invisible in offi- Middle East, South Asia and Africa had been College-Jewish Institute of Religion at its 21st cial statistics, because it takes place outside as successful as East Asia in narrowing the Annual Cincinnati Associates Tribute Dinner the formal economic structure. gender gap only in education, the Gross Na- on November 2, 2003. Joe will be honored for Women work as—vendors, weavers, pot- tional Product (GNP) per capita in these re- his exemplary civic and philanthropic leader- ters, handicraft workers, laundry workers, gions would have grown by an additional 16 ship. and manual laborers. Women may be poor, il- to 30 percent from 1960 to 1990. Joe is a member of the Corporate Council literate and undernourished, but they are In sub-Saharan Africa, if women farmers economically active. They contribute signifi- of Hebrew Union College-Jewish Institute of were given the same support as that given to Religion. Founded in Cincinnati in 1875, the cantly to the economy and society with their men their yields could increase by more than labor. 20 percent. And, it is now clear that women’s College-Institute is the oldest institution of Let me give you a specific example of the empowerment is more influential than eco- higher Jewish education in the western hemi- importance of women’s work—regardless of nomic growth in moderating fertility rates, sphere. The College-Institute prepares rabbis, how invisible it is: thereby slowing population growth. cantors, religious school educators and Jewish In India, young girls and women include in Bottom line: women are at the center of communal workers at its four campuses in their daily work collecting and drying of cow the development process. When they are em- Cincinnati, New York, Los Angeles and Jeru- dung which is used primarily as fuel in most powered these are the results: faster eco- salem. The College-Institute also awards Mas- of rural India where 75 percent of the popu- nomic growth, less corruption in governance, lation lives. Their work saves India at least ters and Doctoral degrees to men and women lower childhood malnutrition, lower child of all faiths. $10.5 billion a year that would otherwise mortality, increased agricultural produc- need to be spent on petroleum. It is esti- tion, more children in school, including Joe brings leadership, hard work and en- mated that, if the Indian women went on girls, health hazards are reduced, and the ergy to every assignment. Currently Chairman strike and no longer collected cow dung, overall health and wellbeing of a society is of the Board of the Kroger Company, he also India would be in an economic crisis in three greatly improved. served Kroger as Chief Executive Officer; weeks. THE GAP BETWEEN RECOGNITION OF WOMEN’S President and Chief Operating Officer; and Ex- WOMEN’S LEADERSHIP VITAL ROLE AND POLICIES, PROGRAMS AND ecutive Vice President. Joe joined Dillon Com- The third critical link—between women ACTION panies in 1980 as Executive Vice President and ending hunger is women’s leadership. In Even though the evidence is overwhelming and was elected to Kroger’s Board of Direc- countries with the persistence of hunger, and there is increasing recognition that tors when Dillon merged with Kroger in 1983. women bear full responsibility for the key women are the key to sustainable develop- For fifteen years, he taught at the University of issues in ending hunger: family health, nu- ment—the gap between this recognition, and Kansas School of Business, and served as trition, sanitation, education and increas- policies, programs, and action is enormous. Dean from 1974 to 1980. From 1968 to 1970, ingly—family income. Yet women are sys- Now let’s look at 3 examples: tematically denied the information, edu- First, the International Conference on Fi- he was Special Assistant to the U.S. Depart- cation and freedom of action they need to nancing for Development—known as the ment of Labor’s Assistant Secretary for Man- fulfill these responsibilities. Monterrey Summit. The Monterrey Summit power. Joe is a member of the Board of Direc- When women have more voice in decision did address issues like good governance, peo- tors of Federated Department Stores, Inc., and making in the home, their families are ple-centered development, and global respon- Milacron, Inc. healthier, better nourished and better edu- sibility—but the vital role of women in In a career consistently marked by high cated. In Brazil, as well as other countries, achieving sustainable development was not points and achievements, Joe has pursued research shows that income in the hands of recognized. The words ‘‘gender sensitive’’ service to our community with equal enthu- mothers has four times the impact on child made it into the final Monterrey Consensus nutrition as the same income in the hands of document, but the four people who control siasm. He is a member of the Board of Direc- fathers. the world’s purse-strings—President Bush, tors of the Cincinnati City Development Cor- When women gain voice in decision mak- the heads of the World Bank, IMF and the poration; Member of the Board of Trustees of ing in their villages, they have the oppor- European Commission never once mentioned Xavier University; Member of the Advisory tunity to alter the development agenda to the vital role of women. In fact, the word Board of the Cincinnati Chapter of the Salva- address issues critical to meeting basic ‘‘woman’’ was used only once among these tion Army; CoChairman of the Greater Cin- needs. They take action against dowry, do- four keynote speakers and that was in ref- cinnati Scholarship Association; and a Mem- mestic violence, child marriage and child erence to micro credit. labor. Women in positions of leadership Regarding the 2001 New Partnership for Af- ber of the Catholic Commission of Intellectual begin to transform gender relations and to rica’s Development (NEPAD)—we need to and Cultural Affairs. In 2000, he was pre- call into question the deeply entrenched pa- know that this charter does not come close sented with the Distinguished Service Citation triarchal system. They help other women to to recognizing that women are key to devel- by the National Conference for Community know their rights. opment. In fact, women are not adequately and Justice.

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.063 E16PT1 E1806 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 A magna cum laude graduate of Notre environmental justice, to be passionate about TRIBUTE TO BO DIDDLEY Dame University, Joe received an M.B.A. and our lives and the world we live in, and to act Ph.D. from the University of Chicago. He and with wisdom and compassion about the future HON. JOHN CONYERS, JR. his wife, Susan—who is also a dedicated com- of our fragile environment. OF MICHIGAN munity volunteer—have four children. For the information of our colleagues, here IN THE HOUSE OF REPRESENTATIVES All of us in Cincinnati congratulate Joe on is a copy of a news article on Kelly’s passing: Tuesday, September 16, 2003 receiving this prestigious award. [From the Denver Post, Sept. 9, 2003] Mr. CONYERS. Mr. Speaker, in tribute to f BOULDER LAWYER A TRUE FRIEND OF THE Bo Diddley, one of the true pioneers of rock TRIBUTE TO KELLEY GREEN ENVIRONMENT and roll, who has influenced generations, I (By Claire Martin) would like to submit the following excerpt from HON. MARK UDALL She was baptized Frances M. Green but the article entitled ‘‘Pioneer of a Beat Is Still Riffing for His Due’’ written by Bernard OF COLORADO was destined to be Kelley Green, an environmental lawyer and advocate and a philan- Weinraub for the New York Times on Feb- IN THE HOUSE OF REPRESENTATIVES thropist who made sure that her passion for ruary 16, 2003: Tuesday, September 16, 2003 the environment endured beyond her life- [From the New York Times, Feb. 16, 2003] time. Mr. UDALL of Colorado. Mr. Speaker, I rise PIONEER OF A BEAT IS STILL RIFFING FOR HIS Kelley Green, 57, died of uterine cancer DUE today to pay tribute to Frances M. ‘‘Kelley’’ Aug. 25 in Boulder. (By Bernard Weinraub) Green, a citizen of Colorado, who dedicated Green was 44 and a lawyer with a private Every morning at 4 a.m., Bo Diddley walks her life to preserving and protecting Colo- practice in Boulder when, in 1989, she found- into a ramshackle studio on his 76-acre prop- rado’s and the nation’s environment and ed the Boulder-based Land and Water Fund, erty outside Gainesville to write music. Sev- human rights. As a dedicated attorney, philan- now known as Western Resource Advocates. eral electric guitars are scattered on the thropist and teacher, Kelley committed her life ‘‘As a lawyer, she handled these environ- floor. The studio, a double-wide trailer, is to social causes that improved the conditions mental cases, and there was a real absence crammed with recording equipment, a syn- of others and the greater community. then of competent environmental lawyers thesizer and electronic gadgets of obscure A native of Georgia, Kelley graduated from who were available to grassroots environ- types. Piled in every corner are boxes of Wellesley College and received her law de- mental organizations—not only in Colorado tapes of Bo Diddley songs never released. but throughout the interior West,’’ said Mr. Diddley, 74, sat forward on a hard chair gree from George Washington University Law Bruce Driver, Western Resource Advocates’ School. Following law school, she clerked for and lifted a blond-finished guitar, made for executive director. him by a music store in Gainesville. His U.S. District Judge Frank M. Johnson, a key Over the next 10 years, the organization enormous fingers, wrinkled and strong, jurist in civil rights cases in the ’50s and ’60s. became both a resource for budget-chal- grazed the strings. Hooked into an electronic As a child of the ’60s, Kelley’s passions be- lenged environmental groups and an influen- gadget, the strums became the sounds of a came the focal point for her life of public serv- tial advocate of campaigns to protect nat- small orchestra: strings, chimes, a brassy ice, and her vision propelled forward two envi- ural environments in Colorado, New Mexico, horn, an organ and a gospel piano, providing ronmental organizations that will shape the Arizona, Utah, Nevada and Idaho. a thumping echo of Bo Diddley songs. lives of Colorado’s citizens for decades to ‘‘She was tenacious, very smart, and ‘‘I’m still jumping, doing all right,’’ he street-smart,’’ Driver said. ‘‘She was the said, grinning. ‘‘I’m just trying to figure out come. kind of person who could sidle into a room how to stay in the game. America will drop Following law school and her judicial clerk- and not say much for a while. But you could you like a hot potato, I don’t care how big ship, Green practiced law at Wilmer, Cutler tell she’d been listening, because she’d come you are. You’re big one day and the next day, and Pickering in Washington, D.C. In 1976, out and say something that kind of wrapped right away, you’re a has-been. Just trying to she was tapped to serve as a member of everything up in five sentences. She was figure it all out. Maybe I just began.’’ President Carter’s transition team and was ap- very, very intelligent.’’ Bo Diddley is a musical pioneer who has pointed deputy assistant attorney general for Green graduated from Wellesley College influenced generations of rockers, and with the Carter Administration from 1977–1979. and earned her law degree in 1972 from electrifying stars like Chuck Berry and Lit- tle Richard, he reshaped popular music half Colorado was lucky to gain Kelley as a per- George Washington University Law School, where she was notes editor of the law review. a century ago. But despite helping build manent resident in 1982, when she moved to After graduating, she worked as a clerk for rock’s rhythmic foundations, he has never Boulder to work for the National Wildlife Foun- U.S. District Judge Frank M. Johnson, who enjoyed quite the success and recognition of dation at the University of Colorado. In 1989, made key decisions in civil-rights cases of his two contemporaries. Last May all three while running her own private practice, Green the 1950s and ’60s. She became a passionate received the first Broadcast Music Inc. (BMI) founded the Land and Water Fund of the advocate of civil rights and served on the Icon Awards as founders of rock ‘n’ roll. But Rockies, an environmental law and advocacy board of the Southern Poverty Law Center in as a patriarch, Mr. Diddley rivals and in Montgomery, Ala. some ways surpasses his two contemporaries. organization, dedicated to developing solutions Performers as diverse as Elvis Presley, She also was a member of the 1976 transi- tailored to the unique environment of the inte- Buddy Holly, Jimi Hendrix, Mick Jagger and tion team for President Carter and served as rior American West. The group strives to con- Bruce Springsteen have been inspired by the a deputy associate attorney general in 1977– sider the economic, environmental, and cul- syncopated Bo Diddley beat—bomp ba-bomp 79. bomp, bomp bomp—which has been traced to tural implications of all its actions and now has She never married. She threw her energy myriad sources, including the drumbeats of more than 20 employees. into the work she saw as vocation and avoca- the Yoruba and Kongo cultures. At the In 1999, Kelley’s passion for the long term tion. If she joined an organization as a vol- Beatles’ first American news conference in sustainability of the Rocky Mountain West in- unteer, not much time passed before she was 1964, a reporter asked John Lennon, ‘‘What helping run things. spired her to create Earth Walk, an environ- are you most looking forward to seeing here mental science-learning program. Geared to Green first came to the Satyana Institute, in America, John?’’ He replied, ‘‘Bo low-income inner city children, Earth Walk’s a nonprofit training and service organization Diddley.’’ goal is to increase 9 to 12 year olds aware- in Boulder then known as Shavano, to volun- Mr. Diddley’s uses of the electric guitar, ness of the world around them and inspire teer twice a week to file, handle the account- creating special effects like reverb, tremolo ing and other clerking tasks. She went on to them to become environmentalists. With after and distortion, influenced funk bands in the become the first chairwoman of the organi- 1960’s and heavy metal groups in the 1970’s. school programs in Northeast Denver and a zation’s board of directors. summer camp in Utah, Earth Walk is achiev- His strutting and powerful presence onstage, Green invested her own money, along with his sly, wisecracking songs (‘‘Hey, Bo ing its mission. her time, in the causes she adopted. In 1997 Diddley’’), his cocky attitude, jive dialogue, Her personal philanthropy was dem- she founded Denver-based Earth Walk, an en- lyrics of sexual prowess (‘‘I’m a Man’’) and onstrated through the Green Fund, a private vironmental education program offered to ritualized bragging predate rap, which some- foundation supporting environmental projects, urban fourth-, fifth- and sixth-grade students times disgusts him with its language. programs serving women and children and ef- in classrooms and wilderness camps. After ‘‘I opened the door for a lot of people, and forts to educate women in Afghanistan. She she died, friends and associates learned that they just ran through and left me holding she had also created The Green Fund, a pri- the knob,’’ he said with pride and anger. was also a distinguished board member of the vate philanthropic foundation that she used Mr. Diddley is still struggling, still cre- Southern Poverty Law Center in Alabama. to anonymously donate to environmental ating, still reinventing his career, even Colorado and the Rocky Mountain West will projects, women and children’s organiza- though he released few albums in the 1980’s miss Frances Kelley Green, an outstanding tions, and to the education of women in Af- and 1990’s. ‘‘Every weekend I’m booked some- woman who inspired us all to be advocates for ghanistan. where, someplace,’’ he said. ‘‘You got to

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.066 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1807 change, you got to roll with the punches and set to sing ‘‘Bo Diddley,’’ Mr. Diddley said guitars—that evolved into a distinctive come up with something new.’’ that the show’s producers asked him to sing backbeat, described by music historians as Mr. Diddley is hardly shy about pro- Tennessee Ernie Ford’s ‘‘Sixteen Tons,’’ then the meter of ‘‘shave-and-a-haircut, two claiming his importance. ‘‘Have I been recog- a huge hit. Mr. Diddley claimed not to know bits.’’ In the background he added maracas, nized? No, no, no. Not like I should have it, so cue cards were quickly written. Mr. which he built from toilet-tank floats, giving been,’’ he said. ‘‘Have I been ripped off? Have Diddley said he thought he was now to per- the music a Latin texture, and he gave more I seen royalty checks? You bet I’ve been form two songs, not one, and he began with rhythm to the drum beat. The lyrics were ripped off.’’ ‘‘Bo Diddley.’’ Later he drawled, ‘‘Man, often delivered staccato, adding to the Mr. Diddley’s sense of grievance is justi- maybe that was ‘Sixteen Tons’ on those pounding rhythm. fied. Like many other musicians of the cards, but all I saw was ‘Bo Diddley.’’’ Sul- The Bo Diddley beat can be traced to West 1950’s, 60’s and earlier, white and black, he livan was enraged, Mr. Diddley recalled. Africa via Cuba. It is also firmly rooted in was exploited by record companies who took ‘‘He says to me, ‘You’re the first black African-American culture. In rural Mis- care of car payments and home bills but boy’—that’s a quote—‘that ever double- sissippi and elsewhere in the South, slaves never provided an accounting of record sales. crossed me,’’’ Mr. Diddley recalled. ‘‘I was were denied access to traditional drums be- Beyond this, his stature and impact as a ready to fight. I was a dude from the streets cause slaveholders feared they could be used composer, arranger, performer, singer and of Chicago, and him calling me a black boy for communication. So they patted out even humorist have been overlooked. was as bad as him saying ‘nigger.’ They rhythm on their bodies. This became Praise From His Peers pulled me away from him because I was ‘‘Hambone,’’ an African-American musical tradition of stomping and slapping once used ‘‘Still the most underrated rock ’n’ roller ready to fall on the dude.’’ He said Mr. Sul- by shoeshine men and still affecting tap of the century,’’ Phil Everly of the Everly livan told him that he would never work in dance, cheerleading and a host of other dis- Brothers once said. television again. ‘‘I was scared,’’ Mr. Diddley parate pursuits. At the same time, the guitar Robert Santelli, chief executive of the Se- acknowledged. beat in the rural fields of the South was a attle-based Experience Music Project, the The final insult, he said, was that he was common rhythm played by children on interactive music museum, concurred. ‘‘Bo is told to return his $750 fee for the show. In fact, Mr. Diddley’s next television ap- homemade single-string instruments rooted the most misunderstood and the least appre- pearance was seven years later on ‘‘The Clay in Africa called diddley bows. ciated pioneer of rock ’n’ roll,’’ he said. Cole Show’’ on WPIX–TV in New York. He And that, of course, was how Bo Diddley ‘‘That beat—that signature Bo Diddley didn’t appear again on a network show for a got his name. beat—is essential to the rhythm of rock ’n’ decade, until he performed on ‘‘Shindig’’ on roll.’’ f Mr. Santelli, a former official at the Rock ABC in 1965. Mr. Diddley was named Otha Ellas Bates at XEMA JACOBSON—2003 JOHNS ’n’ Roll Hall of Fame in Cleveland, can find birth on Dec. 30, 1928, in McComb in south- LABOR LEADER OF THE YEAR it in every tributary of rock. ‘‘You hear it western Mississippi, a violent civil rights from Springsteen on down—you hear it in battleground in the 1950’s and 60’s. His moth- the Rolling Stones, the Who, the Yardbirds HON. BOB FILNER er, Ethel Wilson, was 15 or 16; he never knew and those first-generation British bands,’’ he OF CALIFORNIA his father, Eugene Bates. His family were said. ‘‘They were trying to find a balance be- sharecroppers; he was raised by his mother’s IN THE HOUSE OF REPRESENTATIVES tween black blues and rhythm-and-blues and first cousin, Gussie McDaniel. ‘‘In fact, Tuesday, September 16, 2003 rock ’n’ roll, and Bo Diddley was the living Momma Gussie raised my Momma,’’ he said. embodiment of that balance.’’ Mr. FILNER. Mr. Speaker, I rise to salute The death of Mrs. McDaniel’s husband, Joe Levy, the music editor of Rolling Robert, in 1934 and the harshness of the De- Xema Jacobson on receiving the 2003 Johns Stone, says he is undervalued in another pression-era rural South led the family to ‘‘Labor Leader of the Year’’ Award in recogni- way. ‘‘He’s still out there, still making Chicago, where they had relatives. tion of her outstanding contributions to the music,’’ he said. ‘‘Here’s this guy who made In Chicago, destination for so many other working men and women of our community. great records and could still make great Southern blacks, the family changed the Xema is a native San Diegan, a graduate of records if he was given the chance.’’ boy’s name to Ellas Bates McDaniel. Mr. Why Mr. Diddley has never quite succeeded Patrick Henry High School and San Diego Diddley said he thought Chicago schools on the level of Mr. Berry or Little Richard is State University, where she earned a Bach- wouldn’t accept him unless Mrs. McDaniel in large measure a consequence of the racial elor’s Degree in Political Science. After grad- was seen as his legal guardian. thicket that black Rock ’n’ roll performers uating from college, she went to work for Con- Ellas soon showed an an aptitude for traversed in the 50’s and 60’s to gain accept- music. At 8 he saw a boy playing violin and gressman Jim Bates, where she served as a ance by a broad white audience. asked Mrs. McDaniel to buy one. The family Casework Supervisor and Field Representa- Mr. Diddley still speaks of what he calls was on relief. So their church, the Ebenezer tive in his Chula Vista District office. the most humiliating moment of his life. In Missionary Baptist Church on the South In 1990, Xema became actively involved in 1959, the singer recalled, he and some of his Side, began a collection, bought him a violin band members, who were black, began swim- the Labor Movement when the San Diego and paid for lessons—50 cents each—by a ming in a pool on a scorching day at the County Building and Construction Trades classical teacher, O. W. Frederick. Bo played Showboat Casino in Las Vegas. As soon as Council hired her as its Director of the Public classical music until he was 15, when he the band members jumped into the pool, the Works Task Force. In this role, she worked broke a finger. (He can no longer play the white families in it climbed out. A pool at- violin because his fingers are too thick, the with the affiliated building and construction tendant put up a sign that said ‘‘contami- result in part of a short teenage career as an trade unions monitoring public works projects nated water,’’ he recalled. amateur boxer.) in San Diego County for compliance with rel- Mr. Berry achieved enduring success partly But more important, the music of the evant labor laws. In addition, she was respon- because adolescent white audiences found his South Side was the blues, thanks to Muddy buoyant, somewhat naughty enthusiasm as sible for filing complaints for violations, con- Waters and many others who had also moved appealing as black teenagers did. Similarly, tracting Awarding Agencies regarding the pub- to Chicago from Mississippi. Little Richard, in contrast to Mr. Diddley, lic contracting process and representing the went out of his way to appeal to white audi- His First Guitar Council on issues involving public works within ences. But even though his original lyrics to Mr. Diddley began playing the drums but the County. ‘‘Tutti-Frutti’’ were bluntly sexual, his sil- yearned to play guitar and sing like his idol, In 1993, the International Brotherhood of ver-lame suits, pancake makeup, thick the Mississippi-born John Lee Hooker. Mr. Electrical Workers Local 569, Laborers Local eyeshadow and high, slick processed pom- Diddley’s stepsister, Lucille, gave him a gui- 89 and Sheet Metal Workers Local 206 hired padour gave him a high-camp sexual ambi- tar for Christmas in 1940, when he was about Xema to monitor public works projects on their guity that rendered him unthreatening to to turn 12. white teenagers and parents. Bo taught himself to play, experimenting behalf. She has spent seven years monitoring Bo Diddley never quite conquered the ra- and duplicating the sound of his bow on the public works projects throughout San Diego cial divide. As George R. White, author of violin by rapidly flicking his pick across the and Imperial Counties and working with the ‘‘Bo Diddley: Living Legend’’ wrote: guitar strings. (He also played trombone and San Diego-Imperial Counties Labor Council in ‘‘Diddley remained firmly rooted in the ghet- the drums in the church band.) creating the Labor to Neighbor political edu- to. Both his music and his image were too He did not treat the guitar gently. ‘‘I cation program. loud, too raunchy, too black ever to cross couldn’t play like everyone else,’’ he said. From 2000–2003, Xema served as Business over.’’ His records were frequently played on ‘‘Guitarists have skinny fingers. I didn’t. Manager of the San Diego County Building Look at these. I got meat hooks. Size 12 jukeboxes and at dances but far less on the Trades Council, serving as the only female radio. Television appearances were rare. glove.’’ He came to approach the guitar as if There were no movie offers. it were a drum set, thrusting the music for- Business Manager in the nation. Representing Mr. Diddley was often uncompromising. In ward. ‘‘I play drum licks on the guitar,’’ he 24 affiliated building and construction trade his dressing room before a 1955 appearance said. The result was an unusual sound—later unions throughout the county, she adminis- on ‘‘The Ed Sullivan Show,’’ on which he was played on his hand-built, exotically shaped tered the building trade agreements at San

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.070 E16PT1 E1808 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 Onofre Nuclear Generating Station, the Pa- committees has enabled the town to avoid fail- take place on Tuesday, August 12, in dres Ballpark, the Olivenhein Dam and the ures that are often associated with uninformed Basalt. This event usually happens on Otay Mesa Generating Facility. She was also policy decisions. The dedication, vision, and the Front Range, but this year the Pi the Chairman of the Board of the National City selflessness with which Mr. Baker has pur- Alpha Alpha Colorado chapter board Parks Apartments; a 150–unit non-profit apart- sued his work deserves our most sincere members will come to Basalt to honor ment community for low-income residents built thanks. Thus, I ask that my colleagues join Baker in his hometown. owned and operated by the Building Trades. with me in thanking Tom Baker for his service In addition, Xema was elected 2nd Vice Presi- and many contributions to his community. He f dent of the San Diego-Imperial Counties Labor is much appreciated. Council and served on its Executive Board For further information on our colleague, I HISPANIC HERITAGE MONTH from 2000 to January 2003. am attaching a copy of a recent story about In December 2002, Xema was appointed by Mr. Baker that appeared in The Aspen Times HON. MARCY KAPTUR Governor Gray Davis to serve a four-year term newspaper on July 25, 2003. OF OHIO as a member of the Executive Committee for BAKER NAMED ‘‘OUTSTANDING’’ TOWN the San Diego County Regional Airport Au- MANAGER IN THE HOUSE OF REPRESENTATIVES thority. The newly created Airport Authority (By Scott Condon) Tuesday, September 16, 2003 oversees the operations of the San Diego Basalt Town Manager Tom Baker has re- International Airport. The Executive Committee ceived a top honor in Colorado as the ‘‘out- Ms. KAPTUR. Mr. Speaker, I rise today in is charged with hiring key Airport Authority standing public administrator of 2003.’’ honor of Hispanic Heritage Month, which runs personnel and, along with the full Board, rec- The Colorado Chapter of Pi Alpha Alpha through October 15, 2003. In our district ommending an airport site to County voters. and the Graduate School of Public Affairs at across Northern Ohio, the community has or- Xema has been active in Democratic poli- the University of Colorado, Denver, selected ganized events to honor our fellow citizens Baker as the winner of the Leo C. with Hispanic heritage. In our communities, tics, serving as Assemblyman and Senator Riethmayer award. It is given annually in Steve Peace’s appointee to the State Demo- Riethmayer’s memory as the founding father Hispanic citizens have long made lasting con- cratic Party from 1990 to 2000. She also of public affairs studies at CU. tributions to all aspects of civic life, including served one term on the State Democratic While Baker was honored to receive the business, education, religion, labor, and poli- Party Executive Board, working on the party recognition, he was characteristically hum- tics. platform committee. ble about his role in earning it. Ohio’s ninth district Hispanic community is In her community, she serves on the Board ‘‘To be singled out for recognition is al- comprised of a large and vibrant Mexican of Directors of the United Way of San Diego, most uncomfortable,’’ he said. ‘‘The whole community is really being acknowledged.’’ American community, a spirited Puerto Rican the Holiday Bowl Committee, and is a member Baker was a finalist for the award last community and many other countries in Cen- of the Stan Foster Construction Tech Acad- year, when his nomination was coordinated tral and South America and the Caribbean emy at Kearny High School Advisory Com- by Basalt Town Councilwoman Jacque whose ancestry is represented. We celebrate mittee. She has previously served as Presi- Whitsitt. The selection committee contacted many important holidays such as Dia de los dent of the Board of the San Diego Food Bank Basalt Mayor Rick Stevens this year and Muertos and Puerto Rico’s Independence, mu- and as the first woman President of the urged him to re-nominate Baker because he sical and artistic celebrations such as Kiwanis Club of Chula Vista. was such a strong candidate. LatinoFest and support the existence of orga- Baker has drawn accolades for helping cre- Xema makes her home in Casa de Oro in ate a ‘‘horizontal, informal’’ type of gov- nizations such as Latins United, Club Taino eastern San Diego County with her husband, erning in Basalt that downplays the role of and many others. Johnny Simpson and their children, Alexandra the elected officials as decisionmakers and Congress first resolved the celebration of and Cody. promotes citizen involvement. Hispanic heritage through Public Law 90–498 Xema Jacobson exemplifies the high values, Town officials estimated 10 percent of Ba- in 1968. At that time the President was asked standards, and principles of the late John S. salt residents, roughly 220 people, are work- to issue annually a proclamation designating ing directly with the town government on Lyons. I offer my congratulations to her on her the week including September 15–16 as Na- recognition as the 2003 ‘‘Labor Leader of the one of many citizen committees. There are currently 14 citizen committees working on tional Hispanic Heritage Week and calling Year Award.’’ issues ranging from the water rate structure, upon the people of the United States, espe- f to how property along the Roaring Fork and cially the educational community, to observe Fryingpan rivers should be developed. the week with appropriate ceremonies. HONORING TOM BAKER OF The idea of drawing so much community BASALT, CO It was not until 1988, however, that the Con- participation is to empower individuals in gress drafted and approved a joint resolution the decisionmaking process, Baker said. It is HON. MARK UDALL meant to avoid the ‘‘us versus them’’ trap to approve a month-long commemoration. politics often falls into when a handful of Hispanic Heritage Month affords us a spe- OF COLORADO elected officials make decisions in a vacuum. cial opportunity to celebrate the contributions IN THE HOUSE OF REPRESENTATIVES Baker was hired as the town manager in of Hispanic Americans, now 38 million strong Tuesday, September 16, 2003 late 1998, and from the start he nurtured the and the nation’s largest minority group. It idea of the town building ‘‘social capital.’’ gives us the opportunity to thank them for en- Mr. UDALL of Colorado. Mr. Speaker, I rise Instead of just reviewing land-use applica- today to acknowledge the distinguished serv- tions, the Town Council and town staff work riching the quality of life in America. It gives us ice of Mr. Tom Baker, the Town Manager of to strengthen civic organizations and causes, the opportunity to learn more about Hispanic Basalt, CO. Mr. Baker is the recipient of the both permanent and ad hoc. Americans and their lives in America. It gives University of Colorado’s Leo. C. Riethmayer Baker received his Bachelor of Science de- us an opportunity to pause and take note that award for the ‘‘outstanding public administrator gree in City and Regional Planning from the no fewer than 40 Hispanic Americans have of 2003’’. Illinois Institute of Technology, and his Mas- been awarded the Medal of Honor, our na- Mr. Baker has proven his dedication to the ter of Public Administration from CU Den- tion’s highest honor for valor in action. It gives ver. us an opportunity to reflect on the commitment Roaring Fork Valley since 1983, having held a He has been a resident of the Roaring Fork variety of local government positions during Valley since 1983 and has held a variety of to social justice exemplified by such leaders his residency. In particular his tenure as Town local government positions, including Aspen as Cesar Chavez and Dolores Huerta. It gives Manager has provided him with the authority Assistant City Manager, Executive Director us an opportunity to resolve to fulfill the dream to restructure Basalt’s local government proc- of the Aspen/Pitkin County Housing Author- of ‘‘si se puede’’ of eradicating poverty and in- ess by downplaying the role of elected officials ity, and Assistant Planning Director for justice and ensuring that all Hispanic Ameri- in the town’s decisionmaking processes, which Aspen and Pitkin County. He received the cans enjoy a full stakehold in American soci- Leadership Aspen Alumni Award in 2001 and ety of the 21st Century. has successfully promoted increased citizen serves on The Aspen Institute’s Community involvement. Forum Board. He is an accomplished So, during this Hispanic Heritage Week, Specifically, Mr. Baker has created citizen facilitator and serves as an advisor to the In- while we celebrate so many extraordinary committees, in which ten percent of Basalt’s stitute of Social Ecology and Public Policy achievements, we are also mindful of the chal- residents participate, to ensure broad con- at Monterey, California. lenges ahead and the bright future for His- stituent involvement in the decisions of the The official presentation and celebra- panic Americans in our changing American town government. The utilization of these tion of the Riethmayer Award will culture.

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A16SE8.073 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1809 TRIBUTE TO ALEX MACHASKEE ford Hotel opened its doors for the first time. erally billions of individuals, the first day of the With its beautiful artwork and antique furniture, 2000’s also became the world’s first deliberate HON. ROB PORTMAN the Oxford offered its patrons class and luxury day of peace. Noting that rare accomplishment, in 2000, OF OHIO in the heart of the American Frontier. It pro- the 106th Congress unanimously rec- IN THE HOUSE OF REPRESENTATIVES vided its patrons with world-class dining facilities. The Oxford also was one of the first ho- ommended that every year begin with a day of Tuesday, September 16, 2003 tels in the West to have an elevator. peace and sharing, and asked that the Presi- Mr. PORTMAN. Mr. Speaker, I rise to rec- Located in the historic Lower Downtown dis- dent annually lead in promoting its observ- ognize Alex Machaskee, President, Publisher trict of Denver, the Oxford is only a walk away ance. and Chief Executive Officer of The Plain Deal- from the city’s most cherished landmarks: The Late in 2001, the United Nations General er in Cleveland, Ohio. Alex will be honored as Denver Mint, the State Capital, Larimer Assembly also recommended that all member the International Business Executive of the Square, and the Denver Center for the Per- nations and all the peoples of the world join in Year by the World Trade Center Cleveland on forming Arts, just to name a few. It’s history its commemoration. Following the tragedy of 9/11, Congres- September 18, 2003. This award recognizes and location helped build the Oxford’s reputa- sional leaders joined me in requesting that the leading Northeast Ohio business executives tion as a cultural beacon in Colorado. This President issue his annual proclamation early for achievements in international business. was reinforced in the 1960’s and 70’s when that year, in order that Americans and others Alex was born in Warren, Ohio. He is a the hotel became renowned for as a jazz cen- around the world could prepare, with food graduate of Cleveland State University with a ter. drives and pledges of nonviolence, for a cele- bachelor’s degree in marketing. He joined The For years I have had the privilege of know- bration intended to help reduce both hate and Plain Dealer in 1960. Before being named ing the owners of the Oxford Hotel: Walter and hunger, locally and globally. However, citing Publisher in 1990, he served five years as Christie Eisenberg and Dana Crawford. And I the ongoing conflict in Afghanistan at the time, Vice President and General Manger. He also must commend them for their fabulous preser- the White House declined. served as Director of Labor Relations and Per- vation of the Oxford as a piece of Colorado At this time of intense international tensions, sonnel, Assistant to the Publisher and Pro- history and for maintaining its reputation as a time when Americans’ true motives are mis- motion Director. one of the West’s best hotels. understood around the world and escalating In addition to his service at The Plain Deal- The Oxford has seen a city, a state, and in- conflicts threaten, we again implore the Presi- er, Alex has been active with a number of deed a whole region grow around it in its 112 dent to take a leadership position in the pro- local and national organizations. He is Chair- years. Even though the country around the mulgation of One Day in Peace, now to be man of the Board of United Way Services, and Oxford has changed dramatically, the hotel known as Global Family Day. served as Chairman of the United Way Cam- has not. This wonderful hotel remains a For as long as half of our human family paign from 2000 to 2001. He is past Chairman unique visiting experience for its patrons. It must live on less than two dollars a day, as and a member of the Greater Cleveland still provides world-class services to all who long as innocent civilians are dying in Iraq and Roundtable, an organization of community stay there. And it is, and shall be, one of Colo- disease devastates Africa, as long as children leaders that works to promote racial amity and rado’s most cherished landmarks for as long are starving in North Korea or go hungry in diversity. Alex also is Vice President of the as it stands. American schools, we know there is room for Musical Arts Association (the Cleveland Or- Mr. Speaker, I encourage my colleagues to improvement in our global family values. And chestra), serves on the Board Governance join me and show support for the Oxford Hotel that is what Global Family Day was created to and the Finance and Administration Commit- and its 112 years of greatness. do. tees of the Cleveland Foundation and is a f I ask all members to join me in supporting member of the Museum Council of the Cleve- this cause. INTRODUCTION OF A RESOLUTION land Museum of Art. Nationally, he is a mem- f ber of the Labor Relations Subcommittee of URGING OBSERVANCE OF GLOB- CHARLES R. FOUQUETTE—2003 the Newspaper Association of America and a AL FAMILY DAY JOHNS FELLOWSHIP AWARD member of the American Society of News- WINNER paper Editors. HON. JOHN CONYERS, JR. Alex’s success has not gone unnoticed. He OF MICHIGAN was awarded the honorary degree of Doctor of IN THE HOUSE OF REPRESENTATIVES HON. BOB FILNER OF CALIFORNIA Humane Letters from Cleveland State Univer- Tuesday, September 16, 2003 sity in 1995 and from the University of Akron IN THE HOUSE OF REPRESENTATIVES in 1998. He also was inducted into the North- Mr. CONYERS. Mr. Speaker, I am pleased Tuesday, September 16, 2003 today to introduce the Global Family Day Res- east Ohio Business Hall of Fame in 2001. Mr. FILNER. Mr. Speaker, I rise to salute olution. Mr. Speaker, Alex’s leadership has been in- Charles R. Fouquette on receiving the 2003 For several years leading up to the turn of tegral to promoting the economy of Northeast Johns ‘‘Fellowship Award’’ in recognition of his the new millennium, a small group of children Ohio, and I hope my colleagues will join me in outstanding contributions to the working men recognizing his accomplishments as he is hon- and mothers patiently petitioned the Congress and women of our community. ored as the International Business Executive and the United Nations, asking that a special Charley is a 10th generation Californian who of the Year. All of us in Southwest Ohio, the day of peace and sharing be established and was born and raised in the San Diego area. area I represent, congratulate him for his out- celebrated on January 1, 2000—a day without After high school, Charley went to work for the standing service, including his commitment to violence, a day when citizens and nations Santee Water District, beginning as an in- our friends in Northeast Ohio. would lay down their arms and extend their staller then serving as an equipment operator, hands in friendship and caring for all the peo- f running bulldozers, loaders and graders, and ples of the earth. This would be a day when building Santee Lakes 2 through 6. HONORING THE 112TH ANNIVER- all people regardless of race, culture, religion In 1965, Charley took a job as a labor fore- SARY OF THE OXFORD HOTEL or economic status might celebrate life on man for a union company, building tilt-up and OF DENVER, COLORADO earth together. lift-slab buildings for the Navy at Camp Pen- ‘‘One Day in Peace January 1, 2000’’ as dleton. When the job was completed, he HON. MARK UDALL designated by the United Nations General As- worked with a number of ironworkers on a job OF COLORADO sembly, and supported by a thousand organi- in Port Hueneme, California. Charley admired IN THE HOUSE OF REPRESENTATIVES zations, a hundred governments, and twenty- these ironworkers strong work ethic and dedi- five U.S. governors, did indeed become a day cation to delivering the best possible product Tuesday, September 16, 2003 of peace, a twenty-four hour period in which for the contractor and themselves. He went to Mr. UDALL of Colorado. Mr. Speaker I rise violence was rare and kindness and coopera- work for Rawlins Steel, a Local 416 company. today to commemorate the 112th Anniversary tion commonplace. While at Rawlins, he worked on projects in of the Oxford Hotel in Denver, Colorado. Despite the very real dangers of riot, ter- Tehachapi, along the coast from Santa Bar- Mr. Speaker, 1891 was a tremendous year. rorism, out-of-control celebrants, and panic bara down to Malibu, and on the offshore is- Fueled by the Silver Rush, it was a time of over expected failure of computer systems lands. great promise for the fledgling State of Colo- worldwide, through cooperation and respon- He returned to San Diego in 1967, and for rado, and in September of that year, the Ox- sible actions by nearly every nation and lit- the next dozen years worked as an ironworker

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.077 E16PT1 E1810 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 for Brawley Steel, Wilson Steel, Bechtel Power Price Index for the elderly, which found that that we celebrate and honor his life. He will be Corp., and finally Saafco Inc. In addition, he the prices of goods bought by the general missed in our community but his dedication to taught the Local 229 Ironworkers Apprentice- public rose by 66.5 percent, while it rose by others and his life example will never be for- ship Classes for 18 years, and served as 72.6 percent for seniors. This difference of gotten. Local 229 Trustee, Executive Board Member, over six percent is significant for someone liv- f JATC Committee Chairman, Vice President, ing on a fixed income, as most seniors do. By President and Business Representative. He penalizing individuals who work in addition to HONORING JOAN MCCAFFERTY was the Building and Construction Trades Del- receiving Social Security benefits, we are hurt- KUPERSMITH egate for 16 years and the San Diego and Im- ing those most in need of assistance. Seniors perial Labor Council Delegate for 12 years. should not be forced to choose between their HON. JAMES P. McGOVERN For 18 years, he was one of three delegates Social Security benefits and earned income. OF MASSACHUSETTS from Local 229 to the District Council of Iron Additionally, forcing seniors to leave the IN THE HOUSE OF REPRESENTATIVES workforce early signifies a valuable loss to our Workers of the State of California and Vicinity, Tuesday, September 16, 2003 and Contract Negotiator until he retired in May country in terms of skilled and experienced 2002. workers. More than ever America is in need of Mr. MCGOVERN. Mr. Speaker, I rise today Charley has been a member of Johns for 18 skilled workers. We should be encouraging to recognize Joan Anne McCaffery Kupersmith years, working to help the Leukemia Society these individuals to continue contributing to of Wilton, Connecticut, who will be feted at and raising money for medical research. He our economy through their tax dollars, and the Patsy’s Restaurant in New York City on Sept. makes his home in Fletcher Hills with his wife, additional goods they can consume thanks to 18, 2003, on the occasion of her fortieth birth- Sue, and shares in the activities of their 10 their added income. day. grandchildren. Sue and Charley are active That is why I am introducing the Social Se- Mrs. Kupersmith was born in Teaneck, New members of the San Diego County Orchid So- curity Earnings Test Repeal Act of 2003. This Jersey on Sept. 18, 1963, and was raised with ciety and the San Diego Horticultural Society, legislation would amend title II of the Social her five terrific siblings in Harrington Park, and he has written the monthly orchid column Security Act by removing the limitation on the New Jersey. She is a graduate of Boston Col- in the California Garden Magazine for 30 amount of outside income which an individual lege and Harvard Law School. An accom- years. may earn while receiving benefits under such plished attorney, Mrs. Kupersmith has chosen Charles R. Fouquette exemplifies the high title. to represent children in the courts of her com- values, standards, and principles of the late Social Security is a right earned by workers munity, providing expert counsel as a court- John S. Lyons. I offer my congratulations to through their hard work. The Social Security appointed attorney for children who need and him on his recognition as the 2003 Johns Earnings Test Repeal Act of 2003 will allow deserve sage support as they navigate our ‘‘Fellowship Award winner.’’ retirees to rejoin the workforce without the fear legal system. of a loss of benefits. We have no right to for- f Mrs. Kupersmith’s work is made possible in bid or difficult someone’s desire to work. I part by the strong support of her husband, INTRODUCING THE SOCIAL SECU- urge my colleagues to support this legislation. Ken, and her loving children, Ryan, Caroline RITY EARNINGS TEST REPEAL Thank you, Mr. Speaker. and Nicholas. Public service is a tradition in ACT OF 2003 f the Kupersmith and McCaffery families, and I RECOGNIZING THE LIFE OF JAMES applaud Joan Anne’s humanitarianism. HON. GENE GREEN GEORGE LEATHERS FOR HIS Mr. Speaker, it is a pleasure to acknowl- OF TEXAS OUTSTANDING SERVICE AND edge such a fine individual, and I am certain IN THE HOUSE OF REPRESENTATIVES DEDICATION TO HIS COMMUNITY the entire House of Representatives joins me in extending our very best wishes to Joan Tuesday, September 16, 2003 HON. MIKE THOMPSON Anne and her entire family at this festive time. Mr. GREEN of Texas. Mr. Speaker, I rise f today to introduce legislation that will allow our OF CALIFORNIA nation’s seniors to keep more of their hard- IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO HAROLD GEBHARD earned money. Tuesday, September 16, 2003 Many seniors prefer to remain active in their Mr. THOMPSON of California. Mr. Speaker, HON. JEFF MILLER retirement, even though they may have cho- I rise today to express my sadness regarding OF FLORIDA sen to leave their career jobs. Some seniors the recent passing of a leader in our commu- IN THE HOUSE OF REPRESENTATIVES find second careers later in life which enrich nity, James George Leathers. Tuesday, September 16, 2003 their lives and supplement their income. Born in San Francisco on September 4, Unfortunately, the Social Security Earnings 1918, Jim passed away on Monday, Sep- Mr. MILLER of Florida. Mr. Speaker, I rise Test prohibited these individuals from receiv- tember 1, 2003, with his wife Dorothy Worth today to honor one of this Nation’s most distin- ing full Social Security benefits if their incomes Leathers and his family by his side in Wood- guished and dedicated Postmasters, Mr. Har- exceeded a certain amount. The earnings test land, California. Jim graduated from the Uni- old L. Gebhard. After 50 years of faithful serv- was especially unfair for seniors who relied on versity of California at Davis in 1939. After ice to our Nation, the past 28 years of which that additional income to supplement their So- successfully beginning both their farming oper- he has served the Northwest Florida commu- cial Security checks, because they would, in ation and their family, Jim and Dorothy built nities through the United States Postal Serv- effect, lose half of their Social Security benefit. their dream home in Woodland in 1950, plant- ice, Mr. Sutton deserves to be recognized as Recognizing the unfairness of this situation, ed their garden and joined the community. Jim an outstanding public servant. the Congress passed, and on April 7, 2000, and Dorothy had 5 sons and 1 daughter and Mr. Gebhard began his devotion to our be- President Clinton signed H.R. 5, the Senior were blessed with 20 grandchildren and 5 loved Nation in 1952, when he enlisted in the Citizens’ Freedom to Work Act. This law elimi- great grandchildren. United States Air Force. He continued with nated the Social Security earnings test for re- Jim was loved in Woodland for his valor in Vietnam from 1968 to 1969 and was cipients between the ‘‘full retirement age’’ (cur- unstinting community dedication. His service awarded both a Bronze Star and a Vietnam rently age 65 and eight months) and age 70. encompassed youth activities, both sports and Cross of Gallantry when he returned home. While this law was a great victory for sen- scouting and included the chairmanship of the Mr. Gebhard served 221⁄2 years in the armed iors who chose to work once they reached re- Woodland Memorial Hospital Foundation services, achieving the rank of Chief Master tirement age, it does not eliminate the earn- board. He dedicated himself to the agricultural Sgt., EÐ9. ings test for seniors who choose to retire early community as well and was instrumental in In 1975, Mr. Gebhard came to our commu- at age 62. These individuals, who might also forming the Farmers Rice Cooperative and the nity and began as a mail handler in the Pen- rely on employment income to supplement California Rice Research Committee. In 1968 sacola Mail Processing Plant. A short 5 years their Social Security checks, are simply out of he was named the Agriculture Businessman of later, he was promoted Postmaster in luck. the Year for Yolo County and later served for McDavid, FL and in 1983; Mr. Gebhard was This situation unfairly penalizes many sen- 5 years on the California Air Resources Board again promoted to Superintendent of Postal iors who need to continue to work after they during the Jerry Brown administration. Operations in Cantonment, FL. For the past 8 reach retirement age. The Bureau of Labor Mr. Speaker, Jim’s generosity and example years he has kept watch as Postmaster and Services compiled an experimental Consumer of service inspires us all and it is appropriate continues his tenure there today. Over the

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.080 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1811 course of his remarkable career, Mr. Gebhard sionals is nothing more than a group inde- to regain admission. The People’s Republic of has remained focused on maintaining impec- pendent of the government controlled medical China (PRC) has blocked those efforts. The cable customer relations while serving area association. On Capitol Hill, we meet with doz- PRC, one of the five permanent Security residents. ens of associations representing medical pro- Council members, which determines new UN Upon his 50th anniversary of Federal serv- fessionals, but under the Castro dictatorship, membership, continually pressures other na- ice, his wife Leigh Gebhard, and both those there can only be one medical association in tions not to support Taiwan’s membership. he has helped serve and those he has worked Cuba and it is controlled by the dictatorship. The 23 million people of Taiwan have much with, appreciate and respect the work he has Dr. Garcia Paneque was detained March to contribute, both intellectually and financially, accomplished over the years. I feel confident 18, sentenced on April 4 to 24 years in prison, to many international organizations, including in saying that Mr. Gebhard truly has an impact and transferred on May 17 to Villa Clara Pro- the UN. Clearly, the people of Taiwan should in the lives of those around him. vincial Prison with his hands and feet tied be- also benefit from any positive work these or- Mr. Speaker, I would like to offer my sincere hind his back. It was a 7-hour ride by truck. ganizations engage in as well. and heartfelt congratulations to Mr. Harold L. According to what his wife has been told by It is unreasonable for the people of Taiwan Gebhard on his 50th anniversary in serving his jailers, he was transferred to a prison 300 to be excluded from full participation in inter- the public. For the past 50 years, he has dedi- miles from where she lives to deny her and national institutions. Denying Taiwan member- cated himself towards helping the residents of their four children regular visitation. ship in the United Nations and other inter- Northwest Florida and for that we will be for- Dr. Garcia Paneque’s wife, Yamile Llanez, national organizations, such as the World ever grateful. Mr. Speaker, on this such occa- is a lawyer and also a member of the opposi- Health Organization, is unacceptable. sion, we honor one of America’s greatest pub- tion movement. Because of her activities in For the past several years, both Houses of lic servants. support of human rights, she has been the U.S. Congress have consistently intro- f stripped of her job and her food ration card. duced and passed legislation supporting Tai- She and her children are dependent on charity wan’s meaningful participation and member- DR. JOSE LUIS GARCIA PANEQUE— to survive. ship into the United Nations and the World CUBAN SURGEON, HUMAN Dr. Garcia Paneque has lost 30 pounds Health Organization. This important legislation RIGHTS ADVOCATE, AND POLIT- since he was detained on March 18. He is restates our support and our commitment to ICAL PRISONER currently held in something worse than solitary the progress of Taiwan’s democracy. confinement: a dark 2.5 by 5 foot punishment I believe that Taiwan’s full and equal mem- HON. LINCOLN DIAZ-BALART cell. In his cell, he cannot move or exercise, bership in the United Nations and other inter- OF FLORIDA and there are absolutely no sanitary facilities. national organizations is long overdue. Now is IN THE HOUSE OF REPRESENTATIVES He suffers from currently untreated asthma, al- the time to right the wrong committed in 1971, Tuesday, September 16, 2003 lergies, and skin fungus. by granting Taiwan the status it deserves. Mr. Speaker, I ask my colleagues to know Mr. LINCOLN DIAZ-BALART. Mr. Speaker, I Mr. Garcia Paneque’s name. And know the f come today to the floor of the House to speak name of his wife, Yamile Llanez. I ask Mem- about Cuban political prisoner Dr. Jose Luis INTRODUCTION OF THE bers to learn the names of the other political STRENGTHENING SCIENCE AT Garcia Paneque, Surely few of my colleagues prisoners I have spoken about from the floor are aware of the case of Dr. Jose Luis Garcia THE ENVIRONMENTAL PROTEC- of the U.S. House of Representatives: Ibarra, TION AGENCY ACT Paneque, but that does not make his impris- Rivero, Leyva, Antunez, Espinosa, Roque. I onment by the Castro dictatorship any less ask Members who visit with Castro to also brutal and inhumane, or any less deserving of raise the names of these brave political pris- HON. VERNON J. EHLERS our attention. oners, to demand to visit them, and to de- OF MICHIGAN Mr. Speaker, more of my colleagues need mand their release. IN THE HOUSE OF REPRESENTATIVES to know the names of Cuba’s many political Mr. Speaker, I ask for my colleagues to be- Tuesday, September 16, 2003 prisoners. lieve what Dr. Garcia Paneque believes: that Dr. Garcia Paneque is 38 years old, mar- Cuba should be free. Mr. EHLERS. Mr. Speaker, today I am ried, with four young children. He is a talented pleased to introduce legislation that will f medical professional with an entire life and fu- strengthen the role that science plays within ture ahead of him. However, he was born after RESOLUTION SUPPORTING UNITED the Environmental Protection Agency. This the Castro dictatorship’s take-over and into the NATIONS MEMBERSHIP FOR TAI- legislation is precisely the same bill that totalitarian nightmare that some Castro syco- WAN passed the House in April of last year (H.R. phants say has improved the lives of the 64 in the 107th Congress). Cuban people. Dr. Garcia Paneque does not HON. MARILYN N. MUSGRAVE I introduce this today on the heels of the see it that way, because he is not free. He is OF COLORADO Administration’s renewed interest in passing a young doctor in jail because of his belief in IN THE HOUSE OF REPRESENTATIVES legislation that would promote EPA to a cabi- freedom. net-level department. I still support efforts to Dr. Garcia Paneque was arrested, along Tuesday, September 16, 2003 elevate EPA without significant structural with more than 100 others, in the March 2003 Mrs. MUSGRAVE. Mr. Speaker, I rise today changes, yet I strongly believe that the sci- crackdown, on the internal opposition. What to introduce a resolution calling for Taiwan to entific and regulatory arms of the Agency was his crime? He provided free medical care become a member of the United Nations. should be more integrated. The Administration independent of the government, opened a pri- The resolution states that it is the sense of has recently shown a new willingness to ac- vate library, defended human rights, and Congress that ‘‘(1) Taiwan and its 23 million cept some restructuring proposals as part of worked with the independent media. people deserve full and equal membership in legislation to elevate EPA. In fact, during a re- Imagine, Mr. Speaker, there are Members of the United Nations and other international or- cent congressional hearing the acting EPA Ad- Congress who have dined with Castro and ac- ganizations; and (2) the United States should ministrator testified that, ‘‘the time has come to tually point to the dictatorship’s health care take a leading role in gaining international establish EPA as a permanent member of the system as a model, yet I am sure they do not support for Taiwan’s participation in these or- Cabinet, modernizing its structure in a straight- even know the name of this man who was ar- ganizations.’’ forward way to ensure it can respond effec- rested because he was the leader of a re- Taiwan, a strong advocate of human rights tively to future environmental challenges.’’ gional branch of the unofficial Independent and fundamental freedoms, and a bastion of If restructuring proposals are included in Medical Association. Dr. Garcia Paneque gave economic strength, deserves the same privi- elevation legislation, then the most funda- medical treatment to Cubans who were denied leges as all other thriving democracies. With mental and straightforward reform needed at that treatment by the system run by the dicta- the election of its President, Mr. Chen Shui- the EPA is to strengthen the role that science torship. bian, in a free and fair election in March 2000, plays in the Agency’s regulatory decision-mak- You see, Mr. Speaker, the Castro dictator- Taiwan continues to strengthen its democracy ing process. Science must infuse this process. ship uses access to medical treatment, food, by improving safeguards for human rights and Too often it is used as a cudgel to win a legal education, and other things we take for grant- contributing to the international community. battle, or as an afterthought to the regulatory ed, as a tool of political control. Dr. Garcia Taiwan was driven out of the United Nations process, rather than as the foundation of a Paneque’s association of medical profes- in 1971 and, since then, has continually tried regulatory decision.

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.084 E16PT1 E1812 CONGRESSIONAL RECORD — Extensions of Remarks September 16, 2003 The need to strengthen science at the EPA even the worst performing stock-indexed fund increased communication with families both is well-documented. The most recent report, in the Thrift Savings Plan in 2002, with the here and overseas. Distance learning capabili- issued by the National Research Council, price of gold increasing by nearly 25 percent ties have been added for student and district made two major recommendations. First, that in the year and by more than nine percent in personnel. the EPA create a new Deputy Administrator December! Fort Sam Houston ISD schools have experi- for Science and Technology to serve as an Recent gains aside, precious metals have a enced major facility renovations and new con- advocate for and reviewer of science at the number of features that make them a sound struction as part of the Long-Range Facility most senior levels of the Agency. Second, that part of a prudent investment strategy. In par- Plan developed under Dr. Kiehle’s leadership. EPA set a fixed term for the Assistant Admin- ticular, inflation does not erode the value of Early in her administration, a new JROTC istrator of the Office of Research and Develop- precious metals is not eroded over time. Thus, Building was built on the Cole campus, with ment. These changes would help elevate the precious metals can serve as a valuable ‘‘in- the existing building renovated into a multi- role of science in the decision-making process flation hedge.’’ Precious metals also maintain, purpose Professional Development Center. at the Agency, as well as provide more sta- or even increase, their value during times of Mr. Speaker, it is my distinct pleasure to bility to existing research efforts inside of the stock market instability, such as what the commend Dr. Anne S. Kiehle for her hard Agency. The legislation I am introducing today country is currently experiencing. Thus, invest- work and dedication to Fort Sam ISD. It is the captures both of these ideas and will help en- ments in precious metals can help ensure that perseverance and dedication of women like sure that science informs and infuses the reg- an investment portfolio maintains its value dur- her that have made Fort Sam Houston ISD a ulatory work of the EPA. ing times of economic instability. great institution for students to attend. I urge the Administration not to go too far Federal employees could greatly benefit f down the road of ‘‘structural changes’’ and to from the protection against inflation and eco- tightly adhere to their goal of accepting only nomic downturns provided by prudent invest- IN MEMORY OF ANDREA MARTIN straightforward ones. This legislation is one of ments in precious metals. I, therefore, once the simplest, straightforward, and yet most ef- again urge my colleagues to cosponsor the HON. NANCY PELOSI fective structural changes Congress can Thrift Savings Fund Improvement Act. OF CALIFORNIA make. It will truly improve the decision-making f IN THE HOUSE OF REPRESENTATIVES process at EPA. Additionally, this proposal has Tuesday, September 16, 2003 already passed the House and garnered the COMMEMORATING THE RETIRE- support organizations from the scientific and MENT OF ANNE S. KIEHLE, PH.D, Ms. PELOSI. Mr Speaker, I rise to pay trib- business community. I look forward to working SUPERINTENDENT OF FORT SAM ute to the inspirational life and work of Andrea with the Administration on this legislation and HOUSTON ISD Martin, who died peacefully at her home on urge my colleagues to support it. August 6. A loving wife, devoted mother, and treasured friend, Andrea was a woman of in- f HON. CHARLES A. GONZALEZ OF TEXAS comparable courage. A champion in the fight THRIFT SAVINGS IMPROVEMENT IN THE HOUSE OF REPRESENTATIVES against breast cancer both locally and nation- ACT ally, she used her resources and creativity to Tuesday, September 16, 2003 expose a national health crisis and fight a crit- HON. RON PAUL Mr. GONZALEZ. Mr. Speaker, I rise today ical battle. She fought for all of us by advo- OF TEXAS to commend Dr. Anne S. Kiehle, Super- cating for safer and earlier detection, less toxic IN THE HOUSE OF REPRESENTATIVES intendent of Fort Sam Houston Independent treatments and research into environmental School District (ISD). Dr. Kiehle’s many con- causes. Andrea’s memory will be cherished by Tuesday, September 16, 2003 tributions to education over her distinguished her friends and loved ones and by those Mr. PAUL. Mr. Speaker, I rise to introduce 36 year career has been recognized by her countless women whose lives she touched the Thrift Savings Fund Improvement Act. This fellow educators. She has served as president through her relentless advocacy. legislation to expand the investment options of the Texas Elementary Principals and Super- Born in New York City and raised in Mem- available to congressional and other federal visors Association (TESPA) as well as an ac- phis, Tennessee, Andrea graduated from employees by creating a precious metals in- tive member of numerous educational organi- Tulane University and received her master’s vestment fund in the Thrift Savings Plan zations including the National Association of degree in French while on a fellowship at (TSP). Adding a precious metals fund to the Federally Impacted School (NAFIS), Military Tufts University. She moved to San Francisco TSP will enhance the plan’s ability to offer Impacted Schools Association, and American in 1969, where she taught French at a local congressional employees a wide range of in- Association of School Administrators (AASA). high school. Six years later, Andrea earned a vestment options that can provide financial se- Additionally, she participates in the National law degree from Hastings College at a time curity even during difficult economic condi- Center for Educational Research and Tech- when few women had the opportunity to at- tions. nology (NCERT), the Association of Super- tend law school. Five years after she joined All of us recognize the importance of main- visors and Curriculum Development (ASCD), the law firm of Crosby, Heafey, Roach, and taining a professional congressional staff and and the Texas Association of School Adminis- May, Andrea left the practice to open Hog promoting longevity of service in order to en- trators (TASA). Heaven, a Memphis-style barbeque res- hance stability in the operations of Congress. Dr. Kiehle, who assumed top leadership role taurant. This is why we have recently enacted legisla- at Fort Sam Houston ISD in May 1996, has In 1989, Andrea was diagnosed with breast tion authorizing new benefits, such as a stu- guided the school district to its current ‘‘Exem- cancer and told that she had little chance of dent loan forgiveness program, and have plary’’ status as designed by the Texas Edu- survival. Andrea’s determination and strength taken other measures to improve staff com- cation Agency which rate student perform- of character motivated her to overcome this pensation and benefits. ance, drop-out rates, and attendance. challenge. After a difficult year of treatment, The Thrift Savings Plan is one of the most Dr. Kiehle is also responsible for Fort Sam she joined DIANNE FEINSTEIN’s gubernatorial important benefits offered to congressional Houston ISD’s involvement in the Military campaign in California and became a top employees. A strong TSP can obviously play Child Education Coalition, an international or- fundraiser for Senator FEINSTEIN. a key role in attracting and retaining talented ganization whose mission is to establish part- After being diagnosed with breast cancer for individuals to serve in the legislative branch. nerships and provide networking of schools a second time in 1991, Andrea chose to take However, the three stock index funds in the and military installations regarding educational the offensive. She founded the Breast Cancer Thrift Savings Plan have not recently per- issues related to the military child. She has Fund in the living room of her San Francisco formed well, especially when measured worked with MCEC officials on local arrange- apartment. Through her dedication and hard against inflation. In 2002, for example, losses ments for a Department of Defense Round- work, she transformed the Fund into one of from these funds were greater than three, table Discussion for education of military stu- the most influential breast cancer research ad- four, and five percent, respectively, in the dents. vocacy group in the nation. month of December and, more than 15, 18, Technology has been one of Dr. Kiehle’s For the rest of her life, she would be an im- and 22 percent, respectively, for the entire major initiatives beginning with networking of portant national leader in the fight against year! the school district, providing district personnel breast cancer. Andrea was a relentless advo- In contrast, increases in gold spot prices and students with computer hardware and cate who helped convince elected officials, more than offset the losses experienced by software for instruction, record keeping, and health officials, and scientists to spend more

VerDate jul 14 2003 06:13 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A16SE8.087 E16PT1 September 16, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1813 time and money discovering and eliminating twenty-five of my colleagues, the ‘‘Child Care Eighty-six years ago, insurance executive the environmental causes of breast cancer. Lending Pilot Act of 2003.’’ This legislation will Melvin Jones and his fellow business associ- Her conviction to educate the public on the create a three-year pilot program that allows ates gathered and formed Lions International. environmental links to breast cancer inspired small, non-profit childcare businesses to ac- Originally, the Lions International was formed the CDC bio-monitoring legislation that I spon- cess financing through the Small Business Ad- to perform humanitarian service. In 1925, sored. ministration’s Certified Development Company Helen Keller spoke at one of their conventions Andrea ‘‘climbed against the odds,’’ literally (CDC)/504 loan program. where she challenged Lions International to and figuratively. Leading other survivors in the As a Ranking Member of the House Com- become her ‘‘Knights of the Blind in the cru- extraordinary mountain-climbing expeditions of mittee on Small Business, I believe the SBA’s sade against darkness.’’ From this time, Lions Mt. Aconcagua in the Andes, Alaska’s Mt. 504 loan program is the perfect vehicle to ex- clubs have been actively involved in service to McKinley, and Japan’s Mt. Fuji, she helped in- pand the availability of affordable, quality the blind and visually impaired. crease public awareness and raised over a childcare in this country. In the fall of 1923, a similar group of Nash- million dollars for breast cancer research. She Currently, only for-profit childcare busi- ua business leaders gathered at the old taught us that ‘‘working together with daring, nesses are eligible for 504 loans, yet in many YMCA and were chartered as the Nashua dedication and determination, we can not only states, the majority of childcare is delivered Lions Club. The men and women of the Nash- climb mountains one step at a time, but we through nonprofit providers. In addition, non- ua Lions have since heeded the call of Helen can move them.’’ profits are often the only daycare providers in Keller and have lived by the Lions motto ‘‘We Andrea helped change how we talk and low-income communities. Serve.’’ think about breast cancer—from a private Mr. Speaker, The Child Care Lending Pilot challenge to a public health crisis that must be Act will provide licensed nonprofit childcare This year marks an important milestone for surmounted. She fought her battles like a providers access to desperately needed fund- the Nashua Lions Club. For the past 80 years, fierce warrior, but lived her life with serenity ing to start new centers with loan dollars that the Nashua Lions has served the greater and grace. may not ordinarily be available without the in- Nashua community by raising over $1 million To Andrea’s husband, Richard Gelernter, centive of a guarantee from the SBA. that has gone to purchase eye examinations, her daughter, Mather, her father and step- The 504 program is an appropriate vehicle eye glasses, eye surgery, and hearing aids for mother, Irwin and Becky Ravinett, and to all for this initiative because it was created to needy children and adults. her family and friends, thank you so much for spur economic development and rebuild com- But the true measure of their impact on sharing Andrea with us, and with the countless munities. Nashua is not in the dollars they have raised, breast cancer survivors who relied on her in- Financing through the 504 program will en- but in the many lives they have touched. domitable spirit. As Andrea’s friend and col- courage the establishment and viability of During the last year and with the help of the league, Wanna Wright, so movingly wrote, childcare businesses because the program re- New KidSight camera, the Nashua Lions have ‘‘her vision, like light, illuminated our lives.’’ quires the borrower to only put down between tested more children between the ages of 3 f 10Ð20 percent of the loan, with fixed interest months and 4 years than any club in the entire rates for up to 20 years. state. THE CHILD CARE LENDING PILOT Furthermore, the borrowers and lenders ACT OF 2003 who participate in the 504 program cover the In the early 1950s, the Nashua Lions led by costs through program fees, which means former Mayor Mario Vagge built the Friendship HON. JUANITA MILLENDER-McDONALD there is no appropriation required to cover Club—a place for handicapped Nashua resi- OF CALIFORNIA these loans. dents to go and socialize. The club is still in IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, our children, all of our, chil- use today and has been a home away from home for many, including the famous author Tuesday, September 16, 2003 dren, deserve the same quality of care no matter where they live, and I know that this Richard Chaput of Nashua. Ms. MILLENDER-McDONALD. Mr. Speaker, legislation is a strong step in leveling the play- Whether working with school nurses, local I rise today to talk about an important issue for ing field for parents in low-income commu- hospitals, Lions Camp Pride, Camp Carefree, many working families in this country—access nities who simply wish the best for their chil- or the Lions Haunted House, the Nashua to affordable childcare. dren. Lions have responded to Helen Keller’s call to As all parents know, quality childcare is very I hope that my colleagues would support service. hard to find, and it is also very expensive. It this effort, and ensure that affordable childcare In addition to their numerous community is especially expensive for families with low is available to all families. and moderate incomes. According to the Chil- and charity efforts, the Nashua Lions have dren’s Defense Fund, childcare for a four- f also provided leadership to the entire Lions year-old child averages between $4,000 and TRIBUTE TO THE NASHUA LIONS International Organization. During their 80 $6,000 per year in cities and states around the CLUB year history, Nashua has had three district nation. Governors: Clifford Sloan, Joseph Bielawski, With so many families comprised of two par- HON. CHARLES F. BASS and most recently Edward Lecius. ents who are working, the need for childcare OF NEW HAMPSHIRE Mr. Speaker, the Nashua Lions are a true example of America’s volunteer spirit. Their has increased dramatically over the last few IN THE HOUSE OF REPRESENTATIVES years, and we as a nation need to ensure that leadership, compassion, and hard work have the children of these hardworking Americans Tuesday, September 16, 2003 helped make the Gate City a wonderful place have a safe, reliable, and moderately priced Mr. BASS. Mr. Speaker, I rise to pay tribute to live, work, and raise a family. It is with great place to learn and grow. to the Nashua Lions Club in recognition of pleasure that I rise to express my thanks and Mr. Speaker, it is for these reasons that I their 80th anniversary on September 22 of this congratulations for their 80 years of devoted am pleased to introduce today, with over year. services to their community and state.

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HIGHLIGHTS Senate passed S.J. Res. 17, FCC Media Ownership. Senate passed H.R. 2754, Energy and Water Development Appropria- tions. Senate Reid (Domenici/Reid) Amendment No. 1668, to Chamber Action provide funds for the Bureau of Reclamation Loan Routine Proceedings, pages S11501–S11588 Program Account. Page S11531 Measures Introduced: Six bills and three resolu- Domenici (for Kyl) Amendment No. 1676, rel- tions were introduced, as follows: S. 1618–1623, S. ative to the Lower Colorado River Basin Develop- Res. 226–227, and S. Con. Res. 69. Page S11568 ment Fund. Page S11533 Measures Reported: Reid (for Daschle/Johnson) Amendment No. 1677, to set aside additional funds for the Mni Special Report entitled ‘‘Further Revised Alloca- Wiconi project, South Dakota. Page S11533 tion to Subcommittees of Budget Totals for Fiscal Domenici (for Shelby) Amendment No. 1678, to Year 2004’’. (S. Rept. No.108–148) Page S11568 set aside funds for certain projects and activities at Measures Passed: the Alabama-Coosa River, Alabama. Page S11533 FCC Media Ownership: By 55 yeas to 40 nays Reed Amendment No. 1659, to prohibit the use (Vote No. 348), Senate passed S.J. Res. 17, dis- of funds for certain activities relating to advanced approving the rule submitted by the Federal Com- nuclear weapons concepts, including the robust nu- munications Commission with respect to broadcast clear earth penetrator. Pages S11534–38 Reid (for Inouye) Modified Amendment No. media ownership. Pages S11501–19 1646, to modify the provision relating to the Energy and Water Development Appropriations: Waikiki Beach project, Oahu, Hawaii. Page S11538 By a unanimous vote of 92 yeas (Vote No. 350), Reid (for Feinstein) Modified Amendment No. Senate passed H.R. 2754, making appropriations for 1656, to authorize a wastewater infrastructure energy and water development for the fiscal year project for Coronado, California. Page S11538 ending September 30, 2004, after taking action on Domenici Amendment No. 1681, relative to eco- the following amendments proposed thereto: nomic development. Page S11538 Pages S11521–51 Reid Amendment No. 1682, to provide additional Adopted: funds for certain water resources development Reid (for Domenici/Reid) Amendment No. 1665, projects. Page S11538 to rescind certain funds from the Working Capital Domenici (for Smith) Amendment No. 1683, to Fund. Pages S11521, S11531 direct the Secretary of the Interior to conduct a Reid (for Domenici/Reid) Amendment No. 1666, water supply feasibility study for Tualatin River to provide additional funds for certain water and re- Basin, Oregon. Page S11538 lated resources. Page S11531 Domenici (for Kyl) Amendment No. 1687, to au- Reid (for Domenici/Reid) Amendment No. 1667, thorize the Secretary of the Interior to extend, on an to provide additional funds for the Middle Rio annual basis, the repayment schedule of certain debt Grande, New Mexico project, and for the Lake to facilitate Indian water rights settlements in the Tahoe Regional Wetlands Development project. State of Arizona, with an offset. Page S11539 Page S11531 Reid Amendment No. 1688, to provide that $500,000 may be used for completion of design and D998

VerDate jul 14 2003 06:20 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE3.REC D16SE3 September 16, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D999 initiation of construction of the McCarran Ranch, of Energy to report to Congress on acquisitions made Nevada, environmental restoration project. by each Department of articles, materials, or supplies Page S11539 manufactured outside the United States. Page S11541 Domenici (for Dole) Amendment No. 1689, to set Domenici/Reid Amendment No. 1706, to make a aside funding in connection with the harbor of technical correction. Page S11541 Morehead City, North Carolina, for a project to dis- Domenici Amendment No. 1707, to make a tech- perse sand along Bogue Banks. Page S11539 nical correction. Page S11541 Domenici (for Bennett) Amendment No. 1690, to Domenici Amendment No. 1708, to provide provide for a transfer of funds to the Bureau of Rec- funding to preserve Department of Energy historical lamation to conduct a feasibility study for the pur- sites and other aspects of the history of its programs. poses of providing water to Park City and the Page S11541 Snyderville Basin, Utah. Page S11539 Byrd Amendment No. 1709, to set aside funding Reid (for Wyden) Amendment No. 1691, to set for the Administration’s Clean Energy Technology aside funding for dredging and other operation and Exports Initiative. Pages S11541, S11543 maintenance of the Rogue River, Gold Beach, Or- Reid (for Bingaman) Amendment No. 1710, to egon. Page S11539 limit the availability of funds for the Advanced Con- Reid (for Levin) Amendment No. 1692, to pro- cepts Initiative of the National Nuclear Security Ad- vide funds for use in carrying out Great Lakes reme- ministration pending a report on activities under the dial action plans and sediment remediation programs initiative. Page S11541 under the Water Resources Development Act of Domenici (for Voinovich) Amendment No. 1711, 1990. Page S11539 to set aside funding for the Great Lakes fishery and Domenici (for Cochran) Amendment No. 1696, to ecosystem restoration program. Page S11541 increase the authorization of appropriations for the Reid Amendment No. 1712, to provide funds to provision of environmental assistance for the State of the State of Nevada to purchase water rights from Mississippi. Page S11540 willing sellers and make necessary improvements for Reid (for Dorgan) Amendment No. 1697, to pro- Carson Lake and Pasture, and to provide funds for vide that the funds made available for a transmission the purchase of bottled water for schoolchildren in study on the placement of 500 megawatt wind en- Fallon-area schools. Page S11541 ergy in North Dakota and South Dakota shall be Domenici (for Specter) Amendment No. 1713, to nonreimbursable. Page S11540 direct the Secretary of the Army to provide tech- Reid Amendment No. 1698, to provide additional nical, planning, design, and construction assistance funds for the Recreation Management Support Pro- for the Schuylkill River Park, Philadelphia, Pennsyl- gram. Page S11540 vania. Page S11541 Reid (for Conrad) Amendment No. 1699, to mod- Reid/Domenici Amendment No. 1714, to direct ify the project for flood control, Park River, Grafton, the Secretary of the Interior to lease certain public North Dakota. Page S11540 lands in Wyoming. Pages S11541–42, S11543–44 Domenici (for Thomas) Amendment No. 1700, to Domenici (for Warner) Amendment No. 1715, to direct the Western Area Power Administration to appropriate funds to develop an environmental im- provide electrical power supply and delivery assist- pact statement for introducing non-native oyster spe- ance to the local distribution utility as required to cies into the Chesapeake Bay. Page S11542 maintain proper voltage levels at the Big Sandy Domenici/Reid Amendment No. 1716, to provide River Diffuse Source Control Unit. Page S11540 for additional funds for the maintenance of certain Reid Amendment No. 1701, to provide $100,000 harbor channels. Page S11542 for initiation of feasibility studies to address erosion Reid (for Reed) Amendment No. 1717, to make along the Bayou Teche, Louisiana within the available funds for the Office of Electricity and En- Chitimacha Reservation. Page S11540 ergy Assurance. Page S11542 Domenici (for Bennett) Amendment No. 1702, to Reid (for Corzine/Lautenberg) Amendment No. provide a definition of rural Utah for the purposes 1718, to provide additional funding for the project of the environmental assistance program. Page S11540 for Passaic River Steambank Restoration, Minish Reid Amendment No. 1703, to provide funds for Park, New Jersey, with an offset. Page S11542 water resource development projects. Page S11540 Domenici (for Grassley/Murkowski) Amendment Reid (for Wyden) Amendment No. 1704, to set No. 1719, to require the Secretary of Labor to pro- aside funding for a defense and security research cen- vide technical and managerial assistance to the Sec- ter. Page S11540 retary of Energy to carry out claims-related activities Reid (for Feingold) Amendment No. 1705, to re- under the Energy Employees Occupational Illness quire the Secretary of the Interior and the Secretary Compensation Program Act 2000. Page S11542

VerDate jul 14 2003 06:20 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE3.REC D16SE3 D1000 CONGRESSIONAL RECORD — DAILY DIGEST September 16, 2003 Reid (for Schumer) Amendment No. 1720, to (listed above), Santorum (for Bingaman) Amendment prohibit the use of funds for the Great Lakes Sedi- No. 1722, to improve administration of the Energy ment Transport Models. Page S11542 Employees Occupational Illness Compensation Pro- Reid (for Schumer) Amendment No. 1721, to re- gram Act (EEOICPA) be agreed to. Pages S11550–51 instate and transfer a hydroelectric license to permit Authorizing Senate Legal Representation: Senate redevelopment of a hydroelectric project in the State agreed to S. Res. 226, to authorie representation by of New York. Page S11542 the Senate Legal Counsel in the case of Josue Orta Ri- Reid (for Wyden/Smith) Modified Amendment vera v. Congress of the United States of America, et al. No. 1653, to set aside funding for dredging and Page S11587 other operation and maintenance of the Umpqua River, Oregon. Page S11540 Expressing Sorrow On the Death of Frank Reid (for Sarbanes/Mikulski) Modified Amend- O’Bannon: Senate agreed to S. Res. 227, expressing ment No. 1650, to direct the Secretary of the Army the profound sorrow of the Senate for the death of to implement the project for ecosystem restoration, Indiana Governor Frank O’Bannon and extending Gwynns Falls, Maryland. Pages S11539, S11543 thoughts, prayers, and condolences to his family, Reid (for Murray) Modified Amendment No. friends, and loved ones. Page S11587 1669, to authorize the Secretary of the Army to Partial-Birth Abortion Ban—House Message: carry out a joint project with Asotin County, Wash- Senate resumed consideration of a motion to go to ington to construct a Snake River Confluence Inter- conference on S. 3, to prohibit the procedure com- pretative Center near Clarkston, Washington. monly known as partial-birth abortion: Page S11540 Pages S11551–57 Reid (for Bingaman) Modified Amendment No. A unanimous-consent agreement was reached pro- 1658, to set aside funds for the Navajo electrification viding for further consideration of the motion, at demonstration program. Page S11540 8:30 a.m., on Wednesday, September 17, 2003; that Reid (for Leahy) Modified Amendment No. 1675, the time until 10:30 a.m. be equally divided be- to authorize the Secretary to remove oil bollards in tween Senators Santorum and Boxer, or their des- Burlington Harbor, Vermont. Page S11540 ignees; and that there be four hours of debate re- Domenici (for Voinovich) Amendment No. 1679, maining. Page S11588 to provide for a report on administrative expenditures of the Secretary of Energy for the Energy Em- Interior Department Appropriations—Agree- ployees Occupational Illness Compensation Act. ment: A unanimous-consent agreement was reached Page S11540 providing that at 10:30 a.m., on Wednesday, Sep- Domenici (for DeWine) Amendment No. 1685, to tember 17, 2003, Senate begin consideration of H.R. direct the Secretary of the Army to complete the 2691, making appropriations for the Department of general reevaluation report for the project for flood the Interior and related agencies for the fiscal year damage reduction, Mill Creek, Cincinnati, Ohio. ending September 30, 2004. Page S11588 Page S11540 Petitions and Memorials: Pages S11565–68 Rejected: Additional Cosponsors: Pages S11568–69 Feinstein Amendment No. 1655, to prohibit the use of funds for Department of Energy activities re- Statements on Introduced Bills/Resolutions: lating to the Robust Nuclear Earth Penetrator, Ad- Pages S11569–79 vanced Weapons Concepts, modification of the readi- Additional Statements: Pages S11563–64 ness posture of the Nevada Test Site, and the Mod- Amendments Submitted: Pages S11579–86 ern Pit Facility, and to make the amount of funds made available by the prohibition for debt reduction. Notices of Hearings/Meetings: Page S11586 (By 53 yeas to 41 nays (Vote No. 349), Senate ta- Authority for Committees to Meet: bled the amendment). Pages S11531–33 Pages S11586–87 Senate insisted on its amendment, requested a Privilege of the Floor: Page S11587 conference with the House thereon, and the Chair was authorized to appoint the following conferees on Record Votes: Three record votes were taken today. the part of the Senate: Senators Domenici, Cochran, (Total—350) Pages S11519, S11533, S11550 McConnell, Bennett, Burns, Craig, Bond, Stevens, Adjournment: Senate met at 9:30 a.m., and ad- Reid, Byrd, Hollings, Murray, Dorgan, Feinstein, journed at 8:16 p.m., until 8:30 a.m., on Wednes- and Inouye. Page S11551 day, September 17, 2003. (For Senate’s program, see A unanimous-consent agreement was reached pro- the remarks of the Acting Majority Leader in today’s viding that, notwithstanding passage of H.R. 2754 Record on page S11588.)

VerDate jul 14 2003 06:20 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE3.REC D16SE3 September 16, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1001 Committee Meetings FUTURE OF GAO Committee on Governmental Affairs: Committee con- (Committees not listed did not meet) cluded a hearing on the future of the General Ac- counting Office, focusing on past accomplishments, NOMINATIONS future challenges, including why passage of S. 1522, Committee on Banking, Housing, and Urban Affairs: the GAO Human Capital Reform Act is an integral Committee concluded a hearing on the nominations part of helping GAO prepare for the future, after re- of Harvey S. Rosen, of New Jersey, and Kristin J. ceiving testimony from David M. Walker, Comp- Forbes, of Massachusetts, who was introduced by troller General of the United States, General Ac- Senator Sununu, each to be a Member of the Council counting Office; and Maurice P. McTigue, George of Economic Advisers, Julie L. Myers, of Kansas, to Mason University, Mercatus Center, Arlington, Vir- be Assistant Secretary of Commerce for Export En- ginia. forcement, and Peter Lichtenbaum, of Virginia, to be NOMINATION Assistant Secretary of Commerce for Export Admin- Committee on Governmental Affairs: Committee con- istration, after the nominees testified and answered cluded hearing on the nomination of C. Suzanne questions in their own behalf. Mencer, of Colorado, to be the Director of the Office FINANCIAL RECONSTRUCTION IN IRAQ for Domestic Preparedness, Department of Home- land Security, after the nominee, who was introduced Committee on Banking, Housing, and Urban Affairs: by Senators Campbell and Allard, testified and an- Subcommittee on International Trade and Finance swered questions in her own behalf. concluded a hearing on recent developments on the financial reconstruction in Iraq, after receiving testi- PRESIDENTIAL SUCCESSION mony from Alan Larson, Under Secretary of State for Committee on the Judiciary/Committee on Rules and Ad- Economic, Agricultural and Business Affairs; John B. ministration: Committees concluded a joint hearing to Taylor, Under Secretary of Treasury for International examine the continuity of the United States govern- Affairs; and Philip Merrill, President and Chairman, ment in relation to the Presidency, focusing on the Export-Import Bank of the United States. role of Congress in line of Presidential succession, including Presidential incapacitation, impeachment CLEAN WATER ACT OVERSIGHT and removal, death or resignation, and the bumping Committee on Environment and Public Works: Sub- or supplantation procedure, after receiving testimony committee on Fisheries, Wildlife, and Water held an from Akhil Reed Amar, Yale University Law School, oversight hearing to examine the implementation of New Haven, Connecticut; John C. Fortier, American the Clean Water Act, focusing on the Total Max- Enterprise Institute, and M. Miller Baker, imum Daily Load (TMDL) program, Spill Prevention McDermott, Will and Emery, both of Washington, Control and Countermeasure plans, storm water D.C.; and Howard M. Wasserman, Florida Inter- issues, and water quality trading, receiving testi- national University College of Law, Miami. mony from G. Tracy Mehan III, Assistant Adminis- trator for Water, Environmental Protection Agency; H–1B VISAS David Mabe, Idaho Department of Environmental Committee on the Judiciary: Committee concluded a Quality, Boise; Juli Beth Hoover, City of South Bur- hearing to examine the importance of the H–1B visa lington, South Burlington, Vermont; Michael J. to the American economy, focusing on protection of Samoviski, City Manager, Hamilton, Ohio; Steve United States workers including training and re- Kouplen, Oklahoma Farm Bureau Federation, Okla- cruiting, statistics on usage, the globalized economy, homa City, on behalf of the American Farm Bureau and Free Trade Agreements, after receiving testi- Federation; Lee Fuller, Independent Petroleum Asso- mony from Stephen Yale-Loehr, Cornell University ciation of America, on behalf of sundry organiza- Law School, Ithaca, New York, on behalf of the tions, and Jim Hall, Hall and Associates, former American Immigration Lawyers Association; Eliza- Chairman, National Transportation Safety Board, beth C. Dickson, Ingersoll-Rand Company, both of Washington, D.C.; Michael R. Lozeau, Woodcliff Lake, New Jersey, on behalf of the U.S. Earthjustice, Stanford, California; and Rena Steinzor, Chamber of Commerce; John W. Steadman, Institute University of Maryland School of Law, Baltimore, on of Electrical and Electronics Engineers—United behalf of the Center for Progressive Regulation. States of America, Washington, D.C.; and Patrick J. Hearing recessed subject to the call. Duffy, Intel Corporation, Chandler, Arizona.

VerDate jul 14 2003 06:20 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE3.REC D16SE3 D1002 CONGRESSIONAL RECORD — DAILY DIGEST September 16, 2003 House of Representatives Military Construction Appropriations—Motion Chamber Action To Go to Conference: The House disagreed to the Measures Introduced: 21 public bills, H.R. Senate amendment to H.R. 2559, making appropria- 3084–3104; 1 private bill, H.R. 3105; and 8 resolutions for military construction, family housing, and tions, H. Con. Res. 280–284, and H. Res. 368–369, base realignment and closure for the Department of 371, were introduced. Pages H8282–84 Defense for the fiscal year ending September 30, Additional Cosponsors: Pages H8284–85 2004, and agreed to a conference. Page H8228 Reports Filed: Reports were filed as follows: Appointed as conferees: Representatives Knollen- H.R. 7, to amend the Internal Revenue Code of berg, Walsh, Aderholt, Granger, Goode, Vitter, 1986 to provide incentives for charitable contribu- Kingston, Crenshaw, Young (FL), Edwards, Farr, tions by individuals and businesses, amended, (H. Boyd, Bishop, Dicks, and Obey. Page H8228 Rept. 108–270, Pt. 1); Suspensions: The House agreed to suspend the rules H.R. 2152, to amend the Immigration and Na- and pass the following measures: tionality Act to extend for an additional 5 years the Fremont-Madison Conveyance Act: S. 520, to au- special immigrant religious worker program (H. thorize the Secretary of the Interior to convey certain Rept. 108–271); facilities to the Fremont-Madison Irrigation District H.R. 1945, to authorize the Secretary of Com- in the State of Idaho; Page H8229 merce to provide financial assistance to the States of Alaska, Washington, Oregon, California, and Idaho Irrigation Project Contract Project Extension for salmon habitat restoration projects in coastal wa- Act: H.R. 2040, to amend the Irrigation Project ters and upland drainages, amended, (H. Rept. Contract Extension Act of 1998 to extend certain 108–272); contracts between the Bureau of Reclamation and H. Res. 370, providing for consideration of the certain irrigation water contractors in the States of bill H.R.7, to amend the Internal Revenue Code of Wyoming and Nebraska; Pages H8229–30 1986 to provide incentives for charitable contribu- San Gabriel Basin Demonstration Project: H.R. tions by individuals and businesses (H. Rept 1284, to amend the Reclamation Projects Authoriza- 108–273). Page H8282 tion and Adjustment Act of 1992 to increase the Speaker: Read a letter from the Speaker wherein he Federal share of the costs of the San Gabriel Basin appointed Representative Boozman to act as Speaker demonstration project; Pages H8230–31 pro tempore for today. Page H8223 Honoring Lawrence Eugene ‘‘Larry’’ Doby: H. Recess: The House recessed at 1:01 p.m. and recon- Con. Res. 235, celebrating the life and achievements vened at 2:00 p.m. to start the legislative day. of Lawrence Eugene ‘‘Larry’’ Doby; Pages H8231–34 Page H8227 Remembering the March on Washington of Au- Dispense with Private Calendar: The House gust 28, 1963: H. Res. 352, remembering and hon- agreed to dispense with the Private Calendar for oring the March on Washington of August 28, 1963 today. Page H8227 (agreed to by a yea-and-nay vote of 426 yeas with none voting nay, Roll No. 504); Department of Defense Appropriations—Motion Pages H8234–39, H8255–56 To Go to Conference: The House disagreed to the Senate amendment to H.R. 2658, making appropria- Postmaster Equity Act of 2003: S. 678, to amend tions for the Department of Defense for the fiscal chapter 10 of title 39, United States Code, to in- year ending September 30, 2004, and agreed to a clude postmasters and postmasters organizations in conference. Page H8228 the process for the development and planning of cer- Appointed as conferees: Representatives Lewis tain policies, schedules, and programs (agreed to by (CA), Young (FL), Hobson, Bonilla, Nethercutt, a yea-and-nay vote of 426 yeas with none voting Cunningham, Frelinghuysen, Tiahrt, Wicker, Mur- nay, Roll No. 505); Pages H8239–40, H8256–57 tha, Dicks, Sabo, Visclosky, Moran (VA), and Obey. Honoring the Honorable Frank O’Bannon: H. Page H8228 Res 369, expressing profound sorrow for the death Agreed to close portions of the conference when of the Honorable Frank O’Bannon and gratitude to classified national material is being discussed by a the Honorable Frank O’Bannon for serving the State yea-and-nay vote of 424 yeas with none voting nay, of Indiana with honor and distinction; Roll No. 503). Page H8255 Pages H8240–44

VerDate jul 14 2003 06:20 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE3.REC D16SE3 September 16, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1003 50th Anniversary of the SBA: H. Res. 368, Hon- Garamedi: Where Do We Go From Here?’’ Testi- oring the 50th anniversary of the SBA and recog- mony was heard from Ambassador Randolph M. nizing Small Business Week; and Pages H8244–47 Belle, Special Envoy, Holocaust Issues, Department Museum and Library Services Act of 2003: H.R. of State; Lawrence S. Eagleburger, Chairman, Inter- 13, to reauthorize the Museum and Library Services national Commission on Holocaust Era Insurance Act. Pages H8248–54 Claims; Gregory V. Serio, Superintendent, Insurance Department, State of New York; and public wit- Recess: The House recessed at 4:43 p.m. and recon- nesses. vened at 6:36 p.m. Page H8254 Tax Relief, Simplification, and Equity Act—Mo- SYRIA: IMPLICATIONS FOR U.S. SECURITY tion to Instruct Conferees: Representative Ryan of AND REGIONAL STABILITY Ohio announced his intention to offer a motion to Committee on International Relations: Subcommittee on instruct conferees on H.R. 1308, Tax Relief, Sim- Middle East and Central Asia held a hearing on plification, and Equity Act. Page H8254 Syria: Implications for U.S. Security and Regional Legislative Branch Appropriations—Motion To Stability—Part I. Testimony was heard from John R. Go to Conference: The House disagreed to the Sen- Bolton, Under Secretary, Arms Control and Inter- ate amendments on H.R. 2657, making appropria- national Security, Department of State. tions for the Legislative Branch for the fiscal year ending September 30, 2004, and agreed to a con- MISCELLANEOUS MEASURES ference. Pages H8254–55 Committee on Resources: Subcommittee on National Appointed as conferees: For consideration of the Parks, Recreation and Public Lands held a hearing House bill and the Senate amendments (except for on the following bills: H.R. 280, National Aviation title III in the Senate amendment numbered 3), and Heritage Area Act; H.R. 646, Fort Donelson Na- modifications committed to conference: Representa- tional Battlefield Act of 2003; H.R. 1594, St. Croix tives Kingston, LaHood, Tiahrt, Culberson, Kirk, National Heritage Area Study Act; H.R. 1618, Ara- Young (FL), Moran (VA), Price (NC) Clyburn, and bia Mountain National Heritage Area Act; and H.R. Obey. 1862, Oil Region National Heritage Act. Testimony For consideration of title III in the Senate amend- was heard from Representatives Hobson, Whitfield ment numbered 3 and modifications committed to and Majette; and public witnesses. conference: Representatives Young (FL), Taylor (NC) and Obey. Pages H8254–55 CHARITABLE GIVING ACT National Defense Authorization Act—Motion To Committee on Rules: Granted, by voice vote, a modi- Instruct Conferees: Representative Rodriguez an- fied closed rule providing 1 hour of debate in the nounced his intention to offer a motion to instruct House on H.R. 7, Charitable Giving Act of 2003, conferees on H.R. 1588, National Defense Author- equally divided and controlled by the chairman and ization Act for Fiscal Year 2004. Page H8257 ranking minority member of the Committee on Medicare Prescription Drug Benefit—Motion To Ways and Means. The rule waives all points of order Instruct Conferees: Representative Stenholm an- against consideration of the bill. The rule provides nounced his intention to offer a motion to instruct that the amendment in the nature of a substitute conferees on H.R. 1, Medicare Prescription Drug and recommended by the Committee on Ways and Modernization Act of 2003. Page H8257 Means, as modified by the amendment printed in Senate Message: Message received from the Senate Part A of the Rules Committee report accompanying today appears on page H8223. the resolution, shall be considered as adopted. The rule provides for consideration of the amendment in Senate Referral: S.J. Res. 17 was ordered held at the nature of a substitute printed in Part B of the the desk. Page H8223 Rules Committee report, if offered by Representative Adjournment: The House met at 12:30 p.m. and Cardin or his designee, which shall be considered as adjourned at 11:31 p.m. read and shall be debatable for one hour equally divided and controlled by the proponent and an oppo- Committee Meetings nent. The rule waives all points of order against the amendment printed in Part B of the report. Finally, HOLOCAUST ERA INSURANCE the rule provides one motion to recommit with or RESTITUTION without instructions. Testimony was heard from Committee on Government Reform: Held a hearing on Representatives Blunt, Gilchrest, Cardin, Edwards ‘‘Holocaust Era Insurance Restitution after AIA v. and Baird.

VerDate jul 14 2003 06:20 Sep 17, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D16SE3.REC D16SE3 D1004 CONGRESSIONAL RECORD — DAILY DIGEST September 16, 2003 AMERICA’S CYBERSPACE SECURITY— ica in relation to U.S. Energy Security, 2:30 p.m., DEPARTMENT OF HOMELAND SECURITY SD–419. Committee on Governmental Affairs: to hold hearings to Select Committee on Homeland Security: Subcommittee examine what can be done to ensure the future viability on Cybersecurity, Science, and Research and Devel- of the U.S. Postal Service, 10 a.m., SD–342. opment held a hearing entitled ‘‘The Invisible Bat- Committee on Indian Affairs: to hold hearings to examine tleground: What the Department of Homeland Secu- S. 420, to provide for the acknowledgement of the rity is Doing to Make America’s Cyberspace More Lumbee Tribe of North Carolina, 10 a.m., SR–485. Secure.’’ Testimony was heard from Robert Committee on the Judiciary: to hold hearings to examine Liscouski, Assistant Secretary, Infrastructure Protec- the nominations of Margaret Catharine Rodgers, to be tion Directorate, Department of Homeland Security. United States District Judge for the Northern District of Florida, Roger W. Titus, to be United States District Judge for the District of Maryland, George W. Miller, of Joint Meetings Virginia, to be a Judge of the United States Court of AMERICAN LEGION Federal Claims, and David W. McKeague, of Michigan, to be United States Circuit Judge for the Sixth Circuit, Joint Hearings: Senate Committee on Veterans’ Affairs 10 a.m., SD–226. concluded a joint hearing with the House Com- Full Committee, to hold hearings to examine effective mittee on Veterans’ Affairs to receive the legislative federal, state and local law enforcement strategies to com- priorities of the American Legion, focusing on budg- bat gang violence in America, 2 p.m., SD–226. etary recommendations for the Department of Vet- erans Affairs for FY 2005, after receiving testimony House from John A. Brieden III, American Legion, Wash- Committee on Education and the Workforce, Subcommittee ington, D.C. on Select Education, to mark up the following bills: H.R. 3076, Graduate Opportunities in Higher Education Act; f and H.R. 3077, International Studies in Higher Edu- COMMITTEE MEETINGS FOR WEDNESDAY, cation Act, 10:30 a.m., 2175 Rayburn. SEPTEMBER 17, 2003 Subcommittee on Workforce Protections, hearing on H.R. 2731, Occupational Safety and Health Small Em- (Committee meetings are open unless otherwise indicated) ployer Access to Justice Act of 2003, 2 p.m., 2175 Ray- burn. Senate Committee on Energy and Commerce, Subcommittee on Committee on Commerce, Science, and Transportation: to Commerce, Trade and Consumer Protection, hearing on hold hearings to examine digital right management and the International Consumer Protection Act of 2003, 10 privacy issues, 10 a.m., SR–253. a.m., 2123 Rayburn. Full Committee, to hold hearings to examine the Committee on Financial Services, hearing entitled ‘‘Ac- nominations of Gwendolyn Brown, of Virginia, to be counting under Sarbanes-Oxley: Are financial statements Chief Financial Officer, National Aeronautics and Space more reliable,’’ 10 a.m., 2128 Rayburn. Administration, Karen K. Bhatia, of Maryland, to be an Committee on Government Reform, Subcommittee on Civil Assistant Secretary of Transportation, and Charles Darwin Service and Agency Organization, oversight hearing titled Snelling, of Pennsylvania, to be a Member of the Board ‘‘Human Capital Planning: Exploring the National Com- of Directors of the Metropolitan Washington Airports mission on the Public Service’s Recommendations for Re- Authority, 2:30 p.m., SR–253. organizing the Federal Government,’’ 2 p.m., 2154 Ray- Committee on Energy and Natural Resources: business burn. meeting to consider pending calendar business, 10 a.m., Subcommittee on Criminal Justice, Drug Policy and SD–366. Human Resources, hearing entitled ‘‘Implementation of Committee on Finance: business meeting to consider S. National Supply Reduction Strategy,’’ 10 a.m., 2203 1548, to amend the Internal Revenue Code of 1986 to Rayburn. provide incentives for the production of renewable fuels Subcommittee on Technology, Information Policy, and to simplify the administration of the Highway Trust Intergovernmental Relations and the Census, oversight Fund fuel excise taxes, proposed Extension of Highway hearing titled ‘‘Exploring Common Criteria: Can It En- Trust Fund Provisions, proposed National Employee Sav- sure That the Federal Government Gets Needed Security ings and Trust Equity Guarantee Act, and H.R. 743, to in Software?’’ 10 a.m., 2154 Rayburn. amend the Social Security Act and the Internal Revenue Committee on the Judiciary, Subcommittee on Immigra- Code of 1986 to provide additional safeguards for Social tion, Boarder Security, and Claims, to mark up H.R. Security and Supplemental Security Income beneficiaries 2359, Basic Pilot Extension Act of 2003, 4 p.m., 2141 with representative payees, to enhance program protec- Rayburn. tions, 10 a.m., SD–215. Committee on Resources, Subcommittee on Energy and Committee on Foreign Relations: Subcommittee on Inter- Mineral Resources, oversight hearing on ‘‘Environmental national Economic Policy, Export and Trade Promotion, Aspects of Modern Oil and Gas Development,’’ 10 a.m., to hold hearings to examine West Africa and Latin Amer- 1324 Longworth.

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Subcommittee on Forests and Forests Health, oversight Select Committee on Homeland Security, Subcommittee on hearing on the Forest Service Recreation Fee Demonstra- Cybersecurity, Science, and Research and the Sub- tion Program, 2 p.m., 1334 Longworth. committee on Infrastructure and Border Security, to con- Committee on Small Business, hearing on National Small tinue joint hearings entitled ‘‘Implications of Power Business Week: Small Business Success Stories, 1 p.m., Blackouts for the Nation’s Cybersecurity and Critical In- 2360 Rayburn. frastructure Protection: The Electric Grid, Critical Inter- Committee on Transportation and Infrastructure, Sub- dependencies, Vulnerabilities, and Readiness,’’ 3 p.m., committee on Water Resources and Environment, over- 2359 Rayburn. sight hearing on Contributions of Ports and Inland Wa- terways to the Nation’s Intermodal Transportation Sys- Joint Meetings tem, 11 a.m., 2167 Rayburn. Permanent Select Committee on Intelligence, executive, to Conference: meeting of conferees on H.R. 2555, making consider pending Committee business, 3 p.m., H–405 appropriations for the Department of Homeland Security Capitol. for the fiscal year ending September 30, 2004, 1:30 p.m., Subcommittee on Intelligence Policy and National Se- S–128, Capitol. curity, executive, to consider recommendations from the Joint Inquiry, 1 p.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 8:30 a.m., Wednesday, September 17 10 a.m., Wednesday, September 17

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of Suspensions: ation of the House message relative to the motion to go (1) H.R. 659, Hospital Mortgage Insurance Act of to conference on S. 3, Partial-Birth Abortion Ban Act. 2003; At 10:30 a.m., Senate will begin consideration of H.R. (2) H.R. 292, Korean War Veterans Recognition Act 2691, Interior Department Appropriations. of 2003; (3) H.R. 2152, to amend the Immigration and Nation- ality Act to extend for an additional 5 years the special immigrant religious worker program; and (4) H.R. 49, Internet Tax Nondiscrimination Act. Consideration of H.R. 7, Charitable Giving Act of 2003 (modified closed rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hensarling, Jeb, Tex., E1802 Norton, Eleanor Holmes, D.C., E1793 Hinchey, Maurice D., N.Y., E1799 Oberstar, James L., Minn., E1798 Andrews, Robert E., N.J., E1794 Hinojosa, Rube´n, Tex., E1800 Paul, Ron, Tex., E1812 Bass, Charles F., N.H., E1813 Issa, Darrell E., Calif., E1789, E1790 Pelosi, Nancy, Calif., E1812 Brown-Waite, Ginny, Fla., E1799, E1800, E1800 Kanjorski, Paul E., Pa., E1802 Pombo, Richard W., Calif., E1796 Castle, Michael N., Del., E1794 Kaptur, Marcy, Ohio, E1789, E1790, E1790, E1791, Portman, Rob, Ohio, E1805, E1809 Conyers, John, Jr., Mich., E1794, E1806, E1809 E1793, E1794, E1795, E1804, E1808 Radanovich, George, Calif., E1800, E1800 Cunningham, Randy ‘‘Duke’’, Calif., E1793 Langevin, James R., R.I., E1796 Rangel, Charles B., N.Y., E1802 Deutsch, Peter, Fla., E1789 Lantos, Tom, Calif., E1802 Rodriguez, Ciro D., Tex., E1803 Diaz-Balart, Lincoln, Fla., E1811 Leach, James A., Iowa, E1795 Rogers, Mike, Ala., E1795 Ehlers, Vernon J., Mich., E1811 McGovern, James P., Mass., E1790, E1791, E1810 Saxton, Jim, N.J., E1799 Filner, Bob, Calif., E1807, E1809 Maloney, Carolyn B., N.Y., E1801 Skelton, Ike, Mo., E1791 Gonzalez, Charles A., Tex., E1812 Millender-McDonald, Juanita, Calif., E1813 Smith, Christopher H., N.J., E1801 Graves, Sam, Mo., E1789, E1790 Miller, Jeff, Fla., E1810 Thompson, Mike, Calif., E1810 Green, Gene, Tex., E1810 Musgrave, Marilyn N., Colo., E1811 Turner, Michael R., Ohio, E1799 Hastings, Alcee L., Fla., E1799 Ney, Robert W., Ohio, E1798, E1802 Udall, Mark, Colo., E1803, E1806, E1808, E1809

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