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

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

Vol. 149 WASHINGTON, WEDNESDAY, JUNE 11, 2003 No. 85 House of Representatives The House met at 10 a.m. and was NETHERCUTT) come forward and lead from a very large church in Paradise called to order by the Speaker pro tem- the House in the Pledge of Allegiance. Valley, Arizona. pore (Mr. LAHOOD). Mr. NETHERCUTT led the Pledge of He brings to the ministry a kindness, f Allegiance as follows: a grace, a wisdom, a commitment to I pledge allegiance to the Flag of the Jesus Christ, a commitment to his DESIGNATION OF THE SPEAKER United States of America, and to the Repub- faith and a commitment to compassion PRO TEMPORE lic for which it stands, one nation under God, around this country and to those he The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. ministers to and serves. He is a credit fore the House the following commu- f to the ministry of the Presbyterian nication from the Speaker: faith. We are so delighted that he has MESSAGE FROM THE SENATE WASHINGTON, DC, committed himself, even after retire- June 11, 2003. A message from the Senate by Mr. ment, to an interim position here in I hereby appoint the Honorable RAY Monahan, one of its clerks, announced Washington, D.C. at the National Pres- LAHOOD to act as Speaker pro tempore on that the Senate has passed without byterian Church in Washington, a this day. amendment a bill of the House of the church of great tradition and history. J. DENNIS HASTERT, following title: He and his wife, Carol, have been Speaker of the House of Representatives. H.R. 1625. An act to designate the facility married for almost 49 years. They have f of the United States Postal Service located three beautiful daughters who are at 1114 Main Avenue in Clifton, New Jersey, PRAYER adult children, and they are devoted to as the ‘‘Robert P. Hammer Post Office Build- those dear children and to each other The Reverend Dr. Thomas A. ing’’. and to their faith in God. Erickson, Interim Pastor, the National f We are delighted that Dr. Erickson Presbyterian Church, Washington, DC., could be here today, and we certainly offered the following prayer: ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE welcome him and thank him for his Almighty and ever-gracious God, You prayer this morning. have given us this good land as our her- The SPEAKER pro tempore. The itage. We thank You for patriots in the Chair will entertain 10 one-minute f past who have occupied this Chamber speeches on each side. FAMILY FRIENDLY WAL-MART and whose dedication has secured the f liberties we enjoy today. Bless those (Mr. PITTS asked and was given per- who now hold office in this House. We WELCOMING THE REV. DR. mission to address the House for 1 thank You for their commitment to THOMAS A. ERICKSON minute and to revise and extend his re- the highest ideals of freedom. Enable (Mr. NETHERCUTT asked and was marks.) them to do their work with wisdom and given permission to address the House Mr. PITTS. Mr. Speaker, Wal-Mart is kindness, that their legislation may for 1 minute and to revise and extend our Nation’s largest company and it is enhance life, liberty, and justice for his remarks.) growing. The company plans to ex- all. In Your holy name we pray. Amen. Mr. NETHERCUTT. Mr. Speaker, I pands its workforce from 1.2 million to f am pleased to welcome here to the 3 million over the next 5 years, and it Chamber today Dr. Tom Erickson, the will build 48 million square feet of new THE JOURNAL interim pastor at National Pres- retail space. The SPEAKER pro tempore. The byterian Church who offered the open- Fortune Magazine recently named Chair has examined the Journal of the ing prayer. We are thankful for his Wal-Mart the Nation’s most admired last day’s proceedings and announces presence today, and we are thankful company. The retail chain offers its to the House his approval thereof. that he has devoted himself to a min- many products and selections in a fam- Pursuant to clause 1, rule I, the Jour- istry in the Presbyterian faith. ily-friendly environment. nal stands approved. Dr. Erickson is no stranger to Pres- Recently, the retail chain has an- f byterian ministry and commitment to nounced plans to cover four women’s God. He has served a lifetime of min- magazines it carries on its sales racks. PLEDGE OF ALLEGIANCE istries in Spokane, Washington, my The content on the covers of these The SPEAKER pro tempore. Will the home town, in California and Massa- magazines could offend customers and gentleman from Washington (Mr. chusetts; and he most recently retired are inappropriate for children. It has

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 Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.000 H11PT1 H5178 CONGRESSIONAL RECORD — HOUSE June 11, 2003 taken similar stands in the past to pro- 412 tons of chemical weapons with 25 with success in Afghanistan and Iraq. tect the families who shop at their long-range missiles. Our invitation was a reflection of this stores. Even President Clinton when he attention, summarized by delegation Even during tough economic times, bombed Baghdad in 1998 said he did so co-chairman, the gentleman from Wal-Mart has found ways to keep peo- to ‘‘attack Iraq’s nuclear, chemical and Texas (Mr. ORTIZ), who said, ‘‘The ple coming through the door, and it has biological programs in its capacity to world has either seen the light or felt not sacrificed the principles Sam Wal- threaten its neighbors.’’ the heat.’’ ton has established. As a State Department official told North Korea is a tipping point, strug- Those family-friendly principles are the Committee on International Rela- gling to hold up a crumbling society part of Wal-Mart’s success and have set tions last week, there was no change in that was neglected in the pursuit of nu- the example for how retailers should the assessment of the WMD program clear weapons. I support the efforts of act, regardless of the economic condi- from the Clinton administration to the President Bush to seek a peaceful solutions or latest trends. Bush administration. Those weapons tion with North Korea so they will be were there. The program was there. f disarmed by the nuclear threat and The President led America aright in that innocent North Korean civilian WHERE WAS THE IMMINENT this war. can be saved from tragedy. THREAT f In conclusion, God bless our troops. (Mr. KUCINICH asked and was given CHILD TAX CREDIT SHOULD f permission to address the House for 1 APPLY TO ALL minute and to revise and extend his re- CURRENT UNEMPLOYMENT marks.) (Mr. SNYDER asked and was given SITUATION IS GRIM permission to address the House for 1 Mr. KUCINICH. Mr. Speaker, the (Ms. LORETTA SANCHEZ of Cali- minute and to revise and extend his re- Bush administration made specific, un- fornia asked and was given permission equivocal statements about the immi- marks.) Mr. SNYDER. Mr. Speaker, hopefully to address the House for 1 minute and nent threat posed by Iraq’s alleged this week the House will correct an to revise and extend her remarks.) weapons of mass destruction, repeat- error in the most recently signed tax Ms. LORETTA SANCHEZ of Cali- edly claiming they had intelligence cut bill and extend the tax credit to lit- fornia. Mr. Speaker, I rise today to showing Iraq had 25,000 liters of an- erally hundreds of thousands of Amer- talk about something that the Presi- thrax, 38,000 liters of botulin toxin, 500 ican families who do not qualify under dent does not want you to hear about. tons of sarin mustard and VX nerve the act that was signed by the Presi- It is called our country’s current un- agent, and over 30,000 munitions capa- dent. employment situation. ble of delivering chemical agents. So One of the arguments that has been Now, when the President began his where are those vast stockpiles? Where used against extending this tax credit term a little over 2 years ago, our Na- was the imminent threat? for children to lower-income people is tion’s unemployment rate stood at 4.1 At the State of the Union the Presi- that they do not pay enough taxes. percent, but today it stands at 6.1 per- dent said, Hussein had the materials to This is the most recent payroll stub cent. That means that there are 2.6 produce as much as 500 tons of sarin from one of my Little Rock residents, million people more who do not have a mustard and VX nerve agent. Where a single mom with two children. She job. That is not those people who lost are those vast stockpiles? Where was works over 40 hours a week as a cer- their jobs during this time and were the imminent threat? tified nursing assistant at a State fa- able to find another job that paid less. This administration repeatedly cility. There are plenty of those people who claimed Iraq’s weapons of mass de- She pays $51.80 so far this year in are making less. Or those people who struction represented an imminent Federal taxes. Look at the next two stayed on the job but had to make less threat to this country. They claimed lines. She pays Social Security tax, a because their wages were cut. specific evidence of vast stockpiles. Federal tax. She pays her Medicare No, these are people who are out of Where are those vast stockpiles? Where tax. A Federal tax. She pays State jobs, 2.6 million more people; 1.1 mil- was the imminent threat? taxes. She pays State excise tax. She lion more of them in California. Did this administration deliberately pays State sales tax. These people pay b 1015 mislead this Nation into war, telling us taxes. They have children. They de- there was an imminent threat when serve to get the benefit of this tax cut The situation is even worse if you are there was not? also. Please vote for a clean version of a Hispanic, because the unemployment The resolution of inquiry now signed the extension of this child tax credit. rate is now at 8.2 percent for Hispanics. by 36 Members of the House aims to More than 1.5 million Hispanics, Mr. f find out the truth. President, have lost their jobs since f CONGRESSIONAL DELEGATION you took office. We have got to start VISITS NORTH KOREA talking about this and doing something WEAPONS OF MASS DESTRUCTION about this job loss. ARE IN IRAQ (Mr. WILSON of South Carolina asked and was given permission to ad- f (Mr. PENCE asked and was given per- dress the House for 1 minute and to re- WILLIAM ‘‘BOO’’ BARTON mission to address the House for 1 vise and extend his remarks.) minute and to revise and extend his re- Mr. WILSON of South Carolina. Mr. (Mr. HENSARLING asked and was marks.) Speaker, in my travels over the years given permission to address the House Mr. PENCE. Mr. Speaker, the gen- promoting democracy, I have visited for 1 minute and to revise and extend tleman from Ohio (Mr. KUCINICH), who communist nations, but none have had his remarks.) just addressed this body, raised the the anomalies of my visit to the cap- Mr. HENSARLING. Mr. Speaker, I issue that I suspect we will hear again ital of North Korea, Pyongyang, on a rise today to salute a young man from and again before this Congress. Where congressional delegation last week led Groesbeck, Texas, William ‘‘Boo’’ Bar- are the WMDs, and who do you believe? by the gentleman from Pennsylvania ton, a 17-year-old high school junior Did the Bush administration mislead (Mr. WELDON). with an incredible athletic gift, an in- the American people? The government officials tried to credible story and an incredibly big Well, in answering the question of show North Korea as if nothing were heart, as big as the State of Texas. who you believe, I believe Saddam Hus- wrong. Yet empty streets and buildings Last September while playing for the sein, Mr. Speaker, who in 1991 after gave signs of a fragile economy, and Groesbeck Goats football team, Boo being soundly defeated in the Persian the intense communist and anti-Amer- Barton suffered a tragic injury on the Gulf War admitted to the U.N. agency ican propaganda gave signs of a weak field. Shortly afterwards, doctors were responsible for monitoring the cease society. forced to amputate his left leg 4 inches fire that he possessed 10,000 nerve gas President Bush has praised our below the knee. The doctors told Boo warheads, 1,500 chemical weapons, and troops for getting the world’s attention with luck he would be able to walk, but

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.003 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5179 Boo and his track coach, Phil care to our seniors. We must honor break that they deserve, and instead LaFountaine, had bigger dreams. Three that commitment by making sure we are holding this bill hostage so that months after being fitted with a pros- Medicare stays current with the needs we can have more tax breaks for thetic leg, with family, friends and of today’s seniors. When Medicare was wealthier people and deal with other teammates looking on, Boo Barton de- launched 38 years ago, medicine fo- tax issues that are not germane to fied all the odds by running the 100- cused on surgery and hospital stays. these 12 million kids? I resent the fact meter race at the Groesbeck Goat re- Today doctors routinely treat patients that the House Republicans are now lays. His time: 14.06. Some may say with prescription drugs, preventive holding this bill hostage, holding these that was not the winning time that care and groundbreaking medical de- working families hostage to try to ex- day, but I and everyone in the stands vices. Our goal is to give seniors the pand tax cuts for other people and know better. best, most innovative care. This will wealthier individuals. Mr. Speaker, Boo Barton is an inspir- require a strong, up-to-date Medicare f ing example to all of us. He shows us system that relies on innovation and with the power of positive thinking and quality delivery, not bureaucratic rules EXPANDING THE CHILD TAX persistence through adversity, you can and regulations. We can reach that CREDIT still dream bold dreams in America. goal now. (Ms. JACKSON-LEE of Texas asked f f and was given permission to address INTRODUCTION OF THE FULLY VETERANS FACE INCREASED the House for 1 minute and to revise FUND THE NO CHILD LEFT BE- COSTS FOR HEALTH CARE and extend her remarks.) HIND ACT Ms. JACKSON-LEE of Texas. Mr. (Mr. STRICKLAND asked and was (Mr. ETHERIDGE asked and was Speaker, can I read the roll: Alabama, given permission to address the House Alaska, Arizona, Arkansas, California, given permission to address the House for 1 minute and to revise and extend for 1 minute and to revise and extend Colorado, Connecticut, Delaware, D.C., his remarks.) Texas, Florida, Georgia. And it goes on his remarks.) Mr. STRICKLAND. Mr. Speaker, I Mr. ETHERIDGE. Mr. Speaker, yes- and on; 19 million children left out in rise today to point out the shabby the cold. terday afternoon the President held a treatment that this House and the ad- Rose Garden ceremony to celebrate the Mr. Speaker, why can we not be a co- ministration is directing toward our operative and collaborative Congress No Child Left Behind Act. I voted for Nation’s veterans and our Nation’s that legislation and I wish I could have that works on behalf of the American children. Just yesterday it was con- people? Why is it that the President joined in the celebration, but unfortu- firmed in the Committee on Veterans’ nately because the administration re- has made a statement this morning or Affairs that the administration con- fuses to fund the new law, I spent my yesterday saying support the Senate tinues to push for a $250 annual enroll- afternoon answering questions from bill? What kind of leadership says that ment fee for many of our veterans just unhappy local leaders in my district the President’s representative who has to be able to participate in the VA who wanted to know where the money asked this Congress to collaborate to health care system. They want to in- is going to come from to pay for the provide a tax credit refund for working crease the cost of a prescription drug President’s education reforms. Despite families, Ari Fleischer, someone says, from $7 to $15 a prescription. They yesterday’s White House photo op, the ‘‘He does not have a vote’’? want to increase the cost of a clinic fact remains that the administration is Mr. Speaker, the American people visit from $15 to $20. At a time when cutting $20 billion from No Child Left have a vote. I frankly do not hear those Behind. Local leaders know that they our young men and women are fighting making $150,000 clamoring for this tax will get stuck with the bill for these for this country in Iraq, this President credit refund for children but I do hear educational cuts. and this Congress want to impose addi- the working families who make $26,000, Make no mistake, the Bush edu- tional financial hardships on the backs who get up early in the morning, who cational cuts will result in worse of our veterans. It does not make pay payroll taxes, property taxes, and schools, cuts in local services like law sense. It is time for the people of this sales taxes saying, give us a simple enforcement and fire and rescue or country to become aware of what is break. Allow the Senate bill to go for- higher property taxes, or all of the happening. This administration is ward, allow the President to sign it. above. There has got to be a better treating our veterans in a shabby man- Let us work on behalf of the American way. ner and it ought to stop. people and not special interests. Last week I introduced H.R. 2366, the f f Fully Fund the No Child Left Behind EXPANDING THE CHILD TAX Act. My bill simply requires the Fed- CREDIT ANNOUNCEMENT BY THE SPEAKER eral Government to fund No Child Left PRO TEMPORE (Mr. PALLONE asked and was given Behind. Mr. Speaker, it is only fair. I The SPEAKER pro tempore (Mr. urge my colleagues to join us in this permission to address the House for 1 LAHOOD). Pursuant to clause 8 of rule legislation. minute and to revise and extend his remarks.) XX, the Chair will postpone further f Mr. PALLONE. Mr. Speaker, for the proceedings today on motions to sus- MEDICARE last few days the Democrats have been pend the rules on which a recorded vote (Mrs. CAPITO asked and was given demanding that the Republicans bring or the yeas and nays are ordered, or on permission to address the House for 1 up the child tax credit and extend it for which the vote is objected to under minute and to revise and extend her re- lower-income working families. The clause 6 of rule XX. marks.) Senate passed this bill. It is time for Record votes on postponed questions Mrs. CAPITO. Mr. Speaker, finally a the House to bring it up. What do we will be taken later today. strengthened Medicare system that in- hear today? What have the House Re- f cludes prescription drug coverage publicans done? Basically what they seems to be the number one priority have done is to take this very small COMMERCIAL SPECTRUM for both houses of Congress. The time amount of money, $3.5 billion that will ENHANCEMENT ACT is right to make progress. We have a pay for these 12 million kids to get Mr. UPTON. Mr. Speaker, I move to tremendous opportunity to reform their child tax credit, and they have suspend the rules and pass the bill Medicare and help our seniors. The now expanded it, they are not paying (H.R. 1320) to amend the National Tele- budget of $400 billion over the next 10 for it and they are trying to cover and communications and Information Ad- years is enough to strengthen and im- pay $82 billion for an expanded tax ministration Organization Act to fa- prove Medicare, so we do have the re- break for wealthier individuals. cilitate the reallocation of spectrum sources to make reform work. Why is it that we cannot just take up from governmental to commercial Our Nation has made a binding com- the Senate-passed bill, give these 12 users, as amended. mitment to bring affordable health million kids and their parents a tax The Clerk read as follows:

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.005 H11PT1 H5180 CONGRESSIONAL RECORD — HOUSE June 11, 2003 H.R. 1320 location of systems to a new frequency assign- equal 110 percent of the total estimated reloca- Be it enacted by the Senate and House of Rep- ment. tion costs provided to the Commission pursuant resentatives of the United States of America in ‘‘(4) NOTICE TO COMMISSION OF ESTIMATED RE- to section 113(g)(4) of such Act. Congress assembled, LOCATION COSTS.— ‘‘(B) CONCLUSION OF AUCTIONS CONTINGENT ON ‘‘(A) The Commission shall notify the NTIA at MINIMUM PROCEEDS.—The Commission shall not SECTION 1. SHORT TITLE. least 18 months prior to the commencement of conclude any auction of eligible frequencies de- This Act may be cited as the ‘‘Commercial any auction of eligible frequencies defined in scribed in section 113(g)(2) of such Act if the Spectrum Enhancement Act’’. paragraph (2). At least 6 months prior to the total cash proceeds attributable to such spec- SEC. 2. RELOCATION OF ELIGIBLE FEDERAL ENTI- commencement of any such auction, the NTIA, trum are less than 110 percent of the total esti- TIES FOR THE REALLOCATION OF on behalf of the Federal entities and after re- mated relocation costs provided to the Commis- SPECTRUM FOR COMMERCIAL PUR- sion pursuant to section 113(g)(4) of such Act. If POSES. view by the Office of Management and Budget, the Commission is unable to conclude an auc- Section 113(g) of the National Telecommuni- shall notify the Commission of estimated relocation for the foregoing reason, the Commission cations and Information Administration Organi- tion costs and timelines for such relocation. ‘‘(B) Upon timely request of a Federal entity, shall cancel the auction, return within 45 days zation Act (47 U.S.C. 923(g)) is amended by the NTIA shall provide such entity with infor- after the auction cancellation date any deposits striking paragraphs (1) through (3) and insert- mation regarding an alternative frequency as- from participating bidders held in escrow, and ing the following:— signment or assignments to which their absolve such bidders from any obligation to the ‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed- radiocommunications operations could be relo- United States to bid in any subsequent reauc- eral entity that operates a Federal Government cated for purposes of calculating the estimated tion of such spectrum. station assigned to a band of frequencies speci- relocation costs and timelines to be submitted to ‘‘(C) AUTHORITY TO ISSUE PRIOR TO DE- fied in paragraph (2) and that incurs relocation the Commission pursuant to subparagraph (A). AUTHORIZATION.—In any auction conducted costs because of the reallocation of frequencies ‘‘(C) To the extent practicable and consistent under the regulations required by subparagraph from Federal use to non-Federal use shall re- with national security considerations, the NTIA (A), the Commission may grant a license as- ceive payment for such costs from the Spectrum shall provide the information required by sub- signed for the use of eligible frequencies prior to Relocation Fund, in accordance with section 118 paragraphs (A) and (B) by the geographic loca- the termination of an eligible Federal entity’s of this Act. For purposes of this paragraph, tion of the Federal entities’ facilities or systems authorization. However, the Commission shall Federal power agencies exempted under sub- and the frequency bands used by such facilities condition such license by requiring that the li- section (c)(4) that choose to relocate from the or systems. censee cannot cause harmful interference to frequencies identified for reallocation pursuant ‘‘(5) NOTICE TO CONGRESSIONAL COMMITTEES such Federal entity until such entity’s author- to subsection (a), are eligible to receive payment AND GAO.—The NTIA shall, at the time of pro- ization has been terminated by the National under this paragraph. viding an initial estimate of relocation costs to Telecommunications and Information Adminis- ‘‘(2) ELIGIBLE FREQUENCIES.—The bands of el- the Commission under paragraph (4)(A), submit tration.’’. igible frequencies for purposes of this section are to the Committees on Appropriations and En- (c) DEPOSIT OF PROCEEDS.—Paragraph (8) of as follows: ergy and Commerce of the House of Representa- section 309(j) of the Communications Act of 1934 ‘‘(A) the 216–220 megahertz band, the 1432– tives, the Committees on Appropriations and (47 U.S.C. 309(j)) is amended— (1) in subparagraph (A), by inserting ‘‘or sub- 1435 megahertz band, the 1710–1755 megahertz Commerce, Science, and Transportation of the band, and the 2385–2390 megahertz band of fre- paragraph (D)’’ after ‘‘subparagraph (B)’’; and Senate, and the Comptroller General a copy of (2) by adding at the end the following new quencies; and such estimate and the timelines for relocation. ‘‘(B) any other band of frequencies reallo- subparagraph: ‘‘(6) IMPLEMENTATION OF PROCEDURES.—The ‘‘(D) DISPOSITION OF CASH PROCEEDS.—Cash cated from Federal use to non-Federal use after NTIA shall take such actions as necessary to January 1, 2003, that is assigned by competitive proceeds attributable to the auction of any eligi- ensure the timely relocation of Federal entities’ ble frequencies described in section 113(g)(2) of bidding pursuant to section 309(j) of the Com- spectrum-related operations from frequencies de- munications Act of 1934 (47 U.S.C. 309(j)), except the National Telecommunications and Informa- fined in paragraph (2) to frequencies or facilities tion Administration Organization Act (47 U.S.C. for bands of frequencies previously identified by of comparable capability. Upon a finding by the the National Telecommunications and Informa- 923(g)(2)) shall be deposited in the Spectrum Re- NTIA that a Federal entity has achieved com- location Fund established under section 118 of tion Administration in the Spectrum Realloca- parable capability of systems by relocating to a tion Final Report, NTIA Special Publication 95– such Act, and shall be available in accordance new frequency assignment or by utilizing an al- with that section.’’. 32 (1995). ternative technology, the NTIA shall terminate ‘‘(3) DEFINITION OF RELOCATION COSTS.—For SEC. 4. ESTABLISHMENT OF FUND AND PROCE- the entity’s authorization and notify the Com- DURES. purposes of this subsection, the term ‘relocation mission that the entity’s relocation has been costs’ means the costs incurred by a Federal en- Part B of the National Telecommunications completed. The NTIA shall also terminate such and Information Administration Organization tity to achieve comparable capability of systems, entity’s authorization if the NTIA determines regardless of whether that capability is achieved Act is amended by adding after section 117 (47 that the entity has unreasonably failed to com- U.S.C. 927) the following new section: by relocating to a new frequency assignment or ply with the timeline for relocation submitted by by utilizing an alternative technology. Such ‘‘SEC. 118. SPECTRUM RELOCATION FUND. the Director of the Office of Management and ‘‘(a) ESTABLISHMENT OF SPECTRUM RELOCA- costs include— Budget under section 118(d)(2)(B).’’. ‘‘(A) the costs of any modification or replace- TION FUND.—There is established on the books SEC. 3. MINIMUM AUCTION RECEIPTS AND DIS- of the Treasury a separate fund to be known as ment of equipment, software, facilities, oper- POSITION OF PROCEEDS. ating manuals, training costs, or regulations the ‘Spectrum Relocation Fund’ (in this section (a) AUCTION DESIGN.—Section 309(j)(3) of the referred to as the ‘Fund’), which shall be ad- that are attributable to relocation; Communications Act of 1934 (47 U.S.C. 309(j)(3)) ‘‘(B) the costs of all engineering, equipment, ministered by the Office of Management and is amended— Budget (in this section referred to as ‘OMB’), in software, site acquisition and construction costs, (1) by striking ‘‘and’’ at the end of subpara- as well as any legitimate and prudent trans- consultation with the NTIA. graph (D); ‘‘(b) CREDITING OF RECEIPTS.—The Fund shall action expense, including outside consultants, (2) by striking the period at the end of sub- and reasonable additional costs incurred by the be credited with the amounts specified in section paragraph (E) and inserting ‘‘; and’’; and 309(j)(8)(D) of the Communications Act of 1934 Federal entity that are attributable to reloca- (3) by adding at the end the following new tion, including increased recurring costs associ- (47 U.S.C. 309(j)(8)(D)). subparagraph: ‘‘(c) USED TO PAY RELOCATION COSTS.—The ated with the replacement facilities; ‘‘(F) for any auction of eligible frequencies de- amounts in the Fund from auctions of eligible ‘‘(C) the costs of engineering studies, economic scribed in section 113(g)(2) of the National Tele- frequencies are authorized to be used to pay re- analyses, or other expenses reasonably incurred communications and Information Administra- location costs, as defined in section 113(g)(3) of in calculating the estimated relocation costs tion Organization Act (47 U.S.C. 923(g)(2)), the this Act, of an eligible Federal entity incurring that are provided to the Commission pursuant to recovery of 110 percent of estimated relocation such costs with respect to relocation from those paragraph (4) of this subsection; costs as provided to the Commission pursuant to frequencies. ‘‘(D) the one-time costs of any modification of section 113(g)(4) of such Act.’’. ‘‘(d) FUND AVAILABILITY.— equipment reasonably necessary to accommodate (b) SPECIAL AUCTION PROVISIONS FOR ELIGI- ‘‘(1) APPROPRIATION.—There are hereby ap- commercial use of such frequencies prior to the BLE FREQUENCIES.—Section 309(j) of such Act is propriated from the Fund such sums as are re- termination of the Federal entity’s primary allo- further amended by adding at the end the fol- quired to pay the relocation costs specified in cation or protected status, when the eligible fre- lowing new paragraph: subsection (c). quencies as defined in paragraph (2) of this sub- ‘‘(15) SPECIAL AUCTION PROVISIONS FOR ELIGI- ‘‘(2) TRANSFER CONDITIONS.—None of the section are made available for private sector BLE FREQUENCIES.— funds provided under this subsection may be uses by competitive bidding and a Federal entity ‘‘(A) SPECIAL REGULATIONS.—The Commission transferred to any eligible Federal entity— retains primary allocation or protected status in shall revise the regulations prescribed under ‘‘(A) unless the Director of OMB has deter- those frequencies for a period of time after the paragraph (4)(F) of this subsection to prescribe mined, in consultation with the NTIA, the ap- completion of the competitive bidding process; methods by which the total cash proceeds from propriateness of such costs and the timeline for and any auction of eligible frequencies described in relocation; and ‘‘(E) the costs associated with the accelerated section 113(g)(2) of the National Telecommuni- ‘‘(B) until 30 days after the Director of the replacement of systems and equipment if such cations and Information Administration Organi- OMB has submitted to the Committees on Ap- acceleration is necessary to ensure the timely re- zation Act (47 U.S.C. 923(g)(2)) shall at least propriations and Energy and Commerce of the

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.003 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5181 House of Representatives, the Committees on (1) the progress made in adhering to the cations sector. Clearly the commercial Appropriations and Commerce, Science, and timelines applicable to relocation from eligible wireless industry has not been spared Transportation of the Senate, and the Comp- frequencies required under section 118(d)(2)(A) from the wreckage, and we have been troller General a detailed plan describing how of the National Telecommunications and Infor- searching for ways to restore some the sums transferred from the Fund will be used mation Administration Organization Act, sepa- to pay relocation costs in accordance with such rately stated on a communication system-by-sys- hope. In my view what we need to do is subsection and the timeline for such relocation. tem basis and on an auction-by-auction basis; get new, valuable spectrum into the ‘‘(3) REVERSION OF UNUSED FUNDS.—Any auc- and hands of the commercial wireless car- tion proceeds in the Fund that are remaining (2) with respect to each relocated communica- riers so that they can bring new, ad- after the payment of the relocation costs that tion system and auction, a statement of the esti- vanced wireless services to the con- are payable from the Fund shall revert to and mate of relocation costs required under section sumer. That would be good for the be deposited in the general fund of the Treasury 113(g)(4) of such Act, the actual relocations wireless carriers, good for the equip- not later than 8 years after the date of the de- costs incurred, and the amount of such costs ment manufacturers, good for the con- posit of such proceeds to the Fund. paid from the Spectrum Relocation Fund. sumer, and certainly great for the ‘‘(e) TRANSFER TO ELIGIBLE FEDERAL ENTI- SEC. 8. PRESERVATION OF AUTHORITY; NTIA RE- TIES.— PORT REQUIRED. economy. ‘‘(1) TRANSFER.— (a) SPECTRUM MANAGEMENT AUTHORITY RE- In the current context, the govern- ‘‘(A) Amounts made available pursuant to TAINED.—Except as provided with respect to the ment already has identified the 1710 to subsection (d) shall be transferred to eligible bands of frequencies identified in section 1755 megahertz band for relocation Federal entities, as defined in section 113(g)(1) 113(g)(2)(A) of the National Telecommunications from the government to the private of this Act. and Information Administration Organization sector. This spectrum, mostly encum- ‘‘(B) An eligible Federal entity may receive Act (47 U.S.C. 923(g)(2)(A)) as amended by this bered by DOD, is considered valuable more than one such transfer, but if the sum of Act, nothing in this Act or the amendments ‘‘beachfront property’’ due to its suit- the subsequent transfer or transfers exceeds 10 made by this Act shall be construed as limiting percent of the original transfer— the Federal Communications Commission’s au- ability for commercial, mobile ad- ‘‘(i) such subsequent transfers are subject to thority to allocate bands of frequencies that are vanced wireless services like 3G. How- prior approval by the Director of OMB as re- reallocated from Federal use to non-Federal use ever, the road to relocating govern- quired by subsection (d)(2)(A); for unlicensed, public safety, shared, or non- ment entities to comparable spectrum ‘‘(ii) the notice to the committees containing commercial use. is unpaved and filled with potholes. the plan required by subsection (d)(2)(B) shall (b) NTIA REPORT REQUIRED.—Within 1 year This bumpy road creates massive un- be not less than 45 days prior to the date of the after the date of enactment of this Act, the Ad- certainty in the process and depresses transfer that causes such excess above 10 per- ministrator of the National Telecommunications interest in participating in the auction cent; and Information Administration shall submit to ‘‘(iii) such notice shall include, in addition to the Energy and Commerce Committee of the in the first place. such plan, an explanation of need for such sub- House of Representatives and the Commerce, H.R. 1320 would pave that road, estab- sequent transfer or transfers; and Science, and Transportation Committee of the lishing a spectrum relocation fund and ‘‘(iv) the Comptroller General shall, within 30 Senate a report on various policy options to procedures to ensure a timely, certain days after receiving such plan, review such plan compensate Federal entities for relocation costs and privately yet fully funded reloca- and submit to such committees an assessment of when such entities’ frequencies are allocated by tion of Federal incumbents to com- the explanation for the subsequent transfer or the Commission for unlicensed, public safety, parable spectrum. H.R. 1320 requires transfers. shared, or non-commercial use. the FCC to notify the National Tele- ‘‘(C) Such transferred amounts shall be cred- The SPEAKER pro tempore. Pursu- ited to the appropriations account of the eligible communications and Information Ad- Federal entity which has incurred, or will incur, ant to the rule, the gentleman from ministration, NTIA, 18 months before such costs, and shall, subject to paragraph (2), Michigan (Mr. UPTON) and the gen- conducting an auction of relocated remain available until expended. tleman from Massachusetts (Mr. MAR- spectrum. The purpose of that notifica- ‘‘(2) RETRANSFER TO FUND.—An eligible Fed- KEY) each will control 20 minutes. tion is so that the NTIA, after review eral entity that has received such amounts shall The Chair recognizes the gentleman by the Office of Management and Budg- report its expenditures to OMB and shall trans- from Michigan (Mr. UPTON). et, can provide the Commission with an fer any amounts in excess of actual relocation GENERAL LEAVE costs back to the Fund immediately after the estimate of relocation costs for a par- NTIA has notified the Commission that the enti- Mr. UPTON. Mr. Speaker, I ask unan- ticular band and a time line for reloca- ty’s relocation is complete, or has determined imous consent that all Members may tion. That information is critical be- that such entity has unreasonably failed to have 5 legislative days within which to cause under the legislation, an FCC complete such relocation in accordance with the revise and extend their remarks on this auction of relocated spectrum is only timeline required by subsection (d)(2)(A).’’. legislation and to insert extraneous valid if the auction yields proceeds of SEC. 5. TELECOMMUNICATIONS DEVELOPMENT material on the bill. at least 110 percent of the estimated re- FUND. The SPEAKER pro tempore. Is there location costs. Section 714(f) of the Communications Act of objection to the request of the gen- The proceeds from auctions of eligi- 1934 (47 U.S.C. 614(f)) is amended to read as fol- tleman from Michigan? ble reallocated bands are deposited lows: ‘‘(f) LENDING AND CREDIT OPERATIONS.— There was no objection. into a spectrum relocation fund which Loans or other extensions of credit from the Mr. UPTON. Mr. Speaker, I yield my- is an OMB-administered separate fund Fund shall be made available to an eligible self such time as I may consume. at the Department of Treasury. If any small business on the basis of— Mr. Speaker, I rise in strong support agency has any transferred money re- ‘‘(1) the analysis of the business plan of the of H.R. 1320, bipartisan legislation maining when relocation is complete, eligible small business; called the Commercial Spectrum En- the agency is required to transfer the ‘‘(2) the reasonable availability of collateral to hancement Act, otherwise known as money back to the spectrum relocation secure the loan or credit extension; the spectrum relocation trust fund bill. fund right away. Unexpected auction ‘‘(3) the extent to which the loan or credit extension promotes the purposes of this section; I introduced this legislation with my proceeds are then transferred to the and good friend, the gentleman from New Treasury no later than 8 years after ‘‘(4) other lending policies as defined by the York (Mr. TOWNS), along with the gen- the proceeds were initially deposited Board.’’. tleman from Louisiana (Mr. TAUZIN), into the spectrum relocation fund. All SEC. 6. CONSTRUCTION. the gentleman from Virginia (Mr. BOU- the while, H.R. 1320 provides tight fis- Nothing in this Act is intended to modify sec- CHER), the gentleman from Nebraska cal controls and congressional over- tion 1062(b) of the National Defense Authoriza- (Mr. TERRY), the gentleman from Texas sight, as it should, of the use of the tion Act for Fiscal Year 2000 (Public Law 106– (Mr. GREEN), the gentleman from Flor- spectrum relocation fund. 65). ida (Mr. STEARNS), the gentleman from Finally, the bill exempts the tele- SEC. 7. ANNUAL REPORT. New Hampshire (Mr. BASS), the gen- communications development fund, The National Telecommunications and Infor- tleman from Mississippi (Mr. PICK- TDF, from the Federal Credit Reform mation Administration shall submit an annual ERING), the gentleman from Kentucky Act, the practical application of which report to the Committees on Appropriations and Energy and Commerce of the House of Rep- (Mr. WHITFIELD), and the gentleman has prevented TDF from making loans resentatives, the Committees on Appropriations from Illinois (Mr. KIRK). without first obtaining budget author- and Commerce, Science, and Transportation of Lately the subcommittee has been fo- ity on an annual basis. The provision the Senate, and the Comptroller General on— cused on the ailing telecommuni- in H.R. 1320 will significantly enhance

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.003 H11PT1 H5182 CONGRESSIONAL RECORD — HOUSE June 11, 2003 the TDF’s ability to make loans to for moving out of particular bands of I am pleased that the legislation con- worthy development projects focused frequencies. Establishing such a mech- tains a provision that I authored in on rural and underserved areas. I ap- anism when and if the FCC chooses to this policy area. First, the provision preciate my good friend, the gentleman license certain government frequencies safeguards the FCC’s historic authority from New York (Mr. TOWNS), for his at- through auctions may bring greater to allocate frequencies as the public intention to this issue. I am pleased that certainty to the process and may also terest is deemed to be best served. Sec- the provision in fact is incorporated speed along the availability of certain ond, it also directs the National Tele- into the bill. frequencies. In addition, one issue that communications Information Agency As such, the bipartisan bill rep- we will need to continue to focus on is to develop reports on various policy op- resents a win-win-win. That is good the necessity of ensuring that the tions to compensate Federal entities news for the private sector which money raised is spent wisely and with for relocation costs when such entities’ craves certainty in the process and the adequate oversight. We have returned frequencies are allocated by the com- consumer who craves the benefits to an era of Federal budget deficits for mission for unlicensed public safety, which new services enabled by addi- as far as the eye can see and, as a re- shared or noncommercial use. tional spectrum will afford them. That sult, this is a very important issue. Finally, I believe that when the Fed- is good news for government agencies b 1030 eral Communications Commission does who know that they will be made decide to proceed with auctions as a The bill does contain improved over- whole when they relocate to com- means of granting licenses for use of sight and reporting provisions to guard parable spectrum and the taxpayer who the public’s airwaves the public de- against cost overruns by Federal enti- will not have to pay a dime to relocate serves to reap the benefits of the sale ties that seek to use money in the government agencies and will know Spectrum Relocation Fund, but this of licenses to its airwaves. These bene- that there is tight fiscal oversight in process will likely need ongoing review fits should not only manifest them- that regard. As I indicated, all of this as the bill is implemented. selves in the offering of new commer- is great news for the economy. I want to commend the gentleman cial services or the temporary infusion I should also add that we worked from Michigan (Mr. DINGELL), the gen- of cash into the Federal Treasury as very closely with the administration to tleman from Michigan (Mr. UPTON), under current law. get where we are today and that the and the gentleman from Louisiana I have proposed in H.R. 1396 that the bill enjoys the administration’s sup- (Chairman TAUZIN) for their work in public should also enjoy the dividends port, including the Department of De- this area. that can be reaped by reinvesting auc- fense, the OMB and NTIA. I want to es- Second, it is important to note that tion money into a Digital Dividends pecially thank Assistant Secretary of today’s bill puts in place a new policy trust fund. This fund would generate Commerce Nancy Victory and former for Federal spectrum reallocations. It interest, and that interest could be Deputy Assistant Secretary of Defense does so through establishing a Federal used in the form of grants to promote Stephen Price, the gentleman from fund derived from auction proceeds to educational technology projects, public Louisiana (Mr. TAUZIN), my good friend compensate the Federal users for the safety telecommunications initiatives, from the great State of Michigan, costs associated with moving out of software R&D, teacher training, and ranking member (Mr. DINGELL), and their current frequencies. digitizing for online access the impor- certainly the gentleman from Massa- One issue that arose during the com- tant cultural assets held in our Na- chusetts (Mr. MARKEY), in addition to mittee consideration of this bill is that tion’s libraries and museums, among the majority and minority staff for this new policy is only operative in cir- other initiatives. their efforts to get us where we are cumstances when an auction actually Investing surplus auction revenues in today. I urge an ‘‘aye’’ vote on this leg- occurs. I think it is important to rec- this manner is a wise investment. It islation. ognize that in the future certain fre- supports the educational infrastructure Mr. Speaker, I reserve the balance of quencies utilized by Federal entities of our country. It will help to better my time. may be reallocated by the Federal prepare our citizens for an informa- Mr. MARKEY. Mr. Speaker, I yield Communications Commission, yet not tion-rich, knowledge-based economy. myself such time as I may consume. licensed through auctions. They may An educated citizenry is indispensable I would like to begin by first thank- be for public safety, noncommercial to our democracy. Educating citizens ing my good and great friend, the gen- uses, shared frequencies, or unlicensed so that they possess the necessary dig- tleman from Michigan (Mr. UPTON), for use such as the so-called WiFi tech- ital skill set that they will need in that wonderful opening statement and nologies. In other words, in order to en- order to compete in a modern global to the chairman of the full committee, sure the highest and best use of such economy will make us a more secure, the gentleman from Louisiana (Mr. frequencies for the public, the FCC more productive country for the gen- TAUZIN), to the great Member of Con- may seek to allocate or assign such fre- erations to come. gress from the State of Michigan (Mr. quencies without auctions. Again, I want to thank the gen- DINGELL), the dean of the entire House In recent years it has become evident tleman from Louisiana (Chairman TAU- of Representatives, for his wonderful that one of the telecommunications ZIN), the gentleman from Michigan work on this legislation, and to all the sector’s economic bright spots has been (Chairman UPTON), the gentleman from Members who participated in the for- unlicensed applications such at WiFi. Michigan (Mr. DINGELL), and all of the mulation of this excellent piece of leg- Ensuring that we have a policy in place Members who have helped to construct islation. I want to thank all of them to permit the Federal Communications this very progressive legislation. for their help in putting this bill to- Commission to continue to promote Mr. Speaker, I reserve the balance of gether today. unlicensed spectrum is important. But my time. The goal of this legislation is to es- in addition, retaining the historic Mr. UPTON. Mr. Speaker, I include tablish a policy mechanism that may flexibility for the Federal Communica- for the RECORD three statements in assist the Federal Government in re- tions Commission to allocate fre- support of this legislation: the first by allocating airwave frequencies from quencies for both commercial and non- the administration in their statement the Federal Government to the Federal commercial use is something we should of administration policy; second, a Communications Commission. Ensur- safeguard, even as we put in place a strong letter of support by the Cham- ing the best use of such frequencies for new policy to compensate Federal ber of Commerce; and, third, a letter of the public is a vital function of both users for the costs of moving out. strong support by the CTIA. the National Telecommunications In- We do not want the absence of an ar- STATEMENT OF ADMINISTRATION POLICY formation Agency and the Federal ticulated policy for unlicensed use, Communications Commission. The bill shared use, public safety use, or non- (ThIs statement has been coordinated by OMB with the concerned agencies.) we bring to the House floor this morn- commercial use to be construed as The Administration strongly supports ing proposes the creation of a fund de- compelling the FCC to use auctions House passage of H.R. 1320, which would cre- rived from FCC auction revenue to pay whenever it intends to move a Federal ate a spectrum relocation fund. The Admin- the military and other Federal users user to another frequency band. istration believes that the fund will serve as

VerDate Jan 31 2003 02:52 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.008 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5183 an important spectrum management tool to CTIA represents all categories of commercial less technologies for the good of our streamline the process for reimbursing gov- wireless telecommunications carriers, in- consumers in America and for the good ernment users, facilitate their relocation to cluding cellular and personal communica- of the lead that our Nation has played comparable spectrum, and provide greater tions services, manufacturers and wireless in world telecommunications tech- certainty to auction bidders and incumbents. Internet providers. This legislation will also expedite the open- CTIA and the wireless industry appreciates nologies and commerce. ing of spectrum to commercial use for new the efforts of the many members who are co- This is one area where we can imme- services and technologies for consumers. sponsors of H.R. 1320, in particular Tele- diately begin to assist the Nation’s The Administration is pleased that H.R. communications Subcommittee Chairman economy in recovering, where we can 1320 closely tracks the Administration’s pro- Upton and Congressman Towns, the lead immediately begin to do something to posal to create a spectrum relocation fund. sponsors. advance the cause of third-generation The Administration urges quick action by Passage of H.R. 1320 would significantly wireless technologies, the video and the Congress to establish a spectrum reloca- improve spectrum management for both gov- data links that are going to provide tion fund to make the spectrum management ernment spectrum users and for the commer- process more effective and efficient. cial wireless industry. The current process is new services, equipment and products, built in America, made by American PAY-AS-YOU-GO SCORING a ‘‘black hole’’ for both government agencies hands and used by Americans to ad- H.R. 1320 would affect direct spending. The and the private sector—filled with uncer- Budget Enforcement Act’s pay-as-you-go re- tainty, punctuated by unknown costs, and vance the progress of their lives and quirements and discretionary spending caps bereft of predictability. The current process their social contact with one another. expired on September 30, 2002. The Adminis- works for no one. This is a good day for America, be- tration supports the extension of these budg- President Bush identified that fact in both cause we have come together and real- et enforcement mechanisms in a manner the Fiscal Year 2003 and 2004 Budgets and ized that all the handicaps, all the in- that ensures fiscal discipline and is con- called for the legislative changes that are ternecine battles that may have been sistent with the President’s budget. embodied in H.R. 1320. The relocation fund legislation balances three key policy objec- fought between agencies and those in tives: First, H.R. 1320 fully funds government the private sector who wanted spec- CHAMBER OF COMMERCE trum to begin to develop these new OF THE UNITED STATES OF AMERICA, relocation, providing certainty essential to Washington, DC, June 10, 2003. the Defense Department and all other gov- technologies, all of these fights about To All Members of the U.S. House of Represent- ernment incumbents. Second, H.R. 1320 will who is going to pay the relocation atives: result in workable timelines for both wire- costs to get the spectrum made avail- The U.S. Chamber of Commerce, the less industry and government incumbents. able to have these things happen in our world’s largest business federation, rep- Third, H.R. 1320 provides certainty and ac- country are now being resolved by this resenting more than three million businesses countability in developing—and adhering to—relocation cost estimates and relocation relocation trust fund, a concept that and organizations of every size, sector and says the trust fund is going to be there region, urges you to support H.R. 1320, the timetables. Commercial Spectrum Enhancement Act. It During his March 25 testimony, Deputy As- to make sure the relocation costs are is expected that the U.S. House of Represent- sistant Secretary of Defense for Spectrum, taken care of so the FCC can move atives will consider H.R. 1320 on June 11 or Space, Sensors and C3 Steven Price called these new and exciting technologies to 12, 2003, under suspension of the rules. Fur- for a ‘‘trustworthy Trust Fund.’’ We concur, the forefront so Americans can enjoy thermore, we urge you to oppose any amend- H.R. 1320 provides exactly this solution. them and our economy can grow again. ments that would weaken this legislation or This bi-partisan legislation is a ‘‘win-win- This is a good day, but I want to divert substantial funds away from the pri- win’’ solution, benefiting our national secu- point out to Members how without this rity, our nation’s economy and American mary purpose of freeing up essential spec- kind of legislation things go wrong. We trum for commercial usage. consumers. CTIA looks forward to con- This legislation would clear a major hurdle tinuing to work with you and all members of passed a bill on this House floor, again in the ongoing effort to make available more the Committee to assure that this legisla- with the extraordinary bipartisan sup- spectrum for advanced wireless services and tion is soon law. port of our friends on the Democratic applications. The act would establish a Sincerely, side of our committee in this House mechanism for reimbursing incumbent fed- STEVEN K. BERRY, and with the President’s support, eral spectrum users for their relocation costs Senior Vice President, Government Affairs. called E911. E911 is a concept that says when their spectrum is reallocated for com- Mr. Speaker, I yield such time as he when a person makes an emergency 911 mercial use. The trust fund would ensure the may consume to the gentleman from call, it would be good to know where safe and efficient transition of governmental Louisiana (Mr. TAUZIN), the chairman they are calling from; and when they operations from one spectrum location to an- of the powerful Committee on Energy other, while creating new opportunities for are using a mobile telephone it would innovation in the wireless sector. and Commerce. be certainly extraordinarily helpful if The creation of a spectrum relocation Mr. TAUZIN. Mr. Speaker, I thank the person who received the 911 call trust fund represents an important step in the distinguished chairman of the Sub- could identify the location of the call- the difficult process of reforming our na- committee on Telecommunications and er, because often the call is made in tion’s spectrum allocation and management the Internet, the gentleman from times of distress, an accident on the policies. We must continue to support these Michigan (Mr. UPTON); and I want to highway, a mugging in a park, a call of efforts in order to create the necessary in- congratulate him on his hard work and centives for investment and advancement in distress made by a citizen who is lost the technology industry, which will continue the work product that we debate here or in trouble on the highway and needs to be a key driver of the American economy. on the House floor today. assistance, someone who has been seri- Sincerely, I particularly also want to congratu- ously injured and cannot get help, can- R. BRUCE JOSTEN, late and thank my friend, the gen- not leave the automobile. Executive Vice President. tleman from Massachusetts (Mr. MAR- One of my dearest friends a few years KEY), the ranking member of the sub- ago was in an automobile accident in CELLULAR TELECOMMUNICATIONS committee, and my dear friend, the the middle of the night. His car got AND INTERNET ASSOCIATION, gentleman from Michigan (Mr. DIN- flipped off the road, and he landed in Washington, DC, June 11, 2003. GELL), the dean of our House and the Hon. BILLY TAUZIN, one of those wonderful Louisiana Chairman, House Energy and Commerce Com- ranking Democrat on the full com- marshes on the side of the road and no mittee, RHOB, House of Representatives, mittee, for the extraordinary coopera- one could see him on the highway. He Washington, DC. tion that has been shown on this and so spent the night there, crushed, bleed- Hon. JOHN D. DINGELL, many pieces of legislation that our ing, broken, until a garbage truck driv- Ranking Member, House Energy and Commerce Committee on Energy and Commerce er spotted him from the highway the Committee, RHOB, House of Representa- brings to the floor in the course of a next morning. tives, Washington, DC. year. He nearly died. He went through in- DEAR MR. CHAIRMAN AND RANKING MEMBER: This is one of those rare occasions credible, horrible operations that The Cellular Telecommunications & Internet where the administration, the Demo- might have been avoided if only E911 Association (herein, CTIA) offers its unqualified support for the Commercial Spectrum crats and Republicans are all on the were in place, where he could have Enhancement Act (H.R 1320). We salute your same page. We all agree this is of vital picked up his mobile phone in that car, hard work on this legislation and urge its importance to the national economy, called 911, and immediately somebody passage by the House of Representatives. to the advancement of important wire- could have known where he was and an

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.005 H11PT1 H5184 CONGRESSIONAL RECORD — HOUSE June 11, 2003 ambulance could have come to his res- NUSSLE) of the Committee on the Budg- ness, but it will also spur innovation cue. et, who helped make this suspension and investment, both of which are des- That is what E911 is all about. E911 is day possible for us by helping approve perately needed in this day and age. literally taking the ‘‘search’’ out of this bill. I want to thank the chairman I would like to again thank the gen- ‘‘search and rescue’’ and making our of the Committee on Appropriations, tleman from Louisiana (Chairman TAU- mobile systems work much more effi- the gentleman from Florida (Mr. ZIN), I would like to thank the ranking ciently so we can, in that first incred- YOUNG), because the appropriators and member, the gentleman from Michigan ible hour where we can save lives and budget chairmen have surrendered the (Mr. DINGELL), the lead sponsor of the save limbs on the highway, we get to right to control this money. This bill, the gentleman from Michigan (Mr. the person who has been injured, who money is going to be in this fund to do UPTON), chairman of the sub- made the call, and we rescue them. In what it was intended to do. They did committee, and the ranking member of that important 20 minutes when some- the right thing when they approved the Subcommittee on Telecommuni- one’s child is being abducted, or a this legislation. cations and the Internet, the gen- house is being broken into and some- I want to again thank the Defense tleman from Massachusetts (Mr. MAR- body sees it on the highway and calls Department and the head of our Com- KEY). from a mobile unit, we can imme- mittee on Armed Services, the gen- In addition, I would also like to diately identify that location. tleman from California (Mr. HUNTER), thank Jesse McCollum from my staff, When those kind of things are hap- for working with us, because in so and Will Nordwind, Howard Waltzman, pening in our society, when we pass a many cases the spectrum we are talk- and Greg Rothschild of the committee bill to facilitate this kind of tech- ing about is now under the control of staff, for their efforts as well. nology, and we find out that the funds the Defense Department. That is the I urge my colleagues to vote for this that are derived from the tele- spectrum that might make the new good government bill because it makes a lot of sense and it is something that communications companies to pay for generation of wireless services avail- we should do. the deployment of this service are able for Americans. Mr. MARKEY. Mr. Speaker, I yield being diverted by State and local gov- I want to thank all of them for work- myself 1 minute. ernments to other purposes, even when ing with us on this legislation. This is Mr. Speaker, I would add to that lit- 911 is not deployed in our communities, the best example of Democrats and Re- any of saints which was just uttered by we should get upset. publicans, of government agencies, of the gentleman from New York (Mr. So today I take this opportunity to the White House, of everybody agreeing TOWNS). I would also like to add the congratulate the House on moving for- that we can do something good for the names of David Schooler, who is coun- ward on this Spectrum Relocation American economy, great for telecom sel to the gentleman from Michigan Fund and emphasizing how important resurgence in this country, great for (Mr. DINGELL) and the Democrats on it is to get the ball rolling on these new consumer services, great for all the committee, and to Colin Crowell on new technologies and also call upon who produce and develop and work for my staff, who participated in the draft- our colleagues at the State and local the technology companies that make ing of this legislation right from its in- level to stop raiding those E911 funds. these incredible products available to ception. They are set up, like this relocation us in America and to people all over During the course of the actual draft- fund, to get that technology deployed. the world. This is a good day for this ing of the bill, his first son Gavin was In the E911 case, it is not just to get House and for this government and for born, while balancing those two impor- a technology that is going to enrich this country, and I urge approval of tant responsibilities. Both of them our entertainment values or satisfy our this legislation. have come out extremely well over the need for information exchanges and Mr. MARKEY. Mr. Speaker, I yield last month. I think our country for the mobile services. In E911 it is going to such time as he may consume to the future is much brighter because of the mean somebody’s life. It may mean gentleman from New York (Mr. work of Colin for our Nation over this someone you love survives. It may TOWNS), the principal cosponsor of this past year. mean my friend would not have had to legislation. I hope that the other Members of this go through all of those operations and Mr. TOWNS. Mr. Speaker, I rise as a great Chamber deem fit to pass this not have had to spend the night broken cosponsor and strong supporter of the important legislation today, which will and wounded in the swamps of Lou- Commercial Spectrum Enhancement help us become stronger economically isiana waiting for rescue. That is how Act. H.R. 1320 will allow for deploy- while not undermining the defense of important it is. ment of advanced wireless services our Nation at all. So I hope, and I know my friends on through relocating federally owned Mr. Speaker, I yield back the balance the other side agree with me on this, spectrum to commercially designated of my time. we need to urge our friends at the areas and allowing the carriers to bid Mr. UPTON. Mr. Speaker, I yield my- State and local governments to take a on the bands of spectrum currently self such time as I may consume. good example from what we are doing held by the government. The bill would Mr. Speaker, I urge my colleagues to on this relocation fund and make sure also allow NTIA and the Department of support this legislation. It is good leg- the funds that have been allocated to Defense adequate flexibility to com- islation, a win-win. I look forward to deploy E911 are used to deploy E911, plete the relocation while being held getting it to the President’s desk and not to cover deficit problems at a State liable for the funds spent by the Gen- working with the other body as well to or local government or divert it to eral Accounting Office. make sure this bill happens. other purposes. Another important provision of the Mr. GREEN of Texas. Mr. Speaker, I rise in E911 funds ought to be used to deploy bill, Mr. Speaker, deals with the Tele- support of H.R. 1320, and I would like to thank E911. Americans ought to demand it. communications Development Fund, Chairman UPTON, Ranking Member MARKEY, Any State and local government that TDF, which was founded as part of the Chairman TAUZIN, and Ranking Member DIN- is diverting those funds ought to be put 1996 Telecommunications Act to ensure GELL, the dean of the House, for the oppor- on notice today that you are taking a that entrepreneurs in rural and under- tunity to work with them on this beneficial leg- chance on somebody’s life when you do served areas are not left behind by the islation, of which I am proud to be an original not deploy those services. digital economy. cosponsor. Here today, this House, this Con- I am pleased that our House leadership has 1045 gress, this government says that if we b moved this bill to the floor in a timely manner. have government spectrum that we can The language in H.R. 2350 will allow This is good, consensus legislation. make available to important uses like the TDF to extend loans to start up The Commercial Spectrum Enhancement this, we are going to set up a reloca- technology and telecom companies in Act is a reasonable, effective effort to allow tion fund to make sure nobody touches rural and underserved areas without American consumers to more quickly benefit it. being held to the standards of the Fair from the ambitious rollout of wireless tech- Mr. Speaker, I want to thank the Credit Reform Act, which is good. Not nologies that America’s wireless industry is gentleman from Iowa (Chairman only will this be a boon to small busi- planning in the near future.

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.011 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5185 By freeing up federal spectrum for the mar- ensure that its work is thorough and its over- (1) in subparagraph (C)(ii), by striking ket, consumers who are coming to depend on sight is effective. ‘‘and 2002’’ and inserting ‘‘2002, and 2003’’; mobile communications will greatly benefit. Mr. Speaker, I look forward to passing this and Wireless technology increases economic ef- legislation and to bringing the next generation (2) in subparagraph (D), by striking ‘‘2002’’ and inserting ‘‘2003’’. ficiency and productivity, increases conven- of wireless services to America’s consumers. Mr. UPTON. Mr. Speaker, I yield (d) SUPPLEMENTAL GRANTS FOR POPULATION ience and connectivity for individuals and fami- INCREASES IN CERTAIN STATES.—Section lies, and is ready to be a major growth sector back the balance of my time. 403(a)(3)(H) (42 U.S.C. 603(a)(3)(H)) is amend- of the technology economy. The SPEAKER pro tempore (Mr. ed— I would like to point out some key aspects LAHOOD). The question is on the mo- (1) in the subparagraph heading, by strik- of this bill that make it deserving of support by tion offered by the gentleman from ing ‘‘of grants for fiscal year 2002’’; all in this House. Number 1 is filling national Michigan (Mr. UPTON) to suspend the (2) in clause (i), by striking ‘‘fiscal year security needs. rules and pass the bill, H.R. 1320. 2002’’ and inserting ‘‘each of fiscal years 2002 and 2003’’; This bill has a sustainable and predictable The question was taken. The SPEAKER pro tempore. In the (3) in clause (ii), by striking ‘‘2002’’ and in- funding mechanism to ensure DOD does not opinion of the Chair, two-thirds of serting ‘‘2003’’; and have to cut corners with their communications. those present have voted in the affirm- (4) in clause (iii), by striking ‘‘fiscal year Robust communications are especially crit- ative. 2002’’ and inserting ‘‘each of fiscal years 2002 ical to our modern military’s ability to get its Mr. MARKEY. Mr. Speaker, on that I and 2003’’. (e) CONTINGENCY FUND.— job done, and DOD, and all other federal demand the yeas and nays. agencies should be fully, 100 percent com- (1) IN GENERAL.—Section 403(b)(2) (42 U.S.C. The yeas and nays were ordered. 603(b)(2)) is amended by striking ‘‘and 2002’’ pensated for spectrum relocation costs. The SPEAKER pro tempore. Pursu- Number two is the Congressional oversight and inserting ‘‘2002, and 2003’’. ant to clause 8 of rule XX and the (2) CONFORMING AMENDMENT.—Section of the spectrum auction and relocation proc- Chair’s prior announcement, further 403(b)(3)(C)(ii) (42 U.S.C. 603(b)(3)(C)(ii)) is ess to be led by the Commerce Committee proceedings on this motion will be amended by striking ‘‘2002’’ and inserting and the GAO. postponed. ‘‘2003’’. While the Department of Defense may be (f) FEDERAL LOANS FOR STATE WELFARE f the most essential federal agency and one PROGRAMS.—Section 406(d) (42 U.S.C. 606(d)) with a great tradition of heroism and honor— WELFARE REFORM EXTENSION is amended by striking ‘‘2002’’ and inserting waste, fraud, and abuse do occur there. That ACT OF 2003 ‘‘2003’’. is no particular criticism of DOD, just the fed- (g) MAINTENANCE OF EFFORT.—Section Mr. HERGER. Mr. Speaker, I move to 409(a)(7) (42 U.S.C. 609(a)(7)) is amended— eral government in general. suspend the rules and pass the bill (1) in subparagraph (A), by striking ‘‘or Mr. Speaker, I urge my colleagues to sus- (H.R. 2350) to reauthorize the Tem- 2003’’ and inserting ‘‘2003, or 2004’’; and pend the rules and pass this consensus legis- porary Assistance for Needy Families (2) in subparagraph (B)(ii), by striking lation. block grant program through fiscal ‘‘2002’’ and inserting ‘‘2003’’. Mr. DINGELL. Mr. Speaker, I strongly sup- year 2003, and for other purposes. (h) GRANTS TO INDIAN TRIBES.—Paragraphs port H.R. 1320, the ‘‘Commercial Spectrum The Clerk read as follows: (1)(A) and (2)(A) of section 412(a) (42 U.S.C. Enhancement Act,’’ to ensure that consumers H.R. 2350 612(a)(1)(A) and (2)(A)) are each amended by striking ‘‘and 2002’’ and inserting ‘‘2002, and benefit from the tremendous technological ad- Be it enacted by the Senate and House of Rep- 2003’’. resentatives of the United States of America in vances in commercial wireless services. (i) CENSUS BUREAU STUDY.—Section 414(b) I had several concerns when this bill was Congress assembled, (42 U.S.C. 614(b)) is amended by striking ‘‘and first introduced, and I commend Chairmen SECTION 1. SHORT TITLE. 2002’’ and inserting ‘‘2002, and 2003’’. This Act may be cited as the ‘‘Welfare Re- TAUZIN and UPTON for working with me to ad- SEC. 4. CONTINUATION OF MANDATORY CHILD form Extension Act of 2003’’. dress my concerns. CARE FUNDING. It is important that the Committee on Energy SEC. 2. REFERENCES. Section 418(a)(3)(F) (42 U.S.C. 618(a)(3)(F)) Except as otherwise expressly provided, and Commerce, whenever it creates a direct is amended by striking ‘‘fiscal year 2002’’ and wherever in this Act an amendment or repeal inserting ‘‘each of fiscal years 2002 and 2003’’. funding mechanism to achieve a policy goal, is expressed in terms of an amendment to, or ensure that both the Committee and the con- repeal of, a section or other provision, the SEC. 5. CONTINUATION OF CHILD WELFARE DEM- ONSTRATION AUTHORITY. gress maintain full and effective oversight amendment or repeal shall be considered to Section 1130(a)(2) (42 U.S.C. 1320a–9(a)(2)) is be made to a section or other provision of abilities. I am comfortable that the substitute amended by striking ‘‘2002’’ and inserting the Social Security Act. before us achieves that goal. ‘‘2003’’. First, it directs that both the Comptroller SEC. 3. CONTINUATION OF TANF BLOCK GRANT FUNDING. SEC. 6. CONTINUATION OF ABSTINENCE EDU- General and the Energy and Commerce and CATION FUNDING. (a) STATE FAMILY ASSISTANCE GRANT.— Appropriations Committees receive reports on Section 403(a)(1) (42 U.S.C. 603(a)(1)) is Section 510(d) (42 U.S.C. 710(d)) is amended the preliminary and final cost estimates for all amended— by striking ‘‘2002’’ and inserting ‘‘2003’’. relocations. The Committees and the General (1) in subparagraph (A), by striking ‘‘and SEC. 7. CONTINUATION OF TRANSITIONAL MED- Accounting Office (GAO) will also receive re- 2002’’ and inserting ‘‘2002, and 2003’’; and ICAL ASSISTANCE. ports on an annual basis regarding adherence (2) by striking subparagraphs (B) through (a) IN GENERAL.—Section 1925(f) (42 U.S.C. (E) and inserting the following: 1396r–6(f)) is amended by striking ‘‘2002’’ and to cost estimates and proposed timelines. inserting ‘‘2003’’. These materials, taken together, will permit ‘‘(B) STATE FAMILY ASSISTANCE GRANT.— The State family assistance grant payable to (b) CONFORMING AMENDMENT.—Section the Congress to closely monitor the spending a State for a fiscal year shall be the amount 1902(e)(1)(B) (42 U.S.C. 1396a(e)(1)(B)) is inclinations of the Department of Defense and that bears the same ratio to the amount amended by striking ‘‘2002’’ and inserting other agencies as they relocate to new spec- specified in subparagraph (C) of this para- ‘‘2003’’. trum. graph as the amount required to be paid to SEC. 8. EFFECTIVE DATE. Also—this is particularly important—if an the State under this paragraph for fiscal The amendments made by this Act shall agency ever exceeds its spending estimates year 2002 (determined without regard to any take effect on July 1, 2003. by 10 percent, it has to justify that increase reduction pursuant to section 409 or 412(a)(1)) The SPEAKER pro tempore. Pursu- both to the relevant Committees and to the bears to the total amount required to be paid ant to the rule, the gentleman from under this paragraph for fiscal year 2002 (as GAO. In addition, the government agency in California (Mr. HERGER) and the gen- so determined). tleman from Maryland (Mr. CARDIN) question is prohibited from spending the addi- ‘‘(C) APPROPRIATION.—Out of any money in tional request for 45 days while the Congress the Treasury of the United States not other- each will control 20 minutes. examines the reason for the cost overrun. wise appropriated, there are appropriated for The Chair recognizes the gentleman Thesxe provisions are not perfect, but they fiscal year 2003 $16,566,542,000 for grants from California (Mr. HERGER). represent a good faith effort on the part of the under this paragraph.’’. Mr. HERGER. Mr. Speaker, I yield Energy and Commerce leadership to exercise (b) MATCHING GRANTS FOR THE TERRI- myself such time as I may consume. effective oversight over the relocation process. TORIES.—Section 1108(b)(2) (42 U.S.C. Mr. Speaker, I rise in support of H.R. 1308(b)(2)) is amended by striking ‘‘2002’’ and 2350, the Welfare Reform Extension Act I am pleased that Chairman TAUZIN, Sub- inserting ‘‘2003’’. committee Chairman UPTON, Subcommittee (c) BONUS TO REWARD DECREASE IN ILLEGIT- of 2003. This legislation is a simple 3- Ranking Member MARKEY and I will be work- IMACY RATIO.—Section 403(a)(2) (42 U.S.C. month extension of key parts of the ing with the GAO throughout the process to 603(a)(2)) is amended— Nation’s welfare system.

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.008 H11PT1 H5186 CONGRESSIONAL RECORD — HOUSE June 11, 2003 Since the historic 1996 welfare reform Mr. Speaker, I reserve the balance of Congress with your support provides law, nearly 3 million children have my time. virtually no help for those at the bot- been lifted from poverty, record shares Mr. CARDIN. Mr. Speaker, I yield tom of the economic ladder, while of current and former welfare recipi- myself such time as I may consume. those at the top reap windfalls.’’ ents are working, and welfare depend- Mr. Speaker, I rise in support of this The letter goes on to say: ence has been cut in half. Despite the 3-month extension of the funding for ‘‘Pro-family commitments to invest challenges facing our country, these the Temporary Assistance for Needy in adequate child care, education, and welfare reforms continue to benefit Families, or TANF, program. I also training for our poorest families have families with children by promoting support the bill’s continuation of fund- fallen short in your administration’s work by low-income parents. ing for a series of programs designed to proposals. The most effective and bi- Unless we act, the authorization for help people leave welfare for work, in- partisan public policies for reducing key welfare programs will expire on cluding child care assistance and tran- poverty have not been adequately sup- June 30, 2003. H.R. 2350 will continue sitional Medicaid coverage. Without ported by your administration.’’ current funding for these programs this extension, funding for all these vi- This letter from religious leaders through September 30, 2003. That will tally important programs would expire concludes by suggesting, ‘‘many are provide the Senate more time to con- at the end of this month. feeling betrayed’’ by the disconnect be- sider a broad welfare reauthorization While this bill is important, it is ob- tween the President’s words and the bill along the lines proposed by the viously only a stopgap measure, as the actions on poverty-related issues. President and already passed by the chairman has indicated. Unfortunately, Mr. Speaker, I include for the House. this is the fourth short-term extension RECORD a copy of this letter. Members will recall that the House we have been forced to pass since last The letter referred to is as follows: passed a broad 5-year welfare reauthor- fall. Rather than continuously enact- CALL TO RENEWAL, ization bill last year. The Senate did ing these temporary measures, we Washington, DC, June 9, 2003. not act on that bill before the 107th should be sitting down to figure out DEAR MR. PRESIDENT: We are all leaders in Congress adjourned. The 2002 House bill how to craft a good 5-year reauthoriza- the faith community, whose churches and faith-based organizations are on the front was the product of intensive research tion for the TANF program. lines of fighting poverty. Many of us have and evaluation, including more than 20 I appreciate my chairman’s hope that supported your faith-based initiative from hearings in the House. Key provisions this will be the last of our extensions. the beginning of the administration. Several focused on achieving more work, less I can tell my chairman, the best way to of us have met with you to discuss the poverty, and stronger families. make sure that this will be the last of churches’ role in overcoming poverty and In February 2003, the House again these short-term extensions is for us to have offered solid support to our friends, acted on a full 5-year welfare reform get together, Democrats and Repub- John Dilulio and Jim Towey, who have led reauthorization bill and approved H.R. licans, with Members of the other body your Office of Faith Based and Community Initiatives. But while we have consistently 4, an updated version of its 2002 bill. and the administration, and work out a backed faith-based approaches to poverty re- While we have been waiting for con- true bipartisan compromise on a reau- duction, we have also insisted they must be sensus on a long-term reauthorization thorization that will help America’s accompanied by policies that really do assist of these programs, the House and Sen- families. low-income families and children as they ate have agreed to three separate But regrettably, the Republican lead- seek self-sufficiency. short-term extensions. Those exten- ership of this House has precluded such Mr. President, it is a critical time for poor sions covered the first, second, and discussions by literally ramming people in America. Poor people are suffering; third quarters of the current fiscal through a TANF reauthorization with- and our faith-based service providers see it every day in communities across the coun- year. out any hearings and without any op- try. The poor are suffering because of a The legislation before us today would portunity this year for us to work our weakening economy. The poor are suffering do more of the same, extending these will, so once again we are stuck with- because of resources being diverted to war programs for the fourth quarter of the out a long-term commitment to many and homeland security. And the poor are suf- current fiscal year, or through Sep- of our Nation’s most important anti- fering because of lack of attention in na- tember 30, 2003. States and families poverty programs. tional public policy. would be on the receiving end if we My friends on the other side of the We are writing because of our deep moral reach agreement on a long-term reau- aisle may be tempted to blame the concern about consistency in your administration’s support for effective policies that thorization bill. other body, but let me tell the Mem- help alleviate poverty. We believe a lack of The House-passed 5-year reauthoriza- bers, I think it has been our actions, focus on the poor in the critical areas of tion bill, H.R. 4, encourages even more not theirs, that have stalled the oppor- budget priorities and tax policy is creating a low-income parents to work while pro- tunity to enact a comprehensive 5-year crisis for low-income people. We believe the viding more resources to support them. reauthorization bill. President Bush budget your administration has put forward Unfortunately, the improvements in- did send to Congress a rigid, Wash- fails to protect and promote the well being of cluded in H.R. 4 will continue to re- ington-knows-best welfare plan that our poorest and most vulnerable citizens. main on hold while we pass short-term was criticized by Governors, mayors, The tax cut just passed by the Congress with your support provides virtually no help for placeholder extensions. For example, welfare administrators, poverty ex- those at the bottom of the economic ladder, H.R. 4 as passed by the House provides perts, and religious leaders. It focused while those at the top reap windfalls. The re- at least $2 billion in added child care on make-work instead of real jobs for sulting spending cuts, at both federal and funds over 5 years, along with more welfare recipients, and it replaced state levels, in the critical areas of health flexibility in spending cash welfare State flexibility with unfunded man- care, education, and social services, will fall funds on child care and other needs. dates. heaviest on the poor. Budgets are moral doc- So long as we continue to extend our Mr. Speaker, on Monday three dozen uments. Nation’s welfare system on a short- religious leaders sent a letter to Presi- You have taken many positive steps with regard to international aid and development, term basis, States cannot take advan- dent Bush echoing these concerns. Let such as the HIV/AIDS initiative, and we tage of these additional dollars or imme quote a little from that letter. would like to see that compassion manifest prove flexibility. That means low-in- These were religious leaders, some of here at home. In significant social programs, come families will not see the benefits whom helped the administration in like welfare reform, we have supported the of the improvements we have proposed crafting its policy. proposals of your administration to for the program. Ultimately, the suc- ‘‘Poor people are suffering; and our strengthen marriage and family as effective cess of the 1996 law reforms may begin faith-based service providers see it antipoverty measures; but the companion to erode as well. every day in communities across the pro-family commitments to invest in ade- It is my hope H.R. 2350 will be the country . . . We believe that the budg- quate child care, education, and training for our poorest families have fallen short in final short-term extension we approve, et your administration has put forward your administration’s proposals. The most and in the next 3 months we get a com- fails to protect and promote the well- effective and bipartisan public policies for prehensive welfare reform bill to the being of our poorest and most vulner- reducing poverty have not been adequately President’s desk for signature. able citizens. The tax cut passed by supported by your administration.

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.015 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5187 Over the past several years, we have advo- Rev. Mark Hanson, Presiding Bishop, a deaf ear. One percent for kids could cated several policy initiatives in addition to Evangelical Lutheran Church in America. really help stimulate our economy and the ‘‘faith-based initiative’’ that would help Bishop Thomas L. Hoyt, Jr., Presiding grow our economy. low-income people in this country. These in- Bishop, Fourth District, Christian Methodist clude TANF reauthorization that makes pov- Episcopal Church, President-elect, National Mr. Speaker, let me make it clear, erty reduction a priority, targeted tax relief Council of Churches in the USA. speaking for my colleagues on this side for low-income families, and funding for David G. Hunt, President, American Bap- of the aisle, we are ready today to sit proven programs that would effectively re- tist Churches USA. down with our colleagues on the Re- duce poverty. We believe administration sup- Hyepin Im, President, Korean Churches for publican side to work out a TANF report for such policies would be consistent Community Development. authorization 5-year bill that will pro- with your stated commitment of being com- William ‘‘Bud’’ Ipema, Vice-President, vide predictability, flexibility, and re- Council of Leadership Foundations. passionate toward the poor, especially since sources to our States to continue the you have spoken more about issues of pov- Rev. Alvin Jackson, National City Chris- erty than many of your predecessors. tian Church, Moderator, Christian Church- job that they started 6 years ago when We recall your Notre Dame address two Disciples of Christ in the US and Canada. we reformed the welfare system in a bi- years ago, where you pointed out: ‘‘Govern- Rev. Ted Keating, SM, Executive Director, partisan way. Let us continue that ef- ment has an important role. It will never be Conference of Major Superiors of Men. fort. Let us make the tools available. replaced by charities. . . . Yet, government Rev. Cliffton Kirkpatrick, Stated Clerk, Let us not just try to ram through a must also do more to take the side of char- Presbyterian Church USA. bill that the experts tell us will not be ities and community healers, and support Rt. Rev. Mark MacDonald, Bishop, Epis- in the best interests of our children. their work. . . . Government must be active copal Diocese of Alaska. enough to fund services for the poor—and Bishop Felton Edwin May, Presiding Mr. Speaker, I yield 5 minutes to the humble enough to let good people in local Bishop, Baltimore-Washington Conference, gentleman from Michigan (Mr. LEVIN), communities provide those services.’’ United Methodist Church. a distinguished member of the Com- Mr. President, ‘‘the good people’’ who pro- Rev. Dr. A. Roy Medley, General Sec- mittee on Ways and Means who is a vide such services are feeling overwhelmed retary, American Baptist Churches USA. very active member of the Sub- by increasing need and diminishing re- Gordon Murphy, Executive Director, Chris- committee on Human Resources. tian Community Development Association. sources. And many are feeling betrayed. The (Mr. LEVIN asked and was given per- lack of a consistent, coherent, and inte- Rev. Glenn R. Palmberg, President, Evan- grated domestic policy that benefits low-in- gelical Covenant Church. mission to revise and extend his re- come people makes our continued support Bishop Donald A. Ott, Coordinator, United marks.) for your faith-based initiative increasingly Methodist Council of Bishops Initiative on Mr. LEVIN. Mr. Speaker, the 1996 untenable. Mr. President, the poor are suf- Children and Poverty. welfare reform bill expired about a fering, and without serious changes in the Carole Shinnick, SSND, Executive Direc- year ago, and since then this Congress policies of your administration, they will tor, Leadership Conference of Women Reli- has passed a series of short-term exten- gious. suffer even more. sions. When you announced the faith-based ini- Ron J. Sider, President, Evangelicals for tiative, you pledged that: ‘‘I want to ensure Social Action. I will vote for this extension, but it is that faith-based and community groups will Rev. John H. Thomas, General Minister a sad reflection on this House and its always have a place at the table in our delib- and President, United Church of Christ. majority, and on the majority in terms erations.’’ Mr. President, it’s time to bring Joe Volk, Executive Secretary, Friends of the Senate, and surely on the admin- faith-based organizations to the table where Committee on National Legislation. istration that we have failed to renew policy decisions are being made. We are con- Jim Winkler, General Secretary, General and to really expand the basic prin- cerned that the needs of poor people in Board of Church and Society, United Meth- odist Church. ciples of welfare reform that so many America seem to have little influence in the of us worked to enact. critical policy decisions your administration Mr. Speaker, let me also point out to The House Republican leaders is making. The faith-based-initiative seems my colleagues a book that was recently rammed through a rewrite of welfare to be the only place in your administration released by Elizabeth Sawhill as the reform some months ago. It was not a where poverty is prioritized, yet we know editor called ‘‘One Percent for Kids. I that faith-based initiatives alone will never continuation, but really a step back- mention that because the gentlewoman be sufficient to solve the problems of pov- ward. It was passed on a partisan vote. from Connecticut (Mrs. JOHNSON) and I erty. As we have discussed with you the There was no effort in this House to participated on a panel at Brookings faith-based initiative, we now want to en- create a bipartisan welfare bill. In 1996 gage your administration in a serious con- on this particular subject. we passed one on a bipartisan basis, versation about domestic social policy. Mr. I want to just emphasize one point but this time around there was no ef- President, it’s time to talk. that was pointed out in the beginning fort to continue that tradition. The bill Sincerely, of this book. At the present time, our Rev, Jim Wallis, Convener and President, that was pushed through this House Nation is spending 2 percent of its Call to Renewal. also ran counter to the research that gross domestic product on programs for David Beckmann, President, Bread for the we helped to fund and the views of Gov- children. We are spending 21⁄2 percent of World. ernors. Rev. Peter Borgdorff, Executive Director of our gross domestic product on serv- Ministries, Christian Reformed Church. icing the national debt. In a survey that was conducted by Lt. Col. Paul Bollwahn, National Social My chairman mentioned the fact the National Governors Association, Services Secretary, The Salvation Army. that the TANF reauthorization bill over 40 State welfare directors said J. Daryl Byler, Director, Washington Of- this, that the Bush administration plan fice, Mennonite Central Committee. that passed this body would increase the potential for funding for the pov- would force ‘‘fundamental changes’’ in Bart Campolo, President, Mission Year. their successful welfare programs. And Tony Campolo, President, Evangelical As- erty programs in this country by $2 bil- sociation for Promotion of Education. lion. I might point out that only $1 bil- the researcher who did most of the re- Rt. Rev. John Bryson Chane, Bishop, Epis- lion was assured. The second billion search on welfare-to-work strategies copal Diocese of Washington, DC. was authorization. We are increasing said that the Bush administration plan Rt. Rev. Steven Charleston, President and the national debt this year by $400 bil- would force ‘‘the most successful pro- Dean, Episcopal Divinity School. lion in order to give tax cuts basically grams to change substantially.’’ Dave Donaldson, President, We Care Amer- So we lost, as the gentleman from ica. to wealthy people. To service that ad- Maryland (Mr. CARDIN) has said, a Rev. Dr. Robert Edgar, General Secretary, ditional debt, it will cost somewhere National Council of Churches in the USA. between $12 billion and $14 billion in chance some months ago to work on a Dr. Robert M. Franklin, Presidential Dis- next year’s budget alone. bipartisan basis in this House. And tinguished Professor, Candler School of The- there are key differences between the ology, Emory University. b 1100 approach that was embodied in the bill Wayne Gordon, President, Christian Com- So, yes, we are very generous on the that passed here and what Democrats munity Development Association. tax cuts and on saddling taxpayers have proposed. Rev. Wes Granberg-Michaelson, General Secretary, Reformed Church in America. with interest on the national debt. But The first basic difference is whether Rev. Dr. Richard Hamm, General Minister when it comes to America’s future, people should be, who are on welfare & President, Christian Church—Disciples of when it comes to investing in our chil- and remain there, should be working or Christ in the US and Canada. dren for their future, we seem to have whether we should help people move off

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.012 H11PT1 H5188 CONGRESSIONAL RECORD — HOUSE June 11, 2003 of welfare into work. And we Demo- but too often we have seen partisan- poverty. I urge the Senate to end this crats say that should be the key objec- ship, as the gentleman pointed out, but obstructionism and work with us to tive of welfare reform, helping people not with the examples that he had enact a strengthened TANF program. move off of welfare into work; and that cited. We have seen partisanship creep I am hopeful that this bill will pass was in the proposal that the gentleman into the debate on welfare reform, and today; but having heard some of the re- from Maryland (Mr. CARDIN) and others I think it has detracted from the seri- marks earlier on the floor, I also want of us put together. ousness of the endeavor. to take a moment to clarify the record. A second difference is whether the As the chairman of the subcommittee Yes, the bill that passed in 1996 passed emphasis should be on people working noted, this has been, if not one of the finally with bipartisan support. But in in poverty or people working their way greatest social reforms of the 20th cen- its earlier forms it had been consist- out of poverty, and the Democratic tury, certainly the most successful so- ently opposed by the minority. The plan emphasized people working their cial reform of the last 20 years of the record shows very clearly the broad way out of poverty. last century. We were successful in outline of what we had proposed and A third difference related to the issue overhauling a failed welfare system. was signed into law was present in the of work supports. In 1996, the first wel- And as a result, some 3 million chil- earlier versions of the bill, but it was fare reform bill was vetoed by Presi- dren have risen out of poverty since opposed by the Clinton administration dent Clinton because there were inad- the bill that we had passed and we de- and opposed by many on the minority equate day care money and inadequate veloped in the subcommittee, and I was side. We had sought bipartisanship in health care provisions. And then the there in 1996, and was signed into law that markup in 1996 just as we had majority here came back and finally by the last administration. sought bipartisanship last year and agreed to adequate health care and According to the U.S. Department of this year. But bipartisanship requires adequate day care. But in the bill that Agriculture, the number of American both parties to engage. We also have passed here some months ago, there children experiencing hunger has plum- shown on our side, in the majority, a were inadequacies in terms of health meted to half the number in 1995. Now, strong and consistent commitment to care provisions and also in terms of the economy was growing during this day care, whereas, we were faulted by day care provisions. period; but we also have to recognize some for not adequately funding day So here we are again. We are sug- that at different times when the econ- care. In fact, in 1996 we put twice as gesting a quarterly extension. We can- omy was growing in the past, the wel- much funding, substantially more not allow this legislation that was fare rolls had also been growing. Dur- funding for day care than the Clinton passed almost 7 years ago now to sim- ing this period, the welfare rolls were administration had originally pro- ply die. We have to continue the proc- literally cut in half. In all, 3.5 million posed. So that has always been a red ess. We owe it to this country. We owe fewer Americans lived their lives in herring. it to the families who are trying to poverty than in 1995. What we have done is give the States work their way off of welfare into The results of welfare reform are adequate resources to meet the needs work. But we need to do better. As the hard to argue with, although some on of poor people; and as they brought gentleman from Maryland (Mr. CARDIN) the left are continuing to try to make more and more off the rolls, they have said to the chairman of the sub- that argument. been extraordinarily successful in committee, and really to the chairman While this success is inspiring, we meeting those needs. of the committee, and really to this recognize that more work needs to be We need to continue that work and whole House, let us go back and try to done and further changes need to be continue this bill by passing this reau- put together a bipartisan product. Wel- made, which were embodied in the bill thorization. fare reform deserves more than a par- that we passed last year. May I say we Mr. CARDIN. Mr. Speaker, I yield tisan approach. need to recognize that some of the myself such time as I may consume. So that is really the basic issue be- things that were included in the bill Mr. Speaker, first, let me just com- fore us today. We will pass the exten- that we passed earlier this year, which ment briefly on my friend’s, the gen- sion. I urge everybody to vote for it. was a replication of what had passed in tleman from Pennsylvania’s (Mr. But I do not think that it should be an the earlier Congress to fully reauthor- ENGLISH), revisionist history. excuse for further inaction by the ma- ize this program, including initiatives The original welfare reform bill was jority in this House. like full-check sanction, a very impor- signed by President Clinton. He held Mr. HERGER. Mr. Speaker, I yield tant reform that makes very clear if out his final support because it was myself such time as I may consume. you do not follow the rules, you do not moving through Congress without the Mr. Speaker, I would just like to re- get your welfare benefits. child care provisions that my friend mind everyone that what we are renew- Some 2 million recipients now re- from Pennsylvania is now taking credit ing is an updated legislation that we main dependent upon welfare assist- for or the health provisions. had some 20 hearings on in the last ance and many still do not participate Let me also point out, if I might, Mr. Congress. It is legislation that is up- in work or training programs. In re- Speaker, that a lot has happened in the dating probably the most successful so- sponse, we have passed in our reauthor- last year. We have had no hearings on cial welfare reform in our Nation’s his- ization, a boost of tough work require- this legislation in this Congress. Yet tory. More than 50 percent of those who ments and reinvigorated work incen- we have extended unemployment insur- have been on welfare are now out being tives for State and welfare recipients. ance. We have seen a deterioration in productive. Child poverty levels are at Stronger welfare reform means less de- our economy. We have seen our States the lowest in history. Again, what we pendence and more economic independ- strapped with some of the highest need to do is extend this for the 3 ence for poor people in America. Per- budget deficits in their history. And months so that we can get agreement haps more importantly, strengthening yet on the most important anti-pov- in the Senate so we can move forward welfare reform means fewer American erty program in our Nation, we have with this updated legislation. children will be living in poverty. not had one hearing or one opportunity Mr. Speaker, I yield 5 minutes to the However, some opponents of welfare to deal with the bill on this reauthor- gentleman from Pennsylvania (Mr. reform, as we have seen, have sought to ization act. That is not bipartisanship, ENGLISH), a member of the committee turn back the clock by running out the and that is not an open process. and subcommittee. clock on this reauthorization. We saw Mr. Speaker, I yield 3 minutes to the Mr. ENGLISH. Mr. Speaker, I would that in the Senate in the last Congress; gentlewoman from Texas (Ms. JACK- like to thank the gentleman for yield- and, unfortunately, in this Congress SON-LEE). ing me time. the Senate has not taken up the bill in Ms. JACKSON-LEE of Texas. Mr. Mr. Speaker, I particularly welcome as timely a fashion as we would like. Speaker, I thank the distinguished gen- the opportunity to come to the floor Hence, we are with this bill today. tleman from Maryland (Mr. CARDIN) for and invite my colleagues to support I believe that there are opponents of yielding me time. I thank him for his this extension on a bipartisan basis. I this effective social policy that are try- leadership on this issue in the Com- will talk more on this in a moment; ing to filibuster our attempts to fight mittee on Ways and Means.

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.018 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5189 Let me acknowledge to the chairman bill passed by the Republicans, a $550 Under TANF, recipients must work after two of this committee that I stand in sup- billion tax cut, an average of $93,500. So years of receiving assistance. With the coun- port of the extension of the temporary here we are, extending a welfare bill ty’s current economic standing being so poor, assistance for needy families block without real hearings to be able to as- it is difficult to find employment not only for grant reauthorization. But I think it is sist us in getting a real welfare reform TANF recipients but also for most unemployed important to put a face on this ques- bill, and yet we cannot get the child people who are looking for work. To count to- tion. And my good friend from Mary- tax credit bill, the refund bill, the free- ward State work requirements, recipients are land (Mr. CARDIN) made a very good standing Senate bill which has been required to participate in unsubsidized or sub- point. We have a troubled economy, al- passed by the Senate to aid 12 million sidized employment, on-the-job training, com- most a crumbling economy. And, families, we cannot get it on the floor munity service, 12 months of vocational train- frankly, it is imperative, it is almost of the House. ing, or they must provide child care services to urgent, it is a crisis that we have hear- What we are hearing are rumors individuals who are participating in community ings on this particular legislation, the about a kitchen sink full of unneces- service. In this House, we know that budgets idea of welfare reauthorization, be- sary additions to the tax bill that will for subsidized employment programs have cause people are hurting. do nothing but throw it into conference been cut, funds for vocational training are The history of this legislation was and delay this refund to needy working being slashed, and education programs are aptly pointed out that, in fact, as more families in America. I hope as we ex- being decreased on the State and Federal people moved from welfare to work in tend and vote to extend this particular level. The diminution of those employment and the mid-1990s, it was because the econ- bill, we do it on behalf of those families education programs only hurts TANF recipi- omy was percolating. Under President who made a change in their life and ents and other low-income families. Clinton’s administration and the 1997 those attempting to make a change, Mr. Speaker, there is a five-year time limit Budget Act, jobs increased and oppor- but we cannot really help America’s for families who receive TANF. In other words, tunities increased for those welfare re- working families unless we sit down in after receiving five years of assistance over a cipients moving off of welfare; as I a bipartisan way and work on the lifetime, recipients are ineligible for cash aid. If heard the chairman mention, more Democratic approach and come to- we do not do what is needed to get this econ- work, stronger families and less pov- gether on a bill that truly puts tools omy moving and to create jobs for the unem- erty. and skills in the hands of those who ployed, there will be many families bumping Today we have the complete oppo- want to move from welfare to work. up against the cutoff time for their TANF bene- site: a deficit that is blossoming, boom- Finally, Mr. Speaker, we are shamed fits. ing and imploding; unemployment at if we continue to pay 190,000 rich fami- In closing, I will support this bill for the good 6.1 percent; constituents in my district lies in America $93,000, and we cannot of my constituents. I call upon the other mem- begging for work but without the op- afford to give working families on av- bers of this body to support this bill and to portunity for work. Just last weekend erage $154. Let us vote for the Senate support the child tax credit for low-income in visiting with my constituents, a sin- bill on the tax question and reextend families immediately. Finally, I call upon my gle mother with three children, work- this legislation. colleagues on the other side of the aisle to ing every day, begged me for increased Mr. Speaker, I rise in support of H.R. 2350, stop the attack against working families and to child care assistance. a bill to reauthorize the Temporary Assistance support positive initiatives to help improve the for Needy Families (TANF) block grant pro- b 1115 lives of American families. gram. TANF is an important program for mil- Mr. HERGER. Mr. Speaker, I yield The reason why that bill passed in lions of needy families and it is right that we myself such time as I may consume. the mid-1990s that President Clinton support the extension in funding that this bill Mr. Speaker, I would just like to resigned is because he held out for child provides. mind the other side how successful this care and health assistance. What do we While I support this bill, I agree with my legislation has been since 1996. Child have now? We have the complete oppo- Democratic colleagues who have said that this poverty has fallen sharply. Nearly 3 site. We have poverty growing deeper, three month extension is only the beginning of million children have been lifted from more people in poverty and needing what we must do to provide for the needy. I poverty. The black child poverty rate welfare, and no response from this Con- also agree with my colleagues that we need to is now at a record low. More parents gress. bring to the floor and pass a bill to extend the are working. Employment by mothers Yet the Democratic approach, which child credit to more than 6 million families that most likely to go on welfare rose by 40 we are prepared to sit down and nego- were excluded from the legislation that the percent from 1995 to 2000. Dependence tiate, involves more welfare recipients President recently signed. Extending the child fell by unprecedented levels. Welfare getting real jobs coming out of pov- tax credit will do much to aid low-income fami- caseloads fell by 9 million, from 14 mil- erty, not make-work jobs, State flexi- lies in this country. As such, passing the child lion recipients in 1994 to just 5 million bility to help welfare recipients move tax credit bill should be the next order of busi- today. into employment, even in the backdrop ness by this body. Again, this is legislation that has of these terrible economic conditions. Mr. Speaker, in 1996, the House passed been updated this year that we had We need more education training, ‘‘The Personal Responsibility and Work Op- some 20 hearings on in the last Con- which the Democratic bill has, which portunity Reconciliation Act.’’ The act was a gress and which passed earlier this we have not been able to get to the far-reaching welfare reform plan that dramati- year; and I might mention also that we table and discuss and negotiate in a bi- cally changed the nation’s welfare system. provide an additional $2 billion in partisan way, and then of course the The primary change is that welfare recipients added child care funds in our legisla- whole issue of child care services. are now required to work in exchange for the tion which hopefully will be renewed Mr. Speaker, we have another crisis time-limited assistance that they receive. here in 3 months. We provide the because in fact as we extend this legis- As part of that bill, the Temporary Assist- States with more State flexibility in lation but yet not have the real hear- ance for Needy Families program replaces the spending cash welfare funds, we focus ings that we need to have, we are still Aid to Families with Dependent Children more on promoting healthy marriage fighting to get the child tax credit bill (AFDC) and Job Opportunities and Basic and child well-being, and we encourage on the floor of the House. We ARE still Skills Training (JOBS) programs. Under TANF, more work, higher incomes, and less fighting to get the Republican leader- States and territories operate programs, and welfare dependence. ship of this House to understand that tribes have the option to run their own pro- Mr. Speaker, I reserve the balance of people are living in a crisis, and those grams. States, territories, and tribes each re- my time. making $10,000 to $26,000 a year are beg- ceive a block grant allocation with a require- Mr. CARDIN. Mr. Speaker, I yield ging us to pass the Senate bill which ment on States to maintain historical levels of myself such time as I may consume. gives an additional $154 on average per State spending known as maintenance of ef- Mr. Speaker, let me just in response child to hardworking low-income fami- fort. Moreover, the Personal Responsibility to our friend from California, point out lies, up to 12 million families. and Work Opportunity Reconciliation Act em- if the gentleman has so much con- The new tax law provides each of powers States with the flexibility to design fidence in current law in the results America’s 190,000 families, meaning the their TANF programs. that have just been spelled out, I am

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.020 H11PT1 H5190 CONGRESSIONAL RECORD — HOUSE June 11, 2003 curious as to why the bill that passed address, and there are some 2 million port equally divided and controlled by the the House that is now being promoted, families that remain dependent on wel- proponent and an opponent, shall not be sub- why over 40 of our welfare administra- fare. And that is why even though this ject to amendment, and shall not be subject tors in our various States have said it legislation has been so incredibly suc- to a demand for division of the question in the House or in the Committee of the Whole. will cause a fundamental change in cessful, we still have more to do. All points of order against such amendment their welfare system, it would cause With that, I would urge the body to are waived. At the conclusion of consider- them to shift their local priorities to support this legislation, this extending ation of the bill for amendment the Com- federally mandated priorities where of 3 months. I urge an ‘‘aye’’ vote. mittee shall rise and report the bill to the our own scorekeepers have indicated Mr. Speaker, I yield back the balance House with such amendments as may have that there are additional mandates to of my time. been adopted. Any Member may demand a the States far beyond the dollars made The SPEAKER pro tempore (Mr. separate vote in the House on any amend- available, far beyond the $2 billion, if LAHOOD). The question is on the moment adopted in the Committee of the Whole tion offered by the gentleman from to the bill or to the amendment in the na- in fact $2 billion is made available, our ture of a substitute made in order as original States would be required to conform to California (Mr. HERGER) that the House text. The previous question shall be consid- new mandates. If we believe that the suspend the rules and pass the bill, ered as ordered on the bill and amendments current law has been so successful, why H.R. 2350. thereto to final passage without intervening are we now taking away the ability of The question was taken. motion except one motion to recommit with States to set their own priorities? The SPEAKER pro tempore. In the or without instructions. Mr. Speaker, I am going to ask my opinion of the Chair, two-thirds of The SPEAKER pro tempore. The gen- colleagues to do two things. First, I those present have voted in the affirm- tleman from Florida (Mr. LINCOLN ask my colleagues to support the 3- ative. DIAZ-BALART) is recognized for 1 hour. month extension. It is the responsible Mr. CARDIN. Mr. Speaker, on that I Mr. LINCOLN DIAZ-BALART of thing to do. We need to approve this demand the yeas and nays. Florida. Mr. Speaker, for the purpose legislation. The yeas and nays were ordered. of debate only, I yield the customary 30 Second, I am going to ask, let us all The SPEAKER pro tempore. Pursu- minutes to the gentleman from Massa- step back for a moment and take a ant to clause 8 of rule XX and the chusetts (Mr. MCGOVERN), pending deep breath and take a look at the Chair’s prior announcement, further which I yield myself such time as I issues and the families that are af- proceedings on this motion will be may consume. During consideration of fected, listen to our Governors who postponed. this resolution, all time yielded is for have the principal responsibility, ana- f the purpose of debate only. lyze the GAO report which indicates (Mr. LINCOLN DIAZ-BALART of PROVIDING FOR CONSIDERATION that most of our States have had to cut Florida asked and was given permis- OF H.R. 2115, FLIGHT 100—CEN- back on child care money because of sion to revise and extend his remarks.) TURY OF AVIATION REAUTHOR- their fiscal problems. Mr. LINCOLN DIAZ-BALART of IZATION ACT In my own State of Maryland, they Florida. Mr. Speaker, House Resolution are taking no new enrollments in child Mr. LINCOLN DIAZ-BALART of 265 is a structured rule providing for care unless you are on welfare. Think Florida. Mr. Speaker, by direction of the consideration of 2115, the Flight 100 of this message: If you want safe, af- the Committee on Rules, I call up Century of Aviation Reauthorization fordable child care, go on welfare. That House Resolution 265 and ask for its Act. The rule provides 1 hour of general is the wrong message. Let us talk to- immediate consideration. debate, equally divided and controlled gether, let us listen to each other and The Clerk read the resolution, as fol- by the chairman and ranking minority let us come up with a bipartisan bill lows: member of the Committee on Trans- that we can be proud of, that can pass H. RES. 265 portation and Infrastructure. The rule both this body and the other body and Resolved, That at any time after the adop- provides ample opportunity to discuss be signed by the President; and, most tion of this resolution the Speaker may, pur- this important reauthorization before importantly, will help our States in suant to clause 2(b) of rule XVIII, declare the us today. their efforts not only to get people out House resolved into the Committee of the H.R. 2115 is a bipartisan bill intro- of welfare, but to get American fami- Whole House on the state of the Union for duced by the gentleman from Alaska consideration of the bill (H.R. 2115) to amend lies out of poverty. title 49, United States Code, to reauthorize (Mr. YOUNG) and the gentleman from Mr. Speaker, I yield back the balance programs for the Federal Aviation Adminis- Florida (Mr. MICA) as well as the rank- of my time. tration, and for other purposes. The first ing members, the gentleman from Min- Mr. HERGER. Mr. Speaker, I yield reading of the bill shall be dispensed with. nesota (Mr. OBERSTAR) and the gen- myself such time as I may consume. All points of order against consideration of tleman from Oregon (Mr. DEFAZIO). Mr. Speaker, in closing, let me re- the bill are waived. General debate shall be This reauthorization of the Federal mind the gentleman from Maryland confined to the bill and shall not exceed one Aviation Administration, appro- (Mr. CARDIN) that just in the last 2 hour equally divided and controlled by the priately titled for the 100th anniver- weeks we passed legislation which was chairman and ranking minority member of the Committee on Transportation and Infra- sary of powered flight, continues a tra- signed by the President which gives to structure. After general debate the bill shall dition of funding the promotion of safe- the States an additional $20 billion in be considered for amendment under the five- ty in our skies. State aid. The States also have some $6 minute rule. It shall be in order to consider Mr. Speaker, I would like to high- billion in Temporary Aid to Needy as an original bill for the purpose of amend- light some of the important provisions Families or TANF surplus that is ment under the five-minute rule the amend- in the underlying legislation. available to them. We also transferred ment in the nature of a substitute rec- First, this legislation reauthorizes some $3 billion of surplus that they ommended by the Committee on Transpor- the FAA at $3.4 billion next year rais- have available. We also have $6 billion tation and Infrastructure now printed in the ing $200 million in the year after that. bill, modified by the amendment printed in of unemployment that they have in part A of the report of the Committee on The FAA, nearly 45 years after it was surplus available. Rules accompanying this resolution. That created, takes an ever-present role as The gentleman asked if the legisla- amendment in the nature of a substitute we take important steps to ensure tion is so successful, why would we shall be considered as read. All points of America’s security. The FAA is pri- want to make changes; child poverty order against that amendment in the nature marily responsible for the safety of our has fallen, more parents are working, of a substitute are waived. No amendment to Nation’s skies through activities rang- dependence fell by unprecedented lev- that amendment in the nature of a sub- ing from the continued monitoring by els. But the fact is there is still more stitute shall be in order except those printed air traffic controllers to the develop- that needs to be done. There is still 58 in part B of the report of the Committee on Rules. Each such amendment may be offered ment of new air space technologies. percent of recipients who are not work- only in the order printed in the report, may Within my district is Miami Inter- ing or trained. There are too many be offered only by a Member designated in national Airport, which I have the families that are breaking up, who the report, shall be considered as read, shall privilege to represent, and is consist- never formed, that this legislation will be debatable for the time specified in the re- ently one of the Nation’s busiest for

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.022 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5191 both international and domestic travel. DEFAZIO) in the best tradition of the 5 years, despite $1.8 billion in profits. I am impressed by the level of public- Committee on Transportation and In- Enron’s taxes over 5 years were a nega- private cooperation between organiza- frastructure worked long and hard to tive $381 million, and its corporate tax tions such as the FAA and Miami produce a sensible bipartisan bill, and welfare totaled $1 billion. International Airport. they should be commended. WorldCom paid no taxes at all in 2 of Mr. Speaker, following the tragedy of I also want to thank the Committee the last 3 years, despite $15.2 billion in September 11, 2001, our Nation’s air- on Transportation and Infrastructure profits before going bankrupt. ports and airlines were forced to deal for including an important provision WorldCom’s total tax rate over the 3 with the ever-growing and obvious that will benefit smaller airports like years was only 1.6 percent. Corporate problem of security. I believe that this the one I represent in Worcester, Mas- tax welfare slashed WorldCom’s tax bill bill contributes to this endeavor while sachusetts. by $5.3 billion over the past 5 years. ensuring that those affected by these This provision will allow airports All the while these corporations are horrible acts are helped. like Worcester, known as primary air- not paying taxes, other companies are ports, to continue to receive Air Im- relocating to the Caribbean to avoid b 1130 provement Program Entitlement Fund- paying them altogether. Mr. Speaker, H.R. 2115 provides for ing, or AIP, for fiscal years 2004 and These corporate robber barons have an extension of war risk insurance for 2005 based on prior year emplanement saved billions and billions of dollars both international and domestic flights levels. It specifically grants the Sec- through loopholes supported by the Re- while ensuring that this important in- retary of Transportation the authority publican majority, and yet those same surance is extended to manufacturers to maintain current AIP funding levels Republicans say that providing a hard- and airline vendors through the De- for primary airports based on a dis- working American family a few hun- partment of Transportation. crete set of criteria related to the dra- dred extra dollars is bad policy. This Congress was quick to assist air- matic reduction in commercial air The Republican policies are crystal lines following September 11, and service since September 11. clear, Mr. Speaker; and they are wrong. rightfully so. The economic benefits AIP entitlement is a critical source Last week, in this Chamber, the gen- from the movements of people and and oftentimes the only source of fund- tleman from Maryland (Mr. HOYER), goods that airlines provide, I think, de- ing for capital improvements at these the distinguished minority whip, chal- manded our attention. I think we also airports. These airports rely on AIP lenged the Republicans to defend their have to consider that smaller aircraft funding to make a number of upgrades actions. Their response? Dead silence. that were restricted for months fol- which now also include necessary, but Yesterday, President Bush and his lowing September 11 would also need costly, safety enhancements. In staff, at long last bowing to public de- attention of the Congress. Congress, I Worcester’s case, this bill could mean mand, implored House Republicans to think, should act, and I think it will the difference between receiving more take up and pass the child tax credit through this underlying legislation to than $1 million a year annually or passed by an overwhelming bipartisan help general aviation return to some $150,000. vote in the other body. That bill is tar- stability by providing compensation This is an important provision, and I geted, it is sensible, and very impor- for the hardships on their businesses. thank the Committee on Transpor- tantly, it is paid for by other offsets. The bill authorizes $100 million for tation and Infrastructure for its inclu- But the gentleman from Texas (Mr. these general aviators that were also sion. DELAY), the majority leader, still re- greatly affected by increased security If only the Committee on Rules and fuses to bring this bill to the floor. requirements. the leadership of this House could act Last week, the majority leader said H.R. 2115 is a good piece of legisla- in a bipartisan way, because although I there are more important priorities tion, Mr. Speaker. It is important to support the FAA bill, for the life of me than tax relief for low- and middle-in- the continued needs of the FAA, obvi- I cannot figure out why the Repub- come families, and yesterday he ously, and to the flying public. The un- licans will not let us consider the child brushed aside the White House request. derlying legislation was reported favor- tax credit. Instead, they are playing a game, ably out of the committee by voice For a second straight week, the lead- pushing a much larger tax cut that will vote. ership is playing a nasty game with cost over $80 billion. They are betting I take this opportunity to thank the millions of hardworking American that the other body will engage in a gentleman from Alaska (Mr. YOUNG), families. Two weeks ago, the President, long, protracted debate over the House the chairman, for his great leadership Vice President, and the Republican proposal because they know that the on this issue, as well as the gentleman leaders deliberately left 12 million fam- other body will not pass an $80 billion from Minnesota (Mr. OBERSTAR), the ilies, including hundreds of thousands tax cut that is not paid for, and they distinguished ranking member. of military families, out in the cold by are hoping that the whole issue will Due to the importance of the FAA’s deleting the child tax credit extension just go away. role in the security of the United from the recently passed tax cut. Mr. Speaker, it will not go away be- States, as well as in the economic well- We just fought a war in Iraq; we still cause, as we have said over and over, being of the United States, I urge my have soldiers fighting in Afghanistan. we will not let it go away up till the colleagues to support both the rule and And instead of a warm thank you, the Republican leadership in this House the underlying legislation. I think it is Republican leadership gives our troops does the right thing and fixes the mis- important that we move forward and the cold shoulder. The average base take that they made when they re- reauthorize the FAA, and we are doing pay of a serviceman in Iraq is about moved the child tax credit for millions that today. $16,000; but according to the Repub- of low-income and middle-income fami- Mr. Speaker, I reserve the balance of licans, that soldier’s family does not lies. my time. need any tax relief because they are So I say to the Republican leader- Mr. MCGOVERN. Mr. Speaker, I yield not subject to Federal income tax. ship, are you really that cynical, are myself 6 minutes. This is wrong. These families work you really so consumed by the thrill of (Mr. MCGOVERN asked and was hard and they pay taxes. They pay your own power that you refuse to do given permission to revise and extend sales taxes and payroll taxes and State the right thing? Why can you not sim- his remarks, and include extraneous taxes and local taxes and property ply admit that it was wrong to drop material.) taxes, most of which are going up be- these hardworking, tax-paying families Mr. MCGOVERN. Mr. Speaker, today cause of the policies of this administra- from the tax bill and fix your mistake? we consider the bipartisan FAA reau- tion; but according to the Republican The answer may lie in an article in thorization bill. The gentleman from leadership, giving them a small tax today’s Washington Post. According to Alaska (Mr. YOUNG), the gentleman credit would be welfare. How insulting. the article, the administration had no from Florida (Mr. MICA), the gentleman My colleagues want to talk about intention ever of implementing the from Minnesota (Mr. OBERSTAR), and welfare, well, let us do that. Enron paid child tax credit as approved by the the gentleman from Oregon (Mr. no income taxes at all in 4 of the past other body. Treasury officials assumed

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.024 H11PT1 H5192 CONGRESSIONAL RECORD — HOUSE June 11, 2003 in May, weeks before the House and ate child credit proposals would not become that are owed this child care tax cred- Senate met to work out the differences law, according to a Senate Democratic aide it, they have said, well, they are not in the two tax bills, that the child tax who met with Treasury officials. working or they are not working for credit would not become law; and now The American people are smart. They enough money. Hogwash. All work the White House claims to support it. can see through all the politics. They ought to be respected in this country I insert this article in the RECORD at want Congress to fix the child tax cred- whether one gets paid a million bucks this point. it, and they deserve action. a year or $12,500 a year, and there are [From the Washington Post, June 11, 2003] Mr. Speaker, the other body has al- a goodly number of Republicans who HOUSE GOP RESPONDS TO SENATE CHILD ready acted. We can solve this problem share that view. CREDIT BILL by taking up the bill right now. With I am here to call on my friends on $82 BILLION PLAN OFFERS BREAKS FOR MILITARY quick action, we can send this bill to the Republican side of the aisle who FAMILIES the President; and he can keep his share that view to come defeat this (By Juliet Eiperin) word and sign it by the end of this rule and bring up the Senate bill so For the second time in two weeks, House week. that we can pass a responsible bill that leaders are pushing a sizable tax cut bill, That is why, at the end of this debate does not bust the budget and create an- seizing the debate over expanded credits for on the rule, I will ask my colleagues to other $80 billion of debt for the very parents of minor children to propose several vote ‘‘no’’ on the previous question, kids subject to this child care tax cred- new, unrelated tax cuts. and should the previous question be de- it. House Republicans yesterday unveiled feated, I will bring up the Senate- their $82 billion plan, which features tax Mr. MCGOVERN. Mr. Speaker, I yield breaks for military families (and for the es- passed child tax credit so we can send 4 minutes to the gentlewoman from tates of astronauts who die on space shuttle it to the President immediately. Texas (Ms. JACKSON-LEE). missions). The proposal sets up a likely fight Mr. Speaker, I reserve the balance of Ms. JACKSON-LEE of Texas. Mr. with the Senate, which approved a more my time. Speaker, I thank the distinguished modest tax cut package last week. Mr. LINCOLN DIAZ-BALART of member of the Committee on Rules for For several days, Republicans have been Florida. Mr. Speaker, I reserve the bal- yielding the time to me; to the gen- trying to quell protests over the fact that ance of my time. tleman from Florida (Mr. LINCOLN the tax cut enacted last month excluded 6.5 Mr. MCGOVERN. Mr. Speaker, I yield DIAZ-BALART) for bringing forward a million poor families from receiving a credit 2 minutes to the gentleman from Wash- of as much as $1,000 per child. The Senate re- very forward-thinking legislative ini- acted swiftly, passing a $10 billion bill last ington (Mr. INSLEE). tiative, Flight 100—Century of Avia- week that would give the expanded child (Mr. INSLEE asked and was given tion Reauthorization Act; to the chair- credit (now $600) to families making from permission to revise and extend his re- man and ranking member of the full $10,500 to $26,625 a year. marks.) committee, the excellent work that House Republicans rejected that approach Mr. INSLEE. Mr. Speaker, this bill they have done; and the chairman and yesterday, saying they wanted a broader bill may be fine, but we need to defeat this that would extend the child credit and other ranking member of the subcommittee. question on the rule to get to the busi- They have truly brought forward a bill tax breaks through 2010. ness at hand, because the business at ‘‘We’ve not in the business of politics, but that raises and promotes the question rather in policy,’’ said Ways and Means hand is we want to free the goodly of security. Chairman Bill Thomas (R–Calif.), noting number of Republicans who want to As a member of the Select Com- that the expanded child tax credit phases out vote for a child care tax credit, but mittee on Homeland Security, this leg- in 2005 under the existing law. ‘‘If these peo- who are under the tyranny of a Repub- islation includes grant programs for ple need help between now and the election lican leadership who will not let them local airports. It also increases the [of 2004], they need it for the rest of the dec- do it. We need to free those 228 Repub- number of flights that we can utilize ade.’’ licans to exercise some of their con- House Majority Leader Tom DeLay (R– out of Reagan National, indicating Tex.) told reporters yesterday that passing a science because I believe there is a that we are secure and we are not bill dealing only with the child credit ‘‘ain’t goodly number of them who realize afraid, and prohibits a very important going to happen,’’ because GOP leaders pre- why we are right; and we are right be- aspect of a very important traffic con- fer a broader package that ‘‘provides tax re- cause it is indefensible to have decided troller from being privatized. lief, creates jobs and [helps] the economy to give these tax breaks to the wealthy I have met with my traffic control- grow.’’ and deny it to families as a child tax The House proposal would provide a $1,000 lers, particularly in Houston. The kind credit. of expertise that they have and the imper-child credit for families from Jan. 1, 2003, It is indefensible, and if my col- through 2010. The credit now begins to phase portance of their independence and out when married couples make $110,000 or leagues want to know why there has their relationship to the government in more. House GOP leaders would raise start of been such silence from this side of the our effort of security is crucial. It is the phaseout to $150,000. aisle defending this, it is because they imperative that we not privatize those Their plan also would help military fami- do not want to defend the indefensible. individuals. lies, giving them a tax break on home sales, It is not because of massive laryngitis As well, it is important that we have death benefits and dependent-care assist- on this side of the aisle. If my col- ance. It would suspend the tax-exempt status other security measures that are being leagues want to know why there have provided by this legislation. of designated terrorist organizations and been so few coming to this Chamber to provide income and estate tax relief for as- Let me make one quick point. I am tronauts who die on space shuttle missions, try to excuse this, it is because they do disappointed that the Gibbons amend- including those in the Columbia disaster. not want to try to excuse the inexcus- ment was not allowed in, the amend- The House is poised to pass the plan Thurs- able. ment that I supported, that raised the day. Its prospects in a conference with the I believe we should defeat this rule age of pilots to 65. Senate are unclear. The Senate bill’s costs and go to the business at hand, and we are offset by higher Customs Service fees, should have a goodly number of Repub- b 1145 adding nothing to the deficit. The House licans join us to do it; and here is why I think we are making a mistake by plan includes no such offsets, which could not having a vigorous debate on this cause problems with Senate Democrats and I think this is possible. It is possible some moderate Republicans. because there are a fair number of Re- question, particularly in light of the ‘‘I philosophically support the House Ways publicans who share two basic values fact that it is well known that we are and Means Committee proposal, ‘‘Senate Fi- with the Democrats on this side of the as a Federal Government opposed to nance Committee Chairman Charles E. aisle. Those values are work, number age discrimination. This is supported Grassley (R–Iowa) said yesterday, but ‘‘I one, and two, responsibility. by a number of members of the pilots don’t know if there are enough Senate votes We believe that work should be hon- union, meaning small groups or local to pass it.’’ ored; and when we have heard the few chapters, and it certainly is questioned Treasury officials informed Senate aides yesterday that the government will not be Republicans that have come to defend by the Black Pilots Association as to able to mail child credit checks to low-in- this indefensible position, they have the issue of discrimination. I think we come families for 8 to 10 weeks. Administra- not honored work because what they are making a mistake. I think it was a tion officials assumed in May that the Sen- have tried to say is that these people very effective amendment and I hope

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.025 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5193 we will have a time to address that million American families who were Mr. MCGOVERN. Mr. Speaker, I yield question. left out of the Republican tax bill, myself 2 minutes. Mr. Speaker, it is interesting that we 200,000 of those military families while Mr. Speaker, I want to highlight the are bringing this bill up, but yet we their spouse is at war. After the furor difference in philosophies here, and I have a difficulty in helping the chil- that erupted during the last 2 weeks think that my colleague on the Com- dren of America, particularly with over the Republicans’ secret elimi- mittee on Rules, the gentlewoman bringing to the floor a freestanding bill nation of the child tax credit for the from North Carolina, in Congress Daily that has now been passed by the Senate families of 12 million children, after said it best. Speaking for the Repub- since last week that provides for mini- the other body passed legislation to licans, she said: ‘‘We have a philo- mally $154 for 12 million children, or undo that wrong, late yesterday comes sophical difference. I look at it and families representing 12 million chil- word from this House that this House other Republican Study Committee dren in America. We understand that has finally decided to act. But instead members feel if we give people a tax America believes in its children, but of accepting a simple extending of this break that don’t pay taxes, it’s wel- we are not believing it by putting our tax cut to the taxpaying families who fare.’’ money where our mouth is. We only need it most, those who were left out of I profoundly disagree with her char- spend at this point between 1 and 2 per- the package, the Republicans use the acterization of these hardworking citi- cent of the GDP on our children. Yet opportunity to try to pass another zens who do pay taxes, they do pay today this House, the Republican lead- round of irresponsible tax cuts. payroll taxes and sales taxes and other ership, is fighting against passing a With the Thomas bill, what the Re- taxes, as somehow not contributing to freestanding tax credit for children, a publicans are doing is very simple. our tax base. As a prominent member refund to allow for 12 million children They are holding 12 million children of my party in the other body said, and hostage. As I said yesterday, for them, to be provided for and protected. let me quote her, We are talking about Under the tax cut plan passed in 2001, extending the child tax credit to low- 200,000 military families, hundreds of while most families with children re- wage families who earn between $10,500 firefighters and teachers and other ceive the child tax credit, nearly 10 and $26,625 is simply part of a deal. hardworking Americans. I don’t think They would use these 12 million chil- million low-income children receive of them or view them as welfare recipi- dren as a bargaining chip in their nothing and another roughly 10 million ents. I don’t think that they think of never-ending quest to cut taxes for children did not receive a full child tax themselves that way. These are tax- only the wealthiest Americans. credit. It seems ridiculous that this But that is not what providing tax payers. These are essential people in House can find its way to pass a num- relief to these 6.5 million families our communities, those who are pro- ber of suspension bills between this should be about. Helping these families tecting us from fire and from criminal week and the end of the week. We did is a matter of fairness, equity and eco- activity, those who are teaching our find it to move forward on this FAA nomic justice. They work hard. They children, those who are stationed legislation which is a positive step. But pay nearly 8 percent of their incomes abroad and protecting our very free- when the Senate moved quickly last in payroll taxes and in sales taxes. Yes, doms. They are hardworking families week to pass the child tax credit re- they pay taxes, unlike Enron which the who pay sales tax, both State and fund, it does not seem to make any last 4 out of 5 years paid no taxes to local. They have payroll taxes that sense that we cannot support the Ran- this government, or those companies come out of their checks. gel-DeLauro bill or, in this instance, who go offshore for the direct purpose Mr. Speaker, this is what this debate the freestanding Senate bill that sim- of paying no taxes and yet they are in is about, whether or not these people ply provides the children of America of line for very, very big tax cuts. deserve to benefit from this tax cut those making $10,000 to $26,000, working As the White House said without that was passed only a few weeks ago families, a tax credit refund. But we equivocation the other day, the House in this House or whether or not they can provide, it seems, a number of our of Representatives needs to right this should be excluded. Those on our side families, 190,000 families in America, wrong. It needs to do so without com- of the aisle and a lot of moderate Re- we can give them a $93,000 check. plication, and it needs to do so imme- publicans in the other body believe Mr. Speaker, it is a shame that we diately without holding hostage 12 mil- that these people should not have been would bog down the tax bill and give lion children. That is the right thing to deleted from the tax bill. all but the kitchen sink so that we do. This is why we were elected to this Mr. Speaker, I yield 4 minutes to the know it will go to conference and takes job. This issue is such a violation of all gentleman from New Jersey (Mr. ages and eons and months and weeks, that we hold dear and believe. This PALLONE). but we cannot pass a freestanding bill. issue is not about partisan politics. Mr. PALLONE. Mr. Speaker, I want I hope that we will come to our senses This is about what we hold dear, what to thank my good colleague from Mas- and pass a freestanding bill and work the values of each and every one of us sachusetts for yielding me this time. on behalf of America’s working fami- who serves in this body is about. It is It is amazing to me. The Democrats lies and children of America. about our individual character. It is have been talking about the need to Mr. MCGOVERN. Mr. Speaker, I yield also about our national character. provide this child tax credit to the 12 4 minutes to the gentlewoman from The people of the United States of million children who are in working Connecticut (Ms. DELAURO). America believe that there has been a families now for at least a week and we Ms. DELAURO. Mr. Speaker, I rise to violation here of folks who are hard- were very gratified to see that the speak on this rule. This bill reauthor- working people, who pay their taxes, other body, the Senate, on a bipartisan izes $58.9 billion over 4 years for the ac- who were told and were supposed to basis passed a very carefully tailored tivities of the Federal Aviation Admin- have been signed into law that they bill that would cost, I guess, $3.5 billion istration, including the grant program were going to get a tax credit for their and that would essentially put the fam- to local airports. It also increases the children, pulled out in the dead of ilies of these children, the working number of flights at Washington’s night, money stolen from them. It is an families, back into eligibility for this Reagan National Airport, prohibits air immoral act and we have the moral ob- increased tax credit. What happens traffic controllers from being ligation in this body to move quickly when this bill comes over here to the privatized and allows airports to use to what the Senate did, not with any House? Our House Republican leader- some of their Federal grant resources bargaining chip to hold these 12 million ship, which as we know has repeatedly to install explosive detection systems children hostage, or their families, but said that they are not in favor of this, for checked luggage. to do what the President has asked, the gentleman from Texas (Mr. DELAY) Funding our aviation infrastructure without equivocation, do what the Sen- was quoted many times last week as is an important component of ensuring ate did, do it without complication, do saying it was not important and that the safety of the American public. But it immediately. Let us right this he was not going to do it unless it was I would like to talk about another wrong. Let us give these families what part of a larger tax break giveaway. issue of great importance, and that is they rightfully have earned. Twelve That is what we are hearing now. The extending the child tax credit to the 6.5 million children are waiting. House Republicans are saying and the

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.046 H11PT1 H5194 CONGRESSIONAL RECORD — HOUSE June 11, 2003 gentleman from California (Mr. THOM- the cost of the $3.5 billion, just for Mr. Speaker, in case some colleagues AS) and the Committee on Ways and those 12 million children that were left are perhaps listening to the debate on Means have said that they are only out, and with the pay-fors that were in television in their offices, we have willing to provide this tax credit to it so that it is acceptable to everyone. brought forth the rule to consider the these 12 million children if we increase That is the way this should be done. aviation reauthorization bill, the reau- the amount of money greatly, go fur- Simply take up the other body’s bill thorization of the Federal Aviation Ad- ther into debt and add on a number of and pass it and not load it down with ministration. other things for wealthier families. It all these other problems. We have The Federal Aviation Administration simply is not right because what effec- about 24 hours to try to convince and is of extreme importance to the safety tively the Republicans in the House are get the votes for that. It is not going to of not only the flying public in the doing is killing this proposal. be easy, but we are going to make sure United States, but really to the econ- If the bill that passed the Senate as Democrats that we do that so that omy of the United States. One of the came over here and we simply took it we have a good bill that will pass. pillars of the economy of the United up and passed it, it would become law Mr. MCGOVERN. Mr. Speaker, I yield States is precisely the superb system of 1 and the 12 million children would get myself 2 ⁄2 minutes. aviation that we have. the tax break. They would get the Mr. Speaker, just to make clear the But that does not happen by chance. money going out sometime after July point that this is not a partisan issue We have an obligation to fund and re- 1. And now because of the House Re- throughout the country. Unfortunately authorize the Federal Aviation Admin- it has become a partisan issue here in publican action here to expand this and istration, and this legislation that we the House of Representatives, but I try to help wealthier families and indi- are attempting to get to today with want to refer to two quotes from some viduals, it is very likely that this this rule not only does that, but deals distinguished Members of the other whole bill is killed and that the Senate with a number of very important col- body. One, a senior Republican from action will not accomplish what it the other body representing the State lateral issues in the area of aviation. So, again, to be clear with regard to should accomplish. of Iowa, when asked about this subject I blame directly the House Repub- said, What’s going to make them, what we are attempting to do today, lican leadership. They were not in meaning the House Republicans, accept what the Committee on Rules has favor of this from the beginning. They it is whether or not they want this done, we have passed a rule to bring to did not include it in their tax bill in group of people, particularly people in the floor legislation to reauthorize the the beginning, they said they were op- the military who are sacrificing their Federal Aviation Administration in the posed to it, and now they are putting freedom for our freedom, to get the context of very important legislation up more hurdles and roadblocks to it. same benefit everybody else is going to entitled Flight 100—Century of Avia- They are also saying they are not get who has children in their family. tion Reauthorization Act. That is what going to pay for it. What is really unfortunate is that by we are discussing today. In the Senate, Senator BLANCHE LIN- the inaction of the leadership in this Mr. Speaker, I reserve the balance of COLN had put in specific pay-fors, in- House, it appears that the Republicans my time. creases in customs duties to make sure in the House do not want to help these Mr. MCGOVERN. Mr. Speaker, I yield that this would not do anything to in- military families and their children. myself 11⁄2 minutes. crease the debt which we understand is Mr. Speaker, I agree with the gen- like $400 billion now. And what do the b 1200 tleman that the underlying bill that we House Republicans do in the leadership Another prominent Republican in the are considering here today is impor- here? They eliminate the pay-fors and other body from the State of Maine tant. Aviation and the safety of our they increase the funding to pay for said the base pay of a first year soldier skies and the strength of our airports, higher-income individuals, holding is $16,000. Paramedics make an average all that is very, very important. these children and their families essen- of $22,000, and home health aides make We are also trying to do here, so if tially hostage to a tax break for an average of $18,500 per year. These anybody is listening they will under- wealthier individuals, and they refuse people are a critical part of our infra- stand, we are also trying to be able to, to pay for it. They basically come up structure, and they deserve tax relief in addition to helping the aviation in- with a bill that is about 80 or $82 bil- too. dustry and helping our airports and lion that is all debt and not paid for at I could not agree more. People on helping protect our airports, we are all. I cynically say the reason they are this side of the aisle could not agree also trying to help protect a lot of more. We have been fighting during doing it is because they want to kill American families, 12 million families, these last several weeks to try to put the bill. They do not want these 12 mil- to be exact, some of them military back in the bill what the Republican lion children to get the tax break, families where servicemen and service- leadership in the House removed from these working families to get the tax women are serving our country in Iraq. the bill in the dead of night, specifi- We want to make sure that they can break. They just want to kill the bill. cally this child tax credit for low-in- benefit from the child tax credit. They were always against the bill. come workers, precisely because we un- We cannot seem to get the leadership Through this action they will kill the derstand the plight of these workers, of this House to allow us to be able to bill if it passes in that way, and they and when we go back to our districts are totally responsible for that. we hear from them when they say, you vote on this issue, up or down. We are You have to understand the way this know, if you are going to give tax relief trying to advocate for millions of fami- place works, and this is the sad part to people, we need it more than Donald lies in this country who not only need about it. It is very easy for the House Trump does, so why are you not help- help, who deserve help. Republican leadership to simply take ing us? So part of what we are doing on this something good that the other body did Again, there are prominent Members bill and what we have been doing on on a bipartisan basis and kill it by add- of the other body representing the Re- previous bills is to try to highlight this ing all these additional tax breaks for publican Party who get it, who are issue, helping to persuade, and, if not wealthier families and at the same fighting to try to fix this problem right persuade, maybe shame you into doing time eliminating the pay-fors, so it is now; and yet here in this Chamber, in the right thing. now being paid for out of debt which this House of Representatives, the I guess I will ask the question that will cause so much problem for the leadership continues to try to find the distinguished minority whip asked other body that they will never take up ways to deny these hard-working, tax- last week during this debate. Why is it the bill, it will never get the 50 or the paying individuals, these families the that we cannot get a vote up or down 60 votes that are necessary in the Sen- benefit that they rightly deserve. to reinsert the child tax credit that ate to pass the bill. Mr. Speaker, I reserve the balance of your leadership removed in the middle We have to do whatever we can over my time. of the night? the next 24 hours, because this is likely Mr. LINCOLN DIAZ-BALART of Mr. LINCOLN DIAZ-BALART of to come up tomorrow, to try to force Florida. Mr. Speaker, I yield myself Florida. Mr. Speaker, I reserve the bal- the original Senate bill to pass just at such time as I may consume. ance of my time.

VerDate Jan 31 2003 00:10 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.028 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5195 Mr. MCGOVERN. Mr. Speaker, I yield The President’s press secretary, Ari science who may have been watching 2 minutes to the distinguished gentle- Fleischer, said this week that ‘‘the this debate will have confirmed today woman from Connecticut (Ms. President thinks at its core what the that there is certainly no rule requir- DELAURO). Senate has done is the right thing to ing germaneness in debate in the House Ms. DELAURO. Mr. Speaker, I thank do, a good thing to do, and he wants to of Representatives, the issue that we the gentleman for yielding me time. sign it.’’ I think we should give the have brought to the floor today, that Mr. Speaker, I think the gentleman President an opportunity to do just the Committee on Rules passed a rule from Massachusetts has laid out the that. in order to be able to do so, we did so case very effectively. The underlying H.R. 1308, as amended by the Senate, yesterday, is the reauthorization of the bill here is critically important. The will provide immediate tax relief to Federal Aviation Administration. underlying bill also deals with airport America’s hard-working families, in In order to reauthorize the Federal workers whose interests are tied up contrast to the Republican/Bush tax Aviation Administration, the relevant with the child tax credit issue, as well, bill. That bill does next to nothing to committees worked long and hard on a and the importance of doing what we help those low- and moderate-income very important piece of aviation legis- said we were going to do. Americans who need relief the most. In lation which we bring to the floor It is not a question of bargaining for fact, in a late night negotiating session today. It is H.R. 2115, the Flight 100— putting back what was rightfully the behind closed doors, the Republican Century of Aviation Reauthorization child tax credit to these 6.5 million leadership deleted the one provision Act. So that is what we are doing. Now, since there is obviously no ger- families, to these 12 million children. that would have helped these Ameri- maneness requirement with regard to That is the only issue that we were try- cans, the refundable child tax credit. debate, our colleagues on the other side ing to address, very simply. It seems to When it came to a choice of helping me that what the Senate did is per- of the aisle have talked about other their rich contributors or Americans issues, and they are certainly welcome fectly acceptable and it can be done. struggling to make a living, they chose And I asked the question last week of to do so. The semantic of the day had the rich. They stripped out this tax to do with the word ‘‘tax.’’ the majority leader as well, will you break that would have helped the fami- We are very proud of our record since accept the Senate language if it comes lies of 8 million children whose parents we were honored by the American peo- over here? The Senate language is here. serve in the military or are veterans. ple with the majority in this Chamber We can do this, we can move quickly, H.R. 1308, the bill amended and with regard to the issue of taxes. I re- and we can do it without holding hos- passed last week in the other body and member in my first term here, Mr. tage 12 million children. It is just not sent back here, will give immediate Speaker, as a freshman Member, we quid pro quo. It is not, as I said earlier, help to working families by providing were still in the minority and our for political advantage. It is about the child tax credit to 6.5 million low- friends on the other side of the aisle doing what is the right thing. That is income working families and nearly 12 controlled the agenda, they were the all we are asking. million additional children. These fam- majority, being faced with one of the The President has said, do it. Take ilies would receive an average annual largest tax increases in the history of the Senate language; make it happen. increase of $150 per child. this country. We on this side of the When people of well-meaning in every It will also help families of soldiers aisle opposed that tax increase, and our part of the government, whether it is in combat in Iraq by extending the friends on the other side of the aisle the House, the other body, the execu- child tax credit to many of them. It pushed very hard, and at that time tive branch, want to come together to was suggested by some on the other they had a Member of their party in try to address these 12 million chil- side of the aisle that this break for our the White House, to impose that record dren, these 6.5 million families, who brave men and women in the military tax increase on the American people. pay taxes, it would just seem to me was nothing more than welfare. Well, I Every time we have been able to that we could do it quickly in this body strongly disagree. since we were given the majority by without any hesitation. I ask for a ‘‘no’’ vote on the previous the American people, we have tried to What we want to do is be able to pro- question. do the opposite. We have tried to lessen vide the opportunity for these people Mr. Speaker, I include the following the tax burden on the American people, to get the same benefit 25 million other for the RECORD. and we are very proud of that. people are going to get on July 1. Why PREVIOUS QUESTION FOR H. RES. 265—RULES So with regard to when it is germane should they not be the beneficiaries of ON H.R. 2115 FLIGHT 100—CENTURY OF AVIA- to the debate on taxes, we are ex- a tax cut to allow them to put food on TION REAUTHORIZATION ACT tremely proud of our record. That de- their table? It is easy. Let us get it At the end of the resolution add the fol- bate will continue, and I think it is a done, and let us just try to take aside lowing: fundamental difference between the all of the extraneous matter. ‘‘SEC. 2. Immediately upon adoption of this parties. We believe in and have every ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE resolution the House shall be considered to time we have been able to reduce the The SPEAKER pro tempore (Mr. have taken from the Speaker’s table the bill tax burden on the American people. (H.R. 1308) to amend the Internal Revenue LAHOOD). Members should refrain from But today the debate that we bring Code of 1986 to end certain abusive tax prac- forward, the legislation that we bring making improper references to the tices, to provide tax relief and simplifica- Senate. forward, is the important reauthorization, and for other purposes, with Senate tion of the Federal Aviation Adminis- Mr. MCGOVERN. Mr. Speaker, I yield amendments thereto, and a single motion myself the balance of my time to close that the House concur in each of the Senate tration. We believe, Mr. Speaker, that for our side. amendments shall be considered as pending because of the importance of the Fed- Mr. Speaker, I will ask for a vote on without intervention of any point of order. eral Aviation Administration, not only the previous question. If the previous The Senate amendments and the motion to the flying public and to the aviation question is defeated, I will offer an shall be considered as read. The motion shall industry in this country, but to the be debatable for one hour equally divided and economy of the United States, as well amendment to the rule. My amend- controlled by the chairman and ranking mi- ment will provide that as soon as the as to our national security, that we nority member of the Committee on Ways should move forward and reauthorize House passes this rule it will take from and Means. The previous question shall be that very important Federal agency, as the Speaker’s table and immediately considered as ordered on the motion to final well as effectuate the other important consider the Senate-passed version of adoption without intervening motion or de- programs and initiatives that are in- H.R. 1308, which restores the refund- mand for division of the question.’’ cluded in this very significant piece of able child tax credit that was removed Mr. LINCOLN DIAZ-BALART of legislation. from the recently passed Republican Florida. Mr. Speaker, I yield myself tax bill. This way we can send that bill such time as I may consume. b 1215 immediately to the President’s desk Mr. Speaker, again, in case somebody With that in mind, I remind our col- for his signature and start helping would like to determine what we have leagues what we are doing, the reau- America’s low- and modest-income brought to the floor today, because ob- thorization of the Federal Aviation Ad- families right away, right this second. viously any students of political ministration.

VerDate Jan 31 2003 00:58 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.029 H11PT1 H5196 CONGRESSIONAL RECORD — HOUSE June 11, 2003 Ms. WATERS. Mr. Speaker, I rise to oppose Buyer Hostettler Platts Levin Napolitano Scott (VA) Calvert Houghton Pombo Lewis (GA) Neal (MA) Serrano this rule, which does not allow consideration of Camp Hulshof Porter Lipinski Oberstar Sherman several Democratic amendments. I submitted Cannon Hunter Portman Lofgren Obey Skelton two amendments regarding Los Angeles Inter- Cantor Hyde Pryce (OH) Lowey Olver Slaughter national Airport (LAX), which is in my district, Capito Isakson Putnam Lucas (KY) Ortiz Snyder Carter Issa Lynch Owens Solis and neither was made in order. Quinn Castle Istook Radanovich Majette Pallone Stark The operator of LAX is proposing a major Chabot Janklow Ramstad Maloney Pascrell Stenholm expansion project that would include the con- Chocola Jenkins Regula Markey Pastor Strickland Marshall Payne Coble Johnson (CT) Rehberg Stupak struction of a remote passenger check-in facil- Matheson Pelosi Tanner Cole Johnson (IL) Renzi ity that would force all passengers to check-in Collins Johnson, Sam Matsui Peterson (MN) Tauscher Reynolds Cox Jones (NC) McCarthy (MO) Pomeroy Taylor (MS) and leave their baggage in the same location. Rogers (AL) Crenshaw Keller McCarthy (NY) Price (NC) Thompson (CA) This project could cost an estimated $9 to $10 Rogers (KY) Culberson Kelly McCollum Rahall Thompson (MS) billion. Supporters of this controversial project Cunningham Kennedy (MN) Rogers (MI) McDermott Rangel Tierney claim that it is necessary to protect public Davis, Jo Ann King (IA) Rohrabacher McGovern Reyes Towns safety. Yet a RAND Corporation study con- Davis, Tom King (NY) Ros-Lehtinen McIntyre Rodriguez Turner (TX) Deal (GA) Kingston Royce McNulty Ross Udall (CO) cluded that this project will not improve public DeLay Kline Ryan (WI) Meek (FL) Rothman Udall (NM) safety and could increase the likelihood of a DeMint Knollenberg Ryun (KS) Meeks (NY) Roybal-Allard Van Hollen terrorist attack by concentrating large number Diaz-Balart, L. Kolbe Saxton Menendez Ruppersberger Velazquez of people at the check-in facility. Diaz-Balart, M. LaHood Schrock Michaud Ryan (OH) Visclosky Doolittle Latham Sensenbrenner Millender- Sabo Waters I submitted an amendment to require the Dreier LaTourette Shadegg McDonald Sanchez, Linda Watson Secretary of Homeland Security to review the Duncan Leach Shaw Miller (NC) T. Watt proposed remote passenger check-in facility Dunn Lewis (CA) Shays Miller, George Sanchez, Loretta Waxman Ehlers Lewis (KY) Sherwood Mollohan Sanders Weiner and determine whether it would, in fact, pro- Emerson Linder Shuster Moore Sandlin Wexler tect public safety. My amendment would have English LoBiondo Simmons Moran (VA) Schakowsky Woolsey prohibited the construction of this project un- Everett Lucas (OK) Simpson Murtha Schiff Wu less the Secretary of Homeland Security con- Feeney Manzullo Smith (MI) Nadler Scott (GA) Wynn Ferguson McCotter Smith (NJ) NOT VOTING—20 cluded that it would protect the safety of air Flake McCrery Smith (TX) passengers and the general public. I also sub- Fletcher McHugh Souder Biggert Fossella Rush mitted an amendment to ensure that taxpayer Foley McInnis Stearns Crane Gallegly Sessions funds are not wasted on dubious LAX expan- Forbes McKeon Sullivan Cubin Gephardt Shimkus Franks (AZ) Mica Sweeney Davis (IL) Gutierrez Smith (WA) sion projects like this one. Frelinghuysen Miller (FL) Tancredo Deutsch Kirk Spratt I urge my colleagues to reject this rule and Garrett (NJ) Miller (MI) Tauzin Emanuel Larson (CT) Weldon (PA) allow me to offer my amendments to protect Gerlach Miller, Gary Taylor (NC) Eshoo Meehan Gibbons Moran (KS) Terry the American people from both threats to pub- Gilchrest Murphy ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Thomas Gillmor Musgrave lic safety and unnecessary and expansion air- Thornberry The SPEAKER pro tempore (Mr. Gingrey Myrick port construction projects. Tiahrt LAHOOD) (during the vote). Members Goode Nethercutt Tiberi Mr. LINCOLN DIAZ-BALART of Goodlatte Neugebauer are advised that there are 2 minutes re- Florida. Mr. Speaker, I yield back the Goss Ney Toomey maining in the vote. Granger Northup Turner (OH) balance of my time and I move the pre- Upton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE vious question on the resolution. Graves Norwood Green (WI) Nunes Vitter The SPEAKER pro tempore (Mr. Walden (OR) The SPEAKER pro tempore (Mr. Greenwood Nussle LAHOOD) (during the vote). There are 10 Walsh LAHOOD). The question is on ordering Gutknecht Osborne Members stuck in an elevator in Ray- the previous question. Harris Ose Wamp Hart Otter Weldon (FL) burn. We are waiting for them. The question was taken; and the Hastings (WA) Oxley Weller Speaker pro tempore announced that Hayes Paul Whitfield b 1305 the ayes appeared to have it. Hayworth Pearce Wicker Hefley Pence Wilson (NM) Mr. MCGOVERN. Mr. Speaker, I ob- Mr. HINOJOSA and Mr. DICKS Hensarling Peterson (PA) Wilson (SC) changed their vote from ‘‘yea’’ to ject to the vote on the ground that a Herger Petri Wolf quorum is not present and make the Hobson Pickering Young (AK) ‘‘nay.’’ point of order that a quorum is not Hoekstra Pitts Young (FL) So the previous question was ordered. The result of the vote was announced present. NAYS—195 The SPEAKER pro tempore. Evi- as above recorded. Abercrombie Cooper Harman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE dently a quorum is not present. Ackerman Costello Hastings (FL) The Sergeant at Arms will notify ab- Alexander Cramer Hill The SPEAKER pro tempore (Mr. sent Members. Allen Crowley Hinchey LAHOOD). Pursuant to clauses 8 and 9 of Pursuant to clauses 8 and 9 of rule Andrews Cummings Hinojosa rule XX, the remainder of this series Baca Davis (AL) Hoeffel XX, this 15-minute vote on ordering Baird Davis (CA) Holden will be conducted as 5-minute votes. the previous question will be followed Baldwin Davis (FL) Holt The question is on the resolution. by 5-minute votes on adopting House Ballance Davis (TN) Honda The question was taken; and the Becerra DeFazio Hooley (OR) Resolution 265, if ordered; and on the Bell DeGette Hoyer Speaker pro tempore announced that three motions to suspend the rules pre- Berkley Delahunt Inslee the ayes appeared to have it. viously postponed, in the following Berman DeLauro Israel RECORDED VOTE order: H. Con. Res. 110; H.R. 1320; and Berry Dicks Jackson (IL) Bishop (GA) Dingell Jackson-Lee Mr. MCGOVERN. Mr. Speaker, I de- H.R. 2350. Bishop (NY) Doggett (TX) mand a recorded vote. The vote was taken by electronic de- Blumenauer Dooley (CA) Jefferson A recorded vote was ordered. vice, and there were—yeas 219, nays Boswell Doyle John Boucher Edwards Johnson, E. B. The SPEAKER pro tempore. This 195, not voting 20, as follows: Boyd Engel Jones (OH) will be a 5-minute vote. [Roll No. 257] Brady (PA) Etheridge Kanjorski The vote was taken by electronic de- Brown (OH) Evans Kaptur vice, and there were—ayes 370, noes 43, YEAS—219 Brown, Corrine Farr Kennedy (RI) Aderholt Bereuter Boozman Capps Fattah Kildee not voting 21, as follows: Akin Bilirakis Bradley (NH) Capuano Filner Kilpatrick [Roll No. 258] Bachus Bishop (UT) Brady (TX) Cardin Ford Kind Baker Blackburn Brown (SC) Cardoza Frank (MA) Kleczka AYES—370 Ballenger Blunt Brown-Waite, Carson (IN) Frost Kucinich Abercrombie Baca Ballenger Barrett (SC) Boehlert Ginny Carson (OK) Gonzalez Lampson Ackerman Bachus Barrett (SC) Bartlett (MD) Boehner Burgess Case Gordon Langevin Aderholt Baird Bartlett (MD) Barton (TX) Bonilla Burns Clay Green (TX) Lantos Akin Baker Barton (TX) Bass Bonner Burr Clyburn Grijalva Larsen (WA) Alexander Baldwin Bass Beauprez Bono Burton (IN) Conyers Hall Lee Allen Ballance Beauprez

VerDate Jan 31 2003 00:58 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.030 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5197 Bereuter Foley Markey Shaw Sullivan Velazquez Baird Dunn Knollenberg Berkley Forbes Marshall Shays Sweeney Visclosky Baker Edwards Kolbe Berman Frank (MA) Matheson Sherman Tancredo Vitter Baldwin Ehlers Kucinich Berry Franks (AZ) McCarthy (MO) Sherwood Tanner Walden (OR) Ballance Emerson LaHood Bilirakis Frost McCarthy (NY) Shimkus Tauscher Walsh Ballenger Engel Lampson Bishop (GA) Garrett (NJ) McCotter Shuster Tauzin Wamp Barrett (SC) English Langevin Bishop (NY) Gerlach McCrery Simmons Taylor (MS) Weiner Bartlett (MD) Etheridge Lantos Bishop (UT) Gibbons McHugh Simpson Taylor (NC) Weldon (PA) Barton (TX) Evans Larsen (WA) Skelton Terry Blackburn Gilchrest McInnis Weller Bass Everett Latham Smith (MI) Thomas Blumenauer Gillmor McIntyre Whitfield Beauprez Fattah LaTourette Blunt Gingrey McKeon Smith (NJ) Thompson (CA) Becerra Feeney Leach Wicker Boehlert Gonzalez McNulty Smith (TX) Thornberry Bell Ferguson Lee Wilson (NM) Boehner Goode Meeks (NY) Snyder Tiahrt Bereuter Filner Levin Wilson (SC) Bonilla Goodlatte Menendez Solis Tiberi Berkley Flake Lewis (CA) Wolf Bonner Gordon Mica Souder Toomey Berman Fletcher Lewis (GA) Bono Goss Michaud Stark Turner (OH) Wu Berry Foley Lewis (KY) Boozman Granger Millender- Stearns Turner (TX) Wynn Bilirakis Forbes Linder Boswell Graves McDonald Stenholm Udall (CO) Young (AK) Bishop (GA) Ford Lipinski Boucher Green (TX) Miller (FL) Strickland Udall (NM) Young (FL) Bishop (NY) Frank (MA) LoBiondo Boyd Green (WI) Miller (MI) Stupak Upton Bishop (UT) Franks (AZ) Lofgren Bradley (NH) Greenwood Miller (NC) NOES—43 Blackburn Frelinghuysen Lowey Brady (PA) Grijalva Miller, Gary Blumenauer Frost Lucas (KY) Brady (TX) Gutknecht Mollohan Andrews Lee Sabo Blunt Garrett (NJ) Lucas (OK) Brown (OH) Hall Moore Becerra Lewis (GA) Sandlin Boehlert Gerlach Lynch Brown (SC) Harman Moran (KS) Bell Lofgren Schiff Boehner Gibbons Majette Brown, Corrine Harris Murphy Conyers Matsui Slaughter Bonilla Gilchrest Maloney Brown-Waite, Hart Murtha Doggett McCollum Thompson (MS) Bonner Gillmor Manzullo Ginny Hastings (FL) Musgrave Evans McDermott Tierney Bono Gingrey Markey Burgess Hastings (WA) Myrick Farr McGovern Towns Boozman Gonzalez Marshall Burns Hayes Nadler Ford Meek (FL) Van Hollen Boswell Goode Matheson Hinchey Miller, George Burr Hayworth Napolitano Waters Boucher Goodlatte Matsui Jackson (IL) Moran (VA) Burton (IN) Hefley Neal (MA) Watson Boyd Gordon McCarthy (MO) Jackson-Lee Obey Buyer Hensarling Neugebauer Watt Bradley (NH) Goss McCarthy (NY) (TX) Olver Calvert Herger Ney Waxman Brady (PA) Granger McCollum Camp Hill Northup Kildee Owens Brady (TX) Graves McCotter Kilpatrick Rangel Wexler Cannon Hinojosa Norwood Woolsey Brown (OH) Green (TX) McCrery Cantor Hobson Nunes Kucinich Rothman Brown (SC) Green (WI) McDermott Capito Hoeffel Nussle NOT VOTING—21 Brown, Corrine Greenwood McGovern Capps Hoekstra Oberstar Brown-Waite, Grijalva McHugh Capuano Holden Ortiz Biggert Fossella Meehan Ginny Gutknecht McInnis Cardin Holt Osborne Crane Frelinghuysen Nethercutt Burgess Hall McIntyre Cardoza Honda Ose Cubin Gallegly Rush Burns Harman McKeon Carson (IN) Hooley (OR) Otter Davis (IL) Gephardt Sessions Burr Harris McNulty Carson (OK) Hostettler Oxley Deutsch Gutierrez Smith (WA) Burton (IN) Hart Meek (FL) Carter Houghton Pallone Emanuel Kirk Spratt Buyer Hastings (FL) Meeks (NY) Case Hoyer Pascrell Eshoo Larson (CT) Weldon (FL) Calvert Hastings (WA) Menendez Castle Hulshof Pastor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Camp Hayes Mica Chabot Hunter Paul Cannon Hayworth Michaud Chocola Hyde Payne The SPEAKER pro tempore (during Cantor Hefley Millender- Clay Inslee Pearce the vote). Members are advised 2 min- Capito Hensarling McDonald Clyburn Isakson Pelosi utes remain in this vote. Capps Herger Miller (FL) Coble Israel Pence Capuano Hill Miller (MI) Cole Issa Peterson (MN) b 1313 Cardin Hinchey Miller (NC) Collins Istook Peterson (PA) Cardoza Hinojosa Miller, Gary Cooper Janklow Petri So the resolution was agreed to. Carson (IN) Hobson Miller, George Costello Jefferson Pickering The result of the vote was announced Carson (OK) Hoeffel Mollohan Cox Jenkins Pitts Carter Hoekstra Moore Cramer John Platts as above recorded. Case Holden Moran (KS) Crenshaw Johnson (CT) Pombo A motion to reconsider was laid on Castle Holt Moran (VA) Crowley Johnson (IL) Pomeroy the table. Chabot Honda Murphy Culberson Johnson, E. B. Porter Chocola Hooley (OR) Murtha Cummings Johnson, Sam Portman f Clay Hostettler Musgrave Cunningham Jones (NC) Price (NC) Clyburn Houghton Myrick Davis (AL) Jones (OH) Pryce (OH) RECOGNIZING SCIENTIFIC SIGNIFI- Coble Hoyer Nadler Davis (CA) Kanjorski Putnam CANCE OF SEQUENCING OF Cole Hulshof Napolitano Davis (FL) Kaptur Quinn Collins Hunter Neal (MA) Davis (TN) Keller Radanovich HUMAN GENOME AND EXPRESS- Conyers Hyde Nethercutt Davis, Jo Ann Kelly Rahall ING SUPPORT FOR GOALS AND Cooper Inslee Neugebauer Davis, Tom Kennedy (MN) Ramstad IDEALS OF HUMAN GENOME Costello Isakson Ney Deal (GA) Kennedy (RI) Regula MONTH AND DNA DAY Cox Israel Northup DeFazio Kind Rehberg Cramer Issa Norwood DeGette King (IA) Renzi The SPEAKER pro tempore. The un- Crenshaw Istook Nunes Delahunt King (NY) Reyes finished business is the question of sus- Crowley Jackson (IL) Nussle DeLauro Kingston Reynolds Culberson Jackson-Lee Oberstar DeLay Kleczka Rodriguez pending the rules and agreeing to the Cummings (TX) Obey DeMint Kline Rogers (AL) concurrent resolution, H. Con. Res. 110. Cunningham Janklow Olver Diaz-Balart, L. Knollenberg Rogers (KY) The Clerk read the title of the con- Davis (AL) Jefferson Ortiz Diaz-Balart, M. Kolbe Rogers (MI) Davis (CA) Jenkins Osborne Dicks LaHood Rohrabacher current resolution. Davis (FL) John Ose Dingell Lampson Ros-Lehtinen The SPEAKER pro tempore. The Davis (TN) Johnson (CT) Otter Dooley (CA) Langevin Ross question is on the motion offered by Davis, Jo Ann Johnson (IL) Owens Doolittle Lantos Roybal-Allard the gentleman from Florida (Mr. BILI- Davis, Tom Johnson, E. B. Oxley Doyle Larsen (WA) Royce Deal (GA) Johnson, Sam Pallone Dreier Latham Ruppersberger RAKIS) that the House suspend the rules DeFazio Jones (NC) Pascrell Duncan LaTourette Ryan (OH) and agree to the concurrent resolution, DeGette Jones (OH) Pastor Dunn Leach Ryan (WI) H. Con. Res. 110, on which the yeas and Delahunt Kanjorski Paul Edwards Levin Ryun (KS) DeLauro Kaptur Payne Ehlers Lewis (CA) Sanchez, Linda nays are ordered. DeLay Keller Pearce Emerson Lewis (KY) T. This will be a 5-minute vote. DeMint Kelly Pelosi Engel Linder Sanchez, Loretta The vote was taken by electronic de- Diaz-Balart, L. Kennedy (MN) Pence English Lipinski Sanders vice, and there were—yeas 414, nays 0, Diaz-Balart, M. Kennedy (RI) Peterson (MN) Etheridge LoBiondo Saxton Dicks Kildee Peterson (PA) Everett Lowey Schakowsky not voting 20, as follows: Dingell Kilpatrick Petri Fattah Lucas (KY) Schrock [Roll No. 259] Doggett Kind Pickering Feeney Lucas (OK) Scott (GA) Dooley (CA) King (IA) Pitts Ferguson Lynch Scott (VA) YEAS—414 Doolittle King (NY) Platts Filner Majette Sensenbrenner Abercrombie Akin Andrews Doyle Kingston Pombo Flake Maloney Serrano Ackerman Alexander Baca Dreier Kleczka Pomeroy Fletcher Manzullo Shadegg Aderholt Allen Bachus Duncan Kline Porter

VerDate Jan 31 2003 00:58 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.018 H11PT1 H5198 CONGRESSIONAL RECORD — HOUSE June 11, 2003 Portman Scott (GA) Thornberry Baird Emerson LaHood Rahall Shadegg Tierney Price (NC) Scott (VA) Tiahrt Baker Engel Lampson Ramstad Shaw Toomey Pryce (OH) Sensenbrenner Tiberi Baldwin English Langevin Rangel Shays Towns Putnam Serrano Tierney Ballance Etheridge Lantos Regula Sherman Turner (OH) Quinn Shadegg Toomey Ballenger Evans Larsen (WA) Rehberg Sherwood Turner (TX) Radanovich Shaw Towns Barrett (SC) Everett Latham Renzi Shimkus Udall (CO) Rahall Shays Turner (OH) Bartlett (MD) Farr LaTourette Reyes Shuster Udall (NM) Ramstad Sherman Turner (TX) Barton (TX) Fattah Leach Reynolds Simmons Upton Rangel Sherwood Rodriguez Simpson Udall (CO) Bass Feeney Lee Van Hollen Regula Shimkus Rogers (AL) Skelton Udall (NM) Beauprez Ferguson Levin Velazquez Rehberg Shuster Becerra Filner Lewis (CA) Rogers (KY) Slaughter Upton Visclosky Renzi Simmons Bell Fletcher Lewis (GA) Rogers (MI) Smith (NJ) Van Hollen Vitter Reyes Simpson Bereuter Foley Lewis (KY) Rohrabacher Smith (TX) Velazquez Walden (OR) Reynolds Skelton Berkley Forbes Linder Ros-Lehtinen Snyder Visclosky Walsh Rodriguez Slaughter Berman Ford Lipinski Ross Solis Rogers (AL) Smith (MI) Vitter Berry Frank (MA) LoBiondo Rothman Souder Wamp Rogers (KY) Smith (NJ) Walden (OR) Bilirakis Franks (AZ) Lofgren Roybal-Allard Stark Waters Rogers (MI) Smith (TX) Walsh Bishop (GA) Frelinghuysen Lowey Ruppersberger Stearns Watson Rohrabacher Snyder Wamp Bishop (NY) Frost Lucas (KY) Ryan (OH) Stenholm Watt Ros-Lehtinen Solis Waters Bishop (UT) Gallegly Lucas (OK) Ryan (WI) Strickland Waxman Ross Souder Watson Blackburn Garrett (NJ) Lynch Ryun (KS) Stupak Weiner Rothman Stark Watt Blumenauer Gerlach Majette Sabo Sullivan Weldon (FL) Roybal-Allard Stearns Waxman Blunt Gibbons Maloney Sanchez, Linda Sweeney Weldon (PA) Royce Stenholm Weiner Boehlert Gilchrest Manzullo T. Tancredo Weller Ruppersberger Strickland Weldon (PA) Boehner Gillmor Markey Sanchez, Loretta Tanner Wexler Ryan (OH) Stupak Weller Bonilla Gingrey Marshall Sanders Tauscher Whitfield Ryan (WI) Sandlin Sullivan Wexler Bonner Gonzalez Matheson Tauzin Wicker Ryun (KS) Sweeney Saxton Taylor (MS) Whitfield Bono Goodlatte Matsui Wilson (NM) Sabo Tancredo Schakowsky Taylor (NC) Wicker Boozman Gordon McCarthy (MO) Wilson (SC) Sanchez, Linda Tanner Schiff Terry Wilson (NM) Boswell Goss McCarthy (NY) Wolf T. Tauscher Boucher Granger McCollum Schrock Thomas Sanchez, Loretta Tauzin Wilson (SC) Scott (GA) Thompson (CA) Woolsey Boyd Graves McCotter Sanders Taylor (MS) Wolf Scott (VA) Thompson (MS) Wu Bradley (NH) Green (TX) McCrery Sandlin Taylor (NC) Woolsey Sensenbrenner Thornberry Wynn Brady (PA) Green (WI) McDermott Saxton Terry Wu Serrano Tiahrt Young (AK) Brady (TX) Greenwood McGovern Schakowsky Thomas Wynn Sessions Tiberi Young (FL) Brown (OH) Grijalva McHugh Schiff Thompson (CA) Young (AK) Brown (SC) Gutknecht McInnis Schrock Thompson (MS) Young (FL) NAYS—10 Brown, Corrine Hall McIntyre NOT VOTING—20 Brown-Waite, Harman McKeon Coble Goode Royce Ginny Harris McNulty Davis, Jo Ann Miller (FL) Smith (MI) Biggert Farr Meehan Burgess Hart Meek (FL) Duncan Obey Crane Fossella Rush Burns Hastings (FL) Meeks (NY) Flake Paul Cubin Gallegly Sessions Burr Hastings (WA) Menendez Davis (IL) Gephardt NOT VOTING—16 Smith (WA) Burton (IN) Hayes Mica Deutsch Gutierrez Spratt Buyer Hayworth Michaud Biggert Eshoo Meehan Emanuel Kirk Weldon (FL) Calvert Hefley Millender- Crane Fossella Rush Eshoo Larson (CT) Camp Hensarling McDonald Cubin Gephardt Smith (WA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cannon Herger Miller (MI) Davis (IL) Gutierrez Spratt Cantor Hill Miller (NC) Deutsch Kirk The SPEAKER pro tempore (Mr. Capito Hinchey Miller, Gary Emanuel Larson (CT) LAHOOD) (during the vote). Members Capps Hinojosa Miller, George ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE are advised that they have 2 minutes to Capuano Hobson Mollohan vote. Cardin Hoeffel Moore The SPEAKER pro tempore (during Cardoza Hoekstra Moran (KS) the vote). Members are advised that Carson (IN) Holden Moran (VA) b 1322 Carson (OK) Holt Murphy they have 2 minutes to vote. So (two-thirds having voted in favor Carter Honda Murtha Case Hooley (OR) Musgrave thereof) the rules were suspended and Castle Hostettler Myrick b 1331 the concurrent resolution was agreed Chabot Houghton Nadler Mr. ROYCE, Mr. DUNCAN and Mrs. to. Chocola Hoyer Napolitano JO ANN DAVIS of Virginia changed The result of the vote was announced Clay Hulshof Neal (MA) Clyburn Hunter Nethercutt their vote from ‘‘yea’’ to ‘‘nay.’’ as above recorded. Cole Hyde Neugebauer So (two-thirds having voted in favor A motion to reconsider was laid on Collins Inslee Ney thereof) the rules were suspended and the table. Conyers Isakson Northup Cooper Israel Norwood the bill, as amended, was passed. f Costello Issa Nunes The result of the vote was announced Cox Istook Nussle as above recorded. COMMERCIAL SPECTRUM Cramer Jackson (IL) Oberstar Crenshaw Jackson-Lee Olver A motion to reconsider was laid on ENHANCEMENT ACT Crowley (TX) Ortiz the table. The SPEAKER pro tempore. The Culberson Janklow Osborne Cummings Jefferson Ose pending business is the question of sus- Cunningham Jenkins Otter f pending the rules and passing the bill, Davis (AL) John Owens H.R. 1320, as amended. Davis (CA) Johnson (CT) Oxley Davis (FL) Johnson (IL) Pallone WELFARE REFORM EXTENSION The Clerk read the title of the bill. Davis (TN) Johnson, E. B. Pascrell ACT OF 2003 The SPEAKER pro tempore. The Davis, Tom Johnson, Sam Pastor question is on the motion offered by Deal (GA) Jones (NC) Payne The SPEAKER pro tempore. The the gentleman from Michigan (Mr. DeFazio Jones (OH) Pearce pending business is the question of sus- DeGette Kanjorski Pelosi pending the rules and passing the bill, UPTON) that the House suspend the Delahunt Kaptur Pence rules and pass the bill, H.R. 1320, as DeLauro Keller Peterson (MN) H.R. 2350. amended, on which the yeas and nays DeLay Kelly Peterson (PA) The Clerk read the title of the bill. DeMint Kennedy (MN) Petri The SPEAKER pro tempore. The are ordered. Diaz-Balart, L. Kennedy (RI) Pickering This will be a 5-minute vote. Diaz-Balart, M. Kildee Pitts question is on the motion offered by The vote was taken by electronic de- Dicks Kilpatrick Platts the gentleman from California (Mr. vice, and there were—yeas 408, nays 10, Dingell Kind Pombo HERGER) that the House suspend the Doggett King (IA) Pomeroy rules and pass the bill, H.R. 2350, on not voting 16, as follows: Dooley (CA) King (NY) Porter [Roll No. 260] Doolittle Kingston Portman which the yeas and nays are ordered. Doyle Kleczka Price (NC) YEAS—408 This will be a 5-minute vote. Dreier Kline Pryce (OH) The vote was taken by electronic de- Abercrombie Akin Andrews Dunn Knollenberg Putnam Ackerman Alexander Baca Edwards Kolbe Quinn vice, and there were—yeas 406, nays 6, Aderholt Allen Bachus Ehlers Kucinich Radanovich not voting 22, as follows:

VerDate Jan 31 2003 00:58 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.020 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5199 [Roll No. 261] Pence Sanchez, Loretta Taylor (NC) (roll No. 260); and ‘‘yes’’ for H.R. 2350, the Peterson (MN) Sanders Terry YEAS—406 Peterson (PA) Sandlin Thomas Temporary Assistance for Needy Families Petri Saxton block grant program Reauthorization Act (roll Abercrombie DeMint Kaptur Thompson (CA) Pickering Schakowsky Ackerman Diaz-Balart, L. Keller Thompson (MS) No. 261). Pitts Schiff Aderholt Diaz-Balart, M. Kelly Tiahrt Platts Schrock f Akin Dicks Kennedy (MN) Tiberi Pombo Scott (GA) Alexander Dingell Kennedy (RI) Tierney PERSONAL EXPLANATION Pomeroy Scott (VA) Toomey Allen Doggett Kildee Porter Sensenbrenner Andrews Dooley (CA) Kilpatrick Towns Mr. DEUTSCH. Mr. Speaker, I was unavoid- Portman Serrano Turner (OH) Baca Doolittle Kind Price (NC) Sessions ably absent from the Chamber today during Bachus Doyle King (IA) Turner (TX) Pryce (OH) Shadegg Udall (CO) rollcall vote Nos. 257, 258, 259, 260, and 261. Baird Dreier King (NY) Putnam Shaw Baker Duncan Kingston Udall (NM) Had I been present, I would have voted ‘‘nay’’ Quinn Shays Upton Baldwin Dunn Kleczka Radanovich Sherman on roll No. 257 and ‘‘yea’’ on roll No. 258, Van Hollen Ballance Edwards Kline Rahall Sherwood 259, 260, and 261. Velazquez Ballenger Ehlers Knollenberg Ramstad Shimkus Visclosky f Barrett (SC) Emerson Kucinich Rangel Shuster Vitter Bartlett (MD) Engel LaHood Regula Simmons Walden (OR) PERSONAL EXPLANATION Barton (TX) English Lampson Rehberg Simpson Bass Etheridge Langevin Renzi Skelton Walsh Mr. LARSON of Connecticut. Mr. Speaker, I Beauprez Evans Lantos Wamp Reyes Slaughter would like to submit this statement for the Becerra Everett Larsen (WA) Reynolds Smith (MI) Waters Bell Farr Latham Rodriguez Smith (NJ) Watson RECORD and regret that I could not be present Bereuter Fattah LaTourette Rogers (AL) Smith (TX) Watt this morning, Wednesday, June 11, 2003, to Berkley Feeney Leach Rogers (KY) Snyder Waxman vote on rollcall vote Nos. 252, 253, 254, 255, Berman Ferguson Lee Rogers (MI) Solis Weiner Berry Filner Levin Rohrabacher Souder Weldon (FL) and 256 due to a family medical emergency. Bilirakis Fletcher Lewis (CA) Ros-Lehtinen Stark Weldon (PA) Had I been present, I would have voted: Bishop (GA) Foley Lewis (GA) Ross Stearns Weller ‘‘No’’ on rollcall vote No. 257 on Ordering Bishop (NY) Forbes Lewis (KY) Rothman Stenholm Wexler the Previous Question on H. Res. 265, pro- Bishop (UT) Ford Linder Roybal-Allard Strickland Wicker Blackburn Franks (AZ) Lipinski Royce Stupak Wilson (NM) viding for consideration of the bill (H.R. 2115) Blumenauer Frelinghuysen LoBiondo Ruppersberger Sullivan Wilson (SC) to amend title 49, United States Code, to re- Blunt Frost Lofgren Ryan (OH) Sweeney Wolf authorize programs for the Federal Aviation Boehlert Gallegly Lowey Ryan (WI) Tancredo Woolsey Boehner Garrett (NJ) Lucas (KY) Ryun (KS) Tanner Wu Administration, and for other purposes; Bonilla Gerlach Lucas (OK) Sabo Tauscher Wynn ‘‘Yea’’ on rollcall vote No. 258 on H. Res. Bonner Gibbons Lynch Sanchez, Linda Tauzin Young (AK) 265, providing for consideration of the bill Bono Gilchrest Maloney T. Taylor (MS) Young (FL) Boozman Gillmor Manzullo (H.R. 2115) to amend title 49, United States Boswell Gingrey Markey NAYS—6 Code, to reauthorize programs for the Federal Boucher Gonzalez Marshall Conyers Frank (MA) Owens Aviation Administration, and for other pur- Boyd Goode Matheson Flake Olver Paul Bradley (NH) Goodlatte Matsui poses; Brady (PA) Gordon McCarthy (MO) NOT VOTING—22 ‘‘Aye’’ on rollcall vote No. 259 on H. Con. Brady (TX) Goss McCarthy (NY) Biggert Gephardt Nussle Res. 110, recognizing the sequencing of the Brown (OH) Granger McCollum Crane Gutierrez human genome as one of the most significant Brown (SC) Graves McCotter Rush Cubin Jones (NC) Brown, Corrine Green (TX) McCrery Smith (WA) scientific accomplishments of the past one Davis (IL) Kirk Brown-Waite, Green (WI) McDermott Spratt hundred years and expressing support for the Deutsch Kolbe Ginny Greenwood McGovern Thornberry Emanuel Larson (CT) goals and ideals of Human Genome Month Burgess Grijalva McHugh Whitfield Eshoo Majette Burns Gutknecht McInnis and DNA Day; Fossella Northup Burr Hall McIntyre ‘‘Aye’’ on rollcall vote No. 260 on H.R. 1320, Burton (IN) Harman McKeon ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Commercial Spectrum Enhancement Act; and Buyer Harris McNulty ‘‘Aye’’ on rollcall vote No. 261 on H.R. 2350, Calvert Hart Meehan The SPEAKER pro tempore (Mr. Camp Hastings (FL) Meek (FL) LAHOOD) (during the vote). The Chair to reauthorize the Temporary Assistance for Cannon Hastings (WA) Meeks (NY) advises there are two minutes to vote. Needy Families block grant program through Cantor Hayes Menendez fiscal year 2003. Capito Hayworth Mica b 1338 Capps Hefley Michaud f Capuano Hensarling Millender- So (two-thirds having voted in favor Cardin Herger McDonald thereof) the rules were suspended and PERSONAL EXPLANATION Cardoza Hill Miller (FL) Carson (IN) Hinchey Miller (MI) the bill was passed. Mr. EMANUEL. Mr. Speaker, I was Carson (OK) Hinojosa Miller (NC) The result of the vote was announced unavoidably detained today and missed Carter Hobson Miller, Gary as above recorded. rollcall votes 257 through 261. Had I Case Hoeffel Miller, George A motion to reconsider was laid on been present, I would have voted ‘‘no’’ Castle Hoekstra Mollohan Chabot Holden Moore the table. on 257, and ‘‘yes’’ on 258, 259, 260 and Chocola Holt Moran (KS) f 261. Clay Honda Moran (VA) f Clyburn Hooley (OR) Murphy PERSONAL EXPLANATION Coble Hostettler Murtha PERSONAL EXPLANATION Cole Houghton Musgrave Mrs. BIGGERT. Mr. Speaker, today I joined Collins Hoyer Myrick President Bush in my home State of Illinois for Mr. KIRK. Mr. Speaker, due to the Cooper Hulshof Nadler Costello Hunter Napolitano a forum on Medicare. As a result, I missed a visit of the President to Chicago today, Cox Hyde Neal (MA) series of votes. Had I been present, I would I missed the following rollcall votes: Cramer Inslee Nethercutt have cast the following votes: Numbers 257, 258, 259, 260 and 261. Had I Crenshaw Isakson Neugebauer been present, I would have voted ‘‘aye’’ Crowley Israel Ney ‘‘Yes’’ on the Previous question on the Rule Culberson Issa Norwood for H.R. 2115, Flight 100—Century of Aviation on all of these votes. Cummings Istook Nunes Reauthorization Act (roll No. 257); ‘‘yes’’ on f Cunningham Jackson (IL) Oberstar Passage of the Rule for H.R. 2115, flight Davis (AL) Jackson-Lee Obey 100—Century of Aviation Reauthorization Act REMOVAL OF NAME OF MEMBER Davis (CA) (TX) Ortiz AS COSPONSOR OF H.R. 660 Davis (FL) Janklow Osborne (roll No. 258); ‘‘yes’’ for H. Con. Res. 110, rec- Davis (TN) Jefferson Ose ognizing the sequencing of the human ge- Ms. EDDIE BERNICE JOHNSON of Davis, Jo Ann Jenkins Otter Davis, Tom John Oxley nome as one of the most significant scientific Texas. Mr. Speaker, I ask unanimous Deal (GA) Johnson (CT) Pallone accomplishments of the past one hundred consent to have my name removed as a DeFazio Johnson (IL) Pascrell years and expressing support for the goals cosponsor of H.R. 660. DeGette Johnson, E. B. Pastor and ideals of Human Genome Month and The SPEAKER pro tempore. Is there Delahunt Johnson, Sam Payne DeLauro Jones (OH) Pearce DNA Day (roll No. 259); ‘‘yes’’ for H.R. 1320, objection to the request of the gentle- DeLay Kanjorski Pelosi the Commercial Spectrum Enhancement Act woman from Texas?

VerDate Jan 31 2003 00:58 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.021 H11PT1 H5200 CONGRESSIONAL RECORD — HOUSE June 11, 2003 There was no objection. any request by the Energy and Commerce HOUSE OF REPRESENTATIVES, COM- Committee for conferees on H.R. 2115 or MITTEE ON TRANSPORTATION AND f similar legislation. INFRASTRUCTURE, ORDER OF AMENDMENTS DURING I request that you include this letter as Washington, DC, June 4, 2003. CONSIDERATION OF H.R. 2115, part of the Committee’s Report on H.R. 2115 Hon. RICHARD W. POMBO, FLIGHT 100–CENTURY OF AVIA- and in the Record during consideration of Chairman, Committee on Resources, the legislation on the House floor. Thank Longworth Building, Washington, DC. TION REAUTHORIZATION ACT DEAR MR. CHAIRMAN: Thank you for your you for your attention to these matters. letter of June 4, 2003, regarding H.R. 2115, the Mr. MICA. Mr. Speaker, I ask unani- Sincerely, Flight 100—Century of Aviation Reauthoriza- mous consent that during the consider- W.J. ‘‘BILLY’’ TAUZIN, tion Act, and for your willingness to waive ation of H.R. 2115, pursuant to House Chairman. consideration of the provision in the bill Resolution 265, it shall be in order to that falls within your Committee’s jurisdic- consider amendment No. 5 as printed in HOUSE OF REPRESENTATIVES, COM- tion under House Rules. the report of the Committee on Rules MITTEE ON TRANSPORTATION AND I agree that your waiving consideration of before consideration of any other INFRASTRUCTURE, this provision of H.R. 2115 does not waive amendment. Washington, DC, June 6, 2003. your Committee’s jurisdiction over the bill. The SPEAKER pro tempore. Is there Hon. W.J. (BILLY) Tauzin, I also acknowledge your right to seek con- objection to the request of the gen- Chairman, Committee on Energy and Commerce, ferees on any provisions that are under your Rayburn Building, Washington, DC. Committee’s jurisdiction during any House- tleman from Florida? Senate conference on H.R. 2115 or similar There was no objection. DEAR MR. CHAIRMAN: Thank you for your letter of June 6, 2003 regarding H.R. 2115, the legislation, and will support your request for f Flight 100—Century of Aviation Act and for conferees on such provisions. As you request, your letter and this re- your willingness to waive consideration of GENERAL LEAVE sponse will be included in the Committee re- provisions in the bill that falls within your Mr. MICA. Mr. Speaker, I ask unani- port on the legislation. Committee’s jurisdiction under House Rules. Thank you for your cooperation in moving mous consent that all Members may I agree that your waiving consideration of this important legislation to the House have 5 legislative days within which to these provisions of H.R. 2115 does not waive Floor. revise and extend their remarks and in- your Committee’s jurisdiction over the bill. Sincerely, clude extraneous material on H.R. 2115. I also acknowledge your right to seek con- DON YOUNG, The SPEAKER pro tempore. Is there ferees on any provisions that are under your Chairman. objection to the request of the gen- Committee’s jurisdiction during any House- tleman from Florida? Senate conference on H.R. 2115 or similar HOUSE OF REPRESENTATIVES, There was no objection. legislation, and will support your request for COMMITTEE ON SCIENCE, conferees on such provisions. Washington, DC, June 6, 2003. f As you request, your letter and this re- Hon. DON YOUNG sponse will be included in the Committee re- Chairman, House Committee on Transportation EXCHANGE OF LETTERS REGARD- and Infrastructure, Rayburn House Office ING H.R. 2115, FLIGHT 100–CEN- port on the legislation and in the Congres- sional Record. Building, Washington, DC. TURY OF AVIATION REAUTHOR- DEAR CHAIRMAN YOUNG: I have reviewed IZATION ACT Thank you for your cooperation in moving H.R. 2115, Flight 100—Century of Aviation this important legislation to the House Reauthorization Act. The bill authorizes re- Mr. MICA. Mr. Speaker, I ask unani- Floor. search and development (R&D) programs mous consent to insert into the RECORD Sincerely, that fall within the jurisdiction of the Com- at this point an exchange of letters be- DON YOUNG, mittee on Science. tween the gentleman from Alaska Chairman. In deference to your desire to bring this (Chairman YOUNG), the gentleman from HOUSE OF REPRESENTATIVES, legislation before the House in an expedi- Louisiana (Chairman TAUZIN), the gen- COMMITTEE ON RESOURCES, tious manner, I will not exercise this Com- Washington, DC, June 4, 2003, tleman from California (Mr. POMBO), mittee’s right to consider H.R. 2115—pro- Hon. DON YOUNG, the gentleman from New York (Mr. vided that your Committee acknowledges Chairman, Committee on Transportation and the jurisdiction of the Committee on Science BOEHLERT), and the gentleman from Infrastructure, Rayburn House Office over R&D programs regardless of the ac- Virginia (Mr. TOM DAVIS) regarding Building, Washington, DC. count from which they are funded. Further, H.R. 2115. DEAR MR. CHAIRMAN: I have reviewed the the Committee on Science reserves its right The SPEAKER pro tempore. Is there text of H.R. 2115, Flight 100-Century of Avia- to seek conferees on any provisions that are objection to the request of the gen- tion Reauthorization Act, as ordered re- within this Committee’s jurisdiction during tleman from Florida? ported from the Committee on Transpor- any House-Senate conference that may be There was no objection. tation and Infrastructure on May 21, 2003. convened on this legislation and a cor- The letters referred to follow: The Committee on Resources has a jurisdic- responding Senate bill. tional interest in Section 408, Overflights of Specifically, the Committee on Science has HOUSE OF REPRESENTATIVES, National Parks. jurisdiction over portions of section 102. COMMITTEE ON ENERGY AND COMMERCE, That section authorizes, among other things, Washington, DC, June 6, 2003. Recognizing your wish that this critical R&D programs within the Facilities & Hon. DON YOUNG, bill be considered by the House of Represent- Equipment Account. This includes programs Chairman, Committee on Transportation and atives as soon as possible, and noting the that the Committee on Appropriations trans- Infrastructure, House of Representatives, continued strong spirit of cooperation be- ferred to the Facilities & Equipment Ac- Rayburn House Office Building, Wash- tween our Committees, I will forego seeking count in 1999. The Committee retains its ington, DC. a sequential referral of H.R. 2115 for the right to such conferees on other portions of DEAR CHAIRMAN YOUNG: I am writing with Committee on Resources. However, waiving this bill related to R&D. regard to H.R. 2115, the Flight 100—Century the Committee on Resources’ right to a re- I request that you include this letter as of Aviation Reauthorization Act, which was ferral in this case does not waive the Com- part of the CONGRESSIONAL RECORD during ordered reported by the Committee on mittee’s jurisdiction over any provision in consideration of the legislation on the House Transportation and Infrastructure on May H.R. 2115 or similar provisions in other bills. floor. 21, 2003. In addition, I ask that you support my re- Sincerely, I recognize your desire to bring this legis- quest to have the Committee on Resources SHERWOOD BOEHLERT, lation before the House in an expeditious represented on the conference on this bill, if Chairman. manner. Accordingly, I will not exercise my a conference is necessary. Finally, I ask that Committee’s right to a referral. By agreeing you include this letter in the Committee on HOUSE OF REPRESENTATIVES, COM- to waive its consideration of the bill, how- Transportation and Infrastructure’s bill re- MITTEE ON TRANSPORTATION AND ever, the Energy and Commerce Committee port. INFRASTRUCTURE, does not waive its jurisdiction over H.R. 2115. I appreciate your leadership and Washington, DC, June 6, 2003. In addition, the Energy and Commerce Com- cooperation on this bill and I look forward to Hon. SHERWOOD BOEHLERT, mittee reserves its right to seek conferees on working with you to see that H.R. 2115 is Chairman, Committee on Science, Rayburn any provisions of the bill that are within its enacted into law soon. House Office Building, Washington, DC. jurisdiction during any House-Senate con- Sincerely, DEAR MR. CHAIRMAN: Thank you for your ference that may be convened on this legisla- RICHARD W. POMBO, letter concerning H.R. 2115, the Flight 100— tion. I ask for your commitment to support Chairman. Century of Aviation Reauthorization Act. I

VerDate Jan 31 2003 01:47 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.048 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5201 appreciate your offer to waive consideration for your willingness to waive consideration Funding the Small Community Air of the bill. of provisions in the bill that falls within Service Program and the Essential Air Traditionally, the Transportation Com- your Committee’s jurisdiction under House Service Program; mittee has authorized the equipment deploy- Rules. Increasing the number of slots at ment functions from the Federal Aviation I agree that your waiving consideration of Administration Facilities and Equipment these provisions of H.R. 2115 does not waive Reagan National Airport; (F&E) account. I recognize that in certain your Committee’s jurisdiction over the bill. Streamlining airport project reviews years functions under the jurisdiction of the I also acknowledge your right to seek con- as passed by the House twice last year; Science Committee were moved from the ferees on any provisions that are under your and FAA Research, Engineering and Develop- Committee’s jurisdiction during any House- Prohibiting the privatization of func- ment (RED) account to the F&E account Senate conference on H.R. 2115 or similar tions performed by air traffic control- through the annual appropriations process. legislation, and will support your request for lers. While I believe that these unauthorized ap- conferees on such provisions. It goes without saying that the avia- As you request, your letter and this re- propriations do not have any bearing on tion industry is vital to the U.S. econ- committee jurisdiction, I prefer that the Ap- sponse will be in the CONGRESSIONAL RECORD. propriations Committee adhere to the au- Thank you for your cooperation in moving omy. H.R. 2115 provides for its stability thorizing language and refrain from moving this important legislation to the House and, more importantly, for its contin- functions from the RED account to the F&E Floor. ued growth. account in order to benefit from a slower Sincerely, I want to thank the full committee spend-out rate. For example, I would prefer DON YOUNG, ranking member, the gentleman from that the Advanced Technology Development Chairman. Minnesota (Mr. OBERSTAR), for working and Prototyping program remain in the RED f with me to draft H.R. 2115. As a result account. Historically, the Science Committee has FLIGHT 100—CENTURY OF AVIA- of this cooperative effort, we have bi- had oversight and authorization responsi- TION REAUTHORIZATION ACT OF partisan legislation that everyone in bility over the RED account while the Trans- 2003 this House can fully support. portation Committee has had exclusive juris- I especially want to thank the sub- The SPEAKER pro tempore. Pursu- diction over the F&E account. I believe that committee chairman, the gentleman ant to House Resolution 265 and rule continuing this practice is the best way to from Florida (Mr. MICA), and the rank- XVIII, the Chair declares the House in preserve the jurisdiction of both committees. ing member, the gentleman from Or- I thank you for your attention to this mat- the Committee of the Whole House on egon (Mr. DEFAZIO). H.R. 2115 clearly ter and look forward to working with you the State of the Union for the consider- represents the hard work and the long and your staff. As you request, a copy of ation of the bill, H.R. 2115. your letter and my response will be placed in hours they and their staff put into this the RECORD. b 1339 effort. I appreciate their dedication in Sincerely, IN THE COMMITTEE OF THE WHOLE ensuring that the United States con- DON YOUNG, Accordingly, the House resolved tinues to have the safest and most effi- Chairman. itself into the Committee of the Whole cient aviation system in the world. House on the State of the Union for the For that reason, I join with the full HOUSE OF REPRESENTATIVES, committee ranking member, the gen- COMMITTEE ON GOVERNMENT REFORM, consideration of the bill (H.R. 2115) to Washington, DC, June 11, 2003. amend title 49, United States Code, to tleman from Minnesota (Mr. OBER- Hon. DON YOUNG, reauthorize programs for the Federal STAR); the subcommittee chairman, the Chairman, Committee on transportation and In- Aviation Administration, and for other gentleman from Florida (Mr. MICA); frastructure, House of Representatives, purposes, with Mr. BASS in the chair. and the ranking member, the gen- Washington, DC. The Clerk read the title of the bill. tleman from Oregon (Mr. DEFAZIO), in DEAR MR. YOUNG: I am writing regarding The CHAIRMAN. Pursuant to the urging the immediate passage of this H.R. 2115, ‘‘the Flight 100—Century of Avia- bipartisan bill. tion Reauthorization Act.’’ As you know, the rule, the bill is considered as having bill includes provisions within the jurisdic- been read the first time. Mr. Chairman, I reserve the balance tion of the Committee on Government Re- Under the rule, the gentleman from of my time. form. Section 404, Clarifications to procure- Alaska (Mr. YOUNG) and the gentleman Mr. OBERSTAR. Mr. Chairman, I ment authority and Section 438 Definition of from Minnesota (Mr. OBERSTAR) each yield myself 7 minutes. air traffic each contain provisions within the will control 30 minutes. Mr. Chairman, I, too, of course rise in jurisdiction of the Committee on Govern- The Chair recognizes the gentleman support of H.R. 2115, Flight 100—Cen- ment Reform. from Alaska (Mr. YOUNG). tury of Aviation Reauthorization Act. In the interests of moving this important It is appropriate that we apply that legislation forward, I have not asked for a se- Mr. YOUNG of Alaska. Mr. Chair- quential referral of this bill. However, the man, I yield myself such time as I may title to the bill in this year; it is the Committee does hold an interest in pre- consume. 100th anniversary of flight. When you serving its future jurisdiction with respect Mr. Chairman, on the occasion of the think how far the world has come in to issues raised in the aforementioned provi- 100 years of powered flight, I rise in aviation in just 100 years, it is really sions, and its jurisdictional prerogatives support of H.R. 2115, Flight 100—Cen- extraordinary. No other technology in should the provisions of this bill or any Sen- tury of Aviation Reauthorization Act the field of transportation can match ate amendments thereto be considered in a of 2003. the speed with which we have advanced conference with the Senate. I respectfully re- H.R. 2115 addresses the needs of the the cause of aviation in this 100 years. quest your support for the appropriate appointment of Members of the Committee national aviation system today and in We have worked in a very diligent should such a conference arise. turn provides for its future. The Fed- and bipartisan manner over many Finally, I would ask that you include a eral Aviation Administration oversees weeks and months; and I want to thank copy of our exchange of letters on this mat- and ensures the safe and efficient use the chairman, the gentleman from ter in the Congressional Record during floor of our Nation’s air space. The bill be- Alaska, for the frequent and thorough consideration. Thank you for your assistance fore us now supports this important and intensive conversations we have and cooperation in this matter. work. had to shape this legislation, come to- Sincerely, It reauthorizes FAA for 4 years and gether in agreement on the many TOM DAVIS, Chairman. allows for modest increases in funding sticky issues that we had to confront levels for fiscal years 2003 through 2007. in shaping this bill, and the chairman HOUSE OF REPRESENTATIVES, COM- H.R. 2115 also ensures that the Avia- of the subcommittee, the gentleman MITTEE ON TRANSPORTATION AND tion Trust Fund is used to finance air- from Florida (Mr. MICA), who has al- INFRASTRUCTURE, port capacity and safety projects. It ways been available and readily avail- Washington, DC, June 11, 2003. also continues to provide general funds able to discuss and iron out the many Hon. TOM DAVIS, to pay for FAA safety functions that complex issues. Chairman, Committee on Government Reform, I want to compliment the ranking Rayburn Building, Washington, DC. are in the public interest. DEAR MR. CHAIRMAN: Thank you for your Additionally, the bill makes a num- member on our side, the gentleman letter of June 11, 2003 regarding H.R. 2115, ber of important legislative changes, from Oregon (Mr. DEFAZIO), whose 18- the Flight 100—Century of Aviation Act, and such as: plus years, 20 years of intensive work

VerDate Jan 31 2003 01:47 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.038 H11PT1 H5202 CONGRESSIONAL RECORD — HOUSE June 11, 2003 in the field of aviation have paid off in service to small communities. I offered this is a great value to our country, his current position as the leader on the amendment for essential air serv- this transportation system we have. I our side on aviation issues. He has done ice, with the concluding remark to the do thank the gentleman. a splendid job in shaping this legisla- chairman of the Committee, that if we Mr. OBERSTAR. Mr. Chairman, I ap- tion, which will put America on the do not pass this amendment, there are preciate the chairman’s remarks. I am course it needs to be to continue in- towns in my district where the only delighted that we will be able to work vestment in our aviation airside infra- way to get there will be to be born in conference to assure that both con- structure, in the modernization of the there, and I do not want to see that trollers and systems specialists remain air traffic control system, and in en- happen again. So we have done a good Federal employees. suring we have the finest professionals job with those issues. Mr. Chairman, I reserve the balance in the world to manage that air traffic Before concluding, I want to engage of my time. control system in the form of our air the chairman in a discussion. But I Mr. YOUNG of Alaska. Mr. Chair- traffic controllers and those who sup- want to thank on our side the staff, man, I yield the balance of my debate port and maintain the technology of Stacie Soumbeniotis, Giles Giovanazzi, time to the gentleman from Florida aviation. Ward McCarragher, and, on the Repub- (Mr. MICA), and I ask unanimous con- lican side, David Schaffer, who have sent that the gentleman be permitted b 1345 done superb professional work in to control that time. Though emplanements dipped after crafting these extremely complicated The CHAIRMAN. Is there objection September 11, they are on the rebound. provisions of this bill. to the request of the gentleman from We are seeing flights return to some- Mr. Chairman, I am disappointed Alaska? thing approaching pre-September 11 that the bill does not go as far as I There was no objection. numbers. Something like 71 percent would have liked it to do in guaran- Mr. MICA. Mr. Chairman, I yield my- load factors are returning, but yields teeing that our air traffic control sys- self such time as I may consume. are down. On average, they are down 4 tem remains the safest in the world Mr. Chairman, I particularly want to cents to 5 cents per revenue passenger dealing with the privatization of air thank the chairman of the full com- mile from what they ought to be to traffic controllers. It does not deal mittee, the gentleman from Alaska sustain the level of revenue we saw in with the certification and related (Mr. YOUNG), the ranking member, the the pre-September 11 era. But that, maintenance of equipment used by air gentleman from Minnesota (Mr. OBER- too, will come back. That will return traffic controllers. STAR), and our ranking member of the as our economy gains in strength. So I think that we did not address Subcommittee on Aviation, the gen- I know that the FAA is projecting this issue in the bill. I think we will tleman from Oregon (Mr. DEFAZIO), for over the next 6 years a return to 600- come to that point in conference. I their leadership in trying to bring this plus million passengers a year, and 696 know the chairman is amenable to measure together and to the floor. million was the level we had prior to working towards a solution on this This is a 4-year reauthorization, and September 11. Now, when we think that issue, and will work with us in con- it is very difficult. We have over 70 in a world that emplaned 1 billion pas- ference to ensure that both controllers members on the full committee and sengers in 2001, and 696 million of those and air systems specialists are pro- over 40 members on the Subcommittee were in the United States, it means tected in the bill Congress sends to the on Aviation, and the White House and that this Nation boards two-thirds of President. all the various and sundry interests all the people who travel by air in the Mr. YOUNG of Alaska. Mr. Chair- that want specific provisions in a reau- entire world. man, if the gentleman will yield fur- thorization bill such as we have before So if we are to position ourselves to ther, I would say that that is correct. I us. But we have come together, and I accommodate that growth in the fu- am well aware of the proposal the gen- am real proud of the work that the ture, then we have to make the invest- tleman has suggested. Frankly, I sup- Members have done and the staff. ments now in the air side capacity of port it myself. But as the gentleman I will have a manager’s amendment our airports. We have to prepare the knows, we were threatened with a veto that incorporates some of the issues taxiways, runways, and the air side im- if it was amended in the committee, so that we have agreed to on a bipartisan provements to accommodate that fu- the gentleman and I had a lot of work basis, and also pledge to work with all ture growth so we will not be left be- to do in conference, and, of course, the interests and sides on various issues as hind, struggling, trying to catch up administration. we hopefully bring this measure to con- when it is too late and flights have re- I do think that we have to have the ference. bounded. safest air system. I believe, Mr. Chair- Mr. Chairman, this legislation is crit- In that respect, this bill provides man, we do have the safest air system ical to the future of aviation in our $14.8 billion for the Airport Improve- in the world. Some of the other coun- country. It is also fitting and I think ment Program funding. That is $1.2 bil- tries have changed their systems, but I very appropriate that on the 100th an- lion more than the FAA’s request. We actually think we are doing a better niversary of manned flight by the have $12.3 billion for facilities and job. It does not mean we cannot im- Wright brothers that we bring this re- equipment over the life of this legisla- prove upon it, but we are doing a better write of our Federal aviation policy be- tion, $200 million of which is specifi- job. fore the Congress. No nation in the cally designated for the Standard Ter- The way we do a better job is keep world relies more on the safe and effi- minal Automation Replacement Sys- the professional people in line and by cient operation of aircraft than the tem, STARS, that handles 70 million making sure they are doing the job cor- United States. airport operations a year throughout rectly, as they have been doing, and as Just think about it: Two-thirds of all this country. That is a staggering the control tower people have done so the air passengers in the world take off amount and requires a vast capacity far. I am well aware of it and I will be from the United States each year and that this new system will provide. working with the gentleman. each day, from U.S. soil. Without a re- We also maintain a level of funding As the gentleman knows, this bill liable air transportation system, com- to accommodate the air traffic control- will pass today overwhelmingly, I be- munities would become stranded, fami- lers, $31.3 billion for FAA operations lieve, and we will have an opportunity lies would be separated, time-sensitive over the life of this legislation. We to address this issue as time goes by. cargo lost, and countless jobs and op- have done a good deal to accommodate I thank the gentleman. I must say portunities forsaken. the needs of small airports with essen- for the record, I don’t believe anybody This bill, H.R. 2115, also referred to tial air service improvements in this knows the air business better than the as Flight 100, addresses the many bill. gentleman does. The gentleman has pressing needs of our aviation system. I recall so very vividly in 1978 sitting been a long time as subcommittee We know it has been through a great on this committee when we considered chairman when he was in the majority, deal of turmoil since September 11. I the deregulation of aviation. The ques- and he knows this issue. We appreciate believe it also provides good elements tion was raised whether we would have working with the gentleman, because for its future.

VerDate Jan 31 2003 01:47 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.050 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5203 This legislation keeps our promise to thank all the members of the com- and also can demonstrate the potential the flying public and builds on the mittee and also particularly the rank- sustainability of their plan. Not just a landmark successes of its predecessor ing member, the gentleman from Min- potential pilot program which essen- legislation, known as AIR–21. This leg- nesota (Mr. OBERSTAR), the chairman, tially becomes another name for an islation continues the guarantee that the gentleman from Alaska (Mr. EAS program, but something to en- all the taxes and revenues paid into the YOUNG), and the gentleman from Flor- courage innovation, to attract in new Aviation Trust Fund are fully spent, ida (Mr. MICA), the subcommittee carriers that could provide a perma- and that airport improvements and air chairman, for the effort they and all nent presence and a new competition traffic control modernization that is so our staff have put into this bill. and improvement in service to those important is fully funded. This is a good piece of work. It is a communities. There are many of us H.R. 2115 provides the funding nec- potential foundation for the second 100 that desire to facilitate that. essary for the administration to oper- years of the aviation industry in this Also, being a west coast Member, the ate air traffic control systems to the country, an industry that contributes issue of Washington National Airport very highest standards of safety, and well in excess of 10 percent to our gross and the sort of outmoded restrictions also allows us to modernize our out- domestic product on an annual basis. It we see there is also accommodated to dated air traffic control system. It also will begin to anticipate and invest in some extent in the bill. increases the funding to airports to meeting the needs of the future. Flight attendants will get at least help build the capacity we need for fu- There are a lot of folks that have some small recognition for the vital ture economic growth. This bill also seen the fall-off in air traffic, and they service they provide the traveling pub- makes much needed reforms to FAA’s have forgotten the delays of 2 years lic on a daily basis, where they are management structure by redefining ago and the capacity constraints of 2 going to get a certificate when they the role of the chief operating officer. years ago. But I have not and the mem- have completed their training, which I am pleased to see the administra- bers of the committee have not. It is hopefully with the uncertainties in the tion within the last 24 hours has named going to require more investment, and industry, the bankruptcies and the lay- that chief operating officer, and this there is significant investment in this offs, will give them some portability legislation will clearly define the re- bill over and above what was requested and viability perhaps to move to new sponsibilities of that position as it re- by the administration to begin to meet jobs if they lose theirs or there are lates to the administrator of FAA. those capacity needs, in partnership other problems. It makes also, I think, a greater suc- with local communities and local air- We begin to anticipate the huge cess of our Small Community Air Serv- port authorities. looming retirement of air traffic con- ice Pilot Program, and it reforms the It also does include some environ- trollers with this bill and to require or Essential Air Service Program to en- mental streamlining provisions which authorize the hiring of replacements sure that communities that need this will not do violence to the National who have quite a long training window, service will continue to receive air Environmental Policy Act, but will and we need to move ahead with that service. help move some of the bureaucratic so we do not have a crisis. The bill streamlines the environ- impediments and sequential referrals The cabin air-quality hearings which mental review process for urgent air- and things that have gone on that have we had last week revealed that we are port capacity projects, and it does so delayed unnecessarily projects that ul- basically not monitoring cabin air without weakening any of the under- timately were found to have merit and quality; and where we do not monitor, lying environmental statutes or re- to meet the environmental constraints we do not have a problem. But the few quirements. It also authorizes com- and laws of the United States. We need monitoring samples that have been pensation to general aviation entities to move some of these projects ahead done do show problems, and we are for losses resulting from security man- more quickly, and this, I believe, will going to require studies that were dates. Again, they have not been reim- help facilitate that. called for by the National Academy of bursed like the airlines or other enti- I am particularly happy with the air Sciences to be undertaken by the FAA. ties that the Congress has previously service section of the bill. Finally, the air traffic control sys- provided for. b 1400 A lot of hard work has gone into this tem, there is no more successful model legislation, and I think we have worked I represent what has become an unin the world of an efficient, well-oper- diligently with the other side of the derserved community because of the ating, privatized air traffic control sys- aisle to craft careful and meaningful dominance of one major carrier who tem. Those that do exist have had to be compromises. The aviation industry in has chosen, despite the profitability of dramatically subsidized, reinvested in the United States is still the strongest that market, to divest itself of service by the governments that went down in the world, and we must keep it that and substitute a substandard so-called that route. And when I recently met way. This legislation provides the sta- express service. with the Chair of the committee of ju- bility and funding to ensure that we There are many of us across the Mid- risdiction from the Parliament, she will continue to lead the aviation in- west and the western United States and said, Do not go there. Look at the mis- dustry of the world. even in the East struggling with these takes we made in Great Britain. And I This is a good, bipartisan piece of sorts of issues. There are many com- am pleased to see the provisions in the legislation, and I urge all of the Mem- munities that have no service whatso- bill that relate to that. All in all, bers to join in support of this legisla- ever. So the improvements we are mak- Flight 100 is a great foundation over tion. ing in the essential air service author- the next 4 years for the next 100 years Mr. Chairman, I reserve the balance ization here are essential. The new of flight in the United States. of my time. pilot program that would allow other Mr. MICA. Mr. Chairman, I yield 2 Mr. OBERSTAR. Mr. Chairman, I ask than the traditional essential air serv- minutes to the distinguished gen- unanimous consent that the gentleman ice program, which can sometimes be tleman from Tennessee (Mr. DUNCAN), a from Oregon (Mr. DEFAZIO) manage the kind of lame, is to be undertaken by senior member of the Subcommittee on balance of the bill in general debate on the Secretary. And, finally, the new Aviation and immediate past Chair of our side, including authority to yield section which I think is going to be the the subcommittee. time. great benefit to airports like mine and Mr. DUNCAN. Mr. Chairman, I thank The CHAIRMAN. Is there objection other airports across the country that the gentleman for yielding me time. to the request of the gentleman from have seen a diminution in service is the Mr. Chairman, I rise in very strong Minnesota? Small Community Air Service Develop- support of this legislation, which has There was no objection. ment program, which would, with lan- been entitled Flight 100. It is a very Mr. DEFAZIO. Mr. Chairman, I yield guage we have put in the bill, require important bill for our entire Nation. It myself such time as I may consume. and give preference to communities is important even for those who never Mr. Chairman, I rise in strong sup- that are willing to partner with the fly because a strong aviation system is port of this legislation, and want to government in terms of a contribution so vital to our entire economy.

VerDate Jan 31 2003 01:47 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.052 H11PT1 H5204 CONGRESSIONAL RECORD — HOUSE June 11, 2003 I want to commend the gentleman percent. Therefore, I respectfully re- dramatically Federal investment in from Florida (Mr. MICA) and the rank- quest that the Federal Aviation Ad- our aviation system. ing member, the gentleman from Or- ministration and Congress take under As we all know, the country has un- egon (Mr. DEFAZIO), and the ranking advisement such capacity and growth dergone fundamental changes since the member of the full committee, the gen- issues and give appropriate consider- enactment of AIR 21; and few, if any, tleman from Minnesota (Mr. OBER- ation in awarding grants under the Air- industries have been so directly af- STAR), whose knowledge of the aviation port Improvement Program for air- fected by our new circumstances. The system we all admire so much, and our ports that are experiencing major legislation we have on the floor today great chairman, the gentleman from growth. Specifically, I ask the FAA to is important because it builds on the Alaska (Mr. YOUNG), for this bill. take under strong consideration the accomplishments of AIR 21 and helps As the gentleman from Florida (Mr. needs for runway rehabilitation in our aviation system adapt to new MICA) mentioned, I had the privilege of these airports across the country that changes. Air transport is a large and chairing the Subcommittee on Avia- are impacted by rapid growth. very important part of the U.S. econ- tion for 6 years; but I cannot tell you I ask the gentleman from Minnesota omy, and safety is a focus of not only how much I admire and respect the (Mr. OBERSTAR), the ranking member, the industry itself but of this bill. work that the gentleman from Florida we as members of the Subcommittee on The central feature of this bill is that (Mr. MICA) has done. No one could have Aviation and the full committee have it continues protections for the avia- done a better job as chairman of that worked hard to produce an aviation re- tion trust fund that we achieved with subcommittee. And I certainly appre- authorization bill that will sustain AIR 21. These procedural protections ciate all the work he has done because growth and enhance capacity as well as which ensure the revenue generated by that subcommittee has to deal with address ongoing safety needs. Pro- aviation taxes will be dedicated solely some very difficult and contentious viding much-needed resources to these to aviation improvements have had a issues at times, and that has been par- growing airports across the country is substantial and positive effect on Fed- ticularly so over the last couple of within the principle and spirit of this eral investment levels in aviation. In years. aviation reauthorization bill. the first year of AIR 21 alone, funding This bill continues what I think was Mr. OBERSTAR. Mr. Chairman, will for the Airport Improvement Program very good work that we did in the AIR the gentlewoman yield? increased by $1.3 billion. Funding for 21 legislation that I had the privilege Ms. MILLENDER-MCDONALD. I the Facilities and Equipment Program to work on while I was chairman of the yield to the gentleman from Min- increased by $700 million in the first subcommittee. I especially want to nesota. year. This bill maintains a strong focus on mention, as the gentleman from Or- (Mr. OBERSTAR asked and was given safety. It sets us on a path that will egon (Mr. DEFAZIO) did, the environ- permission to revise and extend his re- allow us to accommodate the contin- mental streamlining provisions, be- marks.) ued growth of the system that we ex- cause we have had so many hearings Mr. OBERSTAR. Mr. Chairman, I commend the gentlewoman from Cali- pect and we desire. that said projects were costing three So I thank the gentleman from Alas- times as much as they should and tak- fornia (Ms. MILLENDER-MCDONALD) for ka (Mr. YOUNG) and the gentleman her persistence and continuous leader- ing an average of 10 years to complete from Florida (Mr. MICA) for their ef- ship on this capacity issue, as well as because of convoluted and confusing forts in getting this bill to the floor. many other transportation matters environmental rules. And I would like to take note of my ap- within the jurisdiction of our com- I know the main runway at the At- preciation for their inclusion of a pro- mittee. lanta airport took 14 years from con- vision affecting our air traffic control- Resources for airport growth is an es- ception to completion, but only 99 days lers and flight attendants. Once again, sential feature of this legislation. The of actual construction. I urge a positive vote on this measure. gentlewoman has worked very hard and I appreciate the provisions in regard Mr. DEFAZIO. Mr. Chairman, I yield to general aviation which is so impor- reminded the committee of these ca- 2 minutes to the gentlewoman from In- tant to this Nation’s economy, and pacity requirements over the coming diana (Ms. CARSON). small and medium-sized airports, be- years. The bill specifically improves Ms. CARSON of Indiana. Mr. Chair- cause that is vital to areas like mine. those funding measures substantially man, I would like to first and foremost I want to thank the gentleman from over even AIR 21 and previous legisla- commend the leadership of the Com- Florida (Mr. MICA) for the provisions tion. mittee on Transportation and Infra- concerning Midway Island and making Five years ago, Congress provided only structure, the gentleman from Alaska that eligible for AIP funding because $1.9 billion for the airport improvement pro- (Mr. YOUNG) and the gentleman from that is something that means so much gram (AIP). In AIR 21, we substantially in- Minnesota (Mr. OBERSTAR), and those to so many veterans. creased AIP funding. Flight 100 builds upon who are ranking here representing this Finally, to the National Safe Skies the success of AIR 21 and continues to grow Flight 100, in recognition of the flight Alliance, which has done so much work the program to meet anticipated capacity of the Wright brothers’ incredible and on aviation safety and security. I urge issues. In total, the bill provides $14.8 billion ingenious invention, an item that support for this bill. for AIR over 4 years, $1.2 billion more than seeks to annihilate space and cir- Mr. DEFAZIO. Mr. Chairman, I yield the Administration’s request. Airport develop- cumscribe time. 2 minutes to the gentlewoman from ment funding will grow from the current level I am particularly pleased that the California (Ms. MILLENDER-MCDONALD). of $3.4 billion to $4 billion in FY 2007. More- protection for the air traffic control- Ms. MILLENDER-MCDONALD. Mr. over, these funds are guaranteed under flight lers has been contained in this major Chairman, I rise to engage the gen- 100. piece of legislation. Individuals who tleman from Minnesota (Mr. OBERSTAR) With Flight 100, we will continue to make lowered 4,000 flights without incident in a colloquy. headway toward addressing our enormous air- on 9–11 certainly need to be protected As the senior member on the Sub- port development needs. for their good work and their expertise. committee on Aviation from Cali- Mr. MICA. Mr. Chairman, I yield 2 Mr. Chairman, I had wanted very fornia, I wish to bring to the attention minutes to the gentlewoman from New badly to have an amendment in here, a of this body the rapidly developing York (Mrs. KELLY), who is also a senior sense of Congress that would encourage public air travel access and passenger member of our Subcommittee on Avia- the Department of Transportation to capacity needs at certain airports tion. give preference to new entrants into across the country. Mrs. KELLY. Mr. Chairman, my pur- the aviation market in terms of dif- With national growing capacity pose in rising is to express my strong ferent routes that will eventually cul- needs and growth issues, airports must support for the passage of H.R. 2115, minate in this particular legislation. address attendant safety factors. In Flight 100. While I support the major airline in- 2002, Long Beach Airport was the fast- Three years ago, we passed landmark dustry in this country, and use them est-growing commercial airport in the legislation under the chairmanship of twice a week, I think it would be bene- country at an annual growth rate of 300 Chairman SHUSTER, which increased ficial to be very consumer friendly to

VerDate Jan 31 2003 01:47 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.054 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5205 allow some of your lesser-known car- our Nation’s communities have access Mr. Chairman, I rise today in support riers to be new entrants into this mar- to the network. I strongly support H.R. of this bill. In December of 1903, on the ket to enable them to fly to, say, 2115 and look forward to its passage sands of Kitty Hawk, North Carolina, Washington Reagan National Airport today. the Wright brothers achieved the milestone of manned, controlled, powered at a more consumer-friendly cost than b 1415 what we are having to pay at present. flight, and with that historic first And we would trust that the Depart- Mr. DEFAZIO. Mr. Chairman, I yield flight, the aviation age was born. Since ment of Transportation would look at 21⁄4 minutes to the gentleman from New that time, the Federal Aviation Ad- that as a possibility as this measure Jersey (Mr. PASCRELL). ministration has developed alongside goes forward. Mr. PASCRELL. Mr. Chairman, I rise the aviation industry. We are here Mr. Chairman, I commend those who today in strong support of the Century today obviously working on a 4-year worked laboriously to ensure the pas- of Aviation Reauthorization Act, and I reauthorization of that government sage, and I support the passage of want to commend the gentleman from agency. Flight 100. Florida (Mr. MICA) and the gentleman The FAA does a lot of good things, Mr. MICA. Mr. Chairman, I yield 2 from Oregon (Mr. DEFAZIO) because but like every government agency, the minutes to the gentleman from Texas they have stressed so specifically the FAA needs to be a good steward of tax- (Mr. BURGESS), a member of the full need for security in our airports, and payer dollars. While the Subcommittee committee. they have worked diligently on that on Aviation was considering this bill, Mr. BURGESS. Mr. Chairman, I subject in terms of their leadership. we heard from the General Accounting thank the gentleman for yielding me Working in a bipartisan manner, the Office about $5.4 million in government time. committee has done an admirable job credit card, also known as purchase Mr. Chairman, I am pleased to join forging reasonable compromises on cards, abuses by the employees of the my colleagues in support of H.R. 2115. many issues. In the past 18 months, the FAA. Some examples of that abuse in- A vibrant and strong aviation industry Congress and the American people have clude purchase of Palm Pilots and ac- is critical to our Nation’s long-term made airport security and airline sta- cessories such as keyboards and leather economic growth. Over 10 million peo- bilization the primary focuses of avia- cases from Coach costing almost ple are employed directly in the aviation policy, and it is fitting to focus on $67,000. They also uncovered individual tion industry. For every job in the our aviation capacity and safety needs subscriptions to Internet service pro- aviation industry, 15 related jobs are again. viders totaling $17,000; store gift cards produced. The Airport Improvement Program to places like Home Depot, WalMart, The aviation industry accounts for funding authorized in this bill will and there are several other examples. over $800 billion of the country’s gross have the added benefit of putting peo- In their report, the GAO made a domestic product. Just as the aviation ple to work in a time of 6.1 percent un- number of recommendations to industry is a catalyst for growth in the employment. One issue that remains a strengthen FAA’s internal controls of national economy, airports are a cata- top priority for me is funding for the this purchase card program and de- lyst of growth for their local commu- national airspace redesign in the oper- crease wasteful spending and improve nities. Airports create over $500 billion ations and maintenance account. accountability. I offered an amend- in economic activity and directly em- With a national airspace that looks ment during consideration of this bill ploy 1.9 million people. Almost 2 mil- as if it was designed in the time of the to direct the FAA administrator to im- lion people a day and 38,000 tons of Wright brothers, AIR 21 did a good job plement the GAO’s recommendations cargo pass through our Nation’s air- of providing funds to stop the com- and then report back to Congress in 1 ports each day. prehensive design. H.R. 2115 allows that year and tell us how they are doing, The aviation industry is important work to continue. and I am happy to report that the to me and my constituents in the 26th In 1998, FAA administrator Jane Gar- amendment was adopted. district of Texas. The Dallas-Fort vey came to Newark airport and an- Mr. Chairman, I believe we need to be Worth Airport and American Airlines nounced that the National Airspace better stewards of taxpayer dollars, are headquartered in my congressional Redesign would begin in the New York/ and this small step will lead us in the right direction. The FAA is committed district. In my district alone, the avia- New Jersey/Philadelphia region. I know to a sound purchase card program and tion industry directly and indirectly that the FAA is still working on that is taking action to strengthen controls, employs over 50,000 people. segment of the design, and they hope Aviation also links our Nation’s citi- to have a draft environmental impact but we have an obligation to ensure that the FAA takes the necessary steps zens and communities to the national statement next year. to manage their purchase card program and world marketplace. Without access The completion of the redesign will benefit Newark Liberty International responsibly. to integrated air transportation net- Mr. Chairman, I think this is a good Airport immensely by reducing delays, works, communities cannot attract the bill, and I urge my colleagues to sup- and it could potentially benefit New investment necessary to grow or allow port it today. Jersey residents with air noise reduc- homegrown businesses to expand. A Mr. DEFAZIO. Mr. Chairman, could I modern and fully funded aviation net- tion. inquire of the Chair as to the time work is fundamental to making sure Let me reiterate a point included in available on each side? that all Americans can participate the committee report, if I may, that re- The CHAIRMAN. The gentleman fully in the economy. minds the FAA that environmental from Oregon (Mr. DEFAZIO) has 101⁄4 Airports are economic development streamlining provisions in the legisla- minutes remaining, and the gentleman engines. Airport development is a real tion have not been drafted to under- from Florida (Mr. MICA) has 15 minutes economic stimulus that creates both mine the National Environmental Pol- remaining. immediate jobs and long-term eco- icy Act and we also worked that out. I Mr. DEFAZIO. Mr. Chairman, I yield nomic development. Once this bill is urge the House to improve this impor- 2 minutes to the gentlewoman from enacted, my constituents will have the tant legislation. Texas (Ms. EDDIE BERNICE JOHNSON). tools and resources necessary to at- Mr. MICA. Mr. Chairman, I am Ms. EDDIE BERNICE JOHNSON of tract even more air service-related eco- pleased to yield 2 minutes to the gen- Texas. Mr. Chairman, let me express nomic development, and most impor- tleman from Indiana (Mr. CHOCOLA), an my appreciation for the extraordinary tantly, further expand their connec- outstanding new Member and also the leadership of this Committee on Trans- tions to the national and global econ- vice chair of our subcommittee who is portation and Infrastructure and this omy. doing a great job. subcommittee in general in working Mr. Chairman, the FAA reauthoriza- Mr. CHOCOLA. Mr. Chairman, I want together to formulate this bill, and I tion bill meets the challenges facing to thank the gentleman for yielding me especially would like to voice my sup- our Nation’s aviation system: increas- the time. I also want to commend the port for section 420 of the bill which ing security, expanding airport safety distinguished chairman for his good has important implications for the and capacity, and making sure all of work on this bill. aviation safety.

VerDate Jan 31 2003 01:47 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.058 H11PT1 H5206 CONGRESSIONAL RECORD — HOUSE June 11, 2003 Over the last several weeks, I have improve the EAS program. The gen- I appreciate the courtesy of the sub- heard from aviation repair stations in tleman from Kansas (Mr. MORAN) committee in including these provi- the Dallas/Fort Worth area that have worked very hard on this program, and sions in the bill to at least start some told horror stories about the manufac- I thank him for his efforts. cooperation between the modes, and turers refusing to make critical main- EAS provides air service to rural air- hopefully in the future we can break tenance data available. I was contacted ports that would normally not be able down those barriers further and make by one repair facility located in the to support a commercial air carrier in more progress to truly having an inte- Fort Worth area that has had firsthand their community. In my District, grated, seamless transportation system experience with the problem that sec- Boone County Airport in rural Har- with airplanes, the critical role that we tion 420 seeks to remedy. rison, Arkansas depends on the EAS know that it needs for tomorrow’s fu- In 1999, one of the manufacturers program for commercial service. The ture. whose products the facility is author- continuation and full funding of EAS is Mr. MICA. Mr. Chairman, I am ized to maintain was charging just necessary for these rural communities. pleased to yield 2 minutes to the gen- under $5,000 to keep three maintenance They simply cannot afford to pay a tleman from Kansas (Mr. MORAN), who manuals current for 3 years. Now that high-cost share to sustain service, and is a member of our subcommittee who same manufacturer is charging more above all, they cannot afford to lose represents probably the largest avia- than $20,000 to keep those manuals cur- service. tion manufacturing facility, and does rent for just 1 year. That price increase H.R. 2115 adequately funds the EAS it so well, in the United States. is outrageous and unwarranted, and program and creates a community Mr. MORAN of Kansas. Mr. Chair- this is just one example of aviation choice program that will allow commu- man, I thank the gentleman from Flor- manufacturers taking advantage of the nities to take ownership. ida (Mr. MICA) and the committee staff small businesses, and small businesses I ask support for the legislation. for the opportunity to be here today hire more people in Texas than any Mr. DEFAZIO. Mr. Chairman, I yield and for the quality piece of legislation other type of business. 2 minutes to the other gentleman from that addresses many important con- Mr. Chairman, we cannot sit by and Oregon (Mr. BLUMENAUER). cerns back home to the State of Kan- allow manufacturers to deny access to Mr. BLUMENAUER. Mr. Chairman, I sas. critical maintenance information, so thank the other gentleman from Or- I am grateful for the opportunity that we can keep our planes safe for egon for his courtesy. that we have had to work together, the skies. We cannot sit by as the FAA Mr. Chairman, the modern airport is particularly in regard to Essential Air fails to enforce its own regulations. a building block of a livable commu- Service reform. This is maybe the most Section 420 will remedy this situation nity. Air transportation is essential to significant reform we have had since this program was created 25 years ago. if it is allowed, and, in turn, we will cities being competitive in a global The EAS provisions included in this improve aviation safety and security. economy and being integrated into the bill give small and rural communities a Mr. MICA. Mr. Chairman, I am national transportation framework. greater role in the EAS process. Be- pleased to yield 21⁄4 minutes to the gen- It is time for us to start making sides preserving its funding, it will also tleman from Arkansas (Mr. BOOZMAN), plans for what the role of airports allow small communities to better tai- one of our most active members on our should be in the future so that they do lor their local air service to their subcommittee. not pose a threat to livability and are unique individual needs. It is vital Mr. BOOZMAN. Mr. Chairman, I rise truly integrated with other modes of small communities across the country today in support of H.R. 2115, and I transportation. remain connected to the national air commend the gentleman from Alaska The manager’s amendment contains two items I think can help point the network. (Mr. YOUNG), the gentleman from Flor- This legislation also provides in- way towards better, long-term integra- ida (Mr. MICA), the gentleman from creased funding for the AIP, Airport tion among aviation, rail, and surface Minnesota (Mr. OBERSTAR), and the Improvement Program, that is essen- modes. First, there is an effort to clar- gentleman from Oregon (Mr. DEFAZIO) tial in maintaining our Nation’s air- for their efforts to bring this legisla- ify and publicize how passenger facility ports, both large and small, and con- tion to the floor. charges can be used to assist in the de- tinues funding for our Nation’s con- H.R. 2115 protects the needed invest- velopment of ground access projects. tract tower program, a vital program ment in our aviation system, and while For too many people, the worst part of that improves the safety for small doing so, it addresses the needs of our the trip is trying to get to and from community airports. small communities. Most of us here in the airport. Mr. Chairman, one section of the bill Congress represent small community Second, there is a provision that re- that remains a concern to me is section airports. There are only a few airports quires plans for airport and runway 420 that addresses the availability of the size of Chicago, Atlanta, or Los An- construction and expansion to be maintenance information. This provi- geles. In fact, over 60 percent of our shared between the airports and the sion has some economic ramifications airports are small airports. metropolitan planning organizations. for aviation manufacturers. We dis- That is why it is so important that Currently, there is no guarantee that cussed this issue in the full committee H.R. 2115 continues the Small Commu- the aviation and surface transportation markup, and I appreciate my col- nity Air Service Development Pilot agencies are even talking to each league’s continued involvement and his Program. This program is devoted to other, let alone actually planning to- responsiveness to the issue I have developing air service to smaller com- gether. raised. The manager’s amendment that munities. Fort Smith, Arkansas Re- A sound transportation process in- the gentleman has offered will address gional Airport, from my District, was cludes all the players and respects some of the concerns. However, a cou- fortunate enough to be one of the 40 their obligations and responsibilities, ple of key safety and liability issues re- airports selected to participate in this and it will work to the benefit of all. main to be resolved. program. I am pleased to report that Twelve years ago, with the ISTEA Mr. Chairman, as my colleagues the program has been instrumental in legislation, Congress started a revolu- know, I drafted an amendment that I enhancing air service in Fort Smith. tion in how our communities’ transpor- think would be a satisfactory com- They are truly a success story. The tation services are provided. It gave promise on this issue, which I will not continuation of the Small Community local communities more flexibility and offer, but would ask for the gentle- Air Service Pilot Program is very im- provided strong signals that it made man’s continued support and discus- portant to small airports. sense to plan comprehensively and to sion as we try to find satisfactory reso- Another feature of this bill that work intermodally. It is time for us to lution to this issue that is very impor- works to support needs of small com- think about the next step of the trans- tant to the aviation manufacturing in- munities is the continuation of Essen- portation revolution as it relates to dustry. tial Air Service. I commend the entire aviation, and extend these concepts to I again thank the gentleman for all Committee on Transportation and In- the other interrelated modes of rail, the efforts that he has put into this frastructure for working together to aviation and surface transportation. legislation.

VerDate Jan 31 2003 01:47 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.060 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5207 b 1430 issue, I think we should be reluctant to inter- unique circumstances. The options are Mr. MICA. Mr. Chairman, will the vene in the marketplace. I still believe we nonexistent, no driving, no highways, gentleman yield? should first ask the FAA to study this issue in no rail, no trains, no Amtrak subsidies, Mr. MORAN of Kansas. I yield to the order to define the key terms of this legisla- no ferries, cannot do that. It is air- gentleman from Florida. tion. Why pull the trigger without asking ques- plane, period. Mr. MICA. Mr. Chairman, I do appre- tions first? We are also in a very difficult period ciate the serious concerns that the gen- Mr. Chairman, I drafted an amendment that of adjustment in our interisland air tleman from Kansas has raised relating I believe is an amenable compromise on this travel. One airline is now in bank- to the repair manuals and other infor- issue. However, rather than offer an amend- ruptcy so we face the possibility of a mation that should be made available, ment on a little-known and complex issue, I monopoly with fees increasing and ca- and we will work with the gentleman ask that you continue to work with me, the air- pacity reducing. We do have EAS des- to make sure that the concerns raised craft manufacturers, and the repair station in- ignation for three extremely rural air- are addressed. dustry, so a mutually agreed upon com- ports in Hawaii, and that is very appro- Mr. MORAN of Kansas. Mr. Chair- promise—one that satisfies all parties—can be priate; but I could easily make the ar- man, I thank the gentleman from Flor- crafted during conference. I specifically ask for gument that all Hawaii airports, big or ida. you commitment to address the following small, rural or urban, are essentially Mr. Chairman, let me begin by thanking you issues: EAS airports. for your efforts in drafting H.R. 2115, the Flight (1) For safety purposes, language to protect In conclusion, I simply want to high- 100—Century of Aviation Reauthorization Act. manufacturer oversight; light the absolute necessity of EAS to This legislation is vital for the continuation of (2) Manufacturer liability concerns; States like Hawaii. our nation’s aviation system. (3) In keeping with the current scope of the Mr. MICA. Mr. Chairman, I yield 2 I would like to thank you, Aviation Sub- regulation, to include in section (a) the terms minutes to the gentleman from Mon- committee Chairman MICA, and the Committee ‘‘type certificate holder,’’ ‘‘supplemental type tana (Mr. REHBERG), the former lieu- staff for your assistance in creating a quality certificate holder,’’ and ‘‘amended type certifi- tenant governor of the State of Mon- piece of legislation that addresses many im- cate holder’’; and tana. portant concerns for state of Kansas. (4) The definition of ‘‘design approval hold- Mr. REHBERG. Mr. Chairman, I I am grateful for the opportunity to work with er.’’ thank the gentleman for recognizing you in crafting the most significant Essential Again, I sincerely thank you and your staff the differences between districts. The Air Service (EAS) reform since the program’s for adopting the language contained in the gentleman from New York (Mr. CROW- inception twenty-five years ago. The EAS pro- manager’s amendment—this is definitely a LEY) is going to be speaking, and I visions included in this bill give small and rural step in the right direction. Mr. Chairman, want to highlight why essential air communities a greater role in the EAS proc- again, thank you for your consideration and service is important to the State of ess. Besides preserving funding, it will allow your assistance. Montana. small communities to better tailor their local air Mr. DEFAZIO. Mr. Chairman, I yield The gentleman from New York had service to their unique individual needs. It is 2 minutes to the gentleman from Ha- to come all of the way to the State of vital that small communities across the country waii (Mr. CASE). Montana to find his future wife, but remain connected to the national air network. Mr. CASE. Mr. Chairman, I thank the our districts could not be more dis- Their legislation provides increased funding committee for what I think is a good similar. He represents 75 square miles for the Airport Improvement Program (AIP)— bill. My purpose in rising today as this with LaGuardia in the middle. My dis- essential in maintaining our nation’s airports— bill goes forward is simply to highlight trict spans the distance from Wash- both large and small. Also, this bill provides the absolute dependence on some parts ington, D.C. to Chicago. Washington, continued funding for our nation’s contract of our country on air service, and thus D.C. to Chicago. We have eight commu- tower program—a vital program that dramati- the absolute importance of the essen- nities. When I travel back to my dis- cally improves the safety of small community tial air services portion of the law and trict, it takes me 7 hours to get to my airports. of this bill, and also the necessity as district by air. I jump in a car, and just Mr. Chairman, one section remains that still we go forward of avoiding one-size-fits- to get to one of the communities to concerns me—Section 420—the section that all thinking when we deal with the have a listening session on an Indian addresses the availability of maintenance in- problems of our rural communities in reservation, it takes me another 6 formation. As you know, this is a controversial addressing EAS. hours to drive. We need essential air. provision because of its dramatic economic In fact, imagine a district in which This country made a commitment in ramifications for aviation manufacturers— air service is truly indispensable to rail many years ago. It made a com- many of whom, I might add, are laying off providing the basic necessities, to mitment in our interstate system workers and temporarily closing their produc- transporting residents, to providing many years ago, and it made a commit- tion lines. Aviation manufacturing is vital to the emergency medical service, and to the ment to essential air service. I cannot Kansas economy. It is our second largest in- survival and prosperity of our number think of a more appropriate name than dustry behind agriculture. Also, more than 60 one industry, tourism, and several essential air service. percent of the general aviation aircraft pro- other important industries based on, When I came to Congress, I said I duced in the United States originates in Kan- for example, agricultural exports. want to know about other people’s dis- sas. We discussed this issue during the Full That is Hawaii today, and that is my tricts so I know what kinds of things Committee markup and I am appreciative of second district, a district that has all they are confronted with. I can see the your continue involvement and your respon- of Hawaii other than urban Honolulu problem between islands that the gen- siveness to the issues I raised. The manager’s and is composed of seven inhabited is- tleman from Hawaii spoke about. Peo- amendment does address my concerns with lands. It is absolutely unique. ple cannot swim necessarily between the bill’s language addressing the cost of Let me give an example of how this islands. Do you want grandmother and maintenance manuals. fits into one-size-fits-all thinking. A grandpa driving 324 miles to get to the I continue to have concerns with Section great deal of discussion is given in es- hospital? They have no alternatives. 420 because we have not held a hearing on sential air services to how far airports They cannot get on Amtrak; they can- the issue, we have not heard from the FAA or are apart from each other, and both the not call a cab and ride 324 miles to see the NTSB on the issue, and no one has gentleman from Pennsylvania (Mr. PE- their doctor. We need essential air shown me evidence that this provision will ad- TERSON) and the gentleman from Penn- service. This committee and this Con- dress a safety problem, if one in fact exists. sylvania (Mr. PITTS) are offering gress has made that recognition Also, I have yet to see evidence that manufac- amendments which I fully support through this bill, and I hope Members turers are over-charging for these manuals. which deal with how far is an airport. will look favorably upon the bill; and I If the case has not been made that such an Well, the airport on Molokai is some- thank the gentleman from Florida (Mr. immediate safety issue exists, why is Con- where around 40 miles from Honolulu MICA) for his hard work on this bill, gress getting involved in the economic regula- International Airport. Not too far, but and I thank the gentleman from New tion of the aviation industry? Mr. Chairman, there is no road. No road. It is on an- York (Mr. CROWLEY) for taking his wife unless it an urgent and significant safety other island, so we have to think about and moving her to New York.

VerDate Jan 31 2003 01:47 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.062 H11PT1 H5208 CONGRESSIONAL RECORD — HOUSE June 11, 2003 Mr. DEFAZIO. Mr. Chairman, may I Mr. MICA. Mr. Chairman, will the issues that the gentleman raised have inquire as to the time remaining. gentleman yield? been raised by other Members, and we The CHAIRMAN. The gentleman Mr. CROWLEY. I yield to the gen- will try to right-size and correct some from Oregon (Mr. DEFAZIO) has 41⁄2 tleman from Florida. of the problems with TSA and aviation minutes remaining, and the gentleman Mr. MICA. Mr. Chairman, I thank the security. from Florida (Mr. MICA) has 9 minutes gentleman for raising this important Mr. DEFAZIO. Mr. Chairman, I yield remaining. issue before the House, and I look for- 21⁄2 minutes to the gentlewoman from Mr. DEFAZIO. Mr. Chairman, I yield ward to working with him to come to a the District of Columbia (Ms. NORTON). 1 2 ⁄2 minutes to the gentleman from New fair solution to the problem raised by Ms. NORTON. Mr. Chairman, I thank York (Mr. CROWLEY). him. the gentleman for yielding me this Mr. CROWLEY. Mr. Chairman, I Mr. Chairman, I yield 2 minutes to time, and I thank the gentleman from would like to respond to the gentleman the gentleman from Nebraska (Mr. Minnesota (Mr. OBERSTAR), the gen- from Montana (Mr. REHBERG), but I do TERRY), a former member of the Com- tleman from Florida (Mr. MICA), and not have the time to do it right now. mittee on Transportation and the In- I rise to engage in a colloquy with the chairman of the full committee for frastructure. the bipartisan way in which they have the gentleman from Oregon (Mr. Mr. TERRY. Mr. Chairman, I rise in DEFAZIO) and the gentleman from Flor- put together a very good bill. support of this important bill. It con- Mr. Chairman, I ask Members to ida (Mr. MICA) and call attention to the tinues the philosophy embraced in AIR serious issue of noise pollution and the imagine their own district if general 21, which accomplished two significant aviation or charters had been closed effects of airport noise in the commu- things. First of all, it recognized the nities surrounding LaGuardia Airport down since 9–11. Whether Members are importance of the infrastructure of our from a small or large area, there would in Queens and the Bronx, New York, as airports and the necessity to modernize well as the other communities sur- have been a demonstrable effect on the and expand. I am proud that this bill economy, and, indeed, on your way of rounding the four airports of the Port embraces that philosophy. The Omaha Authority of New York and New Jer- life. And the last place one would ex- Epplay Airport at one time was one of pect that to happen is in the Nation’s sey. the fastest growing airports in the Mid- To date, the Port Authority of New capital; but that is what has happened west and certainly requires additional York and New Jersey has continually at Reagan National Airport, even infrastructure. refused to provide for residential though this area is a huge economic Also in regard to safety, once you are soundproofing for these homes or to engine for the country because of the in the air with the capacity that is nec- undertake a part 150 noise compat- high-tech and other employers located essary to move people back and forth ibility study, which would allow the here. And, of course, this is where the in today’s economy, it is necessary Port Authority to tap into tens of mil- Nation’s capital is located. that we modernize in that area; and I lions of Federal noise abatement dol- I want to thank the gentleman from am proud that this bill continues to lars for residential soundproofing. Alaska (Mr. YOUNG) and the gentleman modernize and make air travel even If one looks at the 10 largest airports from Florida (Mr. MICA) for having sup- in America, all of them spend money safer. I do, however, have concerns about ported the reopening of general avia- on residential soundproofing except the tion at Reagan National after listening Port Authority of New York and New what I call the ‘‘front end security’’ in our airports. That is a variety of dif- to all of the security concerns, includ- Jersey, which governs LaGuardia Air- ing secured briefings. General aviation port, Kennedy Airport, Teterboro Air- ferent issues that, I think while the gentleman is helping air travel with is up and operating everywhere else in port, and Newark Airport. the United States. Yes, at Dulles from While the Port Authority has con- this bill, I worry that with the convoluted, confusing airport security in whence the Pentagon plane came, at tacted me to state they would be will- New York where the Twin Towers were ing to work with my office and our our airports today that we are not chasing passengers away. The number struck, and at BWI. Why is it not up congressional delegation, including the here, especially when the Reagan con- gentleman from New York (Mr. ACKER- of airports that I have walked through since we have adopted airport security, tractors have said they will submit to MAN), the gentlewoman from New York any plan imposed by the Transpor- (Mrs. LOWEY), and the gentleman from I see the number of screeners and baggage handlers more than double, but tation and Safety Agency? None has New York (Mr. WEINER), to address been forthcoming. these noise problems, it is my hope and what I see is longer lines. From my Mr. Chairman, there is a plan. We the hope of the communities sur- view, just as efficient, if not less effi- know there is a plan, and we know that rounding LaGuardia Airport that they cient, airport screening. I see different the TSA was about to offer a plan more will begin residential soundproofing of rules from one airport to another in re- than a year ago; but no plan has been homes. gard to how they handle baggage and That is why I would like to address requirement of IDs. published. I had an amendment that this issue and request assistance to I have heard from many of my con- said publish a plan and let us speak on work with me on crafting report lan- stituents complaints about the arro- it. No one would compel them to put a guage to make the Port Authority of gance of those people now checking the plan in operation. General aviation is New York and New Jersey a better and bags and the difficulties that they have not closed. It must be kept open for the more responsible neighbor, so they will had. We did not hear those types of sto- convenience of the government. There- address noise problems created at their ries before. Maybe some of that comes fore, there are two employees there for airports, especially as they affect resi- from the fact that the Federal security the convenience of Federal and State dents living near these airports. directors in these airports are mostly and local takeoffs and landings. Mr. DEFAZIO. Mr. Chairman, will the retired military. The lesson from 9–11 is that security gentleman yield? Mr. Chairman, are these issues going takes place on the ground or else it Mr. CROWLEY. I yield to the gen- to be addressed by the committee? does not take place at all. We have tleman from Oregon. Mr. MICA. Mr. Chairman, I yield my- some fail-safes for planes. But general Mr. DEFAZIO. Mr. Chairman, I com- self 30 seconds to answer the gentle- aviation or charters, it would be easy mend the gentleman from New York man’s question. enough to impose absolute measures: (Mr. CROWLEY) on his fierce advocacy Mr. Chairman, I want to assure the special screening, limited takeoffs and on this issue and the fact that we are gentleman from Nebraska that while landings. I could go on and on. We can- beginning to see some movement on we do not address in this particular not allow 9–11 to shut down any part of the part of the Port Authority. It is as- legislative measure before us today se- the national economy. They have al- tounding they have not undertaken curity issues raised by the gentleman, ready done so here. It is a notch in such a study. I want to continue to they will be addressed in a separate their belts; let us take that notch work with the gentleman and the Chair piece of legislation that is now pend- away. and others to see that we begin to ing, consideration by leadership and Mr. MICA. Mr. Chairman, I yield 2 move ahead on this issue. homeland security. Certainly all of the minutes to the gentleman from North

VerDate Jan 31 2003 01:47 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.064 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5209 Carolina (Mr. HAYES), a very knowl- dicates provision of the credits should portant to our economy but important edgeable member and a pilot who be ‘‘consistent’’ with the Clean Air to so many economies throughout the serves on our subcommittee. Act, the current construction may be country. It does not make sense to b 1445 subject to misinterpretation. It may keep general aviation closed. also be in conflict with the present Mr. MICA. Mr. Chairman, I yield my- Mr. HAYES. Mr. Chairman, as a per- statutory role of the Environmental self the balance of my time. son with an experienced perspective on Protection Agency under the Clean Air Mr. Chairman, I want to thank again aviation and the role of aviation in Act. Therefore, I would seek the gen- the gentleman from Minnesota (Mr. promoting economic investment, I tleman’s assurances that the Energy OBERSTAR), the gentleman from Oregon want to thank the gentleman from and Commerce Committee’s interests (Mr. DEFAZIO), and particularly the Florida (Mr. MICA), the gentleman from will be protected in conference and gentleman from Alaska (Mr. YOUNG) Alaska (Mr. YOUNG), the gentleman that any final legislative language re- for their leadership in putting this leg- from Minnesota (Mr. OBERSTAR), and garding section 521 be subject to the re- islation together. There are a number the gentleman from Oregon (Mr. view and concurrence of the committee of difficult issues. I particularly again DEFAZIO) for their leadership in work- that I serve on. want to reiterate thanks to the staff ing with Members to craft this excel- Mr. MICA. Mr. Chairman, will the who have worked long and hard to lent current legislation which I strong- gentleman yield? bring this measure in rapid order be- ly support. Mr. BARTON of Texas. I yield to the fore the House of Representatives. Modernization of the air traffic con- gentleman from Florida. Mr. Chairman, this is a vital piece of trol system through an innovative fi- Mr. MICA. The gentleman has my as- legislation. I think all we have to do is nancing program that they have in- surances that this will be the case and look back on the events of September cluded in this bill is very helpful to that I will work with the gentleman to 11. If you took American aviation for provide the kind of safety that we seek see that the appropriate changes are granted, certainly that day was an in our air traffic control. Keeping air made in conference. awakening. Every day since September traffic control from being privatized is Mr. BARTON of Texas. I want to 11, we have struggled to get back on very important. We have done that in thank the gentleman from Florida for our feet. We have seen the hundreds of this bill. Funding. Providing signifi- his assurances and look forward to thousands of jobs that have been lost cant increases in the AIP, Airport Im- working with him during the upcoming in our economy as a result of damage provement Fund, is important. We conference. done not only by the events of Sep- have done that. Streamlining provi- Mr. MICA. Mr. Chairman, I am tember 11 but the struggling difficul- sions which allow for runways and ex- pleased in the spirit of bipartisanship, ties of our major air carriers. We take pansion to be accelerated without com- the good spirit in which the legislation aviation for granted in this United promising any of our environmental has been crafted together with both States. It has provided a magic carpet, concerns is in this bill and vitally im- sides of the aisle, to yield 1 minute to a way of life unknown by any people portant to helping alleviate future con- the gentleman from Virginia (Mr. who have ever walked the face of this gestion in the system. MORAN). All of these and many other provi- Mr. MORAN of Virginia. Mr. Chair- Earth, but it has become a part of the sions included in the bill will strength- man, I thank the very distinguished very fabric of our society. This legisla- en the aviation industry, our transpor- subcommittee chairman not just for tion will set our policy for the next 4 tation system, and will grow our econ- yielding me this time but for the fact years as far as aviation, so it is very omy for future generations. that this committee, I understand, has important. Mr. Chairman, I appreciate the ef- really been pretty fair to the Wash- We heard from the gentleman from forts, I appreciate the attention that ington area, because I know the pres- Virginia and the gentlewoman from the was paid to the fine personnel who op- sure that is on the committee with re- District of Columbia how a closedown erate the finest and safest air traffic gard to National Airport, to expand the in just general aviation has affected control system in the world, and I ap- slots not just incrementally but expo- the Nation’s capital and the areas they preciate Members’ support for this bill. nentially because everyone would like represent. We cannot have that any- Mr. MICA. Mr. Chairman, I yield 2 the convenience of National Airport where. We are willing to work with minutes to the gentleman from Texas and a lot of the airlines would like them and work with all to make cer- (Mr. BARTON). transcontinental flights. tain that we restore this vital industry, Mr. BARTON of Texas. Mr. Chair- But we have a very serious concern. I that we restore jobs and that we pro- man, I would like to engage the gen- know the chairman knows that, I know tect a way of life for the American peo- tleman from Florida in a colloquy con- the gentleman from Minnesota (Mr. ple. That is, to travel again in a man- cerning section 521 of H.R. 2115. OBERSTAR) is aware of that and the ner in which only we can think about Section 521 concerns what is known gentleman from Alaska (Mr. YOUNG), today and only 100 years ago the as ‘‘general conformity’’ under the all of the people that have been in- Wright brothers could dream about. Clean Air Act. As reported from the volved in this know that there was an Mr. TOM DAVIS of Virginia. Mr. Chairman, Committee on Transportation and In- agreement signed back in 1986 where I rise to voice my concerns over this legisla- frastructure, the provision would re- the Washington area took over the fi- tion. quire joint action by the Department nancing and operational responsibility Every few year, we return to the issue of of Transportation and the Environ- for National and Dulles airports. The adding slots at Reagan National. Every few mental Protection Agency regarding deal was that the Congress would not years we tinker around with the Washington appropriate emission credits for airport micromanage. Yet we do have 20 addi- area airports in ways that congress shouldn’t projects. The section would also au- tional slots here and we have 12 slots be tinkering. thorize a pilot program to retrofit air- that go beyond the 1,250-mile perimeter It might be more convenient for some peo- port ground equipment at airports lo- rule which was a very basic part of ple to have the flights they want on airlines cated in nonattainment or mainte- that agreement. The gentlewoman they want to favor, but these actions have real nance areas, as defined in the Clean Air from the District of Columbia (Ms. effects on the economy of my district in ways Act. NORTON) and I have a very serious con- that I believe are not fully appreciated. This provision is within the jurisdic- cern with expanding those slots. What Three airports—Reagan National, Dulles, tion of the Committee on Energy and we would like at least is an agreement and Baltimore/Washington, serve Washington, Commerce and the Subcommittee on that we will take out the so-called D.C. region. Our region—my district—has de- Energy and Air Quality that I am ‘‘come see me’’ provision so this would veloped around the services these airports chairman of. I share the broad goals of be the end of the slot expansion and we provide. Along the Reston corridor one can this provision, but I have some con- would like to get general aviation see all the tech firms that have established cerns regarding the current legislative opened. I know that the gentleman themselves over recent years. One of the language, including the requirement from Florida (Mr. MICA) has been work- main reasons—one of the main selling for joint action. While the language in- ing on general aviation. It is very im- points—for these companies to locate in

VerDate Jan 31 2003 01:47 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.065 H11PT1 H5210 CONGRESSIONAL RECORD — HOUSE June 11, 2003 Northern Virginia was the fact that Dulles air- continues good aviation policies and will serve SECTION 1. SHORT TITLE; TABLE OF CONTENTS. port provided an accessible, convenient trans- to strengthen our aviation infrastructure over (a) SHORT TITLE.—This Act may be cited as portation hub for flights all over the globe. the next four years. I urge my colleagues to the ‘‘Flight 100—Century of Aviation Reauthor- ization Act’’. It is not a secret that the airline industry is join me in voting yes for this bill. (b) TABLE OF CONTENTS.— in deep financial trouble. United Airlines, which Mr. CASE. Mr. Chairman, my purpose in ris- Sec. 1. Short title; table of contents. operates 60 percent of the flights at Dulles, is ing today is to highlight the absolute depend- struggling to emerge from bankruptcy. They Sec. 2. Amendments to title 49, United States ence of some parts of our country on air serv- Code. are struggling to deal with the fallout from the ice and thus the absolute importance of the Sec. 3. Effective date. War in Iraq, SARS, terrorism—and they are Essential Air Services (EAS) portions of the TITLE I—AUTHORIZATIONS facing increased pressure form the bankruptcy law and of this bill, and also the necessity as court to abandon their Dulles hub. Understand Sec. 101. Federal Aviation Administration oper- we go forward of avoiding one-size-fits-all ations. that continuing to divert traffic away from Dul- thinking when we deal with the problems of Sec. 102. Air navigation facilities and equip- les, especially long-haul traffic, gives more fuel our rural communities in providing EAS. ment. to those who would have United leave Dulles. Imagine a district in which air service is truly Sec. 103. Airport planning and development I hope you understand why this is so impor- indispensable to providing the basic neces- and noise compatibility planning tant to me. This isn’t solely a debate about sities, to transporting residents, to providing and programs. noise and increased air traffic, although those emergency medical service, and to the sur- Sec. 104. Additional reauthorizations. Sec. 105. Insurance. are important issues to my constituents as vival and prosperity of its number one indus- well. It is a debate about continuing to erode Sec. 106. Pilot program for innovative financing try, tourism, and several other important indus- the cornerstone of the Northern Virginia high- for terminal automation replace- tries like agriculture which are based on ex- tech corridor. ment systems. That said, it seems a little unfair that if we ports. TITLE II—AIRPORT PROJECT must continue to add outside-the-perimeter That’s Hawaii today, and that’s my Second STREAMLINING slots at National, that we do not allow U.S. District—a district that has all of Hawaii other Sec. 201. Short title. Airways—the airline that has put so many re- than urban Honolulu, and is composed of Sec. 202. Findings. sources into making Reagan National a world- seven inhabited islands—it’s absolutely Sec. 203. Promotion of new runways. unique. And let me give an example of how Sec. 204. Airport project streamlining. class airport—the opportunity get any of them. Sec. 205. Governor’s certificate. U.S. Airways is also an important part of our this uniqueness doesn’t work with one-size- fits-all thinking. A great deal of EAS discussion Sec. 206. Construction of certain airport capac- economy in Northern Virginia. They have done ity projects. an outstanding job to re-emerge from bank- concerns how far airports are apart from each Sec. 207. Limitations. ruptcy, and I think it is time we started recog- other. And both Mr. Peterson and Mr. Pitts are Sec. 208. Relationship to other requirements. nizing the contributions they have made for offering amendments today, which I fully sup- TITLE III—FEDERAL AVIATION REFORM port, that deal with ‘‘How far apart are air- the National Capital Region. Sec. 301. Management advisory committee mem- To close, I would love to see an end to ports?’’ Well, the airport on Molokai is some- bers. Congressional micromanagement in MWAA where around 40 miles from Honolulu Inter- Sec. 302. Reorganization of the Air Traffic Serv- affairs. I am hopeful this will eventually hap- national Airport as the crow flies. Not too far. ices Subcommittee. pen. Until then, understand the true nature of But guess what—no road. No road, it’s on an- Sec. 303. Clarification of the responsibilities of my opposition to adding more long-haul flights other island. So we’ve got to think about the Chief Operating Officer. to National. unique circumstances in designing legislation. Sec. 304. Small Business Ombudsman. Mr. COSTELLO. Mr. Chairman, I rise today The options are nonexistent for air service Sec. 305. FAA purchase cards. in support of H.R. 2115, Flight 100, the Cen- on these islands. No driving, no highways, no TITLE IV—AIRLINE SERVICE tury of Aviation Reauthorization Act. This is a rail, no trains, no Amtrak subsidies, no fer- IMPROVEMENTS good bill and I urge my colleagues to join me ries—can’t do that. It’s air, period! Sec. 401. Improvement of aviation information in supporting this legislation. We are also in a very difficult period of ad- collection. Sec. 402. Data on incidents and complaints in- When this Congress passed AIR–21 in justment in our interisland air travel. Essen- 2000, we significantly increased funding for volving passenger and baggage se- tially we’ve had a duopoly—and one airline is curity screening. aviation programs, especially the Airport Im- now in bankruptcy so we face the possibility of Sec. 403. Definitions. provement Program (AIP), in order to increase a monopoly. And fees are increasing rapidly Sec. 404. Clarifications to procurement author- capacity to help cope with record high aviation while capacity is decreasing. ity. traffic and unprecedented delays. We do have EAS designation for three ex- Sec. 405. Low-emission airport vehicles and While air traffic has declined in the last tremely rural airports in Hawaii, and that is ground support equipment. three years due to a variety of factors, includ- very appropriate. But I could easily make the Sec. 406. Streamlining of the passenger facility fee program. ing the attacks of September 11th, the slump- argument that all Hawaii airports—big or ing economy and the SARS outbreak, no one Sec. 407. Financial management of passenger small, rural or urban—are essentially EAS air- facility fees. expects these declines to be permanent, and ports. the FAA is forecasting a return to record levels Sec. 408. Government contracting for air trans- So in conclusion, I simply want to highlight, portation. in 2006. Our Nation’s aviation infrastructure as this bill goes forward, the absolute neces- Sec. 409. Overflights of national parks. needs to be prepared for this growth in traffic, sity of EAS for states like Hawaii, and to say: Sec. 410. Collaborative decisionmaking pilot and this bill keeps us on track to do so. program. Flight 100 authorizes $58.9 billion over four think about unique circumstances. Mr. MICA. Mr. Chairman, I yield Sec. 411. Availability of aircraft accident site years for the programs and activities of the information. FAA, including $14.3 billion for FY04. It con- back the balance of my time. Sec. 412. Slot exemptions at Ronald Reagan tinues the budgetary protections that allowed The CHAIRMAN. All time for general Washington National Airport. us to increase funding in AIR–21, and con- debate has expired. Sec. 413. Notice concerning aircraft assembly. tinues to provide slightly increased annual Pursuant to the rule, the committee Sec. 414. Special rule to promote air service to amendment in the nature of a sub- small communities. funding for the AIP program. Sec. 415. Small community air service. In addition, the bill increases the entitlement stitute printed in the bill, modified by the amendment printed in part A of Sec. 416. Type certificates. for cargo airports, prohibits the privatization of Sec. 417. Design organization certificates. air traffic controllers, allows airports to use House Report 108–146, shall be consid- Sec. 418. Counterfeit or fraudulently rep- some of their AIP money to modify terminals ered as an original bill for the purpose resented parts violations. to install explosive detection systems, extends of amendment under the 5-minute rule Sec. 419. Runway safety standards. the government’s ability to offer war-risk insur- and shall be considered read. Sec. 420. Availability of maintenance informa- ance until 2007 for domestic flights and in- The text of the committee amend- tion. creases the amount that airports in the military ment in the nature of a substitute, as Sec. 421. Certificate actions in response to a se- modified, is as follows: curity threat. airport program may use for terminal develop- Sec. 422. Flight attendant certification. ment, parking lots, fuel farms or hanger con- H.R. 2115 Sec. 423. Civil penalty for closure of an airport struction. Be it enacted by the Senate and House of Rep- without providing sufficient no- Mr. Chairman, which this bill does not do resentatives of the United States of America in tice. everything that I would like it to do, overall it Congress assembled, Sec. 424. Noise exposure maps.

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Sec. 425. Amendment of general fee schedule ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ministrator shall transmit to Congress a report provision. ‘‘(1) SALARIES, OPERATIONS, AND MAINTE- describing the strategy. Sec. 426. Improvement of curriculum standards NANCE.—There is authorized to be appropriated (d) GOALS AND OBJECTIVES OF AVIATION SAFE- for aviation maintenance techni- to the Secretary of Transportation for salaries, TY REPORTING SYSTEM.—Not later than 90 days cians. operations, and maintenance of the Administra- after the date of enactment of this Act, the Ad- Sec. 427. Task force on future of air transportion— ministrator shall transmit to Congress a report tation system. ‘‘(A) $7,591,000,000 for fiscal year 2004; on the long-term goals and objectives of the Sec. 428. Air quality in aircraft cabins. ‘‘(B) $7,732,000,000 for fiscal year 2005; Aviation Safety Reporting System and how such Sec. 429. Recommendations concerning travel ‘‘(C) $7,889,000,000 for fiscal year 2006; and system interrelates with other safety reporting agents. ‘‘(D) $8,064,000,000 for fiscal year 2007. systems of the Federal Government. Sec. 430. Task force on enhanced transfer of Such sums shall remain available until ex- SEC. 102. AIR NAVIGATION FACILITIES AND applications of technology for pended. EQUIPMENT. military aircraft to civilian air- ‘‘(2) OPERATION OF CENTER FOR MANAGEMENT Section 48101 is amended— craft. AND DEVELOPMENT.—Out of amounts appro- (1) in subsection (a) by striking paragraphs (1) Sec. 431. Reimbursement for losses incurred by priated under paragraph (1), such sums as may through (5) and inserting the following: general aviation entities. be necessary may be expended by the Center for ‘‘(1) $3,138,000,000 for fiscal year 2004; Sec. 432. Impasse procedures for National Asso- ‘‘(2) $2,993,000,000 for fiscal year 2005; ciation of Air Traffic Specialists. Management Development of the Federal Avia- tion Administration to operate at least 200 ‘‘(3) $3,053,000,000 for fiscal year 2006; and Sec. 433. FAA inspector training. ‘‘(4) $3,110,000,000 for fiscal year 2007.’’; Sec. 434. Prohibition on air traffic control pri- courses each year and to support associated stu- (2) by striking subsection (b); vatization. dent travel for both residential and field (3) by redesignating (c) as subsection (b); Sec. 435. Airfares for members of the Armed courses. (4) by striking subsections (d) and (e) and in- Forces. ‘‘(3) AIR TRAFFIC MANAGEMENT SYSTEM.—Out serting the following: Sec. 436. Air carriers required to honor tickets of amounts appropriated under paragraph (1), ‘‘(c) ENHANCED SAFETY AND SECURITY FOR for suspended air service. such sums as may be necessary may be expended Sec. 437. International air show. by the Federal Aviation Administration for the AIRCRAFT OPERATIONS IN THE GULF OF MEX- Sec. 438. Definition of air traffic controller. establishment and operation of a new office to ICO.—Of amounts appropriated under sub- Sec. 439. Justification for air defense identifica- develop, in coordination with the Department of section (a), such sums as may be necessary for tion zone. Defense, the National Aeronautics and Space fiscal years 2004 through 2007 may be used to ex- Sec. 440. International air transportation. Administration, and the Department of Home- pand and improve the safety, efficiency, and se- Sec. 441. Reimbursement of air carriers for cer- land Security, the next generation air traffic curity of air traffic control, navigation, low alti- tain screening and related activi- management system and a transition plan for tude communications and surveillance, and ties. the implementation of that system. The office weather services in the Gulf of Mexico. Sec. 442. General aviation flights at Ronald shall be known as the ‘Next Generation Air ‘‘(d) OPERATIONAL BENEFITS OF WAKE VOR- Reagan Washington National Air- Transportation System Joint Program Office’. TEX ADVISORY SYSTEM.—Of amounts appro- port. ‘‘(4) HELICOPTER AND TILTROTOR PROCE- priated under subsection (a), $20,000,000 for TITLE V—AIRPORT DEVELOPMENT DURES.—Out of amounts appropriated under each of fiscal years 2004 through 2007 may be used to document and demonstrate the oper- Sec. 501. Definitions. paragraph (1), such sums as may be necessary ational benefits of a wake vortex advisory sys- Sec. 502. Replacement of baggage conveyor sys- may be expended by the Federal Aviation Ad- tem. tems. ministration for the establishment of helicopter ‘‘(e) GROUND-BASED PRECISION NAVIGATIONAL Sec. 503. Security costs at small airports. and tiltrotor approach and departure proce- Sec. 504. Withholding of program application dures using advanced technologies, such as the AIDS.—Of amounts appropriated under sub- approval. Global Positioning System and automatic de- section (a), $20,000,000 for each of fiscal years Sec. 505. Runway safety areas. pendent surveillance, to permit operations in 2004 to 2007 may be used to establish a program Sec. 506. Disposition of land acquired for noise adverse weather conditions to meet the needs of for the installation, operation, and maintenance compatibility purposes. air ambulance services. of a closed-loop precision approach aid designed Sec. 507. Grant assurances. ‘‘(5) ADDITIONAL AIR TRAFFIC CONTROLLERS.— to improve aircraft accessibility at mountainous Sec. 508. Allowable project costs. Out of amounts appropriated under paragraph airports with limited land if the approach aid is Sec. 509. Apportionments to primary airports. (1), such sums as may be necessary may be ex- able to provide curved and segmented approach Sec. 510. Cargo airports. pended to hire additional air traffic controllers guidance for noise abatement purposes and has Sec. 511. Considerations in making discre- in order to meet increasing air traffic demands been certified or approved by the Adminis- tionary grants. and to address the anticipated increase in the trator.’’; and Sec. 512. Flexible funding for nonprimary air- retirement of experienced air traffic controllers. (5) in subsection (f)— port apportionments. ‘‘(6) COMPLETION OF ALASKA AVIATION SAFETY (A) by striking ‘‘for fiscal years beginning Sec. 513. Use of apportioned amounts. PROJECT.—Out of amounts appropriated under after September 30, 2000’’; and Sec. 514. Military airport program. paragraph (1), $6,000,000 may be expended for (B) by inserting ‘‘may be used’’ after ‘‘nec- Sec. 515. Terminal development costs. the completion of the Alaska aviation safety essary’’. Sec. 516. Contract towers. project with respect to the 3 dimensional map- SEC. 103. AIRPORT PLANNING AND DEVELOP- Sec. 517. Airport safety data collection. ping of Alaska’s main aviation corridors. MENT AND NOISE COMPATIBILITY Sec. 518. Airport privatization pilot program. ‘‘(7) AVIATION SAFETY REPORTING SYSTEM.— PLANNING AND PROGRAMS. Sec. 519. Innovative financing techniques. Out of amounts appropriated under paragraph (a) AUTHORIZATION.—Section 48103 is amend- Sec. 520. Airport security program. (1), $3,400,000 may be expended on the Aviation ed— Sec. 521. Low-emission airport vehicles and in- Safety Reporting System.’’. (1) by striking ‘‘September 30, 1998’’ and infrastructure. (b) AIRLINE DATA AND ANALYSIS.—There is serting ‘‘September 30, 2003’’; and Sec. 522. Compatible land use planning and authorized to be appropriated to the Secretary (2) by striking paragraphs (1) through (5) and projects by State and local gov- of Transportation, out of the Airport and Air- inserting: ernments. way Trust Fund established by section 9502 of ‘‘(1) $3,400,000,000 for fiscal year 2004; Sec. 523. Prohibition on requiring airports to ‘‘(2) $3,600,000,000 for fiscal year 2005; provide rent-free space for Fed- the Internal Revenue Code of 1986 (26 U.S.C. 9502), $3,971,000 for fiscal year 2004, $4,045,000 ‘‘(3) $3,800,000,000 for fiscal year 2006; and eral Aviation Administration. ‘‘(4) $4,000,000,000 for fiscal year 2007.’’. Sec. 524. Midway Island Airport. for fiscal year 2005, $4,127,000 for fiscal year 2006, and $4,219,000 for fiscal year 2007 to gather (b) OBLIGATIONAL AUTHORITY.—Section SEC. 2. AMENDMENTS TO TITLE 49, UNITED airline data and conduct analyses of such data 47104(c) is amended by striking ‘‘September 30, STATES CODE. 2003’’ and inserting ‘‘September 30, 2007’’. Except as otherwise expressly provided, when- in the Bureau of Transportation Statistics of the SEC. 104. ADDITIONAL REAUTHORIZATIONS. ever in this Act an amendment or repeal is ex- Department of Transportation. UMAN CAPITAL WORKFORCE STRATEGY.— (a) CONTRACT AIR TRAFFIC CONTROL TOWER pressed in terms of an amendment to, or a repeal (c) H (1) DEVELOPMENT.—The Administrator of the PILOT PROGRAM.—Section 47124(b)(3)(E) is of, a section or other provision, the reference Federal Aviation Administration shall develop a amended by striking ‘‘$6,000,000 per fiscal year’’ shall be considered to be made to a section or comprehensive human capital workforce strat- and inserting ‘‘$6,500,000 for fiscal year 2004, other provision of title 49, United States Code. egy to determine the most effective method for $7,000,000 for fiscal year 2005, $7,500,000 for fis- SEC. 3. EFFECTIVE DATE. addressing the need for more air traffic control- cal year 2006, and $8,000,000 for fiscal year Except as otherwise expressly provided, this lers that is called for in the June 2002 report of 2007’’. Act and the amendments made by this Act shall the General Accounting Office. (b) SMALL COMMUNITY AIR SERVICE.—Section be effective on the date of enactment of this Act. (2) COMPLETION DATE.—The Administrator 41743(e)(2) is amended— TITLE I—AUTHORIZATIONS shall complete development of the strategy not (1) by striking ‘‘and’’ the first place it appears SEC. 101. FEDERAL AVIATION ADMINISTRATION later than 1 year after the date of enactment of and inserting a comma; and OPERATIONS. this Act. (2) by inserting after ‘‘2003’’ the following ‘‘, (a) IN GENERAL.—Section 106(k) is amended to (3) REPORT.—Not later than 30 days after the and $35,000,000 for each of fiscal years 2004 read as follows: date on which the strategy is completed, the Ad- through 2008’’.

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(c) REGIONAL AIR SERVICE INCENTIVE PRO- gram to test innovative financing techniques ‘‘SUBCHAPTER III—AIRPORT PROJECT GRAM.—Section 41766 is amended by striking through amending a contract, subject to section STREAMLINING ‘‘2003’’ and inserting ‘‘2007’’. 1341 of title 31, United States Code, of more than ‘‘§ 47171. DOT as lead agency (d) FUNDING FOR AVIATION PROGRAMS.—Sec- one, but not more than 20, fiscal years to pur- ‘‘(a) AIRPORT PROJECT REVIEW PROCESS.—The tion 106 of the Wendell H. Ford Aviation Invest- chase and install terminal automation replace- Secretary of Transportation shall develop and ment and Reform Act for the 21st Century (49 ment systems for the Administration. Such implement a coordinated review process for air- U.S.C. 48101 note) is amended by striking ‘‘2003’’ amendments may be for more than one, but not port capacity enhancement projects at congested each place it appears and inserting ‘‘2007’’. more than 10 fiscal years. airports. (e) DESIGN-BUILD CONTRACTING.—Section (b) CANCELLATION.—A contract described in ‘‘(b) COORDINATED REVIEWS.— 139(e) of the Wendell H. Ford Aviation Invest- subsection (a) may include a cancellation provi- ‘‘(1) IN GENERAL.—The coordinated review ment and Reform Act for the 21st Century (49 sion if the Administrator determines that such a process under this section shall provide that all U.S.C. 47104 note) is amended by striking ‘‘2003’’ provision is necessary and in the best interest of environmental reviews, analyses, opinions, per- and inserting ‘‘2007’’. the United States. Any such provision shall in- mits, licenses, and approvals that must be issued (f) METROPOLITAN WASHINGTON AIRPORTS AU- clude a cancellation liability schedule that cov- or made by a Federal agency or airport sponsor THORITY.—Section 49108 is amended by striking ers reasonable and allocable costs incurred by for an airport capacity enhancement project at ‘‘2004’’ and inserting ‘‘2007’’. the contractor through the date of cancellation a congested airport will be conducted concur- plus reasonable profit, if any, on those costs. SEC. 105. INSURANCE. rently, to the maximum extent practicable, and Any such provision shall not apply if the con- (a) TERMINATION.—Section 44310 is amended completed within a time period established by tract is terminated by default of the contractor. to read as follows: the Secretary, in cooperation with the agencies (c) CONTRACT PROVISIONS.—If feasible and ‘‘§ 44310. Termination date identified under subsection (c) with respect to practicable for the pilot program, the Adminis- the project. ‘‘Effective December 31, 2007, the authority of trator may make an advance contract provision ‘‘(2) AGENCY PARTICIPATION.—Each Federal the Secretary of Transportation to provide in- to achieve economic-lot purchases and more effi- agency identified under subsection (c) shall for- surance and reinsurance under this chapter cient production rates. mulate and implement administrative, policy, shall be limited to— (d) LIMITATION.—The Administrator may not ‘‘(1) the operation of an aircraft by an air car- amend a contract under this section until the and procedural mechanisms to enable the agen- rier or foreign air carrier in foreign air com- program for the terminal automation replace- cy to ensure completion of environmental re- merce or between at least 2 points, all of which ment systems has been rebaselined in accord- views, analyses, opinions, permits, licenses, and are outside the United States; and ance with the acquisition management system of approvals described in paragraph (1) in a timely ‘‘(2) insurance obtained by a department, the Administration. and environmentally responsible manner. ‘‘(c) IDENTIFICATION OF JURISDICTIONAL AGEN- agency, or instrumentality of the United States (e) ANNUAL REPORTS.—At the end of each fis- under section 44305.’’. cal year during the term of the pilot program, CIES.—With respect to each airport capacity en- (b) EXTENSION OF POLICIES.—Section the Administrator shall transmit to the Com- hancement project at a congested airport, the 44302(f)(1) is amended by striking ‘‘through De- mittee on Commerce, Science, and Transpor- Secretary shall identify, as soon as practicable, cember 31, 2004,’’ and inserting ‘‘thereafter’’. tation of the Senate and the Committee on all Federal and State agencies that may have (c) AIRCRAFT MANUFACTURER LIABILITY FOR Transportation and Infrastructure of the House jurisdiction over environmental-related matters THIRD PARTY CLAIMS ARISING OUT OF ACTS OF of Representatives a report on how the Adminis- that may be affected by the project or may be re- TERRORISM.—Section 44303(b) is amended by trator has implemented in such fiscal year the quired by law to conduct an environmental-re- adding at the end the following: ‘‘The Secretary pilot program, the number and types of con- lated review or analysis of the project or deter- may extend the provisions of this subsection to tracts or contract amendments that are entered mine whether to issue an environmental-related the United States manufacturer (as defined in into under the program, and the program’s cost- permit, license, or approval for the project. section 44310) of the aircraft of the air carrier effectiveness. ‘‘(d) STATE AUTHORITY.—If a coordinated re- involved.’’. (f) FUNDING.—Out of amounts appropriated view process is being implemented under this (d) VENDORS, AGENTS, SUBCONTRACTORS, AND under section 48101 for fiscal year 2004, section by the Secretary with respect to a project MANUFACTURERS.— $200,000,000 shall be used to carry out this sec- at an airport within the boundaries of a State, (1) IN GENERAL.—Chapter 443 is amended— tion. the State, consistent with State law, may choose (A) by redesignating section 44310 (as amend- to participate in such process and provide that TITLE II—AIRPORT PROJECT ed by subsection (a) of this section) as section all State agencies that have jurisdiction over en- STREAMLINING 44311; and vironmental-related matters that may be af- (B) by inserting after section 44309 the fol- SEC. 201. SHORT TITLE. fected by the project or may be required by law lowing: This title may be cited as the ‘‘Airport Stream- to conduct an environmental-related review or lining Approval Process Act of 2003’’. ‘‘§ 44310. Vendors, agents, subcontractors, and analysis of the project or determine whether to manufacturers SEC. 202. FINDINGS. issue an environmental-related permit, license, Congress finds that— or approval for the project, be subject to the ‘‘(a) IN GENERAL.—The Secretary of Transpor- (1) airports play a major role in interstate and process. tation may extend the application of any provi- foreign commerce; ‘‘(e) MEMORANDUM OF UNDERSTANDING.—The sion of this chapter to a loss by a vendor, agent, (2) congestion and delays at our Nation’s coordinated review process developed under this and subcontractor of an air carrier and a major airports have a significant negative im- section may be incorporated into a memorandum United States manufacturer of an aircraft used pact on our Nation’s economy; of understanding for a project between the Sec- by an air carrier but only to the extent that the (3) airport capacity enhancement projects at retary and the heads of other Federal and State loss involved an aircraft of an air carrier. congested airports are a national priority and agencies identified under subsection (c) with re- ‘‘(b) UNITED STATES MANUFACTURER DE- should be constructed on an expedited basis; spect to the project and the airport sponsor. FINED.—In this section, the term ‘United States (4) airport capacity enhancement projects ‘‘(f) EFFECT OF FAILURE TO MEET DEAD- manufacturer’ means a manufacturer incor- must include an environmental review process LINE.— porated under the laws of a State of the United that provides local citizenry an opportunity for ‘‘(1) NOTIFICATION OF CONGRESS AND CEQ.—If States and having its principal place of business consideration of and appropriate action to ad- the Secretary determines that a Federal agency, in the United States.’’. dress environmental concerns; and State agency, or airport sponsor that is partici- (2) CONFORMING AMENDMENT.—The analysis (5) the Federal Aviation Administration, air- pating in a coordinated review process under for chapter 443 is amended by striking the item port authorities, communities, and other Fed- this section with respect to a project has not met relating to section 44310 and inserting the fol- eral, State, and local government agencies must a deadline established under subsection (b) for lowing: work together to develop a plan, set and honor the project, the Secretary shall notify, within 30 ‘‘44310. Vendors, agents, subcontractors, and milestones and deadlines, and work to protect days of the date of such determination, the manufacturers. the environment while sustaining the economic Committee on Transportation and Infrastruc- ‘‘44311. Termination date.’’. vitality that will result from the continued ture of the House of Representatives, the Com- (e) TECHNICAL CORRECTIONS.—Effective No- growth of aviation. mittee on Commerce, Science, and Transpor- vember 19, 2001, section 124(b) of the Aviation SEC. 203. PROMOTION OF NEW RUNWAYS. tation of the Senate, the Council on Environ- and Transportation Security Act (115 Stat. 631) Section 40104 is amended by adding at the end mental Quality, and the agency or sponsor in- is amended by striking ‘‘to carry out foreign pol- the following: volved about the failure to meet the deadline. icy’’ and inserting ‘‘to carry out the foreign pol- ‘‘(c) AIRPORT CAPACITY ENHANCEMENT ‘‘(2) AGENCY REPORT.—Not later than 30 days icy’’. PROJECTS AT CONGESTED AIRPORTS.—In car- after date of receipt of a notice under paragraph SEC. 106. PILOT PROGRAM FOR INNOVATIVE FI- rying out subsection (a), the Administrator shall (1), the agency or sponsor involved shall submit NANCING FOR TERMINAL AUTOMA- take action to encourage the construction of air- a report to the Secretary, the Committee on TION REPLACEMENT SYSTEMS. port capacity enhancement projects at congested Transportation and Infrastructure of the House (a) IN GENERAL.—In order to test the cost-ef- airports as those terms are defined in section of Representatives, the Committee on Commerce, fectiveness and feasibility of long-term financ- 47178.’’. Science, and Transportation of the Senate, and ing of modernization of major air traffic control SEC. 204. AIRPORT PROJECT STREAMLINING. the Council on Environmental Quality explain- systems, the Administrator of the Federal Avia- (a) IN GENERAL.—Chapter 471 is amended by ing why the agency or sponsor did not meet the tion Administration may establish a pilot pro- inserting after section 47153 the following: deadline and what actions it intends to take to

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.026 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5213 complete or issue the required review, analysis, ‘‘(3) the cost of the mitigation measures is rea- ‘‘(4) the prospect for undue delay if the opinion, permit, license, or approval. sonable in relation to the mitigation that will be project is not designated for priority review. ‘‘(g) PURPOSE AND NEED.—For any environ- achieved. ‘‘(c) COORDINATED ENVIRONMENTAL RE- mental review, analysis, opinion, permit, li- ‘‘(b) MITIGATION OF AIRCRAFT NOISE.—Mitiga- VIEWS.— cense, or approval that must be issued or made tion measures described in subsection (a) may ‘‘(1) TIMELINES AND HIGH PRIORITY FOR CO- by a Federal or State agency that is partici- include the insulation of residential buildings ORDINATED ENVIRONMENTAL REVIEWS.—The Ad- pating in a coordinated review process under and buildings used primarily for educational or ministrator, in consultation with the heads of this section with respect to an airport capacity medical purposes to mitigate the effects of air- affected agencies, shall establish specific enhancement project at a congested airport and craft noise and the improvement of such build- timelines for the coordinated environmental re- that requires an analysis of purpose and need ings as required for the insulation of the build- view of an aviation safety or aviation security for the project, the agency, notwithstanding ings under local building codes. project designated under subsection (a). Such any other provision of law, shall be bound by ‘‘§ 47175. Airport funding of FAA staff timelines shall be consistent with the timelines the project purpose and need as defined by the established in existing laws and regulations. ‘‘(a) ACCEPTANCE OF SPONSOR-PROVIDED Secretary. Each Federal agency with responsibility for FUNDS.—Notwithstanding any other provision ‘‘(h) ALTERNATIVES ANALYSIS.—The Secretary project environmental reviews, analyses, opin- of law, the Administrator of the Federal Avia- shall determine the reasonable alternatives to ions, permits, licenses, and approvals shall action Administration may accept funds from an an airport capacity enhancement project at a cord any such review a high priority and shall airport sponsor, including funds provided to the congested airport. Any other Federal or State conduct the review expeditiously and, to the sponsor under section 47114(c), to hire addi- agency that is participating in a coordinated re- maximum extent possible, concurrently with tional staff or obtain the services of consultants view process under this section with respect to other such reviews. in order to facilitate the timely processing, re- the project shall consider only those alternatives ‘‘(2) AGENCY PARTICIPATION.—Each Federal view, and completion of environmental activities to the project that the Secretary has determined agency identified under subsection (c) shall for- associated with an airport development project. are reasonable. mulate and implement administrative, policy, ‘‘(b) ADMINISTRATIVE PROVISION.—Instead of ‘‘(i) SOLICITATION AND CONSIDERATION OF and procedural mechanisms to enable the agen- payment from an airport sponsor from funds ap- COMMENTS.—In applying subsections (g) and cy to ensure completion of environmental re- portioned to the sponsor under section 47114, the (h), the Secretary shall solicit and consider com- views, analyses, opinions, permits, licenses, and Administrator, with agreement of the sponsor, ments from interested persons and governmental approvals described in paragraph (1) in a timely may transfer funds that would otherwise be ap- entities. and environmentally responsible manner. portioned to the sponsor under section 47114 to ‘‘(j) MONITORING BY TASK FORCE.—The ‘‘(d) STATE PARTICIPATION.— the account used by the Administrator for ac- Transportation Infrastructure Streamlining ‘‘(1) INVITATION TO PARTICIPATE.—If a priority tivities described in subsection (a). Task Force, established by Executive Order environmental review process is being imple- ‘‘(c) RECEIPTS CREDITED AS OFFSETTING COL- 13274 (67 Fed. Reg. 59449; relating to environ- mented under this section with respect to a LECTIONS.—Notwithstanding section 3302 of title mental stewardship and transportation infra- project within the boundaries of a State with 31, any funds accepted under this section, ex- structure project reviews), may monitor airport applicable State environmental requirements cept funds transferred pursuant to subsection projects that are subject to the coordinated re- and approvals, the Administrator shall invite (b)— view process under this section. the State to participate in the process. ‘‘(1) shall be credited as offsetting collections ‘‘(2) STATE CHOICE.—A State invited to partici- ‘‘§ 47172. Categorical exclusions to the account that finances the activities and pate in a priority environmental review process, ‘‘Not later than 120 days after the date of en- services for which the funds are accepted; consistent with State law, may choose to partici- actment of this section, the Secretary of Trans- ‘‘(2) shall be available for expenditure only to pate in such process and direct that all State portation shall develop and publish a list of cat- pay the costs of activities and services for which agencies, which have jurisdiction by law to con- egorical exclusions from the requirement that an the funds are accepted; and duct an environmental review or analysis of the environmental assessment or an environmental ‘‘(3) shall remain available until expended. project to determine whether to issue an envi- impact statement be prepared under the Na- ‘‘(d) MAINTENANCE OF EFFORT.—No funds ronmentally related permit, license, or approval tional Environmental Policy Act of 1969 (42 may be accepted pursuant to subsection (a), or for the project, be subject to the process. U.S.C. 4321 et seq.) for projects at airports. transferred pursuant to subsection (b), in any ‘‘(e) FAILURE TO GIVE PRIORITY REVIEW.— ‘‘§ 47173. Access restrictions to ease construc- fiscal year in which the Federal Aviation Ad- ‘‘(1) NOTICE.—If the Secretary of Transpor- tion ministration does not allocate at least the tation determines that a Federal agency or a amount it expended in fiscal year 2002, exclud- ‘‘At the request of an airport sponsor for a participating State is not complying with the re- ing amounts accepted pursuant to section 337 of congested airport, the Secretary of Transpor- quirements of this section and that such non- the Department of Transportation and Related tation may approve a restriction on use of a compliance is undermining the environmental Agencies Appropriations Act, 2002 (115 Stat. runway to be constructed at the airport to mini- review process, the Secretary shall notify, with- 862), for the activities described in subsection mize potentially significant adverse noise im- in 30 days of such determination, the head of (a). pacts from the runway only if the Secretary de- the Federal agency or, with respect to a State termines that imposition of the restriction— ‘‘§ 47176. Authorization of appropriations agency, the Governor of the State. ‘‘(1) is necessary to mitigate those impacts and ‘‘In addition to the amounts authorized to be ‘‘(2) REPORT TO SECRETARY.—A Federal agen- expedite construction of the runway; appropriated under section 106(k), there is au- cy that receives a copy of a notification relating ‘‘(2) is the most appropriate and a cost-effec- thorized to be appropriated to the Secretary of to that agency made by the Secretary under tive measure to mitigate those impacts, taking Transportation, out of the Airport and Airway paragraph (1) shall submit, within 30 days after into consideration any environmental tradeoffs Trust Fund established under section 9502 of the receiving such copy, a written report to the Sec- associated with the restriction; and Internal Revenue Code of 1986 (26 U.S.C. 9502), retary explaining the reasons for the situation ‘‘(3) would not adversely affect service to $4,200,000 for fiscal year 2004 and for each fiscal described in the notification and what remedial small communities, adversely affect safety or ef- year thereafter to facilitate the timely proc- actions the agency intends to take. ficiency of the national airspace system, un- essing, review, and completion of environmental ‘‘(3) NOTIFICATION OF CEQ AND COMMITTEES.— justly discriminate against any class of user of activities associated with airport capacity en- If the Secretary determines that a Federal agen- the airport, or impose an undue burden on hancement projects at congested airports. cy has not satisfactorily addressed the problems interstate or foreign commerce. within a reasonable period of time following a ‘‘§ 47177. Designation of aviation safety and notification under paragraph (1), the Secretary ‘‘§ 47174. Airport revenue to pay for mitigation aviation security projects for priority envi- shall notify the Committee on Transportation ‘‘(a) IN GENERAL.—Notwithstanding section ronmental review and Infrastructure of the House of Representa- 47107(b), section 47133, or any other provision of ‘‘(a) IN GENERAL.—The Administrator of the tives, the Committee on Commerce, Science and this title, the Secretary of Transportation may Federal Aviation Administration may designate Transportation of the Senate, and the Council allow an airport sponsor carrying out an airport an aviation safety or aviation security project on Environmental Quality. capacity enhancement project at a congested for priority environmental review. The Adminis- ‘‘(f) PROCEDURAL PROVISIONS.—The proce- airport to make payments, out of revenues gen- trator may not delegate this designation author- dures set forth in subsections (c), (e), (g), (h), erated at the airport (including local taxes on ity. and (i) of section 47171 shall apply with respect aviation fuel), for measures to mitigate the envi- ‘‘(b) PROJECT DESIGNATION CRITERIA.—The to an aviation safety or aviation security project ronmental impacts of the project if the Secretary Administrator shall establish guidelines for the under this section in the same manner and to finds that— designation of an aviation safety or aviation se- the same extent as such procedures apply to an ‘‘(1) the mitigation measures are included as curity project for priority environmental review. airport capacity enhancement project at a con- part of, or support, the preferred alternative for Such guidelines shall include consideration of— gested airport under section 47171. the project in the documentation prepared pur- ‘‘(1) the importance or urgency of the project; ‘‘(g) DEFINITIONS.—In this section, the fol- suant to the National Environmental Policy Act ‘‘(2) the potential for undertaking the envi- lowing definitions apply: of 1969 (42 U.S.C. 4321 et seq.); ronmental review under existing emergency pro- ‘‘(1) AVIATION SAFETY PROJECT.—The term ‘‘(2) the use of such revenues will provide a cedures under the National Environmental Pol- ‘aviation safety project’ means an aviation significant incentive for, or remove an impedi- icy Act of 1969 (42 U.S.C. 4321 et seq.); project that— ment to, approval of the project by a State or ‘‘(3) the need for cooperation and concurrent ‘‘(A) has as its primary purpose reducing the local government; and reviews by other Federal or State agencies; and risk of injury to persons or damage to aircraft

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.026 H11PT1 H5214 CONGRESSIONAL RECORD — HOUSE June 11, 2003 and property, as determined by the Adminis- ministration for an airport capacity enhance- (6) in paragraph (6)(E) by inserting ‘‘or trator; and ment project (as defined in section 47178) even if Board’’ after ‘‘Council’’; ‘‘(B)(i) is needed to respond to a recommenda- that airport has not met the requirements of (7) in paragraph (6)(F) by inserting ‘‘of the tion from the National Transportation Safety part 150 of title 14, Code of Federal Regula- Council or Board’’ after ‘‘member’’; Board; or tions.’’. (8) in the second sentence of subparagraph ‘‘(ii) is necessary for an airport to comply SEC. 207. LIMITATIONS. (6)(G)— with part 139 of title 14, Code of Federal Regula- Nothing in this title, including any amend- (A) by striking ‘‘Council’’ and inserting tions (relating to airport certification). ment made by this title, shall preempt or inter- ‘‘Board’’; and ‘‘(2) AVIATION SECURITY PROJECT.—The term fere with— (B) by striking ‘‘appointed under paragraph ‘aviation security project’ means a security (1) any practice of seeking public comment; (2)(E)’’; project at an airport required by the Department (2) any power, jurisdiction, or authority that (9) in paragraph (6)(H)— of Homeland Security. a State agency or an airport sponsor has with (A) by striking ‘‘SUBCOMMITTEE’’ in the sub- ‘‘(3) FEDERAL AGENCY.—The term ‘Federal respect to carrying out an airport capacity en- paragraph heading and inserting ‘‘BOARD’’; agency’ means a department or agency of the hancement project; and (B) by striking ‘‘under paragraph (2)(E)’’ in United States Government. (3) any obligation to comply with the provi- clause (i) and inserting ‘‘to the Board’’; and sions of the National Environmental Policy Act (C) by striking ‘‘Air Traffic Services Sub- ‘‘§ 47178. Definitions of 1969 (42 U.S.C. 4371 et seq.) and the regula- committee’’ and inserting ‘‘Board’’; ‘‘In this subchapter, the following definitions tions issued by the Council on Environmental (10) in paragraph (6)(I)(i)— apply: Quality to carry out such Act. (A) by striking ‘‘appointed under paragraph ‘‘(1) AIRPORT SPONSOR.—The term ‘airport SEC. 208. RELATIONSHIP TO OTHER REQUIRE- (2)(E) is’’ and inserting ‘‘is serving as’’; and sponsor’ has the meaning given the term ‘spon- MENTS. (B) by striking ‘‘Subcommittee’’ and inserting sor’ under section 47102. The coordinated review process required ‘‘Board’’; ‘‘(2) CONGESTED AIRPORT.—The term ‘con- under the amendments made by this title shall (11) in paragraph (6)(I)(ii)— gested airport’ means an airport that accounted apply to an airport capacity enhancement (A) by striking ‘‘appointed under paragraph for at least 1 percent of all delayed aircraft op- project at a congested airport whether or not the (2)(E)’’ and inserting ‘‘who is a member of the erations in the United States in the most recent project is designated by the Secretary of Trans- Board’’; and year for which such data is available and an portation as a high-priority transportation in- (B) by striking ‘‘Subcommittee’’ and inserting airport listed in table 1 of the Federal Aviation frastructure project under Executive Order 13274 ‘‘Board’’; Administration’s Airport Capacity Benchmark (67 Fed. Reg. 59449; relating to environmental (12) in paragraph (6)(K) by inserting ‘‘or Report 2001. stewardship and transportation infrastructure Board’’ after ‘‘Council’’; (13) in paragraph (6)(L) by inserting ‘‘or ‘‘(3) AIRPORT CAPACITY ENHANCEMENT project reviews). PROJECT.—The term ‘airport capacity enhance- Board’’ after ‘‘Council’’ each place it appears; TITLE III—FEDERAL AVIATION REFORM ment project’ means— and ‘‘(A) a project for construction or extension of SEC. 301. MANAGEMENT ADVISORY COMMITTEE (14) in paragraph (7)— MEMBERS. a runway, including any land acquisition, taxi- (A) by striking ‘‘SUBCOMMITTEE’’ in the para- Section 106(p) is amended— graph heading and inserting ‘‘BOARD’’; way, or safety area associated with the runway (1) in the subsection heading by inserting or runway extension; and (B) by striking subparagraph (A) and insert- ‘‘AND AIR TRAFFIC SERVICES BOARD’’ after ‘‘(B) such other airport development projects ing the following: ‘‘COUNCIL’’; and ‘‘(A) ESTABLISHMENT.—The Administrator as the Secretary may designate as facilitating a (2) in paragraph (2)— reduction in air traffic congestion and delays.’’. shall establish a board that is independent of (A) by striking ‘‘consist of’’ and all that fol- the Council by converting the Air Traffic Serv- (b) CONFORMING AMENDMENT.—The analysis lows through ‘‘members, who’’ and inserting for chapter 471 of such title is amended by add- ices Subcommittee of the Council, as in effect on ‘‘consist of 13 members, who’’; the day before the date of enactment of the ing at the end the following: (B) by inserting after ‘‘Senate’’ in subpara- Flight 100—Century of Aviation Reauthoriza- graph (C)(i) ‘‘, except that initial appointments ‘‘SUBCHAPTER III—AIRPORT PROJECT tion Act, into such board. The board shall be made after May 1, 2003, shall be made by the STREAMLINING known as the Air Traffic Services Board (in this Secretary of Transportation’’; ‘‘47171. DOT as lead agency. subsection referred to as the ‘Board’).’’; (C) by striking the semicolon at the end of ‘‘47172. Categorical exclusions. (C) by redesignating subparagraphs (B) ‘‘47173. Access restrictions to ease construction. subparagraph (C)(ii) and inserting ‘‘; and’’; and (D) by striking ‘‘employees, by—’’ in subpara- through (F) as subparagraphs (D) through (H), ‘‘47174. Airport revenue to pay for mitigation. graph (D) and all that follows through the pe- respectively; ‘‘47175. Airport funding of FAA staff. (D) by inserting after subparagraph (A) the riod at the end of subparagraph (E) and insert- ‘‘47176. Authorization of appropriations. following: ing ‘‘employees, by the Secretary of Transpor- ‘‘47177. Designation of aviation safety and avia- ‘‘(B) MEMBERSHIP AND QUALIFICATIONS.—Sub- tation.’’. tion security projects for priority ject to paragraph (6)(C), the Board shall consist environmental review. SEC. 302. REORGANIZATION OF THE AIR TRAFFIC of 5 members, one of whom shall be the Adminis- SERVICES SUBCOMMITTEE. trator and shall serve as chairperson. The re- ‘‘47178. Definitions.’’. Section 106(p) is amended— SEC. 205. GOVERNOR’S CERTIFICATE. (1) in paragraph (3)— maining members shall be appointed by the Section 47106(c) of title 49, United States Code, (A) by striking ‘‘(A) NO FEDERAL OFFICER OR President with the advice and consent of the is amended— EMPLOYEE.—’’; Senate and— (1) in paragraph (1)— (B) by striking ‘‘or (2)(E)’’ and inserting ‘‘or ‘‘(i) shall have a fiduciary responsibility to (A) by inserting ‘‘and’’ after the semicolon at to the Air Traffic Services Board’’; and represent the public interest; the end of subparagraph (A)(ii); (C) by striking subparagraphs (B) and (C); ‘‘(ii) shall be citizens of the United States; and (B) by striking subparagraph (B); and (2) in paragraph (4)(C) by inserting ‘‘or Air ‘‘(iii) shall be appointed without regard to po- (C) by redesignating subparagraph (C) as sub- Traffic Services Board’’ after ‘‘Council’’ each litical affiliation and solely on the basis of their paragraph (B); place it appears; professional experience and expertise in one or (2) in paragraph (2)(A) by striking ‘‘stage 2’’ (3) in paragraph (5) by inserting ‘‘, the Air more of the following areas and, in the aggre- and inserting ‘‘stage 3’’; Traffic Services Board,’’ after ‘‘Council’’; gate, should collectively bring to bear expertise (4) in paragraph (6)(C)— (3) by striking paragraph (4); and in all of the following areas: (A) by striking ‘‘SUBCOMMITTEE’’ in the sub- ‘‘(I) Management of large service organiza- (4) by redesignating paragraph (5) as para- paragraph heading and inserting ‘‘BOARD’’; tions. graph (4). (B) by striking ‘‘member’’ and inserting ‘‘(II) Customer service. SEC. 206. CONSTRUCTION OF CERTAIN AIRPORT ‘‘members’’; ‘‘(III) Management of large procurements. CAPACITY PROJECTS. (C) by striking ‘‘under paragraph (2)(E)’’ the ‘‘(IV) Information and communications tech- Section 47504(c)(2) of title 49, United States first place it appears and inserting ‘‘to the Air nology. Code, is amended— Traffic Services Board’’; and ‘‘(V) Organizational development. (1) by moving subparagraphs (C) and (D) 2 (D) by striking ‘‘of the members first’’ and all ‘‘(VI) Labor relations. ems to the right; that follows through the period at the end and ‘‘(C) PROHIBITIONS ON MEMBERS OF BOARD.— (2) by striking ‘‘and’’ at the end of subpara- inserting ‘‘the first members of the Board shall No member of the Board may— graph (C); be the members of the Air Traffic Services Sub- ‘‘(i) have a pecuniary interest in, or own stock (3) by striking the period at the end of subcommittee of the Council on the day before the in or bonds of, an aviation or aeronautical en- paragraph (D) and inserting ‘‘; and’’; and date of enactment of the Flight 100—Century of terprise, except an interest in a diversified mu- (4) by adding at the end the following: Aviation Reauthorization Act who shall serve as tual fund or an interest that is exempt from the ‘‘(E) to an airport operator of a congested air- members of the Board until their respective application of section 208 of title 18; port (as defined in section 47178) and a unit of terms as members of the Subcommittee would ‘‘(ii) engage in another business related to local government referred to in paragraph (1)(B) have ended under this subparagraph, as in ef- aviation or aeronautics; or of this subsection to carry out a project to miti- fect on such day.’’; ‘‘(iii) be a member of any organization that gate noise in the area surrounding the airport if (5) in paragraph (6)(D) by striking ‘‘under engages, as a substantial part of its activities, in the project is included as a commitment in a paragraph (2)(E)’’ and inserting ‘‘to the activities to influence aviation-related legisla- record of decision of the Federal Aviation Ad- Board’’; tion.’’;

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.026 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5215 (E) by striking ‘‘Subcommittee’’ each place it (C) by striking the period at the end of clause SEC. 403. DEFINITIONS. appears in subparagraphs (D) and (E) (as redes- (iii) and inserting ‘‘; and’’; and (a) IN GENERAL.—Section 40102(a) is amend- ignated by subparagraph (C) of this paragraph) (D) by adding at the end the following: ed— and inserting ‘‘Board’’; ‘‘(iv) the management of cost-reimbursable (1) by redesignating paragraphs (38) through (F) by striking ‘‘approve’’ in subparagraph contracts.’’; (42) as paragraphs (43) through (47), respec- (E)(v)(I) (as so redesignated) and inserting (7) in paragraph (5)(C)(i) by striking ‘‘pre- tively; ‘‘make recommendations on’’; pared by the Administrator’’; (2) by inserting after paragraph (37) the fol- (G) by striking ‘‘request’’ in subparagraph (8) in paragraph (5)(C)(ii) by striking ‘‘and lowing: (E)(v)(II) (as so redesignated) and inserting the Secretary of Transportation’’ and inserting ‘‘(42) ‘small hub airport’ means a commercial ‘‘recommendations’’; ‘‘and the Board’’; and service airport (as defined in section 47102) that (H) by striking ‘‘ensure that the budget re- (9) in paragraph (5)(C)(iii)— has at least 0.05 percent but less than 0.25 per- quest supports’’ in subparagraph (E)(v)(III) (as (A) by inserting ‘‘agency’s’’ before ‘‘annual’’; cent of the passenger boardings.’’; so redesignated) and inserting ‘‘base such budg- and (3) by redesignating paragraphs (33) through et recommendations on’’; (B) by striking ‘‘developed under subpara- (37) as paragraphs (37) through (41) respec- (I) by striking ‘‘The Secretary shall submit’’ graph (A) of this subsection.’’ and inserting ‘‘for tively; in subparagraph (E) (as so redesignated) and all air traffic control services.’’. (4) by inserting after paragraph (32) the fol- that follows through the period at the end of SEC. 304. SMALL BUSINESS OMBUDSMAN. lowing: such subparagraph (E) and inserting ‘‘The Sec- Section 106 is amended by adding at the end ‘‘(36) ‘passenger boardings’— retary shall submit the budget recommendations the following: ‘‘(A) means, unless the context indicates oth- referred to in clause (v) to the President who ‘‘(s) SMALL BUSINESS OMBUDSMAN.— erwise, revenue passenger boardings in the shall transmit such recommendations to the ‘‘(1) ESTABLISHMENT.—There shall be in the United States in the prior calendar year on an Committee on Transportation and Infrastruc- Administration a Small Business Ombudsman. aircraft in service in air commerce, as the Sec- ture and the Committee on Appropriations of ‘‘(2) GENERAL DUTIES AND RESPONSIBILITIES.— retary determines under regulations the Sec- the House of Representatives and the Committee The Ombudsman shall— retary prescribes; and on Commerce, Science, and Transportation and ‘‘(A) be appointed by the Administrator; ‘‘(B) includes passengers who continue on an the Committee on Appropriations of the Senate ‘‘(B) serve as a liaison with small businesses aircraft in international flight that stops at an together with the annual budget request of the in the aviation industry; airport in the 48 contiguous States, Alaska, or Federal Aviation Administration.’’; ‘‘(C) be consulted when the Administrator Hawaii for a nontraffic purpose.’’; (J) by striking subparagraph (F) (as so redes- proposes regulations that may affect small busi- (5) by redesignating paragraph (32) as para- ignated) and inserting the following: nesses in the aviation industry; graph (35); ‘‘(F) BOARD PERSONNEL MATTERS.—The Board ‘‘(D) provide assistance to small businesses in (6) by inserting after paragraph (31) the fol- may appoint and terminate any personnel that resolving disputes with the Administration; and lowing: may be necessary to enable the Board to perform ‘‘(E) report directly to the Administrator.’’. ‘‘(34) ‘nonhub airport’ means a commercial its duties, and may procure temporary and SEC. 305. FAA PURCHASE CARDS. service airport (as defined in section 47102) that intermittent services under section 40122.’’; (a) IN GENERAL.—The Administrator of the has less than 0.05 percent of the passenger (K) in subparagraph (G) (as so redesig- Federal Aviation Administration shall take ap- boardings.’’; nated)— propriate actions to implement the recommenda- (7) by redesignating paragraphs (30) and (31) (i) by striking clause (i); tions contained in the report of the General Ac- as paragraphs (32) and (33), respectively; (ii) by redesignating clauses (ii), (iii), and (iv) counting Office entitled ‘‘FAA Purchase Cards: (8) by inserting after paragraph (29) the fol- as clauses (i), (ii), and (iii), respectively; and Weak Controls Resulted in Instances of Im- lowing: (iii) by striking ‘‘Subcommittee’’ each place it proper and Wasteful Purchases and Missing As- ‘‘(31) ‘medium hub airport’ means a commer- appears in clauses (i), (ii), and (iii) (as so redes- sets’’, numbered GAO–03–405 and dated March cial service airport (as defined in section 47102) ignated) and inserting ‘‘Board’’; 21, 2003. that has at least 0.25 percent but less than 1.0 (L) in subparagraph (H) (as so redesig- (b) REPORT.—Not later than 1 year after the percent of the passenger boardings.’’; nated)— date of enactment of this Act, the Administrator (9) by redesignating paragraph (29) as para- (i) by striking ‘‘Subcommittee’’ each place it shall transmit to Congress a report containing a graph (30); and appears and inserting ‘‘Board’’; description of the actions taken by the Adminis- (10) by inserting after paragraph (28) the fol- (ii) by striking ‘‘Administrator, the Council’’ trator under this section. lowing: each place it appears in clauses (i) and (ii) and ‘‘(29) ‘large hub airport’ means a commercial inserting ‘‘Secretary’’; and TITLE IV—AIRLINE SERVICE service airport (as defined in section 47102) that (iii) in clause (ii) by striking ‘‘(B)(i)’’ and in- IMPROVEMENTS has at least 1.0 percent of the passenger serting ‘‘(D)(i)’’; and SEC. 401. IMPROVEMENT OF AVIATION INFORMA- boardings.’’. (M) by adding at the end the following: TION COLLECTION. (b) CONFORMING AMENDMENTS.— ‘‘(I) AUTHORIZATION.—There are authorized (a) IN GENERAL.—Section 329(b)(1) is amended (1) AIR SERVICE TERMINATION NOTICE.—Section to be appropriated to the Board such sums as by striking ‘‘except that in no case’’ and all that 41719(d) is amended— may be necessary for the Board to carry out its follows through the semicolon at the end. (A) by striking paragraph (1); and activities.’’. (b) EFFECTIVE DATE.—The amendment made (B) by redesignating paragraphs (2) through SEC. 303. CLARIFICATION OF THE RESPONSIBIL- by subsection (a) shall take effect on the date of (5) as paragraphs (1) through (4), respectively. ITIES OF THE CHIEF OPERATING OF- the issuance of a final rule to modernize the Or- (2) SMALL COMMUNITY AIR SERVICE.—Section FICER. igin and Destination Survey of Airline Pas- 41731(a) is amended by striking paragraphs (3) Section 106(r) is amended— senger Traffic, pursuant to the Advance Notice through (5). (1) in each of paragraphs (1)(A) and (2)(A) by of Proposed Rulemaking published July 15, 1998 (3) AIRPORTS NOT RECEIVING SUFFICIENT SERV- striking ‘‘Air Traffic Services Subcommittee of (Regulation Identifier Number 2105–AC71), that ICE.—Section 41743 is amended— the Aviation Management Advisory Council’’ reduces the reporting burden for air carriers (A) in subsection (c)(1) by striking ‘‘(as that and inserting ‘‘Air Traffic Services Board’’; through electronic filing of the survey data col- term is defined in section 41731(a)(5))’’; and (2) in paragraph (2)(B) by inserting ‘‘in’’ be- lected under section 329(b)(1) of title 49, United (B) in subsection (f) by striking ‘‘(as defined fore ‘‘paragraph (3).’’; States Code. in section 41731(a)(3))’’. (3) in paragraph (3) by striking ‘‘Air Traffic SEC. 402. DATA ON INCIDENTS AND COMPLAINTS (4) PRESERVATION OF BASIC ESSENTIAL AIR Control Subcommittee of the Aviation Manage- INVOLVING PASSENGER AND BAG- SERVICE AT SINGLE CARRIER DOMINATED HUB AIR- ment Advisory Committee’’ and inserting ‘‘Air GAGE SECURITY SCREENING. PORTS.—Section 41744(b) is amended by striking Traffic Services Board’’; Section 329 is amended by adding at the end ‘‘(as defined in section 41731)’’. (4) in paragraph (4) by striking ‘‘Transpor- the following: (5) REGIONAL AIR SERVICE INCENTIVE PRO- tation and Congress’’ and inserting ‘‘Transpor- ‘‘(e) INCIDENTS AND COMPLAINTS INVOLVING GRAM.—Section 41762 is amended— tation, the Committee on Transportation and PASSENGER AND BAGGAGE SECURITY SCREEN- (A) by striking paragraphs (11) and (15); and Infrastructure of the House of Representatives, ING.— (B) by redesignating paragraphs (12), (13), and the Committee on Commerce, Science, and ‘‘(1) PUBLICATION OF DATA.—The Secretary of (14), and (16) as paragraphs (11), (12), (13), and Transportation of the Senate’’; Transportation shall publish data on incidents (14), respectively. (5) in paragraph (5)(A)— and complaints involving passenger and bag- SEC. 404. CLARIFICATIONS TO PROCUREMENT AU- (A) by striking ‘‘develop a’’ and inserting ‘‘im- gage security screening in a manner comparable THORITY. plement the’’; and to other consumer complaint and incident data. (a) DUTIES AND POWERS.—Section 40110(c) is (B) by striking ‘‘, including the establishment ‘‘(2) MONTHLY REPORTS FROM SECRETARY OF amended— of’’ and inserting ‘‘in order to further’’; HOMELAND SECURITY.—To assist the Secretary of (1) by striking ‘‘Administration—’’ and all (6) in paragraph (5)(B)— Transportation in the publication of data under that follows through ‘‘(2) may—’’ and inserting (A) by striking ‘‘review’’ and all that follows paragraph (1), the Secretary of Homeland Secu- ‘‘Administration may—’’; through ‘‘Administration,’’ and inserting ‘‘over- rity shall submit monthly to the Secretary of (2) by striking subparagraph (D); see the day-to-day operational functions of the Transportation a report on the number of com- (3) by redesignating subparagraphs (A), (B), Administration for air traffic control,’’; plaints about security screening received by the (C), (E), and (F) as paragraphs (1), (2), (3), (4), (B) by striking ‘‘and’’ at the end of clause (ii); Secretary of Homeland Security.’’. and (5) respectively; and

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.026 H11PT1 H5216 CONGRESSIONAL RECORD — HOUSE June 11, 2003 (4) by moving such paragraphs (1) through (5) ‘‘(E) The agency will include in its applica- knowledge receipt of the notice and indicate 2 ems to the left. tion or notice submitted under subparagraph (A) any objection to the imposition of a passenger (b) ACQUISITION MANAGEMENT SYSTEM.—Sec- copies of all certifications of agreement or dis- facility fee under this subsection for any project tion 40110(d) is amended— agreement received under subparagraph (D). identified in the notice within 30 days after re- (1) in paragraph (1)— ‘‘(F) For the purpose of this section, an eligi- ceipt of the eligible agency’s notice. (A) by striking ‘‘, not later than January 1, ble agency providing notice and an opportunity ‘‘(5) AUTHORITY TO IMPOSE FEE.—Unless the 1996,’’; and for consultation to an air carrier or foreign air Secretary objects within 30 days after receipt of (B) by striking ‘‘provides for more timely and carrier is deemed to have satisfied the require- the eligible agency’s notice, the eligible agency cost-effective acquisitions of equipment and ma- ments of this paragraph if the eligible agency is authorized to impose a passenger facility fee terials.’’ and inserting the following: limits such notices and consultations to air car- in accordance with the terms of its notice under ‘‘provides for— riers and foreign air carriers that have a signifi- this subsection. ‘‘(A) more timely and cost-effective acquisi- cant business interest at the airport. In the sub- ‘‘(6) DEADLINE.—Not later than 180 days after tions of equipment, services, property, and mate- paragraph, the term ‘significant business inter- the date of enactment of this subsection, the rials; and est’ means an air carrier or foreign air carrier Secretary shall propose such regulations as may ‘‘(B) the resolution of bid protests and con- that had no less than 1.0 percent of passenger be necessary to carry out this subsection. tract disputes related thereto, using consensual boardings at the airport in the prior calendar ‘‘(7) SUNSET.—This subsection shall not be in alternative dispute resolution techniques to the year, had at least 25,000 passenger boardings at effect 3 years after the date of issuance of regu- maximum extent practicable.’’; and the airport in the prior calendar year, or pro- lations to carry out this subsection. (2) by striking paragraph (4), relating to the vides scheduled service at the airport.’’; ‘‘(8) ACKNOWLEDGEMENT NOT AN ORDER.—An effective date, and inserting the following: (2) by redesignating paragraph (3) as para- acknowledgement issued under paragraph (4) ‘‘(4) ADJUDICATION OF CERTAIN BID PROTESTS graph (4); shall not be considered an order of the Secretary AND CONTRACT DISPUTES.—A bid protest or con- (3) by inserting after paragraph (2) the fol- issued under section 46110.’’. LARIFICATION OF APPLICABILITY OF PFCS tract dispute that is not addressed or resolved lowing: (c) C TO MILITARY CHARTERS.—Section 40117(e)(2) is through alternative dispute resolution shall be ‘‘(3) Before submitting an application, the eli- amended— adjudicated by the Administrator through Dis- gible agency must provide reasonable notice and (1) by striking the period at the end of sub- pute Resolution Officers or Special Masters of an opportunity for public comment. The Sec- paragraph (C) and inserting a semicolon; the Federal Aviation Administration Office of retary shall prescribe regulations that define reasonable notice and provide for at least the (2) by striking ‘‘and’’ at the end of subpara- Dispute Resolution for Acquisition, acting pur- graph (D); suant to sections 46102, 46104, 46105, 46106 and following under this paragraph: ‘‘(A) A requirement that the eligible agency (3) by striking the period at the end of sub- 46107.’’. provide public notice of intent to collect a pas- paragraph (E) and inserting ‘‘; and’’; and (c) AUTHORITY OF ADMINISTRATOR TO AC- senger facility fee so as to inform those inter- (4) by inserting after subparagraph (E) the QUIRE SERVICES.—Section 106(f)(2)(A)(ii) is ested persons and agencies who may be affected, following: amended by inserting ‘‘, services,’’ after ‘‘prop- which public notice may include— ‘‘(F) enplaning at an airport if the passenger erty’’. ‘‘(i) publication in local newspapers of general did not pay for the air transportation which re- SEC. 405. LOW-EMISSION AIRPORT VEHICLES AND circulation; sulted in such enplanement due to charter ar- GROUND SUPPORT EQUIPMENT. ‘‘(ii) publication in other local media; and rangements and payment by the Department of (a) IN GENERAL.—Section 40117(a)(3) is ‘‘(iii) posting the notice on the agency’s Web Defense.’’. amended by inserting at the end the following: site. (d) TECHNICAL AMENDMENTS.—Section ‘‘(G) A project for the acquisition or conver- ‘‘(B) A requirement for submission of public 40117(a)(3)(C) is amended— sion of ground support equipment or airport- comments no sooner than 30 days, and no later (1) by striking ‘‘for costs’’ and inserting ‘‘A owned vehicles used at a commercial service air- than 45 days, after the date of the publication project’’; and port with, or to, low-emission technology (as de- of the notice. (2) by striking the semicolon and inserting a fined in section 47102) or cleaner burning con- ‘‘(C) A requirement that the agency include in period. ventional fuels, or the retrofitting of such equip- its application or notice submitted under sub- SEC. 407. FINANCIAL MANAGEMENT OF PAS- ment or vehicles that are powered by a diesel or paragraph (A) copies of all comments received SENGER FACILITY FEES. gasoline engine with emission control tech- under subparagraph (B).’’; and (a) IN GENERAL.—Section 40117 is further nologies certified or verified by the Environ- (4) in the first sentence of paragraph (4) (as amended by adding at the end the following: mental Protection Agency to reduce emissions, if redesignated by paragraph (2) of this sub- ‘‘(m) FINANCIAL MANAGEMENT OF FEES.— ‘‘(1) HANDLING OF FEES.— the airport is located in an air quality non- section) by striking ‘‘shall’’ and inserting ‘‘(A) PLACEMENT OF FEES IN ESCROW AC- attainment area (as defined in section 171(2) of ‘‘may’’. COUNT.—Subject to subparagraph (B), passenger (b) PILOT PROGRAM FOR PASSENGER FACILITY the Clean Air Act (42 U.S.C. 7501(2)) or a main- facility revenue held by an air carrier or any of tenance area referred to in section 175A of such FEE AUTHORIZATIONS AT NONHUB AIRPORTS.— Section 40117 is amended by adding at the end its agents shall be segregated from the carrier’s Act (42 U.S.C. 7505a), and if such project will re- cash and other assets and placed in an escrow sult in an airport receiving appropriate emission the following: ‘‘(l) PILOT PROGRAM FOR PASSENGER FACILITY account for the benefit of the eligible agencies credits as described in section 47138.’’. entitled to such revenue. (b) MAXIMUM COST FOR CERTAIN LOW-EMIS- FEE AUTHORIZATIONS AT NONHUB AIRPORTS.— ‘‘(1) IN GENERAL.—The Secretary shall estab- ‘‘(B) ALTERNATIVE METHOD OF COMPLIANCE.— SION TECHNOLOGY PROJECTS.—Section 40117(b) is Instead of placing amounts in an escrow ac- amended by adding at the end the following: lish a pilot program to test alternative procedures for authorizing eligible agencies for count under subparagraph (A), an air carrier ‘‘(5) MAXIMUM COST FOR CERTAIN LOW-EMIS- may provide to the eligible agency a letter of SION TECHNOLOGY PROJECTS.—The maximum cost nonhub airports to impose passenger facility fees. An eligible agency may impose in accord- credit, bond, or other form of adequate and im- that may be financed by imposition of a pas- mediately available security in an amount equal senger facility fee under this section for a ance with the provisions of this subsection a passenger facility fee under this section. For to estimated remittable passenger facility fees project described in subsection (a)(3)(G) with re- for 180 days, to be assessed against later audit, spect to vehicle or ground support equipment purposes of the pilot program, the procedures in this subsection shall apply instead of the proce- upon which security the eligible agency shall be may not exceed the incremental amount of the entitled to draw automatically, without neces- project cost that is greater than the cost of ac- dures otherwise provided in this section. OTICE AND OPPORTUNITY FOR CONSULTA- sity of any further legal or judicial action to ef- quiring a vehicle or equipment that is not low- ‘‘(2) N TION.—The eligible agency must provide reason- fectuate foreclosure. emission and would be used for the same pur- able notice and an opportunity for consultation ‘‘(2) TRUST FUND STATUS.—If an air carrier or pose, or the cost of low-emission retrofitting, as to air carriers and foreign air carriers in accord- its agent commingles passenger facility revenue determined by the Secretary.’’. ance with subsection (c)(2) and must provide in violation of the subsection, the trust fund (c) GROUND SUPPORT EQUIPMENT DEFINED.— reasonable notice and opportunity for public status of such revenue shall not be defeated by Section 40117(a) is amended— an inability of any party to identify and trace (1) by redesignating paragraphs (4) and (5) as comment in accordance with subsection (c)(3). ‘‘(3) NOTICE OF INTENTION.—The eligible agen- the precise funds in the accounts of the air car- paragraphs (5) and (6), respectively; cy must submit to the Secretary a notice of in- rier. (2) by inserting after paragraph (3) the fol- tention to impose a passenger facility fee under ‘‘(3) PROHIBITION.—An air carrier and its lowing: this subsection. This shall include— agents may not grant to any third party any se- ‘‘(4) GROUND SUPPORT EQUIPMENT.—The term ‘‘(A) information that the Secretary may re- curity or other interest in passenger facility rev- ‘ground support equipment’ means service and quire by regulation on each project for which enue. maintenance equipment used at an airport to authority to impose a passenger facility fee is ‘‘(4) COMPENSATION TO ELIGIBLE ENTITIES.— support aeronautical operations and related ac- sought; An air carrier that fails to comply with any re- tivities.’’. ‘‘(B) the amount of revenue from passenger quirement of this subsection, or otherwise un- SEC. 406. STREAMLINING OF THE PASSENGER FA- facility fees that is proposed to be collected for necessarily causes an eligible entity to expend CILITY FEE PROGRAM. each project; and funds, through litigation or otherwise, to re- (a) APPLICATION REQUIREMENTS.—Section ‘‘(C) the level of the passenger facility fee that cover or retain payment of passenger facility 40117(c) is amended— is proposed. revenue to which the eligible entity is otherwise (1) by adding at the end of paragraph (2) the ‘‘(4) ACKNOWLEDGEMENT OF RECEIPT AND INDI- entitled shall be required to compensate the eli- following: CATION OF OBJECTION.—The Secretary shall ac- gible agency for the costs so incurred.

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‘‘(5) INTEREST ON AMOUNTS.—An air carrier ‘‘(b) DURATION.—Except as provided in sub- tinue the pilot program for an additional 2 years that collects passenger facility fees is entitled to section (k), the pilot program shall be in effect and expand participation in the program to up receive the interest on passenger facility fee ac- for a period of 2 years. to 7 additional airports if the Administrator de- counts, if the accounts are established and ‘‘(c) GUIDELINES.— termines pursuant to subsection (h) that the maintained in compliance with this sub- ‘‘(1) ISSUANCE.—The Administrator shall issue pilot program has facilitated more effective use section.’’. guidelines concerning the pilot program. Such of air traffic capacity and if the Secretary deter- (b) EFFECTIVE DATE.— guidelines, at a minimum, shall define the cri- mines that the pilot program has had no adverse (1) IN GENERAL.—The amendment made by teria and process for determining when a capac- effect on airline competition or the availability subsection (a) shall take effect 60 days after the ity reduction event exists that warrants the use of air services to communities. The Adminis- date of enactment of this Act. of collaborative decisionmaking among carriers trator shall select the additional airports to par- (2) EXISTING REGULATIONS.—Beginning 60 at airports participating in the pilot program ticipate in the extended pilot program in the days after the date of enactment of this Act, the and that prescribe the methods of communica- same manner in which airports were initially se- provisions of section 158.49 of title 14, Code of tion to be implemented among carriers during lected to participate.’’. Federal Regulations, that permit the commin- such an event. (b) CONFORMING AMENDMENT.—The analysis gling of passenger facility fees with other air ‘‘(2) VIEWS.—The Administrator may obtain for chapter 401 is amended by adding at the end carrier revenue shall have no force or effect. the views of interested parties in issuing the the following: guidelines. SEC. 408. GOVERNMENT CONTRACTING FOR AIR ‘‘40129. Collaborative decisionmaking pilot pro- TRANSPORTATION. ‘‘(d) EFFECT OF DETERMINATION OF EXISTENCE gram.’’. (a) GOVERNMENT-FINANCED AIR TRANSPOR- OF CAPACITY REDUCTION EVENT.—Upon a deter- SEC. 411. AVAILABILITY OF AIRCRAFT ACCIDENT TATION.—Section 40118(f)(2) is amended by in- mination by the Administrator that a capacity SITE INFORMATION. serting before the period at the end the fol- reduction event exists, the Administrator may lowing: ‘‘, except that it shall not include a con- authorize air carriers and foreign air carriers (a) DOMESTIC AIR TRANSPORTATION.—Section tract for the transportation by air of pas- operating at an airport participating in the pilot 41113(b) is amended— (1) in paragraph (16) by striking ‘‘the air car- sengers’’. program to communicate for a period of time not (b) AIRLIFT SERVICE.—Section 41106(b) is to exceed 24 hours with each other concerning rier’’ the third place it appears; and amended by inserting after ‘‘military depart- changes in their respective flight schedules in (2) by adding at the end the following: ment’’ the following: ‘‘, or by a person that has order to use air traffic capacity most effectively. ‘‘(17)(A) An assurance that, in the case of an contracted with the Secretary of Defense or the The Administration shall facilitate and monitor accident that results in significant damage to a Secretary of a military department,’’. such communication. man-made structure or other property on the ground that is not government-owned, the air SEC. 409. OVERFLIGHTS OF NATIONAL PARKS. ‘‘(e) SELECTION OF PARTICIPATING AIR- carrier will promptly provide notice, in writing, (a) AIR TOUR MANAGEMENT ACT CLARIFICA- PORTS.—Not later than 30 days after the date on to the extent practicable, directly to the owner TIONS.—Section 40128 is amended— which the Administrator establishes the pilot (1) in subsection (a)(1) by inserting ‘‘, as de- program, the Administrator shall select 3 air- of the structure or other property about liability fined by this section,’’ after ‘‘lands’’ the first ports to participate in the pilot program from for any property damage and means for obtain- place it appears; among the most capacity-constrained airports in ing compensation. (2) in subsections (b)(3)(A), (b)(3)(B), and the country based on the Administration’s Air- ‘‘(B) At a minimum, the written notice shall (b)(3)(C) by inserting ‘‘over a national park’’ port Capacity Benchmark Report 2001 or more advise an owner (i) to contact the insurer of the after ‘‘operations’’; recent data on airport capacity that is available property as the authoritative source for infor- (3) in subsection (b)(3)(D) by striking ‘‘at the to the Administrator. The Administrator shall mation about coverage and compensation; (ii) to park’’ and inserting ‘‘over a national park’’; select an airport for participation in the pilot not rely on unofficial information offered by air (4) in subsection (b)(3)(E) by inserting ‘‘over a program if the Administrator determines that carrier representatives about compensation by national park’’ after ‘‘operations’’ the first collaborative decisionmaking among air carriers the air carrier for accident-site property dam- place it appears; and foreign air carriers would reduce delays at age; and (iii) to obtain photographic or other (5) in subsections (c)(2)(A)(i) and (c)(2)(B) by the airport and have beneficial effects on reduc- detailed evidence of property damage as soon as inserting ‘‘over a national park’’ after ‘‘oper- ing delays in the national airspace system as a possible after the accident, consistent with re- ations’’; whole. strictions on access to the accident site. (6) in subsection (f)(1) by inserting ‘‘over a ‘‘(f) ELIGIBILITY OF AIR CARRIERS.—An air ‘‘(18) An assurance that, in the case of an ac- national park’’ after ‘‘operation’’; carrier or foreign air carrier operating at an air- cident in which the National Transportation (7) in subsection (f)(4)(A)— port selected to participate in the pilot program Safety Board conducts a public hearing or com- (A) by striking ‘‘commercial air tour oper- is eligible to participate in the pilot program if parable proceeding at a location greater than 80 ation’’ and inserting ‘‘commercial air tour oper- the Administrator determines that the carrier miles from the accident site, the air carrier will ation over a national park’’; and has the operational and communications capa- ensure that the proceeding is made available si- (B) by striking ‘‘park, or over tribal lands,’’ bility to participate in the pilot program. multaneously by electronic means at a location and inserting ‘‘park (except the Grand Canyon ‘‘(g) MODIFICATION OR TERMINATION OF PILOT open to the public at both the origin city and National Park), or over tribal lands (except PROGRAM AT AN AIRPORT.—The Administrator destination city of the air carrier’s flight if that those within or abutting the Grand Canyon Na- may modify or end the pilot program at an air- city is located in the United States.’’. tional Park),’’; port before the term of the pilot program has ex- (b) FOREIGN AIR TRANSPORTATION.—Section (8) in subsection (f)(4)(B) by inserting ‘‘over a pired, or may ban an air carrier or foreign air 41313(c) is amended by adding at the end the national park’’ after ‘‘operation’’; and carrier from participating in the program, if the following: (9) in the heading for paragraph (4) of sub- Administrator determines that the purpose of ‘‘(17) NOTICE CONCERNING LIABILITY FOR MAN- OVER A NATIONAL section (f) by inserting ‘‘ the pilot program is not being furthered by par- MADE STRUCTURES.— PARK’’ after ‘‘OPERATION’’. ticipation of the airport or air carrier or if the ‘‘(A) IN GENERAL.—An assurance that, in the (b) GRAND CANYON NATIONAL PARK SPECIAL Secretary of Transportation finds that the pilot case of an accident that results in significant FLIGHT RULES AREA OPERATION CURFEW.— program or the participation of an air carrier or damage to a man-made structure or other prop- (1) IN GENERAL.—The Administrator of the erty on the ground that is not government- Federal Aviation Administration may not re- foreign air carrier in the pilot program has had, or is having, an adverse effect on competition owned, the foreign air carrier will promptly pro- strict commercial Special Flight Rules Area op- vide notice, in writing, to the extent practicable, erations in the Dragon and Zuni Point corridors among carriers. ‘‘(h) EVALUATION.— directly to the owner of the structure or other of the Grand Canyon National Park during the ‘‘(1) IN GENERAL.—Before the expiration of the property about liability for any property dam- period beginning 1 hour after sunrise and end- 2-year period for which the pilot program is au- age and means for obtaining compensation. ing 1 hour before sunset, unless required for thorized under subsection (b), the Administrator ‘‘(B) MINIMUM CONTENTS.—At a minimum, the aviation safety purposes. shall determine whether the pilot program has written notice shall advise an owner (i) to con- (2) EFFECT ON EXISTING REGULATIONS.—Begin- facilitated more effective use of air traffic ca- tact the insurer of the property as the authori- ning on the date of enactment of this Act, sec- pacity and the Secretary shall determine wheth- tative source for information about coverage tion 93.317 of title 14, Code of Federal Regula- er the pilot program has had an adverse effect and compensation; (ii) to not rely on unofficial tions, shall not be in effect. on airline competition or the availability of air information offered by foreign air carrier rep- SEC. 410. COLLABORATIVE DECISIONMAKING services to communities. The Administrator shall resentatives about compensation by the foreign PILOT PROGRAM. also examine whether capacity benefits resulting air carrier for accident-site property damage; (a) IN GENERAL.—Chapter 401 is amended by from the participation in the pilot program of an and (iii) to obtain photographic or other de- adding at the end the following: airport resulted in capacity benefits to other tailed evidence of property damage as soon as ‘‘§ 40129. Collaborative decisionmaking pilot parts of the national airspace system. possible after the accident, consistent with re- program ‘‘(2) OBTAINING NECESSARY DATA.—The Ad- strictions on access to the accident site. ‘‘(a) ESTABLISHMENT.—Not later than 90 days ministrator may require participating air car- ‘‘(18) SIMULTANEOUS ELECTRONIC TRANS- after the date of enactment of this section, the riers and airports to provide data necessary to MISSION OF NTSB HEARING.—An assurance that, Administrator of the Federal Aviation Adminis- evaluate the pilot program’s impact. in the case of an accident in which the National tration shall establish a collaborative decision- ‘‘(i) EXTENSION OF PILOT PROGRAM.—At the Transportation Safety Board conducts a public making pilot program in accordance with this end of the 2-year period for which the pilot pro- hearing or comparable proceeding at a location section. gram is authorized, the Administrator may con- greater than 80 miles from the accident site, the

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.026 H11PT1 H5218 CONGRESSIONAL RECORD — HOUSE June 11, 2003 foreign air carrier will ensure that the pro- period following the date of enactment of this (B) by striking paragraph (2). ceeding is made available simultaneously by section, an air carrier using an aircraft to pro- (b) AIRPORTS NOT RECEIVING SUFFICIENT electronic means at a location open to the public vide scheduled passenger air transportation to SERVICE.—Section 41743 is amended— at both the origin city and destination city of display a notice, on an information placard (1) in the heading of subsection (a) by striking the foreign air carrier’s flight if that city is lo- available to each passenger on the aircraft, that ‘‘PILOT’’; cated in the United States.’’. informs the passengers of the nation in which (2) in subsection (a) by striking ‘‘pilot’’; (c) UPDATE PLANS.—Air carriers and foreign the aircraft was finally assembled.’’. (3) in subsection (c)— air carriers shall update their plans under sec- (b) CONFORMING AMENDMENT.—The analysis (A) by striking paragraph (3); tions 41113 and 41313 of title 49, United States for chapter 417 is amended by striking the item (B) by redesignating paragraphs (4) and (5) as Code, respectively, to reflect the amendments relating to section 41721 and inserting the fol- paragraphs (3) and (4), respectively; and (C) in paragraph (4) (as so redesignated)— lowing: made by subsections (a) and (b) of this section (i) by striking ‘‘and’’ at the end of subpara- not later than 90 days after the date of enact- ‘‘41721. Reports by carriers on incidents involv- graph (C); ment of this Act. ing animals during air transport. (ii) by striking the period at the end of sub- SEC. 412. SLOT EXEMPTIONS AT RONALD REAGAN ‘‘41722. Notice concerning aircraft assembly.’’. paragraph (D) and inserting ‘‘; and’’; and WASHINGTON NATIONAL AIRPORT. SEC. 414. SPECIAL RULE TO PROMOTE AIR SERV- (iii) by adding at the end the following: (a) BEYOND-PERIMETER EXEMPTIONS.—Section ICE TO SMALL COMMUNITIES. ‘‘(E) the assistance can be used in the fiscal 41718(a) is amended by striking ‘‘12’’ and insert- (a) IN GENERAL.—Subchapter I of chapter 417 year in which it is received.’’; and ing ‘‘24’’. is further amended by adding at the end the fol- (4) in subsection (f) by striking ‘‘pilot’’. (b) WITHIN-PERIMETER EXEMPTIONS.—Section lowing: (c) ESSENTIAL AIR SERVICE AUTHORIZATION.— 41718(b) is amended— ‘‘§ 41723. Special rule to promote air service to Section 41742 is amended— (1) by striking ‘‘12’’ and inserting ‘‘20’’; and small communities (1) in subsection (a)(2) by striking (2) by striking ‘‘that were designated as me- ‘‘$15,000,000’’ and inserting ‘‘$65,000,000’’; ‘‘In order to promote air service to small com- dium hub or smaller airports’’. (2) by adding at the end of subsection (a) the munities, the Secretary of Transportation shall (c) LIMITATIONS.— following: permit an operator of a turbine powered or mul- (1) GENERAL EXEMPTIONS.—Section 41718(c)(2) ‘‘(3) AUTHORIZATION FOR ADDITIONAL EMPLOY- tiengine piston powered aircraft with 10 pas- is amended by striking ‘‘two’’ and inserting ‘‘3’’. EES.—In addition to amounts authorized under senger seats or less (1) to provide air transpor- (2) ALLOCATION OF WITHIN-PERIMETER EXEMP- paragraphs (1) and (2), there are authorized to tation between an airport that is a nonhub air- TIONS.—Section 41718(c)(3) is amended— be appropriated such sums as may be necessary (A) in subparagraph (A)— port and another airport or between an airport for the Secretary of Transportation to hire and (i) by striking ‘‘four’’ and inserting ‘‘six’’; and that is not a commercial service airport and an- employ 4 additional employees for the office re- (ii) by striking ‘‘and’’ at the end; other airport, and (2) to sell individual seats on sponsible for carrying out the essential air serv- (B) in subparagraph (B)— that aircraft at a negotiated price, if the aircraft ice program.’’; and (i) by striking ‘‘eight’’ and inserting ‘‘ten’’; is otherwise operated in accordance with parts (3) by striking subsection (c). and 119 and 135 of title 14, Code of Federal Regula- (d) PROCESS FOR DISCONTINUING CERTAIN SUB- (ii) by striking the period at the end and in- tions, and the air transportation is otherwise SIDIES.—Section 41734 is amended by adding at serting ‘‘; and’’; and provided in accordance with part 298 of such the end the following: (C) by adding at the end the following: title 14.’’. ‘‘(i) PROCESS FOR DISCONTINUING CERTAIN ‘‘(C) four shall be for air transportation to (b) CONFORMING AMENDMENT.—The analysis SUBSIDIES.—If the Secretary determines that no airports without regard to their size.’’. for chapter 417 is further amended by adding at subsidy will be provided to a carrier to provide the end the following: (d) APPLICATION PROCEDURES.—Section essential air service to an eligible place because 41718(d) is amended to read as follows: ‘‘41723. Special rule to promote air service to the eligible place does not meet the requirements ‘‘(d) APPLICATION PROCEDURES.—The Sec- small communities.’’. of section 332 of the Department of Transpor- retary shall establish procedures to ensure that SEC. 415. SMALL COMMUNITY AIR SERVICE. tation and Related Agencies Appropriations Act, all requests for exemptions under this section (a) COMPENSATION GUIDELINES, LIMITATION, 2000 (49 U.S.C. 41731 note; 113 Stat. 1022), the are granted or denied within 90 days after the AND CLAIMS.— Secretary shall notify the affected community date on which the request is made.’’. (1) PAYMENT OF PROMOTIONAL AMOUNTS.— that the subsidy will cease but shall continue to (e) EFFECT OF PERIMETER RULES ON COMPETI- Section 41737(a)(2) is amended by inserting be- provide the subsidy for 90 days after providing TION AND AIR SERVICE.— fore the period at the end ‘‘or may be paid di- the notice to the community.’’. (1) IDENTIFICATION OF OTHER AIRPORTS.—The rectly to the unit of local government having ju- (e) JOINT PROPOSALS.—Section 41740 is amend- Secretary of Transportation shall identify air- risdiction over the eligible place served by the ed by inserting ‘‘, including joint fares,’’ after ports (other than Ronald Reagan Washington air carrier’’. ‘‘joint proposals’’. National Airport) that have imposed perimeter (2) LOCAL SHARE.—Section 41737(a) is amend- (f) COMMUNITY AND REGIONAL CHOICE PRO- rules like those in effect with respect to Ronald ed by adding at the end the following: GRAM.— Reagan Washington National Airport. ‘‘(3) PAYMENT OF COST BY LOCAL GOVERN- (1) IN GENERAL.—Subchapter II of chapter 417 is amended by adding at the end the following: (2) LIMITATION ON APPLICABILITY.—This sub- MENT.— section does not apply to perimeter rules im- ‘‘(A) GENERAL REQUIREMENT.—The guidelines ‘‘§ 41745. Community and regional choice proposed by Federal law. may require a unit of local government having gram (3) STUDY.—The Secretary shall conduct a jurisdiction over an eligible place that is less ‘‘(a) ESTABLISHMENT.—The Secretary of study of the effect that perimeter rules for air- than 170 miles from a medium or large hub or Transportation shall establish an alternate es- ports identified under paragraph (1) have on less than 75 miles from a small hub or a State sential air service pilot program in accordance competition and on air service to communities within the boundaries of which the eligible with the requirements of this section. outside the perimeter. place is located to pay 2.5 percent in fiscal year ‘‘(b) COMPENSATION TO ELIGIBLE PLACES.—In (4) REPORT.—Not later than 120 days after the 2005, 5 percent in fiscal year 2006, 7.5 percent in carrying out the program, the Secretary, instead date of enactment of this Act, the Secretary fiscal year 2007, and 10 percent in fiscal year of paying compensation to an air carrier to pro- shall transmit to Congress a report on the re- 2008 of the amount of compensation payable vide essential air service to an eligible place, sults of the study. under this subchapter for air transportation may pay compensation directly to a unit of local (f) EFFECT OF CHANGING DEFINITION OF COM- with respect to the eligible place to ensure the government having jurisdiction over the eligible MUTER AIR CARRIER.— continuation of that air transportation. place or a State within the boundaries of which (1) STUDY.—The Secretary shall study the ef- ‘‘(B) WAIVER.—The Secretary may waive the the eligible place is located. fects of changing the definition of commuter air requirement, or reduce the amount, of a pay- ‘‘(c) USE OF COMPENSATION.—A unit of local carrier in regulations of the Federal Aviation ment from a unit of local government under sub- government or State receiving compensation for Administration to increase the maximum size of paragraph (A) if the Secretary finds that— an eligible place under the program shall use aircraft of such carriers to 76 seats or less on air ‘‘(i) the unit of local government lacks the the compensation for any of the following pur- service to small communities and on commuter ability to pay; and poses: air carriers operating aircraft with 56 seats or ‘‘(ii) the loss of essential air service to the eli- ‘‘(1) To provide assistance to an air carrier to less. gible place would have an adverse effect on the provide scheduled air service to and from the el- (2) REPORT.—Not later than 90 days after the eligible place’s access to the national air trans- igible place, without being subject to the re- date of enactment of this Act, the Secretary portation system. quirements of 41732(b). shall transmit to Congress a report on the re- ‘‘(C) DETERMINATION OF MILEAGE.—In deter- ‘‘(2) To provide assistance to an air carrier to sults of the study. mining the mileage between the eligible place provide on-demand air taxi service to and from and a hub under this paragraph, the Secretary the eligible place. SEC. 413. NOTICE CONCERNING AIRCRAFT AS- SEMBLY. shall use the most commonly used highway ‘‘(3) To provide assistance to a person to pro- route between the eligible place and the hub.’’. vide scheduled or on-demand surface transpor- (a) IN GENERAL.—Subchapter I of chapter 417 (3) AUTHORITY TO MAKE AGREEMENTS AND tation to and from the eligible place and an air- is amended by adding at the end the following: INCUR OBLIGATIONS.—Section 41737(d) is amend- port in another place. ‘‘§ 41722. Notice concerning aircraft assembly ed— ‘‘(4) In combination with other units of local ‘‘The Secretary of Transportation shall re- (A) by striking ‘‘(1) The Secretary’’ and in- government in the same region, to provide trans- quire, beginning after the last day of the 1-year serting the ‘‘The Secretary’’; and portation services to and from all the eligible

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.027 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5219 places in that region at an airport or other SEC. 417. DESIGN ORGANIZATION CERTIFICATES. (1) by striking ‘‘or’’ at the end of subpara- transportation center that can serve all the eli- (a) GENERAL AUTHORITY TO ISSUE CERTIFI- graph (A); gible places in that region. CATES.—Effective on the last day of the 7-year (2) by redesignating subparagraph (B) as sub- ‘‘(5) To purchase aircraft, or a fractional period beginning on the date of enactment of paragraph (C); share in aircraft, to provide transportation to this Act, section 44702(a) is amended by insert- (3) by inserting after subparagraph (A) the and from the eligible place. ing ‘‘design organization certificates,’’ after following: ‘‘(6) To pay for other transportation or related ‘‘airman certificates,’’. ‘‘(B) whose certificate is revoked under sub- services that the Secretary may permit. (b) DESIGN ORGANIZATION CERTIFICATES.— section (b); or’’; and ‘‘(d) FRACTIONALLY OWNED AIRCRAFT.—Not- (1) PLAN.—Not later than 3 years after the (4) in subparagraph (C) (as redesignated by withstanding any other provision of law, only date of enactment of this Act, the Administrator paragraph (2) of this section) by striking ‘‘con- those operating rules that relate to an aircraft of the Federal Aviation Administration shall victed of such a violation.’’ and inserting ‘‘de- that is fractionally owned apply when an air- transmit to the Committee on Transportation scribed in subparagraph (A) or (B).’’. craft described in subsection (c)(5) is used to and Infrastructure of the House of Representa- SEC. 419. RUNWAY SAFETY STANDARDS. provide transportation described in subsection tives and the Committee on Commerce, Science, (a) IN GENERAL.—Chapter 447 is amended by (c)(5). and Transportation of the Senate a plan for the adding at the end the following: development and oversight of a system for cer- ‘‘(e) APPLICATIONS.— ‘‘§ 44727. Runway safety areas ‘‘(1) IN GENERAL.—A unit of local government tification of design organizations to certify com- or State seeking to participate in the program pliance with the requirements and minimum ‘‘An airport owner or operator shall not be re- for an eligible place shall submit to the Sec- standards prescribed under section 44701(a) of quired to reduce the length of a runway or de- retary an application in such form and con- title 49, United States Code, for the type certifi- clare the length of a runway to be less than the taining such information as the Secretary may cation of aircraft, aircraft engines, propellers, or actual pavement length in order to meet stand- require. appliances. ards of the Federal Aviation Administration ap- ‘‘(2) REQUIRED INFORMATION.—At a minimum, (2) ISSUANCE OF CERTIFICATES.—Section 44704 plicable to runway safety areas.’’. the application shall include— is further amended by adding at the end the fol- (b) CONFORMING AMENDMENT.—The analysis ‘‘(A) a statement of the amount of compensa- lowing: for chapter 447 is amended by adding at the end tion required; and ‘‘(f) DESIGN ORGANIZATION CERTIFICATES.— the following: ‘‘(B) a description of how the compensation ‘‘(1) ISSUANCE.—Beginning 7 years after the ‘‘44727. Runway safety areas.’’. will be used. date of enactment of this subsection, the Admin- SEC. 420. AVAILABILITY OF MAINTENANCE INFOR- ‘‘(f) PARTICIPATION REQUIREMENTS.— istrator may issue a design organization certifi- MATION. ‘‘(1) ELIGIBLE PLACES.—An eligible place for cate to a design organization to authorize the (a) IN GENERAL.—Chapter 447 is further which compensation is received under the pro- organization to certify compliance with the re- amended by adding at the end the following: gram in a fiscal year shall not be eligible to requirements and minimum standards prescribed ‘‘§ 44728. Availability of maintenance informa- ceive in that fiscal year the essential air service under section 44701(a) for the type certification tion that it would otherwise be entitled to under this of aircraft, aircraft engines, propellers, or appli- ‘‘(a) IN GENERAL.—The Administrator of the subchapter. ances. Federal Aviation Administration shall continue ‘‘(2) GOVERNMENTAL ENTITIES.—A unit of local ‘‘(2) APPLICATIONS.—On receiving an applica- in effect the requirement of section 21.50(b) of government or State receiving compensation for tion for a design organization certificate, the title 14, Code of Federal Regulations, that the an eligible place under the program in a fiscal Administrator shall examine and rate the design holder of a design approval— year shall not be required to pay the local share organization submitting the application, in ac- ‘‘(1) shall prepare and furnish at least one set described in 41737(a)(3) in such fiscal year. cordance with regulations to be prescribed by of complete instructions for continued air- ‘‘(g) SUBSEQUENT PARTICIPATION.—A unit of the Administrator, to determine whether the de- worthiness as prescribed in such section to the local government participating in the program sign organization has adequate engineering, de- owner of each type of aircraft, aircraft engine, under this section in a fiscal year shall not be sign, and testing capabilities, standards, and or propeller upon its delivery or upon the prohibited from participating in the basic essen- safeguards to ensure that the product being cer- issuance of the first standard airworthiness cer- tial air service program under this chapter in a tificated is properly designed and manufac- tificate for the affected aircraft, whichever oc- subsequent fiscal year if such unit is otherwise tured, performs properly, and meets the regula- curs later; and eligible to participate in such program. tions and minimum standards prescribed under ‘‘(2) thereafter shall make the instructions, ‘‘(h) FUNDING.—Amounts appropriated or oth- section 44701(a). and any changes thereto, available to any other erwise made available to carry out the essential ‘‘(3) ISSUANCE OF TYPE CERTIFICATES BASED ON person required by parts 1 through 199 of title air service program under this subchapter shall DESIGN ORGANIZATION CERTIFICATION.—On re- 14, Code of Federal Regulations, to comply with be available to carry out this section.’’. ceiving an application for a type certificate any of the terms of the instructions. (2) CONFORMING AMENDMENT.—The analysis under subsection (a) that is accompanied by a ‘‘(b) DEFINITIONS.—In this section, the fol- for chapter 417 is amended by inserting after the certification of compliance by a design organiza- lowing definitions apply: item relating to section 41744 the following: tion certificated under this subsection, instead of conducting an independent investigation ‘‘(1) MAKE AVAILABLE.—The term ‘make avail- ‘‘41745. Community and regional choice pro- able’ means providing at a cost not to exceed the gram.’’. under subsection (a), the Administrator may issue the type certificate based on the certifi- cost of preparation and distribution. SEC. 416. TYPE CERTIFICATES. cation of compliance. ‘‘(2) DESIGN APPROVAL.—The term ‘design ap- GREEMENTS O ERMIT SE OF ERTIFI (a) A T P U C - ‘‘(4) PUBLIC SAFETY.—The Administrator shall proval’ means a type certificate, supplemental CATES BY OTHER PERSONS.—Section 44704(a) is include in a design organization certificate type certificate, amended type certificate, parts amended by adding at the end the following: issued under this subsection terms required in manufacturer approval, technical standard ‘‘(3) If the holder of a type certificate agrees the interest of safety.’’. order authorization, and any other action as de- to permit another person to use the certificate to (c) REINSPECTION AND REEXAMINATION.—Sec- termined by the Administrator pursuant to sub- manufacture a new aircraft, aircraft engine, tion 44709(a) is amended by inserting ‘‘design section (c)(2). propeller, or appliance, the holder shall provide organization, production certificate holder,’’ ‘‘(3) INSTRUCTIONS FOR CONTINUED AIRWORTHI- the other person with written evidence, in a after ‘‘appliance,’’. NESS.—The term ‘instructions for continued air- form acceptable to the Administrator, of that (d) PROHIBITIONS.—Section 44711(a)(7) is worthiness’ means any information (and any agreement. A person may manufacture a new amended by striking ‘‘agency’’ and inserting changes to such information) considered essen- aircraft, aircraft engine, propeller, or appliance ‘‘agency, design organization certificate, ’’. tial to continued airworthiness that sets forth based on a type certificate only if the person is (e) CONFORMING AMENDMENTS.— the methods, techniques, and practices for per- the holder of the type certificate or has permis- (1) SECTION HEADING.—Section 44704 is amend- forming maintenance and alteration on civil air- sion from the holder.’’. ed by striking the section designation and head- craft, aircraft engines, propellers, appliances or (b) CERTIFICATION OF PRODUCTS MANUFAC- ing and inserting the following: any part installed thereon. Such information TURED IN FOREIGN NATIONS.—Section 44704 is may include maintenance, repair, and overhaul ‘‘§ 44704. Type certificates, production certifi- further amended by adding at the end the fol- manuals, standard practice manuals, service cates, airworthiness certificates, and design lowing: bulletins, service letters, or similar documents organization certificates’’. ‘‘(e) CERTIFICATION OF PRODUCTS MANUFAC- issued by a design approval holder. TURED IN FOREIGN NATIONS.—In order to ensure (2) CHAPTER ANALYSIS.—The analysis for ‘‘(c) RULEMAKING.—The Administrator shall safety, the Administrator shall spend at least chapter 447 is amended by striking the item re- conduct a rulemaking proceeding for the fol- the same amount of time and perform a no-less- lating to section 44704 and inserting the following purposes: thorough review in certifying, or validating the lowing: ‘‘(1) To determine the meaning of the phrase certification of, an aircraft, aircraft engine, pro- ‘‘44704. Type certificates, production certifi- ‘essential to continued airworthiness’ of the ap- peller, or appliance manufactured in a foreign cates, airworthiness certificates, plicable aircraft, aircraft engine, and propeller nation as the regulatory authorities of that na- and design organization certifi- as that term is used in parts 23 through 35 of tion employ when the authorities certify, or cates.’’. title 14, Code of Federal Regulations. validate the certification of, an aircraft, aircraft SEC. 418. COUNTERFEIT OR FRAUDULENTLY REP- ‘‘(2) To determine if a design approval should engine, propeller, or appliance manufactured in RESENTED PARTS VIOLATIONS. include, in addition to those approvals specified the United States.’’. Section 44726(a)(1) is amended— in subsection (b)(2), any other activity in which

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Findings of fact of the the required recurrent or requalification train- nition of design approval holder in subsections panel are conclusive if supported by substantial ing and subsequent certification under this sec- (b)(2) and (c)(2). evidence. tion. ‘‘(4) To determine if design approval holders ‘‘(f) EXPLANATION OF DECISIONS.—An indi- ‘‘(3) TREATMENT OF FLIGHT ATTENDANT AFTER that prepared instructions for continued air- vidual who commences an appeal under this sec- NOTIFICATION.—On the date that the Adminis- worthiness or maintenance manuals before Jan- tion shall receive a written explanation of the trator is notified by an air carrier that an indi- uary 29, 1981, should be required to make the basis for the determination or decision and all vidual has the demonstrated proficiency to be a manuals available (including any changes relevant documents that support that deter- flight attendant, the individual shall be treated thereto) to any person required by parts 1 mination to the maximum extent that the na- for purposes of this section as holding a certifi- through 199 of title 14, Code of Federal Regula- tional security interests of the United States and cate issued under the section. tions, to comply with any of the terms of those other applicable laws permit. ‘‘(b) ISSUANCE OF CERTIFICATE.—The Adminis- manuals. ‘‘(g) CLASSIFIED EVIDENCE.— trator shall issue a certificate of demonstrated ‘‘(5) To require design approval holders that— ‘‘(1) IN GENERAL.—The Under Secretary, in proficiency under this section to an individual ‘‘(A) are operating an ongoing business con- consultation with the Administrator, shall issue after the Administrator is notified by the air cern; regulations to establish procedures by which the carrier that the individual has successfully com- ‘‘(B) were required to produce maintenance Under Secretary, as part of a hearing con- pleted all the training requirements for flight at- manuals or instructions for continued air- ducting under this section, may substitute an tendants approved by the Administrator. worthiness under section 21.50(b) of title 14, unclassified summary of classified evidence ‘‘(c) DESIGNATION OF PERSON TO DETERMINE Code of Federal Regulations; and upon the approval of the administrative law SUCCESSFUL COMPLETION OF TRAINING.—In ac- ‘‘(C) have not done so, judge. cordance with part 183 of chapter 14, Code of Federal Regulation, the director of operations of to prepare those documents and make them ‘‘(2) APPROVAL AND DISAPPROVAL OF SUM- an air carrier is designated to determine that an available as required by this section not later MARIES.—Under the procedures, an administra- individual has successfully completed the train- than 1 year after date on which the regulations tive law judge shall— ing requirements approved by the Administrator are published. ‘‘(A) approve a summary if the judge finds for such individual to serve as a flight attend- ‘‘(6) To revise its rules to reflect the changes that it is sufficient to enable the certificate ant. made by this section. holder to appeal an order issued under sub- ‘‘(d) SPECIFICATIONS RELATING TO CERTIFI- ‘‘(d) LIMITATION ON STATUTORY CONSTRUC- section (a); or CATES.—Each certificate issued under this sec- TION.—Nothing is this section shall be construed ‘‘(B) disapprove a summary if the judge finds tion shall— as requiring the holder of a design approval to that it is not sufficient to enable the certificate ‘‘(1) be numbered and recorded by the Admin- make available proprietary information unless it holder to appeal such an order. istrator; is deemed essential to continued airworthi- ‘‘(3) MODIFICATIONS.—If an administrative ‘‘(2) contain the name, address, and descrip- ness.’’. law judge disapproves a summary under para- tion of the individual to whom the certificate is (b) CONFORMING AMENDMENT.—The analysis graph (2)(B), the judge shall direct the Under issued; for chapter 447 is further amended by adding at Secretary to modify the summary and resubmit ‘‘(3) contain the name of the air carrier that the end the following: the summary for approval. employs or will employ the certificate holder on ‘‘44728. Availability of maintenance informa- ‘‘(4) INSUFFICIENT MODIFICATIONS.—If an ad- the date that the certificate is issued; tion.’’. ministrative law judge is unable to approve a ‘‘(4) is similar in size and appearance to cer- SEC. 421. CERTIFICATE ACTIONS IN RESPONSE TO modified summary, the order issued under sub- tificates issued to airmen; A SECURITY THREAT. section (a) that is the subject of the hearing ‘‘(5) contain the airplane group for which the (a) IN GENERAL.—Chapter 461 is amended by shall be set aside unless the judge finds that certificate is issued; and adding at the end the following: such a result— ‘‘(6) be issued not later than 30 days after the ‘‘(A) would likely cause serious and irrep- Administrator receives notification from the air ‘‘§ 46111. Certificate actions in response to a arable harm to the national security; or carrier of demonstrated proficiency and, in the security threat ‘‘(B) would likely cause death or serious bod- case of an individual serving as flight attendant ‘‘(a) ORDERS.—The Administrator of Federal ily injury to any person. on the effective date of this section, not later Aviation Administration shall issue an order ‘‘(5) SPECIAL PROCEDURES.—If an administra- than 1 year after such effective date. amending, modifying, suspending, or revoking tive law judge makes a finding under subpara- ‘‘(e) APPROVAL OF TRAINING PROGRAMS.—Air any part of a certificate issued under this title graph (A) or (B) of paragraph (4), the hearing carrier flight attendant training programs shall if the Administrator is notified by the Under shall proceed without an unclassified summary be subject to approval by the Administrator. All Secretary for Border and Transportation Secu- provided to the certificate holder. In such a flight attendant training programs approved by rity of the Department of Homeland Security case, subject to procedures established by regu- the Administrator in the 1-year period ending that the holder of the certificate poses, or is sus- lation by the Under Secretary in consultation on the date of enactment of this section shall be pected of posing, a risk of air piracy or terrorism with the Administrator, the administrative law treated as providing a demonstrated proficiency or a threat to airline or passenger safety. If re- judge shall appoint a special attorney to assist for purposes of meeting the certification require- quested by the Under Secretary, the order shall the accused by— ments of this section. be effective immediately. ‘‘(A) reviewing in camera the classified evi- ‘‘(f) FLIGHT ATTENDANT DEFINED.—In this ‘‘(b) HEARINGS FOR CITIZENS.—An individual dence; and section, the term ‘flight attendant’ means an in- who is a citizen of the United States who is ad- ‘‘(B) challenging, through an in camera pro- dividual working as a flight attendant in the versely affected by an order of the Adminis- ceeding, the veracity of the evidence contained cabin of an aircraft that has 20 or more seats trator under subsection (a) is entitled to a hear- in the classified information.’’. and is being used by an air carrier to provide air ing on the record. (b) CONFORMING AMENDMENT.—The analysis transportation.’’. ‘‘(c) HEARINGS.—When conducting a hearing for chapter 461 is amended by adding at the end (b) CONFORMING AMENDMENT.—The analysis under this section, the administrative law judge the following: for chapter 447 is further amended by adding at the end the following: shall not be bound by findings of fact or inter- ‘‘46111. Certificate actions in response to a secu- ‘‘44729. Flight attendant certification.’’. pretations of laws and regulations of the Ad- rity threat.’’. ministrator or the Under Secretary. (c) EFFECTIVE DATE.—The amendments made SEC. 422. FLIGHT ATTENDANT CERTIFICATION. ‘‘(d) APPEALS.—An appeal from a decision of by subsections (a) and (b) shall take effect on (a) IN GENERAL.—Chapter 447 is further an administrative law judge as the result of a the 365th day following the date of enactment of amended by adding at the end the following: hearing under subsection (b) shall be made to this Act. the Transportation Security Oversight Board es- ‘‘§ 44729. Flight attendant certification SEC. 423. CIVIL PENALTY FOR CLOSURE OF AN tablished by section 115. The Board shall estab- ‘‘(a) CERTIFICATE REQUIRED.— AIRPORT WITHOUT PROVIDING SUF- lish a panel to review the decision. The members ‘‘(1) IN GENERAL.—No person may serve as a FICIENT NOTICE. of this panel (1) shall not be employees of the flight attendant aboard an aircraft of an air (a) IN GENERAL.—Chapter 463 is amended by Transportation Security Administration, (2) carrier unless that person holds a certificate of adding at the end the following: shall have the level of security clearance needed demonstrated proficiency from the Adminis- ‘‘§ 46319. Closure of an airport without pro- to review the determination made under this trator of the Federal Aviation Administration. viding sufficient notice section, and (3) shall be given access to all rel- Upon the request of the Administrator or an au- ‘‘(a) PROHIBITION.—A public agency (as de- evant documents that support that determina- thorized representative of the National Trans- fined in section 47102) may not close an airport tion. The panel may affirm, modify, or reverse portation Safety Board or another Federal listed in the national plan of integrated airport the decision. agency, a person who holds such a certificate systems under section 47103 without providing ‘‘(e) REVIEW.—A person substantially affected shall present the certificate for inspection with- written notice to the Administrator of the Fed- by an action of a panel under subsection (d), or in a reasonable period of time after the date of eral Aviation Administration at least 30 days be- the Under Secretary when the Under Secretary the request. fore the date of the closure. decides that the action of the panel under this ‘‘(2) SPECIAL RULE FOR CURRENT FLIGHT AT- ‘‘(b) PUBLICATION OF NOTICE.—The Adminis- section will have a significant adverse impact on TENDANTS.—An individual serving as a flight at- trator shall publish each notice received under carrying out this part, may obtain review of the tendant on the effective date of this section may subsection (a) in the Federal Register.

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‘‘(c) CIVIL PENALTY.—A public agency vio- (1) The Federal Aviation Administration. at by the task force for ensuring the transfer of lating subsection (a) shall be liable for a civil (2) The National Aeronautics and Space Ad- applications described in subsection (a). penalty of $10,000 for each day that the airport ministration. SEC. 431. REIMBURSEMENT FOR LOSSES IN- remains closed without having given the notice (3) The Department of Defense. CURRED BY GENERAL AVIATION EN- required by this section.’’. (4) The Department of Homeland Security. TITIES. (b) CONFORMING AMENDMENT.—The analysis (5) The National Oceanic and Atmospheric (a) IN GENERAL.—The Secretary of Transpor- for chapter 463 is amended by adding at the end Administration. tation may make grants to reimburse the fol- the following: (6) Other government organizations des- lowing general aviation entities for the security ‘‘46319. Closure of an airport without providing ignated by the President. costs incurred and revenue foregone as a result sufficient notice.’’. (c) FUNCTION.—The function of the task force of the restrictions imposed by the Federal Gov- SEC. 424. NOISE EXPOSURE MAPS. shall be to develop an integrated plan to trans- ernment following the terrorist attacks on the Section 47503 is amended— form the Nation’s air traffic control system and United States that occurred on September 11, (1) in subsection (a) by striking ‘‘1985,’’ and air transportation system to meet its future 2001, or the military action to free the people of inserting ‘‘a forecast period that is at least 5 needs. Iraq that commenced in March 2003: years in the future’’; and (d) PLAN.—Not later than 1 year after the (1) General aviation entities that operate at (2) by striking subsection (b) and inserting the date of establishment of the task force, the task Ronald Reagan Washington National Airport. following: force shall transmit to the President and Con- (2) Airports that are located within 15 miles of ‘‘(b) REVISED MAPS.—If, in an area sur- gress a plan outlining the overall strategy, Ronald Reagan Washington National Airport rounding an airport, a change in the operation schedule, and resources needed to develop and and were operating under security restrictions of the airport would establish a substantial new deploy the Nation’s next generation air traffic on the date of enactment of this Act and general noncompatible use, or would significantly re- control system and air transportation system. aviation entities operating at those airports. duce noise over existing noncompatible uses, SEC. 428. AIR QUALITY IN AIRCRAFT CABINS. (3) General aviation entities that were af- that is not reflected in either the existing condi- (a) IN GENERAL.—The Administrator of the fected by Federal Aviation Administration No- tions map or forecast map currently on file with Federal Aviation Administration shall under- tices to Airmen FDC 2/0199 and 3/1862 and sec- the Federal Aviation Administration, the airport take the studies and analysis called for in the tion 352 of the Department of Transportation operator shall submit a revised noise exposure report of the National Research Council entitled and Related Agencies Appropriations Act, 2003 map to the Secretary showing the new non- ‘‘The Airliner Cabin Environment and the (P.L. 108–7, Division I). compatible use or noise reduction.’’. Health of Passengers and Crew’’. (4) General aviation entities affected by implementation of section 44939 of title 49, United SEC. 425. AMENDMENT OF GENERAL FEE SCHED- (b) REQUIRED ACTIVITIES.—In carrying out ULE PROVISION. this section, the Administrator, at a minimum, States Code. The amendment made by section 119(d) of the shall— (5) Any other general aviation entity that is Aviation and Transportation Security Act (115 (1) conduct surveillance to monitor ozone in prevented from doing business or operating by Stat. 629) shall not be affected by the savings the cabin on a representative number of flights an action of the Federal Government prohibiting provisions contained in section 141 of that Act and aircraft to determine compliance with exist- access to airspace by that entity. (115 Stat. 643). ing Federal Aviation Regulations for ozone; (b) DOCUMENTATION.—Reimbursement under this section shall be made in accordance with SEC. 426. IMPROVEMENT OF CURRICULUM (2) collect pesticide exposure data to determine STANDARDS FOR AVIATION MAINTE- exposures of passengers and crew; and sworn financial statements or other appropriate NANCE TECHNICIANS. (3) analyze samples of residue from aircraft data submitted by each general aviation entity (a) IN GENERAL.—The Administrator of the ventilation ducts and filters after air quality in- demonstrating the costs incurred and revenue Federal Aviation Administration shall ensure cidents to identify the allergens, diseases, and foregone to the satisfaction of the Secretary. that the training standards for airframe and other contaminants to which passengers and (c) GENERAL AVIATION ENTITY DEFINED.—In powerplant mechanics under part 65 of title 14, crew were exposed. this section, the term ‘‘general aviation entity’’ Code of Federal Regulations, are updated and (c) REPORT.—Not later than 30 months after means any person (other than a scheduled air revised in accordance with this section. The Ad- the date of enactment of this Act, the Adminis- carrier or foreign air carrier, as such terms are ministrator may update and revise the training trator shall transmit to Congress a report on the defined in section 40102 of title 49, United States standards through the initiation of a formal findings of the Administrator under this section. Code) that— (1) operates nonmilitary aircraft under part 91 rulemaking or by issuing an advisory circular or SEC. 429. RECOMMENDATIONS CONCERNING other agency guidance. TRAVEL AGENTS. of title 14, Code of Federal Regulations, for the (b) ELEMENTS FOR CONSIDERATION.—The up- (a) REPORT.—Not later than 6 months after purpose of conducting its primary business; dated and revised standards required under sub- the date of enactment of this Act, the Secretary (2) manufactures nonmilitary aircraft with a section (a) shall include those curriculum ad- of Transportation shall transmit to Congress a maximum seating capacity of fewer than 20 pas- justments that are necessary to more accurately report on any actions that should be taken with sengers or aircraft parts to be used in such air- reflect current technology and maintenance respect to recommendations made by the Na- craft; practices. tional Commission to Ensure Consumer Informa- (3) provides services necessary for nonmilitary (c) MINIMUM TRAINING HOURS.—In making tion and Choice in the Airline Industry on— operations under such part 91; or adjustments to the maintenance curriculum re- (1) the travel agent arbiter program; and (4) operates an airport, other than a primary quirements pursuant to this section, the current (2) the special box on tickets for agents to in- airport (as such terms are defined in such sec- requirement of 1900 minimum training hours clude their service fee charges. tion 40102), that— shall be maintained. (b) CONSULTATION.—In preparing this report, (A) is listed in the national plan of integrated (d) CERTIFICATION.—Any adjustment or modi- the Secretary shall consult with representatives airport systems developed by the Federal Avia- fication of current curriculum standards made from the airline and travel agent industry. tion Administration under section 47103 of such pursuant to this section shall be reflected in the title; or SEC. 430. TASK FORCE ON ENHANCED TRANSFER (B) is normally open to the public, is located certification examinations of airframe and pow- OF APPLICATIONS OF TECHNOLOGY erplant mechanics. FOR MILITARY AIRCRAFT TO CIVIL- within the confines of enhanced class B air- (e) COMPLETION.—The revised and updated IAN AIRCRAFT. space (as defined by the Federal Aviation Ad- training standards required by subsection (a) (a) IN GENERAL.—The President shall estab- ministration in Notice to Airmen FDC 1/0618), shall be completed not later than 12 months lish a task force to look for better methods for and was closed as a result of an order issued by after the date of enactment of this Act. ensuring that technology developed for military the Federal Aviation Administration in the pe- (f) PERIODIC REVIEWS AND UPDATES.—The Ad- aircraft is more quickly and easily transferred to riod beginning September 11, 2001, and ending ministrator shall review the content of the cur- applications for improving and modernizing the January 1, 2002, and remained closed as a result riculum standards for training airframe and fleet of civilian aircraft. of that order on January 1, 2002. powerplant mechanics referred to in subsection (b) MEMBERSHIP.—The task force shall be Such term includes fixed based operators, flight (a) every 3 years after completion of the revised composed of the Secretary of Transportation schools, manufacturers of general aviation air- and updated training standards required under who shall be the chair of the task force and rep- craft and products, persons engaged in non- subsection (a) as necessary to reflect current resentatives, appointed by the President, from scheduled aviation enterprises, and general technology and maintenance practices. the following: aviation independent contractors. SEC. 427. TASK FORCE ON FUTURE OF AIR TRANS- (1) The Department of Transportation. (d) AUTHORIZATION OF APPROPRIATIONS.— PORTATION SYSTEM. (2) The Federal Aviation Administration. There is authorized to be appropriated to carry (a) IN GENERAL.—The President shall estab- (3) The Department of Defense. out this section $100,000,000. Such sums shall re- lish a task force to work with the Next Genera- (4) The National Aeronautics and Space Ad- main available until expended. tion Air Transportation System Joint Program ministration. SEC. 432. IMPASSE PROCEDURES FOR NATIONAL Office authorized under section 106(k)(3). (5) The aircraft manufacturing industry. ASSOCIATION OF AIR TRAFFIC SPE- (b) MEMBERSHIP.—The task force shall be (6) Such other organizations as the President CIALISTS. composed of representatives, appointed by the may designate. (a) FAILURE OF CURRENT NEGOTIATIONS.—If, President, from air carriers, general aviation, (c) REPORT.—Not later than 1 year after the within 30 days after the date of enactment of pilots, and air traffic controllers and the fol- date of enactment of this Act, the task force this Act, the Federal Aviation Administration lowing government organizations: shall report to Congress on the methods looked and the exclusive bargaining representative of

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the National Association of Air Traffic Special- (2) CONTENTS.—The study shall include the (1) by striking ‘‘and’’ at the end of paragraph ists have failed to achieve agreement through a following: (27); mediation process of the Federal Mediation and (A) A suggested method of modifying FAA in- (2) by striking the period at the end of para- Conciliation Service, the current labor negotia- spectors staffing models for application to cur- graph (28) and inserting ‘‘; and’’; and tion shall be treated for purposes of this section rent local conditions or applying some other ap- (3) by adding at the end the following: to have failed. proach to developing an objective staffing ‘‘(29) ‘air traffic controller’ or ‘controller’ (b) SUBMISSION TO IMPASSE PANEL.—Not later standard. means— than 30 days after the negotiation has failed (B) The approximate cost and length of time ‘‘(A) a controller within the meaning of sec- under subsection (a), the parties to the negotia- for developing such models. tion 2109(1); and tion shall submit unresolved issues to the Fed- (3) REPORT.—Not later than 12 months after ‘‘(B) a civilian employee of the Department of eral Service Impasses Panel described in section the initiation of the arrangements under sub- Transportation or the Department of Defense 7119(c) of title 5, United States Code, for final section (a), the National Academy of Sciences holding a supervisory, managerial, executive, and binding resolution. shall transmit to Congress a report on the re- technical, semiprofessional, or professional position for which experience as a controller (within (c) ASSISTANCE.—The Panel shall render as- sults of the study. sistance to the parties in resolving their dispute SEC. 434. PROHIBITION ON AIR TRAFFIC CON- the meaning of section 2109(1)) is a pre- in accordance with section 7119 of title 5, United TROL PRIVATIZATION. requisite.’’. (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- States Code, and parts 2470 and 2471 of title 5, (a) IN GENERAL.—The Secretary of Transpor- TEM.—Section 8401 of title 5, United States Code, Code of Federal Regulations. tation may not authorize the transfer of the air traffic separation and control functions oper- is amended— (d) DETERMINATION.—The Panel shall make a (1) by striking ‘‘and’’ at the end of paragraph just and reasonable determination of the matters ated by the Federal Aviation Administration on the date of enactment of this Act to a private (33); in dispute. In arriving at such determination, (2) by striking the period at the end of para- entity or to a public entity other than the the Panel shall specify the basis for its findings, graph (34) and inserting ‘‘; and’’; and United States Government. taking into consideration such relevant factors (3) by adding at the end the following: (b) CONTRACT TOWER PROGRAM.—Subsection as are normally and customarily considered in ‘‘(35) ‘air traffic controller’ or ‘controller’ (a) shall not apply to the contract tower pro- the determination of wages or impasse Panel means— proceedings. The Panel shall also take into con- gram authorized by section 47124 of title 49, ‘‘(A) a controller within the meaning of sec- sideration the financial ability of the Adminis- United States Code. tion 2109(1); and tration to pay. SEC. 435. AIRFARES FOR MEMBERS OF THE ‘‘(B) a civilian employee of the Department of (e) EFFECT OF PANEL DETERMINATION.—The ARMED FORCES. Transportation or the Department of Defense determination of the Panel shall be final and (a) FINDINGS.—Congress finds that— holding a supervisory, managerial, executive, binding upon the parties for the period pre- (1) the Armed Forces is comprised of approxi- technical, semiprofessional, or professional posi- scribed by the Panel or a period otherwise mately 1,400,000 members who are stationed on tion for which experience as a controller (within agreed to by the parties. active duty at more than 6,000 military bases in the meaning of section 2109(1)) is a pre- (f) REVIEW.—The determination of the Panel 146 different countries; requisite.’’. shall be subject to review in the manner pre- (2) the United States is indebted to the mem- (c) MANDATORY SEPARATION TREATMENT NOT scribed in chapter 71 of title 5, United States bers of the Armed Forces, many of whom are in AFFECTED.— Code. grave danger due to their engagement in, or ex- (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec- posure to, combat; SEC. 433. FAA INSPECTOR TRAINING. tion 8335(a) of title 5, United States Code, is (3) military service, especially in the current amended by adding at the end the following: (a) STUDY.— war against terrorism, often requires members of (1) IN GENERAL.—The Comptroller General ‘‘For purposes of this subsection, the term ‘air the Armed Forces to be separated from their traffic controller’ or ‘controller’ has the mean- shall conduct a study of the training of the families on short notice, for long periods of time, aviation safety inspectors of the Federal Avia- ing given to it under section 8331(29)(A).’’. and under very stressful conditions; (2) FEDERAL EMPLOYEES’ RETIREMENT SYS- tion Administration (in this section referred to (4) the unique demands of military service as ‘‘FAA inspectors’’). TEM.—Section 8425(a) of title 5, United States often preclude members of the Armed Forces Code, is amended by adding at the end the fol- (2) CONTENTS.—The study shall include— from purchasing discounted advance airline lowing: ‘‘For purposes of this subsection, the (A) an analysis of the type of training pro- tickets in order to visit their loved ones at home; vided to FAA inspectors; term ‘air traffic controller’ or ‘controller’ has and the meaning given to it under section (B) actions that the Federal Aviation Admin- (5) it is the patriotic duty of the people of the istration has undertaken to ensure that FAA in- 8401(35)(A).’’. United States to support the members of the (d) EFFECTIVE DATE.—This section and the spectors receive up-to-date training on the latest Armed Forces who are defending the Nation’s amendments made by this section— technologies; interests around the world at great personal (1) shall take effect on the 60th day after the (C) the extent of FAA inspector training pro- sacrifice. date of enactment of this Act; and vided by the aviation industry and whether (b) SENSE OF CONGRESS.—It is the sense of (2) shall apply with respect to— such training is provided without charge or on Congress that each United States air carrier (A) any annuity entitlement to which is based a quid-pro-quo basis; and should— on an individual’s separation from service oc- (D) the amount of travel that is required of (1) establish for all members of the Armed curring on or after that 60th day; and FAA inspectors in receiving training. Forces on active duty reduced air fares that are (B) any service performed by any such indi- (3) REPORT.—Not later than 1 year after the comparable to the lowest airfare for ticketed vidual before, on, or after that 60th day, subject date of enactment of this Act, the Comptroller flights; and to subsection (e). General shall transmit to the Committee on (2) offer flexible terms that allow members of (e) DEPOSIT REQUIRED FOR CERTAIN PRIOR Transportation and Infrastructure of the House the Armed Forces on active duty to purchase, SERVICE TO BE CREDITABLE AS CONTROLLER of Representatives and the Committee on Com- modify, or cancel tickets without time restric- SERVICE.— merce, Science, and Transportation of the Sen- tions, fees, and penalties. (1) DEPOSIT REQUIREMENT.—For purposes of ate a report on the results of the study. SEC. 436. AIR CARRIERS REQUIRED TO HONOR determining eligibility for immediate retirement (b) SENSE OF THE HOUSE.—It is the sense of TICKETS FOR SUSPENDED AIR SERV- under section 8412(e) of title 5, United States the House of Representatives that— ICE. Code, the amendment made by subsection (b) (1) FAA inspectors should be encouraged to Section 145(c) of the Aviation and Transpor- shall, with respect to any service described in take the most up-to-date initial and recurrent tation Security Act (49 U.S.C. 40101 note; 115 paragraph (2), be disregarded unless there is de- training on the latest aviation technologies; stat. 645) is amended by striking ‘‘more than’’ posited into the Civil Service Retirement and (2) FAA inspector training should have a di- and all that follows through ‘‘after’’ and insert- Disability Fund, with respect to such service, in rect relation to an individual’s job requirements; ing ‘‘more than 36 months after’’. such time, form, and manner as the Office of and SEC. 437. INTERNATIONAL AIR SHOW. Personnel Management by regulation requires, (3) if possible, a FAA inspector should be al- (a) STUDY.—The Secretary of Transportation an amount equal to the amount by which— lowed to take training at the location most con- shall study the feasibility of the United States (A) the deductions from pay which would venient for the inspector. hosting a world-class international air show. have been required for such service if the (c) WORKLOAD OF INSPECTORS.— (b) REPORT.—Not later than 9 months after amendments made by this section had been in (1) STUDY BY NATIONAL ACADEMY OF the date of enactment of this Act, the Secretary effect when such service was performed, exceeds SCIENCES.—Not later than 90 days after the date shall transmit to Congress a report on the re- (B) the unrefunded deductions or deposits ac- of enactment of this Act, the Administrator of sults of the study conducted under subsection tually made under subchapter II of chapter 84 the Federal Aviation Administration shall make (a) together with recommendations concerning of such title 5 with respect to such service. appropriate arrangements for the National potential locations at which the air show could The amount under the preceding sentence shall Academy of Sciences to conduct a study of the be held. include interest, computed under paragraphs (2) assumptions and methods used by the Federal SEC. 438. DEFINITION OF AIR TRAFFIC CON- and (3) of section 8334(e) of such title 5. Aviation Administration to estimate staffing TROLLER. (2) PRIOR SERVICE DESCRIBED.—This sub- standards for FAA inspectors to ensure proper (a) CIVIL SERVICE RETIREMENT SYSTEM.—Sec- section applies with respect to any service per- oversight over the aviation industry, including tion 8331 of title 5, United States Code, is formed by an individual, before the 60th day fol- the designee program. amended— lowing the date of enactment of this Act, as an

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.027 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5223 employee described in section 8401(35)(B) of such aircraft in service in air commerce, as the Sec- SEC. 506. DISPOSITION OF LAND ACQUIRED FOR title 5 (as set forth in subsection (b)). retary determines under regulations the Sec- NOISE COMPATIBILITY PURPOSES. SEC. 439. JUSTIFICATION FOR AIR DEFENSE retary prescribes; and Section 47107(c) is amended by adding at the IDENTIFICATION ZONE. ‘‘(B) includes passengers who continue on an end the following: (a) IN GENERAL.—If the Administrator of the aircraft in international flight that stops at an ‘‘(4) Notwithstanding paragraph (2)(A)(iii), Federal Aviation Administration establishes an airport in the 48 contiguous States, Alaska, or an airport owner or operator may retain all or Air Defense Identification Zone (in this section Hawaii for a nontraffic purpose.’’; any portion of the proceeds from a land disposi- referred as an ‘‘ADIZ’’), the Administrator shall (4) by redesignating paragraphs (10) through tion described in that paragraph if the Secretary transmit, not later than 60 days after the date (18) as paragraphs (14) through (22), respec- finds that the use of the land will be compatible of establishing the ADIZ, to the Committee on tively; with airport purposes and the proceeds retained Transportation and Infrastructure of the House (5) by inserting after paragraph (9) the fol- will be used for airport development or to carry of Representatives and the Committee on Com- lowing: out a noise compatibility program under section merce, Science, and Transportation of the Sen- ‘‘(10) ‘large hub airport’ means a commercial 47504(c).’’. ate a report containing an explanation of the service airport that has at least 1.0 percent of SEC. 507. GRANT ASSURANCES. need for the ADIZ. The Administrator also shall the passenger boardings. (a) HANGAR CONSTRUCTION.—Section 47107(a) transmit to the Committees updates of the report ‘‘(12) ‘medium hub airport’ means a commer- is amended— every 60 days until the ADIZ is rescinded. The cial service airport that has at least 0.25 percent (1) by striking ‘‘and’’ at the end of paragraph reports and updates shall be transmitted in clas- but less than 1.0 percent of the passenger (19); sified form. boardings. (2) by striking the period at the end of para- ‘‘(13) ‘nonhub airport’ means a commercial (b) EXISTING ADIZ.—If an ADIZ is in effect graph (20) and inserting ‘‘; and’’; and on the date of enactment of this Act, the Admin- service airport that has less than 0.05 percent of (3) by adding at the end the following: istrator shall transmit an initial report under the passenger boardings.’’; and ‘‘(21) if the airport owner or operator and a (6) by striking paragraph (6) and inserting the subsection (a) not later than 30 days after such person who owns an aircraft agree that a hang- following: date of enactment. ar is to be constructed at the airport for the air- ‘‘(6) ‘amount made available under section (c) DEFINITION.—In this section, the terms craft at the aircraft owner’s expense, the airport 48103’ or ‘amount newly made available’ means ‘‘Air Defense Identification Zone’’ and ‘‘ADIZ’’ owner or operator will grant to the aircraft the amount authorized for grants under section each mean a zone established by the Adminis- owner for the hangar a long-term lease (of not 48103 as that amount may be limited in that trator with respect to airspace under 18,000 feet less than 50 years) that is subject to such terms year by a subsequent law, but as determined in approximately a 15- to 38-mile radius around and conditions on the hangar as the airport without regard to grant obligation recoveries Washington, District of Columbia, for which se- owner or operator may impose.’’. made in that year or amounts covered by section curity measures are extended beyond the exist- (b) STATUTE OF LIMITATIONS..—Section 47107(f).’’. ing 15-mile no-fly zone around Washington and 47107(l)(5)(A) is amended by inserting ‘‘or any (b) CONFORMING AMENDMENT.—Section in which general aviation aircraft are required other governmental entity’’ after ‘‘sponsor’’. 47116(b)(1) is amended by striking ‘‘(as defined to adhere to certain procedures issued by the (c) AUDIT CERTIFICATION.—Section 47107(m) is in section 41731 of this title)’’. Administrator. amended— SEC. 502. REPLACEMENT OF BAGGAGE CONVEYOR (1) in paragraph (1) by striking ‘‘promulgate SEC. 440. INTERNATIONAL AIR TRANSPORTATION. SYSTEMS. regulations that’’ and inserting ‘‘include a pro- It is the sense of Congress that, in an effort to Section 47102(3)(B)(x) is amended by striking vision in the compliance supplement provisions modernize its regulations, the Department of the period at the end and inserting the fol- to’’; Transportation should formally define ‘‘Fifth lowing: ‘‘; except that such activities shall be el- (2) in paragraph (1) by striking ‘‘and opinion Freedom’’ and ‘‘Seventh Freedom’’ consistently igible for funding under this subchapter only of the review’’; and for both scheduled and charter passenger and using amounts apportioned under section (3) by striking paragraph (3). cargo traffic. 47114.’’. SEC. 508. ALLOWABLE PROJECT COSTS. SEC. 441. REIMBURSEMENT OF AIR CARRIERS SEC. 503. SECURITY COSTS AT SMALL AIRPORTS. (a) CONSTRUCTION OR MODIFICATION OF PUB- FOR CERTAIN SCREENING AND RE- (a) SECURITY COSTS.—Section 47102(3)(J) is LIC PARKING FACILITIES FOR SECURITY PUR- LATED ACTIVITIES. amended to read as follows: POSES.—Section 47110 is amended— The Secretary of Transportation, subject to ‘‘(J) in the case of a nonhub airport or an air- (1) in subsection (f) by striking ‘‘subsection the availability of funds (other than amounts in port that is not a primary airport in fiscal year (d)’’ and inserting ‘‘subsections (d) and (h)’’; the Aviation Trust Fund) provided for this pur- 2004, direct costs associated with new, addi- and pose, shall reimburse air carriers and airports tional, or revised security requirements imposed (2) by adding at the end the following: for the following: on airport operators by law, regulation, or order ‘‘(h) CONSTRUCTION OR MODIFICATION OF PUB- (1) All screening and related activities that on or after September 11, 2001, if the Govern- LIC PARKING FACILITIES FOR SECURITY PUR- the air carriers or airports are still performing or ment’s share is paid only from amounts appor- POSES.—Notwithstanding subsection (f)(1), a continuing to be responsible for, including— tioned to a sponsor under section 47114(c) or cost of constructing or modifying a public park- (A) the screening of catering supplies; 47114(d)(3)(A).’’. ing facility for passenger automobiles to comply (B) checking documents at security check- (b) CONFORMING AMENDMENT.—Section with a regulation or directive of the Department points; 47110(b)(2) is amended— of Homeland Security shall be treated as an al- (C) screening of passengers; and (1) in subparagraph (D) by striking ‘‘, (D) screening of persons with access to air- lowable airport development project cost.’’. 47102(3)(K), or 47102(3)(L)’’; and (b) DEBT FINANCING.—Section 47110 is further craft. (2) by aligning the margin of subparagraph amended by adding at the end the following: (2) The provision of space and facilities used (D) with the margin of subparagraph (B). ‘‘(i) DEBT FINANCING.—In the case of an air- to perform screening functions if such space and port that is not a medium hub airport or large facilities have been previously used, or were in- SEC. 504. WITHHOLDING OF PROGRAM APPLICA- TION APPROVAL. hub airport, the Secretary may determine that tended to be used, for revenue-producing pur- Section 47106(d) is amended— allowable airport development project costs in- poses. (1) in paragraph (1) by striking ‘‘section clude payments of interest, commercial bond in- SEC. 442. GENERAL AVIATION FLIGHTS AT RON- 47114(c) and (e) of this title’’ and inserting surance, and other credit enhancement costs as- ALD REAGAN WASHINGTON NA- ‘‘subsections (c), (d), and (e) of section 47114’’; TIONAL AIRPORT. sociated with a bond issue to finance the and project.’’. It is the sense of Congress that Ronald (2) by adding at the end the following: (c) CLARIFICATION OF ALLOWABLE COSTS..— Reagan Washington National Airport should be ‘‘(4) If the Secretary withholds a grant to an Section 47110(b)(1) is amended by inserting be- open to general aviation flights as soon as pos- airport from the discretionary fund under sec- fore the semicolon at the end ‘‘and any cost of sible. tion 47115 or from the small airport fund under moving a Federal facility impeding the project if TITLE V—AIRPORT DEVELOPMENT section 47116 on the grounds that the sponsor the rebuilt facility is of an equivalent size and SEC. 501. DEFINITIONS. has violated an assurance or requirement of this type’’. (a) IN GENERAL.—Section 47102 is amended— subchapter, the Secretary shall follow the proce- (d) TECHNICAL AMENDMENTS.—Section 47110(e) (1) by redesignating paragraphs (19) and (20) dures of this subsection.’’. is amended by aligning the margin of paragraph as paragraphs (24) and (25), respectively; SEC. 505. RUNWAY SAFETY AREAS. (6) with the margin of paragraph (5). (2) by inserting after paragraph (18) the fol- Section 47106 is amended by adding at the end SEC. 509. APPORTIONMENTS TO PRIMARY AIR- lowing: the following: PORTS. ‘‘(23) ‘small hub airport’ means a commercial ‘‘(h) RUNWAY SAFETY AREAS.—The Secretary (a) FORMULA CHANGES.—Section 47114(c)(1)(A) service airport that has at least 0.05 percent but may approve an application under this chapter is amended by striking clauses (iv) and (v) and less than 0.25 percent of the passenger for a project grant to construct, reconstruct, re- by inserting the following: boardings.’’; pair, or improve a runway only if the Secretary ‘‘(iv) $.65 for each of the next 500,000 pas- (3) in paragraph (10) by striking subpara- receives written assurances, satisfactory to the senger boardings at the airport during the prior graphs (A) and (B) and inserting following: Secretary, that the sponsor will undertake, to calendar year; ‘‘(A) means, unless the context indicates oth- the maximum extent practical, improvement of ‘‘(v) $.50 cents for each of the next 2,500,000 erwise, revenue passenger boardings in the the runway’s safety area to meet the standards passenger boardings at the airport during the United States in the prior calendar year on an of the Federal Aviation Administration.’’. prior calendar year; and

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.027 H11PT1 H5224 CONGRESSIONAL RECORD — HOUSE June 11, 2003 ‘‘(vi) $.45 cents for each additional passenger the waived amount available for a grant for an- the costs for such terminal development if those boarding at the airport during the prior cal- other public-use airport in the same State or costs would be allowable project costs under sec- endar year.’’. geographical area as the airport, as determined tion 47110(d) if they had been incurred after (b) SPECIAL RULE FOR FISCAL YEARS 2004 AND by the Secretary.’’. September 3, 1982. 2005.—Section 47114(c)(1) is amended by adding (b) PROJECT GRANT AGREEMENTS.—Section ‘‘(2) TERMINAL DEVELOPMENT COSTS INCURRED at the end the following: 47108(a) is amended by inserting ‘‘or BETWEEN JANUARY 1, 1992, AND OCTOBER 31, ‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2004 AND 47114(d)(3)(A)’’ after ‘‘under section 47114(c)’’. 1992.—An amount apportioned under section 2005.—Notwithstanding subparagraph (A) and (c) ALLOWABLE PROJECT COSTS.—Section 47110 47114 and made available to the sponsor of a the absence of scheduled passenger aircraft is further amended— nonhub airport at which terminal development service at an airport, the Secretary may appor- (1) in subsection (b)(2)(C) by striking ‘‘of this was carried out between January 1, 1992, and tion in fiscal years 2004 and 2005 to the sponsor title’’ and inserting ‘‘or section 47114(d)(3)(A)’’; October 31, 1992, is available to repay imme- of the airport an amount equal to the amount (2) in subsection (g)— diately money borrowed and to pay the costs for apportioned to that sponsor in fiscal year 2002 (A) by inserting ‘‘or section 47114(d)(3)(A)’’ such terminal development if those costs would or 2003, whichever amount is greater, if the Sec- after ‘‘of section 47114(c)’’; and be allowable project costs under section 47110(d). retary finds that— (B) by striking ‘‘of project’’ and inserting ‘‘of ‘‘(3) TERMINAL DEVELOPMENT COSTS AT PRI- ‘‘(i) the passenger boardings at the airport the project’’; and MARY AIRPORTS.—An amount apportioned under were below 10,000 in calendar year 2002; (3) by adding at the end the following: section 47114 or available under subsection (b)(3) ‘‘(ii) the airport had at least 10,000 passenger ‘‘(j) NONPRIMARY AIRPORTS.—The Secretary to a primary airport— boardings and scheduled passenger aircraft may decide that the costs of revenue producing ‘‘(A) that was a nonhub airport in the most service in either calendar year 2000 or 2001; and aeronautical support facilities, including fuel recent year used to calculate apportionments ‘‘(iii) the reason that passenger boardings de- farms and hangars, are allowable for an airport under section 47114; scribed in clause (i) were below 10,000 was the development project at a nonprimary airport if ‘‘(B) that is a designated airport under section decrease in passengers following the terrorist at- the Government’s share of such costs is paid 47118 in fiscal year 2003; and tacks of September 11, 2001.’’. only with funds apportioned to the airport ‘‘(C) at which terminal development is carried SEC. 510. CARGO AIRPORTS. sponsor under section 47114(d)(3)(A) and if the out between January 2003 and August 2004, Section 47114(c)(2) is amended— Secretary determines that the sponsor has made is available to repay immediately money bor- (1) in the paragraph heading by striking adequate provision for financing airside needs rowed and used to pay the costs for such ter- ‘‘ONLY’’; and of the airport.’’. minal development if those costs would be allow- (2) in subparagraph (A) by striking ‘‘3 per- (d) TERMINAL DEVELOPMENT COSTS.—Section able project costs under section 47110(d). cent’’ and inserting ‘‘3.5 percent’’. 47119(b) is amended— ‘‘(4) CONDITIONS FOR GRANT.—An amount is (1) by striking ‘‘or’’ at the end of paragraph available for a grant under this subsection only SEC. 511. CONSIDERATIONS IN MAKING DISCRE- (3); if— TIONARY GRANTS. (2) by striking the period at the end of para- ‘‘(A) the sponsor submits the certification re- Section 47115(d) is amended to read as follows: graph (4) and inserting ‘‘; or’’; and quired under section 47110(d); ‘‘(d) CONSIDERATIONS.— (3) by adding at the end the following: ‘‘(B) the Secretary of Transportation decides ‘‘(1) FOR CAPACITY ENHANCEMENT PROJECTS.— ‘‘(5) to a sponsor of a nonprimary airport, any that using the amount to repay the borrowed In selecting a project for a grant to preserve and part of amounts apportioned to the sponsor for money will not defer an airport development improve capacity funded in whole or in part the fiscal year under section 47114(d)(3)(A) for project outside the terminal area at that airport; from the fund, the Secretary shall consider— project costs allowable under section 47110(d).’’. and ‘‘(A) the effect that the project will have on SEC. 513. USE OF APPORTIONED AMOUNTS. ‘‘(C) amounts available for airport develop- overall national transportation system capacity; ment under this subchapter will not be used for ‘‘(B) the benefit and cost of the project, in- (a) SPECIAL APPORTIONMENT CATEGORIES.— additional terminal development projects at the cluding, in the case of a project at a reliever air- Section 47117(e)(1)(A) is amended— airport for at least 3 years beginning on the date port, the number of operations projected to be (1) by striking ‘‘of this title’’ the first place it the grant is used to repay the borrowed money. diverted from a primary airport to the reliever appears and inserting a comma; and ‘‘(5) APPLICABILITY OF CERTAIN LIMITA- airport as a result of the project, as well as the (2) by striking ‘‘of this title’’ the second place TIONS.—A grant under this subsection shall be cost savings projected to be realized by users of it appears and inserting ‘‘, for noise mitigation projects approved in an environmental record of subject to the limitations in subsection (b)(1) the local airport system; and (2).’’. ‘‘(C) the financial commitment from non- decision for an airport development project United States Government sources to preserve or under this title, for compatible land use plan- SEC. 516. CONTRACT TOWERS. improve airport capacity; ning and projects carried out by State and local Section 47124(b) is amended— (1) in paragraph (1) by striking ‘‘on December ‘‘(D) the airport improvement priorities of the governments under section 47140, and for airport 30, 1987,’’ and inserting ‘‘on date of enactment States to the extent such priorities are not in development described in section 47102(3)(F) or of the Flight 100—Century of Aviation Reau- conflict with subparagraphs (A) and (B); and 47102(3)(K) to comply with the Clean Air Act (42 ‘‘(E) the projected growth in the number of U.S.C. 7401 et seq.)’’. thorization Act’’; (2) in the heading for paragraph (3) by strik- passengers or aircraft that will be using the air- (b) ELIMINATION OF SUPER RELIEVER SET- ing ‘‘PILOT’’; port at which the project will be carried out. ASIDE.—Section 47117(e)(1)(C) is repealed. (3) in paragraph (4)(C) by striking ‘‘(2) FOR ALL PROJECTS.—In selecting a project (c) RECOVERED FUNDS.—Section 47117 is fur- ‘‘$1,100,000’’ and inserting ‘‘$1,500,000’’; and for a grant described in paragraph (1), the Sec- ther amended by adding at the end the fol- (4) by striking ‘‘pilot’’ each place it appears. retary shall consider whether— lowing: ‘‘(A) funding has been provided for all other ‘‘(h) TREATMENT OF CANCELED OR REDUCED SEC. 517. AIRPORT SAFETY DATA COLLECTION. projects qualifying for funding during the fiscal GRANT OBLIGATIONS.—For the purpose of deter- Section 47130 is amended to read as follows: year under this chapter that have attained a mining compliance with a limitation, enacted in ‘‘§ 47130. Airport safety data collection higher score under the numerical priority system an appropriations Act, on the amount of grant ‘‘Notwithstanding any other provision of law, employed by the Secretary in administering the obligations of funds made available by section the Administrator of the Federal Aviation Ad- fund; and 48103 that may be incurred in a fiscal year, an ministration may award a contract, using sole ‘‘(B) the sponsor will be able to commence the amount that is recovered by canceling or reduc- source or limited source authority, or enter into work identified in the project application in the ing a grant obligation of funds made available a cooperative agreement with, or provide a fiscal year in which the grant is made or within by section 48103 shall be treated as a negative grant from amounts made available under sec- 6 months after the grant is made, whichever is obligation that is to be netted against the obli- tion 48103 to, a private company or entity for later.’’. gation limitation as enacted and thus may per- the collection of airport safety data. In the mit the obligation limitation to be exceeded by SEC. 512. FLEXIBLE FUNDING FOR NONPRIMARY event that a grant is provided under this sec- AIRPORT APPORTIONMENTS. an equal amount.’’. tion, the United States Government’s share of (a) IN GENERAL.—Section 47117(c) is amended SEC. 514. MILITARY AIRPORT PROGRAM. the cost of the data collection shall be 100 per- to read as follows: Subsections (e) and (f) of section 47118 are cent.’’. ‘‘(c) USE OF SPONSOR’S APPORTIONED each amended by striking ‘‘$7,000,000’’ and in- SEC. 518. AIRPORT PRIVATIZATION PILOT PRO- AMOUNTS AT PUBLIC USE AIRPORTS.— serting ‘‘$10,000,000’’. GRAM. ‘‘(1) OF SPONSOR.—An amount apportioned to SEC. 515. TERMINAL DEVELOPMENT COSTS. (a) IN GENERAL.—Section 47134(b)(1) is amend- a sponsor of an airport under section 47114(c) or Section 47119(a) is amended to read as follows: ed— 47114(d)(3)(A) is available for grants for any ‘‘(a) REPAYING BORROWED MONEY.— (1) in subparagraph (A) by striking clauses (i) public-use airport of the sponsor included in the ‘‘(1) TERMINAL DEVELOPMENT COSTS INCURRED and (ii) and inserting the following: national plan of integrated airport systems. AFTER JUNE 30, 1970, AND BEFORE JULY 12, ‘‘(i) in the case of a primary airport, by at ‘‘(2) IN SAME STATE OR AREA.—A sponsor of an 1976.—An amount apportioned under section least 65 percent of the scheduled air carriers airport may make an agreement with the Sec- 47114 and made available to the sponsor of a serving the airport and by scheduled and non- retary of Transportation waiving the sponsor’s commercial service airport at which terminal de- scheduled air carriers whose aircraft landing at claim to any part of the amount apportioned for velopment was carried out after June 30, 1970, the airport during the preceding calendar year, the airport under section 47114(c) or and before July 12, 1976, is available to repay had a total landed weight during the preceding 47114(d)(3)(A) if the Secretary agrees to make immediately money borrowed and used to pay calendar year of at least 65 percent of the total

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.027 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5225 landed weight of all aircraft landing at the air- ‘‘(4) Credits are provided to airport sponsors air quality improvements at a commercial service port during such year; or in a timely manner. airport if the airport is located in an air quality ‘‘(ii) by the Secretary at any nonprimary air- ‘‘(5) The establishment of a method to assure nonattainment or maintenance area (as defined port after the airport has consulted with at least the Secretary that, for any specific airport in sections 171(2) and 175A of the Clean Air Act 65 percent of the owners of aircraft based at project for which funding is being requested, the (42 U.S.C. 7501(2), 7505a) and if such project will that airport, as determined by the Secretary.’’; appropriate credits will be granted. result in an airport receiving appropriate emis- (2) by redesignating subparagraph (B) as sub- ‘‘(b) ASSURANCE OF RECEIPT OF CREDITS.— sion credits, as described in section 47138. paragraph (C); and ‘‘(1) IN GENERAL.—As a condition for making ‘‘(L) converting vehicles and ground support (3) by inserting after subparagraph (A) the a grant for a project described in section equipment owned by a commercial service air- following: 47102(3)(K), 47102(3)(L), or 47139 or as a condi- port to low-emission technology or acquiring for ‘‘(B) OBJECTION TO EXEMPTION.—An air car- tion for granting approval to collect or use a use at a commercial service airport vehicles and rier shall be deemed to have approved a spon- passenger facility fee for a project described in ground support equipment that include low- sor’s application for an exemption under subsection 40117(a)(3)(G), 47102(3)(K), 47102(3)(L), emission technology if the airport is located in paragraph (A) unless the air carrier has sub- or 47139, the Secretary must receive assurance an air quality nonattainment area (as defined mitted an objection, in writing, to the sponsor from the State in which the project is located, or in section 171(2) of the Clean Air Act (42 U.S.C. within 60 days of the filing of the sponsor’s ap- from the Administrator of the Environmental 7501(2)) or a maintenance area referred to in plication with the Secretary, or within 60 days Protection Agency where there is a Federal im- section 175A of such Act (42 U.S.C. 7505a) and of the service of the application upon that air plementation plan, that the airport sponsor will if such project will result in an airport receiving carrier, whichever is later.’’. receive appropriate emission credits in accord- appropriate emission credits as described in sec- (b) FEDERAL SHARE.—Section 47109(a) is ance with the conditions of this section. tion 47138.’’. amended— ‘‘(2) AGREEMENT ON PREVIOUSLY APPROVED (d) ALLOWABLE PROJECT COST.—Section (1) by inserting ‘‘and’’ at the end of para- PROJECTS.—The Secretary and the Adminis- 47110(b) is further amended— graph (3); trator of the Environmental Protection Agency (1) by striking ‘‘and’’ at the end of paragraph (2) by striking paragraph (4); and shall jointly agree on how to provide emission (4); (3) by redesignating paragraph (5) as para- credits to airport projects previously approved (2) by striking the period at the end of paragraph (4). under section 47136 under terms consistent with graph (5) and inserting ‘‘; and’’; and SEC. 519. INNOVATIVE FINANCING TECHNIQUES. the conditions enumerated in this section.’’. (3) by adding at the end the following: (a) ELIGIBLE PROJECTS.—Section 47135(a) is (b) AIRPORT GROUND SUPPORT EQUIPMENT ‘‘(6) in the case of a project for acquiring for amended— EMISSIONS RETROFIT PILOT PROGRAM.—Sub- use at a commercial service airport vehicles and (1) in the first sentence by inserting after ‘‘ap- chapter I of chapter 471 is further amended by ground support equipment owned by an airport prove’’ the following: ‘‘after the date of enact- adding at the end the following: that is not described in section 47102(3) and that ment of the Flight 100—Century of Aviation Re- include low-emission technology, if the total authorization Act’’; ‘‘§ 47139. Airport ground support equipment costs allowed for the project are not more than (2) in the first sentence by striking ‘‘20’’ and emissions retrofit pilot program the incremental cost of equipping such vehicles inserting ‘‘10’’; and ‘‘(a) IN GENERAL.—The Secretary of Transpor- or equipment with low-emission technology, as (3) by striking the second sentence and insert- tation shall carry out a pilot program at not determined by the Secretary.’’. ing the following: ‘‘Such projects shall be lo- more than 10 commercial service airports under (e) LOW-EMISSION TECHNOLOGY EQUIPMENT.— cated at airports that are not medium or large which the sponsors of such airports may use an Section 47102 (as amended by section 501 of this hub airports.’’. amount made available under section 48103 to Act) is further amended by inserting after para- (b) INNOVATIVE FINANCING TECHNIQUES.—Sec- retrofit existing eligible airport ground support graph (10) the following: tion 47135(c)(2) is amended— equipment that burns conventional fuels to ‘‘(11) ‘low-emission technology’ means tech- (1) by striking subparagraphs (A) and (B); achieve lower emissions utilizing emission con- nology for vehicles and equipment whose emis- and trol technologies certified or verified by the En- sion performance is the best achievable under (2) by redesignating subparagraphs (C) and vironmental Protection Agency. emission standards established by the Environ- (D) as subparagraphs (A) and (B), respectively. ‘‘(b) LOCATION IN AIR QUALITY NONATTAIN- mental Protection Agency and that relies exclu- (c) SAVINGS CLAUSE.—The amendments made MENT OR MAINTENANCE AREAS.—A commercial sively on alternative fuels that are substantially by this section shall not affect applications ap- service airport shall be eligible for participation non-petroleum based, as defined by the Depart- proved under section 47135 of title 49, United in the pilot program only if the airport is lo- ment of Energy, but not excluding hybrid sys- States Code, before the date of enactment of this cated in an air quality nonattainment area (as tems or natural gas powered vehicles.’’. Act. defined in section 171(2) of the Clean Air Act (42 (f) CONFORMING AMENDMENTS.—The analysis SEC. 520. AIRPORT SECURITY PROGRAM. U.S.C. 7501(2)) or a maintenance area referred of subchapter I of chapter 471 is amended by Section 47137 is amended— to in section 175A of such Act (42 U.S.C. 7505a). adding at the end the following: (1) by redesignating subsections (e) and (f) as ‘‘(c) SELECTION CRITERIA.—In selecting from ‘‘47138. Emission credits for air quality projects. subsections (f) and (g), respectively; and among applicants for participation in the pilot ‘‘47139. Airport ground support equipment emis- (2) by inserting after subsection (d) the fol- program, the Secretary shall give priority con- sions retrofit pilot program.’’. lowing: sideration to applicants that will achieve the SEC. 522. COMPATIBLE LAND USE PLANNING AND ‘‘(e) ADMINISTRATION.—The Secretary, in co- greatest air quality benefits measured by the PROJECTS BY STATE AND LOCAL operation with the Secretary of Homeland Secu- amount of emissions reduced per dollar of funds GOVERNMENTS. rity, shall administer the program authorized by expended under the pilot program. (a) IN GENERAL.—Subchapter I of chapter 471 this section.’’. ‘‘(d) MAXIMUM AMOUNT.—Not more than is further amended by adding at the end the fol- SEC. 521. LOW-EMISSION AIRPORT VEHICLES AND $500,000 may be expended under the pilot pro- lowing: INFRASTRUCTURE. gram at any single commercial service airport. ‘‘§ 47140. Compatible land use planning and (a) EMISSIONS CREDITS.—Subchapter I of ‘‘(e) GUIDELINES.—The Secretary, in consulta- projects by State and local governments chapter 471 is amended by adding at the end the tion with the Administrator of the Environ- N GENERAL.—The Secretary of Transpor- following: ‘‘(a) I mental Protection Agency, shall establish guide- tation may make grants from amounts set aside ‘‘§ 47138. Emission credits for air quality lines regarding the types of retrofit projects eli- under section 47117(e)(1)(A) to States and units projects gible under the pilot program by considering re- of local government for land use compatibility ‘‘(a) IN GENERAL.—The Secretary of Transpor- maining equipment useful life, amounts of emis- plans or projects resulting from those plans for tation and the Administrator of the Environ- sion reduction in relation to the cost of projects, the purposes of making the use of land areas mental Protection Agency shall jointly agree on and other factors necessary to carry out this around large hub airports and medium hub air- how to assure that airport sponsors receive ap- section. The Secretary may give priority to ports compatible with aircraft operations if— propriate emission credits for carrying out ground support equipment owned by the airport ‘‘(1) the airport operator has not submitted a projects described in sections 40117(a)(3)(G), and used for airport purposes. noise compatibility program to the Secretary 47102(3)(K), and 47102(3)(L). Such agreement ‘‘(f) ELIGIBLE EQUIPMENT DEFINED.—In this under section 47504 or has not updated such must include, at a minimum, the following con- section, the term ‘eligible equipment’ means program within the past 10 years; and ditions: ground service or maintenance equipment that ‘‘(2) the land use plan meets the requirements ‘‘(1) The provision of credits is consistent with is located at the airport, is used to support aero- of this section and any project resulting from the Clean Air Act (42 U.S.C. 7402 et seq.). nautical and related activities at the airport, the plan meets such requirements. ‘‘(2) Credits generated by the emissions reduc- and will remain in operation at the airport for ‘‘(b) ELIGIBILITY.—In order to receive a grant tions are kept by the airport sponsor and may the life or useful life of the equipment, which- under this section, a State or unit of local gov- only be used for purposes of any current or fu- ever is earlier.’’. ernment must— ture general conformity determination under the (c) ADDITION TO AIRPORT DEVELOPMENT.— ‘‘(1) have the authority to plan and adopt Clean Air Act or as offsets under the Environ- Section 47102(3) is further amended by striking land use control measures, including zoning, in mental Protection Agency’s new source review subparagraphs (K) and (L) and inserting the the planning area in and around a large or me- program for projects on the airport or associated following: dium hub airport; with the airport. ‘‘(K) work necessary to construct or modify ‘‘(2) provide written assurance to the Sec- ‘‘(3) Credits are calculated and provided to airport facilities to provide low-emission fuel retary that it will work with the affected airport airports on a consistent basis nationwide. systems, gate electrification, and other related to identify and adopt such measures; and

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.028 H11PT1 H5226 CONGRESSIONAL RECORD — HOUSE June 11, 2003 ‘‘(3) provide written assurance to the Sec- ‘‘(1) the negotiation of agreements between fered only in the order printed in the retary that it will achieve, to the maximum ex- the Secretary and an airport sponsor to provide report or pursuant to the previous tent possible, compatible land uses consistent building construction, maintenance, utilities order of the House, by a Member des- with Federal land use compatibility criteria and expenses, or space in airport sponsor-owned ignated in the report, shall be consid- under section 47502(3) and that those compatible buildings to the Federal Aviation Administra- land uses will be maintained. tion without cost or at below-market rates; or ered read, shall be debatable for the ‘‘(c) ASSURANCES.—The Secretary shall require ‘‘(2) the Secretary of Transportation from re- time specified in the report, equally di- a State or unit of local government to which a quiring airport sponsors to provide land without vided and controlled by the proponent grant may be awarded under this section for a cost to the Federal Aviation Administration for and an opponent, shall not be subject land use plan or a project resulting from such a air traffic control facilities.’’. to amendment, and shall not be subject plan to provide— (b) CONFORMING AMENDMENT.—The analysis to a demand for division of the ques- ‘‘(1) assurances satisfactory to the Secretary for subchapter I of chapter 471 is further tion. that the plan— amended by adding at the end the following: ‘‘(A) is reasonably consistent with the goal of Pursuant to the previous order of the ‘‘47141. Prohibition on rent-free space require- reducing existing noncompatible land uses and House, it is now in order to consider ments for Federal Aviation Ad- preventing the introduction of additional non- amendment No. 5 printed in part B of ministration.’’. compatible land uses; House Report 108–146. SEC. 524. MIDWAY ISLAND AIRPORT. ‘‘(B) addresses ways to achieve and maintain AMENDMENT NO. 5 OFFERED BY MR. MANZULLO (a) FINDINGS.—Congress finds that the contin- compatible land uses, including zoning, building Mr. MANZULLO. Mr. Chairman, I codes, and any other projects under section ued operation of the Midway Island Airport in 47504(a)(2) that are within the authority of the accordance with the standards of the Federal offer an amendment. State or unit of local government to implement; Aviation Administration applicable to commer- The CHAIRMAN. The Clerk will des- ‘‘(C) uses noise contours provided by the air- cial airports is critical to the safety of commer- ignate the amendment. port operator that are consistent with the air- cial, military, and general aviation in the mid- The text of the amendment is as fol- port operation and planning, including any Pacific Ocean region. lows: (b) MEMORANDUM OF UNDERSTANDING ON SALE noise abatement measures adopted by the air- Amendment No. 5 offered by Mr. MAN- OF AIRCRAFT FUEL.—The Secretary of Transpor- port operator as part of its own noise mitigation ZULLO: efforts; tation shall enter into a memorandum of under- At the end of title V of the bill, add the fol- ‘‘(D) does not duplicate, and is not incon- standing with the Secretaries of Defense, Inte- lowing new section (and conform the table of sistent with, the airport operator’s noise com- rior, and Homeland Security to facilitate the contents accordingly): patibility measures for the same area; and sale of aircraft fuel on Midway Island at a price ‘‘(E) has received concurrence by the airport that will generate sufficient revenue to improve SEC. 525. REPORT ON WAIVERS OF PREFERENCE operator prior to adoption by the State or unit the ability of the airport to operate on a self- FOR BUYING GOODS PRODUCED IN THE UNITED STATES. sustaining basis in accordance with the stand- of local government; and Not later than 90 days after the date of the ‘‘(2) such other assurances as the Secretary ards of the Federal Aviation Administration ap- enactment of this Act, the Secretary of determines to be necessary to carry out this sec- plicable to commercial airports. The memo- Transportation shall submit to Congress a tion. randum shall also address the long-range poten- report on the waiver contained in section ‘‘(d) GUIDELINES.—The Secretary shall estab- tial of promoting tourism as a means to generate 50101(b) of title 49, United States Code (relat- lish guidelines to administer this section in ac- revenue to operate the airport. ing to buying goods produced in the United cordance with the purposes and conditions de- (c) TRANSFER OF NAVIGATION AIDS AT MIDWAY States). The report shall, at a minimum, in- scribed in this section. The Secretary may re- ISLAND AIRPORT.—The Midway Island Airport clude— quire the State or unit of local government to may transfer, without consideration, to the Ad- (1) a list of all waivers granted pursuant to which a grant may be awarded under this sec- ministrator the navigation aids at the airport. that section since the date of enactment of tion to provide progress reports and other infor- The Administrator shall accept the navigation that section; and mation as the Secretary determines to be nec- aids and operate and maintain the navigation (2) for each such waiver— essary to carry out this section. aids under criteria of the Administrator. (A) the specific authority under such sec- ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may (d) FUNDING TO THE SECRETARY OF INTERIOR tion 50101(b) for granting the waiver; and approve a grant under this section to a State or FOR MIDWAY ISLAND AIRPORT.— (B) the rationale for granting the waiver. unit of local government for a land use compat- (1) IN GENERAL.—Chapter 481 is amended by ibility project only if the Secretary is satisfied adding at the end the following: The CHAIRMAN. Pursuant to House that the project is consistent with the guidelines ‘‘§ 48114. Funding to the Secretary of Interior Resolution 265, the gentleman from Il- established by the Secretary under this section, for Midway Island Airport linois (Mr. MANZULLO) and a Member that the State or unit of local government has ‘‘The following amounts shall be available opposed each will control 5 minutes. provided the assurances required by this section, The Chair recognizes the gentleman that the Secretary has received evidence that (and shall remain available until expended) to from Illinois (Mr. MANZULLO). the State or unit of local government has imple- the Secretary of Interior, out of the Airport and mented (or has made provision to implement) Airway Trust Fund established under section Mr. MANZULLO. Mr. Chairman, I those elements of the plan that are not eligible 9502 of the Internal Revenue Code of 1986 (26 yield myself such time as I may con- for Federal financial assistance, and that the U.S.C. 9502), for airport capital projects at the sume. The American economy is in the project is not inconsistent with Federal stand- Midway Island Airport: midst of a manufacturing crisis. Over ards. ‘‘(1) $750,000 for fiscal year 2004. the past 3 years, we have lost 2.6 mil- ‘‘(f) SUNSET.—This section shall not be in ef- ‘‘(2) $2,500,000 for fiscal year 2005. ‘‘(3) $1,000,000 for fiscal year 2006. lion jobs. The latest Bureau of Labor fect after September 30, 2007.’’. Statistics reports show that for 34 (b) CONFORMING AMENDMENT.—The analysis ‘‘(4) $1,000,000 for fiscal year 2007.’’. of subchapter I of chapter 471 is further amend- (2) CONFORMING AMENDMENT.—The analysis straight months, we have had a coring ed by adding at the end the following: for chapter 481 is amended by adding at the end out of our manufacturing base, losing the following: ‘‘47140. Compatible land use planning and 53,000 manufacturing jobs each month. projects by State and local gov- ‘‘48114. Funding to the Secretary of Interior for These jobs are necessary, many of ernments.’’. Midway Island Airport.’’. them, to help out with our defense in- SEC. 523. PROHIBITION ON REQUIRING AIRPORTS TITLE VI—EXTENSION OF AIRPORT AND dustrial base. They include such basic TO PROVIDE RENT-FREE SPACE FOR AIRWAY TRUST FUND EXPENDITURE AU- products as tools, dies and molds. FEDERAL AVIATION ADMINISTRA- THORITY In 1981, Rockford, Illinois, the largest TION. SEC. 601. EXTENSION OF EXPENDITURE AUTHOR- (a) IN GENERAL.—Subchapter I of chapter 471 city in the congressional district I rep- ITY. is further amended by adding at the end the fol- resent, led the Nation with unemploy- Paragraph (1) of section 9502(d) of the Inter- lowing: ment at 24.9 percent. Today it is nal revenue Code of 1986 (relating to expendi- around 11 percent. I do not want to see ‘‘§ 47141. Prohibition on rent-free space re- tures from Airport and Airway Trust Fund) is quirements for Federal Aviation Adminis- amended— a recurrence of 1981. We are in danger tration (1) by striking ‘‘October 1, 2003’’ and inserting of seeing our industrial base irrep- ‘‘(a) IN GENERAL.—The Secretary of Transpor- ‘‘October 1, 2007’’, and arably harmed. Unlike the past when tation may not require an airport sponsor to (2) by inserting ‘‘or the flight 100—Century of factories were closed during an eco- provide to the Federal Aviation Administration, Aviation Reauthorization Act’’ before the semi- nomic downturn but reopened when without compensation, space in a building colon at the end of subparagraph (A). times improved, today a too frequent owned by the sponsor and costs associated with such space for building construction, mainte- The CHAIRMAN. No amendment to outcome is the permanent closure of a nance, utilities, and other expenses. the committee amendment is in order factory. The jobs leave forever. The ‘‘(b) NEGOTIATED AGREEMENTS.—Subsection except those printed in part B of the young people entering the workforce do (a) does not prohibit— report. Each amendment may be of- not have a manufacturing career

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.028 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5227 choice left open to them. My own con- that this would be one of the areas produce no regional jets in the United stituents have been impacted by the where we would continue to dominate States, and I think the very least we bankruptcy of several manufacturers the world. To have the prospect of can do is have a Buy America provision since this downturn began. agencies of the Federal Government that has teeth, that has provisions that Mr. Chairman, the bleeding con- using taxpayer resources to outsource will ensure that our manufactured tinues. Since 1933, the Buy American to foreign vendors in this very critical goods are respected by the mandates Act has safeguarded the interests of sector, a sector which in the case of at set down by Congress to Buy America. American manufacturers by requiring least one major manufacturer is belea- So I strongly support the gentleman’s the Federal Government to purchase guered by unfair foreign competition, amendment. domestically manufactured products in fact, something we heard repeated Mr. MANZULLO. Mr. Chairman, I for government usage. To qualify as a on a trip of the Subcommittee on Avia- yield back the balance of my time. domestic product, the content cost of tion for the engine manufacturers and The CHAIRMAN. All time having ex- the components must be ‘‘substantially others, where subsidies and develop- pired, the question is on the amend- all’’ produced in America. Most people ment grants that never have to be paid ment offered by the gentleman from Il- would say that term ‘‘substantially back and all sorts of things are made linois (Mr. MANZULLO). all’’ means 80 to 90 percent or even 99 available to them that are not made The question was taken; and the percent. However, the regulators at the available to American manufacturers. I Chairman announced that the ayes ap- Federal Government say ‘‘substan- think the audit at this time is extraor- peared to have it. tially all’’ means only 50 percent. I am dinarily worthy. I really thank him for Mr. MANZULLO. Mr. Chairman, I de- glad to say that at the Federal Avia- bringing this issue before the Congress. mand a recorded vote. tion Administration, ‘‘substantially Mr. OBERSTAR. Mr. Chairman, will The CHAIRMAN. Pursuant to clause all’’ is defined as 60 percent for the ac- the gentleman yield? 6 of rule XVIII, further proceedings on quisition of steel or manufactured Mr. DEFAZIO. I yield to the gen- the amendment offered by the gen- goods according to the 1995 acquisition tleman from Minnesota. tleman from Illinois (Mr. MANZULLO) regulations which the FAA authorized Mr. OBERSTAR. Mr. Chairman, I will be postponed. back then. thank the gentleman for yielding. I The CHAIRMAN. It is now in order to I am disturbed, however, at the in- thank the gentleman for offering the consider amendment No. 1 printed in stance of waivers allowed by the FAA. amendment. part B of House Report No. 108–146. Civil aircraft and aircraft components I just want to raise a cautionary AMENDMENT NO. 1 OFFERED BY MR. MICA purchased by the FAA are not subject note, that in doing so we do not scare Mr. MICA. Mr. Chairman, I offer an to the Buy American Act due to the business away from the United States amendment. provisions of the Agreement of Trade from foreign manufacturers. I am very The CHAIRMAN. The Clerk will des- on Civil Aircraft negotiated by the U.S. strong on Buy America, I insist on it in ignate the amendment. Trade Representative. Currently the the Federal aid highway program on The text of the amendment is as fol- FAA is advertising on its Web site a re- steel, but there was a time in which 70 lows: quirement for an airborne research and percent of the value and the parts of Amendment No. 1 offered by Mr. MICA: development multi-engine jet aircraft Airbus aircraft were manufactured in Page 46, strike line 20 and all that follows at $14.9 million that could be bought the United States. through page 47, line 2, and insert the fol- with U.S. taxpayers’ dollars from for- lowing: b 1500 ‘‘(2) MONTHLY REPORTS FROM SECRETARY OF eign countries at a time when tens of HOMELAND SECURITY.—To assist in the publi- thousands of air and space workers in As we got into the wars over agriculture with the European community, cation of data under paragraph (1), the Sec- this country are unemployed. retary of Transportation may request the It has been 8 years since the Sec- the Airbus consortium pulled back Secretary of Homeland Security to periodi- retary of Transportation was last re- from its placing of business in the cally report on the number of complaints quired to report to Congress on pro- United States, and we have lost ground about security screening received by the curements that were not domestic in the manufacturing of Airbus parts in Secretary of Homeland Security.’’. products. This amendment will require the United States, and the same is oc- Page 58, after line 24, insert the following: (e) ELIGIBILITY OF AIRPORT GROUND ACCESS a report that will bring us current incurring in other areas. I just want to be sure in the process TRANSPORTATION PROJECTS.—Not later than formation on this subject. We do not 60 days after the enactment of this Act, the even know how many aircraft or other we are not scaring away business from Administrator of the Federal Aviation Ad- products the FAA is procuring each the United States while legitimately ministration shall publish in the Federal year from foreign countries because of protecting our own interests. I know Register the current policy of the Adminis- waivers to the Buy American Act. We the gentleman from Illinois has those tration with respect to the eligibility of air- are asking that this Congress, that this concerns at heart. port ground access transportation projects House of Representatives adopt this Mr. DEFAZIO. Mr. Chairman, I yield for the use of passenger facility fees under section 40117 of title 49, United States Code. amendment to help stop the hem- back the balance of my time. Mr. MANZULLO. Mr. Chairman, I Page 61, line 17, strike ‘‘Section 41106(b) is orrhaging of the loss of the American amended’’ and all that follows through ‘‘fol- base in this country. yield myself such time as I may con- lowing’’ on line 18 and insert the following: sume. I urge my colleagues to support this Subsections (a)(1), (b), and (c) of section 41106 commonsense amendment. Mr. Chairman, this amendment pro- are each amended— Mr. Chairman, I reserve the balance vides simply for a study of what has (1) by striking ‘‘through a contract for air- of my time. taken place in the past. It changes no lift service’’ and inserting Mr. DEFAZIO. Mr. Chairman, I claim law. Page 61, line 20, strike the period and in- the time in opposition but not to speak Mr. Chairman, I yield 1 minute to the sert ‘‘; and’’. in opposition to the amendment. gentleman from Florida (Chairman Page 61, after line 20, insert the following: (2) by inserting ‘‘through a contract for The CHAIRMAN. Without objection, MICA). airlift service’’ after ‘‘obtained’’. the Chair recognizes the gentleman Mr. MICA. Mr. Chairman, I thank the Page 62, strike lines 4 through 6 and insert from Oregon (Mr. DEFAZIO) for 5 min- gentleman for offering this amend- the following: utes. ment, and I rise in strong support of it. (2) in subsections (b)(3)(A) and (b)(3)(B) by There was no objection. I think we need to do everything pos- inserting ‘‘over a national park’’ after ‘‘oper- Mr. DEFAZIO. Mr. Chairman, I yield sible to protect the intent of our Buy ations’’; myself such time as I may consume. America requirements, and I think the Page 62, after line 6, insert the following I think this is a very worthy under- gentleman’s amendment does exactly (and redesignate subsequent paragraphs in taking. As the gentleman points out, that. In the aviation industry, unfortu- section 409(a) of the bill accordingly): (3) in subsection (b)(3)(C) by inserting we have hollowed out so much of Amer- nately, we are facing tremendous loss ‘‘over a national park that are also’’ after ican manufacturing capability, but we in jobs, employment, and manufac- ‘‘operations’’; have for years touted the fact that our turing. We have lost about half of the Page 63, line 14, after the period insert the leadership in aviation and aerospace, large aircraft manufacturing, we following:

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.070 H11PT1 H5228 CONGRESSIONAL RECORD — HOUSE June 11, 2003 Commercial Special Flight Rules Area oper- tinued airworthiness’ means any information SEC. 443. CHARTER AIRLINES. ations in the Dragon and Zuni Point cor- (and any changes to such information) con- (a) IN GENERAL.—Section 41104(b)(1) is ridors of the Grand Canyon National Park sidered essential to continued airworthiness amended— may not take place during the period begin- that sets forth instructions and require- (1) by striking ‘‘paragraph (3)’’ and insert- ning 1 hour before sunset and ending 1 hour ments for performing maintenance and altering ‘‘paragraphs (3) and (4)’’; after sunrise. ation. (2) by inserting a comma after ‘‘regularly Page 71, line 13, strike ‘‘six’’ and insert Page 89, strike line 19 and all that follows scheduled charter air transportation’’; and ‘‘without regard to the criteria contained in through page 90, line 15, and insert the fol- (3) by striking ‘‘flight unless such air subsection (b)(1), six’’. lowing: transportation’’ and all that follows through Page 72, strike line 24 and all that follows ‘‘(3) To determine if design approval hold- the period at the end and inserting the fol- through page 73, line 11, and insert the fol- ers for aircraft, aircraft engines, and propel- lowing: ‘‘flight, to or from an airport that— lowing: lers that are in production on the date of en- ‘‘(A) does not have an airport operating (f) COMMUTERS DEFINED.— actment of this section and for which appli- certificate issued under part 139 of title 14, (1) IN GENERAL.—Section 41718 is amended cation for a type certificate or supplemental Code of Federal Regulations (or any subse- by adding at the end the following: type certificate was made before January 29, quent similar regulation); or ‘‘(f) COMMUTERS DEFINED.—For purposes of 1981, should be required to make instructions ‘‘(B) has an airport operating certificate aircraft operations at Ronald Reagan Wash- for continued airworthiness or maintenance issued under part 139 of title 14, Code of Fed- ington National Airport under subpart K of manuals available (including any changes eral Regulations (or any subsequent similar part 93 of title 14, Code of Federal Regula- thereto) to any person required by Federal regulation) if the airport— tions, the term ‘commuters’ means aircraft Aviation Administration rules to comply ‘‘(i) is a reliever airport (as defined in sec- operations using aircraft having a certifi- with any of the terms of the instructions or tion 47102) and is designated as such in the cated maximum seating capacity of 76 or manuals. national plan of integrated airports main- less.’’. Page 90, line 16, strike ‘‘(6)’’ and insert tained under section 47103; and (2) REGULATIONS.—The Administrator of ‘‘(4)’’. ‘‘(ii) is located within 20 nautical miles (22 the Federal Aviation Administration shall Page 90, after line 17, insert the following: statute miles) of 3 or more airports that an- revise regulations to take into account the ‘‘(d) DEADLINES FOR RULEMAKING.— nually account for at least 1 percent of the amendment made by paragraph (1). ‘‘(1) NOTICE OF PROPOSED RULEMAKING.—The total United States passenger enplanements Page 75, line 22, after ‘‘pay’’ insert ‘‘from Administrator shall issue a notice of pro- and at least 2 of which are operated by the local sources other than airport revenues’’. posed rulemaking to carry out subsection (c) sponsor of the reliever airport.’’. Page 75, line 25, after ‘‘2008’’ insert ‘‘and not later than one year after the date of en- (b) WAIVERS.—Section 41104(b) is amended each fiscal year thereafter’’. actment of this section. by adding at the end the following: Page 76, after line 24, insert the following: ‘‘(2) FINAL RULE.—The Administrator shall ‘‘(4) WAIVERS.—The Secretary may waive (4) ADJUSTMENTS.—Section 41737 is amend- issue a final rule with respect to subsection the application of paragraph (1)(B) in cases ed by adding at the end the following: (c) not later than one year after the final in which the Secretary determines that the ‘‘(e) ADJUSTMENTS TO ACCOUNT FOR SIGNIFI- date for the submission of comments with republic interest so requires.’’. CANTLY INCREASED COSTS.— spect to the proposed rulemaking. SEC. 444. IMPLEMENTATION OF CHAPTER 4 ‘‘(1) IN GENERAL.—If the Secretary deter- ‘‘(e) ENFORCEMENT OF CURRENT REGULA- NOISE STANDARDS. mines that air carriers are experiencing sig- TION.—The Administrator shall review design Not later than July 1, 2004, the Secretary nificantly increased costs in providing air approval holders that were required to of Transportation shall issue regulations to service or air transportation under this sub- produce instructions for continued air- implement Chapter 4 noise standards, con- chapter, the Secretary may increase the worthiness under section 21.50(b) of title 14, sistent with the recommendations adopted rates of compensation payable under this Code of Federal Regulations. If the Adminis- by the International Civil Aviation Organi- zation. subchapter without regard to any agreement trator determines that a design approval or requirement relating to the renegotiation holder has not produced such instructions, SEC. 445. CREW TRAINING. of contracts or any notice requirement under the Administrator shall require the design Section 44918 is amended to read as follows: section 41734. approval holder to prepare such instructions ‘‘§ 44918. Crew training ‘‘(2) SIGNIFICANTLY INCREASED COSTS DE- and make them available as required by this ‘‘(a) BASIC SECURITY TRAINING.— FINED.—In this subsection, the term ‘signifi- section not later than 1 year after the design ‘‘(1) IN GENERAL.—Each air carrier pro- cantly increased costs’ means an average approval holder is notified by the Adminis- viding scheduled passenger air transpor- monthly cost increase of 10 percent or trator of the determination. tation shall carry out a training program for more.’’. Page 90, line 18, strike ‘‘(d)’’ and insert flight and cabin crew members to prepare Page 78, line 20, before the comma insert ‘‘(f)’’. the crew members for potential threat condi- the following: Page 95, before line 1, insert the following: tions. or requirements contained in a subsequent (c) REVIEW.—The first sentence of section ‘‘(2) PROGRAM ELEMENTS.—An air carrier appropriations Act 46110(a) is amended by striking ‘‘part’’ and training program under this subsection shall Page 78, after line 23, insert the following inserting ‘‘subtitle’’. include, at a minimum, elements that ad- (and redesignate subsequent subsections in Page 96, line 22, strike ‘‘air carrier’’ and in- dress each of the following: section 415 of the bill accordingly): sert ‘‘employer’’. ‘‘(A) Recognizing suspicious activities and Page 112, strike lines 4 through 6 and insert (e) EXEMPTION FROM HOLD-IN REQUIRE- determining the seriousness of any occur- the following: MENTS.—Section 41734 is further amended by rence. (b) LIMITATION.—Subsection (a) shall not adding at the end the following: ‘‘(B) Crew communication and coordina- apply to a Federal Aviation Administration ‘‘(j) EXEMPTION FROM HOLD-IN REQUIRE- tion. air traffic control tower operated under the MENTS.—If, after the date of enactment of ‘‘(C) The proper commands to give pas- contract tower program on the date of enact- this subsection, an air carrier commences air sengers and attackers. ment of this Act or to any expansion of that transportation to an eligible place that is ‘‘(D) Appropriate responses to defend one- program under section 47124(b)(3) or not receiving essential air service as a result self. 47124(b)(4) of title 49, United States Code. ‘‘(E) Use of protective devices assigned to of the failure of the eligible place to meet re- Page 113, line 21, after ‘‘Transportation’’ crew members (to the extent such devices quirements contained in an appropriations insert ‘‘, in consultation with the Secretary are required by the Administrator of the Act, the air carrier shall not be subject to of Defense,’’. the requirements of subsections (b) and (c) Page 113, lines 24 and 25, strike ‘‘9 months Federal Aviation Administration or the with respect to such air transportation.’’. after the date of enactment of this Act’’ and Under Secretary for Border and Transpor- Page 83, line 21, strike ‘‘3 years’’ and insert insert ‘‘September 30, 2004’’. tation Security of the Department of Home- ‘‘4 years’’. Page 118, after line 13, insert the following: land Security). Page 88, strike lines 11 through 13 and in- (c) DESCRIPTION OF CHANGES TO IMPROVE ‘‘(F) Psychology of terrorists to cope with sert the following: OPERATIONS.—A report transmitted by the hijacker behavior and passenger responses. ‘‘(1) MAKE AVAILABLE.—The term ‘make Administrator under this section shall in- ‘‘(G) Situational training exercises regard- available’ means providing at a fair and rea- clude a description of any changes in proce- ing various threat conditions. sonable price. Such price may include recur- dures or requirements that could improve ‘‘(H) Flight deck procedures or aircraft ma- ring and non-recurring costs associated with operational efficiency or minimize oper- neuvers to defend the aircraft and cabin crew post-certification development, preparation, ational impacts of the ADIZ on pilots and responses to such procedures and maneuvers. and distribution. Such price may not include controllers. This portion of the report may ‘‘(I) The proper conduct of a cabin search. the initial product development costs related be transmitted in classified or unclassified ‘‘(J) Any other subject matter considered to the issuance of a design approval. form. appropriate by the Under Secretary. Page 88, strike line 20 and all that follows Page 118, line 14, strike ‘‘(c)’’ and insert ‘‘(3) APPROVAL.—An air carrier training through page 89, line 6, and insert the fol- ‘‘(d)’’. program under this subsection shall be sub- lowing: Page 120, after line 5, insert the following ject to approval by the Under Secretary. ‘‘(3) INSTRUCTIONS FOR CONTINUED AIR- (and conform the table of contents of the bill ‘‘(4) MINIMUM STANDARDS.—Not later than WORTHINESS.—The term ‘instructions for con- accordingly): one year after the date of enactment of the

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.041 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5229

Flight 100—Century of Aviation Reauthoriza- ‘‘(7) DESIGNATION OF TSA OFFICIAL.—The Page 138, line 23, strike ‘‘Such projects’’ tion Act, the Under Secretary shall establish Under Secretary shall designate an official and all that follows through the first period minimum standards for the training pro- in the Transportation Security Administra- on line 24 and insert the following: vided under this subsection and for recurrent tion to be responsible for implementing the A project using an innovative financing tech- training. training program under this subsection. The nique described in subsection (c)(2)(A) or ‘‘(5) EXISTING PROGRAMS.—Notwithstanding official shall consult with air carriers and (c)(2)(B) shall be located at an airport that is paragraph (3), any training program of an air labor organizations representing crew mem- not a medium or large hub airport. A project carrier to prepare flight and cabin crew bers before implementing the program to en- using the innovative financing technique de- members for potential threat conditions that sure that it is appropriate for situations that scribed in subsection (c)(2)(C) shall be lo- was approved by the Administrator or the may arise on board an aircraft during a cated at an airport that is a medium or large Under Secretary before the date of enact- flight. hub airport. ment of the Flight 100—Century of Aviation ‘‘(c) LIMITATION.—Actions by crew mem- Page 139, line 3, strike ‘‘and’’ the second Reauthorization Act may continue in effect bers under this section shall be subject to place it appears. until disapproved or ordered modified by the the provisions of section 44903(k).’’. Under Secretary. Page 139, line 5, strike the period at the SEC. 446. REVIEW OF COMPENSATION CRITERIA. end and insert a semicolon. ‘‘(6) MONITORING.—The Under Secretary, in Not later than 6 months after the date of Page 139, after line 5, insert the following: consultation with the Administrator, shall enactment of this Act, the Comptroller Gen- (3) in subparagraph (A) (as so redesignated) monitor air carrier training programs under eral shall review the criteria used by the Air this subsection and periodically shall review by striking ‘‘and’’ at the end; Transportation Stabilization Board to com- (4) in subparagraph (B) (as so redesignated) an air carrier’s training program to ensure pensate air carriers following the terrorist that the program is adequately preparing by striking the period at the end and insert- attack of September 11, 2001, with a par- ing ‘‘; and’’; and crew members for potential threat condi- ticular focus on whether it is appropriate to tions. In determining when an air carrier’s (5) by adding at the end the following: compensate air carriers for the decrease in ‘‘(C) payment of interest on indebtedness training program should be reviewed under value of their aircraft after September 11th. this paragraph, the Under Secretary shall incurred to carry out a project for airport SEC. 447. REVIEW OF CERTAIN AIRCRAFT OPER- consider complaints from crew members. development.’’. ATIONS IN ALASKA. At the end of title V of the bill on page 152, The Under Secretary shall ensure that em- Not later than 6 months after the date of ployees responsible for monitoring the train- add the following (and conform the table of enactment of this Act, the Administrator of contents of the bill accordingly): ing programs have the necessary resources the Federal Aviation Administration shall and knowledge. report to Congress on whether, in light of the SEC. 525. INTERMODAL PLANNING. ‘‘(7) UPDATES.—The Under Secretary, in demands of business within Alaska, it would Section 47106(c)(1)(A) is amended— consultation with the Administrator, shall be appropriate to permit an aircraft to be op- (1) by striking ‘‘and’’ at the end of clause order air carriers to modify training pro- erated under part 91 of title 14, Code of Fed- (i); grams under this subsection to reflect new or eral Regulations, where common carriage is (2) by adding ‘‘and’’ at the end of clause different security threats. not involved but (1) the operator of the air- (ii); and ‘‘(b) ADVANCED SELF DEFENSE TRAINING.— craft organizes an entity where the only pur- (3) by adding at the end the following: ‘‘(1) IN GENERAL.—Not later than one year pose of such entity is to provide transpor- ‘‘(iii) with respect to an airport develop- after the date of enactment of the Flight tation by air of persons and property to re- ment project involving the location of an 100—Century of Aviation Reauthorization airport or runway or major runway exten- Act, the Under Secretary shall develop and lated business entities, individuals, and employees of such entities, and (2) the charge sion at a medium or large hub airport, the provide a voluntary training program for airport sponsor has made available to and flight and cabin crew members of air carriers for such transportation does not to exceed the cost of owning, operating, and maintain- has provided upon request to the metropoli- providing scheduled passenger air transpor- tan planning organization in the area in tation. ing the aircraft. Page 122, lines 21 and 22, strike ‘‘or which the airport is located, if any, a copy of ‘‘(2) PROGRAM ELEMENTS.—The training 47114(d)(3)(A)’’ and insert ‘‘, 47114(d)(3)(A), or the proposed amendment to the airport lay- program under this subsection shall include out plan to depict the project and a copy of both classroom and effective hands-on train- 47114(e)’’. Page 124, strike lines 6 through 14 and in- any airport master plan in which the project ing in the following elements of self-defense: sert the following: is described or depicted;’’. ‘‘(A) Deterring a passenger who might Section 47107(c)(2)(A)(iii) is amended by in- present a threat. SEC. 526. STATUS REVIEW OF MARSHALL IS- serting before the semicolon at the end the LANDS AIRPORT. ‘‘(B) Advanced control, striking, and re- following: ‘‘, including the purchase of non- Not later than 6 months after the date of straint techniques. residential buildings or property in the vi- enactment of this Act, the Secretary of ‘‘(C) Training to defend oneself against cinity of residential buildings or property Transportation shall review the status of the edged or contact weapons. previously purchased by the airport as part airport on the Marshall Islands and report to ‘‘(D) Methods to subdue and restrain an of a noise compatibility program’’. Congress on whether it is appropriate and attacker. Page 127, line 24, after ‘‘2002’’ insert ‘‘or necessary for that airport to receive grants ‘‘(E) Use of available items aboard the air- 2003’’. under the airport improvement program. craft for self-defense. Page 132, after line 8, insert the following The CHAIRMAN. Pursuant to House ‘‘(F) Appropriate and effective responses to (and redesignate subsequent subsections of defend oneself, including the use of force section 513 of the bill accordingly): Resolution 265, the gentleman from against an attacker. (a) PERIOD OF AVAILABILITY.—Section Florida (Mr. MICA) and a Member op- ‘‘(G) Explosive device recognition. 47117(b) is amended by striking ‘‘primary air- posed each will control 10 minutes. ‘‘(H) Any other element of training that port’’ and all that follows through ‘‘calendar The Chair recognizes the gentleman the Under Secretary considers appropriate. year’’ and inserting ‘‘nonhub airport or any from Florida (Mr. MICA). ‘‘(3) PARTICIPATION NOT REQUIRED.—A crew airport that is not a commercial service air- member shall not be required to participate Mr. MICA. Mr. Chairman, I yield my- port’’. self such time as I may consume. in the training program under this sub- Page 133, line 13, insert ‘‘(a) INCREASED Mr. Chairman, this manager’s section. FUNDING LEVELS.—’’ before ‘‘Subsections’’. ‘‘(4) COMPENSATION.—Neither the Federal Page 133, after line 15, insert the following: amendment makes some relatively Government nor an air carrier shall be re- (b) REIMBURSEMENT FOR CERTAIN CON- modest changes to the legislation be- quired to compensate a crew member for par- STRUCTION COSTS.—Section 47118(f) is amend- fore us. Most of the changes are tech- ticipating in the training program under this ed— nical in nature and address issues that subsection. (1) by striking ‘‘Not more than’’ and insert- were raised after the committee ap- ‘‘(5) FEES.—A crew member shall not be re- ing the following: proved the legislation in May. quired to pay a fee for the training program ‘‘(1) CONSTRUCTION.—Not more than’’; and under this subsection. (2) by adding at the end the following: One significant change is the provi- ‘‘(6) CONSULTATION.—In developing the ‘‘(2) REIMBURSEMENT.—Upon approval of sion relating to crew training, and I training program under this subsection, the the Secretary, the sponsor of a current or want to elaborate a bit on that. Our Under Secretary shall consult with law en- former military airport the Secretary des- current law provides and requires that forcement personnel and security experts ignates under this section may use an airlines provide hands-on self-defense who have expertise in self-defense training, amount apportioned under section 47114, or training to flight attendants to help terrorism experts, representatives of air car- made available under section 47119(b), to the them deal with a terrorist threat. riers, the director of self-defense training in airport for reimbursement of costs incurred The amendment that we have makes the Federal Air Marshals Service, flight at- by the airport in fiscal years 2003 and 2004 for tendants, labor organizations representing construction, improvement, or repair de- clear that this training is voluntary flight attendants, and educational institu- scribed in paragraph (1).’’. and that flight attendants who choose tions offering law enforcement training pro- Page 138, line 21, strike ‘‘10’’ and insert to take it will do so on their own time. grams. ‘‘12’’. The airlines will not be required to pay

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.041 H11PT1 H5230 CONGRESSIONAL RECORD — HOUSE June 11, 2003 them while they are taking this train- make their master plan available to manager’s amendment does include ing. The Transportation Security Ad- the metropolitan planning organiza- two very important provisions offered ministration, not the airlines, will be tion in the area where the airport is lo- by the gentleman from Oregon (Mr. providing the training. Both the flight cated. BLUMENAUER) to promote intermod- attendants and airlines have agreed to Finally, we have a provision direct- alism. this particular provision. ing DOT to report on whether it is ap- The first requires airports that un- The airlines will still have to provide propriate and necessary for the airport dertake major construction projects to other nonphysical security training for in the Marshall Islands to receive share their planes with MPOs, and the flight attendants. Airlines provide that grants under the Airport Improvement second requires the FAA to clarify, training now, and under this bill they Program. consolidate, and publish its current could continue to provide the same Mr. Chairman, this is a good, bipar- policy for PFC for ground transpor- training. tisan amendment. We have taken into tation projects that provide access to The amendment requires TSA to set consideration concerns and requests airports. These are long-standing minimum standards for flight attend- from many Members, and I believe that issues that we attempted to deal with ant training, but deletes the provision this manager’s amendment improves going back to the beginning of the PFC in current law requiring the Transpor- on an already good piece of legislation. era in 1990, and this a very important tation Security Administration to set I urge my colleagues to support it. clarification. the minimum number of hours for this Mr. Chairman, I reserve the balance Just to expand on the point raised by particular type of training. Rather, the of my time. the gentleman from Oregon (Mr. Transportation Security Administra- The CHAIRMAN. Does any Member DEFAZIO), the flight attendants self-de- tion should set proficiency standards seek recognition in opposition to the fense training provision will require and leave it to the airlines as to how amendment? carriers to provide all flight attendants many hours of training it will take to Mr. DEFAZIO. Mr. Chairman, I rise with the basic security training pro- reach that level of proficiency. to claim the time in opposition, despite gram, and those who opt for more ad- In addition to the crew training pro- the fact I do not oppose the amend- vanced training to do so under the aus- vision, this amendment makes a num- ment. pices of the TSA. ber of improvements to the bill. These The CHAIRMAN. Without objection, There is a very interesting provision improvements include the following: the gentleman from Oregon is recog- borrowed from our experience in the First, allowing the Department of nized. Federal Aid to Highway program that Transportation to request information There was no objection. allows AIP funds to pay interest on from the Department of Homeland Se- Mr. DEFAZIO. Mr. Chairman, I yield debt incurred for AIP-eligible projects. curity in preparing its monthly report myself such time as I may consume. We will expand under this manager’s on passenger complaints about screen- Mr. Chairman, the Chair of the Sub- amendment that provision from select ing. committee on Aviation has done good small airports to a very limited num- Next, directing the FAA to publish work with this. A number of Members ber of larger airports. I think that is its policy on the use of passenger facil- have come forward since the bill was fi- indeed a very good measure that will ity charge revenue for ground access nalized in committee and raised con- accelerate development of airport ca- projects. cerns which have merit, as have other pacity where we urgently need it. Allowing 76-seat regional jets to concerns been raised by outside groups, Mr. Chairman, I appreciate the will- qualify for the commuter aircraft slots for instance, the flight attendants and ingness of the gentleman to work with for Reagan National Airport. others. us to include those provisions. Additionally, allowing DOT to in- So we have here a clarification on Mr. DEFAZIO. Mr. Chairman, I en- crease the subsidy to a commuter serv- the training of the flight attendants, thusiastically support the manager’s ing a small community if that com- which we mandated earlier, the secu- amendment, and I yield back the bal- muter is experiencing significantly in- rity legislation. We have here language ance of my time. Mr. MICA. Mr. Chairman, I yield my- creased costs. that would require at least some minimal cooperation and coordination with self such time as I may consume. Another provision is allowing an air- Mr. Chairman, again I urge passage the metropolitan planning organiza- line to begin service to a small commu- of the manager’s amendment. I think tions, making certain that they are in- nity that previously had subsidized es- we have attempted our level best to ac- formed of plans and future plans of air- sential air service without being sub- commodate a number of requests from ports that might have impact on com- ject to the many regulatory require- Members, particularly since the legis- munities greater than that which cur- ments of the Essential Air Service pro- lation was passed out of committee. I rently exist. gram. think the best amendments with the An additional provision is revising To get some clarification, a number best possible language and com- the provision requiring aircraft manu- of concerns have been raised regarding promises that could be worked out facturers to make maintenance manu- passenger facility charges and the have been incorporated into this man- als available to aircraft repair stations standards which are being applied by ager’s amendment. We still will work in order to accommodate concerns ex- the FAA, and it certainly would be of with others as the legislation moves pressed by the manufacturers. great benefit to consolidate and pub- forward with conference. Also we have a provision directing lish those requirements so that meri- Again, I urge the adoption of this GAO to study how airlines were com- torious projects across the United comprehensive manager’s amendment pensated after 9–11, especially whether States can move forward to better en- that is also a bipartisan piece of work. they should be compensated for the de- hance the utilization of our airports Mr. Chairman, I yield back the bal- valuation of their aircraft. and their capacity. ance of my time. A further provision directs FAA to Then there was the 76–C regional jet Mr. DEFAZIO. Mr. Chairman, if I study whether certain aircraft oper- provision for National Airport, again could, I ask unanimous consent to re- ations in Alaska can be performed something raised later on; fairly tech- claim a portion of my time. under part 91 of FAA rules. nical, but actually quite practical and The CHAIRMAN. Is there objection An additional provision allows cur- meritorious. to the request of the gentleman from rent or former military airports des- Mr. Chairman, I yield such time as he Oregon? ignated by FAA to use AIP money for may consume to the gentleman from There was no objection. the reimbursement of a hangar. Minnesota (Mr. OBERSTAR). Mr. DEFAZIO. Mr. Chairman, I yield Another provision allows up to 12 Mr. OBERSTAR. Mr. Chairman, I such time as he may consume to the large airports to use AIP money for in- thank the gentleman for yielding me gentleman from Maryland (Mr. HOYER). terest payments on debts. Small air- time. Mr. HOYER. Mr. Chairman, I thank ports can already do this. Mr. Chairman, I concur in the re- the gentleman from Oregon and thank Another provision requires large air- marks of the ranking member of the the chairman. I want to thank the gen- ports seeking to build a runway to subcommittee. I would add that the tleman from Florida (Mr. MICA), the

VerDate Jan 31 2003 01:44 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.073 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5231 gentleman from Minnesota (Mr. OBER- Lee Schiek, manager of the College Park Mr. Chairman, I think I have an STAR), and the gentleman from Oregon Airport, reported earlier this year that flights in amendment, and this is the way to (Mr. DEFAZIO) for a provision in this and out of College Park plummeted from start off, that I think the entire House bill which I think is very important. about 1,800 per month before September 11 can support. The entire region supports I represent three general aviation to 164 per month at the beginning of 2003, this amendment on a bipartisan basis. airports that are within the 15-mile ra- and 55 of the airport’s 87 based aircraft have I think Members are going to be hear- dius of the White House. As a result, left for other airports. ing from the gentlemen from Virginia, they were shut down. They were not There is no doubt that we must stem this Mr. WOLF and Mr. DAVIS, who had shut down because they were not oper- tide of economic decline for general aviation. wanted to speak to it. ating safely and fairly; they were shut This industry is a proven, integral part of the It is noncontroversial because I think down because it was the perception and nation’s economy, providing vital services and Members do not want to put any air- the belief of those in charge of our na- economic stability to individuals, families, port authority at a disadvantage. Sec- tional security that they posed a risk. churches, hospitals, colleges, industry, small tion 49–108 requires only the Metropoli- Obviously, they are all owned pri- businesses, and communities. Aviation trans- tan Washington Airport Authority to vately. They are not public airports. As portation in Maryland is a $1.3 billion industry, come back to Congress before receiving a result, there was a very substantial an industry too large and too important to be airport improvement funds and facility adverse financial impact to many peo- hobbled any further in an already weak econ- fees. These are always guaranteed, ple, both who own the airports and who omy. once appropriated. had concessions at the airports. Today, the House of Representatives Many know that Dulles has a $2.4 bil- There is authorized in this bill $100 passed the FAA reauthorization bill that will lion construction project underway million for the purpose of, both at Na- provide $100 million to general aviation to help now as we go in and out. This provision tional and other surrounding airports, alleviate the cost incurred in meeting security to come back to Congress in September not only here but throughout the coun- requirements and the revenue lost because of of 2004 puts at risk the funds to con- try, those who suffered damage as a re- the interruption in operations. tinue with that operation. sult of 9–11 in a very real financial The $100 million grant gives the Congress The airport authority has an excel- sense, for them to be not made whole, an opportunity to do for general aviation, small lent bond rating and saves millions of because that would be impossible at airports, and small business, and the inde- dollars because of its bond rating, but this point in time, but to be com- pendent pilot what we did for the airlines, the bond markets could read the pensated for the losses they sustained. large airports, and the insurance industry in unique treatment of this region nega- I want to thank the gentleman from the aftermath of the terrorist attacks. This tively to mean that there is a risk of Oregon (Mr. DEFAZIO), the gentleman shows that we recognize the sacrifice that interruption of construction in from Florida (Mr. MICA), and the gen- general aviation has made in the effort to progress. In fact, there has been before, tleman from Minnesota (Mr. OBERSTAR) make us more secure. Let’s not forget: the although not for this reason. For other for their leadership, the gentleman Federal Government imposed the restrictions reasons there has been such a risk. from Oregon (Mr. DEFAZIO) in getting on general aviation, and the Federal Govern- The reason that risk would be seen is this authorization effected. I appre- ment should do its part to help ease the finan- because Congress forces this airport ciate it. I know they appreciate it. It is cial burden those restrictions have caused. authority in this region to return and the right thing to do. This is a fair restitution that will start the proc- have authorized what other airports I talked to Sean O’Keefe, of course, ess of a return to financial health of general get as a guaranteed matter. who now heads NASA, but was deputy aviation. director of OMB at the time of 9–11. He All agree that the Washington air- said he thought we ought to do this. It b 1515 port authority has done an outstanding job of operating and improving our air- has taken us some time to get it done. Mr. DEFAZIO. Mr. Chairman, I have I appreciate the leadership shown by no further requests for time, and I ports. There will be multiple opportu- the committee to effect this. I enthu- yield back the balance of my time. nities for Congress to have oversight siastically support the bill and this The CHAIRMAN. All time has ex- over the Metropolitan Washington Air- provision. pired. port Authority because we own the In the aftermath of the September 11 ter- The question is on the amendment land, and therefore, at will, Congress rorist attacks, the Federal Aviation Administra- offered by the gentleman from Florida can call back the airport authority. We are in this FAA reauthorization tion issued temporary flight restrictions on the (Mr. MICA). small aircraft of general aviation as part of its The amendment was agreed to. bill, and we will be here, therefore, effort to make commercial air travel safer and The CHAIRMAN. It is now in order to every few years. This is a win-win. By to restore the public’s confidence in the secu- consider amendment No. 2 printed in voting for my amendment Congress rity of our Nation’s airways and airports. part B of House Report 108–146. gets its oversight, and there is no interruption of work in progress at Unfortunately, while those restrictions were AMENDMENT NO. 2 OFFERED BY MS. NORTON lifted for general aviation in the rest of the Dulles because of doubts planted by Ms. NORTON. Mr. Chairman, I offer section 49–108 about congressional in- country, small airports in the Washington met- amendment No. 2. ropolitan area have continued to languish tention to release funds guaranteed to The CHAIRMAN. The Clerk will des- other jurisdictions. under binding restrictions on their operations. ignate the amendment. I ask that my amendment be passed. In fact, the only airports in the country that are The text of the amendment is as fol- Mr. Chairman, I reserve the balance closed to incoming and outgoing general avia- lows: tion are Reagan National and the three D.C. of my time. Amendment No. 2 offered by Ms. NORTON: Mr. MICA. Mr. Chairman, I claim area general aviation airports. As a result, Page 73, after line 11, insert the following: time in opposition to the amendment. these small airports, specifically College Park (g) REMOVAL OF CERTAIN LIMITATIONS ON Airport, Potomac Airfield, and Washington Ex- METROPOLITAN WASHINGTON AIRPORTS AU- The CHAIRMAN. The gentleman ecutive, are on the brink of financial ruin. THORITY.—Section 49108 and the item relat- from Florida (Mr. MICA) is recognized These airports have been forced to nearly ing to such section in the analysis of chapter in opposition. cease their operations, effectively, endan- 491 are repealed. Mr. MICA. Mr. Chairman, I yield my- gering the livelihood of their employees who The CHAIRMAN. Pursuant to House self such time as I may consume. have lost income and jobs and airport owners Resolution 265, the gentlewoman from Mr. Chairman, I do have some ques- who have lost income and jobs and airport the District of Columbia (Ms. NORTON) tions about this amendment. I think owners who have lost long-time customers and a Member opposed each will con- we are going to probably acquiesce to and revenue. In speaking with airport man- trol 5 minutes. the amendment, but Ronald Reagan agers at all three of these airports, I have The Chair recognizes the gentle- National Airport and Dulles Inter- heard their disturbing reports on loss of oper- woman from the District of Columbia national Airport are unique airports. ations, reductions in fuel sales, and loss of (Ms. NORTON). They are the only federally owned com- revenue since these flight restrictions were put Ms. NORTON. Mr. Chairman, I yield mercial passenger airports in the coun- in place. myself such time as I may consume. try. They were federally chartered and

VerDate Jan 31 2003 04:38 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.075 H11PT1 H5232 CONGRESSIONAL RECORD — HOUSE June 11, 2003 are not subject to the oversight, as I ment program at both airports has totaled well tion (FAA). When the airports were transferred understand it, of the Governor of Vir- over $3 billion. Reagan National Airport was to a regional authority in 1986, there were ginia. modernized in 1997 with a new terminal build- concerns that the regional authority would be This amendment gives the Secretary ing including major improvements to airport unduly influenced by local interests, and not of Transportation permanent authority traffic management and Metro system connec- carry out federal objectives for the airports to provide grants to the Washington tions. serving our Nation’s Capital. To ensure that Metropolitan Airport Authority. By At Dulles, there are new concourses and Federal concerns were considered, the 1986 doing so, it removes in some ways, the airport’s first parking garages, and under legislation established Federal oversight over Congress’ responsibility and ability to way is a $3.2 billion capital improvement MWAA’s activities, including Federal represen- make periodic reviews of the airport project. In tandem with the airport’s growth, tation on its Board of Directors, special re- authority’s operations. the Smithsonian Institution will open its new quirements in MWAA’s lease agreement with This is a unique situation. We owe it Air and Space Museum annex later this year the Department of Transportation, and require- to our Nation’s taxpayers to fulfill our located at Dulles Airport. ments for audits of MWAA by the General Ac- oversight responsibilities, and some- These airports have proven they are quality counting Office (GAO). times Congress needs to be reminded facilities serving not only the people in the In 1996, Congress further strengthened its legislatively to do so. This amendment Washington area, but air travelers across the oversight by requiring that new legislation will change that dramatically. Nation and around the world. would have to be passed for MWAA to be I have great reservations about this There is simply no reason for the airports to elible for AIP grants or PFCs, after October 1, amendment, and I urge my colleagues be called to Congress to prove their worthi- 2001. The FAA reauthorization act of 2000, to look at this amendment. ness. What other airports in the country have known as AIR–21, continued MWAA’s eligi- Mr. Chairman, I yield 11⁄2 minutes to to make such a command performance? bility, but required new legislation for eligibility the gentleman from Virginia (Mr. None. Zero. after October 1, 2004. These provisions are Congress got out of the airports business in WOLF), who has an opposing opinion. unique to MWAA; no other airports operator 1987. It’s time to stop micro-managing Mr. WOLF. Mr. Chairman, I thank has such restrictions on its eligibility for fund- Reagan National and Dulles. the gentleman for yielding time to me. ing. Mr. Chairman, I rise in strong sup- I also want to say how disappointed I am It is my understanding that although MWAA port of the Norton amendment. I would that Mr. MORAN was foreclosed by the rule enjoys an excellent bond rating, the fact that ask all Members to support it. from offering his amendment on the slots they must continually come to Congress to re- This airport authority, I was in- issue at Reagan National. ceive grant monies or charge a PFC has volved, as was the gentleman from A delicate balance exists between flight op- caused concerns in the bond community. Con- Minnesota (Mr. OBERSTAR), Mr. Mineta, erations at Dulles and Reagan. Increased take tinuing to place MWAA’s funds in a different and a number of us, the gentlemen offs and landings at Reagan National and status from those of other airports could nega- from Virginia, Mr. MORAN and Mr. more flights beyond the 1,250-mile perimeter tively affect its current high bond rating, result- DAVIS, in putting this together. They hurt Dulles, where longer haul flights originate. ing in higher interest charges, and possibly have done an outstanding job. Those Those flight changes also mean coping with higher rents and fees at the airports. airports were in the 19th century when more noise for citizens living in the Wash- I believe that MWAA has done an out- they took it over. Dulles has expanded ington area. standing job in developing National and Dulles and has first-class service. If we look at I would urge my colleagues to respect the Airports, carrying out the objectives of the National Airport now with the parking local airports authority, which has proven it 1986 legislation. We no longer need to treat and everything else, they have really can successfully operate the Washington area MWAA differently than all other airport authori- done a great job. airports, and support the Norton amendment. I would urge the House to respect the Just as you would not want Congress dic- ties. The Federal directors on MWAA’s Board, local airports authority, which has tating how to run your local airport, I would this Committee’s continuing oversight, and proven I think, without doubt, it can ask you to let the Metropolitan Washington GAO audits will ensure that Federal interest in successfully operate both of these air- Airports Authority do its job in operating the airports continue to be respected. ports. I would urge them to support the Reagan National and Dulles without congres- I urge my colleagues to support this amend- Norton amendment. I would say if sional interference. ment. Mr. MICA. Mr. Chairman, I reserve Members bring this back to their own Ms. NORTON. Mr. Chairman, I yield 2 the balance of my time. minutes to the gentleman from Vir- hometown, just as they would not want Ms. NORTON. Mr. Chairman, I yield Congress dictating how to run Mem- ginia (Mr. MORAN). myself such time as I may consume. Mr. MORAN of Virginia. Mr. Chair- bers’ local airports, we really do not I particularly appreciate the support want the Congress to tell them how to man, I thank my friend and colleague, of the gentleman from Virginia (Mr. the gentlewoman from the District of run it because they have done an out- WOLF). He is the transportation expert standing job. Columbia (Ms. NORTON), and the rankin this region, and he is, I think, the ing member, the gentleman from Min- With that, I would urge that Mem- acknowledged transportation expert in bers support the Norton amendment. I nesota (Mr. OBERSTAR), for supporting this House. this amendment. strongly support it. I appreciate the ef- Mr. Chairman, I yield such time as he forts of the gentleman from Virginia may consume to the gentleman from The reason why the gentlewoman and I offered this amendment is that we (Mr. DAVIS) with regard to that. Minnesota (Mr. OBERSTAR). Mr. Chairman, I rise today in strong support (Mr. OBERSTAR asked and was given really have an unfair provision here of the Norton amendment which would repeal permission to revise and extend his re- that, as the gentlewoman from the Dis- the requirement that the Metropolitan Wash- marks.) trict of Columbia (Ms. NORTON) said, ington Airports Authority (MWAA) must come Mr. OBERSTAR. Mr. Chairman, I rise does not apply to any other airport au- to Congress before September 30, 2004, to in support of the amendment. thority. It says that we cannot receive ensure that the local airports can continue to Mr. Chairman, I rise in support of the in the Washington area any new air- receive development project grants and im- amendment offered by the gentlewoman from port improvement grants or new pas- pose a passenger facility fee. the District of Columbia, Ms. ELEANOR HOLMES senger facility charges until we come I was part of the bipartisan coalition in 1987 NORTON, which would repeal a section of the back to the Congress. which successfully secured the passage of law that requires the Metropolitan Washington This is in violation, really, of a 1986 legislation signed by President Reagan which Airports Authority (MWAA) to obtain special agreement that then Mrs. DOLE, ELIZA- transferred both Reagan National and Dulles legislation to be eligible to receive airport BETH DOLE, who was Secretary of International from Federal control to the local project grants and to impose passenger facility Transportation, made with the Wash- airports authority. Because of that change to fees. No other airport is required to seek such ington region. The words said that the local control, both airports today are success congressional approval. While this procedure airport authority, the Metropolitan stories. may have been justified in the early days of Washington Airport Authority, will Passenger activity at National and Dulles MWAA, it has outlived its usefulness. have ‘‘full power and dominion over, Airports has nearly doubled to 31 million pas- Until 1986, the National and Dulles airports and complete discretion in, operation sengers in 2002. A massive capital develop- were run by the Federal Aviation Administra- and development of the Airports.’’

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.077 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5233 In return, Virginia, D.C., and Mary- have Federal approval of these. I think Mr. Chairman, I would first like to land agreed to accept operational con- this is not warranted in any way, compliment the chairman and the trol of the airports and raise the shape, or form. ranking member for, I think, putting money necessary to modernize them. I think the gentlewoman’s aim is ab- together an exceptional bill. I want to We fulfilled our part of the bargain. We solutely correct. I support it whole- thank them for working with us on this have two terrific airports. We funded heartedly. The 2.4 billion expansion amendment that we think will improve them and we operate them. All we are that is currently underway is jeopard- the bill. asking is that we be treated like every ized should this amendment go down, I am glad to be joined by the gen- other airport, and that we not have to or should we somehow kick in the au- tleman from New York (Mr. MCHUGH) come back and get this special author- thority that is sought that is now, and the gentleman from Pennsylvania ity to be able to continue doing what under the manager’s amendment, post- (Mr. SHUSTER) to offer an amendment we, under law, are doing and doing very poned to 2007; but should that kick in, that will remove the copayment for a well. that money would be at risk should number of the smallest airports who The expansion of slots is microman- there be any kind of congressional will be receiving essential air service, aging an airport by the Federal Gov- deadlock on Federal grants. That saving them from making a copay- ernment that really is in contradiction would be unusually detrimental. ment. to the agreement. Likewise, it is desig- Let us lift this restriction entirely. We understand the logic, but at the nating some of those slots to go beyond Congress can always step back in present time we all know that our air- the 1,250-mile perimeter rule. should there be a reason, but I think lines are in trouble. We have bailed National Airport was not built to ac- the gentlewoman’s amendment is re- them out with $18 billion trying to commodate transcontinental flights. It quired at this point. I urge its adop- keep them solvent. We know airports was built for short-haul flights to serve tion. are struggling. We know the commuter midsized cities. Ultimately, this is Mr. MICA. Mr. Chairman, I yield my- services are struggling even more be- going to harm those midsized cities up self the balance of my time. cause a lot of the commuter services and down the east coast, basically east Mr. Chairman, we have heard from got no portion of that bailout. We of the Mississippi River. It is going to some outstanding Members of Congress know that small commuter airports hurt their economy. It also jeopardizes who represent the greater Washington are fighting for their economic lives, the economy, the economic viability, area and the Northern Virginia area. and often in communities that are of Dulles Airport, which was built to They have been strong advocates for fighting for their economic lives. Just for example, the Venango Re- handle transcontinental flights. Ronald Reagan National Airport. They If we start sending those flights to have done a great job in looking after gional Airport is trying to raise $6,000 National, even though it is more con- that national asset. to market the services there and im- venient to get to National, it really It truly is unique. It is the only air- prove emplanements. If this amend- hurts Dulles. It is going to hurt the port, that and Dulles, that are owned ment was not accepted, they would be economy, not just for this region, but by the Federal Government. This is a paying $22,000 the first year, which I of the Nation. protection for the taxpayers, and it is think would be much better used mar- Ms. NORTON. Mr. Chairman, I yield good to have required periodic review keting, and on the fourth year would the balance of my time to the gen- and oversight. be paying $87,000. It is important that we pass this tleman from Virginia (Mr. DAVIS). I do have questions about the amend- Mr. MICA. Mr. Chairman, I yield 1 ment, but I do believe that they have amendment that allows these small re- minute to the gentleman from Virginia the support to pass the amendment, so gional airports to rebuild the services. Mr. Chairman, I yield such time as he (Mr. DAVIS). I express that concern. may consume to the gentleman from The CHAIRMAN. The gentleman Mr. Chairman, I yield back the bal- Pennsylvania (Mr. SHUSTER), who from Virginia (Mr. DAVIS) is recognized ance of my time. wants to help support this bill. for 11⁄2 minutes. The CHAIRMAN. The question is on Mr. DAVIS of Virginia. Mr. Chair- the amendment offered by the gentle- b 1530 man, I thank my friends for yielding woman from the District of Columbia Mr. SHUSTER. Mr. Chairman, I time to me. (Ms. NORTON). thank the gentleman for yielding me As my friends know, this is a very The amendment was agreed to. time. important economic issue to those in The CHAIRMAN. It is now in order to I also want to congratulate the gen- Washington, Virginia, and the entire consider amendment No. 3 printed in tleman from Alaska (Mr. YOUNG) and metropolitan area as well. We are the part B of House Report 108–146. the gentleman from Florida (Mr. MICA) only airport in the country that faces AMENDMENT NO. 3 OFFERED BY MR. PETERSON and the ranking member, the gen- these restrictions over their money. OF PENNSYLVANIA tleman from Minnesota (Mr. OBER- If we want to continue the multibil- Mr. PETERSON of Pennsylvania. Mr. STAR), and the gentleman from Oregon lion-dollar redevelopment efforts at Chairman, I offer amendment No. 3. (Mr. DEFAZIO) for what I consider an Dulles Airport, these are the kinds of The CHAIRMAN. The Clerk will des- excellent bill. restrictions that can knock that out ignate the amendment. As my colleagues said, I think this the window. That hurts flights coming The text of the amendment is as fol- amendment will improve the bill. The into the Washington area. It does not lows: intent of our amendment is to strike help them at all. However well-inten- Amendment No. 3 offered by Mr. PETERSON the language that imposes cost sharing tioned this is with trying to keep con- of Pennsylvania: of EAS funds on a select few small gressional oversight, it can actually Page 75, strike line 12 and all that follows communities, rural community air- through line 18 on page 76. have a detrimental effect on this. Page 76, line 19, strike ‘‘(3)’’ and insert ports. Congress has been reluctant to exer- ‘‘(2)’’. These communities today are strug- cise that oversight. We would not have Page 81, line 13, strike the following: gling to meet their current financial had the new terminal at Reagan Na- ‘‘(1) ELIGIBLE PLACES.— situations brought about by a sluggish tional or at Dulles, had the Federal Page 81, strike lines 18 through 22. economy and an increased cost on Government remained in charge of The CHAIRMAN. Pursuant to House homeland security. These air links for this. We have done this through some Resolution 265, the gentleman from these communities are vital, vital for grants from the government, but Pennsylvania (Mr. PETERSON) and a economic development, especially in through a lot of local taxes as well. Member opposed each will control 5 rural America from which I hail. That has improved air service to this minutes. Some would say that there are sig- region. The Chair recognizes the gentleman nificant costs savings; but if you look We also play a very dangerous game from Pennsylvania (Mr. PETERSON). at this relative to the overall bill, we with the economic balance between the Mr. PETERSON of Pennsylvania. Mr. have a $59 billion bill over 4 years, and different airlines that have paid for Chairman, I yield myself such time as this language would only save $7.5 mil- slots when we start holding this up to I may consume. lion. Here in Washington that is small

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.080 H11PT1 H5234 CONGRESSIONAL RECORD — HOUSE June 11, 2003 change; but in rural America that is (Mr. MCHUGH asked and was given As many of you are experiencing in your significant, significant to these small permission to revise and extend his re- own States, budget deficits are running ramp- and rural communities. marks.) ant and New York is no different; our counties So I would like to thank the gen- Mr. MCHUGH. Mr. Chairman, I thank and localities are suffering no less. I fear it will tleman from Alaska (Mr. YOUNG); the the gentleman for yielding me time. be an insurmountable burden for cash- gentleman from Florida (Mr. MICA); the I want to thank my two colleagues strapped local governments already coping ranking member, the gentleman from and neighbors from the great State of with property tax hikes in the 20–30 percent Minnesota (Mr. OBERSTAR); and the Pennsylvania to the south for their range. It is simply asking too much. This pro- gentleman from Oregon (Mr. DEFAZIO) hard work and leadership. It has been a gram is vitally important to our economy in for accepting this amendment and sup- pleasure to work with them. rural America and I believe it is particularly importing it. Once again, I congratulate I want to echo their statements in portant to continue fighting to see that it is them on a tremendous bill, a strong support of the subcommittee chairman, fully funded. bill that is going to help all of Amer- the gentleman from Florida (Mr. MICA), I have at least one community in the District ica. and the gentleman from Alaska (Mr. I represent that is impacted by the cost-shar- Mr. MICA. Mr. Chairman, I rise in op- YOUNG) and the ranking member and ing provisions of this bill. Relying solely on position. other distinguished members. I think mileage figures can be greatly misleading in The CHAIRMAN. The gentleman they have made this particular provi- determining the true distance and actual time from Florida is recognized for 5 min- sion far better than the administra- when speaking about an area like Northern utes in opposition to the amendment. tion’s original proposal. New York. Oftentimes snow can be found on Mr. MICA. Mr. Chairman, I yield my- I am very sensitive and cognizant of the ground 8 months out of the year and the self such time as I may consume. the concerns that we just heard the interstate highway that connects this EAS Mr. Chairman, again, I have some subcommittee chairman voice. And community and the small hub is all too fre- reservations and I think I have the re- clearly before we take the next step, quently closed on a moment’s notice due to sponsibility as Chair of the sub- we want to make sure we understand service weather. committee to raise those reservations the full ramifications of what we are While the suggested purpose of the cost- about the amendment. doing. sharing provisions is to reduce the cost of the It is being put forth by three out- Let me state a couple of things. First overall program, I question whether that will standing Members with very good in- of all, I think there are few times in truly be the ultimate result. In my State, three tentions. They represent rural airports this Nation’s history when this kind of of my EAS communities are served by one and are concerned about service and initiative would be more inappropriate. contract with one airline—a triple hit, if you the contribution. Let me say, though, Following September 11 the airline will. The airline is paid on sum of money for that this program goes back to 1970, transportation industry was particu- serving three communities. If one of these late 1970s when we deregulated the air- larly challenged, and those in rural communities is required to cost share, and is lines; and each year subsequently some communities are especially under fis- unable to do so, it will be knocked out of the of these communities have gotten this cal duress, 20 to 30 percent property tax program. What, then, happens to the subsidy subsidization of service and some increases in the making as we speak. determination of the other communities. The should use it, maybe some should not. Any added burden at this time, I think, community no longer eligible has the highest The nature of the aviation industry would be particularly difficult to ac- enplanements of the three and, theoretically, has changed dramatically, and service commodate. the lower costs. Will the airline then require has changed dramatically around the The second is the question that the higher subsidies from the Federal Government country. And we are looking for ways subcommittee chairman raised with re- to serve the two remaining communities? If so, to enhance that service, particularly to spect to accrued savings. In my district the objective of saving Federal money won’t the small community. And you can I think we have a perfect example of be realized. find no stronger advocate than me in where we have three communities that I understand some believe that communities that regard. are partnered together in a single need to have this type of vested financial in- The administration had proposed a 25 package. If this 10 percent cost share terest in the program so they will encourage percent match; and as a compromise, were to prevail, the one community usage of the service. I believe this, too, is an we lowered that to some 10 percent. We that is the most efficient, the most ef- inaccurate representation. Rural EAS commu- also have a provision in here for a fective, and has most to it would be af- nities all across America already have a sig- waiver for hardship cases. We do be- fected by that 10 percent and would nificant vested financial interest—through sub- lieve that some review is necessary and likely withdraw and the end percent, I sidization of their airport operations, capital in- that there should not be an automatic would respectfully suggest, would actu- vestments, etc. disbursement from Washington with- ally be a greater outlay in subsidy by It is true the cost-sharing provisions are not out some equal match. And also I the Federal Government rather than a requirement and there is a waiver provision. might add for the record that we have savings. But be assured the Department of Transpor- increased the authorization from some So I think the subcommittee chair- tation will make every effort to implement it. $65 million to $115 million. So I have man is right. We wanted to understand Otherwise, why make it an option? concern about this. the full ramifications of this; and as we In closing, Mr. Chairman, let me say that I My concern also is that in the long attempt to do that to conference and appreciate the Transportation Committee’s run we will have less money. We may beyond, certainly, this is a very appro- commitment to the increase in the authorized have appropriators who may just take priate amendment. I thank the chair- funding level contained and to provide for an a pen and slash through the program, man and the subcommittee chairman optional program that would allow interested and we can possibly see harm done to a and the ranking member for agreeing communities to devise alternative transpor- program that we all want to assist. So to it. tation service for their residents, if they will- it is a good program. Mr. CHAIRMAN, It is imperative that the ingly choose to do so. I have concern about the amendment. House approve the amendment we offer here That having been said, we must not cut off I think that we are going to let this today. The cost-sharing provisions in the bill communities like those in Northern New York amendment pass and then hopefully it put at risk the very foundation of the Essential that have come to depend on this service. But will be considered in conference. But I Air Service program. that is exactly what will happen if cost-sharing wanted to raise those points that I For those of us who have served in Con- is implemented. It is a slippery slope that I re- think are in the best interest of the es- gress for some time, it will be recalled that we spectively suggest we do not want to go sential air service for all of our smaller have fought this battle to preserve air service down. communities. to our rural communities many times. Each I strongly urge your support for, and pas- Mr. Chairman, I reserve the balance year, I join the fight to identify and enact fund- sage of, the Peterson-McHugh-Shuster of my time. ing to help maintain the program and, con- amendment to save the Essential Air Service Mr. PETERSON of Pennsylvania. Mr. sequently, maintain air service to four—soon program. The program is perhaps the singular Chairman, I yield 1 minute to the gen- to be five—subsidized communities in North- most important asset to the economy recovery tleman from New York (Mr. MCHUGH). ern New York. of our rural communities.

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.083 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5235 Mr. MICA. Mr. Chairman, how much been continued under attack since I Page 82, before line 11, insert the following: time do I have remaining? have been here. And I understand, but (g) MEASUREMENT OF HIGHWAY MILEAGE The CHAIRMAN pro tempore (Mr. I do not think there has ever been a FOR PURPOSES OF DETERMINING ELIGIBILITY SWEENEY). The gentleman from Florida time that we need to give the rural air- FOR ESSENTIAL AIR SERVICE SUBSIDIES.— (1) DETERMINATION OF ELIGIBILITY.—Sub- (Mr. MICA) has 21⁄2 minutes remaining. ports a chance to pull themselves up by chapter II of Chapter 417 of title 49, United The gentleman from Pennsylvania (Mr. their bootstraps, to reinvigorate the States Code, (as amended by subsection (f) of PETERSON) has 1 minute remaining. use of these airports, when the airports this bill) is further amended by adding at the Mr. MICA. Mr. Chairman, I yield my- were shut down literally because of the end the following new section: self such time as I may consume. parking requirements, they all lost ‘‘§ 41746. Distance requirement applicable to Mr. Chairman, I do have some con- their parking lots because it had to be eligibility for essential air service subsidies cerns. We are willing to work with so many hundred feet before you could ‘‘(a) IN GENERAL.—The Secretary shall not those who have offered this amendment park a car from an airport; these rural provide assistance under this subchapter today. We do not want to do harm airports were all shut down unless they with respect to a place in the 48 contiguous when we want to do good, particularly were parking in plowed fields. It caused States that— in providing essential air service to our damage that has not recovered yet. ‘‘(1) is less than 70 highway miles from the smaller communities. So with those We are hoping to get some marketing nearest hub airport; or concerns raised, this probably will ‘‘(2) requires a rate of subsidy per pas- money so we can get the service back senger in excess of $200, unless such place is pass, but I did want to state my con- there to these rural communities be- greater than 210 highway miles from the cern for the record. cause it is a vital part of economic de- nearest hub airport. Mr. Chairman, I yield 1 minute to the velopment and growth. And we know ‘‘(b) DETERMINATION OF MILEAGE.—For pur- gentleman from Minnesota (Mr. OBER- that most of the money went to the big poses of this section, the highway mileage STAR), the ranking member of the full airlines and did not trickle down to the between a place and the nearest hub airport committee. privates that served them. is the highway mileage of the most com- Mr. OBERSTAR. Mr. Chairman, I So we just are thankful that the gen- monly used route between the place and the thank the gentleman for yielding me hub airport. In identifying such route, the tleman is willing to work with us. We Secretary shall— time. might be willing to look at a partner- ‘‘(1) promulgate by regulation a standard We have worked with the chairman ship with the States if we can get the for calculating the mileage between an eligi- and the chairman of the full committee States to buy in to help a little bit ble place and a hub airport; and on this EAS program, and I talked with this program, but to put it on the ‘‘(2) identify the most commonly used about it in my remarks during general individual communities will not work. route for a community by— debate about how important it is for The CHAIRMAN pro tempore. The ‘‘(A) consulting with the Governor of a State or the Governor’s designee; and small communities, but I just want to gentleman from Florida (Mr. MICA) has make it clear that the committee real- ‘‘(B) considering the certification of the 1 minute remaining. Governor of a State or the Governor’s des- ly made significant effort here to pro- Mr. MICA. Mr. Chairman, I yield the ignee as to the most commonly used route.’’. tect EAS cities. And it should be noted balance of my time to the gentleman (b) CONFORMING AMENDMENT.—The analysis that we expanded the program, a 10 from Minnesota (Mr. OBERSTAR), the for subchapter II of chapter 417 of title 49, percent local share for cities that are ranking member. United States Code, (as amended by sub- less than 170 miles from a large or me- Mr. OBERSTAR. Mr. Chairman, I section (f) of this bill) is further amended by dium-hub airport or less than 75 miles would just take a moment to express inserting after the item relating to section from a small-hub airport. And out of my appreciation for the recognition by 41745 the following new item: concern that small communities might the gentleman from Pennsylvania (Mr. ‘‘41746. Distance requirement applicable to eligibility for essential air serv- PETERSON) that it has been the Com- not be able to pay that share, the ice subsidies.’’. chairman and the chairman of the full mittee on Appropriations that has been (h) REPEAL.—The following provisions of committee worked with us and the the obstacle on EAS. It has been the law are repealed: ranking member, the gentleman from Committee on Appropriations that has (1) Section 332 of the Department of Trans- Oregon (Mr. DEFAZIO), to include a time and again put legislative limita- portation and Related Agencies Appropria- hardship provision, to allow the Sec- tions on the use of EAS funds. tions Act, 2000 (49 U.S.C. 41731 note). retary to waive that local share if the Now, if we have an advocate over (2) Section 205 of the Wendell H. Ford Avia- community is unable to pay and can there in the Committee on Appropria- tion Investment and Reform Act for the 21st tions in the form of the gentleman Century (49 U.S.C. 41731 note). demonstrate that inability to pay. So (3) Section 334 of the Department of Trans- we did not ignore these needs. from Pennsylvania (Mr. PETERSON), portation and Related Agencies Appropria- We addressed them I think in a very maybe we can get all of this straight- tions Act, 1999 (section 101(g) of division A of appropriate and thoughtful fashion. I ened out and make sure that those dol- the Omnibus Consolidated and Emergency want that to be stated in concert with lars do flow. Because we can write the Supplemental Appropriations Act, 1999) the chairman who expressed those con- authorizations; but if the appropria- (Public Law 105–277; 112 Stat. 2681–471). cerns. And I think by increasing the tions do not flow or if there are further (i) SECRETARIAL REVIEW.— limitations on it, then all this good (1) REQUEST FOR REVIEW.—Any community funds we have made it a lot easier to with respect to which the Secretary has, be- get service to EAS airports. work we do in our committee is under- tween September 30, 1993, and the date of the The CHAIRMAN pro tempore. Both cut. enactment of this Act, eliminated subsidies Members have 1 minute remaining. Mr. MICA. Mr. Chairman, I yield or terminated subsidy eligibility under sec- The gentleman from Pennsylvania back the balance of my time. tion 332 of the Department of Transportation (Mr. PETERSON) is recognized. The CHAIRMAN pro tempore. The and Related Agencies Appropriations Act, Mr. PETERSON of Pennsylvania. Mr. question is on the amendment offered 2000 (49 U.S.C. 41731 note), Section 205 of the Chairman, I yield myself such time as by the gentleman from Pennsylvania Wendell H. Ford Aviation Investment and I may consume. (Mr. PETERSON). Reform Act for the 21st Century (49 U.S.C. Mr. Chairman, I again want to thank The amendment was agreed to. 41731 note), or any prior law of similar effect, The CHAIRMAN pro tempore. It is may request the Secretary to review such ac- the chairman and ranking member for tion. their support. I understand how they now in order to consider amendment (2) ELIGIBILITY DETERMINATION.—Not later were trying to protect this program. As No. 4 printed in part B of House Report than 60 days after receiving a request under an appropriator, I can assure the gen- 108–146. subsection (i), the Secretary shall— tleman that I will be working to solve AMENDMENT NO. 4 OFFERED BY MR. PITTS (A) determine whether the community that problem on the appropriations Mr. PITTS. Mr. Chairman, I offer an would have been subject to such elimination side. We have had our opponents. amendment. of subsidies or termination of eligibility I have never understood when we can The CHAIRMAN pro tempore. The under the distance requirement enacted by the amendment made by subsection (g) of spend $7.5 billion for mass transit and Clerk will designate the amendment. this bill to subchapter II of chapter 417 of not ask a question. We spend merely The text of the amendment is as fol- title 49, United States Code; and $100 million to provide rural air serv- lows: (B) issue a final order with respect to the ice, it is the one rural program, it has Amendment No. 4 offered by Mr. PITTS: eligibility of such community for essential

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.085 H11PT1 H5236 CONGRESSIONAL RECORD — HOUSE June 11, 2003 air service subsidies under subchapter II of seeks to inject predictability and com- happen to be a route that is not open in chapter 417 of title 49, United States Code, as mon sense into the process for deter- the wintertime or, even if it is open amended by this Act. mining EAS eligibility. It is narrowly some of the time in the wintertime, it The CHAIRMAN pro tempore. Pursu- tailored to improve the EAS eligibility is often impassable; that even in the ant to House Resolution 265, the gen- process without impeding on the Sec- best of times it is over a mountain tleman from Pennsylvania (Mr. PITTS) retary’s authority to determine eligi- range, even though it is the shortest and a Member opposed each will con- bility. I urge my colleagues to support distance. trol 5 minutes. this amendment. So I think common sense certainly The Chair recognizes the gentleman Mr. Chairman, I reserve the balance being applied as an antidote to bureau- from Pennsylvania (Mr. PITTS). of my time. cratic intransigence in this case is very Mr. PITTS. Mr. Chairman, I yield well merited, and I congratulate the myself such time as I may consume. b 1545 gentleman on his amendment. It is Mr. Chairman, the essential air serv- Mr. Chairman, I yield such time as he something I had missed in my perusal ice program is important for many may consume to the gentleman from of the bill, and many others I know small airports throughout the country. Alaska (Mr. YOUNG). would be concerned for this. We thank It helps smaller communities to con- Mr. YOUNG of Alaska. Mr. Chair- him for his vigilance and the amend- nect with larger cities and their airman, I thank the gentleman for yield- ment. ports and facilitates travel, tourism, ing me the time. Mr. Chairman, I yield such time as he and economic development. I think his amendment has merit, may consume to the gentleman from To be eligible to receive such assist- but I am going to talk about just the Minnesota (Mr. OBERSTAR). ance, the community where the airport bill itself for a few moments. I want to (Mr. OBERSTAR asked and was given is located must be greater than 70 thank again the gentleman from Or- permission to revise and extend his re- miles from the nearest large or me- egon (Mr. DEFAZIO) and the gentleman marks.) dium-hub airport according to the from Minnesota (Mr. OBERSTAR), espe- Mr. OBERSTAR. Mr. Chairman, I rise most commonly used highway route. cially my good chairman the gen- in support of the amendment. However, the Department of Transpor- tleman from Florida (Mr. MICA) for Mr. Chairman, I rise in support of the tation does not always use a consistent doing the work on what I think of as a amendment offered by the gentleman from standard in determining the most com- very good bill. Pennsylvania, Mr. PITTS, which would clarify monly used highway route, nor do they Air travel is coming back, as the gen- the measurement of highway mileage for pur- actually determine the most com- tleman from Minnesota (Mr. OBERSTAR) poses of determining essential air service monly used route. Sometimes they has mentioned before. It is important (EAS) eligibility. Under current law, communities are not eli- have use the most direct route, even if that we look at where we were before 9/ gible for the EAS subsidy if they are less than it means taking back roads. 11 and recognize that those challenges In my congressional district, this has are raising their heads again: the on- ‘‘70 highway miles’’ from the nearest large or medium hub airport. Congress first imposed led to the Lancaster Airport to lose its time provisions, the utilization of our this 70-mile standard in the FY1992 Transpor- eligibility for the EAS program. The airstrips, technology which is now tation Appropriations Act, and renewed it Department, using the most direct available which was not available be- every fiscal year until the FY2000 Appropria- route, determined Lancaster Airport to fore, before AIR 21 was there, and I tions Act, which made it a permanent restric- be 68.5 miles from the Philadelphia think we can use our airports more ef- tion. International Airport. However, the fectively. In AIR 21, Congress gave the Department route they chose would take the aver- It is our goal through this legislation discretionary authority ‘‘to provide assistance age driver more than 3 to 4 hours to and as the authorization for 4 years with respect to a place that is located within drive. It winds along the old Lincoln that we will see the time when we go 70 highway miles of a hub airport if the most Highway through dozens of small beyond those numbers that we had commonly used highway route between the towns. In fact, anybody from my dis- prior to 9/11. But nothing happens in place and the hub airport exceeds 70 miles.’’ trict knows that this is probably the this body without the cooperation from Nevertheless, despite its discretionary author- worst way to get to Philadelphia. one another. I think this is an example ity, the Department generally employs the The most commonly used highway of how committees should work to- ‘‘most direct route’’ standard. This issue has route, the one that locals know as the gether in a bipartisan effort to achieve created controversy and even litigation be- fastest, uses the Pennsylvania Turn- what is best for the Nation as a whole. tween local communities and the Department, pike or other highways; and this route This bill does that and I want to including litigation that involves Lancaster Air- may be 12 miles longer, but you can get compliment again both sides, and I am port in the gentleman’s district. to Philadelphia in half the time. Be- very, very confident this bill will pass The gentleman’s amendment would require cause the Department is using the overwhelmingly, and I thank every- the Department to use the ‘‘most commonly wrong route, Lancaster Airport’s only body that has been involved. used route standard’’ in measuring mileage for commercial air carrier ceased oper- The CHAIRMAN pro tempore (Mr. EAS eligibility. Additionally, the amendment ations at the airport on March 23 of SWEENEY). Does anyone rise to claim would require local input in determining the this year. time in opposition? ‘‘most commonly used highway route.’’ Specifi- The air carrier maintained that cur- Mr. DEFAZIO. Mr. Chairman, I rise cally, the amendment would require the Sec- rent market condition, fewer pas- to claim the time in opposition, al- retary of Transportation to consult with the sengers and high costs made it impos- though, I do not intend to speak in op- Governor of the State in which the airport is sible to continue without investment position. located as to the most commonly used high- from the EAS program. This issue af- The CHAIRMAN pro tempore. With- way route between that airport and the near- fects other small airports throughout out objection, the gentleman is recog- est hub airport. Further, the amendment re- the country and could affect more if nized for 5 minutes. quires the Secretary to promulgate by regula- this issue is not addressed. There was no objection. tion a consistent standard for calculating the My amendment addresses this prob- Mr. DEFAZIO. Mr. Chairman, I yield most commonly used route. lem by requiring the Secretary of myself such time as I may consume. It will bring into the EAS program deserving Transportation to define a consistent I actually rise in strong support of eligible communities that have otherwise been standard for determining the most the gentleman’s amendment. I rep- cut off arbitrarily by current law. This is a com- commonly used route. It also requires resent a State that has topography mon sense change. If we are to have a mile- the Secretary to consult with the Gov- which is foreign to many of the bureau- age standard for EAS it should be based on ernor of the State in which the airport crats inside the Washington, D.C. Belt- the miles people will actually drive, not a theo- in question is located or the Governor’s way, as do other Members from even retical route, which probably takes longer than designee as to the most commonly used more challenging terrain in Alaska and the actual route. The gentleman’s amendment highway route between that airport elsewhere, and it is hard for them to will make the law reflect reality. and the nearest large or medium-hub conceive that what looks on a map as For these reasons, I support the gentle- airport. Essentially, my amendment a pretty straightforward route might man’s amendment.

VerDate Jan 31 2003 04:38 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.067 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5237 Mr. DEFAZIO. Mr. Chairman, I yield thetically concur in the gentleman’s RECORDED VOTE 2 minutes to the gentlewoman from amendment. The CHAIRMAN pro tempore. A re- Florida (Ms. CORRINE BROWN). Mr. DEFAZIO. Mr. Chairman, I yield corded vote has been demanded. Ms. CORRINE BROWN of Florida. back the balance of my time. A recorded vote was ordered. Mr. Chairman, I would like to thank Mr. PITTS. Mr. Chairman, I want to The vote was taken by electronic de- the gentleman from Alaska (Mr. thank the gentleman from Iowa, the vice, and there were—ayes 426, noes 0, YOUNG) and the gentleman from Flor- gentleman from Oregon (Mr. DEFAZIO), not voting 8, as follows: ida (Mr. MICA), the gentleman from the ranking member and the chairman [Roll No. 262] Minnesota (Mr. OBERSTAR) and the gen- of the committee and the sub- AYES—426 tleman from Oregon (Mr. DEFAZIO), for committee for their support; and I their hard work in bringing this bill to yield the balance of the time to the Abercrombie Davis (FL) Hooley (OR) Ackerman Davis (IL) Hostettler the floor today and for working with gentleman from Florida (Mr. MICA). Aderholt Davis (TN) Houghton Members on and off the committee to Mr. MICA. Mr. Chairman, I just Akin Davis, Jo Ann Hoyer ensure a fair process that includes wanted to conclude both the debate on Alexander Davis, Tom Hulshof Members’ ideas. the amendment and more than likely Allen Deal (GA) Hunter Andrews DeFazio Hyde It is very fitting that we pass this the debate on this legislation. I thank Baca DeGette Inslee legislation in the same year that we everyone for their cooperation. This Bachus Delahunt Isakson are celebrating 100 years of providing truly does show how legislation can be Baird DeLauro Israel Baker DeLay Issa power flights. We had a good debate in drafted in a bipartisan manner, and it Baldwin DeMint Istook both the subcommittee and full com- shows too with the gentleman from Ballance Deutsch Jackson (IL) mittee, and I expect it to continue Pennsylvania’s (Mr. PITTS) amend- Ballenger Diaz-Balart, L. Jackson-Lee today and throughout the conference. ment, which I rise in support of, that Barrett (SC) Diaz-Balart, M. (TX) Bartlett (MD) Dicks Janklow Since 9/11 the Committee on Trans- all the good ideas just do not come Barton (TX) Dingell Jefferson portation and Infrastructure has been from the committee. Bass Doggett Jenkins focusing on improving the security of He has a good idea. It will improve Beauprez Dooley (CA) John this bill. It shows the majesty of the Becerra Doolittle Johnson (CT) our transportation infrastructure and Bell Doyle Johnson (IL) ensuring the safety of the traveling system our Founding Fathers created, Bereuter Dreier Johnson, E. B. public. This reauthorization bill goes a and this working today does dem- Berkley Duncan Johnson, Sam long way in accomplishing this goal onstrate good legislation. Berman Dunn Jones (NC) Berry Edwards Jones (OH) and fits well into the overall homeland I rise in support again of the Pitts Biggert Ehlers Kanjorski security plan we are developing. amendment and the bill, the under- Bilirakis Emanuel Kaptur The FAA has a very important job to lying measure. Bishop (GA) Emerson Keller do, and this bill provides additional Mr. PITTS. Mr. Chairman, I yield Bishop (NY) Engel Kelly Bishop (UT) English Kennedy (MN) funding and the direction that would back my time. Blackburn Etheridge Kennedy (RI) allow the FAA to improve the air The CHAIRMAN pro tempore. All Blumenauer Evans Kildee transportation system for passengers, time for debate has expired. Blunt Everett Kilpatrick The question is on the amendment Boehlert Farr Kind airports, airlines and many businesses Boehner Fattah King (IA) that rely on the aviation industry. offered by the gentleman from Penn- Bonilla Feeney King (NY) I encourage my colleagues to support sylvania (Mr. PITTS). Bonner Ferguson Kingston the bill and this amendment as we con- The question was taken; and the Bono Filner Kirk Chairman pro tempore announced that Boozman Flake Kleczka tinue on the road to improved safety Boswell Fletcher Kline and security for the traveling public. the ayes appeared to have it. Boucher Foley Knollenberg The CHAIRMAN pro tempore. The Mr. MICA. Mr. Speaker, I demand a Boyd Forbes Kolbe Chair would advise Members that the recorded vote. Bradley (NH) Ford Kucinich The CHAIRMAN pro tempore. Pursu- Brady (PA) Frank (MA) LaHood gentleman from Pennsylvania (Mr. Brady (TX) Franks (AZ) Lampson PITTS) has 11⁄2 minutes remaining and ant to clause 6 of rule XVIII, further Brown (OH) Frelinghuysen Langevin the gentleman from Oregon (Mr. proceedings on the amendment offered Brown (SC) Frost Lantos Brown, Corrine Gallegly Larsen (WA) 1 by the gentleman from Pennsylvania DEFAZIO) has 1 ⁄2 minutes remaining. Burgess Garrett (NJ) Larson (CT) Mr. PITTS. Mr. Chairman, I yield 1 will be postponed. Burns Gerlach Latham minute to the gentleman from Iowa SEQUENTIAL VOTES POSTPONED IN COMMITTEE Burr Gibbons LaTourette (Mr. LEACH). OF THE WHOLE Burton (IN) Gilchrest Leach Buyer Gillmor Lee Mr. LEACH. Mr. Chairman, I thank The CHAIRMAN pro tempore. Pursu- Calvert Gingrey Levin the gentleman for yielding me the ant to clause 6 of rule XVIII, pro- Camp Gonzalez Lewis (CA) time. ceedings will now resume on those Cannon Goode Lewis (GA) I want to thank him for bringing this amendments on which further pro- Cantor Goodlatte Lewis (KY) Capito Gordon Linder amendment. It is a very thoughtful ceedings were postponed in the fol- Capps Goss Lipinski amendment. It is a very small amend- lowing order: amendment No. 5 printed Capuano Granger LoBiondo ment. On the other hand, it relates to in part B offered by the gentleman Cardin Graves Lofgren Cardoza Green (TX) Lowey ANZULLO few airports in the country, and it re- from Illinois (Mr. M ), amend- Carson (IN) Green (WI) Lucas (KY) lates to techniques to bring rationale ment No. 4 printed in part B offered by Carson (OK) Greenwood Lucas (OK) indeed to how one devises standards. the gentleman from Pennsylvania (Mr. Carter Grijalva Lynch It happens to affect one airport in my PITTS). Case Gutierrez Majette Castle Gutknecht Maloney district in the town of Ottumwa; and The first electronic vote will be con- Chabot Hall Manzullo Ottumwa is a wonderful, small Amer- ducted as a 15-minute vote. The second Chocola Harman Markey ican community, and there are those of electronic vote will be conducted as a Clay Harris Marshall 5-minute vote. Clyburn Hart Matheson us that truly love this community and Coble Hastings (FL) McCarthy (MO) its airport which can be knocked out of AMENDMENT NO. 5 OFFERED BY MR. MANZULLO Cole Hastings (WA) McCarthy (NY) service with great ease. In fact, it The CHAIRMAN pro tempore. The Collins Hayes McCollum largely is today, based upon certain pending business is the demand for a Conyers Hayworth McCotter Cooper Hefley McCrery definitional issues. recorded vote on the amendment of- Costello Hensarling McDermott This helps to address those defini- fered by the gentleman from Illinois Cox Herger McGovern tional issues. It helps to bring ration- (Mr. MANZULLO) on which further pro- Cramer Hill McHugh Crane Hinchey McInnis ality to government programming, and ceedings were postponed and on which Crenshaw Hinojosa McIntyre it helps people in a very real way, and the ayes prevailed by voice vote. Crowley Hobson McKeon so I want to thank the gentleman from The Clerk will redesignate the Culberson Hoeffel McNulty Pennsylvania (Mr. PITTS) for his amendment. Cummings Hoekstra Meehan Cunningham Holden Meek (FL) thoughtful leadership, and I would The Clerk redesignated the amend- Davis (AL) Holt Meeks (NY) hope the committee would sympa- ment. Davis (CA) Honda Menendez

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.089 H11PT1 H5238 CONGRESSIONAL RECORD — HOUSE June 11, 2003

Mica Putnam Solis RECORDED VOTE McIntyre Pomeroy Smith (TX) Michaud Quinn Souder McKeon Porter Snyder Millender- Radanovich Stark The CHAIRMAN pro tempore. A re- McNulty Portman Solis McDonald Rahall Stearns corded vote has been demanded. Meehan Price (NC) Souder Miller (FL) Ramstad Stenholm A recorded vote was ordered. Meek (FL) Pryce (OH) Stark Miller (MI) Rangel Strickland Meeks (NY) Putnam Stearns Miller (NC) Regula Stupak The CHAIRMAN pro tempore. This Menendez Quinn Stenholm Miller, Gary Rehberg Sullivan will be a 5-minute vote. Mica Radanovich Strickland Miller, George Renzi Sweeney Michaud Rahall Stupak Mollohan Reyes Tancredo The vote was taken by electronic de- Millender- Ramstad Sullivan Moore Reynolds Tanner vice, and there were—ayes 422, noes 0, McDonald Rangel Sweeney Moran (KS) Rodriguez Tauscher not voting 12, as follows: Miller (FL) Regula Tancredo Moran (VA) Rogers (AL) Tauzin Miller (MI) Rehberg Tanner Murphy Rogers (KY) Taylor (MS) [Roll No. 263] Miller (NC) Renzi Tauscher Murtha Rogers (MI) Taylor (NC) AYES—422 Miller, Gary Reyes Tauzin Musgrave Rohrabacher Terry Miller, George Reynolds Taylor (MS) Myrick Ros-Lehtinen Thomas Abercrombie Cunningham Hoeffel Mollohan Rodriguez Taylor (NC) Nadler Ross Thompson (CA) Ackerman Davis (AL) Hoekstra Moore Rogers (AL) Terry Napolitano Rothman Thompson (MS) Aderholt Davis (CA) Holden Moran (KS) Rogers (KY) Thomas Neal (MA) Roybal-Allard Thornberry Akin Davis (FL) Holt Moran (VA) Rogers (MI) Thompson (CA) Nethercutt Royce Tiahrt Alexander Davis (IL) Honda Murphy Rohrabacher Thompson (MS) Neugebauer Ruppersberger Tiberi Allen Davis (TN) Hooley (OR) Murtha Ros-Lehtinen Thornberry Ney Rush Tierney Andrews Davis, Jo Ann Hostettler Musgrave Ross Tiahrt Northup Ryan (OH) Toomey Baca Davis, Tom Houghton Myrick Rothman Tiberi Norwood Ryan (WI) Towns Bachus Deal (GA) Hoyer Nadler Roybal-Allard Tierney Nunes Ryun (KS) Turner (OH) Baird DeFazio Hulshof Napolitano Royce Toomey Nussle Sabo Turner (TX) Baker DeGette Hunter Neal (MA) Ruppersberger Towns Oberstar Sanchez, Linda Udall (CO) Baldwin Delahunt Hyde Nethercutt Rush Turner (OH) Obey T. Udall (NM) Ballance DeLauro Inslee Neugebauer Ryan (OH) Turner (TX) Olver Sanchez, Loretta Upton Ballenger DeLay Isakson Ney Ryan (WI) Udall (CO) Ortiz Sanders Van Hollen Barrett (SC) DeMint Israel Northup Ryun (KS) Udall (NM) Osborne Sandlin Velazquez Bartlett (MD) Deutsch Istook Norwood Sabo Upton Ose Saxton Visclosky Barton (TX) Diaz-Balart, L. Jackson (IL) Nunes Sanchez, Linda Van Hollen Otter Schakowsky Vitter Bass Diaz-Balart, M. Jackson-Lee Nussle T. Velazquez Owens Schiff Walden (OR) Beauprez Dicks (TX) Oberstar Sanchez, Loretta Visclosky Oxley Schrock Walsh Becerra Dingell Janklow Obey Sanders Vitter Pallone Scott (GA) Wamp Bell Doggett Jefferson Olver Sandlin Walden (OR) Pascrell Scott (VA) Waters Bereuter Dooley (CA) Jenkins Ortiz Saxton Walsh Pastor Sensenbrenner Watson Berkley Doolittle John Osborne Schakowsky Wamp Paul Serrano Watt Berman Doyle Johnson (CT) Ose Schiff Waters Payne Sessions Waxman Berry Dreier Johnson (IL) Otter Schrock Watson Pearce Shadegg Weiner Biggert Duncan Johnson, E. B. Owens Scott (GA) Watt Pelosi Shaw Weldon (FL) Bilirakis Dunn Johnson, Sam Oxley Scott (VA) Waxman Pence Shays Weldon (PA) Bishop (GA) Ehlers Jones (NC) Pallone Sensenbrenner Weiner Peterson (MN) Sherman Weller Bishop (NY) Emanuel Jones (OH) Pascrell Serrano Weldon (FL) Peterson (PA) Sherwood Wexler Bishop (UT) Emerson Kanjorski Pastor Sessions Weldon (PA) Petri Shimkus Whitfield Blackburn Engel Kaptur Paul Shadegg Weller Pickering Shuster Wicker Blumenauer English Keller Payne Shaw Wexler Pitts Simmons Wilson (NM) Blunt Etheridge Kelly Pearce Shays Whitfield Platts Simpson Wilson (SC) Boehlert Evans Kennedy (MN) Pelosi Sherman Wicker Pombo Skelton Wolf Bonilla Everett Kennedy (RI) Pence Sherwood Wilson (NM) Pomeroy Slaughter Woolsey Bonner Farr Kildee Peterson (MN) Shimkus Wilson (SC) Porter Smith (MI) Wu Bono Fattah Kilpatrick Peterson (PA) Shuster Wolf Portman Smith (NJ) Wynn Boozman Feeney Kind Petri Simmons Woolsey Price (NC) Smith (TX) Young (AK) Boswell Ferguson King (IA) Pickering Simpson Wu Pryce (OH) Snyder Young (FL) Boucher Filner King (NY) Pitts Skelton Wynn Boyd Flake Kingston Platts Slaughter Young (AK) NOT VOTING—8 Bradley (NH) Fletcher Kirk Pombo Smith (MI) Young (FL) Brown-Waite, Eshoo Matsui Brady (PA) Foley Kleczka Ginny Fossella Smith (WA) Brady (TX) Forbes Kline NOT VOTING—12 Cubin Gephardt Spratt Brown (OH) Ford Knollenberg Boehner Eshoo Matsui Brown (SC) Frank (MA) Kolbe Case Fossella Smith (NJ) ANNOUNCEMENT BY THE CHAIRMAN PRO Brown, Corrine Franks (AZ) Kucinich Cubin Gephardt Smith (WA) TEMPORE Brown-Waite, Frelinghuysen LaHood Edwards Issa Spratt The CHAIRMAN pro tempore (Mr. Ginny Frost Lampson Burgess Gallegly Langevin ANNOUNCEMENT BY THE CHAIRMAN PRO SWEENEY) (during the vote). Members Burns Garrett (NJ) Lantos TEMPORE are advised 2 minutes remain in this Burr Gerlach Larsen (WA) The CHAIRMAN pro tempore (Mr. vote. Burton (IN) Gibbons Larson (CT) Buyer Gilchrest Latham SWEENEY)(during the vote). Members b 1613 Calvert Gillmor LaTourette are advised that 2 minutes remain in Camp Gingrey Leach this vote. Messrs. INSLEE, CARSON of Okla- Cannon Gonzalez Lee homa and NADLER changed their vote Cantor Goode Levin b 1621 from ‘‘no’’ to ‘‘aye.’’ Capito Goodlatte Lewis (CA) So the amendment was agreed to. Capps Gordon Lewis (GA) So the amendment was agreed to. The result of the vote was announced Capuano Goss Lewis (KY) The result of the vote was announced Cardin Granger Linder as above recorded. as above recorded. Cardoza Graves Lipinski Stated for: Carson (IN) Green (TX) LoBiondo The CHAIRMAN pro tempore. The Mr. GINNY BROWN-WAITE. Mr. Chairman, Carson (OK) Green (WI) Lofgren question is on the committee amend- on rollcall No. 262 I was inadvertently de- Carter Greenwood Lowey ment in the nature of a substitute, as Castle Grijalva Lucas (KY) modified, as amended. tained. Had I been present, I would have Chabot Gutierrez Lucas (OK) voted ‘‘aye’’. Chocola Gutknecht Lynch The committee amendment in the AMENDMENT NO. 4 OFFERED BY MR. PITTS Clay Hall Majette nature of a substitute, as modified, as The CHAIRMAN pro tempore. The Clyburn Harman Maloney amended, was agreed to. Coble Harris Manzullo The CHAIRMAN pro tempore. Under pending business is the demand for a Cole Hart Markey recorded vote on the amendment of- Collins Hastings (FL) Marshall the rule, the Committee rises. fered by the gentleman from Pennsyl- Conyers Hastings (WA) Matheson Accordingly, the Committee rose; Cooper Hayes McCarthy (MO) and the Speaker pro tempore (Mr. vania (Mr. PITTS) on which further pro- Costello Hayworth McCarthy (NY) ceedings were postponed and on which Cox Hefley McCollum TERRY) having assumed the chair, Mr. the ayes prevailed by voice vote. Cramer Hensarling McCotter SWEENEY, Chairman pro tempore of the The Clerk will redesignate the Crane Herger McCrery Committee of the Whole House on the Crenshaw Hill McDermott State of the Union, reported that that amendment. Crowley Hinchey McGovern The Clerk redesignated the amend- Culberson Hinojosa McHugh Committee, having had under consider- ment. Cummings Hobson McInnis ation the bill (H.R. 2115) to amend title

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.050 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5239 49, United States Code, to reauthorize Hart McCollum Rush ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hastings (FL) McCotter Ryan (OH) programs for the Federal Aviation Ad- Hastings (WA) McCrery Ryan (WI) The SPEAKER pro tempore (Mr. ministration, and for other purposes, Hayes McDermott Ryun (KS) TERRY) (during the vote). The Chair pursuant to House Resolution 265, he Hayworth McGovern Sabo would advise Members that there are 2 reported the bill back to the House Hefley McHugh Sanchez, Linda minutes remaining in this vote. Hensarling McInnis with an amendment adopted by the T. Herger McIntyre Sanchez, Loretta b 1639 Committee of the Whole. Hill McKeon Sanders The SPEAKER pro tempore. Under Hinchey McNulty Sandlin So the bill was passed. the rule, the previous question is or- Hinojosa Meehan Saxton The result of the vote was announced Hobson Meek (FL) Schakowsky as above recorded. dered. Hoeffel Meeks (NY) Schiff Is a separate vote demanded on any Hoekstra Menendez Schrock A motion to reconsider was laid on amendment to the committee amend- Holden Mica Scott (GA) the table. Holt Michaud Scott (VA) ment in the nature of a substitute Honda Millender- Serrano f adopted by the Committee of the Hooley (OR) McDonald Sessions AUTHORIZING CLERK TO MAKE Whole? If not, the question is on the Hostettler Miller (FL) Shadegg Houghton Miller (MI) CORRECTIONS IN ENGROSSMENT amendment. Shaw Hoyer Miller (NC) Shays OF H.R. 2115, FLIGHT 100—CEN- The amendment was agreed to. Hulshof Miller, Gary Sherman TURY OF AVIATION REAUTHOR- The SPEAKER pro tempore. The Hunter Miller, George Sherwood Hyde Mollohan IZATION ACT question is on the engrossment and Shimkus Inslee Moore Shuster Mr. MICA. Mr. Speaker, I ask unani- third reading of the bill. Isakson Moran (KS) Simmons The bill was ordered to be engrossed Israel Murphy Simpson mous consent that in the engrossment and read a third time, and was read the Issa Murtha Skelton of the bill, H.R. 2115, the Clerk be au- Istook Musgrave Slaughter thorized to correct section numbers, third time. Jackson (IL) Myrick Smith (MI) punctuation, and cross-references, and The SPEAKER pro tempore. The Jackson-Lee Nadler Smith (NJ) (TX) Napolitano question is on the passage of the bill. Smith (TX) to make such other necessary technical Janklow Neal (MA) Snyder and conforming changes as may be nec- The question was taken; and the Jefferson Nethercutt Solis Jenkins Neugebauer essary to reflect the actions of the Speaker pro tempore announced that Souder John Ney House. the ayes appeared to have it. Stark Johnson (CT) Northup Stearns The SPEAKER pro tempore. Is there Mr. MICA. Mr. Speaker, on that I de- Johnson (IL) Norwood Stenholm objection to the request of the gen- mand the yeas and nays. Johnson, E. B. Nunes Strickland Johnson, Sam Nussle tleman from Florida? The yeas and nays were ordered. Stupak Jones (NC) Oberstar There was no objection. Sullivan The vote was taken by electronic de- Jones (OH) Olver vice, and there were—yeas 418, nays 8, Kanjorski Ortiz Sweeney f Tancredo not voting 8, as follows: Kaptur Osborne Keller Ose Tanner SPECIAL ORDERS [Roll No. 264] Kelly Otter Tauscher Tauzin The SPEAKER pro tempore. Under YEAS—418 Kennedy (MN) Owens Kennedy (RI) Oxley Taylor (MS) the Speaker’s announced policy of Jan- Abercrombie Burr Doggett Kildee Pallone Taylor (NC) uary 7, 2003, and under a previous order Ackerman Burton (IN) Dooley (CA) Kilpatrick Pascrell Terry of the House, the following Members Aderholt Buyer Doolittle Thomas Kind Pastor will be recognized for 5 minutes each. Akin Calvert Doyle King (IA) Payne Thompson (CA) Alexander Camp Dreier King (NY) Pearce Thompson (MS) f Allen Cannon Duncan Kingston Pelosi Thornberry Andrews Cantor Dunn Kirk Pence Tiahrt The SPEAKER pro tempore. Under a Baca Capito Edwards Kleczka Peterson (MN) Tiberi previous order of the House, the gen- Bachus Capps Ehlers Kline Peterson (PA) Tierney tleman from Indiana (Mr. BURTON) is Baird Capuano Emanuel Knollenberg Petri Toomey recognized for 5 minutes. Baker Cardin Emerson Kolbe Pickering Towns Baldwin Cardoza Engel Kucinich Pitts Turner (OH) (Mr. BURTON of Indiana addressed Ballance Carson (IN) English LaHood Platts Turner (TX) the House. His remarks will appear Ballenger Carson (OK) Etheridge Lampson Pombo Udall (CO) hereafter in the Extensions of Re- Barrett (SC) Carter Evans Langevin Pomeroy Udall (NM) Bartlett (MD) Case Everett Lantos Porter Upton marks.) Barton (TX) Castle Farr Larsen (WA) Portman Van Hollen f Bass Chabot Fattah Larson (CT) Price (NC) Velazquez Beauprez Chocola Feeney Latham Pryce (OH) Visclosky NATIONAL GREAT BLACK AMERI- Becerra Clay Ferguson LaTourette Putnam Vitter CANS COMMENDATION ACT OF Bell Clyburn Filner Leach Quinn Walden (OR) Bereuter Coble Fletcher Lee Radanovich Walsh 2003 Berkley Cole Foley Levin Rahall Wamp The SPEAKER pro tempore. Under a Berman Collins Forbes Lewis (CA) Ramstad Waters Berry Conyers Ford Lewis (GA) Rangel Watson previous order of the House, the gen- Biggert Cooper Frank (MA) Lewis (KY) Regula Watt tleman from Maryland (Mr. CUMMINGS) Bilirakis Costello Franks (AZ) Linder Rehberg Waxman is recognized for 5 minutes. Bishop (GA) Cox Frelinghuysen Lipinski Renzi Weiner Bishop (NY) Cramer Frost LoBiondo Reyes Weldon (FL) Mr. CUMMINGS. Mr. Speaker, I rise Bishop (UT) Crenshaw Gallegly Lofgren Reynolds Weldon (PA) to announce the introduction of the Blackburn Crowley Garrett (NJ) Lowey Rodriguez Weller National Great Black Americans Com- Blumenauer Culberson Gerlach Lucas (KY) Rogers (AL) Wexler mendation Act of 2003, legislation that Blunt Cummings Gibbons Lucas (OK) Rogers (KY) Whitfield Boehlert Cunningham Gilchrest Majette Rogers (MI) Wicker will help to bring long overdue recogni- Boehner Davis (AL) Gillmor Maloney Rohrabacher Wilson (NM) tion to African Americans who have Bonilla Davis (CA) Gingrey Manzullo Ros-Lehtinen Wilson (SC) served our Nation with distinction but Bonner Davis (FL) Gonzalez Markey Ross Woolsey Bono Davis (IL) Goode Marshall Rothman Wu whose names, faces and records of Boozman Davis (TN) Goodlatte Matheson Roybal-Allard Wynn achievements may not be well known Boswell Davis, Jo Ann Gordon McCarthy (MO) Royce Young (AK) by the public. Boucher Deal (GA) Goss McCarthy (NY) Ruppersberger Young (FL) Boyd DeFazio Granger This recognition primarily will be ac- Bradley (NH) DeGette Graves NAYS—8 complished through an expansion of Brady (PA) Delahunt Green (TX) national designation of a national Brady (TX) DeLauro Green (WI) Crane Moran (VA) Sensenbrenner Brown (OH) DeLay Greenwood Davis, Tom Obey Wolf treasure, the Great Blacks in Wax Mu- Brown (SC) DeMint Grijalva Flake Paul seum, located in my district in Balti- Brown, Corrine Deutsch Gutierrez NOT VOTING—8 more, Maryland. The legislation also Brown-Waite, Diaz-Balart, L. Gutknecht authorizes assistance in establishing a Ginny Diaz-Balart, M. Hall Cubin Gephardt Smith (WA) Burgess Dicks Harman Eshoo Lynch Spratt Justice Learning Center as a compo- Burns Dingell Harris Fossella Matsui nent of the expanded museum complex.

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.094 H11PT1 H5240 CONGRESSIONAL RECORD — HOUSE June 11, 2003 b 1645 icans in defending freedom and guaran- tional Great Blacks in Wax Museum and Jus- tice Learning Center. The Justice Learning Center will in- teeing equal rights under the law, in clude state-of-the-art facilities and re- protecting our Nation’s interests in AFRICAN AMERICANS IN POLITICS, LAW AND GOVERNMENT sources to educate the public, and espe- times of military conflict, in explo- HISTORICAL PERSPECTIVE cially youth, about the role of African ration and settlement of our Nation, At the end of the Revolutionary War, more Americans in our Nation’s justice sys- and in providing leadership at the Fed- eral level through service in Congress than one-third of the three million people tem. It will include a special focus on living in the U.S. were not free. Among this the civil rights movement, on the role and the executive branch. group were 600,000 slaves, 300,000 indentured of African Americans as lawmakers This museum will ensure that his- servants, 50,000 convicts, and of course, Na- and as attorneys, and on the role of tory never forgets the contributions of tive Americans. Of the more than two mil- blacks in the judiciary. these great Americans. lion free Americans, only 120,000 could meet I am introducing this legislation THE GREAT BLACKS IN WAX MUSEUM: A BRIEF the requirements set up by individual states HISTORY at that time for a person to be allowed to with the bipartisan support and co- vote. These requirements centered around sponsor of 47 of our colleagues. This The Great Blacks In Wax Museum, Amer- ica’s first wax museum of African American such factors as sex, age, residence, moral legislation will help to present the history, was founded in 1983 by Drs. Elmer character, property, religion, slave versus faces and stories of black Americans and Joanne Martin, two Baltimore edu- free status, and race. By the end of the 1800’s, who have reached some of the highest cators. However, the Martins’ story begins in most states had also added property and tax levels of national service but who are 1980 when with money they were saving for a paying requirements to the list and many in- generally unknown. down payment on a house, they purchased dividuals who had been eligible to vote lost their privilege. A priority will be exhibits presenting four wax figures. These they carted to schools, churches, shopping malls, and fes- As more and more Blacks gained their free- black Americans who served in Con- dom (either by purchasing it themselves or tivals throughout the mid-Atlantic area. gress during the 1800s, some born in by being emancipated upon the death of Their goal was to test public reaction to the their masters), states began to change their slavery and others born free. These idea of a black history wax museum. So posi- constitutions so as to exclude Blacks. More- Americans proudly served their con- tive was the response that in 1983, with per- over, Blacks were denied the right to vote in stituencies and this great Nation. sonal loans, they opened the Museum in a every state (except Maine) that entered the I am pleased to inform my colleagues small storefront in downtown Baltimore. union between 1800 and 1861. that the museum will showcase the 22 The success of the Museum, especially The Civil War brought about a drastic outstanding blacks who served in the among students on field trips, made it imper- change in the pattern of taking away the United States Senate and House of ative that the Martins find larger space. In vote from Blacks because suddenly four mil- Representatives in the 1800s, and those 1985, the Martins closed the museum and or- lion slaves were transformed into citizens ganized an all-out fundraising effort to se- possessing the right to vote. Within three from the 1900s such as Senator Edward cure new and expanded space and to purchase Brooke and Representatives Julian years, the 15th amendment to the U.S. Con- more wax figures. Their efforts allowed them stitution had given the right to vote to all Dixon, Oscar Stanton DePriest, Lewis to purchase an abandoned fire station on male citizens regardless of race. Women, Stokes, and many others. East North Avenue. After extensive renova- however, would not gain voting rights until The legislation will also help to tions, the Martins re-opened the museum in decades later with the passage of the 19th showcase black Americans who served October of 1988. amendment. in senior civilian executive branch po- When the Museum moved to its East Balti- Following the Civil War, Blacks in the sitions, such as Ralph Bunche, Frederic more location, away from the lucrative Inner South voted in large numbers and elected Harbor tourist market and decidedly off the Morrow, Robert Weaver, William Cole- many Blacks to office. Indeed, between 1870 beaten track, the naysayers declared that and 1901, 22 African Americans (two Senators man, Patricia Harris, Lewis Sullivan, few people would venture into a deterio- and 20 Representatives) were elected to the and many others who did not receive rating community to see a little wax mu- U.S. Congress. However, two factors were the appropriate recognition in the past. seum. Yet in 1989, the first full year of oper- about to have a dramatic effect on Black The expanded museum will focus on ation in its new location, 44,000 visitors ven- voting rights: (1) the fear among many white black military veterans, including the tured into the neighborhood to see America’s people that Blacks would now gain political Buffalo Soldiers and the Tuskegee Air- first black history wax museum. The power, and (2) the effort of many government men, black judges, lawmen and promi- visitorship held at annual average of 44,000 officials to impose punitive measures on the South, which succeeded in undermining the nent attorneys, and the role of blacks for the next three years and then increased in 1992 to 52,000, 61,000 in 1993, and 81,000 in 15th Amendment and depriving Blacks of the in discovery and settlement. 1994. In 2002, more than 300,000 people from vote. The Great Blacks in Wax Museum, across the nation visited the unique cultural Southern state after state began to enact America’s first wax museum of black institution. laws that stripped away the right to vote of history, was founded in the early 1980s. A September 1994 article in the Afro Amer- Blacks outright or that introduced such re- The museum occupies part of a city ican newspaper declared the Great Blacks In strictions as the poll tax and the literacy block in east Baltimore and currently Wax Museum a ‘‘National Treasure.’’ In fact, test. And what these restrictions failed to the Museum serves the entire nation. Inter- accomplish were more than made up for by includes approximately 200 exhibits. the Ku Klux Klan and other hate groups. By Existing figures depict great black national visitors have come from France, Af- rica, Israel, Japan, and many other con- 1910, every Southern state had such controls. Americans such as Colin Powell, Har- tinents and nations. The Great Blacks In By 1902 not a single Black sat in either a riet Tubman, Dr. Martin Luther King, Wax Museum story has been heralded by state or federal legislature. Moreover, every Mary McLeod Bethune, and former news media around the world, including state university and public facility that had Representatives Mickey Leland of CNN, The Wall Street Journal, The Wash- once been desegregated was now segregated ington Post, The New York Times, The Chi- again. Texas, Kweisi Mfume of Maryland, Hope was reborn in the early part of the cago Sun Times, the Dallas Morning News, Shirley Chisolm and Adam Clayton 1900’s as leaders like W.E.B. Dubois began to Kulturwelt, USA/Africa, The Los Angeles Powell of New York. exert pressure on the government to rein- Times, USA Today, Crisis, and Essence Mag- The State of Maryland and the city state voting rights for Blacks. The effort of azine. of Baltimore have contributed over $5 Approximately 200 wax figures and scenes, this more aggressive Black electorate and million toward this expansion project, a 19th century slave ship re-creation, a spe- the success of Franklin Roosevelt in convincing Black voters that as President he which will occupy an entire city block cial permanent exhibition on the role of would be committed to principles of equality in the empowerment zone area. The youth in the making and shaping of history, would transform a traditionally Republican a Maryland room highlighting the contribu- museum is conducting extensive out- Black voter into a staunch supporter of the tions of outstanding Marylanders to African- reach to major corporations and other Democratic Party, a tendency which con- American history, gift shop, a mini audito- private donors. This legislation author- tinues up to the present. izes a Federal share not to exceed 25 rium for lectures and films are some of the During the later decades African American major cultural features of one of America’s percent or $15 million, whichever is participation in the political process has most dynamic and unique cultural and edu- been influenced by the forces operating at less, of the expansion project. cational institutions. Mr. Speaker, I urge all Members to the time. During the 1930’s it was the migra- PLANNED EXHIBITS OF THE NATIONAL GREAT tion of Blacks from the South to the North support and cosponsor this important BLACKS IN WAX MUSEUM AND JUSTICE and from the country to the city. The 1960’s legislation, which will help to educate LEARNING CENTER created a sharp rise in the political con- our Nation and the world about the The following provides additional informa- sciousness of Blacks due in part to the en- critical contributions of African Amer- tion about the planned exhibits of the Na- thusiasm generated by the Civil Rights

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.101 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5241 Movement. Throughout the past several dec- born in Liverpool, England on August 11, Congressional service, Miller served as a ades, African Americans have been selected 1842. He graduated from Eton College in Eng- member of the State Constitutional Conven- for political offices in ever-increasing num- land, studied law, and practiced law in Co- tion in 1895, and as president of the State bers. Many of them have made their imprint lumbia, South Carolina. He served as a mem- College in Orangeburg, South Carolina. on history. ber of the State Constitutional Convention, George Washington Murray—Member of In a 3,000 square foot gallery within the fu- of the State House of Representatives, and as Congress R–SC, 1893–1895, 1896–1897. George ture National Great Blacks in Wax Museum Assistant Adjutant General of South Caro- Washington Murray was born in slavery near and Justice Center consisting of the latest in lina. Following service in Congress, he Rembert, South Carolina on September 22, interactive, multimedia technology, visitors served in the South Carolina House of Rep- 1853. In addition to his Congressional service, will learn about: resentatives, where he was elected Speaker, he was a schoolteacher, inspector of customs The Civil Rights Struggle—Early Rights and subsequently was elected Attorney Gen- at the port of Charleston, South Carolina, a Movements; Civil Rights at the End of the eral of South Carolina. realtor, writer and lecturer, and a delegate Civil War; Civil Rights in the 20th Century; Jeremiah Haralson—Member of Congress to several Republican National Conventions. Civil Rights Activists. R–AL, 1875–1877. Jeremiah Haralson was born Charles Edmund Nash—Member of Con- The Legal Battleground—The Legal Status in slavery on a plantation in Georgia on gress (R–LA), 1875–1877. Charles Edmund of African Americans: 1790–1883; African April 1, 1846. He was taken to Alabama as a Nash was born in Opelousas, Louisiana on Americans and the Criminal Justice System; slave of John Haralson, and remained in May 23, 1844. A bricklayer by trade, Con- African Americans in the Federal Courts; Af- bondage until 1865. Haralson engaged in agri- gressman Nash also served as Inspector of rican American on the U.S. Supreme Court; cultural pursuits, became a minister, and Customs and Postmaster. Major Federal Legislation; Major U.S. Su- served in the Alabama State House of Rep- James Edward O’Hara—Member of Con- preme Court Decisions; Pioneering Jurists, resentatives and Senate before his election gress (R–NC), 1883–1887. James Edward Attorneys, Judges. to Congress. As a Member of Congress, he O’Hara, the son of an Irish merchant and a The Political Race—The role of African supported general amnesty for former Con- West Indian woman, was born in New York Americans in Politics from the Colonial Era federates. City on February 26, 1844. He studied law in to Today; African American Elected Officials John Adams Hyman—Member of Congress North Carolina and served as clerk for the and Political Appointees; Legalized Oppres- R–NC, 1875–1877. John Adams Hyman was Constitutional Convention of North Carolina sion; Women and Politics. born slave near Warrenton, North Carolina in 1868. In addition to his Congressional serv- BLACK AMERICANS IN CONGRESS: 19TH on July 23, 1840. He was sold and sent to Ala- ice, he served in the North Carolina House of CENTURY bama, and then returned to North Carolina Representatives, as chairman of the board of The following great Black Americans will in 1865. Hyman became the first Black Mem- commissioners for Halifax County, and a be featured in future exhibits in the National ber of Congress elected from North Carolina. member of the State Constitutional Conven- Great Blacks in Wax Museum and Justice In addition to his Congressional service, tion in 1875. Joseph Hayne Rainey—Member of Congress Learning Center: Hyman served as a delegate to the State Blance Kelso Bruce—U.S. Senator (R–MS), Equal Rights Convention, the State Con- (R–SC), 1870–1879. Joseph Hayne Rainey was 1872–1881. Blance Kelso Bruce was born in stitutional Convention, the 1867 Republican born in slavery in Georgetown, South Caro- slavery near Farmville, Prince Edward Coun- State Convention, and as a member of the lina on June 21, 1832. A barber by trade, he escaped to the West Indies and remained ty, Virginia on March 1, 1841. Having been State Senate. there until the close of the Civil War. He tutored by his owner’s son, Bruce escaped John Mercer Langston—Member of Con- served as delegate to the State Constitu- slavery at the beginning of the Civil War, gress R–VA, 1890–1891. Johnson Mercer tional Convention in 1868, a member of the taught school in Hannibal, Missouri, and Langston was born in Louisa, Virginia on State Senate, and Internal Revenue Agent of later attended Oberlin College, in Ohio. After December 14, 1829, He graduated from Oberlin South Carolina. Rainey was the first Black the war, he became a planter and local gov- College, studied law and practiced as an at- American to be elected to the U.S. House of ernment official in Mississippi. Elected as a torney in Ohio. Langston was instrumental Representatives, and in 1874 became the first Republican, he was the first Black American in recruiting Black troops during the Civil Black Member to preside over a session of to serve a full term in the United States Sen- War. After the war, he moved to Washington, the House. DC and served as Dean of the Law Depart- ate. Following his Senate service, Bruce was Alonzo Jacob Ransier—Member of Con- appointed Register of the Treasury and Re- ment and as Acting President of Howard gress (R–SC), 1873–1875. Alonzo Jacob Ransier corder of Deeds for the District of Columbia. University. In addition to his Congressional was born to free parents in Charleston, Richard Harvey Cain—Member of Congress service, he served as a delegate to the Repub- South Carolina on January 3, 1834. In addi- (R–SC), 1873–1875; 1877–1879. Richard Harvey lican National Convention. His descendant tion to his Congressional service, he served Cain was born to free parents in Greenbrier and namesake was the renowned poet as a member of the State House of Rep- County, Virginia, on April 12, 1825. Prior to Langston Hughes. resentatives, as a member of the State Con- Jefferson Franklin Long—Member of Con- his election to Congress, Cain was a minister stitutional Conventions in 1868 and 1869, as gress R–GA, 1870–1871. Jefferson Franklin and served as a delegate to the Constitu- Lieutenant Governor of South Carolina, as tional Convention of South Carolina, and as Long was born in slavery near Knoxville, Chairman of the Republican State Central a member of the State Senate. He was the Georgia on March 3, 1836. He developed the Committee, as delegate to the Republican first Black clergyman to serve in the U.S. trade of a merchant tailor in Macon, Geor- National Convention in 1872, and as Internal House of Representatives. Following his Con- gia. Long was a statewide organizer for the Revenue Collector. gressional service, he was appointed bishop Republican Party, and served on the state James Thomas Rapier—Member of Con- of the African Methodist Episcopal Church in Republican Central Committee. Following gress (R–AL), 1873–1875. James Thomas Ra- Washington, DC. his Congressional service, he was a delegate pier was born to free parents in Florence, Henry Plummer Cheatham—Member of to the Republican National Convention in Alabama on November 13, 1837. A cotton Congress (R–NC), 1880–1893. Henry Plummer 1880. planter, he was appointed a notary public, Cheatham was born in slavery near Hender- John Roy Lynch—Member of Congress R– was a member of the first Republican Con- son, North Carolina on December 27, 1857. MS, 1873–1877, 1882–1883. John Roy Lynch was vention held in Alabama, and member of the After graduating from Shaw University in born in slavery near Vidalia, Louisiana on State Constitutional Convention at Mont- Raleigh, he served as principal of the Plym- September 10, 1847. He was later taken to a gomery in 1867. In addition to his Congres- outh Normal School and register of deeds for plantation in Natchez, Mississippi. Following sional service, Rapier served as Assessor of Vance County. He was the only Black mem- emancipation, he served as a justice of the Internal Revenue, Alabama Commissioner to ber of the 52nd Congress (1891–1893). In addi- peace and a member of the Mississippi House the Vienna Exposition in 1873, and U.S. Com- tion to his Congressional service, Cheatham of Representatives, where he was elected missioner to the World’s Fair in Paris. served as a delegate to two Republican Na- Speaker. In addition to his Congressional Hiram Rhodes Revels—U.S. Senator (R– tional Conventions. service, Lynch was a delegate to five Repub- MS), 1870–1871. Hiram Rhodes Revels was Robert Carlos DeLarge—Member of Con- lican National Conventions, chairman of the born to free parents in Fayetteville, North gress (R–SC), 1871–1873. Robert Carlos Republican State Executive Committee, a Carolina on September 27, 1827. A barber and DeLarge was born in slavery in Aiken, South member of the Republican National Com- ordained minister, he assisted in recruiting Carolina on March 15, 1842. Prior to his Con- mittee for the State of Mississippi, tem- two regiments of Black troops at the out- gressional service, he engaged in agricul- porary Chairman of a Republican National break of the Civil War. Revels served as tural pursuits and served as a delegate to the Convention, Auditor of the Treasury for the chaplain of a Black regiment in Vicksburg, State Constitutional Convention, as a mem- Navy Department, and an officer in the Mississippi, organized Black churches in the ber of the State House of Representatives, Spanish-American War. State, and was a member of the State Sen- and as State Land Commissioner. DeLarge Thomas Ezekiel Miller—Member of Con- ate. He was Secretary of State Ad Interim of was an early organizer for the South Caro- gress R–SC, 1890–1891. Thomas Ezekiel Miller Mississippi, and president of Alcorn Univer- lina Republican Party. He chaired the Plat- was born to free parents in Ferrebeeville, sity in Rodney, Mississippi. Hiram Revels form Committee of the 1867 Republican State South Carolina on June 17, 1849. He served as was the first Black American elected to the Convention. School Commissioner of Beaufort County, a United States Senate. Robert Brown Elliott—Member of Congress member of the State House of Representa- Robert Smalls—Member of Congress (R– R–SC, 1871–1874. Robert Brown Elliott was tives, and of the State Senate. Following his SC), 1875–1879, 1882–1883, 1884–1887. Robert

VerDate Jan 31 2003 05:15 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.079 H11PT1 H5242 CONGRESSIONAL RECORD — HOUSE June 11, 2003 Smalls was born in slavery in Beaufort, and were able to achieve a significant meas- quartermaster, installed telegraph lines, and South Carolina on April 5, 1839. He became ure of economic and political freedom. supervised road building. Flipper directed an expert pilot of boats along the coasts of All-Black Towns. All-Black towns were es- construction of a drainage system at Fort South Carolina and Georgia and learned the tablished in Western states and territories Sill that prevented the spread of malaria. Gullah dialect of Sea Islanders. In addition during the late 1800s. In California, these in- ‘‘Flipper’s Ditch’’ is a National Historic to his Congressional service, Smalls was a clude Kentucky Ridge (Placerville), Negro Landmark. member of the State Constitutional Conven- Bar (part of Folsom), Negro Slide (in Pumas Thomas ‘‘O.T.’’ Jackson (1846–1906), a bar- tion 1868, served in the State House of Rep- County), Negro Tent (located between ber from Watsonville, California, was a tenor resentatives and in the State Senate, and Comptonville and Goodyear), and Negro Hill in several internationally prominent Black was twice a delegate to Republican National (near Sacramento). In Oklahoma, they in- minstrel groups in the late 1800s. He head- Conventions. Representative Smalls is cur- clude Bernon, Boley, Brooksville, Clearview, lined numerous engagements, including per- rently featured in the Great Blacks in Wax Grayson, Langston, Lima, Redbird, formances before King Edward VII of Eng- Museum. Rentiesville, Summit, Taft, Tatums, and land. His improvisational musical technique Benjamin Sterling Turner—Member of Tullahassee. influenced various music styles in the West Congress (R–AL), 1871–1873. Benjamin Ster- James Pierson Beckwourth (1798–1866), who in the 20th century, as well as the develop- ling Turner was born near Weldon, North escaped from slavery, played a major role in ment of Jazz and other African American Carolina on March 17, 1825. Raised as a slave, the exploration and settlement of Western music forms. he moved to Alabama and was elected Tax states. Beckwourth fought in the California William A. Leidesdorff (1810–1848), the son Collector of Dallas County and Selma City Revolution in 1846, and became chief scout of a Danish sailor and a Black woman from Councilman. He was the first Black Member for General John C. Fremont. The town of St. Croix, Virgin Islands, came to Yerba of Congress from Alabama. Following his Beckwourth, California was named after Buena (San Francisco) in 1841. Within three Congressional service, Turner was a delegate him, as was Beckwourth Trail, an overland years he owned waterfront property and the to the Republican National Convention in route he charted from Sparks, Nevada across largest house in San Francisco. Leidesdorff 1880. the Sierra Nevada to Lake Oroville, Cali- built San Francisco’s first hotel, helped es- Josiah Thomas Walls—Member of Congress fornia. He was the only Black frontiersman tablish it first public school, launched the (R–FL), 1871–1873, 1873–1875, 1875–1876. Josiah to record his life story. state’s first steamship, and staged its first horse race. He also acquired a 35,000-acre par- Thomas Walls was born in Winchester, Vir- George Bonga (1802–1880) was a renowned cel of land encompassing modern Folsom, ginia on December 30, 1842. He moved to fur trader and trapper born in Minnesota. California. Leidesdorff died just after his Florida and was a delegate to the State Con- The grandson of Jean Bonga, the first Black neighbor and trading partner John Sutter stitutional Convention in 1868, and served in settler in the Northwoods (1782), he could discovered gold. the State Senate prior to his election to Con- speak English, French and Ojibwa. In 1820, he served as interpreter for Minnesota Governor Nat Love (1854–1921), better known as gress. ‘‘Deadwood Dick,’’ was born into slavery in George Henry White—Member of Congress Lewis Cass at a council held in Fond du Lac territory. In 1837, Bonga successfully appre- Tennessee and moved to Dodge City, Kansas. (R–NC), 1897–1901. George Henry White was He became a rugged cowpuncher, champion born in Rosindale, North Carolina on Decem- hended Che-Ga Wa Skung, a Chippewa Indian wanted for murder. The subsequent trial at rodeo rider and roper, and cattle driver. In ber 18, 1852. He was the last former slave to 1907, Love wrote a highly romanticized auto- Fort Snelling became the first trial for a serve in Congress. In addition to his Congres- biography portraying a life filled with Indian criminal offense held in Minnesota. sional service. White was Principal of the fights, famous outlaws, and amazing feats. In State Normal School of North Carolina, a Clara Brown (1800–1885), born into slavery, traveled to Denver, Colorado as a cook on a so doing, he sought to become accepted as member of the State House of Representa- the prototype of the dime novel ‘‘Deadwood tives and the State Senate, a solicitor and wagon train. Brown was the first Black woman to cross the plains during the Gold Dick’’ series. prosecutor, and was twice a delegate to Re- Bridget (‘‘Biddy’’) Mason (1818–1891), born a Rush. She settled in Central City, Colorado, publican National Conventions. slave in Mississippi, trekked with her own- established its first laundry, accumulated DISCOVERY AND SETTLEMENT: BLACK er’s family to San Bernardino County, Cali- wealth, and brought freed slaves to Colorado. AMERICAN PIONEERS fornia. Once in California, Mason petitioned She was made an honorary member of the Current Exhibits—The following exhibits the courts for freedom, which was granted in Society of Colorado Pioneers. 1856. Business and real estate transactions are currently on display in the Great Blacks Buffalo Soldiers—In the late 1800s, the all- enabled her to accumulate a substantial for- in Wax Museum collection: Black 9th and 10th U.S. Army Cavalry Regi- tune, and she gave generously to charities, Matthew A. Henson (1866–1955) was an ments and 38th Infantry served in New Mex- providing food and shelter for the poor of all international explorer and the first person to ico, Arizona, Colorado, Utah, Nevada, Kan- races. In 1872, she founded and financed the reach the North Pole as a member of Com- sas, Oklahoma, Wyoming, Montana, Texas, first African American church in Los Ange- modore Robert E. Peary’s 1909 expedition. He and the Dakotas. They built forts and roads, later chronicled his experiences in the book les. strung telegraph lines, protected railroad George Monroe delivered mail in the mid- A Negro Explorer at the North Pole (1912). crews, escorted stages and trains, protected 1800s by Pony Express between Merced and President William Howard Taft appointed settlers and cattle drives, and fought out- Mariposa, California. He became a stage Henson to the position of Clerk in the U.S. laws. Indians called them ‘‘Buffalo Soldiers,’’ driver, and was chosen to drive President Customs House in New York City, a position and the soldiers wore the title proudly. Ulysses Grant to Yosemite, where an area Henson held until 1936, when he retired. In Jean Baptiste Pointe DuSable (1745–1818) called Monroe Meadows is named after him. 2000, the National Geographic Society post- established the first permanent settlement Mary Ellen Pleasant (1814–1904), known as humously awarded Henson the coveted Hub- of Chicago, Illinois in 1790. He owned a high- the ‘‘Mother of Civil Rights’’ in California, bard Medal for Distinction in Exploration ly profitable trading post which became the spent most of her life in San Francisco where and Discovery. main point of supply for traders and trappers she provided shelter for fugitive slaves. In James Weldon Johnson (1871–1938), re- heading West. His granddaughter born in 1796 1866, she petitioned the California courts by nowned writer, poet and statesman, and was the first child born in Chicago. suing to overturn the Mission and NAACP executive director, observed: ‘‘Your Estevanico (1503–1539), an African enslaved Northbeach Railway Company’s policy segre- West is giving the Negro a better deal than by the Spanish, led an expedition from Mex- gating the races, and she later won a judg- any other section of the country. There is ico into the territory of the American South- ment of $600. more opportunity for my race, and less prej- west in 1538 and is credited with the dis- Bass Reeves (1824–1910), born to slave par- udice against it in this section of the coun- covery of the area that became the states of ents in Texas, became the first Black com- try than anywhere else in the United Arizona and New Mexico. missioned U.S. Deputy Marshal west of the States.’’ Mary Fields (1832–1914), born a slave, be- Mississippi River. Reeves lawfully killed 14 Bill Pickett (1870–1932), born to former came a renowned figure on the American notorious outlaws in the performance of his slaves in Texas, was one of the greatest cow- Western frontier known as pistol-packing duty over 32 years. He was honored with the boys that ever lived. Known to tackle a steer ‘‘Stagecoach Mary.’’ In 1895, she was hired as ‘‘Great Westerner’’ award by the National and other beasts without a lariat, he is cred- a U.S. Mail coach driver for the Cascade Cowboy and Rodeo Hall of Fame. ited with originating the rodeo sport known County region of central Montana, becoming William Robinson delivered mail by Pony as ‘‘steer wrestling.’’ Pickett was the first the first Black woman to drive a U.S. Mail Express from Stockton, California to gold Black cowboy to appear in Western movies, route. She and her mule Moses never missed miners. and the first Black inductee into the Na- a day, and thus she earned her nickname Jeremiah B. Sanderson (1846–?) opened the tional Cowboy and Rodeo Hall of Fame. ‘‘Stagecoach’’ for her unfailing reliability. first Black schools in Oakland, Sacramento, Future Exhibits—The following exhibits Henry O. Flipper (1856–1940) was the first San Francisco and Stockton, California. are planned for the National Great Blacks in Black graduate of the U.S. Military Acad- Cathay Williams (1842–1924), born a slave, Wax Museum and Justice Learning Center: emy at West Point, and the first Black Army is believed to be the only woman to serve as Henry Adams (1843–?), born into slavery, commissioned officer. A Buffalo Soldier, a Buffalo Soldier. In 1866 she joined the 38th led the ‘‘Black Exodus,’’ a migration of 40,000 Flipper was stationed at Fort Sill, Oklahoma Infantry, one of four all-Black military African Americans to the Free State of Kan- and Forts Concho, Elliott, Quitman and units, pretending to be a man (William Ca- sas. ‘‘Exodusters’’ settled all-Black towns Davis, Texas. He was a signal officer and thay). She served at Forts Riley and Hacker

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.081 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5243 in Kansas, and Forts Bayard, Union and the first Bush administration. She currently ‘‘Black Cabinet’’; Special Assistant for Negro Cummings in New Mexico, until military serves as director of the Office of Personnel Affairs, Office of the Administrator of the medical personnel discovered that she was a Management under President George W. U.S. Housing Authority, in the Kennedy ad- woman. Her commander reported her to be a Bush. ministration; and Secretary of Housing and ‘‘good soldier.’’ Eugene Kinckle Jones, a native of Rich- Urban Development under the Johnson ad- ‘‘York,’’ a slave, was a member of the 1804– mond, Virginia, was a member of Franklin ministration. Weaver was the first Black 1806 Lewis and Clark Expedition and served D. Roosevelt’s ‘‘Black Cabinet.’’ cabinet member ever appointed. as William Clark’s lifelong servant and com- Gwendolyn S. King, a native of East Or- Clifford R. Wharton, Jr. was Deputy Sec- panion. ange, New Jersey, was Commissioner of So- retary of State in the Clinton administra- GREAT BLACKS IN THE EXECUTIVE BRANCH cial Security in the George H.W. Bush ad- tion. ministration. Walter White, a native of Atlanta, Georgia, The following great Black Americans are Thurgood Marshall, a native of Baltimore, planned for future exhibits in the National was member of Franklin D. Roosevelt’s Maryland, was Solicitor General of the ‘‘Black Cabinet.’’ Great Blacks in Wax Museum and Justice United States in President Lyndon John- Center: J. Ernest Wilkins, Sr., a native of Chicago, son’s administration. He subsequently served Illinois, was Assistant Secretary of Labor for Clifford L. Alexander, Jr., a native of New as Associate Justice of the United States Su- York City, was Foreign Affairs Officer in the International Affairs under the Eisenhower preme Court. administration. National Security Council during President Frederick D. McClure, a native of Fort John F. Kennedy’s administration and Sec- Andrew Young (1932–), a native of New Or- Worth, Texas, was Assistant to the President leans, Louisiana, was appointed U.S. Ambas- retary of the Army during President Jimmy for Legislative Affairs, the White House, dur- Carter’s administration. He was the first sador to the United Nations by President ing the George H.W. Bush administration, Jimmy Carter. He previously served three Black to lead a Branch of the United States and Special Assistant to President Ronald Armed Services. terms in Congress as a representative from Reagan for Legislative Affairs. Georgia. Mary Frances Berry, a native of Nashville, Wade H. McCree, Jr., a native of Des Tennessee, was Assistant Secretary for Edu- Moines, Iowa, was Solicitor General of the f cation, U.S. Department of Health, Edu- United States in the Carter administration. JUNE 13, 2003, RUBBER STAMP DAY cation and Welfare, during the Carter admin- E. Frederic Morrow was Speechwriter and istration, and Chair, U.S. Commission on ON PRESIDENT BUSH’S TAX LEG- Administrative Officer for Special Projects, ISLATION Civil Rights, during President William J. the White House, during the Dwight D. Ei- Clinton’s administration. senhower administration. Morrow was the (Mr. MCDERMOTT asked and was Mary McLeod Bethune, a native of first Black person to serve in an executive given permission to address the House Mayesville, South Carolina, was a member of position on a president’s staff at the White the Advisory Committee on National Youth for 1 minute and to revise and extend House. He chronicles his experiences in the his remarks.) Administration during President Franklin D. book, ‘‘Black Man in the White House’’ Mr. MCDERMOTT. Mr. Speaker, I Roosevelt’s administration; member of Roo- (1963). sevelt’s ‘‘Black Cabinet.’’ She is currently Azie Taylor Morton, a native of Dale, take the floor right now to remind featured in the Great Blacks in Wax Mu- Texas, was a member of the Committee on Members to bring their rubber stamp seum. Equal Employment Opportunity in the Ken- tomorrow. The rubber-stamp Congress Ralph Bunche, a Detroit native, was Senior nedy administration. Morton also served as will be in session. Social Science Analyst, Office of Secret National Director of the U.S. Savings Bonds They are meeting right now up in the Service, during the Franklin D. Roosevelt Division and Treasurer of the United States, administration. He also served as Undersec- Committee on Rules, and they are U.S. Department of the Treasury, in the dropping an $80 billion tax bill that retary in the United Nations Secretariat, Carter administration. and Undersecretary for Special Political Af- Constance Berry Newman, was Director, never went to the Committee on Ways fairs during the Eisenhower administration. Office of Personnel Management, in the and Means I sit on. Nobody has ever The recipient of the 1950 Nobel Peace Prize, George H.W. Bush administration and Under seen it, but it is being dropped here all Bunche’s record of service and honors re- Secretary of the Smithsonian Institution in of a sudden because the majority leader ceived is extensive. the George H.W. Bush and Clinton adminis- finally quit resisting what the Senate William Coleman, Jr., a Philadelphia, trations. Newman has also served as Assist- wanted to do. We are going to run it Pennsylvania native, was Secretary of ant Secretary of the U.S. Department of Transportation during President Gerald R. out of here. The chairman did not even Housing and Urban Development, Director of go upstairs to explain the bill, they Ford’s administration. He was the second VISTA, and Commissioner and Vice-Chair of Black cabinet member ever appointed. the Consumer Product Safety Commission. just sent it up there, they greased it, John P. Davis, together with Ralph She is currently Assistant Administrator for and it is coming down here. Everybody Bunche, founded the National Negro Con- Africa, U.S. Agency for International Devel- should remember, bring this stamp. gress during the 1930s. Davis was a member opment, in the George W. Bush administra- This stamp said ‘‘Official Rubber of Franklin D. Roosevelt’s ‘‘Black Cabinet.’’ tion. Stamp. I approve of everything George Drew S. Days III, a native of Atlanta, Condoleezza Rice, a native of Birmingham, Bush does,’’ signed: The Member. That Georgia, was Solicitor General of the United Alabama, served as Senior Director for So- States and Assistant Attorney General for is what we ought to have tomorrow, be- viet and East European Affairs, National Se- cause we are going to run another $80 Civil Rights during the Carter administra- curity Council, and Special Assistant to the tion. President for National Security Affairs, in billion out, put people more in debt, Patricia Roberts Harris, Secretary of the George H.W. Bush administration. She and that is what we consider legisla- Housing and Urban Development and Sec- currently serves as National Security Advi- tion in this one-party system. retary of Health, Education and Welfare in sor in the George W. Bush administration. Do not forget, Members should bring the Carter administration, was born in Samuel R. Pierce, Jr., a native of Glen their rubber stamp tomorrow morning. Mattoon, Illinois. She was the first Black fe- Cove, New York, was Secretary of Housing f male cabinet member ever appointed, and and Urban Development under the Reagan the first Black person appointed to two cabi- administration. The SPEAKER pro tempore. Under a net positions. Colin L. Powell (1937–), a native of New previous order of the House, the gen- William H. Hastie, a Knoxville, Tennessee York City, served as National Security Advi- tleman from Texas (Mr. CULBERSON) is native, served as Attorney, Office of the So- sor under the Reagan administration and recognized for 5 minutes. licitor, U.S. Department of the Interior, in Chairman, Joint Chiefs of Staff, under the (Mr. CULBERSON addressed the the Franklin D. Roosevelt, and was a mem- George H.W. Bush administration. He cur- House. His remarks will appear here- ber of Roosevelt’s ‘‘Black Cabinet.’’ rently serves as Secretary of State in the Dr. Benjamin L. Hooks is a native of Mem- George W. Bush administration. Secretary after in the Extensions of Remarks.) phis, Tennessee. In 1972 President Nixon Powell is currently featured in the Great f named Hooks, a lawyer and Baptist minister, Blacks in Wax Museum. OHIO IS THE BIRTHPLACE OF to the Federal Communications Commission, Louis F. Sullivan, M.D., an Atlanta, Geor- making him its first Black member. From gia native, was Secretary of Health and AVIATION 1977 to 1993 he was executive director of the Human Services under the George H.W. Bush The SPEAKER pro tempore. Under a NAACP. Dr. Hooks is currently featured in administration. previous order of the House, the gen- the Great Blacks in Wax Museum. Terence A. Todman, a native of St. Thom- tleman from Ohio (Mr. HOBSON) is rec- Kay Coles James, of Virginia, served as as, U.S. Virgin Islands, was Assistant Sec- head of the National Commission on Chil- retary of State for Inter-American Affairs ognized for 5 minutes. dren during the Reagan and Bush I adminis- under the Carter administration. Mr. HOBSON. Mr. Speaker, I rise in trations, and as Associate Director of the Of- Robert Weaver, a Washington, DC native, reaction to my colleague and friend, fice of National Drug Control Policy under was a member of Franklin D. Roosevelt’s the gentleman from North Carolina’s

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.083 H11PT1 H5244 CONGRESSIONAL RECORD — HOUSE June 11, 2003 public objection to Dayton, Ohio being The SPEAKER pro tempore. Under a had 1,613 days. I guess I can take 5 min- known as the birthplace of aviation. previous order of the House, the gen- utes. No one disputes the fact that tleman from Oregon (Mr. DEFAZIO) is Now, in the time that the Speaker Kittyhawk in North Carolina was the recognized for 5 minutes. has been for a balanced budget, he site of the first successful controlled Mr. DEFAZIO addressed the House. says, we would think the debt might power flight in history. However, Day- His remarks will appear hereafter in grow by $914,878. That is not the case. ton, Ohio’s claim to be the birthplace the Extensions of Remarks.) I need Amanda, Mark, and Robin to of aviation is based upon much more f join us. than just the first limited flight. The SPEAKER pro tempore. Under a PARLIAMENTARY INQUIRY As a new historical work on the lives previous order of the House, the gen- Mr. BUYER. Parliamentary inquiry, of the Wright brothers states, ‘‘The tleman from Illinois (Mr. LIPINSKI) is Mr. Speaker. four short flights in North Carolina recognized for 5 minutes. The SPEAKER pro tempore (Mr. showed that their math was close Mr. LIPINSKI addressed the House. FEENEY). The gentleman will state it. enough; Heavier than air flight was His remarks will appear hereafter in Mr. BUYER. Mr. Speaker, I would possible. The practicality of the Wright the Extensions of Remarks.) like to know whether or not this fits Flyer was achieved in 1904 and 1905 in a f the proper decorum of the House and little-known place of great con- whether this is a proper utilization of a sequence, Huffman Prairie, an 85-acre WHERE IS THE BALANCED BUDG- prop. My question is whether this cow pasture 10 miles east of Dayton. ET AMENDMENT CALLED FOR IN meets the decorum of the House. Huffman Prairie Flying Field, which 1974 BY THE SPEAKER OF THE Mr. TAYLOR of Mississippi. Mr. is in the Seventh Congressional Dis- HOUSE? Speaker, that is not a parliamentary trict, which just happens to be my dis- The SPEAKER pro tempore. Under a inquiry. trict, is located on the grounds of previous order of the House, the gen- The SPEAKER pro tempore. A ques- Wright Patterson Air Force Base. The tleman from Mississippi (Mr. TAYLOR) tion has been raised about decorum flying field, which is undergoing a res- is recognized for 5 minutes. under the rules of the House. toration to its 1905 appearance, has re- Mr. TAYLOR of Mississippi. Mr. The Chair would rule that it maybe cently been opened to the general pub- Speaker, on March 17, 1994, then a appropriate to use the exhibits that are lic, complete with a new interpretive Member of the House, the gentleman presented, but it is inappropriate to center so visitors can understand the from Illinois (Mr. HASTERT) came to refer to individual House pages by importance of the early flight testing the floor and said, ‘‘Clearly, our Na- name. As long as otherwise that the ex- and aircraft development that occurred tion’s monstrous $4.3 trillion Federal hibits are used in appropriate decorum there. deficit, until it is eliminated, interest and pages are not referenced by name, Even the press at the time did not payments will continue to eat away then the gentleman can proceed. grasp the significance of what had oc- the important incentives which the Mr. BUYER. Thank you, Mr. Speak- curred at Kitty Hawk. It took several government must fund. I will not stand er. years of additional flights, I might say by and watch Congress recklessly Mr. TAYLOR of Mississippi. Again, at Huffman Prairie, before the public squander the future of our children and Mr. Speaker, in that 1,613 days since finally acknowledged that the Wright grandchildren.’’ the gentleman from Illinois (Speaker brothers had invented a workable air- Later in that same day he said, ‘‘In HASTERT) way back when told us he craft. If the Wright Brothers had not light of Congress’ exhibited inability to was for a balanced budget, we would continued their history-altering work control spending and vote for real fis- think that the debt would have grown in Ohio, it is quite possible that the cal responsibility, it is imperative that by only 914,878.72, with a couple of com- North Carolina exploits would have we have a balanced budget amendment mas thrown in, but it is not the case. been lost in history. to compel Congress to end its siege on I regret to do this, but I have been As I have said before, North Carolina our financial future.’’ That was on told by the Chair that I cannot call the can always claim the location of the March 17, 1994. pages by their first names, so I am first flight by the Wright brothers, but As most of us are aware, the gen- going to have to ask page 11, 12, and 13 it is their hometown that saw the labo- tleman from Illinois (Mr. HASTERT) has to come forward, under the Rules of rious construction and endless testing been the Speaker now for about 1,613 the House. that was required to allow it to take to days. In that 1,613 days, he who con- Again, since the Speaker told us way the sky and mature as a reliable form trols every single amendment that back when how adamantly he was for a of transportation that we all now comes to this House floor, when we balanced budget, we would have enjoy. start, when we stop, every bill that thought that by now, and since I am North Carolina has the sand dunes comes to the floor, he who appoints the losing track with a couple of commas where the first flight occurred, but members of the Committee on Rules in there, that he would have said, Dayton, Ohio has the Dayton Aviation that decide which amendments are ger- enough, it is time for a balanced budg- Heritage National Historical Park, en- mane, those that can be offered, has et amendment. Time to let Members at compassing the Wright Cycle Shop, not allowed a vote on a balanced budg- least vote on it. Now, 1,613 days later, Huffman Prairie Flying Field, the John et amendment. it still has not happened. W. Berry, Sr. Wright Brothers Aviation We would think there were a couple Now I have to ask pages 14, 15, and 16, Center, and the Paul Laurence Dunbar of things that would come to his mind, and I practiced saying your names, so I State Memorial. since in 1994 he spoke so strongly of the apologize. Now, if the camera can get Dayton also has the National Avia- need for a balanced budget. I would all of this, we can let some Members tion Hall of Fame, Wright Patterson like to ask Max, Trevor, Sarah, and have some idea, not of the national Air Force Base, the U.S. Air Force Mu- Krystle-Joy to come to the floor. debt, but of how much the debt has seum, and the final resting place of the See, in the time that the gentleman grown in 2 years and 1 week since the Wright brothers. It is based upon all of from Illinois (Speaker HASTERT) has passage of the Bush tax cuts and the these important sites and the local life been Speaker, and they can stand in Bush budget. experiences of the Wright brothers that front of me, it is their big moment in The first $2 trillion spending bill Dayton should be known as the ‘‘birth- the sun, in the 1,613 days the gen- passed by this Congress did not come place of aviation.’’ tleman from Illinois (Mr. HASTERT) has from a Democratic President, it came As an Ohioan, I am proud to reside in been Speaker, we would think the gen- from a Republican President. The tax the same State as the two Wright tleman who cares that much about the cuts, they increased spending, de- brothers whose invention changed the national debt would maybe let the debt creased revenues, and this is the dif- world; and more importantly, the fact go up by, say, $914. But that is not the ference. that they were also in Ohio’s Seventh case. I think it is particularly appropriate Congressional District, which I now Now I need Michael, Bryan, and Tay- that these fine young people from all represent. lor to join us, because the Speaker has parts of our country are holding the

VerDate Jan 31 2003 05:15 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.104 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5245 sign. The lobbyists who benefited from Mr. TAYLOR of Mississippi. Mr. cerns about it. But I just point out that this and the fat cats who are having Speaker, how much time do I have re- the majority of his party, when it big dinners tonight who benefited from maining? comes to spending bills, wants to spend this, they are not going to pay this The SPEAKER pro tempore. The gen- more. And no matter what it is, we are bill. These kids are. These kids and tleman from Mississippi (Mr. TAYLOR) not spending enough for this cause; we their kids and their kids. has 30 seconds to not refer to the pages are not spending enough for that cause. PARLIAMENTARY INQUIRY but to refer to the exhibits. I want to also point out, sometimes it is easy when you are in the minority Mr. KINGSTON. Parliamentary in- Mr. TAYLOR of Mississippi. Mr. and you do not have to necessarily quiry, Mr. Speaker. Speaker, I know that most Americans make the vote for war, but we are in a The SPEAKER pro tempore. The gen- are at work right now. Some of you are situation after 9–11 where America was tleman from Georgia is recognized. watching. If you care about your coun- under attack. Americans were hurt, in- Mr. KINGSTON. Mr. Speaker, the try, you have got to be upset that in al- jured, and killed in their workplace. gentleman cannot use pages as props most a little over 2 years almost $1 trillion has been added to the national And while some on the left sat around for his speech. They can be of assist- and said what did we do wrong or why ance in holding the sign, but they can- debt. To make a reference from that, we went all the way from 1775 to 1975 do they hate us, others in the greater not be referred to as props in the man- majority, not just the Republican ner in which my friend, the gentleman and did not borrow that much money. The next time one of my Republican Party but in America as a whole, said, from Mississippi, has just done. look, we are going to defend our bor- The SPEAKER pro tempore. The gen- colleagues looks you in the eye and tells you he is a fiscal conservative, ders. We are going to defend our domes- tleman’s inquiry of the Chair is appro- tic areas. We are going to just defend priate. At this point the Chair would ask him about that trillion dollars and the $1 billion a day that we will pay in our homeland. And to do that, unfortu- remind the gentleman not to refer to nately, you do have to spend money be- the pages by name or by their presence. interest on that money and will pay for the rest of my lifetime, your lifetime, cause it costs money to go to Afghani- The exhibits themselves may be an ap- stan, to send helicopters and tanks propriate use at this time, but the gen- and, God bless them, Mr. Speaker, these kids’ lifetime. over there. It costs money to send tleman whose time it is will decline to troops to the Middle East. And that reference pages individually or collec- f does add up to some deficit spending. tively. ANNOUNCEMENT BY THE SPEAKER It is something we do want to get b 1700 PRO TEMPORE under control. But I would certainly hope that the gentleman and others Mr. TAYLOR of Mississippi. To the The SPEAKER pro tempore. The gentleman is advised that in addition to were not suggesting that the war for gentleman from Georgia (Mr. KING- the liberation of Iraq was wrong, the STON), if I had voted to stick these chil- the admonitions, that Members must decline to address the television audi- war to find bin Laden was wrong, the dren with that bill, I would be as war to liberate Afghanistan from ashamed to look at their faces as the ence. In addition, the Speaker is taking under advisement the future use and Taliban rule was wrong. Because I be- gentleman is. lieve most Americans support those ac- appropriateness of using pages. I did not vote to stick these kids tions and most Americans are glad with that bill. f that we are taking these steps. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE CONGRESS SHOULD DO WHAT IS When people say to you things like, The SPEAKER pro tempore (Mr. RIGHT FOR AMERICA how can you look the children in the FEENEY). The gentleman is out of The SPEAKER pro tempore. Under a eye, well, to me how could you not order. He has referred to pages as props previous order of the House, the gen- look the children in the eye and say, you know what, we are going to defend when the Chair has ruled that their tleman from Georgia (Mr. KINGSTON) is our homeland and we are going to se- presence on the floor cannot be men- recognized for 5 minutes. cure our borders. tioned. Mr. KINGSTON. Mr. Speaker, I ap- There is an international war on ter- PARLIAMENTARY INQUIRY preciate our friend, the gentleman rorism and America seems to be lead- Mr. JACKSON of Illinois. Mr. Speak- from Mississippi (Mr. TAYLOR), for ad- ing the way. America has also been the er, the gentleman is not referring to vancing the cause of fiscal restraint, victim of it, but we are going to win the pages themselves as pages. He is re- something that we do need to do in this that battle. ferring to the pages that the pages are House. And it is interesting, particu- And if the gentleman and others holding, the 914, 878, 724. This is a par- larly since the Democrats are right would look at the budget, they can see liamentary inquiry for clarification, now promoting an expansion of welfare that that is where the majority of our Mr. Speaker. He was referring to the in an unfunded way, and proposing to spending went and it is going to con- pages that the pages are holding. increase spending on welfare $3.5 bil- tinue to go. But we want to work with Mr. KINGSTON. Mr. Speaker, the lion, and that is to give a tax rebate to the Democrats to get spending under gentleman is right. He is using the people who have not paid taxes. control. My concern of it is not in just pages in an incorrect manner. It is an idea that is ironic since 197 of dollars and cents, but my concern is Mr. JACKSON of Illinois. I have not them voted against it originally in the encroachment of the government yielded my time. Under the House May 2001, but they all seem to want to on the private sector. Every dollar we rules, the pages are allowed to hold spend more regardless of what our put in the government, that is more these pages, and as long as the gen- budgets are doing. freedom we lose, particularly in the tleman does not refer to the pages by I have just come from an appropria- private sector. name, he can refer to the pages. tions meeting. And what is interesting So I hope as we begin the appropria- The SPEAKER pro tempore. The gen- about that is that on the appropriations process this year that we can tleman is correct, that the pages are tions bills, we have 13 of them, I be- have a lot of amendments from our permitted to facilitate the presen- lieve, Mr. Speaker, every bill, it is par- Democrat friends that actually reduce tation of exhibits, but any reference in ticularly interesting since every one of spending so that when we run the legis- any speech to the pages or to visually our 13 appropriations bills, no matter lative branch bill out here, when we suggest that they are part of the exhib- what we propose in the Republican run military construction out here, its themselves or any suggestion that Party, the Democrats make a counter- when we run the education bill out the debate should involve the pages in- proposal to spend more. And I realize here, if they have ideas for saving dividually or collectively, is not in that my friend, the gentleman of Mis- money, I want to do everything I can order. sissippi (Mr. TAYLOR), is in the minor- to make those amendments offered by The exhibits themselves may be re- ity of the Democratic Party where my friend, the gentleman from Mis- ferred to. The pages may not be re- they do wake up in the morning and sissippi (Mr. TAYLOR), or anybody else ferred to. worry about spending. And I am glad over there, the so-called Blue Dog Cau- The gentleman may proceed. that he does because I share his con- cus, I want their amendments to be in

VerDate Jan 31 2003 05:15 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.107 H11PT1 H5246 CONGRESSIONAL RECORD — HOUSE June 11, 2003 order so we can work together in a bi- stand-alone tax cut that provides a re- as members of this government. The partisan fashion and reduce spending. fund to the children of America, a sim- American people must depend upon our Because I think that the best of our ple $154 that we can give to 19 million veracity, and as well they must depend party and the best of their party should children and their families and those upon the right decisions being made on do what is right for the best of Amer- that make $10,000 to $26,000 a year. I their behalf and on behalf of the young ica. hope we can do that. men and women in the United States Mr. Speaker, I want to finish on this f military. We salute them for their will- very important concern that I have, The SPEAKER pro tempore. Under a ingness to offer the ultimate sacrifice, and that is that over the weekend we but I believe truly it is important for previous order of the House, the gen- heard a lot of scrambling on the Sun- tleman from North Carolina (Mr. us to have the truth on this issue, and day morning talk shows about a call an independent investigation is well JONES) is recognized for 5 minutes. for congressional investigations about needed. Mr. JONES of North Carolina ad- the question of the existence of weap- f dressed the House. His remarks will ap- ons of mass destruction. pear hereafter in the Extensions of Re- Mr. Speaker, I do not know if there MEDICARE PROBLEM marks.) are weapons of mass destruction. And I The SPEAKER pro tempore. Under a f am not intending to be in an argument previous order of the House, the gen- The SPEAKER pro tempore. Under a with my administration on the ques- tleman from Indiana (Mr. BUYER) is previous order of the House, the gen- tion of their veracity. But I do want to recognized for 5 minutes. tleman from Ohio (Mr. BROWN) is rec- be in an argument on behalf of the Mr. BUYER. Mr. Speaker, I come to ognized for 5 minutes. American people. They need to know the House currently to discuss the (Mr. BROWN of Ohio addressed the the truth. So I am calling for an inde- Medicare issue, and this is a tough House. His remarks will appear here- pendent investigation, a special pros- issue that is facing us. It is one where- after in the Extensions of Remarks.) ecutor, or a special commission to in- by Members can choose a political f vestigate what was known by the ad- route, or they can choose a route of ministration and what level of intel- policy. CONGRESS NEEDS TO WORK IN A ligence was given when we made the The numbers that are presently in BIPARTISAN MANNER decision to go to war with Iraq. What front of us cannot lie. These numbers The SPEAKER pro tempore. Under a kind of intelligence and documentation are cold. They will not go away, and previous order of the House, the gentle- of the intelligence that would have that is that we have this: the demo- woman from Texas (Ms. JACKSON-LEE) given the necessary impetus or basis of graphics, the baby boomers when they is recognized for 5 minutes. going to war, what was known by the become seniors, there is a smaller pop- Ms. JACKSON-LEE of Texas. Mr. intelligence community, what facts did ulation behind them, and the present Speaker, I thank the distinguished gen- they give about the weapons of mass Medicare model as we know it cannot tleman very much; and I appreciate my destruction, why was a decision made exist unless we go to a 20 percent pay- good friend, the gentleman from Geor- to go to war with respect to the intel- roll tax. gia (Mr. KINGSTON), insisting that we ligence given when we know that the There is a desire here within Con- have a balanced budget. U.N. inspectors were doing the very gress to deliver a prescription drug Might I remind him that as we speak, same thing? benefit to Medicare. Well, if we just the Committee on Rules is meeting and The argument that the administra- add prescription drugs to Medicare having the opportunity to review the tion made is that we know there are without addressing the long-term sol- $82 billion tax proposal of the Repub- weapons of mass destruction, we know vency, we have only exasperated the licans of this House, when all that we that they are there, and the U.N. in- insolvency of Medicare as we know it. spectors are not doing their job and ask for and all that is necessary is that b 1715 we take the Senate bill that has just they are not doing it fast enough. Two months later after the official part of Therein lies our challenge. So I be- been passed to fix the major error that lieve if we just added a prescription occurred last week when this body, this the war has ended, although we are still at war, we do not have the weap- drug benefit to Medicare without mak- Republican House and Republican Sen- ing this long-term solution to the sol- ate, refused to provide a child tax cred- ons of mass destruction. Mr. Speaker, this is a constitutional vency of Medicare, that is a very faulty it for working families making $10,000 question of war and peace. We were approach. to $26,000 a year. supposed to declare war under article I Right now within the Republican The Senate fixed it last week. The of the Constitution. We did not do that. Caucus there is a discussion about two bill from the Senate is right here at Members of this House were moved to approaches on how to do this. These the desk. All this House needed to do tears when they made the decision to are two completely different ap- was to adopt the Senate language. It vote on the question of going to war. proaches. would immediately go to the Presi- What a tragedy if we did not have the The country has had an opportunity dent’s desk. It would be immediately sufficient intelligence or the accurate to see the approach sponsored by the signed by the President, and now 19 intelligence or the intelligence commu- gentleman from California (Mr. THOM- million children would be able to have nity did not truthfully give the facts AS) as chairman of the Committee on the same child tax credit refund that necessary to make an intelligent deci- Ways and Means, because Congress has the rich have been able to get by the sion that sent young men and women passed this measure two other times, President’s tax bill. But lo and behold, off to their deaths. and that is an insurance-based product, the very same party that has stood up I believe we owe the American people a defined benefit. We provide a cash as- and indicated that they are willing to the truth. The Congress is not going to sistance to beneficiaries to help them fight the deficit, they have now before do it. I understand there is a complete manage their drug bill and to make us an $82 billion jump of a tax cut that collapse in the other body with respect that assistance then targeted to those has all of the kitchen sink in it, and to bipartisan hearings on the question who need it. they want to keep the children of of what kind of intelligence was given We create this insurance pool for the America from getting their tax cut. to make the decision. Then forget purchase of drugs-only insurance which I hope we can work on this issue in a about it. Give the American people the the Federal Government would then bipartisan manner, Mr. Speaker. I hope truth. We need to have an independent underwrite. These are two different ap- the Committee on Rules right now will investigation, an outside commission, proaches. reject the proposal by the Committee and/or a special prosecutor, which I am The first approach that I mentioned, on Ways and Means, the Republican calling for and will make an official de- really, is there are five of us that have Committee on Ways and Means. This mand for it in the following days to come together and have drafted this potpourri of taxes that eliminates the come. approach. This insurance-based ap- opportunity for us to move quickly to I hope that we realize that truth to proach, though, really begins to con- the President’s desk with a clean, the American people is our obligation cern us. It concerns us because there

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.109 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5247 are not any willing carriers out there (Ms. SCHAKOWSKY) is recognized for 5 In my State, 674,000 children and who are going to step forward and say, minutes. 378,000 families are not smiling. Nearly well, we believe that there is insurable Ms. SCHAKOWSKY. Mr. Speaker, it 1 in 4 families in Illinois were left be- risk here and we will offer this product. is stunning to me that whenever Demo- hind. Now, of course, they say if we Really? They will offer the product if crats stand up on behalf of working take care of them we are just tax-and- the government becomes the guar- families that our colleagues on the spend. Tell me that we do not have antor, and then the real question is, other side of the aisle start shaking enough money when we are giving tax well, then does THE government have their finger and saying, oh, the tax- breaks like that to not only the to become the guarantor in order for and-spend Democrats. It is really wealthiest in the private sector but them to make a profit and deliver it? amazing and takes an incredible these individuals who are serving us We have a great concern about the amount of nerve for the Republicans to now as members of the Cabinet. viability of an insurance-based prod- still want to wear that jacket of fiscal Behind closed doors in final negotia- uct, and that is the reason five Mem- responsibility and to invoke it when we tions of the tax cut bill for million- bers of Congress have come together start talking about working families aires, the White House and Republican and we have drafted a completely dif- like this. leaders exterminated the child tax ferent approach. Let us remember that the President credit provision that would have helped What I would like to do is share the was handed a $5 trillion surplus, sur- families like the Johnstons and others principles of our approach. Our Medi- pluses as far as the eye could see. That making between $10,500 and $26,625. care prescription drug package pro- is gone, blew that; and now we are at That is the people that we are talking poses, number one, a generous assist- about a, according to the former Sec- about, people who in their lifetime it ance to low-income seniors and the dis- retary, they are charging about a $4 will take years and years and years to abled, a defined contribution. We have trillion projected deficit, a debt, on top earn what these individuals will get in a specifically defined assistance to all of that, and in a very short time we are 1 year in a tax cut. By eliminating that seniors that rely on income. We also almost $1 trillion in deficit. That provision, Republicans were guaran- have family-friendly participation means more money spent than we have teeing that millionaires like Secretary through a tax benefit. We also encour- brought in. Snow and Secretary Evans get their age participation by employers They like to talk about the war: Oh, full tax cut. through a tax benefit, and we also have we had to spend all that money on It did not take long for the American a stop-loss coverage for high-risk drugs homeland security. And indeed, we did, people to find out that their neighbors to all seniors. We also provide a bridge but let us remember that most of that and their friends got the short end of to comprehensive reform for long-term deficit is caused because we are giving the Republican tax cut stick, and that solvency that we call enhanced Medi- tax cuts to the wealthiest. is why the United States Senate was care, and what we are tying to do is Now the excuse is, well, this family, shamed into passing a Democratic pro- provide choices for seniors with lower the Johnstons who make only $19,000, posal to provide those low-income fam- prices in a private sector approach. they do not deserve a tax cut, they say, ilies with their well-deserved child tax What does all this mean? All this because they do not pay tax. Hello, credit that was removed in a secret means is that what we hope to accom- these are people who are paying a pay- deal by Vice President CHENEY. plish is that we turn to those in the roll tax. They pay sales tax, they pay They passed a restoration of the tax private sector to have what we call a excise taxes, like taxes on the gasoline cut for those lower-income families, value card, and these different groups, they buy to get to their jobs, and they working families by, 94–2. But what are companies could be approved by CMS, pay a payroll tax. we hearing on this side? Majority Lead- and they then, by virtue of their mem- Think for a minute. What are the er DELAY said, ‘‘It ain’t going to hap- bership and their purchasing power, only taxes that have not been reduced? pen.’’ Well, I want to say that I think they provide discounts. An individual We are not talking about dividend it ought to happen, I think it will hap- would have a discount card. They are taxes, most of the people who clip cou- pen, and we need to make it happen. automatically enrolled. They can opt pons, the taxes that they pay. We are f out, but they are automatically in. It not talking about the taxes on high in- PRESCRIPTION DRUG PRICES costs $30, and then government, based comes. We are talking about the taxes on their income, adds dollars to their that everyday working people pay. The SPEAKER pro tempore. Under a card, and then they are able to take That is what we are trying to do with previous order of the House, the gen- this card and they can swipe it down at the child tax credit, for families like tleman from Minnesota (Mr. GUT- the drugstore and they keep track of that, so that they can take it and buy KNECHT) is recognized for 5 minutes. the drugs for which they purchase. formula or baby food for this baby, so Mr. GUTKNECHT. Mr. Speaker, we Where we want to be family friendly that they can provide for her. And that have heard the word ‘‘outrage’’ used is often we say, parents, get active in is what we are trying to do. several times on the House floor, and I the lives of your children. Well, I also My colleagues notice this family is rise tonight to talk about the out- want to turn and say, children, get ac- not smiling, but I want to show them rageous prices that American con- tive in the lives of your parents. So if the face of some people who are, in sumers pay for prescription drugs. And you have an elderly parent who also fact, smiling. Why are they smiling? A I have behind me a chart, and I apolo- needs assistance to buy drugs, I do not report by the Committee on Govern- gize for those here on the floor and know why children are not getting ment Reform minority staff on the tax Members who may be watching on more involved in the lives of their par- bill found that Treasury Secretary their television sets, it is a little hard ents. What they can do is they can get Snow’s estimated dividend and capital to read. But I want to go through this a $4,000 tax deduction, and they can add tax savings is between $331,000 and because what it compares is what $4,000 then to their parents’ drug card. $842,000. That is a 1-year tax cut. No Americans pay, on average, and this We think this is being very family wonder he is smiling. varies because we have a very com- friendly. Secretary Evans could see between plicated average wholesale price situa- We also have a catastrophic coverage $68,000 and $595,000 in tax savings. tion formula they use here in the and we think that is important. And Vice President CHENEY, who is not in United States, but these are the aver- tomorrow, hopefully, there will be a the picture but is probably smiling at age prices, and these are prices that we Republican conference to cover both some undisclosed location, will reap actually checked ourselves. these proposals. $116,000 a year from the dividend cap- People have questioned some of the f ital gains provisions in the tax cut. In credibility of the sources that I have fact, the total tax savings for President used. So we did our own research and CHILD TAX CREDIT Bush, Vice President CHENEY, and the we went to Munich, Germany about a The SPEAKER pro tempore (Mr. Cabinet could be up to $3.2 million. If I month ago, and we bought 10 of the FEENEY). Under a previous order of the were a member of the Cabinet, I would most commonly prescribed drugs in the House, the gentlewoman from Illinois probably be smiling, too. United States. And let us run through.

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.113 H11PT1 H5248 CONGRESSIONAL RECORD — HOUSE June 11, 2003 Cipro, drug made by Bayer. They We can import world-class drugs. I ists. We went into Iraq and overthrew make the aspirin. They are a German am a Republican and I think that there Saddam Hussein. Certainly Israel company. In the United States, the av- is nothing wrong with the word ‘‘prof- should be encouraged to go after ter- erage price for 10 tablets, 250 milli- it,’’ but there is something very wrong rorists, not discouraged to go after ter- grams, $55. We bought it at the Munich with the word ‘‘profiteer.’’ I think it is rorists; and we should not set a double airport pharmacy for $35.12, American. right that Americans pay their fair standard for Israel, we should set the Coumadin. My 85-year-old father share of the cost for research in the same standard as we would set for our- takes Coumadin. In the United States world, but we should not have to sub- selves. the average price, $89.95. The price in sidize the starving Swiss. Munich, Germany, $21. We have an opportunity in the next Last week there was an agreement to Glucophage, a very popular drug, has several weeks to do something about try to proceed on a so-called road map done wonderful things for people who this. The greatest tragedy in America for peace in the Middle East, and all suffer from diabetes. Glucophage, $21.95 today is that roughly 29 percent of all parties agreed that the Palestinian in the United States, only $5 in Ger- seniors tell us that they have had pre- prime minister, the Israeli prime min- many. scriptions that went unfilled because ister and President Bush all talked Pravachol, $62.96 in Munich; $149.95 they could not afford these outrageous about going along the path to peace. here in the United States. prices. During that time the prime minister of The list goes on, Prozac, Synthroid, Shame on us. Shame on us. We Israel has dismantled some of the set- Tamoxifen, $60 in Germany; $360 in the should do something about that. We tlements, has talked about having United States. have the power to change this, and I peace with the Palestinians. And what Zocor, $41.20 in Munich; $89.95. It is think this year we finally will. was the response on the Palestinian the same drugs. b 1730 side? The three terrorist organizations, My father takes this Coumadin every Hamas, the Palestinian Islamic Jihad, day. It is a wonderful drug. Many The SPEAKER pro tempore (Mr. which is part of Arafat’s Fattah net- Americans take Glucophage, and the FEENEY). Under a previous order of the work, and Hezbollah, all got together Congress has spoken on this. We have House, the gentleman from Illinois and took credit for the assassination of (Mr. EMANUEL) is recognized for 5 min- statutes on the books that would allow five Israeli soldiers. That was the Pal- Americans access to these drugs at utes. estinian terrorists’ answer to peace. world market prices, but the FDA and Mr. EMANUEL addressed the House. The Palestinian prime minister, the Department of Health and Human His remarks will appear hereafter in Machmoud Abbas, who said he would Services, under first a Democratic ad- the Extensions of Remarks.) try to persuade the terrorists to have a ministration and now a Republican ad- f ministration, has said, oh, no, no, we cease-fire was not able to persuade ISRAEL SHOULD BE COMMENDED cannot do that, we cannot guarantee them at all. In fact, they rejected his FOR GOING AFTER TERRORISTS safety. calls for a cease-fire. Machmoud Abbas, So we are introducing a new bill and The SPEAKER pro tempore. Under a the Palestinian prime minister, then we want to deal with that issue be- previous order of the House, the gen- said he would not use force to try to cause we want Americans to have ac- tleman from New York (Mr. ENGEL) is get the terrorists to stop, he would cess to safe world-class drugs. recognized for 5 minutes. only try to persuade them. What I am holding in my hand is a Mr. ENGEL. Mr. Speaker, today an- I would say if Mr. Abbas, the Pales- counterfeit-proof package. There are other suicide bombing happened in tinian prime minister, is not going to companies right now that are helping Israel. Sixteen innocent people were attempt to use force to stop terrorists people, like our own Treasury who murdered and more than 150 were in- from committing terrorist acts, then jured. The terrorist group Hamas took helped develop the technology that Israel has the right to take matters credit for it and the cycle of violence goes into our new counterfeit-proof $20 into her own hands and to use force to continues. bill. They now have packaging which stop terrorists from committing these they are making for the pharma- Mr. Speaker, homicide bombers, sui- heinous acts. After all, since Mr. ceutical industry. For a cost of some- cide bombers cannot be tolerated. Rantisi is one of the leaders of Hamas where between 2 and 5 cents, they can Israel, as any other nation, must do ev- which kills innocent men, women, and make a blister-pack, counterfeit-proof erything it can to go after terrorists, package. to root out terrorism. As President children civilians, why should Mr. It goes beyond that. They are coming Bush said, there are no good terrorists, Rantisi think he is somehow immune out with new technologies that are not there are only bad; and every nation to some kind of attacks on his life? only counterfeit-proof, but it is tam- has an obligation to protect its citizens It is very important that Israel, the per-proof. So we can bring these drugs and go after the terrorists. United States, and all peace-loving in and the technology will get better to That is why it was so disheartening countries in the world go after ter- make these drugs safe. For example, I to hear President Bush say Israel’s at- rorism. And when nations go after ter- am holding in my hand a little vial, tempted attack on one of the biggest rorism, other nations should help and in this vial my colleagues cannot Hamas terrorists, Mr. Rantisi was not them, not say that it is unhelpful for see it, I can barely see it. Inside this helpful. I do not know whether a na- peace. Let us talk about the road map little vial are 150 microcomputer chips. tion ought to think about what is help- which everyone seems to be so ecstatic This is the next UPC code so that we ful or not when they are trying to pro- about. The road map will only work if actually embed it in packaging, so that tect their citizens. and when the Palestinians decide if and we can know where this product is We in the United States went half- when they are going to put an end to made, where it came from, everything way around the world to destroy the terror and not use terror as a negoti- we need to know about it. It can be Taliban in Afghanistan not because the ating tool, and the road map should be Taliban committed crimes against us, counterfeit-proof. It can be tamper- performance-based, not time-based. In but because the Taliban harbored al proof, and now it can be virtually fail- other words, the Palestinians have to Qaeda, which committed heinous acts safe. perform. They have to stop terrorism People say, well, what about safety? against us. If we are justified, and we before they get their state. If they do Every day we import thousands of tons are, in going halfway around the world not stop terrorism, they do not get of food, and the FDA is responsible for to destroy terrorists, surely Israel is their state. They should not merrily the food and drug safety in the United justified to do the same in her own States. We import tons and tons of backyard. After all, it was President march along to statehood in 2004 and food. Last year, we imported 318,000 Bush who said Osama bin Laden want- 2005 unless they end terrorism. tons of plantains, and somehow we eat ed dead or alive, and it was President Mr. Speaker, I think Israel should be those plantains every day, and we do Bush who talked about Saddam Hus- commended for going after terrorists. I not worry about the safety. sein and his connections with terror- think all nations should do the same.

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.115 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5249 PATIENT SAFETY AND FOREIGN development if we allowed foreign drug From Watergate to Iran contra, to PRESCRIPTION DRUGS prices to stymie its growth. the Gulf of Tonkin Resolution, we have The SPEAKER pro tempore. Under a More importantly, if we inject for- seen and experienced and learned from previous order of the House, the gen- eign drug prices and controls into the the peril of the executive branch’s use tleman from Texas (Mr. BURGESS) is United States, we will see less innova- of secrecy in the name of national se- recognized for 5 minutes. tion in this very promising new field of curity to accomplish unlawful decep- Mr. BURGESS. Mr. Speaker, I rise science. Most importantly, underlying tion and illegal acts. tonight to talk about patient safety all of the complex trade issues is one We face this issue again now in re- and the trade policy of this country as that ultimately impacts us all, and gard to Iraq’s weapons of mass destruc- it relates to foreign prescription drugs. that is patient safety. We want to en- tion and the flat assertions by the If I correctly recall, and do not trust sure that the drugs that our wives, President of the United States that my memory, we can all look it up, children, mothers, and fathers take are Saddam Hussein’s weapons of mass de- back in March of this year this House free of dangerous substances and that struction pose an imminent threat to overwhelmingly approved a bill that they work as advertised. Only our FDA the United States. After all, it was would improve patient safety and im- in this country can ensure the safety of these assertions that led many of the prove the quality of care delivered in drugs for American citizens. Members of the legislature, both in the this country. Some of my colleagues I think this House would be shirking House of Representatives and in the have asked us to consider a plan of im- its duty if we created a system that re- other body, to support the war, and so ported foreign prescription drugs into lied upon the action of regulatory offi- did many Americans. this country that would run counter to cials of Canada, Thailand, Belize, or So it is a significant question wheth- the vote cast by a majority in this Barbados to ensure the safety of Amer- er the President’s assurance was war- House not 4 months ago. ican patients. Allowing drug re- ranted by the evidence, whether he had Mr. Speaker, we must approach this importation from foreign countries something to back up these repeated problem with thoughtfulness and logic. would only be a signal to foreign drug assertions that the weapons of mass de- If we want to address the cost of pre- counterfeiters that it is open season on struction held by the former ruler of scription drugs in this country, we can the health and safety of American citi- Iraq were indeed an imminent threat to take several approaches to lower the zens. the United States. cost, but any options should not come Mr. Speaker, I could relate stories So where are these weapons of mass at the cost of patient safety. Some in from my medical practice where pa- destruction? One day the President as- this House believe that if Americans tients had what may be politely termed sured us that they will be found. The had the ability to purchase their drugs as therapeutic misadventures by the next day we are told that he only from Canada or Mexico or Belize or Eu- ingestion of drugs which were imported meant to claim that Iraq had programs rope or Mars, that the United States illegally from Mexico. The House can to develop weapons of mass destruc- market would adjust and reflect the approach the drug cost issues through tion, and that program was under way. importation of cheaper medicines. But far less shortsighted solutions than But then the day after that his spokes- let us be clear, foreign countries place permitting drug importation from for- man said never mind, even if Saddam price controls on their prescription eign countries. had no weapons imminently threat- drugs. Make no mistake, the pharma- ening us, he was a bad and evil person This means that the drugs purchased ceutical companies in this country who deserved to be destroyed. by Canadian citizens may be priced have an obligation to control their Now, these contradictions have lower than that which an American costs and be certain that any profits begun to be noted by more and more citizen will pay for the same compound they receive are reasonable. Without people, and I want to report that some because of that government’s artificial this, we will continue to hear the argu- in the public are changing their view market intervention; but by permit- ments for reimportation nightly on the about this war and what brought us ting the reimportation of drugs into House floor. The purchasing power of into it as American casualties mount this country, we effectively allow the the Federal Government should bring in Iraq, as violence and civilian strife importation of foreign price controls down the cost of safe pharmaceuticals grow worse there, and disease and hun- into the United States market as well. in this country. ger spread in the aftermath of war. This could be shortsighted, and it does Mr. Speaker, we should remember Now, whatever the ultimate final as- run counter to the free market system the admonition of a long-ago physician sessment is that will be made about that is established in this country. If to first do no harm. In this House, that Iraq, the fundamental problem that I drug reimportation becomes the estab- would be wise counsel to heed. bring to Members’ attention this lished policy in this country, the f evening is if the President deceives the United States would in essence be al- The SPEAKER pro tempore. Under a Congress and the public on an issue as lowing foreign governments to set the previous order of the House, the gen- sensitive as war or peace, it raises the prices for American products. tleman from New York (Mr. CROWLEY) greatest constitutional issues about If we truly believe in the power of the is recognized for 5 minutes. whether he is abusing his office, wheth- free market, we should remove the (Mr. CROWLEY addressed the House. er he is violating his oath, and whether market distortion of foreign price con- His remarks will appear hereafter in he is misleading the American people. trols which ensure that America’s sen- the Extensions of Remarks.) b 1745 iors and America’s uninsured pay the f highest price for their medications. It is particularly critical because this And what happens in countries that INFORMED CITIZENRY VERSUS President’s doctrine of preventive war, have adopted price controls? Compa- NEED FOR SECRECY never before employed by any of the nies have left those countries. High- The SPEAKER pro tempore. Under a preceding Presidents of this great skilled jobs are not available, and gov- previous order of the House, the gen- country, suggests that he may or will ernments have lost much-needed rev- tleman from Michigan (Mr. CONYERS) is be trying to persuade America to sup- enue. recognized for 5 minutes. port other preventive wars in the fu- Because of the stranglehold of regu- Mr. CONYERS. Mr. Speaker, a crit- ture. Will that campaign be based on lation in European countries, including ical problem that demands constant misrepresentation? price controls on pharmaceuticals, Eu- oversight in a democracy is the tension MISSING WEAPONS OF MASS DESTRUCTION: IS rope is lagging behind in its ability to between an informed Congress and an LYING ABOUT THE REASON FOR WAR AN IM- generate, organize, sustain innovative informed citizenry because both are PEACHABLE OFFENSE? processes that are increasingly expen- necessary for a democracy. That ten- (By John W. Dean) sive and organizationally complex. The sion is against the need for secrecy in President George W. Bush has got a very United States biotech industry in the some instances and in the interest of serious problem. Before asking Congress for last decade has had a meteoric rise, but national security. That is what I wish a Joint Resolution authorizing the use of we would place a chill on the industry’s to draw Members’ attention to today. American military forces in Iraq, he made a

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.118 H11PT1 H5250 CONGRESSIONAL RECORD — HOUSE June 11, 2003 number of unequivocal statements about the some of the most lethal weapons ever de- So there is all that? And how can we rec- reason the United States needed to pursue vised.’’—Address to the Nation, March 17, oncile the White House’s unequivocal state- the most radical actions any nation can un- 2003. ments with the fact that they may not exist? dertake—acts of war against another nation. SHOULD THE PRESIDENT GET THE BENEFIT OF There are two main possibilities. One that Now it is clear that many of his state- THE DOUBT? something is seriously wrong within the ments appear to be false. In the past, Bush’s When these statements were made, Bush’s Bush White House’s national security oper- White House has been very good at sweeping let-me-mince-no-words posture was con- ations. That seems difficult to believe. The ugly issues like this under the carpet, and vincing to many Americans. Yet much of the other is that the President has deliberately out of sight. But it is not clear that they will rest of the world, and many other Ameri- misled the nation, and the world. be able to make the question of what hap- cans, doubted them. pened to Saddam Hussein’s weapons of mass As Bush’s veracity was being debated at A DESPERATE SEARCH FOR WMDS HAS SO FAR destruction (WMDs) go away—unless, per- the united Nations, it was also being debated YIELDED LITTLE, IF ANY, FRUIT haps, they start another war. on campuses—including those where I hap- That seems unlikely. Until the questions Even before formally declaring war against pened to be lecturing at the time. Saddam Hussein’s Iraq, the President had surrounding the Iraq war are answered, Con- On several occasions, students asked me gress and the public may strongly resist dispatched American military special forces the following question: Should they believe into Iraq to search for weapons of mass de- more of President Bush’s warmaking. the President of the United States? My an- Presidential statements, particularly on struction, which he knew would provide the swer was that they should give the President matters of national security, are held to an primary justification for Operation Freedom. the benefit of the doubt, for several reason expectation of the highest standard of truth- None were found. deriving from the usual procedures that have fulness. A president cannot stretch, twist or operated in every modern White House and Throughout Operation Freedom’s penetra- distort facts and get away with it. President that, I assumed, had to be operating in the tion of Iraq and drive toward Baghdad, the Lyndon Johnson’s distortions of the truth Bush White House, too. search for WMDs continued. None were about Vietnam forced him to stand down First, I assured the students that these found. from reelection. President Richard Nixon’s statements had all been carefully considered As the coalition forces gained control of false statements about Watergate forced his and crafted. Presidential statements are the Iraqi cities and countryside, special search resignation. result of a process, not a moment’s thought. Frankly, I hope the WMDs are found, for it teams were dispatched to look for WMDs. White Hose speechwriters process raw infor- will end the matter. Clearly, the story of the None were found mation, and their statements are passed on missing WMDs is far from over. And it is too During the past two and a half months, ac- to senior aides who have both substantive early, of course, to draw conclusions. But is cording to reliable news reports, military pa- knowledge and political insights. And this not too early to explore the relevant issues. trols have visited over 300 suspected WMD all occurs before the statement ever reaches PRESIDENT BUSH’S STATEMENTS ON IRAQ’S sites throughout Iraq. None of the prohibited the President for his own review and possible weapons were found there. WEAPONS OF MASS DESTRUCTION revision. Readers may not recall exactly what Presi- Second, I explained that—at least in every BRITISH AND AMERICAN PRESS REACTION TO THE dent Bush said about weapons of mass de- White House and administration with which MISSING WMDS struction; I certainly didn’t. Thus, I have I was familiar, from Truman to Clinton— compiled these statements below. In review- statements with national security implica- British Prime Minister Tony Blair is also ing them, I saw that he had, indeed, been as tions were the most carefully considered of under serious attack in England, which he explicit and declarative as I had recalled. all. The White House is aware that, in mak- dragged into the war unwillingly, based on Bush’s statements, in chronological order, ing these statements, the President is speak- the missing WMDs. In Britain, the missing were: ing not only to the nation, but also to the WMDs are being treated as scandalous; so ‘‘Right now, Iraq is expanding and improv- world. far, the reaction in the U.S. has been milder. ing facilities that were used for the produc- Third, I pointed out to the students, these New York Times columnist Paul Krugman tion of biological weapons.’’—Untied Nations statements are typically corrected rapidly if has taken Bush sharply to task, asserting Address, September 12, 2002. they are later found to be false. And in this ‘‘Iraq has stockpiled biological and chem- that it is ‘‘long past time for this adminis- case, far from backpedaling from the Presi- ical weapons, and is rebuilding the facilities tration to be held accountable.’’ ‘‘The public dent’s more extreme claims, Bush’s press used to make more of those weapons. was told that Saddam posed an imminent ‘‘We have sources that tell us that Saddam secretary, Ari Fleischer had actually, at threat,’’ Krugman argued. ‘‘If that claim was Hussein recently authorized Iraqi field com- times, been even more emphatic than the fraudulent,’’ he continued, ‘‘the selling of manders to use chemical weapons—the very President had. For example, on January 9, the war is arguably the worst scandal in weapons the dictator tells us he does not 2003, Fleischer stated, during his press brief- American political history—worse than Wa- have.’’—Radio Address, October 5, 2002. ing, ‘‘We know for a fact that there are tergate, worse than Iran-Contra.’’ But most ‘‘The Iraqi regime . . . possesses and pro- weapons there.’’ media outlets have reserved judgment as the duces chemical and biological weapons. It is In addition, others in the Administration search for WMDs in Iraq continues. were similarly quick to back the President seeking nuclear weapons. Still, signs do not look good. Last week, up, in some cases with even more unequivo- ‘‘We know that the regime has produced the Pentagon announced it was shifting its cal statements. Secretary of Defense Donald thousands of tons of chemical agents, includ- search from looking for WMD sites, to look- Rumsfeld repeatedly claimed that Saddam ing mustard gas, sarin never gas, VX nerve ing for people who can provide leads as to had WMDs—and even went so far as to claim gas. where the missing WMDs might be. ‘‘We’ve also discovered through intel- he knew ‘‘where they are; they’re in the area ligence that Iraq has a growing fleet of around Tikrit and Baghdad.’’ Under Secretary of State for Arms Control manned and unmanned aerial vehicles that Finally, I explained to the students that and International Security John Bolton, could be used to disperse chemical or biologi- the political risk was so great that, to me, it while offering no new evidence, assured Con- cal weapons across broad areas. We’re con- was inconceivable that Bush would make gress that WMDs will indeed be found. And cerned that Iraq is exploring ways of using these statements if he didn’t have damn he advised that a new unit called the Iraq these UAVS for missions targeting the solid intelligence to back him up. Presidents Survey Group, composed of some 1,400 ex- United States. do not stick their necks out only to have perts and technicians from around the world, ‘‘The evidence indicates that Iraq is recon- them chopped off by political opponents on is being deployed to assist in the searching. stituting its nuclear weapons program. Sad- an issue as important as this, and if there But, as Time magazine reported, the leads dam Hussein has held numerous meetings was any doubt, I suggested, Bush’s political are running out. According to Time, the Ma- with Iraqi nuclear scientists, a group he calls advisers would be telling him to hedge. Rath- rine general in charge explained that his ‘‘nuclear mejahideen’’—his nuclear holy er than stating a matter as fact, he would ‘‘[w]e’ve been to virtually every ammunition warriors. Satellite photographs reveal that say: ‘‘I have been advised,’’ or ‘‘Our intel- supply point between the Kuwaiti border and Iraq is rebuilding facilities at sites that have ligence reports strongly suggest,’’ or some Baghdad,’’ and remarked flatly, ‘‘They’re been part of its nuclear program in the past. such similar hedge. But Bush had not done simply not there.’’ so. Iraq has attempted to purchase high- Perhaps most troubling, the President has strength aluminum tubes and other equip- So what are we now to conclude if Bush’s statements are found, indeed, to be as gross- failed to provide any explanation of how he ment needed for gas centrifuges, which are could have made his very specific state- used to enrich uranium for nuclear weap- ly inaccurate as they currently appear to have been? ments, yet now be unable to back them up ons.’’—Cincinnati, Ohio Speech, October 7, with supporting evidence. Was there an Iraqi 2002. After all, no weapons of mass destruction ‘‘Our intelligence officials estimate that have been found, and given Bush’s state- informant thought to be reliable, who turned Saddam Hussein had the materials to ments, they should not have been very hard out not to be? Were satellite photos inno- produce as much as 500 tons of sarin, mus- to find—for they existed in large quantities, cently, if negligently, misinterpreted? Or tard and VX nerve agent.’’—State of the ‘‘thousands of tons’’ of chemical weapons was his evidence not as solid as he led the Union Address, January 28, 2003. alone. Moreover, according to the state- world to believe? ‘‘Intelligence gathered by this and other ments, telltale facilities, groups of scientists The absence of any explanation for the gap governments leaves no doubt that the Iraq who could testify, and production equipment between the statements and reality only in- regime continues to possess and conceal also existed. creases the sense that the President’s

VerDate Jan 31 2003 05:15 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.073 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5251 misstatements may actually have been in- Graham suggested that the Administration, ask the question of what is happening tentional lies. by cherrypicking only evidence to its own to our government. Why are our fellow INVESTIGATING THE IRAQI WAR INTELLIGENCE liking, had manipulated the information to citizens withholding information from REPORTS support its conclusion. Recent statements by one of the high-level us, even from Members of Congress? Even now, while the jury is still out as to officials privy to the decisionmaking process Why are some of the agencies that are whether intentional misconduct occurred, that lead to the Iraqi war also strongly sug- designed to help us seemingly working the President has a serious credibility prob- gests manipulation, if not misuse of the in- against us? It is all our government. lem. Newsweek magazine posed the key ques- telligence agencies. Deputy Secretary of De- I am a little bit astounded at having tions: ‘‘If America has entered a new age of fense Paul Wolfowitz, during an interview to come here and again tell the story pre-emption—when it must strike first be- with Sam Tannenhaus of Vanity Fair maga- about what happened when the Texas cause it cannot afford to find out later if ter- zine, said: ‘‘The truth is that for reasons that legislature ran amuck, when members rorists possess nuclear or biological weap- have a lot to do with the U.S. government ons—exact intelligence is critical. How will of that legislative body began to re- bureaucracy we settled on the one issue that spond to actions there that have been the United States take out a mad despot or everyone could agree on which was weapons a nuclear bomb hidden in a cave if the CIA of mass destruction as the core reason.’’ reflective of what the United States can’t say for sure where they are? And how More recently, Wolfowitz added what most House of Representatives has been, will Bush be able to maintain support at have believed all along, that the reason we very divisive, very unfortunate, where home and abroad?’’ went after Iraq is that ‘‘[t]he country swims people get to the point where they feel In an apparent attempt to bolster the on a sea of oil.’’ like they are not allowed to be a part President’s credibility, and his own, Sec- WORSE THAN WATERGATE? A POTENTIAL HUGE of the process and they have to rebel retary Rumsfeld himself has now called for a SCANDAL IF WMDS ARE STILL MISSING Defense Department investigation into what against the system by looking for par- went wrong with the pre-war intelligence. Krugman is right to suggest a possible liamentary procedure to try to send comparison to Watergate. In the three dec- New York Times columnist Maureen Dowd their point or make their point or get ades since Watergate, this is the first poten- finds this effort about on par with O.J.’s their message out. Fifty-five brave tial scandal I have seen that could make Wa- looking for his wife’s killer. But there may men and women allowed their backs to tergate pale by comparison. If the Bush Ad- be a difference: Unless the members of the ministration intentionally manipulated or be pushed up against the wall for Administration can find someone else to misrepresented intelligence to get Congress months and finally could take it no blame—informants, surveillance technology, to authorize, and the public to support, mili- more and broke the quorum of the lower-level personnel, you name it—they tary action to take control of Iraq, then that Texas legislature to stop that from may not escape fault themselves. would be a monstrous misdeed. happening there. And then, lo and be- Congressional committees are also looking As I remarked in an earlier column, this into the pre-war intelligence collection and hold, what happened following it start- Administration may be due for a scandal. ed all sorts of things to happen that in- evaluation. Senator John Warner (R–VA), While Bush narrowly escaped being dragged chairman of the Senate Armed Services into Enron, it was not, in any event, his clude Federal agencies becoming in- Committee, said his committee and the Sen- doing. But the war in Iraq is all Bush’s volved in investigations to look for ate Intelligence Committee would jointly in- doing, and it is appropriate that he be held missing Texas legislators. vestigate the situation. And the House Per- accountable. The people of this country ought to manent Select Committee on Intelligence To put it bluntly, if Bush has taken Con- be outraged that Federal agencies de- plans an investigation. gress and the nation into war based on bogus signed to protect us, designed to do These investigations are certainly appro- information, he is cooked. Manipulation or priate, for there is potent evidence of either good for us, were called into a political deliberate misuse of national security intel- fray in the State of Texas, and since a colossal intelligence failure or mis- ligence data, if proven, could be ‘‘a high conduct—and either would be a serious prob- crime’’ under the Constitution’s impeach- that time Members of Congress have lem. When the best case scenario seems to be ment clause. It would also be a violation of asked repeatedly of the Department of mere incompetence, investigations certainly federal criminal law, including the broad fed- Homeland Security, the Justice De- need to be made. eral anti-conspiracy statute, which renders partment, and the transportation agen- Senator Bob Graham—a former chairman it a felony ‘‘to defraud the United States, or cy for information that would give us a of the Senate Intelligence Committee—told any agency thereof in any manner or for any better understanding of who played CNN’s Aaron Brown, that while he still hopes purpose.’’ what role in this Federal Government they find WMDs or at least evidence thereof, It’s important to recall that when Richard being involved in an issue that was a he has also contemplated three other pos- Nixon resigned, he was about to be im- sible alternative scenarios: ‘‘One is that [the peached by the House of Representatives for political one in the State of Texas and WMDs] were spirited out of Iraq, which misusing the CIA and FBI. After Watergate, finding funds that we know are already maybe is the worst of all possibilities, be- all presidents are on notice that manipu- very short for us. We do not know how cause now the very thing that we were try- lating or misusing any agency of the execu- we are going to be paying for all of the ing to avoid, proliferation of weapons of tive branch improperly is a serious abuse of many, many needs that our homeland mass destruction, could be in the hands of presidential power. security faces. We are very short-fund- dozens of groups. Second, that we had bad in- Nixon claimed that his misuses of the fed- ed as it is. telligence. Or third, that the intelligence eral agencies for his political purposes were Yet we could find the money, the was satisfactory but that it was manipu- in the interest of national security. The time, the effort, the personnel, the lated, so as just to present to the American same kind of thinking might lead a Presi- people and to the world those things that dent to manipulate and misuse national se- equipment to track an airplane across made the case for the necessity of war curity agencies or their intelligence to cre- the country of a member, a little cot- against Iraq.’’ ate a phony reason to lead the national into ton farmer out in west Texas who was Senator Graham seems to believe there is a politically desirable war. Let us hope that going off to Ardmore, Oklahoma, and a serious chance that it is the final scenario is not the case. stopped off to see his mother. If he had that reflects reality. Indeed, Graham told not done that, they would have prob- f CNN ‘‘there’s been a pattern of manipulation ably found him. To have agencies re- The SPEAKER pro tempore (Mr. BURGESS). by this administration.’’ spond in the way that they have, there Graham has good reason to complain. Ac- Under a previous order of the House, the gen- cording to the New York Times, he was one tleman from Ohio (Mr. STRICKLAND) is recog- is something wrong with this picture. of the few members of the Senate who saw nized for 5 minutes. The people of this country truly ought the national intelligence estimate that was (Mr. STRICKLAND addressed the to be outraged. the basis for Bush’s decisions. After review- House. His remarks will appear here- It has been over 3 weeks now since we ing it, Senator Graham requested that the after in the Extensions of Remarks.) began to ask formally of these agen- Bush Administration declassify the informa- f cies, give us the information that you tion before the Senate voted on the Adminis- have, show us surveillance tapes, give tration’s resolution requesting use of the CONTROVERSY INVOLVING TEXAS us tapes of phone messages. Even the military in Iraq. LEGISLATURE Director of Homeland Security indi- But rather than do so, CIA Director Tenet The SPEAKER pro tempore. Under a cated that it was a potential criminal merely sent Graham a letter discussing the findings. Graham then complained that Te- previous order of the House, the gen- investigation that is going on and that net’s letter only addressed ‘‘findings that tleman from Texas (Mr. LAMPSON) is was the excuse for not turning over supported the administration’s position on recognized for 5 minutes. some of this information at the time. Iraq,’’ and ignored information that raised Mr. LAMPSON. Mr. Speaker, I find it Ladies and gentlemen, it is time for questions about intelligence. In short, a little astounding that I come here to us as a body, as a Congress, to stop this

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.076 H11PT1 H5252 CONGRESSIONAL RECORD — HOUSE June 11, 2003 kind of action in the United States of lation of the law, a criminal tracking improper and illegal. Further, the de- America, whether it happens to Texas system was used. The Department of struction of records by DPS, which or Louisiana or Michigan or any other Homeland Security has now admitted limits the ability to determine the ex- State in this Nation, and we truly that the department has in its posses- tent of Federal involvement, coupled ought to be outraged and stand up and sion certain audiotapes, transcripts, with the refusal by the Department of say we are not going to stand for that and other documents concerning its Homeland Security and Tom Ridge to secrecy anymore. Let the agencies that contacts with Texas DPS officials. In produce its records, are matters of exist as a part of our government give spite of this admission, the department great concern. us the information that we need to has failed and refused and still fails Mr. Ridge, stop the cover-up. Release know that our government is working and refuses to release this information. the information. We want full and com- in our behalf and not working against Disturbingly, Mr. Speaker, now the plete audiotapes of all conversation, us; that we are not having some kind of Secretary of Homeland Defense has ad- full and complete copies of all commu- a political soiree in this country that mitted that there is an ongoing crimi- nications, tapes, videotapes, record- is going to allow power to be held by a nal investigation into this matter. But ings, letters, notes, documents, sched- few at the expense of so very, very it only gets worse. Now we learn the ules, summaries, indices, written many. FBI has been involved. Initially the records of every sort, full and complete We even had destroyed documents FBI denied involvement. Now they copies of all communications, full and over time. What is there to hide? If have admitted otherwise. On May 13, complete original files, full and com- there is nothing on the tapes that is in- the Houston Chronicle reported, plete records of telephone calls and criminating to anyone, then make it ‘‘Spokesmen for the Justice Depart- contacts, full and complete records of public and let us see them. If there is ment and the FBI indicated those agen- any and all persons, Federal officials, something there, as certainly the indi- cies likely would have no reason to as- State officials, law enforcement per- cation is starting to be—why else is sist the State officers in apprehending sonnel, agencies or entities that have there a cover-up—then perhaps there the Democrats.’’ On that same date, ‘‘A contacted or been contacted by Home- may be criminal activity. Something is Justice spokesman said Tuesday he land Security. wrong with this picture and something knew of no role for the department.’’ Mr. Ridge should be advised further is going wrong with our government. It Later on that date, ‘‘FBI spokesman that the U.S. Congress may request the is time for us to begin to ask the ques- Bill Carter said he was unaware of any production of additional information tions and demand the answers from all request for that agency to assist. ‘I as a result of his testimony. We will ex- of the agencies that can tell the citi- don’t know of any authority that pect him to acknowledge under oath zens of this country that we are not would allow us to even contemplate that no records have been altered, de- going to be living in a police state, getting involved.’ ’’ leted, destroyed, redacted or otherwise that we are going to be able to all par- But, Mr. Speaker, the story begins to withheld in whole or in part. It is crit- ticipate in making the policy of this change. A couple of days later, on June ical that we request a subpoena and a Nation and the policy of our States, 5, the FBI denied participation but subpoena duces tecum be issued forth- and that we are not going to have to they did not know what was about to with and this information be brought fight our way through the darkness of come out, because State Representa- before the United States Congress. night in order to play the role that we tive Juan Manuel Escobar reported he The Department of Public Safety de- so rightly deserve. got a cellular phone call from Corpus stroyed records. Homeland Security f Christi-based FBI Special Agent David has admitted to possessing and with- Troutman asking whether State Rep- holding audiotapes and other informa- TEXAS LEGISLATIVE CON- resentative Gabi Canales was with him. tion. They have now admitted that a TROVERSY AND POSSIBLE FED- ‘‘The FBI was conducting no surveil- criminal investigation is ongoing. The ERAL INVOLVEMENT lance at all,’’ said Special Agent Bob FBI claimed to be not involved in any The SPEAKER pro tempore. Under a Doguim. But listen. He said, ‘‘I’m not way. Now we learn of telephone calls to previous order of the House, the gen- saying no call took place.’’ Later they and from the FBI. tleman from Texas (Mr. SANDLIN) is said, ‘‘An FBI spokesman said agency Mr. Speaker, is this just what we recognized for 5 minutes. action was nothing really uncommon.’’ might call another third-rate burglary? Mr. SANDLIN. Mr. Speaker, we are Dallas Morning News, June 6. Mr. Ridge, stop the cover-up. Release calling today on Secretary Ridge to un- Yesterday, Mr. Speaker, we learned the information. Come clean with the cover the cover-up. What have you got that phone records for Deputy Attor- United States Congress and the Amer- to hide? ney General Jay Kimbrough show a 5 ican public. On May 11, 2003, Mr. Speaker, a num- minute 16 second phone call at 4:24 p.m. f ber of Democratic members of the May 12 to an Ardmore, Oklahoma, FBI Texas House of Representatives ab- office. That is after State officials ANOTHER TERRORIST ATTACK IN sented themselves from the floor of the learned that the Federal Aviation Ad- JERUSALEM State House in Austin, Texas, in a ministration had tracked the plane of The SPEAKER pro tempore. Under a proper procedural move to defeat a one of the missing lawmakers. A half previous order of the House, the gentle- quorum in that body. Subsequently, on hour later the records show a return woman from California (Mrs. CAPPS) is that same date, the Speaker of the phone call, 2 minutes 16 seconds, from recognized for 5 minutes. Texas House of Representatives, Tom the FBI office to Mr. Kimbrough. Mr. Mrs. CAPPS. Mr. Speaker, the news Craddick, ordered the Texas Depart- Kimbrough is head of Homeland Secu- from Jerusalem today is horrifying. ment of Public Safety, the troopers, to rity in Texas. After the FBI saying Another terrorist attack on a civilian locate the absent legislators and return they had nothing to do with it, now we bus. So many dead. Many more are in- them to the capitol. The DPS there- have got the phone records. Now we are jured and even more are bereaved. To- upon took steps to locate the law- getting to the truth. day’s atrocity follows and may have makers and contacted the U.S. Depart- Additionally, at the State level, on been in response to an attack yester- ment of Homeland Security, charged May 14, the Texas DPS ordered the de- day on a Hamas leader in Gaza which with defeating terrorism, and asked for struction of all notes, photos, cor- injured its target but killed innocent Federal assistance. They have now had respondence and other records relating victims. When will this cycle of vio- to admit and acknowledge that they to the members of the House of Rep- lence end? Not even a week has passed contacted the Air and Marine Interdic- resentatives and the order specifically since the President received the com- tion Coordination Center, a depart- contained the words ‘‘retain no cop- mitment of Ariel Sharon and Abu ment within DHS, seeking information; ies.’’ Mazen to do everything in their power and they acknowledge they used Fed- In brief, it is our position that any to stop the killing and pursue the path eral resources to respond to this re- effort to use Federal law enforcement of negotiations. Instead, we have ter- quest in spite of the fact that it is a or Homeland Security resources to par- rorist attacks, attempted assassina- State political matter. In fact, in vio- ticipate in a State political matter is tions, horrific retaliations and more

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.123 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5253 bloody reprisals. Last week’s optimism under this administration. Well, to- SHORTCHANGING VETERANS has yielded to this week’s despair. morrow we are going to add another The SPEAKER pro tempore. Under a I urge President Bush to make it layer of frosting on the cake, and ev- previous order of the House, the gen- clear to both sides that the United erybody will come with their stamp in tleman from Ohio (Mr. RYAN) is recog- States will continue to insist on the their hand and do it. nized for 5 minutes. terms agreed to at the Aqaba summit, Now, we also had a discussion here Mr. RYAN of Ohio. Mr. Speaker, I am an end to the violence, the dismantling with one of the gentlemen from Geor- a new Member of this body, I was just of the illegal outposts and the resump- gia who said next week we are going to sworn in in January, and as a new tion of security cooperation. Clearly, deal with the issue of Medicare. There Member there is a certain awe to this Abu Mazen must do much more to stop has been no bill put in the Congress for Chamber, a certain awe to the legisla- terrorism. But it is obvious that he the single largest program in the Con- tive process and the idea of priorities. cannot stop the murderous Palestinian gress that the government runs, and You come into this body with the no- extremists without help from Israel. that is the Medicare program. The tion of certain priorities that are not And Israel will never succeed in van- Committee on Ways and Means that I Democratic, they are not Republican quishing terrorism through military sit on has had not a single hearing on but they are priorities of the American force and continued occupation. A po- the proposal that is being brought in people. litical solution is the only answer. here. It is being greased somewhere to Unfortunately, it did not take very The road map to peace has hit a tre- take up to the Committee on Rules and long for me to recognize that we all do mendous obstacle. But we have no run down here on the floor, and, in a not share the same priorities. We can choice but to persevere. If this initia- couple of hours, everybody will bring talk about tax cuts, and we can talk tive is destroyed, Israelis and Palestin- their stamp out and go, Boom, I ap- about deficits, and we can talk about ians may be doomed to a life of vio- prove of everything George Bush does. our debt; but you just do not have tax lence and suffering forever. Such a fate That is what this Congress is about, cuts without some reaction somewhere is not what these two peoples deserve, approving whatever George Bush does. down the line in the budget, and I and it is surely not what America can Nothing else. There is no thinking wanted to speak tonight to share with afford. going on in here. They just wait for the American people and share with The SPEAKER pro tempore. Under a pre- their orders from the White House, go my colleagues my own personal experi- vious order of the House, the gentleman from up to the Committee on Rules, slap the ence that I had over the last few weeks, Illinois (Mr. DAVIS) is recognized for 5 min- bill together, bring it to the floor, and really since Memorial Day, back in my utes. stamp it ‘‘approved.’’ district, which is northeastern Ohio, (Mr. DAVIS of Illinois addressed the Now, that is no way for the United Youngstown and Akron, Ohio, and ev- House. His remarks will appear here- States Congress to operate. We were erywhere in between, the cities of Niles after in the Extensions of Remarks.) made in the first section of the Con- and Warren, where there is a strong f stitution because the founders of this concentration of veterans. country believed that the Congress was The reason I rise tonight is to share b 1800 where the basis of our government for the record the feelings, the emo- RUBBER-STAMPING TAX should derive, that there should be dis- tions of the people back in my district. LEGISLATION cussion among the 535 Members of both Let me just say, quite frankly, that The SPEAKER pro tempore (Mr. bodies as to what is going to happen in they are tired of the public relations gimmicks, they are tired of the press FEENEY). Under a previous order of the this country. conferences, they are tired of the salu- House, the gentleman from Washington But this time we are in a one-party government. It is a parliament with a tations to the veterans. Meanwhile, (Mr. MCDERMOTT) is recognized for 5 fixed-end, and this party is President back at the ranch, their budgets are minutes. Bush, the Senate and the House; and being cut for the veterans, we are not Mr. MCDERMOTT. Mr. Speaker, to- they run them down here and run them able to service all the veterans that are morrow we are going to have another through and stamp them, and that is beginning to move into the VA system, session of the rubber stamp Congress. the end of it. and we are spending our tax money, There is an old song by Tennessee Now, there is a serious problem in and borrowing more money, to give Ernie Ford that goes, ‘‘You load 16 that kind of government, because it back, when we are cutting short what tons, and what do you get? Another makes it very partisan. I was told that the veterans deserve. day older and deeper in debt.’’ the Medicare bill is written, but that About 3 months ago or so we passed This Congress at a Committee on you have to ask the chairman to go up a resolution out of this body saying Rules meeting tonight, the Committee to a room and sit there and read it in that we have unequivocal support and on Ways and Means chairman did not the room. You cannot take it out; you appreciation for our troops. Unequivo- even show up. The bill was all greased. cannot take it to your office. I am a cal. But for the veterans, we are going We are going to pass $80 billion more of Member of Congress. I was elected by to cut your budget. debt out of here tomorrow. 690,000 people, and so was every other We just had a Committee on Vet- Now, the Democrats offered a bill Member. But I am not allowed to read erans Affairs meeting. I have been for- that would have cost $3.5 billion to the bill until the day they drop it up tunate to serve on the Committee on take care of those people earning be- here in the committee and ram it Veterans Affairs. Here are the Presi- tween $10,500 and $26,500. through the House in 24 hours. dent’s recommendations to save money When the Republicans got this bill, People I go home to, they say, What at the VA: first, annual fees for some they said, Oh, boy: Let’s go, and so is in the bill, Jim? What does this do, Category 7 veterans; annual fees for all they have crammed everything in it what does that do? Category 8 veterans; the co-pay went that President Bush wants. They are I do not know. And it is not because from just a couple of dollars to $7 for going to come down here, and we will I will not read or I am not smart or I prescription drugs, and now it is going have about an hour’s debate, half an will not work or I will not do what has to go, I believe the proposal is, from $7 hour on the Democratic side, half an to be done, but this is the way this to $15. hour on the Republican side; and they place is being run. People are not being Mr. Speaker, I think in this country will stamp that baby and out she goes. given a chance to discuss this. we are beginning to recognize that the That is how this Congress is operating. We have got an even bigger issue, and leadership down here is not addressing Not one single hearing will have oc- that is the whole issue of how we got the problems of our veterans. We are curred on this bill, not one single hear- into war. Everywhere in Great Britain not taking care of those people who we ing. $80 billion in a half-hour. right now the belief is that Tony Blair sent to hell, where they lost limbs, had Think about it. That is why my col- is toast. The liberals are calling for an their health damaged for the rest of league, the gentleman from Mississippi inquiry. And this House will not do it, their lives. And now one proposal is to (Mr. TAYLOR), came out here, to show because the Republicans have rubber- say if your disability is service-related the almost—$1 trillion in debt that has stamped what we did, ‘‘I approve of Mr. under 30 percent, that we are no longer been accumulated over the last 2 years Bush.’’ going to cover you.

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.125 H11PT1 H5254 CONGRESSIONAL RECORD — HOUSE June 11, 2003 Where are the priorities in this rity-covered military earnings, that expenses through SBP, occasionally Chamber, where are the priorities in would reduce her benefits. With Social dipping into her savings for major bills. this country, when we stop respecting Security survivor benefits and the re- However, Donna will soon be 62, and our veterans? That is the question that duced SBP annuity, her total income is still has not received notification as to we have, that is the question that the $384 a month less than she and Roger the exact amount of the offset. She ex- American people want answered, and thought she would have to live on. pects that it may be more than $6,000 a that is what the veterans in the 17th Dottie thinks the Social Security off- year, $500 a month. She then will be Congressional District want answered. set is just plain wrong. No one will tell forced to draw from her savings more When did we stop respecting our sol- her why it is there and why it is so and more. diers? large. Her husband, Roger, only had 5 Mr. Speaker, this is not the intent of We pass resolutions, we thank, we do years of military service covered by the original legislation. It is every press conferences, we turn the PR ma- Social Security. family’s fear that their loved ones may chines on; but meanwhile, we have vet- Dottie Welch’s case highlights one face financial hardship following their erans that we have not taken care of. significant inequity of the military death, and in Donna’s case, that fear The ones I can speak of in northeast SBP and the reason why so many retir- has become reality. In her words, ‘‘This Ohio are extremely upset. We talk ees and survivors are upset about its country owes military families, for about tax cuts; but as Tom Friedman current situation. which they have dedicated their entire talked about today in The New York Unfortunately, this is only the first lives.’’ Times, the reality is, it is service cuts, of several ways that Uniform Service Please join us in supporting H.R. 548, and, unfortunately, in America we Survivor Benefits relative to premiums the Military Survivors Benefit Im- have shown that the priorities are not being paid fall far short of what retir- provement Act of 2003. Join us in re- the veterans. ees and survivors were promised and storing justice for those enrolled in I had an old law school professor that what is afforded survivors of other Fed- this plan for our Nation’s military per- said follow the money and you will fol- eral retirees. sonnel, their devoted spouses, and their There are three major SBP inequi- low the priorities. The money is being loving families. ties. But before I go into those inequi- cut from the veterans, and that shows Mr. MILLER of Florida. Mr. Speaker, ties tonight, I would like to pause for a us that the priorities here in this body I thank my good friend, the gentleman moment and recognize my good friend from South Carolina (Mr. WILSON), for and in this country are not for the vet- from South Carolina (Mr. WILSON), who his comments and his support of veterans, but they are for those people has been a stalwart supporter of the erans’ issues. I also wish to add my who are going to be getting the big tax veterans of this country. congratulations and best wishes to him cuts. It is not a Democrat or Repub- I yield to the gentleman. as he very soon becomes one of those lican thing, and we are all for tax cuts, Mr. WILSON of South Carolina. Mr. retirees after serving many years in we all want to give money back, but Speaker, it is an honor to be here to- the Army Guard in his home State. not at the expense of the veterans who night to join my friend, the gentleman Mr. Speaker, there are three major have fought to give us the freedoms from Florida (Mr. MILLER), who has au- SBP inequities. One is that thousands that we enjoy today. thored H.R. 548, the Military Survivors of people who bought SBP coverage f Benefit Improvement Act of 2003. The were not briefed that most survivors’ BEING FAIR TO VETERANS gentleman is a champion of veterans SBP annuities would be reduced sub- and veterans’ spouses because his Pen- stantially after age 62; two, the 40 per- The SPEAKER pro tempore. Under sacola community has some of the cent government subsidy envisioned by the Speaker’s announced policy of Jan- highest concentrations of veterans in Congress and touted by the services to uary 7, 2003, the gentleman from Flor- America. I am particularly happy to encourage retirees’ participation has ida (Mr. MILLER) is recognized for 60 see his efforts, because I am a veteran plunged to 17 percent; three, the gov- minutes as the designee of the major- myself. ernment provides Federal civilian sur- ity leader. Under the current plan, thousands of vivors a substantially higher share of Mr. MILLER of Florida. Mr. Speaker, retirees and spouses who enrolled in retired pay for life with no benefit re- I was hoping that my colleague would the original survivors benefit plan have duction at any age. remain in the Chamber for the next come to receive approximately 23 per- The impact of these inequities is, as hour while we talk a little bit about cent less coverage than they had ini- Members can imagine, devastating to exactly what the Committee on Vet- tially anticipated. Since its inception, many survivors, because SBP is not ex- erans Affairs has done and the discus- the government’s cost share has stead- actly a king’s ransom at 55 percent of sion of the cuts that are being made to ily dwindled from 40 percent to 17 per- retired pay. At 35 percent, SBP pro- the veterans budget. We will get into cent. It is our intention to revise the vides only a poverty level or lower an- that a little bit later. But tonight I plan in order to reinstate the original nuity for most survivors, even those of want to talk about something called coverage offered by the 1972 version of relatively senior officers. SBP, and we will discuss it in great the survivor benefits plan. So I am here tonight to provide more length. But I want to introduce you to specifics on how the military SBP pro- somebody first. Her name is Dottie b 1815 gram is not providing, is not providing Welch. I believe there is no better way to the level of protection military sur- Dottie’s story goes something like convey the importance of this legisla- vivors need and deserve and were ex- this: When Lt. Colonel Roger Welch of tive revision than to examine the hard- pecting; and why my bill, H.R. 548, the the United States Army retired and ships felt by a South Carolina family Military Survivors Benefit Improve- signed up for the military survivor ben- who put their trust and their money in ment Act of 2003, is what is needed now efit plan, better known now as SBP, the original version of the 1972 sur- to fix the current problem. years ago, he was told that in the event vivors benefit plan. The first issue that we need to dis- of his death, SBP would pay his wife, Donna Fleming of Mt. Pleasant in cuss tonight is something that I call Dottie, 55 percent of his retirement pay Charleston County, South Carolina, be- the benefit reduction shock. It is infor the rest of her life. came a widow in 1998. Her husband had credulous to many that such an impor- When he signed an irrevocable agree- served in the United States Army and tant feature of SBP, the reduced age 62 ment to pay annually-increasing SBP upon retirement had sought the bene- annuity that applies to the vast major- premiums for the rest of his life, he did fits of SBP. Like many Americans en- ity of military survivors, was never ex- not know that his wife’s future SBP rolled in the plan, the couple was un- plained to retirees being asked to sign benefit actually would be one-third less aware of the age 62 offset benefit reduc- up for the program in the seventies and than what they were led to believe. tion provision, and were subsequently in the early eighties, but it is true. When Roger died in June of 2002, confronted with the news of the offset I have in my hand a copy of the ac- Dottie was dismayed to learn that years later. tual SBP Election Form 5002 signed by there would be an offset, an offset Donna’s husband has since passed, a retired member in 1982 in two dif- based on her husband’s Social Secu- and she has managed to meet her daily ferent places. It specifies that SBP will

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.128 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5255 pay the survivor 55 percent of the selves under this kind of stress while tirees, while the latter benefits the sur- member’s retired pay. Nowhere, even in getting over the death of their spouse vivors. Since retiree premiums were re- the fine print, does it mention any and trying to do something with the duced to restore the 60/40 balance in lower figure. We can only speculate large bills that were facing them. 1990, Congress should restore the gov- about how or why this key fact was In an attempt to reduce this kind of ernment’s intended 40 percent cost omitted, but it hardly matters now to confusion, in 1985 Congress established share by raising the benefit for sur- those who were misled by the forms a two-tier system, not linked to Social vivors. My bill does exactly that. and by the briefings. Security, that actually provides an Now, the third issue. It is the mili- Certainly, the offset was extremely SBP survivor 55 percent of retired pay tary-civilian inequity. No less compel- complicated for retirement counselors until age 62, and 35 percent after that ling than the misleading of enrollees to explain, and it was almost impos- age. But making the age 62 reduction and the decline of the intended subsidy sible to tell any particular retiree at clear for the post-1985 retirees did not is the stunning disparity that exists that point what SBP amount his or her make it any fairer, and it did not between benefits and subsidy levels the survivor would actually receive after change the fact that thousands upon government offers military versus Fed- attaining the age of 62. thousands of earlier participants had eral civilian survivors. For members who attained retire- not been told of the age 62 annuity re- In contrast to the military SBP sub- ment eligibility before 1985, the offset duction. sidy of, remember, 17 percent, cur- represented the amount of the sur- Also in 1985, Congress shocked the rently, the SBP for Federal civilian vivors’ Social Security benefit that survivor community by repealing the employees under the post-1984 Federal was attributable to the Member’s So- 1984 legislation that would have barred Employee Retirement System provides cial Security-covered military earn- any SBP Social Security offset for sur- a 33 percent subsidy. For those under ings, because the military only came vivors who earned their Social Secu- the pre-1984 Civil Service Retirement under the Social Security system in rity benefits from their own work his- System the subsidy is 48 percent, and 1957, and that amount varied widely for tory rather than the military retiree’s, at 48 percent, it is nearly three times different retirees, and the rules for the as assumed under the original offset as high as the military’s. calculation of Social Security benefits law. This only further highlighted the Even more important, the Federal due to military versus civilian employ- unfairness of the offset to thousands of Employment Retirement System sur- ment are arcane at best. widows who had pursued their own vivors receive 50 percent of retired pay, When they first learned of the age 62 military or civilian careers. and the other survivors under the old benefit reduction, years, sometimes Now, the second issue, another bro- Civil Service Retirement System re- decades, after they purchased SBP, ken promise. When SBP was enacted in ceive 55 percent for life, with no benefit many older retirees and survivors ex- 1972, Congress set the premium formula reduction, no benefit reduction, at age pressed outrage in the mistaken belief in law with the intent that retirees’ 62. that Congress had changed the law on monthly premium payments would 1830 them after the fact. cover 60 percent, 60 percent of the long- b Not so. The age 62 reduction was part term costs of the survivor benefits, Although Federal civilian premiums of the initial SBP law enacted in 1972, with the government paying the re- are higher, military retirees pay SBP but this critical piece of information maining 40 percent. The formula was premiums for a far longer period of did not find its way into most military based on the program cost assumptions time than do most civilians because retirement briefings and SBP election prepared by the Department of Defense they are required to retire at a younger forms until many years later after actuaries concerning future inflation age. Because their mortality rates are complaints, years after complaints rates, pay raises, longevity of retirees, not much different, this means that started to roll in. Federal civilian retirees have a far Large numbers of retirees and sur- and survivors’ longevity, et cetera. more advantageous benefit-to-premium vivors feel betrayed by what they per- But actual experience in later years ratio, as indicated on these charts. ceive as a bait-and-switch under which proved the actuaries’ original esti- Now, military retirees particularly they were asked to sign irrevocable mates had been far too conservative, as pay SBP premiums about twice as contracts to pay lifetime SBP pre- inflation was lower than predicted and long, twice as long as Federal civilians miums without being told what the an- retirees lived and paid premiums because they retire at younger ages, nuity level they were actually buying longer than anticipated. Because re- was. tiree premiums were locked into law but their spouses’ longevity is about Dottie Welch is far from the only and covered a greater portion of the the same. So military SBP enrollees spouse who is very much aware of the program costs than had been projected, see a lower return and a much lower impact of the Social Security offset. the government reaped an economic government subsidy. One survivor’s husband was a Navy windfall, and found its share of the cost Remember Dottie? My bill is the hard-hat diver during World War II, for the SBP program was much lower needed fix for the three major inequi- then an electronics technician on a nu- than anticipated. By 1988, retiree pre- ties of the Survivor Benefit Plan. We clear submarine until his retirement in miums covered 77 percent of the SBP must keep faith with the older retirees 1966. When he died in May of 2002, his costs, and DOD’s share had dropped to and with the survivors. We must re- widow had no idea she would be hit by 23 percent. store the intended 40 percent Federal the offset. ‘‘I was shocked. I almost fell To its credit, Congress acted in 1990 subsidy, and we must put SBP on an out of the chair, and wondered why God to restore the intended 60/40 balance by equal footing with its Federal civilian hadn’t taken me too,’’ she says today. reducing retiree premiums to 6.5 per- equivalent. In the grief that followed her hus- cent of retired pay, but the over- The Military Survivors Benefit Im- band’s death, this 78-year-old widow conservative actuarial assumptions provement Act of 2003, my bill, accom- also faced numerous family bills and have continued to work against, work plishes these three things. For these health problems. When her SBP annu- against retirees for the last decade, reasons, the 33 military and veterans ity started, she was stunned to find out with the result that the Federal sub- associations of the military coalition that it was one-third, one-third less sidy for SBP has continued to decline. have endorsed my bill and have made than what she had expected. Now faced As of 2003, the government’s share has its passage one of their top priorities in with $21,000 in bills, she was advised to dropped from 40 percent to 17 percent, the 108th Congress. declare bankruptcy, and feared she leaving retirees once more paying a H.R. 548 will balance equity and will would lose her home trying to pay her higher-than-intended share of the ben- balance cost considerations by phasing debts. Her financial struggles eventu- efit. out the SBP age 62 benefit reduction ally led her to the Navy-Marine Corps The only fair way to restore the over the next 5 years. And upon enact- Relief Society for a grant to help her proper cost balance between the retir- ment, the age 62 benefit increase phase- get back on her feet financially. ees and the government is to reduce in will begin at 40 percent on October 1 Not one member of our greatest the premium, or increase the SBP ben- of 2004 and continually annually each American generation should find them- efit. The former benefits primarily re- year after through the year of 2007

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.130 H11PT1 H5256 CONGRESSIONAL RECORD — HOUSE June 11, 2003 until the benefits are restored to a full tired, survivors, veterans and their commitments to more than 2.6 million 55 percent as was the desire of Con- families; and there are many, many disabled veterans and widows who rely gress. others that have sent letters of support on VA benefit checks every month. It In order to offset part of the costs of for this bill. calls for $33.8 billion in mandatory the benefit increase, H.R. 548 author- There are others that are tracking spending. This is the highest spending izes an open season provision in the similar legislation in this body. I would ever in this area. It also calls for $30 legislation that would allow more re- note tonight that H.R. 1726, the Mili- billion, a 12.9 percent increase in dis- tirees to participate, generating SBP tary Surviving Spouses Equity Act, cretionary spending. Nearly 90 percent program savings, and significantly re- sponsored by the gentleman from of this funding is for veterans’ medical ducing the outlays. South Carolina (Mr. BROWN), repeals care. These are the indisputable facts Now, Congress has already acknowl- the offset from surviving spouse annu- of this year’s Federal budget for vet- edged the need for this particular piece ities under the military Survivor Ben- erans. of legislation. The fiscal year 2001 De- efit Plan for amounts paid by the Sec- House Members, particularly the Re- fense Authorization Act included a pro- retary of Veterans Affair as depend- publicans, along with President Bush, vision asserting the sense of Congress ency and indemnity compensation, or are committed to ensuring that those that there should be enacted legisla- DIC. It provides for the recoupment of who have served their country with tion to reduce and eventually elimi- certain amounts previously paid SBP pride, with valor and dignity receive nate the different levels of SBP annu- recipients in the form of retired pay re- the best of America’s appreciation. ity for surviving spouses who are under fund. It was filed on April 10 of 2003. It Any suggestion otherwise is simply un- age 62 and those who are 62 and older. has been referred to the Committee on true, is not supported by the facts. But we have failed to follow through on Armed Services. It has 24 co-sponsors. During January, I had the oppor- that commitment for the last 2 years. And I want to commend my colleague, tunity to visit with some of our men It is time for us to fix this problem. the gentleman from South Carolina and women in uniform stationed in Military widows and widowers have (Mr. BROWN), for his efforts to restore Germany, Italy, and France. And I was waited long enough in their fight for equity to this aspect of SBP; and I am struck by their professionalism and fairness. Now is the time for Congress proud to be an original co-sponsor of commitment to their assigned duties. to step up and enact relief for the aging this legislation. They were proud to serve. It is just as survivors of our greatest generation. H.R. 1653, sponsored by the gen- simple as that. World War II and Korean War retirees, tleman from New Jersey (Mr. SAXTON), Two weeks ago, I visited North Korea and the following generations of retir- would change the effective date for the where freedom is nowhere to be found ees and survivors, deserve no less than paid-up coverage under the military and democratic thought is oppressed. the SBP deal they were promised and Survivor Benefit Plan from October 1 We are truly blessed to live in a world the one the government already proof 2008 to October 1 of 2003. It has 25 co- of freedom and democracy and where vides for other Federal survivors. sponsors, and I am an original co-spon- life, liberty, and the pursuit of happi- Now, a quick time line of H.R. 548. It sor of this particular bill. It was filed ness are abundant and, I would submit, was introduced on February 5 of 2003. on April 7, and it too has been referred many times taken for granted. And upon introduction, we had 118 bi- to the House Committee on Armed Defense of the principles and values partisan co-sponsors. That is 27 percent Services. that we hold so dearly as a Nation of the entire House of Representatives. A third piece of legislation, H.R. 1592, leads our men and women into con- On that day it was referred to the Com- the Military Survivors Equity Act. It flicts around the globe. Many return mittee on Armed Services. On Feb- has been sponsored by my colleague, home after giving the ultimate sac- ruary 28 of 2003, it was referred to the the gentleman from California (Mr. rifice in defense of such values. But to Total Force subcommittee, and on the FILNER), and it would repeal the two- those who do return, we can never say same date executive comment was re- tier annuity computation system appli- thanks enough. quested from DOD. Now, over 3 months cable to annuities under the SBP plan Today, as we continue to rely on our later I urged DOD to act on this re- for retired members of the Armed Armed Forces in the war against ter- quest. Forces so that there would be no reduc- rorism, we look to our veterans for On March 7 of 2003, a letter was sent tion in such an annuity when the bene- their example of courage and sacrifice. to the gentleman from Iowa (Chairman ficiary becomes 62 years of age. It was It is their selfless service that has Nussle) and the ranking member, the filed on April 3 of this year, referred to made our Nation strong and our world gentleman from South Carolina (Mr. the Committee on Armed Services; and a better place. America’s veterans de- SPRATT), of the House Committee on it has 5 co-sponsors as this time. Both serve our respect, our deepest respect, the Budget urging support to include the Filner bill and my bill fulfill the and enduring appreciation, as do their budget authority in fiscal year 2004 in 2001 sense of Congress resolution to re- spouses who choose to marry members our budget resolution. On the letter duce and eventually eliminate this of our armed services and to share with there were 36 bipartisan co-signers, in- SBP reduction. Again, both these bills them all the joys and sacrifices of their cluding numerous members of the go a long way to fulfilling the sense of active duty careers. Committee on the Budget, the Com- Congress and that resolution to reduce The Survivor Benefit Plan is not to mittee on Armed Services, and the and eventually eliminate this SBP re- military spouses what Congress had in- Committee on Veterans Affairs. Today duction. tended or what enrollees were prom- this bill has 268 bipartisan co-sponsors. Let me talk a little bit about the VA ised. The program is not providing the That equates to 62 percent of this budget for 2004. Our service men and level of protection military survivors House. women who continue to fight for our need and deserve. All Americans should urge their Rep- freedom and security around the world Retirees and survivors deserve no resentatives to co-sponsor H.R. 548 and must know that Americans are united less in the SBP deal than they were their Senators to co-sponsor Senate in their support for them and for their promised. This Congress needs to step bill 451, introduced by Senator OLYMPIA safe return. We in Congress, along with up and deliver what the aging survivors SNOWE of Maine. President Bush, support not only the of our greatest generation retirees Again, who supports H.R. 548? The troops in the field but also the scores were promised. And we need to provide number one legislative priority of the of veterans who have already given so at the proper level the protection nec- Military Officers Association of Amer- much to this country. essary for future generations of retir- ica and the 108th Congress. Addition- Unfortunately, there have been false ees. Congress must act to fix this prob- ally, the bill is strongly endorsed by reports, false reports circulating that lem now. the Military Coalition, a consortium of Congress is actually cutting veterans Mr. FILNER. Mr. Speaker and colleagues, I 33 nationally prominent military and benefits. Here are the facts of the con- rise today to speak about a military widow in veterans organizations representing gressional budget for fiscal year 2004 my Congressional District who has written to more than 5.5 million members of uni- relating to veterans spending. This me about her Military Survivor Benefits Plan, formed services, active, reserved, re- budget will allow us to fully meet our known as SBP.

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.132 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5257 She writes: ‘‘My husband, who served in the The SPEAKER pro tempore (Mr. families, with mothers and fathers and Army for 20 years, died in July, 1995. I was FEENEY). Is there objection to the re- grandparents, bringing them into the then 61 years old. I was doing okay, paying quest of the gentleman from Florida? Head Start program and helping them my monthly bills and having enough left for There was no objection. to understand that they certainly groceries, but when I turned 62, I was notified f could be in control of their children’s my SBP was reduced from $476 to $302. destiny. SUPPORTING HEAD START What a shock! This was my grocery money Head Start was a program that not they took from me. I hope that nobody else The SPEAKER pro tempore. Under only dealt with early childhood edu- has to go through what I have. I cry every day the Speaker’s announced policy of Jan- cation, a preschool experience for and night. Not only have I lost my husband, I uary 7, 2003, the gentlewoman from young people, but it was a program lost my money, my pride, my dignity.’’ These California (Ms. WATERS) is recognized that helped to deal with parenting and words from the widow of one of our nation’s for 60 minutes as the designee of the helping parents to understand how veterans should be seared into the mind of minority leader. they could, in fact, get more involved every member of Congress. Ms. WATERS. Mr. Speaker, I rise and give more support to their chil- Tomorrow, along with a number of my col- this evening to talk about a most im- dren. leagues, I will be signing a discharge petition portant successful program that young Also, this program spread out into for H.R. 303, a bill to provide what is known children have been able to participate the community, and it helped parents as concurrent receipt to our disabled military in from very needy communities for a to understand how not only they could retirees. If this law is passed, these retirees long time now. But first I would like to be involved with their children’s early would be able to receive both their military re- thank the chairman of the Congres- childhood education, but they could be tired pay, which they earned, and their VA dis- sional Black Caucus for organizing this involved in the community and helping ability compensation, which they deserve! As Special Order this evening. the community to understand how to you know, both the House and the Senate Mr. Speaker, I rise in strong support be supportive of education, interacting passed concurrent receipt during the last ses- of the Head Start programs, and I with the school boards and with other sion of Congress—and only in the Con- would urge all of my colleagues to op- educators, talking about their chil- ference, was it diluted to almost nothing. We pose the radical changes that are being dren’s experiences and what was going are again fighting to correct this grave injus- proposed by the Bush administration. on in the homes and helping educators tice. b 1845 to be more in tune with how they could I am here today to state that there is an- better give young people a head start. other equally deserving group that we must in- I have taken time out this evening to Head Start is very special because it clude in this fight—the widows of our military be here with whatever colleagues will takes into consideration the whole retirees! Not only are many of our military re- join me to talk about this program be- child. This program understood early tirees being denied their rightful benefits while cause it is a program that I love. I love on that if we are to be successful with they are alive, their spouses are being denied the Head Start program. I love this our young people in education, we their rightful benefits upon their death. program because I got involved with must give them every advantage and The law to reduce the benefits received by the Head Start program early on. I got every opportunity to learn. Before military retired widows when they turn 65 is involved at the inception of the Head Head Start, children were going to misleading and unfair. It is time to change this Start program under the war on pov- school. They could not hear well, could law! Most of these military widows are living erty. The country was very excited not see well, had learning disabilities, on small incomes, but even people with sub- about the fact that under the war on had never had a physical examination, stantial incomes would have a tough time cop- poverty there was going to be this pro- had never had an examination to deter- ing with a reduction from 55 percent of their gram, an early childhood education mine some of the problems that were retirement benefits to 35 percent. program, for people in poor commu- so obvious when one interacted with My bill, H.R. 1592, the Military Survivors Eq- nities and working communities that these young people. uity Act, would immediately eliminate this cal- had not been able to send their young When we opened Head Start, we lous and absurd reduction in benefits that now children to preschool programs. brought in the families and the chil- burdens our military widows. My colleague At one time in this country, pre- dren, and they had full physical exami- form Florida, Mr. MILLER, has introduced H.R. school programs were only available to nations. They had an opportunity to 548, a bill that would increase the post-62 people with money, to the wealthy, to talk with counselors. If psychiatrists SBP annuity so that it reaches 55 percent of people who were earning good incomes, were needed, they had that, also. So we the military retired pay by 2007. Both bills fulfill but Head Start was envisioned under discovered that there certainly were the 2001 ‘‘sense of Congress’’ resolution to re- the war on poverty as a program that learning disabilities; dyslexia, and duce and eventually eliminate this SBP reduc- could help children in poor commu- other kinds of problems were discov- tion. The passage of this legislation is a top nities and working communities get a priority for the Military Officers Association of ered and they were worked on. jump, get a head start so that they Health care opportunities and pre- America, and the Veterans of Foreign Wars would be prepared for kindergarten. ventive care was available to these par- has also voiced their support for these bills. They would be prepared for school and ents for the first time. So we were able The Democratic Salute to Veterans and the education. to attend to these health needs so that Armed Forces legislative package, recently re- The researchers and the educators the children could certainly be pre- leased, also calls for an end to this unfair re- that came up with this idea understood duction of benefits. pared for learning, and that is what I encourage members from both sides of the that for young people to be successful happened in the Head Start program. or more successful in school, if they The Head Start program not only aisle to work with Congressman MILLER and me to stop the pain and anguish we are caus- had this preschool experience, it would dealt with the health care needs and ing our military widows and to show respect not only prepare them for reading and preventive health care for families, it for the tremendous sacrifices made by our vet- learning, but it would also build other helped families to understand how they erans and their families. We must pass this kinds of qualities. Building self-esteem could build self-esteem. We learned a legislation to make this the compassionate was an important idea of the Head lot about self-esteem and how parents and effective Survivors Benefits Plan it should Start program. and families could be involved in build- be. I went to work for Head Start as an ing that self-esteem. We talked to par- assistant teacher. I went into the Head ents how to place the work of their f Start program, and little did I know children on their walls at home, the GENERAL LEAVE that Head Start was not simply to be a paintings and the drawings and all of Mr. MILLER of Florida. Mr. Speaker, place of employment for me, it changed those things that children felt proud I ask unanimous consent that all Mem- my life. In Head Start, not only did I about, but oftentimes parents and fam- bers may have 5 legislative days within learn how to work with young people, ilies did not know how important it which to revise and extend their re- to build self-esteem, I later became the was. We taught them how to display marks on the subject of my Special supervisor of parent involvement and the work of their children, but we also Order. volunteer services where I worked with taught them how to take materials in

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.068 H11PT1 H5258 CONGRESSIONAL RECORD — HOUSE June 11, 2003 their homes and materials from in the about throwing it into the States and break the cycle of poverty by providing environment, in the neighborhood, giving it to the States under a block preschool children of low-income fami- from the trees and from the shrubbery, grant. lies with a comprehensive program to and use them as art tools and how With that, I am going to yield to the meet their emotional, social, health, there could be art projects and children gentleman from New Jersey (Mr. nutritional and psychological needs. could learn to use the various skills PAYNE) to share his thoughts on Head That is why this program is so impor- that they had that they had not discov- Start. tant. Head Start is to break the cycle ered. (Mr. PAYNE asked and was given of poverty because it deals with emo- Head Start not only took care of the permission to revise and extend his re- tional, social, health, nutrition and health care needs, expanded the learn- marks.) psychological needs. ing for parents to help them to build Mr. PAYNE. Mr. Speaker, let me Since its inception, Head Start has self-esteem with their children, Head thank the gentlewoman from Cali- served over 20 million children. Today, Start went further than that. The Head fornia for framing the argument. I it is a full-day, full-year program pro- Start program opened up opportunities think she did an excellent job, the gen- viding preschool children of low-in- in the classroom where children were tlewoman from California (Ms. WA- come families, working families, with a introduced to books for the first time. TERS), a person who helped organize comprehensive program to meet their Children in Head Start are taught to Head Start parents and who for many emotional, social, health, nutritional love books. They are taught that you years has held the importance of chil- and parental support. Head Start fo- never tear up a book; that you never dren as our most valuable possessions cuses on the whole child, extends to throw a book around; that you take and has seen the success of this pro- recognizing the importance of care of the books, that they are very gram, as have all of us, and that is why strengthening the family, not nec- important; and that one of the first we stand here this evening, the Con- essarily the institution but the family. steps in learning is to introduce kids to gressional Black Caucus, with our Throughout its inception, Head Start books and tell them how important it chairman the gentleman from Mary- has included parents. Parents sit on is, get them to respect the books and land (Mr. CUMMINGS), to discuss this committees to select teachers. They want to know what is in the books. question of Head Start. help with the curriculum, this is the I commend our chairman for orga- Head Start opened up all of these op- participation, and parents learn nizing these Special Orders on issues portunities to prepare children in that through this program. Head Start has that impact on the poorest of our peo- classroom for going into the public included parents in both their child’s ple, the people with no voice, people in education and in their membership to schools. Appalachia and delta regions and in Mr. Speaker, Head Start has proven the Head Start Policy Council, which urban centers that are not represented to be successful. When Head Start chil- serves as a vital link between the com- by lobbyists, and so we are their voice. dren first went to kindergarten, the munity and public and private agen- We are their spokesperson. We speak teachers wanted to know who are these cies. for those who have no voice, and so I children and why are they so prepared. Parental involvement is a critical am proud to say that Head Start Head Start children went into the and integral part of this program. Eco- should not be tampered with. nomically disadvantaged families are classrooms for the first time asking In 1964, President Lyndon Johnson no longer seen as passive recipients of questions and participating. This pro- gave his State of the Union address be- service but, rather, as active, respected gram has worked. Someone has said, it fore Congress and our Nation with an participants and decision-makers, and was not me, if it is not broken, what announcement to declare war on pov- many of them have moved on to com- are you doing trying to fix it? erty. This was a great declaration Head Start does not need to be fixed. plete their education, and they have which caught the imagination of our become leaders, and they have become Head Start is a good, solid, sound pro- Nation. In his declaration, he believed gram of early childhood education that elected officials, and they have become for the first time in history that pov- stalwarts in their community. That is brings in the parents and the commu- erty could be eradicated and offered his why Head Start is so good because it nity, and this idea of this administra- proposal, the Economic Opportunity takes the total family. tion to block grant the Head Start, Act, EOA, of 1964. Despite opposition 1900 throw it into the States, is an idea that that believed poverty was on the de- b we have to resist. We resisted the part cline from the highs of the Great De- Today we stand here to support our of the first idea of this administration pression, Johnson was undaunted. Head Start program, and oppose H.R. that wanted to take it out of Health He declared, ‘‘The Act does not mere- 2210, a bill which will dismantle the and Human Services and place it into ly expand old programs or improve program as we know, hurting the very the Education Department. what is already being done. It charts a ones we should be helping, our Nation’s We fought them back on that, but new course. It strikes at the causes, children. If the bill were enacted today, now they are intent on block granting not just at the consequences of pov- it would mean changing the current the program to the States. I do not erty,’’ and that is where the Head Start Federal to local partnerships to a State know about other States, but I know program is so important. It strikes at optional plan. As indicated by the gen- the State of California has a $38 billion the causes of poverty to deal with pov- tlewoman from California (Ms. WA- deficit. We do not want to throw this erty elimination in this country. ‘‘It TERS), a State optional plan is another program into a State that could easily can be a milestone in our 180-year way of saying block grants. take funds from Head Start to help search for a better life for our people,’’ The Federal Government would give make up for the lack of funds in other said Lyndon Baines Johnson. States the authority to create their areas. We know what happens when we After the bill was signed into law own preschool programs without the block grant programs. We give the that very year, the Office of Economic same performance standards as Head States the opportunity to do what they Opportunity was created to fulfill its Start and without additional funding. want to do with the money, and so we mission. At the same time, a pediatri- Nationwide, States’ commitment to are opposing that. We are strenuously cian by the name of Dr. Robert Cooke preschool is $2 billion. It is much less opposing block granting this program. was asked to head a new office to lead than the Federal contribution of over For those of us who have had the ex- a steering committee of specialists in $6 billion. In light of the $38 billion perience of working in the Head Start all fields to discuss what should be shortfall in the State budget in Cali- program, of working with parents in done for young people to bring them fornia, $5 billion in New Jersey, in ex- the Head Start program, for visiting out of poverty and to assist them in cess of $70 billion in shortfalls in State the Head Start programs, interacting their early lives. Their recommenda- budgets across the Nation, we cannot with the children, the families and the tions, known as the Cooke Memo- leave the fate of our children in the teachers, we say no to the Bush admin- randum, outlined what we now know hands of States struggling to meet istration, you cannot have Head Start. today as the Head Start program. their other needs. We will not let you undermine this pro- Launched as an 8-week summer pro- The impetus of this bill, the adminis- gram with these ideas that you have gram, Head Start was designed to help tration’s Head Start proposal, states a

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.136 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5259 need to better coordinate preschool dren. As the gentleman from New Jer- ing about over and over again. Today programs in the States. But Head Start sey (Mr. PAYNE) said, they are not just Head Start only serves approximately already coordinates with child care and children that may be found in South 60 percent of the children who are eligi- prekindergarten programs. According Baltimore or West Baltimore, but they ble. Funding was raised to almost $6.7 to research done by the Center for Law are the children that will be found in billion for fiscal year 2003; and for fis- and Social Policy, many Head Start Appalachia and poor regions through- cal year 2004, the administration has agencies have formal agreements with out our country; and when I say poor, proposed another small increase to just school districts around the country to I mean economically poor. under $6.8 billion. coordinate transitional services for Since 1964, Head Start has given These small increases in funding that children and families. Coordinating nearly 19 million American children we have achieved in recent years rep- will not help the fact that Head Start the educational, nutritional health, resent positive and important steps is severely underfunded. You can co- and related services that are essential forward. Nevertheless, as we consider ordinate all you want; you cannot get to early childhood development. The reauthorization this year, we should ongoing Family and Child Experiences more with a limited amount of funds. step up to the plate and finally give Survey has consistently documented So the problem is not coordination; it Head Start the funding that would the success of this national partnership is the lack of funding. allow every eligible child to partici- for America’s future. If Head Start did There are a half million children in pate. We should guarantee a head start not exist, we would have to invent it. the country that are eligible to attend in life to every American child who This year the survey again reported Head Start today. That is three out of needs our help. that teachers in Head Start centers are five children, and they are not all being The Nation’s teachers, through their covered today. effectively preparing our children for school. National Education Association, stand In conclusion, I have offered a resolu- full square behind this vision. I realize tion, H. Res. 238, a resolution express- I note this fact because some critics would have us believe otherwise. that extending a head start to every ing support for the Head Start program deserving child would be very expen- which has had a positive impact on the Throughout this country, Head Start is a bridge to the future being con- sive. But I say to Members that when I lives of millions of children nation- visit the jails in Baltimore and I see wide. The resolution not only recog- structed by local communities with help from their national government; our children in shackles and handcuffs nizes the contribution of Head Start; it and I look at their reading levels and also supports maintaining its current and that is what we should be all about, communities coming to the aid the average reading level is less than a designation at the Department of of their children, those children that fifth-grade reading level, that tells me Health and Human Services. With the come from their womb and whose blood something. average child care cost in New Jersey is running through those children’s So we must ask the question is it at over $5,000 a year, thousands of chil- veins, trying to lift them up so they better to pay later when our children dren across my State and others would can be all that God meant for them to are locked up and not achieving the not have access to an exceptional pro- be. That is what the national Family things that they should be achieving, gram that has them ready to learn by and Child Experiences Survey tells us. or is it better to invest in them when the time they enter kindergarten if I can validate the survey’s conclusion they are growing up in their formative Head Start were not there to serve because Head Start funding is making years? The estimated cost would be an them. Terms of such State options and an important and positive difference in additional $29 billion over the next 5 coordination will mean a shortfall and the lives of more than 10,000 Maryland years. Think about all this Nation this 38-year program does not need to children this year. would receive in return for additional have this fate. We need to move to- Many of these children live in my investment in our future. We would be wards full funding of Head Start, fur- hometown of Baltimore. Some attend a living in a country that made a mean- thering the quality of this program, wonderful Head Start program at ingful commitment to truly leaving no preserving the focus of comprehensive Union Baptist Church just down the child behind. We would be saving services to children and their families. street from my home. Every time I money in the long run because of re- We need to support Head Start as it is pass that Head Start center, I feel a duced costs for special education, so- today. warmth and I see a beacon of light in a cial services, teen pregnancy, juvenile Ms. WATERS. Mr. Speaker, I thank very, very depressed area. When I visit the gentleman from New Jersey for crime, and other problems down the these children and their teachers and road, a true head start for every Amer- that brilliant presentation on Head parents in Head Start programs Start, and I yield to the gentleman ican child. This is a vision that all throughout the Baltimore area, I am Americans can support. from Maryland (Mr. CUMMINGS) for this reminded of the fact that they are We have been working hard during important discussion on the floor, the looking at our children and seeing all esteemed chairman of the Congres- my years of service in the House to of the wonderful things that are with- make Head Start even better. We have sional Black Caucus. in. And these teachers are just like a Mr. CUMMINGS. Mr. Speaker, I set strong national standards for Head sculptor who looks into a piece of wood Start that complement the power of thank the gentlewoman from Cali- and sees a wonderful, wonderful piece Head Start’s local Federal partner- fornia (Ms. WATERS) for her passion on of art and understands that he has to ships. We have maintained our tradi- this issue and so many other issues. use his tools to carve and bring out tional emphasis on substantial parent Just the other day, the gentlewoman that piece of art. It is the same thing involvement. We are succeeding. stood in the meeting of the Congres- with our wonderful and very dedicated sional Black Caucus and poured her Head Start teachers. That is why we should resist Repub- heart out with regard to her concerns I am deeply gratified that this year lican efforts to transfer management of for our children. I think everybody in more than $76 million in Head Start Head Start to the States. The bill pro- the room could feel that passion. funding will give Maryland children a posed by my Republican colleagues One of the things that I think hit us head start in life. It is a moral and with the supposed purpose of enhancing real hard was we all realize, and I know practical investment in our future. the schools’ readiness of low-income the gentlewoman from California (Ms. Nationally, we know that every dol- and disadvantaged students is grossly WATERS), who has been standing up for lar we spend on Head Start saves tax- misleading. The supposed demonstra- these kinds of issues over and over payers between $4 and $7 down the tion project being proposed will block again, time after time, we all realize road. For all the good that Head Start grant funding of Head Start to certain that our children are the living mes- is doing, however, we must not lose States. I maintain this will not en- sages we send to a future we will never sight of the fact that Head Start could hance the school readiness of students, see. So tonight the Congressional be doing so much more if the program but is instead a thinly veiled attempt Black Caucus joins together, and I were adequately funded. to weaken and dismantle this very want to thank all members of the cau- This is what the gentlewoman from powerful and significant Federal pro- cus. We come to stand up for our chil- California (Ms. WATERS) has been talk- gram.

VerDate Jan 31 2003 05:15 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.138 H11PT1 H5260 CONGRESSIONAL RECORD — HOUSE June 11, 2003 When I think of the Republican pro- enter kindergarten on an equal footing By turning Head Start into a block posal, a certain quote by Reverend Jo- with students who were really born grant program, the President claims seph Lowery comes to mind. Reverend into wealthier socioeconomic cir- that Head Start will be more flexible Lowery once asked, ‘‘Will America lose cumstances. Over the last four decades, while ignoring the fact that one of her soul for political chicanery? Would Head Start nationwide has reached an Head Start’s virtues is that it already you give a balanced budget on the unbelievable number of students. Since has a great deal of flexibility on a local backs of the poor? Would you have wel- 1965, over 20 million children across the level. Yet Head Start is, and should fare reform for the poor while the rich country have participated in Head continue to be, a national program. We corporations continue to enjoy tax ex- Start programs. Last year alone, Head really do not need 50 different adminis- emptions and subsidies? America, what Start and Early Head Start programs trations in 50 different States. We do would you give in exchange for your worked with more than 900,000 children not need these bureaucracies that will soul? Would you reduce school lunches in 2,590 local programs. In my own take money from children to go to for poor children in exchange for your hometown of Oakland, California, over State budgets and overhead costs. soul?’’ 1,600 children are part of our area Head Block granting Head Start funds is Well, Mr. Speaker, I would ask one Start programs. But we are still not really a particularly bad idea this year more question in addition to those really reaching enough kids. On any because our States are experiencing posed by my friend, Reverend Lowery. particular day, 300 to 400 children are such huge budget deficits. It will be es- Tonight I ask America if she would dis- on a waiting list for the Oakland Head pecially tempting for Governors and mantle one of a few Federal programs Start centers. In fact, all 30 centers State governments to really try to tap that gives poor children a hand-up in have children on a waiting list, mean- into this money. That is not to say exchange for her soul. Facing crippling ing that all areas are being affected; that State governments will misappro- budgetary crises, the States should be 300 to 400 children, as I said, are far too priate money, it is just a real acknowl- concentrating on their traditional K–12 many to have to begin school already edgment that State officials will be education role. Let us help the States behind. In fact, one child on a waiting tempted to use this money to offset succeed in K–12 education first before list is really one too many, one too their deficits. How do we know that we consider turning early childhood many in terms of a young person not this money would be used for Head education, nutrition, and all of the afforded access to early participation Start? This really puts our children’s other services Head Start provides over in such an enormously successful pro- future at risk at the whim of State to State governments. gram. budgets. This is just downright wrong. Local leadership has always been the Yet again the Bush administration is With these proposals, the Bush ad- foundation of Head Start’s success. dismantling another excellent domes- ministration is demonstrating once Local leadership, high standards, and tic program by trying to reduce the ef- again their disregard for our children increased Federal support can assure fectiveness, and that is what this is and our families, those that do not every American child a head start in going to do, reduce the effectiveness of have a lot of money. They are dem- life. Our children are indeed our living Head Start. They are trying to radi- onstrating their real contempt for message that we send to a future we cally change what has really been a working families struggling just to will never see, and it is our duty in this radically effective program. President make it on wages that are not enough Congress to assure that the living mes- Bush’s plan to reform Head Start to raise them up above the poverty sages this generation sends to Amer- would systematically, basically, and level. While the administration dev- ica’s future are filled with competence, probably will really gut Head Start. astates Head Start, they simulta- confidence, and hope. For instance, the President has called neously sign a tax cut primarily for the Mr. Speaker, I thank the gentle- for moving Head Start from the De- wealthiest in this country. They spend woman for her leadership. partment of Health and Human Serv- billions of dollars on war, at the same Ms. WATERS. Mr. Speaker, I thank ices to the Department of Education. time not fully funding education, cut- the gentleman from Maryland (Mr. The administration wants to move ting child care, health care, job train- CUMMINGS) for his passionate plea to Head Start from HHS because they being programs and housing. We cannot our colleagues not to allow this pro- lieve preschoolers should be judged let the President and this administra- gram to be dismantled, and I yield to solely by academic standards. Presi- tion dilute what has been one of the the gentlewoman from California (Ms. dent Bush wants to begin a national re- most successful programs over the last LEE). porting system of literacy testing, four decades. We must stop the Presi- Ms. LEE. Mr. Speaker, first, I want mind you, literacy testing for our 4- dent’s assault on Head Start. We must to thank the gentlewoman from Cali- year-olds. How ridiculous and how sin- stop this Congress’ assault on Head fornia (Ms. WATERS) for her leadership ister this is. Start. and really for her guidance based upon Administrators in the city of Oak- I encourage our colleagues to join all her remarkable experience with Head land’s Head Start program tell me that of us, the gentlewoman from California Start and for her passion and for her moving Head Start to the Department (Ms. WATERS), the Congressional Black commitment to children who really of Education will mean the end of all of Caucus, all of us in this resistance. Our otherwise would have very few oppor- the support services and the compo- children deserve us to stand up for tunities to succeed. nent services that make Head Start so them at least this one time. successful. When parents and children Ms. WATERS. I thank the gentle- b 1915 in Oakland and throughout my own woman from California for her long- I also want to thank the gentleman congressional district heard of this pro- time concern and actions on behalf of from Maryland, chairman of the Con- posal a couple of months ago, several children. I thank her for taking time gressional Black Caucus, who once hundred people participated. These out of her schedule to be here this again is demonstrating his enormous were men, women and children, fami- evening. leadership by sounding the alarm in lies, participated in a rally, all of them Mr. Speaker, I yield to the gentle- terms of this administration’s assault saying in no uncertain terms, ‘‘If it woman from Florida (Ms. CORRINE on children. ain’t broke, don’t fix it.’’ This will be, BROWN). We have come together tonight to and I heard this over and over again, Ms. CORRINE BROWN of Florida. I talk about an issue really that is about the end of health services; and in a thank the gentlewoman for yielding our future. It is about the future of our country where our health care system and to the members of the Congres- children. So what else could really be is totally broken, to eliminate health sional Black Caucus, I thank them for more important? Head Start has been services for young people which they hosting these educational hours to edu- an enormously successful program receive through the Head Start pro- cate the American public as to what is since its inception in 1965 because it gram is really, really wrong. It is going on in the people’s House. continues to offer comprehensive pro- wrong because, again, the President To me, the cold-hearted attitude of grams for children and families. Head and the administration’s view is that it the House Republicans can be summed Start has enabled these children to should be only a literacy program. up in a statement made last week by

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.139 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5261 the House majority leader. When asked pect Head Start to completely protect want to make sure that we do not have about bringing up the child tax credit children against the effects of poverty these hardships experienced by our bill, he said, and I quote, ‘‘There are a is just plain stupid. Moreover, block constituents because of cutbacks. lot of other things that are more im- grants do not work. Block grants gut Ms. CORRINE BROWN of Florida. portant than that.’’ the quality of comprehensive services. That is an example of what is wrong I humbly ask my colleague on the And this block grant plan is particu- when you send a block grant to the other side of the aisle, what exactly on larly bad and requires States to pro- State and you do not specify. your agenda is more important than vide a bunch of services but does not b 1930 the protection of the children in this require the same nature, extent or Nation? In my State of Florida alone, quality of them. None of the 13 areas of nderstanding in talking to the dif- the child tax credit package benefits Head Start performance standards that ferent committees, it was specified over a million children. Once again, lay out the comprehensive services and that this money would be used to help the Republican leadership is catering high level of quality that have made the States in their struggle. its agenda to the rich, after deciding Head Start successful are even men- I do not know whether the gentle- just today that the only way they tioned in the block grant. In fact, the woman saw it, but last week on the na- would agree to take up the child tax block grant emphasizes comprehensive tional news, on ‘‘Dateline,’’ they dis- credit bill is by adding on an $80 billion services being met through referrals of cussed the number of students, hun- tax credit for the rich in the bill. Even families to outside service for assist- dreds of thousands of students that are though their selected leader, George W. ance, which would end up encouraging failing the tests in Florida, third grad- Bush, is urging them to take up a clean States to provide a much lower level of ers who were being held back, thou- bill and even though they follow his service. sands of students not graduating, be- leadership in everything from tax cuts In addition, the block grant does not cause we came up with additional edu- for the rich to foreign policy, when it specify any minimum requirements for cational standards. And I must quickly comes to funding children’s programs, teacher education levels, for child-staff say that many of the schools, the ‘‘F they ignore even the plea of the White ratios or for curriculum content. It schools’’ or the failing schools, have House. In addition, the House Repub- simply calls on each State to come up been the schools on the other side of lican leadership is planning to dis- with their own school standards and the railroad tracks, the schools on the mantle Head Start, one of the best edu- their own ways of measuring progress other side of the bridge, that have cational programs for children of work- against those standards. I can go on never gotten adequate funding. ing-class families, by block granting and on and on as far as Head Start is So when we set standards, and the program funding. concerned. I will submit my statement support was not there to work with the There was $900 million sent down to for the RECORD. But I do have a ques- schools, many of the children do not do Florida Governor Jeb Bush. Yet he put tion for the gentlewoman from Cali- well. We look at the State of Florida as the money in the bank as opposed to fornia. we speak. We do not have summer helping the people of Florida. Block When we passed, when the House school programs in place. Could some grant money is not the way to go. In passed—I did not vote for it—the $350 of that money be used for summer the past, everyone was telling me, just billion, $20 billion was earmarked to schools, for some of the cuts that have send the money to the State. In the the States. Can you explain what was occurred in the school system to aug- area of transportation, just send the the purpose of the $20 billion that went ment the cuts in the programs for edu- money to the State. Education, just to the States? Was it to put in the cational support for the school system? send the money to the State. They will bank and use for a slush fund next year Ms. WATERS. I would certainly know best what to do with it. I can tell to, I guess, enhance the chances of the think so. Again, we talk a lot about you, they are singing a different tune Republicans to continue to practice re- education being our number one pri- now. When I talk to the mayors or the verse Robin Hood, stealing from the ority, about children being our number county commissioners, they tell me, working people to give tax breaks for one priority. But there are some States Whatever you do, don’t send that the rich? What was the purpose of that that are not putting the money where money to Tallahassee, because we will $20 billion? their mouths are, and we are not giving never see a dime of it. Whatever you Ms. WATERS. I thank the gentle- the children of this Nation the kind of do, don’t block grant the money and woman for her presentation this support that certainly a rich Nation send it to Tallahassee. It is a deep hole evening, not only on Head Start but such as ours should be giving. and they never see a dime of the dol- the discussion about the child tax cred- I think this is a prime example of lars that come from the Federal Gov- it and helping to unveil what is really what we are talking about this ernment down to the State. going on in this administration. The evening, the Head Start Program. It is The Republican Head Start block question that you raise is one that I underfunded, children on waiting list, grant plan will end Head Start as we am sure many of our colleagues would only a 2 percent increase; and it is a know it, one of the most successful like to respond to this evening, and if proven program of success that not programs in the history of this coun- they were here, they would tell you only helps to prepare our kids for kin- try. Even the new limited eight-State that many folks worked very hard to dergarten and for school, but it also block grant is a risky deal. Why risk get some assistance to the States be- helps to make parents stronger in their turning a successful program over to cause many of the States are in deficit support for their children. The gentle- States with unproven expertise and positions. They are cutting programs. woman is absolutely correct; that without the Federal program quality They are cutting health and education. money could be used for educational standard requirements and oversight They are cutting the school week in purposes. that are demonstrated to increase some States. In 2003 in the United Ms. CORRINE BROWN of Florida. I school readiness? States of America, the school week has thank the gentlewoman once again for My colleagues, there is an old expres- been cut down from 5 days to 4 days. bringing this subject area to the Amer- sion which really applies to this issue: Members of this Congress are ican public. If it ain’t broke, don’t fix it. Head shocked on both sides of the aisle Wake up, America. Start kids are very prepared to do bet- about the kind of cutbacks and the To me, the cold hearted attitude of House ter in school than low-income children deficits that we have in the States. Republicans can be summed up in a state- who do not receive Head Start. In addi- That money is not meant to be banked. ment made just last week by the House major- tion, it has been proven that Head It is meant to offset the debt and the ity leader. When asked about bringing up the Start narrows the readiness gap be- cuts that are being experienced by Child Tax Credit bill, he said, and I quote: tween Head Start kids and kids from these States, and certainly though we ‘‘There are a lot of other things that are more the more affluent side of the tracks. did not support that tax bill for good important than that . . .’’ Head Start should help children arrive reasons, that part of that bill that Now, I humbly ask my colleagues on the at school more ready to learn, and it sends the money to the States is a part other side of the aisle, ‘‘what exactly, on your does. But for the administration to ex- that many of us do support because we agenda, is more important than the protection

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.141 H11PT1 H5262 CONGRESSIONAL RECORD — HOUSE June 11, 2003 of the children of this nation?’’ In my state of cation levels, for child-staff ratios or for cur- sure of balancing their State budgets, Florida alone, the Child Tax Credit package riculum content. It simply calls on each State some Governors already have indicated benefits over a million children. to come up with their own school standards that they are willing to accept the ad- And once again, the Republican leadership and their own ways of measuring progress ministration’s offer to opt in the block is catering its agenda to the rich. And after de- against those standards. But the problem is grant proposal. Governors may be able ciding just today that the only way they will that those standards are not clearly defined in to use this money to cover budget defi- agree to take up the Child Tax Credit bill is by the block grant and vary greatly in content and cits in their States; but overall, it will adding on an $80 billion tax credit for the rich quality among the States. As it is now, Head do serious damage to the program. to the bill. And even though their selected Start education standards are thorough and My home State of California receives leader, George W. Bush, is urging them to strongly based in standards of education, and over $800 million for Head Start. There take up a clean bill, and even though they having States come up with their own stand- is a $38 billion budget deficit. With the have followed his lead on everything from tax ards with no direction and no requirements will block grant proposal, California has cuts for the rich to foreign policy, when it only serve to weaken education standards. the option to use that $800 million to comes to funding children, they ignore even Lastly, block grants weaken oversight and close this gap. the plea of the White House. evaluation. States that meet the eligibility cri- There are other scenarios. Assume In addition, the House Republican leader- teria have their applications deemed approved that six to eight States, representing ship is planning to dismantle Head Start, one by the Secretary by default—which means that 10 to 15 percent of Head Start dollars, of the best education programs for children of there won’t be any oversight or evaluation of elect to opt in and set up their own working class families, by block granting pro- the quality of the State plan. In addition, there programs. That puts 148,931 current gram funding. is no minimum threshold required by States’ Head Start children at risk. If an addi- You know, there was $900 million sent internal evaluations of their programs—they tional eight to 10 States follow this down to the Florida governor Jeb Bush, yet he can just go ahead and define it on their own. lead, another 394,150 children will be put the money into the bank, as opposed to No States monitor their programs as closely placed at risk. It goes on and on, until helping the people of Florida. Block grants is as Head Start is monitored. And under the all of the children are left behind with- just not the way to go. In the past, everyone block grant, outside evaluations of the State out the Head Start program. At present, only three States provide was telling me, send transportation dollars to programs will likely not happen very often. all the services needed to get at-risk the states, send the education dollars to the Under the Republican plan, there will be no children ready to learn. These States states, the states can best figure out how to more compliance reviews with regard to na- provide the same set of eight com- use it. They’re not telling me that now, when tional performance standards. Gone will be I talk to the Mayors in Florida, or to the Coun- prehensive services required of Head meaningful Federal oversight and monitoring. Start through state-run, prekinder- ty Commissioner, they tell me that, ‘‘whatever Why, why, why, the Republicans are chang- you do, whatever you do, don’t send the garten programs. ing something that works, just does not make Mr. Speaker, 30 States have such pro- money to Tallahassee, because we will never sense. Once again I repeat: if something isn’t grams, yet only three are able to meet see a dime of it.’’ That is what they tell me, broken, don’t bother fixing it. the standards that they created in they say it gets lost in Tallahassee, and it Ms. WATERS. Mr. Speaker, I would order to prepare our children for now like to yield to the gentlewoman never trickles down to the areas, to the first school. Now it appears we want to give responders, to the Head Start programs, it is from California (Ms. WATSON), an edu- all 50 States this responsibility, know- just an empty hole. cator with a background in education, ing full well that these States have not The Republican Head Start block grant plan to make her presentation. proven that they are able to do so. will end Head Start as we know it. Even the Ms. WATSON. Mr. Speaker, I want to States will be able to lower teachers’ new limited 8-state block grant is risky. Why thank the gentlewoman from Cali- standards; they will not be required to risk turning a successful program over to fornia for allowing me time in this involve Head Start’s 800,000 parent vol- states with unproven expertise and without the hour to raise my concerns about the unteers; and, above all, States will be federal program quality standard requirements current dismantling of Head Start. forced to reduce the overall number of and oversight that are demonstrated to in- The plan to block grant Head Start Head Start children served. States crease school readiness. will damage the integrity and the effi- have already been forced to cut early My colleagues, there is an old expression ciency of the program. This recent tax childhood programs outside of Head which really applies to this issue here: if it ain’t cut does little to safeguard our chil- Start due to the budget crunch. This broken, don’t fix it. You know, Head Start kids dren’s well-being. We must make better will be a great disaster and disservice are very prepared and do better in school than investments in our children and our fu- to our Nation’s youth. low-income children who don’t receive Head ture instead of stuffing the pockets of Another proposal, to remove Head Start. In addition, it’s been proven that Head millionaires. Start from the jurisdiction of the De- Start narrows the readiness gap between An investment in our children equals partment of Health and Human Serv- Head Start kids and children from the more af- an investment in our Nation’s ices and place it under the Department fluent side of the tracks. Head Start should strength, security, and future. The eco- of Education, will undermine the core help children arrive at school more ready to nomic plans and focus of the adminis- philosophy of Head Start. Since its in- learn—and it does; but for the administration tration must be balanced between fu- ception, Head Start was designed to to expect Head Start to completely protect ture consequences and immediate gain. help the whole child. Current services children against the effects of poverty is just ri- We must also continue to keep the offered through DHHS cannot be car- diculous. facts at the forefront of the debate so ried out as effectively as under the De- Moreover, block grants don’t work. Block that the administration and Congress partment of Education. grants gut the quality of comprehensive serv- can make policy decisions based on the There is no need to change a program ices. And this block grant plan is particularly facts, rather than on misguided inter- that has proven to be so successful. In bad, and requires States to provide a bunch of pretations and subjective judgments. 1998, Head Start supporters sought to services, but doesn’t require the same nature, Head Start is one of the most suc- ensure that at least 50 percent of all extent or quality of them. None of the thirteen cessful anti-poverty programs ever cre- Head Start teachers have an associ- areas of Head Start performance standards ated. It has helped millions of children ate’s degree or better by 2003. The pro- that lay out the comperhensive services and prepare for school, become productive gram has met this goal. The Heads Up high level of quality that have made Head students, and improve their lives. How- Reading Network was established to Start successful are required or even men- ever, drastic changes proposed by the train Head Start and other early child- tioned in the block grant. In fact, the block Bush administration will erode the ef- hood teachers across the Nation. These grant emphasizes comprehensive services fectiveness of this program. are improvements that we hope to es- being met through referral of families to out- One proposal, to provide funding in tablish through the No Child Left Be- side services for assistance, which would end block grants, will actually result in hind Act. We have not yet met these up encouraging States to provide a much less money for Head Start. Changing goals, but Head Start has met its goals lower level of services. the funding formula to block grants internally. In addition, the block grant does not specify creates a daunting scenario for Head Mr. Speaker, I encourage my col- any minimum requirements for teacher edu- Start. Faced with the unceasing pres- leagues to maintain Head Start as it is.

VerDate Jan 31 2003 05:15 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.070 H11PT1 June 11, 2003 CONGRESSIONAL RECORD — HOUSE H5263 It is a success story. It is the duty of However, H.R. 2210 suggests that we I am here today because of this Administra- Congress to protect the current and fu- are off to a very bad start. It would be tion’s plans to dismantle this vital program by ture security of our Nation, and we a tragedy if the Republican leadership turning it over to struggling states. It baffles must start with our children. And we chooses to try and force this bad bill me why such a move would be necessary. must help the children of our migrant through for partisan political purposes. Currently, the program provides federal grants workers that are at risk, our youth and We can and must do better than H.R. directly to community organizations, allowing their parents. By supporting Head 2210. I urge the Republican leadership for local flexibility and strong federal oversight Start in its present form, we will be to heed the will of the American people of Head Start’s quality. If Head Start is turned doing just that, securing our Nation by and produce a bipartisan bill that both over to states’ during this time of economic securing our children as they start sides of the aisle can support. Millions uncertainty, it is very likely they will use Head their educational program. of lives depend on Head Start, and we Start funding to fill gaps in their own pro- I thank the gentlewoman from Cali- cannot afford to let them down. grams. fornia (Ms. WATERS). This Congress has been criticized, Mr. Speaker, the Head Start program not Ms. WATERS. Mr. Speaker, I thank Members on the opposite side of the only involves the child but also recognizes the the gentlewoman from California. aisle, who somehow cut out the poorest importance of the family. Head Start has in- In closing, Mr. Speaker, you have and most vulnerable families from the cluded parents in both the child’s education heard brilliant presentations, com- tax bill. We cannot afford to continue and their membership in the Head Start Policy prehensive presentations from the to have the kind of criticism and dis- Council. I have received numerous letters from members of the Congressional Black trust that is mounting of this Congress teachers, parents, and other employees of the Caucus here this evening who have over what appears to be an assault on Sunnyview and Greater Head Start locations identified the value of Head Start: the families and children. in my district of Dallas, Texas. Each one fact that Head Start provides nutri- We have the issue of the child tax pleading for additional funding and urging the tion, the fact that it provides physical credit before us. It is shameful what program to be kept in its current structure. examinations, the fact that it prepares has been done. I do not think that all One parent writes, ‘‘they teach them how to young people for education, the fact of the Republicans on the other side of write, count, their ABC’s, to draw, to be re- that it involves parents and gets them the aisle support what has been done. I sponsible . . . . . Many families feel com- involved in helping to determine the do not think that they believe in what fortable with this program because they can educational destiny of their children, some of the leadership is saying about come in and volunteer in the classes and see the fact that Head Start gets commu- poor people not deserving to have this what the children are learning.’’ nities involved. tax break. Mr. Speaker, in closing I would hope my colleagues on the other side of the aisle would Mr. Speaker, this cannot be taken b 1945 lightly. Head Start is indeed a success- consider listening to the countless voices of I believe that there are those on the children that Head Start prepares for the foun- ful program that has been in this coun- other side of the aisle that will join try now for 38 years. Many children and dation of their critical learning years. How can with us on this side of the aisle and put we deny them a chance at a decent future? I families have benefited from this pro- an end to this attempt to undermine gram, children from all over America, submit to you, that we cannot. It is our duty as our Head Start program. federal lawmakers, that every child is prepared from communities all over this coun- Mr. Speaker, I am so blessed, and I try. We value Head Start, and we ap- with a quality education so they can be pro- feel so blessed, to be able to be here to- ductive citizens of this nation. preciate all of those who had the vision night to speak on behalf of the children f to bring this valuable program to this and to stand up for Head Start. I feel so Nation. blessed to have been a part of Head REPORT ON RESOLUTION PRO- Again, we think that this program Start and to have learned what it VIDING FOR CONSIDERATION OF should not be tampered with. There is means to invest in our children. I feel H.R. 1115, CLASS ACTION FAIR- no reason to want to block grant this so blessed to have learned that we can NESS ACT OF 2003 program. We would like to think that indeed make our children successful in Ms. PRYCE of Ohio, from the Com- it is just a misunderstanding, that this their education experience. mittee on Rules, submitted a privi- administration really does not under- Many of those children who are being leged report (Rept. No. 108–148) on the stand the risk that they are creating left behind are being left behind be- resolution (H. Res. 269) providing for by tampering with this program and cause they do not have the value of an consideration of the bill (H.R. 1115) to block granting it to the States. early childhood education. I am de- amend the procedures that apply to Let me just tell you, Mr. Speaker, in lighted to have been a part of this consideration of interstate class ac- addition to not having the require- evening. tions to assure fairer outcomes for ments to go along with block grants, Ms. EDDIE BERNICE JOHNSON of Texas. class members and defendants, to out- the one thing that strikes me as ex- Mr. Speaker, I have come to the floor this law certain practices that provide inad- tremely detrimental to this program is evening to express my concern about the lack equate settlements for class members, the fact that nowhere in this block of funding by this administration’s to our na- to assure that attorneys do not receive granting does it require that the paren- tion’s education programs and I wanted to a disproportionate amount of settle- tal involvement component remain share with my colleagues how this budget ments at the expense of class members, with Head Start. matches up with the priorities of the people I to provide for clearer and simpler in- Many of us wax eloquently about par- represent. formation in class action settlement ent involvement and family values and On yesterday, in a beautiful ceremony in the notices, to assure prompt consideration what it means for parents to be in- Rose Garden, President Bush hosted an event of interstate class actions, to amend volved with their children and their marking the progress, significant progress to- title 28, United States Code, to allow education, but yet we see an attempt ward making sure every child in public schools the application of the principles of to change a program that has a strong gets a quality education. Federal diversity jurisdiction to inter- component of parental involvement, an Now, I am sure that made a great story on state class actions, and for other pur- attempt to dismantle a program that last evening’s news, but Head Start is more poses, which was referred to the House has worked. than just news for the nearly 20 million fami- Calendar and ordered to be printed. Mr. Speaker, Head Start will be reau- lies who have benefited from the program. It f thorized this year. It will not have all is real life. Head Start provides the most com- of the money that it needs. It will only prehensive program for children of low in- REPORT ON RESOLUTION RELAT- have a small increase. There will still come, working families. In a recent study by ING TO CONSIDERATION OF SEN- be children waiting to get into Head the Family and Child Experiences Survey, the ATE AMENDMENTS TO H.R. 1308, Start. But one way or the other, I findings concluded that children are ready to TAX RELIEF, SIMPLIFICATION, know that this program is going to be learn. Another study concluded that Head AND EQUITY ACT OF 2003 reauthorized. I hope that it is done in Start narrowed the gap between disadvan- Ms. PRYCE of Ohio, from the Com- the traditional, bipartisan fashion in taged children and their peers in vocabulary mittee on Rules, submitted a privi- which our children are not left behind. and writing skills during the program year. leged report (Rept. No. 108–149) on the

VerDate Jan 31 2003 04:00 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.143 H11PT1 H5264 CONGRESSIONAL RECORD — HOUSE June 11, 2003 resolution (H. Res. 270) relating to con- EXTENSION OF REMARKS Records Administration, transmitting the sideration of the Senate amendments Administration’s final rule—NARA Facili- By unanimous consent, permission to ties; Phone Numbers (RIN: 3095-AB20) re- to the bill (H.R. 1308) to amend the In- revise and extend remarks was granted ternal Revenue Code of 1986 to end cer- ceived June 4, 2003, pursuant to 5 U.S.C. to: 801(a)(1)(A); to the Committee on Govern- tain abusive tax practices, to provide Mr. BARTLETT of Maryland and to in- ment Reform. tax relief and simplification, and for clude extraneous material, notwith- 2630. A letter from the Director, OGE, Of- other purposes, which was referred to standing the fact that it exceeds two fice of Government Ethics, transmitting the Office’s final rule—Privacy Act Rules (RIN: the House Calendar and ordered to be pages of the RECORD and is estimated printed. 3209-AA18) received June 4, 2003, pursuant to by the Public Printer to cost $1,170. 5 U.S.C. 801(a)(1)(A); to the Committee on f f Government Reform. LEAVE OF ABSENCE 2631. A letter from the Assistant Secretary ADJOURNMENT of the Interior, Office of Hearings and Ap- By unanimous consent, leave of ab- peals, Department of the Interior, transmit- sence was granted to: Ms. PRYCE of Ohio. Mr. Speaker, I move that the House do now adjourn. ting the Department’s final rule—Special Mr. EMANUEL (at the request of Ms. Rules Applicable to Public Land Hearings PELOSI) for today until 3:15 p.m. on ac- The motion was agreed to; accord- and Appeals; Grazing Administration—Ex- count of official business in the dis- ingly (at 7 o’clock and 48 minutes clusive of Alaska, Administrative Remedies; trict. p.m.), the House adjourned until to- Grazing Administration—Effect of Wildfire Mrs. BIGGERT (at the request of Mr. morrow, Thursday, June 12, 2003, at 10 Management Decisions; Administration of Forest Management Decisions (RIN: 1090- DELAY) for today until 3:00 p.m. on ac- a.m. AA83) received June 4, 2003, pursuant to 5 count of traveling to Chicago, Illinois, f U.S.C. 801(a)(1)(A); to the Committee on Re- with the President. EXECUTIVE COMMUNICATIONS, sources. f ETC. 2632. A letter from the Assistant Secretary for Fish, Wildlife and Parks, Department of SPECIAL ORDERS GRANTED Under clause 8 of rule XII, executive the Interior, transmitting the Department’s By unanimous consent, permission to communications were taken from the final rule—Endangered and Threatened Wild- address the House, following the legis- Speaker’s table and referred as follows: life and Plants; Designation of Critical Habi- tat for the Blackburn’s Sphinx Moth (RIN: lative program and any special orders 2622. A letter from the Under Secretary, 1018-AH94) received June 9, 2003, pursuant to heretofore entered, was granted to: Department of Defense, transmitting a re- 5 U.S.C. 801(a)(1)(A); to the Committee on port on the retirement of Lieutenant Gen- The following Members (at the re- Resources. quest of Mr. ENGEL) to revise and ex- eral Leslie F. Kenne, United States Air 2633. A letter from the Acting Assistant tend their remarks and include extra- Force, and her advancement to the grade of Secretary for Fish, Wildlife and Parks, De- neous material: lieutenant general on the retired list; to the partment of the Interior, transmitting the Committee on Armed Services. Department’s final rule—Endangered and Mr. CUMMINGS, for 5 minutes, today. 2623. A letter from the Secretary of the Mr. DEFAZIO, for 5 minutes, today. Threatened Wildlife and Plants; Designation Navy, Department of Defense, transmitting of Critical Habitat for the Preble’s Meadow Mr. LIPINSKI, for 5 minutes, today. notification concerning the Department of Jumping Mouse (Zapus hudsonius preblei) Mr. BROWN of Ohio, for 5 minutes, the Navy’s proposed transfers, pursuant to 10 (RIN: 1018-AI46) received June 9, 2003, pursu- today. U.S.C. 7306; to the Committee on Armed ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. CONYERS, for 5 minutes, today. Services. on Resources. Ms. SCHAKOWSKY, for 5 minutes, 2624. A letter from the Director, Regula- 2634. A letter from the Acting Assistant today. tions Policy and Management Staff, Depart- Secretary for Fish, Wildlife and Parks, De- ment of Health and Human Services, trans- partment of the Interior, transmitting the Mr. GREEN of Texas, for 5 minutes, mitting the Department’s final rule—Food today. Department’s final rule—Endangered and Additive Permitted in Feed and Drinking Threatened Wildlife and Plants; Final Des- Mr. EMANUEL, for 5 minutes, today. Water of Animals; Feed-Grade Biuret [Dock- ignation and Nondesignation of Critical Mr. CROWLEY, for 5 minutes, today. et No. 02F-0327] received June 9, 2003, pursu- Habitat for 46 Plant Species From the Island Mr. STRICKLAND, for 5 minutes, ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Hawaii, Hawaii (RIN:1018-AH02) received today. on Energy and Commerce. June 9, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. LAMPSON, for 5 minutes, today. 2625. A letter from the General Counsel, to the Committee on Resources. Mr. TAYLOR of Mississippi, for 5 min- Federal Energy Regulatory Commission, 2635. A letter from the Deputy Assistant utes, today. transmitting the Commission’s final rule— Administrator for Regulatory Programs, Emergency Reconstruction of Interstate Mr. SANDLIN, for 5 minutes, today. NMFS, National Oceanic and Atmospheric Natural Gas Facilities Under the Natural Administration, transmitting the Adminis- Mrs. CAPPS, for 5 minutes, today. Gas Act [Docket Nos. RM03-4-000 and AD02- tration’s final rule—Regulations Governing Mr. DAVIS of Illinois, for 5 minutes, 14-000; Order No. 633] received June 3, 2003, the Taking and Importing of Marine Mam- today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mals; Eastern North Pacific Southern Resi- Mr. RYAN of Ohio, for 5 minutes, mittee on Energy and Commerce. dent Killer Whales [Docket No. 020603140- today. 2626. A letter from the Acting Director, De- 3129-03, I.D. 050102G] (RIN: 0648-AQ00) re- Mr. MCDERMOTT, for 5 minutes, fense Security Cooperation Agency, trans- ceived June 5, 2003, pursuant to 5 U.S.C. today. mitting notification regarding an explosion 801(a)(1)(A); to the Committee on Resources. in the Vinnell Housing Compound in Riyadh, The following Members (at the re- 2636. A letter from the Acting Director, Of- Saudi Arabia; to the Committee on Inter- fice of Sustainable Fisheries, NMFS, Na- quest of Mr. BARTLETT of Maryland) to national Relations. tional Oceanic and Atmospheric Administra- revise and extend their remarks and in- 2627. A letter from the Assistant Secretary tion, transmitting the Administration’s final clude extraneous material: for Legislative Affairs, Department of State, rule—Fisheries of the Economic Exclusive Mr. BURTON of Indiana, for 5 minutes, transmitting the texts of the Protocol of 2002 Zone Off Alaska; Deep-Water Species Fishery June 18. to the Occupational Safety and Health Con- by Vessels Using Trawl Gear in the Gulf of Mr. HOBSON, for 5 minutes, today. vention, 1981, Recommendation No. 193 Con- Alaska [Docket No. 021122286-3036-02; I.D. cerning the promotion of Cooperatives and Mr. JONES of North Carolina, for 5 051403B] received June 5, 2003, pursuant to 5 Recommendation No. 194 Concerning the minutes, June 12. U.S.C. 801(a)(1)(A); to the Committee on Re- List of Occupational Diseases and the Re- sources. Mr. GUTKNECHT, for 5 minutes, June cording and Notification of Occupational Ac- 2637. A letter from the Assistant Adminis- 17 and 18. cidents and Diseases; to the Committee on trator for Fisheries, National Oceanic and (The following Members (at their own International Relations. Atmospheric Administration, transmitting request) to revise and extend their re- 2628. A letter from the Secretary, Depart- the Administration’s final rule—Atlantic marks and include extraneous mate- ment of the Interior, transmitting the semi- Highly Migratory Species; Commercial rial:) annual report on the activities of the Office Shark Management Measures [Docket No. of Inspector General for the period October 1, 021219321-2321-01; I.D. 120901A] (RIN: 0648- Mr. KINGSTON, for 5 minutes, today. 2002, through March 31, 2003, pursuant to 5 AQ39) received June 5, 2003, pursuant to 5 Ms. JACKSON-LEE of Texas, for 5 min- U.S.C. app. (Insp. Gen. Act) section 5(b); to U.S.C. 801(a)(1)(A); to the Committee on Re- utes, today. the Committee on Government Reform. sources. Mr. ENGEL, for 5 minutes, today. 2629. A letter from the Deputy Archivist of 2638. A letter from the Deputy Assistant Mr. BURGESS, for 5 minutes, today. the United States, National Archives and Administrator for Regulatory Programs,

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NMFS, National Oceanic and Atmospheric Mr. REYNOLDS: Committee on Rules. By Mr. CARDIN (for himself, Mr. WAX- Administration, transmitting the Adminis- House Resolution 270. Resolution relating to MAN, Mr. BROWN of Ohio, Mr. STARK, tration’s final rule—Antarctic Marine Living consideration of the Senate amendments to and Mr. KLECZKA): Resources; CCAMLR Ecosystem Monitoring the bill (H.R. 1308) to amend the Internal H.R. 2423. A bill to amend title XVIII of the Permits; Vessel Monitoring System; Catch Revenue Code of 1986 to end certain abusive Social Security Act to prohibit physicians Documentation Scheme; Fishing Season; tax practices, to provide tax relief and sim- and other health care practitioners from Registered Agent; and Disposition of Seized plification, and for other purposes (Rept. 108– charging a membership or other incidental AMLR [Docket No. 021016236-3089-02; I.D. 149). Referred to to the House Calendar. fee (or requiring purchase of other items or services) as a prerequisite for the provision 082002A] received June 9, 2003, pursuant to 5 f U.S.C. 801(a)(1)(A); to the Committee on Re- of an item or service to a Medicare bene- sources. PUBLIC BILLS AND RESOLUTIONS ficiary; to the Committee on Energy and Commerce, and in addition to the Committee 2639. A letter from the Associate Counsel, Under clause 2 of rule XII, public Patent and Trademark Office, Department of on Ways and Means, for a period to be subse- bills and resolutions were introduced quently determined by the Speaker, in each Commerce, transmitting the Department’s and severally referred, as follows: final rule—Elimination of Continued Pros- case for consideration of such provisions as ecution Application Practice as to Utility By Mr. MCGOVERN (for himself, Mr. fall within the jurisdiction of the committee concerned. and Plant Patent Applications (RIN: 0651- MCINNIS, Mr. GILCHREST, Mr. GEORGE By Mr. CUMMINGS (for himself, Mr. AB37) received June 5, 2003, pursuant to 5 MILLER of California, Ms. LEE, Mr. BALLANCE, Mr. BOYD, Mr. BRADY of U.S.C. 801(a)(1)(A); to the Committee on the BEREUTER, Ms. MCCOLLUM, Mr. Pennsylvania, Ms. CORRINE BROWN of Judiciary. MORAN of Virginia, Mr. ENGLISH, Mr. Florida, Mr. BROWN of Ohio, Mr. 2640. A letter from the Assistant Secretary REHBERG, and Mr. UDALL of Colo- CARDIN, Mr. COLE, Mr. CONYERS, Mr. for Legislative Affairs, Department of State, rado): DEUTSCH, Mr. ENGEL, Mr. FORD, Mr. transmitting a Report on Denial of Visas to H.R. 2416. A bill to provide for the protec- FRANK of Massachusetts, Mr. FROST, Confiscators of American Property; to the tion of paleontological resources on Federal Mr. BISHOP of Georgia, Mrs. Committee on the Judiciary. lands, and for other purposes; to the Com- CHRISTENSEN, Mr. GUTIERREZ, Mr. 2641. A letter from the Chief, Regulations mittee on Resources, and in addition to the HASTINGS of Florida, Mr. HOUGHTON, and Administrative Law, USCG, Department Committee on Agriculture, for a period to be Mr. HOYER, Ms. EDDIE BERNICE JOHN- of Homeland Security, transmitting the De- subsequently determined by the Speaker, in SON of Texas, Mr. LARSON of Con- partment’s final rule—Security Zone; St. each case for consideration of such provi- necticut, Ms. LEE, Mr. LEWIS of Geor- Thomas, U.S. Virgin Islands [COTP San sions as fall within the jurisdiction of the committee concerned. gia, Mr. LIPINSKI, Mr. MCDERMOTT, Juan-03-024] (RIN: 1625-AA00) received June Ms. MILLENDER-MCDONALD, Mr. 2, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to By Mr. GOSS: H.R. 2417. A bill to authorize appropria- MEEKS of New York, Mr. MCNULTY, the Committee on Transportation and Infra- Mr. MORAN of Virginia, Ms. NORTON, structure. tions for fiscal year 2004 for intelligence and intelligence-related activities of the United Mr. OWENS, Mr. PAYNE, Mr. RANGEL, 2642. A letter from the Regulations Officer Mr. RUPPERSBERGER, Mr. RUSH, Mr. 238, FMCSA, Department of Transportation, States Government, the Community Man- agement Account, and the Central Intel- RYAN of Ohio, Mr. SCOTT of Georgia, transmitting the Department’s final rule— Mr. SHIMKUS, Mr. STEARNS, Mr. Transportation of Household Goods; Con- ligence Agency Retirement and Disability System, and for other purposes; to the Com- THOMPSON of Mississippi, Mrs. JONES sumer Protection Regulations [Docket No. of Ohio, Mr. VAN HOLLEN, Ms. WA- FMCSA-97-2679](RIN: 2126-AA32; formerly mittee on Intelligence (Permanent Select). By Mrs. MALONEY (for herself, Mr. TERS, Mr. WYNN, Mr. TOWNS, Ms. CAR- RIN: 2125-AE30) received June 9, 2003, pursu- SON of Indiana, Mr. WATT, Ms. WAT- SHERMAN, Ms. SLAUGHTER, Mr. JACK- ant to 5 U.S.C. 801(a)(1)(A); to the Committee SON, Mr. KUCINICH, and Mr. CLYBURN): SON of Illinois, Ms. LOFGREN, Ms. on Transportation and Infrastructure. H.R. 2424. A bill to authorize assistance for JACKSON-LEE of Texas, Mr. OWENS, 2643. A letter from the Program Analyst, the National Great Blacks in Wax Museum Ms. BORDALLO, and Mr. PAYNE): FAA, Department of Transportation, trans- and Justice Learning Center; to the Com- H.R. 2418. A bill to amend the Internal Rev- mitting the Department’s final rule—Stand- mittee on Resources, and in addition to the enue Code of 1986 to deny all deductions for ard Instrument Approach Procedures; Mis- Committee on the Judiciary, for a period to business expenses associated with the use of cellaneous Amendments [Docket No. 30370; be subsequently determined by the Speaker, a club that discriminates on the basis of sex, Amdt. No. 3060] received June 9, 2003, pursu- in each case for consideration of such provi- race, or color; to the Committee on Ways ant to 5 U.S.C. 801(a)(1)(A); to the Committee sions as fall within the jurisdiction of the and Means. on Transportation and Infrastructure. committee concerned. By Mr. RAHALL (for himself, Mr. 2644. A letter from the Director, Regula- By Mr. DICKS: LARSEN of Washington, Mr. KILDEE, tions Management, Department of Veterans H.R. 2425. A bill to provide for the use and Mr. PALLONE, Mr. GEORGE MILLER of Affairs, transmitting the Department’s final distribution of the funds awarded to the California, Mr. FILNER, Ms. LEE, Mr. rule—Compensation and Pension Provisions Quinault Indian Nation under United States FROST, Mr. ACEVEDO-VILA, Mr. of the Veterans Education and Benefits Ex- Claims Court Dockets 772-71, 773-71, 774-71, MCNULTY, Mr. HOLT, Ms. MCCOLLUM, pansion Act of 2001 (RIN: 2900-AL29) June 6, and 775-71, and for other purposes; to the Mr. UDALL of New Mexico, Mr. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. HONDA, Mr. CARSON of Oklahoma, Mr. Committee on Veterans’ Affairs. By Mr. FRANK of Massachusetts (for CASE, and Mr. GRIJALVA): himself, Mr. ABERCROMBIE, Mr. AN- f H.R. 2419. A bill to protect sacred Native DREWS, Ms. BALDWIN, Mr. BERMAN, REPORTS OF COMMITTEES ON American Federal land from significant dam- Mr. BROWN of Ohio, Mr. CONYERS, Ms. age; to the Committee on Resources. PUBLIC BILLS AND RESOLUTIONS DEGETTE, Mr. DELAHUNT, Mr. DIN- By Mr. BAKER (for himself, Mr. GELL, Mr. ENGEL, Mr. EVANS, Mr. Under clause 2 of rule XIII, reports of GILLMOR, Mr. OSE, Mr. SHAYS, Mr. FARR, Mr. FILNER, Mr. GEPHARDT, committees were delivered to the Clerk TIBERI, and Ms. GINNY BROWN-WAITE Mr. GUTIERREZ, Ms. HARMAN, Mr. for printing and reference to the proper of Florida): HINCHEY, Mr. HOLT, Mr. HONDA, Mr. H.R. 2420. A bill to improve transparency calendar, as follows: HOYER, Ms. KILPATRICK, Mr. relating to the fees and costs that mutual LANGEVIN, Mr. LARSON of Con- Ms. PRYCE of Ohio: Committee on Rules. fund investors incur and to improve cor- necticut, Ms. LEE, Ms. LOFGREN, Mrs. House Resolution 269. Resolution providing porate governance of mutual funds; to the LOWEY, Mr. LYNCH, Mrs. MALONEY, for consideration of the bill (H.R. 1115) to Committee on Financial Services. Mr. MATSUI, Mr. MEEHAN, Mr. MOORE, amend the procedures that apply to consider- By Mr. ANDREWS: Mr. MORAN of Virginia, Mr. NADLER, ation of interstate class actions to assure H.R. 2421. A bill to ensure that State and Mrs. NAPOLITANO, Ms. NORTON, Mr. fairer outcomes for class members and de- local law enforcement agencies execute war- OLVER, Mr. OWENS, Mr. PALLONE, Mr. fendants, to outlaw certain practices that rants for the arrest of nonviolent offenders PASCRELL, Ms. ROYBAL-ALLARD, Ms. provide inadequate settlements for class only during daylight hours and when chil- SCHAKOWSKY, Mr. SERRANO, Mr. members, to assure that attorneys do not re- dren are not present, unless overriding cir- STARK, Mrs. TAUSCHER, Ms. VELAZ- ceive a disproportionate amount of settle- cumstances exist; to the Committee on the QUEZ, Mr. WAXMAN, Mr. WEXLER, Mr. ments at the expense of class members, to Judiciary. WEINER, Ms. WOOLSEY, and Mr. WU): provide for clearer and simpler information By Ms. BORDALLO (for herself, Mr. H.R. 2426. A bill to provide benefits to do- in class action settlement notices, to assure FALEOMAVAEGA, and Mrs. mestic partners of Federal employees; to the prompt consideration of interstate class ac- CHRISTENSEN): Committee on Government Reform, and in tions, to amend title 28, United States Code, H.R. 2422. A bill to authorize the Secretary addition to the Committee on Ways and to allow the application of the principles of of Housing and Urban Development to guar- Means, for a period to be subsequently deter- Federal diversity jurisdiction to interstate antee community development loans to the mined by the Speaker, in each case for con- class actions, and for other purposed (Rept. insular areas; to the Committee on Financial sideration of such provisions as fall within 108–148) Referred to the House Calendar. Services. the jurisdiction of the committee concerned.

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By Mr. GUTKNECHT (for himself, Mr. fornia, Mr. FALEOMAVAEGA, Ms. giveness of loans made to certain students JONES of North Carolina, Mr. SHAYS, BALDWIN, and Mr. PETRI): who become child welfare workers; to the Mr. JANKLOW, Mr. PETRI, Mr. KING- H.R. 2431. A bill to establish a National Committee on Ways and Means, and in addi- STON, Mrs. EMERSON, Mr. BEREUTER, Chronic Wasting Disease Task Force, and for tion to the Committee on Education and the Mr. OSBORNE, Mr. HOEKSTRA, Mr. other purposes; to the Committee on Re- Workforce, for a period to be subsequently BARTLETT of Maryland, Mr. SMITH of sources, and in addition to the Committee on determined by the Speaker, in each case for Michigan, Mr. PAUL, Mr. DUNCAN, Agriculture, for a period to be subsequently consideration of such provisions as fall with- Mrs. NORTHUP, Mr. GILCHREST, Mr. determined by the Speaker, in each case for in the jurisdiction of the committee con- ROHRABACHER, Mr. BURTON of Indi- consideration of such provisions as fall with- cerned. ana, Mr. HENSARLING, Mr. EMANUEL, in the jurisdiction of the committee con- By Mr. TAYLOR of Mississippi (for Mr. FRANK of Massachusetts, Mr. PE- cerned. himself, Mr. THOMPSON of Mississippi, TERSON of Minnesota, Mr. RAMSTAD, By Mr. OSE (for himself, Mr. TANNER, Mr. WICKER, and Mr. PICKERING): Mr. REHBERG, Mr. ISTOOK, Mr. BROWN Mr. TOM DAVIS of Virginia, Mr. H.R. 2438. A bill to designate the facility of of South Carolina, and Mr. TAYLOR of MOORE, Mr. JANKLOW, Mr. MATHESON, the United States Postal Service located at North Carolina): and Mr. RYAN of Wisconsin): 115 West Pine Street in Hattiesburg, Mis- H.R. 2427. A bill to authorize the Secretary H.R. 2432. A bill to amend the Paperwork sissippi, as the ‘‘Major Henry A. Commiskey, of Health and Human Services to promulgate Reduction Act and titles 5 and 31, United Sr. Post Office Building‘‘; to the Committee regulations for the reimportation of pre- States Code, to reform Federal paperwork on Government Reform. scription drugs, and for other purposes; to and regulatory processes; to the Committee By Mr. WELDON of Florida: the Committee on Energy and Commerce. on Government Reform, and in addition to H.R. 2439. A bill to amend the Internal Rev- By Mr. HOEFFEL (for himself, Mr. the Committee on the Budget, for a period to enue Code of 1986 to repeal the 1993 income CAPUANO, Mr. FILNER, Ms. JACKSON- be subsequently determined by the Speaker, tax increase on Social Security benefits and LEE of Texas, Mr. FRANK of Massa- in each case for consideration of such provi- to increase the age at which distributions chusetts, Mr. MCDERMOTT, Mr. sions as fall within the jurisdiction of the must commence from certain retirement HASTINGS of Florida, Mr. GRIJALVA, committee concerned. plans from 701⁄2 to 80; to the Committee on Mr. UDALL of Colorado, Ms. MCCOL- By Mr. RODRIGUEZ (for himself and Ways and Means. LUM, Mr. SERRANO, Ms. CORRINE Mr. SIMMONS): By Mr. YOUNG of Alaska (for himself, BROWN of Florida, Ms. KAPTUR, Ms. H.R. 2433. A bill to amend title 38, United Mr. HAYWORTH, Mr. RENZI, Mr. COLE, WOOLSEY, Ms. SCHAKOWSKY, Mr. States Code, to authorize the Secretary of Mr. HUNTER, Mr. MCKEON, Mr. STARK, and Mr. KUCINICH): Veterans Affairs to provide veterans who PALLONE, Mr. RAHALL, Mr. GEORGE H.R. 2428. A bill to provide for congres- participated in certain Department of De- MILLER of California, Mr. KILDEE, Mr. sional review of regulations relating to mili- fense chemical and biological warfare testing DINGELL, Mr. WAXMAN, Mr. RANGEL, tary tribunals; to the Committee on Armed to be provided health care for illness without Mr. CONYERS, Mr. OBERSTAR, Mr. Services, and in addition to the Committees requirement for proof of service-connection; GRIJALVA, Ms. MILLENDER-MCDON- on Rules, and the Judiciary, for a period to to the Committee on Veterans’ Affairs. ALD, Mr. FROST, Mr. KENNEDY of be subsequently determined by the Speaker, By Mr. ROHRABACHER: Rhode Island, Mr. FRANK of Massa- in each case for consideration of such provi- H.R. 2434. A bill for the relief of John chusetts, Mr. FILNER, Mr. HONDA, Mr. sions as fall within the jurisdiction of the Castellano; to the Committee on the Judici- CARSON of Oklahoma, Mr. ALLEN, Mr. committee concerned. ary. ABERCROMBIE, Ms. LEE, Mrs. By Mr. HOEFFEL (for himself, Mr. By Ms. LINDA T. SANCHEZ of Cali- NAPOLITANO, Mr. FALEOMAVAEGA, Ms. CONYERS, Mr. FARR, Ms. JACKSON-LEE fornia (for herself, Mr. BERMAN, Ms. MCCOLLUM, Mr. TOWNS, Mr. UDALL of of Texas, Mr. FRANK of Massachu- LOFGREN, Mr. STARK, Mr. ROHR- New Mexico, Mr. UDALL of Colorado, setts, Mr. MCDERMOTT, Mr. FROST, ABACHER, Mr. FARR, Mr. REYES, Mr. Mr. KIND, Mr. LANTOS, Mr. INSLEE, Mr. GRIJALVA, Mr. UDALL of Colo- HINOJOSA, Mr. ACEVEDO-VILA, Mr. Mr. STUPAK, Mr. BACA, Ms. KIL- rado, Mr. CASE, Mr. RYAN of Ohio, CASE, Mr. DELAHUNT, Ms. MILLENDER- PATRICK, Mrs. CHRISTENSEN, Mr. Ms. LEE, Ms. KAPTUR, Ms. WOOLSEY, MCDONALD, Mrs. NAPOLITANO, Mr. BLUMENAUER, and Ms. NORTON): Mr. DOGGETT, Mr. STARK, Mr. PASTOR, Mr. OBERSTAR, Mr. PALLONE, H.R. 2440. A bill to improve the implemen- KUCINICH, and Mr. HONDA): Mr. UDALL of Colorado, Mr. SCHIFF, tation of the Federal responsibility for the H.R. 2429. A bill to amend the Foreign In- Mr. ORTIZ, Mr. DOOLEY of California, care and education of Indian people by im- telligence Surveillance Act of 1978 to im- Ms. ESHOO, Mr. LANTOS, Ms. HARMAN, proving the services and facilities of Federal prove the administration and oversight of Mr. RODRIGUEZ, Mr. HONDA, Mr. HIN- health programs for Indians and encouraging foreign intelligence surveillance, and for CHEY, Mr. GRIJALVA, Mr. COOPER, Ms. maximum participation of Indians in such other purposes; to the Committee on the Ju- WOOLSEY, Ms. WATSON, Mr. FILNER, programs, and for other purposes; to the diciary, and in addition to the Committees Ms. BORDALLO, Ms. LEE, Mr. PRICE of Committee on Resources, and in addition to on Intelligence (Permanent Select), and Fi- North Carolina, Mrs. CAPPS, Mr. the Committees on Energy and Commerce, nancial Services, for a period to be subse- MATSUI, Ms. SOLIS, Mr. CONYERS, Mr. and Ways and Means, for a period to be sub- quently determined by the Speaker, in each CAPUANO, Mr. GEORGE MILLER of Cali- sequently determined by the Speaker, in case for consideration of such provisions as fornia, Ms. ROYBAL-ALLARD, Ms. LO- each case for consideration of such provi- fall within the jurisdiction of the committee RETTA SANCHEZ of California, Mr. sions as fall within the jurisdiction of the concerned. WAXMAN, Mrs. DAVIS of California, committee concerned. DALL By Mr. KIND (for himself, Mr. U of Mr. BAIRD, Mr. CARDOZA, Mr. SHER- By Mr. SNYDER (for himself, Mr. ISSA, ERRY ILCHREST Colorado, Mr. T , Mr. G , MAN, and Ms. PELOSI): and Mr. FRANK of Massachusetts): Mr. GUTKNECHT, Mr. PALLONE, Mr. H.R. 2435. A bill to amend the Immigration H.J. Res. 59. A joint resolution proposing MANZULLO, Mr. UDALL of New Mex- and Nationality Act to provide for com- an amendment to the Constitution of the ico, Mr. PETERSON of Minnesota, Mr. pensation to States incarcerating undocu- United States to permit persons who are not KENNEDY of Minnesota, Mr. REHBERG, mented aliens charged with a felony or two natural-born citizens of the United States, Mr. STUPAK, Mr. THOMPSON of Cali- or more misdemeanors; to the Committee on but who have been citizens of the United fornia, and Mr. FALEOMAVAEGA): the Judiciary. States for at least 35 years, to be eligible to H.R. 2430. A bill to amend the Fish and By Mr. SMITH of Texas (for himself, hold the offices of President and Vice Presi- Wildlife Coordination Act to coordinate and Mr. SCOTT of Virginia, and Mr. SCOTT dent; to the Committee on the Judiciary. strengthen scientific research and moni- of Georgia): By Mr. KNOLLENBERG (for himself toring, and to promote public outreach, edu- H.R. 2436. A bill to conduct a study on the and Mr. DINGELL): cation, and awareness, of Chronic Wasting effectiveness of ballistic imaging technology H. Con. Res. 215. Concurrent resolution Disease affecting free-ranging populations of and evaluate its effectiveness as a law en- honoring and congratulating chambers of deer and elk, and for other purposes; to the forcement tool; to the Committee on the Ju- commerce for their efforts that contribute to Committee on Resources, and in addition to diciary. the improvement of communities and the the Committee on Agriculture, for a period By Mr. STARK (for himself, Mr. RAN- strengthening of local and regional econo- to be subsequently determined by the Speak- GEL, Mr. CARDIN, Mr. MCDERMOTT, mies; to the Committee on Energy and Com- er, in each case for consideration of such pro- Mr. GEORGE MILLER of California, Mr. merce. visions as fall within the jurisdiction of the COOPER, Mr. FROST, Ms. LEE, Mr. f committee concerned. LANTOS, Ms. MILLENDER-MCDONALD, By Mr. KIND (for himself, Mr. UDALL of Mr. SERRANO, and Mr. WEXLER): MEMORIALS Colorado, Mr. TERRY, Mr. GILCHREST, H.R. 2437. A bill to provide for grants to Mr. GUTKNECHT, Mr. PALLONE, Mr. State child welfare systems to improve qual- Under clause 3 of rule XII, memorials MANZULLO, Mr. UDALL of New Mex- ity standards and outcomes, to increase the were presented and referred as follows: ico, Mr. PETERSON of Minnesota, Mr. match for private agencies receiving train- 81. The SPEAKER presented a memorial of KENNEDY of Minnesota, Mr. REHBERG, ing funds under part E of title IV of the So- the House of Representatives of the State of Mr. STUPAK, Mr. THOMPSON of Cali- cial Security Act, and to authorize the for- Michigan, relative to House Resolution No.

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36 memorializing the United States Congress based and owned lumber manufactures to H.R. 687: Mr. BUYER, Mr. BILIRAKIS, Mr. to establish a quarantine for the emerald ash sell their products through company-owned SCHROCK, Mr. KLINE, Mr. GRAVES, and Mr. borer and provide assistance to help Michi- retail outlets; to the Committee on the Judi- SESSIONS. gan combat the infestation; to the Com- ciary. H.R. 713: Mr. WALDEN of Oregon. mittee on Agriculture. 92. Also, a memorial of the Legislature of H.R. 716: Mr. SNYDER, Mr. LATHAM, Mr. 82. Also, a memorial of the Legislature of the State of Arizona, relative to House Con- MICHAUD, Mr. MEEHAN, Mr. LARSON of the State of Louisiana, relative to Senate current Memorial No. 2005 memorializing the ConnecticutMr. OTTER, and Mr. COOPER. Concurrent Resolution No. 18 memorializing United States Congress to include Native H.R. 728: , Mr. VITTER and Mr. DOOLITTLE. the United States Congress to take imme- american governments in the state cemetery H.R. 785: Mr. ALEXANDER. diate and focused efforts to improve the en- grants program; to the Committee on Vet- H.R. 811: Mr. BELL. forcement of food import restrictions of sea- erans’ Affairs. H.R. 823: Mr. SHERMAN. H.R. 871: Mr. TIAHRT. food imports that contain the use of banned 93. Also, a memorial of the Legislature of H.R. 890: Mr. HOLDEN and Mr. WYNN. antibiotics, especially in foreign imported the State of Michigan, relative to House Res- H.R. 898: Mr. SCHROCK and Mr. WALDEN of shrimp; to the Committee on Agriculture. olution No. 42 memorializing the United Oregon. 83. Also, a memorial of the Legislature of States Congress to enact the President’s tax H.R. 941: RYAN of Wisconsin. the State of Louisiana, relative to House cut proposals; to the Committee on Ways H.R. 944: Mr. PLATTS. Concurrent Resolution No. 90 memorializing and Means. H.R. 947: Mrs. LOWEY and Mr. FROST. the United States Congress to urge the Sec- 94. Also, a memorial of the Legislature of H.R. 953: Mr. MEEK of Florida. retary of Agriculture to expeditiously imple- the State of Idaho, relative to House Joint H.R. 1052: Mr. FARR, Mr. ABERCROMBIE, Mr. ment and expand cost of production insur- Resolution No. 12 memorializing the United CASE, Mr. MENENDEZ, and Mrs. TAUSCHER. ance for cotton that is based on a producer’s States Congress that the Idaho Legislature H.R. 1068: Mr. SAXTON, Mr. CRANE, Mr. actual production cost history and to imple- supports the Healthy Forests Initiative and COSTELLO, Ms. MCCOLLUM, and Ms. WOOLSEY. ment a cost of production insurance pilot its individual proposals and that we respect- H.R. 1078: Mr. ROGERS of Michigan, Mr. program; to the Committee on Agriculture. fully request the entire Congress to fully CAMP, Mr. SULLIVAN, Mr. MOLLOHAN, Mr. 84. Also, a memorial of the Legislature of support the Healthy Forests Initiative and RENZI, Mr. BARRETT of South Carolina, Mr. the State of Arizona, relative to Senate Con- its individual proposals; jointly to the Com- FRANKS of Arizona, Mr. BRADLEY of New current Resolution No. 1021 memorializing mittees on Agriculture and Resources. Hampshire, Mr. PICKERING, Mr. LEWIS of the United States Congress to declare sup- 95. Also, a memorial of the Legislature of Kentucky, Mr. PORTER, Mr. JOHN, Mr. HYDE, port for a missle defense system; to the Com- the State of New Mexico, relative to House Mr. BONNER, Mr. ROGERS of Alabama, Mr. mittee on Armed Services. Memorial 12 memorializing the United CRAMER, Mr. DAVIS of Tennessee, Mr. HONDA, 85. Also, a memorial of the Legislature of States Congress to enact financially sustain- Mr. MCINTYRE, Mr. ALEXANDER, Mr. TANNER, the State of New Mexico, relative to House able, voluntary and universal prescription Mrs. EMERSON, Mr. KLECZKA, Mr. TURNER of Joint Memorial 11 memorializing the United drug coverage as part of the federal medicare Texas, Mr. THOMPSON of California, Mr. BOU- States Congress to fund forty percent of the program; jointly to the Committees on Ways CHER, Ms. MILLENDER-MCDONALD, Ms. average of the average per special needs and Means and Energy and Commerce. LOFGREN, Mr. ROSS, Mr. BELL, Mr. FROST, pupil expenditure in public elementary and 96. Also, a memorial of the Legislature of Mr. GORDON, Mr. WAMP, Mr. PRICE of North secondary schools in the U.S. as promised the State of Idaho, relative to House Joint Carolina, Mr. BAKER, Mr. HEFLEY, Mr. under the federal Individuals with Disabil- Resolution No. 10 memorializing the United BLUMENAUER, Mr. DUNCAN, Mr. NEAL of Mas- ities Education Act; to the Committee on States Congress to preserve access to sachusetts, Mr. ABERCROMBIE, Mrs. BONO, Mr. Education and the Workforce. backcountry airstrips by introducing into PENCE, Mr. SHIMKUS, Mr. THOMAS, Mr. 86. Also, a memorial of the Legislature of the current 108th Congress Senate Bill No. TIAHRT, Mr. KINGSTON, Mr. ROGERS of Ken- the State of New Mexico, relative to House 681, the Backcountry Landing Strip Access tucky, Mr. BOOZMAN, Mr. SHUSTER, Ms. HAR- Memorial 35 memorializing the United Act from the 107th Congress and its com- RIS, Mr. TAYLOR of Mississippi, Mr. SENSEN- States Congress that the federal energy reg- panion legislation House Resolution No. 1363; BRENNER, Mr. TERRY, Mr. MURTHA, Ms. HAR- ulatory commission be request to withdraw jointly to the Committees on Resources, Ag- MAN, Mr. PASTOR, Mr. NETHERCUTT, Mr. PUT- its current standard market design for the riculture, and Transportation and Infra- NAM, Mr. HAYWORTH, Ms. PRYCE of Ohio, Mr. nation’s wholesale electricity markets; to structure. LINCOLN DIAZ-BALART of Florida, Mr. MARIO the Committee on Energy and Commerce. DIAZ-BALART of Florida, Mr. PEARCE, Mrs. 87. Also, a memorial of the Legislature of f BLACKBURN, Mr. BROWN of South Carolina, the State of Nevada, relative to Senate Joint Mr. JENKINS, Mrs. KELLY, Mr. COX, Ms. GINNY Resolution No. 2 memorializing the United ADDITIONAL SPONSORS BROWN-WAITE of Florida, Mr. RYAN of Ohio, States Congress to urge the Secretary of the Under clause 7 of rule XII, sponsors Mr. FORD, Mr. FEENEY, Mr. COOPER, Mr. Interior to expand the money authorized were added to public bills and resolu- UDALL of Colorado, Ms. SCHAKOWSKY, Mr. pursuant to the Southern Nevada Public tions as follows: SANDLIN, and Mr. TANCREDO. Land Management Act of 1998, Pub. L. 105- H.R. 20: Mr. GARY G. MILLER of California H.R. 1087: Ms. BORDALLO. 263, 112 Stat. 2343; to the Committee on Re- H.R. 1110: Mr. GONZALEZ, Mr. LANTOS, Mr. and Mr. DAVIS of Alabama. sources. JEFFERSON, Ms. CORRINE BROWN of Florida, 88. Also, a memorial of the Legislature of H.R. 49: Mr. BOUCHER and Mr. GREEN of Wisconsin. Mr. CRAMER, and Ms. MILLENDER-MCDONALD. the State of Nevada, relative to Senate Joint H.R. 1157: Mr. EHLERS. H.R. 141: Mr. COBLE. Resolution No. 1 memorializing the United H.R. 1196: Mr. HOEFFEL. H.R. 236: Mr. MENENDEZ, Mr. GONZALEZ, Mr. States Congress to urge the Secretary of the H.R. 1225: Mr. HULSHOF, Mr. ETHERIDGE. WEINER, Ms. LINDA T. SANCHEZ of California, Interior to amend the regulations set forth H.R. 1229: Mr. KLINE. in 43 C.F.R. Section 4120.3-9 by deleting the Mr. EVAN, Mr. DOGGETT, Mr. EDWARDS, Mrs. H.R. 1268: Mr. FROST, Ms. MILLENDER- second sentence of that regulation in its en- CAPPS, Mrs. TAUSCHER, Mr. DOOLEY of Cali- MCDONALD. tirety; to the Committee on Resources. fornia, Mr. GORDON, Mr. MCDERMOTT, Mr. H.R. 1288: Mr. SAXTON, Mr. WATT, Mr. 89. Also, a memorial of the Legislature of SKELTON, Ms. MCCARTHY of Missouri and Mr. BAKER, Mr. LYNCH, Mr. DAVIS of Florida, Mr. the State of New Mexico, relative to House CARDIN. LATHAM, Mr. CLYBURN, and Mr. SHAYS. Joint Memorial 13 memorializing the United H.R. 303: Mr. MILLER of North Carolina and H.R. 1310: Mr. TURNER of Texas, Mr. OBER- States Congress to endorse the western Mr. MURPHY. STAR, Mr. BOSWELL, Mr. BAKER, Mr. ABER- states education initiative to seek just com- H.R. 331: Mr. ANDREWS. CROMBIE, Mr. TAUZIN, Mr. SMITH of Wash- pensation from the federal government on H.R. 369: Mr. RYAN of Ohio, Mr. TURNER of ington, Mrs. CUBIN, Mr. WILSON of South federally owned land and that it urge the Ohio, Mr. CAMP, Mrs. JONES of Ohio and Mr. Carolina, Mr. SHERWOOD, and Mr. ALEX- federal government to provide an expedited BOEHNER. ANDER. land exchange process for land not in conten- H.R. 390: Mr. HONDA. H.R. 1360: Mr. PAUL. tion for wilderness designation; to the Com- H.R. 401: Mr. SHERMAN. H.R. 1429: Mr. MCDERMOTT. mittee on Resources. H.R. 448: Mr. TAYLOR of Mississippi. H.R. 1430: Mr. LYNCH, Mr. UDALL of Colo- 90. Also, a memorial of the Legislature of H.R. 502: Mrs. JO ANN DAVIS of Virginia. rado. the State of Arizona, relative to Senate Me- H.R. 528: Mr. MCDERMOTT. H.R. 1442: Mr. GREEN of Wisconsin, Ms. morial No. 1002 memorializing the United H.R. 565: Mr. STUPAK. CORRINE BROWN of Florida, Mr. EVANS, and States Congress to support the Tohono H.R. 570: Mr. HASTINGS of Washington. Mr. MILLER of Florida. O’odham Nation’s citizenship act; to the H.R. 571: Mr. ROSS, Mr. LAHOOD, Mr. H.R. 1472: Mr. ENGEL, Ms. PRYCE of Ohio, Committee on the Judiciary. NCNULTY, and Mr. KELLER. Mr. WEXLER, Mr. LYNCH, MS. KILPATRICK, 91. Also, a memorial of the Legislature of H.R. 583: Mr. KOLBE. Mr. BURNS, Mr. SCHIFF, Mr. GUTIERREZ, Ms. the State of Louisiana, relative to House H.R. 584: Mr. BOEHLERT. JACKSON-LEE of Texas, Ms. NORTON, Mrs. Concurrent Resolution No. 117 memorializing H.R. 586: Mr. TURNER of Ohio and Mr. BONO, Ms. EDDIE BERNICE JOHNSON of Texas, the United States Congress to provide an ex- WEINER. Mr. HASTINGS of Florida, Ms. CARSON of Indi- emption to the Sherman Anti-Trust Act to H.R. 643: Mr. GONZALEZ and Mr. KUCINICH. ana, Mr. OWENS, Ms. MCCOLLUM, Ms. MCCAR- allow small and medium sized United States H.R. 655: Mr. KING of Iowa. THY of Missouri, Ms. VELAZQUEZ, Mr.

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CUMMINGS, MRS. MALONEY, Mr. CARDIN, Mr. H.R. 2134: Mr. HOYER and Ms. LOFGREN. H. Res. 246: Mr. GRIJALVA. VAN HOLLEN, Ms. SOLIS, Mr. RODRIGUEZ, Mr. H.R. 2172: Mrs. MYRICK. H. Res. 259: Ms. WOOLSEY and Mr. NADLER. DOOLEY of California, Mr. HINOJOSA, Mr. H.R. 2173: Mr. FROST, Mr. PAYNE, and Mr. H. Res. 262: Mr. BELL, Mr. BAKER, Mr. PAYNE, Mr. WATT, Mr. JEFFERSON, Ms. CAPUANO. MCNULTY, and Mrs. BIGGERT. CORRINE BROWN of Florida, Ms. LINDA T. H.R. 2180: Mr. BAIRD. H. Res. 264: Mr. TANCREDO, Mr. TIAHRT, Ms. SANCHEZ of California, Mr. GONZALEZ, Mr. H.R. 2181: Ms. BALDWIN, Mr. BOEHNER, Mr. LEE, Mr. GALLEGLY, Ms. ROS-LEHTINEN, Mr. BISHOP of New York, Mr. BELL, Mr. FATTAH, DUNCAN, Mr. HOSTETTLER, and Mr. SOUDER. FALEOMAVAEGA, Ms. WATSON, Mr. SMITH of Ms. MILLENDER-MCDONALD, and Mr. MATSUI. H.R. 2205: Mr. BURNS, Mr. TAUZIN, Mr. Washington, Mr. CROWLEY, Mr. SCHIFF, and H.R. 1479: Mr. ISRAEL. PITTS, and Mr. ETHERIDGE. Mr. BLUMENAUER. H.R. 1482: Mr. WEXLER, Mr. MCNULTY, Ms. H.R. 2224: Mr. WILSON of South Carolina, MILLENDER-MCDONALD, and Ms. CORRINE Mr. MCNULTY, and Mr. TERRY. H.R. 2232: Mr. BOOZMAN, Mr. JEFFERSON, f BROWN of Florida. H.R. 1499: Mr. GRIJALVA. Mr. DOOLITTLE, Mr. MOORE, Mr. GUTKNECHT, H.R. 1515: Mr. KING of Iowa. Ms. MCCARTHY of Missouri, Mr. SANDLIN, Mr. DELETIONS OF SPONSORS FROM H.R. 1522: Mrs. MALONEY and Mr. PAUL. PITTS, and Mr. BACHUS. PUBLIC BILLS AND RESOLUTIONS H.R. 1539: Mr. ALEXANDER. H.R. 2242: Mr. ROGERS of Michigan. H.R. 2249: Mr. ALLEN, Mr. PAUL, Mr. Under clause 7 of rule XII, sponsors H.R. 1615: Ms. SLAUGHTER and Mr. WEXLER. H.R. 1626: Mr. WELDON of Florida. MICHAUD, Mr. EVANS, Mr. GREEN of Wis- were deleted from public bills and reso- H.R. 1643: Mr. GREEN of Wisconsin, Mr. consin, and Mr. HINCHEY. lutions as follows: H.R. 2264: Mr. ROGERS of Kentucky, Mr. DOYLE, and Mr. ALEXANDER. H.R. 660: Ms. EDDIE BERNICE JOHNSON of GRIJALVA, Mr. HINCHEY, Mr. ABERCROMBIE, H.R. 1660: Mr. BRADY of Texas, Mr. KING- Texas. C OLLUM ANNER AIRD STON, Mr. SHAW, and Mr. HEFLEY. Ms. M C , Mr. T , Mr. B , Mr. WELDON of Florida, Ms. MCCARTHY of Mis- H.R. 1675: Ms. SLAUGHTER and Mr. NUSSLE. f H.R. 1710: Mr. WELLER. souri, and Mr. CARDOZA. H.R. 1722: Ms. LEE, Ms. JACKSON-LEE of H.R. 2265: Mrs. BLACKBURN, Mr. CAMP, and Texas, Mr. FRANK of Massachusetts, and Mr. Mr. HULSHOF. AMENDMENTS H.R. 2291: Mr. KUCINICH and Ms. BERKLEY. CASE. H.R. 2325: Mr. SHERMAN. Under clause 8 of rule XVIII, pro- H.R. 1727: Mr. ENGLISH. H.R. 2330: Ms. WOOLSEY, Ms. BALDWIN, and posed amendments were submitted as H.R. 1767: Mr. LINDER and Mr. TERRY. Mr. STARK. H.R. 1771: Mr. GRIJALVA. follows: H.R. 2333: Mr. NUSSLE and Mr. NETHERCUTT. H.R. 1795: Mr. ALEXANDER. H.R. 1308 H.R. 2351: Mr. UPTON, Mr. PORTMAN, and H.R. 1819: Mr. RUSH. Mr. KENNEDY of Minnesota. OFFERED BY: MR. KING H.R. 1828: Mr. INSLEE, Mr. JEFFERSON, Mr. H.R. 2377: Mr. FROST. At an appropriate place insert the fol- JOHN, Mr. RODRIGUEZ, Mr. STRICKLAND, Mr. H.R. 2379: Mr. PORTER. lowing: BACA, Mr. EVANS, Ms. HARMAN, Mr. KELLER, H.R. 2404: Ms. JACKSON-LEE of Texas and AMENDMENT NO. 1: Mr. POMBO, Mr. SESSIONS, Mr. SIMMONS, Mr. Mr. BERMAN. BONNER, Mr. SULLIVAN, Mr. MCCRERY, Mr. SEC. ll. INCREASE IN HISTORIC REHABILITA- H. Con. Res. 37: Mr. HOLDEN. TION CREDIT FOR CERTAIN LOW-IN- PUTNAM, Mr. RAMSTAD, Mr. UPTON, Mr. H. Con. Res. 87: Mr. CROWLEY. COME HOUSING FOR THE ELDERLY. FOSSELLA, Mr. CRENSHAW, Mr. STEARNS, Mr. H. Con. Res. 134: Mr. GREEN of Wisconsin (a) IN GENERAL.—Section 47 (relating to re- TERRY, and Mr. SHIMKUS. and Mr. MEEKS of New York. habilitation credit) is amended by adding at H.R. 1859: Mr. GREEN of Wisconsin. H. Con. Res. 152: Mr. DAVIS of Florida. the end the following new subsection: H.R. 1868: Mr. HINOJOSA and Mr. GRIJALVA. H. Con. Res. 169: Mr. DELAHUNT. ‘‘(e) SPECIAL RULE REGARDING CERTAIN HIS- H.R. 1874: Mr. LYNCH, Mr. GREEN of Texas, H. Con. Res. 200: Mr. KUCINICH. TORIC STRUCTURES.—In the case of any quali- and Mr. FROST. H. Con. Res. 209: Mr. LANTOS, Mrs. JO ANN fied rehabilitation expenditure with respect H.R. 1889: Mrs. CAPPS and Mr. KUCINICH. DAVIS of Virginia, Mr. GALLEGLY, Ms. KAP- to any certified historic structure— H.R. 1914: Mr. KLINE. TUR, Mr. OLVER, Mr. CROWLEY, Mr. JANKLOW, ‘‘(1) which is placed in service after the H.R. 1915: Mr. CROWLEY. Mr. MCCOTTER, Mr. BERMAN, Mr. HINCHEY, date of the enactment of this subsection, H.R. 1943: Ms. JACKSON-LEE of Texas, Mr. Mrs. MCCARTHY of New York, Mr. MCNULTY, ‘‘(2) which is part of a qualified low-income PETERSON of Pennsylvania, and Mr. KING of Mr. WICKER, and Ms. ROS-LEHTINEN. building with respect to which a credit under Iowa. H. Con. Res. 213: Ms. WATSON and Mr. BELL. H.R. 1956: Mr. DEUTSCH. H. Res. 38: Mr. KUCINICH. section 42 is allowed, and H.R. 1981: Mr. NADLER. H. Res. 49: Mr. BURGESS. ‘‘(3) substantially all of the residential H.R. 1991: Mr. FROST. H. Res. 58: Mr. ACKERMAN, Mr. MENENDEZ, rental units of which are used for tenants H.R. 1995: Mr. FRANK of Massachusetts. Mr. BLUMENAUER, Mr. BURTON of Indiana, who have attained the age of 65, subsection H.R. 1999: Ms. WATSON. Mr. FATTAH, Mr. CARDIN, Mr. PRICE of North (a)(2) shall be applied by substituting ‘25 per- H.R. 2022: Mr. SMITH of Michigan, Mr. Carolina, Ms. LOFGREN, Mr. THOMPSON of cent’ for ‘20 percent’.’’. HOEKSTRA, Mr. MILLER of Florida, and Mr. Mississippi, Mr. FRANK of Massachusetts, Mr. (b) APPLICATION OF MACRS.—The Internal ETHERIDGE. KILDEE, Mr. KUCINICH, Mr. BERRY, Mr. HOLT, Revenue Code of 1986 shall be applied and ad- H.R. 2028: Mr. KOLBE, Mr. HENSARLING, and Ms. BALDWIN, Ms. WATSON, and Mr. ENGEL. ministered as if paragraph (4)(X) of section Mr. NETHERCUTT. H. Res. 194: Mr. EVANS, Mr. TANCREDO, and 251(d) of the Tax Reform Act of 1986 as ap- H.R. 2034: Mr. TOOMEY. Mr. MCNULTY. plied to the amendments made by section 201 H.R. 2075: Mr. WEXLER, Mr. YOUNG of Flor- H. Res. 198: Mr. RYUN of Kansas, Mr. of such Act had not been enacted with re- ida, and Mr. LINCOLN DIAZ-BALART of Flor- TERRY, and Mr. BALLENGER. spect to any property described in such para- ida. H. Res. 199: Mr. WAXMAN, Mr. EVANS, Mr. graph and placed in service after the date of H.R. 2085: Mr. FARR. LARSEN of Washington, Mr. MORAN of Vir- the enactment of this Act. H.R. 2114: Mr. BARTON of Texas and Mr. ginia, and Mr. ACKERMAN. (c) EFFECTIVE DATE.—The amendment BEAUPREZ. H. Res. 237: Mr. HASTINGS of Florida. made by subsection (a) shall apply to prop- H.R. 2130: Mr. MENENDEZ, and Mr. H. Res. 242: Mr. MARIO DIAZ-BALART of erty placed in service after the date of the LOBIONDO. Florida and Mr. HAYWORTH. enactment of this Act.

VerDate Jan 31 2003 05:15 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.055 H11PT1 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, WEDNESDAY, JUNE 11, 2003 No. 85 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING week, we would like to be able to lock called to order by the Honorable SAM PRESIDENT PRO TEMPORE in a list of the remaining amendments BROWNBACK, a Senator from the State The PRESIDING OFFICER. The to the Energy bill during today’s ses- of Kansas. clerk will please read a communication sion. I remind my colleagues we will vote The PRESIDING OFFICER. Today’s to the Senate from the President pro on the confirmation of the nomination prayer will be offered by our guest tempore (Mr. STEVENS). of Richard Wesley to be a Circuit Court Chaplain, Rabbi Dr. Bernhard H. The legislative clerk read the fol- Judge for the Second Circuit at 11:15 Rosenberg, Edison, NJ. lowing letter: this morning. U.S. SENATE, PRAYER In addition, there are a number of PRESIDENT PRO TEMPORE, other Executive Calendar nominations Washington, DC, June 11, 2003. The guest Chaplain offered the fol- ready for votes, and we will attempt to lowing prayer: To the Senate: Under the provisions of rule I, paragraph 3, set a time certain for votes on those as Eternal God, grant us the ability to well. face this new day with faith and opti- of the Standing Rules of the Senate, I hereby appoint the Honorable SAM BROWNBACK, a Also, with respect to the schedule, mism. Empower the men and women of Senator from the State of Kansas, to per- Senator MCCONNELL has continued to this respected Senate with strength to form the duties of the Chair. work for a vote on the Burma sanc- live and labor with sincerity of pur- TED STEVENS, tions bill. I am very hopeful that over pose. Enable them to be of good cour- President pro tempore. the course of the morning we will be age in moments of adversity and endow Mr. BROWNBACK thereupon as- able to address this very important and them with fortitude to fulfill their sumed the Chair as Acting President timely issue and bring this to closure. daily tasks. Bless our revered Senators pro tempore. As I indicated yesterday, I fully sup- with vigor of body and health of mind. f port his efforts and we will work for a Bless them with the power to face the resolution today. The Senate, I believe, challenge of leadership with valor. RECOGNITION OF THE MAJORITY should speak loudly and clearly on the Bless our country, the United States LEADER recent actions in Burma. of America, and shield its inhabitants The ACTING PRESIDENT pro tem- We would also like to consider and from every enemy and danger. Help our pore. The majority leader is recog- complete the FAA reauthorization this Senators guard the liberties we hold nized. week, and we will continue to look for sacred. Grant that our country will a way to schedule that matter. serve as an inspiring light for liberty f In addition, there are other issues I loving people throughout the world. In- SCHEDULE have mentioned each morning on which spire our Senators to help create a we are working. It is important for our Mr. FRIST. Mr. President, this morn- world of freedom, equality, and justice colleagues to come together so we can ing the Senate will be in a period of for all. address them in a straightforward and morning business until 10 a.m. At 10 Lord, teach us to walk along the path timely manner, including the issue sur- o’clock, the Senate will resume consid- of life with faith in Thee and trust in rounding the bioshield bill. eration of S. 14, the Energy bill. Pend- Thy wisdom. In the words of the poet, Mr. REID. Will the majority leader ing is the Reid second-degree amend- grant me ‘‘the courage to change the yield for a comment on the schedule? ment to the Feinstein first-degree things I can change, the serenity to ac- Mr. FRIST. Yes. amendment on the issue of derivatives. Mr. REID. Mr. President, first of all, cept those I cannot change, and the There are a number of Members who we will have for the leader sometime wisdom to know the difference’’. Amen. are reviewing those amendments at today a finite list of amendments from this time. It is a complicated issue. I our side. Also, Senator FEINSTEIN, f know that a number of people, includ- when she left last night, said she was ing the chairman of the Agriculture not going to agree to have her amend- PLEDGE OF ALLEGIANCE Committee, will want to speak on the ment set aside. The reason for that is The Honorable SAM BROWNBACK led amendment. somewhat based on last year when she the Pledge of Allegiance, as follows: In the interim, it is my hope that we worked with Senator Gramm for more I pledge allegiance to the Flag of the will continue to make progress on the than a week trying to get something United States of America, and to the Repub- bill and work through other amend- on that amendment and she never did. lic for which it stands, one nation under God, ments that may be offered. Also, as we She kept setting it aside, but she said indivisible, with liberty and justice for all. have discussed over the course of this she would not do that this time.

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

S7651

VerDate Jan 31 2003 02:51 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.000 S11PT1 S7652 CONGRESSIONAL RECORD — SENATE June 11, 2003 Mr. MCCONNELL. Will the majority Luther King Jr. Humanitarian Award, Chaplain of the Year Award from the leader yield? and the Chaplain of the Year Award for New York Board of Rabbis for his ef- Mr. FRIST. Yes. his work relating to the September 11 forts during and following 9/11. Mr. MCCONNELL. I thank the major- attacks. On June 10, 2002, Rabbi Rosenberg ity leader for raising again the issue of I take this opportunity to thank was presented with the annual Rabbi the Burma sanctions bill. I say to him Rabbi Rosenberg for his years of serv- Israel Mowshowitz Award by the New and our colleagues in the Senate that ice to the State of New Jersey, to the York Board of Rabbis. we have now been working for 2 days to Jewish Community, and to the Nation. We are privileged to have Rabbi try to get this matter cleared. He has earned the profound respect of Rosenberg of Edison, NJ, to lead the While we are involved in the minutia the people of New Jersey and this Sen- Senate in prayer today. of the clearing process, Aung San Suu ator. The ACTING PRESIDENT pro tem- Kyi is still, in effect, in prison. We need Mr. LAUTENBERG. Mr. President, pore. Who yields time? to send a message to the military in since 1789, every session of the Senate Mr. CORZINE. Mr. President, I sug- Burma, and we need to send it this has been opened with prayer. I am gest the absence of a quorum. week. proud that the Senate’s guest Chaplain The ACTING PRESIDENT pro tem- I am not going to propound another today, Rabbi Dr. Bernhard H. Rosen- pore. The clerk will call the roll. unanimous consent request at the mo- berg, is from my home State of New The legislative clerk proceeded to ment, but I want to put colleagues on Jersey. Rabbi Rosenberg is the spir- call the roll. notice that later in the day I will be itual leader of Congregation Beth-El in Mr. REID. Mr. President, I ask unan- doing that once again. In the mean- Edison, NJ. imous consent that the order for the time, the discussions continue. We As the only child of Holocaust sur- quorum call be rescinded. hope we will be able to resolve this vivors, the late Jacob and Rachel The PRESIDENT pro tempore. With- matter. I thank the majority leader Rosenberg, Rabbi Rosenberg has spent out objection, it is so ordered. very much for bringing that up. his life teaching the history and effects Mr. REID. Mr. President, I ask unan- Mr. FRIST. Mr. President, I yield the of the Holocaust. imous consent that the time during the floor. In 1933, there were over 9 million quorum call be charged equally to both f Jews living in Europe. Almost 6 million sides during the morning business pe- were killed in the next 12 years. ‘‘Holo- riod. MORNING BUSINESS caust,’’ translated from Greek, means The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- ‘‘sacrifice by fire.’’ The systematic per- pore. Without objection, it is so or- pore. Under the previous order, the secution and genocide of millions of in- dered. Senate will be in a period of morning nocent people in Europe was a ‘‘sac- Mr. REID. I suggest the absence of a business until 10 a.m., with the time rifice’’ the civilized world must never quorum. equally divided between the majority forget. I have met with Holocaust sur- The ACTING PRESIDENT pro tem- and minority leaders or their des- vivors, and I have seen the concentra- pore. The clerk will call the roll. ignees. tion camps. It was a hideous time in The legislative clerk proceeded to The Senator from New Jersey is rec- our world’s history. But it is vital to call the roll. ognized. learn about it, and it is vital to talk Mr. FRIST. Mr. President, I ask f about it. unanimous consent that the order for Rabbi Rosenberg serves his commu- the quorum call be rescinded. RABBI BERNHARD ROSENBERG nity as a leader, teacher, writer, and The ACTING PRESIDENT pro tem- Mr. CORZINE. Mr. President, I rise spiritual adviser. He is an impressively pore. Without objection, it is so or- now to thank Rabbi Bernhard Rosen- educated man, with multiple degrees in dered. berg for his stirring innovation this communication and education, and his f morning. This is only the latest honor ordination and doctorate of education GLOBALIZATION AND to be conferred on Rabbi Rosenberg for from Yeshiva University in New York. BIOTERRORISM his lifetime of distinguished service. He Rabbi Rosenberg teaches Holocaust is a pillar in New Jersey’s vibrant reli- Studies at the Moshe Aaron Yeshiva Mr. FRIST. Mr. President, I wish to gious community, serving as a spir- High School of Central New Jersey, and take this opportunity in morning busi- itual leader and educator, and his ac- has taught at Rutgers University and ness to comment on issues of current complishments speak for themselves. Yeshiva University. Rabbi Rosenberg events but also tied to the events of If I might be personal, Rabbi Rosen- has authored four books, with ‘‘Theo- the last several years. The issues relate berg is a terrific human being, whom I logical and Halachic Reflections on the to the natural and the unnatural emer- know personally. I am very pleased he Holocaust’’ now in its second printing. gence and use of biology and microbes joined us. He is the spiritual leader of Con- that have resulted in a convergence of As the son of Holocaust survivors, gregation Beth-El and a model citizen two issues. One is this natural occur- Rabbi Rosenberg has taught numerous in New Jersey. rence and one is the use of microbes, youngsters the importance of reflect- Rabbi Rosenberg has dedication and bacteria, viruses potentially as bio- ing on that awful period in world his- commitment that is unparalleled. He is terror agents, all of that coupled with tory, a period which led to the deaths the editor of a Holocaust publication another nexus, globalization, the real- of more than six million Jews, as well distributed by the Rabbinical Assembly ization and evolution of a much small- as countless others. He has written and editor of the New York Board of er world in which we all live. many books on that subject, including Rabbis Newsletter. As Interfaith Chair- Globalization is generally addressed ‘‘Contemplating the Holocaust’’ and man of the New Jersey State Holocaust in the context of economics, economies ‘‘What the Holocaust Means to Me: Commission, Rabbi Rosenberg is asso- of countries, information technologies, Teenagers Speak Out.’’ ciate editor of the State-mandated cur- coffee shop franchises, luxury hotels, Rabbi Rosenberg has served New Jer- riculum on Holocaust and Genocide. luxury clothing—what labels are on the sey in many capacities, including as a Rabbi Rosenberg is chairman of the backs of those sweaters and shirts— member of the New Jersey State Holo- Human Rights Commission and chap- Internet surfing, instant messages. caust Commission, an appointee to the lain of the Department of Public Safe- Globalization has helped democratize New Jersey Parole Board, and as the ty, police and fire, of Edison, NJ. He is faraway countries. It has brought chairman of the Edison Human Rights president and founder of the New Jer- wealth and comfort to many of the Commission. For his years of commit- sey Second Generation Holocaust Sur- world’s peoples. But it has always ex- ment to the Jewish community and his vivors’ Group. posed us to new vulnerabilities which humanitarian spirit, he has received a The work of Rabbi Rosenberg has not we have read about in recent years and, number of awards, including the Rabbi gone unnoticed. He recently received indeed, we read about each day in the Israel Moshowitz Award by the New the Dr. Martin Luther King Jr. Human- papers. Specifically, globalization has York Board of Rabbis, the Dr. Martin itarian Award. He also received the brought us much closer to the threat of

VerDate Jan 31 2003 23:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.003 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7653 natural disease as well as disease used as biological weapons to threaten oth- I yield the floor. potentially as an instrument of terror. ers. This very body, the Senate, has The ACTING PRESIDENT pro tem- We can take, for example, the out- been attacked with anthrax. We know pore. The Senator from Wyoming. break of monkeypox about which we there is an entity called the plague Mr. THOMAS. We are in morning are reading and listening today. We which, indeed, wiped out about a third business, is that correct? know monkeypox causes fever, head- of Europe in the 1300s. The ACTING PRESIDENT pro tem- ache, cough, and an extremely painful We know the risk of smallpox. We pore. That is correct. rash with pus-filled sores that can know one gram of botulinum toxin, if f spread across the body. We know in aerosolized, has the potential for tak- REFORM OF OUR GOVERNMENT children and those individuals who ing the lives of a million and a half have a suppressed immune system, people. Mr. THOMAS. Mr. President, I will whether it is because of cancer or I mention all of this not to be an make a couple of comments that are a treatment for cancer or other auto- alarmist but to give some definition to little different than the subject we immune diseases, it can cause death. what I think we all know today but we have been talking about. It is some- Monkeypox is suspected to have did not think very much about 3 or 5 thing that I do not have the rec- originated with the importation of an years ago, and that is these threats, ommendation as to how we resolve it exotic pet, actually a rather popular those of bioterrorism and the naturally particularly, but I am persuaded we exotic pet called the Gambian giant occurring, are real. need to spend a little more time on it, rat. Then the monkeypox virus appar- With regard to bioterrorism, I do which I intend to, and that is govern- ently jumped to infect the pet prairie commend President Bush for success- ment activities we are involved in. Of dogs, and then jumped to infect human fully leading America and indeed the course, the many government activi- beings. We know there are 37 suspected world to face these new realities of ter- ties we are involved in are probably the or confirmed cases of monkeypox that rorists. We have disrupted terrorist largest combined organizational thing are currently being investigated by the networks. We have frozen terrorist as- we do in this country. It would be in- Centers for Disease Control. Public sets. We have removed terrorist leaders teresting to know, and I intend to see health officials, we learn, fear the prai- and indeed have arrested more than if there is not a way for all of us to do rie dog owners will release their in- 3,000 individual terrorists worldwide. so, to get a look at all the kinds of pro- fected pets into the wild and, thus, We have toppled two of the world’s grams and different activities the Fed- spread the disease through commu- most notorious terrorist regimes in Af- eral Government is involved in. It is nities, regions, and, indeed, throughout ghanistan and Iraq with decisive vic- massive, of course. North America. tories. We spend trillions of dollars on ac- Some also believe that this outbreak With regard to our domestic re- tivities in the Federal Government. I of monkeypox is the tip of a growing sponse, we are finally rebuilding our do not suggest that is not legitimate. problem of infectious diseases being public health system after a long pe- The Federal Government has a job to brought into the country through the riod of neglect. As a nation, this has do and we need to do it. What I do be- importation of exotic animals. enabled us to respond, in an appro- lieve is that because of the nature of it Not too long ago—and, in fact, even priate way, to the potential spread of and because of the nature of this body, right now—we focused on SARS. As we SARS much more effectively than frankly, we do not really work very have seen with SARS, international other countries. We must continue to hard at ensuring that the delivery of travel by humans is also proving to be invest in and enhance our public health these services is done as efficiently as a conduit of disease. As I speak, To- system to detect and respond to such it could be. We are a little different, of ronto is struggling with yet another emergencies, for, as I said earlier, we course, than the private sector in that suspected outbreak of SARS and at any will see more. there are some inherent barriers in the point could go back on the World We must actively lead the way to de- private sector. If one is not very effi- Health Organization’s travel advisory velop new treatments in vaccines, and cient, they are not able to continue to list. that is why when I come to the floor compete with others and they are not The SARS epidemic continues to dis- each morning and mention the impor- able to go on. That is not true in the rupt international travel, continues to tance of vaccine research, vaccine de- Government, of course. There is not affect and, indeed, depress national velopment, and specifically bioshield that kind of limitation. economies. legislation, which is sitting before this So it seems to me we ought to give a Monkeypox, SARS, West Nile virus, body perched and ready for us to act little more thought to how we do which we know is seasonal—it has been upon it, but there are certain problems things. It is quite natural that when 4 years since it first arrived in New we have had among ourselves in com- there is a need somewhere, through the York, and it has claimed 284 deaths and ing to an agreement, how best to bring political process we bring up some res- 4,156 infections. Several years ago, peo- that to the floor—but that bioshield olution to the need, some way to work ple did not know what West Nile virus legislation is in exact response to these on the need, and it usually creates a was. Several months ago we did not issues I mention today. new agency or creates a new depart- know what SARS was, and several days I should also add that we, and our ment within an agency or a new func- ago we did not know what monkeypox friends and allies across the world, tion, and there is no real way to ensure was. Last year, just in this region of must not allow other countries to pur- that that blends in to what is already Maryland, Virginia, and the District, sue biological weapons programs. being done in an efficient way. the West Nile virus killed 11 people. President Bush has set the United There certainly must be lots of op- After what has been a wet spring in States, with the help of our allies, portunities within this huge organiza- this region, where mosquito breeding is along a proper course to ultimately tion we have to be able to blend one facilitated, officials fear—again not to win the war on terror. I, for one, am thing in to another to do it more effi- be an alarmist—there will be another grateful he and his national security ciently, to deliver it more efficiently. I explosion of infections this summer. team have answered the call to serve in think clearly there is reason to believe West Nile has spread across the United this perilous time. We will defeat the that activities that were begun 30 States of America. It is now firmly es- forces of terror. We must take our en- years ago may need to be reviewed to tablished, entrenched as a North Amer- emies seriously, but because of see if they still are needed, and if they ican disease. West Nile, SARS, and now globalization they are closer than ever. are needed that they are done in a way monkeypox—we will see emerging in- I am optimistic. We have an obligation that is most effective and efficient. fections continue to appear, at least at in this body to respond and indeed pre- I am really not critical of the people this rate. These are the natural health pare for and prevent, whether it is who are doing these things. I am crit- threats. those naturally occurring infections or ical, I guess, or at least inquisitive Equally alarming is this whole arena any attempt of others to use these bio- about the system, because the system of bioterrorism, the use of microbes, logical agents as weapons of mass de- is set up in such a way that it does not viruses, bacteria, and other microbes struction. have a way to even consider change

VerDate Jan 31 2003 23:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.007 S11PT1 S7654 CONGRESSIONAL RECORD — SENATE June 11, 2003 very often. As I say, in the private sec- The ACTING PRESIDENT pro tem- mands on the current supply. Under tor, people are forced to change from pore. Is there objection? the Clean Air Act, to meet those clean time to time in order to continue to be Mr. REID. Mr. President, reserving air standards, and out in the Western effective and to continue to modernize. the right to object, I wonder if the bill States and those air sheds specifically, I do not think it is reasonable to think should be reported and then go into the only way you can meet those that a program that started in the morning business. standards and bring a new electrical 1950s, and it is now 2003, that that pro- Mr. CRAIG. I am going to talk on en- generating plant on line is to choose to gram is being done as efficiently as it ergy, anyway, so we could do that. I use gas to fire a turbine, to generate might be. I frankly sometimes think it would withdraw my UC. electricity. That is a tremendously in- would be a good idea if the various f efficient way to use the valuable com- things we pass that go into some kind modity of natural gas, but that is ex- CONCLUSION OF MORNING of services, some kind of activity, actly what the Federal Government BUSINESS should expire and we should have to go has told our utilities over the last two through the process of reexamining The ACTING PRESIDENT pro tem- decades: If you are going to bring a new what that operation is doing and if it is pore. Morning business is closed. generation on line, it will be a gas-fired still needed—and it may or may not f electrical turbine. Coal has problems; be—then see if it is being done in the ENERGY POLICY ACT OF 2003 we are working on clean coal tech- most efficient way possible. nology. This legislation embodies try- There are operations in the Govern- The ACTING PRESIDENT pro tem- ing to get us to a cleaner technology to ment, of course, that are designed to do pore. Under the previous order, the fire the coal electrical generation in that, such as OMB, the Office of Man- Senate will resume consideration of S. our country. agement and Budget, but it is very dif- 14, which the clerk will report. As a result, what are we talking ficult. The legislative clerk read as follows: about? What has been said and what we I am pleased that President Bush has A bill (S. 14) to enhance the energy secu- believe to be true is that there is now a modernization program going, but rity of the United States, and for other pur- rapidly occurring a major shortage in there is all kinds of resistance. The re- poses. natural gas. As a result, that is not sistance can be political: If it does not Pending: only going to drive up the cost to the happen to suit one’s particular commu- Feinstein amendment No. 876, to tighten consumer in his or her individual nity as a politician, why, they are op- oversight of energy markets. home—and I will read from an article: posed to that. I think it is fair to say Reid amendment No. 877 (to amendment Another witness, Donald Mason, head clearly that the labor union leaders No. 876), to exclude metals from regulatory of the Ohio Public Utilities Commis- who are involved with Government oversight by the Commodity Futures Trad- sion, predicted that the average resi- ing Commission. unions are overreacting to the idea dential heating bill next winter will be that some things ought to be made The ACTING PRESIDENT pro tem- at least $220 higher per household than available to be done in the private sec- pore. The Senator from the great State last winter. tor, which I think is a very reasonable of Idaho. That is a real shock to an economy thing to do. Mr. CRAIG. Mr. President, we are and to a household and why Alan We now have sort of an overstate- now resuming debate on S. 14, the na- Greenspan is obviously worried that ment of things that are trying to be tional energy policy for our country. I you spread that across a consuming na- done in the National Park Service. have been on the floor several times tion, and we are talking about hun- Well, there should be a few things that over the last number of weeks as we dreds of millions of dollars pulled out are competitive with the private sec- have debated different amendments. of the economy to go to the cost of tor, but the whole Park Service is not Yesterday, there were a couple of crit- heating when it had not been the case going to be turned over to the private ical votes as it related to nuclear. We before. That was one of the concerns. sector. No one has suggested that, but have a derivatives amendment at this The other concern is the tremendous that is the kind of thing we get. time by the Senator from California, price hike we are seeing at this time I do think we ought to pay a little and I think the Senator from Nevada and the impact that will have. Gas more attention to how we could make has a second degree on it. prices have nearly doubled in the past the delivery of services more efficient A fundamental question again year to about $6.31 per Btu, and there is and how we could review the services emerges, and emerged yesterday at a a 25-percent change expected. We ex- that are being delivered to see if indeed hearing on the Hill, with the statement pect prices to peak and we have seen they are in keeping with the times. of our Federal Reserve Chairman Alan one instance, about 3 months ago, over That has to be done in a special way Greenspan as to the importance of a a 200-percent increase in the price of because it just does not happen auto- national energy policy. natural gas as a spike in the market. matically. Politics keeps it from hap- Why is the Chairman of the Federal S. 14 is legislation to help facilitate pening. The complexity keeps it from Reserve, who is interested in the prime the construction of a major delivery happening. Sometimes labor unions are rate and the management of monetary system out of Alaska. In Alaska at this resistant to any change. I think it is supply of our country, concerned about moment we are pumping billions of our responsibility, and I intend to con- energy? It is fundamental why he is Btu’s of gas back into the ground be- tinue to look for opportunities, to ex- concerned about energy. He is con- cause we simply cannot transport it to amine, evaluate, and try to move for- cerned about the economy of our coun- the lower 48 States, and we do not want ward in making the delivery of essen- try and its strength, stability, and to flare it into the atmosphere as has tial services more efficient whenever ability to grow and provide jobs for the been the approach in the past in gas- possible. men and women who currently do not fields. It is too valuable a commodity, I yield the floor. have them, and to strengthen and sta- and we do not want to do that to the The ACTING PRESIDENT pro tem- bilize those jobs for the men and environment. pore. The Senator from Idaho. women who currently do have jobs. We have also looked at other oppor- Mr. CRAIG. Mr. President, I under- What was he talking about yester- tunities for access. Part of the dif- stand we are to resume debate on S. 14 day? He was talking about one of the ficulty today is delivery systems and at 10? primary feed stocks for energy in our building gas pipelines across America. The ACTING PRESIDENT pro tem- country, natural gas; the problems This legislation has provisions to help pore. That is correct. that we currently have with the supply facilitate more of that as it relates to Mr. CRAIG. The chairman of the of natural gas because this country has right of way and, of course, the rec- committee who is managing the bill is not effectively explored and developed, ognition of the environmental need and not yet on the floor. Until he comes, I for a variety of reasons, our natural the consequence and appropriate ad- ask unanimous consent to speak as in gas supply. justment there. morning business for no more than 10 In the context of not providing sup- What Alan Greenspan underlines in minutes. ply, we have provided extraordinary de- his comments, what Donald Mason

VerDate Jan 31 2003 23:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.009 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7655 from the Ohio Public Utilities Commis- they will want to stay warm and they effective way to finalize and produce sion underlines, was what Spence Abra- will have to pay their heating bill. We for this country a national energy pol- ham said last Friday when he called for should not ask Americans to make icy. a June 26 meeting of the National Pe- that choice if it is our failure to I certainly hope we can get on with troleum Council to talk about this im- produce a national energy policy and the business that the Senate does pending gas shortage crisis: Our coun- to produce energy that has caused best—get to the floor, debate the try needs a national energy policy. them to have to make that choice. issues, offer the amendments, vote on I hope all of my colleagues rally to That is the issue. them, and ultimately get this legisla- that reality. Why should we force upon I hope the Senate will expedite the tion to our President’s desk so our the American consumer a $200- or $300- passage of S. 14. We have been on it country can once again stand tall and increase in their energy costs next year now nearly 4 weeks, 3 weeks to be strong in the field of energy. simply because this Senate and this exact. We are being told there are hun- I yield the floor. Congress will not do its work or can’t dreds of amendments out there. There The PRESIDING OFFICER. The Sen- do its work? We debated mightily a are not hundreds of amendments on ator from Nevada. year ago an energy policy. We got it to this side of the aisle. There are a few. Mr. REID. Mr. President, I say to the a conference. The differences were too We ought to ask, and I hope we can get distinguished Senator from Idaho, we great. Ultimately, we could not arrive by the end of business this week, a fi- will, as I indicated to the majority at a final product to go to our Presi- nite list and a unanimous consent that leader today, have a list sometime dent’s desk. will bring this issue together so we can today, a finite list of amendments on our side. I would also say the holdup, What Senator DOMENICI has done as say to our colleagues and to the Amer- the slowdown on this bill in the last 24 chairman of the Energy and Natural ican people: The Senate is ultimately hours is not anything that we on this Resources Committee is craft a broad- going to vote on this legislation, help side have done. Senator FEINSTEIN has based national energy policy that is as produce a national energy policy, get it offered an amendment. That amend- much production as it is conservation. into conference with the House, and ment needs to be disposed of before we It is as much new technology as it is get it on the President’s desk as soon move forward. I hope the majority will the advancement and the improving of as we possibly can. make a decision in the near future as existing technology. It is truly a broad- Not only does the absence of a na- to what they want to do with that based national energy policy for our tional policy have a negative impact amendment. on our economy, the presence of one— country. More gas? Yes. More coal As indicated, I filed an amendment— this legislation—could have a tremen- usage? Yes. More wind usage? Yes. I am confident my friend from Idaho More photovoltaic or sunlight usage? dously positive impact. Many have said would agree with it—to exempt from You bet. The development of new, safe, in the analysis of S. 14, there are 500,000 her amendment minerals, which are clean, more effective utilization of nu- new jobs in this legislation alone. That such an important part of the Amer- clear? Absolutely. Why shy away from could be more jobs that would be cre- ican West. They have agreed to accept any energy source at this moment ated over the next 10 years by this leg- that amendment. Senator FEINSTEIN when we are forcing them on the Amer- islation than could be created by the has agreed to accept the amendment— ican consumer and the economy of this economic stimulus package, although not, I am sure, because she likes the country is increasing costs in the area we believe that will have a tremen- amendment a lot but because she real- of energy? dously positive impact. izes what happened when there was a Lastly, when we do all of that and we That is why we are here in the Cham- vote on this last year. drive up the costs of the job itself and ber debating it. I am frustrated by I hope that amendment will be ac- the cost of the product produced by those who say: Oh, no, not now; we cepted, the majority will allow that that job, we make ourselves increas- can’t do this; we can’t do that; or we amendment to be accepted, and we can ingly less competitive around the have hundreds of amendments; or we move forward on the Feinstein amend- world. are obstructing or dragging our feet. ment with an up-or-down vote or move I was out in the Silicon Valley this Let’s get a unanimous consent agree- to table, whatever they decide to do on weekend. I met with 50 CEOs of high- ment. Let’s get Senators to bring those it, but let’s move on. technology companies in San Jose. amendments to the floor. I am cer- Senator FEINSTEIN, for example, has They are interested in a lot of issues, tainly willing to debate them. I think other amendments she wishes to offer. but their No. 1 issue is energy and the we ought to vote on them. The Amer- She has one dealing with CAFE stand- ability to know that when they build a ican people ought to sort us out and ards. That was debated last time, but I plant in this country, whether it is in see who is for energy production in this am sure we will have to debate it this California or in any other State, they country, who is for driving down the time. But we should move forward on are going to be guaranteed a supply of projected costs to the average home this legislation. high-quality constant energy. The re- when it comes to their heating bill, I want the record simply to reflect ality is when they do not have it, they who is in favor of creating hundreds of we are not holding up this legislation. will shop elsewhere to build that plant. thousands of new jobs in clean tech- I have made public statements here, If they can’t get quality sustainable nology, environmentally sound tech- with the full knowledge of the Demo- energy in this country, then they will nology, and making this Nation once cratic leader, that we are cooperating go elsewhere. That means U.S. jobs go again self-reliant in the area of energy. on this Energy bill in the very best to some other country. S. 14 is critical legislation. We ought way we can. As we know, last year Shame on us as a country for having to be voting on it now. We ought not be when we had this bill up, there were 8 failed for the last decade to produce a dragging our feet or, in some instances, weeks of debate, approximately 125 national energy policy, and in failing obstructing. The debate is critical. amendments, and we had 35 recorded to do so, bringing Alan Greenspan to Senators, bring your amendments to votes. I hope we need not do that this the Hill to talk about an impending en- the floor. The chairman has pleaded time. I hope we can condense things ergy crisis again in domestic supply of with us time and time again to craft a and do it in fewer than 8 weeks. gas, and to have a utility commissioner unanimous consent agreement. The I also said publicly I appreciate very talk about a $220-per-year increase in Senator from Nevada, the whip for much how Senator FRIST has handled the cost of heating the average Amer- Democrats, has worked with us to try the bills generally since he has taken ican home by natural gas. to get a unanimous consent agreement. the leadership of the Senate—not filing Less food on the table, less money in If, on Friday, we cannot produce a cloture immediately. As long as we are the college trust fund for the chil- unanimous consent agreement of the cooperating, which we are on this, of- dren—all of those could be the con- body of amendments that will finally fering substantive amendments, he has sequence of a home that is unem- be offered and debated on this bill, then been very good about allowing debate ployed, a home that has to choose be- it begins to look as if somebody is ob- to go forward. tween staying warm and doing other structing this process, somebody sim- We continue, on this measure, to co- things. In a cold winter, ultimately, ply does not want it to go forward in an operate with the majority. We will

VerDate Jan 31 2003 23:58 Jun 11, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.013 S11PT1 S7656 CONGRESSIONAL RECORD — SENATE June 11, 2003 move forward with this most impor- list of amendments today sometime be- year and one which is dangerous to our tant legislation. I agree with the Sen- fore the close of business. No. 2, as the economy. ator from Idaho, this country needs an Senator from Idaho knows, as the Sen- In order to understand, we have to go energy policy. I underline, underscore ator from New Mexico knows, the lull back 2 years. Several years ago, Con- this. I didn’t hear all his remarks, I in the proceedings here is not any fault gress wanted to know exactly how our was called off the floor, but I did hear of the minority. We are waiting for the country should approach the regula- some of his statements regarding alter- majority to make a decision as to what tion of derivatives. As a result of that, native energy. The State of Nevada is they are going to do on the derivatives and after a few years of study and de- the Saudi Arabia of geothermal. We are amendment filed by the Senator from bate in which a precise time was put waiting for that development. We need California and the Senator from Illi- together to evaluate the issue, that certain tax incentives included in the nois. team came back with recommenda- tax portion of this bill. We are here to do business. We are tions. Those recommendations were en- We would thrive on more solar en- simply waiting, until a decision is acted by Congress in the Commodity ergy production. That can be done with made on derivatives, as to what is the Futures Modernization Act of 2000. tax incentives that are in the under- next amendment before us. We have This landmark legislation provided lying tax part of this bill. Of course, lots of people willing to offer amend- certainty with respect to the legal en- the Senator from Idaho and I know ments on this side. forceability and regulatory status of how much the wind blows in parts of The PRESIDING OFFICER (Mr. swaps and other off-exchange deriva- Idaho and Nevada, and we should be GRAHAM of South Carolina). The Sen- tives—what we call over-the-counter using that wind to our own benefit. It ator from New Mexico. derivatives—under the Commodity Ex- is renewable energy. Mr. DOMENICI. Mr. President, first I change Act. The Feinstein amendment Even though there are certain things thank the distinguished Senator from would undermine that certainty for in the bill the Senator from New Mex- Idaho for his remarks this morning and OTC derivatives and would impose a ico produced that I was not wild about, for his assistance on this bill. I thank new persuasive and unnecessary regu- that is what the process is about. him very much. latory regime with respect to OTC de- Amendments are offered. The Senator This morning I want in particular to rivatives based on energy or on other from New Mexico had strong feelings thank the distinguished minority whip, nonfinancial, nonagricultural commod- about the nuclear portions of this leg- the Senator from Nevada, for his com- ities. islation. We had a good debate on that ments on the floor and his commit- This act gets complicated, but these yesterday and a very close vote. That ment. We are working on a list on our commodities are called ‘‘exempt com- is what the Senate is all about. There side. We will certainly be ready at the modities.’’ The term is a little bit con- are other parts of the bill we are going same time or sooner, which means fusing because it creates the impres- to try to amend. No one at this stage is whether we finish by this Friday or sion sometimes that these commodities are not regulated at all. They are trying to stall—I should not say no not, although we will try mightily once covered fully by the Commodity Fu- one. I am sure some people would love we have the list to wean them down tures Modernization Act and by the this legislation never to come about, and to move with dispatch. Obviously, Commodity Exchange Act. The point is but the general belief of the people on we will be on a course to get an Energy that they are not regulated in the same this side of the aisle is we should have bill this year, which is clearly what we way that other securities are regu- an Energy bill, and we are going to want to do. From listening to the mi- lated. work toward that end. nority leader, I have no doubt whatso- Mr. CRAIG. Will the Senator yield? OTC derivatives, including those ever that is what the minority desires based on energy, are critical risk man- Mr. REID. I am happy to yield. to do. I thank him very much for the Mr. CRAIG. I appreciate those com- agement tools. Congress, key financial comments here this morning. regulators and others recognize that ments. I think we are all frustrated, As far as the pending amendment is when we have an issue as mature as OTC derivatives are critical tools that concerned, it is in our hands at this are used by businesses, government, this issue is, not to be able to define an point. The Senator from California has arena of amendments and get a unani- and others to manage the financial, her prerogative of not wanting to set it mous consent agreement that sets a commodity, credit and other risks in- aside. We have an obligation to decide course of action for us. To me, that is herent in their core economic activi- what we are going to do with it. We what defines progress and ultimate ties with a degree of efficiency that ought to do that pretty soon. Our lead- conclusion of what we do on the floor. would not otherwise be possible. As I said earlier, I welcome all ership will make that decision. It is It is important to state at the outset amendments that Senators want to not directly within the jurisdiction of as we are discussing this issue that we have come to the floor. Let’s get at the this committee, or I would be making are not talking about transactions that business of debating them and voting decisions with the leadership. It is many people think of in securities on them. When I see an hour quorum more within the jurisdiction of the Ag- where they think about investing in a call because we cannot get somebody riculture Committee, and the leader- stock in the stock market, a stock that to come to the floor to offer an amend- ship is taking a look. may be regulated under our securities ment—and I know the manager of the I understand we have a vote this regulations system. These are not bill, the chairman of the Energy Com- morning on a judge. Is that correct? transactions that are engaged in by un- mittee, has worked mightily to get That will give leadership a chance to sophisticated buyers or sellers. These that done—I have to begin to question be here in the Chamber, I say to my are very sophisticated transactions. what is our intent here. friend from Nevada, after which time Those engaging in these transactions I am extremely pleased that the Sen- we will make a decision on what we are sophisticated buyers and sellers. ator from Nevada has recognized the want to do with the pending amend- They are not the kinds of transactions possibility of getting a unanimous con- ment. most people think of when they think sent with a group. I did mention in my In the meantime, the Senator from of investing in the stock market. remarks that I know the Senator New Mexico yields the floor knowing OTC derivatives based on energy worked to accomplish that, and I ap- there are others who want to speak to products are an especially important preciate that. But in the absence of this issue. The junior Senator from tool, allowing market participants to doing that, it appears we are wandering Idaho desires to speak. I will yield at manage risk. In fact, last year when we a bit in a wilderness of undefinable this point so he may proceed. had Alan Greenspan testify at the amendments and no determination as The PRESIDING OFFICER. The Sen- Banking Committee, I asked him di- to when we can conclude this process. ator from Idaho. rectly about whether he believed the It is extremely pleasing to hear we AMENDMENT NO. 876 management of derivatives, the regula- may ultimately get that done because Mr. CRAPO. Mr. President, I rise to tion of derivatives, was being properly this is a critical issue. address the Feinstein amendment deal- handled today and whether there was Mr. REID. I will respond to my friend ing with derivatives. I think it is a any aspect of our approach to regu- from Idaho. No. 1, we hope to have a very bad idea. It is one we debated last lating derivatives that led to the Enron

VerDate Jan 31 2003 05:13 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.015 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7657 debacle or any of the other problems ing Group on Financial Markets, op- criminal penalties being imposed. The California faced. posed the earlier versions of the fact they are already regulated is ap- At that time, the answer I got from amendment we debated. parent. The fact that the acts that oc- Mr. Greenspan was that he was not In a September 18, 2002, letter to Sen- curred in California are the subject of aware of any evidence that indicated ators CRAPO and MILLER, these regu- intense regulatory review and criminal the problems we faced in the Enron cir- lators highlighted the benefits of OTC enforcement conduct shows we do have cumstance were as a result of our regu- derivative noting that ‘‘the OTC de- regulatory protections in place. The latory regime for derivatives, and also rivatives markets in question have fact there are bad actors who violate that it was his opinion the use of de- been a major contributor to our econo- the law does not always mean we rivatives was a very important tool to my’s ability to respond to the stresses should necessarily increase the regu- help to allocate risk in our economy in and challenges of the last two years.’’ latory burdens we face in this country, such a manner that it helped us sta- The President’s working group also ob- that our economy deals with in this bilize and strengthen our economy. served ‘‘while the derivatives markets country. In fact, he even went so far as to say may seem far removed from the inter- The CFTC’s Division of Enforcement he believed that one reason our econ- ests and concerns of consumers, the ef- continues to work closely with other omy had not dipped further as we faced ficiency gains that these markets have Federal law enforcement officers a lot of the economic trials and tribu- fostered are enormously important to across the country on investigations of lations we have faced in the last couple the consumers and to our economy.’’ possible round-trip trading, false re- of years was because of our ability to They urged Congress to protect these porting, and fraud and manipulation by utilize derivatives and to share and al- markets’ contributions to the economy energy companies, their affiliates, locate risk in these complicated trans- and to be aware of the potential unin- their employees, or their agents. actions. tended consequences of legislative pro- Again, the point is, there is no evi- Today, for example, airlines use over- posals to expand regulation of the OTC dence that any aspect or lack of aspect the-counter derivatives to manage derivatives markets, and changing the in our regulatory regime for the regu- their risks with respect to the price President’s working group proposals lation of derivatives had anything to and availability of jet fuel. Energy-in- which we enacted into law in 2000. do with the actions of Enron and the tensive companies such as aluminum Federal Reserved Chairman Alan occurrences in California that caused producers use OTC derivatives to hedge Greenspan told the Senate Banking such a difficult problem in their energy their risks of change in the cost of Committee in March of last year that economy. electricity, and energy producers like- there was: There is no evidence that enactment wise use OTC derivatives to minimize a significant downside if we regulate [OTC of the CFMA, for example—the 2000 re- the effects of price volatility. derivatives based on energy] where we do not forms, the modernization of our regu- Again, I reiterate the point that have to . . . because if we step in as govern- latory system—contributed to the col- these are complicated, sophisticated ment regulators, we will remove a consider- lapse of Enron. Enron’s collapse was transactions being engaged in by very able amount if the caution that is necessary caused by a failure of corporate govern- to allow these markets to evolve. [W]hile it sophisticated participants in the mar- may appear sensible to go in and regulate, ance and controls which, when it be- ket. all of our experience is that there is a signifi- came public, led others to refuse to do A Wall Street Journal article dated cant downside when you do not allow business with them. As in the case of March 10, 2003, entitled ‘‘U.S. Airlines counterparty surveillance to function in an California, neither the CFTC nor any Show Disparity in Hedging for Jet-Fuel appropriate manner. other key financial regulators has sug- Costs,’’ illustrated the impacts of using The CFTC does not need new author- gested more restrictive regulation of derivatives to hedge in the U.S. airline ity to address acts of manipulation derivatives or derivatives dealers industry. The article noted that jet that appear to have occurred in Cali- would have prevented the fall of Enron fuel, now more than twice as expensive; fornia. or is needed to prevent future similar as a year ago, is emerging as a major One of the arguments we often hear events in the future. factor in survival and bankruptcy for in favor of jumping in and increasing The Feinstein amendment would airlines, as several carriers, including the regulatory scheme with regard to cause more problems than it would some of the weakest, find themselves derivatives is that Enron destroyed the cure. This amendment, among other with few protective price hedges in energy markets in California and if we items, would create jurisdictional con- place. had had a tough regulatory regime, fusion between the Federal Energy In other words, these airlines did not that wouldn’t have happened. Regulatory Commission and the Com- effectively utilize the hedging tool, and The CFTC’s recent enforcement ac- modity Futures Trading Commission. now they are facing a doubling in the tion against Enron demonstrates that It would impose problematic capital re- cost of their fuel prices against which it has adequate tools under the CFMA quirements to facilities trading in the they could have hedged. They could to address situations such as those, OTC energy derivatives markets. It have spread that risk if they had used which arose in California. The fol- would require futures-like reporting these hedging tools. lowing enforcement actions have been and recordkeeping requirements. Congress should avoid actions that brought forth by the CFTC this year: It would create both legal and regu- unnecessarily deter the use or increase No. 1, CFTC charges Enron with price latory uncertainty for brokered trad- the cost of these risk management manipulation, operating an illegal, un- ing in OTC energy derivatives, as well tools. designated futures exchange and offer- as OTC derivatives based on other non- Key financial regulators also oppose ing illegal lumber futures contracts financial, nonagricultural commod- legislation such as this amendment. As through its internet trading platform; ities. It would subject to new regula- I indicated earlier, Alan Greenspan in- No. 2, energy trading company agrees tion a broad range of market partici- dicated his opposition to increasing or to pay the CFTC $20 million to settle pants that have not traditionally been changing the regulatory regime with charges of attempted manipulation and subject to the more intensive CFTC regard to transactions in OTC deriva- false reporting; and No. 3, former nat- regulation. It would allow the CFTC to tives. We are expecting anytime today ural gas trader charged criminally regulate any exempt commodity trans- to get a brandnew response from all of under the Commodity Exchange Act action and presumably any market our financial regulators. But last year with intentionally reporting false nat- participant that engages in such a when this same debate was held, the ural gas price and volume information transaction in a dealer market. Again, Chairman of the Board of Governors of to energy reporting firms in an at- I repeat, these are sophisticated trans- the Federal Reserve, the Secretary of tempt to affect prices of natural gas actions between sophisticated actors in the Treasury, the Chairman of the Se- contracts. these markets. This proposal would curities and Exchange Commission, The point here is, there is law in create the very sort of uncertainty and the Chairman of the Commodity place prohibiting the kinds of things that Congress and the Commodity Fu- Futures Trading Commission, collec- that happened in the Enron situation, tures Trading Commission have worked tively known as the President’s Work- and those laws are being enforced with for more than a decade to avoid.

VerDate Jan 31 2003 01:51 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.019 S11PT1 S7658 CONGRESSIONAL RECORD — SENATE June 11, 2003 This amendment, in my opinion, is a The PRESIDING OFFICER. The Reid fied several times before congressional solution in search of a problem. Since amendment is the pending question. committees that derivatives did not the collapse of Enron and the actions AMENDMENT NO. 877, AS MODIFIED cause the collapse of Enron. of some market participants to im- Mr. REID. Mr. President, I have a Last year we debated the same issue properly exploit the weaknesses in the modification to my amendment which and we voted it down. The issue of de- California energy price deregulation I send to the desk. rivatives trading is one of the most scheme, remedial actions have oc- The PRESIDING OFFICER. The complicated and detailed issues to curred on all fronts. The CFTC, the amendment is so modified. come before us. I have been tempted to FERC, and others have initiated civil The amendment (No. 877), as modi- see how many of us could even spell de- and criminal actions. The Financial fied, is as follows: rivatives, and we are being called on Accounting Standards Board has ag- On page 18, strike line 1 and insert the fol- here to make some major judgments on gressively pursued necessary changes lowing: the issue. If you are a derivatives deal- in accounting rules, and private-sector ‘‘(10) METALS.—Notwithstanding any other er or a small company that uses deriva- groups have developed and imple- provision of this subsection, an agreement, contract, or transaction in metals— tives to stabilize revenues, or you are a mented ‘‘best practices’’ rules and im- purchaser of derivatives, this would proved the techniques of managing ‘‘(A) shall not be subject to this subsection (as amended by section ll04 of the Energy probably be a stimulating debate. But credit and other risks in the OTC en- Policy Act of 2003); and it is one of those detailed ones, and I ergy derivatives transactions. ‘‘(B) shall be subject to this subsection and think that is why I get to speak on it. The lessons of Enron and of Cali- subsection (h) (as those subsections existed It is more the accounting type of thing. fornia have been learned. The misdeeds on the day before the date of enactment of Consequently, most people will not be and regulatory violations involving the Energy Policy Act of 2003). able to understand the implications or ‘‘(11) NO EFFECT ON OTHER AUTHORITY.— Enron and California have challenged even how it operates other than in gen- regulators under the existing regu- Mr. REID. I state, Mr. President, I eral details, and I am including myself latory structure. Law enforcement did this with no one from the majority in that. agencies and private litigants are deal- being here, but it does not take unani- I must admit that as chairman of the ing with it under the existing regu- mous consent, so I was not trying to Securities and Investment Sub- latory structure. The energy markets take advantage of anyone. committee of the Banking Committee, are beginning to rebound, and they are I suggest the absence of a quorum. I have encountered especially complex becoming less volatile, notwith- The PRESIDING OFFICER. The market structure orders. However, the standing the current uncertain econ- clerk will call the roll. issue of derivatives goes beyond those omy. As a result and because of all The assistant legislative clerk pro- issues. This may have been the most this, the Feinstein amendment is little ceeded to call the roll. more than a solution in search of a Mr. ENZI. Mr. President, I ask unani- complicated matter I have looked at problem, but for reasons I have already mous consent that the order for the since I have been in the Senate. mentioned, it is a solution that is dan- quorum call be rescinded. Nobody really knows what a deriva- gerous and unnecessary and will put The PRESIDING OFFICER. Without tive is, including myself. They are very more rigidity into our economy at a objection, it is so ordered. complicated, tailored instruments, time when we need the flexibility and Mr. ENZI. Mr. President, I rise to ad- each one being unique, which explains the resilience that will make our econ- dress the overlying amendment pend- why, from the beginning of the trading omy more dynamic in these difficult ing before us concerning the issue of of derivatives, it has been deregulated. times. energy derivatives. I know there is a It has never been regulated. In very Mr. President, there are a lot of second-degree amendment to that. I am basic terms, the selling of derivatives other aspects of this debate we need to a little disappointed there is a second- is a way for companies that cannot af- review before we vote on this amend- degree amendment to it. I understand ford risk to pass it on to companies ment. I am hopeful by the end of the why it was done. I know the Senator that are willing to accept the risk, to day we are going to be in a position from California wants to separate off buy the risk. It is a form of corporate where we can, as a Senate, deal with those people who are interested in met- insurance. However, beyond this simple this amendment, as we dealt with it als derivatives from those who are in- definition, the experts should be left to last year, by rejecting it and telling terested in energy derivatives. She structure and negotiate the instru- our energy derivatives markets, and all knows there is considerable interest on ments. I want to mention that each in- of our OTC derivatives markets, that both of those parts. So this is a divide- strument is unique. That is why it is the current modernized regulatory and-conquer strategy, where later they not traded on the stock market. How- structure we put into place in 2000, as will pick up the metals folks, thinking ever, beyond this simple definition, we we follow the President’s working it will probably work better, because do need to leave it to the professionals, group recommendations as to how to we debated this last year. We debated the ones who understand how this deal with these issues, will be main- the same issue. We are back to an works. And there are professionals out tained and will not be changed, and amendment that is slightly revised but there working on it. they can continue to utilize these im- still not good enough to make it While the amendment before us is portant financial tools to keep our through this body before. very similar to last year’s amendment, economy strong and dynamic. We voted on this and we defeated the changes made to the amendment do Mr. President, I yield the remainder this. One significant change is the sec- not completely solve the underlying of my time. ond-degree amendment that takes the problems. In fact, the amendment may The PRESIDING OFFICER. Who metals derivatives out of it. That is have cause for greater confusion as to seeks recognition? the jurisdiction of derivatives between Mr. REID. I suggest the absence of a clever, but I hope the metals folks don’t fall for it because they are next the Commodity Futures Trading Com- quorum. mission, the Securities and Exchange The PRESIDING OFFICER. The on the list. Commission, the Office of the Comp- clerk will call the roll. The proponents of the amendment The assistant legislative clerk pro- believe the trading of derivatives—es- troller of the Currency, and the Fed- ceeded to call the roll. pecially in the energy area—was the eral Energy Regulatory Commission. Mr. REID. Mr. President, I ask unan- cause of energy problems faced by In 2000, during the debate on the imous consent that the order for the Western States in recent years. The Commodity Futures Modernization quorum call be rescinded. proponents believe energy trading of Act, we discussed extensively the over- The PRESIDING OFFICER. Without derivatives by Enron contributed sig- sight and regulation of energy deriva- objection, it is so ordered. nificantly to the energy problem. Un- tives. We concluded that the proper Mr. REID. Mr. President, what is the fortunately, the problems that caused amount of oversight for a new and matter now before the Senate? Is it the Enron to fail were based upon failures emerging business had been put into Reid amendment to the Feinstein in corporate governance and outright law. I believe we took the proper amendment? fraud. Chairman Greenspan has testi- course. That law gave the Commodity

VerDate Jan 31 2003 01:51 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.022 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7659 Futures Trading Commission addi- One fear that existed in earlier de- porate Fraud Task Force, remarked in con- tional powers to regulate market ma- bates, and still exists today, was that nection with the commission’s filing of an nipulation where appropriate. the CFTC did not have the regulatory action against two energy companies in De- One argument that was made over power to correct abuses in trading of cember 2002: ‘‘My philosophy has been, and and over during the debates last year will continue to be, that the Commission has derivatives. However, on page 43 of the a responsibility to investigate alleged and is being made this year is that Senate companion bill, S. 3283, to the wrongdoing in a comprehensive and timely somehow the 2000 legislation exempted Commodity Futures Modernization Act fashion. And, when violations are found, the these derivatives and swaps from regu- of 2000, paragraph (4)(B) gives the Com- Commission will come down hard. Over the lation. That argument is not true. modity Futures Trading Commission course of the past year, the news has been They never have been regulated. In the power to intervene and enforce any peppered with admissions, accusations, and fact, Congress acted in passing the Fu- action where fraud is present. speculation of wrongdoing in the energy tures Trading Practice Act in 1992 to In listening to proponents of this markets and, as a result, I have committed give the Commodity Futures Trading amendment, one would believe that the Commission’s resources to finding and Commission specific power to exempt Federal regulators were powerless in punishing the wrongdoers. It is my belief that with the filing and simultaneous set- these derivatives and swaps as being the energy trading markets. Not only tling of this enforcement action, the Com- inappropriate for regulation under the does the power exist, but it was mission sends a clear message to all compa- Commodity Futures Trading Commis- strengthened in the 2000 legislation by nies that engaged in similar behavior . . . a sion, which has the job of regulating a provision written into the energy sec- message that their actions will not be toler- futures—not regulating tailored swaps tion of the bill in the House of Rep- ated and that they will be prosecuted and between sophisticated customers. resentatives. In paragraph (4)(C) is a subjected to the full consequences of the The Congress passed the Futures provision relating to price manipula- law.’’ Trading Practice Act in 1992 that dition and that grants the Commodity I. CIVIL INJUNCTIVE ACTIONS FILED BY THE rected the Commodity Futures Trading Futures Trading Commission the power COMMISSION Commission to grant these exemptions. to intervene in cases where price ma- A. ENRON AND FORMER ENRON VICE PRESIDENT Those exemptions were granted in the nipulation occurs. CHARGED WITH MANIPULATING PRICES IN NAT- previous administration, and the issue It should be noted that the Com- URAL GAS MARKET; ENRON CHARGED FURTHER was not controversial until we started WITH OPERATING AN ILLEGAL, UNDESIGNATED modity Futures Trading Commission FUTURES EXCHANGE AND OFFERING ILLEGAL looking for a scapegoat. Nor have these on April 9 of this year issued a ‘‘Report LUMBER FUTURES CONTRACTS THROUGH ITS swaps and derivatives ever come under on Energy Investigations,’’ which de- INTERNET TRADING PLATFORM Federal regulation in terms of an ongo- tails civil and criminal enforcement On March 12, 2003, the Commission filed a ing regulatory process. actions brought in energy-related mar- complaint in federal district court in Hous- Taxpayers take a dislike to the addi- kets since the passage of the Com- ton, Texas, charging defendants Enron Corp. tion of programs to increase tax burden modity Futures Modernization Act in (Enron), an Oregon Corporation or regulation. This one is regulation. I 2000. The powers granted to the Com- headquartered in Houston, and Hunter S. am reminded of a poem from the play modity Futures Trading Commission Shively (Shively) of Houston, Texas, with manipulation or attempted manipulation, ‘‘Big River’’ that describes the emo- appear more than sufficient to oversee tions of a taxpayer. It goes: and charging Enron with operating an illegal market manipulation and, therefore, futures exchange, and trading an illegal, off- Well you sole selling no-good make the unwieldy regulatory scheme exchange agricultural futures contract. Son-of-a-shoe-fittin’ firestarter proposed by this amendment unneces- Until its bankruptcy in December 2001, I ought to tear your no-good sary. Enron was one of the largest energy compa- Perambulatory bone frame I ask unanimous consent that the en- nies in the United States. Its natural gas And nail it to your government walls tire ‘‘Report of the Energy Investiga- trading unit was based in Houston and man- All of you, you Bureaucrats. aged several natural gas over-the-counter tions’’ be printed in the RECORD. There is a concern across this coun- There being no objection, the mate- (OTC) products. Enron’s natural gas trading try for bureaucrats setting up regula- unit was divided into geographical regions rial was ordered to be printed in the tion, particularly regulation if it is not and included a natural gas futures desk. RECORD, as follows: needed and regulation that is not un- Shively was the desk manager for Enron’s COMMODITY FUTURES TRADING COMMISSION’S derstood by the regulators. Central Desk from May 1999 through Decem- REPORT ON ENERGY INVESTIGATIONS—APRIL During his testimony before the Sen- ber 2001. 9, 2003 From November 1999 through at least De- ate Banking Committee last March, The Commodity Futures Trading Commis- cember 2001, Enron Online (EOL) was Enron’s Chairman Greenspan reiterated it was sion (the Commission or CFTC) has launched web-based electronic trading platform for crucially important that Congress and an extensive investigation of alleged mis- wholesale energy, swaps, and other commod- Federal regulators permit the deriva- conduct in energy-related markets. To date, ities, including the Henry Hub (HH) natural tives market to evolve amongst profes- the Commission has investigated over 25 en- gas next-day spot contract that was deliv- sionals who are the most capable of ergy companies, including Enron and its af- ered at the HH natural gas facility in Lou- protecting themselves far better than filiates, interviewed or taken testimony isiana. The HH is the delivery point for the Congress, the Federal Reserve, CFTC, from over 200 individuals and reviewed in ex- natural gas futures contract traded on the or the Office of the Comptroller of the cess of 2 million documents. The Commis- New York Mercantile Exchange (NYMEX), sion’s efforts have already resulted in: the and prices in the HH Spot Market are cor- Currency. Unfortunately, there is a filing of three major enforcement actions, related with the NYMEX natural gas futures considerable downside for the Federal two of which were settled with civil mone- contract. During its existence, EOL became Government to get involved where the tary penalties totaling $25 million (see dis- a leading platform for natural gas spot and individual private parties are already cussion below in Section I); related criminal swaps trading. looking at the economic events of their filings (Section II); cooperative enforcement The complaint charges that on July 19, trading partners. with Federal law enforcement officers; and 2001, Shively, through EOL, caused Enron to With respect to the Enron matter, public outreach efforts (Section IV). purchase an extraordinarily large amount of there is no indication that the trading The Commission has devoted significant HH Spot Market natural gas within a short resources to this investigation, including period of time, causing artificial prices in of energy derivatives contributed in committing the full-time efforts of 30 staff the HH Spot Market and impacting the cor- any way to the collapse of Enron. Pro- members, which represents 25 percent of its related NYMEX natural gas futures price. ponents of the amendment argue that total enforcement program staff. Through The complaint also charges Enron with op- Enron had such a large market share of the first six months of fiscal year 2003, above erating EOL as an illegal futures exchange this business that they were able to and beyond its human resource costs, the from September through December 2001. Ac- have undue influence over energy trad- Commission has spent $122,000 on expenses cording to the complaint, in September 2001, ing. However, to the contrary, during for its energy investigation, which is 30 per- Enron modified EOL to effectively allow out- and after Enron’s collapse, there were cent of its enforcement program’s total ex- side users to post bids and offers. Enron listed at least three swaps on EOL that were no interruptions of trading. If it had penses during this time period. The Commis- sion estimates its total energy investigation commodity futures contracts. The complaint been a disaster, there would have been costs for the entire fiscal year should likely further alleges that with this modification, interruptions, but there were no inter- exceed $250,000. Enron was required to register or designate ruptions of trading. The market con- Commission Chairman James E. Newsome, EOL with the CFTC or notify the CFTC that tinued. who is a member of the President’s Cor- EOL was exempt from registration. Enron

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failed to do either of these things, and the dertaking to cooperate with the Commission II. RELATED CRIMINAL ACTIONS complaint charges that, because of this fail- in this and related matters, including any in- ure, EOL operated as an illegal futures ex- vestigations of matters involving the report- A. ENRON’S FORMER CHIEF ENERGY TRADER changed. ing of natural gas trading information. PLED GUILTY TO CONSPIRACY TO COMMIT WIRE Finally, the complaint charges Enron with EPME provided significant cooperation in FRAUD IN SCHEME TO MANIPULATE ENERGY offering an illegal agricultural futures con- the course of the Commission’s investigation MARKET by, among other things, conducting an inter- tract on EOL. According to the complaint, On October 17, 2002 the Office of the United nal investigation through an independent between at least December 2000 and Decem- States Attorney for the Northern District of ber 2001, Enron offered a product on EOL it law firm, waiving work product privilege as California announced that Timothy N. called the US Financial Lumber Swap. The to the results of that investigation, and com- Belden, who was Enron’s Chief Energy Trad- complaint alleges that the EOL lumber swap piling and analyzing trading data which deer, had agreed to plead guilty to conspiracy was an agricultural futures contract that tailed all reported and actual trades in the was not traded on a designated exchange or natural gas markets. The Commission took to commit wire fraud in a scheme with oth- otherwise exempt, and therefore was an ille- that significant cooperation into consider- ers at Enron to manipulate California’s en- gal agricultural futures contract. The CFTC ation in its decision to accept EPME’s settle- ergy market. Specifically, Belden admitted is seeking against each defendant a perma- ment offer. that beginning in approximately 1998, and nent injunction, civil monetary penalties C. DYNEGY MARKETING & TRADE AND WEST continuing through 2001, he and others at and other remedial and ancillary relief. COAST LLC SETTLE CLAIMS UNDER THE COM- Enron conspired to manipulate the energy B. EL PASO MERCHANT ENERGY, L.P. SETTLES MODITY EXCHANGE ACT THAT THE INTEN- markets in California by: (1) misrepresenting CLAIMS UNDER THE COMMODITY EXCHANGE TIONALLY REPORTED FALSE NATURAL GAS the nature and amount of electricity Enron ACT THAT IT INTENTIONALLY REPORTED PRICE AND VOLUME INFORMATION TO ENERGY proposed to supply in the California market, FALSE NATURAL GAS PRICE AND VOLUME IN- REPORTING FIRMS IN AN ATTEMPT TO AFFECT as well as the load it intended to serve; (2) FORMATION TO ENERGY REPORTING FIRMS IN PRICES OF NATURAL GAS CONTRACTS creating false congestion and falsely reliev- AN ATTEMPT TO AFFECT PRICES OF NATURAL On December 19, 2002, the Commission ing that congestion on California trans- GAS CONTRACTS issued an administrative order settling mission lines, and otherwise manipulating On March 25, 2002, the Commission issued charges of attempted manipulation and false fees it would receive for relieving conges- an administrative order settling charges of reporting against energy companies Dynegy tion; (3) misrepresenting that energy was attempted manipulation and false reporting Marketing & Trade (Dynegy) and West Coast from out-of-state to avoid federally approved against energy company El Paso Merchant Power LLC (West Coast). The CFTC settle- price caps, when in fact, the energy it was Energy, L.P. (EPME), a division of El Paso ment order finds that from at least January selling was from the State of California and Corporation (El Paso). The CFTC settlement 2000 through June 2002, Dynegy and West had been exported and re-imported; and (4) Coast reported false natural gas trading in- order finds that from at least June 2000 falsely represented that Enron intended to formation, including price and volume infor- through November 2001, EPME reported false supply energy and ancillary services it did mation, to certain reporting firms. Accord- natural gas trading information, including not in fact have and did not intend to supply. price and volume information, and failed to ing to the order, price and volume information is used by the reporting firms in calcu- A sentencing date has yet to be scheduled for report actual trading information, to certain Belden, but a status hearing in his case is set reporting firms. According to the order, lating published surveys or indexes (indexes) of natural gas prices for various hubs for April 17, 2003. In announcing the plea price and volume information is used by the agreement, the efforts of the Commission, reporting firms in calculating published in- throughout the United States. The order Federal Energy Regulatory Commission dexes of natural gas prices for various hubs finds that Dynegy knowingly submitted false information to the reporting firms in an at- (FERC) and Federal Bureau of Investigation throughout the United States. The order tempt to skew those indexes for Dynegy’s fi- finds that EPME knowingly submitted false (FBI) were recognized. nancial benefit. According to the order, nat- information to the reporting firms in an at- ural gas futures traders refer to the pub- B. FORMER HEAD OF ENRON’S SHORT-TERM CALI- tempt to skew those indexes for EPME’s fi- lished indexes for price discovery and for as- FORNIA ENERGY TRADING DESK PLED GUILTY nancial benefit. According to the order, nat- sessing price risks. The CFTC found that TO CRIMINAL CHARGES BASED UPON HIS AND ural gas futures traders refer to the pub- Dynegy’s false reporting conduct violated OTHER ENRON TRADERS’ CRIMINAL MANIPULA- lished indexes for price discovery and for as- the CEA. TION OF THE CALIFORNIA ENERGY MARKETS sessing price risks. The CFTC found that The order further finds that in an effort to On February 4, 2003 the Office of the United EPMS’s false reporting conduct violated the ensure that its reported information would Commodity Exchange Act (CEA). be used by the reporting firms, Dynegy States Attorney for the Northern District of The order also finds that EPME’s employ- caused West Coast to submit information California announced that Jeffrey S. Rich- ees provided false trade data because they misrepresenting that West Coast was a ter, who was the head of Enron’s Short-Term believed it benefited their trading positions counterparty to fictitious trades. In addi- California energy trading desk, had agreed to or derivative contracts. In addition, the tion, the order finds that Dynegy did not plead guilty to conspiracy to commit wire order finds that EPME did not maintain re- maintain required records concerning the in- fraud in a scheme with others at Enron to quired records concerning the information formation which it provided to the reporting manipulate California’s energy markets and that it provided to the reporting firms or the firms or the true source of the information also to making false statements to inves- true source of the information related to relayed to those firms, as required by Com- tigators. Specifically, Belden admitted to those firms, as required by Commission regu- mission Regulations. As a result of their ac- making false statements to the FBI and U.S. lations. As a result of its actions, EPME vio- tions, Respondents violated the CEA and Attorneys Office during the continuing in- lated the CEA and Commission regulations. Commission Regulations. vestigation into fraudulent trading practices The order further finds that EPME specifi- The order further finds that Respondents in those markets. Specifically, Richter ad- cally intended to report false or misleading specifically intended to report false or mis- mitted his participation on behalf of Enron or knowingly inaccurate market information leading or knowingly inaccurate market in- in two fraudulent schemes devised by Enron concerning, among other things, trade prices formation concerning, among other things, traders, known internally within Enron as and volumes, and withheld true market in- trade prices and volumes, to manipulate the ‘‘Load Shift’’ and ‘‘Get Shorty.’’ Enron’s formation, in an attempt to manipulate the price of natural gas in interstate commerce, price of natural gas in interstate commerce, and that Respondents’ provision of the false ‘‘Load Shift’’ trading scheme involved the and that EPME’s provision of the false re- reports and their collusion, which was de- filing of false power schedules to increase ports and failure to report true market infor- signed to thwart the reporting firms’ detec- prices by creating the appearance of ‘‘con- mation were overt acts that furthered the tion of the false information, were overt acts gestion’’ on California’s transmission lines, attempted manipulation. According to the that furthered the attempted manipulation. which permitted Enron to profit through its order, EPME’s conduct constituted an at- According to the order, Respondents’ con- ownership of transmission rights on the lines tempted manipulation under the CEA, duct constitutes an attempted manipulation and by offering to ‘‘relieve’’ the congestion which, if successful, could have affected under the CEA, which if successful, could through subsequent schedules. Enron’s ‘‘Get prices of NYMEX natural gas futures con- have affected prices of NYMEX natural gas Shorty’’ trading scheme involved the com- tracts. futures contracts. pany’s traders fabricated and sold emergency The CFTC order imposed the following The CFTC order imposed the following back-up power (known as ancillary services) sanctions: required EPME to cease and desist sanctions: required Dynegy and West Coast to the California Independent Service Oper- from further violations of the EA and Regu- to cease and desist from further violations of ator, received payment, then cancelled the lations; required EPME and El Paso, jointly the CEA and Regulations; required Dynegy schedules and covered their commitments by and severally, to pay a civil monetary pen- and West Coast, jointly and severally, to pay purchasing through a cheaper market closer alty of $20 milliion—$10 million immediately a civil monetary of $5,000,000; and obliged to the time of delivery. In announcing the and $10 million plus post-judgment interest Dynegy and West Coast to comply with their plea agreement, the efforts of the Commis- within three years of the entry of the order; undertakings, including an undertaking to sion, FERC, FBI, and the Antitrust Division and obliged EPME and El Paso to comply cooperate with the CFTC in this and related of the Department of Justice were recog- with various undertakings, including an un- matters. nized.

VerDate Jan 31 2003 01:51 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.013 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7661 C. FORMER DYNEGY NATIONAL GAS TRADER that the derivative or financial instru- dition, during last year’s debate on the CHARGED CRIMINALLY UNDER THE COMMODITY ment is not under its jurisdiction, then Energy bill, the President’s working EXCHANGE ACT WITH INTENTIONALLY REPORT- the Federal Energy Regulatory Com- group, comprised of the Chairman of ING FALSE NATURAL GAS PRICE AND VOLUME mission should refer the derivative or the Board of Governors of the Federal INFORMATION TO ENERGY REPORTING FIRMS Reserve, the Secretary of the Depart- IN AN ATTEMPT TO AFFECT PRICES OF NAT- financial instrument to the appropriate URAL GAS CONTRACTS Federal regulator. Unfortunately, this ment of the Treasury, the Chairman of On January 27, 2003 the Office of the United will create great uncertainty for mar- the SEC, the Chairman of the CFTC, States Attorney for the Southern District of ket participants as to which agency’s opposed a similar amendment and we Texas, Houston Division, unsealed a seven regulatory scheme the derivative defeated it. Individually, the Chairman count federal indictment charging Michelle would fall under. of the CFTC and the then-Chairman of Valencia, a former Senior Trader at Dynegy, I recently was involved in some pipe- the SEC sent letters directly to me op- with three counts of false reporting under line questions and ran into the circular posing the energy derivative amend- the CEA. Additionally, Valencia was charged path of fingerpointing where each ment. with four counts of wire fraud. The indict- agency said the other agency and the On the overall topic of derivatives, ment alleges that on three separate occa- Chairman Greenspan stated: sions in November 2000, January 2001 and other agency and the other agency was February 2001, Valencia, responsible for trad- responsible until it pointed back to the Although the benefits and costs of derivatives remain the subject of spirited debate, ing natural gas through Dynegy’s ‘‘West first agency, and nobody would look at the performance of the economy and the fi- Desk’’ caused the transmission of a report the problem. That is the kind of cir- nancial system in recent years suggests that which include price and volume data to cer- cular problem we are creating with this these benefits have materially exceeded the tain publications knowing that the trades amendment. costs. had not actually occurred. In announcing the In addition, it goes without saying If the proponents of this amendment indictment, the efforts of the Commission that Federal agencies want to expand and the FBI were recognized. are attempting to remedy the problems their jurisdiction and get bigger. It caused by Enron, I do not believe this III. COOPERATIVE ENFORCEMENT—COMMISSION should be noted that while the Federal SEMINAR WITH FEDERAL LAW ENFORCEMENT amendment will make a difference to Energy Regulatory Commission seeks OFFICERS ON ENERGY MARKETS prevent future Enrons. However, if last to expand its authority to regulate On February 12, 2003 the Commission year’s Sarbanes-Oxley Act had been in hosted forty federal criminal law enforce- these energy derivatives markets, place sooner, then the corporate gov- ment officers at a cooperative enforcement other Federal agencies, particularly ernance requirements of the act may session on current issues in energy investiga- the financial regulatory agencies, be- have served as an early warning system tions. Attending were Assistant United lieve such a regulatory scheme would to Enron’s audit committee and have States Attorneys, Federal Bureau of Inves- be detrimental to the market. covered the fraudulent activities early tigation agents, and United States Postal In- The amendment also would subject spectors. The Commission’s Division of En- in the process. to regulation a broad class of ‘‘covered What I am saying is, we corrected the forcement, which coordinated the program, entities,’’ including both electronic has been working closely with other federal fraudulent problem. I am very con- law enforcement officers across the country trading facilities and ‘‘dealer markets’’ cerned that if we adopt this amend- on investigations of possible round-trip trad- that are not otherwise trading facili- ment, we may fundamentally change ing, false reporting, and fraud and manipula- ties. As discussed above, this definition the emerging derivatives market. Once tion by energy companies and their affili- may be too broad as to deter partici- the structure is in place, it may place ates, employees and agents. The meeting was pants from entering the trading mar- such a burden on the market partici- designed to share expertise, and to discuss kets. pants that it may not be worthwhile to ways for federal enforcers to cooperate in In addition, the amendment would these inquiries. pursue. In addition, the amendment permit CFTC to impose notice, report- may have caused unintentional confu- IV. PUBLIC OUTREACH ing, price dissemination, record- sion as to which regulator may or may In carrying out its regulatory and enforce- keeping, among other requirements. ment responsibilities under the CEA, the not oversee individual participants or Not only would these requirements components of the marketplace. Before Commission relies upon the public as an im- apply to dealer markets, but also to ex- portant source of information. A question- we make any fundamental change, we naire, available by clicking on the Enron In- emption commodity transactions on should, at a minimum, try to under- formation link on the CFTC’s homepage at such an entity. stand the ramifications first. www.cftc.gov, has been prepared by the The secondary amendment that I am afraid this amendment might fit CFTC’s Division of Enforcement to assist would exempt metals from the pro- under the congressional precept that if members of the public in reporting sus- posed regulatory scheme of the under- it is worth reacting to, it is worth picious activities or transactions involving lying amendment is not a good idea. overreacting to, and that is something Enron, its subsidiaries, affiliates, or related Congress should be very cautious about entities. The Division is also interested in we have to avoid if we want to make carve-outs without fully understanding sure that the markets continue to receiving information relating to suspicious the implications. With regard to met- activities or transactions that may have af- exist. Like Chairman Greenspan, I be- fect West coast electricity or natural gas als, Congress may start down a slip- lieve the derivative trading, even in prices, particularly in January 2000 through pery slope where this initial carve-out the energy derivative area, has been December 31, 2001. Interested person can also is for the metals industry and then extremely beneficial to our economy call the Commission’s toll-free voice mailbox move on to other industries. I believe and I hope we continue it. and leaving relevant information at (866) 616– we need to explore this in the commit- I request that Members vote against 1783. tees before having it considered on the the overlying amendment. Mr. ENZI. Mr. President, I believe floor. Therefore, I urge Members to re- I ask unanimous consent that a let- the amendment is overly broad and, if sist the free vote without knowing all ter from Jack Gerard of NMA be print- adopted, will likely decrease market li- the consequences. ed in the RECORD. quidity because of increased legal and Letters were recently sent to the There being no objection, the mate- transactional uncertainties. Addition- Senate Energy Committee by the Chi- rial was ordered to be printed in the ally, energy companies may be discour- cago Board of Trade, the Chicago Mer- RECORD, as follows: aged from using derivatives to hedge cantile Exchange, and the New York NATIONAL MINING ASSOCIATION, price risks, resulting in increased vola- Mercantile Exchange opposing legisla- Washington, DC, June 11, 2003. tility in the energy markets. In the tion introduced this Congress that is Hon. MIKE ENZI, end, I believe this will hurt the very very similar to the amendment before U.S. Senate, Russell Senate Office Building, consumers the legislation seeks to us. Washington, DC. help. Various other groups have been out- DEAR SENATOR ENZI: The National Mining The amendment appears to grant the spoken about this amendment, includ- association opposes attempts by Senator Feinstein or Senator Levin to further regu- Federal Energy Regulatory Commis- ing the National Mining Association, late the derivatives OTC market. Over the sion primary jurisdiction over energy the International Swaps and Deriva- Counter derivatives including those based on derivatives, but if the Federal Energy tives Association, and the Bond Market energy and metals are critical risk manage- Regulatory Commission determines Association, just to name a few. In ad- ment tools.

VerDate Jan 31 2003 01:51 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.017 S11PT1 S7662 CONGRESSIONAL RECORD — SENATE June 11, 2003

We appreciate Senator Reid’s positive 2. WHAT IS THE OVER-THE-COUNTER MARKET? The legislation creates legal uncertainty work to exclude metals from the pending The OTC market is the principals’ market by giving the CFTC vastly expanded and un- amendment, but continue to oppose the whereby business is transacted directly be- defined jurisdiction over all types of com- Feinstein or Levin amendments which un- tween the buyer and seller. There is no mid- modities transactions, not just futures con- necessarily increases regulation of the OTC dleman, exchange or clearinghouse involved. tracts. The clarity of CFTC jurisdiction, and energy derivatives. The OTC market now sees most of the deriv- accompanying legal certainty that trans- Attached are additional talking points ative activity, and dwarfs the exchanges. actions will not be deemed illegal and void- able, created by the CFMA enacted in 2000 is generated by us and our partners in the fi- 3. WHY DO COMPANIES USE DERIVATIVES? nancial community. Thank you for your in- destroyed. Companies use derivatives to manage risk terest. Legal uncertainty is compounded by the and enhance profit potential. Derivatives Sincerely, fact that FERC now has a role that is sup- have been around since the 1970s and gen- JACK GERARD. posedly dependent on whether energy is ac- erally have been regarded as efficient tools tually delivered. However, the decision that lend stability to business operations. whether to deliver energy may be made Hon. BILL FRIST, Corporations typically use them to reduce Majority Leader, U.S. Senate, years after the transaction is entered into, risk from swings in currency values or inter- leaving the parties uncertain during the life Washington, DC. est rate movements. Hon. TOM DASCHLE, of the contract which agency has jurisdic- Democratic Leader, U.S. Senate, 4. ARE DERIVATIVES IMPORTANT TO THE MINING tion. Washington, DC. INDUSTRY? Message: Oppose the Feinstein Amend- THE HONORABLE BILL FRIST AND THE HON- Since 1974, when the Commodity Exchange ment. If action needs to be taken, it should ORABLE TOM DASCHLE: We urge you to oppose Act (CEA) was enacted by Congress, deriva- be done in a thoughtful, deliberate manner any financial derivatives, energy derivatives, tives have become very important to the through the Committee process, not as a metals derivatives and energy trading mar- metals mining industry as a method to pro- floor amendment. ket provisions contained in S. 509 that may tect against market volatility. Many of Mr. ENZI. I yield the floor. these products did not exist when the Act be offered as amendments by Senator Fein- f stein to H.R. 6, the Energy Policy Act of was first adopted. These derivatives play a 2003. key role in the metals hedging programs EXECUTIVE SESSION The provisions of S. 509 (introduced by that gold producers have used in periods of Senator Feinstein in March and referred to declining gold prices to sell their production forward. Miners of other metals commodities the Senate Agriculture Committee) include, NOMINATION OF RICHARD C. WES- in addition to other problematic provisions, also use derivatives to manage the risk of fluctuating prices. Since their creation, LEY TO BE UNITED STATES CIR- language that would expand FERC jurisdic- CUIT JUDGE FOR THE SECOND tion, creating uncertainty and unnecessary these metals derivatives products have al- jurisdictional confusion between the FERC ways been sold over-the-counter, mainly be- CIRCUIT and CFTC for financial and energy deriva- cause the transactions occur between or The PRESIDING OFFICER. Under among large institutions and high worth tives transactions. The amendment also con- the previous order, the Senate will now tains specific provisions to expand FERC ju- companies and the products can be customized for the particular needs of the par- go into executive session to consider risdiction over ‘‘other financial trans- Executive Calendar No. 220, which the actions.’’ In addition to creating legal uncer- ties. tainty within the OTC derivatives markets, 5. HOW HAVE DERIVATIVES BENEFITED MARKET clerk will report. this provision would potentially call into PARTICIPANTS? The assistant legislative clerk read question the CFTC’s exclusive jurisdiction The growth of the derivatives market has the nomination of Richard C. Wesley, over futures and options on futures. been of considerable benefit to users individ- of New York, to be United States Cir- Provisions contained in S. 509 are similar ually. In the gold sector, central banks have cuit Judge for the Second Circuit. to the Feinstein amendment, which was of- been able to earn income on gold holdings, The PRESIDING OFFICER. Who fered to last year’s Senate energy bill. The while gold fabricators have been able to in- yields time? amendment was defeated in a cloture motion sulate themselves from the impact of fluc- The Senator from Vermont. on April 10, 2002. In addition, key financial tuations in the price of gold on their inven- Mr. LEAHY. Mr. President, I yield regulators have also opposed these types of tory holdings. Hedging has enabled producers provisions. The Chairman of the Board of to develop new mines using project finance. myself time. As the two distinguished Senators Governors of the Federal Reserve, the Sec- 6. HOW WOULD A COMPANY USE DERIVATIVES TO retary of the Treasury, the Chairman of the HEDGE THEIR MINE PRODUCTION? from New York are in the Chamber, I Securities and Exchange Commission and A hedging program will typically include a will yield my time to them adding only the Chairman of the Commodity Futures mix of over-the-counter derivative products, this: This is a nominee to one of the Trading Commission, collectively known as including ‘‘Forward Sales’’ and ‘‘Spot De- most important courts in the country. the President’s Working Group on Financial ferred Contracts.’’ For example, in a spot de- It is actually my circuit. It is a Repub- Markets (PWG), all opposed earlier versions ferred contract a bullion dealer borrows gold lican nominee, nominated by a Repub- of the proposed legislation. from a central bank, and sells it into the lican President. I predict that the We ask that you preserve the legal activity spot market at a price of $350 per ounce. The achieved with passage of the Commodity Fu- nominee is going to go through easily proceeds are placed on deposit and earn in- because, contrary to the normal proce- tures Modernization Act of 2000 and oppose terest of 4%. A fee of 1% is paid by the bul- any amendments relating to financial de- lion dealer to the central bank. The interest dure on some of these nominees, the rivatives and the energy trading markets. difference of 3.0% is called ‘‘contango.’’ The White House has sent up somebody who Sincerely, mining company receives the original pro- can unite us, not divide us. Usually American Bankers Association, ABA Se- ceeds from the spot sale ($350) plus the five they send nominees who divide us and curities Association, Association for years of accrued interest ($56) for a total not unite us. This is an example of Financial Professionals, The Bond Mar- amount of $406 per ounce. ket Association, Emerging Markets what happens when a nominee to a TALKING POINTS FOR FEINSTEIN AMENDMENT Trade Association, Financial Services powerful court is sent up who will TO SENATE ENERGY BILL Roundtable, The Foreign Exchange unite us and not divide us. Committee, Futures Industry Associa- Senator Feinstein is offering an amend- I yield the floor. tion, International Swaps and Deriva- ment to the comprehensive energy bill which The PRESIDING OFFICER. Who tives Association, Managed Funds As- is now being considered on the Senate floor. yields time? This amendment would subject OTC energy sociation, National Mining Associa- The Senator from New York. tion, Securities Industry Association. derivatives to comprehensive, exchange-type regulation including capital requirements. Mr. SCHUMER. Mr. President, I join 1. WHAT ARE DERIVATIVES? Although Senator Feinstein has made my colleague from Vermont and my The term ‘‘derivatives’’ refers to a wide some changes to her original legislation as colleague from New York in supporting array of privately negotiated over-the- introduced, these are not significant and do the nomination of Judge Wesley. counter (‘‘OTC’’) and exchange traded trans- not address the concerns we have raised with I rise in enthusiastic support of Rich- actions. Over the last decade, OTC deriva- you and others. ard Wesley’s nomination to the Second tives transactions have grown to include not The legislation still contains inappropriate Circuit Court of Appeals. only interest rate and currency swaps, but layers of regulation, including capital re- also interest rate caps, collars and floors, quirements for electronic exchanges that Like most of the nominees we see, swap options, commodity price swaps, equity only bring parties together and have no role Judge Wesley has a top-flight legal swaps, credit derivatives, weather deriva- in any resulting transactions. This amount mind and experience. He graduated tives and other financial derivative products. of regulation sends the business offshore. from SUNY-Albany summa cum laude

VerDate Jan 31 2003 01:51 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.008 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7663 and from Cornell Law School. He said that, but this is what he has done nominates judges in the mold of Judge worked in private practice for several because he has a record. He has had 16 Wesley, clearly conservative but also years, worked as a staffer to the minor- years on the bench to back it up. We clearly within the mainstream. It ity leader of the New York State As- know Judge Wesley has certain posi- would be my hope that we would not sembly, and from 1983 to 1987, rep- tions in which he personally believes. have 51 votes for many of the nominees resented the 136th District in the as- He has an ideology. That is clear from but 100 for most all of the nominees, or sembly. several of the votes he took in the as- close to it. If this President should de- That was just after I left the assem- sembly. For instance, in the assembly cide to treat the nominees and the rest bly, so I never had the privilege of ache voted the pro-life point of view. of the country the way he is treating tually serving with him, but my former That is different from mine. And, of nominees in the Second Circuit, that is colleagues in the assembly, many of course, I do not have a litmus test. what would happen. That is my hope. whom disagreed on policy with Judge Most of us do not. That is my prayer. Wesley, all have spoken very highly of What is abundantly clear from his I urge every one of my colleagues to both his capabilities and his integrity. record on the bench is that he can vote for this fine addition to the bench. Judge Wesley has served on the State check his personal beliefs at the door We are all proud of him in New York trial court in New York, the inter- and judge fairly and honestly. State, and he will make a great addi- mediate appellate court, and for the Unlike, some of the nominees we tion to the Second Circuit. past 6 years on New York’s highest have seen, including Bill Pryor, the I yield the floor. court, the court of appeals. He has the Fifth Circuit nominee whose conten- The PRESIDING OFFICER. The Sen- distinction of being appointed to the tious hearing is going on in the Judici- ator from New York. bench by both Governor Cuomo and ary Committee as we speak, there is Mrs. CLINTON. Mr. President, I rise Governor Pataki. Clearly there is a se- nothing controversial about Judge to join my colleague from New York in rious history of bipartisan support. Wesley. expressing my very strong support for His nomination has been examined He is best known for his thoughtful, the nomination of New York State by his good friend and my friend Con- scholarly approach that unites judges Court of Appeals Judge Richard C. Wes- gressman REYNOLDS, as well as by Bill behind unanimous opinions. ley to the United States Court of Ap- Paxon. They have known him for a He is truly a uniter, not a divider. He peals for the Second Circuit. very long time and vouch for him as is a judge, not an activist. He will be a A few weeks ago, I was honored to well. I do not think Judge Wesley credit to New York, to the Second Cir- testify before the Judiciary Committee would have gotten where he did with- cuit, and to the Senate when we con- in support of this nominee because I out the push from TOM REYNOLDS, and firm him. believe then, as I do today, that he will I think we all appreciate it because we It would be my wish that this would make a fine addition to the Second Cir- are adding a qualified person to the be the character of the President’s cuit and will serve that court with dis- bench. nominees. I ask unanimous consent tinction. I was also pleased to see sup- There is no question Judge Wesley is that an editorial from Judge Wesley’s porting Judge Wesley’s nomination, his well-qualified, but as my colleagues hometown paper, the Rochester D&C, mother Beatrice, ‘‘Betty’’ Wesley and know, legal excellence is only one of Democrat and Chronicle, be printed in his children Sarah and Matthew. They the three criteria I use when evalu- the RECORD. It says: ‘‘Bipartisan Sup- and his wife Kathryn are all very proud ating judicial nominees. I also look at port?’’ And then it says: of him, and have every reason to be so diversity and moderation. If only more judicial nominees would go as proud. Judge Wesley is the third Second Cir- smoothly as this one. The calls and letters of support I cuit judge we have considered under Well, I wish that would happen. have received about Judge Wesley from the Bush administration. There being no objection, the mate- a wide variety of distinguished mem- Judge Barrington Parker, who we rial was ordered to be printed in the bers of the legal profession are a testa- confirmed in 2001, is African-American, RECORD, as follows: ment to his qualities of high intellect, and Judge Reena Raggi, who we con- [From the Rochester D&C, June 4, 2003] judicial temperament, caring for the firmed in 2002, is a woman. So we are BIPARTISAN SUPPORT? profession and, most importantly, com- doing quite well on diversity when it If only more judicial nominations would go mitment to justice. comes to recent nominations to that as smoothly as this one. Having a significant public service court. In an era in which partisan bickering over record is not a requirement for serving Our experience with the Second Cir- judicial nominations has become almost rou- on our Federal judiciary. But it is very cuit on excellence and diversity is tine, it’s significant that New York Appeals significant to note that Judge Wesley Court Judge Judge Richard Wesley has bi- similar to our experience with the has spent most of his career serving partisan backing for his nomination to a fed- the public trying to make New York a President’s nominations to the other eral court. circuit courts. By and large, he has For the sake of the nation’s judiciary, hope better place for our children and fami- done a good job bringing us well-quali- that Wesley’s easy confirmation hearing be- lies. fied nominees who are not exclusively fore the Senate Judiciary Committee last He has had a distinguished academic white males. week will become a model for handling presi- career, graduating summa cum laude It is on that third prong, moderation, dential nominations to federal judgeships. from Cornell University Law School. where we have had some problems. I Wesley, a resident of Livonia in Livingston He did have the experience in private County, is now virtually assured of winning am pleased to say that Judge Wesley practice and in the legislative body, confirmation by the Senate Judiciary Com- the New York State assembly. He has fits quite well with Judge Parker and mittee and the full Senate when they vote on Judge Raggi as being well within the the nomination. served on trial and appellate New York mainstream. Wesley’s smooth sailing had a lot to do courts. I would like to read what Judge Wes- with the strong support he had from Sens. In addition to performing his profes- ley said about his own judicial philos- Charles Schumer and Hillary Clinton, both sional duties to the highest standards, ophy: Democrats, and Republican Rep. Tom Rey- he has taken an interest and taken the nolds, who represents parts of this region. time to become involved in other sig- I consider myself a conservative in nature, Wesley, appointed to state courts by former pragmatic at the same time, with a fair ap- nificant pressing problems. As a trial Democratic Gov. Mario Cuomo and Repub- court judge, Judge Wesley instituted a preciation of judicial restraint. I have al- lican Gov. Pataki, is a GOP conservative, ways restricted myself to what I understand who Schumer described as having ‘‘moderate felony screening program in Monroe to be the plain language of the statue and views.’’ County that reduced the delays in not gone beyond that [because] public policy Maybe if the Bush administration selected processing felony cases by over 60 per- is made by the legislature. more judges of Wesley’s caliber there’d be cent. The program proved so successful That is an honest and candid assess- less of the antagonism that typically sur- that it served as a model for judicial ment of how Judge Wesley judges. rounds too many judicial nominations. districts across our State. It is not just words. We have had Mr. SCHUMER. It will happen if the In 1993, he created the JUST Pro- nominees who have come before us and President truly consults with us and gram, which for a decade has provided

VerDate Jan 31 2003 04:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.018 S11PT1 S7664 CONGRESSIONAL RECORD — SENATE June 11, 2003 services to court and criminal justice Mr. HATCH. Mr. President, I am In addition to his public and commu- agencies, again in Monroe County, to pleased that we are considering the nity service, Judge Wesley has been ac- monitor preplea and presentence de- nomination of Richard C. Wesley, who tively involved in efforts to improve fendants and to provide alternatives, has been nominated by President Bush the legal and judicial process. He has where appropriate, to incarceration. to serve on the United States Court of been a leader in numerous bar associa- I am also very impressed that Judge Appeals for the Second Circuit. He has tions and law-related organizations. Wesley has been a champion for vic- an outstanding record of distinguished For example, he serves on the Cornell tims of domestic violence. He has been public service and will be a great addi- Law School Advisory Council and the in the forefront for years in providing tion to the Second Circuit. Cornell University Council, and is a shelters for victims of domestic vio- Judge Wesley currently serves as an Fellow of the New York State Bar lence, primarily women and their chil- associate judge on the New York Court Foundation. In January of 1991, Judge dren. He has championed their rights of Appeals, the State’s highest court, Wesley was appointed by the chief ad- in court and he has sought to help pro- having been unanimously confirmed by ministrator of the courts to be the su- vide the resources that would give the State senate in 1997. His 16 years on pervising judge of the Criminal Courts these victims another chance. the trial and appellate bench, plus in the Seventh Judicial District, and in After 7 years on the trial court, he prior service as a member of the New this capacity developed case manage- was appointed to the appellate division York State Assembly, has given him ment systems that greatly improved and then to New York’s highest appel- the experience and background to the efficiency of the court’s criminal late court, the New York State Court make an outstanding Second Circuit docket. These reforms have since of Appeals. Judith Kaye, the Chief Judge. served as models for other jurisdictions Judge of that court, cannot say enough In addition to his judicial experience, with heavy criminal caseloads. about Judge Wesley’s contributions. I Judge Wesley has had a distinguished Judge Wesley comes to us highly rec- am sure he will be greatly missed as he legal career. After graduating from ommended and warmly endorsed by his starts his new career on the Second Cornell Law School, he began his legal colleagues and former colleagues on Circuit. career in 1974 as an associate at the the New York State courts, litigants This is a very positive nomination. Pittsford, NY, office of Harris, Beach who know him personally and have He will not only make his former col- and Wilcox. He achieved a partnership practiced in his courtrooms, the presi- leagues proud and he will certainly at Welch, Streb, Porter, Meyer & Wes- dent of the New York State Bar Asso- make lawyers everywhere proud, but ley in Geneseo, NY, in 1977 and in 1979, ciation, community leaders in his he will especially make Western New became assistant counsel to the minor- hometown of Livonia, NY, Gov. George York proud because once confirmed, ity leader of the New York State As- Pataki, and New York’s attorney gen- Judge Wesley will be the first Western sembly in Albany. In 1983, he was elect- eral, Eliot Spitzer. Let me read a few New Yorker—for those who are not ed to the New York Assembly himself, statements made by some of his many from New York, that includes places representing his home district in west- supporters. Jonathan Lippmann, chief administrative judge of the State of such as Rochester, Buffalo, and James- ern New York. New York, writes that Judge Wesley, town, places on the other end of our Judge Wesley began his judicial ca- ‘‘has been a model of the wisdom, tem- very diverse, large State—to be con- reer in 1987, when he was elected to the perament, craftsmanship, and personal firmed as an associate judge of the Sec- Seventh Judicial District of the Su- qualities that make for the most out- ond Circuit since 1974. preme Court of New York. From 1991 to Although it is very clear that Judge 1994, he served as the supervising judge standing judges.’’ Joseph Bellacosa, dean of the St. John’s University Law Wesley and I do not agree on every pol- for the Criminal Courts within the Su- School and a former colleague on the icy or legal issue, and I have no way of preme Court, and in 1994 Governor New York Court of Appeals, writes that knowing how Judge Wesley will vote Cuomo appointed him to the Appellate Judge Wesley ‘‘is intellectually curious when these important issues come be- Division of the Supreme Court in Roch- and open to fresh ideas and insights of fore him, I have every confidence in his ester, where he heard appeals of Su- others, respectful of the great strength professional preparation, in his tem- preme Court trial decisions from cen- derived from collegial shared wisdom perament and demeanor, in his com- tral and western New York. On Decem- of others, yet confident and resolute in mitment to justice. He may be a con- ber 3, 1996, Governor Pataki nominated his personal conviction on values and servative Republican, but he is a judge Judge Wesley to the New York Court of fundamental principles. He is also a Appeals. Judge Wesley was confirmed and an American first. tireless worker and seeker of equal jus- I join my colleague, the ranking by a unanimous vote of the New York tice for all. He loves being a Judge and member on the Judiciary Committee, State Senate on January 14, 1997, and is devoted to the fair administration of in expressing the very strong wish that has served with distinction on the justice under the rule of law.’’ And we could have more nominees like State’s highest court ever since. His 16 Governor Pataki has also written, Judge Wesley, someone who comes years as a judge at both trial and ap- praising Judge Wesley’s excellence as pellate levels, plus prior service as a from a Republican President, who is an appellate jurist and specifically not- State assemblyman in New York, have easily confirmed by a bipartisan major- ing his ‘‘wealth of experience, intellect, ity, proceeded by a unanimous vote in given him the experience and back- integrity and judicial temperament.’’ the Judiciary Committee. I predict he ground to make an outstanding Second The legal bar’s wide regard for Judge will be confirmed on this floor unani- Circuit judge. Wesley is further reflected in his eval- mously. Why? Because although Judge Judge Wesley is a native of Livonia, uation by the American Bar Associa- Wesley is not of my party, he may not NY, and has served his community, tion. The ABA evaluates judicial nomi- be of my judicial philosophy, he al- State, and Nation in a variety of ways. nees based on their professional quali- ready in his judicial career decided Not only has he served in his profes- fications, their integrity, their profes- cases differently than I would have, sional capacity, but also he believes in sional competence, and their judicial had I been sitting on that bench, he is community service and has been in- temperament. The ABA has bestowed a person whom we always know will volved in community service organiza- upon Judge Wesley its highest rating of put the interests of justice first, and tions such as the United Church of Unanimously Well Qualified. will preside in a totally nonideological, Livonia, Chances and Changes, a com- The record is clear that Judge Wesley nonpartisan manner. That is what munity-based organization in Living- is worthy of confirmation for this posi- every judge should be doing. ston County that provides safe housing tion of high responsibility on the Court It is certainly the responsibility of to battered women, and the Myers of Appeals for the Second Circuit. I the Senate to advise and consent so Foundation, a foundation based in his strongly support his confirmation and that our Federal judiciary, which con- hometown that helps needy families in urge my colleagues to do likewise. sists of lifetime appointments, will be the area. Judge Wesley is also active in The PRESIDING OFFICER. The Sen- filled by people of the caliber of Judge a number of local youth sports pro- ator from Vermont. Wesley. grams and serves as a driver for the Mr. LEAHY. How much time re- I yield the floor. Livonia Volunteer Ambulance. mains?

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.035 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7665 The PRESIDING OFFICER. Two cial nominees than Republicans did for [Rollcall Vote No. 215 Ex.] minutes. President Clinton in 1995–97. In addi- YEAS—96 Mr. LEAHY. I thank the Chair. tion, the vacancies on the Federal Akaka DeWine Lott Today, we vote to confirm Richard courts around the country are signifi- Alexander Dodd Lugar Wesley to serve on the United States Allard Dole McCain cantly lower than the 80 vacancies Re- Allen Domenici McConnell Court of Appeals for the Second Cir- publicans left at the end of 1997. We Baucus Dorgan Mikulski cuit, the Federal circuit covering continue well below the 67 vacancy Bayh Durbin Miller Vermont, New York, and Connecticut. level that Senator HATCH used to call Bennett Edwards Murkowski With this confirmation we will have Biden Ensign Murray ‘‘full employment’’ for the Federal ju- Bingaman Enzi Nelson (FL) filled the sole vacancy on this circuit diciary. Bond Feingold Nelson (NE) court. I remember when President Clin- Indeed we have reduced vacancies to Boxer Feinstein Nickles ton had multiple nominees pending be- their lowest level in the last 13 years. Breaux Frist Pryor Brownback Graham (SC) Reed fore the Senate for the five simulta- So while unemployment has continued Bunning Grassley Reid neous vacancies that then existed. The to climb for Americans to 6.1 percent Burns Gregg Roberts entire circuit was declared a judicial last month, the Senate has helped Byrd Hagel Rockefeller emergency by the chief judge, and he Campbell Harkin Santorum lower the vacancy rate in federal Cantwell Hatch Sarbanes had to resort to three-judge panels courts to an historically low level that Carper Hutchison Schumer with only one Second Circuit judge. we have not witnessed in over a decade. Chafee Inhofe Sessions Republicans were not moving those Of course, the Senate is not adjourning Chambliss Inouye Shelby Clinton Jeffords Smith nominations at that time. All of the for the year and the Judiciary Com- Cochran Johnson Snowe Senators from the Second Circuit mittee continues to hold hearings for Coleman Kennedy Specter joined together to work for their con- Bush judicial nominees at between two Collins Kerry Stabenow firmation, and we were finally able to Conrad Kohl Stevens and four times as many as he did for Cornyn Kyl Sununu confirm them all, including Judge President Clinton’s. Corzine Landrieu Talent Sonia Sotomayor, after significant ef- For those who are claiming that Craig Lautenberg Thomas forts. This nomination did not suffer Democrats are blockading this Presi- Crapo Leahy Voinovich Daschle Levin Warner those needless delays. With the support dent’s judicial nominees, this is an- Dayton Lincoln Wyden of Senator SCHUMER and Senator CLIN- other example of how quickly and eas- NOT VOTING—4 TON, this nomination has been consid- ily the Senate can act when we proceed ered expeditiously. Fitzgerald Hollings cooperatively with consensus nomi- Graham (FL) Lieberman The Senate has already confirmed 129 nees. The Senate’s record fairly consid- judges, including 26 circuit court ered has been outstanding—especially The nomination was confirmed. The PRESIDING OFFICER. The judges, nominated by President Bush. when contrasted with the obstruction President will be notified of the Sen- One hundred judicial nominees were of President Clinton’s moderate judi- ate’s action. confirmed when Democrats acted as cial nominees by Republicans between the Senate majority for 17 months 1996 and 2001. f from the summer of 2001 to adjourn- I hope the White House would note LEGISLATIVE SESSION ment last year. After today, 29 will the strong support for this conserv- The PRESIDING OFFICER. Under have been confirmed in the other 12 ative Republican nominee to the Sec- the previous order, the Senate will now months in which Republicans have con- ond Circuit. I know my good friends return to legislative session. trolled the confirmation process under from New York are aware this is a case The Senator from Louisiana. President Bush. This total of 129 judges where the White House actually f confirmed for President Bush is more worked with them and consulted with confirmations than the Republicans al- them on a nominee. That has not been ORDER OF BUSINESS lowed President Clinton in all of 1995, the case of other parts of this country Mr. BREAUX. Mr. President, I say to 1996, and 1997—the first 3 full years of that has brought about divisiveness. the managers of the Energy bill, I his last term. In those 3 years, the Re- Again I urge, and I have been urging would like to speak for a couple min- publican leadership in the Senate al- for a little over 2 years, the White utes on a subject that is going to be lowed only 111 judicial nominees to be House might start a new course, one of coming up in the Senate next week and confirmed, which included only 18 cir- seeking to unite and not divide our ju- in the Senate Finance Committee on cuit court judges. We have already ex- dicial nominees, to have consultation, tomorrow. The subject is Medicare. I ceeded that total by 15 percent and the not arbitrariness, on judicial nominees. do not want to interfere with anybody circuit court total by 40 percent with 6 I ask for the yeas and nays. who has a pending amendment, but I months remaining to us this year. The PRESIDING OFFICER. Is there a think this would be an appropriate Today’s confirmation makes the sufficient second? time to make a few comments on this ninth court of appeals nominee con- There is a sufficient second. subject. firmed by the Senate just this year. The question is, Will the Senate ad- The PRESIDING OFFICER. The Sen- That means that in the first half of vise and consent to the nomination of ator from Louisiana. this year, we have exceeded the aver- Richard C. Wesley, of New York, to be f age of seven per year achieved by Re- United States Circuit Judge for the publican leadership from 1995 through Second Circuit? On this question, the MEDICARE AND PRESCRIPTION the early part of 2001. The Senate has yeas and nays have been ordered, and DRUGS now achieved more in fewer than 6 full the clerk will call the roll. Mr. BREAUX. Mr. President, my col- months for President Bush than Repub- The legislative clerk called the roll. leagues, the Senate will begin, this licans used to allow the Senate to Mr. MCCONNELL. I announce that week in the Finance Committee—on achieve in a full year with President the Senator from Illinois (Mr. FITZ- Thursday, tomorrow—marking up a Clinton. We are moving two to three GERALD) is necessarily absent. historic reform piece of legislation times faster for this President’s nomi- Mr. REID. I announce that the Sen- dealing with the subject of Medicare nees, despite the fact that the current ator from Florida (Mr. GRAHAM), the and prescription drugs for our Nation’s appellate court nominees are more con- Senator from South Carolina (Mr. HOL- older Americans. I think it is a historic troversial, divisive, and less widely LINGS), and the Senator from Con- opportunity for the Senate, in a bipar- supported than President Clinton’s ap- necticut (Mr. LIEBERMAN) are nec- tisan fashion, to come together and pellate court nominees were. essarily absent. produce a product that is something of If the Senate did not confirm another The PRESIDING OFFICER. Are there which we can all be proud. judicial nominee all year and simply any other Senators in the Chamber de- Many Members of the Senate, when adjourned today, we would have treat- siring to vote? you talk about Medicare, would like ed President Bush more fairly and The result was announced—yeas 96, the Federal Government to do every- would have acted on more of his judi- nays 0, as follows: thing and the private sector to not be

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.036 S11PT1 S7666 CONGRESSIONAL RECORD — SENATE June 11, 2003 involved at all. There are other Mem- That is a generous plan that is very provides private sector delivery, with bers, on the other hand, who would like similar to what we have as Members of choices that will benefit seniors. I the private sector to do everything and Congress and Members of the Senate. think in the long term it will benefit the Federal Government to not be in- That drug program, unlike the hospital all of us who are concerned about this. volved at all. The answer to how we and doctor benefits, will be provided by I commend Senator BAUCUS for his craft this legislation really is by trying the private sector to bring about com- work and for working with the chair- to combine the best of what Govern- petition, to have companies come in man, Senator GRASSLEY, in putting to- ment can do with the best of what the and say: We will provide it at this gether this package. The only way it is private sector can do. amount. They can vary the premiums going to get done is bipartisan. Some My colleagues, the bill that will be as long as the Federal Government will argue it is not enough, and I un- brought before the committee tomor- would approve it. For example, some- derstand that, but this is 100 percent row, in a bipartisan fashion, under the one may like a higher deductible, more than seniors have today. Con- leadership of Chairman GRASSLEY and someone may like a lower deductible. gress should not walk away from a $400 Ranking Member BAUCUS, does exactly They could make those adjustments billion program for providing prescrip- that. I would like to take just a minute within a range, but the Government tion drugs to seniors because it is not to try to explain what the bill will do would have to make sure that is ac- more money, because that simply is in more general terms so everybody ceptable and that is approved by HHS. not looking at what is possible and can get an idea what they are going to If a senior—for example, most young- what is likely to happen in the real be looking at next week. er seniors and seniors going into the world. A Medicare beneficiary, beginning program in the future—would like to next year, will have the opportunity to This is a once-in-a-lifetime oppor- go into that type of program for every- tunity. I encourage my colleagues to have a prescription drug discount card. thing—for doctors and hospitals and That will be something they will start work with us to produce this package. for drugs—if they think that is the I yield the floor. with at the beginning of the year. They good program for them, that gives will be able to take that card to their The PRESIDING OFFICER. The Sen- them choice, they will start selecting ator from Michigan is recognized. local drugstore and get anywhere from the Medicare Advantage Program a 20-, 25-percent discount on the drugs Ms. STABENOW. Mr. President, I ap- where they will get doctor coverage, preciate a moment to have a chance to they buy. In addition, we will provide a hospital coverage, and prescription subsidy to low-income seniors, in addi- give an alternative view. I thank my drug coverage. colleague from Louisiana. He has tion to that discount card, to help This will still be in HHS, but it will worked diligently on the issue of pre- them buy drugs. be run by a new, competitive agency While that is happening, the Govern- scription drug coverage for many within HHS—not micromanaged, not ment will be engaged in trying to set years, as have other of my colleagues price fixing, as we have now, but a new, up a process whereby, in the year 2006, on the floor regarding this issue. I wish competitive agency within HHS which Medicare beneficiaries will have more to take this moment following his pres- will be created in order to make sure choices than they would otherwise. entation to speak to the fact that there that the new program is being run Under the principle of saying the is much work left to be done by this properly. It will be run very similarly Government should do what it does body before we have prescription drug to how our program is run that is for best and the private sector should do coverage that in fact meets the needs Federal employees. We have Federal what it does best, we have established and the desires of the seniors of Amer- health insurance, but they use a pri- in the legislation a Medicare Program ica. that says to seniors, if they want to vate delivery system, and the Govern- ment makes sure everybody follows the The plan being put forward tomorrow stay right where they are in tradi- in the Finance Committee basically tional Medicare, they will have the op- rules and that there is competition, there is choice—that some plans may does two things. It offers two struc- portunity to do that, and they will also tures. The majority of those supporting have the opportunity to get prescrip- be better than others—and they have an opportunity, every year, to take a it will openly indicate that they would tion drugs under their traditional prefer that the seniors of America go Medicare Program. look at what is being offered; and sometimes they will pick this plan, into managed care rather than stay in If they think that a new program traditional fee-for-service Medicare, being offered will be a better oppor- sometimes they may pick another plan, but they will have the choice to where the senior determines their doc- tunity for them, they can voluntarily tor, pharmacy, and other choices. move into what we call Medicare Ad- pick the plan that is best for them. There is a desire to move people into vantage, where they would also have So I think, in summary, what we what are called PPOs and HMOs and access to a prescription drug plan. have before the committee is a plan It is important to note that both of that combines the best of what the other managed care. We have experi- these opportunities, both of these Government can do with the best of ence with this because, since 1997, choices, are Government-run programs. what the private sector can do. The there has been the choice on behalf of Both of those programs will be under programs will still be under Health and American seniors to stay in traditional HHS, Health and Human Services. Both Human Services, whether you take this Medicare, choose their own doctor and of them will have the Federal Govern- plan or that plan. pharmacies, and so on, or to go into a ment supervising how the program is I think when you have private com- Medicare HMO. We know as of today being run, to make sure no one in the panies competing, you will have pri- that 89 percent of the seniors who private sector is scamming it or is not vate companies that will be more in- chose—they made their choice—have capable of producing the programs they volved in doing risk management and chosen to remain in traditional Medi- are saying they can produce. That is preventive medicine, preventive health care, which I believe is a very strong what Government can do best—as well services for the individuals who are in- message about the confidence seniors as help pay for them. volved. The Federal Government does have in the current system, the sta- If you are in traditional Medicare not do any of that. bility of it, the dependability of it. fee-for-service, all your doctor and hos- We simply fix prices and we do noth- They know what the premium is, they pital programs will be just like they ing with regard to risk management or know what the services are, and they are today. Then you will have the op- preventive health care. So we will have decide their doctor. This has been in portunity to have a prescription drug an intense debate. We will have a place and serving the seniors of the program which will have a standard markup in the Finance Committee on country since 1965. benefit package spelled out in law. Thursday. Then this bill will come to So the plan the committee is intend- What we are talking about is a pro- the floor. ing to report out tomorrow would cre- gram with about a $35-a-month pre- I think we will have an opportunity ate more choices of HMOs and PPOs mium, with about a $275 deductible and to do something that I think, for the and other managed care, and I support a 50 percent coinsurance for seniors for first time, gives seniors an opportunity that for seniors. But what it does not the drugs for which they pay. to have a federally run program that do is add a prescription drug benefit

VerDate Jan 31 2003 04:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.038 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7667 under traditional Medicare as an inte- This is a deep concern of mine. Why MCCAIN to close loopholes that have al- grated part of the traditional fee-for- are we going through all this con- lowed brand-name companies essen- service Medicare. voluted process? Well, I think there are tially to game the system, to keep All of the prescription drug plans two reasons. One is there are those who lower cost medicine off the market, that are part of this report tomorrow philosophically believe we should move unadvertised brands called generics. involve private insurance first. If pri- to private insurance, managed care. I There is a coming together that is vate insurance is available in your respect that. I have a disagreement very positive and bipartisan to pass State, or available in the region, if with that but I respect the philo- legislation to close loopholes and allow there are two or more companies there, sophical difference. Some don’t believe greater competition. I believe this is regardless of the premium they choose, we should have universal health cov- one of the most important ways we the benefits they choose, and how they erage under Medicare. I disagree. will, in fact, lower prices more than structure it, the pharmacies that they I think Medicare has been a great anything else to get more competition will let you go to, however they struc- American success story since 1965. In for unadvertised brands in the market- ture it, you would have to choose one fact, it is the one part of the universal place. of those two private insurance plans. health care we have in this country, There are two other issues about Now, technically, they are saying it and it concerns me deeply if we are which we have been offering amend- is under Medicare but this is not a going to roll that back. There is a dif- ments that I encourage colleagues to Medicare prescription drug benefit as ference in philosophy—and I appreciate support as a part of this process. One is the seniors of the country have asked that—on the part of colleagues on both to open the border to Canada for pre- to have provided to them. The seniors, sides of the aisle. scription drug coverage. From the potentially every year, would get pa- We know there is something else at State of Michigan, it is frustrating for perwork in the mail about two dif- work here, and that is a very large and the seniors, families and, in fact, the ferent insurance companies—if that is powerful prescription drug lobby, businesses in Michigan to literally available in their area—and they would which I believe, at all costs, wants to look across the river and know that on have to wade through the paperwork make sure our seniors are not in one the other side of that river they can and decide which of the two is best for insurance plan together—40 million get their American-made prescriptions them. The next year, if those two com- seniors and disabled people in our at half the price and, in some cases, at panies were not both available—if country, who would then be able to ne- even deeper discounts. there was only two and one decided it gotiate big discounts in prices. By di- I urge we come together and open the didn’t want to cover seniors anymore; viding folks up into lots of different in- border to Canada, and for colleagues it was too costly—then there would surance plans, making it more con- who have resisted that, I ask that we only be one insurance company; and fusing for people to stay in traditional look between now and 2006, when the the senior would have the ability, then, Medicare and get prescription drug prescription drug bill takes effect, at to go to a backup plan—something ad- help, and trying in every way to move the idea of a pilot project of opening ministered through Medicare. Then the next year, if there were two people more to managed care, the pre- the border to Canada until 2006 so that companies that decided they wanted to scription drug companies know they we can drop prices immediately. Our seniors have waited long enough. try their hand in covering Medicare will not be put in a position of having They do not need to wait another 21⁄2, 3 prescription drug coverage in their re- to substantially lower their prices for years to see prices go down and Medi- gion, they could not get the Medicare our seniors. I have deep concerns about plan anymore; they would have to pick this. I agree with my colleagues that care help come. Let’s open the border between those two companies. we have to work together in a bipar- now. Let’s sunset the pilot project Potentially, this could happen every tisan way if we are going to put for- when this bill takes effect, and then we single year for a senior. Seniors are not ward a bill. I am hopeful that through can evaluate any concerns that have asking for more paperwork or more amendments we can, in fact, provide a been raised about that process. That is choices of insurance companies. They better bill. I will be offering an amend- something we can do right now that already picked—89 percent of them— ment that will set up a real choice for would have 10 times the effect of low- traditional Medicare, run through seniors, allow them prescription drug ering prices than another discount card Medicare. Yet we are not giving 89 per- coverage under Medicare, which is for seniors. cent of them that choice. what they want, and then also allow The other issue I am hopeful we can That is a major concern I have about the other options colleagues have put support on a bipartisan basis is to sup- this plan. There is a better way to do together in the legislation that will be port States that are being creative in this, to give people more choices, but in front of us. their purchasing power to get dis- make sure one of the choices is tradi- I believe that is a true choice, and I counts for their citizens; efforts such tional Medicare. believe it is a choice that will allow as in the State of Maine to use their I find it quite amazing that we are prescription drug prices to go down, discount power to lower prices for the even talking about the structuring of a and that is a more cost-effective choice uninsured. plan in this way at this time when we overall for Medicare as a system as There are very positive steps we can look at the fact that Medicare has been well as for our seniors. take together. The generic drugs bill is rising in cost about 5 percent a year I will also be working with col- a very positive initiative. I appreciate and private insurance is going up 15 to leagues, as we have been for the last 2 the leadership on both sides of the aisle 20 percent a year. In fact, I have small years, on other efforts to lower prices for bringing that forward and coming businesses, as well as large businesses, for everyone. I am very proud of the together in a positive way. including auto manufacturers and fact that on this side of the aisle, we To conclude, when it comes to Medi- many others, coming to me concerned have brought the issue to this Chamber care prescription drug coverage, I re- about the explosion in their private of lowering prices through greater main deeply concerned about the direc- health insurance premiums every year competition in the marketplace and, in tion in which we are going. I believe we instead of choosing an approach that fact, we are seeing headway in that are moving in a direction that actually costs less so we can take some of those area. dismantles the only part of universal pressures off and put them into the I commend my colleagues on both care we have; that, in fact, will end up best benefit, the best way to provide sides of the aisle who have been coming with more subsidies and more money in medicine for seniors. This approach together in agreement on the issue of the pockets of insurance companies uses what is a more expensive model— generic drugs. I commend the leader of and drug companies as opposed to put- arguably, putting more dollars into the the HELP Committee, the Senator ting money in the pockets of our sen- pockets of insurance companies but from New Hampshire, Mr. GREGG, for iors who desperately need help with certainly not more dollars into the his leadership, the Senator from Mas- their prescription drugs. pockets of our senior citizens in the sachusetts, Mr. KENNEDY, and the Sen- I hope that as we enter into amend- form of access to more lower cost ator from New York, Mr. SCHUMER, who ments in the next week, we will come medicines. helped lead this effort with Senator together in a way that improves this

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.041 S11PT1 S7668 CONGRESSIONAL RECORD — SENATE June 11, 2003 bill and strengthens it, keeping in dicated there have been 36 circuit to oppose the amendment of the senior mind that our first priority should be judges approved. It is 26 circuit judges Senator from California, Mrs. FEIN- the people right now who need the approved. I misspoke. The 131 figure STEIN. help. We can do that if we are willing that will be completed about quarter to First, I address the second-degree to work together. 3 today is an accurate number of judges amendment the senior Senator from I yield the floor. who have been approved in this admin- Nevada, Senator REID, is offering. I en- The PRESIDING OFFICER (Ms. MUR- istration. courage my colleagues to oppose this KOWSKI). The Senator from Nevada. Also, Madam President, the chair- second-degree amendment, also. The f man of the full Energy Committee, the Reid second-degree amendment would manager of this bill, along with Sen- exempt derivative contracts on pre- ORDER OF BUSINESS ator BINGAMAN, is in the Chamber, and cious metals from the new regulatory Mr. REID. Madam President, I know the record should reflect we on this scheme the Feinstein amendment cre- the Senator from New Jersey wishes to side are not holding up this Energy ates. We are told the Feinstein amend- speak. There is a unanimous consent bill. I have no objection to the unani- ment is necessary to avoid the manipu- request that will be propounded which mous consent request. lation of markets for commodities that will help people understand what will The PRESIDING OFFICER. Without are in limited supply like oil or metals. happen. We are waiting for someone on objection, it is so ordered. Underpinning the Feinstein amend- the other side to read the request, and f ment is the belief the Enron debacle then we can agree to it. If the Senator and the California energy crisis oc- will withhold for a moment. ENERGY POLICY ACT OF 2003— curred because there was insufficient Mr. LAUTENBERG. Without losing Continued regulation and wrongdoers were able to my opportunity to the floor. The PRESIDING OFFICER. The Sen- accomplish massive frauds and manip- Mr. REID. I have the floor. Madam ator from New Mexico. ulation. The Feinstein amendment is President, we are shortly going to Mr. DOMENICI. Madam President, as intended to close the alleged regu- enter into an agreement to have a vote a manager of the bill, our side is await- latory loophole for off-exchange translate today for two more judges. This ing communication from the executive actions for exempt commodities. will make 131 judges—I think that is branch by way of explanation of the Assume, only for argument’s sake, the number—we have approved during Feinstein amendment. That should be that Senator FEINSTEIN is correct. As- the time the present President Bush arriving shortly. When it arrives, we sume the regulatory regime estab- has been President. will be ready on our side for the con- lished only 21⁄2 years ago is insufficient I am really not certain as to the clusion of any discussion. So it should and that we must close a so-called reg- number, but I believe it is 36 or 37 cir- not be too long—probably after lunch— ulatory loophole. If you believe this cuit court judges. The vacancy rate, as before we are ready on our side for a and support the Feinstein amendment, we discussed yesterday, is extremely vote on the Feinstein amendment. you must necessarily oppose the Reid low. There has been a lot of agitation For those who are wondering, that is second-degree amendment, which will and talk about how poorly the adminis- what is happening. There is no need to carve a vast number of derivative con- tration is being treated with their judi- be in the Chamber on that amendment tracts out of the regulatory scheme the cial nominees. Even the President can until that event occurs. I am certain Feinstein amendment creates. understand that a count of 131 to 2 is a nothing will happen on the Energy bill I don’t believe we can have it both pretty good record for him. until that time because there is no con- ways. What is necessary for the energy The PRESIDING OFFICER. The Sen- currence that anything can happen. In markets is necessary for the metals ator from New Hampshire. other words, we cannot do anything be- markets. I encourage my colleagues to f cause the Feinstein amendment cannot oppose both the Reid second-degree be set aside for any other amendments. amendment and the Feinstein amend- UNANIMOUS CONSENT AGREE- The PRESIDING OFFICER. The Sen- ment as unnecessary, redundant, and MENT—EXECUTIVE CALENDAR ator from Nevada. potentially destabilizing to our finan- Mr. SUNUNU. Madam President, I Mr. REID. Madam President, I say to cial markets. I encourage my col- ask unanimous consent, as in executive my friend from New Mexico, I am very leagues who feel compelled to support session, that at 2:15 p.m. today, the appreciative of the statement he just the Feinstein amendment to not sup- Senate proceed to executive session for made because I am going to do as he port the Reid amendment, which is at the consideration of Calendar No. 221, just did during this lull of time: Go get direct cross-purposes to the underlying the nomination of J. Ronnie Greer to my hair cut. amendment. be a U.S. District Judge for the U.S. Mr. DOMENICI. We hope it will be Less than 3 years ago, in December District of Tennessee; provided that here shortly. I noted the presence a 2000, Congress enacted the Commodity the Senate then proceed immediately short time ago of the chairman of the Futures Modernization Act of 2000, to a vote on the confirmation of the Agriculture Committee, which has pri- which was landmark legislation that nomination, with no intervening action mary jurisdiction on the Feinstein provided legal certainty regarding the or debate; provided, further, that im- amendment. He, too, was wondering regulatory status of derivatives. Pas- mediately following that vote, the Sen- what was happening. I want he and his sage of the modernization act was the ate proceed to the consideration of Cal- staff to know that is exactly what is result of many months of analysis of endar No. 222, the nomination of Mark happening. It should not be too much the role that derivatives play in the Kravitz to be a U.S. District Judge for longer until we then proceed in due marketplace and the consequences of the District of Connecticut; that there course for a vote. increased regulation. In fact, because then be 5 minutes for debate equally di- The PRESIDING OFFICER. The Sen- the modernization act addressed deriv- vided between the chairman and rank- ator from New Jersey. ative products pertaining to commod- ing member or their designees; and Mr. LAUTENBERG. Madam Presi- ities and financial products, both the that following the use of that time, the dent, I ask unanimous consent to speak Agriculture Committee and Banking Senate proceed to vote on the con- as in morning business. Committee held numerous hearings to firmation of the nominees. Finally, I The PRESIDING OFFICER. Without help Members and the public better un- ask unanimous consent that following objection, it is so ordered. derstand the role the various deriva- the votes, the President be imme- (The remarks of Mr. LAUTENBERG are tive financial instruments and con- diately notified of the Senate’s action printed in today’s RECORD under tracts played in our economy and what and the Senate then resume legislative ‘‘Morning Business.’’) regulatory landscape, if any, is appro- session. The PRESIDING OFFICER. The Sen- priate. The PRESIDING OFFICER. Is there ator from Alabama. Now, only 3 years after enactment of objection? AMENDMENT NO. 876 the modernization act, Senator FEIN- Mr. REID. Reserving the right to ob- Mr. SHELBY. Madam President, I STEIN’s amendment proposes funda- ject, in the statement I just gave, I in- rise today to encourage my colleagues mental changes to the law. I believe

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.042 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7669 this amendment could create many The President’s Working Group on nate their enforcement with respect to regulatory problems, including cre- Financial Markets, which is comprised the energy markets. The CFTC has ating jurisdictional confusion between of the Secretary of the Treasury, the subpoena power. I think, as a number the Federal Energy Regulatory Com- Chairman of the Federal Reserve of other speakers indicated, in the year mission, FERC, and the Commodity Board, the Chairman of the Securities 2000 there was a Commodity Futures Futures Trading Commission, CFTC, and Exchange Commission, and the Modernization Act that was passed imposing problematic capital require- Chairman of the CFTC, will be sending that was a good piece of legislation. A ments on facilities trading derivatives, a letter today expressing its concerns lot of work went into that. It drew and impugning the legal certainty of with this amendment and urging Con- from recommendations made by the OTC derivatives put in place in 2000. gress to carefully consider the poten- President’s working group. In par- I am concerned this body does not tial unintended consequences of the ticular, it strengthened the CFTC’s have full appreciation of these con- amendment before acting. I intend to hand in regulation in a number of sequences and potential unintended submit this letter for the RECORD when areas. consequences that will likely follow if I receive it. I anticipate this letter will I certainly do not think offering an we were to adopt the Feinstein amend- raise the same concerns that were amendment at this time on this par- ment. raised in the working group’s letter ticular bill is the appropriate way to I also believe it is premature to adopt last year. modify that legislation, the Com- this amendment because we have sim- I yield the floor. modity Futures Modernization Act, ply not had enough time to review the The PRESIDING OFFICER. The Sen- that was a product of extended negotia- results of the modernization act. We ator from New Hampshire. tions. The piece of legislation such as have not received any reports from the Mr. SUNUNU. Madam President, I being offered by the Senator from Cali- CFTC detailing shortfalls in the regu- rise to join my colleague, Senator fornia ought to go through the regular latory authority conferred by the mod- SHELBY, my committee chairman on committee process. We ought to have ernization act or recommendations re- the Banking Committee as well, in op- hearings on it and certainly we ought questing broader authority over deriva- posing the Feinstein amendment. This to have an opportunity to debate it in tives. In fact, the CFTC had brought amendment was debated at length the key area of the Banking Com- several major cases involving market about a year ago during the previous mittee and Agriculture Committee ju- manipulation since the passage of the Senate Energy bill debate. At that risdictions. modernization act. Congress should time, Senator Phil Gramm raised a Of particular interest as well is the have more than a 2-year record before number of issues, a number of concerns fact that this amendment is opposed by it decides to make rash but funda- with the legislation. He said a great a number of organizations, a number of mental changes to legislation that was many wise and commonsense things. the regulators themselves who are the product of so much deliberation a One of the perspectives that he pointed most concerned with stability and con- short time ago. out that stuck with me was noting fidence in the markets—by the Fed, by Proponents of the Feinstein amend- that, in raising concerns about fail- the SEC, and by the CFTC. Even ment argue that the collapse of Enron ures, companies that had gone bank- though this bill gives additional powers and the disruption of the California en- rupt such as Long Term Capital Man- to the CFTC, they still oppose it. It is ergy market are prime examples of the agement, or perhaps closer to home for not often in Washington you have need for greater regulation of deriva- the Senator from California, the bank- someone opposing an effort to give tives. This assertion is simply not true. ruptcy of Orange County, CA, that in- them more power and more jurisdic- Enron collapsed as a result of deceptive volved to a certain extent derivatives tion, but these very organizations are accounting practices involving special and then called for regulation—we worried every day about safety and purpose entities and poor corporate were, in effect, blaming the instrument soundness, about regulatory clarity, governance practices that permitted itself, blaming the derivative, which is about ensuring a greater degree of sta- abusive business practices. Congress a little bit like blaming a thermometer bility and solvency in the marketplace. addressed such abuses in last year’s for a warm day. That is not the right Why would they oppose this effort, to Sarbanes-Oxley Act. More importantly, approach for legislation and I think it give more regulatory power to them or Enron’s derivative business was in op- will lead us to bad conclusions in try- to their sister organizations? eration prior to enactment of the Mod- ing to structure legislation that will I believe it is in part because of their ernization Act and was one of the busi- strengthen financial markets. concern that this might have unin- ness lines that retained value for sale As the Senator from Alabama indi- tended consequences, that this, unfor- after the collapse when most others cated, at the root is our concern that tunately, might add uncertainty to the didn’t. we not pass legislation that has unin- markets, that this might stifle trans- Further, FERC, the Federal Energy tended consequences, not pass legisla- actions that so often act to reduce the Regulatory Commission, recently con- tion that is counterproductive, and risk in the marketplace. cluded a year-long review of potential rather than strengthen the markets or Particularly telling is the fact that manipulation of electric and natural increase confidence in markets, actu- an amendment is being offered to gas prices in the Western markets. Al- ally has the opposite effect. strike the coverage of various metals though FERC did find market manipu- This legislation would give a great from this provision. Obviously, some- lation, it also concluded: deal of new power to FERC, which is a one recognizes that this might not be Significant supply shortfalls and a fatally concern to me because that would be good, might not be healthy for a par- flawed market design were the root causes of power given over to the FERC not just ticular area of our economy, of the de- the California market meltdown. to regulate but really to arbitrate, to rivatives exchanges, and therefore In short, it was lack of energy sup- refer claims to different regulatory au- wants to protect them from the uncer- plies and poor State regulations that thorities. On its face, I ask whether tainty and the instability I have de- caused the disruption. I fear that the FERC has the expertise or the knowl- scribed. adoption of the Feinstein amendment edge in all of these sophisticated mar- Unintended consequences, we have to could lead to uninformed and pre- kets to make such decisions. It is, per- be so careful about exactly in an exam- mature changes to the carefully con- haps, a power best not given to FERC. ple such as this. These derivative mar- sidered provisions of the Modernization But it is also a power, in referring and kets are so complicated so the poten- Act. making these decisions as to which tial to have unintended consequences is I believe the Feinstein amendment regulatory body a particular claim or effectively magnified by our collective proposes unnecessary regulatory meas- complaint would go, that would have lack of knowledge. There are some ures and significantly undermines the the effect of creating uncertainty, un- Senators who know more than others legal certainty achieved in the Mod- certainty as to which organization had about these markets. The Senator from ernization Act. Therefore, I strongly regulatory oversight. California has spent more time than urge my colleagues to vote against the The Commodity Futures Trading others debating and discussing these Feinstein amendment. Commission and FERC already coordi- issues. But any time we venture into

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.045 S11PT1 S7670 CONGRESSIONAL RECORD — SENATE June 11, 2003 an area of such complexity we enhance cause the collapse of Enron. Managers the intent. It would only apply to fi- the risk that a piece of legislation will making bad decisions did. In some nite commodities. have unintended consequences. cases, managers engaging in fraudulent Right upfront, we are clearly saying I certainly do not fault the inten- behavior did. Certainly the Commodity that this title shall not apply to finan- tions or question the intentions or the Futures Trading Commission has the cial derivatives trading. motives in offering the legislation. We power to go after cases where fraud or The other change to this amendment share the goals of ensuring that we price manipulation are concerned. simply takes Senator REID’s amend- have good regulatory agencies with ap- They are completely empowered to do ment to exclude metals and adds this propriate enforcement powers, but we just that. to this bill. also should be careful that we not dis- I encourage my colleagues to vote If I may, I send that amendment, as turb a market which I believe func- against the amendment, and I yield the a modified, to the desk at this time. tions extremely efficiently. As complex floor. The PRESIDING OFFICER. The Sen- as it is, and as large as it is—I have The PRESIDING OFFICER. The Sen- ator has that right. The amendment is seen estimates of the size of the global ator from California is recognized. so modified. derivatives market as high as $75 tril- Mrs. FEINSTEIN. Madam President, Mrs. FEINSTEIN. I thank the Chair. lion—as large as that market is, it I would like to use this time to respond The amendment (No. 876), as modi- works very effectively. to some of the comments that have fied, is as follows: These are not products that are sold been made. At the end, add the following: on any exchanges and there is a reason It is really a misconception to think TITLEll—ENERGY MARKET OVERSIGHT for that. The principal reason is that this is an amendment against deriva- SEC. ll01. NO EFFECT ON FINANCIAL DERIVA- they are unique. They are unique to tives. This isn’t an amendment against TIVES. the organizations that seek them out. This title shall not apply to financial de- derivatives. I have never said deriva- rivatives trading. The vast majority of these organiza- tives caused the western energy crisis. tions seek out a particular swap or de- SEC. ll02. JURISDICTION OF THE FEDERAL EN- What I said was that there is a loop- ERGY REGULATORY COMMISSION rivative transaction in order to reduce hole in the law: Where all other finite OVER ENERGY TRADING MARKETS. the risk they are exposed to at any commodities, except for energy and Section 402 of the Department of Energy given day. That is why these instru- metals, have certain regulations with Organization Act (42 U.S.C. 7172) is amended ments were developed and exist in such respect to transparency, these par- by adding at the end the following: ‘‘(i) JURISDICTION.— great numbers in the first place. Com- ticular finite commodities do not; and panies, institutions, financial service ‘‘(1) REFERRAL.— that certain traders use this loophole ‘‘(A) IN GENERAL.—To the extent that the companies, banks—they seek out these to practice, if you will, a kind of fraud Commission determines that any contract derivatives to reduce their exposure to in their trading. The fraud was to arti- involving energy delivery that comes before risk. When they are able to do that, ficially find ways to boost their prod- the Commission is not under the jurisdiction they ensure greater stability, they en- ucts. I wish to respond to that. of the Commission, the Commission shall sure greater certainty for their inves- Let’s go into one of the ways they refer the contract to the appropriate Federal tors, and it has the effect of, obviously, proceeded to do this—through what is agency. making our markets stronger. And ‘‘(B) NO EFFECT ON AUTHORITY.—The au- called a round trip or a wash trade. thority of the Commission or any Federal helping our economy to grow. Yesterday on the floor, Senator FITZ- We have exercised great caution be- agency shall not be limited or otherwise af- GERALD and I, as well, very clearly fore stepping forward and trying to fected based on whether the Commission has pointed out what a wash trade is: I sell or has not referred a contract described in substitute some kind of new regulatory you a finite commodity, and you sell subparagraph (A). regime when a market is functioning that same commodity back to me. On ‘‘(2) MEETINGS.—A designee of the Commis- this effectively and arguably enforcing our balance sheets, we both carry a sion shall meet quarterly with a designee of its own level of discipline in the way sale. Yet nothing ever changes hands. the Commodity Futures Trading Commis- that it functions. What kind of dis- sion, the Securities Exchange Commission, What we are saying is that this should cipline is that? If I am going to engage the Federal Trade Commission, the Depart- be an illegal practice. What we are say- in an interest rate swap, or some other ment of Justice, the Department of the ing is that, at the very least, it ought derivative transaction with a financial Treasury, and the Federal Reserve Board to to have transparency to it. We ought to discuss— institution, rest assured that I as an ‘‘(A) conditions and events in energy trad- investor or as a counter-party to that be required to keep a record, to have an audit trail, and to have anti-fraud and ing markets; and transaction am going to want to know ‘‘(B) any changes in Federal law (including a great deal about the solvency, the ex- anti-manipulation oversight of these practices by the Commodity Futures regulations) that may be appropriate to reg- posure to other risks, exposure to in- ulate energy trading markets. Trading Commission. terest rate changes, and exposure to ‘‘(3) LIAISON.—The Commission shall, in co- What we more fundamentally say is different portions of our economy with operation with the Commodity Futures which that institution I am engaging that a great deal of this was done in Trading Commission, maintain a liaison be- with in a transaction is dealing. the western energy crisis through elec- tween the Commission and the Commodity There is a level of inspection and a tronic trading. Futures Trading Commission.’’. level of due diligence that takes place Madam President, I understand I SEC. ll02. INVESTIGATIONS BY THE FEDERAL ENERGY REGULATORY COMMISSION in this marketplace every single day, have the right to modify the amendment. Is that not correct? UNDER THE NATURAL GAS ACT AND which I might argue is more detailed FEDERAL POWER ACT. The PRESIDING OFFICER. That is and more thorough and more con- (a) INVESTIGATIONS UNDER THE NATURAL sistent than any government regu- correct. GAS ACT.—Section 14(c) of the Natural Gas latory agency could ever provide. AMENDMENT NO. 876, AS MODIFIED Act (15 U.S.C. 717m(c)) is amended— I believe we should oppose this Mrs. FEINSTEIN. Madam President, (1) by striking ‘‘(c) For the purpose of’’ and amendment because it hasn’t gone I would like to send a modified amend- inserting the following: ment to the desk. That modified ‘‘(c) TAKING OF EVIDENCE.— through the regular order because it ‘‘(1) IN GENERAL.—For the purpose of’’; attempts to impose a level of regula- amendment contains an additional co- (2) by striking ‘‘Such attendance’’ and in- tion that might well be counter- sponsor, Senator KENNEDY. The modi- serting the following: productive, that might increase the fied amendment makes two changes to ‘‘(2) NO GEOGRAPHIC LIMITATION.—The at- level of uncertainty in certain areas the amendment which I submitted be- tendance’’; where jurisdiction is concerned, and fore. The first change is to be abso- (3) by striking ‘‘Witnesses summoned’’ and that springs from a concern that some- lutely crystal clear that this does not inserting the following: how the derivatives themselves—the affect financial derivatives. I said that ‘‘(3) EXPENSES.—Any witness summoned’’; in my comments yesterday. I say it and instruments themselves—are to blame (4) by adding at the end the following: rather than managers who have made again today. To make it crystal clear, ‘‘(4) AUTHORITIES.—The exercise of the au- some very bad decisions. because some are concerned, and say, thorities of the Commission under this sub- Derivatives didn’t cause the energy ‘‘Oh, well, this will upset the financial section shall not be subject to the consent of crisis in California. Derivatives didn’t derivatives marketplace,’’ this is not the Office of Management and Budget.’’.

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(b) INVESTIGATIONS UNDER THE FEDERAL ‘‘(B) executed or traded on a covered enti- under paragraph (3), which notice shall in- POWER ACT.—Section 307(b) of the Federal ty. clude— Power Act (16 U.S.C. 825f(b)) is amended— ‘‘(4) REGULATORY AND OVERSIGHT REQUIRE- ‘‘(i) the name and address of the covered (1) by striking ‘‘(b) For the purpose of’’ and MENTS.— entity and a person designated to receive inserting the following: ‘‘(A) IN GENERAL.—An agreement, contract, communications from the Commission; ‘‘(b) TAKING OF EVIDENCE.— or transaction described in paragraph (2) or ‘‘(ii) the commodity categories that the ‘‘(1) IN GENERAL.—For the purpose of’’; (3) (and the covered entity on which the covered entity intends to list or otherwise (2) by striking ‘‘Such attendance’’ and in- agreement, contract, or transaction is exe- make available for trading on the covered serting the following: cuted) shall be subject to— entity in reliance on the exemption under ‘‘(i) sections 5b, 12(e)(2)(B), and 22(a)(4); ‘‘(2) NO GEOGRAPHIC LIMITATION.—The at- paragraph (3); ‘‘(ii) the provisions relating to manipula- tendance’’; ‘‘(iii) certifications that— (3) by striking ‘‘Witnesses summoned’’ and tion and misleading transactions under sec- ‘‘(I) no executive officer or member of the inserting the following: tions 4b, 4c(a), 4c(b), 4o, 6(c), 6(d), 6c, 6d, 8a, governing board of, or any holder of a 10 per- ‘‘(3) EXPENSES.—Any witness summoned’’; and 9(a)(2); and cent or greater equity interest in, the cov- and ‘‘(iii) the provisions relating to fraud and ered entity is a person described in any of (4) by adding at the end the following: misleading transactions under sections 4b, subparagraphs (A) through (H) of section ‘‘(4) AUTHORITIES.—The exercise of the au- 4c(a), 4c(b), 4o, and 8a. thorities of the Commission under this sub- ‘‘(B) TRANSACTIONS EXEMPTED BY COMMIS- 8a(2); section shall not be subject to the consent of SION ACTION.—Notwithstanding any exemp- ‘‘(II) the covered entity will comply with the Office of Management and Budget.’’. tion by the Commission under section 4(c), the conditions for exemption under this subsection; and SEC. ll04. CONSULTING SERVICES. an agreement, contract, or transaction de- ‘‘(III) the covered entity will notify the Title IV of the Department of Energy Or- scribed in paragraph (2) or (3) shall be sub- ganization Act (42 U.S.C. 7171 et seq.) is ject to the authorities in clauses (i), (ii), and Commission of any material change in the amended by adding at the end the following: (iii) of subparagraph (A). information previously provided by the cov- ‘‘(5) COVERED ENTITIES.—An agreement, ered entity to the Commission under this ‘‘SEC. 408. CONSULTING SERVICES. contract, or transaction described in para- paragraph; and ‘‘(a) IN GENERAL.—The Chairman may con- graph (3) and the covered entity on which ‘‘(iv) the identity of any derivatives clear- tract for the services of consultants to assist the agreement, contract, or transaction is ing organization to which the covered entity the Commission in carrying out any respon- executed, shall be subject to (to the extent transmits or intends to transmit transaction sibilities of the Commission under this Act, the Commission determines appropriate)— data for the purpose of facilitating the clear- the Federal Power Act (16 U.S.C. 791a et ‘‘(A) section 5a, to the extent provided in seq.), or the Natural Gas Act (15 U.S.C. 717 et ance and settlement of transactions con- section 5a(g)) and 5d; ducted on the covered entity subject to the seq.). ‘‘(B) consistent with section 4i, a require- ‘‘(b) APPLICABLE LAW.—In contracting for exemption under paragraph (3); ment that books and records relating to the ‘‘(B)(i) provide the Commission with access consultant services under subsection (a), if business of the covered entity on which the the Chairman determines that the contract to the trading protocols of the covered enti- agreement, contract, or transaction is exe- ty and electronic access to the covered enti- is in the public interest, the Chairman, in cuted be made available to representatives of ty with respect to transactions conducted in entering into a contract, shall not be subject the Commission and the Department of Jus- reliance on the exemption under paragraph to— tice for inspection for a period of at least 5 (3); and ‘‘(1) section 5, 253, 253a, or 253b of title 41, years after the date of each transaction, in- United States Code; or cluding— ‘‘(ii) on special call by the Commission, ‘‘(2) any law (including a regulation) relat- ‘‘(i) information relating to data entry and provide to the Commission, in a form and ing to conflicts of interest.’’. transaction details sufficient to enable the manner and within the period specified in SEC. ll04. LEGAL CERTAINTY FOR TRANS- Commission to reconstruct trading activity the special call, such information relating to ACTIONS IN EXEMPT COMMODITIES. on the covered entity; and the business of the covered entity as a cov- Section 2 of the Commodity Exchange Act ‘‘(ii) the name and address of each partici- ered entity exempt under paragraph (3), in- (7 U.S.C. 2) is amended by striking sub- pant on the covered entity authorized to cluding information relating to data entry sections (g) and (h) and inserting the fol- enter into transactions; and and transaction details with respect to lowing: ‘‘(C) in the case of a transaction or covered transactions entered into in reliance on the ‘‘(g) OFF-EXCHANGE TRANSACTIONS IN EX- entity performing a significant price dis- exemption under paragraph (3), as the Com- EMPT COMMODITIES.— covery function for transactions in the cash mission may determine appropriate— ‘‘(1) DEFINITIONS.—In this subsection: market for the underlying commodity, sub- ‘‘(I) to enforce the provisions specified in ‘‘(A) COVERED ENTITY.—The term ‘covered ject to paragraph (6), the requirements (to paragraph (4); entity’ means— the extent the Commission determines ap- ‘‘(II) to evaluate a systemic market event; ‘‘(i) an electronic trading facility; and propriate by regulation) that— or ‘‘(ii) a dealer market. ‘‘(i) information on trading volume, settle- ‘‘(III) to obtain information requested by a ‘‘(B) DEALER MARKET.— ment price, open interest, and opening and Federal financial regulatory authority to en- ‘‘(i) IN GENERAL.—The term ‘dealer market’ closing ranges be made available to the pub- able the authority to fulfill the regulatory or has the meaning given the term by the Com- lic on a daily basis; supervisory responsibilities of the authority; mission. ‘‘(ii) notice be provided to the Commission ‘‘(C)(i) on receipt of any subpoena issued by ‘‘(ii) INCLUSIONS.—The term ‘dealer marin such form as the Commission may require; or on behalf of the Commission to any for- ket’ includes each bilateral or multilateral ‘‘(iii) reports be filed with the Commission eign person that the Commission believes is agreement, contract, or transaction deter- (such as large trader position reports); and conducting or has conducted transactions in mined by the Commission, regardless of the ‘‘(iv) consistent with section 4i, books and reliance on the exemption under paragraph means of execution of the agreement, con- records be maintained relating to each trans- (3) on or through the covered entity relating tract, or transaction. action in such form as the Commission may to the transactions, promptly notify the for- ‘‘(2) EXEMPTION FOR TRANSACTIONS NOT ON require for a period of at least 5 years after eign person of, and transmit to the foreign TRADING FACILITIES.—Except as provided in the date of the transaction. person, the subpoena in a manner that is rea- paragraph (4), nothing in this Act shall apply ‘‘(6) PROPRIETARY INFORMATION.—In car- sonable under the circumstances, or as speci- to an agreement, contract, or transaction in rying out paragraph (5)(C), the Commission an exempt commodity that— shall not— fied by the Commission; and ‘‘(A) is entered into solely between persons ‘‘(A) require the real-time publication of ‘‘(ii) if the Commission has reason to be- that are eligible contract participants at the proprietary information; lieve that a person has not timely complied time the persons enter into the agreement, ‘‘(B) prohibit the commercial sale or li- with a subpoena issued by or on behalf of the contract, or transaction; and censing of real-time proprietary informa- Commission under clause (i), and the Com- ‘‘(B) is not entered into on a trading facil- tion; and mission in writing directs that a covered en- ity. ‘‘(C) publicly disclose information regard- tity relying on the exemption under para- ‘‘(3) EXEMPTION FOR TRANSACTIONS ON COV- ing market positions, business transactions, graph (3) deny or limit further transactions ERED ENTITIES.—Except as provided in para- trade secrets, or names of customers, except by the person, deny that person further trad- graphs (4), (5), and (7), nothing in this Act as provided in section 8. ing access to the covered entity or, as appli- shall apply to an agreement, contract, or ‘‘(7) NOTIFICATION, DISCLOSURES, AND OTHER cable, limit that access of the person to the transaction in an exempt commodity that REQUIREMENTS FOR COVERED ENTITIES.—A covered entity for liquidation trading only; is— covered entity subject to the exemption ‘‘(D) comply with the requirements of this ‘‘(A) entered into on a principal-to-prin- under paragraph (3) shall (to the extent the subsection applicable to the covered entity cipal basis solely between persons that are Commission determines appropriate)— and require that each participant, as a condi- eligible contract participants at the time at ‘‘(A) notify the Commission of the intention of trading on the covered entity in reli- which the persons enter into the agreement, tion of the covered entity to operate as a ance on the exemption under paragraph (3), contract, or transaction; and covered entity subject to the exemption agree to comply with all applicable law;

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.023 S11PT1 S7672 CONGRESSIONAL RECORD — SENATE June 11, 2003 ‘‘(E) certify to the Commission that the ‘‘(B) shall be subject to this subsection and price of any commodity, a civil penalty of covered entity has a reasonable basis for be- subsection (h) (as those subsections existed not more than the greater of $1,000,000 or tri- lieving that participants authorized to con- on the day before the date of enactment of ple the monetary gain to such person for duct transactions on the covered entity in the Energy Policy Act of 2003). each such violation,’’. reliance on the exemption under paragraph ‘‘(11) NO EFFECT ON OTHER AUTHORITY.—This (b) MANIPULATIONS AND OTHER VIOLA- (3) are eligible contract participants; subsection shall not affect the authority of TIONS.—Section 6(d) of the Commodity Ex- ‘‘(F) maintain sufficient capital, commen- the Federal Energy Regulatory Commission change Act (7 U.S.C. 13b) is amended in the surate with the risk associated with trans- under the Federal Power Act (16 U.S.C. 791a first sentence— actions; and et seq.) or the Natural Gas Act (15 U.S.C 717 (1) by striking ‘‘paragraph (a) or (b) of sec- ‘‘(G) not represent to any person that the et seq.).’’. tion 9 of this Act’’ and inserting ‘‘subsection covered entity is registered with, or des- SEC. ll06. PROHIBITION OF FRAUDULENT (a), (b), or (f) of section 9’’; and ignated, recognized, licensed, or approved by TRANSACTIONS. (2) by striking ‘‘said paragraph 9(a) or 9(b)’’ the Commission. Section 4b of the Commodity Exchange Act and inserting ‘‘subsection (a), (b), or (f) of ‘‘(8) HEARING.—A person named in a sub- (7 U.S.C. 6b) is amended by striking subsection 9’’. poena referred to in paragraph (7)(C) that be- section (a) and inserting the following: (c) NONENFORCEMENT OF RULES OF GOVERN- lieves the person is or may be adversely af- ‘‘(a) PROHIBITION.—It shall be unlawful for MENT OR OTHER VIOLATIONS.—Section 6b of fected or aggrieved by action taken by the any person, directly or indirectly, in or in the Commodity Exchange Act (7 U.S.C. 13a) Commission under this subsection, shall connection with any account, or any offer to is amended— have the opportunity for a prompt hearing enter into, the entry into, or the confirma- (1) in the first sentence— after the Commission acts under procedures tion of the execution of, any agreement, con- (A) by inserting ‘‘section 2(g)(9),’’ after that the Commission shall establish by rule, tract, or transaction subject to this Act— ‘‘sections 5 through 5c,’’; and regulation, or order. ‘‘(1) to cheat or defraud or attempt to (B) by inserting before the period at the ‘‘(9) PRIVATE REGULATORY ORGANIZATIONS.— cheat or defraud any person (but this para- end the following: ‘‘, or, in any case of ma- ‘‘(A) DELEGATION OF FUNCTIONS UNDER CORE graph does not impose on parties to trans- nipulation of, or an attempt to manipulate, PRINCIPLES.—A covered entity may comply actions executed on or subject to the rules of the price of any commodity, a civil penalty with any core principle under subparagraph designated contract markets or registered of not more than $1,000,000 for each such vio- (B) that is applicable to the covered entity derivative transaction execution facilities a lation’’; and through delegation of any relevant function legal duty to provide counterparties or any (2) in the second sentence, by inserting be- to— other market participants with any material fore the period at the end the following: ‘‘, ‘‘(i) a registered futures association under market information); except that if the failure or refusal to obey section 17; or ‘‘(2) willfully to make or cause to be made or comply with the order involved any of- ‘‘(ii) another registered entity. to any person any false report or statement, fense under section 9(f), the registered enti- ‘‘(B) CORE PRINCIPLES.—The Commission or willfully to enter or cause to be entered ty, director, officer, agent, or employee shall may establish core principles requiring a for any person any false record (but this be guilty of a felony and, on conviction, shall covered entity to monitor trading to— paragraph does not impose on parties to be subject to penalties under section 9(f)’’. ‘‘(i) prevent fraud and manipulation; transactions executed on or subject to the (d) ACTION TO ENJOIN OR RESTRAIN VIOLA- ‘‘(ii) prevent price distortion and disrup- rules of designated contract markets or reg- tions of the delivery or cash settlement proc- TIONS.—Section 6c(d) of the Commodity Ex- istered derivative transaction execution fa- change Act (7 U.S.C. 13a–1(d)) is amended by ess; cilities a legal duty to provide ‘‘(iii) ensure that the covered entity has striking ‘‘(d)’’ and all that follows through counterparties or any other market partici- adequate financial, operational, and manage- the end of paragraph (1) and inserting the pants with any material market informa- rial resources to discharge the responsibil- following: tion); ities of the covered entity; and ‘‘(d) CIVIL PENALTIES.—In any action ‘‘(3) willfully to deceive or attempt to de- ‘‘(iv) ensure that all reporting, record- brought under this section, the Commission ceive any person by any means whatsoever keeping, notice, and registration require- may seek and the court shall have jurisdic- (but this paragraph does not impose on par- ments under this subsection are discharged tion to impose, on a proper showing, on any ties to transactions executed on or subject to in a timely manner. person found in the action to have com- the rules of designated contract markets or ‘‘(C) RESPONSIBILITY.—A covered entity mitted any violation— registered derivative transaction execution that delegates a function under subpara- ‘‘(1) a civil penalty in the amount of not graph (A) shall remain responsible for car- facilities a legal duty to provide more than the greater of $100,000 or triple the rying out the function. counterparties or any other market partici- monetary gain to the person for each viola- pants with any material market informa- ‘‘(D) NONCOMPLIANCE.—If a covered entity tion; or that delegates a function under subpara- tion); or ‘‘(2) in any case of manipulation of, or an graph (A) becomes aware that a delegated ‘‘(4) except as permitted in written rules of attempt to manipulate, the price of any com- function is not being performed as required a board of trade designated as a contract modity, a civil penalty in the amount of not under this Act, the covered entity shall market or derivatives transaction execution more than the greater of $1,000,000 or triple promptly take action to address the non- facility on which the agreement, contract, or the monetary gain to the person for each compliance. transaction is traded and executed— violation.’’. ‘‘(E) VIOLATION OF CORE PRINCIPLES.— ‘‘(A) to bucket an order; (e) VIOLATIONS GENERALLY.—Section 9 of ‘‘(i) IN GENERAL.—If the Commission deter- ‘‘(B) to fill an order by offset against 1 or the Commodity Exchange Act (7 U.S.C. 13) is mines, on the basis of substantial evidence, more orders of another person; or amended— that a covered entity is violating any appli- ‘‘(C) willfully and knowingly, for or on be- (1) by redesignating subsection (f) as sub- cable core principle specified in subpara- half of any other person and without the section (e); and graph (B), the Commission shall— prior consent of the person, to become— (2) by adding at the end the following: ‘‘(I) notify the covered entity in writing of ‘‘(i) the buyer with respect to any selling ‘‘(f) PRICE MANIPULATION.—It shall be a fel- the determination; and order of the person; or ony punishable by a fine of not more than ‘‘(II) afford the covered entity an oppor- ‘‘(ii) the seller with respect to any buying $1,000,000 for each violation or imprisonment tunity to make appropriate changes to bring order of the person.’’. for not more than 10 years, or both, together the covered entity into compliance with the SEC. ll07. FERC LIAISON. with the costs of prosecution, for any per- core principles. Section 2(a)(9) of the Commodity Exchange son— ‘‘(ii) FAILURE TO MAKE CHANGES.—If, not Act (7 U.S.C. 2(a)(9)) is amended by adding at ‘‘(1) to manipulate or attempt to manipu- later than 30 days after receiving a notifica- the end the following: late the price of any commodity in inter- tion under clause (i)(I), a covered entity fails ‘‘(C) LIAISON WITH FEDERAL ENERGY REGU- state commerce, or for future delivery on or to make changes that, as determined by the LATORY COMMISSION.—The Commission shall, subject to the rules of any registered entity; Commission, are necessary to comply with in cooperation with the Federal Energy Reg- ‘‘(2) to corner or attempt to corner any the core principles, the Commission may ulatory Commission, maintain a liaison be- such commodity; take further action in accordance with this tween the Commission and the Federal En- ‘‘(3) knowingly to deliver or cause to be de- Act. ergy Regulatory Commission.’’. livered (for transmission through the mails ‘‘(F) RESERVATION OF EMERGENCY AUTHOR- SEC. ll08. CRIMINAL AND CIVIL PENALTIES. or interstate commerce by telegraph, tele- ITY.—Nothing in this paragraph limits or af- (a) ENFORCEMENT POWERS OF COMMISSION.— phone, wireless, or other means of commu- fects the emergency powers of the Commis- Section 6(c) of the Commodity Exchange Act nication) false or misleading or knowingly sion provided under section 8a(9). (7 U.S.C. 9, 15) is amended in paragraph (3) of inaccurate reports concerning market infor- ‘‘(10) METALS.—Notwithstanding any other the tenth sentence— mation or conditions that affect or tend to provision of this subsection, an agreement, (1) by inserting ‘‘(A)’’ after ‘‘assess such affect the price of any commodity in inter- contract, or transaction in metals— person’’; and state commerce; or ‘‘(A) shall not be subject to this subsection (2) by inserting after ‘‘each such violation’’ ‘‘(4) knowingly to violate section 4 or 4b, (as amended by section ll05 of the Energy the following: ‘‘, or (B) in any case of manip- any of subsections (a) through (e) of sub- Policy Act of 2003); and ulation of, or attempt to manipulate, the section 4c, or section 4h, 4o(1), or 19.’’.

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.023 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7673 SEC. ll09. CONFORMING AMENDMENTS. I heard people say that this will stifle kets and the Commodity Exchange (a) Section 2 of the Commodity Exchange the market. I will tell you what has Act, Report of The President’s Working Act (7 U.S.C. 2) is amended— been happening out there. Without Group on Financial Markets’’ dated (1) in subsection (d)(1), by striking ‘‘section transparency and without record keep- November 1999. And the Senate version 5b’’ and inserting ‘‘section 5a(g), 5b,’’; (2) in subsection (e)— ing stifles the market. of the Commodity Futures Moderniza- (A) in paragraph (1), by striking ‘‘, 2(g), or When Mr. Fortney was arrested last tion Act actually did just what this 2(h)(3)’’; and week for creating schemes such as Ric- working group stated. (B) in paragraph (3), by striking ‘‘2(h)(5)’’ ochet, Death Star, and Get Shorty, you Again, to refute the allegation that I and inserting ‘‘2(g)(7)’’; don’t think that stifles the market am in some way blaming derivatives (3) by redesignating subsection (i) as sub- when you have other traders pleading for the western energy crisis—I am section (h); and guilty to fraud and wire fraud? not—I am blaming this loophole which (4) in subsection (h) (as redesignated by Does that not stifle the market? And allows all this secret trading, which we subparagraph (C))— (A) in paragraph (1)— does that not give the average con- have seen result in fraudulent schemes, (i) by striking ‘‘No provision’’ and insert- sumer the belief that they cannot trust to try to close that loophole. And the ing ‘‘IN GENERAL.—Subject to subsection (g), this marketplace as being fair and way to close it is to bring the light of no provision’’; and transparent? I believe it does. More day to it. That is what we are trying to (ii) in subparagraph (A)— fundamentally, I believe the rules that do. (I) by striking ‘‘section 2(c), 2(d), 2(e), 2(f), govern the marketplace should be rules I pointed out yesterday, because or 2(g) of this Act’’ and inserting ‘‘subsection to protect the average consumer, not some people said, well, we need to (c), (d), (e), or (f)’’; and the big boys; they can take care of study this more, that it has been stud- (II) by striking ‘‘section 2(h)’’ and inserting ‘‘subsection (g)’’; and themselves. But the average consumer ied more and that the ‘‘Final Report (B) in paragraph (2), by striking ‘‘No provi- has to have confidence in the market- On Price Manipulation In Western Mar- sion’’ and inserting ‘‘IN GENERAL.—Subject to place that it is fair and that it is trans- kets, Fact-Finding Investigation Of Po- subsection (g), no provision’’. parent. tential Manipulation Of Electric And (b) Section 4i of the Commodity Exchange I would like to correct the idea that Natural Gas Prices,’’ which was pre- Act (7 U.S.C. 6i) is amended in the first sen- this amendment has not gone through pared by the staff of the Federal En- tence by inserting ‘‘, or pursuant to an ex- regular order. I moved this amendment ergy Regulatory Commission, and emption under section 4(c)’’ after ‘‘trans- last year to the Energy bill. Senator dated March 2003, says the following as action execution facility’’. (c) Section 8a(9) of the Commodity Ex- Gramm of Texas, who, incidentally, one of their recommendations: change Act (7 U.S.C. 12a(9)) is amended— subsequently went to work for Recommend that Congress consider giving (1) by inserting ‘‘or covered entity under EnronOnline in its new life with UBS direct authority to a Federal agency to en- section 2(g)’’ after ‘‘direct the contract mar- Warburg—which is fine—argued sure that electronic trading platforms for ket’’; against my amendment. We tried to wholesale sales of electric energy and nat- (2) by striking ‘‘on any futures contract’’; settle our differences. It took quite ural gas in interstate commerce are monitored— and some time. We could not settle our dif- (3) by inserting ‘‘or covered entity under ferences on this amendment, and we That is what we do— section 2(g)’’ after ‘‘given by a contract mar- and provide market information that is nec- ket’’. did have a vote. Another reason for the vote is there essary for price discovery in competitive en- Mrs. FEINSTEIN. Madam President, ergy markets. were people who believed this had not once again, what we are seeking to do had enough committee hearing. So we That is exactly what this does, as is close a loophole that was created in had a vote, and I think we got 48 votes. recommended by this report of the Fed- 2000 when this Congress passed the The amendment went to the Agri- eral Energy Regulatory Commission. Commodity Futures Modernization culture Committee. The Agriculture With the modification I made, metals Act. That act exempted just energy Committee held hearings. The staff of will have the same level of oversight as and metals. It was not the intention both sides reviewed the legislation. exists under current law today. actually to do that. The Senate part of Now, let me go back again to 2000. I Senator HARKIN, who was chairman, that bill did not exempt them. What mentioned the change that was made and Senator LUGAR, who was ranking happened was Enron went to the House member, are both cosponsors of this to accommodate Enron lobbying to the and Enron secured an exemption of en- amendment. Commodity Futures Modernization ergy and metals in the House. That ex- The problem is, the end of the session Act. It also did not take long for emption was handled in the conference, came without a markup, so this is real- EnronOnline and others in the energy and the Senate language was not in the ly the opportunity we have to place sector to take advantage of this new bill. this amendment into some form of law, freedom by trading energy derivatives The exemption was effectively cre- and so we take this opportunity. absent any transparency or regulatory ated. The loophole was created. We are I also wish to say that the Presi- oversight. Thus, after the 2000 legisla- just trying to eliminate that loophole. dent’s working group in 1999, in their tion—and really right away— We are not attacking derivatives. All report—this was before the Commodity EnronOnline began to trade energy de- we are saying is: If you do this kind of Futures Modernization Act of 2000— rivatives bilaterally without being sub- trading, you must keep a record just as very specifically said, on page 2 of their ject to proper regulatory oversight. anybody else does. You must be trans- report, that: It should not surprise anyone that parent. You must have an audit trail, without this transparency, prices and you are subject to any fraud or ma- An exclusion from the CEA [Commodities soared. In 2000, if Enron’s derivatives Exchange Act] for electronic trading systems nipulation oversight by the Commodity for derivatives, provided that the systems business had been a stand-alone com- Futures Trading Commission. limit participation to sophisticated pany, it would have been the 256th This is where it gets a little com- counterparties trading for their own ac- largest company in America. That plicated. If I sell energy to you and you counts and are not used to trade contracts year, Enron claimed it made more deliver, then that is covered by the that involve non-financial commodities with money from its derivatives business— Federal Energy Regulatory Commis- finite supplies. . . . $7.23 billion—than Tyson Foods made sion. If I sell energy to you and you sell In other words, they are saying that from selling chicken. That is according it to a third person or entity that sells commodities with finite supplies to author Robert Bryce, who wrote a it to a fourth entity that sells it to a should be included in the bill, but they book on Enron called ‘‘Pipe Dreams.’’ fifth entity and then it goes into the are recommending that those that do EnronOnline rapidly became the big- field, those interim trades are not cov- not have finite supplies, such as finan- gest platform for electronic energy ered. cials derivatives, not be included in the trading. But unlike regulated ex- That is what we seek to cover be- bill. Now, apparently, they are chang- changes, such as the New York Mer- cause that is where the games exist. It ing their position. But I want to make cantile Exchange, the Chicago Mer- is a rather subtle point, but it is also very clear that was the position of the cantile Exchange, the Chicago Board of an important point. ‘‘Over-the-Counter Derivatives Mar- Trade, EnronOnline was not registered

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.023 S11PT1 S7674 CONGRESSIONAL RECORD — SENATE June 11, 2003 with the CFTC, the Commodity Fu- This is another facet of artificially lion in a very short period of time, that tures Trading Commission, so it set its filing false reports: reporting fictitious you have to begin to look. I understand own standards. And that is the prob- natural gas transactions to an industry now that these arrests are occurring lem. Traders and others in the energy publication. You can read it for your- and the manipulations of Ricochet and sector came to rely on EnronOnline for self. The overwhelming figure in this Death Star and Get Shorty and wash pricing information. Yet the company’s is, if you look at what was done with trades are all becoming well known. I control over this information, and its energy and you look at California, understand. The point is it is wrong. ability to manipulate it, was large. where one year the total cost of energy The point is, you cannot prove it is As this same author, Robert Bryce, was $7 billion and the next year it was wrong if there are no records of those describes—and let me quote— $28 billion, which is a 400 percent in- trades. Enron didn’t just own the casino. On any crease, there is no way that could be So what we are saying is these trades given deal, Enron could be the house, the legitimate. There is no way the energy can go on, but you keep records. We dealer, the oddsmaker, and the guy across need of a State could increase 400 per- give the CFTC the responsibility to set the table you’re trying to beat in diesel fuel cent in 1 year. Demand didn’t increase net capital requirements commensu- futures, gas futures, or the California elec- 400 percent. rate with risk. That is good oversight tricity market. So without this type of legislation, for the public and that is good over- The Electric Power Supply Associa- there really is insufficient authority to sight for anybody who is going to in- tion, EPSA, has sent a letter to all investigate and prevent fraud and price vest, because when net capital is not Senators asking them to oppose our manipulations since parties making available and the house begins to col- oversight amendment. This should not the trade are not required to keep a lapse, as it did with Enron, the com- be strange to anybody because its record. What we would require them to pany goes bankrupt. members are exactly the same compa- do is keep a record. Therefore, the I think I have made my case. We nies that are being investigated and Commodity Futures Trading Commis- have gone over this. I sent this legisla- have been investigated by FERC for sion, in the event of many of these in- tion to the head of Goldman Sachs. wrongdoing in the western energy cri- terim trades, and the FERC, where en- They run an electronic exchange. I sis. It is AES Corporation; it is BP En- ergy is directly delivered as a product said, please, if you have problems with ergy; it is Duke Energy; it is Mirant of a trade, has the ability to do the in- it, let me know. I did not hear. We have Energy; it is Reliant Energy; it is UBS vestigation based on records. If you vetted it and talked over the past year Warburg, which purchased Enron’s don’t keep records, it is very hard to and a half, 2 years, with virtually any- trading unit; and it is Williams Energy. prove that. one who wanted to come in and talk Now, with others, they are all members I would like to repeat that this with us about it. of EPSA, not companies that West- amendment does not ban trades. This Mr. President, I am absolutely deter- erners trust very much these days in amendment does not affect financial mined and I am going to come back light of what we have been through. derivatives. This amendment would and back and back until this loophole Now, I want to just document some only require oversight and trans- is closed. Nobody can tell me I am not of this. parency for those energy trades that sophisticated enough to know that sun- Let me quickly run through these are now taking place within this loop- shine and records and transparency are again because, again, a lot of these hole, and it would provide oversight, as critical to the effective functioning of round-trip trades were done on the recommended in the FERC report. a free marketplace, because I believe Internet. We are very proud to have the sup- that just as much as I believe in the Other schemes were carried out on port of the National Rural Electric Co- Pledge of Allegiance—and I do believe the Internet. Let’s just go through operative Association, the Derivative in the Pledge of Allegiance. When you this. Duke Energy disclosed that $1.1 Study Center, the American Public Gas allow hiding and you allow these trades billion worth of trades were round trip Association, American Public Power to take place surreptitiously, that is since 1999. Roughly two-thirds of these Association, California Municipal Util- when there are problems. were done on the Intercontinental Ex- ities Association, Southern California I am afraid I have said this over and change, which is an online trading Public Power Authority, Transmission over again, but we went through it and platform owned by the banks, again, Excess Policy Study Group, U.S. Public we saw it. We read the 3,000 pages Cali- where there is no transparency, no net Interest Research Group, Consumers fornia has sent to the FERC. This is capital requirements, and no record- Union, Consumers Federation of Amer- another intrigue. Can you imagine that keeping whatsoever. Now, this also ica, Calpine, Southern California Edi- no State has the right today to present meant that thousands of subscribers son, Pacific Gas and Electric, and evidence to the FERC of fraud or ma- would have seen false price signals. FERC Chairman Patrick Wood. nipulation? Why would they see false price sig- Again, this amendment is not going California had to go to the Supreme nals? That is because of the nature of a to do anything to change what hap- Court to get that right, and then when wash or round-trip trade. Again, a wash pened in California and the West. But we got that right, we were told it had or round-trip trade would be that I am it does provide the necessary authority to be in in 100 days. California sub- going to sell you energy at a certain for the CFTC and the FERC to help mitted 3,000 pages within the 100 days, price and you are going to sell me en- protect against another energy crisis. and it is loaded with examples of fraud ergy at a certain price, but no energy I might say I am very suspicious of and manipulation. ever changes hands; yet we both post people who want to do trading in the We know there is fraud, we know sales. That is what a wash trade or a dark. I am very suspicious when they there is manipulation, and we know round-trip trade is. say, oh, we are so sophisticated you that was present in the western energy A class action suit accused the El cannot possibly know how this is done crisis, and all we are trying to do is Paso Corporation of engaging in dozens and you are going to stifle trade, be- bring light of day to one loophole that of round-trip energy trades that artifi- cause they don’t want to keep a record was in the Commodity Futures Mod- cially bolstered its revenues and trad- of that trade, they don’t want trans- ernization Act because a major of- ing volumes over the last 2 years. parency, they don’t want to keep an fender lobbied for it in the laws. It was CMS Energy admitted conducting audit on trade, and they don’t want not in the Senate bill. The Senate bill wash energy trades that artificially in- any Government agency assuring there originally covered this, but they lob- flated its revenue by more than $4.4 bil- isn’t fraud or manipulation. I am dou- bied in the House. It was taken out in lion. These round-trip trades accounted bly suspicious of them, particularly be- conference, and the loophole was cre- for 80 percent of their trade in 2001. So cause of the fraud and manipulation we ated. 80 percent of this company’s trades in now know took place. If the past 3 years have not been evi- 2001—in the heart of the energy crisis— So, please, don’t tell me I am not so- dence enough, if the arrests are not were not trades at all. No energy ever phisticated enough to understand. I un- evidence enough, if we do not want a traded hands. They just boosted their derstand plenty. I understand, when transparent marketplace, if we want sales—artificially. the price goes from $7 billion to $28 bil- people to be able to do this trading—

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.053 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7675 and we can tell you the language of mission authority over areas that are to the Commodity Futures Trading some of these trades; if they knew they currently regulated by the Commodity Commission’s antifraud and were being recorded, I do not think Futures Trading Commission and antimanipulation authorities. They are they would do it in the way they did would require, in addition, regulation subject to special call examinations by it—if we want to allow those proce- of energy derivatives. These are com- the Commodity Futures Trading Com- dures to continue to happen, that is plex instruments. They are used to mission. To suggest there are no regu- what a motion to table and a tabling transfer risks among traders and they latory requirements on those exempt vote will do. are important tools in the energy mar- commercial markets is just not true. I am very hopeful and I am asking kets today. It is also claimed that the Feinstein my colleagues to vote nay on the mo- Congress considered in the past, amendment would impose capital re- tion to table and vote yea on the modi- when it took up the Commodity Fu- quirements on exempt commercial fied amendment which is now at the tures Modernization Act of 2000 several markets. It would require capital re- desk. years ago, regulating these instru- quirements. That doesn’t necessarily I thank the Chair, and I yield the ments. But it decided not to do so. The solve anything. Capital requirements floor. Mr. President, I suggest the ab- Federal Energy Regulatory Commis- aren’t imposed now on the Chicago sence of a quorum. sion has no current responsibility in Mercantile Exchange, or the New York The PRESIDING OFFICER (Mr. regulating derivatives. Mercantile Exchange, or the Chicago HAGEL). The clerk will call the roll. It seems to me that when you look to Board of Trade. They are not viewed as The legislative clerk proceeded to see who has been carrying out duties necessary. Those markets have been call the roll. now complained about by some Sen- functioning without capital require- Mr. REID. Mr. President, I ask unan- ator, you can find that the Commodity ments. To now impose them on exempt imous consent that the order for the Futures Trading Commission has a commercial markets is inappropriate quorum call be rescinded. record of taking legal action against and unnecessary. The PRESIDING OFFICER. Without companies such as Enron, El Paso, and Capital requirements or other ex- objection, it is so ordered. others regarding energy market prob- empt commercial markets would be AMENDMENT NO. 877, WITHDRAWN lems. The Commodity Futures Trading difficult to establish. They would Mr. REID. Mr. President, I ask that Commission has recovered millions of change on a regular basis—weekly the Reid amendment be withdrawn. dollars in fines from these companies, probably—because of new contracts The PRESIDING OFFICER. The Sen- and it has several ongoing investiga- being offered, and change financial po- ator has that right. The amendment is tions in this area, and more charges sitions of participants. Capital require- withdrawn. Mr. REID. I suggest the absence of a are possible. ments would impose significant costs To transfer now the regulatory au- quorum. and there are no identifiable benefits. The PRESIDING OFFICER. The thority to a different commission and The amendment would also impose clerk will call the roll. purport to take away the authority large trader reporting on exempt com- The legislative clerk proceeded to from the Commodity Futures Trading mercial markets. Large trader report- call the roll. Commission is going to create disrup- ing works on retail futures exchanges Mr. COCHRAN. Mr. President, I ask tion in ongoing investigations and ac- with standardized contracts but would unanimous consent that the order for tions that are taken to discipline this not work on exempt commercial mar- the quorum call be rescinded. market and make it more predictable kets. They don’t have the same type of The PRESIDING OFFICER. Without and trustworthy. standardization. Large trader reporting objection, it is so ordered. The Senator from California has sug- on exempt commercial markets could Mr. COCHRAN. Mr. President, the gested that the amendment she has of- actually lead to misleading informa- Senate is considering the amendment fered is needed to prevent wash trades. tion being provided to the public. offered by the distinguished Senator These are trades that are fictitious. A Large trader reporting is used for mar- from California, Mrs. FEINSTEIN, to the company will buy a commodity and ket surveillance in retail futures mar- Energy bill now before the Senate. This then sell it creating the impression kets. amendment seeks to transfer, in effect, that this is a legitimate trade. It estab- The Commodity Futures Trading regulatory authority from the body lishes a price. It establishes volume. Commission’s statutory authority for that now has that authority, the Com- But it is fictitious trading. It shouldn’t exempt commercial markets is after modity Futures Trading Commission, have that effect but it does. the fact, antifraud and to the Federal Energy Regulatory The Commodity Futures Trading antimanipulation enforcement, and is Commission. Commission has taken action to dis- inconsistent with a large trader report- There are several good reasons why courage that activity and to punish ing scheme. the Senate should not adopt this that activity. It has specific authority In closing, the Senate has to take amendment and force that transfer of to do that under the Commodity Ex- into account the fact that the leading regulatory authority. First, the Fed- change Act. The Commodity Futures figures in our Government who are re- eral Energy Regulatory Commission Trading Commission has brought sev- sponsible for enforcement and man- has special responsibilities but this eral actions under that authority in aging the departments that understand will give them new and different re- the last several years. Its authority to financial markets and the impact they sponsibilities where there is no experi- take this kind of action has been have on our economy and on our place ence, there is no body of law or regu- upheld by two decisions from U.S. ap- in the world economy are urging that latory decisionmaking on which to peals courts. the Senate not adopt the Feinstein base the assumption that this kind of Just this year, the Commodity Fu- amendment. regulation or this regulation carried tures Trading Commission has recov- This is a letter which was put on out by this Commission would be of ered tens of millions of dollars from every Senator’s desk in the last several any better character or type than that merchant energy traders for so-called minutes signed by John W. Snow, Sec- which would be exercised by the Com- wash trades and false trades. retary of the Department of the Treas- modity Futures Trading Commission. Another claim that is made in sup- ury, Alan Greenspan, Chairman of the The Commodity Futures Trading port of the amendment of the Senator Board of Governors of the Federal Re- Commission has been operating for from California is that because the ex- serve System, William H. Donaldson, some time now and has actually shown empt commercial markets are not reg- Chairman, U.S. Securities and Ex- that it is capable of taking action to ulated under the Commodity Exchange change Commission, and James E. prevent abuses and illegal activities Act that they have no regulatory over- Newsome, Chairman of the Commodity that can occur in these trading mar- sight. That is just not true. Those mar- Futures Trading Commission. kets and in the energy trading area as kets are required by statute today to With the permission of the Chair, I well. have electronic audit trails. They are will read the letter. The Feinstein amendment would give required by statute to keep records for It is addressed to Senator CRAPO of the Federal Energy Regulatory Com- 5 years. They are required to be subject Idaho and Senator MILLER of Georgia.

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.056 S11PT1 S7676 CONGRESSIONAL RECORD — SENATE June 11, 2003 Thank you for your letter of June 10, 2003, Mr. REID. Madam President, it is my have to earn it, and Ronnie has with- requesting the views of the President’s understanding that would be a motion out question. He is known for his sense Working Group on Financial Markets [PWG] to table. of fair play and his compassion for oth- on proposed Amendment No. 876— Mr. FRIST. That is correct. ers. With his easy-going, thoughtful That is the Feinstein amendment— The PRESIDING OFFICER. Is there manner, yet quick mind and keen legal to S. 14, the pending energy bill. objection? ability, he has the temperament and As this amendment is similar to a proposed Without objection, it is so ordered. amendment on which you sought the views judgement required for the Federal of the PWG last year, we reassert the posi- f bench. For the last nineteen years, tions expressed in the PWG’s response dated EXECUTIVE SESSION Judge Thomas Hull has served as Dis- September 18, 2002, a copy of which is en- trict Judge in Tennessee’s Eastern Dis- closed. The proposed amendment could have trict, and his distinguished career will significant unintended consequences for an NOMINATION OF J. RONNIE long be remembered. While Judge Hull extremely important risk management mar- GREER, OF TENNESSEE, TO BE leaves big shoes to fill, I am confident ket—serving businesses, financial institu- UNITED STATES DISTRICT tions, and investors throughout the U.S. Ronnie is up to the task. economy. For that reason, we believe that JUDGE FOR THE EASTERN DIS- Mr. President, Ronnie Greer’s dedica- adoption of this amendment is ill-advised. TRICT OF TENNESSEE tion to the citizens of our State, his We would also point out that, since we The PRESIDING OFFICER. Under love of the law, and his desire to serve wrote that letter last year, various federal the previous order, the Senate will pro- his country make him an ideal choice agencies have initiated actions against ceed to executive session to consider to serve as a U.S. District Judge. He wrongdoing in the energy markets. As you has my highest recommendation and note, the CFTC has brought formal actions the following nomination, which the against Enron, Dynegy, and El Paso for mar- clerk will report. unqualified support, and I am delighted ket manipulation, wash (or roundtrip) The senior assistant bill clerk read to urge my colleagues to vote for his trades, false reporting of prices, and oper- the nomination of J. Ronnie Greer, of confirmation today. ation of illegal markets. The Securities and Tennessee, to be United States District Mr. ALEXANDER. Madam President, Exchange Commission, the Federal Energy Judge for the Eastern District of Ten- within a few minutes, we will be voting Regulatory Commission, and the Depart- nessee. on the President’s nomination of J. ment of Justice have also initiated formal Mr. FRIST. Madam President, in a Ronnie Greer, of Greeneville, TN, to be actions in the energy sector. Some of these few moments, I believe at 2:15, the vote a Federal District Judge for the East- actions have already resulted in substantial monetary penalties and other sanctions. for J. Ronnie Greer’s nomination as a ern District of Tennessee. I want to These initial actions alone make clear that United States District Court Judge for just say a word about that. wrongdoing in the energy markets are fully the Eastern District of Tennessee will The President has made a superb subject to the existing enforcement author- take place. nomination. Ronnie Greer is a distin- ity of federal regulators. As we come to the final few moments guished lawyer. He knows the people of The Commodity Futures Modernization before that vote, I want to express my east Tennessee. He has earned our re- Act of 2000 brought important legal cer- strong support for a very good friend spect. I am delighted the Senate has tainty to the risk management marketplace. over the years, Ronnie Greer. moved so expeditiously to consider this Businesses, financial institutions, and investors throughout the economy rely upon de- People who come from the mountains exceptional nominee. rivatives to protect themselves from market of northeast Tennessee are known in I had the privilege, as Governor, of volatility triggered by unexpected economic our State for certain qualities. They appointing nearly 50 men and women events. This ability to manage risks makes are the qualities of loyalty, of stead- as judges, and I know how important it the economy more resilient and its impor- fastness, of a can-do spirit. This indi- can be. What I always looked for was tance cannot be underestimated. In our judg- vidual, who we will be voting on in a intelligence and good character; some- ment, the ability of private counterpart sur- few minutes, really personifies that one who knew and understood the peo- veillance to effectively regulate these mar- tradition. He is a highly accomplished ple; and someone who would be cour- kets can be undermined by inappropriate extensions of government regulation. public servant who has served as an at- teous to the men and women to come torney in Tennessee’s judicial system before the judge once the judge as- It is clear from the letter that the with great distinction for more than 20 sumes the bench. In this case, it is a Senate has received no response to in- years. His academic career speaks for lifetime position, and it is even more quiries from Senator CRAPO and Sen- itself—he graduated at the top of his important that the judge have those ator MILLER clearly explaining the class at the University of Tennessee qualities. dangers in adopting the Feinstein Law School and was invited to be on Ronnie Greer has all those qualities. amendment. I have known him since he was student At the appropriate time it will be our Law Review. Since starting his own body president at East Tennessee State intention to move to table the Fein- law office in Greeneville, he has rep- University. He was a champion de- stein amendment and ask for the yeas resented numerous clients on a wide bater. That was some 30 years ago. I and nays at that time. I hope Senators range of issues, and he has considerable knew then he would amount to some- will carefully review the information experience before the Federal courts. Recognizing the need to help his fellow thing special, and he already has. we now have available on each Sen- He has served his community in ator’s desk and vote to table the Fein- man, he has not hesitated to accept the appointments of indigent clients, rep- many ways. He has served his political stein amendment. party, the Republican party, in many Madam President, I suggest the ab- resenting them in both the District important ways. He has been a State sence of a quorum. Court and the Sixth Circuit Court of The PRESIDING OFFICER (Mrs. Appeals. senator from his part of upper east Tennessee. He has been active on issues DOLE). The clerk will call the roll. Ronnie has also had a distinguished The legislative clerk proceeded to career in politics and public service that have to do with solid waste and call the roll. outside of his law practice. He was a the environment. He has been chair- Mr. FRIST. Madam President, I ask State Senator in Tennessee’s General man of his local committee. unanimous consent that the order for Assembly for nine years, ably serving I think one of the things that most the quorum call be rescinded. the people of District One. He served on strongly recommends Ronnie Greer is The PRESIDING OFFICER. Without both the Judiciary Committee and as he takes this most important position objection, it is so ordered. Chairman of the Environment, Con- in what we call in upper east Tennessee Mr. FRIST. Madam President, I ask servation and Tourism Committee. having been a trial judge. He will have unanimous consent that the vote in re- Ronnie also served as a Special Assist- lots of people before him, litigants be- lation to the Feinstein amendment No. ant in then-Governor LAMAR ALEX- fore him trying cases, making deci- 876 occur at 3:15 today, with no amend- ANDER’s first term, forming a friend- sions on many different kinds of ments in order to the amendment prior ship and a bond that continues to this things. He has actually practiced law to the vote. day. in the grand manner. He has been the The PRESIDING OFFICER. Is there You can’t demand respect from the kind of lawyer we used to see all over objection? people of northeast Tennessee, you the country, where a single lawyer

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.059 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7677 would try many different kinds of servation League’s Legislator of the She was the first Sixth Circuit con- cases. They would have a criminal case Year Award and, in 1993, he received firmation in almost 5 years during one day, a civil case the next day, and the Environmental Action Fund’s Leg- which the Republican Senate majority a domestic relations case the next day. islator of the Year Award. had refused to proceed on three of The lawyer had many talents and was Madam President, I join Senator President Clinton’s Sixth Circuit nomi- broad gauged. Today, so much of our FRIST in saying how proud we both are nees and vacancies grew to half the cir- legal profession is in very large law of his nomination. I look forward to cuit court. firms, where we have very specialized casting my vote for him in a few min- The Tennessee total during the last lawyers. They do not see big slices of utes and urge all my colleagues to sup- few years now stands at six and its life. As a result, many of them are not port this nomination. Federal bench is completely filled. very well prepared for a Federal judge- Mr. HATCH. Madam President, I rise Working with Senator FRIST, Senator ship, particularly a district judgeship in support of the nomination of James ALEXANDER, and before them my good where many slices of life come before Ronnie Greer to the U.S. District Court friend Senator Thompson, we have that judge. for the Eastern District of Tennessee. been able to make tremendous progress Ronnie Greer is well prepared. He has Mr. Greer has extensive experience in during the last 2 years. tried hundreds of cases in his career. both the private and public sectors of Mr. FRIST. Madam President, I ask He has represented the people of his the legal community. for the yeas and nays on the nomina- area. The fact the President nominated Upon graduating from the University tion. him and that this Senate has moved so of Tennessee College of Law, Mr. Greer The PRESIDING OFFICER. Is there a quickly to confirm him suggests his became the special assistant to then- sufficient second? reputation goes well before him. Gov. LAMAR ALEXANDER. There is a sufficient second. Mr. Greer was born and raised in For the past 20 years, Mr. Greer has The question is, Shall the Senate ad- Mountain City, TN. He received his maintained a successful general legal vise and consent to the nomination of Bachelor of Science degree from the practice. During this time, his practice J. Ronnie Greer, of Tennessee, to be East Tennessee State University in has consisted of considerable litigation United States District Judge for the 1974. He received his Juris Doctorate involving both jury and bench trials in Eastern District of Tennessee? from the University Of Tennessee Col- the areas of State and Federal criminal The clerk will call the roll. lege Of Law in 1980. defense, personal injury, and workers The senior assistant bill clerk called Mr. Greer served in the Tennessee compensation. He has also practiced in the roll. General Assembly as a Senator for 8 the areas of domestic relations and has Mr. MCCONNELL. I announce that years and served on the judiciary com- represented a number of clients on en- the Senator from Illinois (Mr. FITZ- mittee for 5 years. During his term of vironmental issues. From 1985 to 1986, GERALD) is necessarily absent. service, the committee considered leg- Mr. Greer was county attorney for Mr. REID. I announce that the Sen- islation relative to the judiciary, State Green County, TN. ator from South Carolina (Mr. HOL- criminal code and criminal sentencing. From 1986 to 1994, Mr. Greer served as LINGS) and the Senator from Massachu- This committee approved bills: that re- a State senator in the Tennessee Gen- setts (Mr. KERRY) are necessarily ab- wrote the Tennessee Criminal Code; eral Assembly, during which time he sent. that dealt with the appointment and was a member of the Judiciary Com- I further announce that, if present retention of State appellate court mittee, and chairman of the Environ- and voting, the the Senator from Mas- judges; and that revised the Tennessee ment, Conservation and Tourism Com- sachusetts (Mr. KERRY) would vote Rules of Evidence; the Tennessee Rules mittee. During his tenure, he helped ‘‘yea.’’ of Civil Procedure; and the Tennessee pass bills which rewrote the Tennessee The PRESIDING OFFICER. Are there Rules of Criminal Procedure. Criminal Code, revised the Rules of any other Senators in the Chamber de- While in the Tennessee General As- Evidence, Civil Procedure, and Crimi- siring to vote? sembly, Mr. Greer also served as Chair- nal Procedure. Mr. Greer was also the The result was announced—yeas 97, man of the Senate Environment, Con- author and chief sponsor of the Ten- nays 0, as follows: servation and Tourism Committee for 7 nessee Solid Waste Management Act. [Rollcall Vote No. 216 Ex.] years. This committee considered bills I am confident that he will serve on YEAS—97 related to environmental issues, wild- the bench with integrity and fairness, Akaka Dodd Lugar life, State parks and tourism. He also and I urge my colleagues to confirm Alexander Dole McCain authored and was chief sponsor of the him today. Allard Domenici McConnell Tennessee Solid Waste Management Mr. LEAHY. Madam President, Allen Dorgan Mikulski today, we vote to confirm J. Ronnie Baucus Durbin Miller Act and sponsored and cosponsored nu- Bayh Edwards Murkowski merous pieces of significant environ- Greer to the United States District Bennett Ensign Murray mental legislation. Court. With this confirmation we will Biden Enzi Nelson (FL) Bingaman Feingold have filled the sole vacancy on this Nelson (NE) Mr. Greer has vast litigation experi- Bond Feinstein Nickles ence in civil and criminal law. He court, one that arose in October 2002. Boxer Frist Judge Greer will join Judge J. Daniel Breaux Graham (FL) Pryor served as County Attorney for Greene Reed County, TN. In his capacity of County Breen and Judge Thomas Varlan, who Brownback Graham (SC) Bunning Grassley Reid Attorney and in private practice, Mr. we confirmed to lifetime appointments Burns Gregg Roberts Greer tried approximately 200 lawsuits to the Western District of Tennessee Byrd Hagel Rockefeller in State or Federal courts as sole or and Eastern District of Tennessee, re- Campbell Harkin Santorum spectively, earlier in March of this Cantwell Hatch Sarbanes chief counsel. As a practicing attorney, Carper Hutchison Schumer he practiced general civil litigation year. These three confirmations build Chafee Inhofe Sessions primarily in the areas of personal in- on the progress we were able to make Chambliss Inouye Shelby jury, environmental law and bank- while I chaired the Judiciary Com- Clinton Jeffords Smith Cochran Johnson ruptcy. Mr. Greer has represented mittee during the 107th Congress. Dur- Snowe Coleman Kennedy Specter many defendants in criminal cases in ing those months we proceeded expedi- Collins Kohl Stabenow both State and Federal courts. Mr. tiously to consider and confirm Judge Conrad Kyl Stevens Cornyn Thomas Phillips to the Eastern Dis- Landrieu Sununu Greer has represented numerous cases Corzine Lautenberg Talent for indigent clients on a pro bono basis trict of Tennessee and Samuel Hardy Craig Leahy Thomas Mays, Jr. to the Western District of Crapo Levin and routinely accepted two to three Voinovich criminal cases appointed by federal Tennessee. In addition, during my ten- Daschle Lieberman Dayton Lincoln Warner courts per year. ure as chairman we broke the logjam DeWine Lott Wyden Mr. Greer has received honors and on appointments to the United States awards for his outstanding service to Court of Appeals to the Sixth Circuit NOT VOTING—3 the community. To name a few, he was by confirming Judge Julia Smith Gib- Fitzgerald Hollings Kerry the 1989 recipient of the Tennessee Con- bons of Tennessee to that circuit court. The nomination was confirmed.

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.062 S11PT1 S7678 CONGRESSIONAL RECORD — SENATE June 11, 2003 NOMINATION OF MARK R. 1996 and 1997 the first 3 full years of his Kravitz has been an Adjunct Professor KRAVITZ, OF CONNECTICUT, TO last term. In those 3 years, the Repub- of Law at the University of Con- BE UNITED STATES DISTRICT lican leadership in the Senate allowed necticut School of Law. JUDGE FOR THE DISTRICT OF only 111 judicial nominees to be con- Over the course of the last quarter of CONNECTICUT firmed, which included only 18 circuit a century, Mr. Kravitz has built an ex- The PRESIDING OFFICER. Under court judges. We have already signifi- cellent reputation. He has become a re- the previous order, the Senate will pro- cantly exceeded that total with 6 spected and admired member of the ceed to the following nomination, months remaining to us this year. Connecticut bar and he has contributed which the clerk will report. If the Senate did not confirm another to the larger community, giving his The assistant legislative clerk read judicial nominee all year and simply time and talents to such causes as the the nomination of Mark R. Kravitz, of adjourned today, we would have treat- Guilford Land Conservation Trust, the Connecticut, to be U.S. District Judge ed President Bush more fairly and Connecticut Foundation for Open Gov- for the District of Connecticut. would have acted on more of his judi- ernment, and the Connecticut Council The PRESIDING OFFICER. Under cial nominees than Republicans did for on Environmental Quality. Mr. Kravitz the previous order, there will be 5 min- President Clinton in 1995–97. In addi- has been listed as one of the Best Law- utes for debate equally divided between tion, the vacancies on the federal yers in America since 1991. He has been the chairman and ranking member or courts around the country are signifi- elected as a fellow to the American their designees prior to a vote. cantly lower than the 80 vacancies Re- Academy of Appellate Lawyers and as Who yields time? publicans left at the end of 1997. We a member of the American Law Insti- Mr. LEAHY. I yield such time as the continue well below the 67 vacancy tute. In 1995, Mr. Kravitz received the senior Senator from Connecticut de- level that Senator HATCH used to call Deane C. Avery Award for ‘‘advancing sires. ‘‘full employment’’ for the federal judi- the cause of freedom of information The PRESIDING OFFICER. The Sen- ciary. and freedom of speech in Connecticut.’’ ator from Connecticut. Indeed, we have reduced vacancies to Recently, there has been a great deal Mr. DODD. Madam President, I their lowest level in the last 13 years. of debate in the Senate about judicial thank Senator LEAHY and Senator So while unemployment has continued nominations. I don’t believe there HATCH for moving the nomination of to climb for Americans to 6.1 percent should be any debate about this nomi- Mark Kravitz. This is a first-rate nomi- last month, the Senate has helped nation. Mark Kravitz is the kind of nation. I commend the President and lower the vacancy rate in federal nominee whom I believe the Framers of others who recommended Mark courts to an historically low level that the Constitution had in mind when Kravitz. He is a first-class nominee to we have not witnessed in over a decade. they envisioned an independent judici- sit on the Federal bench. My colleague Of course, the Senate is not adjourning ary composed of jurists whose experi- Senator LIEBERMAN and I strongly sup- for the year and the Judiciary Com- ence, intellect, and commitment to port this nomination. He has been a mittee continues to hold hearings for justice are unquestionable. wonderful lawyer in Connecticut, a Bush judicial nominees at between two I believe that Mark Kravitz possesses graduate of Wellesley University, and four times as many as he did for the intellect, the experience, and the Georgetown Law School, a clerk for President Clinton’s. disposition to be an impartial finder of then-Justice Rehnquist, has written For those who are claiming that fact, a faithful legal analyst, and a fair extensively and taught at the Univer- Democrats are blockading this Presi- and just jurist. He is an outstanding sity of Connecticut Law School. He is dent’s judicial nominees, this is an- lawyer, and given everything I know going to be a wonderful addition to the other example of how quickly and eas- about him, I am certain that he has the district court bench. ily the Senate can act when we proceed capacity to be an outstanding judge, as We wanted our colleagues to know cooperatively with consensus nomi- well. The State of Connecticut is proud how strongly Senator LIEBERMAN and I nees. The Senate’s record fairly consid- to have him as one of our own. I’m cer- felt about this nomination. We urge ered has been outstanding—especially tain that he will serve his country with our colleagues to give their unanimous when contrasted with the obstruction honor and distinction, and I look for- support. of President Clinton’s moderate judi- ward to his confirmation. Again, I com- I yield back my remaining time. cial nominees by Republicans between mend Mark Kravitz without reserva- Mr. LEAHY. Madam President, I 1996 and 2001. tion and I urge my colleagues to vote thank the Senator from Connecticut. Mr. DODD. Mr. President, I thank to confirm his nomination. This was a case where the White House Chairman Hatch, Senator LEAHY and Mr. LIEBERMAN. Mr. President. I worked with the Senators from the all the members of the Judiciary Com- rise to support the nomination of Mark home State in an effort to unite rather mittee for acting on this judicial nomi- Kravitz, whose nomination to the U.S. than divide. I suspect this nominee will nation in a thorough and expeditious District Court for the District of Con- be easily confirmed. manner. I am pleased to recommend necticut the Senate is currently con- With the confirmation of Mark R. Mr. Kravitz to my colleagues to serve sidering. Kravitz to the District Court, we will as Federal District Judge for the Dis- Mr. Kravitz’s confirmation will be have filled the only vacancy on that trict of Connecticut. good for Connecticut and for the Fed- court. I commend Senator DODD and Mark Kravitz is a graduate of Wes- eral bench. Senator LIEBERMAN for their work in leyan University in Middletown, Con- Connecticut isn’t the biggest State in connection with this outstanding nom- necticut and Georgetown Law School. the Union, but we are blessed to have ination and congratulate the nominee After graduating from law school, Mr. countless principled and professional and his family. Kravitz clerked for Judge James lawyers, judges, and legal scholars. The Senate has now confirmed 131 Hunter of the U.S. Court of Appeals for Maybe that is because we were the first judges, including 26 circuit court the Third Circuit. Mr. Kravitz also State to have a written constitution; judges, nominated by President Bush. served as a clerk for then-Justice Wil- maybe it is due to the gravitational One hundred judicial nominees were liam H. Rehnquist of the United States tug of fine law schools like UConn and confirmed when Democrats acted as Supreme Court. my own alma mater, Yale. Regardless, the Senate majority for 17 months In 1976, Mr. Kravitz joined the rein a State filled with lawyers, it is no from the summer of 2001 to adjourn- spected law firm of Wiggin & Dana in exaggeration to say that Mark Kravitz ment last year. After today, 31 will New Haven, CT, where he is now a part- has proven himself among the best. have been confirmed in the other 12 ner and heads their appellate practice. And I have no doubt he will uphold the months in which Republicans have con- Mr. Kravitz’s law practice has been de- highest standards of jurisprudence on trolled the confirmation process under voted to civil litigation in State and the Federal bench. President Bush. This total of 131 judges Federal courts. He has been lead coun- Mark graduated magna cum laude confirmed for President Bush is more sel on more than 60 appeals in State and Phi Beta Kappa in 1972 from Wes- confirmations than the Republicans al- and Federal courts. In addition to his leyan University in Middletown, Con- lowed President Clinton in all of 1995, appellate and litigation practice, Mr. necticut. He later graduated from

VerDate Jan 31 2003 02:21 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.066 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7679 Georgetown Law School, where he was Mr. MCCONNELL. I announce that The PRESIDING OFFICER. The Sen- managing editor of the Law Review. the Senator from Illinois (Mr. FITZ- ator from Washington is recognized. Out of law school, Mark clerked for GERALD) is necessarily absent. Ms. CANTWELL. Thank you, Madam Judge James Hunter of the Third Cir- Mr. REID. I announce that the Sen- President. cuit Court of Appeals, and Supreme ator from South Carolina (Mr. HOL- I am here to support the Feinstein Court Justice William Rehnquist. He is LINGS) and the Senator from Massachu- amendment, which I am pleased to co- currently a partner at Wiggin and setts (Mr. KERRY) are necessarily ab- sponsor. It is a very important piece of Dana in New Haven, where he has sent. legislation. I thank my colleague for worked since 1976. He has served as I further announce that, if present her hard work on this very important lead counsel on more than 60 appeals in and voting, the Senator from Massa- issue. We have all heard about the dys- State and Federal courts, and has ar- chusetts (Mr. KERRY) would vote functions in our western regional gued before the United States Supreme ‘‘Yea’’. power market and how it has cost our Court. The PRESIDING OFFICER. Are there western economy more than $35 billion. Mark has been listed as one of the any other Senators in the Chamber de- Madam President, it was more than a Best Lawyers in America since 1991. He siring to vote? year ago that the Senator from Cali- was endorsed by the Connecticut Bar The result was announced—yeas 97, fornia and I stood on the floor to have Association as exceptionally well nays 0, as follows: this debate with many of my col- qualified to be a District Judge, and [Rollcall Vote No. 217 Ex.] leagues. During the Omnibus Appro- has been unanimously rated as Well YEAS—97 priations bill in 2000, Congress granted Qualified by the American Bar Associa- an exemption from regulatory scrutiny tion. Akaka Dodd Lugar for businesses such as EnronOnline and Forgive the pun, but this is an open Alexander Dole McCain Allard Domenici McConnell electronic trading platforms. and shut case. Mark Kravitz has the in- Allen Dorgan Mikulski Unsurprisingly, Enron was chief among tellect, the independence, and the in- Baucus Durbin Miller its boosters in lobbying for this lan- tegrity to do this job and do it well. I Bayh Edwards Murkowski Bennett Ensign guage. Even though Congress listened am confident he will carefully read and Murray Biden Enzi Nelson (FL) to Enron and not the President’s Work- Bingaman Feingold apply the laws of the United States in Nelson (NE) ing Group on Financial Markets, which Bond Feinstein Federal court, abiding only by the law- Nickles Boxer Frist opposed this exemption. not by any ideology, passion, or preju- Breaux Graham (FL) Pryor Now we have history. What has hap- dice. He will be an exemplary judge. I Brownback Graham (SC) Reed pened? We know that the Enron loop- Reid urge my colleagues to confirm him Bunning Grassley hole has caused quite a bit of a prob- Burns Gregg Roberts today. Rockefeller lem. In fact, in light of evidence which Mr. HATCH. Madam President, I rise Byrd Hagel Campbell Harkin Santorum during last year’s debate was just be- today in support of Mark. R. Kravitz to Cantwell Hatch Sarbanes ginning to emerge, we have found that be a United States District Judge for Carper Hutchison Schumer Chafee Inhofe Sessions the markets for energy derivatives and the District of Connecticut. I am con- the physical energy prices and supplies fident that with his accomplishments Chambliss Inouye Shelby Clinton Jeffords Smith have caused a problem. In the West, we and experience, Mr. Kravitz will make Cochran Johnson Snowe had huge spikes. We have had a long Coleman Kennedy an excellent Federal judge. After grad- Specter and vigorous floor debate about this uating from Georgetown University Collins Kohl Stabenow Conrad Kyl Stevens amendment. Law Center, where he was managing Cornyn Landrieu Sununu There were many detractors who ba- editor of the Georgetown Law Journal, Corzine Lautenberg Talent sically said at the time there was no Craig Leahy Mr. Kravitz clerked for the Honorable Thomas conclusive evidence that Enron manip- James Hunter III of the U.S. Court of Crapo Levin Daschle Lieberman Voinovich ulated western energy markets and Warner Appeals for the Third Circuit. He then Dayton Lincoln there was no need to proceed. This went on to clerk for the Honorable Wil- DeWine Lott Wyden year, we have heard a lot about how liam H. Rehnquist on the U.S. Supreme NOT VOTING—3 Enron in fact has manipulated mar- Court. Fitzgerald Hollings Kerry kets. Mr. Kravitz has spent the bulk of his Less than a month after the Senate legal career at the firm of Wiggin & The nomination was confirmed. passed this comprehensive Energy bill Dana in New Haven, CT, where he is The PRESIDING OFFICER. Under with this language in it, Enron’s currently a partner. He also serves as the previous order, the President will ‘‘smoking gun’’ memos were released an adjunct professor of law at the Uni- be notified of the Senate’s action. detailing a number of the company’s versity of Connecticut School of Law f schemes for driving up the prices. My and has also been a visiting lecturer at colleagues are aware that Enron has Yale University Law School. For the LEGISLATIVE SESSION continued to release various amounts past 12 years, Mr. Kravitz has been rec- The PRESIDING OFFICER. Under of information about this unbelievable ognized in the publication ‘‘The Best the previous order, the Senate will re- scandal and manipulation of prices. Lawyers in America.’’ He enjoys the turn to legislative session. Just last week, another Enron trader support of both home State Democrat f was arrested. And the complaint of Senators and was unanimously ap- Federal prosecutors said they are un- ENERGY POLICY ACT OF 2003— proved by the Judiciary Committee. I covering even more details of ploys to Continued urge my colleagues to vote in favor of manipulate energy prices. We wanted this exceptional nominee. AMENDMENT NO. 876, AS MODIFIED evidence. We got it. In a long-awaited I yield back our remaining time. Mr. REID. Madam President, I ask Mr. LEAHY. Madam President, I report, the Federal Energy Regulatory unanimous consent that the time be yield back the remaining time. Commission concluded this spring that I ask for the yeas and nays. equally divided and that Senator FEIN- manipulation was ‘‘epidemic’’ in the The PRESIDING OFFICER. Is there a STEIN control our time and Senator western market during the crisis of sufficient second? COCHRAN control the time on the other 2000–2001. There is a sufficient second. side. But more specifically, in a staff re- The question is, Will the Senate ad- The PRESIDING OFFICER. Is there port the Federal Energy Regulatory vise and consent to the nominatin of objection? Commission detailed the manner in Mark R. Kravitz, of Connecticut, to be Without objection, it is so ordered. which EnronOnline helped Enron to United States District Judge for the Who yields time? game the California markets. The District of Connecticut? The clerk will Mr. REID. Madam President, on be- Commission concluded that ‘‘the rela- call the roll. half of Senator FEINSTEIN, I yield to tionship between the financial and The assistant legislative clerk called the Senator from Washington 4 min- physical energy products . . . provides the roll. utes. the opportunity to manipulate the

VerDate Jan 31 2003 03:27 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.107 S11PT1 S7680 CONGRESSIONAL RECORD — SENATE June 11, 2003 physical markets and profit in the fi- I do not have time to go through the markets can be undermined by inappropriate nancial markets.’’ list of wrongdoing they have initiated extensions of government regulation. Further, the Federal Energy Regu- action against, but they conclude in Yours truly, latory Commission estimated that their letter: JOHN W. SNOW, Secretary, Department EnronOnline allowed the company to These initial actions alone make clear that of the Treasury. wrongdoers in the energy markets are fully reap more than $500 million in addi- WILLIAM H. DONALDSON, tional profits. There it is, right from subject to the existing enforcement author- Chairman, U.S. Secu- the Federal Commission: EnronOnline ity of federal regulators. rities and Exchange allowed them to reap those additional This amendment will not be helpful Commission. profits. to our economy. It will take away one ALAN GREENSPAN, As we approach this very important of the needed elements of our economy Chairman, Board of issue in a vote here in a few minutes, that gives it the dynamic nature that Governors of the my colleagues need to step up and close it has, to be able to resist some of the Federal Reserve Sys- difficult burdens that the economy has tem. this loophole that the President’s JAMES E. NEWSOME, Working Group on Financial Markets faced in the last several years. Chairman, Commodity first argued against because it said we Madam President, I ask unanimous Futures Trading didn’t have real credibility on manipu- consent that the letter I just referred Commission. lation. Now we have the credibility, to dated June 11, 2003, and an addi- and we have a Federal Commission tional letter dated September 18, 2002, DEPARTMENT OF TREASURY, BOARD pointing to the fact that EnronOnline be printed in the RECORD. OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, U.S. SECURI- was responsible for part of this market There being no objection, the mate- TIES AND EXCHANGE COMMISSION, manipulation. rial was ordered to be printed in the RECORD, as follows: COMMODITY FUTURES TRADING I urge my colleagues to support the COMMISSION, Feinstein amendment. DEPARTMENT OF THE TREASURY, Washington, DC, September 18, 2002. BOARD OF GOVERNORS OF THE FED- The PRESIDING OFFICER. Who Hon. MICHAEL D. CRAPO, yields time? ERAL RESERVE SYSTEM, U.S. SE- U.S. Senate, Russell Senate Office Building, Mr. COCHRAN. Madam President, I CURITIES AND EXCHANGE COMMIS- Washington, DC. SION, COMMODITY FUTURES TRAD- yield such time as he may consume to Hon. ZELL B. MILLER, ING COMMISSION, U.S. Senate, Dirksen Senate Office Building, the Senator from Idaho, Mr. CRAPO. Washington, DC, June 11, 2003. The PRESIDING OFFICER. The Sen- Washington, DC. Hon. MICAHEL D. CRAPO, DEAR SENATORS CRAPO AND MILLER: In re- ator from Idaho. U.S. Senate, Russell Senate Office Building, sponse to your letter of September 13, we Mr. CRAPO. Thank you, Madam Washington, DC. write to express our serious concerns about President. I will be very brief. Hon. ZELL B. MILLER, the legislative proposal to expand regulation I want to reiterate, once again, we U.S. Senate, Dirksen Senate Office Building, of the over-the-counter (OTC) derivatives are not here dealing with a question of Washington, DC. markets that has recently been proposed by DEAR SENATORS CRAPO AND MILLER: Thank whether those who did try to and suc- Senators Harkin and Lugar. you for your letter of June 10, 2003, request- We believe that the OTC derivatives mar- ceeded in manipulating markets should ing the views of the President’s Working kets in question have been a major contrib- be held accountable for that. We are Group on Financial Markets (PWG) on pro- utor to our economy’s ability to respond to talking about what is the correct way posed Senate Amendment No. 876 to S. 14, the stresses and challenges of the last two to regulate the derivatives market in the pending energy bill. As this amendment years. This proposal would limit this con- our country. is similar to a proposed amendment on which tribution, thereby increasing the vulner- I would like to read into the RECORD, you sought the views of the PWG last year, ability of our economy to potential future once again, a portion of a letter which we reassert the positions expressed in the stresses. The proposal would subject market partici- we have just received signed by the WPG’s response dated September 18, 2002, a copy of which is enclosed. The proposed pants to disclosure of proprietary trading in- Secretary of the Department of the amendment could have significant unin- formation and new capital requirements. We Treasury, John W. Snow; Alan Green- tended consequences for an extremely impor- do not believe a public policy case exists to span, Chairman of the Board of Gov- tant risk management market—serving busi- justify this governmental intervention. The ernors of the Federal Reserve System; nesses, financial institutions, and investors OTC markets trade a wide variety of instru- William H. Donaldson, Chairman of the throughout the U.S. economy. For that rea- ments. Many of these are idiosyncratic in son, we believe that adoption of this amend- nature. These customized markets generally U.S. Securities and Exchange Commis- do not serve a significant price discovery sion; and James E. Newsome, Chairman ment is ill-advised. We would also point out that, since we function for non-participants, nor do they of the Commodity Futures Trading wrote that letter last year, various federal permit retail investors to participate. Public Commission. They write: agencies have initiated actions against disclosure of pricing data for customized Dear Senators Crapo and Miller: wrongdoing in the energy markets. As you OTC transactions would not improve the Thank you for your letter of June 10, 2003, note, the CFTC has brought formal actions overall price discovery process and may lead requesting the views of the President’s against Enron, Dynegy, and El Paso for mar- to confusion as to the appropriate pricing for Working Group on Financial Markets on pro- ket manipulation, wash (or roundtrip) other transactions, as terms and conditions can vary by contract. The rationale for imposed Senate Amendment # 876 to S. 14, the trades, false reporting of prices, and oper- posing capital requirements is unclear to us, pending energy bill. As this amendment is ation of illegal markets. The Securities and and the proposal’s capital requirements also similar to a proposed amendment on which Exchange Commission, the Federal Energy could duplicate or conflict with existing reg- you sought the views of the PWG last year, Regulatory Commission, and the Depart- we reassert the positions expressed in the ulatory capital requirements. ment of Justice have also initiated formal The trading of these instruments PWG’s response dated September 18, 2002, a actions in the energy sector. Some of these arbitrages away inefficiencies that exist in copy of which is enclosed. The proposed actions have already resulted in substantial all financial and commodities markets. If amendment could have significant unin- monetary penalties and other sanctions. dealers had to divulge promptly the propri- tended consequences for an extremely impor- These initial actions alone make clear that etary details and pricing of these instru- tant risk management market—serving busi- wrongdoers in the energy market are fully ments, the incentive to allocate capital to nesses, financial institutions, and investors subject to the existing enforcement author- developing and finding markets for these throughout the U.S. economy. For that rea- ity of federal regulators. highly complex instruments would be less- son, we believe that adoption of this amend- The Commodity Futures Modernization ened. The result would be that the inefficien- ment is ill-advised. Act of 2000 brought important legal cer- cies in other markets that derivatives have And this next paragraph responds di- tainty to the risk management marketplace. arbitraged away would reappear. rectly to the allegations that there is Businesses, financial institutions, investors It is also unclear who would benefit from throughout the economy rely upon deriva- some manipulation in the market and the proposed disclosures and regulations tives to protect themselves from market vol- other than whoever simply copied existing there is a loophole there. They go on to atility triggered by unexpected economic products and instruments for their own say: events. This ability to manage risks makes short-term advantage. Weakening the pro- We would also point out that, since we the economy more resilient and its impor- tection of proprietary intellectual property wrote that letter last year, various federal tance cannot be underestimated. In our judg- rights in the market arena would undercut a agencies have initiated actions against ment, the ability of private counterparty complex of highly innovative markets that is wrongdoing in energy markets. surveillance to effectively regulate these among this nation’s most valuable assets.

VerDate Jan 31 2003 03:27 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.071 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7681 While the derivatives markets may seem the treatment of metals derivatives. I We know now that this lack of over- far removed from the interests and concerns have some concerns about this ap- sight has resulted in harm to con- of consumers, the efficiency gains that these proach. Metals, like energy, are com- sumers. Last August, the Federal En- markets have fostered are enormously im- modities of finite supply. They are ergy Regulatory Commission, FERC, portant to consumers and to our economy. equally susceptible to market manipu- We urge Congress to protect these market’s issued a report finding significant evi- contributions to the economy, and to be lation and should therefore be subject dence that Enron used its unregulated aware of the potential unintended con- to the same level of oversight. The leg- OTC electronic trading platform, sequences of current legislative proposals. islative process often requires com- Enron Online, to manipulate natural Yours truly, promise in order to make progress to- gas prices to increase its revenue. This PAUL H. O’NEILL, ward important policy goals, however, manipulation affected prices not only Secretary, Department and because I hope this amendment for Enron’s trading partners but indus- of Treasury. will result in significant progress in ad- try-wide, as reporting firms used price HARVEY L. PITT, dressing a problem created by the information displayed electronically Chairman, U.S. Secu- CFMA, I support it. on Enron Online as a significant source rities and Exchange The CFMA amended the Commodity Commission. of natural gas pricing data. And a re- Exchange Act in a number of positive ALAN GREENSPAN, cent report prepared by the Minority Chairman, Board of ways, based for the most part on the Staff of the U.S. Senate Permanent Governors of the recommendations of the President’s Subcommittee on Investigations, after Federal Reserve Sys- Working Group on Financial Markets a year-long investigation on crude oil tem. issued in 1999. The President’s Working price volatility, found that crude oil JAMES E. NEWSOME, Group recommended that certain prices are similarly affected by trading Chairman, Commodity transactions involving financial de- Futures Trading on unregulated OTC markets, and that rivatives be excluded from the CFTC’s the lack of information on prices and Commission. jurisdiction. The President’s Working Mr. CRAPO. Madam President, I en- large positions in OTC markets makes Group did not recommend a similar exit difficult if not impossible to detect courage my colleagues to vote against clusion for transactions involving en- price manipulation. This report con- the amendment. ergy and metals derivatives, or other cluded that routine market disclosure The PRESIDING OFFICER. Who commodities of finite supply. yields time? During 1999 and 2000, as legislation and oversight of the OTC energy de- The Senator from New Mexico. was being developed in the Senate, rivatives markets are essential to halt Mr. DOMENICI. Madam President, do there was discussion of the issue of manipulation before economic damage they have any time left on their side? oversight of energy and metals deriva- is inflicted upon the market and the The PRESIDING OFFICER. Fifty- tives markets, and Senator LUGAR who public. five seconds. was at the time chairman, and I both This amendment will provide the Mrs. FEINSTEIN. I yield our time to supported, in the committee, a version CFTC with the authority it needs to re- the Senator from Iowa. of the legislation that was consistent quire routine market disclosure and The PRESIDING OFFICER. The Sen- with the recommendations of the ensure effective oversight of the OTC ator from Iowa. President’s Working Group, and ex- energy derivatives markets and mar- Mr. HARKIN. Madam President, I cluded only financial derivatives—not kets for other ‘‘exempt commodities,’’ join Senator FEINSTEIN as a cosponsor energy and metals derivatives—from such as broadband and weather deriva- of her amendment to strengthen Fed- the CFTC’s jurisdiction. The bill codi- tives. The amendment clarifies that eral oversight of energy markets. I fied an exemption, with specific safe- the CFTC has anti-fraud and anti-ma- strongly support the amendment’s pro- guards, for certain commodities such nipulation authority over transactions visions enhancing the ability of the as energy and metals, but clearly rein ‘‘exempt commodities’’ other than Commodity Futures Trading Commis- tained the CFTC’s authority to inves- metals. This amendment is not regu- sion to investigate and punish fraud tigate and act against fraud and ma- latory overreaching by any means. It and manipulation in over-the-counter nipulation. just gives the CFTC the authority it markets in energy derivatives and de- The final version of the CFMA in- needs to establish adequate notice, rivatives based on other ‘‘exempt com- cluded in the omnibus appropriations transparency, reporting, record-keep- modities’’ under the Commodity Ex- bill in December 2000 differed from our ing, and other transparency require- change Act. committee bill regarding energy and ments which are the minimum needed As chairman of the Committee on metals derivatives markets. I sup- to allow the agency to effectively po- Agriculture, Nutrition and Forestry ported the CFMA, although I had some lice OTC markets in energy deriva- during the last Congress, I held a hear- concerns about its treatment of energy tives, and thereby detect and deter ing on the scope of the CFTC’s author- and metals products, because I thought fraud and manipulation of these mar- ity to insure market transparency and it had a number of very positive fea- kets. It also increases criminal and prevent fraud and manipulation in tures, and on the whole was a good bill. civil penalties for manipulation, in- markets in OTC derivatives based on I still believe so. It is important that cluding ‘‘wash’’ or ‘‘round trip’’ trades. ‘‘exempt commodities,’’ such as energy we not undermine the legal certainty It is clear that the impact of OTC en- and metals, following passage of the that legislation brought to the OTC de- ergy derivatives markets reaches well CFMA. Following that hearing, Sen- rivatives markets. I would not support beyond the immediate parties to the ator LUGAR and I worked closely with this amendment if I thought it would transactions. Derivatives play an in- Senator FEINSTEIN on an earlier do that. But I do believe it is impor- creasingly important role in the diversion of this amendment to improve tant to close the loophole that has reverse range of energy markets, which it. At the beginning of the 108th Con- sulted in an important segment of the are in turn critical to our overall econ- gress, Senator FEINSTEIN introduced S. overall OTC derivatives market—that omy. We must ensure the integrity of 509, incorporating the work we did is, derivatives based on energy and these markets and restore shareholder, within the Agriculture Committee last other ‘‘exempt commodities,’’ as the investor, and consumer confidence in summer and fall. The only difference CFMA defined them—being completely them. This amendment moves us in between S. 509 and this amendment is excluded from oversight. At the time of that direction, and I urge my col- that S. 509 was drafted to fill a gap in passage of the CFMA, many Members leagues to support it. oversight created by the CFMA and of Congress believed these exempt com- Madam President, this amendment fully and clearly affirm the CFTC’s au- modities would no longer be subject to basically closes a small loophole that thority to oversee trading in all ‘‘ex- most requirements of the Commodity was left in the Commodity Futures empt commodities’’—OTC energy and Exchange Act, but they certainly did Modernization Act passed in the year metals derivatives as well as deriva- not believe these commodities would 2000. We saw what happened with tives based on other commodities such be removed entirely from oversight by Enron. And what happened is, Enron as broadband and weather—whereas the CFTC or any other agency, which Online was used to influence energy this amendment now does not change is what has happened. prices far beyond Enron. This impacted

VerDate Jan 31 2003 04:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.034 S11PT1 S7682 CONGRESSIONAL RECORD — SENATE June 11, 2003 consumers not only on the West Coast The PRESIDING OFFICER. One NAYS—44 but in my State and all over the United minute 21 seconds. Akaka Durbin Levin States. Mr. DOMENICI. I yield the Senator Baucus Edwards Lieberman As a result, we looked at this amend- from Wyoming the remainder of our Biden Feingold Lugar Bingaman Feinstein McCain ment last year. Both Senator LUGAR time. Boxer Fitzgerald Mikulski and I looked at it. We had a hearing on The PRESIDING OFFICER. The Sen- Byrd Graham (FL) Murray it last year in the Agriculture Com- ator from Wyoming. Cantwell Harkin Nelson (FL) Chafee Hollings Reed mittee. Mr. ENZI. Madam President, I do Clinton Inouye Reid This amendment, I believe, does ex- Conrad Jeffords want to point out we debated this issue Rockefeller actly what we want it to do; that is, to Corzine Johnson a year ago. The conclusion was these Sarbanes make sure the Commodity Futures Daschle Kennedy are professionals dealing with profes- Dayton Kohl Schumer Trading Commission—— sionals. The people who have the over- Dodd Lautenberg Stabenow The PRESIDING OFFICER. The Sen- sight over it do have oversight and are Dorgan Leahy Wyden ator’s time has expired. taking advantage of that oversight. NOT VOTING—1 Mr. HARKIN. Madam President, I ask unanimous consent for 30 more sec- We also passed Sarbanes-Oxley in the Kerry onds to complete my sentence. meantime. And if the Feinstein amend- The motion was agreed to. Mr. DOMENICI. I object. ment were to be adopted, it would lead Mr. DOMENICI. Madam President, I The PRESIDING OFFICER. Objec- to some confusion over exactly who has move to reconsider the vote. tion is heard. jurisdiction. Mr. REID. I move to lay that motion Mr. DOMENICI. Madam President, I know this is an extremely difficult on the table. how much time is on this side? issue. This is my third time debating The motion to lay on the table was The PRESIDING OFFICER. Two it. I do know how to spell it now. But agreed to. minutes 39 seconds. it is a very complicated issue, and it is AMENDMENT NO. 880 Mr. DOMENICI. I have no objection. not something we ought to be doing in The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without a reaction that will result in over- ator from Tennessee. objection, it is so ordered. reaction. So I ask that we vote against Mr. ALEXANDER. Madam President, The Senator from Iowa. this amendment. I send an amendment to the desk and Mr. HARKIN. I just wanted to say, I yield the floor. ask for its immediate consideration. this gives the CFTC the authority The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The again to provide the oversight they ator from New Mexico. clerk will report. The legislative clerk read as follows: need to make sure we have integrity in Mr. DOMENICI. Madam President, I these markets for derivatives based on The Senator from Tennessee [Mr. ALEX- yield back any time we have on our ANDER], for himself, Mr. SANTORUM, Mr. energy, but also for derivatives based side. on other things, too, such as weather CORNYN, Ms. LANDRIEU, Mr. BINGAMAN, and The PRESIDING OFFICER. Time is Mr. DOMENICI, proposes an amendment num- and broadband. It is a step in the right yielded back. bered 880. direction to provide that oversight and Mr. DOMENICI. I move to table the Mr. ALEXANDER. Madam President, transparency. I thank the Chair. amendment and ask for the yeas and I ask unanimous consent that the read- The PRESIDING OFFICER. The Sen- nays. ing of the amendment be dispensed ator from Mississippi. The PRESIDING OFFICER. Is there a with. Mr. COCHRAN. Madam President, sufficient second? The PRESIDING OFFICER. Without what this amendment really does is There appears to be a sufficient sec- objection, it is so ordered. The amendment is as follows: transfer some new power and authority ond. to the Federal Energy Regulatory The question is on agreeing to the (Purpose: To require a report from the Sec- retary of Energy on natural gas supplies Commission to regulate some of these motion. and demand) highly sophisticated and important The clerk will call the roll. Page 52, after line 22, insert: markets. They have never done this be- The assistant legislative clerk called ‘‘SECTION . NATURAL GAS SUPPLY SHORTAGE fore. There is no expertise, background, the roll. REPORT. or experience in the Federal Energy Mr. REID. I announce that the Sen- ‘‘(a) REPORT.—Not later than six months Regulatory Commission to do the ator from Massachusetts (Mr. KERRY) after the date of enactment of this act, the things this amendment would have is necessarily absent. Secretary of Energy (‘‘Secretary’’) shall sub- them do. So that is not plugging a mit to the Congress a report on natural gas I further announced that, if present supplies and demand. In preparing the re- loophole. It may be creating a bigger and voting, the the Senator from Mas- port, the Secretary shall consult with ex- one. It may be counterproductive. That sachusetts (Mr. KERRY) would vote perts in natural gas supply and demand as is what I am suggesting the Senate ‘‘nay’’. well as representatives of State and local should consider. The PRESIDING OFFICER. Are there units of government, tribal organizations, Look at the letter that has been any other Senators in the Chamber de- and consumer and other organizations. As signed by Alan Greenspan, by John the Secretary deems advisable, the Sec- siring to vote? retary may hold public hearings and provide Snow, the Secretary of the Treasury, The result was announced—yeas 55, by the head of the Securities and Ex- other opportunities for public comment. The nays 44, as follows: report shall contain recommendations for change Commission. These are the peo- [Rollcall Vote No. 218 Leg.] federal actions that, if implemented, will re- ple who understand the impact of this sult in a balance between natural gas supply YEAS—55 amendment on our economy and on our and demand at a level that will ensure, to economic power in the world today. Alexander DeWine Murkowski the maximum extend practicable, achieve- This is serious business. I am hopeful Allard Dole Nelson (NE) ment of the objectives established in sub- Allen Domenici Nickles section (b). the Senate will look carefully. The Bayh Ensign Pryor ‘‘(b) OBJECTIVES OF REPORT.—In preparing amendment appears to grant FERC au- Bennett Enzi Roberts Bond Frist the report, the Secretary shall seek to de- thority with respect to derivatives, but Santorum velop a series of recommendations that will Breaux Graham (SC) Sessions it leaves a jurisdictional gap. The result in a balance between natural gas sup- Brownback Grassley Shelby amendment would replace regulatory Bunning Gregg Smith ply and demand adequate to— Burns Hagel certainty with regulatory uncertainty. Snowe ‘‘(1) provide residential consumers with Campbell Hatch It is a bad amendment and it ought to Specter natural gas at reasonable and stable prices; Carper Hutchison ‘‘(2) accommodate long-term maintenance be defeated. Chambliss Inhofe Stevens The PRESIDING OFFICER. The Sen- Sununu and growth of domestic natural gas depend- Cochran Kyl ent industrial, manufacturing and commer- Coleman Landrieu Talent ator from New Mexico. cial enterprises; Mr. DOMENICI. Madam President, do Collins Lincoln Thomas Cornyn Lott Voinovich ‘‘(3) facilitate the attainment of natural we have any time remaining on our Craig McConnell Warner ambient air quality standards under the side? Crapo Miller Clean Air Act;

VerDate Jan 31 2003 03:27 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.074 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7683 ‘‘(4) permit continued progress in reducing Alan Greenspan is usually a little dif- uid gas from overseas, we are worried emissions associated with electric power ficult to interpret when he testifies but it might blow up in big terminals on generation; and he was not difficult to understand on the sea coast. And hydrogen we all are ‘‘(5) support development of the preliminary phases of hydrogen-based energy tech- May 21 when he testified before the for but it is 20 years away. nologies Joint Economic Committee. This is The bottom line: We have contradic- ‘‘(c) CONTENTS OF REPORT.—The report what he said about natural gas: tory policies short term. This could shall provide a comprehensive analysis of In contrast, prices for natural gas have in- slow down our recovery and keep unnatural gas supply and demand in the United creased sharply in response to very tight employment high and hurt our jobs States for the period from 2004 to 2015. The supplies. Working gas in storage is presently long term. It could mean electric rates analysis shall include, at a minimum,— at extremely low levels, and the normal sea- go sky high and our manufacturing ‘‘(1) estimates of annual domestic demand sonal rebuilding of these inventories seems for natural gas that takes into account the jobs go to Mexico and China. We need to be behind the typical schedule. The cold- to take an honest, hard look at the effect of federal policies and actions that are er-than-average winter played a role in pro- likely to increase and decrease demand for ducing today’s tight supply as did the inabil- consequences of our failure to achieve natural gas; ity of heightened gas well drilling to signifi- a balance of natural gas and its alter- ‘‘(2) projections of annual natural gas sup- cantly augment net marketed production. natives, and I hope this report required plies, from domestic and foreign sources, Canada, our major source of gas imports, has by this amendment will help do just under existing federal policies; little room to expand shipments to the that. I will work with the chairman, ‘‘(3) an identification of estimated natural United States. Our limited capacity to im- gas supplies that are not available under ex- with the ranking member, to make cer- port liquefied natural gas effectively re- isting federal policies; tain our committee hearings help do stricts our access to the world’s abundant ‘‘(4) scenarios for decreasing natural gas that, as well. supplies of natural gas. The current tight do- demand and increasing natural gas supplies I yield the floor. mestic natural gas market reflects the in- comparing relative economic and environ- creases in demand over the past two decades. Mr. DOMENICI. Madam President, I mental impacts of federal policies that— understand that amendment will be ac- ‘‘(A) encourage or require the use of nat- That demand has been spurred by myriad new uses for natural gas in industry and by cepted on both sides. ural gas to meet air quality, carbon dioxide Mr. BINGAMAN. Madam President, emission reduction, or energy security goals; the increased use of natural gas as a clean- ‘‘(B) encourage or require the use of energy burning source of electric power. that is correct. We support the amend- sources other than natural gas, including I asked Mr. Greenspan to elaborate ment and urge its passage. coal, nuclear and renewable sources; on that, and I will not read all of his Mr. DOMENICI. The Senator from ‘‘(C) support technologies to develop alter- remarks but this is the way he began Louisiana asked if she might speak for native sources of natural gas and synthetic his response to my question on May 21: 1 minute. gas, including coal gasification technologies; Ms. LANDRIEU. I understand the ‘‘(D) encourage or require the use of energy Senator Alexander, I am surprised at how conservation and demand side management little attention the natural gas problem has amendment offered by my colleague practices; and been getting. Because it is a very serious from Tennessee will be accepted. That ‘‘(E) affect access to domestic natural gas problem. It’s partly the result of new tech- is good. It is a good amendment and supplies; and nologies employed in the areas of growing certainly should be part of this bill. ‘‘(5) recommendations for federal actions technologies and the whole exploratory pro- Since I am in the Chamber, I wish to to achieve the objectives of the report, in- cedures which embarked over the last decade speak a minute in support of the cluding recommendations that— or so. amendment and add to the record he ‘‘(A) encourage or require the use of energy He talked about our contradictory sources other than natural gas, including has so ably outlined. In one case in coal, nuclear and renewable sources; Federal policies. This is not some ab- Louisiana—and there are many cases, ‘‘(B) encourage or require the use of energy stract issue. The price of natural gas but in one case Louisiana Ammonia conservation or demand side management was $3.50 or so last summer. It spiked Producers has gone from, in 1998, 9 practices; to $9 or better in the winter. Today it companies employing more than 3,500 ‘‘(C) support technologies for the develop- is $6.25 or so. That affects the cost of people to 3 companies employing fewer ment of alternative sources of natural gas heating and cooling our homes, but it than 1,000 people. Part of the reason for and synthetic gas, including coal gasifi- affects our jobs in a big way. cation technologies; and this tremendous decline at a time when ‘‘(D) will improve access to domestic nat- For example, someone from a large we are trying to create jobs instead of ural gas supplies.’’. chemical industry in our State came to losing them is the rising price of nat- Mr. ALEXANDER. Madam President, see me a few weeks ago when gas prices ural gas. The price of natural gas, be- I offer an amendment on behalf of Sen- spiked up. The thousands of employees cause supplies are so tight, in the first ator SANTORUM, Senator CORNYN, Sen- there had taken a voluntary 3-percent quarter of 2003, was $5.91 a million ator LANDRIEU, Senator BINGAMAN, the cut in their pay. The management had Btu’s, a 129 percent increase over the ranking member of our committee, and taken a 6-percent cut in their pay. average price for the first quarter of Senator DOMENICI, the chairman of our They were worried about the price of the previous 10 years. committee has joined the amendment natural gas which is a raw material for The Senator from Tennessee is abso- as well, which I deeply appreciate. that chemical industry. lutely right. A commission to study This is an amendment about the It does not just affect the chemical ways to increase the supply of natural emerging natural gas crisis. It would industry. In California, for example, gas is critical and important if we are require the Secretary of Energy, within where not much coal is burned because going to keep the companies, large and 6 months from the date of enactment of it pollutes the air, natural gas effec- small, in this country competitive. this Energy bill, to submit a report on tively sets the price of electricity. So I yield the floor. natural gas supplies and demand. I this emerging crisis in natural gas af- Mr. DOMENICI. Madam President, I offer this amendment because I believe fects jobs in the whole economy, as we congratulate the Senator. The first it will help us deal with what I am have been debating. comment was on a question the Sen- afraid is an emerging natural gas cri- There are answers but we have con- ator put to Dr. Greenspan and his re- sis. If that were to occur, we would be tradictory policies. We have plenty of sponse about being surprised at how able to protect our jobs, heat or cool gas but no access to the gas. We have a little attention was being paid to mat- our homes at reasonable costs, and lot of alternatives, and we are trying ters. We are quite proud that this com- clean our air to the standard that we to encourage them, but when we talk mittee started paying attention to nat- wish. about windmills, we think we may ural gas as soon as we convened this As chairman of the Subcommittee on want a limit on the number of wind- year. Our first hearings indicated, Energy, working with our chairman of mills we want to see. When we talk through our experts, that we were the full committee, I intend to help about nuclear, we have very close votes going to have a serious shortage. We schedule hearings as soon as possible because people are skeptical about nu- were questioning even then; that was on this emerging crisis. This report and clear power. When we talk about coal, only 3 or 4 months ago. these hearings should help us take a it pollutes the air. When we talk about We have nothing further. hard, honest look at what we do short drilling more oil, we vote no about The PRESIDING OFFICER. If there term and long term. going to Alaska. When we consider liq- is no further debate, the question is on

VerDate Jan 31 2003 03:27 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.035 S11PT1 S7684 CONGRESSIONAL RECORD — SENATE June 11, 2003 agreeing to the amendment of the Sen- number of sections from the Bingaman- strong concerns about the diminish- ator from Tennessee. Inouye bill. Most of these measures ment of environmental review for trib- The amendment (No. 880) was agreed were included as part of last year’s al energy resource development to. Senate-passed Energy bill and were projects. They have expressed their Mr. DOMENICI. I move to reconsider generally agreed to in the House-Sen- views in a letter dated June 9 of this the vote. ate conference without controversy. year. In that letter they wrote: Mr. BINGAMAN. I move to lay that Unfortunately, as we all know, those While we understand that this provision is motion on the table. sections did not become law. intended to promote the worthy goals of The motion to lay on the table was Notwithstanding the general support tribal self-determination and sovereignty, agreed to. that exists for the Indian energy title we are concerned that it goes too far in fa- Mr. REID. Madam President, staff is in this bill, there is one section that is cilitating significant development activity retyping the proposed agreement, but fairly controversial. That is the subject without ensuring that adequate protections of our amendment. It is section 2604. It exist for affected communities and adjacent to save time I wonder if we could go to lands. Section 2604 represents a significant the Bingaman amendment. Originally, would authorize tribes to enter into change in the law that could have serious the plan was to vote on Bingaman and leases and business agreements and implications for the States that we rep- the Burma matter after debate was issue rights-of-way for energy develop- resent. We therefore urge the provision be completed on both issues. We have an ment projects on tribal lands without amended to ensure that significant energy objection on our side to doing that. We the separate approval of the Secretary development activity on tribal lands con- could go to the Bingaman amendment of the Interior. These leases and busi- tinues to be subject to meaningful environ- immediately, have 40 minutes of debate ness agreements and rights-of-way mental review, including an ability for State would involve a broad range of energy and local governments to participate in the equally divided, then following that process. have a vote on or in relation to the projects, including oil and gas extrac- Bingaman amendment, and then go to tion, powerplants development and The concern expressed by those at- the Burma matter after that. construction, and even some mining torneys general and the counties underscores the fact that without some Mr. DOMENICI. I ask Senator CAMP- activity would be covered under the applicable Federal law related to the BELL if that is all right. language in the bill. This activity Mr. CAMPBELL. That is fine. could take place on any tribal trust significant development activity con- Mr. DOMENICI. We have no objec- lands, not just those on reservation but templated under this section 2604, it is tion. also lands that have been designated as unclear what standard is to apply. Some have argued that tribal lands AMENDMENT NO. 881 tribal trust lands off reservation. There are many of those, as we know. should be treated just as private lands (Purpose: To provide for a significant envi- are and tribes should be free, as private ronmental review process associated with There is no disagreement on whether the development of Indian energy projects, we should allow tribes to exercise more landowners are, to go forward with de- to establish duties of the federal government control over development on tribal velopment projects. In my view, that is to Indian tribes in implementing an energy lands. There is, however, a disagree- not a good analogy because private development program, and for other pur- ment on how we go about that. lands are subject to State and local poses) The present language in section 2604 laws; tribal lands are not. We are all Mr. BINGAMAN. I send an amend- raises two significant issues. The first aware that a private landowner has re- ment to the desk and ask for its imme- is that by eliminating the Secretarial quirements by virtue of State and local diate consideration. approval of leases and agreements and law that do not apply on tribal lands. The PRESIDING OFFICER. The rights-of-way, section 2604 eliminates Tribal law can and should apply to en- clerk will report. the ‘‘major Federal action’’ determina- ergy development on tribal lands, but The legislative clerk read as follows: tion that triggers the application of at the same time Congress has a re- The Senator from New Mexico [Mr. BINGA- the National Environmental Policy sponsibility to ensure that certain Fed- MAN], for himself, Mr. INOUYE, and Mr. Act, NEPA. This effectively waives the eral parameters are in place. DASCHLE, proposes an amendment numbered analysis and the public participation The second issue that is raised by 881. requirements that are in that law. It this section 2604 is that the language in Mr. BINGAMAN. Madam President, I thereby reduces the ability to protect the section undermines the Secretary’s ask unanimous consent that the read- the interests of both those residing on trust responsibility to Indian tribes. A ing of the amendment be dispensed reservations and those residing in adja- number of tribes have expressed strong with. cent communities. concerns about the language which ap- The PRESIDING OFFICER. Without While a substantial environmental pears to change the traditional trust objection, it is so ordered. review process is included in section relationships between the Federal Gov- (The amendment is printed in today’s 2604, it is limited in the range of im- ernment and Indian tribes. Tribal con- RECORD under ‘‘Text of Amendments.’’) pacts that require review. It does not cern is driven by a decision 3 months Mr. BINGAMAN. Madam President, require the implementation of mitiga- ago by the U.S. Supreme Court in the this is an amendment I am offering on tion measures. It does not require any case of United States v. Navajo Nation. behalf of myself and Senator INOUYE. It changes in response to the concerns of The Supreme Court specifically ad- is an amendment that will make sev- affected tribal members or the con- dressed the Federal trust responsibility eral changes in section 303 of the In- cerns of local communities. and the standard for ensuring that dian energy title in this legislation Obviously, eliminating NEPA is a statutes affecting Native Americans that is pending before the Senate. concern to many national and local en- contain fiduciary duties by which the First, a little background on these vironmental groups and also to some Federal Government as trustee can be issues so my colleagues understand Native American organizations that held accountable for its actions that what is at stake. Title III of S. 14 con- have weighed in with strong letters on may have serious and negative impacts tains a very strong Indian energy title. the issue. It is also of concern to the on tribal interests. It would provide tribes with the finan- counties around the country. In a let- Section 2604, the subject of our cial and technical assistance they need ter dated May 14 of this year, the Na- amendment here, as currently drafted to help them develop and utilize energy tional Association of Counties is call- does not meet the standards estab- resources on Indian land. ing for section 2604 to be modified so lished by the Supreme Court. In fact, it This title III represents a combina- that a NEPA analysis is completed for goes in the opposite direction. It dition of sections from two separate each new energy project that goes for- minishes the Federal Government’s bills. One was introduced by Senator ward on Indian lands. trust responsibility and accountability CAMPBELL; the other was introduced by There is a bipartisan group of attor- to tribes. This is inconsistent with the Senator INOUYE and myself. I very neys general representing the States of current Federal policy of tribal self-de- much appreciate the willingness of the Arizona, New Mexico, Nevada, North termination and self-governance. These majority to work with us and include Dakota, Utah, Wyoming, and Con- policies, in effect since the landmark in the bill now before the Senate a necticut that have also expressed Indian Self-Determination Act of 1975,

VerDate Jan 31 2003 03:27 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.080 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7685 clearly preserved the Federal trust re- also established Secretarial duties to ican unutilized oil, natural gas, coal, sponsibility and accountability to the tribes in implementing section and other minerals are under Indian tribes while facilitating tribal control 2604. In light of the United States v. land now. We are talking about a peo- over Federal Indian programs. Navajo Nation decision, we view this ple who have 70 percent unemployment The amendment Senator INOUYE and language as necessary to maintain a in some cases, so they definitely need I are offering addresses both the envi- trust relationship in which the Federal the jobs and help as well as America ronmental review question I talked Government has some accountability needs the energy to become less de- about and the trust responsibility to the tribes electing to enter into pendent on foreign energy. issues, as well as other miscellaneous agreements under section 2604. The lan- In any event, let me go through the matters, in the hope that we can im- guage we are proposing to add is taken Bingaman amendment a little, if I prove the final Indian energy title from directly from the existing self-deter- may. We spoke about 2604 primarily. As a tribal perspective, from an environ- mination law and therefore relies on I understand it, and as I believe, Sen- mental perspective, from a State per- longstanding precedent. ator BINGAMAN’s amendment would spective, and from a local perspective. Finally, our amendment includes a force the statutory NEPA equivalent With respect to the environmental number of minor changes that are upon all tribes. As it is now, some are issue, the amendment does the fol- technical. I believe it is a good, con- not required to go through NEPA, as I lowing four things: structive improvement to the bill, and just mentioned. No. 1, it ensures sufficient time for I urge my colleagues to support it. Also, it will create an unfunded man- the Secretary to review the proposed Madam President, let me ask, how date that will completely defeat the tribal energy resource agreements much time remains on our side? goal of facilitating energy development without a waiver of Federal environ- The PRESIDING OFFICER. The Sen- on tribal lands and diminish tribal sov- mental laws. ator has used 10 minutes. ereignty. No. 2, it improves the environmental Mr. BINGAMAN. I reserve the re- I take strong issue with another as- review process so that it is comparable mainder of my time and yield the floor. pect of the Bingaman amendment hav- to the standards required under NEPA, The PRESIDING OFFICER. Who ing to do with the liability of the while maintaining tribal control over yields time? United States for tribal decisions. that review. The Senator from Colorado. Under title III, along with the power to No. 3, it removes language limiting Mr. CAMPBELL. Madam President, I create approved leases, agreements, who can petition for a review of the im- rise in opposition to the Bingaman and rights-of-ways without Secretarial plementation of tribal energy resource amendment. I will try to go through approval, the tribes have the responsi- agreements. this as quickly as I can because I know bility for the decisions they make. Mr. BINGAMAN’s amendment in effect No. 4, it requires Congress to review Senator DOMENICI also wants to speak. and reauthorize this section of the pro- On Thursday I introduced an amend- de-links the two, eliminating the lan- gram 7 years from now, without it just ment and withdrew it yesterday. That guage that says the Secretary will not continuing indefinitely. amendment was supported by the Na- be liable for losses arising under the With respect to trust responsibility, tional Congress of American Indians, terms of the leases the tribe negotiates the amendment deletes language that which is over 300 tribes, the Council of on its own. That would mean he would would prevent the tribes from asserting Energy Resource Tribes, which rep- keep the Secretary on the hook for claims against the Secretary of the In- resents 50 additional tribes, and the those losses arising from lease terms terior related to the Secretary’s ap- U.S. Eastern and Southern Tribes, negotiated by the tribe, even though the Secretary had nothing to do with proval of tribal energy resource agree- which represents 50. It was supported the negotiations. I don’t think that is ments. It also eliminates a broad waiv- by five New Mexico Pueblos, including very good policy, frankly. er that limits the liability of the the Jicarilla Apache Tribe of New Mex- Paradoxically, Senator BINGAMAN’s United States for any losses associated ico, the National Tribal Environmental with the leases or with agreements or amendments would give the Secretary Council, which represents 180 tribes, of the Interior authority to negotiate a with rights-of-way. and the U.S. Chamber of Commerce. The language being eliminated is un- tribe’s remedies against the United I pulled that back yesterday to refine States for breach of its duties under acceptable to a large number of Indian some of the language but will be re- tribes. Because of the language, the the tariff on a tribe-by-tribe basis. introducing it shortly—tomorrow or as I know of one tribe—I believe two Navajo Nation, the largest tribe in our soon as I can, as soon as we revise a lit- country and the one involved in this now—the Navajo, that supported the tle bit of the language. Bingaman amendment but opposes this recent Supreme Court decision that I Let me point out this chart I have described, stated in a letter they sent one. But I think it has very little to do over here. Under existing law, current with section 2604. It has more to do to us dated June 4 that the ‘‘tribal en- law, we have a real disparity among ergy proposal must be defeated.’’ with court cases recently which did not tribes. Tribes are treated like individ- go their way. As I understand it, they The letter goes on to say that the uals in that, if they own land and want language, if successfully included in really want some language that would to develop the land for minerals or oil effectively bail them out of losing that the bill: or gas, they could do it without com- . . . would be a virtual endorsement by the court case. plying with NEPA as individual owners The vast majority of tribes support Indian tribes’ trustee itself [of course, that is or States can. If the Secretary gets in- the Federal Government], of the fraud, dis- the amendment that I introduced the honesty, and unethical treatment that was volved by virtue of the tribe signing other day. the subject of the Navajo Nation’s claim some agreement with an outside enti- I think it is a particularly dangerous against the United States, and would open ty, she has to then approve the lease or idea. In some instances, speaking of the door for future similar conduct by fed- not approve the lease. the Secretary’s obligations, the Sec- eral officials. What has happened is that wealthy retary might effectively negotiate The Jicarilla Apache Tribe, in a let- tribes have had the ability to develop away her obligations, although by inter dated April 28, stated that the pro- their own resources. I live on one res- cluding a provision that says the tribe visions currently in the bill ‘‘are incon- ervation, the Southern Ute Reserva- will have no remedies against the sistent with the United States’ trust tion, and they do that; they don’t have United States, the Bingaman amend- relationship with Indian tribes . . .’’ to comply with NEPA. Most tribes are ment expressly allows her to do that This is a quotation from their letter. not that wealthy and have to seek an without limitation. They go on to say they would ‘‘actually outside partner. Basically, that puts Do the obligations referred to in the turn the current legal and political re- them at a terrific disadvantage for de- Bingaman amendment include the lationship between Indian tribes and veloping their own resources. trust obligation? They must because the United States Government on its I will not go into all resources now there are no obligations on the part of head.’’ under Indian land because I did go the Secretary mentioned in his amend- In addition to deleting most of the through that the other day, but it is ment other than duty to conduct an- offending language, our amendment very clear that a great deal of Amer- nual trust evaluations.

VerDate Jan 31 2003 03:27 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.083 S11PT1 S7686 CONGRESSIONAL RECORD — SENATE June 11, 2003 I point out that in the amendment I friends in the tribe who are very will- which is the one I mentioned that I in- offered the other day, in section 2604 ing to do that. troduced and pulled back and which I there was some question about whether Very frankly, when we talk about the am going to reintroduce, and which al- it decreased trust responsibility. I responsibility of the Federal Govern- ready has the support of the vast ma- know my colleagues can read as I can. ment to Indians, let me go back a little jority of Indian people in this Nation. Let me read, on page 14, section (6)(a), bit and refresh my colleagues’ memory I yield the floor. I thank my col- line 19: about how tough they have had it in league, Senator DOMENICI, for giving Nothing in this section shall absolve the this Nation. me time. United States from any responsibility to In- This Government, as you know, took Mr. DOMENICI. Mr. President, how dians or Indian tribes, including those which by hook or crook—and usually at gun- much time do we have on our side? derive from the trust relationship or from point—roughly 98 percent of all the The PRESIDING OFFICER. Ten min- any treaties, Executive Orders, or agree- land from the American Indians. This utes 30 seconds. ments between the United States and any In- dian tribe. Government also reduced the very Mr. DOMENICI. I will use 7 minutes The Secretary shall continue to have trust proud, independent people to the poor- and leave 3 minutes. obligation to ensure the rights of an Indian est ethnic group in America with the First, I congratulate the distin- tribe are protected in the event of a viola- highest unemployment rate, the high- guished Senator CAMPBELL from the tion of Federal law or the terms of any lease, est degree of poor health, the highest State of Colorado. I don’t believe I business agreement or right-of-way under high school dropout rate, and the high- could say it any better. this section or any other party to any such est suicide rate among any other In a nutshell, the Bingaman amend- lease, business agreement or right-of-way. group. This Government also has time ment is not good for the Indians in the Under the amendment which I intro- and again told the Indians: We know United States. If we are crafting a bill duced and which I will reintroduce, what is best for you whether you like here that says we want them to de- these trust responsibilities are very it or not. velop their energy resources, the well protected. That is basically what I think the amendment before us takes the unprec- Finally, Senator BINGAMAN’s amend- Bingaman amendment does. We will edented step of applying the NEPA ment would sunset section 2604 in 7 stifle your religious beliefs, destroy process to the Indian tribes just as if years. I think that has somewhat of a your culture, relocate and relegate you chilling effect. First of all, if a tribe they were the Federal Government. to a life of poverty and deprivation, as This amendment goes well beyond wants to avail itself of section 2604 as an alternative to the status quo, it will happened in the 1950s under the Termi- current environmental regulations and have to make considerable effort to de- nations Act and the Relocation Act. adds unnecessary regulations and costs velop this relationship and agreement We will drive you through a time bor- to the tribal energy projects. to demonstrate its capacity to be able dering on ethnic cleansing, and we will This proposal is opposed by numerous to develop its minerals resources. not let you be a citizen in your own Indian tribes and tribal associations Under the Bingaman amendment, the land—until 1924. That is when Indians that are already burdened by the lease alternative procedure would evaporate got the right to vote in the United approval process through the Federal in 7 years. Very frankly, the tribe ad- States. bureaucracy. vances to self-determination would Through all of those years, the few I will read a list of Indian tribes and evaporate right with it. I think that threads of hope Indians clung to were associations that I would assume do would effectively prevent any tribe that they would not lose what little not favor the Bingaman amendment from pursuing the section 2604 alter- they had left. And a few things that because they were in favor of the natives. gave them hope were closely held be- amendment alluded to by the distin- Senator BINGAMAN, as I understand liefs about so-called Mother Earth, guished Senator, Mr. CAMPBELL, with his amendment, believes that section their belief in a creator, and that all whom I was going to cosponsor, for 2604 effectively waives NEPA. It does things will get better. And one in par- they all refer to it: not. The language in the amendment ticular was that U.S. Government The National Congress of American expressly states that the Secretary promise; that promise is called ‘‘trust Indians, the Council of Energy Re- must review the direct effects of her responsibility.’’ source Tribes, National Tribal Environ- approving agreement under the provi- For the past 30 years, since the Nixon mental Council, Southern Ute Tribe, sions of NEPA. That means even Doctrine of Self-Determination, Amer- Cherokee Nation, Chickasaw Nation, though the tribe, when it is making ican Indians have been making small Native American Energy Group, Mohe- agreements with an outside entity, will strides. But in their culture, they are gan Tribe, Five Sandoval Indian Pueb- have to comply with NEPA upfront, be- rather big gains considering how far los, Dine Power Corporation, Jicarilla fore the Secretary can approve that they have come. It has been an endless Apache Nation, and the U.S. Chamber agreement, she has to subscribe and struggle to try to share in the same of Commerce. conform to all NEPA provisions. American dream that Members of this I ask unanimous consent that this The other provisions in the section body take for granted. list be printed in the RECORD. require an opportunity for public and In my view, the Bingaman amend- There being no objection, the mate- local governmental input and comment would literally strip tribes of 30 rial was ordered to be printed in the ment. years of that direction of self-deter- RECORD, as follows: The Senator mentioned some opposi- mination and would circumvent the TRIBAL LETTER SUPPORTING CAMPBELL/ tion from local communities. This is trust responsibilities this Government DOMENICI AMENDMENT TO TITLE III also taken care of under 2604, and it has to tribes because it would force the 1. National Congress of American Indians must ensure compliance with all appli- statutory equivalent of NEPA on all (NCAI)—Is the largest and oldest Tribal or- cable environmental laws in 2604. decisions they make with their own ganization. The Bingaman amendment also land. As I mentioned, it is an unfunded 2. Council of Energy Resource Tribes states that there is a tribal concern for mandate. (CERT)—Represents over 50 tribes interested I say to my colleagues in this body in developing energy resources. section 2604 as it undermines the trust 3. National Tribal Environmental Coun- responsibility. I have already dealt that if you want to keep American In- cil—Represents 180 tribes on environmental with that. dians on their knees, unable to provide matters. But, clearly, the United States is jobs for their families and facing a 4. Southern Ute Tribe (Colorado). only held harmless from losses arriving dead end future, then vote for the 5. Cherokee Nation (Oklahoma). from terms negotiated by a tribe oper- Bingaman amendment. If you believe 6. Chicasaw Nation (Oklahoma). ating under an approved agreement. that fairness should be right for all 7. Native American Energy Group (Wyo- Americans, including Indians, to do ming). Hopefully, as we move forward, we will 8. Mohegan Tribe (Connecticut). be able to deal with the Navajo prob- best what they can with their own re- 9. Five Sandoval Indian Pueblos (New Mex- lem. sources and for their own people, vote ico). I understand the Navajo. It is a very against the Bingaman amendment and 10. Dine Power Corporation—A Navajo Cor- important tribe. And I have many help me craft a better alternative, poration (New Mexico, Arizona).

VerDate Jan 31 2003 03:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.086 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7687 11. Jicarilla Apache Nation (New Mexico). Secretary to negotiate all remedies to ereignty of the Indian nations, a sov- 12. U.S. Chamber of Commerce. the Secretary’s trust responsibility in ereignty that existed well before the Mr. DOMENICI. Mr. President, the the energy resource agreement. U.S. Government was formed, and it is amendment will do the following: As I read it this will give the Sec- memorialized in the United States It will force the tribes to pay the cost retary authority to drive a hard bar- Constitution. of NEPA, extend the bureaucratic gain with individual tribes that are This trust relationship that has al- delays of energy projects, and diminish desperate to gain the Secretary’s ap- ways formed the course of dealings be- tribal sovereignty. proval of their energy resource agree- tween the U.S. and Indian tribes is well There isn’t a tribe in the country ment. Of course, this will vary from understood and beyond debate. The that would volunteer for this program tribe to tribe and further confuse the United States holds legal title to lands because it doesn’t do anything to im- trust issues. that it held in trust for Indian tribes. prove their current process. So why I believe a more simple solution is to Accordingly, activities affecting Indian would they volunteer to join it? ensure that tribes take full responsi- lands and resources have always been I am confused by the purpose of the bility for the leases and business agree- subject to approval by the Secretary of amendment. If the intention is to man- ments they negotiate. The Secretary the Interior Department, acting as the date that the tribes comply with NEPA will not be liable for anything she is principal agent for the United States. for every single lease or permit, why not a party to, but will continue to That is the law of the land. not offer an amendment to strike the conduct annual trust evaluation to en- In the Congress, we have always un- entire Indian energy title and argue for sure that the assets are protected. derstood the United States trust re- the status quo? Such a solution as included in the sponsibility as being derived from trea- This amendment goes far beyond ex- Campbell amendment has the support ties, statutes, regulations, executive isting law and expands NEPA beyond of many tribes. orders, rulings, and agreements be- the scope of the Federal Government to I am not aware that the administra- tween the Federal Government and In- cover tribes, independent of any Fed- tion has reviewed the Bingaman dian tribal governments. We have leg- eral action. amendment and I am not aware of how islated on this basis. The courts have By requiring an environmental im- issued rulings on this basis. And until pact statement to be performed for many tribes support Senator BINGA- MAN’s amendment. recently the executive branch has pre- every lease, it will impose a cost of mised policy on this basis and promul- hundreds of thousands of dollars to be The current system has failed to stimulate investment on Indian land, gated regulations on this fundamental financed by the tribes. A cost they principle of law. should not have to afford. despite the resource potential. The Bingaman amendment will only However, in the arguments before the If adopted, the amendment would en- U.S. Supreme Court earlier this year, courage the generation of paper, not exacerbate this problem and continue to restrict the quest for Tribal self-de- the Government took the position that the generation of natural gas and crude the duties of the U.S., as trustee for In- oil and coal, which I thought we were termination. I urge my colleagues to oppose the dian lands and resources, exist only as here supposed to do. they may be spelled out in statute, and The objective of title III has to be to Bingaman amendment. I will state, I would not be offering are legally enforceable only if a statute help the tribes by streamlining current provides a remedy for any breach of the lease approval processes that have these kinds of remarks in any normal situation regarding the relationship be- trust. hampered investment and the develop- The Supreme Court accepted the tween the Indian people, the Federal ment of the Indian tribal lands as far Government’s argument that the du- Government, and third parties. But as energy is concerned. ties of the trustee must be spelled out Senator CAMPBELL and I have worked clearly when you have an energy bill, in statute, but ruled that as long as the closely with the tribes to craft a care- and the purpose of the bill is to have a Government had complete manage- ful compromise that will protect the section in it that will encourage, will ment control over the trust land or trust responsibility of the Secretary cause, will say to the Indian people, we trust resources at issue, then the trust- and the environment. That bill will be want you to be players, participants, ee’s duties could be legally enforced offered later, but it is not the bill pend- owners of energy, so that you can be and there could be a damage remedy ing before the Senate. It is a bill you part of America’s energy solutions and for a breach of the Government’s trust will know because it will bear the become owners in that solution, then I duties. name of the distinguished chairman of think we cannot adopt the laws that Tribal governments are also paying the Committee on Indian Affairs, Sen- are as restrictive as the ones proposed keen attention to the arguments that ator CAMPBELL. in the amendment that is pending. are being advanced by the Government The Secretary’s approval of the I yield the floor. in pending legislation over the man- tribes’ energy resource agreement will The PRESIDING OFFICER (Mr. agement of funds which are held in trigger NEPA if the Secretary of the GRAHAM of South Carolina). The Sen- trust by the United States for indi- Interior believes it will have a signifi- ator from Hawaii. vidual Indians and Indian tribes. Most cant impact on the environment. Once Mr. INOUYE. Mr. President, I rise of us have heard of the assertions in an energy resource agreement is ap- this moment to speak in favor of an this case in which it maintained that proved, tribes will not be required to amendment proposed by my dear friend the Government is unable to account seek Secretarial approval but will be from New Mexico, Senator BINGAMAN. for more than $2 billion in Indian trust required to comply with relevant envi- I find it rather uncomfortable and funds. ronmental laws, just like any other sad that my remarks may be counter With the Government’s advocacy for landowner. to that of my colleague from New Mex- a new perspective on the United States Senator CAMPBELL and I have worked ico, my dear friend, Mr. DOMENICI, and trust responsibility, it is readily appar- with tribes to ensure that the trust re- my colleague, the chairman of the In- ent why the eyes of Indian country are lationship between tribes and the Sec- dian Affairs Committee. sharply focused on the tribal provisions retary of the Interior is protected. Mr. President, as you know, there is of this bill and the amendments that This proposal is embodied in the a longstanding relationship between are the subject of our discussion today. Campbell-Domenici amendment which the United States and the sovereign In- Native America wants to see what will be offered at a later date. dian nations that won exercise, exclu- position the Congress will adopt as it The Bingaman amendment, however, sive dominion, and control over lands relates to the ongoing viability of the would require the Secretary of the In- that now comprise our great country. trust relationship. They are closely terior to take full responsibility for all The large body of Federal Indian law scrutinizing our words and our actions liability incurred by tribes—even if the is known as trust responsibility, and it in the context of this measure to deter- Secretary wasn’t party to the negotia- was first given expression by the Chief mine whether they signal a departure tions. That simply doesn’t make sense. Justice of the United States Supreme from the traditional and well-estab- However, a separate and conflicting Court, John Marshall, in 1832. This re- lished principles of the United States provision in this amendment allows the lationship is premised upon the sov- trust responsibility.

VerDate Jan 31 2003 04:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.038 S11PT1 S7688 CONGRESSIONAL RECORD — SENATE June 11, 2003 That is why I believe it is incumbent The PRESIDING OFFICER. It is the money, as Senator DOMENICI men- upon us to make sure we understand understanding of the Chair that no tioned, to subscribe to NEPA even be- what is at stake in this debate. There agreement has been reached about the fore they reach an agreement. They has always been, and likely always will time limit on this amendment. don’t have the money to do that. All it be, a tension between a greater meas- Mr. CAMPBELL. Mr. President, I is going to do is prevent tribes from ure of tribal control and a diminished will just make a couple of comments. moving forward in this Nation. Federal presence in Indian country, Senator INOUYE and I have been friends I have no further comments. I yield one that has to be reconciled in each for a great number of years. When he the floor. distinct area. But the reality is that as was chairman, and now as the ranking Mr. DOMENICI. Mr. President, I long as the United States holds legal member, we have worked on an awful thought we agreed to 20 minutes on title to Indian lands, the Federal Gov- lot of Indian legislation together. each side. ernment and tribal governments will With all due respect, I think he Mr. BINGAMAN. That is my under- have to work together on these mat- might be mistaken about what 2604 did. standing. I was hoping we would have a ters. In fact, maybe something else, too, and vote right away. How much time re- Not all tribal governments have man- that is simply this. Tribes, generally, if mains on each side? aged their resources, and not all of they are not absolutely sure of them- The PRESIDING OFFICER. The ma- those who do seek to develop those re- selves when they enter into agree- jority has consumed 20 minutes. sources. But for those that do, we well ments, or when they are dealing with Mr. DOMENICI. They want to set it understand that they would want to re- the Federal Government, hire pretty aside and go to the Burma measure. We duce the amount of time that is cus- sophisticated attorneys to do the re- had 20 minutes on each side, but they tomarily involved in securing the Sec- search for them. All of these different want to proceed to the Burma debate retary’s approval of leases of tribal groups, including the National Con- and vote, stacked, with yours going land and grants of right of way over In- gress of American Indians, rep- first. dian lands. resenting over 300 tribes; the Council of Can this be accomplished without al- Mr. BINGAMAN. I thought the agree- Energy Resource Tribes, representing ment was that we would have a vote on tering or diminishing the trust rela- over 50 tribes; the U.S. Eastern and tionship? I believe it can. The tribal in- ours. Southern Tribes, representing over 50 Mr. DOMENICI. They want to stack dustry resource agreements that are tribes; the Pueblos of New Mexico; the authorized, the amendment that we them. Jicarilla Apache Tribe of New Mexico; Mr. REID. Mr. President, we entered consider today, can serve as an instru- and the National Tribal Environmental ment for defining and adapting this re- into an agreement, and we all thought Council have had attorneys look at 2604 there was going to be a vote following lationship to accommodate the unique and, clearly, none of them has said circumstances of each tribe’s energy this 40 minutes of debate. The majority anything about erosion of trust respon- leader was not part of that agreement. resource development objectives. sibility because—and I mentioned ear- But should the United States trust In deference to him, we will not push lier—it is stated in 2604, on page 14, responsibility for Indian lands and re- our 40-minute vote. We will agree to go line 18 through page 15, line 3, that, if sources be waived? I am not aware of to that. That time is gone now, isn’t it? anything, tribal trust relationship is any tribal government that supports The PRESIDING OFFICER. The ma- strengthened under 2604, which is the an unlimited waiver of the United jority has used 20 minutes. amendment I introduced the other day States trust responsibility. Certainly, Mr. BINGAMAN. We were anxious to and am going to reintroduce. get a vote. Senator SCHUMER wanted to one of the largest land-based tribes in Unlike the Bingaman amendment, be here for a vote. He had to leave. He the United States, the Navajo Nation, which I think, frankly, weakens trust indicates he will have to leave. has made it clear that it will not coun- responsibility—as near as I can tell, Mr. REID. He has left. tenance such a waiver. the language in his amendment weak- Indian country has a long history and ens it. That is one of the questions: Mr. BINGAMAN. I request that we do a long memory. That history docu- which one strengthens it and which one our vote so he can be here later on. Is ments the sad reality that there have weakens it? My belief is that 2604 that acceptable? been too many times in the past when would be strengthened with the lan- Mr. DOMENICI. What was the re- those who did not have the best inter- guage I will be reintroducing. quest again? ests of Indian country in mind have ex- The other one is NEPA. I do not be- Mr. BINGAMAN. Mr. President, I ploited tribal lands and resources and lieve, frankly, that tribes are off the suggest the absence of a quorum. then walked away. hook for NEPA unless they want to de- The PRESIDING OFFICER. The In those instances, tribal govern- velop resources with their own money clerk will call the roll. ments and the United States shared a on their own land without outside The assistant legislative clerk pro- common interest in addressing the agreements or Secretarial approval. ceeded to call the roll. damage to tribal lands and in pursuing Once the Secretary looks into it, or Mr. BINGAMAN. Mr. President, I ask those who caused the damage. unanimous consent that the order for Mr. President, I think it is clear that agrees to take it up after they have reached some negotiated agreement, the quorum call be rescinded. the provisions of this title as currently The PRESIDING OFFICER. Without formulated, and if not further amend- she has to conform with all NEPA requirements. That is clear in 2604. No- objection, it is so ordered. ed, will foreclose the cause of action Mr. BINGAMAN. How much time when there is damage to tribal lands. body is off the hook from NEPA for trust responsibility. would remain on our side if we had en- So I join my colleague, Senator BINGA- One more thing. Under 2604, which tered into that agreement? MAN, in sponsoring this amendment be- hasn’t been mentioned, and the amend- The PRESIDING OFFICER. Two cause I believe strongly in Federal In- ment that I introduced and will re- minutes. dian responsibility for Indian lands, introduce, no tribe needs to participate Mr. BINGAMAN. I will use those 2 and the resources must be maintained in this agreement at all. It is totally minutes. and strengthened, not diminished. I yield the floor. voluntary, tribe by tribe. Senator Mr. President, the underlying bill, The PRESIDING OFFICER. Who BINGAMAN mentioned that the Navajo which we are trying to amend here, has seeks recognition? Nation was not supportive of 2604 and in it really clear language that essen- The Senator from Colorado is recog- my amendment. That is all right; they tially lets the Secretary of the Interior nized. don’t have to participate. This is open off the hook. It eliminates responsibil- Mr. CAMPBELL. How much time do for the tribes that want to, and those ities that the Secretary of the Interior we have? that do not want to don’t have to. would otherwise have. It says the The PRESIDING OFFICER. The Sen- As I understand the Bingaman United States shall not be liable for ator has consumed 16 minutes. amendment, they are all going to be any loss or injury sustained by any Mr. CAMPBELL. We have 20 minutes; caught in the same net. That is, they party, including an Indian tribe, or any correct? will all be required to come up with the member of an Indian tribe, to a lease,

VerDate Jan 31 2003 03:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.092 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7689 business agreement, right-of-way, exe- gers a variety of Federal permitting re- There appears to be a sufficient sec- cuted in accordance with the tribal en- quirements which will ensure that ond. ergy resource agreements approved NEPA, section 7 of the Endangered The question is on agreeing to the under this subsection. Species Act, and a variety of other motion. The clerk will call the roll. Then it says that on approval of a Federal laws will apply to these activi- The assistant legislative clerk called tribal energy resource agreement of an ties. the roll. Indian tribe, under paragraph 1, the In- Removal of the Secretary’s approval Mr. REID. I announce that the Sen- dian tribe shall be estopped from as- authority over many of these actions ator from Massachusetts (Mr. KERRY) serting a claim against the United would have a number of consequences. is necessarily absent. States on the grounds that the Sec- First, it would mean that Federal I further announce that, if present retary should not have approved this NEPA laws would no longer apply. It and voting, the Senator from Massa- agreement. would also mean that the section 7 chusetts (Mr. KERRY) would vote That is a clear statement by the Con- Federal consultation provisions of the ‘‘nay’’. The PRESIDING OFFICER (Ms. COL- gress—if that becomes law—that the Endangered Species Act would cease to LINS). Are there any other Senators in Secretary of the Interior is off the apply. the Chamber desiring to vote? hook. This may be on Indian trust This is particularly significant in that tribal lands are often adjacent to The result was announced—yeas 52, land. It may be that the Secretary of nays 47, as follows: the Interior is the trustee of that In- some of the most protected and pris- [Rollcall Vote No. 219 Leg.] dian trust land. We are saying in this tine Federal lands, including wildlife YEAS—52 language—if we don’t amend it by the refuges, wilderness areas, and National Alexander Dole Miller amendment Senator INOUYE and I have Parks. Wholesale changes in the appli- Allard Domenici Murkowski prepared, we are saying that the Sec- cation of the Federal mineral leasing and development laws—and potentially Allen Ensign Nickles retary of the Interior is off the hook Bennett Enzi Roberts and the Indian tribe has no one to go to a host of environmental laws—to tribal Bond Fitzgerald Santorum Brownback for any kind of remedy. I don’t think lands, could have significant impacts Frist Sessions on adjacent sensitive lands, air quality, Bunning Graham (SC) Shelby we intend to do that. Burns Grassley Smith water quality and wildlife. Campbell Gregg Senator INOUYE and I have put to- Snowe Because of their sovereign immunity Chafee Hagel gether an amendment we believe keeps Specter and special trust status, tribes are also Chambliss Hatch trust responsibility with the Federal Stevens generally exempt from many State en- Cochran Hutchison Government, where it should be. It sets Coleman Inhofe Sununu vironmental and other laws, to which Talent up a good procedure that the tribe can Collins Kyl private lands are subject. Cornyn Thomas work with the Federal Government. Lott Section 2604 represents a sweeping re- Craig Lugar Voinovich The tribe still has decisions, makes de- versal of years and years of established Crapo McCain Warner DeWine McConnell cisions over these energy development environmental and energy laws, many projects, but clearly the Federal Gov- of which are within the jurisdiction of NAYS—47 ernment needs to be part of that and the Senate Environment and Public Akaka Dorgan Levin needs to have responsibility for seeing Works Committee. Our committee has Baucus Durbin Lieberman Bayh Edwards Lincoln that decisions are in the best interest never held hearings on this, nor had of the tribe. Biden Feingold Mikulski the opportunity to examine the extent Bingaman Feinstein Mr. President, I think this is a good Murray to which this language would weaken Boxer Graham (FL) Nelson (FL) Breaux Harkin amendment. I hope that once we do get or amend Federal environmental laws, Nelson (NE) to a vote, whenever that occurs, we Byrd Hollings Pryor or laws relating to the development of Cantwell Inouye Reed will see this amendment adopted. It Carper Jeffords commercial nuclear power. Reid will strengthen the bill, and I hope Clinton Johnson My preference would be to insert lan- Rockefeller Conrad Kennedy very much we can approve it. guage which I filed yesterday, which Sarbanes I yield the floor. Corzine Kohl would clarify that Federal environ- Daschle Landrieu Schumer Mr. JEFFORDS. I rise in support of mental and nuclear laws would con- Dayton Lautenberg Stabenow Wyden the amendment offered by Senator tinue to apply to these tribal lands, re- Dodd Leahy BINGAMAN. gardless of removing the approval of NOT VOTING—1 His amendment does not go as far as the Secretary of the Interior under the Kerry I would wish, because it does not fully Indian Mineral Development Act. preserve the integrity of NEPA or the The motion was agreed to. However, because I think that the Mr. DOMENICI. Mr. President, I Endangered Species Act. language offered by Senator BINGAMAN move to reconsider the vote. These two Federal statutes, which has a greater chance for success, I will Mr. CAMPBELL. I move to lay that are under the jurisdiction of the Envi- vote in favor of his amendment. motion on the table. ronment and Public Works Committee, At a minimum, his amendment would The motion to lay on the table was have been cornerstones for the protec- remove any implicit waiver of Federal agreed to. tion of environmental quality for dec- environmental laws and would create Mr. DOMENICI. I yield to the Sen- ades. Section 2604 of the bill negates or an environmental review process to be ator from Colorado. weakens application of these laws to conducted by tribes to ensure at lease The PRESIDING OFFICER. The Sen- most energy development on tribal some modicum of public involvement ator from Colorado. lands. in what could possibly be massive en- Mr. CAMPBELL. I thank my col- Section 2604 would allow tribes to ergy development on tribal lands. leagues for voting for this on the last grant leases or rights-of-way for min- Section 2604 creates an unprece- motion to table. I know it is a difficult eral development, electric generation, dented lack of Federal oversight for devote for some of my colleagues. I want transmission or distribution facilities velopment with potentially massive to reintroduce tomorrow the amend- or facilities to process energy resources environmental impacts, and I urge my ment I spoke to earlier. I want to as- of any sort on tribal lands. colleagues to adopt Senator BINGA- sure Senator BINGAMAN and Senator The tribes could do this without the MAN’s amendment. INOUYE, who have worked on a lot of approval of the Secretary of the Inte- The PRESIDING OFFICER. Who different Indian issues with us in the rior. seeks recognition? past, that if the language on trust is This would effectively remove the The Senator from New Mexico. not strong enough, I will be more than current legislative authority of the De- Mr. DOMENICI. Mr. President, we happy to review that and work with partment of the Interior over these yield back our time on our side. I move you to make it even stronger and also matters. to table the Bingaman amendment and to try to clarify the language dealing Under existing law, the oversight of ask for the yeas and nays. with NEPA. the Secretary of the Interior over en- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- ergy development on tribal lands trig- sufficient second? ator from Kentucky.

VerDate Jan 31 2003 03:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.094 S11PT1 S7690 CONGRESSIONAL RECORD — SENATE June 11, 2003 UNANIMOUS CONSENT mittee, we have a list on our side. We crowd ‘‘set upon her convey, attacking AGREEMENT—S. 1215 are now waiting. Tentative lists have the entourage with wooden clubs and Mr. MCCONNELL. Madam President, been exchanged by the two sides. As far bamboo spikes. . . . Several hundred I ask unanimous consent the Senate as we are concerned, we are ready at more assailants ambushed the motor- now proceed to the consideration of S. any time to enter into that agreement. cade from the rear.’’ 1215, the Burma sanctions bill; that We do have a finite list of amendments. This is no simple act of harassment there then be 60 minutes of debate As soon as we get a finite list of or intimidation. It was an act of ter- equally divided under the control of amendments from the majority, a rorism against innocent civilians who myself and the Democratic leader or unanimous consent agreement could go simply believe in democracy and the his designee; further, that no amend- forward at that time. rule of law in Burma. ments be in order other than a sub- Mr. DOMENICI. Madam President, I The free world and free press have stitute amendment and a technical thank the distinguished Senator for his been quick to condemn the SPDC. But amendment to that substitute. I ask cooperation. That is a true statement. strong words from foreign capitals unanimous consent that following the The PRESIDING OFFICER. Is there must be matched by stronger actions. Last week, I introduced the Burmese debate time and the disposition of the objection to the unanimous consent re- Freedom and Democracy Act of 2003, above amendments, the bill be read a quest of the assistant Republican lead- along with Senators FEINSTEIN and third time and the Senate proceed to a er? Without objection, it is so ordered. MCCAIN. As I indicated earlier, we now vote on the passage of the bill, with no f have 56 cosponsors. I ask unanimous intervening action or debate. BURMESE FREEDOM AND consent that the list be printed in the The PRESIDING OFFICER. Is there DEMOCRACY ACT OF 2003 objection? RECORD. Mr. DOMENICI. Reserving the right The PRESIDING OFFICER. The There being no objection, the mate- to object. clerk will report the bill by title. rial was ordered to be printed in the The PRESIDING OFFICER. The Sen- The bill clerk read as follows: RECORD, as follows: ator from New Mexico. A bill (S. 1215) to sanction the ruling Bur- S. 1215 COSPONSORS Mr. DOMENICI. I will have none. But mese military junta, to strengthen Burma’s Akaka, Alexander, Allard, Allen, Baucus, when the matters that have just been democratic forces and support and recognize Bennett, Biden, Bingaman, Boxer, Breaux, agreed upon have been completed, we the National League of Democracy as the le- Brownback, Bunning, Burns, Chambliss, gitimate representative of the Burmese peo- Clinton, Coleman, Collins, Corzine, Daschle, will then have another amendment on ple, and for other purposes. Dayton, Dole, Domenici, Dorgan, Durbin, Ed- the Energy bill. It will be offered by wards, Feingold, Feinstein, Frist, and Grass- the distinguished Democratic Senator The PRESIDING OFFICER. The assistant Republican leader. ley. from Florida with reference to an in- Hagel, Harkin, Hutchison, Jeffords, Ken- ventory of the Outer Continental Shelf Mr. MCCONNELL. Madam President, nedy, Kerry, Kyl, Lautenberg, Leahy, Levin, assets, inventory that is provided for in the situation in Burma is indeed dire Lieberman, Lugar, McCain, Mikulski, Mur- the bill. He will move that be taken and requires our immediate response. kowski, Murray, Nelson, Ben (Nebraska), out. That will be debated tonight and We will make that response within the Reid, Rockefeller, Santorum, Sarbanes, next hour. Schumer, Smith, Specter, Stabenow, voted on tomorrow. Voinovich, and Wyden. Mr. REID. Reserving the right to ob- S. 1215, which is now the pending ject, the two leaders have indicated business in the Senate, has 56 cospon- Mr. MCCONNELL. Madam President, that we would have more debate on sors. I particularly want to thank Sen- this bill, among other sanctions, im- that in the morning, however, on the ator FEINSTEIN, who will be speaking poses a ban on imports from Burma. I am pleased that many of my col- offshore oil inventory. I don’t know on this measure, and Senator MCCAIN, leagues—including the majority and what time they are going to schedule a who have had a particular interest in minority leaders of the Senate and the vote, but I think it will be sometime in this subject for quite some time. chairmen and ranking members of the the morning and that will be worked Until yesterday, Aung San Suu Kyi Senate Foreign Relations and Finance out later tonight. and other democracy activists have Mr. DOMENICI. I would like to com- been held incommunicado by the re- Committees—are cosponsors of this im- ment, before we proceed, just a further pressive State Peace and Development portant legislation. Let me share with my colleagues 30 seconds? Council, SPDC, following an ambush on The PRESIDING OFFICER. The Sen- her convoy several hundred kilometers some of the feedback we have gotten ator from New Mexico. north of Rangoon. Scores are feared from around the country on the act: Mr. DOMENICI. We have been work- murdered and injured in this blatant An editorial in today’s Los Angeles ing very hard to get a complete list—I assault on democracy in Burma. Times stated: think we are very close—of amend- In the 11th hour of his trip to Ran- [Burma’s] trading partners, other coun- ments we can agree to and put at the goon, the SPDC finally allowed U.N. tries in the region and aid givers like Japan Special Envoy Razali Ismail a 15- need to get tougher by imposing sanctions desk. As everybody knows, a lot is and aid suspensions to push the country to- riding on this Energy bill: a full eth- minute meeting with Suu Kyi. We are ward democracy; that’s the outcome anol package; soon there will be the re- all relieved that his initial statements Myanmar’s citizens show they favor every newables that many are relying on in indicate that she is alive and time they get the chance. this country which have extenders that unharmed, but the fate of other activ- By the way, they haven’t gotten a are required that are part of the tax ists arrested remains unknown. chance since 1990. amendments that are going to go on But simply seeing is not freeing. A Washington Post editorial yester- this bill. Those are providing for the Razali’s meeting with Suu Kyi was not day advised that because Burmese dic- existing—continuation of the renew- a private one and she remains under tators ‘‘control the nation’ economy, ables in the area of wind and Sun and the total control of SPDC thugs. Her an import ban would affect those most others. If we do not get the bill mov- continued silence in the wake of this responsible for Burma’s repression, and ing, none of that moves along. bloodshed could not be more deafening, senators supportive of democracy in So I do ask all Senators who have nor—despite Razali’s brief visit—her Asia should vote for the bill without amendments to concur that they can predicament more pressing. conditions or expiration dates.’’ write them up, get them in, get them Horrific details of the attack con- Deputy Secretary of State Rich on this list so we know where we are tinue to emerge and heighten the need Armitage recently wrote: and when we might look for daylight for a swift and decisive response to the . . . we support the goal and intent of this on this bill. I yield the floor. SPDC’s brutality. legislation and agree on the need for many The PRESIDING OFFICER. Is there According to Monday’s front-page ar- similar measures.... We are also consid- objection? ticle in the Washington Post, in the ering an import ban, as proposed in your leg- Mr. REID. Madam President, I say to ‘‘pitch dark amid the rice paddies’’ islation. the distinguished Senator from New thugs posing as Buddhist monks A June 6 editorial in the Washington Mexico, the chairman of the com- stopped Suu Kyi’s car. Soon after, a Post suggested that:

VerDate Jan 31 2003 04:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.111 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7691 While the [Burmese Freedom and Democ- Men and women in every culture need lib- frontation since Burma crushed a pro-democracy Act] moves through Congress, Mr. Bush erty like they need food and water and air. racy uprising in 1988—could mark the end to could implement many of its provisions by Everywhere that freedom arrives, humanity the spring of hope that began almost exactly executive order. He could find no better way rejoices: and everywhere that freedom stirs, one year ago. to demonstrate his commitment to democ- let tyrants fear. Under intense international pressure, the racy and his revulsion at a brutal dictator- It’s time for tyrants to fear in Burmese government had released Suu Kyi from house arrest in May 2002. Some high- ship. Burma. A New York Times editorial endorsed ranking military officers had calculated that I ask unanimous consent that the fol- Suu Kyi’s popularity had faded during her the import ban and recommended that: lowing items be printed in the RECORD: detention and that she no longer posed the Europe . . . should now block Myanmar’s a Washington Post article dated June same threat as she had in 1990 when her exports as well. The junta has had a year to 9; a letter from Under Secretary of party, the National League for Democracy, demonstrate that its opening was genuine. State Rich Armitage; editorials from won a landslide election victory, Burmese Now all ambiguity is gone, and the world’s the Los Angeles Times, and the Balti- and other analysts said. Those results were response must be equally decisive. voided by the military, plunging Burma into more Sun, and a Rena Pederson article its current political crisis and a decade of A Boston Globe editorial stated that in the Weekly Standard. President Bush: international isolation. There being no objection, the mate- The Burmese government, however, discov- . . . could and should issue an executive rial was ordered to be printed in the ered that Suu Kyi still attracted jubilant order that would swiftly accomplish [an im- RECORD, as follows: crowds when she traveled the country report ban]. This is not a partisan matter. The [From the Washington Post, June 9, 2003] opening nearly 200 local offices for her party. great lesson that ought to have been learned Tens of thousands turned out to chant her in the last century is that free democrats be- ATTACK ON BURMESE ACTIVIST SEEN AS WORK name. Many supporters walked miles to see tray their unfree brothers and sisters when OF MILITARY her. Increasingly, her rallies drew Buddhist they seek to appease dictatorships. (By Alan Sipress and Ellen Nakashima) monks, who command great respect in Bur- Dallas Morning News editor at large BANGKOK, June 8.—Burmese opposition mese society, further alarming the military. Rena Pederson, who also penned a su- leader Aung San Suu Kyi’s motorcade was ‘‘They are worried that despite all the perb article on this topic in the Weekly rattling along a pocked one-lane road near threats they can employ against the pro-democracy movement, people are continuing to Standard, wrote in an op-ed: Mandalay in Northern Burma after the sunset when a pair of men, disguised in the go out and see Aung San Suu Kyi,’’ said Win The strongest possible pressure must be burnt orange robes of Buddhist monks, mo- Min, a Burmese researcher who studies civil- turned on the Burmese generals, who appar- tioned for it to stop. They asked her to ian-military relations. ently calculated their opposition could be alight and make an impromptu speech to at Suu Kyi, who has always preached rec- decapitated while the world was preoccupied least 100 people gathered at a narrow bridge onciliation, was also becoming openly crit- with events in the Middle East. They over a creek and blocking her way, according ical of the government’s unwillingness to en- shouldn’t be allowed to get away with such a to Burmese exiles who spoke with witnesses. gage in meaningful dialogue for a political cowardly fast one. The Bush administration But she was running late. It was already settlement. The optimism that accompanied should support tougher sanctions now. Sen- pitch dark amid the rice paddies. her release from house arrest had long dis- ator Mitch McConnell, R–KY., is pushing for When one of her bodyguards, a young un- sipated. increased sanctions. armed man, got out of the four-wheel-drive These developments were an affront to That is the bill we have before us. vehicle to convey Suu Kyi’s regrets, the Than Shwe, the junta’s leader, who so ‘‘He will need help . . .’’ crowd set upon her convoy, attacking the en- loathes Suu Kyi that, as one European dip- tourage with wooden clubs and bamboo lomat said, he ‘‘hates even to hear her name And we obviously are going to have mentioned.’’ spikes, according to the exiles and diplomats help with 56 cosponsors, and I hope a Than Shwe, 70, chairman of the ruling who also have spoken to witnesses. Several very overwhelming vote shortly. State Peace and Development Council and ‘‘He will need help, or the Bush ad- hundred more assailants ambushed the mo- armed forces commander, has moved since torcade from the rear. last year to strengthen his grip on power. He ministration could accomplish the By the time the battle was over late in the same thing by executive order.’’ has beefed up the United Solidarity and De- evening of May 30, at least four of Suu Kyi’s velopment Association, the pro-government A Baltimore Sun editorial rightly bodyguards were dead. Burmese exiles and concluded: ‘‘. . . this regime ought to militia that witnesses said attacked Suu diplomats said scores of her supporters were Kyi’s motorcade. He has manipulated the be treated somewhat like North Korea, also probably killed. And Suu Kyi, the 1991 military, government and courts to weaken from which imports have long been Nobel Peace Prize laureate, suffered head his leading rivals while placing his loyalists barred.’’ and shoulder injuries, they said, when her in influential post, said diplomats and Bur- Finally, in endorsing the act, the car windows were shattered and she was de- mese exiles. American Apparel and Footwear Asso- tained by Burmese soldiers along with at ‘‘Than Shwe has been taking his time,’’ least 17 supporters. ciation called upon ‘‘the rest of Con- said Zin Linn of the opposition National Coa- U.S. and other diplomats have concluded lition Government of the Union of Burma. gress for the swift and immediate pas- that the attack was an ambush orchestrated ‘‘He has purged many of the senior military sage of such import legislation.’’ by Burma’s military rulers and carried out men who are soft-liners and are in some way The idea of a ban on imports from by a pro-government militia reinforced by impressed with Aung San Suu Kyi’’ and Tin Burma is not a new one to this body. In specially trained prison inmates. Oo, the vice chairman of her party. he 107th Congress, S. 926 sought to im- Suu Kyi, 57, has remained in custody, in- Most notably, Than Shwe’s ascent has pose such restrictions and was cospon- communicado and out of public sight ever come at the expense of Gen. Khin Nyunt, 64, sored by 21 Senators. I would offer that since, prompting protests from the United the head of military intelligence and a lead- Nations, the United States other governing advocate of dialogue with Suu Kyi. His the need for an important ban has only ments. patron, former dictator Gen. Ne Win, died in become more urgent in the wake of the The attack was not only a stunning bid to December. While Khin Nyunt remains the May 30 attack on democracy in Burma. intimidate Suu Kyi and deflate a pro-democ- third-highest-ranking official in the junta, Supporters of a free Burma want racy movement that over recent months had his authority in running military intel- America to take the lead in defending been attracting larger and larger crowds de- ligence has been limited and he has told dip- democracy in that country. spite mounting governmental harassment, lomats that he no longer has a mandate to Supporters of a free Burma believe according to exiles and diplomats in Ran- pursue the reconciliation talks, which had that serving the cause of freedom is goon and Bangkok. It was also an effort by been medicated by U.N. special envoy Razali Burma’s top leader, Gen. Than Shwe, who Ismail. America’s challenge and obligation. We had been consolidating control in recent The dispute pits so-called pragmatists, should not abandon the people of months, to make clear he had lost patience such as Khin Nyunt, who believe Burma can Burma during the greatest moments of with those in the military advocating dia- string out the talks with Suu Kyi while pla- need. The people of Burma have made logue with Suu Kyi. cating foreign governments, against officers their aspirations known, and the re- ‘‘This was a brutal power play to show urging that the pro-democracy movement be gime has not silenced them into sub- them who is in charge here,’’ a European dip- crushed. But diplomats and analysts stress mission. They have not stilled their lomat said. ‘‘This was a message from Than that the military is united in its determina- hearts for political change and they Shwe to the softies in the military that you tion to retain power. [had] better watch out. You are not to tol- Suu Kyi’s recent month-long swing will not succeed in stemming our col- erate Aung San Suu Kyi.’’ through northern Burma offered an oppor- lective resolve. Although supporters of political reform tunity for Than Shwe to deliver a resounding Supporters of a free Burma agree have despaired of progress for months, the message to the pragmatists that their mo- with President Bush that: attack outside Mandalay—the bloodiest con- ment had passed, diplomats and exiles said.

VerDate Jan 31 2003 04:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.047 S11PT1 S7692 CONGRESSIONAL RECORD — SENATE June 11, 2003 As expedition to the northernmost state of cording to Burmese exiles, who have ex- sue additional measures against the regime, Kachin, which began May 6, was her seventh pressed concern about his condition and including an asset freeze, a possible ban on road trip since her release. It was meant in whereabouts. remittances and, with appropriate legisla- part to bolster the morale of loyalists in her Following the attack, the military closed tion, a ban on travel to Burma. We hope to party, who were disappointed that the rec- most of the party’s offices across Burma, ar- move forward with these measures expedi- onciliation talks had ground to a halt, said rested other democracy activists and criti- tiously and with the support of the Congress. Debbie Stothard, coordinator of ALTSEAN- cized Suu Kyi’s movement in the press. Some We are also considering an import ban, as Burma, a human rights group in Southeast suggest that these steps were part of a proposed in your legislation. We support the Asia. planned, concerted crackdown, not just a intent behind the ban but are reviewing the The trips, especially this last, had pro- hurried attempt to prevent Suu Kyi’s sup- proposal in light of our international obliga- voked growing harassment by the govern- porters from protesting the attack and ar- tions, including our WTO commitments. ment, which has staged protests by machete- rests. They noted that in the weeks before Again, thank you for your leadership on wielding activists, blasted music to drown the incident, 10 activists from the opposition this issue and your commitment to the cause out Suu Kyi’s speeches and blocked her way party were arrested and sentenced to prison of freedom. We look forward to working with with logs and barbed wire. At least once, a terms of two to 28 years. you on the bill. firetruck turned its hoses on her supporters. Since the attack, more than 100 party ac- Sincerely, If the military wanted to escalate the con- tivists have been arrested and at least a RICHARD L. ARMITAGE. frontation, Sagaing Division northwest of dozen imprisoned, said Stothard, coordinator Mandalay was a good place, Burmese exiles of the human rights group. [From the Los Angeles Times, June 11, 2003] Those killed trying to protect Suu Kyi, or and diplomats said. This impoverished re- FREEZE MYANMAR ASSETS gion is the stronghold of Lt. Gen. Soe Win, a ‘‘The Lady,’’ as she is popularly known, reportedly included Toe Lwin, 32, a rising star The military thugs running Myanmar fi- Sagaing native and former military com- nally may have opened their eyes to the es- mander in the area. He was promoted by in the party’s youth division who held a philosophy degree and was studying English in teem in which Aung San Suu Kyi is held out- Than Shwe in February to the junta’s side their nation. They already knew how fourth-highest position. Soe Win is also a Rangoon, a Western diplomat said. He was in Suu Kyi’s vehicle, wearing his orange opposi- much their oppressed citizens thought of the leading activist in the militia and had toured tion party jacket with its red badge embla- woman who should be leading the nation for- several towns earlier this year demanding zoned with a gold fighting peacock. Suu Kyi merly known as Burma: The huge numbers that dialogue with Suu Kyi be halted. treated these supporters as ‘‘surrogate sons,’’ greeting her on her journeys around her Diplomats and exiles said they have re- country provided graphic evidence of her ceived reports that Soe Win was at a mili- and saw in them a future generation of political leaders, Stothard said. popularity. tary headquarters in nearby Monywa either Suu Kyi is being held at Yemon military Harboring despots’ fears of ouster by a during or shortly before the ambush against camp, about 25 miles outside Rangoon, with- charismatic pro-democracy leader, the army Suu Kyi’s motorcade. Exiles said they be- out access to her doctor, party members or rulers arrested Suu Kyi, again, after a deadly lieve he ran the operation. Western envoys, concerned diplomats said. attack on her motorcade May 30. However, Military officials knew Suu Kyi was com- ‘‘If they lift her incommunicado status, they let United Nations representative ing. She had been required to give them her she will speak,’’ a European diplomat said. Razali Ismail meet with the democracy ac- itinerary. ‘‘She will speak the truth and this will be tivist Tuesday after stalling for days. ‘‘Clearly, orders were given for a violent damaging for them.’’ Delay is not new for Razali, who has attack,’’ a U.S. Embassy official in Rangoon sought for two years to push the nation’s said. DEPUTY SECRETARY OF STATE, autocrats toward democracy. He deserves The following account of the May 30 attack Washington June 6, 2003. credit for insisting on a meeting with Suu was provided by that official based on the Hon. MITCH MCCONNELL, Kyi, so does his boss, U.N. Secretary-General findings of a two-person U.S. Embassy team Chairman, Subcommittee on Foreign Oper- Kofi Annan, who denounces the generals. dispatched to Sagaing Division late last ations, Committee on Appropriations, U.S. In 1947 a political rival assassinated Suu week to investigate the incident. Much of Senate. Kyi’s father, an architect of the independ- the story has been corroborated by informa- DEAR MR. CHAIRMAN: We are outraged by ence movement. Forty years later, his tion from witnesses provided to other dip- the May 30 attack on Aung San Suu Kyi and daughter began campaigning against the lomats and exiles. her convoy. The deteriorating conditions in military regimes that ruled the country for As Suu Kyi’s motorcade traveled north to- Burma are of grave concern to the Adminis- much of its post-independence history. In ward the town of Dipeyin about two miles tration and we appreciate your leadership in 1990, she and her party won a parliamentary from Monywa, it was met by 100 to 200 people advancing legislation to respond to these election but the military scrapped those re- at the bridge. Most of them were disguised as events. sults and kept her under house arrest. It also monks but shed the costumes when the The Department of State also appreciates refused to let her leave to receive her 1991 fighting erupted. About 400 other convicts the opportunity to review and comment on Nobel Peace Prize or to be with her husband and militia recruits disguised as monks with the ‘‘Burmese Freedom and Democracy Act as he lay dying in England. shaved heads, and wearing white armbands, of 2003 (S. 1182),’’ which you introduced on But a year ago, the junta let Suu Kyi trav- blocked the motorcade from behind. June 4, 2003. We fully support the goal and el again. Seeing her popularity undimmed, Though Suu Kyi’s supporters tried to as- intent of this legislation and agree on the the government organized the May 30 am- suage the mob, the assailants began beating need for many similar measures. For exam- bush of her motorcade and cited the violence them and smashing the vehicles’ windows. ple, we are working on a unilateral expan- as cause for her arrest. She was held incom- Trying to stave off the attack and shelter sion of the visa ban, extending it to all offi- municado until Razali met her. Nearby na- Suu Kyi, members of her party stood on the cials of the Union Solidarity Development tions like Thailand and Malaysia feebly pro- road and locked arms. Association (part of the SPDC) and their im- tested the assault and arrest. At the site, the investigating team found mediate families, rather than just to senior The U.S. Congress is considering tougher bloodied clothes, clubs and spears, broken officials, as is current practice. We will also measures to freeze the assets of the glass and debris from damaged vehicles. be adding managers of the state-run enter- Myanmar government held in the United ‘‘It was pretty clear that a big fight had prises and their families to the list. States and to bar the country’s leaders from taken place,’’ the embassy official said. We agree on the need to prevent IFI funds traveling here. The team’s findings contradict the brief going to the junta. We will continue to use Those steps are warranted unless Suu Kyi version provided by the government—that our voice and vote in those institutions to is released and allowed to travel freely. The the confrontation lasted two hours and was oppose loans that benefit the military re- United States and other countries earlier im- provoked by Suu Kyi’s party. The govern- gime. We also agree on the need to express posed economic sanctions on Myanmar that ment said four people were killed and 50 oth- strong support for the NLD, and are doing so devastated its economy. Trade with Thailand ers injured. in every international forum in which the and China, plus the export of narcotics, has The U.S. team reported that gunfire was United States participates, including at the heard in the middle of the night when the UN. Also significant are the findings of the kept it afloat. The trading partners, other countries in army arrived to clean up the site. According annual Country Report on Human Rights the region and aid givers like Japan need to to other accounts, gunshots rang out during Practices, Trafficking in Persons Report and get tougher by imposing sanctions and aid or shortly after the clash. Report on International Religious Freedom, suspensions to push the country toward de- Reports reaching other diplomats and exile which identify and strongly condemn known mocracy; that’s the outcome Myanmar’s groups said Suu Kyi’s driver, trying to re- SPDC abuses. The President’s Annual Report citizens show they favor every time they get move the democracy activist from the melee, on Major Drug Transit or Major Illicit Drug the chance. gunned the engine as the crowd pounded the Producing Countries has also identified car with rocks and other objects. She was de- Burma as a country that demonstrably has [From the Baltimore Sun, June 6, 2003] tained by security forces farther down the failed to meet its international obligations road in Dipeyin. regarding narcotics. SQUEEZE THE JUNTA Tin Oo, 75, the vice chairman of Suu Kyi’s In addition to the above efforts, which are A top United Nations envoy was to arrive party, was assaulted when he left his car, ac- already underway, we are determined to pur- today in Myanmar, formerly known as

VerDate Jan 31 2003 04:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.093 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7693 Burma, and not a moment too soon: Human Aung San Suu Kyi on the night of Friday, Nations Secretary General Kofi Annan. The rights and democracy once again are under May 30, as she traveled to a speaking engage- most tepid responses came from Burma’s siege by the narco-state’s ruling military ment in the north of the country. The Nobel Southeast Asian neighbors, who have their party. Peace Prize winner was assaulted and taken own concerns about stability. They asked for The United Nations is demanding that to an undisclosed location. an explanation of Suu Kyi’s detention, but Yangon’s generals release 1991 Nobel Peace The government would say only that she would not demand her release. Japan, the Prize laureate Aung San Suu Kyi, arrested had been placed in ‘‘protective custody’’ and leading investor in Burma, said the situation Saturday after a violent attack on her pro- that she had not been injured. But reports was not ‘‘good’’ and dialogue was needed for democracy party by security forces. persisted that Suu Kyi had suffered a severe a democratic solution. The violence, in which activists allege blow to the head and possibly a broken arm. It will be up to the United States to in- scores were killed, and the subsequent clos- Inside Burma, it was said that hundreds of crease pressure on the Burmese generals, ing of Myanmar’s universities and all of the her supporters had been murdered; inter- who apparently thought they could decapi- offices of Ms. Suu Kyi’s National League for national news agencies reported at least 70 tate their opposition while the world was Democracy mark a sudden darkening of the killed and 50 injured. At least 18 people were concentrating on the Middle East. The Bush new dawn proclaimed last May when the believed detained. administration must back up its words with military regime last released her from house ‘‘The problem with getting an accurate actions. On Capitol Hill, Sen. Mitch McCon- arrest, promising dialogue with the NLD story about what happened is that everyone nell, a Kentucky Republican, and Rep. Tom aimed at national reconciliation. who could speak the truth in Burma is under Lantos, a Democrat from California, moved The renewed repression begs for stronger arrest,’’ said one democracy advocate in to toughen existing sanctions on Thursday. economic sanctions by the United States to Washington. The government controls the They will need help. As the Boston Globe squeeze this illegal junta. only two newspapers and TV stations, and pointed out, President Bush could issue an This is a regime that competes with North the leading journalist is in prison. One in executive order that would accomplish the Korea on human-rights abuses—including four citizens reportedly spies for the govern- same thing. long quashing the NLD, a legally elected opment, so everyone is guarded about what is The world hardly needs another crisis at position party. As U.N. Secretary General said in public. this moment, but the situation in Burma Kofi Annan recently put it, the political as- Nevertheless, clandestine sources inside could be destabilizing. Burma has been seek- pirations of the Burmese people ‘‘are over- Burma that have proved reliable in the past ing aid from China, its neighbor to the whelming in favor of change.’’ report that hundreds of armed men attacked north, which wouldn’t mind having Burma as In 1990, Ms. Suu Kyi’s party crushed the the motorcade, some disguised as Buddhist a vassal state providing port access to the military’s candidates in Myanmar’s last monks. Some were convicts released at the Indian Ocean. That prospect has alarmed legal parliamentary election; since then, she government’s behest. They beat Suu Kyi’s India, its neighbor to the west. At the same has spent much of the time under house ar- supporters with bamboo clubs three feet long time, Thailand, to the east, is overwhelmed rest. In response, the United States barred and riddled her car with bullets. The window by the thousands of refugees pouring across new American investments in Myanmar in was shattered, and either a rock or a brick the border each day to escape the rapacious 1997. But that didn’t end the involvement of was thrown at Suu Kyi’s head while she was Burmese military. seated in the car. Several students report- Unocal Corp., the California energy giant, in Further complicating the picture, Burma edly tried to shield her with their bodies, but a 1995 deal with the junta to extract natural is one of the world’s largest producers of her- they were beaten severely, and she was gas off the Burmese coast and transport it oin and amphetamines. Drug dealers are dragged away bleeding. According to this ac- via a 250-mile pipelines—a project allegedly often seen playing golf with high-ranking count, she was taken to a military hospital built with forced labor and accompanied by generals and hold high positions in major for stitches and then transferred to Yemon military murders and rapes. banks. And, oh yes, Burma has one of the military camp about 25 miles from Rangoon. As a result, Unocal faces a groundbreaking fastest-growing AIDS rates in the world-and Plainly, Suu Kyi, who is 57 and weighs federal lawsuit brought by international ac- one of the worst health systems. tivists for 15 unnamed Burmese villagers about 100 pounds, faces long odds—though not for the first time. Since 1988, she has When I spoke with Aung San Suu Kyi in under a 1789 U.S. statute allowing lawsuits February, she expressed frustration that the against U.S. multinational corporations, been standing up to one of the most brutal regimes in the world. In the process, she has junta had not opened a dialogue with her holding them abroad to the same standards party after her release from house arrest in as at home. The outcome could be far-reach- become the photogenic symbol of democracy in Asia. In 1990, her party, the National May 2002. ‘‘The government promised that it ing; the Bush administration has weighed in would begin discussions about the transition on Unocal’s side, arguing that such human- League for Democracy, won 80 percent of the vote in elections the junta mistakenly had to democracy,’’ she said. ‘‘They have not. rights cases interfere with U.S. foreign pol- They promised they would release all polit- icy and the war on terrorism. though they could control. Instead of seating the winners in parliament, the generals ical prisoners. They have not.’’ And they This is precisely the wrong stance. Instead, promised to allow the publication of inde- the U.S. government ought to be moving threw many NLD leaders in jail and placed Suu Kyi under house arrest, where she re- pendent newspapers. She asked with a wry quickly toward tightening the screws on smile, ‘‘You haven’t seen one, have you?’’ Myanmar’s generals and anyone keeping mained for most of the ensuing 13 years. In this country, few people know her name, This spring she began speaking out more them afloat financially. forcefully. When she ventured into the Trade sanctions against Myanmar were much less how to pronounce it (awn sawn soo chee). But her story has the sweep and drama northern states two weeks ago, thousands of proposed last year but dropped when Ms. Suu supporters risked their lives to greet the Kyi was last released. This week, House and of ‘‘Gone With The Wind.’’ Her father, Gen- eral Aung San, was a leader of the democ- woman they call ‘‘the Lady.’’ Government Senate bills were entered that call for an im- harassment then increased. On May 24, 10 port ban and other sanctions, all of which racy movement in Burma after World War II and was expected to become the first presi- NLD members were jailed. On May 29, the seem fully warranted. Already, a leading day before the ambush, clashes broke out be- U.S. apparel and footwear trade group and dent after Great Britain relinquished control. He was assassinated when his daughter tween government supporters armed with many large retailers—from Wal-Mart to machetes and NLD backers, leaving several Saks—are boycotting Burmese goods. was only 2. His wife, a wartime nurse, went on to become ambassador to India. dead. In other words, this regime ought to be Even if Aung San Suu Kyi eventually treated somewhat like North Korea, from Suu Kyi was educated at Oxford and married a fellow student, who became a professor emerges unharmed, the movement for free which imports have long been barred. Grant- elections has been set back by the violent ed, Myanmar doesn’t pose North Korea’s nu- of Tibetan studies. She lived quietly in Eng- land as a wife and mother of two boys until turn of events. The main office of the Na- clear threat, but it plays such a major role tional League for Democracy, in Rangoon, in the world’s heroin trade that it’s a desta- her own mother suffered a stroke in 1988, and she returned to Burma to care for her. In has been closed, padlocked, and placed under bilizing force internationally. guard, and other party offices have been Ms. Suu Kyi is again detained and her riots that year, soldiers shot and killed more student demonstrators than would die in 1989 shuttered. Universities, too, have been shut party remains under attack because to prevent student protests. Myanmar’s generals figure they can get at Tiananmen Square. Suu Kyi was en- ‘‘The Lady’’ is in greater jeopardy than away with it. The United States must send a treated to stay and help lead the democracy ever before. It remains to be seen what the stronger message that that’s no longer an effort, which she did, at great personal sac- long-repressed Burmese people and the option. rifice. She has seen her sons only sporadi- cally since. And four years ago, as her hus- much-distracted international community band was dying of cancer, the junta refused will do about it. BURMA’S JUNTA ‘‘DISAPPEARS’’ THE to grant him a visa to visit her. COUNTRY’S LEADING DEMOCRACT Mr. MCCONNELL. Madam President, The international response to her rearrest I note that Senator FEINSTEIN is here. (By Rena Pederson) has been near unanimous condemnation. In In the Trademark manner of thugocracies, the midst of peace negotiations in the Mid- I yield the floor and retain the remain- Burma’s military government, seeking to si- dle East, President Bush expressed his deep der of my time. lence its critics, sent a mob to attack the concern and called for the immediate release The PRESIDING OFFICER. The Sen- motorcade of longtime democracy activist of Suu Kyi and her supporters, as did United ator from California.

VerDate Jan 31 2003 04:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.097 S11PT1 S7694 CONGRESSIONAL RECORD — SENATE June 11, 2003 Mrs. FEINSTEIN. I thank the Chair, enact these sanctions in a meaningful ized that the Burmese people were de- and I also thank the distinguished Sen- way in which other nations will follow. termined to see the democratic elec- ator from Kentucky for his leadership Our legislation imposes a complete tions of 1990 fully implemented without on this issue. I am very proud to join ban on all imports until the President delay. So in a cowardly and despicable with him. determines and certifies to Congress manner they took this action. Madam President, in 1996, Senator that Burma has made substantial and Now we must take action. We must William Cohen and I introduced a sanc- measurable progress on a number of de- take a stand on the side of the people tions bill on Bumra. It passed in 1996, mocracy and human rights issues. of Burma and on the side of the values and was signed by the President. In As Senator MCCONNELL will indicate, we cherish the most. 1997, the sanctions were exercised. there is a provision in the legislation, I urge support and I hope it will be We had a brief period of hope during similar to the most favored nation sta- unanimous. that time, and the ASEAN nations tus for China, that will allow an annual Thank you very much, Madam Presi- were going to be helpful. It looked like review of this to assess progress. It al- dent. I yield the floor. the military junta was going to be re- lows the President to waive the ban The PRESIDING OFFICER. The Sen- ceptive. Then, recently, for a brief pe- should he determine and notify Con- ator from Kentucky. Mr. MCCONNELL. Madam President, riod, Aung San Suu Kyi, the demo- gress that it is in the national security I ask unanimous consent that Senator cratic leader of Burma, was released, interest of the United States to do this. and discussions took place. Well, that KOHL be added as a cosponsor. It would freeze the assets of the Bur- The PRESIDING OFFICER. Without was short lived and this diabolical at- mese regime in the United States. It objection, it is so ordered. tack took place on Aung San Suu Kyi. directs United States executive direc- Mr. MCCONNELL. Madam President, According to reports, her motorcade tors at international financial institu- I say to my friend from California, as was met by 100 to 200 people at a bridge tions to vote against loans to Burma. she was describing the provisions of the near Mandalay in northern Burma. It expands the visa ban against past bill, the way it is now structured, we Most of these people were disguised as and present leadership of the junta, will have an annual debate about monks. Another 400 people—convicts and it encourages the Secretary of whether or not these sanctions should and other militia recruits who were State to highlight the abysmal record be lifted. It will be reminiscent of the also disguised as monks—blocked the of the junta in the international com- most favored nation debates that we convoy from the rear. Both groups then munity. had annually regarding the People’s discarded their costumes and attacked Now, Senator MCCONNELL mentioned Republic of China, which has now grad- the entourage with bamboo sticks and that both business and labor are united uated to a new status. wooden clubs, smashing vehicles and in support of this legislation. He said But if ever there were a regime that beating up their targets. Officially, the American Apparel and Footware deserved an annual review by those of four people were killed and 50 injured. Association, which represents apparel, us here in the Congress, this is a re- Witnesses contend that as many as 70 footware, and sewn products companies gime that deserves that. So I think may have been killed and many more and their suppliers, has called for this that is a debate we are going to look injured. ban. The president and CEO has stat- forward to having. This is outrageous. The level of co- ed—and I think this is worth being in Would you not agree, I say to my ordination, the deception, and the bru- the RECORD—‘‘The government of friend from California? tality of the crimes cannot go unan- Burma continues to abuse its citizens Mrs. FEINSTEIN. I certainly agree, I swered. They really demand a forceful through force and intimidation, and re- say to the Senator through the Chair. I and a substantive response that makes fuses to respect the basic human rights think it would be very useful. And I clear the United States will not deal of its people. AAFA believes this unac- think when the recalcitrance, the re- with this junta and will not tolerate ceptable behavior should be met with pression, is on the floor of this Senate such blatant disregard for common condemnation from not only the inter- every year, hopefully it will be helpful human decency. national public community, but from in changing the minds of this military This legislation sends a message. It private industry as well.’’ junta. says: We will not import their prod- So well said. Mr. MCCONNELL. Madam President, ucts. And those Burmese exports to the A number of stores, including Saks, I first introduced a bill on this subject United States are about 25 percent of Macy’s, Bloomingdales, Ames, and The back in 1993. It is one of these issues what Burma exports. So it is a consid- Gap have already voluntarily stopped that, I must regretfully say, you take erable message. It has to be remem- importing or selling goods from Burma. an interest in and follow over a period bered, Aung San Suu Kyi is the demo- The AFL-CIO and other labor groups of time and never see anything change. cratic leader of Burma. She has never also support this legislation. There is never any progress that could been permitted to serve. Her people In addition, the International Labor be measured—until a year or so ago have been arrested. Members of the Organization, for the first time in its when the junta led Aung San Suu Kyi Parliament have been arrested and history, called on all ILO members to basically out of house arrest. We were held in custody. Over 1,300 political impose sanctions on Burma. supposed to applaud that as some kind prisoners are still in jail, many of them Such diversity in support of this leg- of remarkable step in the direction of elected parliamentarians. The practice islation speaks volumes about the bru- recognizing the outcome of the elec- of rape as a form of repression has been tality of this military junta and its tion in 1998 in which she and her party sanctioned by the Burmese military. single-minded unwillingness to take got 80 percent of the vote. She won the The use of forced labor is widespread. even a modest step toward democracy Nobel Peace Prize in 1991 while she was Trafficking in young boys and girls as and national reconciliation. essentially incarcerated. She remained sex slaves is rampant, and the govern- And to add to it, Aung San Suu Kyi, under house arrest—except for about a ment engages in the production and the democratic leader, is once again year or so—ever since. distribution of opium and methamphet- being held in custody. This is unaccept- Various strategies have been tried. amine. So the United States must act. able. The Thai Prime Minister, who was in Now, in general, I do not support trade The military junta knows full well town yesterday—some of us talked embargoes as an effective instrument they do not enjoy the popular support with him, and I know he met with the of foreign policy. However, there are of the Burmese people. That is why President—this new Prime Minister in certain circumstances—South Africa they resort to such actions. Thailand decided to engage in what he was one of them, largely because of the As Aung San Suu Kyi traveled the called ‘‘constructive engagement.’’ Ob- world response, and the world saying country, and thousands turned out to viously, constructive engagement enough is enough—where there must be hear her speak, the junta realized that doesn’t work. What this regime needs change, and where we are prepared to after years of house arrest and repres- is to be isolated. I know there are some carry out these sanctions together to sion, they had failed to curb the power skeptics even in this body with regard effect that change. I hope in this sense of her message of democracy, of human to the ability of sanctions to have a the United States will lead the way to rights, and the rule of law. They real- real impact.

VerDate Jan 31 2003 03:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.114 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7695 Let me tell you, if there is one place AMENDMENT NO. 883 TO AMENDMENT NO. 882 quest of a democratically elected govern- in the world where sanctions worked, it Mr. MCCONNELL. Madam President, ment in Burma, provided that all the condi- was South Africa. The reason it worked there is a technical amendment to the tions in section 3(a)(3) have been met. (b) CONTINUATION OF IMPORT SANCTIONS.— there is because everybody partici- substitute at the desk, and I ask for its (1) EXPIRATION.—The import restrictions pated and they were truly isolated. consideration. contained in section 3(a)(1) shall expire 1 They became a pariah regime through- The PRESIDING OFFICER. The year from the date of enactment of this Act out the world, and that led to the dra- clerk will report. unless renewed under paragraph (2) of this matic changes that brought Nelson The legislative clerk read as follows: section. Mandela to power after decades in jail. The Senator from Kentucky [Mr. MCCON- (2) RESOLUTION BY CONGRESS.—The import That can happen here. The United NELL], for himself, Mr. GRASSLEY, and Mr. restrictions contained in section 3(a)(1) may States needs to lead. Secretary Powell BAUCUS, proposes an amendment numbered be renewed annually for a 1-year period if, 883 to amendment No. 882. prior to the anniversary of the date of enact- is going out to the ASEAN regional ment of this Act, and each year thereafter, a Mr. MCCONNELL. I ask unanimous forum in Phnom Penh on June 18 and renewal resolution is enacted into law in ac- 19 next week. This is an opportunity consent that further reading of the cordance with subsection (c). for him to put it at the top of the agen- amendment be dispensed with. (c) RENEWAL RESOLUTIONS.— da. The PRESIDING OFFICER. Without (1) IN GENERAL.—For purposes of this sec- I said to the Thai Prime Minister objection, it is so ordered. tion, the term ‘‘renewal resolution’’ means a that I thought constructive engage- The amendment is as follows: joint resolution of the 2 Houses of Congress, (Purpose: To clarify the duration of certain the sole matter after the resolving clause of ment wasn’t working and they needed which is as follows: ‘‘That Congress approves to join with us and help us lead the sanctions against Burma, and for other purposes) the renewal of the import restrictions con- other ASEAN countries in the direc- tained in section 3(a)(1) of the Burmese Free- On page 5, line 5, insert ‘‘and except as pro- tion of a sanctions regime, on a multi- dom and Democracy Act of 2003.’’ vided in section 9’’ after ‘‘law’’. (2) PROCEDURES.— lateral basis, that could shut these peo- Beginning on page 7, line 23, strike all (A) IN GENERAL.—A renewal resolution— ple down. Some would say, well, if you through page 8, line 3, and insert the fol- (i) may be introduced in either House of have effective economic sanctions, it lowing: Congress by any member of such House at hurts the people. It doesn’t hurt the (4) APPROPRIATE CONGRESSIONAL COMMIT- any time within the 90-day period before the TEES.—In this Act, the term ‘‘appropriate people in Burma because the regime expiration of the import restrictions con- congressional committees’’ means the Com- takes all profits off of the exports. tained in section 3(a)(1); and mittee on Foreign Relations, the Committee They make money on the exports and (ii) the provisions of subparagraph (B) shall on Finance, and the Committee on Appro- apply. the drug traffic, which they are quite priations of the Senate and the Committee (B) EXPEDITED CONSIDERATION.—The provi- good at. on International Relations, the Committee sions of section 152 (b), (c), (d), (e), and (f) of So this regime needs to be squeezed on Ways and Means, and the Committee on the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), by the entire world, isolated, and that Appropriations of the House of Representa- (d), (e), and (f)) apply to a renewal resolution is a strategy that we hope to begin tives. under this Act as if such resolution were a today with the passage of this legisla- On page 8, beginning on line 5, strike all through line 13, and insert the following: resolution described in section 152(a) of the tion in the next 30 or 45 minutes. Trade Act of 1974. (1) IN GENERAL.—The President may waive I know on our side, Senator MCCAIN the prohibitions described in this section for Mr. MCCONNELL. Madam President, wants to speak, KAY HUTCHISON wants any or all products imported from Burma to I ask unanimous consent that the sub- to speak, and, I believe, Senator the United States if the President deter- stitute amendment be agreed to. BROWNBACK wants to speak. How much mines and notifies the appropriate congres- The PRESIDING OFFICER. Without time remains? sional committees that to do so is in the objection, it is so ordered. The PRESIDING OFFICER. There vital national security interest of the United The amendment (No. 882) was agreed are 15 minutes 43 seconds. States. to. On page 11, beginning on line 16, strike Mr. MCCONNELL. I ask unanimous AMENDMENT NO. 882 ‘‘Committees on Appropriations and Foreign Mr. MCCONNELL. Madam President, Relations of the Senate’’ and all that follows consent that the technical amendment there is a substitute amendment at the through ‘‘House of Representatives’’ on line to amendment No. 882 be agreed to. desk. I ask for its consideration. 19, and insert ‘‘appropriate congressional The PRESIDING OFFICER. Without The PRESIDING OFFICER. The committees’’. objection, it is so ordered. clerk will report. On page 12, beginning on line 1, strike The amendment (No. 883) was agreed ‘‘Committees on Appropriations and Foreign to. The legislative clerk read as follows: Relations of the Senate’’ and all that follows Mr. MCCONNELL. Madam President, The Senator from Kentucky [Mr. MCCON- through ‘‘House of Representatives’’ on line I will retain the remainder of my time, NELL], for himself, Mrs. FEINSTEIN, Mr. 4, and insert ‘‘appropriate congressional if I may. MCCAIN, Mr. AKAKA, Mr. ALEXANDER, Mr. AL- committees’’. Mrs. FEINSTEIN. Madam President, LARD, Mr. ALLEN, Mr. BENNETT, Mr. BIDEN, On page 12, after line 16, insert the fol- Mr. BINGAMAN, Mrs. BOXER, Mr. BREAUX, Mr. lowing: I will just use a quick minute. I men- BROWNBACK, Mr. BUNNING, Mr. CHAMBLISS, (3) REPORT ON TRADE SANCTIONS.—Not later tioned some of the retail establish- Mrs. CLINTON, Mr. COLEMAN, Ms. COLLINS, than 90 days before the date that the import ments supporting this but I left out a Mr. CORZINE, Mr. DASCHLE, Mr. DAYTON, Mrs. restrictions contained in section 3(a)(1) are couple. I mentioned Saks Fifth Avenue, DOLE, Mr. DOMENICI, Mr. DURBIN, Mr. ED- to expire, the Secretary of State, in con- and there is also Macy’s, the Gap, WARDS, Mr. FEINGOLD, Mr. FRIST, Mr. HAGEL, sultation with the United States Trade Rep- Bloomingdale’s, Ames, Williams Mr. DORGAN, Mr. BURNS, Mr. KOHL, Mr. HAR- resentative and other appropriate agencies, Sonoma, IKEA, Wal-Mart, Nautica, and KIN, Mrs. HUTCHISON, Mr. JEFFORDS, Mr. KEN- shall submit to the appropriate congres- Pottery Barn. I am very proud of these NEDY, Mr. KERRY, Mr. KYL, Mr. LAUTENBERG, sional committees, a report on— Mr. LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mr. (A) conditions in Burma, including human retail establishments for standing up LUGAR, Ms. MIKULSKI, Ms. MURKOWSKI, Mrs. rights violations, arrest and detention of de- and joining us. I wanted to recognize MURRAY, Mr. NELSON of Nebraska, Mr. REID, mocracy activists, forced and child labor, that on the floor. Mr. ROCKEFELLER, Mr. SANTORUM, Mr. SAR- and the status of dialogue between the SPDC Mr. MCCONNELL. Madam President, BANES, Mr. SCHUMER, Mr. SMITH, Mr. SPEC- and the NLD and ethnic minorities; I am glad the Senator from California TER, Ms. STABENOW, Mr. VOINOVICH, Mr. (B) bilateral and multilateral measures un- mentioned those important corpora- WYDEN, Mr. GRASSLEY, and Mr. BAUCUS, pro- dertaken by the United States Government tions. Obviously, they could conceiv- poses an amendment numbered 882. and other governments to promote human ably benefit from low-cost imports but Mr. MCCONNELL. Madam President, rights and democracy in Burma; and they are choosing not to allow the re- (C) the impact and effectiveness of the pro- I ask unanimous consent that further gime to make a profit off of these reading of the amendment be dispensed visions of this Act in furthering the policy objectives of the United States toward American corporations. They deserve with. Burma. our commendation. The PRESIDING OFFICER. Without SEC. 9. DURATION OF SANCTIONS. I reserve the remainder of my time, objection, it is so ordered. (a) TERMINATION BY REQUEST FROM DEMO- and I suggest the absence of a quorum. (The amendment is printed in today’s CRATIC BURMA.—The President may termi- The PRESIDING OFFICER. The RECORD under ‘‘Text of Amendments.’’) nate any provision in this Act upon the re- clerk will call the roll.

VerDate Jan 31 2003 03:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.117 S11PT1 S7696 CONGRESSIONAL RECORD — SENATE June 11, 2003 The legislative clerk proceeded to They have dismantled Burma’s edu- Several years ago, I happened to visit call the roll. cation system and ignored the growing Myanmar, which I will refer to from Mr. BIDEN. Madam President, I ask threat to public health posed by AIDS, now on as Burma. I had the great unanimous consent that the order for malaria, and tuberculosis. As the State honor—one of the great honors of my the quorum call be rescinded. Department notes with characteristic life—to meet this incredible hero, this The PRESIDING OFFICER. Without understatement in its most recent incredible leader, this incredible person objection, it is so ordered. human rights report: who has spent her life under duress, Mr. BIDEN. Madam President, I ask The quality of life in Burma continues to under punishment, under pressure, unanimous consent to be able to pro- deteriorate. under house arrest, even to the point of ceed on the time controlled by Senator That may be the understatement of physical mistreatment at the hands of FEINSTEIN. the month. It is well past time for the this gang of thugs that runs and has The PRESIDING OFFICER. Without generals to do what they said they ruined this country. objection, it is so ordered. would do; namely, begin a process that I will never forget the day I met her. Mr. BIDEN. Madam President, I rise would eventually transfer the reins to I will never forget the grace, the dig- in support of the efforts of Senator a representative civilian government nity, and the heroism that was clearly MCCONNELL and Senator FEINSTEIN and that would enjoy domestic and inter- radiating from every part of this in- acknowledge the leadership of Senator national legitimacy. credible person who very appropriately BAUCUS, as well, in working this out. Unfortunately, there are few indica- has been recognized with the Nobel Senator MCCONNELL has been tireless tions that the regime intends to step Peace Prize. in his efforts to promote democracy in down. Indeed, they apparently had high I remind my colleagues that she has Burma and has been an acknowledged hopes the United States Government, been kept under house arrest for many leader in this area. I thank him for not taking note of Aung San Suu Kyi’s re- years. She was released in 1995 finally, relenting. lease last year, would take steps to lift I think it is to state the obvious that and then she was again confined to the many sanctions imposed when the it is vital for us to express our concern house arrest in 2000. Just a few days army brutally suppressed Burma’s de- for the freedom of Aung San Suu Kyi, ago, as a motorcade of about 250 people mocracy movement in 1988. The regime leader of the National League for De- drove through, about 500 armed sol- spent $450,000 to retain the services of a mocracy and a winner of the Nobel diers, members of the military-backed prominent Washington lobbying firm Peace Prize. On May 30, Government- Union Solidarity and Development As- to help push the President and Con- affiliated thugs ambushed an auto- sociation, and an unknown number of gress to normalize relations, restore mobile convoy carrying the leader and convicts recruited from Mandalay pris- access to international financial insti- many of her supporters. Dozens of peo- on with the promise of reward and free- tutions, and resume foreign aid. dom rushed and attacked it. ple were reportedly killed and injured They were willing to spend $450,000 to in the crash. She was detained by Gov- In the ensuing melee, which lasted improve their image, but last year the about an hour, the attackers beat up ernment authorities, who also ordered officials operating the government the NLD offices closed nationwide. NLD members, shot them with cata- spent less than $40,000 nationwide on pults, soldiers opening and firing, kill- Aung San Suu Kyi remains under ar- HIV/AIDS care and prevention. Each of rest, and the Government has refused ing and wounding a large number of the nation’s 35,000 primary schools re- NLD members. to allow supporters or members of the ceives on average less than $1 from the diplomatic community to meet with Aung San Suu Kyi was taken into central government each year; $35,000 custody in an unknown place. Appar- her. for the national education budget; When Burma’s military rulers freed ently, thank God, according to the U.N. $450,000 for lobbying in Washington. Aung San Suu Kyi of house arrest last envoy, Mr. Ishmael, she is in good No amount of money can hide the physical condition. year, they claimed her release was un- character of the Burmese military rul- conditional and they pledged to con- This junta has ruined the country. It ers. As the United States people stood has deprived the people of their funda- tinue the U.N.-facilitated dialog, which with Nelson Mandela in his bid for free- led to her freedom. With last month’s mental freedoms. This gang of thugs dom and democracy for the people of has mistreated this great person in the premeditated attack and her current South Africa, so we should now stand detention, the junta has abrogated all most disgraceful fashion. She should be with those who are moving Burma to- free. She should be free to lead her of its commitments and warrants no ward a free and open society and the more time. country as was already endorsed by one National League for Democracy as free and fair election overwhelmingly. It is not hard to discern the motives they try through peaceful means to end of the junta. Why did they do that this time? Be- the tyrannical, brutal rule of Burma’s cause everyplace Aung San Suu Kyi They are scared. They are scared the military rulers. people of Burma will rally and remove went, the people welcomed her by the Again, I thank Senators MCCONNELL thousands, and the junta could not them from power, and they are right to and FEINSTEIN for their leadership in stand it. So they had to kill her people, be afraid. As Aung San Suu Kyi has this area, and I am confident we will her supporters, and they had to throw toured schools, hospitals, businesses, win wide support of our colleagues. It her back into prison. and government organizations around is time that we are clearly standing on Burma, she has been met by joyous What did one of the leaders who is the right side of this issue. supposed to be a moderate, whom I also crowds, and it is obvious to all observ- The PRESIDING OFFICER. The as- met when I was in Burma, GEN Khin ers that she remains as loved by the sistant Republican leader. Nyunt—remember that name—say? He people of Burma as the military junta Mr. MCCONNELL. Madam President, is reviled. It is time for the present I thank my friend, the ranking member said: military oligarchy to fade into history. of the Foreign Relations Committee, Everyone needs to abide by the rules and Burma’s transition to democracy for his contributions to the debate. I regulations to be observed everywhere. would be a most welcome development very much appreciate it. Adding: for all of Southeast Asia. I yield 8 minutes to the Senator from It is to be noted that the basic human Despite pledges to crack down on Arizona. rights would not protect those who violate narcotics production, the military con- The PRESIDING OFFICER. The Sen- an existing law. tinues to collaborate with heroin and ator from Arizona. What existing law? What existing law methamphetamine traffickers. It has Mr. MCCAIN. Madam President, I that would ever be judged a legitimate failed to address the legitimate de- thank my colleague from Kentucky, law in any court in the world was Aung mands of ethnic minorities for signifi- Senator MCCONNELL, for his leadership, San Suu Kyi in violation of when they cant regional autonomy within a fed- and I thank the Senator from Cali- killed her supporters, mistreated her, eral state, preferring military pressure fornia, Mrs. FEINSTEIN. I thank Senator and put her back into prison? to political accommodation. MCCONNELL for his longstanding sup- I do not know why the Japanese, the The generals have enriched them- port of this brave and heroic person Thais, the Chinese, and the ASEAN na- selves while bankrupting the country. and the movement she leads. tions, that ostensibly are supposed to

VerDate Jan 31 2003 03:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.119 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7697 be standing up for freedom and democ- I agree. But we all know that U.S. ac- strong support for the Burmese Free- racy, are not doing everything possible tions can only go so far. Bringing de- dom and Democracy Act of 2003. This to punish this regime, free this incred- mocracy and human rights to Burma is bill sends a powerful message to the ible person, and let the people of going to require active pressure from ruling military junta in Burma that Burma have a free and fair election. Burma’s neighbors in Southeast Asia, their violent restrictions against free- I thank, again, Senator MCCONNELL. I particularly Thailand, Japan, and dom and democracy will not be toler- point out that we should be taking China. I hope they apply the pressure ated and will have serious con- every single measure possible, and I do for human rights and democracy that sequences. Their recent actions have not believe the Secretary of State many of them profess to support. They yet again demonstrated to the world should attend the ASEAN gathering in should disavow the failed policies of that this junta cannot be trusted. Phnom Penh, Cambodia, unless Aung engagement. The international community cannot San Suu Kyi and the situation in I am pleased to see that the McCon- allow the crimes committed by the Burma are No. 1 on the agenda of nell-Feinstein legislation attempts to Burmese military against the right- ASEAN. Are we going to sit by and trigger a process to ratchet up the re- fully elected leader of Burma, Aung watch the brutalization of a people, the gional pressure on the Burmese Gov- San Suu Kyi, her followers, and the imprisonment of a Nobel Peace Prize ernment. I am glad to see that the Burmese people to go unpunished. So, winner, and the repression and devasta- United States has demarched every it is my great hope that the actions tion of a nation be carried out by a government in Southeast Asia on this that the Senate is taking today will gang of thugs that call themselves gen- issue. I agree with the Bush adminis- provide the international leadership erals? I hope not. tration on this very much. We have to needed to put the spotlight on the Bur- I hope the message today in the legis- bring this kind of pressure. As Senator mese military junta and make them lation we are considering, thanks to MCCONNELL has pointed out, the ad- change their ways. the Senator from Kentucky, is a mes- ministration could, on its own initia- I know that other countries, includ- sage that this is the beginning—this is tive, impose many of the sanctions ing the European Union, are also con- the beginning—of our efforts to free called for in this legislation. sidering sanctions against Burma. A this person and to free the people of All of us were relieved yesterday multilateral effort must be made so Burma. when the U.N. envoy in Burma was fi- that we send the right message and so I yield the floor. nally able to see Aung San Suu Kyi. that our efforts are as effective as pos- The PRESIDING OFFICER. The Sen- According to CNN, the U.N. envoy said sible. ator from Vermont. that she shows no sign of injury fol- I am proud to be an original cospon- Mr. LEAHY. Madam President, I lowing clashes with the pro-govern- sor of the Burmese Freedom and De- strongly support the Burmese Freedom ment group. His exact words were: mocracy Act of 2003. I look forward to and Democracy Act of 2002 that has She did not have a scratch on her and was continuing to work with my colleagues feisty as usual. been introduced by Senators MCCON- to help bring freedom and justice to NELL and FEINSTEIN. The legislation, as That is indeed good. the Burmese people. I was also glad to see the U.N. envoy was said, seeks to pressure the military Mr. KENNEDY. Mr. President, when calling on the members of the ASEAN junta in Burma to release Aung San Aung San Suu Kyi and her supporters to drop the organization’s policy of Suu Kyi, and to help bring democracy were so viciously assaulted last month, nonintervention. He stated: and human rights to Burma. Burma’s brutal leaders were respon- Several days last week—in fact, time ASEAN has to break through the strait- sible for yet another major crime jacket and start dealing with this issue. against human rights. The violent re- and time again—Senator MCCONNELL . . .The situation in Burma can only be came to the floor to speak on this changed if regional actors take their posi- pression of these democracy activists is issue. I want to commend my col- tions to act on it. a tragic and appalling example of the league, the senior Senator from Ken- I agree. The international commu- Burmese Government’s shameful and tucky, for his steadfast leadership. I nity has the responsibility to act to- continuing suppression of genuine re- associate myself gladly with his re- gether to pressure the SPDC. The time, form. marks. I have also joined him as an if there ever was a time, for appease- Only a year ago, Suu Kyi had been original cosponsor of this legislation. ment is over. It is always a time for de- released from one of her previous house The message the legislation sends to mocracy to flourish. Democracy has arrests in Burma, and that arrest had the ruling junta in Burma is clear: Its spoken. It is being held back by the lasted 19 months. This new atrocity has behavior is outrageous. By any stand- junta in Burma. It is time for them to outraged the world once again, and ard anywhere in the world, its behavior step aside. stronger action by the United States is outrageous. Aung San Suu Kyi is the I see the distinguished senior Senator and the entire international commu- rightful and democratically elected from Kentucky in the Chamber. I again nity is long overdue. leader of Burma. It is that simple. commend him for his leadership, and I The Burmese Freedom and Democ- Aung San Suu Kyi is the rightful, yield the floor. racy Act calls for stiffer economic elected leader of Burma, and the ruling The PRESIDING OFFICER (Mr. AL- sanctions and the immediate release of junta does not want her to take office EXANDER). The Senator from Kentucky. Suu Kyi and her supporters. She won because they know that their days of Mr. MCCONNELL. I thank my good the Nobel Peace Prize in 1991 for her in- repression, corruption, torture, and friend from Vermont for his important spiring courageous leadership. Again murder would be over. She and her fel- contribution in this debate and his and again, she shows us why she de- low opposition leaders must be imme- kind words about how we got to this serves it. She is an inspiration to all diately released. point. Ultimately, I guess we will all be who care about justice and human This legislation also sends a clear judged by whether or not this is effec- rights. signal to the administration, to tive, I say to my friend from Vermont. Mrs. HUTCHISON. Mr. President, I ASEAN members, and to the inter- For these sanctions to be truly effec- stand today in support of S. 1182, intro- national community that we need to tive, we have to lead and the rest of the duced by Senator MCCONNELL that I am turn up the heat on this illegitimate world has to join us in sanctions of a cosponsoring. This bill answers the ris- regime. regime that truly operates on a multi- ing concern that democracy cannot The efforts of Senators MCCONNELL lateral basis like those that worked in begin to take its first promising steps and FEINSTEIN are already having an South Africa. in Burma. The news in the last few impact. On June 5, 2003, our State De- I ask unanimous consent that Sen- days clearly indicates that democracy partment issued a strong statement, ator CAMPBELL be added as a cosponsor in Burma is in serious trouble again. which reads: to this bill. On Friday, May 30, in its latest The continued detention in isolation of The PRESIDING OFFICER. Without crackdown against the National Aung San Suu Kyi and other members of her objection, it is so ordered. League of Democracy, Burma’s mili- political party is outrageous and unaccept- Mr. GRASSLEY. Mr. President, tary regime detained Aung San Suu able. today I am pleased to express my Kyi, a popular prodemocracy activist,

VerDate Jan 31 2003 03:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.122 S11PT1 S7698 CONGRESSIONAL RECORD — SENATE June 11, 2003 and other leaders of her political party. ingly chose Aung San Suu Kyi as their the National League for Democracy, There are reports that her car had been leader. Rather than sitting at the head won an election in Burma with 82 per- hit by gunfire, and conflicting reports of a democratic Burmese Government, cent of the vote. whether she had been hurt. she is sitting in a Burmese jail, a pris- It was a clear sign that the Burmese The clash came in a town 400 miles oner of the military rulers. people had rejected its military rulers north of the capital city of Rangoon. The existence of a democratically that had been in place since 1962. Un- She was transported to Rangoon where elected government-in-waiting makes fortunately, the people of Burma were she remains under house arrest. It took Burma unique, but that is not all that denied its true leader when the mili- nearly 2 weeks of constant inter- makes Burma unique. tary regime arrested Suu Kyi and thou- national pressure on Burma’s military Suu Kyi has consistently supported sands of her supporters. regime for a United Nation’s envoy to sanctions against the military rulers of For the past 13 years, Suu Kyi has visit her yesterday. The envoy reported Burma, and 3 years ago, the Inter- courageously pushed for democratic re- she is in good spirits and had not been national Labor Organization, for the form in Burma through nonviolent hurt in the clash that resulted in her first time in its 82-year history, urged means even through she spent a great detention, but Burmese officials still the world to impose sanctions against deal of this time under house arrest. refuse to give a timetable for her re- those rulers. For her bravery and dedication to free- lease. The bill we consider today will send a dom and democracy, she was awarded When Aung San Suu Kyi was de- strong message to the illegitimate the Nobel Peace Prize in 1991. tained, the Burmese Government military regime in Burma that their Last year, the military rulers of closed the offices of the National recent actions in attacking Suu Kyi Burma released Suu Kyi from house ar- League of Democracy and arrested and her followers and imprisoning Suu rest. But, apparently, the strong sup- some of its provincial leaders. They Kyi are intolerable. A unanimous pas- port Suu Kyi continues to receive from also closed all university and college sage would send that signal loud and the Burmese people was too much for campuses. The Burmese military gov- clear. the ruling military regime. On May 30, in a northern Burmese ernment is acting with renegade aban- These sanctions would be most effec- town 400 miles from Rangoon, sup- don. tive if the whole world joined us. Uni- porters of the military regime at- The detention of Aung San Suu Kyi lateral sanctions can send a strong tacked Suu Kyi’s convoy and had her follows a clear pattern by the ruling message, but they are rarely effective. arrested. Suu Kyi and thousands of her military over the past decade to pre- In fact, they can even end up uninten- supporters were reportedly injured in vent her and her political party from tionally adding further misery to an al- the attack. Scores of Suu Kyi sup- assuming power, despite the demo- ready oppressed people while leaving porters were reportedly killed. cratic election they won by a landslide their rulers unscathed. The international community must in 1990. Barely a year ago, the Burmese Multilateral sanctions, on the other not let this act of brutality stand. That Government released her from 19 hand, can have a dramatic effect. I is why I am pleased to cosponsor and know that others are considering sanc- months of house arrest, but only after support Senator MCCONNELL’s legisla- intense international pressure. tions, including the European Union. I tion to increase sanctions on Burma. Aung San Suu Kyi captured the applaud their attention to this issue This legislation will impose a total world’s attention as a leader in the and urge them to act as we have acted. import ban on Burmese goods, freeze prodemocracy movement in her coun- I also urge the administration to the military regime’s assets in the try after her Government refused to let work with our allies, particularly those United States, tighten the visa ban on her party take office. She received the in the region, to create a united front Burmese Government officials, and Nobel Peace Prize in 1991 for her non- of sanctions against the military rulers make it U.S. policy to oppose any new violent efforts to promote democracy. of Burma. We must work toward multi- international loans to Burma’s current Today, the military rule in Burma has lateral support. leaders. shackled Aung Sun Suu Kyi again, but Importantly, this bill ensures that This is an important step. It is also the world has not lost notice. Burma will never fade from congres- important to make sure that the inter- It is time to isolate this oppressive sional minds. We will not simply im- national community and regional pow- regime and demand the release of those pose sanctions now and then forget all ers do their part to provide real and it is holding for doing nothing more about Burma. sustained pressure on Burma’s illegit- than seeking democracy for their na- Every year, we will vote on renewing imate rulers. tion. sanctions. Every year, we will be talk- I was pleased to see that the United Senator MCCONNELL’S bill will sanc- ing about Burma and how best we can States has sent formal diplomatic re- tion the ruling Burmese military work to aid those working for demo- quests to 11 nations in the region ask- junta, strengthen Burma’s democratic cratic change in that country. ing them to pressure the Burmese Gov- forces, and support and recognize the The military rulers of Burma should ernment on the release of Suu Kyi. National League of Democracy as the know that their crimes against Suu I also sent a letter to the Japanese legitimate representative of the Bur- Kyi, her followers, and the Burmese Ambassador asking his nation to put mese people. It is time to increase the people will be neither forgiven nor for- more pressure on Burma’s military pressure on those who seek to snuff out gotten. rules after Japan’s Foreign Minister in- the flame of democracy in a nation I appreciate the leadership of Sen- dicated that this incident would not whose people clearly support it. ators MCCONNELL and FEINSTEIN on set back democratization efforts in Mr. BAUCUS. Mr. President, I rise this issue. They deserve our thanks for Burma. I know our Japanese friends today to echo the condemnations of the consistently bringing the important will help us in this important issue of military rulers of Burma that my col- issue of human suffering in Burma to human rights and provide a stronger leagues have so forcefully offered. the attention of this body. condemnation of the attack on Suu Burma should by all rights be a pros- I would also like to thank Senator Kyi. perous country. It has over 50 million GRASSLEY. He and I worked hard to All nations, the international com- people, abundant natural resources, make changes to this bill that, in my munity, and regional organizations and a population hungry for democ- view, make it better. must take a stand against this outrage racy. I urge my colleagues to pass this bill carried out by Burma’s military lead- Instead, it is an international out- unanimously today, and I urge the ers. We must do our part to support cast, ruled by a few military men who House of Representatives and the this brave woman and her followers. finance their country through drug President to act soon to pass this bill Mr. LAUTENBERG. Mr. President, I trafficking and forced labor. into law. Let’s send the strongest sig- rise today to support S. 1215 and to ex- Perhaps most egregious is the failure nal possible to the illegitimate regime press my dismay about the current of the military rulers to recognize the in Burma. human rights situation in Burma. results of a free and fair election in Mrs. BOXER. Mr. President, 13 years On May 30, opposition leader Aung which the Burmese people overwhelm- ago, Aung San Suu Kyi and her party, San Suu Kyi and at least 17 officials of

VerDate Jan 31 2003 04:35 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.053 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7699 her party were detained after a violent The PRESIDING OFFICER. Without of democracy and freedom in Burma— clash with members of the Union Soli- objection, it is so ordered. something for which Aung San Suu Kyi darity Development Association, a gov- Mr. MCCONNELL. Mr. President, I is the living symbol. More than that, ernment-created organization that has believe I have about 5 minutes remain- she has recruited some of the most tal- increasingly taken on paramilitary ac- ing. ented and most dedicated young people tivities. Mr. ALEXANDER. That is correct. to her cause. The military junta that rules Burma Mr. MCCONNELL. How much time As reported by yesterday’s Wash- has stated that ‘‘only’’ four died in the remains on the other side? ington Post, one of those young people violence. The PRESIDING OFFICER. One was a young man by the name of Toe But the National League for Democ- minute 48 seconds. Lwin. This young man, and many oth- racy, Suu Kyi’s party, has put the Mr. MCCONNELL. Maybe we could ers in NLD like him, dedicated every death toll at 75. Furthermore, it is get some time on the other side. I yield once of his being to the cause. Bringing likely the Burmese Government delib- the remainder of my time to the Sen- change to Burma and protecting Aung erately provoked the clashes to justify ator from Kansas. San Suu Kyi were the things for which cracking down on opposition leaders The PRESIDING OFFICER. The Sen- he was willing to die. and closing down universities. ator from Kansas. This young man died trying to pro- Since May 30, the junta has kept Suu Mr. BROWNBACK. Mr. President, I tect her. I am told that she sees all of Kyi, who is the 1991 Nobel Peace Prize thank my colleagues for allowing me these dedicated, inspiring young people recipient, in an undisclosed location. to speak on this legislation. as her children. I am sure that it We have recently received word from The weekend before last, the military breaks her heart to know that blood a U.N. envoy that Suu Kyi is safe, and junta in Burma, ironically going by the has been spilt in this effort. members of the Burmese Government name of the State Peace and Develop- We cannot seek a better tribute to have promised that they will release ment Council, staged a violent clash this young man’s life than by aiding her expeditiously. between a government-supported mili- the cause of democracy by passing this I join with my colleagues in this tia called the United Solidarity and bill. body, and with the American people, in Development Association and activists The SPDC seems like a bunch of demanding that the Burmese regime of the National League for Democracy, bush-league autocrats. But what I want my colleagues to know is that this fulfill this promise immediately. The the NLD. group of thugs is not just some com- Government must also find those re- As reported in the press, during the mon banana republic or petty dictator- sponsible for the violence and hold ensuing assault on the NLD, these thugs attacked the caravan of sup- ship. them accountable. In 1988, the then-called State Law The bill we have before us today ad- porters led by Nobel Peace Prize laureate and democratic activist Aung and Order Restoration Council, dresses the serious human rights situa- SLORC, took power and began its re- San Suu Kyi and subsequently detained tion in Burma. The recent violence and pression of pro-democracy demonstra- her and 19 members of the NLD, killed detainment of opposition leaders exem- tions. After National Assembly elec- scores of NLD activists and, in the plify Government repression conducted tions in 1990, which were poised to aftermath, closed down universities on a systematic and frequent basis. overwhelmingly bring to power Aung and NLD offices in the country. This is S. 1215 would punish Burma’s dic- San Suu Kyi and the NLD, SLORC an- intolerable. Today I hope this institu- tators, who have a chokehold on the nulled the elections, began jailing tion can stand tall by roundly con- nation’s economic life, by barring the thousands of democracy activists, sup- demning this thieving, bantam tyranny import into the United States of goods pressed all political liberties, and peri- that is taking place in Burma. manufactured in Burma and by freez- odically placed Aung San Suu Kyi The regime claims they are detaining ing the U.S. assets of the regime’s lead- under house arrest. ing generals. These are targeted sanc- her, a Nobel Peace Prize winner, and And this is just the opening line of tions that would punish the military NLD supporters for their safety. They the story. These thugs conscript thou- dictators in Burma, those who are di- accuse her of causing unrest and vio- sands of their citizens, including chil- rectly responsible for suppressing lence and claim she is in danger be- dren, into the military to serve as por- human rights there. cause of inflammatory speeches she has ters and to work on state development Nearly 55 years after the Universal been giving on her tour of northern projects. In addition, narcotics is a big Declaration of Human Rights, and only Burma. business for the ruling Burmese gen- weeks after fighting a war to liberate I find this accusation to be abso- erals; however, there are some who will 24 million Iraqis, the U.S. Senate must lutely ridiculous, but nevertheless, a claim that we are getting full coopera- remain steadfast in its resolve to pre- common refrain coming from a govern- tion in combatting Burma’s trade in serve the freedom of peoples through- ment known for flaunting its human heroin and amphetamines. out the world. rights abuses which include slave The most recent International Nar- As a strong advocate for human labor, rape and forced prostitution, cotics Control Strategy Report pub- rights and democratic governance in pressing children into the military, all lished by the Department of State Southeast Asia, I call on this body to a carefully constructed campaign to reads, ‘‘Burma is the world’s second stand up to the military junta of terrorize the people of Burma and con- largest producer of illicit opium.’’ It Burma by passing this important legis- solidate the petty kleptocracy. continues stating ‘‘. . . no Burma lation. We need to send a message to Aung San Suu Kyi’s whereabouts are Army Officer over the rank of full these thugs that their brutal reign of now known; the UN Secretary Gen- Colonel has ever been prosecuted for oppression and terror does not go unno- eral’s envoy Mr. Razali Ishmail is in drug offenses in Burma. This fact, the ticed and will not last. Rangoon working to negotiate her re- prominent role in Burma of the family Mr. MCCONNELL. How much time do lease. I cannot bring myself to believe of notorious narcotics traffickers, and I have remaining? a word of what the SPDC says. It was the continuance of large-scale nar- The PRESIDING OFFICER. Five reported in the press that she has a se- cotics trafficking over the years of in- minutes. rious head injury; however, today I trusive military rule have given rise to Mr. MCCONNELL. I reserve the re- hear that Mr. Razali has seen her and speculation that some senior military mainder of my time, and I suggest the that she is unharmed. My colleague leaders protect or are otherwise in- absence of a quorum. from Kentucky and I do not believe it. volved with narcotics traffickers.’’ The PRESIDING OFFICER. The And the regime has done nothing to re- Yet I understand there was an active clerk will call the roll. assure any member of the inter- effort by some embedded bureaucrats The assistant legislative clerk pro- national community of their inten- to give the junta a free pass on drug ceeded to call the roll. tions. Aung San Suu Kyi is not free, certification. We are not dealing with Mr. MCCONNELL. Mr. President, I Burma is not free. the boy scouts of Southeast Asia. ask unanimous consent that the order In fact, this is part of a clear pattern I think that is the wrong approach to for the quorum call be rescinded. of continually thwarting the advance dealing with the problem of the SPDC’s

VerDate Jan 31 2003 04:23 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.126 S11PT1 S7700 CONGRESSIONAL RECORD — SENATE June 11, 2003 brutal rule. If today’s paper is accu- eke out some mere existence. This was I further announce that, if present rate, then it looks as if our government a government that cared absolutely and voting, the Senator from Massa- is beginning to take the correct steps nothing at all about them. chusetts (Mr. KERRY) would vote to respond to the situation. We have Now they have gone and arrested the ‘‘yea’’. put eleven countries on notice, notably Nobel Prize-winning activist, democ- The PRESIDING OFFICER. Are there Thailand and China, for their support racy activist who has done this in a any other Senators in the Chamber de- of Burma. peaceful way in Burma to try to bring siring to vote? This may be the mortal blow that her country forward. They have taken The result was announced—yeas 97, weakens the regime. That is why next the next step down the road on this an- nays 1, as follows: Wednesday I have planned hearings to archy of horrific treatment of their [Rollcall Vote No. 220 Leg.] discuss the support for the SPDC com- own people, a complete movement YEAS—97 ing from key players in the region. against the way the rest of the world is Akaka Dodd Lott Some of these countries need to give us moving. Alexander Dole Lugar some private assurances about their Allard Domenici McCain I support this resolution. It is very Allen Dorgan willingness to forgo continued support McConnell timely. I applaud Senator MCCONNELL Baucus Durbin Mikulski of the regime. Others need to be put on for his work. It is important we send Bayh Edwards Miller notice for the degree and nature of sup- this message that this regime is treat- Bennett Ensign Murkowski Biden Feingold Murray port for the SPDC junta. ing its own people so badly that these Bingaman Feinstein Nelson (FL) Singapore, North Korea, Russia, and Bond Fitzgerald sorts of conditions arise. We need to be Nelson (NE) Malaysia have all been in cooperation on record. The rest of the world needs Boxer Frist Breaux Graham (FL) Nickles or given assistance in the political, to be on record to press this regime to Pryor economic or military spheres. I will be Brownback Graham (SC) stop persecuting its own people in such Bunning Grassley Reed inviting members of the administra- terrible ways. Burns Gregg Reid Roberts tion and the NGO community to give I hope this will send a message to the Byrd Hagel their knowledge of on-the-ground sup- Campbell Harkin Rockefeller regime in Burma and to people around Cantwell Hatch Santorum port for the SPDC. the rest of the world that we will con- Carper Hollings Sarbanes This week, the Prime Minister tinue to bring economic and diplomatic Chafee Hutchison Sessions Thaksin Shinawatra of Thailand is in Chambliss Inhofe Shelby pressure in a quick fashion against this town for an important visit with Presi- Clinton Inouye Smith regime in Burma. This should not wait dent Bush. It was reported that the Cochran Jeffords Snowe for years to develop. Coleman Johnson Specter President has already weighed in with Furthermore, there are big questions Collins Kennedy Stabenow the Prime Minister. I hope to do the Conrad Kohl Stevens many times about whether these sanc- Cornyn same when I attend a luncheon today Kyl Sununu Corzine Landrieu tions work. Against a big economy Talent for the Prime Minister hosted by Sen- Craig Lautenberg there are legitimate questions. Against Thomas ator BOND. Crapo Leahy a small economy, against a situation in Voinovich Because the can predict the perils of Daschle Levin a country such as Burma, where it is Dayton Lieberman Warner dealing with a thieving, murderous dic- Wyden tatorship, many companies, especially located, I think these work very well DeWine Lincoln here in the U.S., are avoiding doing and it sends an extraordinary message NAYS—1 business with these guys altogether. to Burma. It also sends a big message Enzi to Thailand, which is a key country for Department stores, clothing manufac- NOT VOTING—2 us, to get their attention that they turers, footwear and apparel companies Kerry Schumer are all telling the junta to take a hike. should not repatriate the Burmese Maybe the Senate should consider back into Burma and we should recog- The bill (S. 1215), as amended, was passed, as follows: telling them the same. nize the refugee status for the Burmese I note my personal experience. I was in Thailand, a country that wants to S. 1215 on the Thai-Burma border in late 2000. work closely and carefully with us. Be it enacted by the Senate and House of Rep- This was on a trip where we were work- I yield the floor. resentatives of the United States of America in Congress assembled, ing on the issue of trafficking in per- Mr. MCCONNELL. Mr. President, I thank the Senator from Kansas for his SECTION 1. SHORT TITLE. sons, sex trafficking. We found at that This Act may be cited as the ‘‘Burmese point in time in 2000, and it continues contribution. I am not aware of any Freedom and Democracy Act of 2003’’. today, one of the highest trafficked more speakers on this side. SEC. 2. FINDINGS. areas in the world was between Burma Mr. LEAHY. Nor on this side. I am Congress makes the following findings: and Thailand. What was taking place willing to yield back the remainder of (1) The State Peace and Development was the people of Burma were fleeing the time. Council (SPDC) has failed to transfer power this totalitarian dictatorship that bru- Mr. MCCONNELL. Therefore, I ask to the National League for Democracy (NLD) talized its own people. The people of unanimous consent all time be yielded whose parliamentarians won an over- back. whelming victory in the 1990 elections in Burma were fleeing into Thailand. On Burma. that border, then, they were fresh meat The PRESIDING OFFICER. Without (2) The SPDC has failed to enter into for the people who traffic in persons, objection, it is so ordered. meaningful, political dialogue with the NLD primarily for sex exploration, pri- Mr. MCCONNELL. I ask for the yeas and ethnic minorities and has dismissed the marily of young girls. We saw girls 11, and nays. efforts of United Nations Special Envoy 12, 13 years of age, even younger, being The PRESIDING OFFICER. Is there a Razali bin Ismail to further such dialogue. taken—abducted in some cases—and in sufficient second? (3) According to the State Department’s some cases sold because the family was There is a sufficient second. ‘‘Report to the Congress Regarding Condi- The question is on the engrossment tions in Burma and U.S. Policy Toward so poor, sold into what they thought Burma’’ dated March 28, 2003, the SPDC has was a condition they would serve some- and third reading of the bill. become ‘‘more confrontational’’ in its ex- one in a home or work in a restaurant. The bill was ordered to be engrossed changes with the NLD. Instead, they were put in a brothel in for a third reading and was read the (4) On May 30, 2003, the SPDC, threatened Bangkok or someplace else in Thailand third time. by continued support for the NLD through- to a horrific environment at this very The PRESIDING OFFICER. The bill out Burma, brutally attacked NLD sup- young age, with most of them con- having been read the third time, the porters, killed and injured scores of civil- tracting AIDS, tuberculosis, and dying question is, Shall it pass? ians, and arrested democracy advocate Aung at a young age. This was one of the key The clerk will call the roll. San Suu Kyi and other activists. The legislative clerk called the roll. (5) The SPDC continues egregious human traffic areas of the world. It was being rights violations against Burmese citizens, caused by this government in Burma Mr. REID. I announce that the Sen- uses rape as a weapon of intimidation and that cared nothing about its people. ator from Massachusetts (Mr. KERRY) torture against women, and forcibly These were the most wonderful peo- and the Senator from New York (Mr. conscripts child-soldiers for the use in fight- ple in the world. They were trying to SCHUMER) are necessarily absent. ing indigenous ethnic groups.

VerDate Jan 31 2003 05:13 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.044 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7701 (6) The SPDC has demonstrably failed to cluding rape, and the Secretary of State, tension by such institution of any loan or fi- cooperate with the United States in stopping after consultation with the ILO Secretary nancial or technical assistance to Burma the flood of heroin and methamphetamines General and relevant nongovernmental orga- until such time as the conditions described being grown, refined, manufactured, and nizations, reports to the appropriate con- in section 3(a)(3) are met. transported in areas under the control of the gressional committees that the SPDC no SEC. 6. EXPANSION OF VISA BAN. SPDC serving to flood the region and much longer systematically violates workers (a) IN GENERAL.— of the world with these illicit drugs. rights, including the use of forced and child (1) VISA BAN.—The President is authorized (7) The SPDC provides safety, security, and labor, and conscription of child-soldiers. to deny visas and entry to the former and engages in business dealings with narcotics (B) The SPDC has made measurable and present leadership of the SPDC or the Union traffickers under indictment by United substantial progress toward implementing a Solidarity Development Association. States authorities, and other producers and democratic government including— (2) UPDATES.—The Secretary of State shall traffickers of narcotics. (i) releasing all political prisoners; coordinate on a biannual basis with rep- (8) The International Labor Organization (ii) allowing freedom of speech and the resentatives of the European Union to ensure (ILO), for the first time in its 82-year his- press; that an individual who is banned from ob- tory, adopted in 2000, a resolution recom- (iii) allowing freedom of association; taining a visa by the European Union for the mending that governments, employers, and (iv) permitting the peaceful exercise of re- reasons described in paragraph (1) is also workers organizations take appropriate ligion; and banned from receiving a visa from the United measures to ensure that their relations with (v) bringing to a conclusion an agreement States. the SPDC do not abet the government-spon- between the SPDC and the democratic forces (b) PUBLICATION.—The Secretary of State sored system of forced, compulsory, or slave led by the NLD and Burma’s ethnic nation- shall post on the Department of State’s labor in Burma, and that other international alities on the transfer of power to a civilian website the names of individuals whose entry bodies reconsider any cooperation they may government accountable to the Burmese peo- into the United States is banned under sub- be engaged in with Burma and, if appro- ple through democratic elections under the section (a). priate, cease as soon as possible any activity rule of law. that could abet the practice of forced, com- SEC. 7. CONDEMNATION OF THE REGIME AND (C) Pursuant to the terms of section 706 of DISSEMINATION OF INFORMATION. pulsory, or slave labor. the Foreign Relations Authorization Act, (a) IN GENERAL.—Congress encourages the (9) The SPDC has integrated the Burmese Fiscal Year 2003 (Public Law 107–228), Burma Secretary of State to highlight the abysmal military and its surrogates into all facets of has not failed demonstrably to make sub- record of the SPDC to the international com- the economy effectively destroying any free stantial efforts to adhere to its obligations enterprise system. munity and use all appropriate fora, includ- under international counternarcotics agreeing the Association of Southeast Asian Na- (10) Investment in Burmese companies and ments and to take other effective counter- purchases from them serve to provide the tions Regional Forum and Asian Nations Re- narcotics measures, including the arrest and gional Forum, to encourage other states to SPDC with currency that is used to finance extradition of all individuals under indict- its instruments of terror and repression restrict financial resources to the SPDC and ment in the United States for narcotics traf- Burmese companies while offering political against the Burmese people. ficking, and concrete and measurable actions (11) On April 15, 2003, the American Apparel recognition and support to Burma’s demo- to stem the flow of illicit drug money into and Footwear Association expressed its cratic movement including the National Burma’s banking system and economic en- ‘‘strong support for a full and immediate ban League for Democracy and Burma’s ethnic terprises and to stop the manufacture and on U.S. textiles, apparel and footwear im- groups. export of methamphetamines. ports from Burma’’ and called upon the (b) UNITED STATES EMBASSY.—The United (4) APPROPRIATE CONGRESSIONAL COMMIT- United States Government to ‘‘impose an States embassy in Rangoon shall take all TEES.—In this Act, the term ‘‘appropriate outright ban on U.S. imports’’ of these items steps necessary to provide access of informa- congressional committees’’ means the Com- until Burma demonstrates respect for basic tion and United States policy decisions to mittee on Foreign Relations, the Committee human and labor rights of its citizens. media organs not under the control of the on Finance, and the Committee on Appro- (12) The policy of the United States, as ar- ruling military regime. priations of the Senate and the Committee ticulated by the President on April 24, 2003, SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN is to officially recognize the NLD as the leon International Relations, the Committee BURMA. gitimate representative of the Burmese peo- on Ways and Means, and the Committee on (a) IN GENERAL.—The President is author- ple as determined by the 1990 election. Appropriations of the House of Representa- ized to use all available resources to assist tives. SEC. 3. BAN AGAINST TRADE THAT SUPPORTS Burmese democracy activists dedicated to THE MILITARY REGIME OF BURMA. (b) WAIVER AUTHORITIES.— nonviolent opposition to the regime in their (a) GENERAL BAN.— (1) IN GENERAL.—The President may waive efforts to promote freedom, democracy, and (1) IN GENERAL.—Notwithstanding any the prohibitions described in this section for human rights in Burma, including a listing other provision of law and except as provided any or all products imported from Burma to of constraints on such programming. in section 9, until such time as the President the United States if the President deter- (b) REPORTS.— determines and certifies to Congress that mines and notifies the appropriate congres- (1) FIRST REPORT.—Not later than 3 months Burma has met the conditions described in sional committees that to do so is in the after the date of enactment of this Act, the paragraph (3), no article may be imported vital national security interest of the United Secretary of State shall provide the appro- into the United States that is produced, States. priate congressional committees a com- mined, manufactured, grown, or assembled (2) INTERNATIONAL OBLIGATIONS.—The prehensive report on its short- and long-term in Burma. President may waive any provision of this programs and activities to support democ- (2) BAN ON IMPORTS FROM CERTAIN COMPA- Act found to be in violation of any inter- racy activists in Burma, including a list of NIES.—The import restrictions contained in national obligations of the United States constraints on such programming. paragraph (1) shall apply to, among other en- pursuant to any final ruling relating to (2) REPORT ON RESOURCES.—Not later than 6 tities— Burma under the dispute settlement proce- months after the date of enactment of this (A) the SPDC, any ministry of the SPDC, a dures of the World Trade Organization. Act, the Secretary of State shall provide the member of the SPDC or an immediate family SEC. 4. FREEZING ASSETS OF THE BURMESE RE- appropriate congressional committees a remember of such member; GIME IN THE UNITED STATES. port identifying resources that will be nec- (B) known narcotics traffickers from Not later than 60 days after the date of en- essary for the reconstruction of Burma, after Burma or an immediate family member of actment of this Act, the Secretary of the the SPDC is removed from power, includ- such narcotics trafficker; Treasury shall direct, and promulgate regu- ing— (C) the Union of Myanmar Economics lations to the same, that any United States (A) the formation of democratic institu- Holdings Incorporated (UMEHI) or any com- financial institution holding funds belonging tions; pany in which the UMEHI has a fiduciary in- to the SPDC or the assets of those individ- (B) establishing the rule of law; terest; uals who hold senior positions in the SPDC (C) establishing freedom of the press; (D) the Myanmar Economic Corporation or its political arm, the Union Solidarity De- (D) providing for the successful reintegra- (MEC) or any company in which the MEC has velopment Association, shall promptly re- tion of military officers and personnel into a fiduciary interest; port those assets to the Office of Foreign As- Burmese society; and (E) the Union Solidarity and Development sets Control. The Secretary of the Treasury (E) providing health, educational, and eco- Association (USDA); and may take such action as may be necessary to nomic development. (F) any successor entity for the SPDC, secure such assets or funds. (3) REPORT ON TRADE SANCTIONS.—Not later UMEHI, MEC, or USDA. SEC. 5. LOANS AT INTERNATIONAL FINANCIAL IN- than 90 days before the date that the import (3) CONDITIONS DESCRIBED.—The conditions STITUTIONS. restrictions contained in section 3(a)(1) are described in this paragraph are the fol- The Secretary of the Treasury shall in- to expire, the Secretary of State, in con- lowing: struct the United States executive director sultation with the United States Trade Rep- (A) The SPDC has made substantial and to each appropriate international financial resentative and other appropriate agencies, measurable progress to end violations of institution in which the United States par- shall submit to the appropriate congres- internationally recognized human rights in- ticipates, to oppose, and vote against the ex- sional committees, a report on—

VerDate Jan 31 2003 04:23 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.048 S11PT1 S7702 CONGRESSIONAL RECORD — SENATE June 11, 2003 (A) conditions in Burma, including human of Senators who have requested time in tack on the moratorium which cur- rights violations, arrest and detention of de- the morning. rently exists in the Gulf of Mexico, off mocracy activists, forced and child labor, The manager of the bill has sug- New England, the Pacific Northwest, and the status of dialogue between the SPDC gested—and we think it would be OK and California, and to do so in a way and the NLD and ethnic minorities; (B) bilateral and multilateral measures un- on our side—that tomorrow we would that will avoid a full and public debate. dertaken by the United States Government have an hour on our side and the ma- The OCS inventory, which is sug- and other governments to promote human jority would have 30 minutes on their gested in section 105, is neither benign rights and democracy in Burma; and side, and then the two leaders can de- nor innocuous. It will provide for a to- (C) the impact and effectiveness of the pro- cide if we vote at that time or some- tally duplicative survey to one that is visions of this Act in furthering the policy time later in the day. Staff is putting already conducted by the same office objectives of the United States toward that in the form of a unanimous con- that would be directed to do the study Burma. sent request, and perhaps we can enter under section 105, which is the U.S. De- SEC. 9. DURATION OF SANCTIONS. into that sometime later tonight. partment of the Interior Minerals Man- (a) TERMINATION BY REQUEST FROM DEMO- Mr. DOMENICI. We are looking for a agement Service. This is the front page CRATIC BURMA.—The President may termi- unanimous consent request that says of the latest of the 5-year reports, nate any provision in this Act upon the request of a democratically elected govern- in the morning 1 additional hour on which the Mineral Management Serv- ment in Burma, provided that all the condi- that side, a half hour on our side on the ice does on U.S. resources and reserves tions in section 3(a)(3) have been met. Graham amendment, and afterwards in the Outer Continental Shelf. As you (b) CONTINUATION OF IMPORT SANCTIONS.— there will be a vote. That is being pre- will see, this latest assessment was (1) EXPIRATION.—The import restrictions pared. In the meantime, the Graham done in the year 2000. So it has been contained in section 3(a)(1) shall expire 1 amendment is going to be offered for only 3 years since we had a comprehen- year from the date of enactment of this Act discussion this evening. sive analysis. unless renewed under paragraph (2) of this The PRESIDING OFFICER. The Sen- In light of that, why would we oppose section. ator from Florida. this new study? We would oppose the (2) RESOLUTION BY CONGRESS.—The import restrictions contained in section 3(a)(1) may AMENDMENT NO. 884 new study because we think it is dupli- be renewed annually for a 1-year period if, Mr. GRAHAM of Florida. Mr. Presi- cative and redundant. We oppose it be- prior to the anniversary of the date of enact- dent, I send an amendment to the desk cause it would allow certain tech- ment of this Act, and each year thereafter, a and ask for its immediate consider- niques, which have previously not been renewal resolution is enacted into law in ac- ation. used but which have been shown to be cordance with subsection (c). The PRESIDING OFFICER. The detrimental to the resources of the (c) RENEWAL RESOLUTIONS.— clerk will report the amendment. Outer Continental Shelf, including the (1) IN GENERAL.—For purposes of this section, the term ‘‘renewal resolution’’ means a The assistant legislative clerk read fish resources, to be utilized. But, in joint resolution of the 2 Houses of Congress, as follows: my judgment, the most insidious as- the sole matter after the resolving clause of The Senator from Florida [Mr. GRAHAM], pect is a provision in section 105 which which is as follows: ‘‘That Congress approves for himself, Mrs. FEINSTEIN, Ms. CANTWELL, states that after the inventory is com- the renewal of the import restrictions con- Mr. WYDEN, Mr. NELSON of Florida, Mrs. pleted it should be used as the purpose tained in section 3(a)(1) of the Burmese Free- BOXER, Mr. LAUTENBERG, Mr. EDWARDS, Mr. of analysis of the Outer Continental dom and Democracy Act of 2003.’’ KERRY, Mrs. MURRAY, Mr. LIEBERMAN, Mr. Shelf. Let me read to you subparagraph AKAKA, Mr. LEAHY, Ms. SNOWE, Mr. DODD, (2) PROCEDURES.— 5 under section 105: (A) IN GENERAL.—A renewal resolution— Mr. CHAFEE, Mrs. DOLE, Mr. KENNEDY, Mr. (i) may be introduced in either House of CORZINE, and Ms. COLLINS, proposes an The inventory and analysis shall identify Congress by any member of such House at amendment numbered 884. and explain how legislative, regulatory, and administrative programs or processes re- any time within the 90-day period before the Mr. GRAHAM of Florida. Mr. Presi- expiration of the import restrictions con- strict or impede the development of identi- dent, I ask unanimous consent that fied resources and the extent that they may tained in section 3(a)(1); and reading of the amendment be dispensed (ii) the provisions of subparagraph (B) shall affect domestic supply, such as moratoria, apply. with. lease terms and conditions, operational stip- ulations and requirements, approval delays (B) EXPEDITED CONSIDERATION.—The provi- The PRESIDING OFFICER. Without sions of section 152 (b), (c), (d), (e), and (f) of objection, it is so ordered. by the Federal Government and coastal the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), The amendment is as follows: States, and local zoning restrictions on on- (d), (e), and (f)) apply to a renewal resolution (Purpose: To strike the provision requiring shore processing facilities, and pipeline land- under this Act as if such resolution were a the Secretary of the Interior to conduct an ings. resolution described in section 152(a) of the inventory and analysis of oil and natural I think that language is clearly in- Trade Act of 1974. gas resources beneath all of the waters of tended to take the results of this newly Mr. SANTORUM. I suggest the ab- the outer Continental Shelf) mandated inventory and use them as sence of a quorum. Beginning on page 23, strike line 20 and all the basis, focusing exclusively on the The PRESIDING OFFICER. The that follows through page 25, line 8. issue of affecting domestic supply, to clerk will call the roll. Mr. GRAHAM of Florida. Mr. Presi- build the case that the moratoria, The assistant legislative clerk pro- dent, the amendment I have just of- which California and other coastal ceeded to call the roll. fered will strike section 105 from the States have had now for 20 years, would Mr. REID. Mr. President, I ask unan- legislation we are currently consid- be undermined. imous consent that the order for the ering. That moratoria has been voted on by quorum call be rescinded. This amendment is cosponsored by a Congress on many occasions in recogni- The PRESIDING OFFICER. Without long and diverse list of Senators: Sen- tion of the fact that, first, there are objection, it is so ordered. ators FEINSTEIN, DOLE, CANTWELL, other interests involved beyond maxi- f WYDEN, NELSON of Florida, BOXER, mizing the exploitation of our Conti- LAUTENBERG, EDWARDS, KERRY, MUR- nental Shelf oil and gas resources. ENERGY POLICY ACT OF 2003— RAY, LIEBERMAN, AKAKA, LEAHY, There are issues of the environment Continued SNOWE, DODD, CHAFEE, KENNEDY, and there are issues of the economy, Mr. REID. Mr. President, in speaking CORZINE, and COLLINS. which are dependent upon the environ- to the managers of the bill and the in- In this legislation, section 105 ap- ment—particularly, the purity of the terested parties in this matter, the pears to be benign. It calls for an in- water and the security of the coastal thought is—and this is not in the way ventory of Outer Continental Shelf oil areas. of a unanimous consent request but and gas resources that may be in the Second is the fact that it does not just to inform Members what we are ownership of the Federal Government. take into consideration the question of doing—the Senator from Florida will However, there are some insidious ob- we want to have a domestic supply of offer his amendment. He will speak on jectives and means to achieve those ob- oil and gas, but for what time period? it tonight. Perhaps the other Senator jectives in this legislation. If we were to initiate a policy that says from Florida, Mr. NELSON, will speak In my judgment, section 105 is noth- we will drain America first, we can rest on his amendment. There are a number ing more than a prelude to a direct at- assured that our grandchildren, if not

VerDate Jan 31 2003 05:13 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.048 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7703 our children, will live in an America long ago the Senate of the United of America that is alongside these that will be totally dependent upon for- States said to this committee of Sen- shores. eign petroleum sources. ators: Give us an energy policy for This says nothing about doing that, The estimate is that, as of today, we America’s future, prepare a blueprint, and everybody knows that we are not have known reserves of petroleum a program, a policy, a set of activities saying do anything whatsoever to which, at current levels of utilization, that tells us what we ought to be doing these shorelines. What we are saying will last approximately 50 years. We for America’s economic future, for our is, is it not, one, the responsibility of have much longer reserves of natural jobs, for our prosperity, as it relates to the committee to suggest to the Con- gas, stretching into the 200-year-plus energy. We thought that if we did noth- gress that we find out? I think the an- estimate. ing else, perhaps that little mission swer to that is unequivocal. Yes, we I think it is eminently wise public meant we ought to find out what we sure should. policy to say we will try to husband have. What does America own? Second, since you should have and our domestic resources as long as pos- We thought about it for a while and you did, should the Senate now turn sible to delay the date when we will be we said that is pretty simple. That is around and say you should have, you fully dependent upon foreign resources. exactly what they would like us to do. did, but we want to take it out, we This practice of providing moratoria on They would like us to find out—even if want to throw it away, and we do not certain of our resources plays a signifi- we don’t know what to do about it— want to do it? That is the issue. cant positive role in that policy of at- what we have. What do we own? So a I sense that there is going to be tempting to stretch our domestic re- simple proposition was put in here, enough fear established that people are sources. using the most modern techniques, dis- going to be voting as if we are destroy- As the list of cosponsors indicates, turbing nothing, to go out and find out ing something. Quite the contrary, I this is by no means a partisan issue. how much oil and gas is in the Outer think we are doing something positive. The moratoria have broad bipartisan Continental Shelf of the United I do not think we are destroying a support, and have had it for over 20 States—the property marked by my thing. We are saying to folks: We have years. This is also not an issue that is good friend from Florida in green on a lot of oil and gas out there. If the sit- bicameral. The House of Representa- his chart—that we have already, as a uation really gets bad—and what that tives has already adopted an Energy nation, said based on today’s cir- might be, I do not know; none of us in bill, stripping out language that was cumstances we don’t want to touch. this room knows—but if things got bad virtually verbatim to that which is in Does that mean we should not know enough, there it is, and we know it is 105 of the Senate bill. what is there? The distinguished Sen- there, and it has been measured with Our desire is to have the Senate take ator from Florida says: We do know the most modern-day techniques which the same position that our House col- what is there. No, we do not know what are, indeed, not only marvels but they leagues have already taken, so when is there because the most modern tech- are marvelous in terms of what they this issue is taken up in conference, niques are clearly changing what we will tell us about the capacity for the the issue of an inventory that has as know about what we own and what is future. its objective undermining the mora- underground. We do not have one of Unless my friend from Tennessee toria will not be a conferenceable item. those most modern evaluations that wants to say a few words, I do not in- I believe our colleagues in the House has been put over that property that is tend to spend any more time tonight. have shown wisdom in the course of ac- within our control that could be used We will split our half hour tomorrow tion they have taken, and I ask my for America if we ever needed it and, I among three or four Senators from the Senate colleagues to show the same would even say, in a crisis. committee in further response to the wisdom by eliminating section 105. I As an ultimate reserve, should we amendment that our distinguished urge my colleagues to vote in favor of not know what is there? That is the friend from Florida has brought to the this amendment, which will adopt or issue. It is, do we want to adopt an os- floor in a bipartisan manner with a lot reinforce a policy where we look at trich policy or do we want to adopt a of Senators. multiple issues in the management of policy of being on the surface, above I yield the floor. our coastal areas, including the issue board with our eyes open and know The PRESIDING OFFICER (Mr. of exploitation of the resources but precisely what we are looking at? That COLEMAN). The Senator from North also the potential effect of that exploi- is it. You can read the language. We Carolina. tation on other economic and environ- will read it very precisely. Mrs. DOLE. Mr. President, I rise in mental considerations; that we also It matters not too much to this Sen- favor of the Graham amendment to S. recognize the valid function of those ator from New Mexico what this Sen- 14, the omnibus Energy bill. My State adjacent State and local communities ate decides to do about this issue. It like so many others, is going through a and how this issue would be resolved, matters a lot to me as chairman of the painful economic transition. We have and the legitimacy of the Federal Gov- Committee on Energy that I do what I lost tens of thousands of jobs in tex- ernment’s Coastal Zone Management was asked to do, and I thought I was tiles and the furniture industry, family Act as the means by which those inter- asked to ask the committee members: farms are going out of business, and ests would be expressed. For all those Would you like to spend some Amer- many of these traditional manufac- reasons, I urge my colleagues to adopt ican tax dollars to find out what we turing jobs have been in rural areas, this amendment and strike section 105 own so that it will be there in the in- where there are fewer jobs and resi- from this bill, and then with the joy ventory on the rack, so to speak, in the dents are already struggling to make that we will know that we have taken event something happened to America? ends meet. a step to protect some of our most crit- I thought the answer to that question In 1999, North Carolina had the 12th ical ocean resources, move on to the was yes. We wrote it up, and we put the lowest unemployment rate in the consideration of other provisions in issue to the members. One member is United States. By December 2001, the this legislation. sitting here, the new Senator from State had fallen to 46th—from 12th to The PRESIDING OFFICER. The Sen- Tennessee. There was a rather large bi- 46th. That same year, according to the ator from New Mexico. partisan vote on a simple proposition. Rural Center, North Carolina compa- Mr. DOMENICI. I understand Senator Of course we want to know. Why would nies announced 63,222 layoffs. Our DOLE desires to speak on the same side. we want to stick our head in the sand State lost more manufacturing jobs be- I don’t intend to speak but for a mo- and say we know there is oil there, we tween 1997 and the year 2000 than any ment. I will do my speaking and other know there is gas there, but we do not State except New York. Entire commu- members of the committee will be wel- want to use the most modern tech- nities have been uprooted by this cri- come to do so in the morning. I will niques to tell America what is there? sis. According to the Employment Se- take a couple of minutes and then yield As is going to happen tonight and to- curity Commission of North Carolina, to them for the evening. morrow, there will be all this fear the jobless rate rose from 6 percent in As you well know, as you are a mem- aroused that we are going to harm the March to 6.4 percent just one month ber of the energy committee, not too sea line, the coastal shore, the beauty later.

VerDate Jan 31 2003 04:23 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.133 S11PT1 S7704 CONGRESSIONAL RECORD — SENATE June 11, 2003 So you can see, Mr. President, North completed in the year 2000, and in- are currently off limits to energy drill- Carolina is hurting. But one area that cludes estimates of undiscovered con- ing and exploration, but today we find remains strong is tourism—one of the ventionally and economically recover- this amendment is needed because the State’s largest industries. Each year, able oil and natural gas. We already underlying Energy Bill would essen- travelers venture into our State to know, for instance, that 80 percent of tially roll back a longstanding ban on enjoy the mountains of Asheville, the the Nation’s undiscovered, economi- exploration that protects our coastal Southern-city charm of Charlotte, the cally recoverable Outer Continental areas. beaches of the Outer Banks, and many Shelf gas is located in the Central and This Energy Bill calls for the Depart- other State treasures. Western part of the Gulf of Mexico, ment of Interior to inventory oil and Last year, there were 44.4 million which is currently not subject to the gas resources. It does not rule out ex- visitors to North Carolina, ranking it moratorium. ploration or drilling in any part of the the sixth most popular destination be- So it would appear that section 105 of Outer Continental Shelf and it does not hind California, Florida, Texas, Penn- this energy bill is duplicative and un- prevent exploration or drilling in areas sylvania and New York. In fact, last necessary. that are currently protected. year domestic travelers spend nearly In fact, the only logical explanation Some may say they just want to $12 billion across the State, generating for new data under section 105 would be allow an inventory of oil and gas off $2.2 billion in tax receipts. for future exploration activity like our coasts, but taking an inventory of The industry remains strong, despite drilling, which is inconsistent with the what lies beneath the sea floor is not the war, and the Nation’s economic current moratorium. We have a na- like taking an inventory of what is in concerns. In fact, while the tourism tional crisis. Now, more than ever, we the kitchen pantry. Looking for oil and volume nationwide increased by less must work to end our dependence on gas off our coasts is an invasive proc- than 1 percent last year, North Caro- foreign oil sources. It is vital that this ess. It carries risks. It harms marine lina saw a 3 percent increase in visi- Nation boost its domestic oil produc- life and it can create serious environ- tors. tion, but we cannot do so by ignoring mental damage. Put simply, tourism plays a vital the wishes of coastal communities in If it was just taking an inventory, it role in North Carolina’s economy, but North Carolina and other States that would be one set of environmental concerns, but I think we all know what is offshore drilling could drastically im- oppose drilling. pact these numbers. Our local people, not the Federal really going on and it is much more Communities along the Outer Banks Government, should decide what is best than inventory. This is not just about seeing what is out there. It is really have spoken out time and again for their areas. The Federal Govern- about preparing to drill for oil and gas against offshore drilling because of the ment should not take action that will in areas that have been protected for impact it cold have on the economy further hurt our already struggling and the environment—and I agree with years, for decades actually, by law. State economies. That is why I urge Let’s be clear. Oil companies are not them. support for the Graham amendment, I thank my good friend, Chairman going to spend millions of dollars to in- which would continue to protect those ventory our coasts just for the fun of DOMENICI, for his hard work and dedica- areas under moratorium. We owe it to it. They want to begin drilling in areas tion to produce a comprehensive en- our States. We owe it to our local com- that are protected, and this Energy ergy bill, one that will help our coun- munities. Bill would give them the start they try end its dependency on foreign oil. I yield the floor. want. While I fully support Senator DOMEN- The PRESIDING OFFICER. The Sen- I am reminded of that analogy about ICI’s efforts, I must disagree with re- ator from New Mexico. how if a camel gets its nose under the gard to section 105. Mr. DOMENICI. I ask unanimous tent, pretty soon the whole camel will Section 105 in the Senate bill has consent that when the Senate resumes follow. Well, if we do not want the been presented as a study of the oil and consideration of the bill tomorrow camel in our tent, stop it when it tries gas reserves in the Outer Continental morning at 9:30, there then be 90 min- to poke its nose in. Shelf, but the effect of this section utes of debate remaining prior to the Once those oil companies get their would be to open up scientific explo- vote in relation to the pending Graham equipment down there, they will be ration. The final bill that passed the amendment; provided further that Sen- steps away from setting up oil rigs and House of Representatives, as we have ator GRAHAM or his designee be in con- creating a host of dangers on our heard, rejects language that would trol of 60 minutes and the chairman in shores. If we do not want oil companies open up scientific exploration of the control of the remaining 30 minutes. drilling off our shores, then we cannot Outer Continental Shelf. Further, I ask consent that following let them get started with these so- The waters off the coasts of North the use of that time, the Senate pro- called inventory projects. Carolina have been placed off limits to ceed to a vote in relation to the amend- There are good reasons why over the further leasing under the current mor- ment, with no amendments in order to years Congress and past Presidents atoria. President Bush extended the the amendment prior to the vote. have agreed to protect parts of our moratorium and Secretary Norton has The PRESIDING OFFICER. Is there Outer Continental Shelf. In fact, that been very clear about the administra- objection? The Senator from Florida. moratorium that today protects the tion’s intention to uphold it. Congress Mr. GRAHAM of Florida. The Sen- coast of my State of Washington was and the Administration in the past ator from New Mexico said ‘‘in relation passed by Congress in 1990 and pro- have agreed with States in the mora- to.’’ That would not preclude the possi- tected by an executive order by the toria areas that drilling would pose too bility of an up-or-down vote as opposed first President Bush. Today, the cur- many risks to their economies and to a tabling motion? rent Bush administration wants to re- shores. Mr. DOMENICI. Either/or. peal that protection and pave the way Why then, in these tough economic The PRESIDING OFFICER. That is for drilling off our coasts. times, should States such as North correct. It would be either/or. Those who want to explore for energy Carolina be asked to bear the risk of Without objection, it is so ordered. off our coasts would like us to believe exploration for resources that are The Senator from Washington. it is harmless, but it is not. When we under moratoria and not even acces- Mrs. MURRAY. Mr. President, I rise consider offshore oil and gas develop- sible for development? Section 105 this evening to support the amendment ment, we have to be concerned about hints to a backsliding from that pro- offered by the Senator from Florida oil spills and the release of other toxic tection by allowing intrusive activities and commend him on his leadership on materials. There are other environ- into moratoria areas, through a study this issue. The amendment that is be- mental effects that pose dangers to ma- that is not needed. fore us tonight will prevent exploration rine mammal populations, fish popu- The Minerals Management Service in offshore areas that are currently lations, and air quality. Seismic test- already compiles estimates of Outer protected under law. The truth is, we ing techniques used by the offshore oil Continental Shelf oil and gas resources should not need a special amendment and gas industry can kill marine ani- every 5 years. In fact, the last one was to protect sensitive offshore areas that mals. This is not harmless.

VerDate Jan 31 2003 04:23 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.062 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7705 If this administration had a better to Washington State to see our beau- are launching from Vandenberg Air record on the environment, I might be tiful mountains, our beautiful forests, Force Base. Is there such a facility? inclined to give them more leeway, but and to fish. The last thing they want to Mrs. MURRAY. The Senator from this administration has shown an ea- see is oil drilling off our coasts. Florida makes an excellent point. Our gerness to roll back environmental pro- This underlying bill that allows an military needs to be ready for whatever tections on so many issues that they do inventory is simply a step for the oil conflicts come to them on the war on not have much credibility when they companies to then get in and drill. My terror. They need to be out there train- say they want to just look for oil off State would be absolutely appalled to ing. Certainly at Makah Air Force Base our coasts. see that happen. and the other bases we have, they need Last month, the Bush administration Mr. NELSON of Florida. What do you to know they have a place they can took another disturbing step to under- think about the rest of the Pacific train and not be interfered with. mine our environmental protection re- coast States, Oregon and California? I add, as the Senator from Florida lated to oil and gas drilling. In fact, on What would the people think? knows, there are other economies that May 26, 2003, the New York Times re- Mrs. MURRAY. As the Senator from we count on as well. Fishing is a tre- ported that the administration pro- Florida knows well, for all who live on mendous economy and part of our posed to defer for 2 years requirements coastal States, our economies are economy base in the State of Wash- for permits under the Clean Water Act struggling today; the high-tech indus- ington. They would not be excited for certain activities of oil and gas pro- try is struggling; Boeing has lost thou- about having oil rigs out there where ducers to prevent contaminated runoff. sands of jobs. people are fishing, as well as tourism, This is a bad precedent and a step in There is still the beautiful environ- but certainly the military is an impor- the wrong direction for protecting our ment that people come to visit. The tant part of my State. We want to environment. There is no good reason last thing anyone wants in our rain for- make sure they have the space they for oil and gas developers to be exempt ests, whether in Oregon or Washington, need for training. The Senator makes from requirements that are imposed on or the beaches of California, the last an excellent point. other developers to prevent contami- thing they want to see is an oil rig or, Mr. NELSON of Florida. I have to nated runoff. worse, an oilspill in the areas we care tell a little story to the Senator from So not only do they want to let the so much about. Washington before she leaves. In the big oil and gas companies start looking Mr. NELSON of Florida. I talked at middle of the 1980s I was the junior for oil in areas that have been pro- length with the senior Senator from Congressman from the east coast of the tected for decades, this Bush adminis- North Carolina earlier today. Senator State of Florida. There was a Secretary tration is going to free those oil and EDWARDS is quite concerned about the of the Interior named James Watt who gas companies from the rules everyone oil drilling off of the Outer Banks. was absolutely intent on drilling. They else has to follow to protect contami- The people directly affected are cry- offered for lease off the east coast of nated runoff. Not on my watch. We ing out. There are States that do not the United States leases for sale all the know there is a better way. Congress mind drilling off the coast—the State way from North Carolina south to Fort should be seeking long-term solutions of Louisiana, the State of Texas. There Pierce, FL. that make sense for energy develop- are about 2,000 wells in the Gulf of Perhaps I was green enough—I didn’t ment and that balance environmental Mexico and they are primarily off of know any better—to take him on. I protection and economic growth. The Texas and Louisiana, some off of Ala- took him on, as a junior Congressman. proposal to drill in areas of the OCS bama, some off of Mississippi, all of I was getting absolutely nowhere. We that are currently under moratoria those States whose Senators do not beat it back one year. They left it falls far short of the balanced approach seem to mind because it must reflect alone the next year and came back we need. I urge my colleagues to sup- their people’s feeling that there be oil with a new Secretary of the Interior port this amendment to stop an attack drilling. In the Gulf of Mexico, the ge- the third year and they were intent on decades of protection for our sen- ology shows that is where the oil and they were going to ram through those sitive coastal areas. gas is, in the western gulf, in the cen- leases. The only way I was able to beat I yield the floor. tral gulf, but not in the eastern gulf. it was I finally got the Department of The PRESIDING OFFICER. The Sen- The people of Florida simply do not Defense and NASA to own up to the ator from Florida. think it is worth the tradeoff of spoil- fact and to press that on the adminis- Mr. NELSON of Florida. Mr. Presi- ing the environment and spoiling a $50 tration back in the mid-1980s that you dent, I rise to support the Graham billion tourism industry to take the cannot be dropping the solid rocket amendment. I am a cosponsor. BOB risk where the geology shows there is boosters off of the space shuttle with GRAHAM and I have been battling on very little likelihood of oil, to take the oil rigs down there and you cannot be the question of oil and gas drilling off risk that a well will be hit, that an oil- dropping off the first stage, after it is the coast of Florida, and it is very spill will occur. spent, on the expendable launch vehi- clear to us, as we have waged this bat- There is another reason. We have tre- cles coming out of Cape Canaveral with tle over the course of the last 25 years mendous military facilities in the oil rigs out there. That is the only way in public office, that the people of Flor- State of Washington. What we are find- we beat it back in the mid-1980s. ida do not want it for environmental ing is with so many of the military fa- I thought they were going to leave us reasons but also for business reasons; cilities on the gulf coast now that the alone. Two years ago, when an impor- that Florida’s $50 billion tourism in- naval facility on Vieques Island in tant appointment was up in the De- dustry in large part is because we have Puerto Rico is being closed down, some partment of the Interior, I went to the beautiful, unspoiled beaches. of that training for the U.S. Navy is Secretary of the Interior, Secretary I know what the people in my State being shifted to the gulf coast of Flor- Norton, and she assured me that in the of Florida want. They do not want oil ida, not necessarily on the land. eastern Gulf of Mexico there would be drilling off their shore. I ask the Sen- Because of computers and virtual no attempt at oil drilling for the next ator from Washington what is the training, they can now image what 5 years. That was a commitment made thinking of her people in her State of would be the target zone, and it can be to me with regard to an appointment Washington? out in the middle of the Gulf of Mexico. and the Senate’s consideration. What is Mrs. MURRAY. Mr. President, I say That helps in preparation of our Navy in this bill does not break her commit- to my colleague from Florida, I have for its proper training, but will that ment, but it clearly starts to imply listened to his battles for many years Navy be able to train if there are oil that what is being done is the inten- as he has fought to protect the beau- rigs in the eastern Gulf of Mexico? The tion of drilling. tiful shores of Florida. I have seen the answer is no. I hope we are going to be able to shores of Florida, and they are gor- I ask the Senator from Washington, muster the votes with Senators who do geous. He is right, tourism is a critical is there any similar military activity not have coasts, with help from Sen- part of the economy of his State of in the Senator’s State? I certainly ators such as the distinguished Senator Florida, as it is to mine. People come know there is in California where they in the chair, listening to this debate.

VerDate Jan 31 2003 04:23 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.137 S11PT1 S7706 CONGRESSIONAL RECORD — SENATE June 11, 2003 With their help, we may just have the voice vote in an overwhelming show of cies and have been associated with votes. bipartisan support. So if we can pass fatal whale strandings. When Senator GRAHAM and I tried 2 this amendment of Senator GRAHAM, Dart core sampling, also authorized years ago just with regard to the Gulf this issue is over and done with be- in the bill, is known to cause the de- of Mexico off the State of Florida to cause of an identical provision in the struction of fish habitat on the sea keep the moratorium there, we did not bill that has passed the House. floor and to smother seabed marine life get but 35 votes for our amendment, so We already know that many coastal with silt. the amendment did not pass. It was States exercise their rights under the Is all of this damage and destruction later that I got that commitment from Coastal Zone Management Act because justified—just to gather data? I don’t Secretary of the Interior Gale Norton. oil and gas exploration plans that have think it is. But this is portending something been proposed would threaten those Additionally, in New Jersey our else. We are going to fight. I hope we States. In their own efforts to control economy depends heavily on shoreline have the votes. the destiny of their own shores and tourism. Mrs. MURRAY. Mr. President, I say their own environment, they have exer- Tourism in my State is a 10-billion- to my colleague from Florida, thank cised their rights under the Coastal dollar-a-year industry and provides em- you on behalf of all who care about this Zone Management Act not to have oil ployment for thousands of people. issue for your longtime battle and dili- drilling. We simply cannot afford damage to gence. Every time you are right, they Those who oppose this amendment, our shorelines, nor to the marine life keep coming back at you, but you keep when we hear the final debate tomor- which inhabits our coastal waters. winning. row, are going to argue that it is the What the Energy bill proposes is a I agree, there are a number of Sen- only section in the Energy bill that ad- step in the wrong direction. What pur- ators on this floor who are not from dresses the volatility of natural gas pose would be served by performing an coastal States but they should be join- prices. But how does it do that? We al- inventory of oil and natural gas re- ing because certainly they all come to ready know where natural gas is from. sources along the Outer Continental our States to see the beautiful coast- We know where it is from the 2000 as- Shelf, if there is no intention of drill- lines, whether it is Florida, Wash- sessment. We already know the Presi- ing in these regions? ington State, California, or Maine. dent and the Congress have acted to This provision completely undercuts They want to preserve that, too. They prevent leasing of oil and gas drilling, the language which Congress has ap- want to take their grandchildren and so what is the true purpose? What I proved for years—and it clearly under- great-grandchildren, some day, to your smell is a kind of fishy smell: what is cuts the stated wishes of the coastal State. I certainly hope they want to the true purpose? You have to come to States that would incur the greatest come to ours, too. If we devastate the the conclusion it is to roll back the damage. environment, the tourism will not be moratorium on oil and gas drilling in Our country needs new sources of en- there. the Outer Continental Shelf. What is ergy. And there are many energy I thank my colleague for working on the true purpose? It is to weaken the sources vastly underutilized in Amer- this issue. States’ rights under the Coastal Zone ica. Mr. NELSON of Florida. I am not a Management Act. We have barely scratched the surface junior Congressman anymore but I am For those reasons, I urge my col- of our country’s potential for devel- a junior Senator. Although there have leagues to support this Graham amend- oping renewable energy. been some birthdays between the time ment and strike this unnecessary lan- The enormous energy conservation I was a junior Senator and a junior guage from the Energy bill. and efficiency savings that are possible Congressman, I still have a lot of fight Mr. President, I yield the floor. are largely untapped. Too often these in me. Mr. LAUTENBERG. Mr. President, I measures are voluntary rather than a I think we have a decent shot of win- rise to speak on behalf of Senator part of the way we do business. ning this amendment and this vote will GRAHAM’s amendment. If we better utilize these untapped take place tomorrow. This amendment, which I cosponsor, sources of domestic energy, perhaps There is no need repeating a number would strike language in the Energy Congress won’t be tempted to sweep of the things that have been said. Let Policy Act that would authorize an in- aside the will of the people of New Jer- me summarize, on first glance, section ventory of the oil and gas resources on sey and the will of the citizens of other 105 of this bill seems reasonable. Do we the Outer Continental Shelf. coastal States. know what the resources are so we can This amendment mirrors a bill that We must continue, as we historically prepare an assessment? Upon further Senator CORZINE and I introduced last have, to recognize the right of States reflection, upon reading the language, month. It would protect the sensitive to govern their own shorelines. it becomes unnecessary and unreason- marine areas off the coast of New Jer- I urge my colleagues to vote for Sen- able when you recognize the Secretary sey and of other coastal States. ator GRAHAM’s amendment. of the Interior has conducted an inven- For over 20 years both Democratic Mr. KYL. Mr. President, what kind of tory just 2 years ago. On the plan there and Republican administrations have energy policy does this country need? is going to be an inventory that is respected the moratorium on leasing There is little argument about the need going to be conducted in 2005, just 2 and preleasing activities on Outer Con- for affordable, reliable energy from di- years from now. Why should the U.S. tinental Shelf. verse sources. The bill before us seeks Congress and the Secretary of the Inte- In his 2004 budget request, President to achieve that laudable goal in the rior go about duplicating the efforts Bush also honored the wishes of the worst possible manner: on the back of that had just been done and were going coastal States. the American taxpayer. This bill sub- to be done? We know most of the Outer His request included the traditional sidizes two types of energy. That which Continental Shelf is under a morato- moratorium language—and so should few consumers would be willing to pay rium. Almost all of those areas, under the Energy bill before us. for and that which companies would this plan, of section 105 of the bill The people of New Jersey, and the produce and consumers would pay for would be required to be reassessed residents of all coastal States, do not in the absence of subsidies. I ask my under the moratorium. So I am just want oil and gas rigs marring their colleagues if this makes any sense? not sure. I kind of smell something treasured beaches and fishing grounds. Let’s let the competitive market de- fishy here. Such drilling poses serious threats to termine our energy future. Let’s let Why does the Congress want to waste our environment and to our economy, the market, with millions of individual taxpayer money on a duplicative inven- and so do the technologies used to consumers pursuing their individual tory of areas off limits to oil and gas gather data. energy needs, based on their own exploration? The seismic surveys authorized in unique situations, steer this country’s The House of Representatives has al- the Energy bill produce explosive energy economy. Let us not dictate to ready realized the importance of this pulses which have produced docu- consumers and taxpayers how they amendment. They passed it with a mented organ damage in marine spe- should spend their energy dollars.

VerDate Jan 31 2003 04:23 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.140 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7707 Recently this body voted on a tax bill this issue. Her leadership and support ing for sustainability grants. Because that allows taxpayers to keep more of has been invaluable. I would also like of these potentially 6 new sustain- their hard-earned money in an attempt to thank Senator BINGAMAN for his sup- ability centers—from Georgia, Iowa, Il- to jump-start this economy. The tax port on this issue. As a long-time ally linois, North Carolina, Texas, and cut was passed on the premise that of the Women’s Business Centers and Washington State—and because the consumers and businesses are better all SBA programs, his assistance on SBA is incorrectly interpreting the suited than government to make sound this amendment has been very helpful. funding formula for sustainability economic decisions that translate into Last, I want to express my gratitude to grants in order to open new centers, economic growth. That same premise Senators HARKIN, EDWARDS, CANTWELL, the amount of funds reserved for Wom- applies to energy. Yet the Energy bill ENZI and DOMENICI, as well as Congress- en’s Business Centers in sustainability under debate tosses that premise out man MCINTYRE, for their backing and must be increased from 30.2 percent to the window. Suddenly the consumers for their hard work to resolve this 36 percent. and businesses of this country, which issue. This amendment does just that. It di- we are trusting to make sound eco- As I have said on more than one oc- rects the SBA to reserve 36 percent of nomic decisions to put the whole econ- casion, women business owners do not the appropriated funds for the sustain- omy back on track, cannot be trusted get the recognition they deserve for ability portion of the Women’s Busi- to make sound energy decisions. In- their contribution to our economy: ness Centers program—even though the stead, we are dictating their energy Eighteen million Americans would be SBA already has the authority on its choices for them. No body of persons, without jobs today if it weren’t for own to increase the reserve—thereby not even a panel of 100 of the world’s these entrepreneurs who had the cour- protecting the established Women’s most brilliant economists, let alone age and the vision to strike out on Business Centers form almost certain the Senate of the United States, has their own. For 18 years, as a member of grant funding cuts and still providing the knowledge, wisdom or foresight to the Senate Committee on Small Busi- enough funds to open six or more new make such decisions rationally for mil- ness and Entrepreneurship, I have centers across the country. lions of American citizens. worked to increase the opportunities I want to again express my sincere Let’s take a look at what this bill for these enterprising women in a vari- and steadfast support for the growing would do. It mandates greater use of ety of ways, leading to greater earning community of women entrepreneurs ethanol, a fuel that is already heavily power, financial independence, and across the Nation and for the invalu- subsidized. Without subsidies and man- asset accumulation. These are more able programs through which the SBA dates, ethanol would virtually cease to than words. For these women, it means provides women business owners with exist as a motor fuel. It subsidizes re- having a bank account, buying a home, the tools they need to succeed. As a newable energies such as wind power, sending their children to college, call- long-time advocate for women entre- which again would not survive in the ing the shots. preneurs and SBA’s programs, my competitive marketplace due to the And helping them at every step are record in support of the SBA’s women’s high cost and low value of the elec- the Women’s Business Centers. In 2002 programs and for women business own- tricity produced. It subsidizes coal, al- alone, these centers helped 85,000 ers speaks for itself. I have continually ready the most plentiful and affordable women with the business counseling fought for increased funding for the energy source in this country. Coal and assistance they likely could not women’s programs at the SBA, for sus- power will continue to thrive in this find anywhere else. Cutting funding for taining and expanding the women’s country whether subsidized or not, as any centers would be harmful to the business centers, and for giving women long as we don’t regulate it out of ex- centers, to the women they serve, to entrepreneurs their deserved represen- istence, yet we are providing subsidies their States, and to the national econ- tation within the Federal procurement for coal power. This bill subsidizes nu- omy. process, to name a few. With respect to clear power, which would probably be The funding gap for Women’s Busi- laws assisting women-owned busi- competitive were it not for the onerous ness Centers in sustainability exists nesses, I have been proud to either in- regulatory restrictions that needlessly because the Small Business Adminis- troduce the underlying legislation or burden that industry. The list goes on. tration has chosen to short-change ex- strongly advocate to ensure their pas- Let me suggest that the greatest ob- isting, proven centers in order to open sage and adequate funding. stacle to affordable and reliable energy new, unproven ones. By incorrectly in- This amendment is necessary to con- in this country is the U.S. Government. terpreting the funding formula set up tinue the good work of SBA’s Women’s Before this body looks outward for so- in the Women’s Business Centers pro- Business Center network, and I urge all lutions to our energy problems, it gram, the SBA has made way for new of my colleagues to support it. should look inward. It should identify centers at the expense of those that are f those laws, regulations, and other Gov- already established. This is both bad ernment impediments that prevents policy and contrary to congressional MORNING BUSINESS this country’s citizens and businesses intent. Mr. REID. Mr. President, I ask unan- from making sound energy decisions. As the author of the Women’s Busi- imous consent that we proceed to a pe- We encumber the U.S. energy economy ness Centers Sustainability Act of 1999, riod of morning business. with all sorts of onerous and often I can tell you that when the Women’s The PRESIDING OFFICER. Without unneeded and outmoded rules that Business Centers Sustainability Act of objection, it is so ordered. raise the cost of energy and distort en- 1999 was signed into law, it was f ergy markets. Instead of fixing this Congress’s intent to protect the estab- EULOGY OF DAVE DEBUSSCHERE state of affairs, this bill compounds lished and successful infrastructure of these errors by further raising the cost worthy, performing centers. The law Mr. REID. Mr. President, I read in a of energy to American taxpayers and was designed to allow all graduating number of national publications brief further distorting energy markets Women’s Business Centers that meet excerpts of the eulogy that former Sen- through subsidies. certain SBA standards to receive con- ator Bill Bradley gave at the funeral of Mr. KERRY. Mr. President, I rise tinued funding under sustainability Dave Debusschere. The paragraphs I today to speak to an amendment to fix grants, while still allowing for new saw were really moving. a funding gap that exists for meri- centers—but not by penalizing those I was able to obtain a copy of the full torious Women’s Business Centers that that have already demonstrated their eulogy that Senator Bradley gave on are graduating from the first stage of worth. May 19 at St. Joseph’s Church in Gar- the program and entering the sustain- Currently there are 81 Women’s Busi- den City, NY. It is really, truly, a mov- ability portion. ness Centers in 48 States. Forty-six of ing eulogy. It outlines the context and I would like to first thank Senator these are in the initial program, 29 are the relationship of Dave Debusschere SNOWE, Chair of the Committee on already in sustainability, and 6 more and Bill Bradley and other members of Small Business and Entrepreneurship, are graduating or have graduated from the New York Knicks team, but espe- for working very closely with me on the initial program and are now apply- cially those two who were roommates

VerDate Jan 31 2003 04:23 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.143 S11PT1 S7708 CONGRESSIONAL RECORD — SENATE June 11, 2003 during many years of their travels he felt. No greediness. I never heard him talk ible Geri, our family visits to Long Island, around the country playing champion- about points. No excuses. He always took re- and on occasion a game like the one last ship basketball. It explains their per- sponsibility for his mistakes. spring when Willis, Dave, Earl and I went to Dave was a man of action, not words. He sonal relationship, as Bill Bradley can New Jersey for a Lakers/Nets playoff game was above the petty things in life, and he with loyalties split between Willis’s Nets and do. He explains also what a team is all wasn’t impressed easily. Power, fame, Phil’s Lakers. about. We, both in the majority and money, were not the currencies he traded in. Over the years I commiserated with Dave minority, are always working with our Friendship, loyalty, hard work, were what he about the way the Garden treated him when team. I recommend this as reading for placed the greatest value in. If Bush or Ma- he was G.M. I spoke at Peter’s college grad- everyone. donna or Rockefeller walked into a bar, I bet uation. I shared the pride that he and Geri I ask unanimous consent that the he’d barely look up from the beer he was felt as Michelle, Peter and Dennis grew into sharing with a friend. spectacular young adults. full text of the speech given by Bill There was a time when I’d slept in a room Bradley at the funeral of Dave And, I will never forget when he told me with Dave DeBusschere more than I had with how proud he was to be sitting in the gallery Debusschere be printed in the RECORD. my wife. We were roommates on the road for the day I was sworn into the Senate. Over There being no objection, the mate- six years. That’s about 250 games, 250 cities, the years he made campaign appearances in rial was ordered to be printed in the 250 hotels. New Jersey on my behalf, attended fund- RECORD, as follows: If the truth be told (as Geri knows), on raisers to add star power, and sloughed many occasions Dave woke me up with his EULOGY OF DAVE DEBUSSCHERE through the snows of Iowa and New Hamp- snoring. I’d say, ‘‘Dave.’’ To no avail. I’d shire in 2000. Whenever I asked him to do Geri, Michelle, Peter, Dennis, DeBusschere shout, ‘‘Dave!’’ Still no success. Finally I’d something, he was there; and every place he sisters and family. get out of bed, put my hands on his back and Today, Willis asked me to speak for him, went, he made people feel good. push him over on his side. he still wouldn’t Until last Wednesday, one of the most en- for Clyde, Earl and all the Knicks who loved wake up, but the snoring would stop. And I’d joyable things in life was talking basketball Dave. The moment I heard the news last get a few hours of sleep . . . until the next with Dave DeBusschere. The players and the Wednesday, it was as if a lightning bolt hit time. teams, the rules and style of play have all my heart. It was so shocking, so unexpected, You get to know someone when you’re changed, but the sharpness of his insights so final. with him that much. You hear about his life; When I saw the newspaper stories after never diminished. What he said was always you meet his friends and family; you know so clear and simple that I’d ask myself after- Dave’s death, one photo caught my eye. It what he likes to eat, what he likes to do in was of Dave driving to the basket, the ball in wards, ‘‘Why didn’t I think of that?’’ his downtime, what forms his daily habits; Championship teams share a moment that his left hand, legs sturdy, shoulders strong, you learn what he admires in people and few other people know. The overwhelming shock of dark hair matted with sweat, and a what he can’t stand. emotion derives from more than pride. Your face full of his unique determination. As I You can learn a lot of from your room- devotion to your teammates, the depth of looked at it, I was reminded of a time when mate, too, especially if he’s an experienced your sense of belonging, is something like we were all younger, and there was a magic pro and you are not. It was my second year blood kinship, but without the complica- about life. A magic about life—there is no in the NBA. I had just made the Knicks tions. Rarely can words express it. In the other way to describe those years on our starting team as a forward, and we had lost nonverbal world of basketball, it’s like grace Knick teams. How it felt to hear the roar of a close one in Philadelphia on a bad pass I and beauty and ease, and it spills into all the Garden crowd, to know the satisfaction made when the Sixers were applying full areas of your life. of a play well-executed, to feel the chills of court pressure. After the game I was de- So I say to my big brother: Be proud. You winning a championship, to share the cama- jected. Back at the hotel. Dave, who had brought all these things to the many lives raderie, even brotherhood, of working in an joined the team from Detroit two months you touched. Goodbye, we’ll miss you, #22. environment of mutual trust, with people earlier, saw how I felt and put me straight. May God grant you a peaceful journey. you respected, each of whom had the courage ‘‘You can’t go through a season like this,’’ he to take the last second shot. said. ‘‘There are too many games, Sure, you f Dave’s strength, his dedication, his unself- blew it tonight, but when it’s over, it’s over. ORDER OF PROCEDURE—S. 14 ishness, his fierce desire to win, and, above Let it go. Otherwise you won’t be ready to all, his commitment to the team, were all at play tomorrow night.’’ It was NBA lesson #1; Mr. REID. Mr. President, I ask unan- the core of that success. He seemed to say, Don’t make today’s loss the enemy of tomor- imous consent, with respect to the ‘‘What’s the point of achieving anything in row’s victory. Graham amendment No. 884, to which basketball if you can’t share it?’’ That’s the On occasion, Dave, Willis and I would go to we are going to proceed in the morn- beauty of having teammates. They know dinner on the road, and Willis would begin ing, and the hour of time we have, that what it takes to get through a long season, telling hunting stories—what weapons he Senator FEINSTEIN, Senator BOXER, and to recover from a loss, to pull out a win when used, where he used them and what the Senator CANTWELL each control 15 min- you’re hurt or tired. Dave believed that once weather was, how be tracked the animals, good players have put on their uniforms, ev- what his gear consisted of, the angle at utes of the 60 minutes. erything else about them—race, ethnicity, which he shot with his gun, or his bow and The PRESIDING OFFICER. Without personal history, off-court style—fades into arrow, and so forth. Dave and I were not objection, it is so ordered. the background. It’s time to play—together. hunters, but once Willis got started, it took Mr. REID. Mr. President, I suggest And we did. him more than a little while to finish. After the absence of a quorum. Dave DeBusschere left all of himself on the one such evening when we got back to our The PRESIDING OFFICER. The court every game. He held nothing back. I room, Dave said, ‘‘You know, I think Willis clerk will call the roll. can remember those nights on the road in likes to hunt!’’ The assistant legislative clerk pro- late February. Dave, his face drawn from the Dave also was not above practical jokes. long season; and Willis, with his brow Once after a championship season, the ceeded to call the roll. furrowed, and heating packs on each knee. DeBusscheres, Kladis’s and Bradleys char- Mr. FITZGERALD. Mr. President, I They would look at each other in the locker tered a boat to tour the Greek islands. One ask unanimous consent that the order room of the fourth town in five nights, and day we pulled up off an island beach, and for the quorum call be rescinded. their glances alone seemed to say, ‘‘I’m tired Dave and I dove off the boat to swim ashore. The PRESIDING OFFICER. Without to my bones. I don’t want to go out there, As we were coming out of the water, we objection, it is so ordered. but if you do it, I will too.’’ And they always found a lone man, laying on a towel. An f did. Together they set the character tone for American. He watched us emerge from the the team in a kind of shared leadership that sea, and shouted, ‘‘DeBusschere—Dave THE CRISIS IN THE MIDDLE EAST rarely needed words. DeBusschere. Bradley. Oh my God! Wait til Mr. WARNER. Mr President, I rise If I had $100 for every night Dave played my family sees this!’’ and he took off. Dave hurt, I could buy a nice car. One night, Dave looked at me; I looked at him, and with a today to express my concern about the caught an elbow in the face that broke his grin he said, ‘‘Let’s go.’’ We swam back to horrific violence which has erupted nose. The pain was obvious. I didn’t see how the boat, hid behind towels and watched as over the past few days in the Middle he was going to play the next night. But, the man, his wife and kids behind him, ran East. The world is distressed to see the there he was, ready to go, when the buzzer back onto the beach. ‘‘Honest they were images on T.V. of today’s suicide sounded—with a strip of plastic over his here!’’ We could hear him shout. ‘‘I saw bombing in Jerusalem and the attacks nose, held in place by white adhesive tape them! Really! They were here I swear it.’’ in Gaza. Condolences are extended to forming an ‘‘H’’ above and below his eyes. It’s been a long time since the Knicks were I think the fans loved Dave because they champions and I roomed with Dave. But time all of those who continue to pay the sensed what his teammates already knew: he has only deepened our friendship. I always price of this intolerable seemingly un- was the real thing. No pretense. He hated looked forward to our one-on-one lunches, controllable cycle of violence in the phonies. No guile. He told you exactly how our dinners with Ernestine and the irrepress- Middle East.

VerDate Jan 31 2003 05:33 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.144 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7709 This human suffering must be the Israeli elections concluded, and the im- East peace, and your suggestion concerning brought to an end. Once again I take minent confirmation of a Palestinian Prime a NATO peacekeeping force. I understand the floor of the Senate to call on both Minster, you are right to refocus inter- your view that such an offer could be a fur- sides both Israel and the Palestinians national attention on the Middle East peace ther inducement to the parties to reach process. agreement. to take the initiative to invite NATO Mr. President, in August 2002, I wrote to As you know, the issues dividing Israelis forces to undertake a peacekeeping you to propose an idea concerning the possi- and Palestinians are deep, complex, and role and to help provide a measure of bility of offering NATO peacekeepers to help hotly contested. The security arrangements stability needed to allow the ‘‘road implement a cease-fire in the Middle East. I of any settlement are one important element map’’ process to maintain a momen- have spoken of this idea numerous times on among many. Ultimately, our goal is for two tum forward. the Senate Floor. I am now even more con- states living side by side in peace. Over the President Bush is to be commended vinced that the United States and its NATO long term, such an arrangement must be sus- for his personal commitment to bring partners should consider an additional ele- tainable without the presence of outside ment for the ‘‘road map’’ concept: NATO the Israelis and the Palestinians to- peacekeeping forces. As we engage the par- should offer, and I stress the word ‘‘offer,’’ to ties in our effort to forge a peace agreement, gether on a path toward peace. Last provide a peacekeeping force, once a cease- I will keep your proposal under consider- week, President Bush, joining with fire has been established by the Israeli Gov- ation. world leaders, gave new impetus to the ernment and the Palestinian Authority. This I also agree with your comments about the Middle East peace process. He met with NATO force would serve in support of the importance of NATO’s role as we face the se- the Israeli and Palestinian prime min- cease-fire mechanisms agreed to by Israel curity challenges of the 21st Century. As you isters at Aqaba, Jordan, where these and the Palestinian Authority. The NATO know, at the NATO Prague Summit, Allied two leaders agreed to begin to imple- offer would have to be willingly accepted by leaders joined me in launching an ambitious both governments, and it in no way should ment the early steps of the ‘‘road map’’ agenda for modernizing NATO, including the be viewed as a challenge to either side’s sov- creation of a NATO Response Force, reform- to peace. ereignty. The acceptance of this offer would ing the command structure, and bringing in In Aqaba, both sides agreed to a step- have to be coupled with a commitment by new members who are committed to democ- by-step process whereby each takes Israel and the Palestianian Authority to co- racy and collective defense. I appreciate positive steps and makes some conces- operate in every way possible to permit the your strong support for this important ef- sions to achieve the stated goal of an peacekeeping mission to succeed. fort. Israeli and a Palestinian state, living I fully recognize that this would not be a We have begun steps to increase NATO’s side-by-side in peace. risk-free operation for the participating role in Afghanistan, and have asked NATO to NATO forces. But I nonetheless believe that Unfortunately, there are third par- consider assistance it could provide in post- the offer of peacekeepers from NATO would war Iraq. I welcome your support on these ties, such as Hamas and other radical have many benefits. First, it would dem- groups, that are making every effort to matters as well. onstrate a strong international commitment Sincerely, continue the violence and disrupt the to peace in the Middle East. Second, it would GEORGE W. BUSH. path to peace. These groups must not offer the prospect of a peacekeeping force be permitted to hijack the peace proc- that is ready today. It is highly capable, rap- Mr. WARNER. Mr. President, I spoke ess. idly deployable, and has a proven record of today with the press about the idea How can others help the Palestinian success in the Balkans. A NATO peace- that NATO, if requested, might provide leadership gain control of the security keeping force is likely to be acceptable to a peacekeeping force to support a both parties, given the traditional European situation on its side? cease-fire previously agreed to by the sympathy for the Palestinian cause and the Israeli Government and the Palestinian The Israeli and Palestinian leaders traditional United States support of Israel. should be urged first to fulfill their Third, this would be a worthy post-Cold Authority. NATO peacekeepers would commitments to establish and help to War mission for NATO in a region where have to be invited by both govern- enforce a cease-fire; and, second, to ask NATO member countries have legitimate na- ments, and in no way should be viewed the North Atlantic Council to consider tional security interests. It could even be an as a challenge to either side’s sov- sending a peacekeeping contingent as area of possible collaboration with Russia ereignty. The acceptance of this offer soon as practical. through the NATO-Russia Council. A NATO would have to be coupled with a com- I have spoken before on this subject peacekeeping mission in the Middle East mitment by Israel and the Palestinian would be wholly consistent with the Alli- Authority to cooperate in every way here on the Senate floor, and have ance’s new Strategic Concept. Approved at written to President Bush, about my the NATO Summit in Washington in April possible to permit the peacekeeping idea concerning how NATO might play 1999, the new Strategic Concept envisioned mission to succeed. a useful role in the quest for Middle so called ‘‘out-of-area’’ operations for NATO. I fully recognize that this would not East peace. I ask that my letter to Given the fractious debate in NATO over be a risk-free operation for the partici- President Bush and his reply be printed Iraq and the defense of Turkey, it would be pating NATO forces, some of which important to show that NATO can work to- in the RECORD. could be American. But I nonetheless gether to make a positive contribution to believe that the offer of peacekeepers There being no objection, the mate- solving one of the most challenging security rial was ordered to be printed in the issues of our day. from NATO would have many benefits. RECORD, as follows: There will be many detractors to the idea First, it would demonstrate a strong U.S. SENATE, of sending NATO peacekeepers to the Middle international commitment to peace in COMMITTEE ON ARMED SERVICES, East to help implement a cease-fire. But I the Middle East. By their presence, Washington, DC, March 14, 2003. think there is broad agreement on the imper- NATO peacekeepers might give hope to President GEORGE W. BUSH, ative to giving new hope to the peace process people on both sides that violence will The White House, and redoubling diplomatic efforts to keep be curtailed. Washington, DC. Israel and the Palestinians moving on the DEAR MR. PRESIDENT: I would like to com- road to peace. Peacekeepers coming from Second, it would offer the prospect of mend you on the step you took today to give many NATO nations could give new hope and a peacekeeping force that is ready to new impetus to the Middle East peace proc- confidence to the peoples of Israel and Pal- go, today. It is highly capable, rapidly ess by announcing that it was time to share estine that there could soon be an end to the deployable, and has a proven record of with Israel and the Palestinians the road violence that overhangs their daily lives. success with peacekeeping in the Bal- map to peace that the United States has de- Mr. President, I hope that you will receive kans. veloped with its ‘‘Quartet’’ partners. This is this idea in the constructive spirit in which Third, a NATO peacekeeping force is a welcome and timely initiative, given the it is offered. complex way in which the Middle East con- With kind regards, I am likely to be acceptable to both parties, flict, Iraq and the global war against ter- Respectfully, given the traditional European associa- rorism are intertwined. JOHN WARNER, tions with the Palestinian people and The festering hostilities in the Middle East Chairman. the traditional United States associa- are an enormous human tragedy. Along with THE WHITE HOUSE, tions with the people of Israel. you, and many others, I refuse to accept that Washington, April 29, 2003. Fourth, it would be a worthy post- this is a conflict without end. You have ar- Hon. JOHN W. WARNER, Cold War mission for NATO in a region ticulated a vision of an Israeli and a Pales- Chairman, Committee on Armed Services, U.S. tinian state living side by side in peace and Senate, Washington, DC. where NATO member countries have security. That is a bold initiative that de- DEAR MR. CHAIRMAN: Thank you for your legitimate national security interests. serves strong international support. With letter about the proposed roadmap to Middle In 1999, NATO adopted a new Strategic

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.102 S11PT1 S7710 CONGRESSIONAL RECORD — SENATE June 11, 2003 Concept that envisioned NATO oper- of the leader of Hamas because Hamas estinian prisoners, and has begun to ations, including peacekeeping oper- was an organization that helped take dismantle some outposts. They are im- ations, taking place outside of Europe. five soldiers’ lives in Israel on Sunday portant first steps. There will be many detractors to the night. Unfortunately, the hunt went Israel and the settlers have to come idea of sending NATO peacekeepers to awry and some innocent people were to terms with the inevitability of dis- the Middle East to help implement a tragically killed. mantling some settlements in order to cease-fire. There is, I acknowledge, a When an attack such as that takes allow for the eventual creation of a historical record of outside forces place, it is in response, it is in retalia- contiguous Palestinian state. I was being unsuccessful in security mission tion, to the violence that was visited gratified to hear five Arab leaders— in this area. But I invite the debate, upon the citizens in Israel. When these President Hosni Mubarak of Egypt, first and foremost among the NATO attacks take place, there is only one Crown Prince Abdullah of Saudi Ara- members themselves. mission. They are not hunting crimi- bia, King Abdullah of Jordan, King I think we can all agree on the im- nals. They are not trying to capture Hamada of Bahrain, and the new Pales- perative of redoubling our efforts to somebody. What they are doing is kill- tinian Prime Minister, Mahmoud keep Israel and the Palestinians moving innocent people—young people, old Abbas—release a statement last Tues- ing on the road to peace, and of offer- people, it does not matter. day, June 3, clearly asserting that they ing an alternative that may break the Today’s horrible attack on Jerusalem oppose terrorism and will not finance tragic cycle of violence. This is the re- is another illustration of why Hamas or arm extremist Palestinian groups. sponsibility not only of the United has no place in any peace process. This statement was long overdue. States, but indeed, of the entire inter- Hamas is a terror organization, has al- Right now the Arab leaders must transnational community. ways been a terror organization, and late this statement into action through Progress on Middle East peace would desires to continue as a terror organi- one central task, and that is strength- help us to continue the gains we have zation. I think it is time for the world ening the hand of the new Palestinian made in Iraq to spread peace in the to recognize that Hamas is in the same Prime Minister, Mahmoud Abbas. Middle East and to address the under- league as al-Qaida, and we know what This means conferring on Mr. Abbas lying causes that have given rise to we did when our people were attacked. the authority they once gave Yasser terrorist groups like al-Qaeda. We did the right thing. We sent our Arafat and condemning violent groups Mr. LAUTENBERG. Mr. President, I troops out. We were looking to capture such as Hamas and their rejectionist rise to talk about something that is the leader of that organization. agendas. Only a united international unrelated to any of the subjects we We would not stand by 5 minutes and front critical of terrorists and sup- have been discussing today. I rise to accept it. And Israel should not stand portive of Mr. Abbas’ plan for the Pal- talk about the news we just heard by 5 minutes and accept it. We cannot estinians’ future can facilitate the im- about an explosion in Israel and the look at the equal violence on both sides plementation of the roadmap. killing of 13 to 15 people—and it is of the issue in Israel and with the Pal- The United States should continue going to be more because, in addition estinians. They are not the same. exerting pressure on Syria to shut to that, there are over 50 who have Israel’s attacks are always in retalia- down its support for Palestinian terror- been seriously injured. We have wit- tion for violence that was put upon ists, Hezbollah, and other organiza- nessed an attack like this on innocent Israelis. The other side delights in re- tions, the organizations that have no civilians by mad men who encourage a cording the fact that a suicide bomber function except to disrupt the prospect son, a daughter, a brother, or a sister took 8, 10, 12 lives, their count—600 for peace. They should encourage the to blow themselves to smithereens, and people, or whatever the number is, in withdrawal of the Syrians from occu- their mission is to simply kill inno- equivalence in America. pied Lebanon and stem any production cents. It is time to understand what is or research on weapons of mass de- For a few moments, let’s review a going on there. I strongly believe the struction. scenario that perhaps would be better peace process has to continue, but it Sometimes it is hard to understand understood in our country. Think should continue with Palestinian lead- why an embattled country like Israel about a shopping mall or a busy street ers who have demonstrated that they will be so effective, so hard, in its rein New York, Detroit, Minneapolis, Los are interested in peace, as is now- sponse. It is only hard to understand if Angeles, or Louisiana, and think about Prime Minister Mr. Abbas. I commend you have not been there. This is a people who might be on the bus, young- the administration for deciding to re- country that seeks peace more than sters going to school, people going to engage in the Mideast conflict by in- any other place on Earth that we can the doctor, people going to work, peo- troducing and promoting a roadmap, a imagine. They have lost thousands of ple carrying on commerce, and imagine design, for Middle East peace. people, perhaps hundreds of thousands that someone came along with a bomb President Bush’s recent visit to the in the equivalent American counts. in one of those cities, Washington, DC, region was an important first step in There is a history of the people there and created an explosion that killed 700 renewing U.S. commitment to this en- that says they are always the subject people at one shot. That is the equiva- deavor, and the administration has to of some cruelty, some attacks, some lent, if we take the size of Israel, about remain committed to peace in the area. injury, some dead, from outsiders. 6 million people—we have 280 million— President Bush must forcefully deliver The last century saw the killing of it is about 45 to 1, so just do the mul- a message to the Palestinians about millions of Jewish people. That sets a tiplication. We are talking about 700 their need to reconstitute and consoli- tone. That tone says, make peace, people who would die in this senseless date their security agencies in order to make life satisfactory. Do the things attack. What would our response be in fulfill their stated goal to deter and you have to to create a society, a coun- America? We would call out the Army, punish terrorists such as Hamas, and try. Do what we can do about fighting the Navy, the Marines, the FBI, the po- he has to tell the Israelis that they disease, research what can be done lice, every agency that could retaliate, have the right to defend themselves. about turning arid lands into farm either to capture or gun down the lead- They have made very important over- lands, do what can be done to make life er of an organization that would seduce tures, especially when it comes to talk more livable. Yet, these criminal orga- a young person to sacrifice their life about dismantling some of the settle- nizations continue to press their at- for such a heinous purpose. ments. tack on Israel. Purportedly this was a response to a Mr. Abbas’ clear statement that the I make this suggestion. If the people tragic accident that took place as the violence of the intifada was a betrayal in Paris or London or Berlin or other Israelis were pursuing the leader of of the Palestinian cause is the most capital cities around the world had an Hamas, the organization that took important reason that there is hope for attack such as this, we would have a credit today for killing those innocent progress in the Middle East. I am also response from the U.N. and everybody people and that takes credit for lots of encouraged that as a goodwill gesture else. But when it comes to attacks on attacks on innocent people in Israel. Israel has opened its borders to Pales- Israel, there is a notable silence, ex- So there was a pursuit by the Israelis tinian workers, released about 100 Pal- cept for the only friend that Israel has

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.103 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7711 in the world, and that is the United Only 1 month ago CBO, estimated on to defend against and prepare for fu- States and the American people. that the Federal deficit would be $300 ture acts of terrorism. We look with horror and grief at billion—an alarming number consid- The President’s economic plan is not what took place this day. Unfortu- ering that when President Bush took about growing the economy or creating nately, this is not an unusual occur- office the Federal Government was jobs. It is a fiscally irresponsible plan rence as far as Israel is concerned. We running a surplus. Now, CBO has noti- that threatens to economically divide have to say that we in the United fied Congress that the deficit will be a our country. Cutting taxes is a popular States of America will not tolerate this record $400 billion. thing to do, and I am delighted to vote kind of violence, that we are going to CBO now projects that the federal govern- for tax cuts when they make good fis- let Israel fight back as hard as she has ment is likely to end fiscal year 2003 with a to, to defend herself and force the com- deficit of more than $400 billion, or close to cal sense. But it is not always the right munities in the Middle East to under- 4 percent of gross domestic product. The de- thing to do for the country and for the stand that there will be no peace for terioration in the short-term budget outlook security and economic well-being of anybody. That is very dangerous. That stems from continued weakness in revenue the American people. collections and from enactment of the Jobs The 1993 budget bill set the frame- conflict could escalate into a major and Growth Tax Relief Reconciliation Act of confrontation in other parts of the 2003, which will add an estimated $61 billion work to eliminate the Federal deficit world. to this year’s deficit in the form of tax cuts, and passed by the narrowest of mar- We send our sadness and condolences refundable credits, and aid to states. The re- gins. It was a tough vote for everyone to the people of Israel. We wish them cent extension of unemployment benefits who voted for that plan and many Sen- well in the future and hope peace will will boost outlays by another $3 billion this ators and Congressmen lost their seats soon be the only confrontation that year. For the first eight months of 2003, the in the subsequent election before the takes place, and that would be across government ran a deficit of $291 billion, CBO benefits of the plan could be fully real- estimates, about twice the shortfall it in- the table. curred in the same period last year. ized. That momentous vote set this I yield the floor. country on a course of surpluses, budg- When President Bush entered the et discipline and fiscal responsibility f White House in January 2001, the Na- unmatched in American history. Unfor- HONORING UWE E. TIMPKE tion was enjoying a record budget sur- tunately, the current administration— plus that was built with hard choices Mr. GREGG. Mr. President, I ask with its lack of fiscal responsibility— and determination over the previous 8 unanimous consent that the following has blown all of the progress that years. With breathtaking speed, this resolution from the HELP Committee many worked so hard to achieve. And administration’s fiscal irresponsibility be printed in the RECORD. the proof is in the latest CBO deficit has quickly turned those record sur- There being no objection, the mate- figures. rial was ordered to be printed in the pluses into record deficits. In 3 short RECORD, as follows: years, these policies have driven us fur- Earlier this year, the President said RESOLUTION OF THE COMMITTEE ON HEALTH, ther into debt, transferred a greater we should not pass on our fiscal prob- EDUCATION, LABOR, AND PENSIONS, U.S. share of tax receipts to the pockets of lems to future Presidents, Congresses, SENATE, JUNE 11, 2003, IN RECOGNITION OF the Nation’s most privileged, and and generations. On that point, I agree UWE E. TIMPKE turned millions of hard-working Amer- with him. Regrettably, year after year Whereas, Uwe E. Timpke has faithfully icans out of their jobs. his budgets have driven us deeper into served the Committee on Health, Education, In fact, the Labor Department re- debt, and his policies will do exactly Labor, and Pensions since September, 1972 as cently reported that the Nation’s un- what the President says we should a Detailee, Assistant Editor, and Editor, employment rate rose to 6.1 percent avoid: They will burden our children. working under six chairman of both parties; last month, the highest level in 9 and Whereas, he has worked conscientiously on years. Since the economy began slump- f behalf of the 74 members of the Senate who ing in early 2001, nearly 2.5 million jobs have served on the committee during his ten- have disappeared. LOCAL LAW ENFORCEMENT ACT ure; and In 2001, I voted against the Presi- OF 2003 Whereas, he has upheld the highest stand- dent’s first tax plan because it was too ards of the Senate and of the committee in skewed toward the wealthiest Ameri- Mr. SMITH. Mr. President, I rise his professionalism, unfailing courtesy, and cans and it was too fiscally irrespon- today to speak about the need for hate unflagging dedication to his work; and Whereas, his knowledge of all aspects of sible. Since then, we have gone from crimes legislation. On May 1, 2003, Sen- printing and editing committee documents record surpluses to red ink, and the ator KENNEDY and I introduced the has earned him the respect and admiration economy is still adrift. Local Law Enforcement Act, a bill that of all those with whom he worked on the Yet Congress passed a budget this would add new categories to current committee and throughout the Senate; and year—including another ill-advised tax hate crimes law, sending a signal that Whereas, his willingness to make time in a plan of $350 billion—that will only fur- violence of any kind is unacceptable in busy schedule to meet the special needs of ther deepen our deficits and pump up our society. the individual members of the committee, as the national debt. I voted against the well as his fellow staff members: Now, there- I would like to describe a terrible tax bill again this year because it is so fore, be it crime that occurred on November 10, clearly harmful to the economic health Resolved, That the Committee on Health, 2001. In San Antonio, TX, two people in of our country, especially with the cost Education, Labor, and Pensions expresses its ski masks robbed and beat the female deep gratitude to Uwe E. Timpke for his over of the war in Iraq and the ever-increas- owner of a small Persian restaurant, thirty years of tireless service to the coming peacekeeping expenses. leaving behind racial slurs on the mittee and to the United States Senate; and The budget plans this administration walls. The attackers forced open a back be it further has sent to Congress each year have Resolved, That the members of the Com- door. One of them bound the victim’s been full of misguided priorities and mittee on Health, Education, Labor, and hands and legs with duct tape and beat squandered opportunities. The Presi- Pensions of the United States Senate express her to the ground. The second attacker dent’s plans have severely underfunded their sincerest wishes that Uwe E. Timpke sprayed hate messages on the walls. will enjoy a happy and well-deserved retire- essential health, employment training ment. and education efforts. They have con- I believe that Government’s first duty is to defend its citizens, to defend f tained enormous Government give- aways to wealthy corporations and the them against the harms that come out AMERICA’S WORSENING FISCAL wealthiest individuals instead of proof hate. The Local Law Enforcement SITUATION viding relief for hard-working Ameri- Enhancement Act is a symbol that can Mr. LEAHY. Mr. President, the new cans and their families. And they have become substance. I believe that by Congressional Budget Office, CBO, been wholly inadequate to meet the do- passing this legislation and changing budget deficit numbers announced mestic security needs of the first-recurrent law, we can change hearts and Monday should trouble us all. sponder agencies that we are counting minds as well.

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.106 S11PT1 S7712 CONGRESSIONAL RECORD — SENATE June 11, 2003 DR. SAMUEL B. HAND, UNIVER- Although he started out teaching Euro- the Iraqi people will be tested by the SITY OF VERMONT PROFESSOR pean history when he arrived at UVM in 1961, responsibilities that come with free- OF HISTORY EMERITUS Hand quickly saw the merit of specializing in dom. The thugs who propped up the Vermont history. Mr. LEAHY. Mr. President, I come to His graduate students had a greater oppor- previous regime and outside forces the floor today to talk about an ex- tunity to have their work published than if with goals of their own will seek to traordinary Vermonter, Dr. Samuel B. they had chosen a broader and more heavily cause problems, stir up trouble, and Hand. Many people argue about what researched topic, and many of the students initiate violence. Freedom is messy— makes you a true Vermonter. Some say had a personal connection to the state’s his- nowhere more so than in a country tory. that has just shaken off a brutal dicta- it is if you were born there; some say it ‘‘I might have a student from California is if you plan to die there. Until the de- who was a sixth-generation UVMer with a torship. bate is concluded, the person who could grandfather who was once a state senator,’’ But the journey toward a democratic settle the matter is Dr. Hand. Hand said in an interview. ‘‘Vermont history Iraq has now begun. Like so many na- While originally from Long Island, in is very personal.’’ tions before it, Iraq now endures the 1961, Dr. Hand became a professor of Beyond his mentoring of students—for growing pains common to a fledgling European history at the University of which he was named UVM graduate faculty democracy. The uncertainty in today’s Vermont, UVM. As a scholar with a teacher of the year in 1994, the year he re- Iraq will soon give way to the promise tired—Hand has been a prolific researcher passion for history, Dr. Hand quickly and writer. of a better future for the Iraqi people. became one who added to Vermont’s The professor of history emeritus has writ- As we move closer to this goal, we achievements and glories. He empha- ten many articles about Vermont, and co-au- must remember those who sacrificed sized to his students the importance thored ‘‘Vermont Voices, A Documentary for this noble cause. and the excitement of the history of History of the Green Mountain State’’ in 1998 Today, I rise to honor a man who Vermont, resulting in a number of his and ‘‘A Vermont Encyclopedia,’’ which will made the ultimate sacrifice one can be out in August. make for his country and the cause of former students becoming teachers and His book, ‘‘The Star That Set, The archivists in Vermont. Vermont Republican Party, 1854–1974,’’ was freedom. Petty Officer 3rd Class Doyle Last month, the University of published last year. Wayne Bolinger, Jr., 21, of Poteau, died Vermont’s Center for Research on Hand, 72, has brought together organiza- last week in Iraq when an unexploded Vermont honored Dr. Hand as the re- tions and university disciplines that share a ordnance accidently detonated in the cipient of a lifetime achievement common interest in Vermont. As a former area where he was working. Bolinger, award for his expertise in Vermont his- president of the Vermont Historical Society who joined the Navy shortly after high and last year’s recipient of the Founders Cir- tory and his generous mentoring skills. school, was assigned to the Naval Mo- In addition to being the ‘‘heart’’ of cle Award from the Ethan Allen Homestead, Hand has extended his base beyond the walls bile Construction Battalion 133 based the history department, as his col- of UVM and reinforced the important colin Gulfport, MS, whose members are leagues called him, Dr. Hand coau- laboration between the state’s flagship uni- commonly known as Seabees. His unit thored a number of books, including versity and Vermont. has been in the Middle East since Janu- ‘‘Vermont Voices, A Documentary His- Along the way, he has influenced students ary providing construction support to tory of the Green Mountain State’’ and and aspiring historians to see Vermont his- our Armed Forces during military op- ‘‘A Vermont Encyclopedia’’, and di- tory—not as dry and distant—but as alive erations. rected a National Endowment for the and brimming with dramatic stories and interesting characters, such as Ethan Allen, Everybody liked Bolinger. He was Humanities-funded series, ‘‘Lake Samuel de Champlain and former Gov. known to always have a smile on his Champlain: Reflections on Our Past.’’ George Aiken, described by Hand as ‘‘the face. People in Poteau, who he often He was also one of the founding mem- quintessential Vermonter against whom helped out with various jobs, will miss bers of the University of Vermont’s other Vermonters measured themselves.’’ him especially. Center for Research on Vermont and Hand has played a major role in bringing His family recently issued a state- served as president of the Vermont His- Vermont stories to life and encouraging peo- ment saying, ‘‘Wayne is a very special torical Society and as president of the ple to know their roots and appreciate their young man and is proud to be a Navy home. It is work well worth a lifetime Oral History Society. Today’s editorial achievement award. Seabee. He died defending his country. in the Burlington Free Press praises He is without a doubt one of America’s f Dr. hand for ‘‘extend[ing] his base be- finest.’’ yond the walls of UVM and reinforced AN OKLAHOMA LOSS IN I could not possibly agree more. This the important collaboration between OPERATION IRAQI FREEDOM young man represents the very best the state’s flagship university and Mr. NICKLES. Mr. President, over this Nation has to offer. Petty Officer Vermont.’’ the past few months we have seen the Bolinger did not die in vain. He died so Both the University of Vermont and fall of Saddam Hussein’s brutal regime many others could live in security and the State of Vermont are truly fortu- coupled with the dawning of a new day freedom. For that sacrifice we are for- nate to have benefited from the dedica- for the Iraqi people. ever indebted. Our thoughts and pray- tion and intelligence of Dr. Hand. With major military combat oper- ers are with him and his family today Vermonters likes him make me proud ations in Iraq over and the security of and with the troops who are putting to represent such a great State. Mr. our homeland bolstered, America and their lives on the line in Iraq. President, I would ask that this state- her allies are turning our efforts to- f ment and the Burlington Free Press ward helping the Iraqi people build a REMEMBERING THE MIAS OF SUL- editorial be placed in the CONGRES- free society. TAN YAQUB ON THE 21ST ANNI- SIONAL RECORD. Like many Americans, I was thrilled There being no objection, the mate- and heartened by the dramatic images VERSARY OF THEIR CAPTURE rial was ordered to be printed in the of U.S. troops helping Iraqi citizens Mr. SCHUMER. Mr. President, I rise RECORD, as follows: tear down statues and paintings of Sad- today to ask my colleagues to join me [From the Burlington Free Press, June 11, dam Hussein. The Iraqi people needed in remembering the Israeli soldiers 2003] our help, our tanks, our troops, and our captured by the Syrians during the 1982 A VERMONT SCHOLAR commitment to topple Saddam Hus- Israeli war with Lebanon. It is with Samuel B. Hand still has a trace of Long sein. great sadness that we mark today 21 Island in his voice, but the retired Univer- For the first time in their lives, long years of anguish for their families, sity of Vermont history professor knows many Iraqis are tasting freedom, and who continue to desperately seek infor- more about Vermont than many of the like people everywhere, they think it is mation about their sons. state’s residents. wonderful. I am proud of our military On June 11, 1982, an Israeli unit bat- Hand was recognized for his contributions tled with a Syrian armored unit in the to the study of his adopted state last month and America’s commitment to make when he received a lifetime achievement the people of the Middle East more free Bekaa Valley in northeastern Lebanon. award from the University of Vermont’s Cen- and secure. Sergeant Zachary Baumel, First Ser- ter for Research on Vermont, of which he Our military men and women surely geant Zvi Feldman, and Corporal was a founding member. face more difficult days in Iraq, and Yehudah Katz were captured by the

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.064 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7713 Syrians that day. They were identified groups have been at the forefront of their families. For Barb and me it’s a treas- as an Israeli tank crew, and reported this pursuit of justice. I want to recog- ured moment to join with Bob Dole, Danny missing in Damascus. the Israeli tank, nize their good work and ask my col- Inouye, and two sons of Phil Hart, Jim and flying the Syrian and Palestinian flag, leagues to join me in supporting their Walter Hart; to be with my colleague Libby Dole. You know, I used to say that the U.S. was greeted with cheers from bystand- efforts. For two decades these families Senate was the world’s most exclusive club. ers. have been without their children. An- They used to say that. But now, Barb, my Since that terrible day in 1982, the swers are long overdue. wife, and Bob will testify to this, are mem- governments of Israel and the United The agony of the families of these bers of the truly most exclusive club in the States have been doing their utmost by kidnapped Israeli soldiers is extreme. world which is the Senate’s spouse club, be- working with the office of the Inter- They have not heard a word regarding cause now that Libby Dole is in the Senate, national Committee of the Red Cross, the fate of their sons. I believe that we Bob Dole knows what it’s like to be a Senate the United Nations, and other inter- must pledge to do our utmost to obtain spouse. national bodies to obtain any possible Thanks are due to so many people for mak- information about these soldiers and to ing this day possible. We are very grateful to information about the fate of the miss- bring them home, for the sake of peace, the General Services Administration for ing soldiers. According to the Geneva decency and humanity. their prompt response to the idea; Adminis- Convention, Syria is responsible for the f trator Perry, thank you. To the people of fates of the Israeli soldiers because the Battle creek, first and foremost, for again area in Lebanon where the soldiers dis- THE COAL ACT accepting three American soldiers into your appeared was continually controlled by Mr. SMITH. Mr. President, on June heart as you did tens of thousands of Amer- Syria. To this day, despite promises 10, Senator GRASSLEY, chairman of the ican soldiers many years ago. By renaming made by the government of Syria and Senate Committee on Finance, issued a this building and accepting these three names, you have again said what this com- by the Palestinians, very little infor- statement concerning the Coal Act, in- munity truly is all about and what you, in mation has been released about the cluded in the 1992 Energy bill, and very Battle Creek, and what the workers in this condition of Zachary Baumel, Zvi Feld- specifically the intolerable situation federal center are all about. Thank you for man, and Yehudah Katz. regarding reachback and taking them back into your hearts and em- Today marks the anniversary of the superreachback coal companies. bracing them by accepting these three day that these soldier were reported The tax levied on these companies in names. missing in action. Twenty-one pain- that act is unfair. It never should have For thousands of young soldiers, this was filled years have passed since their been enacted to begin with. It even ap- the place they came home, the place where a families have seen their sons, and still plies to companies that are no longer grateful America cared for the injuries they received defending our nation. And today, by Syria has not revealed their wherein the coal mining business. The Coal renaming this building we are paying tribute abouts nor provided any information as Act created the combined benefit fund, to three soldiers who became close friends to their condition. CBF, in an attempt to solve many of during their convalesces at Percy Jones One of these missing soldiers, the pension problems of retired coal Army Hospital, and went on to serve to- Zachary Baumel, is an American cit- miners. There were never any hearings. gether in the United States Senate. Renam- izen from my home of Brooklyn, NY. There was no serious debate on the ing the federal center after these three he- An ardent basketball fan, Zachary Senate floor. roes recognizes their unique achievements began his studies at the Hebrew School The combined benefit fund is ap- while honoring all those who received care in Boro Park. In 1979, he moved to here and who provided care here. As a new proaching insolvency. There are ac- generation of valiant soldiers emerges from Israel with other family members and countants who today would say it is al- the conflict in the Persian Gulf, and we continued his education at Yeshivat ready insolvent. It has been saved from greeted many of them just a few weeks ago Hesder, where religious studies are in- terminable illness only by annual ap- here in Battle Creek, it is more appropriate tegrated with army service. When the propriations in recent Appropriations than ever we remember past heroes who were war with Lebanon began, Zachary was bills. These appropriations do not per- wounded in service to their country. By hon- completing his military service and manently solve the problem. oring these three men we will inspire a new was looking forward to attending He- I, for a number of years, have at- generation to follow their example. Phil Hart, a native son of Michigan, was brew University, where he had been ac- tempted to pass legislation to solve cepted to study psychology. but fate wounded during the D-Day assault. He spent this issue. It is my hope that the House more than three months at the Army hos- decreed otherwise and on June 11, 1982, of Representatives would at last send pital here in Battle Creek. According to Bob he disappeared with Zvi Feldman and to the Senate a bill rectifying this Dole, Phil hart would tirelessly spend from Yehudah Katz. problem so we might also enact it and morning ’til night running errands for the During the 106th Congress, I cospon- at least put an end to this inequity. rest of us. He was, in Bob Dole’s words, and sored and helped to pass Public Law I know Danny Inouye shared this very deep- f 106–89, which specifies that the State ly, ‘he was without a doubt one of the finest Department must raise the plight of DEDICATION OF THE BATTLE men I ever knew’. Phil hart became the con- these missing soldiers in all relevant CREEK FEDERAL CENTER scious of the Senate, whose decency was leg- discussions and report findings to Con- endary and whose integrity was so deep that Mrs. DOLE. Mr. President, on Satur- he would without flinching take on an un- gress regarding the development in the day, May 31, I had the honor of being popular cause, or a powerful constituency, Middle East. We need to know that present at the renaming of the Battle for the good of the nation. every avenue has been pursued in order Creek, MI Federal Center for three Bob Dole arrived at Percy Jones in a plas- to help bring about the speedy return American heroes, the late Senator Phil ter body cast. His recovery program overall of these young men. Therefore, I Hart, my husband Bob Dole, and my took three years, which underscores his strongly feel that we must be sure to Senate colleague DAN INOUYE. courage and his determination. When told by continue the full implementation of This recognition would not have hap- doctors his disability would be career Public Law 106–89, so that information dooming, he refused to accept their diagnosis pened without the efforts of my friend and he fought successfully to prove them about these men can be brought to and colleague, CARL LEVIN. At the dedi- wrong. In his first speech in the Senate, in light. cation Senator LEVIN spoke eloquently 1969, which was 25-years to the day after his Zachary’s parents Yonah and Miriam and his message about honor, duty, serious wounds were received in Italy, lead- Baumel have been relentless in their country captured the attention and re- ing his squad of the 10th Mountain Division pursuit of information about Zachary spect of all those present at this impor- in the Italian Alps, Bob Dole, in that first and his compatriots. I have worked tant event. I thank him again and ask speech, called for the creation of a commis- closely with the Baumels, as well as unanimous consent that his remarks be sion to seek ways to assist people with disabilities. Two decades later, the Americans the Union of Orthodox Jewish Con- included in the RECORD. gregations of America, and the Amer- With Disabilities Act crowned that effort There being no objection, the mate- and in Bob Dole’s last speech in the United ican Coalition of Missing Israeli Sol- rial was ordered to be printed in the States Senate, he spoke of his meeting and diers, and the MIA Task Force of the RECORD, as follows: his friendship, his lifelong friendship that Conference of Presidents of Major ‘‘What an overwhelming moment this is for was created here with Phil Hart and Danny American Jewish Organizations. These all of us just to be with these heroes and Inouye.

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.068 S11PT1 S7714 CONGRESSIONAL RECORD — SENATE June 11, 2003 As a seventeen-year-old, Danny Inouye Larry King said, ‘‘Who could write that? in Bosnia and Herzegovina. Under the joined the Army. He joined the 443nd Regi- That’s fiction.’’ And Tom Brokaw said, ‘‘I direction of Ambassador Klein, the UN mental Combat Team, the ‘go for broke’ know, it’s amazing.’’ Mission in Bosnia and Herzegovina regiment comprised of Japanese American This building has helped define our nation completed the most extensive police soldiers. Their courage, in the face of often- for one hundred years, and how truly fitting insurmountable odds make them the most it is that three of our nations heroes, in war reform and restructuring mission ever decorated unit in Europe. His extraordinary and in peace, whose lives were first inter- undertaken at the United Nations. display of valor led to him receiving the Con- twined so closely here, whose friendships Ambassador Klein’s distinguished ca- gressional Medal of Honor. were forged here, who had a seminal life ex- reer in the U.S. Foreign Service and I want to read just a few words from that perience here, who were later united in the U.S. Air Force and Air Force Reserve particular Medal of Honor award to Danny Senate, are reunited again in the naming, demonstrates his continued willingness Inouye. ‘He directed his platoon through a and renaming, of this federal building. They to valiantly serve his country. In addi- hail of automatic weapon and small arms gained strength here, and then they gave tion to retiring as Major General of the fire. In a swift and developing movement again of that strength to brighten the future that resulted in the capture of an artillery U.S. Air Force, Ambassador Klein has of the nation that they loved. The renaming been awarded the Secretary of Defense and mortar post, he brought his men within of this building after them is icing on the 40-yards of the hostile force. Emplaced in 100th birthday cake of this wonderful, his- Outstanding Public Service award, the bunkers and rock formations, the enemy toric building. Air Force Distinguished Service Medal, halted the advance with crossfire from three Thank you. and a Bronze Star. machine guns. With complete disregard for I am particularly proud of Ambas- f his personal safety, Second Lieutenant Dan- sador Klein for his service to the iel Inouye crawled up the treacherous slope TRIBUTE TO AMBASSADOR United States and to the international to within five yards of the nearest machine JACQUES PAUL KLEIN gun and hurled two grenades, destroying the community. His hard work and com- emplacement. Before the enemy could retali- Mr. WARNER. Mr. President, I rise mitment to further the cause of inter- ate, he stood up and neutralized a second today to honor a friend and an out- national peace, to alleviate suffering, machine gun. Although wounded by a snip- standing citizen of the Commonwealth and to help those affected by inter- er’s bullet, he continued to engage other hos- of Virginia, Ambassador Jacques Paul national conflict have made him a re- tile positions at close range until an explod- Klein, on the occasion of his retire- spected member of the U.S. Foreign ing grenade shattered his right arm. Despite ment from the U.S. Foreign Service. Service. His central goal in life has the intense pain, he refused evacuation and Ambassador Klein was born in been to give something back, through continued to direct his platoon until enemy his military and government service, resistance was broken, and his men were Selestat in the Alsace region of France again deployed in defensive positions’. in 1939 and spent the first 5 years of his to the country that took him in after Now, I read that, not to single out Danny, life living in a war zone. When World World War II and provided him with so but to remind us all, that all the while that War II ended, Ambassador Klein and many opportunities. To that end, he he, and so many other Americans of Japa- his mother came to the United States has been a success that all Virginians nese descent like Danny, where fighting for in search of a better life and a brighter and all Americans can be proud of. us. Their families were in internment camps, future. They settled in Chicago, where I wish to extend my sincerest con- where they had been placed because of their gratulations to Ambassador Jacques ancestry during World War II, having been Mr. Klein worked his way through school and eventually joined the U.S. Paul Klein and his family on the occa- torn from their homes at the beginning of sion of his retirement. I am honored to the war. In combat, these men learned a val- Air Force, volunteering to serve his uable lesson that shaped their work in the new country in Vietnam. In so doing, recognize his many accomplishments Senate. In the foxhole, there are no Demo- he realized a dream that started as a and applaud his distinguished service crats and Republicans, liberals or conserv- young boy when he watched victorious to our great Nation. atives. There are only Americans. Having allied fighter planes flying over f fought to defeat those who would steal our France. IN REMEMBRANCE OF JANINE nation’s freedom, each of them, in their Sen- In 1971 Mr. Klein joined the Foreign ate careers, sought to ensure that all Ameri- LOUISE JOHNSON Service. His initial tour of duty was in cans would continue to realize the promise of ∑ Mr. LEAHY. Mr. President, I am here the Center of the Executive Secre- justice and liberty, a promise in our Con- to remember the life of Janine John- tariat, Office of the Secretary of State. stitution. son—formerly with the Senate’s Office Tom Brokaw’s name has been mentioned He was posted abroad to serve as Con- and I just wanted to read for you a short ex- of Legislative Counsel—who sadly sular Officer at the American Con- passed away last month while still in cerpt for an interview that Tom Brokaw had sulate General in Bremen, Germany. In with Larry King: the prime of her young life of 37 years. Tom Brokaw: ‘‘Difficult conditions are a 1979 he was selected to attend the Na- Janine served in the Senate for 13 test for great people. About whether they tional War College and upon gradua- years. Some of her major responsibil- can measure up to it or not. And a lot of tion served as a Senior Advisor for ities included drafting child nutrition these veterans that I have written about’’, International Affairs to the Secretary and agriculture legislation for me, and referring to his book, ‘‘said that it made a of the Air Force. In 1990 he once again for many other Senators. man out of me, or a young woman would say answered the call of his country re- After beginning her work for the Sen- I went from being a giddy teenager to being turning to Europe to serve as Senior a mature woman overnight.’’ ate, she had a hand in crafting every And then Brokaw went on, ‘‘I’ll just tell Political Advisor to the Commander major child nutrition law while I was you one quick story. I’ve been talking about and Chief of the United States Euro- chairman of the Agriculture, Nutri- the renewed need for public service and hav- pean Command in Stuttgart, Germany. tion, and Forestry Committee, when ing a sense that you do owe your country In 1996 United Nations Secretary Senator LUGAR took over as chairman something. In one hospital ward in Michigan, General Boutros Boutros Ghali selected after me, and for Chairman TOM HAR- there was a young man from Kansas who had him to serve as Transitional Adminis- KIN. had his arm shattered in combat in Italy, trator for Eastern Slavonia and She will be sorely missed as the Sen- and in the next bed was a young man from Baranya with the rank of Under Sec- ate prepares to complete the child nu- Honolulu who was a Japanese American, who retary-General. After directing another had lost his arm in the 442nd, and in the trition reauthorization this year. third bed was a young man from a family in successful international mission, Am- She was a careful, creative, and pre- Michigan who was also wounded. And he was bassador Klein once again answered the cise drafter of some of America’s most able to get out of the hospital, to get theatre call of his country—accepting the nom- important nutrition laws, which stand tickets and other things. Bob Dole was one. ination of the U.S. Government as the now in silent testament to her life. Danny Inouye was the other one. And Phil Principal Deputy High Representative She was as cheerful and careful at Hart, for whom the largest Senate office in Bosnia and Herzegovina. 2:00 p.m. working out complicated building is now named, was the third one. In 1999 after more then 2 years of drafts, as she was at 2:00 a.m. working And they talked about their future lives, and dedicated work to rebuild the war-torn on even more complicated drafts. My they all decided it would be public service. They had just given up their youth in com- Bosnia and Herzegovina, Mr. Klein was senior nutrition counsel for many bat, but they came back and said they want- named by United Nations Secretary years, Ed Barron, drove her home more ed to get involved running for public office. General Kofi Annan as Under Secretary than once after the metro closed at And they all ended up in the Senate.’’ General to the United Nations Mission midnight.

VerDate Jan 31 2003 05:40 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.122 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7715 I know how hard this tragic loss of the weighlifting and Spanish clubs. as she seeks an economics degree at weighs on her friends and colleagues at After graduating high school, where he Western Kentucky University. the Senate Legislative Counsel’s Of- served as part of his school’s ROTC I am pleased that Jessica takes such fice. unit, Jesse joined the Army in the an interest in her community and in She was admired by her peers, her military police division. agriculture. Her expertise and experi- friends, and her Senate clients. Jesse leaves behind his father, Alma ence will serve Kentucky well. I want It was clear from an early age that Halling, and his mother, Pamela to thank the Senate for allowing me to Janine would be a star. She graduated Halling. As I search for words to do jus- congratulate Jessica Collins. She is one first in her class from Winchester High tice in honoring Jesse Halling’s sac- of Kentucky’s finest gems.∑ School in Massachusetts. rifice, I am reminded of President Lin- f In 1986, she graduated with high hon- coln’s remarks as he addressed the IN HONOR OF NIRMAL K. SINHA ors from Harvard Law School. She families of the fallen soldiers in Get- OF OHIO clerked for the Honorable Cecil Poole tysburg: ‘‘We cannot dedicate, we can- on the U.S. Court of Appeals for the not consecrate, we cannot hallow this ∑ Mr. VOINOVICH. Mr. President, I Ninth Circuit. ground. The brave men, living and rise today to congratulate and pay Following her clerkship, she came to dead, who struggled here, have contribute to Mr. Nirmal K. Sinha of Wor- the Senate Office of Legislative Coun- secrated it, far above our poor to add thington, OH, as a 2003 Ellis Island sel. or detract. The world will little note Medal of Honor recipient. According to Janine’s friends here in nor long remember what we say here, The prestigious Ellis Island Medal of the Senate, she loved life outside the but it can never forget what they did Honor award is presented annually to Senate as much as her work within it. here.’’ This statement is just as true ‘‘remarkable Americans who exemplify Janine loved theater, music, and swing today as it was nearly 150 years ago, as outstanding qualities in both their per- dancing. I am certain that the impact of Jesse sonal and professional lives,’’ and ‘‘who Of Janine it can truly be said, that Halling’s actions will live on far longer have distinguished themselves as citi- there has ‘‘passed away a glory from than any record of these words. zens of the United States, while con- the Earth.’’ It is my sad duty to enter the name tinuing to preserve the richness of The poet Wordsworth continues— of Jesse M. Halling in the official their particular heritage.’’ ‘‘Though nothing can bring back the hour record of the Senate for his service to Nirmal Sinha is such an American. In Of splendor in the grass, of glory in the flow- this country and for his profound com- addition to creating a business in Ohio er; mitment to freedom, democracy and and being active in numerous civic or- We will grieve not, rather find peace. When I think about this just ganizations. Nirmal and his wife Tripta Strength in what remains behind.’’ cause in which we are engaged, and the have maintained strong ties to the Janine has touched many of our lives unfortunate pain that comes with the Asian Indian American community. I and honored the Senate with her dedi- loss of our heroes, I hope that families have often said, ‘‘show me someone cated and outstanding service.∑ like Jesse’s can find comfort in the who is proud of their ethnic heritage f words of the prophet Isaiah who said, and I’ll show you a great American!’’ I am proud to say I have worked with HONORING OUR ARMED FORCES ‘‘He will swallow up death in victory; and the Lord God will wipe away tears Nirmal Sinha for many years. In 1992, Mr. BAYH. Mr. President, I rise form off all faces.’’ as Governor of Ohio, I appointed him to today with a heavy heart and deep May God grant strength and peace to the Ohio Civil Rights Commission. I re- sense of gratitude to honor the life of a those who mourn, and may God bless appointed him in 1997, and I am grati- brave young man from Indianapolis, the United States of America. fied that Mr. Sinha served two 5-year IN. Private Jesse M. Halling, 19 years terms, helping to enforce State laws f old, was killed in Tikrit, Iraq on June prohibiting discrimination in housing, 7, 2003 when his military police station ADDITIONAL STATEMENTS employment, credit, and higher edu- came under grenade and small-arms cation. He has worked with the U.S. fire. Jesse joined the Army with his en- Department of Housing and Urban De- tire life before him. He chose to risk HONORING JESSICA COLLINS velopment and the U.S. Equal Employ- everything to fight for the values ∑ Mr. BUNNING. Mr. President, I have ment Opportunity Commission to de- Americans hold close to our hearts, in the privilege and honor of rising today velop outreach programs, particularly a land halfway around the world from to recognize Miss Jessica Collins of to Hispanic and Asian Americans. home. Brandenburg, KY. Jessica was selected As mayor of Cleveland and as Gov- Jesse was the sixth Hoosier soldier to as Kentucky’s winner of the 2003 Fu- ernor of Ohio, I was close to the Asian be killed while serving his country in ture Farmers of America Award. Jes- Indian American community and knew Operation Iraqi Freedom. Today, I join sica was recognized at an awards gala of Nirmal’s distinguished record as a Jesse’s family, his friends, and the en- hosted by the Louisville Courier-Jour- business leader and someone who was tire Indianapolis community in mourn- nal Newspaper as part of their 2003 Sa- active in a variety of civic organiza- ing his death. While we struggle to lute to Young Achievers. tions. Some of those organizations in- bear our sorrow over his death, we can Jessica earned this distinguished clude the Asian Indian American Busi- also take pride in the example he set, honor by sharing her commitment to ness Group, AIABG, of Columbus, bravely fighting to make the world a agricultural development through a founding member of the Global Organi- safer place. It is this courage and written essay reviewed and selected by zation of People of Indian Origin, strength of character that people will the Kentucky Association of Future GOPIO, the Asian Indian Alliance of remember when they think of Jesse, a Farmers of America and the Kentucky Ohio, and the Asian Indian Forum for memory that will burn brightly during Department of Education. The Political Education. these continuing days of conflict and thoughts conveyed in her essay are not Mr. Sinha also has served as a mem- grief. empty words, but instead, hours of ber of the Ameritech Consumer Advi- Jesse Halling was a hard-working hard work show her commitment to ex- sory Board, Columbus International student, admired by all who knew him cellence. Program, and Main Street Business As- for his strong work ethic and remem- A graduate of Meade County High sociation, member of the advisory bered by both friends and teachers as a School, Jessica’s future plans include board to the Ohio State University’s well-liked young man. Friends recall pursuing a college degree and con- Department of Communications, and a that Jesse always wanted to be a sol- tinuing her passion of ranching. Cur- director of the Central Ohio March of dier, to follow in the footsteps of his fa- rently, over 19 Angus cows and numer- Dimes and the International Center in ther, who had served for 4 years in the ous farming equipment fall under her Columbus. Air Force. ownership and direction. This strong Nirmal Sinha is an accomplished pro- Jesse graduated from Ben Davis High business interest was first sparked in fessional who always makes time to School in 2002, where he was a member her local 4–H chapter and will aid her give to others. Mr. Sinha is active in

VerDate Jan 31 2003 05:33 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.146 S11PT1 S7716 CONGRESSIONAL RECORD — SENATE June 11, 2003 both the National Association of Nirmal Sinha is someone all of us gambling, and for other purposes; to the Human Rights Workers, NAHRW, and would do well to emulate and I am Committee on Banking, Housing, and Urban the International Association of Offi- pleased and proud to salute him and his Affairs. cial Human Rights Agencies, IAOHRA. wife Tripti and their two daughters. f In 1998, the Columbus Dispatch I congratulate Nirmal Sinha as a 2003 ENROLLED BILLS PRESENTED awarded Mr. Sinha the Outstanding Ellis Island Medal of Honor winner. He Community Service Award. In 1989, he is an outstanding American whose The Secretary of the Senate reported received the Outstanding Community dedicated service to others helps im- that on today, June 11, she had pre- Service Award from the mayor of Co- prove the quality of life for his fellow sented to the President of the United lumbus. Americans every day.∑ States the following enrolled bills: Mr. Sinha’s record in human rights is f S. 222. An act to approve the settlement of exceptional. In 1998, he initiated the the water rights claims of the Zuni Indian first ever ‘‘Asian Roundtable’’ discus- MESSAGE FROM THE HOUSE Tribe in Apache County, Arizona, and for sion on Civil Rights with joint efforts At 3:30 p.m., a message from the other purposes. House of Representatives, delivered by S. 273. An act to provide for the expedi- involving the Equal Employment Op- tious completion of the acquisition of land portunity Commission and the Ohio Ms. Niland, one of its reading clerks, owned by the State of Wyoming within the Rights Commission. Also in 1998, Mr. announced that the House has passed boundaries of Grand Teton National Park, Sinha received the Dr. Martin Luther the following bills, in which it requests and for other purposes. King, Jr. Award for Community Serv- the concurrence of the Senate: f ice to the State of Ohio. H.R. 925. An act to redesignate the facility In his profession, Mr. Sinha is an ac- of the United States Postal Service located EXECUTIVE AND OTHER complished mechanical engineer and at 1859 South Ashland Avenue in Chicago, Il- COMMUNICATIONS has been involved in the design and linois, as the ‘‘Cesar Chavez Post Office’’. The following communications were construction of large electric power H.R. 1086. An act to encourage the develop- laid before the Senate, together with ment and promulgation of voluntary con- plants. He holds a bachelor’s degree in sensus standards by providing relief under accompanying papers, reports, and doc- mechanical engineering from the antitrust laws to standards development uments, and were referred as indicated: Jadavapur University in Calcutta, organizations with respect to conduct en- EC–2657. A communication from the Pro- India, and a master’s degree from the gaged in for the purpose of developing vol- gram Analyst, Federal Aviation Administra- Polytechnic University of New York. untary consensus standards, and for other tion, Department of Transportation, trans- He also studied management at the purposes. mitting, pursuant to law, the report of a rule Ohio State University and computer H.R. 1529. An act to amend title 11 of the entitled ‘‘Modification of Class E Airspace; Rock Rapids, IA; Docket No. 03–ACE–28 science at Franklin University. Cur- United States Code with respect to the dis- missal of certain involuntary cases. (2120–AA66) (2003–0097)’’ received on June 9, rently, he is president of Marketing H.R. 2030. An act to designate the facility 2003; to the Committee on Commerce, USA Group, a consulting firm he of the United States Postal Service located Science, and Transportation. founded which advises clients on en- at 120 Baldwin Avenue in Paia, Maui, Hawaii, EC–2658. A communication from the Pro- ergy, telecommunications, technology, as the ‘‘Patsy Takemoto Mink Post Office gram Analyst, Federal Aviation Administra- and global business. Building’’. tion, Department of Transportation, trans- As a humanitarian, Mr. Sinha is H.R. 2143. An act to prevent the use of cer- mitting, pursuant to law, the report of a rule known for his quiet leadership. He has tain bank instruments for unlawful Internet entitled ‘‘Modification of Class E Airspace been called ‘‘a humble man with a com- gambling, and for other purposes; Crete, NE; Docket No. 03–ACE–33 (2120–AA66) (2003–0096)’’ received on June 9, 2003; to the passion for human and civil rights.’’ The message also announced that pursuant to 22 U.S.C. 6913, and the Committee on Commerce, Science, and Throughout his career, Nirmal Sinha Transportation. has exemplified the highest American order of the House of January 8, 2003, EC–2659. A communication from the Pro- values, including good citizenship, and the Speaker appoints the following gram Analyst, Federal Aviation Administra- responsibility to his fellow man. Members of the House of Representa- tion, Department of Transportation, trans- Nirmal Sinha is very deserving of the tives to the Congressional-Executive mitting, pursuant to law, the report of a rule Ellis Island Medal of Honor. America is Commission on the People’s Republic entitled ‘‘Modification of Class E Airspace; a nation of immigrants, and I believe of China: Mr. LEVIN of Michigan; Ms. Saginaw, MI; Docket No. 02–AGL–17 (2120– KAPTUR of Ohio; Mr. BROWN of Ohio. AA66) (2003–0095)’’ received on June 9, 2003; to our cultural and ethnic diversity helps the Committee on Commerce, Science, and make us strong. f Transportation. When I was Governor of Ohio, one of MEASURES REFERRED EC–2660. A communication from the Pro- the goals that I set for my administra- gram Analyst, Federal Aviation Administra- tion was to celebrate the cultural di- The following bills were read the first tion, Department of Transportation, trans- versity of our State by seeking out in- and the second times by unanimous mitting, pursuant to law, the report of a rule dividuals from nontraditional ethnic consent, and referred as indicated: entitled ‘‘Establishment of Class E Airspace; groups and giving them an opportunity H.R. 925. An act to redesignate the facility Berrien Springs, MI; Docket No. 02–AGL–20 to serve. I am proud that I appointed a of the United States Postal Service located (2120–AA66) (2003–0094)’’ received on June 9, 2003; to the Committee on Commerce, number of Asian Indian Americans, at 1859 South Ashland Avenue in Chicago, Il- linois, as the ‘‘Cesar Chavez Post Office’’; to Science, and Transportation. such as Nirmal Sinha, to various the Committee on Governmental Affairs. EC–2661. A communication from the Pro- boards and commissions, particularly H.R. 1086. An act to encourage the develop- gram Analyst, Federal Aviation Administra- in such fields, as medicine, manufac- ment and promulgation of voluntary con- tion, Department of Transportation, trans- turing, and higher education. sensus standards by providing relief under mitting, pursuant to law, the report of a rule Mr. Sinha is in good company as a re- the antitrust laws to standards development entitled ‘‘Modification of Class E Airspace; cipient of the Ellis Island Medal of organizations with respect to conduct en- Greenfield; IA; Docket No. 03–ACE–19 (2120– Honor. Former recipients include four gaged in for the purpose of developing vol- AA66) (2003–0093)’’ received on June 9, 2003; to the Committee on Commerce, Science, and Presidents, several Senators and Con- untary consensus standards, and for other purposes; to the Committee on the Judici- Transportation. gressmen, and Nobel Prize winners. ary. EC–2662. A communication from the Pro- As someone who has had the pleasure H.R. 1529. An act to amend title 11 of the gram Analyst, Federal Aviation Administra- of knowing and working with Mr. United States Code with respect to the dis- tion, Department of Transportation, trans- Sinha, I can guarantee that his signifi- missal of certain involuntary cases; to the mitting, pursuant to law, the report of a rule cant contributions to his community Committee on the Judiciary. entitled ‘‘Modification of Class E Airspace; and to the State of Ohio will not stop, H.R. 2030. An act to designate the facility St. Louis, MO; Docket No. 03–ACE–26 (2120– but will continue to grow. I also know of the United States Postal Service located AA66) (2003–0092)’’; to the Committee on that he does not seek recognition for at 120 Baldwin Avenue in Paia, Maui, Hawaii, Commerce, Science, and Transportation. as the ‘‘Patsy Takemoto Mink Post Office EC–2663. A communication from the Pro- his humanitarian service. Instead, he Building’’; to the Committee on Govern- gram Analyst, Federal Aviation Administra- lives in accordance with his strong mental Affairs. tion, Department of Transportation, trans- faith, and his commitment to edu- H.R. 2143. An act to prevent the use of cer- mitting, pursuant to law, the report of a rule cation, his family, and his community. tain bank instruments for unlawful Internet entitled ‘‘Modification of Class E Airspace

VerDate Jan 31 2003 05:40 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.073 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7717 Marshalltown, IA; Docket No. 03–ACE–24 tion, Department of Transportation, trans- EC–2683. A communication from the Pro- (2120–AA66) (2003–0091)’’; to the Committee on mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: McDon- tion, Department of Transportation, trans- EC–2664. A communication from the Pro- nell Douglas Model 717–200 Airplanes; Docket mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- No. 2001–NM–245 (2120–AA64) (2003–0206)’’; to entitled ‘‘Airworthiness Directives: McDon- tion, Department of Transportation, trans- the Committee on Commerce, Science, and nell Douglas Model DC 10–10, 10F, 15, 30, 30, mitting, pursuant to law, the report of a rule Transportation. 40, 40F, 10F, 30, MD–11 and MD–11F Airplanes; entitled ‘‘Airworthiness Directives: McDon- EC–2674. A communication from the Pro- Docket No. 2003–NM–42 (2120–AA64) (2003– nell Douglas model MD 90–30 Airplanes; gram Analyst, Federal Aviation Administra- 0180)’’; to the Committee on Commerce, Docket No. 2001–NM–173 (2120–AA64) (2003– tion, Department of Transportation, trans- Science, and Transportation. 0215)’’; to the Committee on Commerce, mitting, pursuant to law, the report of a rule EC–2684. A communication from the Pro- Science, and Transportation. entitled ‘‘Airworthiness Directives: McDon- gram Analyst, Federal Aviation Administra- EC–2665. A communication from the Pro- nell Douglas Model 717–200 Airplanes; Docket tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- No. 309 (2120–AA64) (2003–0205)’’; to the Com- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives: McDon- mitting, pursuant to law, the report of a rule tation. nell Douglas Model MD 11 and 11F S Air- entitled ‘‘Airworthiness Directives: McDon- EC–2675. A communication from the Pro- planes; Docket No. 2001–NM–62 (2120–AA64) nell Douglas Model MD 90–30 Airplanes; gram Analyst, Federal Aviation Administra- (2003–0198)’’; to the Committee on Commerce, Docket No. 2001–NM–386 (2120–AA64) (2003– tion, Department of Transportation, trans- Science, and Transportation. 0214)’’; to the Committee on Commerce, mitting, pursuant to law, the report of a rule EC–2685. A communication from the Pro- Science, and Transportation. entitled ‘‘Airworthiness Directives: gram Analyst, Federal Aviation Administra- EC–2666. A communication from the Pro- Raytheon Model Beech 400A and 400T Series tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Airplanes; Docket No. 2001–NM–335 (2120– mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- AA64) (2003–0204)’’; to the Committee on entitled ‘‘Airworthiness Directives: mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Boeing EC–2676. A communication from the Pro- Aerospatiale Model ATR 42 500 Airplanes; Model 757–200, 200CB, and 200PF Series Air- gram Analyst, Federal Aviation Administra- and Model ATR72–102, 202, 212, and 212A Se- planes; Docket No. 2001–NM–329 (2120–AA64) tion, Department of Transportation, trans- ries Airplanes; Docket No. 2002–NM–73 (2120– (2003–0213)’’; to the Committee on Commerce, mitting, pursuant to law, the report of a rule AA64) (2003–0197)’’ received on June 3, 2003; to Science, and Transportation. entitled ‘‘Airworthiness Directives: the Committee on Commerce, Science, and EC–2667. A communication from the Pro- MORAVAN a.s. Model Z 242L Airplanes; Transportation. gram Analyst, Federal Aviation Administra- Docket No. 2003–CE–24 (2120–AA64) (2003– EC–2686. A communication from the Pro- tion, Department of Transportation, trans- 0203)’’; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Science, and Transportation. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Boeing EC–2677. A communication from the Pro- mitting, pursuant to law, the report of a rule Model 737–100, 200, 200C, 300, 400, and 500 Se- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: McDon- ries Airplanes; Docket No. 2000–NM–343 (2120– tion, Department of Transportation, trans- nell Douglas Model DC 10–10F, 15, 30, 30F AA64) (2003–0212)’’; to the Committee on mitting, pursuant to law, the report of a rule (KC10A and KDC 10), 40, 40F, MD 10 10F and Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Boeing 10 30F Airplanes; Docket No. 2001–NM–99 EC–2668. A communication from the Pro- Model 767–200 and 300 Series Airplanes; Dock- (2120–AA64) (2003–0196)’’ received on June 3, gram Analyst, Federal Aviation Administra- et No. 2002–N–10 (2120–AA64) (2003–0202)’’; to 2003; to the Committee on Commerce, tion, Department of Transportation, trans- the Committee on Commerce, Science, and Science, and Transportation. mitting, pursuant to law, the report of a rule Transportation. EC–2687. A communication from the Pro- entitled ‘‘Airworthiness Directives: EC–2678. A communication from the Pro- gram Analyst, Federal Aviation Administra- Raytheon Aircraft Company Model 1900D gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Airplanes; Docket No. 2002–CE–26 (2120–AA64) tion, Department of Transportation, transmitting, pursuant to law, the report of a rule (2003–0211)’’; to the Committee on Commerce, mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Pilatus Science, and Transportation. entitled ‘‘Standard Instrument Approach Aircraft Ltd. Models PC 12 and PC 12/45 Air- EC–2669. A communication from the Pro- Procedures; Miscellaneous Amendments (19); planes; Docket No. 2003–CE–06 (2120–AA64) gram Analyst, Federal Aviation Administra- Amdt. No. 3060 (2120–AA65) (2003–0025)’’; to (2003–0195)’’ received on June 3, 2003; to the tion, Department of Transportation, trans- the Committee on Commerce, Science, and Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Transportation. Transportation. entitled ‘‘Airworthiness Directives: General EC–2679. A communication from the Pro- EC–2688. A communication from the Pro- Electric CF34–8C1 Turbofan Engines; Docket gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- No. 2002–NE–23 (2120–AA64) (2003–0210)’’; to tion, Department of Transportation, trans- tion, Department of Transportation, trans- the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Transportation. entitled ‘‘Airworthiness Directives: Bom- entitled ‘‘Airworthiness Directives: Boeing EC–2670. A communication from the Pro- bardier Model CL 600–IA11, CL 600 2A12, and Model 767–200, 300 and 300F Series Airplanes; gram Analyst, Federal Aviation Administra- CL600–2B16, Series Airplanes: Docket No. Docket No. 2002–NM–158 (2120–AA64) (2003– tion, Department of Transportation, trans- 2002–NM–317 (2120–AA64) (2003–0183)’’; to the 0194)’’ received on June 3, 2003; to the Com- mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives: New Transportation. tation. Poper Aircraft, Inc. Models PA 23, 160, 235, EC–2680. A communication from the Pro- 250, and PA–E23–250 Airplanes; Docket No. gram Analyst, Federal Aviation Administra- f 2002–CE–44 (2120–AA64) (2003–0209)’’; to the tion, Department of Transportation, trans- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule REPORTS OF COMMITTEES Transportation. entitled ‘‘Airworthiness Directives: Boeing The following reports of committees EC–2671. A communication from the Pro- Model 737–200, 200C, 300, 400, and 500 Series were submitted: gram Analyst, Federal Aviation Administra- Airplanes; Docket No. 2002–NM–329 (2120– By Mr. GREGG, from the Committee on tion, Department of Transportation, trans- AA64) (2003–0182)’’; to the Committee on Health, Education, Labor, and Pensions, mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: EC–2681. A communication from the Pro- with an amendment in the nature of a sub- Raytheon Aircraft Company Beech Models gram Analyst, Federal Aviation Administra- stitute: C35, D35, E35, F35, G35, H35, J35, K35, M35, tion, Department of Transportation, trans- S. 686. A bill to provide assistance for poi- N35, P35, S35, V35, V35A, and V35B Airplanes; mitting, pursuant to law, the report of a rule son prevention and to stabilize the funding Docket No. 93–CE–37 (2120–AA64) (2003–0208)’’; entitled ‘‘Airworthiness Directives: Pilatus of regional poison control centers (Rept. No. to the Committee on Commerce, Science, Aircraft Ltd., Models PC–12 and PC 12/45 Air- 108–68). and Transportation. planes; Docket No. 2003–CE–02 (2120–AA64) f EC–2672. A communication from the Pro- (2003–0181)’’; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- Science, and Transportation. EXECUTIVE REPORT OF tion, Department of Transportion, transmit- EC–2682. A communication from the Pro- COMMITTEE gram Analyst, Federal Aviation Administra- ting, pursuant to law, the report of a rule en- The following executive report of titled ‘‘Airworthiness Directives: Rolls tion, Department of Transportation, trans- Royce plc RB211 Series Turbofan Engines; mitting, pursuant to law, the report of a rule committee was submitted: Docket No. 2003–NE–15 (2120–AA64) (2003– entitled ‘‘Airworthiness Directives: Bell Hel- By Mr. GREGG for the Committee on 0207)’’; to the Committee on Commerce, icopter Textron Canada Model 222, 22b, 22u, Health, Education, Labor, and Pensions. Science, and Transportation. and 230 Helicopters; Docket No. 2003–SW–01 * Anne Rader, of Virginia, to be a Member EC–2673. A communication from the Pro- (2120–AA64) (2003–0178)’’; to the Committee on of the National Council on Disability for a gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. term expiring September 17, 2004.

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.077 S11PT1 S7718 CONGRESSIONAL RECORD — SENATE June 11, 2003 * Nomination was reported with rec- By Mrs. LINCOLN (for herself, Mrs. 56, a bill to restore health care cov- ommendation that it be confirmed sub- MURRAY, Ms. LANDRIEU, and Ms. erage to retired members of the uni- ject to the nominee’s commitment to CANTWELL): formed services. S. 1238. A bill to amend titles XVIII, XIX, respond to requests to appear and tes- S. 68 and XXI of the Social Security Act to im- tify before any duly constituted com- prove women’s health, and for other pur- At the request of Mr. INOUYE, the mittee of the Senate. poses; to the Committee on Finance. name of the Senator from New York f By Mr. CRAIG: (Mrs. CLINTON) was added as a cospon- S. 1239. A bill to amend title 38, United sor of S. 68, a bill to amend title 38, INTRODUCTION OF BILLS AND States Code, to provide special compensation United States Code, to improve bene- JOINT RESOLUTIONS for former prisoners of war, and for other fits for Filipino veterans of World War purposes; to the Committee on Veterans’ Af- II, and for other purposes. The following bills and joint resolu- fairs. tions were introduced, read the first By Mr. LUGAR: S. 98 and second times by unanimous con- S. 1240. A bill to establish the Millennium At the request of Mr. ALLARD, the sent, and referred as indicated: Challenge Corporation, and for other pur- name of the Senator from Louisiana By Mr. FRIST (for himself, Mr. GRASS- poses; to the Committee on Foreign Rela- (Ms. LANDRIEU) was added as a cospon- LEY, and Mr. BAUCUS): tions. sor of S. 98, a bill to amend the Bank S. 1. A bill to amend title XVIII of the So- By Mrs. CLINTON (for herself and Mr. Holding Company Act of 1956, and the cial Security Act to make improvements in SCHUMER): Revised Statutes of the United States, the medicare program, to provide prescrip- S. 1241. A bill to establish the Kate to prohibit financial holding companies tion drug coverage under the medicare pro- Mullany National Historic Site in the State of New York, and for other purposes; to the and national banks from engaging, di- gram, and for other purposes; to the Com- rectly or indirectly, in real estate bro- mittee on Finance. Committee on Energy and Natural Re- By Mr. ALLARD: sources. kerage or real estate management ac- S. 1230. A bill to provide for additional re- By Mr. DODD: tivities, and for other purposes. sponsibilities for the Chief Information Offi- S. 1242. A bill to designate the Department S. 136 cer of the Department of Homeland Security of Veterans Affairs outpatient clinic in New At the request of Mrs. LINCOLN, the relating to geospatial information; to the London, Connecticut, as the ‘‘John J. name of the Senator from South Caro- Committee on Governmental Affairs. McGuirk Department of Veterans Affairs Outpatient Clinic’’; to the Committee on lina (Mr. GRAHAM) was added as a co- By Mr. SCHUMER: sponsor of S. 136, a bill to amend the S. 1231. A bill to eliminate the burdens and Veterans’ Affairs. costs associated with electronic mail spam By Mr. SCHUMER (for himself and Mr. Tariff Act of 1930 to provide for an ex- by prohibiting the transmission of all unso- DURBIN): pedited antidumping investigation licited commercial electronic mail to per- S. 1243. A bill to amend section 924, title 18, when imports increase materially from sons who place their electronic mail address- United States Code, to increase the max- new suppliers after an antidumping es on a national No-Spam Registry, and to imum term of imprisonment for interstate order has been issued, and to amend prevent fraud and deception in commercial firearms trafficking and to include inter- the provision relating to adjustments electronic mail by imposing requirements on state firearms trafficking in the definition of racketeering activity, and for other pur- to export price and constructed export the content of all commercial electronic price. mail messages; to the Committee on Com- poses; to the Committee on the Judiciary. merce, Science, and Transportation. By Mr. MCCAIN (for himself, Mr. HOL- S. 340 By Mr. HATCH: LINGS, and Mrs. HUTCHISON): At the request of Mr. BUNNING, the S. 1232. A bill to designate the newly-con- S. 1244. A bill to authorize appropriations name of the Senator from Nevada (Mr. structed annex to the E. Barrett Prettyman for the Federal Maritime Commission for fis- ENSIGN) was added as a cosponsor of S. Courthouse located at 333 Constitution Ave., cal years 2004 and 2005; to the Committee on 340, a bill to authorize the Secretary of Commerce, Science, and Transportation. N.W. in Washington D.C., as the ‘‘James L. Health and Human Services to make Buckley Annex to the E. Barrett Prettyman f grants to nonprofit tax-exempt organi- United States Courthouse’’; to the Com- mittee on Environment and Public Works. SUBMISSION OF CONCURRENT AND zations for the purchase of ultrasound By Ms. MIKULSKI (for herself, Mr. SENATE RESOLUTIONS equipment to provide free examinations to pregnant women needing such HATCH, Mr. SARBANES, Mr. EDWARDS, The following concurrent resolutions Mr. LAUTENBERG, Mrs. CLINTON, and services, and for other purposes. and Senate resolutions were read, and Mr. CORZINE): S. 448 referred (or acted upon), as indicated: S. 1233. A bill to authorize assistance for At the request of Mr. DODD, the the National Great Blacks in Wax Museum By Mr. CORNYN: names of the Senator from California and Justice Learning Center; to the Com- S. Res. 166. A resolution recognizing the (Mrs. BOXER) and the Senator from mittee on the Judiciary. United States Air Force’s Air Force News EED By Mr. MCCAIN (for himself and Mr. Agency on the occasion of its 25th anniver- Rhode Island (Mr. R ) were added as SMITH): sary and honoring the Air Force personnel cosponsors of S. 448, a bill to leave no S. 1234. A bill to reauthorize the Federal who have served the Nation while assigned child behind. Trade Commission, and for other purposes; to that agency; to the Committee on the Ju- S. 481 to the Committee on Commerce, Science, diciary. At the request of Mr. ALLEN, the and Transportation. By Mr. LEVIN (for himself and Ms. name of the Senator from Maine (Ms. By Mr. EDWARDS (for himself, Mr. STABENOW): SNOWE) was added as a cosponsor of S. REED, and Mr. ROBERTS): S. Con. Res. 53. A concurrent resolution S. 1235. A bill to increase the capabilities honoring and congratulating chambers of 481, a bill to amend chapter 84 of title of the United States to provide reconstruc- commerce for their efforts that contribute to 5, United States Code, to provide that tion assistance to countries or regions im- the improvement of communities and the certain Federal annuity computations pacted by armed conflict, and for other pur- strengthening of local and regional econo- are adjusted by 1 percentage point re- poses; to the Committee on Foreign Rela- mies; to the Committee on the Judiciary. lating to periods of receiving disability tions. By Mr. COCHRAN (for himself and Mr. payments, and for other purposes. LOTT): By Mr. CAMPBELL (for himself and S. 493 Mr. ALLARD): S. Con. Res. 54. A concurrent resolution At the request of Mrs. LINCOLN, the S. 1236. A bill to direct the Secretary of the commending Medgar Wiley Evers and his Interior to establish a program to control or widow, Myrlie Evers-Williams for their lives name of the Senator from South Da- eradicate tamarisk in the western States, and accomplishments, designating a Medgar kota (Mr. DASCHLE) was added as a co- and for other purposes; to the Committee on Evers National Week of Remembrance, and sponsor of S. 493, a bill to amend title Energy and Natural Resources. for other purposes; considered and agreed to. XVIII of the Social Security Act to au- By Mr. BENNETT (for himself, Mr. f thorize physical therapists to evaluate HATCH, Mr. CRAPO, Mr. CRAIG, and and treat medicare beneficiaries with- Mr. DORGAN): ADDITIONAL COSPONSORS out a requirement for a physician re- S. 1237. A bill to amend the Rehabilitation S. 56 ferral, and for other purposes. Act of 1973 to provide for more equitable allotment of funds to States for centers for At the request of Mr. JOHNSON, the S. 517 independent living; to the Committee on name of the Senator from Arizona (Mr. At the request of Mrs. MURRAY, the Health, Education, Labor, and Pensions. MCCAIN) was added as a cosponsor of S. name of the Senator from Maryland

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.080 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7719 (Ms. MIKULSKI) was added as a cospon- of Belarus and for the consolidation 1091, a bill to provide funding for stu- sor of S. 517, a bill to amend title 38, and strengthening of Belarus sov- dent loan repayment for public attor- United States Code, to provide im- ereignty and independence. neys. proved benefits for veterans who are S. 736 S. 1121 former prisoners of war. At the request of Mr. ENSIGN, the At the request of Mr. BAUCUS, the S. 518 name of the Senator from California name of the Senator from South Da- At the request of Ms. COLLINS, the (Mrs. FEINSTEIN) was added as a co- kota (Mr. DASCHLE) was added as a co- names of the Senator from South Caro- sponsor of S. 736, a bill to amend the sponsor of S. 1121, a bill to extend cer- lina (Mr. GRAHAM), the Senator from Animal Welfare Act to strengthen en- tain trade benefits to countries of the New Jersey (Mr. CORZINE) and the Sen- forcement of provisions relating to ani- greater Middle East. ator from Connecticut (Mr. DODD) were mal fighting, and for other purposes. S. 1138 OLEMAN added as cosponsors of S. 518, a bill to S. 854 At the request of Mr. C , the name of the Senator from Minnesota increase the supply of pancreatic islet At the request of Mr. DAYTON, the (Mr. DAYTON) was added as a cosponsor cells for research, to provide better co- names of the Senator from Oregon (Mr. of S. 1138, a bill to amend the Employee ordination of Federal efforts and infor- SMITH) and the Senator from Wash- Retirement Income Security Act of mation on islet cell transplantation, ington (Mrs . MURRAY) were added as 1974, Public Health Service Act, and and to collect the data necessary to cosponsors of S. 854, a bill to authorize move islet cell transplantation from an the Internal Revenue Code of 1986 to a comprehensive program of support provide parity with respect to sub- experimental procedure to a standard for victims of torture, and for other therapy. stance abuse treatment benefits under purposes. group health plans and health insur- S. 620 S. 854 ance coverage. At the request of Mr. EDWARDS, the At the request of Mr. COLEMAN, the name of the Senator from Kansas (Mr. S. 1146 name of the Senator from California At the request of Mr. CONRAD, the ROBERTS) was added as a cosponsor of (Mrs. BOXER) was added as a cosponsor S. 620 , a bill to amend title VII of the name of the Senator from Colorado of S. 854, supra. (Mr. CAMPBELL) was added as a cospon- Higher Education Act of 1965 to provide S. 884 sor of S. 1146, a bill to implement the for fire sprinkler systems, or other fire recommendations of the Garrison Unit suppression or prevention technologies, At the request of Ms. LANDRIEU, the Tribal Advisory Committee by pro- in public and private college and uni- names of the Senator from Nebraska viding authorization for the construc- versity housing and dormitories, in- (Mr. HAGEL) and the Senator from Mis- tion of a rural health care facility on cluding fraternity and sorority housing sissippi (Mr. LOTT) were added as co- the Fort Berthold Indian Reservation, and dormitories. sponsors of S. 884, a bill to amend the Consumer Credit Protection Act to as- North Dakota. S. 640 sure meaningful disclosures of the S. 1155 At the request of Mr. LEAHY, the terms of rental-purchase agreements, At the request of Mr. GRASSLEY, the name of the Senator from California including disclosures of all costs to name of the Senator from New Hamp- (Mrs. FEINSTEIN) was added as a co- consumers under such agreements, to shire (Mr. SUNUNU) was added as a cosponsor of S. 640, a bill to amend sub- provide certain substantive rights to sponsor of S. 1155, a bill to repeal sec- chapter III of chapter 83 and chapter 84 consumers under such agreements, and tion 801 of the Revenue Act of 1916. of title 5, United States Code, to infor other purposes. S. 1182 clude Federal prosecutors within the S. 902 At the request of Mrs. FEINSTEIN, the definition of a law enforcement officer, names of the Senator from Michigan and for other purposes. At the request of Ms. LANDRIEU, the names of the Senator from Virginia (Mr. LEVIN), the Senator from New S. 678 (Mr. ALLEN) and the Senator from Mis- York (Mrs. CLINTON) and the Senator At the request of Mr. AKAKA, the from Connecticut (Mr. LIEBERMAN) names of the Senator from Montana sissippi (Mr. LOTT) were added as cosponsors of S. 902, a bill to declare, were added as cosponsors of S. 1182, a (Mr. BURNS) and the Senator from Ar- under the authority of Congress under bill to sanction the ruling Burmese kansas (Mrs. LINCOLN) were added as military junta, to strengthen Burma’s cosponsors of S. 678, a bill to amend Article I, section 8, of the Constitution to ‘‘provide and maintain a Navy’’, a democratic forces and support and rec- chapter 10 of title 39, United States ognize the National League of Democ- Code, to include postmasters and post- national policy for the naval force structure required in order to ‘‘provide racy as the legitimate representative masters organizations in the process of the Burmese people, and for other for the development and planning of for the common defense’’ of the United States throughout the 21st century. purposes. certain policies, schedules, and pro- S. 1215 S. 982 grams, and for other purposes. At the request of Mr. MCCONNELL, At the request of Mrs. BOXER, the S. 684 the names of the Senator from Con- name of the Senator from Alaska (Ms. At the request of Mr. SMITH, the necticut (Mr. DODD), the Senator from MURKOWSKI) was added as a cosponsor name of the Senator from Utah (Mr. Colorado (Mr. CAMPBELL) and the Sen- of S. 982, a bill to halt Syrian support HATCH) was added as a cosponsor of S. ator from Wisconsin (Mr. KOHL) were 684, a bill to create an office within the for terrorism, end its occupation of added as cosponsors of S. 1215, a bill to Department of Justice to undertake Lebanon, stop its development of weap- sanction the ruling Burmese military certain specific steps to ensure that all ons of mass destruction, cease its ille- junta, to strengthen Burma’s demo- American citizens harmed by terrorism gal importation of Iraqi oil, and hold cratic forces and support and recognize overseas receive equal treatment by Syria accountable for its role in the the National League of Democracy as the United States Government regard- Middle East, and for other purposes. the legitimate representative of the less of the terrorists’ country of origin S. 990 Burmese people, and for other pur- or residence, and to ensure that all ter- At the request of Ms. LANDRIEU, the poses. rorists involved in such attacks are name of the Senator from Oregon (Mr. S. 1215 pursued, prosecuted, and punished with SMITH) was added as a cosponsor of S. At the request of Mr. KERRY, his equal vigor, regardless of the terror- 990, a bill to amend title 32, United name was added as a cosponsor of S. ists’ country of origin or residence. States Code, to increase the maximum 1215, supra. S. 700 Federal share of the costs of State pro- S. 1215 At the request of Mr. CAMPBELL, the grams under the National Guard Chal- At the request of Mr. NICKLES, his name of the Senator from New Jersey lenge Program, and for other purposes. name was added as a cosponsor of S. (Mr. LAUTENBERG) was added as a co- S. 1091 1215, supra. sponsor of S. 700, a bill to provide for At the request of Mr. DURBIN, the S. CON. RES. 40 the promotion of democracy, human name of the Senator from Georgia (Mr. At the request of Mrs. CLINTON, the rights, and rule of law in the Republic MILLER) was added as a cosponsor of S. name of the Senator from Maryland

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.082 S11PT1 S7720 CONGRESSIONAL RECORD — SENATE June 11, 2003 (Ms. MIKULSKI) was added as a cospon- Judge Buckley’s lengthy public serv- freedom on the Underground Railroad. sor of S. Con. Res. 40, a concurrent res- ice career is one of great distinction. In The great Thurgood Marshall argued olution designating August 7, 2003, as addition to the time he spent here in the Brown v. Board of Education Case ‘‘National Purple Heart Recognition the Senate, Judge Buckley served in before the Supreme Court, and later be- Day’’. the United States Navy during World came a Supreme Court Justice himself. S. RES. 164 War II, as Undersecretary of State for Maryland is home to contemporary At the request of Mr. ENSIGN, the Security Assistance, and as President leaders, too. The dynamic Kweisi names of the Senator from South Da- of Radio Free Europe. Most recently, Mfume, president of the NAACP, who, kota (Mr. JOHNSON) and the Senator he served for more than a decade as a like me, came out of the Baltimore from Nevada (Mr. REID) were added as Circuit Judge on the United States City Council. The passionate ELIJAH cosponsors of S. Res. 164, a resolution Court of Appeals for the District of Co- CUMMINGS, Chair of the Congressional reaffirming support of the Convention lumbia Circuit, in the E. Barrett Black Caucus. Clarence Mitchell who on the Prevention and Punishment of Prettyman courthouse. was called by many the 101st Senator. the Crime of Genocide and anticipating Earlier this Congress, we honored Parren Mitchell and AL WYNN, fighting the commemoration of the 15th anni- Judge Buckley, on the celebration of for their constituents. And all the versary of the enactment of the Geno- his 80th birthday, by passing unani- members of the NAACP, which calls cide Convention Implementation Act of mously a resolution, S. Res. 88, ac- Baltimore home. 1987 (the Proxmire Act) on November 4, knowledging his distinguished career It is fitting that the national Great 2003. in the executive, legislative, and judi- Blacks in Wax Museum and Justice AMENDMENT NO. 876 cial branches of the United States. Learning Center also calls Baltimore Naming the new annex to the E. Bar- home. The museum and learning center At the request of Mrs. FEINSTEIN, the rett Prettyman courthouse after Judge name of the Senator from Massachu- is a popular and respected black his- Buckley would be a fitting tribute to tory museum. Approximately 300,000 setts (Mr. KENNEDY) was added as a co- our former colleague and prominent ju- sponsor of amendment No. 876 proposed people a year from around the country rist. I am honored to offer this legisla- to S. 14, a bill to enhance the energy and the world visit the museum. Many tion, and I urge my colleagues to sup- security of the United States, and for are school children, who can see histor- port this well-deserved commendation. other purposes. ical figures come to life in the museum’s exhibits. Expansion will allow the f By Ms. MIKULSKI (for herself, museum to teach even more visitors STATEMENTS ON INTRODUCED Mr. HATCH, Mr. SARBANES, Mr. about the important contributions of BILLS AND JOINT RESOLUTIONS EDWARDS, Mr. LAUTENBERG, Black Americans. It will also help revi- Mrs. CLINTON, and Mr. By Mr. FRIST (for himself, Mr. talize a poor neighborhood in East Bal- CORZINE): timore. There will be new jobs. There GRASSLEY, and Mr. BAUCUS): S. 1233. A bill to authorize assistance will be more tourists. There will be S. 1. A bill to amend title XVIII of for the National Great Blacks in Wax new small businesses. And most impor- the Social Security Act to make im- Museum and Justice Learning Center; tant, there will be new inspiration for provements in the medicare program, to the Committee on the Judiciary. to provide prescription drug coverage our young people. Ms. MIKULSKI. Mr. President, I rise under the medicare program, and for The State of Maryland and City of to introduce the National Great Black other purposes; to the Committee on Baltimore have already contributed Americans Commemoration Act. I am Finance. over $5 million toward this expansion proud to sponsor this legislation. Black S. 1 project. Private donors are contrib- Americans have a rich history that uting too. Now it’s time for the Federal Be it enacted by the Senate and the House of must be cherished and remembered. Government to do its part. Let’s help Representatives of the United States of America This bill will honor African American in Congress assembled, make this museum a treasure for the leaders from across the country—some SECTION 1. SHORT TITLE; SENSE OF THE CON- entire Nation. GRESS. who are well known, and others who I ask unanimous consent that the (a) SHORT TITLE.—This Act may be cited as are almost forgotten—by helping to text of the bill be printed in the the ‘‘Prescription Drug and Medicare Im- preserve their names, faces, and stories RECORD. provement Act of 2003’’. for generations to come. There being no objection, the bill was (b) SENSE OF THE CONGRESS.—It is the This legislation will provide Federal ordered to be printed in the RECORD, as Sense of the Congress that the Congress assistance to expand exhibits and edu- follows: should enact, and the President should sign, cational programs at the National S. 1233 legislation to amend title XVIII of the Social Great Blacks in Wax Museum and Jus- Security Act to make improvements in the tice Learning Center in Baltimore, Be it enacted by the Senate and House of Rep- medicare program and to provide prescrip- resentatives of the United States of America in tion drug coverage under the medicare pro- Maryland. The museum showcases the Congress assembled, gram. lives of great Black Americans who SECTION 1. SHORT TITLE. have proudly served the United This Act may be cited as the ‘‘National By Mr. HATCH: States—from civil servants like Mary Great Black Americans Commemoration Act S. 1232. A bill to designate the newly- McLeod Bethune, to military heroes of 2003’’. constructed annex to the E. Barrett like Colin Powell, to Congressional SEC. 2. FINDINGS. Prettyman Courthouse located at 333 leaders like Senator Edward Brooke, R- Congress finds the following: Constitution Ave., NW., in Washington, MA, and civil rights leaders like Rosa (1) Black Americans have served honorably DC., as the ‘‘James L. Buckley Annex Parks. Some are household names, like in Congress, in senior executive branch posi- to the E. Barrett Prettyman United Frederick Douglass and Dr. Martin Lu- tions, in the law, the judiciary, and other States Courthouse’’; to the Committee ther King, Jr. Yet many more are unfa- fields, yet their record of service is not well on Environment and Public Works. known by the public, is not included in miliar, like the 22 African Americans school history lessons, and is not adequately Mr. HATCH. Mr. President, I rise who served in Congress in the 1800s. It’s presented in the Nation’s museums. today to introduce a bill to designate time we give these pioneers the rec- (2) The Great Blacks in Wax Museum, Inc. the newly-constructed annex to the E. ognition they deserve. in Baltimore, Maryland, a nonprofit organi- Barrett Prettyman United States Maryland is proud to be home to so zation, is the Nation’s first wax museum pre- Courthouse as the ‘‘James L. Buckley many important figures in black his- senting the history of great Black Ameri- Annex.’’ As members of this body well tory. From the dark days of slavery cans, including those who have served in know, Judge Buckley served in this through the civil rights movement, Congress, in senior executive branch posi- Senate from 1971–77, as a trusted col- Marylanders have led the way. The tions, in the law, the judiciary, and other fields, as well as others who have made sig- league from the State of New York. brilliant Frederick Douglass was the nificant contributions to benefit the Nation. During his tenure here, Judge Buckley voice of the voiceless in the struggle (3) The Great Blacks in Wax Museum, Inc. was greatly admired for his dedication, against slavery. The courageous Har- plans to expand its existing facilities to es- integrity, and professionalism. riet Tubman delivered 300 slaves to tablish the National Great Blacks in Wax

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.084 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7721 Museum and Justice Learning Center, which (12) The museum has been recognized by the museum, will allow the current in- is intended to serve as a national museum the State of Maryland and the city of Balti- stitution to become the National Great and center for presentation of wax figures more as a preeminent facility for presenting Blacks in Wax Museum and Justice and related interactive educational exhibits and interpreting Black history, using the Learning Center, which will be better portraying the history of great Black Ameri- wax medium in its highest artistic form. cans. (13) The museum is located in the heart of equipped to serve its purposes. This im- (4) The wax medium has long been recog- an area designated as an empowerment zone, proved museum will be a bright exam- nized as a unique and artistic means to and is considered to be a catalyst for eco- ple for projects with similar goals and record human history through preservation nomic and cultural improvements in this will provide an excellent source of his- of the faces and personages of people of economically disadvantaged area. torical education for all who visit. prominence, and historically, wax exhibits SEC. 3. ASSISTANCE FOR NATIONAL GREAT I am a strong believer that our his- were used to commemorate noted figures in BLACKS IN WAX MUSEUM AND JUS- TICE LEARNING CENTER. tory should be presented in a complete ancient Egypt, Babylon, Greece, and Rome, and accurate manner. Where we have in medieval Europe, and in the art of the (a) ASSISTANCE FOR MUSEUM.—Subject to Italian renaissance. subsection (b), the Attorney General, acting understated in the past, we should (5) The Great Blacks in Wax Museum, Inc. through the Office of Justice Programs of make amends. The development of the was founded in 1983 by Drs. Elmer and Jo- the Department of Justice, shall, from National Great Blacks in Wax Museum anne Martin, 2 Baltimore educators who used amounts made available under subsection and Justice Learning Center will be a their personal savings to purchase wax fig- (c), make a grant to the Great Blacks in Wax valuable statement recognizing the ures, which they displayed in schools, Museum, Inc. in Baltimore, Maryland, to pay contributions of so many great African the Federal share of the costs of expanding churches, shopping malls, and festivals in Americans. I hope that my colleagues the mid-Atlantic region. and creating the National Great Blacks in Wax Museum and Justice Learning Center, will see the merit in this endeavor and (6) The goal of the Martins was to test pub- will lend their support to the National lic reaction to the idea of a Black history including the cost of its design, planning, wax museum and so positive was the re- furnishing, and equipping. Great Black Americans Commemora- sponse over time that the museum has been (b) GRANT REQUIREMENTS.— tion Act. heralded by the public and the media as a na- (1) IN GENERAL.—To receive a grant under tional treasure. subsection (a), the Great Blacks in Wax Mu- By Mr. MCCAIN (for himself and (7) The museum has been the subject of seum, Inc. shall submit to the Attorney Gen- Mr. SMITH): feature stories by CNN, the Wall Street eral a proposal for the use of the grant, which shall include detailed plans for the de- S. 1234. A bill to reauthorize the Fed- Journal, the Baltimore Sun, the Washington eral Trade Commission, and for other Post, the New York Times, the Chicago Sun sign, construction, furnishing, and equipping Times, the Dallas Morning News, the Los of the National Great Blacks in Wax Museum purposes; to the Committee on Com- Angeles Times, USA Today, the Afro Amer- and Justice Learning Center. merce, Science, and Transportation. ican Newspaper, Crisis, Essence Magazine, (2) FEDERAL SHARE.—The Federal share of Mr. MCCAIN. Mr. President, today I and others. the costs described in subsection (a) shall am joined by the Chairman of the Sen- not exceed 25 percent. (8) More than 300,000 people from across the ate Commerce Committee’s Competi- Nation visit the museum annually. (c) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to tion, Foreign Commerce, and Infra- (9) The new museum will carry on the time structure Subcommittee, Senator honored artistic tradition of the wax me- carry out this section $15,000,000, to remain dium; in particular, it will recognize the sig- available until expended. SMITH, in introducing the Federal nificant value of this medium to commemo- Mr. HATCH. Mr. President, I am Trade Commission Reauthorization rate and appreciate great Black Americans proud to join Senator MIKULSKI as co- Act of 2003. This legislation is designed whose faces and personages are not widely sponsor of the ‘‘National Great Black to reauthorize the Federal Trade Com- recognized. Americans Commemoration Act of mission, FTC or Commission, in fur- (10) The museum will employ the most 2003.’’ This legislation will help offer a therance of its mission to enhance the skilled artisans in the wax medium, use more complete portrayal of our Na- efficient operation of the marketplace state-of-the-art interactive exhibition tech- by both eliminating acts or practices nologies, and consult with museum profes- tion’s proud history—one that includes sionals throughout the Nation, and its exhib- an increased awareness of the contribu- that are unfair or deceptive and pre- its will feature the following: tions made by many great black Amer- venting anti-competitive conduct. This (A) Blacks who have served in the Senate icans of various fields and accomplish- vital consumer protection agency has and House of Representatives of the United ments. not been reauthorized since 1996. States, including those who represented con- This legislation seeks to recognize Title I of the bill is nearly identical stituencies in Alabama, Florida, Georgia, the contributions of African Americans to legislation that was reported by the Louisiana, Mississippi, North Carolina, Commerce Committee last year. It South Carolina, and Virginia during the 19th who have served in Congress or other century. government capacities, in the military, would authorize funding for Fiscal (B) Blacks who have served in the judici- or in other important roles as edu- Years 2004 through 2006. In addition, ary, in the Department of Justice, as promi- cators, authors, scientists, inventors, this portion of the bill would authorize nent attorneys, in law enforcement, and in athletes, clergy and civil rights lead- the FTC to provide investigative and the struggle for equal rights under the law. ers. Clearly, there are few, if any, areas other services to a requesting law en- (C) Black veterans of various military en- of American culture and history that forcement agency and receive from gagements, including the Buffalo Soldiers have not been touched and improved that agency, if offered, reimbursement and Tuskegee Airmen, and the role of Blacks for the FTC’s involvement. This part of in the settlement of the western United upon by the impact of black individ- States. uals. As we recognize this, it is impor- the bill also would grant the Commis- (D) Blacks who have served in senior exec- tant that we also recognize those sion the authority it has requested to utive branch positions, including members of whose goal is to make available the receive gifts or items that would be Presidents’ Cabinets, Assistant Secretaries history of these outstanding people. useful to the Commission as long as a and Deputy Secretaries of Federal agencies, One such institution is The Great conflict of interest is not created by and Presidential advisers. Blacks in Wax Museum, a nonprofit or- such receipt. (E) Other Blacks whose accomplishments ganization in Baltimore, MD, whose The second title of the bill is de- and contributions to human history during the last millennium and to the Nation mission is to present the history of signed to mitigate the challenges that through more than 400 years are exemplary, black Americans and to highlight their the FTC currently faces in combating including Black educators, authors, sci- contributions to our nation. I believe cross-border fraud. The FTC’s responsi- entists, inventors, athletes, clergy, and civil that this institution’s work thus far bility to protect consumers is essen- rights leaders. and its goals for the future make it tial, particularly in today’s global cli- (11) The museum plans to develop collabo- worthy of our support. This legislation mate of high-speed information and rative programs with other museums, serve not only commends the efforts made by marketing, which knows no inter- as a clearinghouse for training, technical as- this museum to date, but authorizes national borders. This title would im- sistance, and other resources involving use of the wax medium, and sponsor traveling the appropriation of funds that will prove the Commission’s ability to: exhibits to provide enriching museum expe- help the museum to improve and ex- share information involving cross-bor- riences for communities throughout the Na- pand. Appropriate Federal assistance, der fraud with foreign consumer pro- tion. coupled with other funding raised by tection agencies; secure confidential

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.089 S11PT1 S7722 CONGRESSIONAL RECORD — SENATE June 11, 2003 information from those foreign agen- SEC. 102. AUTHORITY TO ACCEPT REIMBURSE- recover offshore assets for consumer redress, cies; take legal action in foreign juris- MENTS, GIFTS, AND VOLUNTARY and to reach conduct occurring outside the AND UNCOMPENSATED SERVICES. United States that affects United States con- dictions; seek redress on behalf of for- The Federal Trade Commission Act (15 eign consumers victimized by U.S.- sumers. U.S.C. 41 et seq.) is amended— (5) Improving the ability of the Commis- based wrongdoers; make criminal refer- (1) by redesignating section 26 as section sion and its foreign counterparts to share in- rals for cross-border criminal activity; 28; and formation about cross-border fraud and de- and strengthen its relationship with (2) by inserting after section 25 the fol- ception, to conduct joint and parallel inves- foreign consumer protection agencies. lowing: tigations, and to assist each other is critical The Competition Subcommittee will ‘‘SEC. 26. REIMBURSEMENT OF EXPENSES. to achieve more timely and effective enforce- hold a hearing later today on the FTC’s ‘‘The Commission may accept payment or ment in cross- border cases. reimbursement, in cash or in kind, from a (6) Consequently, Congress should enact reauthorization and will consider a domestic or foreign law enforcement author- number of issues including the Com- legislation to provide the Commission with ity, or payment or reimbursement made on more tools to protect consumers across bor- mission’s cross-border fraud proposal. behalf of such authority, for expenses in- ders. Not included in the bill is language curred by the Commission, its members, or SEC. 202. FOREIGN LAW ENFORCEMENT AGENCY that was reported by the Commerce employees in carrying out any activity pur- DEFINED. Committee last Fall that would repeal suant to a statute administered by the Com- Section 4 of the Federal Trade Commission the ‘‘common carrier’’ exemption in mission without regard to any other provi- Act (15 U.S.C. 44) is amended by adding at sion of law. Any such payments or reim- the FTC’s organizing statute that cur- the end the following: bursements shall be considered a reimburse- ‘‘ ‘Foreign law enforcement agency’ rently precludes the Commission from ment to the appropriated funds of the Com- exercising authority over certain ac- means— mission. ‘‘(1) any agency or judicial authority of a tivities of telecommunications com- ‘‘SEC. 27. GIFTS AND VOLUNTARY AND UNCOM- foreign government, including a foreign mon carriers. The Federal Communica- PENSATED SERVICES. state, a political subdivision of a foreign tions Commission, FCC, currently has ‘‘(a) IN GENERAL.—In furtherance of its state, or a multinational organization con- jurisdiction over these common car- functions the Commission may accept, hold, stituted by and comprised of foreign states, riers. administer, and use unconditional gifts, do- that is vested with law enforcement or inves- nations, and bequests of real, personal, and tigative authority in civil, criminal, or ad- While I fully support any effort to other property and, notwithstanding section combat entities that perpetrate fraud ministrative matters; 1342 of title 31, United States Code, accept ‘‘(2) any multinational organization, to the on consumers, and I respect the exper- voluntary and uncompensated services. extent that it is acting on behalf of an entity tise and ability of the FTC and FCC to ‘‘(b) LIMITATIONS.— described in paragraph (1); or seek redress for victims of such fraud, ‘‘(1) CONFLICTS OF INTEREST.—Notwith- ‘‘(3) any organization that is vested with I made it clear during the Commerce standing subsection (a), the Commission may authority, as a principal mission, to enforce Committee’s executive session last not accept, hold, administer, or use a gift, laws against fraudulent, deceptive, mis- donation, or bequest if the acceptance, hold- Fall that a discussion was necessary leading, or unfair commercial practices af- ing, administration, or use would create a fecting consumers, in accordance with cri- between the two agencies to resolve conflict of interest or the appearance of a any overlap in jurisdiction that may teria laid down by law, by a foreign state or conflict of interest. a political subdivision of a foreign state.’’. exist. It is our understanding that the ‘‘(2) VOLUNTARY SERVICES.—A person who SEC. 203. SHARING INFORMATION WITH FOREIGN FTC and FCC are in the process of ne- provides voluntary and uncompensated serv- LAW ENFORCEMENT AGENCIES. ice under subsection (a) shall not be consid- gotiating an agreement that would sat- (a) IN GENERAL.—Section 21(b)(6) of the ered a Federal employee for any purpose isfy the objectives of both agencies to Federal Trade Commission Act (15 U.S.C. other than for purposes of chapter 81 of title further their respective consumer pro- 57b–2(b)(6)) is amended by adding at the end 5, United States Code, (relating to compensa- ‘‘The custodian may make such material tection missions. Thus, for now, we tion for injury) and section 2671 through 2680 available to any foreign law enforcement will reserve judgment as to whether of title 28, United States Code, (relating to agency upon the prior certification of any of- such a repeal is necessary. tort claims).’’. ficer of any such foreign law enforcement Meanwhile, I look forward to work- TITLE II—INTERNATIONAL CONSUMER agency that such material will be maining on this important consumer protec- PROTECTION tained in confidence and will be used only for tion legislation and I hope that my col- SEC. 201. FINDINGS. official law enforcement purposes, provided leagues will agree to join us in expedi- The Congress finds the following: that the foreign law enforcement agency has tiously moving this reauthorization (1) The Federal Trade Commission protects set forth a legal basis for its authority to through the legislative process. Reau- consumers from fraud and deception. Cross- maintain the material in confidence. Noth- thorizing the FTC is important if the border fraud and deception are growing ing in the preceding sentence authorizes dis- agency is to continue to successfully international problems that affect American closure of material obtained in connection consumers and businesses. with the administration of Federal antitrust carry out its many responsibilities. (2) The development of the Internet and laws or foreign antitrust laws (within the I ask unanimous consent that the improvements in telecommunications tech- meaning of section 12 of the International text of this bill be printed in the nologies have brought significant benefits to Antitrust Enforcement Assistance Act of RECORD. consumers. At the same time, they have also 1994 (15 U.S.C. 6211)) to any officer or em- There being no objection, the bill was provided unprecedented opportunities for ployee of a foreign law enforcement agen- those engaged in fraud and deception to es- cy.’’. ordered to be printed in the RECORD, as tablish operations in one country and vic- (b) PUBLICATION OF INFORMATION; RE- follows: timize a large number of consumers in other PORTS.—Section 6(f) of the Federal Trade S. 1234 countries. Commission Act (15 U.S.C. 46(f)) is amend- Be it enacted by the Senate and House of Rep- (3) An increasing number of consumer com- ed— resentatives of the United States of America in plaints collected in the Consumer Sentinel (1) by striking ‘‘agencies or to any officer Congress assembled, database maintained by the Commission, and or employee of any State law enforcement an increasing number of cases brought by agency’’ and inserting ‘‘agencies, to any offi- SECTION 1. SHORT TITLE. the Commission, involve foreign consumers, cer or employee of any State law enforce- This Act may be cited as the ‘‘Federal foreign businesses or individuals, or assets or ment agency, or to any officer or employee Trade Commission Reauthorization Act of evidence located outside the United States. of any foreign law enforcement agency’’; 2003’’. (4) The Commission has legal authority to (2) by striking ‘‘Federal or State law en- TITLE I—REAUTHORIZATION remedy law violations involving domestic forcement agency’’ and inserting ‘‘Federal, and foreign wrongdoers, pursuant to the Fed- State, or foreign law enforcement agency’’; SEC. 101. REAUTHORIZATION. eral Trade Commission Act. The Commis- and The text of section 25 of the Federal Trade sion’s ability to obtain effective relief using (3) by adding at the end ‘‘Such information Commission Act (15 U.S.C. 57c) is amended to this authority, however, may face practical shall be disclosed to an officer or employee read as follows: impediments when wrongdoers, victims, of a foreign law enforcement agency only if ‘‘There are authorized to be appropriated other witnesses, documents, money and third the foreign law enforcement agency has set to carry out the functions, powers, and du- parties involved in the transaction are wide- forth a legal basis for its authority to main- ties of the Commission not to exceed ly dispersed in many different jurisdictions. tain the information in confidence. Nothing $194,742,000 for fiscal year 2004, $224,695,000 for Such circumstances make it difficult for the in the preceding sentence authorizes the dis- fiscal year 2005, and $235,457,000 for fiscal Commission to gather all the information closure of material obtained in connection year 2006.’’. necessary to detect injurious practices, to with the administration of Federal antitrust

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.102 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7723 laws or foreign antitrust laws (within the ‘‘(i) material obtained from a foreign law Commission may obtain from a financial in- meaning of section 12 of the International enforcement agency or other foreign govern- stitution access to or copies of financial Antitrust Enforcement Assistance Act of ment agency, if the foreign law enforcement records of a customer, as these terms are de- 1994 (15 U.S.C. 6211)) to any officer or em- agency or other foreign government agency fined in section 1101 of the Right to Finan- ployee of a foreign law enforcement agen- has requested confidential treatment as a cial Privacy Act of 1978 (12 U.S.C. 3401), cy.’’. condition of disclosing the material; through compulsory process described in SEC. 204. OBTAINING INFORMATION FOR FOR- ‘‘(ii) material reflecting consumer com- subsection (a)(1) or through a judicial sub- EIGN LAW ENFORCEMENT AGEN- plaints obtained from any other foreign poena, without prior notice to the customer, CIES. source, if that foreign source supplying the upon an ex parte showing to an appropriate Section 6 of the Federal Trade Commission material has requested confidential treat- United States district court that there is Act (15 U.S.C. 46) is amended by adding at ment as a condition of disclosing the mate- reason to believe that the required notice the end the following: rial; or may cause an adverse result described in ‘‘(j)(1) Upon request from a foreign law en- ‘‘(iii) material reflecting a consumer com- subsection (a)(2). forcement agency, to provide assistance in plaint submitted to a Commission reporting ‘‘(2) Upon such showing, the presiding accordance with this subsection if the re- mechanism sponsored in part by foreign law judge or magistrate judge shall enter an ex questing agency states that it is inves- enforcement agencies or other foreign gov- parte order granting a delay of notice for a tigating, or engaging in enforcement pro- ernment agencies. period not to exceed 90 days and an order ceedings against, possible violations of laws ‘‘(B) For purposes of section 552 of title 5, prohibiting the financial institution from prohibiting fraudulent, deceptive, mis- this paragraph shall be considered a statute disclosing that records have been submitted leading, or unfair commercial conduct, or described in subsection (b)(3)(B) of such sec- or that a request for records has been made. other conduct that may be similar to con- tion 552. ‘‘(3) The court may grant extensions of the duct prohibited by any provision of the laws ‘‘(C) Nothing in this paragraph shall au- administered by the Commission, other than period of delay of notice provided in para- thorize the Commission to withhold informa- graph (2) of up to 90 days, upon a showing Federal antitrust laws (within the meaning tion from the Congress or prevent the Com- of section 12 of the International Antitrust that the requirements for delayed notice mission from complying with an order of a under subsection (a)(2) continue to apply. Enforcement Assistance Act of 1994 (15 court of the United States in an action com- U.S.C. 6211)), the Commission may, in its dis- ‘‘(4) Upon expiration of the periods of delay menced by the United States or the Commis- of notice ordered under paragraphs (2) and cretion— sion.’’. ‘‘(A) conduct such investigation as the (3), the Commission shall serve upon, or de- SEC. 206. CONFIDENTIALITY AND DELAYED NO- liver by registered or first-class mail, or as Commission deems necessary to collect in- TICE OF PROCESS. otherwise authorized by the court to, the formation and evidence pertinent to the re- (a) The Federal Trade Commission Act (15 quest for assistance, using all investigative customer a copy of the process together with U.S.C. 41 et seq.) is amended by inserting notice that states with reasonable specificity powers authorized by this Act; and after section 21 (15 U.S.C. 57b-2) the fol- ‘‘(B) seek and accept appointment by a the nature of the law enforcement inquiry, lowing: informs the customer or subscriber when the United States district court of Commission ‘‘SEC. 21A. CONFIDENTIALITY AND DELAYED NO- attorneys to provide assistance to foreign process was served, and states that notifica- TICE OF COMPULSORY PROCESS tion of the process was delayed under this and international tribunals and to litigants FOR CERTAIN THIRD PARTIES. subsection. before such tribunals on behalf of a foreign ‘‘(a) CONFIDENTIALITY OF COMPULSORY law enforcement agency pursuant to section PROCESS ISSUED BY THE COMMISSION.— ‘‘(c) MATERIALS SUBJECT TO GOVERNMENT 1782 of title 28, United States Code. ‘‘(1) This subsection shall apply only in NOTIFICATION UNDER THE ELECTRONIC COMMU- ‘‘(2) The Commission may provide assist- connection with compulsory process issued NICATIONS PRIVACY ACT.— ance under paragraph (1) without regard to by the Commission where the recipient of ‘‘(1) When section 2703(b)(1)(B) of title 18 whether the conduct identified in the request such process is not a subject of the investiga- would otherwise require notice, notwith- would also constitute a violation of the laws tion or proceeding at the time such process standing such requirements, the Commission of the United States. is issued. may obtain, through compulsory process de- ‘‘(3) In deciding whether to provide such ‘‘(2) Notwithstanding any law or regulation scribed in subsection (a)(1) or through judi- assistance, the Commission shall consider— of the United States, any constitution, law cial subpoena, ‘‘(A) whether the requesting agency has or regulation of any State or political sub- ‘‘(A) from a provider of remote computing agreed to provide or will provide reciprocal division of any State or any Territory or the services, access to or copies of the contents assistance to the Commission; and District of Columbia, or any contract or of a wire or electronic communication de- ‘‘(B) whether compliance with the request other legally enforceable agreement, the scribed in section 2703(b)(1) of title 18, and as would prejudice the public interest of the Commission may seek an order requiring the those terms are defined in section 2510 of United States. recipient of compulsory process described in title 18, or ‘‘(4) If a foreign law enforcement agency paragraph (1) to keep such process confiden- ‘‘(B) from a provider of electronic commu- has set forth a legal basis for requiring exe- nications services, access to or copies of the cution of an international agreement as a tial, upon an ex parte showing to an appro- contents of a wire or electronic communica- condition for reciprocal assistance, or as a priate United States district court that tion that has been in electronic storage in an condition for disclosure of materials or in- there is a reason to believe that disclosure electronic communications system for more formation to the Commission, the Commis- may— than 180 days, as those terms are defined in sion, after consultation with the Secretary ‘‘(A) result in the transfer of assets or section 2510 of title 18, of State, may negotiate and conclude an records outside the territorial limits of the international agreement, in the name of ei- United States; without prior notice to the customer or sub- ther the United States or the Commission ‘‘(B) impede the ability of the Commission scriber, upon an ex parte showing to an ap- and with the final approval of the agreement to identify or trace funds; propriate United States district court by a by the Secretary of State, for the purpose of ‘‘(C) endanger the life or physical safety of Commission official that there is reason to obtaining such assistance or disclosure. The an individual; believe that notification of the existence of Commission may undertake in such an inter- ‘‘(D) result in flight from prosecution; the process may cause an adverse result de- national agreement— ‘‘(E) result in destruction of or tampering scribed in subsection (a)(2). Upon such a ‘‘(A) to provide assistance using the powers with evidence; showing, the presiding judge or magistrate set forth in this subsection; ‘‘(F) result in intimidation of potential judge shall issue an exparte order granting a ‘‘(B) to disclose materials and information witnesses; delay of notice for a period not to exceed 90 in accordance with subsection (f) of this sec- ‘‘(G) result in the dissipation or conceal- days. A court may grant extensions of the tion and section 21(b)(6) of this Act; and ment of assets; or period of delay of notice of up to 90 days, ‘‘(C) to engage in further cooperation, and ‘‘(H) otherwise seriously jeopardize an in- upon application by the Commission and a protect materials and information received vestigation or unduly delay a trial. showing that the requirements for delayed from disclosure, as authorized by this Act. ‘‘(3) Upon a showing described in paragraph notice under subsection (b)(2) continue to ‘‘(5) The authority in this subsection is in (2), the presiding judge or magistrate judge apply. addition to, and not in lieu of, any other au- shall enter an ex parte order prohibiting the ‘‘(2) The Commission may apply to a court thority vested in the Commission or any recipient of process from disclosing that infor an order prohibiting a provider of elec- other officer of the United States.’’. formation has been submitted or that a re- tronic communications service or remote SEC. 205. INFORMATION SUPPLIED BY AND quest for information has been made, for computing service to whom process has been ABOUT FOREIGN SOURCES. such period as the court deems appropriate. issued under this subsection, for such period Section 21(f) of the Federal Trade Commis- ‘‘(b) MATERIALS SUBJECT TO GOVERNMENT as the court deems appropriate, from dis- sion Act (15 U.S.C. 57b-2(f)) is amended— NOTIFICATION UNDER THE RIGHT TO FINANCIAL closing that information has been submitted (1) by inserting ‘‘(1) before ‘‘Any’’; and add- PRIVACY ACT.— or that a request for information has been ing at the end the following: ‘‘(1) When section 1105 or 1107 of the Right made. The court shall enter such an order if ‘‘(2)(A) Except as provided in subparagraph to Financial Privacy Act of 1978 (12 U.S.C. it has reason to believe that such disclosure (C) of this paragraph, the Commission shall 3405 or 3407) would otherwise require notice, may cause an adverse result described in not be compelled to disclose— notwithstanding such requirements, the subsection (b)(2).

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.090 S11PT1 S7724 CONGRESSIONAL RECORD — SENATE June 11, 2003

‘‘(3) Upon expiration of the periods of delay ‘‘(b) LIABILITY LIMITATION.—An entity de- ‘‘(k) REFERRAL OF EVIDENCE FOR CRIMINAL of notice ordered under subparagraph (1), the scribed in subsection (d)(2) that makes a vol- PROCEEDINGS.—Whenever the Commission Commission shall serve upon, or deliver by untary disclosure to the Commission regard- obtains evidence that any person, partner- registered or first-class mail, or as otherwise ing the subjects described in subsection (a)(1) ship or corporation, either domestic or for- authorized by the court to, the customer or and (2) shall be exempt from liability in ac- eign, may have engaged in conduct that subscriber a copy of the process together cordance with the provisions of section could give rise to criminal proceedings, to with notice that states with reasonable spec- 5318(g)(3) of title 31, United States Code. transmit such evidence to the Attorney Gen- ificity the nature of the law enforcement in- ‘‘(c) FOIA EXEMPTION.—Material submitted eral who may, in his discretion, institute quiry, informs the customer or subscriber pursuant to this section with a request for criminal proceedings under appropriate stat- when the process was served, and states that confidential treatment shall be exempt from utes. Provided that nothing in this sub- notification of the process was delayed under disclosure under section 552 of title 5, United section affects any other authority of the this subsection. States Code. Commission to disclose information.’’. ‘‘(4) Nothing in the Electronic Communica- ‘‘(d) ENTITIES TO WHICH SECTION APPLIES.— SEC. 212. STAFF EXCHANGES. tions Privacy Act shall prohibit a provider of This section applies to the following enti- The Federal Trade Commission Act (15 electronic communications services or re- ties, whether foreign or domestic: U.S.C. 41 et seq.) is amended by inserting mote computing services from disclosing ‘‘(1) A courier service, a commercial mail after section 25 (15 U.S.C. 57c) the following: complaints received by it from a customer or receiving agency, an industry membership ‘‘SEC. 25A. STAFF EXCHANGES. organization, a payment system provider, a subscriber or information reflecting such ‘‘(a) IN GENERAL.—The Congress consents complaints to the Commission. consumer reporting agency, a domain name to— ‘‘(d) LIABILITY LIMITATION.—The recipient registrar and registry, a provider of remote ‘‘(1) the retention or employment of offi- of compulsory process under subsections (a), computing services or electronic commu- cers or employees of foreign government (b), or (c) shall not be liable to any person nication services, to the limited extent such agencies on a temporary basis by the Com- under any law or regulation of the United a provider is disclosing consumer complaints mission under section 3109 of title 5, United States, any constitution, law, or regulation received by it from a customer or subscriber, States Code, section 202 of title 18, United of any State or political subdivision of any or information reflecting such complaints; States Code, or section 2 of this Act (15 State or any Territory or the District of Co- and U.S.C. 42); and lumbia, or under any contract or other le- ‘‘(2) a bank or thrift institution, a commer- ‘‘(2) the retention or employment of offi- gally enforceable agreement, for failure to cial bank or trust company, an investment cers or employees of the Commission on a provide notice that such process has been company, a credit card issuer, an operator of temporary basis by such foreign government issued or that the recipient has provided in- a credit card system, and an issuer, re- agencies. formation in response to such process. The deemer, or cashier of travelers’ checks, ‘‘(b) FORM OF ARRANGEMENTS.—Staff ar- preceding sentence does not provide any ex- checks, money orders, or similar instru- rangements under subsection (a) need not be emption from liability for the underlying ments.’’. reciprocal. The Commission may accept pay- conduct reported. SEC. 208. INFORMATION SHARING WITH FINAN- ment or reimbursement, in cash or in kind, ‘‘(e) IN-CAMERA PROCEEDINGS.—Upon appli- CIAL REGULATORS. from a foreign government agency to which cation by the Commission, all judicial pro- Section 1112(e) of the Right to Financial ceedings pursuant to this section shall be this section is applicable, or payment or re- Privacy Act (12 U.S.C. 3412(e)) is amended by imbursement made on behalf of such agency, held in camera and the records thereof sealed inserting ‘‘the Federal Trade Commission,’’ until expiration of the period of delay or for expenses incurred by the Commission, its after ‘‘the Securities and Exchange Commis- members, and employees in carrying out such other date as the presiding judge or sion,’’. magistrate judge may permit. such arrangements.’’. SEC. 209. REPRESENTATION IN FOREIGN LITIGA- SEC. 213. EXPENDITURES FOR COOPERATIVE AR- ‘‘(f) PROCEDURE INAPPLICABLE TO CERTAIN TION. PROCEEDINGS.—This section shall not apply RANGEMENTS. Section 16 of the Federal Trade Commis- (a) IN GENERAL.—Section 6 of the Federal to compulsory process issued in an investiga- sion Act (15 U.S.C. 56) is amended by adding tion or proceeding related to the administra- Trade Commission Act (15 U.S.C. 46) as at the end the following: amended by section 211 of this title, is fur- tion of Federal antitrust laws or foreign ‘‘(c)(1) The Commission may designate antitrust laws (within the meaning of sec- ther amended by adding at the end the fol- Commission attorneys to assist the Depart- lowing: tion 12 of the International Antitrust En- ment of Justice in connection with litigation forcement Assistance Act of 1994 (15 U.S.C. ‘‘(p) To expend appropriated funds for— in foreign courts in which the Commission ‘‘(1) operating expenses and other costs of 6211)).’’. has an interest, pursuant to the terms of a (b) Section 16(a)(2) of the Federal Trade bilateral and multilateral cooperative law memorandum of understanding to be nego- Commission Act (15 U.S.C. 56(a)(2)) is amend- enforcement groups conducting activities of tiated by the Commission and the Depart- ed— interest to the Commission and in which the ment of Justice. Commission participates; and (1) by striking ‘‘or’’ after the semicolon in ‘‘(2) The Commission is authorized to ex- subparagraph (C); ‘‘(2) expenses for consultations and meet- pend appropriated funds for the retention of ings hosted by the Commission with foreign (2) by striking ‘‘Act;’’ in subparagraph (D) foreign counsel for consultation and for liti- and inserting ‘‘Act; or’’; and government agency officials, members of gation in foreign courts, and for expenses re- their delegations, appropriate representa- (3) by inserting after subparagraph (D) the lated to consultation and to litigation in for- following: tives and staff to exchange views concerning eign courts in which the Commission has an developments relating to the Commission’s ‘‘(E) under section 21a of this Act;’’. interest.’’. SEC. 207. PROTECTION FOR VOLUNTARY PROVI- mission, development and implementation of SEC. 210. AVAILABILITY OF REMEDIES. SION OF INFORMATION. cooperation agreements, and provision of The Federal Trade Commission Act (15 Section 5 of the Federal Trade Commission technical assistance for the development of U.S.C. 41 et seq.) is amended by inserting Act (15 U.S.C. 45) is amended by adding at foreign consumer protection or competition after section 21a, as added by section 206 of the end the following: regimes, such expenses to include necessary this title, the following: ‘‘(o) UNFAIR OR DECEPTIVE ACTS OR PRAC- administrative and logistic expenses and the TICES INVOLVING FOREIGN COMMERCE.— ‘‘SEC. 21B. PROTECTION FOR VOLUNTARY PROVI- expenses of Commission staff and foreign SION OF INFORMATION. ‘‘(1) IN GENERAL.—For purposes of sub- invitees in attendance at such consultations ‘‘(a) IN GENERAL.—An entity described in section (a), the term‘unfair or deceptive acts and meetings including— subsection (d)(1) that voluntarily provides or practices’ includes such acts or practices ‘‘(A) such incidental expenses as meals material to the Commission that it reason- involving foreign commerce that— taken in the course of such attendance; ably believes is relevant to— ‘‘(A) cause or are likely to cause reason- ‘‘(B) any travel and transportation to or ‘‘(1) a possible unfair or deceptive act or ably foreseeable injury within the United from such meetings; and practice, as defined in section 5(a) of this States; or ‘‘(3) any other related lodging or subsist- Act, or ‘‘(B) involve material conduct occurring ence.’’. ‘‘(2) assets subject to recovery by the Com- within the United States. (b) AUTHORIZATION OF APPROPRIATIONS.— mission, including assets located in foreign ‘‘(2) APPLICATION OF REMEDIES TO SUCH ACTS The Federal Trade Commission is authorized jurisdictions, OR PRACTICES.—All remedies available to the to expend appropriated funds not to exceed shall not be liable to any person under any Commission with respect to unfair and de- $100,000 per fiscal year for purposes of section law or regulation of the United States, or ceptive acts or practices shall be available 6(p) of the Federal Trade Commission Act (15 any constitution, law, or regulation of any for acts and practices described in paragraph U.S.C. 46(p)), including operating expenses State or political subdivision of any State or (1), including restitution to domestic or for- and other costs of the following bilateral and any Territory or the District of Columbia, eign victims.’’. multilateral cooperative law enforcement for such disclosure or for any failure to pro- SEC. 211. CRIMINAL REFERRALS. groups: vide notice of such disclosure. The preceding Section 6 of the Federal Trade Commission (1) The International Consumer Protection sentence does not provide any exemption Act (15 U.S.C. 46), as amended by section 204 and Enforcement Network. from liability for the underlying conduct re- of this title, is amended by adding at the end (2) The International Competition Net- ported. the following: work.

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.090 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7725 (3) The Mexico-U.S.-Canada Health Fraud efforts often suffer from a cumbersome Third, it establishes within USAID Task Force. chain-of-command, lack of resources, an Office of International Emergency (4) Project Emptor. and inadequate accountability. Management. This new office will de- (5) The Toronto Strategic Partnership and The problem is that our government velop and maintain a database of indi- other regional partnerships with a nexus in a is still not well organized to deal with Canadian province. viduals with expertise in reconstruc- such situations. Each time we get in- tion, and provide support for mobi- By Mr. EDWARDS (for himself, volved in a post-conflict reconstruction lizing these experts. Mr. REED, and Mr. ROBERTS): effort we end up making it up as we go. Fourth, it calls on NATO to develop S. 1235. A bill to increase the capa- We waste valuable time reinventing an ‘‘Integrated Security Support Com- bilities of the United States to provide the bureaucratic wheel. And we get in ponent’’ to assist with reconstruction. reconstruction assistance to countries unnecessary arguments about who This NATO-led force will help provide or regions impacted by armed conflict, should do what and who should be in security, including assistance with po- and for other purposes; to the Com- charge. licing ensuring that America will not mittee on Foreign Relations. It is remarkable that even with all be forced to shoulder these burdens Mr. EDWARDS. Mr. President, today the commitments we have made during alone. I am proud to join with two of my col- the past decade, next to nothing has Finally, this bill establishes an inter- leagues—Senator REED and Senator been done to reform the way our gov- agency training center for post-conflict ROBERTS—to introduce legislation that ernment works to enhance our capac- reconstruction. This will be run by the will help America meet a critical chal- ity to deal with these situations effec- State Department, and will help train lenge that, during the past decade, it tively. Governmental mechanisms de- personnel in assessment, strategy de- has faced over and over: helping coun- veloped during the Cold War are out- velopment, planning, and coordination tries that have suffered from conflict dated and not suited to addressing the related to providing reconstruction work to rebuild their societies. complex set of challenges created by services. It will also develop and cer- Over the past two years, America has failed states. tify experts in the field, and conduct proved again that we have the finest We must do better. After more than lesson-learned reviews of operations. military force in the world. In Afghani- ten years of improvising our responses Having these resources in place will stan and Iraq, the men and women of to these challenges, it is time to enhance America’s capacity to assist America’s military performed with change the way we do things. We need reconstruction in four critical areas: great bravery and skill. By defeating to improve our ability to plan, coordi- Security and public safety, such as as- the Taliban and removing Saddam Hus- nate, and organize U.S. government resisting with disarmament and training sein’s regime from power, they showed sources to assist with post-conflict re- of police forces; Justice, such as devel- that they are the world’s best trained construction. We need to train our peo- oping the rule of law, preventing troops using the world’s most sophisti- ple more effectively. We need a better human rights violations, and bringing cated weapons. This is a powerful ex- sense of what works and what does not. war criminals to justice; Governance, We need greater accountability. And ample of the leadership and commit- such as reforming civil administration, we need to promote the means for in- ment both here in the Congress and in restoring basic civil functions, and es- volving other countries in these ef- successive Administrations—both Dem- tablishing processes of governance and forts, including through institutions ocrat and Republican—to ensure that participation; and Economic and Social like NATO. Well-being, such as providing humani- our military remains the best I believe that the ‘‘Winning the tarian assistance and developing na- equipped, best trained, most prepared Peace Act’’ is an important step to- tional economic institutions. fighting force in the world. ward accomplishing these goals. This With these changes, we will not only But these decisive military victories legislation is based upon the work of make America’s efforts to assist in have been followed by a peace where the bipartisan ‘‘Commission on Post- post-conflict reconstruction more effi- success has not been so clear. First in Conflict Reconstruction,’’ convened by cient and accountable. We will also Afghanistan, and now in Iraq, our ef- the Association of the U.S. Army and make our efforts more effective con- forts to help these societies get back the Center for Strategic and Inter- tributing more to the safety and secu- on their feet have produced mixed re- national Studies, CSIS. This Commis- rity of the people we are trying to help, sults. To be sure, the challenges in sion was very ably led by Dr. John and helping them run their countries both countries are profound: Afghani- Hamre, the former Deputy Secretary of on their own. stan suffered from nearly a quarter- Defense, and General Gordon Sullivan, By ensuring that we maintain the century of civil war, and Iraq suffered the former Army Chief of Staff. The best military in the world, we have for more than two decades under the Commission was composed of twenty- made a full commitment to winning thumb of Saddam Hussein and his bru- seven distinguished military, diplo- wars. It is now time to ensure that we tal regime. Both countries have deep matic and humanitarian experts, in- are capable of winning the peace. internal divisions and little experience cluding myself and my two Senate co- I ask unanimous consent that the with representative government. While sponsors. text of the legislation be printed in the it is reasonable to assume post-conflict The legislation includes five key pro- RECORD. reconstruction efforts in both nations posals: There being no objection, the bill was will take considerable time, these re- First, it calls on the President to ap- ordered to be printed in the RECORD, as alities cannot be an excuse for the point a Director of Reconstruction for follows: overall shortcoming in our own efforts, areas where the U.S. will assist with Be it enacted by the Senate and House of Rep- especially because we have the re- post-conflict reconstruction. These Di- resentatives of the United States of America in sources and capabilities to do better. rectors will provide oversight, help co- Congress assembled, This is not the first time we have ordinate, and have decision-making au- SECTION 1. SHORT TITLE. faced such challenges. Since the end of This Act may be cited as the ‘‘Winning the thority for all U.S. government recon- Peace Act of 2003’’. the Cold War, thousands of American struction activities in a particular SEC. 2. FINDINGS. military, diplomatic and humanitarian country. They will also coordinate Congress makes the following findings: personnel have also been involved in with the representatives of the country (1) President George W. Bush has stated major post-conflict reconstruction ef- in question, other foreign governments, that the United States security strategy forts in such places as Bosnia, Kosovo, multilateral organizations, and rel- takes into account the fact that ‘‘America is Somalia, Rwanda, Haiti, and East evant NGOs. now threatened less by conquering states Timor. Each of these efforts has had Second, it establishes a permanent than we are by failing ones’’. varying degrees of success, but on bal- office within the State Department to (2) Failed states can provide safe haven for a diverse array of transnational threats, in- ance, I think we all can agree that we provide support to Directors of Recon- cluding terrorist networks, militia and war- could have done better. struction, ensuring that these Direc- lords, global organized crime, and narcotics Too often, our response to post-con- tors can hit the ground running and traffickers who threaten the security of the flict situations has been haphazard and not waste valuable time hiring staff United States and the allies of the United slow to start. And once underway, our and getting office space. States.

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.090 S11PT1 S7726 CONGRESSIONAL RECORD — SENATE June 11, 2003 (3) The inability of the authorities in a (iv) encouraging wise stewardship of nat- SEC. 6. INTEGRATED SECURITY SUPPORT COM- failed state to provide basic services can cre- ural resources for the benefit of the citizens PONENT. ate or contribute to humanitarian emer- of such country. (a) SENSE OF CONGRESS REGARDING THE gencies. SEC. 4. DIRECTOR OF RECONSTRUCTION POSI- CREATION OF AN INTEGRATED SECURITY SUP- (4) It is in the interest of the United States TIONS. PORT COMPONENT OF NATO.—It is the sense and the international community to bring (a) AUTHORIZATION OF POSITIONS.—The of Congress that— conflict and humanitarian emergencies President is authorized to designate an indi- (1) the Secretary of State and the Sec- stemming from failed states to a lasting and vidual who is a civilian as the Director of retary of Defense should present to the sustainable close. Reconstruction for each country or region in North Atlantic Council a proposal to estab- (5) Since the end of the Cold War, United which— lish within the North Atlantic Treaty Orga- States military, diplomatic, and humani- (1) units of the United States Armed nization an Integrated Security Support tarian personnel have been engaged in major Forces have engaged in armed conflict; or Component to train and equip selected units post-conflict reconstruction efforts in such (2) as a result of armed conflict, the coun- within the North Atlantic Treaty Organiza- places as Iraq, Bosnia, Kosovo, Somalia, try or region will receive reconstruction tion to assist in providing security in coun- Haiti, Rwanda, East Timor, and Afghanistan. services from the United States Government. tries or regions that require reconstruction (6) Assisting failed states in emerging from (b) AUTHORITY TO PROVIDE RECONSTRUCTION services; and violent conflict is a complex and long-term SERVICES.—Notwithstanding any provision of (2) if such a Component is established, the law, other than section 553 of the Foreign task, as demonstrated by the experience that President should commit United States per- Operations, Export Financing, and Related 50 percent of such states emerging from con- sonnel to participate in such Component, Programs Appropriations Act, 2003 (division ditions of violent conflict slip back into vio- after appropriate consultation with Con- E of Public Law 108–7; 117 Stat. 200), the lence within 5 years. gress. President is authorized to provide recon- (b) AUTHORITY TO PARTICIPATE IN AN INTE- (7) In 2003, the bipartisan Commission on struction services for any country or region GRATED SUPPORT COMPONENT.— Post-Conflict Reconstruction created by the for which a Director has been designated (1) IN GENERAL.—If the North Atlantic Center for Strategic and International Stud- under subsection (a). Council establishes an Integrated Security ies and the Association of the United States (c) DUTIES.—A Director who is designated Support Component, as described in sub- Army, released a report explaining that for a country or region under subsection (a) section (a), the President is authorized to ‘‘United States security and development shall provide oversight and coordination of, commit United States personnel to partici- agencies still reflect their Cold War heritage. have decision making authority for, and con- pate in such Component, after appropriate The kinds of complex crises and the chal- sult with Congress regarding, all activities of consultation with Congress. lenge of failed states encountered in recent the United States Government that are re- (2) CAPABILITIES.—The units composed of years do not line up with these outdated gov- lated to providing reconstruction services in United States personnel participating in ernmental mechanisms. If regional stability such country or region, including imple- such Component pursuant to the authority is to be maintained, economic development menting complex, multidisciplinary post- in paragraph (1) should be capable of— advanced, lives saved, and transnational conflict reconstruction programs in such (A) providing for security of a civilian pop- threats reduced, the United States and the country or region. ulation, including serving as a police force; international community must develop a (d) COORDINATION.—A Director shall coordi- and strategy and enhance capacity for pursuing nate with the representatives of the country (B) providing for the performance of public post-conflict reconstruction.’’. or region where the Director is overseeing functions and the execution of security tasks SEC. 3. DEFINITIONS. and coordinating the provision of reconstruc- such as control of belligerent groups and tion services, and any foreign government, crowds, apprehending targeted persons or In this Act: multilateral organization, or nongovern- groups, performing anti-corruption tasks, (1) ADMINISTRATOR.—The term ‘‘Adminis- mental organization that is providing serv- and supporting police investigations. trator’’ means the Administrator of the ices to such country or region— United States Agency for International De- SEC. 7. TRAINING CENTER FOR POST-CONFLICT (1) to avoid providing reconstruction serv- RECONSTRUCTION OPERATIONS. velopment. ices that duplicate any such services that (a) ESTABLISHMENT.—The Secretary of (2) DIRECTOR.—The term ‘‘Director’’ means are being provided by a person or govern- State shall establish within the Department a Director of Reconstruction for a country or ment other than the United States Govern- of State an interagency Training Center for region designated by the President under ment; Post-Conflict Reconstruction Operations for section 4. (2) to capitalize on civil administration the purposes described in subsection (b). (3) RECONSTRUCTION SERVICES.—The term systems and capabilities available from such (b) PURPOSES.—The purposes of the Train- ‘‘reconstruction services’’ means activities person or government; and ing Center authorized by subsection (a) shall related to rebuilding, reforming, or estab- (3) to utilize individuals or entities with be to— lishing the infrastructure processes or insti- expertise in providing reconstruction serv- (1) train interagency personnel in assess- tutions of a country that has been affected ices that are available through such other ment, strategy development, planning, and by an armed conflict, including services re- person or government. coordination related to providing recon- lated to— (e) SUPPORT SERVICES.—The Secretary of struction services; (A) security and public safety, including— State is authorized to establish within the (2) develop and certify experts in fields re- (i) disarmament, demobilization, and re- Department of State a permanent office to lated to reconstruction services who could be integration of combatants; provide support, including administrative called to participate in operations in coun- (ii) training and equipping civilian police services, to each Director designated under tries or regions that require such services; force; and subsection (a). (3) provide training to individuals who will (iii) training and equipping of national SEC. 5. INTERNATIONAL EMERGENCY MANAGE- provide reconstruction services in a country armed forces; MENT OFFICE. or region; (B) justice, including— (a) AUTHORIZATION.—The Administrator is (4) develop rapidly deployable training (i) developing rule of law and legal, judi- authorized to establish within the United packages for use in countries or regions in cial, and correctional institutions; States Agency for International Develop- need of reconstruction services; and (ii) preventing human rights violations; ment an Office of International Emergency (5) conduct reviews of operations that pro- (iii) bringing war criminals to justice; Management for the purposes described in vide reconstruction services for the purpose (iv) supporting national reconciliation subsection (b). of— (b) PURPOSES.— processes; and (A) improving subsequent operations to (1) IN GENERAL.—The purposes of the Office (v) clarifying property rights; provide such services; and authorized by subsection (a) shall be— (C) governance, including— (B) developing appropriate training and (A) to develop and maintain a database of (i) reforming or developing civil adminis- education programs for individuals who will individuals or entities that possess expertise tration and other government institutions; provide such services. (ii) restoring performance of basic civil in providing reconstruction services; and functions, such as schools, health clinics, (B) to provide support for mobilizing such SEC. 8. REPORTS TO CONGRESS. Not later than 180 days after the date of and hospitals; and individuals and entities to provide a country the enactment of this Act, the President (iii) establishing processes of governance or region with services applying such exper- shall submit to Congress a report on the ac- and participation; and tise when requested by the Director for such tions planned to be taken to carry out the (D) economic and social well-being, includ- country or region. provisions of this Act. ing— (2) EXPERTS.—The individuals or entities (i) providing humanitarian assistance; referred to in paragraph (1) may include em- (ii) constructing or repairing infrastruc- ployees or agencies of the Federal Govern- By Mr. CAMPBELL (for himself ture; ment, any other government, or any other and Mr. ALLARD): (iii) developing national economic institu- person, including former Peace Corps volun- S. 1236. A bill to direct the Secretary tions and activities, such as a banking sys- teers or civilians located in the affected of the Interior to establish a program tem; and country or region. to control or eradicate tamarisk in the

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.100 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7727 western States, and for other purposes; eral, State, or tribal lands. Noxious (B) represents enough water for— to the Committee on Energy and Nat- weeds don’t recognize those ownership (i) use by 20,000,000 or more people; or ural Resources. boundaries and neither can we. (ii) the irrigation of over 1,000,000 acres of Mr. CAMPBELL. Mr. President, I rise Since my bill’s focus is on getting rid land; (5) scientists have established that today to introduce the Tamarisk Con- of this water-sucking weed, it requires tamarisk infestations can— trol & Riparian Restoration Act. that 90 percent of the Federal funds (A) increase soil and water salinity; Tamarisk is a noxious weed that is must be used for eradiction or rehabili- (B) increase the risk of flooding through not native to the Americas, but has tation. increased sedimentation and decreased chan- spread across 11 States, from California This legislation authorizes $20 mil- nel conveyance; to Oklahoma, like a plague. Many lion for 2004 and such sums as nec- (C) increase wildfire potential; westerners consider Tamarisk, also essary thereafter. States must share (D) diminish human enjoyment of and known as Salt Cedar, to be one of the the burden by ponying up 25 percent of interaction with the river environment; and West’s most significant natural re- (E) adversely affect— the costs. The Tamarisk problem hurts (i) wildlife habitat for threatened and en- sources problems for a variety of rea- everyone and the non-Federal share dangered species; and sons. can come from counties, municipali- (ii) the abundance and biodiversity of other Tamarisk’s major threat is that it ties, special districts, nongovern- species; and uses a significant amount of water, far mental entities, or the States them- (6) as drought conditions and legal require- more water than many realize. Yet, selves. ments relating to water supply accelerate folks out West know all too well that Our Nation is in a deficit, and every water shortages, innovative approaches are we have been and are still experiencing state is experiencing money shortages. needed to address the increasing demand for a diminishing water supply. one of the worst droughts in the West’s Americans demand to know that their recorded history. People who have been hard earned money is being spent wise- SEC. 3. DEFINITIONS. farming and ranching for generations ly and in the most effient way possible. In this Act: have been forced to sell their home- (1) PROGRAM.—The term ‘‘program’’ means That is why my bill requires that each the Tamarisk Assistance Program estab- steads and give up the life they love be- participating State must submit a re- lished under section 5. cause there just hasn’t been enough port of the Secretary describing the (2) SECRETARY.—The term ‘‘Secretary’’ water for crops or to maintain live- purpose and results of the project in means the Secretary of the Interior, acting stock. I’ve personally felt the effects of order to receive funding. In the West, through the Commissioner of Reclamation. the drought as my wife and I have had water is more precious and scarce than (3) STATE.—The term ‘‘State’’ means— to sell our little cow/calf operation. elsewhere in our great nation. To do (A) each of the States of Arizona, Cali- I mentioned earlier that Tamarisk nothing about the preventable loss of fornia, Colorado, Idaho, Montana, New Mex- ico, Nevada, Oklahoma, Texas, Utah, and uses significant amounts of water, but precious water by the spread of this I want to speak a little bit now about Wyoming; and noxious plant and the loss of native (B) any other State that is affected by just how much water it uses. Studies habitat will cost us untold millions tamarisk, as determined by the assessment have found that Tamarisk uses from 2 more in the future. conducted under section 4. 1 to 4 ⁄2 million acre feet of water each Back in my State of Colorado, con- SEC. 4. TAMARISK ASSESSMENT. year, water we frankly cannot afford to stituents tell me how the drought has (a) IN GENERAL.—Not later than 180 days lose. affected them, even devastated their after the date on which funds are made avail- To put that in perspective, several livelihoods. No one can control the able to carry out this section, the Secretary other States and the Republic of Mex- weather and bring rain. However, get- shall complete an assessment of the extent ico are delivered 10 million acre feet ting a handle on the water-sucking of tamarisk invasion in the western United from all of Colorado’s rivers and Tamarisk plaguing the West is pos- States. streams, including the mighty Colo- (b) COMPONENTS.—The assessment under sible—if we act now. subsection (a) shall— rado River. California is allotted 41⁄2 My bill provides the necessary tools (1) address past and ongoing research on million acre feet of Colorado water per to deal with this problem so that ther tested and innovative methods to control year. That means that Tamarisk, a will be enough water for all of us, and tamarisk; noxious, nonnative weed, uses the same habitat suitable for native species of (2) estimate the costs for destruction of amount of water flowing from Colorado plants and animals. tamarisk, biomass removal, and restoration to California. We must address the pre- I ask unanimous consent that the and maintenance of land; ventable loss of this most valuable re- next of the bill be printed in the (3) identify the States affected by source before it’s too late. tamarisk; and RECORD. (4) include a gross-scale estimation of in- My bill seeks to begin get the S. 1236 Tamarisk problem under control in a fested acreage within the States identified. Be it enacted by the Senate and House of Rep- SEC. 5. STATE TAMARISK ASSISTANCE PROGRAM. few innovative ways. First, my bill re- resentatives of the United States of America in quires the Secretary of the Interior to (a) ESTABLISHMENT.—Based on the findings Congress assembled, of the assessment under section 4, the Sec- assess the extent of Tamarisk invasion, SECTION 1. SHORT TITLE. retary shall establish the Tamarisk Assist- identifying where it is in each affected This Act may be cited as the ‘‘Tamarisk ance Program to provide grants to States to State, and estimate the costs to re- Control and Riparian Restoration Act’’. carry out projects to control or eradicate store the land. SEC. 2. FINDINGS. tamarisk. Second, my bill establishes a State Congress finds that— (b) AMOUNT OF GRANT.—The amount of a Tamarisk Assistance Program to pro- (1) the western United States is currently grant to a State under subsection (a) shall be vide States the needed funds to control experiencing its worst drought in modern determined by the Secretary, based on the or eradicate Tamarisk. Grant funds history; estimated infested acreage in the State. will be distributed to states in accord- (2) the drought in the western United (c) DESIGNATION OF LEAD STATE AGENCY.— ance with the severity of the Tamarisk States has caused— On receipt of a grant under subsection (a), (A) severe losses in rural, agricultural, and the Governor of a State shall designate a problem they have. recreational economies; lead State agency to administer the program The Governor of each State will ap- (B) detrimental effects on wildlife; and in the State. point a state lead agency to administer (C) increased risk of wildfires; (d) PRIORITY.— the program in the State, working with (3) it is estimated that throughout the (1) IN GENERAL.—The lead State agency Indian Tribes, colleges and univer- western United States tamarisk, a noxious designated under subsection (c), in consulta- sities, nonprofit organizations, soil and and non-native plant— tion with the entities described in paragraph water conservancy districts, and Fed- (A) occupies between 1,000,000 and 1,500,000 (2), shall establish the priority by which eral partners. This coordinate approach acres of land; and grant funds are distributed to projects to (B) is a nonbeneficial user of 2,000,000 to control or eradicate tamarisk in the State. provides sufficient flexibility to deal 4,500,000 acre-feet of water per year; (2) ENTITIES.—The entities referred to in with Tamarisk’s spread and to reduce (4) the amount of nonbeneficial use of paragraph (1) are— duplicative efforts. water by tamarisk— (A) the National Invasive Species Council; A watershed or basin can stretch (A) is greater than the amount that valu- (B) the Invasive Species Advisory Com- across all kinds of land, including Fed- able native vegetation would have used; and mittee;

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.104 S11PT1 S7728 CONGRESSIONAL RECORD — SENATE June 11, 2003 (C) representatives from Indian tribes in available for the fiscal year in which sioner shall allot to each State whose State the State that have weed management enti- the allocation is made, with a guaran- plan has been approved under section 706 an ties or that have particular problems with teed minimum at the fiscal 1992 fund- amount equal to the sum of— noxious weeds; ing level for each State. ‘‘(A) an amount that bears the same ratio (D) institutions of higher education in the to 50 percent of the additional appropriation State; While the Federal appropriation to as the population of the State bears to the (E) State agencies; CILs has increased over the last five population of all States; and (F) nonprofit organizations in the State; years, the growing disparity between ‘‘(B) 1⁄56 of 50 percent of the additional ap- and funding for small States and larger propriation. (G) soil and water conservation districts in States is problematic. The proposed ‘‘(4) MAINTENANCE OF EFFORT.— the State that are actively conducting re- formula change would amend the cur- ‘‘(A) IN GENERAL.—The Commissioner shall search on or implementing activities to con- rent funding formula for CILs to pro- not make a payment for the allotments de- trol or eradicate tamarisk. vide for more equitable distribution of scribed in this subsection to any State for a (e) CONDITIONS.—A lead State agency shall fiscal year unless the Commissioner— require that, as a condition of receipt of a future funds to each state. Fifty per- ‘‘(i) determines that the State independent grant under this Act, a grant recipient pro- cent of any increase in CILs appro- living expenditure for the first preceding fis- vide to the lead State agency any necessary priated fund would be allocated accord- cal year is not less than the State inde- information relating to a project carried out ing to population, as is currently done, pendent living expenditure for the second under this Act. and the remaining fifty percent would preceding fiscal year; or (f) ADMINISTRATIVE EXPENSES.—Not more be divided equally among all States. ‘‘(ii) reduces the amount of the payment by than 10 percent of the amount of a grant pro- The formula would only be applicable the amount by which the State independent vided under subsection (a) may be used for to any future increases in funding. This living expenditure for the second preceding administrative expenses. fiscal year exceeds the State independent (g) COST SHARING.— more equitable sharing of funds en- living expenditure for the first preceding fis- (1) FEDERAL SHARE.—The Federal share of sures that each State’s CILs will re- cal year. the cost of carrying out a project under this ceive additional funding each time ‘‘(B) DEFINITION.—In this subsection, the section shall be not more than 75 percent. there is an increase in funding and pro- term ‘State independent living expenditure’, (2) NON-FEDERAL SHARE.—The non-Federal grams will be developed for people with used with respect to a fiscal year, means the share may be paid by a State, county, mu- disabilities regardless of where they total expenditure in the State of other Fed- nicipality, special district, or nongovern- eral funds (other than funds made available mental entity. live in the country. This bill is supported by the National to carry out this part), State funds, and local (h) REPORT.—To be eligible for additional funds for that fiscal year to provide assist- grants under the program, not later than 180 Council on Independent Living. I be- ance for centers for independent living.’’. days after the date of completion of a project lieve this a reasonable approach to SEC. 3. REPORT. carried out under this Act, a lead State solving this problem and look forward Section 704(m)(4)(D) of the Rehabilitation agency shall submit to the Secretary a re- to working with my colleagues on this Act of 1973 (42 U.S.C. 795c(m)(4)(D)) is amend- port that describes the purposes and results issue. ed by inserting ‘‘, including reports indi- of the project. I ask unanimous consent that the cating the manner in which and extent to SEC. 6. AUTHORIZATION OF APPROPRIATIONS. text of the bill be printed in the which the State complied with the mainte- There are authorized to be appropriated to nance of effort requirement specified in sec- RECORD. carry out this Act— tion 721(c)(4)(A)(i)’’ before the semicolon. (1) $20,000,000 for fiscal year 2004; and S. 1237 (2) such sums as are necessary for each fis- Be it enacted by the Senate and House of Rep- By Mrs. LINCOLN (for herself, cal year thereafter. resentatives of the United States of America in Mrs. MURRAY, Ms. LANDRIEU, Congress assembled, and Ms. CANTWELL): By Mr. BENNETT (for himself, SECTION 1. SHORT TITLE. S. 1238. A bill to amend titles XVIII, Mr. HATCH, Mr. CRAPO, Mr. This Act may be cited as the ‘‘Independent XIX, and XXI of the Social Security CRAIG, and Mr. DORGAN): Living Improvement Act of 2003’’. Act to improve women’s health, and for S. 1237. A bill to amend the Rehabili- SEC. 2. STATE ALLOTMENTS FOR CENTERS FOR other purposes; to the Committee on tation Act of 1973 to provide for more INDEPENDENT LIVING. Finance. equitable allotment of funds to States Section 721 of the Rehabilitation Act of Mrs. LINCOLN. Mr. President, I am for centers for independent living; to 1973 (42 U.S.C. 796f) is amended by striking pleased to introduce the Improving the Committee on Health, Education, subsection (c) and inserting the following: ‘‘(c) ALLOTMENTS TO STATES.— Women’s Health Act of 2003, which Labor, and Pensions. ‘‘(1) DEFINITIONS.—In this subsection: seeks to make Medicare, Medicaid, and Mr. BENNETT. Mr. President, today ‘‘(A) ADDITIONAL APPROPRIATION.—The S–CHIP better programs for women. I I am introducing The Independent Liv- term ‘additional appropriation’ means the am pleased to be joined in this effort ing Improvement Act of 2003, a bill to amount (if any) by which the appropriation today by my friends Senators MURRAY, provide a more equitable allotment of for a fiscal year exceeds the total of— LANDRIEU, and CANTWELL. funds to States for Centers for Inde- ‘‘(i) the amount reserved under subsection Women are the majority of Medicare pendent Living. (b) for that fiscal year; and recipients, and, at age 85, women make Centers for Independent Living, CILs, ‘‘(ii) the appropriation for fiscal year 2003. up 71 percent of the Medicare popu- are non-profit organizations that assist ‘‘(B) APPROPRIATION.—The term ‘appropriation’ means the amount appropriated to lation. By adding several modern treat- people with significant disabilities who carry out this part. ments to the list of Medicare benefits, want to live more independently. CILs ‘‘(C) BASE APPROPRIATION.—The term ‘base we will begin to address some of the are primarily staffed by people with appropriation’ means the portion of the ap- most prominent, underlying risk fac- disabilities who act as role models, propriation for a fiscal year that is equal to tors for illness that face women Medi- mentors, and counselors to other indi- the lesser of— care beneficiaries today. These new viduals with disabilities. Each center ‘‘(i) an amount equal to 100 percent of the benefits represent the highest rec- not only offers fundamental services appropriation, minus the amount reserved ommendations for Medicare bene- such as information referral, and inde- under subsection (b) for that fiscal year; or ficiaries in the U.S. Preventive Serv- ‘‘(ii) the appropriation for fiscal year 2003. pendent living skills training, it also ices Task Force and the Institute of ‘‘(2) ALLOTMENTS TO STATES FROM BASE AP- tailors its services to the particular PROPRIATION.—After the reservation required Medicine. These benefits can help re- needs of its community. The ultimate by subsection (b) has been made, the Com- duce Medicare beneficiaries’ risk for goal of these centers is to help individ- missioner shall allot to each State whose health problems such as diabetes, uals become more independent and de- State plan has been approved under section stroke, cancer, osteoporosis, and heart crease the need for institutional care. 706 an amount that bears the same ratio to disease. Currently, funds authorized for CILs the base appropriation as the amount the This bill would also eliminate all under Title VII, Part C of the Rehabili- State received under this subsection for fis- cost-sharing for these and existing pre- tation Act are essentially allocated to cal year 2003 bears to the total amount that ventive health benefits to encourage all States received under this subsection for States on the basis of their share of the fiscal year 2003. women to get screened for diseases total population. States with small ‘‘(3) ALLOTMENTS TO STATES ADDITIONAL AP- such as osteoporosis and breast cancer. populations are guaranteed the larger PROPRIATION.—From any additional appro- We need to get rid of all barriers to of $450,000 or 1⁄3 of 1 percent of the funds priation for each fiscal year, the Commis- preventative services. Studies have

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.105 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7729 shown that cost-sharing deters bene- provide Medicaid-financed family plan- gives the MCC the same status within ficiaries, especially those with low-in- ning services and supplies to lower in- the State Department as the U.S. comes, from getting screened. come, uninsured residents whose in- Agency for International Development, Because heart disease is the number comes are above the state’s regular with the right to manage itself, hire one killer of women, this bill would add Medicaid eligibility ceilings. Under staff, and create its own culture. It new preventive services to Medicare, this section, States would no longer mandates coordination between the such as cholesterol screening, medical have to seek a waiver to extend Med- MCC and USAID in the field and give nutrition therapy services for bene- icaid coverage for family planning USAID the primary role in preparing ficiaries with cardiovascular disease, services; instead they could establish countries for MCC eligibility. It also counseling for cessation of tobacco use, these programs at their option. includes the Administrator of USAID and diabetes screening. I encourage my colleagues to join me on the MCC board to ensure that the In addition, this bill provides for cov- by supporting this important legisla- perspective of USAID is considered. erage of annual pap smear and pelvic tion that will make Medicare, Med- Through these means, I believe that exams and boosts the payment amount icaid, and S–CHIP better programs for the MCC can be substantially inde- for screening mammography under all women. pendent, as envisioned by the Presi- Medicare. Numerous reports in the dent, while preserving the leadership of media have indicated that screening By Mr. LUGAR: the Secretary of State and the input of mammography is not adequately reim- S. 1240. A bill to establish the Millen- USAID. bursed and, as a result, facilities are nium Challenge Corporation, and for I would emphasize that the President closing or ending their service. Facili- other purposes; to the Committee on has invested his personal attention and ties are saying that they are losing Foreign Relations. time in the MCC concept. It is rare for money on every patient that comes Mr. LUGAR. Mr. President, I rise to a President of either party to provide through the door, and patient load is introduce legislation that is intended such strong leadership in the area of rising. to unite Senators behind the Presi- development assistance. President Recognizing the role women play as dent’s bold new commitment to inter- Bush’s advocacy is critical to the suc- caregivers for aging family members, national development. As my col- cess of this initiative. I believe Con- this bill provides Medicare bene- leagues are aware, the President has gress will regret its actions if we un- ficiaries with a new option of receiving offered a plan called the Millennium dercut this opportunity for U.S. foreign home health services in an adult day Challenge Corporation that will focus policy by failing to reach a workable care setting. Adult day centers enable U.S. energy and resources on countries consensus on the MCC’s organization. family caregivers to continue working that, while very poor, show commit- I am hoping for a strong Senate vote or simply take a break from their ment to economic reform and develop- on the MCC and will bring up my com- caregiving duties. Most importantly, ment. It is a unique plan that would re- promise proposal at an appropriate adult day care patients benefit from so- ward and showcase what we Americans time. The MCC provides a way to focus cial interaction, therapeutic activities, believe to be the essential ingredients single-mindedly on economic develop- nutrition, health monitoring, and for success: good government, investment that is results-based and meets medication management. ments in people, and a reliance on free clear benchmarks of success. We can More than 22 million families nation- markets. have the coordination we seek while wide, or nearly 1 in 4 families, serve as My colleagues on the Senate Foreign also insulating it from short-term po- caregivers for aging seniors, providing Relations Committee strongly sup- litical considerations so that it can close to 80 percent of the care of to in- ported the goals of the President’s ini- focus on widening the universe of coun- dividuals requiring long-term care. tiative and applauded his enthusiasm tries that live in peace and look to a Nearly 75 percent of people providing and personal commitment. But, when prosperous and stable future. care for aging family members are we considered the MCC legislation a I ask unanimous consent that the women who also maintain other re- few weeks ago, organizational issues two accompany pages be printed in the sponsibilities, such as working outside divided the Committee. The Committee RECORD. of the home and raising young chil- voted 11 to 8 against creating the MCC There being no objection, the mate- dren. The average loss of income to as an independent agency. Instead the rial was ordered to be printed in the these caregivers has been shown to be functions of the MCC were integrated RECORD, as follows: over $650,000 in wages, pension, and So- into the State Department. cial Security benefits. The loss of pro- This outcome did not capture the MILLENNIUM CHALLENGE CORPORATION ductivity in U.S. businesses ranges President’s vision of a fresh start for a ORIGINAL PROPOSAL from $11 to $29 billion a year. The serv- unique approach to development assist- MCC is an independent agency. ices offered in adult day care facilities ance. The Secretary of State himself President of the United States—Appoints argued against the Committee’s major- MCC Chief Exec. Officer subject to advice provide continuity of care and an im- and consent. portant sense of community for both ity on that vote. Secretary Powell said MCC Board Composition—Secretary of the the senior and the caregiver. This im- that the President’s plan would be best Treasury, Director of OMB, Secretary of portant provision will benefit women of achieved through the establishment of State, Chrman. all ages. an innovative, flexible, narrowly tar- MCC Board Responsibilities—Directs all Finally, this legislation provides geted and highly visible separate orga- MCC activities, Develops indicators, Deter- States with the flexibility and Federal nization that can complement other as- mines eligible countries, Writes contracts resources to improve and expand pre- sistance provided through more tradi- with MCC countries, Selects proposals for natal care for low-income pregnant funding. tional means. Secretary of State—Serves as Chairman of women. It gives States new options to I believe the Senate should work for the MCC Board. cover pregnant women under their a consensus on this issue. This impor- MCC Chief Exec. Officer—Shall exercise State Children’s Health Insurance Pro- tant initiative cannot be allowed to the functions and powers vested in him/her gram, S–CHIP, to cover low-income founder on a question of organization. by the President and the Board. legal immigrant pregnant women and I have been working to develop a USAID Administrator—Role not men- children under Medicaid and S–CHIP, middle ground that will satisfy the tioned. and to cover tobacco cessation coun- basic goals of all sides. My bill creates MARKED-UP VERSION seling services for pregnant women the needed ingredients for interagency MCC does not exist; functions integrated under the Medicaid program. The bill coordination, a top priority among a into State. also gives States the option to provide majority on the Committee. But it President has no direct role. family planning services and supplies does not undermine the integrity of the MCC Board does not exist. MCC Board does not exist. to low-income women. In recent years, President’s concept. It puts the MCC Secretary of State— a number of States, including Arkan- under the authority of the Secretary of Coordinates all MCA assistance. sas, have sought and received Federal State and has the MCC’s Chief Execu- Designates appropriate officer as coordi- permission in the form of waivers to tive Officer report to the Secretary. It nator.

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.108 S11PT1 S7730 CONGRESSIONAL RECORD — SENATE June 11, 2003 Determines eligible countries. cal year 2005. Specifically, the bill News Agency’s Air Force Broadcasting Serv- Writes contracts with MCC countries. would authorize $18.5 million for fiscal ice delivered continuous radio and television Coordinator/Millennium Challenge Acct.— year 2004, which is the level requested news and information to coalition forces Develops indicators. by the Administration, and $19.5 mil- through the American Forces Desert Net- Coordinates MCA aid with other govt. lion for fiscal year 2005. The bill also work; agencies. Whereas the Air Force News Agency’s Air Pursues MCA coordination with int’l do- would amend Section 102(b) of the Re- Force News Service provides news, informa- nors. organization Plan No. 7 of 1961 to re- tion, and images about the United States Air Oversees other govt. agencies doing MCA quire that the Commission’s chairman Force through its official web site, Air Force work. be subject to Senate confirmation. Ad- Link, to more than 3,700,000 Internet users Resolves disputes amg agencies doing MCA ditionally, the bill would require the every week, biweekly television news pro- work. Commission to report to Congress on grams to more than 800 television stations USAID Administrator—Role not men- the status of any agreements or discus- and cable systems, and print news stories tioned. sions with other Federal, State, or and images to more than 30,000 subscribers COMPROMISE local governmental agencies con- every weekday; MCC in State but has same autonomy as cerning issues dealing with the sharing Whereas the Air Force News Agency’s USAID. Army and Air Force Hometown News Service of ocean shipping information for the annually provides more than 800,000 news re- President—Same as in Original Proposal. purpose of assisting law enforcement or MCC Board Composition. leases to 12,000 daily and weekly hometown Secretary of the Treasury. anti-terrorism efforts. The Commission newspapers of active, Reserve, and Guard Administrator of USAID. also would be directed to make rec- service members and distributes more than US Trade Representative. ommendations on how the Commis- 13,500 Holiday Greetings to 1,085 television MCC Chief Exec. Officer. sion’s ocean shipping information stations and 2,906 radio stations each holiday Secretary of State, Chrmn. could be better utilized to improve port season; and MCC Board Responsibilities. security efforts. Whereas the year 2003 marks the 25th anni- Develops indicators. I look forward to working with my versary of the Air Force News Agency: Now, Determines eligible countries. colleagues in moving this bill through therefore, be it Writes contracts with MCC countries. Resolved, That the Senate— Select proposals for funding. the legislative process in the weeks (1) recognizes the United States Air Secretary of State. ahead. Force’s Air Force News Agency on the occa- Coordinates all US foreign assistance. f sion of its 25th anniversary; and Oversees the MCC Chief Exec. Officer. SUBMITTED RESOLUTIONS (2) honors the Air Force personnel who Provides foreign policy guidance to the have served the Nation while assigned to MCC. that agency. Suspends MCC assistance in certain cases. f Serves as Chairman of the MCC Board. SENATE RESOLUTION 166—RECOG- MCC Chief Exec. Officer. NIZING THE UNITED STATES AIR SENATE CONCURRENT RESOLU- Manages the MCC. FORCE’S AIR FORCE NEWS AGEN- TION 53—HONORING AND CON- Serves on the MCC board. CY ON THE OCCASION OF ITS GRATULATING CHAMBERS OF Coordinates MCC aid with other govt. 25TH ANNIVERSARY AND HON- COMMERCE FOR THEIR EFFORTS agencies. ORING THE AIR FORCE PER- THAT CONTRIBUTE TO THE IM- Pursues MCC coordination with int’l do- SONNEL WHO HAVE SERVED THE nors. PROVEMENT OF COMMUNITIES Oversees MCC work done by other govt. NATION WHILE ASSIGNED TO AND THE STRENGTHENING OF agencies. THAT AGENCY LOCAL AND REGIONAL ECONO- Resolves disputes amg. agencies doing Mr. CORNYN submitted the fol- MIES MCC work. lowing resolution; which was referred Mr. LEVIN (for himself, and Ms. USAID Administrator. to the Committee on the Judiciary. Sits on the MCC board. STABENOW) submitted the following S. RES. 166 MCC required to coordinate with USAID in concurrent resolution; which was re- field. Whereas the Air Force News Agency has ferred to the Committee on the Judici- USAID has primary role in preparing coun- served as the primary news and information ary: tries for MCC eligibility. organization for the United States Air Force since the agency was organized on June 1, S. CON. RES. 53 Whereas chambers of commerce through- By Mr. MCCAIN (for himself, Mr. 1978; Whereas the Air Force News Agency cur- out the United States contribute to the im- HOLLINGS, and Mrs. HUTCHISON): rently has more than 480 personnel stationed provement of their communities and the S. 1244. A bill to authorize appropria- around the world in 28 locations gathering strengthening of their local and regional tions for the Federal Maritime Com- news, information, and images about United economies; mission for fiscal years 2004 and 2005; to States military missions; Whereas in the Detroit, Michigan area, the the Committee on Commerce, Science, Whereas the Air Force News Agency is ca- Detroit Regional Chamber, originally known and Transportation. pable of providing news, information, and as the Detroit Board of Commerce, typifies Mr. MCCAIN. Mr. President, I am images in the widest array of formats to the the public-spirited contributions made by pleased to be joined by Senator HOL- American public and the world, including the chambers of commerce; print, television, radio, Internet, and tele- Whereas, on June 30, 1903, the Detroit LINGS, the Ranking Member of the Sen- phone formats; Board of Commerce was formally organized ate Commerce Committee; and Senator Whereas the Air Force News Agency pro- with 253 charter members; HUTCHISON, the Chairman of the Sur- vides a critical service to senior leaders and Whereas the Detroit Board of Commerce face Transportation and Merchant Ma- commanders of the Department of Defense played a prominent role in the formation of rine Subcommittee, in introducing a and the United States Air Force by providing the United States Chamber of Commerce; bipartisan bill to reauthorize the Fed- news, information, and images to service Whereas the Detroit Board of Commerce eral Maritime Commission, FMC. members wherever they are stationed around participated in the Good Roads for Michigan The Federal Maritime Commission is the world; campaign in 1910 and 1911, helping to gain an independent agency comprised of Whereas the Air Force News Agency helps voter approved of a $2,000,000 bond proposal ensure the morale and readiness of the mem- to improve the roads of Wayne County, five commissioners. Its primary re- bers of the United States Armed Forces Michigan; sponsibility is administering the Ship- around the world by covering and reporting Whereas, in 1925, the Safety Council of the ping Act of 1984 and enforcing the For- on the critical services they provide in serv- Detroit Board of Commerce helped develop eign Shipping Practices Act and Sec- ice to the Nation, to their remote locations, the first traffic lights in Detroit; tion 19 of the Merchant Marine Act of to their family members, and to the Amer- Whereas, in 1927, the Detroit Board of Com- 1920. The work carried out by the FMC ican public; merce brought together all of the cities, vil- is critical to protecting shippers and Whereas the Air Force News Agency has lages, and townships in southeast Michigan carriers from restrictive or unfair prac- recently contributed significantly in Oper- to tentatively establish boundaries for a ation Enduring Freedom, Operation Noble metropolitan district for Detroit, embracing tices by foreign-flag carriers. Eagle, Operation Anaconda in Afghanistan, all or parts of Wayne, Oakland, Macomb, This legislation would authorize and Operation Iraqi Freedom; Monroe, and Washtenaw Counties at the re- funding for the Commission to con- Whereas during Operation Desert Shield quest of the United States Census Bureau in tinue its important work through fis- and Operation Desert Storm, the Air Force advance of the 1930 census;

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.116 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7731 Whereas, in 1932, the Federal Home Loan Army when World War II began and, after ing to prominence as Director of Consumer Bank Board designated the Detroit Board of coming home to Mississippi, he completed Affairs for the Atlantic Richfield Company; Commerce as the authorized agent for stock high school, enrolled in Alcorn Agricultural Whereas Myrlie Evers became Myrlie subscriptions in the Federal Home Loan and Mechanical College, presently known as Evers-Williams when she married Walter Bank, as an early response to the Great De- Alcorn State University, and majored in Williams in 1976; pression; business administration; Whereas, in the 1990’s, Evers-Williams con- Whereas, in 1945, the Detroit Board of Com- Whereas, as a student at Alcorn Agricul- vinced Mississippi prosecutors to reopen merce promoted the making of Victory tural and Mechanical College, Evers was a Medgar Evers’ murder case, and the reopen- Loans to veterans returning from service in member of the debate team, the college ing of the case led to the conviction and life the United States Armed Forces during choir, and the football and track teams, was imprisonment of Medgar Evers’ killer; World War II as a way of expressing thanks the editor of the campus newspaper and the Whereas Evers-Williams became the first for the veterans’ wartime service, and raised yearbook, and held several student offices, female to chair the 64-member Board of Di- more than half of the total amount contrib- which gained him recognition in Who’s Who rectors of the NAACP, to provide guidance to uted in Wayne County, Michigan, to fund in American Colleges; an organization that was dear to Medgar Victory Loans; Whereas, while a junior at Alcorn Agricul- Evers’ heart; Whereas, in 1969, the Detroit Board of Com- tural and Mechanical College, Evers met a Whereas Evers-Williams has published her merce, then known as the Greater Detroit freshman named Myrlie Beasley, whom he memoirs, entitled ‘‘Watch Me Fly: What I Chamber of Commerce, was instrumental in married on December 24, 1951, and with Learned on the Way to Becoming the Woman the establishment of a bus network con- whom he spent the remainder of his life; I Was Meant to Be’’, to enlighten the world necting inner-city workers and jobs, which Whereas, after Medgar Evers received a about the struggles that plagued her life as resulted in the creation of the Southeast bachelor of arts degree, he moved to historic the wife of an activist and empowered her to Metropolitan Transportation Authority, now Mound Bayou, Mississippi, became employed become a community leader; known as SMART; by Magnolia Mutual Life Insurance Com- Whereas Evers-Williams is widely known Whereas the Detroit Board of Commerce pany, and soon began establishing local as a motivational lecturer and continues to has been known by several names during its chapters of the National Association for the speak out against discrimination and injus- century of existence, eventually becoming Advancement of Colored People (referred to tice; known as the Detroit Regional Chamber in in this resolution as the ‘‘NAACP’’) through- Whereas her latest endeavor has brought November 1997; out the Delta region; her home to Mississippi to make two re- Whereas the Detroit Regional Chamber is Whereas, moved by the plight of African- markable contributions, through the estab- the largest chamber of commerce in the Americans in Mississippi and a desire to lishment of the Evers Collection and the United States and has been in existence for change the conditions facing them, in 1954, Medgar Evers Institute, which advance the over 100 years; after the United States Supreme Court ruled knowledge and cause of social injustice and Whereas more than 19,000 businesses across school segregation unconstitutional, Medgar which encompass the many lessons in the southeast Michigan have decided to make an Evers became the first known African-Amer- life’s work of Medgar Evers and Myrlie initial investment in the Detroit Regional ican person to apply for admission to the Evers-Williams; Chamber to help develop the region; University of Mississippi Law School, but Whereas Evers-Williams has presented the Whereas the Detroit Regional Chamber has was denied that admission; extraordinary papers in that Collection and supported the concept of regionalism in Whereas, as a result of that denial, Medgar Institute to the Mississippi Department of southeast Michigan, representing the con- Evers contacted the NAACP to take legal ac- Archives and History, where the papers are cerns of business and the region as a whole; tion; being preserved and catalogued; and Whereas the mission of the Detroit Re- Whereas in 1954, Medgar Evers was offered Whereas it is the policy of Congress to rec- gional Chamber is to help power the econ- a position as the Mississippi Field Secretary ognize and pay tribute to the lives and ac- omy of southeastern Michigan; for the NAACP, and he accepted the position, complishments of extraordinary Mississip- Whereas the Detroit Regional Chamber making Myrlie Evers his secretary; pians such as Medgar Evers and Myrlie successfully advocates public policy con- Whereas, with his wife by his side, Medgar Evers-Williams, whose life sacrifices have cerns on behalf of its members at the local, Evers began a movement to register people contributed to the betterment of the lives of regional, State, and national levels; to vote in Mississippi and, as a result of his the citizens of Mississippi as well as the Whereas the Detroit Regional Chamber has activities, Medgar Evers received numerous United States: Now, therefore, be it implemented programs promoting diversity threats; Resolved by the Senate (the House of Rep- in its work force and has won recognition for Whereas, in spite of the threats, Medgar resentatives concurring), That— such efforts; Evers persisted, with dedication and courage, (1) Congress commends Medgar Wiley Whereas the Detroit Regional Chamber is to organize rallies, build the NAACP’s mem- Evers and his widow, Myrlie Evers-Williams, committed to promoting the interests of its bership, and travel around the country with and expresses the greatest respect and grati- members in the global marketplace through Myrlie Evers to educate the public; tude of Congress, for their lives and accom- economic development efforts; and Whereas Medgar Evers’ passion for quality plishments; Whereas, on June 30, 2003, the Detroit Re- education for all children led him to file suit (2) the Senate— gional Chamber celebrates its 100th anniver- against the Jackson, Mississippi public (A) designates the period beginning on sary: Now, therefore, be it schools, which gained him national media June 9, 2003, and ending on June 16, 2003, as Resolved by the Senate (the House of Rep- coverage; the ‘‘Medgar Evers National Week of Re- resentatives concurring), that Congress honors Whereas Medgar Evers organized students membrance’’; and and congratulates chambers of commerce for from Tougaloo and Campbell Colleges, co- (B) requests that the President issue a their efforts that contribute to the improve- ordinated and led protest marches, organized proclamation calling on the people of the ment of their communities and the strength- boycotts of Jackson businesses and sit-ins, United States to observe the week with ap- ening of their local and regional economies. and challenged segregated bus seating, and propriate ceremonies and activities; and f for these heroic efforts, he was arrested, (3) copies of this resolution shall be fur- beaten, and jailed; nished to the family of Medgar Wiley Evers SENATE CONCURRENT RESOLU- Whereas the violence against Medgar Evers and Myrlie Evers-Williams. TION 54—COMMENDING MEDGAR came to a climax on June 12, 1963, when he f WILEY EVERS AND HIS WIDOW, was shot and killed in front of his home; MYRLIE EVERS-WILLIAMS FOR Whereas, after the fingerprints of an out- AMENDMENTS SUBMITTED AND THEIR LIVES AND ACCOMPLISH- spoken segregationist were recovered from PROPOSED MENTS, DESIGNATING A the scene of the shooting, and 2 juries dead- locked without a conviction in the shooting SA 878. Mr. SCHUMER submitted an MEDGAR EVERS NATIONAL case, Myrlie Evers and her 3 children moved amendment intended to be proposed by him WEEK OF REMEMBRANCE, AND to Claremont, California, where she enrolled to the bill S. 14, to enhance the energy security of the United States, and for other pur- FOR OTHER PURPOSES in Pomona College and earned her bachelor’s poses; which was ordered to lie on the table. Mr. COCHRAN (for himself and Mr. degree in sociology in 1968; SA 879. Mr. KERRY submitted an amend- LOTT) submitted the following concur- Whereas, after Medgar Evers’ death, Myrlie ment intended to be proposed by him to the rent resolution; which was considered Evers began to create her own legacy and bill S. 14, supra; which was ordered to lie on emerged as a national catalyst for justice and agreed to: the table. and equality by becoming active in politics, SA 880. Mr. ALEXANDER (for himself, Mr. S. CON. RES. 54 becoming a founder of the National Women’s SANTORUM, Mr. CORNYN, Ms. LANDRIEU, Mr. Whereas a pioneer in the fight for racial Political Caucus, running for Congress in BINGAMAN, Mr. DOMENICI, Mr. GRASSLEY, and justice, Medgar Wiley Evers, was born July California’s 24th congressional district, serv- Ms. MURKOWSKI) proposed an amendment to 2, 1925, in Decatur, Mississippi, to James and ing as Commissioner of Public Works for Los the bill S. 14, supra. Jessie Evers; Angeles, using her writing skills to serve as SA 881. Mr. BINGAMAN (for himself, Mr. Whereas, to faithfully serve his country, a correspondent for Ladies Home Journal INOUYE, and Mr. DASCHLE) proposed an Medgar Evers left high school to join the and to cover the Paris Peace Talks, and ris- amendment to the bill S. 14, supra.

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.119 S11PT1 S7732 CONGRESSIONAL RECORD — SENATE June 11, 2003

SA 882. Mr. MCCONNELL (for himself, Mrs. the Western New York Service Center in ‘‘(3) an identification of estimated natural FEINSTEIN, Mr. MCCAIN, Mr. AKAKA, Mr. AL- West Valley, New York. The Secretary shall gas supplies that are not available under ex- EXANDER, Mr. ALLARD, Mr. ALLEN, Mr. BEN- consult with the President of the New York isting federal policies; NETT, Mr. BIDEN, Mr. BINGAMAN, Mrs. BOXER, State Energy Research and Development Au- ‘‘(4) scenarios for decreasing natural gas Mr. BREAUX, Mr. BROWNBACK, Mr. BUNNING, thority in developing such plan. demand and increasing natural gas supplies Mr. CHAMBLISS, Mrs. CLINTON, Mr. COLEMAN, comparing relative economic and environ- Ms. COLLINS, Mr. CORZINE, Mr. DASCHLE, Mr. SA 879. Mr. KERRY submitted an mental impacts of federal policies that— DAYTON, Mrs. DOLE, Mr. DOMENICI, Mr. DUR- amendment intended to be proposed by ‘‘(A) encourage or require the use of nat- BIN, Mr. EDWARDS, Mr. FEINGOLD, Mr. FRIST, him to the bill S. 14, to enhance the en- ural gas to meet air quality, carbon dioxide Mr. HAGEL, Mr. DORGAN, Mr. BURNS, Mr. ergy security of the United States, and emission reduction, or energy security goals; ‘‘(B) encourage or require the use of energy KOHL, Mr. HARKIN, Mrs. HUTCHISON, Mr. JEF- for other purposes; which was ordered FORDS, Mr. KENNEDY, Mr. KERRY, Mr. KYL, sources other than natural gas, including Mr. LAUTENBERG, Mr. LEAHY, Mr. LEVIN, Mr. to lie on the table; as follows: coal, nuclear and renewable sources; LIEBERMAN, Mr. LUGAR, Ms. MIKULSKI, Ms. At the appropriate place, insert the fol- ‘‘(C) support technologies to develop alter- MURKOWSKI, Mrs. MURRAY, Mr. NELSON of Ne- lowing: native sources of natural gas and synthetic braska, Mr. REID, Mr. ROCKEFELLER, Mr. SEC. ll. SUSTAINABILITY GRANTS FOR WOM- gas, including coal gasification technologies; SANTORUM, Mr. SARBANES, Mr. SCHUMER, Mr. EN’S BUSINESS CENTERS. ‘‘(D) encourage or require the use of energy SMITH, Mr. SPECTER, Ms. STABENOW, Mr. Section 29(k)(4)(A)(iv) of the Small Busi- conservation and demand side management VOINOVICH, Mr. WYDEN, Mr. GRAHAM of Flor- ness Act (15 U.S.C. 656(k)(4)(A)(iv)) is amend- practices; and ida, Mr. BAUCUS, and Mr. CAMPBELL) pro- ed by striking ‘‘30.2 percent’’ and inserting ‘‘(E) affect access to domestic natural gas posed an amendment to the bill S. 1215, to ‘‘36 percent’’. supplies; and sanction the ruling Burmese military junta, ‘‘(5) recommendations for federal actions to strengthen Burma’s democratic forces and SA 880. Mr. ALEXANDER (for him- to achieve the objectives of the report, in- support and recognize the National League self, Mr. SANTORUM, Mr. CORNYN, Ms. cluding recommendations that— ‘‘(A) encourage or require the use of energy of Democracy as the legitimate representa- LANDRIEU, Mr. BINGAMAN, Mr. DOMEN- tive of the Burmese people, and for other sources other than natural gas, including ICI, Mr. GRASSLEY, and Ms. MURKOWSKI) coal, nuclear and renewable sources; purposes. proposed an amendment to the bill S. SA 883. Mr. MCCONNELL (for himself, Mr. ‘‘(B) encourage or require the use of energy GRASSLEY, and Mr. BAUCUS) proposed an 14, to enhance the energy security of conservation or demand side management amendment to amendment SA 882 proposed the United States, and for other pur- practices; by Mr. MCCONNELL (for himself, Mrs. FEIN- poses; as follows: ‘‘(C) support technologies for the develop- STEIN, Mr. MCCAIN, Mr. AKAKA, Mr. ALEX- Page 52, after line 22, insert: ment of alternative sources of natural gas ANDER, Mr. ALLARD, Mr. ALLEN, Mr. BEN- and synthetic gas, including coal gasifi- ‘‘SECTION . NATURAL GAS SUPPLY SHORTAGE cation technologies; and NETT, Mr. BIDEN, Mr. BINGAMAN, Mrs. BOXER, REPORT. ‘‘(D) will improve access to domestic nat- Mr. BREAUX, Mr. BROWNBACK, Mr. BUNNING, ‘‘(a) REPORT.—Not later than six months ural gas supplies.’’. Mr. CHAMBLISS, Mrs. CLINTON, Mr. COLEMAN, after the date of enactment of this act, the Ms. COLLINS, Mr. CORZINE, Mr. DASCHLE, Mr. Secretary of Energy (‘‘Secretary’’) shall sub- Mr. BINGAMAN (for himself, DAYTON, Mrs. DOLE, Mr. DOMENICI, Mr. DUR- mit to the Congress a report on natural gas SA 881. BIN, Mr. EDWARDS, Mr. FEINGOLD, Mr. FRIST, supplies and demand. In preparing the re- Mr. INOUYE, and Mr. DASCHLE) proposed Mr. HAGEL, Mr. DORGAN, Mr. BURNS, Mr. port, the Secretary shall consult with ex- an amendment to the bill S. 14, to en- KOHL, Mr. HARKIN, Mrs. HUTCHISON, Mr. JEF- perts in natural gas supply and demand as hance the energy security of the FORDS, Mr. KENNEDY, Mr. KERRY, Mr. KYL, well as representatives of State and local United States, and for other purposes; Mr. LAUTENBERG, Mr. LEAHY, Mr. LEVIN, Mr. units of government, tribal organizations, as follows: LIEBERMAN, Mr. LUGAR, Ms. MIKULSKI, Ms. and consumer and other organizations. As MURKOWSKI, Mrs. MURRAY, Mr. NELSON of Ne- Page 101, line 1, strike ‘‘electrify Indian the Secretary deems advisable, the Sec- tribal land’’ and all that follows through braska, Mr. REID, Mr. ROCKEFELLER, Mr. retary may hold public hearings and provide SANTORUM, Mr. SARBANES, Mr. SCHUMER, Mr. page 128, line 24, and insert: other opportunities for public comment. The ‘‘(4) electrify Indian tribal land and the SMITH, Mr. SPECTER, Ms. STABENOW, Mr. report shall contain recommendations for homes of tribal members.’’ VOINOVICH, Mr. WYDEN, Mr. GRAHAM of Flor- federal actions that, if implemented, will re- (b) CONFORMING AMENDMENTS.— ida, Mr. BAUCUS, AND Mr. CAMPBELL) to the sult in a balance between natural gas supply (1) The table of contents of the Department bill S. 1215, supra. and demand at a level that will ensure, to SA 884. Mr. GRAHAM of Florida (for him- of Energy Organization Act (42 U.S.C. prec. the maximum extent practicable, achieve- 7101) is amended— self, Mrs. FEINSTEIN, Ms. CANTWELL, Mr. ment of the objectives established in sub- (A) in the item relating to section 209, by WYDEN, Mr. NELSON of Florida, Mrs. BOXER, section (b). striking ‘‘Section’’ and inserting ‘‘Sec.’’; and Mr. LAUTENBERG, Mr. EDWARDS, Mr. KERRY, ‘‘(b) OBJECTIVES OF REPORT.—In preparing (B) by striking the items relating to sec- Mrs. MURRAY, Mr. LIEBERMAN, Mr. AKAKA, the report, the Secretary shall seek to de- tions 213 through 216 and inserting the fol- Mr. LEAHY, Ms. SNOWE, Mr. DODD, Mr. velop a series of recommendations that will lowing: CHAFEE, Mrs. DOLE, Mr. KENNEDY, Mr. result in a balance between natural gas sup- ‘‘Sec. 213. Establishment of policy for Na- CORZINE, and Ms. COLLINS) proposed an ply and demand adequate to— tional Nuclear Security Admin- amendment to the bill S. 14, to enhance the ‘‘(1) provide residential consumers with energy security of the United States, and for istration. natural gas at reasonable and stable prices; ‘‘Sec. 214. Establishment of security, coun- other purposes. ‘‘(2) accommodate long-term maintenance SA 885. Ms. MURKOWSKI submitted an terintelligence, and intel- and growth of domestic natural gas depend- ligence policies. amendment intended to be proposed by her ent industrial, manufactured and commer- to the bill S. 14, supra; which was ordered to ‘‘Sec. 215. Office of Counterintelligence. cial enterprises; ‘‘Sec. 216. Office of Intelligence. lie on the table. ‘‘(3) facilitate the attainment of national ‘‘Sec. 217. Office of Indian Energy Policy and f ambient air quality standards under the Programs Clean Air Act; TEXT OF AMENDMENTS (2) Section 5315 of title 5, United States ‘‘(4) permit continued progress in reducing Code, is amended by inserting ‘‘Director, Of- SA 878. Mr. SCHUMER submitted an emissions associated with electric power fice of Indian Energy Policy and Programs, amendment intended to be proposed by generation; and Department of Energy.’’ after ‘‘Inspector him to the bill S. 14, to enhance the en- ‘‘(5) support development of the prelimi- General, Department of Energy.’’. nary phases of hydrogen-based energy tech- ergy security of the United States, and SEC. 303. INDIAN ENERGY. nologies. for other purposes; which was ordered (a) Title XXVI of the Energy Policy Act of ‘‘(c) CONTENTS OF REPORT.—The report 1992 (25 U.S.C. 3501 et seq.) is amended to to lie on the table; as follows: shall provide a comprehensive analysis of read as follows: On page 150, after line 14, insert the fol- natural gas supply and demand in the United lowing: States for the period from 2004 and 2015. The ‘‘TITLE XXVI—INDIAN ENERGY SEC. 443. PLAN FOR WESTERN NEW YORK SERV- analysis shall include, at a minimum— ‘‘SEC. 2601. DEFINITIONS. ICE CENTER. ‘‘(1) estimates of annual domestic demand ‘‘For purposes of this title: Not later than December 31, 2003, the Sec- for natural gas that take into account the ef- ‘‘(1) The term ‘Director’ means the Direc- retary of Energy shall transmit to the Con- fect of federal policies and actions that are tor of the Office of Indian Energy Policy and gress a plan for the transfer to the Secretary likely to increase and decrease demand for Programs, Department of Energy. of title to, and full responsibility for the pos- natural gas; ‘‘(2) The term ‘Indian land’ means— session, transportation, disposal, steward- ‘‘(2) projections of annual natural gas sup- ‘‘(A) any land located within the bound- ship, maintenance, and monitoring of, all fa- plies, from domestic and foreign sources, aries of an Indian reservation, pueblo, or cilities, property, and radioactive waste at under existing federal policies; rancheria;

VerDate Jan 31 2003 05:33 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.125 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7733 ‘‘(B) any land not located within the Indian energy resource development program ergy determines are necessary to carry out boundaries of an Indian reservation, pueblo, to assist Indian tribes and tribal energy re- this subsection. or rancheria, the title to which is held— source development organizations in achiev- ‘‘(5) There are authorized to be appro- ‘‘(i) in trust by the United States for the ing the purposes of this title. priated such sums as are necessary to carry benefit of an Indian tribe; ‘‘(2) In carrying out the Program, the Sec- out this subsection, to remain available ‘‘(ii) by an Indian tribe, subject to restric- retary shall— until expended. tion by the United States against alienation; ‘‘(A) provide development grants to Indian ‘‘(6) Not later than 1 year from the date of or tribes and tribal energy resource develop- enactment of this section, the Secretary of ‘‘(iii) by a dependent Indian community; ment organizations for use in developing or Energy shall report to the Congress on the and obtaining the managerial and technical ca- financing requirements of Indian tribes for ‘‘(C) land conveyed to a Native Corporation pacity needed to develop energy resources on energy development on Indian land. under the Alaska Native Claims Settlement Indian land, and to properly account for re- ‘‘(d) INDIAN ENERGY PREFERENCE.— ‘‘(1) In purchasing electricity or any other Act (43 U.S.C. 1601 et seq.). sulting energy production and revenues; energy product or byproduct, a Federal agen- ‘‘(3) The term ‘Indian reservation’ in- ‘‘(B) provide grants to Indian tribes and cy or department may give preference to an cludes— tribal energy resource development organi- energy and resource production enterprise, ‘‘(A) an Indian reservation in existence in zations for use in carrying out projects to partnership, consortium, corporation, or any State or States as of the date of enact- promote the vertical integration of energy other type of business organization the ma- ment of this paragraph; resources, and to process, use, or develop jority of the interest in which is owned and ‘‘(B) a public domain Indian allotment; those energy resources, on Indian land; and controlled by 1 or more Indian tribes. ‘‘(C) in Oklahoma, all land that is— ‘‘(C) provide low-interest loans to Indian ‘‘(2) In carrying out this subsection, a Fed- ‘‘(i) within the jurisdictional area of an In- tribes and tribal energy resource develop- eral agency or department shall not— dian tribe, and ment organizations for use in the promotion ‘‘(A) pay more than the prevailing market ‘‘(ii) within the boundaries of the last res- of energy resource development and vertical price for an energy product or byproduct; ervation of such tribe that was established integration of energy resources on Indian and by treaty, executive order, or secretarial land. ‘‘(B) obtain less than prevailing market order; and ‘‘(3) There are authorized to be appro- terms and conditions.’’. ‘‘(D) a dependent Indian community lo- priated to carry out this subsection such ‘‘SEC. 2603. INDIAN TRIBAL ENERGY RESOURCE cated within the borders of the United sums as are necessary for each of fiscal years REGULATION. States, regardless of whether the community 2004 through 2014. ‘‘(a) GRANTS.—The Secretary may provide is located— ‘‘(b) INDIAN ENERGY EDUCATION PLANNING to Indian tribes and tribal energy resource ‘‘(i) on original or acquired territory of the AND MANAGEMENT ASSISTANCE.— development organizations, on an annual community; or ‘‘(1) The Director shall establish programs basis, grants for use in developing, admin- ‘‘(ii) within or outside the boundaries of to assist Indian tribes in meeting energy istering, implementing, and enforcing tribal any particular State. education, research and development, plan- laws (including regulations) governing the ‘‘(4) The term ‘Indian tribe’ has the mean- ning, and management needs. development and management of energy re- ing given the term in section 4 of the Indian ‘‘(2) In carrying out this section, the Direc- sources on Indian land. Self-Determination and Education Assist- tor may provide grants, on a competitive ‘‘(b) USE OF FUNDS.—Funds from a grant ance Act (25 U.S.C. 450b), except the term, basis, to an Indian tribe or tribal energy re- provided under this section may be used by for the purpose of Section 2604, shall not in- source development organization for use in an Indian tribe or tribal energy resource de- clude any Native Corporation. carrying out— velopment organization for— ‘‘(5) The term ‘Native Corporation’ has the ‘‘(A) energy, energy efficiency, and energy ‘‘(1) the development of a tribal energy re- meaning given the term in section 3 of the conservation programs; source inventory or tribal energy resource Alaska Native Claims Settlement Act (43 ‘‘(B) studies and other activities sup- on Indian land; ‘‘(2) the development of a feasibility study U.S.C. 1602). porting tribal acquisition of energy supplies, or other report necessary to the development ‘‘(6) The term ‘organization’ means a part- services, and facilities; nership, joint venture, limited liability com- of energy resources on Indian land; ‘‘(C) planning, construction, development, ‘‘(3) the development and enforcement of pany, or other unincorporated association or operation, maintenance, and improvement of entity that is established to develop Indian tribal laws and the development of technical tribal electrical generation, transmission, infrastructure to protect the environment energy resources. and distribution facilities located on Indian under applicable law; or ‘‘(7) The term ‘Program’ means the Indian land; and ‘‘(4) the training of employees that— energy resource development program estab- ‘‘(D) development, construction, and inter- ‘‘(A) are engaged in the development of en- lished under section 2602(a). connection of electric power transmission fa- ergy resources on Indian land; or ‘‘(8) The term ‘Secretary’ means the Sec- cilities located on Indian land with other ‘‘(B) are responsible for protecting the en- retary of the Interior. electric transmission facilities. vironment. ‘‘(9) The term ‘tribal energy resource de- ‘‘(3)(A) The Director may develop, in con- ‘‘(c) OTHER ASSISTANCE.—To the maximum velopment organization’ means an organiza- sultation with Indian tribes, a formula for extent practicable, the Secretary and the tion of 2 or more entities, at least 1 of which providing grants under this section. Secretary of Energy shall make available to is an Indian tribe, that has the written con- ‘‘(B) In providing a grant under this sub- Indian tribes and tribal energy resource de- sent of the governing bodies of all Indian section, the Director shall give priority to an velopment organizations scientific and tech- tribes participating in the organization to application received from an Indian tribe nical data for use in the development and apply for a grant, loan, or other guarantee with inadequate electric service (as deter- management of energy resources on Indian authorized by sections 2602 or 2603 of this mined by the Director). land. title. ‘‘(4) The Secretary of Energy may promul- ‘‘SEC. 2604. LEASES, BUSINESS AGREEMENTS, ‘‘(10) The term ‘tribal land’ means any land gate such regulations as necessary to carry AND RIGHTS-OF-WAY INVOLVING EN- or interests in land owned by any Indian out this subsection. ERGY DEVELOPMENT OR TRANS- tribe, band, nation, pueblo, community, ‘‘(5) There is authorized to be appropriated MISSION. ‘‘(a) LEASES AND AGREEMENTS.—Subject to rancheria, colony or other group, title to to carry out this subsection $20,000,000 for which is held in trust by the United States the provisions of this section— each of fiscal years 2004 through 2011. ‘‘(1) an Indian tribe may, at its discretion, or which is subject to a restriction against OAN GUARANTEE PROGRAM.— ‘‘(c) L enter into a lease or business agreement for alienation imposed by the United States. ‘‘(1) Subject to paragraph (3), the Secretary the purpose of energy development, includ- ‘‘(11) The term ‘vertical integration of en- of Energy may provide loan guarantees (as ergy resources’’ means any project or activ- ing a lease or business agreement for— defined in section 502 of the Federal Credit ‘‘(A) exploration for, extraction of, proc- ity that promotes the location and operation Reform Act of 1990 (2 U.S.C. 661a)) for not essing of, or other development of energy re- of a facility (including any pipeline, gath- more than 90 percent of the unpaid principal sources on tribal land; and ering system, transportation system or facil- and interest due on any loan made to any In- ‘‘(B) construction or operation of an elec- ity, or electric transmission facility), on or dian tribe for energy development. tric generation, transmission, or distribution near Indian land to process, refine, generate ‘‘(2) A loan guaranteed under this sub- facility located on tribal land; or a facility electricity from, or otherwise develop energy section shall be made by— to process or refine energy resources devel- resources on, Indian land. ‘‘(A) a financial institution subject to ex- oped on tribal land; and ‘‘SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE amination by the Secretary of Energy; or ‘‘(2) such lease or business agreement de- DEVELOPMENT. ‘‘(B) an Indian tribe, from funds of the In- scribed in paragraph (1) shall not require the ‘‘(a) DEPARTMENT OF THE INTERIOR PRO- dian tribe. approval of the Secretary under section 2103 GRAM.— ‘‘(3) The aggregate outstanding amount of the Revised Statutes (25 U.S.C. 81) or any ‘‘(1) To assist Indian tribes in the develop- guaranteed by the Secretary of Energy at other provision of Title 25, U.S. Code, if— ment of energy resources and further the any time under this subsection shall not ex- ‘‘(A) the lease or business agreement is ex- goal of Indian self-determination, and with ceed $2,000,000,000. ecuted in accordance with a tribal energy re- the consent of any affected Indian tribe, the ‘‘(4) The Secretary of Energy may promul- source agreement approved by the Secretary Secretary shall establish and implement an gate such regulations as the Secretary of En- under subsection (e);

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.137 S11PT1 S7734 CONGRESSIONAL RECORD — SENATE June 11, 2003 ‘‘(B) the term of the lease or business ‘‘(II) address the term of the lease or busi- monitor the performance of the activities of agreement does not exceed— ness agreement or the term of conveyance of the Indian tribe associated with the develop- ‘‘(i) 30 years; or the right-of-way; ment of energy resources on tribal land by ‘‘(ii) in the case of a lease for the produc- ‘‘(III) address amendments and renewals; the Indian tribe; and tion of oil and gas resources, 10 years and as ‘‘(IV) address consideration for the lease, ‘‘(ii) in the case of a finding by the Sec- long thereafter as oil or gas is produced in business agreement, or right-of-way; retary of imminent jeopardy to a physical paying quantities; and ‘‘(V) address technical or other relevant re- trust asset, provisions authorizing the Sec- ‘‘(C) the Indian tribe has entered into a quirements; retary to reassume responsibility for activi- tribal energy resource agreement with the ‘‘(VI) establish requirements for environ- ties associated with the development of en- Secretary, as described in subsection (e), re- mental review in accordance with subpara- ergy resources on tribal land. lating to the development of energy re- graph (C); ‘‘(3) The Secretary shall provide notice and sources on tribal land (including an annual ‘‘(VII) ensure compliance with all applica- opportunity for public comment on tribal en- trust asset evaluation of the activities of the ble environmental laws; ergy resource agreements submitted under Indian tribe conducted in accordance with ‘‘(VIII) identify final approval authority; ‘‘(IX) provide for public notification of paragraph (1). the agreement). ‘‘(4) If the Secretary disapproves a tribal ‘‘(b) RIGHTS-OF-WAY FOR PIPELINES OR final approvals; ‘‘(X) establish a process for consultation energy resource agreement submitted by an ELECTRIC TRANSMISSION OR DISTRIBUTION Indian tribe under paragraph (1), the Sec- LINES.—An Indian tribe may grant a right- with any affected States concerning potential off-reservation impacts associated with retary shall— of-way over tribal land for a pipeline or an ‘‘(A) notify the Indian tribe in writing of the lease, business agreement, or right-of- electric transmission or distribution line the basis for the disapproval; without specific approval by the Secretary way; ‘‘(XI) describe the remedies for breach of ‘‘(B) identify what changes or other ac- if— tions are required to address the concerns of ‘‘(1) the right-of-way is executed in accord- the lease, agreement, or right-of-way; and ‘‘(XII) describe tribal remedies, if any, the Secretary; and ance with a tribal energy resource agree- ‘‘(C) provide the Indian tribe with an opment approved by the Secretary under sub- against the United States for breach of any duties of the United States under such tribal portunity to revise and resubmit the tribal section (e); energy resource agreement. ‘‘(2) the term of the right-of-way does not energy resource agreement. ‘‘(5) If an Indian tribe executes a lease or exceed 30 years; ‘‘(C) Tribal energy resource agreements ‘‘(3) the pipeline or electric transmission submitted under paragraph (1) shall estab- business agreement or grants a right-of-way or distribution line serves— lish, and include provisions to ensure com- in accordance with a tribal energy resource ‘‘(A) an electric generation, transmission, pliance with, an environmental review proc- agreement approved under this subsection, or distribution facility located on tribal ess that, with respect to a lease, business the Indian tribe shall, in accordance with the land; or agreement, or right-of-way under this sec- process and requirements set forth in the ‘‘(B) a facility located on tribal land that tion, provides for— Secretary’s regulations adopted pursuant to processes or refines energy resources devel- ‘‘(i) Except as provided in clause (ii) of this subsection (e)(8), provide to the Secretary— oped on tribal land; and subparagraph, the preparation of a document ‘‘(A) a copy of the lease, business agree- ‘‘(4) the Indian tribe has entered into a comparable to an environmental assessment ment, or right-of-way document (including tribal energy resource agreement with the as provided for in existing regulations issued all amendments to and renewals of the docu- Secretary, as described in subsection (e), re- by the President’s Council on Environmental ment); and lating to the development of energy re- Quality, including brief discussions of the ‘‘(B) in the case of a tribal energy resource sources on tribal land (including an annual need for the proposal and the environmental agreement or a lease, business agreement, or trust asset evaluation of the activities of the impacts (including impacts on cultural re- right-of-way that permits payment to be Indian tribe conducted in accordance with sources) of the proposed action and alter- made directly to the Indian tribe, docu- the agreement). natives (which may be limited to a no-action mentation of those payments sufficient to ‘‘(c) RENEWALS.—A lease or business agree- alternative except in circumstances in which enable the Secretary to discharge the trust ment entered into or a right-of-way granted section 102(2)(E) of the National Environ- responsibility of the United States as appro- by an Indian tribe under this section may be mental Policy Act (42 U.S.C. 4332(2)(E)) priate under applicable law. renewed at the discretion of the Indian tribe would require a broader consideration of al- ‘‘(6)(A) Nothing in this section shall ab- in accordance with this section. ternatives if such action were proposed by a solve the United States from any responsi- ‘‘(d) VALIDITY.—No lease, business agree- federal agency); bility to Indians or Indian tribes, including ment, or right-of-way relating to the devel- ‘‘(ii) in the event that the environmental those which derive from the trust relation- opment of tribal energy resources pursuant analysis specified in clause (i) leads to a de- ship as set forth in treaties, statutes, regula- to the provisions of this section shall be termination by the responsible tribal official tions, Executive Orders, court decisions, and valid unless the lease, business agreement, that the impacts of the proposed action will agreements between the United States and or right-of-way is authorized in accordance be significant, the tribe will prepare an envi- any Indian tribe; provided further that the with a tribal energy resource agreement ap- ronmental impact statement comparable to Secretary shall carry out the actions re- proved by the Secretary under subsection that required pursuant to existing regula- quired in this section in a manner consistent (e)(2). tions of the Council on Environmental Qual- with the trust responsibility to protect and ‘‘(e) TRIBAL ENERGY RESOURCE AGREE- ity, provided that the preparation of an envi- conserve the trust resources of Indian tribes MENTS.— ronmental assessment pursuant to clause (i) and individual Indians, and shall act in good ‘‘(1) On promulgation of regulations under faith in upholding such trust responsibility. paragraph (8), an Indian tribe may submit to is not required if the responsible tribal official makes a threshold determination that ‘‘(B) The Secretary shall continue to have the Secretary for approval a tribal energy re- a trust obligation to ensure that the rights source agreement governing leases, business an environmental impact statement pursuant to this clause (ii) will be required; of an Indian tribe are protected in the event agreements, and rights-of-way under this of a violation of federal law or the terms of section. ‘‘(iii) the identification of proposed mitiga- any lease, business agreement or right-of- ‘‘(2)(A) Not later than 180 days after the tion and mechanisms to ensure that any way under this section by any other party to date on which the Secretary receives a tribal mitigation measures that are incorporated energy resource agreement submitted by an into the environmental documents required any such lease, business agreement or right- Indian tribe under paragraph (1) (or one year pursuant to clause (i) or (ii) will be enforce- of-way. ‘‘(7)(A) In this paragraph, the term ‘inter- if the Secretary determines such additional able; ested party’ means any person or entity the time is necessary to comply with applicable ‘‘(iv) a process for ensuring that the public federal law), the Secretary shall approve or is informed of and has an opportunity to interests of which have sustained or will sus- disapprove the tribal energy resource agree- comment on the environmental impacts of tain an adverse environmental impact as a ment. any proposed lease, business agreement, or result of the failure of an Indian tribe to ‘‘(B) The Secretary shall approve a tribal right-of-way before the issuance of a final comply with a tribal energy resource agree- energy resource agreement submitted under document under clauses (i) or (ii), and before ment of the Indian tribe approved by the paragraph (1) if— tribal approval of the lease, business agree- Secretary under paragraph (2). ‘‘(i) the Secretary determines that the In- ment, or right-of-way (or any amendment to ‘‘(B) After exhaustion of tribal remedies, dian tribe has demonstrated that the Indian or renewal of the lease, business agreement, and in accordance with the process and re- tribe has sufficient capacity to regulate the or right-of-way); and quirements set forth in regulations adopted development of energy resources of the In- ‘‘(v) sufficient administrative support and by the Secretary pursuant to subsection dian tribe; and technical capability to carry out the envi- (e)(8), an interested party may submit to the ‘‘(ii) the tribal energy resource agreement ronmental review process. Secretary a petition to review compliance of includes provisions that, with respect to a ‘‘(D) A tribal energy resource agreement an Indian tribe with a tribal energy resource lease, business agreement, or right-of-way negotiated between the Secretary and an In- agreement of the Indian tribe approved under this section— dian tribe in accordance with this subsection under this subsection. ‘‘(1) ensure the acquisition of necessary in- shall include— ‘‘(C) If the Secretary determines that an formation from the applicant for the lease, ‘‘(i) provisions requiring the Secretary to Indian tribe is not in compliance with a trib- business agreement, or right-of-way; conduct an annual trust asset evaluation to al energy resource agreement approved

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.139 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7735 under this subsection, the Secretary shall ‘‘SEC. 2605. FEDERAL POWER MARKETING ADMIN- ducted under the Indian Mineral Develop- take such action as is necessary to compel ISTRATIONS. ment Act of 1982 (25 U.S.C. 2101 et seq.) as of compliance, including— ‘‘(a) DEFINITIONS.—In this section: that date. ‘‘(i) suspending a lease, business agree- ‘‘(1) The term ‘Administrator’ means the ‘‘(b) REPORT.—Not later than 1 year after ment, or right-of-way under this section Administrator of the Bonneville Power Ad- the date of enactment of the Indian Tribal until an Indian tribe is in compliance with ministration and the Administrator of the Energy Development and Self-Determination the approved tribal energy resource agree- Western Area Power Administration. Act of 2003, the Secretary shall submit to the ment; and ‘‘(2) The term ‘power marketing adminis- Congress a report that includes— ‘‘(ii) rescinding approval of the tribal en- tration’ means— ‘‘(1) the results of the review; ergy resource agreement and reassuming the ‘‘(A) the Bonneville Power Administration; ‘‘(2) recommendations to ensure that In- ‘‘(B) the Western Area Power Administra- responsibility for approval of any future dian tribes have the opportunity to develop tion; and Indian energy resources; and leases, business agreements, or rights-of-way ‘‘(C) any other power administration the ‘‘(3) an analysis of the barriers to the de- described in subsections (a) and (b). power allocation of which is used by or for ‘‘(D) If the Secretary seeks to compel com- velopment of energy resources on Indian the benefit of an Indian tribe located in the pliance of an Indian tribe with an approved land (including legal, fiscal, market, and service area of the administration. tribal energy resource agreement under sub- other barriers), along with recommendations ‘‘(b) ENCOURAGEMENT OF INDIAN TRIBAL EN- for the removal of those barriers. paragraph (C)(ii), the Secretary shall— ERGY DEVELOPMENT.—Each Administrator ‘‘(i) make a written determination that de- shall encourage Indian tribal energy develop- ‘‘SEC. 2607. WIND AND HYDROPOWER FEASI- scribes the manner in which the tribal en- ment by taking such actions as are appro- BILITY STUDY. ergy resource agreement has been violated; priate, including administration of programs ‘‘(a) STUDY.—The Secretary of Energy, in ‘‘(ii) provide the Indian tribe with a writ- of the Bonneville Power Administration and coordination with the Secretary of the Army ten notice of the violation together with the the Western Area Power Administration, in and the Secretary, shall conduct a study of written determination; and the cost and feasibility of developing a dem- ‘‘(iii) before taking any action described in accordance with this section. ‘‘(c) ACTION BY THE ADMINISTRATOR.—In onstration project that would use wind en- subparagraph (C)(ii) or seeking any other carrying out this section, and in accordance ergy generated by Indian tribes and hydro- remedy, provide the Indian tribe with a hear- with existing law— power generated by the Army Corps of Engi- ing and a reasonable opportunity to attain ‘‘(1) each Administrator shall consider the neers on the Missouri River to supply firm- compliance with the tribal energy resource unique relationship that exists between the ing and supplemental power to the Western agreement. United States and Indian tribes. Area Power Administration. ‘‘(E) An Indian tribe described in subpara- ‘‘(2) power allocations from the Western ‘‘(b) SCOPE OF STUDY.—The study shall— graph (D) shall retain all rights to appeal as Area Power Administration to Indian tribes ‘‘(1) determine the feasibility of the blend- provided in regulations promulgated by the may be used to meet firming, supplemental, ing of wind energy and hydropower gen- Secretary. and reserve needs of Indian-owned energy erated from the Missouri River dams oper- ‘‘(F) Any decision of the Secretary with re- projects on Indian land; ated by the Army Corps of Engineers; spect to a review or appeal described in this ‘‘(3) the Administrator of the Western Area ‘‘(2) review historical purchase require- paragraph (7) shall constitute a final agency Power Administration may purchase power ments and projected purchase requirements action. from Indian tribes to meet the firming, sup- for firming and the patterns of availability ‘‘(8) Not later than 180 days after the date plemental, and reserve requirements of the and use of firming energy; of enactment of the Indian Tribal Energy De- Western Area Power Administration; and ‘‘(3) assess the wind energy resource poten- velopment and Self-Determination Act of ‘‘(4) each Administrator shall not pay more tial on tribal land and projected cost savings 2003, the Secretary shall promulgate regula- than the prevailing market price for an en- through a blend of wind and hydropower over tions that implement the provisions of this ergy product nor obtain less than prevailing a 30-year period; subsection, including— market terms and conditions. ‘‘(4) determine seasonal capacity needs and ‘‘(A) criteria to be used in determining the ‘‘(d) ASSISTANCE FOR TRANSMISSION SYSTEM associated transmission upgrades for inte- capacity of an Indian tribe described in para- USE.— gration of tribal wind generation; and graph (2)(B)(i), including the experience of ‘‘(1) An Administrator may provide tech- ‘‘(5) include an independent tribal engineer the Indian tribe in managing natural re- nical assistance to Indian tribes seeking to as a study team member. sources and financial and administrative re- use the high-voltage transmission system for ‘‘(c) REPORT.—Not later than 1 year after sources available for use by the Indian tribe delivery of electric power. the date of enactment of this Act, the Sec- in implementing the approved tribal energy ‘‘(2) The costs of technical assistance pro- retary and Secretary of the Army shall sub- resource agreement of the Indian tribe; and vided under paragraph (1) shall be funded by mit to Congress a report that describes the ‘‘(B) a process and requirements in accord- the Secretary of Energy using nonreimburs- results of the study, including— ance with which an Indian tribe may— able funds appropriated for that purpose, or ‘‘(1) an analysis of the potential energy ‘‘(i) voluntarily rescind an approved tribal by the applicable Indian tribes. cost or benefits to the customers of the energy resource agreement approved by the ‘‘(e) POWER ALLOCATION STUDY.—Not later Western Area Power Administration through Secretary under this subsection; and than 2 years after the date of enactment of the blend of wind and hydropower; ‘‘(ii) return to the Secretary the responsi- the Indian Tribal Energy Development and ‘‘(2) an evaluation of whether a combined bility to approve any future leases, business Self-Determination Act of 2003, the Sec- wind and hydropower system can reduce res- agreements, and rights-of-way described in retary of Energy shall submit to the Con- ervoir fluctuation, enhance efficient and re- this subsection. gress a report that— liable energy production, and provide Mis- ‘‘(f) NO EFFECT ON OTHER LAW.—Nothing in ‘‘(1) describes the use by Indian tribes of souri River management flexibility; this section affects the application of— Federal power allocations of the Western ‘‘(3) recommendations for a demonstration ‘‘(1) any Federal environmental law; Area Power Administration (or power sold project that could be carried out by the ‘‘(2) the Surface Mining Control and Rec- by the Southwestern Power Administration) Western Area Power Administration in part- lamation Act of 1977 (30 U.S.C. 1201 et seq.); and the Bonneville Power Administration to nership with an Indian tribal government or or or for the benefit of Indian tribes in service tribal energy resource development organi- ‘‘(3) except as otherwise provided in this areas of those administrations; and zation to demonstrate the feasibility and po- title, the Indian Mineral Development Act of ‘‘(2) identifies— tential of using wind energy produced on In- 1982 (25 U.S.C. 2101 et seq.). ‘‘(A) the quantity of power allocated to In- dian land to supply firming energy to the ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— dian tribes by the Western Area Power Ad- Western Area Power Administration or any There are authorized to be appropriated to ministration; other Federal power marketing agency; and the Secretary of the Interior $2,000,000 for ‘‘(B) the quantity of power sold to Indian ‘‘(4) an identification of— each of fiscal years 2004 through 2010 to tribes by other power marketing administra- ‘‘(A) the economic and environmental costs make grants or provide other appropriate as- tions; and or benefits to be realized through such a Fed- sistance to Indian tribes to assist them in ‘‘(C) barriers that impede tribal access to eral-tribal partnership; and the implementation of any tribal energy re- and use of Federal power, including an as- ‘‘(B) the manner in which such a partner- source agreements entered into pursuant to sessment of opportunities to remove those ship could contribute to the energy security this section. barriers and improve the ability of power of the United States. ‘‘(h) EXPIRATION OF AUTHORITY.—The au- marketing administrations to facilitate the ‘‘(d) FUNDING.— thority of an Indian tribe to enter into, or use of Federal power by Indian tribes. ‘‘(1) There is authorized to be appropriated issue, leases, business agreements or rights- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— to carry out this section $500,000, to remain of-way pursuant to this section, and the Sec- There is authorized to be appropriated to available until expended. retary’s authority to approve tribal energy carry out this section $750,000, which shall ‘‘(2) Costs incurred by the Secretary in car- resource agreements pursuant to this sec- remain available until expended and shall rying out this section shall be nonreimburs- tion, shall expire seven years after the date not be reimbursable. able.’’. of enactment of the Indian Energy Develop- ‘‘SEC. 2606. INDIAN MINERAL DEVELOPMENT RE- (b) CONFORMING AMENDMENTS.—The table ment and Self-Determination Act of 2003, un- VIEW. of contents for the Energy Policy Act of 1992 less reauthorized by a subsequent Act of ‘‘(a) IN GENERAL.—The Secretary shall con- (25 U.S.C. 3501 et seq.) is amended by striking Congress. duct a review of all activities being con- items relating to Title XXVI, and inserting:

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.140 S11PT1 S7736 CONGRESSIONAL RECORD — SENATE June 11, 2003 ‘‘Sec. 2601. Definitions. (6) The SPDC has demonstrably failed to after consultation with the ILO Secretary ‘‘Sec. 2602. Indian tribal energy resource de- cooperate with the United States in stopping General and relevant nongovernmental orga- velopment. the flood of heroin and methamphetamines nizations, reports to the appropriate con- ‘‘Sec. 2603. Indian tribal energy resource being grown, refined, manufactured, and gressional committees that the SPDC no regulation. transported in areas under the control of the longer systematically violates workers ‘‘Sec. 2604. Leases, business agreements, and SPDC serving to flood the region and much rights, including the use of forced and child rights-of-way involving energy of the world with these illicit drugs. labor, and conscription of child-soldiers. development or transmission. (7) The SPDC provides safety, security, and (B) The SPDC has made measurable and ‘‘Sec. 2605. Federal Power Marketing Ad- engages in business dealings with narcotics substantial progress toward implementing a ministrations. traffickers under indictment by United democratic government including— ‘‘Sec. 2606. Indian mineral development re- States authorities, and other producers and (i) releasing all political prisoners; view. traffickers of narcotics. (ii) allowing freedom of speech and the ‘‘Sec. 2607. Wind and hydropower feasibility (8) The International Labor Organization press; study. (ILO), for the first time in its 82-year his- (iii) allowing freedom of association; tory, adopted in 2000, a resolution recom- (iv) permitting the peaceful exercise of re- SA 882. Mr. MCCONNELL (for himself, mending that governments, employers, and ligion; and Mrs. FEINSTEIN, Mr. MCCAIN, Mr. workers organizations take appropriate (v) bringing to a conclusion an agreement AKAKA, Mr. ALEXANDER, Mr. ALLARD, measures to ensure that their relations with between the SPDC and the democratic forces Mr. ALLEN, Mr. BENNETT, Mr. BIDEN, the SPDC do not abet the government-spon- led by the NLD and Burma’s ethnic nation- sored system of forced, compulsory, or slave Mr. BINGAMAN, Mrs. BOXER, Mr. alities on the transfer of power to a civilian labor in Burma, and that other international BREAUX, Mr. BROWNBACK, Mr. BUNNING, government accountable to the Burmese peo- bodies reconsider any cooperation they may ple through democratic elections under the Mr. CHAMBLISS, Mrs. CLINTON, Mr. be engaged in with Burma and, if appro- rule of law. COLEMAN, Ms. COLLINS, Mr. CORZINE, priate, cease as soon as possible any activity (C) Pursuant to the terms of section 706 of Mr. DASCHLE, Mr. DAYTON, Mrs. DOLE, that could abet the practice of forced, com- the Foreign Relations Authorization Act, Mr. DOMENICI, Mr. DURBIN, Mr. ED- pulsory, or slave labor. Fiscal Year 2003 (Public Law 107–228), Burma WARDS, Mr. FEINGOLD, Mr. FRIST, Mr. (9) The SPDC has integrated the Burmese has not failed demonstrably to make sub- military and its surrogates into all facets of HAGEL, Mr. DORGAN, Mr. BURNS, Mr. stantial efforts to adhere to its obligations the economy effectively destroying any free under international counternarcotics agree- KOHL, Mr. HARKIN, Mrs. HUTCHISON, Mr. enterprise system. JEFFORDS, Mr. KENNEDY, Mr. KERRY, ments and to take other effective counter- (10) Investment in Burmese companies and narcotics measures, including the arrest and Mr. KYL, Mr. LAUTENBERG, Mr. LEAHY, purchases from them serve to provide the extradition of all individuals under indict- Mr. LEVIN, Mr. LIEBERMAN, Mr. LUGAR, SPDC with currency that is used to finance ment in the United States for narcotics traf- Ms. MIKULSKI, Ms. MURKOWSKI, Mrs. its instruments of terror and repression ficking, and concrete and measurable actions MURRAY, Mr. NELSON of Nebraska, Mr. against the Burmese people. to stem the flow of illicit drug money into (11) On April 15, 2003, the American Apparel REID, Mr. ROCKEFELLER, Mr. Burma’s banking system and economic en- and Footwear Association expressed its terprises and to stop the manufacture and SANTORUM, Mr. SARBANES, MR. SCHU- ‘‘strong support for a full and immediate ban export of methamphetamines. MER, Mr. SMITH, Mr. SPECTER, Ms. on U.S. textiles, apparel and footwear im- (4) APPROPRIATE CONGRESSIONAL COMMIT- STABENOW, Mr. VOINOVICH, Mr. WYDEN, ports from Burma’’ and called upon the TEES.—In this subsection, the term ‘‘appro- Mr. GRAHAM of Florida, Mr. BAUCUS, United States Government to ‘‘impose an priate congressional committees’’ means the outright ban on U.S. imports’’ of these items and Mr. CAMPBELL,) proposed an Committees on Foreign Relations and Appro- until Burma demonstrates respect for basic amendment to the bill S. 1215, to sanc- priations of the Senate and the Committees human and labor rights of its citizens. tion the ruling Burmese military on International Relations and Appropria- (12) The policy of the United States, as ar- tions of the House of Representatives. junta, to strengthen Burma’s demo- ticulated by the President on April 24, 2003, cratic foreces and support and recog- is to officially recognize the NLD as the le- (b) WAIVER AUTHORITIES.— nize the National League of Democracy gitimate representative of the Burmese peo- (1) IN GENERAL.—The President may waive as the legitimate representative of the ple as determined by the 1990 election. the prohibitions described in this section for any or all products imported from Burma to Burmese people, and for other pur- SEC. 3. BAN AGAINST TRADE THAT SUPPORTS the United States if the President deter- poses; as follows: THE MILITARY REGIME OF BURMA. (a) GENERAL BAN.— mines and notifies the Committees on Appro- Strike all after the enacting clause and in- (1) IN GENERAL.—Notwithstanding any priations and Foreign Relations of the Sen- sert the following: other provision of law, until such time as the ate and the Committees on Appropriations SECTION 1. SHORT TITLE. President determines and certifies to Con- and International Relations of the House of This Act may be cited as the ‘‘Burmese gress that Burma has met the conditions de- Representatives that to do so is in the na- Freedom and Democracy Act of 2003’’. scribed in paragraph (3), no article may be tional security interest of the United States. SEC. 2. FINDINGS. imported into the United States that is pro- (2) INTERNATIONAL OBLIGATIONS.—The Congress makes the following findings: duced, mined, manufactured, grown, or as- President may waive any provision of this (1) The State Peace and Development sembled in Burma. Act found to be in violation of any inter- Council (SPDC) has failed to transfer power (2) BAN ON IMPORTS FROM CERTAIN COMPA- national obligations of the United States to the National League for Democracy (NLD) NIES.—The import restrictions contained in pursuant to any final ruling relating to whose parliamentarians won an over- paragraph (1) shall apply to, among other en- Burma under the dispute settlement proce- whelming victory in the 1990 elections in tities— dures of the World Trade Organization. Burma. (A) the SPDC, any ministry of the SPDC, a SEC. 4. FREEZING ASSETS OF THE BURMESE RE- (2) The SPDC has failed to enter into member of the SPDC or an immediate family GIME IN THE UNITED STATES. meaningful, political dialogue with the NLD member of such member; Not later than 60 days after the date of en- and ethnic minorities and has dismissed the (B) known narcotics traffickers from actment of this Act, the Secretary of the efforts of United Nations Special Envoy Burma or an immediate family member of Treasury shall direct, and promulgate regu- Razali bin Ismail to further such dialogue. such narcotics trafficker; lations to the same, that any United States (3) According to the State Department’s (C) the Union of Myanmar Economics financial institution holding funds belonging ‘‘Report to the Congress Regarding Condi- Holdings Incorporated (UMEHI) or any com- to the SPDC or the assets of those individ- tions in Burma and U.S. Policy Toward pany in which the UMEHI has a fiduciary in- uals who hold senior positions in the SPDC Burma’’ dated March 28, 2003, the SPDC has terest; or its political arm, the Union Solidarity De- become ‘‘more confrontational’’ in its ex- (D) the Myanmar Economic Corporation velopment Association, shall promptly re- changes with the NLD. (MEC) or any company in which the MEC has port those assets to the Office of Foreign As- (4) On May 30, 2003, the SPDC, threatened a fiduciary interest; sets Control. The Secretary of the Treasury by continued support for the NLD through- (E) the Union Solidarity and Development may take such action as may be necessary to out Burma, brutally attacked NLD sup- Association (USDA); and secure such assets or funds. porters, killed and injured scores of civil- (F) any successor entity for the SPDC, SEC. 5. LOANS AT INTERNATIONAL FINANCIAL IN- ians, and arrested democracy advocate Aung UMEHI, MEC, or USDA. STITUTIONS. San Suu Kyi and other activists. (3) CONDITIONS DESCRIBED.—The conditions The Secretary of the Treasury shall in- (5) The SPDC continues egregious human described in this paragraph are the fol- struct the United States executive director rights violations against Burmese citizens, lowing: to each appropriate international financial uses rape as a weapon of intimidation and (A) The SPDC has made substantial and institution in which the United States par- torture against women, and forcibly measurable progress to end violations of ticipates, to oppose, and vote against the ex- conscripts child-soldiers for the use in fight- internationally recognized human rights in- tension by such institution of any loan or fi- ing indigenous ethnic groups. cluding rape, and the Secretary of State, nancial or technical assistance to Burma

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.141 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7737 until such time as the conditions described SA 882 proposed by Mr. MCCONNELL (for (B) bilateral and multilateral measures unin section 3(a)(3) are met. himself, Mrs. FEINSTEIN, Mr. MCCAIN, dertaken by the United States Government SEC. 6. EXPANSION OF VISA BAN. Mr. AKAKA, Mr. ALEXANDER, Mr. AL- and other governments to promote human rights and democracy in Burma; and (a) IN GENERAL.— LARD, Mr. ALLEN, Mr. BENNETT, Mr. (1) VISA BAN.—The President is authorized (C) the impact and effectiveness of the pro- BIDEN, Mr. BINGAMAN, Mrs. BOXER, Mr. to deny visas and entry to the former and visions of this Act in furthering the policy BREAUX, Mr. BROWNBACK, Mr. BUNNING, present leadership of the SPDC or the Union objectives of the United States toward Solidarity Development Association. Mr. CHAMBLISS, Mrs. CLINTON, Mr. Burma. (2) UPDATES.—The Secretary of State shall COLEMAN, Ms. COLLINS, Mr. CORZINE, SEC. 9. DURATION OF SANCTIONS. coordinate on a biannual basis with rep- Mr. DASCHLE, Mr. DAYTON, Mrs. DOLE, (a) TERMINATION BY REQUEST FROM DEMO- resentatives of the European Union to ensure Mr. DOMENICI, Mr. DURBIN, Mr. ED- CRATIC BURMA.—The President may termi- that an individual who is banned from ob- WARDS, Mr. FEINGOLD, Mr. FRIST, Mr. nate any provision in this Act upon the retaining a visa by the European Union for the HAGEL, Mr. DORGAN, Mr. BURNS, Mr. quest of a democratically elected govern- reasons described in paragraph (1) is also KOHL, Mr. HARKIN, Mrs. HUTCHISON, Mr. ment in Burma, provided that all the condi- banned from receiving a visa from the United JEFFORDS, Mr. KENNEDY, Mr. KERRY, tions in section 3(a)(3) have been met. States. (b) CONTINUATION OF IMPORT SANCTIONS.— Mr. KYL, Mr. LAUTENBERG, Mr. LEAHY, (b) PUBLICATION.—The Secretary of State (1) EXPIRATION.—The import restrictions shall post on the Department of State’s Mr. LEVIN, Mr. LIEBERMAN, Mr. LUGAR, contained in section 3(a)(1) shall expire 1 website the names of individuals whose entry Ms. MIKULSKI, Ms. MURKOWSKI, Mrs. year from the date of enactment of this Act into the United States is banned under sub- MURRAY, Mr. NELSON of Nebraska, Mr. unless renewed under paragraph (2) of this section (a). REID, Mr. ROCKEFELLER, Mr. section. SEC. 7. CONDEMNATION OF THE REGIME AND SANTORUM, Mr. SARBANES, Mr. SCHU- (2) RESOLUTION BY CONGRESS.—The import DISSEMINATION OF INFORMATION. MER, Mr. SMITH, Mr. SPECTER, Ms. restrictions contained in section 3(a)(1) may (a) IN GENERAL.—Congress encourages the STABENOW, Mr. VOINOVICH, Mr. WYDEN, be renewed annually for a 1-year period if, Secretary of State to highlight the abysmal prior to the anniversary of the date of enact- Mr. GRAHAM of Florida, Mr. BAUCUS, record of the SPDC to the international comment of this Act, and each year thereafter, a and Mr. CAMPBELL) to the bill S. 1215, munity and use all appropriate fora, includ- renewal resolution is enacted into law in ac- ing the Association of Southeast Asian Na- to sanction the ruling Burmese mili- cordance with subsection (c). tions Regional Forum and Asian Nations Re- tary junta, to strengthen Burma’s (c) RENEWAL RESOLUTIONS.— gional Forum, to encourage other states to democratic forces and support and rec- (1) IN GENERAL.—For purposes of this sec- restrict financial resources to the SPDC and ognize the National League of Democ- tion, the term ‘‘renewal resolution’’ means a Burmese companies while offering political racy as the legitimate representative joint resolution of the 2 Houses of Congress, recognition and support to Burma’s demo- of the Burmese people, and for other the sole matter after the resolving clause of cratic movement including the National purposes; as follows: which is as follows: ‘‘That Congress approves League for Democracy and Burma’s ethnic the renewal of the import restrictions con- On page 5, line 5, insert ‘‘and except as pro- groups. tained in section 3(a)(1) of the Burmese Free- vided in section 9’’ after ‘‘law’’. (b) UNITED STATES EMBASSY.—The United dom and Democracy Act of 2003.’’ States embassy in Rangoon shall take all Beginning on page 7, line 23, strike all (2) PROCEDURES.— through page 8, line 3, and insert the fol- steps necessary to provide access of informa- (A) IN GENERAL.—A renewal resolution— tion and United States policy decisions to lowing: (i) may be introduced in either House of media organs not under the control of the (4) APPROPRIATE CONGRESSIONAL COMMIT- Congress by any member of such House at ruling military regime. TEES.—In this Act, the term ‘‘appropriate any time within the 90-day period before the congressional committees’’ means the Com- SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN expiration of the import restrictions con- BURMA. mittee on Foreign Relations, the Committee tained in section 3(a)(1); and (a) IN GENERAL.—The President is author- on Finance, and the Committee on Appro- (ii) the provisions of subparagraph (B) shall ized to use all available resources to assist priations of the Senate and the Committee apply. on International Relations, the Committee Burmese democracy activists dedicated to (B) EXPEDITED CONSIDERATION.—The provi- nonviolent opposition to the regime in their on Ways and Means, and the Committee on sions of section 152 (b), (c), (d), (e), and (f) of efforts to promote freedom, democracy, and Appropriations of the House of Representa- the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), human rights in Burma, including a listing tives. (d), (e), and (f)) apply to a renewal resolution of constraints on such programming. On page 8, beginning on line 5, strike all under this Act as if such resolution were a (b) REPORTS.— through line 13, and insert the following: resolution described in section 152(a) of the (1) FIRST REPORT.—Not later than 3 months (1) IN GENERAL.—The President may waive Trade Act of 1974. after the date of enactment of this Act, the the prohibitions described in this section for Secretary of State shall provide the Commit- any or all products imported from Burma to SA 884. Mr. GRAHAM of Florida (for tees on Appropriations and Foreign Rela- the United States if the President deter- himself, Mrs. FEINSTEIN, Ms. CANT- mines and notifies the appropriate congres- tions of the Senate and the Committees on WELL, Mr. WYDEN, Mr. NELSON of Flor- Appropriations and International Relations sional committees that to do so is in the ida, Mrs. BOXER, Mr. LAUTENBERG, Mr. of the House of Representatives a com- vital national security interest of the United prehensive report on its short- and long-term States. EDWARDS, Mr. KERRY, Mrs. MURRAY, programs and activities to support democ- On page 11, beginning on line 16, strike Mr. LIEBERMAN, Mr. AKAKA, Mr. LEAHY, racy activists in Burma, including a list of ‘‘Committees on Appropriations and Foreign Ms. SNOWE, Mr. DODD, Mr. CHAFEE, constraints on such programming. Relations of the Senate’’ and all that follows Mrs. DOLE, Mr. KENNEDY, Mr. CORZINE, (2) REPORT ON RESOURCES.—Not later than 6 through ‘‘House of Representatives’’ on line and Ms. COLLINS) proposed an amend- months after the date of enactment of this 19, and insert ‘‘appropriate congressional ment to the bill S. 14, to enhance the Act, the Secretary of State shall provide the committees’’. energy security of the United States, Committees on Appropriations and Foreign On page 12, beginning on line 1, strike and for other purposes; as follows: Relations of the Senate and the Committees ‘‘Committees on Appropriations and Foreign on Appropriations and International Rela- Relations of the Senate’’ and all that follows Beginning on page 23, strike line 20 and all tions of the House of Representatives a re- through ‘‘House of Representatives’’ on line that follows through page 25, line 8. port identifying resources that will be nec- 4, and insert ‘‘appropriate congressional essary for the reconstruction of Burma, after committees’’. SA 885. Ms. MURKOWSKI submitted the SPDC is removed from power, includ- On page 12, after line 16, insert the fol- an amendment intended to be proposed ing— lowing: by her to the bill S. 14, to enhance the (A) the formation of democratic institu- (3) REPORT ON TRADE SANCTIONS.—Not later energy security of the United States, tions; than 90 days before the date that the import and for other purposes; which was or- (B) establishing the rule of law; restrictions contained in section 3(a)(1) are dered to lie on the table; as follows: (C) establishing freedom of the press; to expire, the Secretary of State, in con- At the end of title XI, add the following: (D) providing for the successful reintegra- sultation with the United States Trade Rep- tion of military officers and personnel into resentative and other appropriate agencies, Subtitle I—Miscellaneous Burmese society; and shall submit to the appropriate congres- SEC. 1195. ENERGY SECURITY OF ISRAEL. (E) providing health, educational, and eco- sional committees, a report on— (a) IN GENERAL.—Notwithstanding any nomic development. (A) conditions in Burma, including human other provision of law, the President may ex- rights violations, arrest and detention of de- port oil to, or secure oil for, any country SA 883. Mr. MCCONNELL (for him- mocracy activists, forced and child labor, pursuant to a bilateral international oil sup- self, Mr. GRASSLEY, and Mr. BAUCUS) and the status of dialogue between the SPDC ply agreement entered into by the United proposed an amendment to amendment and the NLD and ethnic minorities; States with such nation before June 25, 1979,

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.130 S11PT1 S7738 CONGRESSIONAL RECORD — SENATE June 11, 2003 or to any country pursuant to the Inter- nomic Committee be authorized to con- The nominations considered and con- national Emergency Oil Sharing Plan of the duct a hearing in room 628 of the Dirk- firmed en bloc are as follows: International Energy Agency. sen Senate Office Building, Wednesday, EXECUTIVE OFFICE OF THE PRESIDENT (b) MEMORANDUM OF AGREEMENT.—The fol- June 11, 2003, from 9:30 a.m. to 1 p.m. lowing agreements shall be deemed to have Clay Johnson III, of Texas, to be Deputy entered into force by operation of law and The PRESIDING OFFICER. Without Director of Management, Office for Manage- shall be deemed to have no termination date: objection, it is so ordered. ment and Budget. (1) The agreement entitled ‘‘Agreement SUBCOMMITTEE ON COMPETITION, FOREIGN DEPARTMENT OF JUSTICE amending and extending the memorandum of COMMERCE, AND INFRASTRUCTURE Harlon Eugene Costner, of North Carolina, agreement of June 22, 1979’’, entered into Mr. THOMAS. Mr. President, I ask to be United States Marshal for the Middle force November 13, 1994 (TIAS 12580). unanimous consent that the Sub- District of North Carolina for the term of (2) The agreement entitled ‘‘Agreement committee on Competition, Foreign four years. amending the contingency implementing ar- f rangements of October 17, 1980’’, entered into Commerce, and Infrastructure be au- force June 27, 1995 (TIAS 12670). thorized to meet on Wednesday, June LEGISLATIVE SESSION 11, 2003, at 2:30 p.m. f The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without the previous order, the Senate will now AUTHORITY FOR COMMITTEES TO objection, it is so ordered. return to legislative session. MEET PERMANENT SUBCOMMITTEE ON INVESTIGATIONS f COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. THOMAS. Mr. President, I ask AND PENSIONS unanimous consent that the Perma- COMMENDING MEDGAR WILEY Mr. THOMAS. Mr. President, I ask nent Subcommittee on Investigations EVERS AND HIS WIDOW, MYRLIE unanimous consent that the Com- of the Committee on Governmental Af- EVERS-WILLIAMS mittee on Health, Education, Labor, fairs be authorized to meet on Wednes- Mr. FITZGERALD. Mr. President, I and Pensions be authorized to meet in day, June 11, 2003, at 9 a.m., for a hear- ask unanimous consent that the Sen- executive session during the session of ing entitled ‘‘Patient Safety: Instilling ate proceed to the immediate consider- the Senate on Wednesday, June 11, 2003. Hospitals with a Culture of Continuous ation of S. Con. Res. 54, which was sub- The following agenda will be consid- Improvement.’’ mitted earlier today. ered: The PRESIDING OFFICER. Without The PRESIDING OFFICER. The S. 648, Pharmacy Education Aid Act objection, it is so ordered. clerk will report the concurrent resolu- of 2003. f tion by title. S l, Greater Access to Affordable PRIVILEGES OF THE FLOOR The assistant legislative clerk read Pharmaceuticals Act. as follows: Any nominees that have been cleared Mr. ENZI. Mr. President, I ask unani- A concurrent resolution (S. Con. Res. 54) for action. mous consent that Greg Dean of my of- commending Medgar Wiley Evers and his The PRESIDING OFFICER. Without fice be given floor privileges during the widow, Myrlie Evers-Williams, for their lives objection, it is so ordered. debate on the Energy Bill. and accomplishments, designating a Medgar COMMITTEE ON INDIAN AFFAIRS The PRESIDING OFFICER. Without Evers National Week of Remembrance, and Mr. THOMAS. Mr. President, I ask objection, it is so ordered. for other purposes. unanimous consent that the Com- Mr. GRAHAM of Florida. Mr. Presi- There being no objection, the Senate mittee on Indian Affairs be authorized dent, I ask unanimous consent that proceeded to consider the concurrent to meet on Wednesday, June 11, 2003, at Mindy Yergin, an intern in my office, resolution. 10 a.m., in room 485 of the Russell Sen- be granted floor privileges for the re- Mr. FITZGERALD. Mr. President, I ate Office Building to conduct a hear- mainder of the consideration of this ask unanimous consent that the con- ing on the nomination of Charles W. legislation. current resolution be agreed to, the Grim, D.D.S., to be the Director of the The PRESIDING OFFICER. Without preamble be agreed to, and the motion Indian Health Service at the Depart- objection, it is so ordered. to reconsider be laid upon the table, ment of Health and Human Services; to Mrs. MURRAY. Mr. President, I ask and that any statements relating to be followed immediately by another unanimous consent that Andrea Lee, a this matter be printed in the RECORD. hearing on S. 1146, to implement the legislative fellow in my office, be The PRESIDING OFFICER. Without recommendations of the Garrison Unit granted the privilege of the floor for objection, it is so ordered. Joint Tribal Advisory Committee by the remainder of the debate on S. 14, The concurrent resolution (S. Con. providing authorization for the con- the Energy Bill. Res. 54) was agreed to. struction of a rural health care facility The PRESIDING OFFICER. Without The preamble was agreed to. on the Fort Berthold Indian Reserva- objection, it is so ordered. The concurrent resolution, with its tion, ND. f preamble, reads as follows: The PRESIDING OFFICER. Without EXECUTIVE SESSION S. CON. RES. 54 objection, it is so ordered. Whereas a pioneer in the fight for racial COMMITTEE ON THE JUDICIARY justice, Medgar Wiley Evers, was born July Mr. THOMAS. Mr. President, I ask NOMINATION DISCHARGED AND 2, 1925, in Decatur, Mississippi, to James and EXECUTIVE CALENDAR Jessie Evers; unanimous consent that the Com- Whereas, to faithfully serve his country, mittee on the Judiciary be authorized Mr. FITZGERALD. Mr. President, I Medgar Evers left high school to join the to meet to conduct a hearing on ‘‘Judi- ask unanimous consent that the Sen- Army when World War II began and, after cial and Executive Nominations’’ on ate immediately proceed to executive coming home to Mississippi, he completed Wednesday, June 11, 2003, at 9:30 a.m., session and that the nomination of high school, enrolled in Alcorn Agricultural in the Dirksen Senate Office Building Clay Johnson, to be Deputy Director and Mechanical College, presently known as Room 650. for Management, OMB, be discharged Alcorn State University, and majored in Panel I: Senators. business administration; from the Governmental Affairs Com- Whereas, as a student at Alcorn Agricul- Panel II: William H. Pryor, Jr., to be mittee; I further ask consent that the tural and Mechanical College, Evers was a United States Circuit Judge for the Senate proceed to its consideration and member of the debate team, the college Eleventh Circuit. the consideration of Executive Cal- choir, and the football and track teams, was Panel III: Diane M. Stuart to be Di- endar No. 224 en bloc; further, that the the editor of the campus newspaper and the rector, Violence Against Women Office, nominations be confirmed, the motion yearbook, and held several student offices, United States Department of Justice. to reconsider be laid upon the table, which gained him recognition in Who’s Who The PRESIDING OFFICER. Without the President be immediately notified in American Colleges; objection, it is so ordered. Whereas, while a junior at Alcorn Agricul- of the Senate’s action, and the Senate tural and Mechanical College, Evers met a JOINT ECONOMIC COMMITTEE then resume legislative session. freshman named Myrlie Beasley, whom he Mr. THOMAS. Mr. President, I ask The PRESIDING OFFICER. Without married on December 24, 1951, and with unanimous consent that the Joint Eco- objection, it is so ordered. whom he spent the remainder of his life;

VerDate Jan 31 2003 04:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.132 S11PT1 June 11, 2003 CONGRESSIONAL RECORD — SENATE S7739 Whereas, after Medgar Evers received a Whereas Myrlie Evers became Myrlie stand in adjournment until 9:30 a.m., bachelor of arts degree, he moved to historic Evers-Williams when she married Walter Thursday, June 12. I further ask con- Mound Bayou, Mississippi, became employed Williams in 1976; sent that following the prayer and by Magnolia Mutual Life Insurance Com- Whereas, in the 1990’s, Evers-Williams con- pledge, the morning hour be deemed vinced Mississippi prosecutors to reopen pany, and soon began establishing local expired, the Journal of proceedings be chapters of the National Association for the Medgar Evers’ murder case, and the reopen- approved to date, the time for the two Advancement of Colored People (referred to ing of the case led to the conviction and life in this resolution as the ‘‘NAACP’’) through- imprisonment of Medgar Evers’ killer; leaders be reserved for their use later out the Delta region; Whereas Evers-Williams became the first in the day, and the Senate then resume Whereas, moved by the plight of African- female to chair the 64-member Board of Di- consideration of S. 14, the Energy bill, Americans in Mississippi and a desire to rectors of the NAACP, to provide guidance to as provided under the previous order. change the conditions facing them, in 1954, an organization that was dear to Medgar Evers’ heart; The PRESIDING OFFICER. Without after the United States Supreme Court ruled Whereas Evers-Williams has published her objection, it is so ordered. school segregation unconstitutional, Medgar memoirs, entitled ‘‘Watch Me Fly: What I Evers became the first known African-Amer- f Learned on the Way to Becoming the Woman ican person to apply for admission to the I Was Meant to Be’’, to enlighten the world PROGRAM University of Mississippi Law School, but about the struggles that plagued her life as Mr. FITZGERALD. For the informa- was denied that admission; the wife of an activist and empowered her to Whereas, as a result of that denial, Medgar become a community leader; tion of all Senators, tomorrow morning Evers contacted the NAACP to take legal ac- Whereas Evers-Williams is widely known the Senate will resume consideration tion; as a motivational lecturer and continues to of S. 14, the Energy bill. The Graham Whereas in 1954, Medgar Evers was offered speak out against discrimination and injus- amendment relating to the Outer Con- a position as the Mississippi Field Secretary tice; tinental Shelf is currently pending to for the NAACP, and he accepted the position, Whereas her latest endeavor has brought the energy bill. Under a previous agree- making Myrlie Evers his secretary; her home to Mississippi to make two re- ment, when the Senate resumes consid- Whereas, with his wife by his side, Medgar markable contributions, through the estab- eration of the bill tomorrow morning, Evers began a movement to register people lishment of the Evers Collection and the to vote in Mississippi and, as a result of his Medgar Evers Institute, which advance the there will be up to 90 minutes of debate activities, Medgar Evers received numerous knowledge and cause of social injustice and prior to a vote on or in relation to the threats; which encompass the many lessons in the amendment. Therefore, the first vote of Whereas, in spite of the threats, Medgar life’s work of Medgar Evers and Myrlie tomorrow’s session will occur at ap- Evers persisted, with dedication and courage, Evers-Williams; proximately 11 a.m. In addition to the to organize rallies, build the NAACP’s mem- Whereas Evers-Williams has presented the Graham amendment, the Senate will bership, and travel around the country with extraordinary papers in that Collection and consider other amendments to the En- Myrlie Evers to educate the public; Institute to the Mississippi Department of ergy bill, and Members should expect Archives and History, where the papers are Whereas Medgar Evers’ passion for quality rollcall votes throughout the day. education for all children led him to file suit being preserved and catalogued; and against the Jackson, Mississippi public Whereas it is the policy of Congress to rec- f schools, which gained him national media ognize and pay tribute to the lives and ac- coverage; complishments of extraordinary Mississip- ADJOURNMENT UNTIL 9:30 A.M. Whereas Medgar Evers organized students pians such as Medgar Evers and Myrlie TOMORROW from Tougaloo and Campbell Colleges, co- Evers-Williams, whose life sacrifices have Mr. FITZGERALD. Mr. President, if contributed to the betterment of the lives of ordinated and led protest marches, organized there is no further business to come be- boycotts of Jackson businesses and sit-ins, the citizens of Mississippi as well as the United States: Now, therefore, be it fore the Senate, I ask unanimous con- and challenged segregated bus seating, and sent that the Senate stand in adjourn- for these heroic efforts, he was arrested, Resolved by the Senate (the House of Rep- beaten, and jailed; resentatives concurring), That— ment under the previous order. Whereas the violence against Medgar Evers (1) Congress commends Medgar Wiley There being no objection, the Senate, Evers and his widow, Myrlie Evers-Williams, came to a climax on June 12, 1963, when he at 7:57 p.m., adjourned until Thursday, and expresses the greatest respect and grati- was shot and killed in front of his home; June 12, 2003, at 9:30 a.m. tude of Congress, for their lives and accom- Whereas, after the fingerprints of an out- plishments; f spoken segregationist were recovered from (2) the Senate— the scene of the shooting, and 2 juries dead- CONFIRMATIONS (A) designates the period beginning on locked without a conviction in the shooting Executive nominations confirmed by June 9, 2003, and ending on June 16, 2003, as the Senate June 11, 2003: case, Myrlie Evers and her 3 children moved the ‘‘Medgar Evers National Week of Re- to Claremont, California, where she enrolled membrance’’; and EXECUTIVE OFFICE OF THE PRESIDENT in Pomona College and earned her bachelor’s (B) requests that the President issue a CLAY JOHNSON III, OF TEXAS, TO BE DEPUTY DIREC- degree in sociology in 1968; proclamation calling on the people of the TOR FOR MANAGEMENT, OFFICE OF MANAGEMENT AND Whereas, after Medgar Evers’ death, Myrlie United States to observe the week with ap- BUDGET. Evers began to create her own legacy and propriate ceremonies and activities; and THE JUDICIARY emerged as a national catalyst for justice (3) copies of this resolution shall be fur- RICHARD C. WESLEY, OF NEW YORK, TO BE UNITED and equality by becoming active in politics, nished to the family of Medgar Wiley Evers STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT. becoming a founder of the National Women’s J. RONNIE GREER, OF TENNESSEE, TO BE UNITED and Myrlie Evers-Williams. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT Political Caucus, running for Congress in f OF TENNESSEE. California’s 24th congressional district, serv- MARK R. KRAVITZ, OF CONNECTICUT, TO BE UNITED ing as Commissioner of Public Works for Los STATES DISTRICT JUDGE FOR THE DISTRICT OF CON- ORDERS FOR THURSDAY, JUNE 12, NECTICUT. Angeles, using her writing skills to serve as 2003 a correspondent for Ladies Home Journal DEPARTMENT OF JUSTICE and to cover the Paris Peace Talks, and ris- Mr. FITZGERALD. Mr. President, I HARLON EUGENE COSTNER, OF NORTH CAROLINA, TO ask unanimous consent that when the BE UNITED STATES MARSHAL FOR THE MIDDLE DIS- ing to prominence as Director of Consumer TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR Affairs for the Atlantic Richfield Company; Senate completes its business today, it YEARS.

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IN RECOGNITION OF MORNING- In recognition of their outstanding contribu- IN RECOGNITION OF THE MANY SIDE-WESTSIDE COMMUNITY AC- tions to the community and their commitment CONTRIBUTIONS OF ATHANASIOS TION CORPORATION to the quality of life of the mentally disabled, (TOM) ALAFOGIANNIS, A LEADER I ask that my colleagues join me in saluting IN QUEENS AND THE GREEK HON. CAROLYN B. MALONEY Nancy Walder and her dedicated staff at AMERICAN COMMUNITY OF NEW YORK MWCAC. IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY Tuesday, June 10, 2003 f OF NEW YORK Mrs. MALONEY. Mr. Speaker, I rise to pay IN THE HOUSE OF REPRESENTATIVES tribute to the Morningside-Westside Commu- IN HONOR OF CAROL BARTZ Tuesday, June 10, 2003 nity Action Corporation, MWCAC. For nearly a Mrs. MALONEY. Mr. Speaker, with great decade, MWCAC has worked tirelessly in sadness I rise to pay tribute to Athanasios order to serve the mental health community of HON. ANNA G. ESHOO (Tom) Alafogiannis, a much admired and be- New York City. OF CALIFORNIA Founded in 1994, the Morningside Westside loved leader of the Greek-American commu- Community Action Corporation has been in- IN THE HOUSE OF REPRESENTATIVES nity in Queens. Unfortunately, Tom strumental in advocating positive changes in Alafogiannis passed away last week, leaving Tuesday, June 10, 2003 governmental health programs, distributing in- much of the community in mourning. formation about issues facing the mental Tom was born in Dafno, Greece on Feb- Ms. ESHOO. Mr. Speaker, I rise to honor ruary 28th, 1933. Talented with his hands, health community and promoting awareness Carol Bartz, special guest and honoree at the and understanding towards those who suffer Tom completed the technical school of engi- June 18, 2003 Forum for Women Entre- from mental illness. MWCAC strives to assist neering. Although he was a hard worker who the mentally ill on their road to recovery and preneurs Silent Auction and Awards Dinner. loved his family, he decided to leave Greece to help them achieve their goals and live pro- Carol Bartz is the Board Chair, President to seek a better life in America. ductive lives. and CEO of Autodesk, Inc., and she has At the age of 36 he came to the United Realizing that society has a place for all, the earned an honors degree in computer science States, working his way over as a ship’s engineer. In America, he attended school and be- MWCAC has long been a proponent of help- from the University of Wisconsin, and been came a licenced master plumber. His talents ing the mentally disabled live normally within granted honorary degrees from the New Jer- the mainstream. Morningside-Westside Com- were quickly recognized and he built a suc- sey Institute of Technology, Worcester Poly- munity Action Corporation actively promotes cessful business. In 1969 he married the love reintegration, mainstream living, steady em- technic Institute and William Wood University. of his life, Rose Anne Benevento. They have ployment and recovery for all those who suffer During her tenure at Autodesk the company four children: Apostolos (Paul), Jennifer, Jo- from mental illness. has diversified and revenues have grown to seph and Vasilios (Billy). Over the last eight and a half years, under more than $947 million in 2002. Understanding the responsibilities that come the leadership of Nancy Walder, their Presi- Carol Bartz gives generously of her leader- with prosperity, Tom devoted a great deal of time and attention to giving back to the com- dent, dedicated staff members have worked ship skills, both in Silicon Valley and else- on mental health advocacy projects, and munity. His unwavering dedication and bound- where through her service on the boards of or- opened lines of communication between those less energy made him a popular leader. He who administer mental health services and ganizations such as TEA Systems, Cisco Sys- served as President of the Hermes Chapter of those who require them. tems, Network Appliance, Technet, and the AHEPA, three time President of the Greek In order to spread their message throughout Foundation for the National Medals of Science American Homeowners and President of the city and beyond, mental health service and Technology. She serves on the Board of Sterea Hellas. Concerned with the quality of workers, members of the mentally disabled Directors of the New York Stock Exchange life in Astoria, he became a member of community and their friends and family mem- and is one of its 12 members who represent Queens Community Board 1. As a successful bers publish The Morningside-Westside Bul- public companies. She was recently appointed business leader, he became a member of the letin, an award-winning monthly mental health to the President’s Council of Advisors on Board of Directors of the Kiwanis Club. journal. Journal articles detail issues facing the Science and Technology where she will play a Tom never became involved in anything mental health community and provide advice halfway. In every organization in which he par- key role in setting our nation’s high-tech agen- and avenues for help for those who are in ticipated, he left his mark. Tom was, quite sim- da. need of assistance. ply, a charming man of great energy and deep Under MWCAC’s auspices, members of the Carol Bartz has earned many well-deserved concern for others. He will be sorely missed. mentally disabled community produce an an- honors, including the Ernst and Young North- I ask my colleagues to join me in cele- nual Outsider Art Show, a forum that encour- ern California Master Entrepreneur of the Year brating the life and accomplishments of Tom ages members to contribute their own original Award, the Horatio Alger Award and the Don- Alafogiannis, a truly remarkable man. pieces. The Morningside-Westside Community ald C. Burnham Manufacturing Management f Action Corporation has also sponsored edu- Award and she’s been named a member of cational and informational events such as IN HONOR OF JAMES C. MORGAN the Women in Technology International Hall of ‘‘Harlem Mental Health Day’’ and ‘‘Healthy Mind, Healthy Body.’’ Future events include Fame. HON. ANNA G. ESHOO ‘‘Back to Work, Back to Life Day,’’ an all day Mr. Speaker, I ask my colleagues to join me OF CALIFORNIA event to be held in Bryant Park, and a con- in honoring Carol Bartz for her extraordinary IN THE HOUSE OF REPRESENTATIVES ference to be held in connection with the New accomplishments and for the leadership she is Tuesday, June 10, 2003 York City Department of Health Federation. known for in everything she does. It is a spe- A mental illness can be a paralyzing and cial privilege to represent her and to honor her Ms. ESHOO. Mr. Speaker, I rise to honor debilitating condition. For years, many individ- James C. Morgan who recently retired as for all she has done to make our country uals have been forced to wander in the dark- Chief Executive Officer of Applied Materials, ness of this disease without a helping hand. stronger and better. Inc., of Santa Clara, California. Thanks to MWCAC, those who need assist- Mr. Morgan was named Chairman of Ap- ance in the New York area have a place to go plied Materials’ Board of Directors in 1987 and for help. continues to serve in that position today. He

∑ 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 Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.038 E11PT1 E1196 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 joined Applied Materials as President in 1976, ganization, including such problems as catch occasion of it Sesquicentennial celebration. I after serving as senior partner at WestVen basins not being cleaned in the area. Recog- am proud to offer these sentiments today Management. nizing that the organization would benefit from properly documenting this event in the record Mr. Morgan received his B.S.M.E. and MBA a strong revenue stream, he envisioned hold- of the 108th Congress. degrees from Cornell University and has ing an annual street fair. His vision is now a earned countless honors and awards. He re- reality that brings revenue to the organization f ceived the National Medal of Technology in each year. 1996 and is Vice-Chair of the President’s Ex- Mr. Wilson is described by his peers as a TRIBUTE TO MATT JOHNSON port Council. He was appointed to the 2002 man of boundless energy and commitment to U.S.-Japan Private Sector Government Com- the community he has been a part of for so mission and served on the Commission on many years. In recognition of these out- HON. BART STUPAK U.S.-Pacific Trade and Investment Policy from standing achievements, I ask my colleagues to OF MICHIGAN 1996 to 1997. He serves on the boards of join me in honoring Bob Wilson for his spirit Cisco Systems, the National Center for Asia- and dedication. IN THE HOUSE OF REPRESENTATIVES Pacific Economic Cooperation, the California f Nature Conservancy, and as a member of the Tuesday, June 10, 2003 IN SPECIAL RECOGNITION OF THE Advisory Board of the Center for Science, CITY OF BELLEVUE’S SESQUI- Mr. STUPAK. Mr. Speaker, I rise today to Technology and Society at Santa Clara Uni- CENTENNIAL CELEBRATION pay tribute to Mr. Matt Johnson, a young man versity. who served Michigan’s First Congressional Under Mr. Morgan’s leadership Applied Ma- District well for nearly 9 years, and has now terials has been recognized as one of our na- HON. PAUL E. GILLMOR OF OHIO become Michigan Governor Jennifer tion’s leading corporations. Fortune Magazine Granholm’s Upper Peninsula Representative. named Applied Materials one of America’s IN THE HOUSE OF REPRESENTATIVES Most Admired Companies, one of the Top Ten Tuesday, June 10, 2003 Matt started working for me in May of 1994 as an intern while attending Northern Michigan in Total Return to Shareholders, one of the Mr. GILLMOR. Mr. Speaker, I rise today to 100 Best Companies to Work For and one of pay special tribute to the City of Bellevue. This University (NMU). Matt took on significant re- the Best Companies for Asians, Blacks and City in my congressional district was first set- sponsibility during his internship, working Hispanics. tled in 1815. It is generally acknowledged that some extended hours and learning the ropes Mr. Speaker, I ask my colleagues to join me Mark Hopkins was its first resident, building a of how a congressional district office is run. in honoring James C. Morgan for his extraor- log cabin on East Main Street in 1816. The After completing his degree in Public Admin- dinary corporate leadership and corporate citi- site is presently marked with a plaque first istration at NMU, Matt assumed a full-time po- zenship. Our community and our country have erected in 1915. Bellevue was known as sition in my Marquette district office as a con- been strengthened by his countless contribu- Amsden’s Corners after a prominent early set- gressional aide. Another staff member in my tions and his lifetime of service. How proud I tler, Thomas Amsden, who traded with the In- Marquette office at the time, Brian Schlientz, am to know and represent Jim and his distin- dians and opened a general store at the site unfortunately took ill with a brain tumor and guished wife Becky, and wish them great of present day City Hall. passed away several months later. I mention health and every blessing. Later in the 1830’s, the City was known as this, Mr. Speaker, because Matt’s new role as f York Roads and in 1839 it was named Belle- a congressional aide fresh out of college was vue in honor of James H. Belle, an engineer IN RECOGNITION OF BOB WILSON no doubt a difficult enough adjustment, but who surveyed the first railroad through the when compounded with the tragedy of losing town. The first major road was constructed in his mentor, Matt faced significant challenges. HON. CAROLYN B. MALONEY 1823, which began at the town square and After working as a congressional aide for OF NEW YORK terminated at the Maumee River in nearly three years, Matt was promoted to the IN THE HOUSE OF REPRESENTATIVES Perrysburg. In 1839, the first railroad from role of District Administrator when my District Sandusky to Bellevue was completed and this Tuesday, June 10, 2003 Administrator, Scott Schloegel, moved to began Bellevue’s long history as a railroad Mrs. MALONEY. Mr. Speaker, I rise to pay center. Washington to become Chief of Staff. Matt tribute to Bob Wilson, whose commitment to Bellevue was incorporated as a village in was responsible for coordination and oversight various organizations has helped make the 1851 with a population of 300 and incor- of the staff in my six district offices. He also local community a better place to live. In porated as a city in 1912. Early commerce did outreach, grants, and special projects honor of his contributions, Mr. Wilson will be and industry consisted of a sawmill, tannery, throughout Michigan’s Upper Peninsula. honored by the Dutch Kills Civic Association cabinet shop, cooperage, wagon shop, farm Mr. Speaker, I have had the pleasure of on June 12th, 2003. products, four mill, railroad, and Mill Pond liq- watching Matt Johnson grow from a fresh- A lifetime New Yorker, Mr. Wilson was born uor distillery. faced college intern into a seasoned public and raised in the Bronx. As a young man, Mr. The City’s industrial base has developed servant. Along the way he has traveled tens of Wilson joined the United States Navy during steadily and is well diversified. Products range thousands of miles, held hundreds of meet- the Korean Conflict. After leaving the United from aluminum windows and doors and heat- ings, assisted thousands of constituents, and States Navy, Mr. Wilson returned home and ing/air conditioning equipment, to metal stamp- learned volumes of information about fed- began a long and successful career of 38 ing, plastics and commercial balers. eral—and now state—government. Matt has years with Local 731 as a General Foreman, Several subdivisions have been completed also taken time to settle down a bit with his building and rebuilding many of New York recently, and an additional allotment of apart- wife, Cheri and their 1-year-old daughter, City’s highways and bridges. ments and single family dwellings are also in Jacey, on their horse farm in Skandia. On An enthusiastic and dedicated community the works. their farm, Matt and Cheri host various horse advocate, Mr. Wilson joined the Dutch Kills Area residents are served by an active cen- events, including a charity fund raiser each Civic Association upon his retirement, eventu- tral city business district. Recreational opportu- year. As anyone in public service knows, ally becoming President of the organization. nities include numerous parks, a community one’s spouse often sacrifices as much as the As President of the Dutch Kills Civic Asso- center, golf course, as well as water recreation public servant does. I would be remiss in not ciation for ten years, Mr. Wilson was dedi- associated with Lake Erie, just 15 miles north. cated to improving quality of life in the neigh- Local educational facilities and programs in- thanking Cheri for sharing Matt with us and borhood. Through his efforts with Walter clude five elementary, one junior high, and being understanding on those dozens of occa- McCaffrey, a much-needed hockey rink was one senior high school. This is supplemented sions when duty called Matt to drive several built in Dutch Kills Park. He worked with Tony by participation in the EHOVE vocational hours away to attend meetings, dinners, and Maloni in his fight to remove graffiti in the school district. Higher education is available at other functions on my behalf. area. In addition, Mr. Wilson was a steady two branch universities, a technical college, Thank you, Mr. Speaker, for this opportunity leader in calling the 114th Precinct to help rid three nursing schools, and two four-year col- to publicly recognize a dedicated former em- the neighborhood of constant prostitution. leges within 25 miles. ployee, a good friend, and a wonderful human In typical fashion, Mr. Wilson was the ‘go-to’ Mr. Speaker, I ask my colleagues to join me being for his contributions to Michigan’s First guy for many of the concerns raised by the or- in paying tribute to the City of Bellevue on the Congressional District.

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A10JN8.041 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1197 TRIBUTE TO LIEUTENANT COLO- cess and happiness in all of their future en- cent years, Dr. Harmon is not ready to retire NEL MALCOM A SHORTER, deavors. anytime soon. He plans on being a doctor in UNITED STATES ARMY UPON HIS f Jerseyville for another 20 years, and I would RETIREMENT AFTER 22 YEARS like to wish him the best. The Illinois Family OF SERVICE A PROCLAMATION HONORING MR. Physician of the Year deserves it. AND MRS. MANIFOLD f HON. MARTIN T. MEEHAN CELEBRATION OF BIRTH OF OF MASSACHUSETTS HON. ROBERT W. NEY OF OHIO ISABELLA L. MESFUN IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Tuesday, June 10, 2003 Tuesday, June 10, 2003 HON. JOHN CONYERS, JR. Mr. MEEHAN. Mr. Speaker, today, I am Mr. NEY. Mr. Speaker, Whereas, Richard OF MICHIGAN pleased to recognize the outstanding service IN THE HOUSE OF REPRESENTATIVES to our Nation by Lieutenant Colonel Malcom and Carol Manifold were united in marriage on A. Shorter, who will be retiring from the Army June 13, 1953; and Tuesday, June 10, 2003 on September 30, 2003 after a distinguished Whereas, Richard and Carol Manifold are Mr. CONYERS. Mr. Speaker, I rise today to career that has spanned over 22 years of celebrating 50 years of marriage; and celebrate the healthy birth of Isabella L. Whereas, Richard and Carol Manifold have dedicated service. Malcom Shorter distin- Mesfun on Sunday, May 25, 2003. I hope Isa- demonstrated a firm commitment to each guished himself as a leader who epitomized bella has a life filled with happiness and suc- other; and the modern American professional soldier. cess. Whereas, Richard and Carol Manifold Malcom Shorter’s illustrious career as an In- should be commended for their loyalty and f fantry Officer embodied all of the Army’s val- dedication to their family; and ues of Loyalty, Duty, Respect, Selfless Serv- HONORING GIDEON SOFER Whereas, Richard and Carol Manifold have ice, Honor, Integrity, and Personal Courage. proven, by their example, to be a model for all Throughout his career Lieutenant Colonel married couples. HON. FRANK PALLONE, JR. Shorter demonstrated his outstanding tactical Therefore, I join with the residents of the en- OF NEW JERSEY and operational expertise in numerous com- tire 18th Congressional District of Ohio in con- IN THE HOUSE OF REPRESENTATIVES mand and staff positions both overseas and in gratulating Mr. and Mrs. Manifold as they cele- Tuesday, June 10, 2003 the continental United States. Continually brate their 50th Wedding Anniversary. serving in positions of ever-increasing respon- Mr. PALLONE. Mr. Speaker, I would like to sibility, highlights of his career include serving f draw the attention of my colleagues to a re- as an Infantry Company Commander twice, RECOGNITION OF DR. DAVID markable constituent from the Sixth District of and as a Brookings Congressional Fellow for HARMON New Jersey, Gideon Sofer. This young man the United States Army in my office during the has tremendous determination and has re- 1st session of the 106th Congress. Malcom HON. JOHN SHIMKUS cently been recognized as one of America’s top ten youth volunteers by the Prudential also served as the Chief of Plans and Oper- OF ILLINOIS ations for the 3rd Brigade, 3rd Infantry Division Spirit of Community Awards. This distinction IN THE HOUSE OF REPRESENTATIVES (Mechanized) at Fort Benning, Georgia and carries not only national recognition, but also was responsible for the development of world- Tuesday, June 10, 2003 a $5,000 award, and $25,000 in toys, clothing wide contingencies and the training of a com- Mr. SHIMKUS. Mr. Speaker, I rise today to and other juvenile products donated in his bined arms combat maneuver brigade focused recognize Dr. David Harmon of Jerseyville, Illi- name to needy children in his area by Kids in on South West Asia. nois for being honored as the Illinois Family Distressed Situations, Inc. Malcom’s talent for solving complex man- Physician of the Year. Gideon has lived most of his formative agement problems complemented his proven Inspired by a family doctor’s kindness and years with an incredibly painful and often de- operational skill. While serving as my Military compassion, Dr. Harmon went to medical bilitating sickness, Crohn’s disease. He has Legislative Assistant, he provided sound policy school at Southern Illinois University in Spring- been living with this disease since he was di- guidance and operational expertise on the De- field and Carbondale, then did a residency in agnosed when he was twelve. During the last partment of Defense Budget, Military Readi- Davenport, Iowa, spent some time in 6 years, he has been thorough numerous sur- ness and Veterans Affairs issues. Malcom’s Roodhouse, Illinois, and moved to Jerseyville geries, and has often faced death during the prudent opinions and sound judgment were in- in 1987. He has treated patients there ever painful procedures. Most people would have valuable in my making good decisions on since. just been concerned with their survival, but issues that affect our Soldiers, Sailors, Air- Nominated for the award by both patients Gideon has turned his personal suffering into men, Marines, and Veterans. and colleagues, Dr. Harmon is now well a quest: to educate the public about Crohn’s As evidence of the quality of Lieutenant known for his kindness and compassion, as disease. Colonel Shorter’s leadership, management, well as his dedication to the community. Not In 1932, Dr. Burrill B. Crohn, Dr. Leon and interpersonal skills, he was specially se- only is Dr. Harmon a medical doctor, but he Ginzburg, and Dr. Gordon D. Oppenheimer lected to serve as the Deputy Chief of the has also served as a professor at Saint Louis published a landmark paper describing the Army’s Congressional Liaison Office in the University and at the family practice depart- clinical features of what is known today as United States House of Representatives. He ment at Southern Illinois University School of Crohn’s disease. was responsible for maintaining liaison with Medicine. He is the medical director of the Crohn’s and a related disease, ulcerative 435 Members of Congress, their personal Jerseyville Manor Nursing Home, vice presi- colitis, are the main divisions of the group of staffs, and twenty permanent or select legisla- dent of the Jersey County Board of Health, a illnesses called inflammatory bowel disease tive committees. During that period, Malcom volunteer with the Jerseyville Fire Department, (IBD). Because the symptoms of these two ill- personally escorted more than 200 Members an assistant hockey coach at Jersey High nesses are so similar, approximately 10 per- of Congress on fact-finding missions to over School, and a Sunday School teacher and cent of cases are unable to be diagnosed de- 75 foreign countries. His dedication, candor board member at First United Methodist finitively as either ulcerative colitis or Crohn’s and professionalism while serving in that ca- Church. disease. In both illnesses, there is an abnor- pacity earned him the reputation as the best Dr. Michael McNair, one of his former stu- mal immune response. White blood cells infil- source on Capitol Hill to resolve issues per- dents and now one of his partners at Illini trate the intestinal lining, causing chronic in- taining to the Army. Medical Associates praises Dr. Harmon in flammation. These cells then produce noxious Accordingly, I invite my colleagues to join in saying, ‘‘He taught me that medicine is not products that ultimately lead to tissue injury. offering our heartfelt congratulations to Lieu- about the technology. It’s how you treat peo- When this happens, the patient experiences tenant Colonel Malcom A. Shorter on a career ple and how much you listen to them.’’ This the symptoms of IBD. The precise cause of of selfless service marked by his resolute commitment to the people is exemplary, and the chronic inflammation associated with IBD dedication and unwavering integrity. He rep- could be applied to almost every job in soci- is not known. resents the very best that our great Nation has ety. Mr. Speaker, Gideon Sofer is an example to to offer. We wish Malcom, his wife Joan, and While he admits that the business end of us all. He selflessly offers his energy to the his daughters, Alex and Tori, continued suc- being a doctor has become more difficult in re- education of the public about Crohn’s. Please

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.045 E11PT1 E1198 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 join me in recognizing this young man and his permanent positions to serve our country. We rial Counties Labor Council, and is a founding achievements. are also appreciative of those civic and com- member of the United Labor Foundation. f munity leaders who have come together to Daniel has established a reputation of vigor- support our men and women in uniform and ously representing the members of Local 122 COMMENDING OUR MILITARY their families at this difficult time in our na- while still being responsive to the needs of the FORCES, THEIR FAMILY MEM- tion’s history. In Tennessee, our communities employer and their constant struggles with de- BERS AND THEIR SUPPORTERS have come together to show their patriotism creased funding for the arts. His commitment and their appreciation for those who are mak- and dedication to the working men and HON. JOHN S. TANNER ing sacrifices to protect us all. women in the entertainment industry has led OF TENNESSEE Mr. Speaker, I ask that you join me in prais- to successful organizational efforts at a num- IN THE HOUSE OF REPRESENTATIVES ing the passage of House Concurrent Resolu- ber of San Diego area entertainment venues, Tuesday, June 10, 2003 tion 177 and House Resolution 201, saluting including the La Jolla Playhouse, the Cali- our troops, their families, our military-support fornia Center for the Arts Escondido, and the Mr. TANNER. Mr. Speaker, I wish to affirm staff, and community leaders who have shown Audio Visual Technicians for the San Diego my unwavering support for H. Con. Res. 177 their appreciation to the men and women who Marriott Marina and the Coronado Island Mar- and H. Res. 201, which this House of Rep- are performing their duty to protect our coun- riott Resort. Under his leadership, Theatrical resentatives passed in tribute to the men and try. Stage Employees #122 has increased its juris- women who serve our nation, their families, f diction and stature in the San Diego entertain- and those businesses and other community ment community, and has more than doubled members who have supported them through TRIBUTE TO KRYSTAL MIZE its membership. this difficult time in our nation’s history. Daniel Espinoza exemplifies the high val- The purpose of House Concurrent Resolu- HON. SCOTT McINNIS ues, standards, and principles of the hard- tion 177 is ‘‘recognizing and commending the OF COLORADO working men and women who are represented members of the United States Armed Forces IN THE HOUSE OF REPRESENTATIVES by the San Diego-Imperial Counties Labor and their leaders, and the allies of the United Council. I offer my congratulations to him on Tuesday, June 10, 2003 States and their armed forces, who partici- his receipt of the ‘‘Labor Leader of the Year’’ pated in Operation Enduring Freedom in Af- Mr. MCINNIS. Mr. Speaker, it is with great Award. ghanistan and Operation Iraqi Freedom in Iraq pleasure that I rise before this body of Con- f and recognizing the continuing dedication of gress to pay tribute to Krystal Mize of Pueblo, military families and employers and defense Colorado, for her incredible achievement at IN HONOR OF MONSIGNOR civilians and contractors and the countless the University of Southern Colorado. Krystal is EDWARD J. HAJDUK communities and patriotic organizations that the deserving recipient of the Threlkeld Prize lent their support to the Armed Forces during for Excellence for her success in the field of HON. ROBERT MENENDEZ those operations.’’ psychology and today I would like to recognize OF NEW JERSEY This body also passed, by a unanimous her accomplishment before this nation. IN THE HOUSE OF REPRESENTATIVES vote, House Resolution 201, ‘‘expressing the Krystal, a single mother of three boys, is not Tuesday, June 10, 2003 sense of the House of Representatives that only dedicated to her education but also do- our Nation’s businesses and business owners nates her time to work as a peer mentor, psy- Mr. MENENDEZ. Mr. Speaker, I rise today should be commended for their support of our chology lab assistant and tutor. Krystal is the to honor Monsignor Edward J. Hajduk for his troops and their families as they serve our true embodiment of the ‘‘American Dream’’, years of service to St. Henry’s Church and the country in many ways, especially in these having overcome adversity to achieve the people of Bayonne, Newark, and Elizabeth. days of increased engagement of our military highest of goals. She has proven to her family, Monsignor Hajduk celebrated the 50th Anni- in strategic locations around our Nation and the community and most importantly, herself versary of his ordination to the priesthood on around the world.’’ that she can succeed. Sunday, June 1 at St. Henry’s Church in Ba- Tennessee has long been proud of its mili- Mr. Speaker, I am proud to recognize yonne, New Jersey. tary heritage, having been nicknamed the Krystal Mize’s achievements before this body Monsignor Hajduk has led a long life of ‘‘Volunteer State’’ when thousands of Ten- of Congress. It is the work of people like commitment and service to congregations nesseans agreed to serve in the War of 1812. Krystal that makes the community of Pueblo throughout Bayonne, Newark, and Elizabeth There are more than 14,000 men and women strong. It is truly an honor to praise Krystal’s area. Ordained on May 30, 1953, Monsignor serving in the Tennessee National Guard hard work, and I wish her the best in her fu- Hajduk first served at the Sacred Heart under the leadership of Tennessee Adjutant ture endeavors. Church in Lyndhurst, New Jersey, where he General Gus Hargett. More than 20,000 addi- f was a parochial vicar for sixteen years. During tional troops are stationed at Fort Campbell his time at Sacred Heart, Monsignor Hajduk Army Base, which straddles the border be- DANIEL ESPINOZA, ‘‘LABOR LEAD- was the assistant director and moderator of tween Tennessee and Kentucky. Fort Camp- ER OF THE YEAR’’ SAN DIEGO- the Catholic Youth Organization of Bergen bell troops, including the 101st Airborne IMPERIAL COUNTIES LABOR County, a teacher at the Immaculate Concep- Screaming Eagles, and Guard members and COUNCIL tion High School, and a professor of Theology reservists from our state have served proudly at Felician College. in Operation Enduring Freedom and Operation HON. BOB FILNER In 1969, Monsignor Hajduk was appointed Iraqi Freedom. OF CALIFORNIA by Archbishop Boland to serve as the youth I am proud to represent Naval Support Ac- IN THE HOUSE OF REPRESENTATIVES director of the Archdiocese of Newark, where tivity Mid-South in Millington, Tennessee. he worked until 1971. The Monsignor then Under the direction of Captain Helen Dunn, Tuesday, June 10, 2003 served as administrator of St. James Church this unit is very important to the operations of Mr. FILNER. Mr. Speaker, I rise to salute in Newark, where he played a vital role in re- the United States Navy. Our district in Ten- Daniel Espinoza on receiving the ‘‘Labor Lead- organizing the parish. In 1979, Monsignor nessee also includes the Milan Army Arsenal, er of the Year’’ Award from the San Diego-Im- Hajduk was named chaplain to Pope John whose facilities help manufacture much of the perial Counties Labor Council, in recognition Paul II and given the title of Reverend Mon- ammunition used by the United States Army. of his outstanding contributions to the working signor. In 1984, Monsignor Hajduk became a Tennessee has many such military and mili- women and men of our community. pastor at St. Hedwig’s Church in Elizabeth, tary-support institutions and is home to more From the age of eighteen, Daniel has par- where he served for twelve years. During his than 500,000 military veterans who have ticipated in and supported organized labor. He service at St. Hedwig’s, Monsignor Hajduk un- served our nation honorably. joined Theatrical Stage Employees, IATSE dertook the task of renovating the interior of Our troops and their families are to be com- Local 122, in 1977 and been an active officer the church. The Monsignor was elected dean mended and thanked for the sacrifices they for the past 16 years. In 1993, Daniel became of the Elizabeth Deanery, and asked by Arch- have made to protect our nation. Please join the youngest elected Business Representative bishop McCarrick to lead a city-wide study of with me, Mr. Speaker, in expressing gratitude in the history of Local #122 and is currently the future of the church in Elizabeth. for employers who have made sacrifices to serving his fifth term. In addition, he serves on Born and raised in Bayonne, Monsignor allow Guard and Reserve troops to leave their the Executive Board for the San Diego-Impe- Hajduk returned to Bayonne in 1992 to serve

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.049 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1199 as pastor of St. Henry’s Church, where he is JOHN D. HULL, ‘‘FRIEND OF THE ferred to as the ‘‘Forgotten War,’’ Mr. Barulli currently serving his second term. At St. LABOR COUNCIL WARD’’, SAN has helped ensure that the memory of these Henry’s, Monsignor Hajduk has helped restore DIEGO-IMPERIAL COUNTIES men will live on forever. and renovate the interior of the church and up- LABOR COUNCIL The Lance Corporal Stanley J. Kopcinski grade some if its facilities. Under his leader- Award is given out each year by the Bayonne ship, the Religious and Youth Center at the HON. BOB FILNER Detachment of the Marine Corps League in Church has grown substantially, and now OF CALIFORNIA memory of Stanley J. Kopcinski, the first Ma- serves over 500 students. IN THE HOUSE OF REPRESENTATIVES rine from Bayonne killed in the Vietnam War. Lance Corporal Kopcinski was well revered by Tuesday, June 10, 2003 Monsignor Hajduk continues to be an active his fellow Marines and was voted ‘‘most likely member of the Bayonne community. He is cur- Mr. FILNER. Mr. Speaker, I rise to salute to receive the Medal of Honor.’’ The award is rently a member of the Bayonne Faith Based John D. Hull on receiving the ‘‘Friend of the presented to those who follow in the spirit of Initiative Advisory Board, serves on the board Labor Council Award’’ from the San Diego-Im- Lance Corporal Kopcinski’s dedication and of directors of the Bayonne Mental Health perial Counties Labor Council, in recognition service. Center, is active in the Bayonne Interfaith of his outstanding contributions to the working A graduate of Bayonne High School, Mr. Council, and was a representative to the Ba- women and men of our community. Barulli is now retired from Barulli’s Deli Gro- John is Vice-President of SBC Communica- yonne Census in 2000. cery, which he owned and ran with his father tions, Inc. in San Diego, overseeing a region until 1980. Larry Barulli and his wife Elizabeth Today I ask my colleagues to join me in that includes San Diego, Orange and Imperial Ann Siwek Barulli will celebrate their 40th honoring Monsignor Edward J. Hajduk for his Counties, and the Inland Empire region of Wedding Anniversary in December, 2003. exceptional service and dedication to the peo- Southern California. Today, I ask my colleagues to join me in Mr. Hull joined Southwestern Bell Telephone ple of New Jersey. honoring Larry Barulli and congratulating him Company in 1974 following his graduation on receiving a well-deserved award. His con- from college. He has held numerous manage- f tinued service to the veterans of Bayonne and ment positions during this career, culminating to the people of Hudson County is an inspira- TRIBUTE TO FRED CORTESE in his appointment as Regional President for tion for us all. the San Diego in May 2001. He represents SBC on the boards of the San Diego Regional HON. SCOTT McINNIS Chamber of Commerce, the San Diego Re- f gional Economic Development Corporation, OF COLORADO TRIBUTE TO SUE PURVIS AND United Way of San Diego County and the TASHA THE SEARCH DOG IN THE HOUSE OF REPRESENTATIVES American Heart Association—San Diego Chapter. Tuesday, June 10, 2003 During his career, John D. Hull has been an HON. SCOTT McINNIS important friend of the hardworking men and Mr. MCINNIS. Mr. Speaker, I would like to OF COLORADO women who are represented by the San take this opportunity to pay tribute to Fred IN THE HOUSE OF REPRESENTATIVES Diego-Imperial Counties Labor Council. I offer Cortese and thank him for his extraordinary my congratulations to him on his receipt of the Tuesday, June 10, 2003 contributions to his community and to his ‘‘Friend of the Labor Council Award.’’ state. As a resident of Pueblo County, Colo- Mr. MCINNIS. Mr. Speaker, I would like to f pay tribute today to a woman and her dog rado, Fred has dedicated himself to helping who willingly give their time to provide assist- his community through his work as a law en- IN HONOOR OF LARRY BARULLI, RECIPIENT OF THE LANCE COR- ance to others. Sue Purvis and her search forcement officer with the Pueblo County dog Tasha of Crested Butte, Colorado volun- Sheriff’s Office. It is with pride that I pay trib- PORAL STANLEY J. KOPCINSKI MEMORIAL AWARD teer to help locate victims of avalanches. In ute to Fred today for the tremendous accom- doing so, they help bring closure to victims’ plishments for which he is being recognized families and perform a public service to their by the Pueblo County Sheriff’s Department HON. ROBERT MENENDEZ community. with the Medal of Valor for saving the lives of OF NEW JERSEY During one week in March of this year, Sue two men, asleep as their home burned around IN THE HOUSE OF REPRESENTATIVES and Tasha were called to the scene of two them. Tuesday, June 10, 2003 avalanches. The first trapped a 33-year-old On February 22nd of this year, Fred and an- Mr. MENENDEZ. Mr. Speaker, I rise today man who had been caught in a slide while other officer, Jonathan Post, arrived at the to honor Larry Barulli, recipient of the Lance snowmobiling. Some 30 rescuers searched unsuccessfully for several hours before calling scene of a house fire. Believing people to be Corporal Stanley J. Kopcinski Memorial in Sue and Tasha. Together, working with an- trapped inside, they entered the burning build- Award. The Bayonne Detachment #191, Ma- rine Corps League honored Mr. Barulli on May other canine search team, they found the ing at great risk to their own lives. Inside, they man’s body within half an hour. found two men asleep, unaware of the immi- 26, 2003, at the VFW hall in Bayonne, New Jersey. A few days later, the pair received a call in- nent danger threatening them. Fred and Jona- Mr. Barulli served with the United States volving another snowmobiler. This time, the than successfully persuaded the two residents Army from 1950 until 1952, and was stationed victim triggered a massive slide 10-feet deep to leave their burning home through a window, with the ‘‘C’’ Company 79th Engineers Bat- and several hundred feet wide. The slide until one of them disregarded orders and reen- talion in Korea from September 1951 until packed so much power that the debris field tered the house, necessitating another dan- September 1952. For the past seven years, was 20 feet deep and contained chunks of gerous rescue. Fred then assisted Jonathan, Larry Barulli has been an active member of snow and ice the size of a van. Despite work- who was suffering from smoke inhalation, out the Korean War Veterans Association of Hud- ing by themselves, Sue and Tasha found the of the building. son County 38th Parallel Chapter. He is cur- man’s body buried in six feet of snow about an hour later. Mr. Speaker, I ask you to join me in recog- rently a member of the Korean War Veterans nizing Fred Cortese upon the receipt of the Association of Hudson County, the Catholic Mr. Speaker, when Sue and Tasha venture off into the Colorado backcountry to search for Medal of Valor from the Pueblo County Sher- War Veterans Assumption Post 1612, and the American Legion—Mackenzie Post 165. victims, they often enter very unstable and iff’s Department. Fred’s courage and selfless- Mr. Barulli played a critical role in estab- dangerous snow conditions. Still, they do so ness serve as an inspiration to the citizens of lishing a monument in memory of the 126 willingly to help bring closure to the victim’s Colorado, his peers and his country. With men Hudson County residents who gave their lives families as quickly as possible. That unselfish like Fred in the Pueblo County Sheriff’s De- in the Korean War. The monument, which sits spirit of neighbor-helping-neighbor is what partment, the citizens of Pueblo County can at the end of Washington Street in Jersey helped make this country great, and I am truly rest assured that their lives are and their City, memorializes 126 men from twelve Hud- honored to have the opportunity to honor Sue neighborhoods are well protected. Congratula- son County communities who lost their lives and her amazing search dog Tasha here be- tions, Fred, and good luck. during the Korean War. As the war often re- fore this body of Congress today.

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A10JN8.054 E11PT1 E1200 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 FY04 DEPARTMENT OF DEFENSE vert precious resources away from the very ety, a look at the 20 most visited websites re- AUTHORIZATION BILL (H.R. 1588) real human investments needed to keep our veals that they are run by the same compa- military, intelligence agencies and domestic nies that own the most popular TV networks HON. BETTY McCOLLUM security agencies strong. At a time when the and newspapers. So Mr. Powell’s argument OF MINNESOTA Federal Government shortchanges our local holds no water. communities and neighborhoods in their IN THE HOUSE OF REPRESENTATIVES Media ownership rules are actually more im- hometown security efforts, it is irresponsible to portant now than they were 50 years ago be- Tuesday, June 10, 2003 be adding billions of dollars to a risky National cause the power and resources of large media Ms. MCCOLLUM. Mr. Speaker, I rise today Missile Defense program. We must strengthen companies have grown exponentially over the in opposition to H.R. 1588, the fiscal year our home security and provide our citizens last fifteen to twenty years. As a result, small- 2004 Defense Authorization bill. While I with the appropriate resources necessary to er, independent companies do not have the strongly believe we must support our armed ensure a terrorist attack never happens again resources to compete with Viacom or servicemen and women around the world, this on American soil. Newscorp. These rules are needed to ensure bill contains several unnecessary provisions Although I oppose H.R. 1588, I am encour- that we don’t lose what’s left of our locally intended to weaken employee protections and aged that the bill provides a significant boost owned media and that we do have access to the environment while authorizing billions of for military salaries, health care, housing al- diverse sources of information. dollars on a national missile defense policy lowances and housing construction opportuni- By lifting these rules, we will lose our inde- that is unproven and untested. It is unfortunate ties. We need to assure our military that as we pendent media watchdog. Americans don’t that these controversial measures were in- continue to support their readiness capabili- want a handful of companies controlling their cluded in such an important piece of legisla- ties, we remember the personal well being of access to information. tion. the men and women in uniform as well as We must now redouble our efforts to pass I agree that the Department of Defense their families. legislation that will ensure a democratic media. (DOD) should have the flexibility to manage When the Conference Report on this bill be- We must not only mobilize members of Con- itself in an efficient manner and provide the tween the House and Senate is addressed in gress but grassroots organizations to send a strongest national defense. This flexibility, the House, we will have another opportunity to message that the exclusion of all other voices however, should not come at the expense of pass a measure that reflects the critical needs except those provided by the media giants is worker’s protections. H.R. 1588 gives the DoD of our military while protecting the civil service not acceptable for our society. broad authority to strip almost 700,000 civilian protections of our employees and our environ- I am very disappointed that Mr. Powell and employees of fundamental rights relating to ment. I look forward to working with my col- his allies on the FCC did not heed the Amer- due process, appeal and collective bargaining leagues on these efforts. ican public’s deep concerns and leave our rights. This means the DoD will be able to fire f media ownership rules intact. employees with no notice and no opportunity to respond, prevent discrimination actions from CONCENTRATION OF OWNERSHIP f being heard by the Equal Employment Oppor- IN MEDIA TRIBUTE TO DON AND KARYL tunity Commission, strip employees of their DIPRINCE right to join a union and repeal the laws pre- SPEECH OF venting nepotism. Civil service employees at DoD have defended our Nation bravely and HON. BARBARA LEE HON. SCOTT McINNIS made enormous sacrifices to support the mili- OF CALIFORNIA OF COLORADO tary effort in Iraq. DOD should not be given IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES unlimited authority to trample on their basic Monday, June 2, 2003 Tuesday, June 10, 2003 rights. H.R. 1588 also unnecessarily weakens long- Ms. LEE. Mr. Speaker, The Federal Com- Mr. MCINNIS. Mr. Speaker, I would like to standing environmental protections at our mili- munications Commission (FCC) decision to take this opportunity to recognize the fifty- tary facilities by lowering the accountability allow for monopolies in media markets rep- seven years of public service Don and Karyl standard DoD must follow when recovering resents a grave day for free speech. It also DiPrince have given to the public schools of imperiled species under the Endangered Spe- represents the defeat of the belief that the La Junta, Colorado. Don and Karyl have made cies Act. The new standard fails to ensure the American people will benefit from a variety of tremendous contributions in the lives of gen- DOD’s conservation plans are actually effec- viewpoints on issues, not the few that will be erations of La Junta’s school children, serving tive in assisting the recovery of imperiled spe- ushered in by the huge media conglomerates. as teachers, mentors, coaches and role mod- cies. H.R. 1588 also creates a far less protec- The Bush Administration and FCC Chair- els. tive definition of ‘harassment’ of marine life by man Michael Powell have bowed to the de- Don comes from a family of teachers and military activities under the Marine Mammal mands of giant media companies. These com- wanted to continue his family’s tradition of Protection Act. This new definition allows DoD panies, in effect, claimed that they needed an- helping youth, whereas Karyl decided to be- to avoid ensuring its activities are conducted other government handout to remain ‘‘viable,’’ come a teacher because of her love of chil- in a manner to minimize harm to marine life even though they have already been absorb- dren. While Karyl has spent the majority of her such as whales, dolphins and sea lions. ing television stations and newspapers. career teaching fourth and fifth grades at West Although I fully appreciate the importance of With this ruling, the Administration has also School, Don has spent many years teaching military training and readiness, the DOD has indicated that it is not interested in preserving physical education and coaching baseball, not made the case that exemptions to impor- multiple media voices and opinions in the basketball and football at the high school tant and long-standing environmental laws are electronic and print media industries. The old level. La Junta’s children have benefited im- necessary or that training is greatly impaired FCC rules protected the participation of minor- mensely from Don and Karyl’s efforts both in because of those laws. Furthermore, the ity-owned media outlets. In fact, with minorities and out of the classroom. Don and Karyl have President already has the authority to waive owning only 3.8 percent of United States com- shaped both the minds and the bodies of our environmental laws if he deems it a matter of mercial radio and television stations, including children and we could not have entrusted this national security, and not once has a waiver 1.9 percent of the country’s commercial tele- important responsibility to a more dedicated requested by the President been turned down. vision licenses, we need more protection, not and beloved pair of public servants. Until our national security is at stake, no gov- less. Yet under the new rules, these minority- Mr. Speaker, it is with deep respect for Don ernment agency—including the DOD—should owned media outlets will be squeezed out by and Karyl that I congratulate them before this be above laws that preserve our air and water media conglomerates. body of Congress and this nation upon their and sustain America’s wildlife. Mr. Powell also argued that new modes of retirement from La Junta public school system. This measure also authorizes $9.1 billion for communication, like the Internet and digital They have dedicated over half a century of the unproven and untested National Missile TV, reduce the need for these rules. Yet, tele- their lives to the advancement of Colorado’s Defense system. This costly program fails to vision and newspapers remain the public’s youth and their influence will not be forgotten. address the rising threat of a chemical or bio- main sources of information. And while the Don and Karyl, thank you and good luck to logical weapons attack by terrorists and will di- Internet has certainly revolutionized our soci- you in all of your future endeavors.

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A10JN8.059 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1201 INTRODUCTION OF A BILL TO TRIBUTE TO DR. CHARLES fecting the future of the region including edu- AMEND THE ORGANIC ACT OF NATHANSON cation, business, transportation, and housing. GUAM FOR THE PURPOSES OF Typically, he had become a member of the CLARIFYING THE LOCAL JUDI- HON. SUSAN A. DAVIS advisory group for one of San Diego’s newest CIAL STRUCTURE OF GUAM OF CALIFORNIA projects, development of the Immigrant Mu- IN THE HOUSE OF REPRESENTATIVES seum of the New Americas. San Diego and Baja California have been HON. MADELEINE Z. BORDALLO Tuesday, June 10, 2003 uniquely served by this determined visionary. OF GUAM Mrs. DAVIS of California. Mr. Speaker, I rise Chuck Nathanson has left an indelible heritage IN THE HOUSE OF REPRESENTATIVES to commemorate the life of a valuable San for our region. Diego leader, Dr. Charles Nathanson. He was f Tuesday, June 10, 2003 a unique individual because he developed the Ms. BORDALLO. Mr. Speaker, today I am capacity to create dialogue among important TRIBUTE TO JONATHAN POST introducing legislation to amend the Organic leaders of differing views on the critical issues Act of Guam to establish the Guam Judiciary of our region. HON. SCOTT McINNIS as the third, co-equal and independent branch Chuck was valued not only by a host of San OF COLORADO of the Government of Guam. My bill also clari- Diego’s leading citizens but also by those in IN THE HOUSE OF REPRESENTATIVES Baja California and our metropolitan partner fies that the Supreme Court of Guam shall Tuesday, June 10, 2003 have authority over all inferior courts in the Tijuana. Guam Judiciary. At the University of California San Diego in Mr. MCINNIS. Mr. Speaker, I would like to Currently, the Guam Legislature and the 1991, Chuck founded the San Diego Dialogue, take this opportunity to pay tribute to Jonathan Guam Executive Branch have the power to which brought over 150 regional leaders to- Post from Colorado’s Pueblo County Sheriff’s abolish the Supreme Court of Guam, and as gether on a frequent basis for panel discus- Department. Jonathan was recently recog- such, may infringe upon the Judiciary’s inde- sions on the challenges to our community. He nized with his department’s Medal of Valor. Al- pendence. This unequal balance of power was fostered the binational Forum Fronterizo though he has worked with the Department created by the 1984 Omnibus Territories Act Council, which held well-attended bilingual only a short time, he has already served with which authorized the creation of an appellate luncheon meetings to hear distinguished great distinction and I would like to acknowl- court on Guam; however, this statute uninten- speakers from both sides of the border. edge Jonathan’s service before this body of tionally left the newly created court subordi- Baja California Governor Eugenio Elorduy Congress and this nation. nate to the powers of the Legislature and the Walther, co-Chairman of the Forum Fronterizo In February of this year, Jonathan arrived at Executive. My bill to amend the Organic Act of Council, quoted in a local newspaper obituary, the scene of a fire where two men were Guam remedies this unacceptable situation by recognized Dr. Nathanson as ‘‘the spark plug’’ trapped inside. Although the structure was in making the Supreme Court of Guam an ‘‘Or- of San Diego Dialogue as its Executive Direc- danger of collapse, Jonathan entered the ganic’’ court equal in stature to the other tor. building to save the two men alongside his fel- branches of government and providing the President of San Diego State University, low officer, Fred Cortese. Unfortunately, the Guam Judiciary the same protection as the Stephen Weber, also noted, ‘‘He understood men that Jonathan and Fred were attempting other branches have in their status under the we can never be separated from our friends to rescue were not initially cooperative, being Organic Act of Guam. Just as the Governor and neighbors in Mexico . . .’’ unaware of the imminent danger they faced. cannot disband the Legislature, and the Legis- While his work building human bridges Even after successfully getting the men to lature cannot abolish the Executive, so too across our international border was his best safety through a window exit, it became nec- should the Judiciary be free from the threat of known focus, he also volunteered his skills to essary for Jonathan and Fred to rescue one of abolishment by the Legislative or Executive create dialogue between the opposing sides the men a second time when he disregarded branches if their judicial decisions come under on San Diego issues and gave endless per- their orders and rushed back into his burning political fire. The Guam Judiciary needs to be sonal energy to resolve differences. He home. insulated from the possibility of political inter- formed a distinguished panel of city leaders, Mr. Speaker, it is dedicated men and ference by the Legislative and Executive leading educators, and legislators to develop a women like Jonathan that work selflessly to branches, and the balance of power among common understanding of the critical issues protect our rights and freedoms. I would like to these branches needs to be restored and pro- we faced locally in education. draw attention to the further service he has As both a journalist and a professor of Soci- tected. shown to our country as a Marine Reservist ology, Chuck understood the importance of serving in Operation Iraqi Freedom. I extend This bill has received strong support from facts and of making those results part of pub- my gratitude to Jonathan for the heroism he the Supreme Court of Guam, the Guam Bar lic discussion. Realizing that basic information has shown and for the great services he has Association, along with various members of was critical to good educational decisions, he performed for Colorado and for this Nation. the Guam Legislature, including Speaker found the resources to have his staff under- f Vicente (Ben) C. Pangelinan. In addition, Sen- take an important study of how minority par- ator F. Randall Cunliffe, Chairman of the Com- ents interact within their school community. RECOGNIZING OF EVELYN H. mittee on Judiciary and Transportation in the I particularly appreciate that Dr. Nathanson LAUDER 27th Guam Legislature, fully supports this bill. sponsored a study of the reasons people The bill I am introducing today is in the cross the border into San Diego. It showed HON. CAROLYN B. MALONEY same form as reported out by the Committee that many people repeatedly enter San Diego OF NEW YORK on Resources in the 107th Congress. This bill for education and shopping, and this led to the IN THE HOUSE OF REPRESENTATIVES has evolved since it was first introduced in the development of a fast-track, electronic inspec- Tuesday, June 10, 2003 105th Congress by former Congressman Rob- tion lane called SENTRI. Indeed, I am cur- ert Underwood, my predecessor, as the Guam rently working on legislation to expedite ac- Mrs. MALONEY. Mr. Speaker, I rise to pay Judicial Empowerment Act, and in its current cess to this successful program. tribute to Evelyn Lauder, who will be pre- form, this bill reflects improvements suggested He was hailed in the local press by Robert sented tonight with The Alice Award by the by the U.S. District Court of Guam and the Dynes, the Chancellor of the University of Sewall Belmont House and Museum. As Committee. California San Diego, as serving ‘‘town and founder and chairman of The Breast Cancer I urge my colleagues to support this bill to gown superbly as strategist, ambassador, ac- Research Foundation, Mrs. Lauder has de- amend the Organic Act of Guam in recognition tivist and taskmaster.’’ voted her life to the fight against breast can- of the importance of having a strong Judiciary Born in Detroit August 22, 1941, Charles E. cer. She is a shining example of how much and in furtherance of Guam’s efforts to Nathanson graduated from Harvard and one individual with unrelenting passion can ac- achieve the greatest amount of self-govern- worked as a journalist and manager of a chain complish. ance possible. I look forward to working with of weeklies before earning a doctorate in soci- A woman of boundless compassion and the leadership on this issue, and I hope that ology at Brandeis University. generosity towards others, Mrs. Lauder has this legislation would be reported expeditiously The broad spectrum of his interests included touched countless lives through her efforts in to the House by the Committee on Resources serving on a number of cultural and civic leading The Breast Cancer Research Founda- for consideration on the floor. boards addressing the breadth of issues af- tion. She has spearheaded the growth of what

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.063 E11PT1 E1202 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 is today the largest national organization dedi- on active duty service or are veterans. The zalez on the occasion of their fortieth wedding cated exclusively to funding exceptional re- children of our working families, especially anniversary. search relating to the causes, treatment, and those of our armed services, deserve our Both Georgina and Luis Gonzalez were possible prevention of breast cancer. Since greatest support. born in Havana, Cuba. Mrs. Gonzalez came to 1993, the Foundation has raised $70 million There are approximately 16,500 military the United States in 1947 to enter into reli- for research funding that has fueled some of families with children at Fort Bliss in my dis- gious study. She graduated from the College the most innovative work on breast cancer in trict. Anxiously awaiting news about the status of New Rochelle in New York, a college rich the country. of the members of the 507th Maintenance with Ursuline heritage. After completing her In October of 2002, the Foundation awarded Company in late March, these families under- education, Georgina realized she had fallen in an outstanding $11.7 million to 63 researchers stand, more than most, what it means to sac- love with her new country and decided to stay at 41 leading institutions in the United States rifice for our nation. These are the families of to make a life in the United States. Although and abroad. Originally conferring eight re- the brave men and women who fight to defend she dated Luis in her youth in Cuba, her de- search grants in its founding year, the Foun- our freedoms, and they certainly do not determination to live the American dream and dation is now able to award grants of approxi- serve to be left out of this tax cut. I urge my Luis’s plans to stay in Cuba made marriage an mately $250,000 to each of their research in- colleagues to pass legislation immediately to unlikely scenario. stitutions. The core of the Foundation’s mis- extend the child tax credit to families making Luis Gonzalez attended the University of sion is to direct a minimum of 85 cents of between $10,500 and $26,625 a year. Let us Havana in 1945, the same year Fidel Castro each dollar donated to the purpose of clinical send a message to our hard-working families entered the university. Like so many Cuban and genetic research on breast cancer. that they count too and that we recognize their patriots and students during the politically tur- Breast cancer is an issue that affects both efforts. bulent and corrupt years of General Fulgencio men and women of all walks of life. Mrs. It is my sincere hope that we can work to- Batista, Luis fought for a more democratic and Lauder’s inspired leadership is the driving gether to provide our hard-working families independent nation. As is known from history, force behind the Foundation’s many gains in with a fair and equitable child tax credit. the dictatorship of Batista was followed by the the treatment and prevention of this disease. f dictatorship of Fidel Castro. Her remarkable vision led her to establish the Facing political persecution, Luis fled Cuba Pink Ribbon as the now globally recognized TRIBUTE TO RICK ORESKEY in December 1960 to begin his new life in symbol of breast health, putting breast cancer America. Finally, Georgina and Luis found awareness at the forefront of public attention. HON. SCOTT McINNIS themselves in the same country and in love. Mr. and Mrs. Gonzalez married on June 10, Mrs. Lauder has every expectation that we OF COLORADO 1963 in Westphalia, Missouri. Monsignor Kutz will achieve the goal of ‘‘prevention and a cure IN THE HOUSE OF REPRESENTATIVES in our lifetime.’’ With boundless enthusiasm performed the wedding ceremony. After they Tuesday, June 10, 2003 and extraordinary dedication, she has made it married, Georgina left her job on Wall Street possible for top notch research and diagnosis Mr. MCINNIS. Mr. Speaker, it is with pro- to join her new husband in Houston where he to be done all over the country. One prime ex- found pleasure today that I pay tribute to was employed with Dow Chemical. They set- ample is located in my district, the first of its Commander Rick Oreskey of the Pueblo tled in Houston’s Sharpstown area and began kind, the comprehensive breast and diagnostic County Sheriff’s Department, who has recently a family. center at Memorial Sloan-Kettering Cancer been honored by the Department with its In addition to raising three children, Center, which Mrs. Lauder was instrumental in Medal of Valor. In his many years of dedica- Georgina enjoyed a successful career with creating. Mrs. Lauder was recently recognized tion to the police force and to the Pueblo com- Prudential Insurance Company of America. by Rockefeller University with the Brooke munity, Rick has embodied the ideals of integ- She became the first woman in the nation to Astor Award for Outstanding Contributions to rity and courage that make Coloradans and all lead the company in insurance sales. Luis the Advancement of Science for her incom- Americans proud of their police men and joined Georgina at Prudential in 1967 where parable role in creating the center as well as women. I am proud to pay tribute to Rick for they worked together to build a strong family for the compassion and generosity with which his contributions to his community, his state insurance business. Georgina and Luis Gonzalez are true re- she leads the Foundation in the fight against and his country. minders of the power and promise of the breast cancer. Rick has served with distinction for many American dream. The couple immigrated to In recognition of these outstanding achieve- years, having previously earned the Silver Star this country, raised three loving children, and ments, I ask my colleagues to join me in hon- of the American Law Enforcement Association built a strong, flourishing business. Together oring Evelyn H. Lauder for her indomitable for saving the lives of two police detectives. with their children, John Michael, Ana Maria spirit and tenacity in leading The Breast Can- This incident occurred in 1977 when a man, and Luis Gaston and grandchildren, Carolina cer Research Foundation to fund the research disregarding orders to drop his gun, instead Andrea Wood, William Alexander Wood, and that will conquer breast cancer. aimed it at the two police detectives attempt- Gabriella Grace Gonzalez, I congratulate f ing to apprehend him. Rick acted swiftly and professionally to protect the lives of the two Georgina and Luis Gonzalez on their fortieth STATEMENT ON CHILD TAX detectives. wedding anniversary. CREDIT Mr. Speaker, Commander Rick Oreskey is a f law enforcement officer of exemplary courage BATTALION CHIEF HAL CHASE HON. SILVESTRE REYES and commitment to his community. He has OF TEXAS made Pueblo County a happier place to live HON. MICHAEL M. HONDA IN THE HOUSE OF REPRESENTATIVES and a safer community. It is Rick’s unrelenting OF CALIFORNIA commitment to his community as well as his Tuesday, June 10, 2003 IN THE HOUSE OF REPRESENTATIVES spirit of courage and integrity that I wish to Mr. REYES. Mr. Speaker, I wish to express bring to the attention of this body of Congress. Tuesday, June 10, 2003 my deep disappointment with the tax bill re- It is my privilege to extend to Rick my heartfelt Mr. HONDA. Mr. Speaker, I rise today to cently signed into law by the President. While congratulations on his being honored with the honor the contributions and achievements of providing approximately $350 billion in tax Medal of Valor. Battalion Chief Hal Chase on his retirement cuts, this law neglects many of our hard-work- f from the Santa Clara County Fire Department. ing, low-income families. At the same time that Chief Chase has dedicated over thirty years to the bill provides tax cuts of $93,500 to the RECOGNIZING GEORGINA SUAREZ the community and fire department of Santa 200,000 taxpayers making over $1 million in GONZALEZ AND LUIS L. GONZALEZ Clara County. our country, this bill leaves behind 8 million Chief Chase lives in Los Gatos, California, children by denying their families full access to HON. CHRIS BELL with his lovely wife, Karen, and three beautiful the child tax credit. OF TEXAS children, Brian, Christine, and Michael. He met This law fails to apply the child tax credit to IN THE HOUSE OF REPRESENTATIVES his wife while serving as the President of the some of America’s neediest families—those International Association of Fire Fighters Local earning between $10,500 and $26,625 per Tuesday, June 10, 2003 1165, during which he worked diligently to in- year. Of the 8 million children left behind in Mr. BELL. Mr. Speaker, I rise to honor crease benefits and improve working condi- this tax law, 1 million live with parents who are Georgina Suarez Gonzalez and Luis L. Gon- tions for his fellow fire fighters. Currently,

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.066 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1203 Chief Chase oversees Battalion 3 of the Santa make America great, and I am proud to re- As congressman, he endeared himself to Clara County Fire Department, consisting of count her impressive story here today. the people who elected him. If folks in the seven stations and their heroic crews. f Fifth District revered Dick Richards and ad- Affectionately referred to as ‘‘The Senator’’ mired Bob Hemphill, they loved Tom Gettys. by his peers, Chief Chase has served as the HONORING MCLEAN COUNTY, ILLI- They loved him because he had an easy- Program Facilitator for the Hazardous Mate- NOIS AS A COMMUNITY OF EX- going affinity for all sorts of people, and be- rials Program. He is a member of the Cali- CELLENCE cause he put his constituents first and worked fornia State FIRESCOPE Task Force. In addi- hard for them, and they knew it. tion, Hal manages the Department’s Response HON. JERRY WELLER When he was at the top of his form, Tom Map Program, Hose Program, and Hydrant OF ILLINOIS Gettys retired. He had the good grace not to Testing Program. IN THE HOUSE OF REPRESENTATIVES hang on in Washington to capitalize on his re- With these awesome responsibilities, it is a Tuesday, June 10, 2003 lationships, but instead came back to Rock wonder how Chief Chase can reserve time for Mr. WELLER. I rise today to congratulate Hill, hung out his shingle and practiced law. other commitments. But his contributions to McLean County, Illinois, recipient of the 2003 As a young lawyer, I used to run into him his community are just as extensive. Chief Communities Can! Community of Excellence checking titles with the rest of us in the clerk Chase is committed to the high school anti- Award. Communities Can! is a program initi- of court’s office. This was the self-deprecating drinking campaign, ‘‘Every 15 Minutes.’’ ated by the Department of Health and Human side of the man that people appreciated. He Through his tireless efforts, much needed fire Services, coordinated by the Georgetown Uni- took his work seriously, but never himself. I saw this side of Tom Gettys when I was equipment was donated to Mexico, including versity Center for Child and Human Develop- in Washington in the 1970s and walked with coats, hats, and even fire engines. Hal is also ment. a strong supporter of the Democratic Party. The Community of Excellence Award is pre- him to the House floor. Tom knew the capitol On occasion, Chief Chase has been known sented to only four communities each year for police, the elevator operators, the door- to forego his fire fighting skills to purposely demonstrating their ability to efficiently collabo- keepers, all by first name. He told me later starting them, in the kitchen. He has applied rate and utilize resources provided by public that having been a staffer, he knew who ran his passion for cooking for not only the pleas- and private programs for supporting young the House. ure of his crew, but also for charity. Along with children and their families. McLean County I got an even better insight when Tom vis- the raised monies, raffled dinners at the fire- has successfully tailored these complex pro- ited me soon after I was elected. I begged him house have promoted stronger relations with grams to meet their specific needs. to sit and talk, but could tell he had something the community. McLean County, a community of 154,000 else on his mind, and soon found out what it Mr. Speaker, I commend Battalion Chief Hal people located in Central Illinois, received this was. He wanted to go downstairs to the Long- Chase for his magnanimous dedication to the honor for their innovation, flexibility, and the worth Cafeteria and speak to Odessa. Odessa community and fire department of Santa Clara broad range of service and support they pro- ran the breakfast line, and was a spirited soul, County. Although we celebrate his retirement, vide. Their approach is to identify the needs of full of chatter and advice, which she dished I know Chief Chase will continue serving families in the community, match those needs out freely while you decided how you wanted Santa Clara, even if only out of the kitchen. with appropriate service, and do so in a cost your eggs. Tom seldom came to Capitol Hill f effective manner, which has produced great without visiting Odessa. results. Tom Gettys belonged to the old school, to PAYING TRIBUTE TO BETTY the era before pollsters, spin-masters, and 30- PFISTER I am proud to represent McLean County, Illi- nois, and commend her citizens of for their second spots, and he often told me, it was a hard work and the success it yielded, leading good thing. He enjoyed introducing me as the HON. SCOTT McINNIS to their receiving the Community of Excellence ‘‘second-best looking congressman to rep- OF COLORADO award. I look forward to working with them as resent the 5th District.’’ I enjoyed telling him, IN THE HOUSE OF REPRESENTATIVES they enjoy future success, hopefully leading ‘‘Tom, if good looks had anything to do with Tuesday, June 10, 2003 other communities to adopt the creative, effec- being elected to this office, you would have lost to Bate Harvey in 1964.’’ He was not Mr. McINNIS. Mr. Speaker, I am honored to tive service to needy families that our Nation needs to meet the challenges ahead. some political artifact, crafted to win elections. pay tribute today to a pioneer in the field of He was the genuine article—of the people, by f aviation. Betty Pfister of Aspen, Colorado has the people, for the people. When many of his been named by Women in Aviation Inter- INFORMING THE HOUSE OF THE conservative colleagues voted against Medi- national as one of the 100 Most Influential DEATH OF FORMER U.S. REP- care, Tom Gettys stood with his people. He Women in aviation history. Betsy joins well- RESENTATIVE TOM GETTYS voted for it, and was proud of it. known figures Amelia Earhart and Sally Ride, If he were to give his own farewell, he on the list, and it is easy to see why—her ac- HON. JOHN M. SPRATT, JR. would tell us that marrying Mary Phillips White complishments are truly impressive. OF SOUTH CAROLINA surpassed all of his achievements, and Julia Sally began flying while in high school and IN THE HOUSE OF REPRESENTATIVES and Beth were their crowning glory. He was a served as a Woman’s Air Service Pilot doting grandparent and used to say that if he Tuesday, June 10, 2003 (WASP) during World War II. WASPs piloted had the chance to come back after dying, he planes around the country to help free-up men Mr. SPRATT. Mr. Speaker, I have the sad would want come back as one of his grand- to fly combat missions in Europe and Asia. duty of informing the House of the death of children. After the war, Sally worked as both a pilot and Tom S. Gettys, who served in the House of Those of us who learned from Tom Gettys flight attendant, getting in plenty of flying on Representatives from 1964 to 1974, rep- and looked up to him will miss him. We will her own time as well. resenting the Fifth District of South Carolina, miss the wisdom he shared with us, and the In 1950 and 1952 Sally won international air and served even longer as administrative as- stories that never grew old. He exemplified races, and in 1973 and 1978 she piloted for sistant to Rep. James P. Richards. what life in a democracy is about. He earned the United States in the World Helicopter On Sunday, Tom Gettys and his wife, Mary the satisfaction every public servant wants: he Championships. Sally also piloted balloons, Phillips, went a last time together to the First left his country better than he found it. founded the Pitkin County Air Rescue, and ARP Church in Rock Hill, South Carolina. On f created scholarships to enable flight instruc- Sunday evening, he slipped quietly away, tion among high school age children. One of dying in the town he loved, where he had HONORING LADISLAV COLIN her former planes, a World War fighter she spent his life, much of it serving the people. ‘‘POPS’’ BAUER named ‘‘Galloping Gertie,’’ is on display at the The term ‘‘public servant’’ is often mis- Smithsonian’s Air And Space Museum. applied, but in the case of Tom Gettys, it is a HON. SCOTT McINNIS Mr. Speaker, Betty is more than a talented perfect fit. He was a school principal and OF COLORADO and versatile pilot. She is a leader who, coach; right-hand aide to a high-ranking con- IN THE HOUSE OF REPRESENTATIVES through her remarkable success, helped moti- gressman; a naval officer who volunteered for vate and inspire future generations of young duty and served in the Pacific; a postmaster; Tuesday, June 10, 2003 male and female pilots alike. Betty embodies a night-school, self-taught lawyer; and for ten Mr. MCINNIS. Mr. Speaker, I stand before the competence and can-do spirit that helped years, a Member of Congress. the nation and this Congress with a heavy

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.070 E11PT1 E1204 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 heart, as the communities of Alamosa, Colo- resentatives will only be temporary. However, COMMEMORATING THE 25TH ANNI- rado and Adams State College have lost a tre- Mr. Speaker, the laws passed by these ‘‘tem- VERSARY OF THE PASSAGE OF mendous human being. Ladislav Colin ‘‘Pops’’ porary’’ representatives will be permanent. PROPOSITION 13 Bauer is nothing short of a legend in Alamosa, I would remind my colleagues that this particularly to the Adams State College cross- country has faced the possibility of threats to HON. DOUG OSE country team, where he served as a source of OF CALIFORNIA employment and motivation to numerous stu- the continuity of this body several times IN THE HOUSE OF REPRESENTATIVES throughout our history, yet no one suggested dent athletes. Tuesday, June 10, 2003 ‘‘Pops,’’ as the students affectionately knew removing the people’s right vote for members him, was the owner of the legendary Campus of Congress. For example, the British in the Mr. OSE. Mr. Speaker, twenty-five years ago, on June 6, 1978, California voters made Cafe´. This small restaurant served as a way War of 1812 attacked the city of Washington, for Colin to provide jobs to the school’s stu- history when they passed Proposition 13. yet nobody suggested the states could not ad- Millions of Californians can still remember dent athletes, enabling them to earn a little dress the lack of a quorum in the House of the condition of our state in 1978, and the irre- extra money between classes and practice. It Representatives though elections. During the sponsible government actions that moved peo- was here that Colin displayed incredible heart, Civil War, the neighboring state of Virginia, ple to create a new and better way. Sky- and he was the type of guy that just kept on where today many Capitol Hill staffers and rocketing property taxes literally drove people giving. When one of the Adams State runners members reside, was actively involved in hos- from their homes, and a similar fate would could not find a sponsor to send him to the surely have been visited on thousands more. Olympic trials, it was Colin and the Campus tilities against the United States Government, yet Abraham Lincoln never suggested that Many complained, but few in Sacramento Cafe´ who stepped forward with the money. heeded their plight, and this sparked the cit- non-elected persons serve in the House. This is just one example of the kindness and izen movement that swept our state and dem- dedication that Colin displayed toward the Forty-two years ago, Americans wrestled with onstrated the best traditions of direct democ- Adams State Cross Country team. a hostile superpower that had placed nuclear racy. Mr. Speaker, I am saddened by the loss of weapons just 90 miles off the Florida coast, The landslide vote that approved the initia- such a kind and caring individual. However, I yet no one suggested we consider taking tive validated what Howard Jarvis himself said am inspired to know that men like Ladislav away the people’s right to elect their rep- at the time: Californians from all regions of the Colin ‘‘Pops’’ Bauer were able to have an im- resentatives in order to ensure ‘‘continuity of state believed the time had come for serious pact on America’s youth. It is Colin’s heart, government!’’ reform, and they could simply wait no longer. modesty, and loyalty to the students of Adams Proposition 13 was a voter-approved pro- State that garnered him respect, and it is for I have no doubt that the people of the states posal that cut California’s property taxes by 30 those very qualities that he has earned my re- are quite competent to hold elections in a percent and then limited future increases. spect here today. timely fashion. After all, isn’t it in each state’s Other opponents of high taxes used Propo- f interest to ensure it has adequate elected rep- sition 13 as a model that led many additional states to institute similar reforms. Almost all of ESTABLISHING JOINT COMMITTEE resentation in Washington as soon as possible? Mr. Speaker, there are those who say these reforms are still in effect today. TO REVIEW HOUSE AND SENATE The passage of Proposition 13 has resulted that the power of appointment is necessary in MATTERS ASSURING CON- in a reduction in property taxes of approxi- TINUING REPRESENTATION AND order to preserve checks and balances and mately 57 percent in California. It has been an CONGRESSIONAL OPERATIONS thus prevent an abuse of executive power. Of indispensable element in the way that our FOR THE AMERICAN PEOPLE course, I agree that it is very important to state moved forward to outperform the rest of carefully guard our constitutional liberties in the country in personal income growth, em- SPEECH OF times of crisis, and that an over-centralization ployment growth, and appreciation of real HON. RON PAUL of power in the Executive Branch is one of the property values. OF TEXAS most serious dangers to that liberty. However, As we again face tough financial decisions IN THE HOUSE OF REPRESENTATIVES I would ask my colleagues who is more likely and rising tax burdens, I am encouraged when I recall 1978, a time when Californians seized to guard the people’s liberties, representatives Thursday, June 5, 2003 control of their own fate and reformed a run- Mr. PAUL. Mr. Speaker, while may seem chosen by, and accountable to, the people, or away tax system. I hope Californians and all reasonable to establish a Joint Committee on representatives hand-picked by the executive Americans will remember on this day that we the Continuity of Congress, I wish to bring to of their state? can control our government and our own des- my colleagues’ attention my concerns relative Finally, Mr. Speaker, I wish to question the tinies. to certain proposals regarding continuity of rush under which this bill is being brought to f government, which would fundamentally alter the floor. Until this morning, most members the structure of our government in a way detri- HONORING BILL HARDING had no idea this bill would be considered mental to republican liberty. In particular, I hope this Committee does not today! The rules committee began its mark-up HON. SCOTT McINNIS endorse the proposal contained in ‘‘Preserving of the bill at 9:15 last night and by 9:31 the re- OF COLORADO our Institutions, The Continuity of Government port was filed and the bill placed on the House IN THE HOUSE OF REPRESENTATIVES Commission’’ which recommends that state Calendar. Then, after Congress had finished Tuesday, June 10, 2003 legislative business for the day and with only governors appoint new representatives. Ap- Mr. MCINNIS. Mr. Speaker, I am honored to pointing representatives flies in the face of the a handful of members on the floor, unanimous stand before this body of Congress to recog- Founders’ intention that the House of Rep- consent was obtained to consider this bill nize a man who has served as a chief and resentatives be the part of the federal govern- today. mentor for many of Colorado’s brave young ment most directly accountable to the people. It is always disturbing when bills dealing firefighters. Bill Harding of Glenwood Springs, Even with the direct election of Senators, the with important subjects are rushed through the Colorado, will be leaving the Glenwood fact that members of the House are elected Springs Fire Department soon to pursue his House before members have adequate time to every two years while Senators run for state- career as the Fire Marshal for the Basalt and wide office every six years, means members consider all the implications of the measure. I Rural Fire Department. of the House of Representatives are still more hope this does not set a precedent for shutting In his 19 years of service in Glenwood accountable to the people than any other part members of Congress out of the debate on Springs, Bill has been instrumental in stopping of the federal government. this important issue. fires such as Storm King, and Coal Seam Fire. Therefore, any action that abridges the peo- In conclusion, Mr. Speaker, while there is no His knowledge, hard work and expertise have ple’s constitutional authority to elect members harm in considering ideas for continuity of allowed him to occupy a variety of positions, of the House of Representatives abridges the such as battalion chief, training captain, EMT, Congress, I hope my colleagues will reject any people’s ability to control their government. and fire inspector. Supporters of this plan claim that the appoint- proposal that takes away the people’s right to However, if you ask his co-workers, it is not ment power will be necessary in the event of elect their representatives in this chamber. Bill’s knowledge that makes him a great fire- an emergency and that the appointed rep- fighter. What makes him stand out is his ability

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.074 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1205 to teach others. Bill has been instrumental in provide an excellent model to follow. The com- more progress every day. Consideration the training and development of firefighters all mission is made up of 27 distinguished individ- should be given to providing the officer in over Colorado. He was never too busy to help uals with extensive experience in government, charge of each of the 18 provinces in Iraq with a firefighter who wanted to learn and his pas- the military, non-governmental organizations access to a ready cash account—perhaps up sion and determination brought out the best in and international aid groups. It met throughout to $500,000—so they can more quickly hire everyone. 2002 to ‘‘consider recommendations that sur- translators, laborers and other locals to assist Mr. Speaker, I am proud to stand before this faced over two years of research, expert work- in their efforts in putting together a govern- Congress and this nation to pay tribute to ing groups, and vetting with current policy- ment without having to get every expenditure Chief Bill Harding. Bill’s diligence, hard work, makers and practitioners.’’ The report can be signed off by headquarters or Washington. and positive attitude have helped develop a found on the Internet at http:// The money also could be used to purchase group of well-trained, hard-working individuals www.pcrproject.org goods and services in-country, such as gen- who protect our cities, homes, and families. Commission Visits: a select group of the erators, pumps or even a trash truck, on a Thank you, Bill, for your years of outstanding Commission on Post Conflict Reconstruction more timely basis rather than waiting for it to service. should travel to Iraq. be brought in by coalition forces. f The panel’s co-chairmen, Dr. John Hamre, Government on any level needs money to former deputy secretary of defense, and Gen. operate. Clearly, this money must be ac- RECOMMENDATIONS FROM TRIP Gordon Sullivan, former chief of staff of the counted for, but it would greatly assist in the REPORT ON VISIT TO IRAQ U.S. Army, should appoint a select number of efforts to rebuild the country. commissioners to travel to Iraq to assess how Civilian Expertise: consideration also should HON. FRANK R. WOLF the reconstruction efforts are going. Their as- be given to helping augment the work of the OF VIRGINIA sessment, a second opinion, if you will, would Civil Affairs detachments by bringing in U.S. IN THE HOUSE OF REPRESENTATIVES be impartial and could prove to be invaluable. civilians with expertise in local government, Tuesday, June 10, 2003 They should travel in a small group with a mili- such as county administrators and city man- tary escort to ensure their safety. agers, as well as experts in agriculture and Mr. WOLF. Mr. Speaker, I recently shared Congressional Oversight: small groups of with our colleagues observations following my public works. In each of the 18 provinces, the members of Congress should make the trip to head of each military Civil Affairs detachment recent two-day trip to southern Iraq. I was Iraq. They should go without publicity to en- there Sunday, May 25, and Monday, May 26. acts like a governor. They need experts— sure their safety and the safety of those who much like a cabinet—at their disposal who can I also spent a day, Tuesday, May 27, in Ku- would be providing protection. Their visit to wait, where I met with Kuwaiti government offi- advise them on issues like banking, education, learn more about what is happening in the public works and health care. cials, members of the U.S. military, State De- country and what it is going to take to rebuild For example, the National Association of partment officials and staff from the U.S. the country would be helpful in their oversight County Administrators could assist in rotating Agency for International Development responsibility in Congress. The chairmen and in civilian administrators to work with the mili- (USAID). ranking Members—or their designees—of the tary and local Iraqis in setting up and running Today I want to share with our colleagues a House and Senate Armed Services commit- local governments. There could be one for number of recommendations concerning the tees, Appropriations committees and Inter- each of the 18 provinces. Some of the leading reconstruction of Iraq. national Relations/Foreign Relations commit- agriculture companies in the country could Recommendations: these recommendations tees should consider going. lend their expertise on irrigation and produc- are based on my observations and conversa- In addition to meeting with military com- tion. The head of the public works department tions with the people I met during the course manders, the members should meet with Am- in any large county or city in the country would of my visit. Some were discussed in greater bassador Bremer and other officials in the Of- bring an inordinate amount of experience to detail in the observations section of my trip re- fice of Reconstruction and Humanitarian As- the table. There also is a great deal of exper- port. sistance (ORHA), USAID officials, representa- tise in the Federal Government which can be Security: security is priority one. While the tives from the NGO community and other tapped. Again, these individuals would work coalition forces have made great strides in try- international organizations, and Iraqi citizens. ing to improve security in recent weeks, there Partnering with Iraqi People: every effort hand-in-hand with the military and the locals. is still a long way to go. Security is the must be made to involve the Iraqi people in Post-Combat Skills: the U.S. military has to linchpin to winning the peace in Iraq. That rebuilding their country, from governance to begin thinking about training more of its sol- means security for coalition forces. Security security to repairing the country’s infrastruc- diers for a postcombat environment to help fill for the NGOs. Security for the contractors. ture. The Iraqi people must be an equal part- any void until the necessary Civil Affairs and And security for the Iraqi people so they can ner in the process. Military Police units can be put in place. I real- go about their life. The gun turn-back program ‘‘Play to Win’’ is instructive on this point: ize this is asking our war fighters to take on recently announced by Ambassador Bremer is ‘‘. . . every effort must be taken to build (or a new mission, but in this new world environ- a positive step but many are concerned that rebuild) indigenous capacity and governance ment, I believe this skill is necessary. people may turn in only one gun and keep structures as soon as possible. Leadership Communications Systems: communications two. In addition to concerns about personal roles in the reconstruction effort must be given and communication systems remain a problem safety, looting remains a problem. I was told to host country nationals at the earliest pos- for both the military and the aid organizations that looters continue to target electrical sub- sible stage of the process. Even if capacity is working in Iraq. I was told that not all of the stations in southern Iraq, stealing the copper limited, host country representatives should Civil Affairs detachments are readily able to wire to sell on the black market. These sub- chair or co-chair pledging conferences, pri- communicate with each other or with the Hu- stations provide much of the power for Bagh- ority-setting meetings, joint assessment of manitarian Assistance Center in Kuwait, which dad. Coalition forces should provide security needs, and all other relevant processes.’’ is coordinating all the civil affairs and humani- until it can be provided by the Iraqis. American companies awarded contracts to tarian assistance in Iraq. Contacting U.S. offi- Justice System: re-establishing a fair and rebuild Iraq’s infrastructure should hire locals cials in Baghdad also is problematic. I was just judicial system in a timely fashion is crit- whenever possible. There are many skilled told part of the problem is that most Civil Af- ical. Figuring out what to do with locals who and educated people in Iraq and they should fairs detachments are made up of reserve break the law, such as looters, but are not a be tapped to help rebuild their country. units which do not always have compatible threat to U.S. security must be addressed as Reconstruction Support: the sooner the Of- communications equipment. This needs to be soon as possible. The laws need to be clear fice of Reconstruction and Humanitarian As- addressed. It is imperative that all 18 prov- and must be enforced. sistance, now called the Coalition Provisional inces be linked with each other and head- ‘Play to Win’: ‘‘Play to Win,’’ the final report Authority, is completely operational the better. quarters. Congress should provide DOD with of the bipartisan Commission on Post-Conflict Every effort should be made to ensure that the necessary funding to ensure that these de- Reconstruction, should be used as the blue- Ambassador Bremer and his staff have the tachments have radios, computers and other print for rebuilding Iraq. necessary tools and resources to successfully communications equipment that are interoper- The report, released in January, was pro- complete the job. able. duced jointly by the Association of the United Provincial Officers: the military’s Civil Affairs Aid organizations also are encountering States Army and the Center for Strategic and detachments in Iraq have worked diligently to problems communicating with their staff in International Studies. Its 17 recommendations help restore order and are making more and southern Iraq because telephone and other

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.078 E11PT1 E1206 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 data transmission lines have yet to be re- riously lacking. Special instruments for deliv- IN HONOR OF DR. ALFRED O. paired. This presents a problem, especially for ering babies and performing cesarean sec- HEATH sharing data and supplying information. tions are needed. So are the proper medica- Iraq’s banking system: the issue of Iraqi cur- tions for delivery. More nurses also need to be HON. DONNA M. CHRISTENSEN rency must be dealt with immediately. Many trained. OF THE VIRGIN ISLANDS people in Iraq will not accept payment with the IN THE HOUSE OF REPRESENTATIVES Religious Freedom: as a new government is old regime’s currency. The World Bank should Tuesday, June 10, 2003 provide its expertise in helping get Iraq’s bank- established in Iraq, care must be given to pro- ing system back up and running. tect the rights of religious minorities. I urge the Mrs. CHRISTENSEN. Mr. Speaker, I rise The Story of Democracy: the State Depart- Bush Administration to develop a strategy and today to salute a true renaissance man of the ment working with the National Endowment for governance structure within the new Iraqi gov- U.S. Virgin Islands, Dr. Alfred O. Heath. Mr. Democracy and other groups with similar ex- ernment to ensure that the hard won freedoms Speaker, Dr. Heath is being honored this pertise should develop a program on democ- of the Iraqi people also will include the right weekend in St. Thomas with the Alexander A. racy and how a democratic government works. and protection of religious liberties. Farrelly Public Service Award, given by Virgin I was told that Iraqis watch a great deal of Islanders for Responsible Government, an Quality of Life for Troops: the troops serving television. Perhaps whatever program is de- honor of which he is more than deserving. veloped should be put on videotapes and tai- in the Gulf region are outstanding. The ones A fellow physician, Dr. Heath is also re- lored to specific age groups so that all Iraqis I spoke with were highly skilled, highly moti- nowned in the territory as a businessman, ed- can understand the democratic process. This vated and extremely professional. They all ucator, health care administrator, musician program must be made available to the Civil have made great sacrifices to serve their and licensed pilot. Dr. Heath is most recog- Affairs units in each of the 18 provinces. I un- country. In turn, we should do everything pos- nized for performing one of the territory’s ear- derstand money already has been appro- sible to make sure their morale remains high. liest heart surgeries, and for restoring the op- priated and some contracts have been let. Hearing from home is a big part of that. Con- erable use of a patient’s severed arm. In addi- This program must be put into place as soon gress should provide DOD with the necessary tion to the many ‘‘medical miracles’’ that he performed, Dr. Heath served as the Attending as possible. resources to ensure these service men and Senior Surgeon at the Roy Schneider Hospital A pro-democracy newspaper also should women serving in the Gulf, and around the and as a General Surgeon at the U.S. Army begin to be published on a daily basis in Iraq. globe for that matter, are able to get mes- Ordnance Removal: finding and removing Hospital in Heidelberg, Germany. sages from home, whether by phone, e-mail Mr. Speaker, Dr. Heath has also served as unexploded ordnance needs to be a priority. or regular mail. Sadly, many Iraqi children have been seriously the Medical Director of Sea View Nursing and Rehabilitation Facility, as Commissioner of hurt by exploding weapons while playing out- Commendation for Kuwait: Congress should Health of the Government of the U.S. Virgin doors. When I visited the General Hospital in approve a resolution thanking the government Islands, and Professor of Surgery at American Nasiriyah, a young boy had just been brought and people of Kuwait for their assistance in University of the Caribbean in St. Maarten, into the emergency room after either a mine or helping to provide humanitarian relief to Iraq. The Kuwaiti government has provided millions West Indies. unexploded ordnance blew up near him. He His business pursuits include the founding of dollars in assistance, both in-kind and in was severely burned and there was a piece of of the Seaview facility, Heath Health Enter- material goods. The United States’ Humani- shrapnel in his right eye. Clearing this ord- prises, the Medical Arts Complex of St. Thom- nance will be a long and laborious process. tarian Operations Center is run out of a former as, Medical Arts Slender You Salon, and St. Health Care: while great progress has been government facility in Kuwait City. Thomas Health Care Management, Inc. made to improve health care in southern Iraq NGOs Valuable Role: the NGOs on the An all around gentleman, Dr. Heath’s voice since the war ended, there is still a long way ground in the region also have done a tremen- can be heard in local chorales and choirs, and to go. While the major hospitals in southern dous job responding to the needs of the Iraqi entertaining a spellbound audience with his Iraq used to bear Saddam Hussein’s name— violin. He is also an adept pilot, and an avid and are all identically constructed—there was people. From helping provide food to medical care to caring for orphans, their experience boater. little or no medicine and the conditions inside Mr. Speaker, Dr. Heath has been toasted by are deplorable. One NGO that is providing in- and expertise has proven invaluable. I was told some of the NGOs in the region are con- the Rotary International as the Man of the valuable assistance is the International Med- Year, the Paul Harris Fellow, and the Costas cerned that the humanitarian assistance is ical Corps (IMC). Their doctors, nurses, nutri- Coulianos Fellow. The Business and Profes- being coordinated by the U.S. military. Some tionists and other health care professionals sional Women, the Virgin Islands Toast- of their misgivings may be justified. As the are making great strides in assessing the masters, the National Guard, the Virgin Is- health care needs of Iraq. They are also help- ORHA/CPA gets up and running, however, I lands Medical Society and the American Can- ing provide care. I was told that IMC has suspect many of their concerns will be allevi- cer Society have all at various times noted his helped distribute more than two tons of do- ated. Care must be given though to ensure talents and his willingness to share them with nated medicine to hospitals and clinics in that ORHA/CPA does not duplicate efforts that his community. southern Iraq. There is concern, however, that are already underway. Mr. Speaker, Dr. Alfred O. Heath was born diseases like malaria and visceral leishmani- Conclusion: in closing, I want to thank all and raised in St. Thomas to Mr. and Mrs. Os- asis—also called Dum Dum Fever or Black those who helped make my trip possible. For wald Heath. Upon graduation from Charlotte Fever—could ravage the region this summer security reasons I cannot mention people by Amalie High School in 1947, he attended the because no spraying was done this spring to University of Puerto Rico’s School of Phar- kill the mosquito larvae or sand flea larvae. name, but I am forever grateful for their assistance. macy for two years from 1947 to 1949. He Bites from sand fleas are the cause of visceral later graduated from Temple University’s leishmaniasis, which attacks internal organs. I also want to thank all the NGOs who are School of Pharmacy with a Bachelor of This disease has an 80 percent fatality rate for providing humanitarian assistance in Iraq. The Science degree in 1953. He received a Med- young children unless treated with a 21-day people who work and volunteer for these orga- ical Degree from Jefferson Medical College shot routine. Cholera is another concern. Area nizations are extremely dedicated. They work followed by a surgical residency, which fo- hospitals and American drug companies long hours and give up the many comforts of cused on general, thoracic and cardiovascular should work with medical NGOs in Iraq to en- home to serve others, often in very dangerous surgery between 1953 and 1960. He also at- sure they have an adequate drug supply and places around the globe, like Iraq and Afghan- tended the University of Heidelberg from 1962 the necessary equipment to provide medical istan. They are a special breed and deserve to 1963. services. Any assistance must be coordinated our thanks and praise. Married to Geraldine Cheatham, they are with NGOs on the ground so there is not any the parents of one son, Alfred, Jr., and two Finally, I want to thank several members of duplication of efforts or unnecessary equip- daughters, Anita and Judy. ment donated. my staff for their help in putting together this Dr. Heath’s military career culminated with Women’s Health: improving health services report. Dan Scandling, my chief of staff, ac- 50 years of service to the U.S. Army and the for women will be particularly important as the companied me on the trip and served as pho- U.S. Army National Guard at the rank of Brig- reconstruction of Iraq moves forward. More tographer. Janet Shaffron, my legislative direc- adier General. focus is needed on pre- and post-natal care. tor, edited the report and Colin Samples did Finally, Mr. Speaker, I had the honor of The surgical capabilities in the country are se- the layout and design. serving under this outstanding individual in

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.082 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1207 good times and bad. I will never forget his I have seen the American people apparently people all were surprised when no weapons of strength, endurance and leadership during the deceived into supporting invasion of sovereign mass destruction (WMD) were found. Now, as evacuation of the St. Croix Hospital after Hur- nation, in violation of UN charter and inter- each day passes, and no WMD has been ricane Hugo. That experience and the emer- national law, on the basis of what now appear found, that surprise has turned to suspicion, to gency delivery that he performed during the to be false assurances. The power of the Con- concern and finally to outrage at the deception crisis demonstrated the measure of this great gress to declare war was usurped. The con- practiced by the Bush Administration. man. sent of the governed was obtained by manipu- In response, President Bush, Vice President Mr. Speaker, the people of my district, the lation rather than candid persuasion. CHENEY, Secretary Rumsfeld, and their U.S. Virgin Islands are grateful to Dr. Heath Instead of conducting a sustained all-out spokespersons have offered one excuse after for his many years of dedicated service to our war against the genuine terrorists behind 9/11, another. As reporters and whistle-blowers islands. His selfless example of excellence, President Bush chose to terrorize the Amer- have exposed the flaws in each excuse, the foresight and commitment is one that we hope ican people. The President, Vice President White House has scrambled to create another, will be emulated by our young people. CHENEY and Secretary Rumsfeld painted lurid with the confusing speed of a kaleidoscope’s Mr. Speaker, it is my hope that my col- nightmares of al Qaeda’s attacking U.S. cities changing patterns. Law students are taught to leagues will join me in honoring a man so de- with insidious anthrax or clouds of deadly plead in the alternative: ‘‘I never borrowed serving as Dr. Heath. nerve gas. All of this was portrayed as coming your pot.’’ ‘‘Besides, it wasn’t cracked when I f courtesy of Saddam Hussein, unless we de- returned it.’’ ‘‘Anyway, it was not cracked stroyed the Iraq regime. They also wielded the when I borrowed it in the first place.’’ The PAYING TRIBUTE TO BILL ultimate threat that Iraq would imminently en- Bush Administration has learned that lesson MASHAW danger America and our closest allies with nu- well: clear weapons. Members of Congress who The Bush White House assures us that HON. SCOTT McINNIS voiced deep distrust of those claims were pri- weapons of mass destruction will inevitably OF COLORADO vately briefed with even more vivid descrip- be found. tions of the deadly threats that Saddam posed At the same time, the Bush White House IN THE HOUSE OF REPRESENTATIVES argues that they never really said Iraq had to American security. Tuesday, June 10, 2003 such weapons in 2002, only that they had pro- In public speech after speech, the President grams to develop those weapons. Mr. McINNIS. Mr. Speaker I rise today to and his supporting players assured America’s Finally, the Bush White House argues that pay tribute to the exemplary efforts of Bill anxious citizens that attacking Iraq was abso- it doesn’t matter whether Iraq did or did not Mashaw of Durango, Colorado. Bill has been lutely necessary to prevent the imminent have such weapons posing a threat to the awarded the Community Builder Award by the threat of Iraq’s weapons of mass destruction United States, because Saddam was a repres- La Plata County Community Summit Coordi- from harming them and their loved ones. sive ruler and its good that the world is rid nating Committee for going far beyond the call In addition, President Bush was determined of him. of duty. Today I wish to recognize the accom- to convince the public that Saddam was per- They cannot succeed with this shell game plishments and character of this great citizen sonally behind, or at least intimately involved because they cannot outrun the truth. There before this body of Congress and this Nation. in 9/11. He and Vice President CHENEY re- are too many previous contradictory state- Bill has proven his commitment to the com- peated that mantra incessantly. No wonder ments, too many reports leaked by outraged munity by organizing the Big Brothers, Big Sis- that about half of the country still believes that veteran intelligence analysts, and too great a ters program and through his involvement in Saddam was involved, although our intel- record of established facts. The Administra- the Community Development Corporation, ligence community has emphasized that there tion’s arrogantly crafted script is unraveling. which works on affordable housing projects. In is no credible evidence that is true. President Bush and his courtiers now have addition, Bill has served with the Red Cross The manipulation was massive and mali- learned the wisdom of the Scottish poet Rob- and the Salvation Army and currently serves cious. The motive was simple. The Administra- ert Burns, who warned: on the board of directors for the Fort Lewis tion wanted to attack Iraq for a variety of ideo- ‘‘Oh what a tangled web we weave, when College Foundation. Bill also reaches out to logical and geopolitical reasons. But the Presi- first we practice to deceive.’’ children in the Durango area by helping with dent knew that the American people would not Now, the Administration’s final refuge is that the D.A.R.E. program, and a number of other willingly risk shedding the blood of thousands the public thinks the war was justified even if programs geared towards youth. of Americans and Iraqis without the immediate no weapons are found. Obviously, those poll Mr. Speaker, the work of Bill Mashaw has threat of deadly attack on the United States. results reflect the American people’s relief that touched the lives of many in his community. It As Deputy Secretary of Defense Wolfowitz re- our military’s losses, and the loss of Iraqi civil- is with great pride that I stand to honor a man cently admitted to an interviewer in an un- ians, regrettable as they are, have not been who has lived a life of love, service and pas- guarded moment, when the threat of weapons even greater. They reflect understandable re- sion. I add my voice to that of the Durango of mass destruction was chosen as the banner vulsion at the horrors of Saddam’s regime. Area Chamber Resort Association, who has to lead a march to war, it was chosen for ‘‘bu- Nevertheless, continued ethnic conflict and vi- named Bill Mashaw both Citizen and Volun- reaucratic reasons,’’ not because the danger olence, ambushes of American soldiers, polit- teer of The Year. Thank you, Bill, for your was imminent or paramount. ical disarray, malnutrition and disease mount dedication. The President and his Cabinet were well daily in the aftermath of this ‘‘easy war.’’ Also, f aware that these claims either rested on flimsy the Bush White House is forced to acknowl- projections or came from sources that most of edge the re-emergence of al Qaeda’s terrorist BUSH ADMINISTRATION DECEP- our Intelligence Community disdained. The threat. So the American people have begun to TIONS ABOUT IRAQ THREATEN President and his Cabinet knew that in some focus on how badly it appears that they, and CONSTITUTIONAL DEMOCRACY cases those discredited sources’ assertions their congressional representatives, may have were flatly contradicted by the professional as- been misled by a president anxious to stam- HON. JOHN CONYERS, JR. sessments of the intelligence Community ex- pede America into war. OF MICHIGAN perts at CIA, the Defense Intelligence Agency In any event, regardless of the final tally on IN THE HOUSE OF REPRESENTATIVES and the State Department, and were only sup- the war in Iraq, there is a growing awareness ported by a rogue special office established that this disturbing presidential conduct raises Tuesday, June 10, 2003 under Secretary Rumsfeld precisely to ‘‘find’’ issues that transcend any particular hostilities Mr. CONYERS. Mr. Speaker, my service in or reinterpret intelligence in order to support in which America might engage. It raises the this House has often shown me the profound the Administration’s determination to invade most profound constitutional questions. How tension between government secrecy and Iraq. can the separation of powers and checks and democratic decision-making. Rarely however, When war came, our own military field com- balances designed to protect our Republic has that tension been as starkly posed as in manders were surprised by the fierce, often continue to do, if the Executive can work its the current revelations of divergence between deadly, resistance that our troops faced from will through falsehood, deception and conceal- President Bush’s assertions based on ‘‘secret Saddam’s ‘‘militia.’’ We, and our British allies, ment? information’’ about the alleged threat to Amer- were surprised when the Iraqi people in Basra Equally pressing is a determination of the ica posed by Iran and the actual assessment and elsewhere did not rise up to welcome our appropriate remedy, should the Administra- of that threat by America’s intelligence profes- troops with open arms. Most of all, our military tion’s assurances to Congress and to the elec- sionals. commanders, the Congress and the American torate prove to have been as knowingly false

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.085 E11PT1 E1208 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 as now seems to be the case. In the days Over the past two years, 3.1 million Ameri- Currently, thousands of veterans enrolled in ahead, I shall consult with my colleagues, with cans have lost their jobs, nearly 5 million the VA health care system could benefit from legal scholars, political scientists and histo- Americans have lost their health care cov- chiropractic care. Millions of Americans use rians, in order to weigh the appropriate actions erage, and 2 million families that were living the services of chiropractors. However, vet- necessary to prevent this or any future Admin- the American Dream have dropped out of the erans who are enrolled in VA’s health care istration from usurping the power of Congress middle class into poverty. system are unable to receive this specialty and the power of the people to decide public This is not progress. We need a plan to care. Numerous studies have shown that policy on the basis of accurate knowledge. ‘‘Rebuild America.’’ chiropractic is an effective therapy, and can be An accurately informed public is the es- Enacting more tax cuts, as the Administra- an effective approach to low back pain, sence of our democracy. It is most essential tion favors, is illogical. How can a $550 billion spasm, and other maladies of the spinal re- on the ultimate question of peace or war. To tax cut that primarily changes the tax treat- gion, including health problems caused by the deceive the Congress and the public about the ment of corporate dividends stimulate the aging process and physical exertion. This bill facts underlying that momentous decision is to economy? How will this tax cut help state and would grant specific employment authority in transgress one of the president’s supreme local authorities address the shortfalls in our VA for chiropractors as clinicians under Title constitutional responsibilities. I believe the nation’s critical infrastructure? Twenty billion 38 of the United States Code. House Committee on the Judiciary should dollars, as provided in the tax package, is Signed into law in 1999, section 303 of Pub- consider whether this situation has reached wholly inadequate. Moreover, it is a drop in lic Law 106–117, the Veterans Millennium that dimension. the bucket as compared to our $1.7 trillion Health Care and Benefits Act, required the VA That question is especially acute at this time commitment to Iraq. Under Secretary for Health to establish a de- because President Bush’s disturbing doctrine Mr. Speaker, while I believe that rebuilding fined policy regarding the role of chiropractic of ‘‘preventive war’’ means he plans to per- Iraq will be important to secure lasting peace care for veterans enrolled in the Veterans suade the Congress and the electorate that in the region, it must not come at the expense Health Administration. Issued almost a year additional ‘‘preventive wars’’ are necessary. of rebuilding America. later, VHA Directive 2000–014, established Will that advocacy be based on deception and My colleague, RAHM EMANUEL, has intro- what the Department deemed a policy on false statements, too? The prospect is fright- duced legislation to require that for every dol- chiropractic care. However, the Committee on ening. lar spent rebuilding Iraq, at least one dollar is Veterans’ Affairs found that declaration to be Finally, I note the provocative analysis on spent addressing the health care crisis in woefully inadequate and less than a policy. It this point recently offered by former Counsel America, urgent school construction, funding was a way for VA to further delay the advent to the President John Dean, who has carefully for first responders, and other domestic prior- of VA chiropractic services for veterans. As a analyzed the nature and context of the Presi- ities. result, Congress enacted section 204 of the dent’s many assertions about the threats al- In looking over USAID’s plans for Iraq, I Department of Veterans Affairs Health Care legedly posed by Iraq and the constitutional cannot understand how the Administration can Programs Act of 2001 (Public Law 107–135). implications should they prove false upon fur- justify building 12,500 new schools in Bagh- This statute required the Secretary of VA to ther examination. It deserves wide dissemina- dad, without doing anything for children in create a program to provide chiropractic care tion. America. Today, far too many America chil- and services for veterans who are enrolled in dren are forced to study in trailers because f VA’s health care system, and specified that their school districts simply do not have the each of VA’s 21 Veterans Integrated Service IN SUPPORT OF H.R. 1738, ‘‘THE funds to build a new school. Networks put at least one chiropractic care AMERICAN PARITY ACT’’ How can the Administration justify providing program in place. This law also required the health care services to 13 million Iraqis while establishment of a Chiropractic Advisory Com- HON. LOUISE McINTOSH SLAUGHTER 42 million Americans struggle to live without mittee within the Department, and charged the health care? It’s indefensible. Why, just today, OF NEW YORK Committee to provide assistance to the Sec- Paul Bremer, the U.S. civil administrator of IN THE HOUSE OF REPRESENTATIVES retary in the development and implementation Iraq, announced plans to invest $100 million to of the chiropractic health program the law au- Tuesday, June 10, 2003 create jobs in Iraq. thorized, including recommendations on scope Ms. SLAUGHTER. Mr. Speaker, we all IN IRAQ? of practice, qualifications, privileging and know that it will take years, if not decades, for Mr. Speaker, how can the Administration credentialing matters, among other factors that Iraq to be restored and rebuilt in the wake of justify launching this ambitious initiative in Iraq might influence the employment of chiroprac- Operation Iraqi Freedom. Our nation’s desire when there are thousands of workers in West- tors and the deployment of the new program to restore and rebuild Iraq—for the Iraqi peo- ern New York that have been unemployed for nationwide. ple—is to be commended. It reflects the most over two years? While some progress has been made by the dearly held values in American society. Mr. Speaker, the Administration must not sit advisory committee on chiropractic care, the As Americans, we want to make the world idly by and let America fall apart, just as un- Department is now contending that formal or- a better place. We want people to live full, precedented resources are being dedicated to ganizational, qualification, and classification healthy lives without fear of violence and hun- reconstructing Iraq. I strongly believe that en- studies are needed due to VA’s lack of a ger. We want children to have full stomachs, actment of H.R. 1738 will help us make signifi- specified employment authority in Title 38 of clear heads and the educational resources to cant strides in the effort to restore this nation. the United States Code for chiropractors. realize their potential. We believe that We must rebuild America. We owe it to the Other unnamed technical and professional healthcare should not be available to only the men and women who fought in Iraq, risking fields are already specifically authorized. Such rich. their lives to protect our homeland. We owe it an undertaking by VA may require extensive Certainly, as a nation, we want to elevate to our children. We owe it to our seniors. We usage of resources and much time investment the quality of life for the Iraqi people, who bear owe it to all Americans. on the part of the Central Office, advisory the scars of years of hunger, violence and f committee, Office of Personnel Management fear. At the same time, we must ask, what is THE DEPARTMENT OF VETERANS staffs, as well as outside consultants. A num- being done to end the hunger, violence and AFFAIRS CHIROPRACTIC EM- ber of Members of the House Veterans’ Affairs fear that dominates the lives of far too many PLOYMENT ACT Committee believe we can remedy this situa- Americans? tion with the bill I am introducing today, to As USAID makes the first down-payment of HON. JERRY MORAN speed VA’s decision-making on establishing $1.7 billion that the United States has dedi- chiropractic clinical care positions within the OF KANSAS cated to the housing, education, health care, IN THE HOUSE OF REPRESENTATIVES staff of the Department. and the infrastructure of rebuilding Iraq, we Mr. Speaker, I am pleased today to intro- must ask—what is the Administration’s plan to Tuesday, June 10, 2003 duce this legislation that would address the ‘‘Rebuild America ‘‘? Mr. MORAN of Kansas. Mr. Speaker, today authority for VA to appoint chiropractors in the Here at home, our schools are closing, sum- I am introducing the Department of Veterans Veterans Health Administration of the Depart- mer school activities are being shut down, Affairs Chiropractic Employment Act. I do so ment so that those veterans who are in need hospitals are not able to provide the health to prompt the Department of Veterans Affairs of chiropractic care may indeed and at last re- care, and state and local first responder budg- to make chiropractic care available to Amer- ceive it in VA facilities. This bill will allow a fair ets are being stretched thin. ica’s veterans. compensation schedule with other comparable

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A10JN8.088 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1209 categorical providers already authorized in the risks and uncertainties of life and prom- from 1974 to 1983. For his last professional Title 38. Furthermore, this bill will permit the ising to be there when needed the most. job, John was CEO/President of Galaxy Chil- Secretary to appoint chiropractors on a full- Today Aetna is one of the nation’s premier dren’s Shoes, Inc. from 1984 to 1995. Cur- time basis. Currently, chiropractors are only providers of health care and related benefits, rently, he is retired. available to veterans on a fee or contract dedicated to helping people achieve health John is married and has two sons. He en- basis, thereby causing VA additional adminis- and financial security. This occasion offers us joys golf, table tennis, and travel. He is fluent trative expenses and inconveniencing the vet- the opportunity to thank Aetna for this commit- in English and Korean and speaks some erans who need this care. With this bill chiro- ment. Spanish. practors may also be appointed to intern or It is with great pleasure that we commend Mr. Speaker, John Sehe Jong Ha is com- residency positions, or on a part time or inter- the employees of Aetna for their excellence mitted to assisting the Korean-American com- mittent basis, as dictated by need. My bill will and determination with which they perform munity in New York and working toward world afford to chiropractors practicing in VA facili- their work. In its 150 years of existence Aetna peace. As such, he is more than worthy of re- ties the same privileges and responsibilities of has become an indispensable asset to the ceiving our recognition today and I urge my other VA caregivers. people and culture of Connecticut. Its contribu- colleagues to join me in honoring this truly re- I urge my colleagues to support this impor- tions to both the business world and the fabric markable person. tant legislation. My bill will provide an addi- of life in our home state of Connecticut have tional, needed specialty care program for our been tremendous. It is therefore with great ap- f nation’s veterans, who are most deserving of preciation that we offer congratulations to HONORING THE LIFE OF VICENTA this benefit. Aetna on the occasion of its 150th Anniversary B. PEREDO f and wish Aetna and all those associated with it continued success for many years to come. PERSONAL EXPLANATION f HON. MADELEINE Z. BORDALLO OF GUAM HON. XAVIER BECERRA A TRIBUTE TO JOHN SEHE JONG IN THE HOUSE OF REPRESENTATIVES HA OF CALIFORNIA Wednesday, June 11, 2003 IN THE HOUSE OF REPRESENTATIVES HON. EDOLPHUS TOWNS Ms. BORDALLO. Mr. Speaker, I rise today Tuesday, June 10, 2003 OF NEW YORK to inform the House that Vicenta B. Peredo recently passed away. She was also known as Mr. BECERRA. Mr. Speaker, on Monday, IN THE HOUSE OF REPRESENTATIVES June 9, 2003, I was unable to cast my floor ‘‘Seabee Betty’’ and for years she had pro- Wednesday, June 11, 2003 vote on roll call numbers 249, 250, and 251. vided a home away from home for the Sea- The votes I missed include rollcall vote 249 on Mr. TOWNS. Mr. Speaker, I rise in honor of bees in Guam. She frequently held fiestas for Suspending the Rules and Passing H.R. 1610, John Sehe Jong Ha in recognition of his dedi- the deployed battalions, which were always the Walt Disney Post Office Building Designa- cation to his community and his commitment well attended, and gave her world renowned tion Act; rollcall vote 250 on Suspending the to world peace. status within the Seabees. She was also an- Rules and Agreeing to H. Con. Res. 162, Hon- John’s life is best defined by his service to nually crowned queen of the Seabees Ball. It oring the city of Dayton, Ohio for hosting ‘‘In- both his immediate community and the global was said that stories circulated about Seabee venting Flight: the Centennial Celebration;’’ community. John is currently an Ambassador Betty even in Gulf Port, Mississippi. and rollcall vote 251 on Suspending the Rules for Peace for the Inter-religious and Inter- Vicenta Peredo lived in the village of Yona, and Passing S. 763, the Birch Bayh Federal national Federation for World Peace. The goal where she held these fiestas since 1951. At Building and U.S. Court House Designation of the organization is to develop world peace the fiestas she served all different types of Act. by harmonizing both the spiritual and material local food to give the Seabees the experience Had I been present for the votes, I would dimensions of life. He is also a member of the of Chamorro hospitality and to make them feel have voted ‘‘aye’’ on rollcall votes 249, 250, Global Cooperation Society Club. The goal of right at home. and 251. this group is to establish social harmony and Even the Seabees helped to make sure the f friendship among nations around the world. fiestas would continue when her house was Additionally, he is a member of the Advisory damaged by a typhoon. After the roof of her CONGRATULATING AETNA ON THE Council on Democratic and Peaceful Unifica- kitchen collapsed, one of her daughters jok- OCCASION OF ITS 150TH ANNI- tion U.S.A New York Area Councils. The ingly said that the Seabees might fix it tomor- VERSARY Council advises the president of The Republic row. It actually took the Seabees two days to of Korea on issues pertaining to the unification fix her kitchen. HON. JOHN B. LARSON of North and South Korea. Vicenta Peredo also had fiestas that coin- OF CONNECTICUT John is the CEO of Korean American Senior cided with the birthdays of the Saints. She IN THE HOUSE OF REPRESENTATIVES Citizens Society of Greater New York. He is would pray for nine days, a novena, then cook responsible for overseeing the operation for a large amount of food and invite the Seabees Wednesday, June 11, 2003 the benefit of its 2400 members. He is also on over to enjoy the fiesta. She also wanted to Mr. LARSON of Connecticut. Mr. Speaker, I the senior advisory council of The Korean- give the Seabees a place to get away from rise today on behalf of the Connecticut dele- American Youth Foundation. John also serves the Naval Base and enjoy the rest of the is- gation to congratulate Aetna as it celebrates a as president of the Korean-American Tradi- land. She was a woman who always thought milestone. On June 14, 2003 Aetna Inc. will tional Art Development Association. This orga- about the Seabees first and in return she re- observe the 150th anniversary of its founding. nization preserves traditional Korean Art and ceived the rare distinction of being named an The year 1853 was an extraordinary one for develops talent among the 1st, 2nd and 3rd honorary Navy Seabee. America. Our country was 77 years old and on Korean generations throughout the United I join the Peredo family and all the people the brink of Civil War. Despite the strife of the States. He is also the chairman of the Greater of Guam in sorrow that Vicenta Peredo is no times a handful of leading business, civic and New York TaeKwon-Do Association. He is re- longer with us, but I am proud to say that she cultural leaders founded a company that would sponsible for the association’s membership of touched so many people during her life. I am evolve into Aetna Inc., one of the nation’s larg- 300 grandmasters. also very proud of the way that she reached est health care and employee benefits compa- John has been honored by the Republic of out to the Seabees and her ability to be a nies serving over thirteen million Americans Korea with a Certificate of Official Commenda- great symbol of the generosity that the people with medical coverage, over eleven million tion and a Certificate of Appreciation. Our gov- of Guam have to extend to the visitors of the group customers and eleven million dental ernment has awarded him a certificate of Ap- island. members, all served by over a half million preciation as well. We love you Vicenta and our thoughts and health care service providers. John came to the United States in 1956 and prayers are with your family. I am sure she will Since 1853 Aetna has never lost sight of its became a citizen in 1972. He began his pro- be remembered by the Seabees with the customers, always striving to meet their fessional career at McCann-Erickson Adver- honor and generosity she showed them in life. changing needs. The people of Aetna have tising, Inc. in 1962. He followed this position She showed us all that one person can make been inspired by the fact that what they do is as the CEO/President/Producer of Korean Tel- a difference, that one person can affect many truly important: helping people protect against evision Broadcasting Corporation of New York lives.

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A10JN8.092 E11PT1 E1210 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 PERSONAL EXPLANATION tion. Consumers will benefit with lower prices, RECOGNIZING MEN’S HEALTH better service and more choices. WEEK HON. ERNIE FLETCHER In addition, there are national security and safety benefits to multiple networks. If one net- OF KENTUCKY HON. RANDY ‘‘DUKE’’ CUNNINGHAM work is knocked out, communications can be IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA routed over the other network. IN THE HOUSE OF REPRESENTATIVES Wednesday, June 11, 2003 I urge the FCC to adopt rules that ensure Mr. FLETCHER. Mr. Speaker, on Tuesday, the existence of true, head-to-head facilities- Wednesday, June 11, 2003 June 10, 2003, had I been present for rollcall based competition for all types of communica- Mr. CUNNINGHAM. Mr. Speaker, on May vote Nos. 252, 253, 254, 255, and 256, I tions services, especially voice telephony and 10, 1972 I flew my 300th mission over North would have voted the following way: Rollcall broadband. Vietnam. I shot down three MIGs that day to vote No. 252—‘‘aye’’; rollcall vote No. 253— f become the first Ace of the Vietnam War. ‘‘aye’’; rollcall vote No. 254—‘‘nay’’; rollcall IN RECOGNITION OF THE RARITAN Shortly after my third kill, I was hit by enemy vote No. 255—‘‘aye’’; rollcall vote No. 256— HIGH SCHOOL BOYS BASEBALL fire and forced to eject along with my back- ‘‘aye.’’ TEAM seat, Willie Driscoll. As we parachuted down f into enemy territory, I did not know whether I was going to live, die, or possibly be taken as THE BENEFITS OF FACILITIES- HON. FRANK PALLONE, JR. a prisoner of war. It was indeed the scariest OF NEW JERSEY BASED COMPETITION moment in my life—until the day my doctor IN THE HOUSE OF REPRESENTATIVES looked me in the eye and told me that I had HON. SILVESTRE REYES Wednesday, June 11, 2003 cancer. OF TEXAS Mr. PALLONE. Mr. Speaker, I rise today to I am one of thousands of men who was di- IN THE HOUSE OF REPRESENTATIVES acknowledge the members of the Raritan High agnosed following a simple prostate-specific Wednesday, June 11, 2003 School Boys Baseball team from Hazlet, New antigen (PSA) test. During my annual exam- Jersey in the 6th district of New Jersey. On ination in the summer of 1998, my doctor Mr. REYES. Mr. Speaker, there is little Tuesday June 10, 2003, they completed a noted a slight elevation in my PSA test. He doubt that true head-to-head facilities-based season of hard work and personal sacrifice followed up with a sonogram and an MRI, nei- competition benefits consumers. This is cer- with the first State Baseball Championship in ther of which revealed the disease. It was only tainly true in the cable industry, where prices school history. Two weeks prior they won their after a prostate biopsy that it was determined in areas where there are two facilities-based first Central New Jersey Sectional Champion- that I had cancer. Following the diagnosis, in cable systems competing head-to-head are 17 ship in over a decade continuing their improb- consultation with my family, I decided to pur- percent lower than in areas where there is able underdog journey defeating Spotswood sue surgery as my treatment option. I am for- only one cable system. High School. The true measure of their tunate—early detection saved my life. My doc- In the world of residential high-speed Inter- achievement came this past Tuesday when tor was familiar with PSA results, and I had net access, facilities-based competition is this Cinderella story finally was granted the healthcare coverage for my treatments. Early coming. Right now, cable dominates the mar- glass slipper. Down for much of the game, the detection and treatment meant the difference ket. Cable serves about two out of every three team rallied to defeat statewide ranked Han- between life and death. broadband consumers. One reason cable over Park to win the school’s first ever state This year, 198,100 men will be diagnosed dominates the market is because cable championship. with prostate cancer and 31,500 will die from broadband is essentially unregulated, where This occasion cannot be fully appreciated this terrible disease. But prostate cancer is as broadband provided by telephone compa- unless I recognize the graduating seniors and only a small component of the men’s health nies, called DSL, is regulated as if it were reg- leaders of this gifted group of student athletes. crisis: Men have a higher death rate than ular telephone service. Two of the team’s coaches, T.J. O’Donnell women do for every single one of the ten The Federal Communications Commission and Tim Hildner, members of previous Raritan leading causes of death in this country. We’re is in the process of creating regulatory parity championship teams, returned to their alma twice as likely to die of heart disease—the between the two competitors. I encourage the mater to guide this team to the state cham- number one killer—and 40 percent more likely FCC to continue down this road towards regu- pionship never realized during their tenure as to die of cancer. Life expectancy has been latory parity among broadband providers. We players. Remaining coaches, long time teach- longer for women than for men for several are seeing the benefits of this deregulation al- ers at the school, Andrew Milewski and Robert decades. Sadly, the largest part of the prob- ready. For example, Verizon just announced a Generelli gave this group the extra guidance lem is that men do not take particularly good 40 percent price cut in the cost of their DSL that made them champions. Though the care of themselves. Only one-half of all men product. Consumers will have a real choice team’s full potential was put into motion by the have received preventative health care serv- between two distinct head-to-head competi- group’s undisputed leaders, such as first base- ices in the past year. tors. men Gregory Casha, shortstop Alex Mautone, I am proud to work with the Men’s Health In the regular telephone world, however, the pitcher Sean Walsh, left fielder Steve Network to raise awareness regarding the FCC decided not to stimulate head-to-head fa- Plagianakos, utility fielder Ernie Scelia, first need for regular health screenings, and it is an cilities-based competition. Instead, the FCC basemen Patrick Wood, and center fielder honor for me to host the annual men’s health left in place rules that permit a competitor to Jared Pflug all of who which will be graduating screenings on Capitol Hill. I urge my col- use the existing telephone network at a sub- this June, moving on to several of our state’s leagues to visit the screenings, and to help me stantial discount, up to 55 percent. The prob- great universities and leaving their current raise awareness about the fact that screenings lem with this is that it lacks a sufficient incen- teammates with a title to defend. The contribu- like these can save lives. tive for a competing telephone company to tions of underclassmen such as second base- f build any facilities because it costs less to use men Sal Straniero, catcher Sean Hanrahan, the existing network at these below-cost designated hitter Ricky Russomano, center HONORING CORNELIA GRUMMAN prices. Regulatory pricing arbitrage does not fielder Steve Bilowus, right fielder Andrew OF THE CHICAGO TRIBUNE result in true competition. The FCC needs to Mandeville, and third basemen Michael Nunes stop making the incumbent telephone compa- were the extra pieces to the puzzle that to- HON. WILLIAM O. LIPINSKI nies subsidize long distance carriers’ entry into gether turned a small high school on the Jer- OF ILLINOIS the local markets. If the long distance carriers sey Shore into a state powerhouse in one IN THE HOUSE OF REPRESENTATIVES want to use the incumbent’s network, they short season. should do so at a reasonable price, not one Today I speak to you as a proud represent- Wednesday, June 11, 2003 that shifts money from the local telephone ative of the 6th district of New Jersey due to Mr. LIPINSKI. Mr. Speaker, I rise today to company to the long distance carriers. This the inspiration that these young men have pay special tribute to Cornelia Grumman of system cannot be maintained. contributed to the residents in Township of the Chicago Tribune, winner of the 2003 Pul- The FCC should adopt rules that give incen- Hazlet. So on this day, June 11, 2003 I wish itzer Prize for editorial writing. tives for long distance carriers and others to congratulations to the players, coaches, and A native of Evanston, a resident of Chicago, build their own infrastructure. Then, there will parents of the 2003 Group II State Cham- a graduate of Duke, Cornelia Grumman has be true head-to-head facilities-based competi- pions, the Raritan High School Rockets! graced the Chicago Tribune for many years

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.004 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1211 with her thought provoking, influential edi- ticipate in the ‘‘Section 108 Loan Guarantee the bill provides tax cuts of $93,500 to the torials on the reform of the death penalty. As Program.’’ Congresswoman DONNA 200,000 taxpayers making over $1 million in a veteran reporter whose journalistic prowess CHRISTENSEN of the Virgin Islands and Con- our country, this bill leaves behind 8 million earned her much recognition, Cornelia was gressman ENI FALEOMAVAEGA of American children by denying their families full access to made a member of the Chicago Tribune edi- Samoa have joined me as original co-spon- the child tax credit. torial board in 2000. sors of this legislation, which is important to This law fails to apply the child tax credit to Cornelia’s Pulitzer citation reads: For distin- the economic development of the insular some of America’s neediest families—those guished editorial writing, the test of excellence areas. earning between $10,500 and $26,625 per being clearness of style, moral purpose, sound Currently, all qualified entitlement public year. Of the 8 million children left behind in reasoning, and power to influence public opin- housing entities in the States are authorized to this tax law, one million live with parents who ion in what the writer conceives to be the right apply for government-backed loans to finance are on active duty service or are veterans. direction. Awarded to Cornelia Grumman of long-term projects under the Community De- The children of our working families, especially the Chicago Tribune for her powerful, freshly velopment Assistance Act of 1974 (P.L. 93– those of our armed services, deserve our challenging editorials on reform of the death 383), which established the Section 108 Loan greatest support. penalty. Guarantee Program. Under ‘‘Section 108,’’ the There are approximately 16,500 military Mr. Speaker, I ask that my colleagues join States and their local governments may apply families with children at Fort Bliss in my dis- me in honoring Cornelia Grumman on her for amounts up to five times their annual allot- trict. Anxiously awaiting news about the status achievements and wish Cornelia many years ments of Community Development Block of the members of the 507th Maintenance of future success. Grant (CDBG) funding. Company in late March, these families under- f Guam receives CDBG funding on an annual stand, more than most, what it means to sac- basis from the Department of Housing and rifice for our nation. These are the families of A TRIBUTE TO JUAN GUILLEN Urban Development (HUD). However, many the brave men and women who fight to defend projects for which the funding could be utilized our freedoms, and they certainly do not de- HON. EDOLPHUS TOWNS cost more than the annual allotment. My bill serve to be left out of this tax cut. I urge my OF NEW YORK would authorize the insular areas that receive colleagues to pass legislation immediately to IN THE HOUSE OF REPRESENTATIVES CDBG funding to apply for government- extend the child tax credit to families making between $10,500 and $26,625 a year. Let us Wednesday, June 11, 2003 backed loans to help finance more expensive long-term projects. Future CDBG grant money send a message to our hard-working families Mr. TOWNS. Mr. Speaker, I rise in honor of could then be used as collateral in the insular that they count too and that we recognize their Juan Guillen in recognition of his significant areas, similar to how it is currently used in efforts. and diverse contributions to his community in several of the States. It is my sincere hope that we can work to- the fields of media, business, and arts. Officials at HUD have informed me that gether to provide our hard-working families Representing and reaching out to the Do- Guam, the Virgin Islands, American Samoa with a fair and equitable child tax credit. minican community, Juan is currently publisher and the Commonwealth of the Northern Mar- f and Chief Executive Officer of the Dominican iana Islands are excluded on the basis that Times Magazine, La Revista Offical de their CDBG grant funds are authorized under IN RECOGNITION OF THE REV- Dominicanos. From his office in the East New a separate sub-section from the States. My bill EREND DR. HENRY P. DAVIS, JR. York section of Brooklyn, New York, he heads would clarify that States and Territories would the regional, bi-lingual publication, Dominican have access to the HUD financing program ir- HON. FRANK PALLONE, JR. Times, which targets Dominican-Americans. respective of this technical distinction. OF NEW JERSEY This publication is distributed in seven states My bill, the Insular Areas Community Devel- IN THE HOUSE OF REPRESENTATIVES in the northeast and its voice is very influential opment Act of 2003, would strengthen the law Wednesday, June 11, 2003 in the Dominican-American community. to provide for the same flexibility for the insu- In the world of enterprise, Juan has owned lar areas as is currently granted to the States Mr. PALLONE. Mr. Speaker, I proudly and operated various businesses from 1982 in using CDBG funds. Support for this bill pause to recognize an exemplary individual, through 2002 throughout Brooklyn and would recognize the need for long-term financ- Reverend Dr. Henry P. Davis, Jr. This year Queens. He has developed diverse compa- ing of community development projects impor- marks Reverend Davis’s 30th Anniversary as nies, ranging from three successful dry clean- tant to the economic progress of the insular Pastor for the Saint Paul Baptist Church of At- ing businesses to a fitness club and a retail areas, and will result in improved planning and lantic Highlands, New Jersey. On July 13, store for clothing and sneakers. more efficient use of limited resources. 2003 Reverend Davis will be honored for his commitment and extraordinary service to his Juan has also made a contribution to the f arts in his community through his independent community over the past 30 years. feature film, ‘‘A Madness in Brooklyn.’’ This PERSONAL EXPLANATION Reverend Davis’s educational achievement comedy, filmed entirely on location in Brook- has aided him tremendously in serving his lyn, was written, directed and produced by HON. ERNIE FLETCHER congregation and surrounding communities. After earning his Bachelor of Science degree Juan. OF KENTUCKY from Huston-Tillotson College in Austin, Mr. Speaker, Juan Guillen has made sev- IN THE HOUSE OF REPRESENTATIVES eral important contributions to his community. Texas, the Reverend went on to receive a As such, he is more than worthy of receiving Wednesday, June 11, 2003 Master of Education degree from Prairie View our recognition today and I urge my col- Mr. FLETCHER. Mr. Speaker, on Thursday, A&M University. He was later awarded a Mas- leagues to join me in honoring this truly re- June 5, 2003, had I been present for rollcall ter of Divinity degree from the New Brunswick markable person. vote No. 248, I would have voted the following Theological Seminary and a honorary Doctor f way: Rollcall vote No. 248 ‘‘aye’’. of Divinity degree from Rankin’s Theological f Clinic. Reverend Davis is also the recipient of INTRODUCTION OF THE INSULAR a Doctor of Ministry degree from Drew Univer- AREAS COMMUNITY DEVELOP- CHILD TAX CREDIT sity. MENT ACT Reverend Davis has stood out amongst his HON. SILVESTRE REYES peers for his exceptional leadership skills. HON. MADELEINE Z. BORDALLO OF TEXAS Over the past few years Reverend Davis has OF GUAM IN THE HOUSE OF REPRESENTATIVES served as the Moderator of the Seacoast Mis- IN THE HOUSE OF REPRESENTATIVES sionary Baptist Association, which consists of Wednesday, June 11, 2003 32 churches throughout Monmouth and Ocean Wednesday, June 11, 2003 Mr. REYES. Mr. Speaker, I wish to express counties. He is the former Treasurer of the Ms. BORDALLO. Mr. Speaker, today I am my deep disappointment with the tax bill re- General Baptist Convention of New Jersey introducing legislation that will authorize quali- cently signed into law by the President. While and served as the Secretary of the Modera- fied public housing entities in Guam, the Virgin providing approximately $350 billion in tax tor’s Auxiliary of the National Baptist Conven- Islands, American Samoa and the Common- cuts, this law neglects many of our hard-work- tion, for over a decade. Presently, Reverend wealth of the Northern Mariana Islands to par- ing, low-income families. At the same time that Davis serves on the Executive Board of the

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.008 E11PT1 E1212 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 Hampton University Ministers Conference and I take great pleasure in congratulating gram; Chairman of the South Shore Fair the New Jersey Council of Churches. PacifiCare and its 7,500 employees on the oc- Housing Committee; Coney Island Hospital Reverend Davis has also devoted much of casion of its 25th anniversary of service to its Advisory Board; Sixty on Aging; HRA Advisory his time to various youth, community service, beneficiaries, and I commend PacifiCare for its Board and HRA Subcommittee on Social and civil rights organizations. He currently outstanding record of contributions to the Services; and as an Elder in the Homecrest serves as a Trustee of the Brookdale Commu- health and welfare of the people of California. Presbyterian Church. nity College Foundation and member of the f Some of the positions he has filled in the Youth Services Commission of Monmouth political arena include: Co-Chairman of the Fi- County. He is the Vice-President of the Mon- HONORING JOHN MCCORMICK OF nance Committee for Shirley Chisholm for mouth County Board of Alcohol and Drug THE CHICAGO TRIBUNE Congress, Co-Chairman of the Mel Durbin and Abuse Service. At present Reverend Davis is Eugene McCarthy campaign, and Director of the Chairman of the Monmouth County Minor- HON. WILLIAM O. LIPINSKI Senior Citizen Groups in the 10th Congres- ity Youth Vicinage Committee and is a life OF ILLINOIS sional District. member of the NAACP. Through his work with IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Roland Jerome Hill is com- these different groups Reverend Davis has mitted to improving the lives of the elderly Wednesday, June 11, 2003 positively influenced the lives of countless indi- population in his community. As such, he is viduals. Mr. LIPINSKI. Mr. Speaker, I rise today to more than worthy of receiving our recognition In addition to the award he will receive on pay special tribute to John McCormick, winner today and I urge my colleagues to join me in July 13, 2003 Reverend Davis has been the of the Walker Stone Award for editorial writing honoring this truly remarkable gentleman. recipient of a number of previous awards for from the Scripps Howard Foundation. f the remarkable work he does. Those awards John McCormick is the deputy editorial page include the Seacoast Association’s Out- editor of the Chicago Tribune. He joined the TRIBUTE TO SUSAN S. LAFFOON standing Service Award; New Jersey’s State Chicago Tribune editorial board in 2000 and Federation of Colored Women’s Club’s Out- was promoted to deputy editor the following HON. ROB PORTMAN standing Community Service Award and Hu- year. Prior to joining the Tribune, John worked OF OHIO manitarian Award; as well as recognition from for several years as the Chicago bureau chief IN THE HOUSE OF REPRESENTATIVES the greater Red Bank NAACP. for Newsweek magazine. Wednesday, June 11, 2003 Mr. Speaker, on this day I rise up to ac- A native of Iowa, a graduate of North- knowledge a truly remarkable individual and I western University, John gained recognition Mr. PORTMAN. Mr. Speaker, I rise today to ask that my colleagues join me in honoring the for his series of editorials on how and why recognize the outstanding service of Susan distinguished Reverend Dr. Henry P. Davis, Jr. Chicago must respond to its high murder rate. Laffoon, a friend and distinguished constituent, for his 30 years of devoted service to his Once a small-town boy, John tackled big city who is stepping down from her duties as Vice community. crime head-on, proving to be a highly re- President for Public Affairs at the Greater Cin- f garded and influential asset to Chicago’s polit- cinnati Chamber of Commerce on June 13, CONGRATULATING PACIFICARE ical leaders, law enforcement officers, and 2003. HEALTH SYSTEMS ON THEIR neighborhood groups. Susan is a Cincinnati native, graduated from 25TH ANNIVERSARY Mr. Speaker, I ask that my colleagues join the University of Cincinnati with a BA in His- me in honoring John McCormick on his tory, and has served our community with dis- HON. RANDY ‘‘DUKE’’ CUNNINGHAM achievements and wish John many years of tinction all her adult life. future success. For over a quarter century, Susan has dedi- OF CALIFORNIA cated herself to the Greater Cincinnati Cham- IN THE HOUSE OF REPRESENTATIVES f ber of Commerce, where her accomplishments Wednesday, June 11, 2003 A TRIBUTE TO ROLAND JEROME are impressive. She began at the Chamber in Mr. CUNNINGHAM. Mr. Speaker, I rise HILL 1977 as a Specialist for Minority Business De- today to congratulate PacifiCare Health Sys- velopment, took over as Program Director for tems on their 25th anniversary as one of the HON. EDOLPHUS TOWNS Leadership Cincinnati in 1978, and became nation’s largest consumer health organiza- OF NEW YORK Group Executive for Administration in 1982. In tions. PacifiCare’s primary operations include IN THE HOUSE OF REPRESENTATIVES 1984, she was promoted to Vice President of health insurance products for employer groups Government and Community Affairs. Her title Wednesday, June 11, 2003 and Medicare beneficiaries in eight states and changed in 2002 to Vice President, Public Af- Guam. Currently, PacifiCare has approxi- Mr. TOWNS. Mr. Speaker, I rise in honor of fairs. In 1997, Susan was appointed Acting mately $11 billion in annual revenues, and Roland Jerome Hill in recognition of his serv- President of the Chamber for three months. serves more than 3 million health plan mem- ice to his nation and his community. Her commitment to the Chamber and our bers and over 9 million specialty company Roland was born in Mount Carmel, Lan- community is outstanding. Michael Fisher, the members nationwide with dental, vision, be- caster County, South Carolina. He began his Chamber’s President and CEO, says it best: havioral health and pharmacy benefit manage- schooling in a one-room schoolhouse. Later, ‘‘Susan leads by example in her collaborative ment services. PacifiCare Health Systems also he attended Mather Academy. Through his style, willingness to go the extra mile, and en- operates a nonprofit organization, called the participation in various civic and political thusiasm for her work. She has built strong re- PacifiCare Foundation, that is devoted to char- causes, Roland has continued to learn lationships with key volunteers, government itable and educational causes that enhance throughout his entire adult life. officials and her staff. Equally important, she the health, wellness and welfare of individuals, Roland also coached high school football, has helped deliver impressive results for our families, and the public at large. baseball, and track for two years as an official region—from State Capital bill funding wins to On June 16, 2003, PacifiCare will celebrate in the South Atlantic Colored Intercollegiate revised environmental policies that better bal- its 25th anniversary as one of the nation’s Athletic Association (SACIAA). More impor- ance the needs of all stakeholders.’’ largest consumer health organizations, offering tantly, he served his country for three and a In addition to her service at the Chamber, individuals, employers, and Medicare bene- half years in WWII in the 183rd Aviation Engi- Susan has been active with a number of other ficiaries the best in consumer-driven health neers Battalion in the China-India-Burma the- important community organizations. Past and care and insurance products. PacifiCare atre. current leadership posts include: Trustee of Health Systems is also celebrating another im- After arriving in New York he became in- the United Way and Community Chest of portant milestone—the 10th anniversary of the volved in a long list of political and civic af- Greater Cincinnati; Trustee of WGUC-FM; PacifiCare Foundation. The PacifiCare Foun- fairs. He has served his community through a founding Trustee and officer of the Cincinnati dation has donated more than 17 million dol- wide range of activities that include: Master Horticultural Society; Trustee and alumna of lars during the past 10 years to charitable and Plumber Licensing and Control Board; Fire the Seven Hills School; Trustee of the Amer- educational causes, with a focus on specific Suppression Board; Vice President of the ican Red Cross, Cincinnati Area Chapter; and community needs in several areas, including: Local Two of the Hotel and Restaurant Em- Trustee of the Cincinnati Arts Festival, Inc. Health Promotion, Human/Social Service Pro- ployees Union; Vice-President of the 45th As- Susan also has been Trustee of the Cincinnati grams; Senior Programs; Education Programs sembly Democratic Club; Co-Chairman of the Symphony Orchestra for 20 years, and has and Child/Youth Programs. Federal Government Scatter Housing Pro- given a great deal of time (over 15 years) to

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.013 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1213 the Fine Arts Fund, where she was elected a WOMEN PIONEERING THE FUTURE Navajo Nation. She volunteers at Project Life Trustee last year. Share, Asbury Pie Cafe´, and for anybody that Mr. Speaker, I hope my colleagues will join HON. HEATHER WILSON needs a helping hand. me in recognizing Susan’s many accomplish- OF NEW MEXICO Kathy Cyman—Kathy is an Instructor and ments as she steps down as Vice President IN THE HOUSE OF REPRESENTATIVES Adjunct Faculty Member at UNM. As a teacher for Public Affairs at the Greater Cincinnati and practicing artist, she maintains a high Wednesday, June 11, 2003 Chamber of Commerce on June 13, 2003. I standard of professionalism. She is a tireless know Susan will continue to make a difference Mrs. WILSON of New Mexico. Mr. Speaker, worker and role model for women who strug- in our community. All of us in the Cincinnati in honor of Women’s History Month, I asked gle to make a living. She gives her all to her area thank her for her dedication to improving New Mexicans to send me nominations of community and to aspiring educators. our community and wish her the very best in women in New Mexico who have given special Rebecca Dakota—Rebecca is the former Di- her future endeavors. service to our community, but may have never rector of the NM Commission on the Status of received recognition for their good deeds. Women. She is supportive of women and f On Thursday, April 17, 2003, I had the works diligently to address the issue of do- honor and privilege of recognizing forty-five mestic violence. She has helped to make po- HONORING ANDREW T. RINGGOLD worthy nominations describing sacrifices and lice departments around NM more aware of contributions these women have made for our the problem so that training could be imple- HON. MIKE THOMPSON community. The people who nominated the mented for officers. She has worked to assist OF CALIFORNIA women describe the dedication they have wit- poor women with job training partnerships and IN THE HOUSE OF REPRESENTATIVES nessed: volunteer hours for veterans services, scholarship assistance. Wednesday, June 11, 2003 service on nonprofit boards, homeless pro- Brenda Delaurentis—Brenda is Manager of grams, mentors for young women, healthcare the Payroll Services and Financial Training Or- Mrs. THOMPSON of California. Mr. Speak- providers going above the call of duty, child ganization at Sandia National Labs. She has er, I rise today to recognize Andrew T. advocates, volunteers at churches and syna- worked with ‘‘Shared Vision,’’ spearheaded Ringgold, Superintendent, Redwood National gogues, successful business woman, wives, Sandia’s involvement in the Science and and State Parks, Crescent City, California, mothers and friends. Technology Magnet School initiative spon- who is being honored on the occasion of his Allow me to share information about this sored by DOE, and helped organize the first retirement after 36 years with the National year’s nominees: ‘‘School to World’’ event, a career fair tar- Park Service. Jan Dodson Barnhart—Jan recently retired geting 8th graders. Brenda has also been a A native of Washington, D.C., Andy as a 30 year employee of the University of Girl Scout Leader for seven years. Ringgold grew up in Williamsburg, Virginia and New Mexico’s General Library. She has Gail Doherty—Gail is the state coordinator received his Bachelors Degree from Bucknell worked diligently to promote historic preserva- for Project Linus, which provides handmade University. He began his outstanding career in tion and recognition of the cultural treasures blankets for needy children. In her 5 years, the National Park Service as a Park Ranger at that exist in New Mexico’s built environment. 5000 blankets have been distributed to fire Sequoia National Park in California in 1967. In She served on the Governor’s committee on victims in Los Alamos, September 11 Pen- 1972 Andy became District Ranger at Lassen historical records, with the Oral History Asso- tagon families and numerous others. Each Volcanic National Park and then served as ciation, and with the Albuquerque Museum week, she visits the Senior Centers to work Chief Ranger at Petrified Forest National Park Foundation. with the knitters and weavers to make blan- in Arizona from 1976 to 1979. After serving as Dian Baughman—Dian is a nurse at Paloma kets and she takes their therapy-trained dog to Chief Ranger at New River Gorge in West Vir- Blanca Nursing and Rehab Center. She works Carrie Tingley to visit the children. ginia, he became Staff Park Ranger, Division numerous hours dedicating time and service Viola Edwards—Mrs. Edwards works tire- of Ranger Activities at the Headquarters Office to residents of the center to ensure good care lessly each month to provide food boxes with in Washington, D.C. in 1984. In 1987 Andy and quality of life. During her off hours, she the Share Program for needy or low income Ringgold served as Chief of the Branch of Re- travels the state with her husband to provide families. Monthly, she orders 16–17 food source and Visitor Protection at the Head- medical assistance to homeless veterans dur- boxes and distributes them to families that can quarters Office and then, in 1989, became Su- ing veterans functions. use it. She has also collected and recycled perintendent at Cape Cod National Seashore Tess Ruiz Burleson—Tess is the Chief Fi- clothing to provide for the clothing needs of in Massachusetts. In 1995 he assumed the nancial Officer for Lovelace Respiratory Re- children and families. duties of Superintendent at Redwood National search and Director of Lovelace Scientific Re- Shannon Enright Smith—As the Executive Park in California. search. She is also an active Board Member Director of Resources, Inc., Shannon has In 2002, Mr. Ringgold received the United of many community organizations, such as been a passionate voice for victims of domes- States Department of the Interior Honor Award Next Generation Economy Initiative, Behavior tic violence, especially for the children who for Meritorious Service in recognition of his Health Research, Wells Fargo Leadership witness domestic violence. In a typical day, contributions to the management and protec- Council, Performance Arts Charter School, Shannon performs duties from walking a vic- tion of resources at Redwood National Park. and Magnifico/Festival of Arts. tim through the legal system, doing interviews He spearheaded the use of alternative meth- Joann Castillo—Joann is the Library Direc- for local media, to testifying before the state ods and partnerships to achieve park goals. tor at Carnegie Public Library in Las Vegas, legislature. He has received numerous awards in recogni- NM. Joann is very involved in community ac- Deirdre Firth—Deirdre, a Senior Economic tion of his outstanding and innovative leader- tivities, such as the Las Vegas San Miguel Lit- Developer for the City of Albuquerque, works ship. eracy Volunteers, Communities that Care and tirelessly to bring economic vitality to New Andrew Ringgold has guided the manage- the Las Vegas Youth Commission. She feels Mexico. She represents the City in the devel- ment of Redwood National and State Parks, that these young men and women are our fu- opment of the Sandia Science and Tech- which includes three California state parks and ture and need to be active in community nology Park, a public/private partnership which the national park as one unit, a precedent set- events also. is bringing thousands of high-paying tech- ting agreement that has evolved into a model Alvorn Clifton—Mrs. Clifton has provided the nology jobs to New Mexico. partnership of cooperation and efficiency. It is Trumbull Village with a legacy of working for Linda Flanigan—Linda has lived in Albu- a model that has set the standard for similar the betterment of children, families and our querque for most of her life. She has helped partnerships in other regions across the na- community. She is a leader making a dif- teenagers with career and life decisions. She tion. ference. As the President of the Trumbull Vil- was a Brownie Troop Sponsor and she helps Andrew Ringgold has served the National lage Neighborhood Association, she advances people recover from various addictions and Park Service with honesty, integrity and exper- the lives of children through support and guid- through family problems through her activity tise. His high standards and dedication to his ance. Each year, she hosts Halloween, Christ- and her community church. profession are widely recognized. mas and Easter parties so the neighborhood Linda Fleisher—Linda is a Crime Free Multi- Mr. Speaker, it is appropriate at this time kids have a safe place to celebrate. Housing Coordinator. Her inspiration and driv- that we recognize Andrew T. Ringgold for his Leslie Cunningham-Sabo—Leslie works tire- ing force were instrumental in bringing a ‘‘revision and leadership and for his contributions lessly as a doctor at Pediatrics Department at birth’’ to the Alta Monte Neighborhood. She to the preservation of the natural resources of UNM for obesity and diabetes prevention pro- has inspired many landlords to participate in our Nation. gram which works with the pueblos and the the program, making great strides in improving

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.017 E11PT1 E1214 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 the quality of life for the residents of the neigh- Blanche Lange—Mrs. Lange served WWI, well-being of her neighborhood, community, borhood. WWII, Korea, and Vietnam veterans. She also and the Bataan Corrigedor Veterans Associa- Annabell Gallegos—Annabell manages the taught nursing at Einstein Medical Center, tion. In addition, as a board member of the ‘‘Keep Albuquerque Beautiful/Keep America Philadelphia, and at UNM. At the age of 84, Bataan Corrigedor Veterans Association, Beautiful’’ program for the City of Albu- she still provides comfort and support to all Georgianna was instrumental in the planning, querque. The department tries to change cus- who ask. She is an Associate Professor at funding, and publicizing the new memorial in tomer behavior and get the public to ‘‘recycle’’ UNM’s College of Nursing, was published in Bataan Park. and be aware of what a clean environment the Journal of Nursing, and she has received Wynona Ratliff—She and her late husband, means for our future. Teacher and student commendations from UNM, the VA, and other Jack, were missionaries to South America for training, field trips and community clean-ups Veterans organizations. almost 20 years. In 1975, they bought Sunset are just a few of Annabell’s many accomplish- Dr. Mary Lipscomb—Dr. Lipscomb is the Mesa Schools and turned it into one of the ments. chair of Pathology at the University of New best private schools in New Mexico. They Cindy Hansen—Cindy is the Resident Care Mexico. In addition, she is the principal investi- have been involved in a multitude of charitable Director at the Cottages of Albuquerque for gator for a National Institutes of Health (NIH) and community activities including the New Alzheimer’s Specialty Care. She cares and Asthma Specialized Center of Research Mexico Boys and Girls Ranches. helps the families get through the ‘‘long (SCOR) grant. She is an internationally recog- Martha Romero—Martha has been nomi- death.’’ She spends what little free time she nized expert in pulmonary immunity who has nated to be recognized as a ‘‘Hometown has talking to and holding the hands of resi- mentored numerous students, fellows, and Hero’’ with KOB–TV Channel 4. She raised 9 dents. Her love for both the residents and their faculty. children. She is most famous for her Annual families is apparent. Laurel Moore—Laurel Moore is the Project Chili Roasting sales and the hundreds of Blesila Hartom—Blesila has served as a Manager for Strengthening Quality in Schools, beautiful quilts that she makes. She gives registered nurse for Presbyterian, Health an initiative that has improved the New Mexico endlessly to her children, her extended family, South and University Hospitals for fifteen K–12 education system. Laurel has worked her friends and her community. years. She is also a proud member of the Fili- tirelessly to improve New Mexico’s schools Patsy Sanchez—Patsy serves as the Lin- pino-American Association, serving on several through the use of Quality principles and the coln County Planning Director with tremen- committees and participating in numerous Malcolm Baldridge Criteria for Performance dous responsibilities. Her greatest strength is fundraising activities. She has become a part Excellence. her unwavering goal toward an accurate ac- of the Filipino Historical Society to establish a Carolyn Moralez—Carolyn has been the pri- counting of the water resources in the county. foundation that recognizes the importance of mary caregiver for the past two and a half She urges commissioners to seek legislative Filipino heritage. years for her mother who has ALS (Lou allocations for water and for changing rules re- Elizabeth Holm—Elizabeth is a computa- Gehrig’s Disease). This terminal illness has garding land and water issues. tional materials scientist at Sandia National touched Carolyn’s life so deeply that she has Kaye Sinclair—Kaye has held central posi- Labs. She is active in the Albuquerque Chap- dedicated herself to raising money to find a tions in Albuquerque Radio Emergency Serv- ter of the American Society for Metals and she cure for the disease, building awareness, and ices, which handles all communications for is a mentor of many young women in the helping other caregivers cope with the life any Search and Rescue emergency in the sciences. She is very involved in the Albu- changes this disease has on its victims and state. She has also served on the board of the querque schools, serving as a guest science their families. Emergency Services Council, a meeting of all speaker, science instructor, book fair host, and Christine Morgan—Chris is a Distinguished rescue groups in New Mexico and surrounding debate and speech tournament judge. Member of the Technical Staff Systems in the areas. Kaye has given at least a decade and Kathleen Holt—Kathleen is a Technologist Adaptive Cyber Systems Deployment and a half to rescue and emergency service for in the Environmental Decisions and WIPP Control Organization at Sandia Laboratories. New Mexico. Support organization. As an adviser to the La She is a trained facilitator; a Master Trainer for Jackie Lee Barnes Brown Soderstrom— Cueva Key Club, she has involved students in adults and girls for the Girl Scouts; member of Jackie is known for being a loving and caring leadership training and strategic planning ex- the Board of Directors for Girl Scouts of Chap- person who gives of herself without asking for periences as well as mentoring many of the arral Council; and an advisor/leader/Assistant anything in return. She cared for her mother kids. She teaches students mediation and ar- Scoutmaster for Girl Scouts, Boy Scouts and as she was dying and she is the caregiver to bitration techniques and has organized day- Cub Scouts. her husband. Among Jackie’s accomplish- long experiential leadership training events for Tina Nenoff—Tina is a Materials Chemist at ments, she was crowned Miss New Mexico in high school students. Sandia National Laboratories. She is active in 1957 and Mrs. New Mexico in 1979. Debbie Hughes—Debbie is the dynamic mentoring numerous students through Women Amy Tapia—Amy is a Program Manager in force behind the rise of the New Mexico Agri- in Science and Engineering at the University the corporate Outreach Organization at Sandia cultural community to the status it is beginning of New Mexico. Tina served as the past Presi- National Laboratories. As the project Leader to enjoy today. As Executive Director of the dent and is currently a volunteer for the Wom- for School to World, she led a team of busi- NM Association of Conservation Districts, she en’s Community Association, helping women ness and education representatives in putting has been instrumental in bringing agricultural subjected to domestic violence. Tina also vol- on the most successful career familiarization issues and solutions to the forefront. She has unteers at St. Martin’s Hospitality Center for event in the state. Amy also developed the been a leader in crafting and executing this the homeless. CroSSlinks program to match Sandia sci- most prominent New Mexico water conserva- Carolyn Olona—Carolyn is one of our nurs- entists, engineers and technicians with tion project. ing unsung heroines. Carolyn began her nurs- schools, teachers, and students to help them Diana Jackson—Diana is an Administrator ing career as a student nurse in September appreciate the wonders of science and tech- in the Attorney General’s office and she man- 1961 and has continued to this day in various nology. ages her tasks with skill and grace. She is areas of nursing. Finally, she spent the last Tia Turco—Tia is a teacher at La Cueva also quite active in her church, First United twenty one years at Sandia Laboratory as an High School. She works tirelessly for the ben- Methodist, taking on many volunteer efforts. Occupational Health Nurse. Carolyn is a highly efit of others. In addition to teaching 6 classes Through her commitment to community and dedicated, professional Registered Nurse. Her a day, Tia serves as the sponsor and coach church, she has become increasingly involved focus is always the welfare of the patient, of the La Cueva High School Speech and De- in the social dilemmas confronting our society above all else. bate team. Her responsibilities include orga- and works behind the scenes to make a dif- Dr. Renee Ornelas—Dr. Ornelas examines nizing a team of over 30 members. ference. children suspected to have been sexually Jennifer Wade—Jennifer works more than Elsie Kear—Elsie came to NM as an R.N. abused. She has been a child sex abuse ex- full-time as an officer of a locally and decided to start nursing at the OB/GYN pert since 1990 and uses her expertise to en- headquartered, publicly traded technology ward at the Base Hospital (run by the Army at sure sex offenders are convicted and the chil- company, SBS Technologies. She also serves the time). Elsie soon became acquainted with dren they scar are well taken care of. Pres- on her Church’s Council, prepares meals for the other 3 major hospitals in Albuquerque by ently, Doctor Ornelas serves as the Director of the UNM Campus Ministry. Jennifer also do- becoming a ‘‘Pool Nurse.’’ One of her biggest Para Los Ninos, a specialized clinic which nates her time to Project Share. challenges was flying out of the local airport, handles the medical exams for children who Patsy Welch—Patsy works on Kirtland Air picking up patients in NM and Texas and are victims of sexual abuse. Force Base. A few months ago, she noticed bringing them back to the Veteran’s Hospital Georgianna Pena-Kues—Georgianna is rec- that some of the Security Force entry control- in Albuquerque. ognized for her years of commitment to the lers (gate guards) didn’t have gloves on during

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.020 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1215 cold days and she felt sorry for their freezing married and the mother of one daughter. Her pointed Summer School principal at Cram hands. She went to Wal-Mart and bought interests include sewing, gardening, and cook- School in Redlands. Going beyond the class- every black pair of gloves they had and put ing. Growing vegetables in her yard to use in room, Mrs. Corrin coordinated the district’s them in her car. Now, every time she goes her Southern European cuisine makes Sun- ‘‘Here’s Looking at You 2000’’ drug abuse pre- through the gate, if the guard doesn’t have days at her home a popular place for friends vention program, and has been an active gloves, she asks if they want a pair. and family. member in the Redlands Teachers’ Associa- Dominique Wilson—As the program coordi- Mara joined the New York City Police De- tion and the State teachers association. She is nator for Critical Skills Development at Sandia partment in 1987, and the following year she also active in the Phi Delta Kappa and Pi National Laboratories, Dominique advances was assigned to the 75th Precinct in East New Lambda Theta teachers’ sororities. workforce development by merging critical York. She patrolled the area for ten years be- Outside of the school, Mrs. Corrin has skills needs of the national laboratories with fore entering the Anti-Crime plain clothes unit. served as chapter president for the California the resources of APS, TVI, UNM and Sandia During this time, her lieutenant noticed that Association of Neurologically Handicapped technical staff to create pipeline programs to she had a flair for calming certain situations Children, and has been a board member for benefit middle and high school students. She and a sincere interest in community relations. the Redlands Valley Rehabilitation Workshop. has established advanced learning academies It was suggested that Mara join community af- She is an active member of The Links, Incor- for Albuquerque students, creating opportuni- fairs She is currently serving East New York in porated and raised more than $19,000 for ties for post-secondary education and tech- this capacity. scholarships awarded by the San Bernardino nical internships in math and science. Mara is also active in various advisory Valley Chapter. Anne Haines Yatskowitz—Anne is the Presi- boards and community projects. She has been Mr. Speaker, the thousands of students who dent and CEO and one of the ACCION New instrumental in closing the gap that often ex- passed through Clara Corrin’s door learned Mexico principal founders. She served on ists between the community and the police. well the motto posted there: ‘‘Enter to Learn, boards of Jewish Family Services and Jewish She encourages her fellow officers to become Exit to Lead.’’ Please join me in congratulating Federation of Greater Albuquerque. She was more involved and concerned with community this exemplary leader of youth for a lifetime of a member of the Greater Albuquerque Cham- issues in the area in which they serve. public service, and wish her well in her well- ber of Commerce Leadership Albuquerque Mr. Speaker, Mara Roske is committed to deserved retirement. program and she served as Chair of the making a positive difference in her community. f Chamber’s Maxie Anderson Award Selection As such, she is more than worthy of receiving Committee. our recognition today and I urge my col- INTRODUCTION OF THE INDIAN Elisabeth Zimmer—Elisabeth gives her time leagues to join me in honoring this truly re- HEALTH CARE IMPROVEMENT to help young pregnant girls and young moth- markable person. ACT REAUTHORIZATION IN FY 2003 ers in Albuquerque. Following a successful ca- f reer with Intel, she has done volunteer work at Maria Amadea Shelter. Last year, she started HONORING CLARA CORRIN FOR 29 HON. DON YOUNG a non-profit organization to create a residential YEARS OF TEACHING REDLANDS OF ALASKA SCHOOLCHILDREN program for pregnant teens and mothers. Life IN THE HOUSE OF REPRESENTATIVES Options Academy is the projected goal and it Wednesday, June 11, 2003 will help many young women in our commu- HON. JERRY LEWIS nity. OF CALIFORNIA Mr. YOUNG of Alaska. Mr. Speaker, I rise Lt. Katherine Zimmerman—Kate is an out- IN THE HOUSE OF REPRESENTATIVES today to introduce amendments to the Indian standing Air Force Officer supporting Ballistic Health Care Improvement Act. I am pleased to Wednesday, June 11, 2003 Missile Defense development. She is the De- be joined in the co-sponsorship of this meas- tachment’s blood drive organizer and she col- Mr. LEWIS of California. Mr. Speaker, I ure by both Republican and Democratic mem- lected over 180 pints. She is also a Big Broth- would like today to pay a special tribute to a bers of the U.S. House of Representatives. er/Big Sister volunteer, and recruited 18 volun- very special teacher, Clara Corrin, who is retir- The Indian Health Care Improvement Act teers from UNM. Kate was the UNM Spring ing after 48 years in education—including 3 (IHCIA) became Public Law 94–437 in the Storm organizer, recruiting over 700 students, decades molding thousands of fourth graders 94th Congress (September 30, 1976), and faculty and alumni to perform 82 community into knowledgeable and confident youngsters was amended by: service projects. at Kimberly Elementary School in my home- P.L. 96–537—December 17, 1980; f town of Redlands. P.L. 100–579—October 31, 1988; Clara Corrin got her start working with chil- P.L. 100–690—November 18, 1988; PERSONAL EXPLANATION dren even before she finished her own edu- P.L. 100–713—November 23, 1988; cation, starting in 1955 as a nursery school P.L. 101–630—November 28, 1990; HON. MIKE ROGERS teacher in Orange, NJ. She taught at a num- P.L. 102–573—October 29, 1992; and OF MICHIGAN ber of nursery schools and eventually became P.L. 104–313—October 19, 1996. IN THE HOUSE OF REPRESENTATIVES assistant director of the Head Start program in The purpose of the Act is to implement the Wednesday, June 11, 2003 Springfield, MA. Federal responsibility for the care and edu- Showing a lifelong dedication to improving cation of the Indian people by improving the Mr. ROGERS of Michigan. Mr. Speaker, on her teaching expertise, Mrs. Corrin earned a services and facilities of Federal Indian health the legislative day of Thursday, June 5, 2003, bachelor’s degree in elementary education in programs and encouraging the maximum par- the House voted on H. Res. 258 that provided 1970, and went on to get her Masters of Arts ticipation of American Indians and Alaska Na- for the consideration of S. 222 and S. 273. On in Education in 1976. She has continued her tives in such programs, and other purposes. House rollcall vote No. 245, I was unavoidably training with an administrative credential in The IHCIA provides for health care delivery detained. Had I been present, I would have 1977 and received a Mott Fellowship for stud- to over 2 million American Indians and Alaska voted ‘‘yea.’’ ies in Educational Counseling at the University Natives. Congress enacted a one-year exten- f of Redlands. sion to extend the life of the Act through FY A TRIBUTE TO MARA ROSKE A generation of fourth graders has now ben- 2001 but efforts at further extensions were in- efited from that expertise at Kimberly Elemen- terrupted due to 9/11/01 events. Appropria- HON. EDOLPHUS TOWNS tary. Mrs. Corrin began her career with Red- tions for Indian health have continued through lands Unified as a substitute in 1972, and authorization of the Snyder Act, a permanent OF NEW YORK began full time the next year. In recent years, law authorizing expenditures of funds for a va- IN THE HOUSE OF REPRESENTATIVES many of her former students, who have gone riety of Indian programs, including health. For Wednesday, June 11, 2003 on to become doctors, lawyers, teachers and FY 2003, Congress appropriated $2.9 billion to Mr. TOWNS. Mr. Speaker, I rise in honor of successful business owners, have been de- help provide health care services to American Mara Roske in recognition of her dedication to lighted to find that their own children are also Indians and Alaska Natives. The IHCIA re- improving her community through both her in Mrs. Corrin’s classroom and capable hands. quires Reauthorization this year. professional and personal endeavors. Her dedication led to a nomination for Since 1998, the Indian Health Service (IHS) The youngest of four children, Mara was Teacher of the Year for the Redlands Unified started the reauthorization process under the born and raised in Brooklyn, New York. She is School District in 1993, and she was ap- IHS’s Tribal Consultation Policy by conveying

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.023 E11PT1 E1216 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 a Roundtable to begin the discussion of the Section 4. Definitions. States the defini- pay premiums for coverage. Authorizes the reauthorization and to give guidance to the tions of terms used throughout the Act. Secretary to enter into agreements with I/T/ consultation process which included all stake- TITLE I. INDIAN HEALTH MANPOWER U’s for receipt/processing of Medicaid/Medi- care/SCHIP applications. Condition con- holders, I/T/U (Indian Health Service/Tribes/ The purpose of this title is to increase, to the maximum extent feasible, the number of tinuing approval of State Medicaid plan on Urban). taking steps to provide for Medicaid enroll- American Indians and Alaska natives enter- Coordinators from the 12 IHS areas formed ment on reservations, and to obtain input ing the health professions. It also seeks to workgroups of I/T/U and National Indian from tribes in the State on matters relating assure an adequate supply of health profes- Health Board (NIHB) representatives. These to impact of changes in the State plan on In- sionals to the Service, Indian tribes, tribal meetings were to inform the I/T/U’s about the dian health programs. If tribe/tribal organi- organizations, and urban Indian organiza- zations performs outreach, the agreement reauthorization process, and provide opportu- tions involved in the delivery of health care nities to discuss and reach consensus on rec- may provide for 100% reimbursement of costs to American Indians and Alaska natives. and assures that 100% FMAP (Federal Med- ommendations for the Act. This title covers recruitment, scholarships, ical Assistance Payment) continues to apply Four regional consultation meetings were extern programs, continuing education, com- to Medicaid and SCHIP services provided by held to provide further opportunities for I/T/U’s munity health representatives, loan repay- tribes/tribal organizations who directly bill to provide input, share recommendations from ment, advanced training and research, nurs- for the services they provide. Ensures that the 12 IHS Areas, and build consensus among ing, tribal cultural and history, inmed, insurance companies must reimburse I/T/U’s participants for a unified position. The final re- health training, incentives, residency, com- for the services they provide. Ensure that munity health aide for Alaska, and a Univer- managed care plans must reimburse I/T/U’s port entitled ‘‘Speaking with One Voice’’ identi- sity of South Dakota pilot project. fied areas of consensus and differences. for the services they provide. TITLE II. HEALTH SERVICES Authorize IHS and tribal programs to re- The IHS Director convened a National ceive reimbursement for all Medicare Part B Steering Committee (NSC) to be responsible The purpose of this title is to establish programs that respond to the health needs of services and eliminates ambiguity about for the final drafting of the report on the IHCIA American Indians and Alaska natives. For Medicaid coverage. Authorizes Federal/State/ recommendations. The NSC is composed of example, American Indians and Alaska na- tribal agreements for tribal operation of In- one elected and one alternative tribal rep- tives have a disproportionately high rate of dian SCHIP programs; places a Medicare-like resentative from each of the 12 IHS Areas, a diabetes (death rate for this disease is more rate ceiling on hospital services purchased representative from the National Indian Health than 300% of the rate for the U.S. population under the IHS’s Contract Health Service program; directs the Secretary of HHS to study generally), so this title has a specific diabe- Board, National Council of Urban Indian the Medicare and Medicaid payment method- tes provision. It also includes the Indian Health, and the Self-Governance Advisory ology for Indian health programs and report Health Care Improvement Fund through Committee. During the course of the 4 meet- to Congress; and directs the Secretary to es- which the Appropriation Acts supply funds ings, this group’s responsibility evolved from tablish a National Indian Technical Advisory to eliminate health deficiencies and dispari- Group to assist the Secretary in identifying compiling a final report of recommendations to ties in resources made available to American the drafting of the actual IHCIA reauthorization and addressing issues regarding the health Indians and Alaska Native tribes and com- care programs under the Social Security Act bill language. munities. This title contains catastrophic During the last year and a half, House Re- (including medicare, medicaid and SCHIP) health emergency fund; health promotion that have implications for Indian Health sources Committee, Office of Native American and disease prevention services; diabetes pre- Programs or Urban Indian Organizations. vention, treatment and control; hospice fea- and Insular Affairs Committee staff, Cynthia A. TITLE V. HEALTH SERVICES FOR URBAN INDIANS sibility; research; mental health; managed Ahwinona, has traveled to ‘‘American Indian The purpose of this title is to establish and Alaska Natives country’’ to observe the care feasibility; Arizona, North Dakota, South Dakota, Trenton and California con- programs in urban centers to make health work of the NSC of the tribal leaders com- services more accessible to Indians who live tract health services programs; mammog- prised to propose IHCIA reauthorization revi- in urban areas rather than on reservations or raphy; patient travel; epidemiology; school Alaska Native villages. The Secretary sions to Congress. The draft bill was drafted health education; Indian youth; psychology; through the IHS is authorized to enter into by dozens of tribal attorneys and had tech- tuberculosis; environmental and nuclear nical, legal citation errors and, in some in- contracts or grants to urban Indian organi- health hazards and women’s health. zations to help these agencies with estab- stances, was drafted very poorly and did not TITLE III. FACILITIES lishing and administering health programs accomplish what was intended by the NSC. The purpose of this title relates to the con- which meet the requirements of the IHCIA As consensus was arrived, House Re- struction of health facilities, including hos- and will require evaluations renewals. Au- sources Committee and several members of pitals, clinics, and health stations including thorizes the establishment of an Office of the NSC met with House Legislative Counsel, necessary staff quarters, and of sanitation Urban Indian Health which shall be respon- Lisa Daly, Edward Grossman and Pierre facilities for Indian communities and homes. sible for carrying out the provisions of this Poisson in person and via teleconference to It also would require the IHS to annually re- title, providing central oversight of the pro- start the redrafting of the bill. Invited partici- port on Indian Health Service/Tribes/Urban grams and services authorized under this pants included both the Republican and (ITU’s) needs for inpatient, outpatient and title and, providing technical assistance to specialized care facilities, including renova- Urban Indian Organizations. The bill would Democratic health staff of the House Re- tion of existing facilities. It also would re- also extend FTCA (Federal Tort Claims Act) sources Committee and the Senate Com- quire newly-constructed/renovated facilities, coverage to urban Indian organizations (Fed- mittee on Indian Affairs, a representative from whenever practicable, to meet the construc- eral law already extends FTCA coverage to the National Indian Health Board, representation standards of any nationally recognized tribally-operated health programs). tives of the IHS, and tribal attorneys from the accrediting bodies. There is also a provision TITLE VI. ORGANIZATIONAL IMPROVEMENTS NSC. to waive the Davis-Bacon when a tribe has This title addresses the establishment of I want to personally thank Lisa Daly, Ed- its own wage law and performs the construc- the IHS as an agency of the PHS(Public ward Grossman and Pierre Poisson of the tion project instead of IHS. Health Service). It covers the appointment of House Legislative Counsel, Myra Munson of TITLE IV. ACCESS TO HEALTH SERVICES the Director of IHS by the President and Sonosky, Chambers, Sachse, Endrieson and The purpose of this title is to address pay- confirmed by the Senate. This title also au- Perry, LLP. and Carol Barbero of Hobbs, ments to the IHS and tribes for services cov- thorizes the Secretary through the Director ered by Social Security Act Health Care proof IHS to establish an automated manage- Straus, Dean and Walker for all their efforts in ment information system as well as other the drafting of this bill. Thank you all, you grams, and to enable Indian health programs to access reimbursements from third party duties as assigned by the Secretary for the have done a wonderful job. Attached is brief collections. This title states that any pay- IHS. Authorizes appropriations to carry out summary of each Title of the Indian Health ments received by a hospital or skilled nurs- this title. Care Improvement Act Reauthorization of FY ing facility of the IHS for services provided TITLE VII. BEHAVIORAL HEALTH PROGRAMS 03. to American Indians and Alaska Natives eli- This title is revised from current law INDIAN HEALTH CARE IMPROVEMENT ACT gible for benefits under the Social Security (which only addresses substance abuse pro- REAUTHORIZATION OF FY 03 Act Health Care programs will not be consid- grams) in order to focus on behavioral Section 1. Short Title. ered in determining appropriations for health. It combines all substance abuse, Section 2. Findings. Sets forth the national health care of American Indians or Alaska mental health and social service programs in goal of the U.S. in providing the quantity Natives. one title and integrates these programs to and quality of health services to bring the Requires the Secretary to enter into agree- enhance performance and efficiency. The health status of Indians to the highest pos- ments with tribes, tribal organizations and title addresses the responsibilities of the IHS sible level. urban Indian organizations to assist them in as outlined by the Memorandum of Agree- Section 3. Declaration of Health Objec- enrolling qualified Indians in Medicare, Med- ment pursuant to the section 402 of the In- tives. Sets forth 6 Health Status Objectives icaid and SCHIP (State children’s health indian Alcohol and Substance Abuse Preven- to be reached by the year 2010. surance program), and to enable tribes to tion and Treatment Act of 1986. The IHS will

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JN8.027 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1217 determine the scope of the alcohol and sub- onteur for movie stars, came to Washington in the community it serves have helped Foster’s stance abuse among Indian people; they the early 1950’s to work as press secretary for Daily Democrat thrive for 130 years as an must assess the existing and needed re- Congressman Al Morano of his home state of independently owned and operated news- sources for prevention of alcohol and substance abuse and the treatment of Indians Connecticut. He soon noticed a general lack paper, which is a laudable achievement in an affected. Finally, IHS must estimate the of information about the happenings of the industry dominated by major media chains. funding necessary to adequately support a Capitol Hill community. In 1955, Sid was in- I commend the Publisher, Robert H. Foster; program of prevention of alcohol and sub- spired to create his own newspaper, Roll Call, his wife and Editor, Therese Foster; their stance abuse and treatment of Indians af- when he overheard an Ohio Congressman’s daughter and Vice President of Administration, fected. The IHS will also provide a com- shocked exclamation at learning that a mem- Patrice Foster; and all members of the Foster prehensive alcohol and substance abuse pre- ber of his state legislation had passed away. Family and their employees for the service vention and treatment programs, a rehabili- As Mr. Yudain envisioned it, Roll Call was they have provided to their readers through tation and aftercare services, IHS youth pro- not to be a newspaper about Capitol Hill, but 130 years of daily publication. I offer them my gram, and training and community education. In this section demonstration as its masthead boldly proclaimed, ‘‘The sincere congratulations on this momentous oc- projects are outlined as well as grants focus- newspaper of Capitol Hill.’’ Judging by the casion and I look forward to their continued ing of Fetal Alcohol Syndrome and Fetal Al- names of those, including Members of Con- success. cohol effect. It also expands the authoriza- gress and staffers, who contributed early col- f tion to establish inpatient mental health fa- umns and stories to the newspaper, it lived up cilities in each Area. Authorizes funding for to the assertion. Vice President Richard Nixon HONORING SERGEANT NORM ROSS development of innovative community-based insisted on writing a piece about a doorman behavioral health services. The requirement who had passed away, and Senate Majority of matching funds has been eliminated here. HON. GEORGE RADANOVICH Allows the Fetal Alcohol Disorder programs Leader Lyndon Johnson related through the OF CALIFORNIA to be funded under the ISDEAA (Indian Self- pages of Roll Call his experiences and thanks IN THE HOUSE OF REPRESENTATIVES Determination and Education Assistance following his recovery from a recent heart at- Wednesday, June 11, 2003 Act). Provides for a program to treat both tack. the victims and the perpetrator of child sex- Throughout the 32 years that Sid owned Mr. RADANOVICH. Mr. Speaker, I rise ual abuse. And, has been expanded to allow Roll Call, the paper chronicled life on the Hill today to recognize Sergeant Norm Ross, on Indian Tribes and Tribal Organizations to and promoted a community spirit where Mem- the occasion of his retirement from the obtain funding for behavioral health re- bers and staffers of all political persuasions Mariposa County Sheriff’s Department. His research. could come together to celebrate their com- tirement will be honored on July 12, 2003 at TITLE VII. MISCELLANEOUS mon service to the American people. Roll Call a community event in Coulterville. The purpose of this title is to address var- nurtured clubs and organizations, issued the Sergeant Ross has been a dedicated com- ious topics including the President’s report- munity servant since 1960. Norm was edu- ing of the progress made in meeting the ob- ‘‘Outstanding Staffer’’ award each year, sponsored Congress’ annual baseball game, and cated in Los Angeles and in 1960 joined the jectives of this Act to Congress at the time Army National Guard. He began to work in law of submitting the budget. It also applies the gave gifted and often famous writers of all Negotiated Rulemaking Act to the develop- backgrounds the opportunity to inform and en- enforcement in 1963 for the L.A. Police De- ment of IHCIA regulations. Other provisions tertain arguably the most influential readership partment until 1983. After a short retirement require the Secretary to develop a plan of on the planet. from the police department, he returned to implementation to submit to Congress; de- In 1988, after owning Roll Call for over 32 help others and began to work in the Mariposa scribe the eligibility of California Indians for years, Mr. Yudain sold his newspaper in order County Sheriff’s Department. He worked with IHS services and sets out the conditions for to devote more time to his family, friends, and the department to make sure the community the issue of Indian health funding as an enti- was involved in their safety and quality of life. tlement. saxophone. Mr. Speaker, I heartily commend Mr. Sid Norm became a Sergeant in 1986, because of AMENDMENTS TO THE SOCIAL SECURITY ACT Yudain for his initiative and his commitment to his undying commitment to the people of Amendments to the Social Security Act serving his government and his country. His North County. One of the many reasons he reappear at the end of the bill. These provi- ceived the promotion came from his evalua- sions are necessary to reflect a number of distinguished career is truly impressive and in- the objectives described above in the Title spiring. I wish Mr. Yudain all the best on his tions which stated, ‘‘When it comes to inter- IV summary. 80th birthday and many more to come. I call vention and prevention, Norm established a standard that is unmatched in the depart- f upon my colleagues to join me along with Sid’s wife Lael, their children Rachel (and hus- ment.’’ A leader in Mariposa County, Sergeant HONORING THE 80TH BIRTHDAY OF band Amar Kuchinad) and Raymond, and fam- Ross has been an active member of the com- SID YUDAIN ily and friends in applauding Sid Yudain for all munity and is very deserving of a comfortable he has done. retirement. We are truly grateful for everything HON. TOM DAVIS f he has accomplished. OF VIRGINIA Mr. Speaker, I urge my colleagues to join IN CELEBRATION OF FOSTER’S IN THE HOUSE OF REPRESENTATIVES me in recognizing Sergeant Norm Ross for his DAILY DEMOCRAT’S 130TH ANNI- significant and steadfast efforts for the better- Wednesday, June 11, 2003 VERSARY ment of Mariposa County. Mr. TOM DAVIS of Virginia. Mr. Speaker, I f would like to take this opportunity to pay trib- HON. CHARLES F. BASS A TRIBUTE TO AL DAVIS ute to Sid Yudain upon his 80th birthday for OF NEW HAMPSHIRE his long, distinguished, and dedicated service IN THE HOUSE OF REPRESENTATIVES SPEECH OF to the world of journalism. ‘‘At every dramatic turning point of our long Wednesday, June 11, 2003 HON. GERALD D. KLECZKA national nightmare known as Watergate, Roll Mr. BASS. Mr. Speaker, I rise today in OF WISCONSIN Call was there. Sid Yudain reported the Wa- honor of the management, staff, and readers IN THE HOUSE OF REPRESENTATIVES tergate break-in a full three days before Nix- of Foster’s Daily Democrat as they prepare to on’s resignation,’’ quipped Washington’s favor- celebrate the newspaper’s 130th anniversary. Tuesday, June 10, 2003 ite political satirist, Mark Russell some twenty Since June 18, 1873, Foster’s Daily Democrat Mr. KLECZKA. Mr. Speaker, on May 30th years ago. has provided readers with credible, fair, and the House of Representatives lost one of its Russell’s dig was aimed at the man credited balanced coverage of local, state, and national most brilliant and dedicated employees when with discovering him, Sid Yudain, founder, news and world events. Foster’s Daily Demo- Al Davis died of complications resulting from a publisher, editor, and even occasional delivery crat currently serves residents of Southeastern traffic accident. We remember him today and boy of Capitol Hill’s own newspaper, Roll Call. New Hampshire and Southern Maine. offer our sincere condolences to his family, This weekend Mark and his wife Ali will host— For five generations, the Foster family has loved ones, and especially his long-time com- and perhaps roasting—Sid at a party cele- operated in the public’s interest by providing panion Mary Bielefeld. brating his 80th birthday. extensive coverage of the local community. As my colleagues before me have attested, Sid, who spent several years in Hollywood The paper’s thorough local coverage, thought- the facts and figures produced by Al Davis following World War II as a columnist and rac- ful editorials, and the family’s involvement in have provided an immeasurable benefit to the

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.031 E11PT1 E1218 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 Democratic Members of the Ways and Means borers who work long hours and cannot afford It is a humbling sight and a perfect tribute Committee—and often proved to be a thorn in childcare. The center’s programs also include to America and to the veterans who defended the side of my friends across the aisle. What health fairs, community meetings, sewing her. When a noble idea is coupled with a dedi- most of my colleagues don’t know is that I classes, and craft activities. Ms. Otero ex- cated group of people—great things can hap- was the beneficiary of Al’s budgetary wisdom panded the center’s services when she saw pen. long before he came to Washington to work growing numbers of senior residents suffering I would like to personally thank Mayor Tom on the staff of the Ways and Means Com- from isolation and poor nutrition. To combat Rowland, State Senator Jeff Miller, State Rep- mittee or the House Budget Committee before this problem, she and her mother cashed in resentatives Dewayne Bunch and Chris New- that. In the late 1970s when I served as Chair- hundreds of aluminum cans to be able to ton, the Cleveland Kiwanis Club, and the citi- man of the Wisconsin Legislature’s Joint Com- serve seniors hot meals at the center. They zens of Cleveland and Bradley County, Ten- mittee on Finance Al was toiling away as an also organized young people to deliver food to nessee for their efforts in this endeavor. It is economist for the Wisconsin Department of homebound seniors. an honor to represent and serve a ‘‘flag city.’’ Revenue. Ms. Otero founded the center in 1996 in an f In his work for the Ways and Means Com- old fire station after launching the Health mittee Al himself was often unseen and un- Promotores program in 1995. Through her HONORING THE 50TH WEDDING AN- heard by the public, but the information he work with the Health Promotores program, Ms. NIVERSARY OF JOSEPH AND produced was routinely cited in the media. Not Otero quickly saw the many needs of the rural CLARA LEE only did Al author remarkably insightful area on the U.S.-Mexican border, an area memos and produce easy-to-understand where more than half of the families live below HON. BART GORDON charts for us to use in debate on the floor and the poverty line. OF TENNESSEE in the Ways and Means Committee, he fre- In addition to founding the Andrew Sanchez IN THE HOUSE OF REPRESENTATIVES Memorial Youth Center, Ms. Otero helped quently briefed reporters and opinion leaders Wednesday, June 11, 2003 about the effects of arcane budget and tax launch a mobile health clinic, created a bilin- matters before Congress. Even though Al rou- gual support group for diabetics, provided farm Mr. GORDON. Mr. Speaker, I rise today to tinely prepared Ranking Member RANGEL and worker health and pesticide safety education, congratulate Joseph and Clara Lee for 50 numerous other Members of Congress for tel- and assisted with the effort to turn around an years of marriage, a remarkable milestone and evision and radio interviews, I’m sure that his abandoned tavern into the Columbus Public testament to their love for each other. The most proud achievement was coming up with Library. Nashville, Tennessee, couple will celebrate the chart I used in my Spring 2001 newsletter Mr. Speaker, I am honored to congratulate their 50th wedding anniversary on July 12. to the constituents of Wisconsin’s 4th District. Ms. Guadalupe Sanchez de Otero on this Joseph and Clara’s marriage has been Al Davis was a kind and public-spirited man well-earned distinction, and express my grati- blessed. They have five children, six grand- whose good work in this institution will not tude for her determination and leadership. I children, one great-grandchild, five step-grand- soon be forgotten. He was an expert in his commend Ms. Otero and her staff for the hard children and six step-great-grandchildren, as field and earned the respect of his colleagues work they continue to perform, and I am proud well as countless friends. The Lees place a through his thoughtful analysis and wise coun- to recognize her today before my colleagues a strong emphasis on family and friends, which sel. Al simply had an answer for every con- model of commitment to human service. is evident in their everyday deeds. And they ceivable question. One of his greatest at- Ms. Otero’s nominator for the award put it made sure each of their children had the op- tributes was his skill at explaining how tax and best by saying, ‘‘Lupe doesn’t just talk about portunity to get a college education, with all budget proposals would affect the working what’s needed, but rather recognizes it and five receiving college degrees. And they have families and average Americans that we rep- takes action in her own special way.’’ striven to help friends in any way they could. resent. f Joseph was a longtime educator and coun- His dedication to his work was unmatched. RECOGNIZING CLEVELAND, seled many children during his work with sev- He would often e-mail memos to staff late into TENNESSEE AS ‘‘FLAG CITY’’ eral youth programs over the years. Clara the night so that Members of the Committee helped countless people during her work as a would prepared for debate first thing in the HON. ZACH WAMP nurse. Both are very active in their church and morning. The Ways and Means Committee community and have garnered a wealth of re- OF TENNESSEE and this Congress as a whole will be at a loss spect along the way. IN THE HOUSE OF REPRESENTATIVES without his vast expertise. I cordially congratulate Joseph and Clara for I am proud to stand with my colleagues in Wednesday, June 11, 2003 their commitment to one another, their family the House today to honor and recognize the Mr. WAMP. Mr. Speaker, I rise today to and their community. All of us should follow career of our friend Al Davis. His integrity, honor the city of Cleveland, Tennessee, which the example of Joseph and Clara, whose en- character, and expertise in all matters related I have the awesome privilege to represent and tire existence exudes compassion, loyalty and to the tax code and the federal budget will be join them in celebrating the upcoming Flag service to others. I wish them the very best on sorely missed by this body. Day ceremonies on June 14th. their 50th wedding anniversary and hope more f Beginning in the late 1800s, communities of us can follow in their footsteps. across the nation began envisioning a special f TRIBUTE TO GUADALUPE day for celebrating our flag and the freedoms SANCHEZ DE OTERO we enjoy as Americans. In 1949, President TRIBUTE TO COACH LELAND Harry Truman signed a Congressional Resolu- YOUNG HON. STEVAN PEARCE tion designating June 14th of each year as OF NEW MEXICO Flag Day. HON. BENNIE G. THOMPSON IN THE HOUSE OF REPRESENTATIVES The ‘‘Stars and Stripes’’ is a symbol to the OF MISSISSIPPI world of the eternal principles that our nation IN THE HOUSE OF REPRESENTATIVES Wednesday, June 11, 2003 was founded upon. Our flag is also a powerful Wednesday, June 11, 2003 Mr. PEARCE. Mr. Speaker, I rise today to reminder that our freedoms and liberties exist acknowledge the work of Guadalupe Sanchez only because of the incredible sacrifices made Mr. THOMPSON of Mississippi. Mr. Speak- de Otero, the director of the Andrew Sanchez by countless Americans in defense of our er, I rise to pay tribute to the life and accom- Memorial Youth Center. Ms. Otero was re- country. It is for that reason we must honor plishments of Mr. Leland Young of Rosedale, cently selected as a 2003 Robert Wood John- and pay tribute to our flag. Mississippi. He dedicated his life to serving son Community Health Leader. She was one I invite my colleagues to join me in com- Mississippi’s local youth athletes for 61 years. of ten people nationally to be selected for this mending the work of a very special group of Mr. Young was born July 28, 1941, in Rip- prestigious award, which includes a grant of individuals from Cleveland, Tennessee who ley, Mississippi to Leland and Willie Young. over $100,000 to enhance her work. came together as a community to find a truly He married Mary Katherine Jacob of Clarks- Ms. Otero is the founder and director, with- patriotic way to celebrate Flag Day. Members dale on June 6, 1964. Together they had one out pay, of the Andrew Sanchez Memorial of the Cleveland Kiwanis Club raised over daughter. Youth Center in Columbus, New Mexico. The $22,000 from community businesses and vol- During his coaching career he built an im- center provides a safe play space for local unteers and organized efforts to fly over 500 pressive record of 221–63–2. He led Rosedale children, many of whose parents are farm la- American flags on the streets of Cleveland. High School to four North Mississippi State

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.035 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1219 Championships and three State Champion- children in State custody being stuck in tem- RECOGNIZING SCIENTIFIC SIGNIFI- ships in football. His team also won the Delta porary placements for over 2 years. In South CANCE OF SEQUENCING OF Valley Conference Football Championship. At Carolina, some 500 positions in the State’s so- HUMAN GENOME AND EXPRESS- the time of his retirement, Rosedale High cial service agency—many involving child wel- ING SUPPORT FOR GOALS AND School held the state record for the most con- fare—have been zeroed out. The same is true IDEALS OF HUMAN GENOME secutive wins. for many other States. There is no question MONTH AND DNA DAY Mr. Young also led the track team to a State that States need federal help to improve their Track Championship in 1983. He won the ability to help and care for children in need. SPEECH OF ‘‘DVC Track Coach of the Year’’ award in These nationwide problems are why I am in- HON. SHEILA JACKSON-LEE 1983 and the ‘‘State Track Coach of the Year’’ troducing the Child Protection Services Work- OF TEXAS award the same year. force Improvement Act. It provides States with IN THE HOUSE OF REPRESENTATIVES Mr. Young was inducted into the Delta State $500 million in matching grants over 5 years Tuesday, June 10, 2003 University Alumni Coaches Hall of Fame in to improve these services where it is needed Ms. JACKSON-LEE of Texas, Mr. Speaker, 1999 and the Mississippi High School Coach- most: Increasing the number of qualified child es Hall of Fame in 2001. The Phi Beta Sigma let me join in with the gentleman from Florida welfare workers. States can use these match- and the gentleman from Ohio for their wisdom Fraternity awarded him in 2001 with a plaque ing grants for their private and public child for distinguished service rendered in the field in bringing this legislation to the floor, and cer- welfare agencies to: Reduce the turnover and tainly to the gentlewoman from New York, who of sports. He was the 2002 Bolivar Commer- vacancy rate of child welfare agencies, in- cial Coach of the Year and was in The Bolivar I enthusiastically join, along with the gen- crease education and training of child welfare tleman from Louisiana and the gentleman from Commercial Quarter Century Club in 2000. He workers, attract and retain qualified candidates was also Co-Coach of Year for the Delta Michigan on this important legislative initiative. and coordinate services with other agencies, H. Con. Res. 110 is a resolution that helps Democrat Times in 2002. improve child welfare workers’ wages, and in- to educate our colleagues but also it speaks He was an avid golfer and outdoorsman. He crease the number of child welfare workers, truth to the American people, and gives due was a member of the Delta State University recognition to a great accomplishment for hu- Athletic Alumni Association, Mississippi Asso- To retain qualified child welfare workers, my mankind. As a member of the House Com- ciation of Coaches, Donaldson Point Hunting bill also allows student loan forgiveness for mittee on Science, we spent many, many Club, Rosedale Country Club and Rosedale those who have been with an agency for at hours on the question of the human genome Methodist Church. Mr. Leland Young will be least two years. In order to improve the avail- and the Human Genome Project in particular. dearly missed by his community. ability of quality services, this legislation provides a 75 percent federal match to pay for Sequencing of the human genome as one of f training of private child welfare workers, which the most significant scientific accomplishments INTRODUCING THE CHILD PROTEC- is the same match rate provided to public child of the past 100 years and expressing support TION SERVICES WORKFORCE IM- welfare agencies. My bill also allocates fund- of the goals and ideals of the Human Genome PROVEMENT ing for child welfare agencies to provide short- Month and DNA Day really is a statement term mental health training to caseworkers. about life. It is a statement about the ability of the new HON. FORTNEY PETE STARK A recent General Accounting Office (GAO) science to be able, Mr. Speaker, to under- OF CALIFORNIA report found that child welfare workers are stand life, to help us understand where we IN THE HOUSE OF REPRESENTATIVES leaving the child welfare profession because came from, and how we fit into the world. It of low wages, risk of on the job violence, staff Wednesday, June 11, 2003 will also create improved health where that shortages, high caseloads, administrative bur- Mr. STARK. Mr. Speaker, I rise today to in- was not a possibility 10, 15, or 50 years ago. dens, lack of support from supervisors, and It is crucial as the human genome project troduce the Child Protection Services Work- lack of proper training for child welfare work- achieves its goal, and the essential completion force Improvement Act. This bill is aimed at ers and their supervisors. of the reference sequence of the human ge- helping states improve their child protection The high turnover rate and high caseloads nome carrying, that we begin to put our new services through grants and assistance that of child welfare workers limits the ability and knowledge to work. This has been a great in- allow them to expand and enhance their child efficiency of agencies to investigate and solve vestment, and the payoffs should benefit all of welfare workforce. problems of child abuse and neglect. For in- the American people. However, we must move Many State child protection agencies are stance, the study found that the above staff thoughtfully and cautiously. One of the chal- the last line of defense in caring for abused problems: Provides insufficient time for re- lenges that we have in this Congress is the and neglected children. Today, these agencies maining staff to establish critical trusting rela- whole question of human cloning. It is impor- are suffering from staffing problems that have tionships with the families and children which tant not to equate these projects—research on been compounded by budget cuts and inad- are important to make the necessary decisions the human genome DNA with the idea of the equate funding. The result in many cases is a to ensure safe and stable permanent place- creation of a human being. We can have one failure to meet the needs of the most vulner- ments; delays the timeliness of child abuse without the other. We should not be so afraid able children in our society. and neglect investigation; limits the frequency of creating monsters, that we do not attempt I am sure that many of my colleagues have of worker visits with children who are the vic- to create cures. seen in their local newspapers or heard of a tims or alleged victims of child abuse or ne- It is important now as we have begun or un- case where a child was severely abused or glect; and hampers agencies’ attainment of derstand the sequence that we allow this killed because a child protection agency ig- some key federal goals of ensuring the safety project to grow and to be utilized to help us nored dangers posed to a child by their foster of children and placing them in permanent determine the cures for diseases such as Par- family or adoptive parents. Just look at the homes either through adoption, kinship care or kinson’s, Alzheimer’s disease, diabetes, case of Indiana. A total of 70 kids died there reuniting them with their families. stroke, and yes, HIV/AIDS. The more we un- from abuse and neglect in July 2001 to July derstand about the human being and its The Child Welfare League of America, the 2002—this was a new State record. The U.S. makeup, the more we can create a better way Alliance for Children and Families, the Na- Department of Health and Human Service of life. Children Family and Service Review found tional Association of Social Workers, the Lu- We well know of our renowned fictional that the cause of this was in part due to the theran Services in America and the Catholic character Superman. Christopher Reeves, state child protection agencies failure to suffi- Charities of America have endorsed this bill. who was the embodiment of the man of steel, ciently reduce incidences of repeated mistreat- These organizations understand the needed has become a different kind of superman ment. It also warned that state budget cuts will support this legislation will provide State ef- today. He may be in a wheelchair, but he is further impact Indiana’s limited ability to track forts to help abused and neglected children. still making great bounds, trying time after such incidences. Please join with us in supporting the Child time with a number of efforts to find the cure In Colorado, State budget cuts have re- Protection Services Workforce Improvement for those who suffer spinal injuries, some of duced the size of foster care review teams to Act and provide much needed financial re- the most devastating injuries that we will face. the point that the State won’t be able to meet sources to our child welfare workforce to pro- As we look to the wounded who will be com- federal requirements that foster children be tect the most vulnerable children in our soci- ing home from the war in Iraq and Afghani- checked on at least twice a year. In Arizona, ety. Congress has a responsibility to respond stan, they will be coming home with major in- budget cuts there have led to 32 percent of to this urgent need. juries, some continuing to be life-threatening.

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.039 E11PT1 E1220 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 The greater knowledge of our ability to be able I join today with his wife, Lorie, and his himself served on the Roseville Joint Union to respond to those kinds of devastating inju- daughters, Jolene and Gretchen, in their joy at School District Board of Trustees. He also ries, physical injuries through weapons, the this wonderful honor he has received. He is a made a run for the California State Senate, better off we will be. The more we can find a symbol of all that is good in his profession and and in 1962, fell just 78 votes shy of becoming way to determine and fight against the war an inspiration to his community. Placer County Clerk. His involvement in and against bioterrorism, the better off we will be. And so, Mr. Speaker, we salute Thomas N. discussion of politics was one of his loves. Advances in these and many other fields will Jacobson. We express admiration he has re- However, his truest love remained his wife hinge on our ability to understand and manipu- ceived this wonderful and well-deserved honor of 57 years, Claire. She survives him, along late the human genome and its products. That and hope that others may recognize his good with their four children and seven grand- is why the Human Genome Project was such works in the community. children. These include daughter Leah and a great accomplishment, and why we should f son-in-law Mario; son Alan and daughter-in- continue to draw attention to this critical re- law Susan; son Aldo, Jr. and his wife Lesli; search through Human Genome Month and REMEMBERING MR. ALDO son Neil; and grandchildren Howard and Gina DNA Day. PINESCHI, SR. OF ROSEVILLE, Gibson; Matt, Michael, and Alina Pineschi; and This is an excellent resolution, Mr. Speaker, CALIFORNIA Evangeline and Anthony Pineschi. because it educates my colleagues and edu- Today, I join with Aldo Pineschi, Sr.’s family, cates the public. HON. JOHN T. DOOLITTLE friends, and community to commemorate his f OF CALIFORNIA life of committed service, good citizenship, and IN THE HOUSE OF REPRESENTATIVES uncommon decency. May he rest in peace. PERSONAL EXPLANATION Wednesday, June 11, 2003 f HON. SOLOMON P. ORTIZ Mr. DOOLITTLE. Mr. Speaker, today I wish IN RECOGNITION OF VIC SOOD ON HIS SERVICE TO THE LIVER- OF TEXAS to remember and honor an outstanding citizen, Mr. Aldo Pineschi, Sr., from the City of Rose- MORE AMADOR VALLEY TRAN- IN THE HOUSE OF REPRESENTATIVES ville, California. Following a lifetime of dedica- SIT AUTHORITY Wednesday, June 11, 2003 tion to family and community, Aldo Pineschi Mr. ORTIZ. Mr. Speaker, due to business in passed away on May 30, 2003. He was 79 HON. ELLEN O. TAUSCHER my district, I was unable to vote during the fol- years old. OF CALIFORNIA lowing rollcall votes. Had I been present I After his parents emigrated from Northern IN THE HOUSE OF REPRESENTATIVES would have voted: No. 244—‘‘no’’; No. 245— Italy and settled in Chicago, Aldo was born in Wednesday, June 11, 2003 ‘‘no’’; No. 246—‘‘yes’’; No. 247—‘‘yes’’; No. the Windy City in 1924. Three years later, the 248—‘‘yes.’’ Pineschi family relocated to Roseville, which Mrs. TAUSCHER. Mr. Speaker, I rise to pay f would remain Aldo’s home for the rest of his tribute to Vic Sood, General Manager of the life. Shortly after graduating from Roseville Livermore Amador Valley Transit Authority TRIBUTE TO THOMAS N. High School in 1942, he served in the United (LAVTA), as he prepares to retire after 32 JACOBSON States Army during World War II in England years of service in public transportation. For and France. He returned home in 1945 and his unyielding commitment and dedication to HON. JOE BACA wed Claire Bertolucci a year later. running what has become one of the most ef- OF CALIFORNIA Aldo began his professional life by going to fectively operated transit agencies in the entire IN THE HOUSE OF REPRESENTATIVES work for the Pacific Fruit Express (PFE) rail- Bay Area region, I would like to thank my road just as his father did. During the nearly good friend Vic Sood. The skillful craftsman- Wednesday, June 11, 2003 20 years he was with PFE, he also helped ship of his work will endure far into the future. Mr. BACA. Mr. Speaker, I rise to pay tribute raise his four children and attended college. Before moving to California, Vic Sood made to Thomas N. Jacobson, who recently won the He first attended Placer College (now Sierra many contributions to the public in the state of Rabbi Norman F. Feldheym Award for service College) and eventually completed his degree Washington. He was responsible for getting to our community. Mr. Jacobson is an indi- at California State University, Sacramento. He transit legislation passed into law in 1974 and vidual of great distinction, and we join with then went to work for Aerojet for several 1975, which allowed for the formation and fi- family and friends in honoring his remarkable years. nancing of new public transit systems, known achievements and expressing pride in this rec- In 1965, Aldo became the Personnel/Pur- as Public Transit Benefit Areas. ognition that has been afforded to him. chasing Manager for the City of Roseville. In September 1976, Vic Sood was ap- Thomas is a remarkable individual who has Then, from 1970 until his retirement in 1980, pointed to serve as the first Executive Director devoted his life to helping people throughout he served as Roseville’s Assistant City Man- of Community Transit after voters in Snoho- his community. His kindness and passionate ager. In this capacity, he helped set the stage mish County, Washington, approved a sales spirit render him a vital resource to his con- for Roseville’s transformation from a once- tax increase to finance the Snohomish County gregation and beloved community member. sleepy railroad town to what is now a vibrant, Public Transit Benefit Area Corporation in For the past 25 years, Thomas has dedi- well-planned community with award-winning June of that year. As a result of the legislation cated himself to the Congregation Emanu El, parks, law enforcement, and city management. which he had labored to get passed, many serving as Commission Chair, Legal Counsel, The City is also home to nationally-recog- new transit agencies were likewise created member of the Board of Managers of the nized, high-performing public schools. Its rail- throughout the state of Washington. Home of Eternity Cemetery, Secretary, Treas- road past blends with its newer high-tech in- While Executive Director of Snohomish urer, Vice President, and President. In these dustry and thriving commercial centers. Its County Community Transit, Vic Sood also capacities, he has been an integral contributor residential areas include dynamic new devel- served as President of the Washington State to the management and administration of Con- opments as well as historic neighborhoods. In Transit Association in 1982 and 1983 and gregational affairs, as well as a participant in short, Mr. Speaker, Roseville is a model com- served as a regional representative to the raising crucial funds for the Congregation. munity with a high quality of life and a bright American Public Transit Association’s (APTA) In addition to these contributions, Thomas horizon, and Aldo’s vision and hard work are Board of Directors in 1983 and 1984. has been a partner in the firm of Gresham, a large part of the reason why. Subsequent to the formation of LAVTA in Savage, Nolan & Tilden, receiving the highest In addition to his professional accomplish- May 1986, as a Joint Powers Agency of the possible evaluation of his profession for integ- ments, Aldo left a legacy of volunteer service. cities of Dublin, Pleasanton, Livermore and Al- rity and performance, and has taken a Many remember his years-long participation ameda County for the provision of public tran- proactive approach to leadership in the com- with the George Buljian Cooking Crew, a sit in the area, Vic Sood was hired as the munity. group of community leaders headed by a General Manager and started work in January Through his participation in countless activi- former mayor, who helped raise over one mil- 1986. ties and committees, Thomas has exhibited lion dollars for local charities by serving up LAVTA began operating with only nine kindness, love, humility, and a deep resolve to steak dinners. leased buses in 1986. Under Sood’s manage- ameliorate all aspects of community life, so it Aldo also played an active role in shaping ment and with a quickly growing Livermore is only appropriate that he receive Rabbi Nor- local politics, helping to elect numerous can- Valley, the system expanded to meet the man F. Feldheym Award. didates to local offices. In the late 1950s he area’s needs and by 1990 the agency had

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.042 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1221 placed an order for 34 new buses. By 1996, and to the Congress. Barry has built a reputa- is that OMB has not requested agency esti- LAVTA was serving one million passengers tion as a staunch guardian of budgetary integ- mates for each agency bureau and program, each year. In 2001, it was two million. LAVTA rity and honesty. He has helped to oversee as it does annually for its Information Collec- has grown to a fleet of 75 buses and 16 para- CBO during a tumultuous period of Federal tion Budget (paperwork budget) and for the transit vehicles during Vic Sood’s tenure. budgeting, and his advice and counsel will be President’s budget (fiscal budget). Currently, Vic Sood serves as a member of greatly missed. So, on the occasion of Barry In 1980, Congress passed the Paperwork APTA’s Legislative Committee, Transportation Anderson’s departure from CBO, I want to Reduction Act (PRA) and established an Of- Equity Act for the 21st Century (TEA–21) Task commend his many accomplishments and fice of Information and Regulatory Affairs Force and the Small Operators Steering Com- wish him well in the new challenges that await (OIRA) in OMB. By law, OIRA’s principal re- mittee. He is also a member of the Legislative him in the next phase of his distinguished ca- sponsibility is paperwork reduction. It is re- Committee of the California Transit Associa- reer. sponsible for guarding the public’s interest in minimizing costly, time-consuming, and intru- tion and a Board Member of RIDES for Bay f Area Commuters, Inc., the San Francisco Bay sive paperwork burden. In 1995, Congress Area Partnership Board and California Transit PAPERWORK AND REGULATORY passed amendments to the PRA and set gov- Insurance Pool. IMPROVEMENTS ACT OF 2003 ernment-wide paperwork reduction goals of 10 It has been my great pleasure to have or 5 percent per year from Fiscal Year (FY) worked with Vic Sood over the past seven HON. DOUG OSE 1996 to 2001. After annual increases in paperwork, instead of decreases, in 1998 Congress years on transit issues both local and regional OF CALIFORNIA required OMB to identify specific expected rein perspective. He has been a supportive col- IN THE HOUSE OF REPRESENTATIVES ductions in FYs 1999 and 2000. OMB’s result- league and a good friend. I wish him and his Wednesday, June 11, 2003 wife, Manu, good fortune in their future ening report was unacceptable. In response, in deavors together. Mr. OSE. Mr. Speaker, today, I rise to intro- 2000, Congress required OMB to evaluate Vic Sood has made a substantial and posi- duce a bill entitled the ‘‘Paperwork and Regu- major regulatory paperwork and identify spe- tive impact upon those communities for which latory Improvements Act of 2003.’’ I am cific expected reductions in regulatory paper- he has worked during his remarkable career. pleased to have six other original co-sponsors work in FYs 2001 and 2002. Again, OMB’s re- He has been an invaluable servant to the pub- of this bi-partisan legislation, including: JOHN sulting report was unacceptable. The bottom lic. His tireless efforts will not soon be forgot- TANNER; TOM DAVIS, Chairman of Government line is that, despite explicit statutory directives ten by those who worked with him or for him. Reform Committee; DENNIS MOORE; BILL to reduce paperwork burden on the public, It is with honor that I commend Vic Sood for JANKLOW, who is the Vice Chairman of my there have been seven years of increases in his service to the community and to the Liver- Subcommittee; JIM MATHESON; and, PAUL paperwork burden. more Amador Valley Transit Authority for over RYAN. The bill includes legislative changes to: Since I became Chairman of the Govern- ment Reform Subcommittee on Energy Policy, 17 years. (a) increase the probability of results in paperwork reduction, (b) assist Congress in its re- Natural Resources and Regulatory Affairs in f view of agency regulatory proposals, and (c) 2001, my Subcommittee has held multiple COMMENDING BARRY B. ANDER- improve regulatory accounting. hearings that form the basis for the provisions SON, DEPUTY DIRECTOR, CON- Background: In Fall 2001, the Small Busi- in the bill. These include a March 11, 2003 GRESSIONAL BUDGET OFFICE ness Administration released a report which hearing entitled ‘‘How To Improve Regulatory estimated that in 2000, Americans spent $843 Accounting: Costs, Benefits, and Impacts of HON. JIM NUSSLE billion to comply with Federal regulations. This Federal Regulations,’’ and an April 11, 2003 report concluded, ‘‘Had every household re- hearing entitled ‘‘Mid-Term Report Card: Is the OF IOWA Bush Administration Doing Enough on Paper- IN THE HOUSE OF REPRESENTATIVES ceived a bill for an equal share, each would have owed $8,164.’’ The Office of Manage- work Reduction?’’ The witnesses at these Wednesday, June 11, 2003 ment and Budget (OMB) estimates the Fed- hearings made several thoughtful rec- Mr. NUSSLE. Mr. Speaker, I rise today to eral paperwork burden on the public at over 8 ommendations, which are reflected in the bill. Bill: My bi-partisan bill makes improvements pay tribute to the longtime and exemplary pub- billion hours. The Internal Revenue Service in processes governing both paperwork and (IRS) accounts for 81 percent of the total. In lic service of Barry B. Anderson, Deputy Direc- regulations. With respect to paperwork, the bill tor of the Congressional Budget Office, CBO. its March 2002 draft regulatory accounting re- requires OMB to have at least two full-time Barry is leaving CBO to pursue new chal- port, OMB estimated that the price tag for all staff working solely on tax paperwork reduc- lenges as a fiscal advisor to the International paperwork imposed on the public is $230 bil- tion. Currently, there is only one OMB em- Monetary Fund. lion a year. ployee working part-time on tax paperwork Barry has been involved in Federal budg- Because of Congressional concern about even though IRS accounts for over 80 percent eting and program evaluation for more than 30 the increasing costs and incompletely esti- of all government-imposed paperwork. In July years. He began his career in 1972 with the mated benefits of Federal rules and paper- 2002, the Appropriations Committee included General Accounting Office. In 1980, he moved work, in 1996 Congress required OMB to sub- a directive to OMB in House Report 107–575, to the Office of Management and Budget, mit its first regulatory accounting report. In which accompanied its 2003 Treasury-Postal OMB, where he was a budget examiner for 1998, Congress changed the annual report’s Appropriations bill, to focus more of OMB staff various programs. In 1988, he was promoted due date to coincide with the President’s attention on reducing IRS paperwork. In addi- to the senior career civil servant position in budget. Congress established this simulta- tion, I have repeatedly asked OMB to increase OMB, which he held for 10 years. He was re- neous deadline so that Congress and the pub- its staff effort devoted to tax paperwork to no sponsible for directing the analysis and the lic would have an opportunity to simulta- avail. production of the President’s budget under the neously review both the on-budget and off- Also, the bill removes unjustified exemptions administrations of Presidents Reagan, Bush, budget costs associated with each Federal from various paperwork review and regulatory and Clinton. agency imposing regulatory or paperwork bur- due process requirements in the Farm Secu- In 1999, Barry joined CBO as the Deputy dens on the public. In 2000, Congress re- rity and Rural Investment Act of 2002. This Director under Dan L. Crippen. In that capac- quired OMB to permanently submit an annual law exempted certain Department of Agri- ity, he directed the operations of the agency, regulatory accounting report. This provision re- culture regulations both from the Administra- helping CBO to build a stronger staff, obtain quires OMB to estimate the total annual costs tive Procedure Act’s due process protections better access to data, and improve administra- and benefits for all Federal rules and paper- for affected parties and the PRA’s required re- tive processes. He testified on budget trends work in the aggregate, by agency, by agency view and approval by OMB. Under the PRA, and conceptual budget issues, and rep- program, and by major rule, and to include an OMB is charged with assuring practical utility resented the United States at the Organization associated report on the impacts of Federal to all information collections imposed on the of Economic Cooperation and Development. In rules and paperwork on certain groups, such public. Also, the PRA includes a public protec- January of this year, Barry served briefly as as small business. tion clause, which assures that the public can- the Acting Director of CBO. From September 1997 to February 2003, not be penalized for not providing information During his tenure as CBO’s Deputy and Act- OMB issued five final and one draft regulatory in unauthorized paperwork. The Department of ing Director, Barry’s expertise, experience, accounting reports. All six failed to meet some Agriculture has one of the worst track records and broad knowledge of the Federal budget or all of the statutorily-required content rein terms of compliance with the PRA. The leg- proved invaluable to the Budget Committee quirements. Part of the reason for this failure islative history for this 2002 law includes no

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.046 E11PT1 E1222 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 justification for this significant change in regu- Avenue, just across the street from iting congressional oversight of the CIA yet latory and paperwork promulgation proce- Villa Roma Pizza and Oak Park Lanes disagreed with Carter’s emphasis on human dures. on Milwaukee’s South Side. Or you rights as a determining factor in providing might know of him if you visit the Am- foreign aid. With respect to regulations, the bill makes Zablocki became chairman of the full com- permanent the authorization for the General bulatory Care Wing at the Polish- mittee as Ronald Reagan became president Accounting Office (GAO) to respond to Con- American Hospital in Krakow, Poland. in 1981. While Reagan stressed defense prior- gressional requests for an independent eval- Yet he left an important mark in U.S. for- ities in foreign assistance programs, Za- uation of selective agency regulatory pro- eign affairs that all presidents follow, in blocki emphasized direct economic aid to the posals. To date, GAO has not hired staff for spirit if not approval. He was also a model poorest regions. Eventually he provided a for his party who predated the Sen. Henry this function since the law only authorized a 3- compromise on key issues that bolstered ‘‘Scoop’’ Jackson (D-Wash.) pro-defense strategic concerns while building stronger year pilot project. To assume oversight re- Democrats of the ’70s and is again becoming economies abroad. Zablocki was also able to sponsibility for Federal regulations, Congress fashionable in an age of terrorism and pre- pass a rare two-year aid authorization pack- needs to be armed with an independent eval- emption. age in 1981. uation. What is needed is an analysis of legis- The first thing most people noticed about Though supportive of Reagan’s Caribbean lative history, e.g., to see if there is a non-del- Rep. Clement J. Zablocki (D-Wis.) was how Basin Initiative, Zablocki differed with egation problem or backdoor legislating. In- unnoticeable he was. With a dark, Thomas Reagan on nuclear-proliferation policy. structed by GAO’s independent evaluations, Dewey-like mustache, the short, squat, reti- Later, when it became apparent that the ad- cent man looked more like a church organist ministration was supporting Nicaraguan in- Congress will be better equipped to review or a high school teacher than a congressman. surgents, which the House majority felt was final agency rules under the Congressional He was, of course, both before being elected ill-conceived, he co-wrote the amendment Review Act. More importantly, Congress will to the Wisconsin Senate in 1942. In 1948, he that cut off assistance to the Contras. be better equipped to submit timely and was elected to the U.S. House of Representa- Though better known today as the Boland knowledgeable comments on proposed rules tives, and he was re-elected by large majori- Amendment, it was officially the Boland-Za- during the public comment period. ties until his death in 1983. blocki Amendment. The administration’s In addition, the bill requires certain changes Zablocki became one of Wisconsin’s most surreptitious reaction to that led to the popular and endearing politicians. His Mil- Iran-Contra scandal that roiled the Gipper. to improve regulatory accounting. These in- The unimposing, diminutive man from a clude: (a) requiring Federal agencies to annu- waukee district was the core of city’s Catho- lic. Polish-American community, and he re- working-class district tempered executive ally submit estimates of the costs and benefits flected the working-class patriotism and mo- authority while increasing the prestige of associated with the Federal rules and paper- rality of the second- and third-generation both his committee and the House. He also work for each of their agency programs; (b) Eastern European-immigrant community. provided a timeless lesson in how the opposi- requiring OMB’s regulatory accounting state- As such, he valued hard work and was tion party may boldly assert itself in mat- ment to cover the same 7–year time series as staunchly anti-Communist and religiously ters of foreign policy without sacrificing the President’s budget; (c) requiring integra- conservative. Yet his standing with liberal principle in matters of national security or compassion. The Reagan Democrats were tion into the President’s budget; and (d) estab- groups especially on economic matters and on important issues in foreign policy was named for voters such as his constituents, lishing pilot projects for regulatory budgeting. but they never left Clem Zablocki. Currently, the economic impacts of Federal generally higher than with conservative groups. f regulation receive much less scrutiny than pro- It is, however, in foreign policy that Za- grams in the fiscal budget. Requiring OMB blocki’s legacy remains. RECOGNIZING SERGEANT presentation using the same time series as Since his first term in Congress, Zablocki ATANASIO HARO MARIN the fiscal budget and being fully integrated into was a member of what was then called the the fiscal budget documents, Congress will be Foreign Affairs Committee, not considered a HON. HILDA L. SOLIS prize committee assignment then—or now, better able to simultaneously review both the OF CALIFORNIA on-budget and off-budget costs associated for that matter. It remained his only major IN THE HOUSE OF REPRESENTATIVES with each Federal agency imposing regulatory committee throughout his long tenure in the House. or paperwork burdens on the public. Lastly, Wednesday, June 11, 2003 He became an expert on a broad range of the bill includes a pilot test to determine the international issues and, over time, was able Ms. SOLIS. Mr. Speaker, I rise today to feasibility of regulatory budgeting. This vehicle to blend his pro-Western, Cold War perspec- honor and remember Sergeant Atanasio Haro would help ensure that agencies address the tives with an understanding of the more lib- Marin who lost his life in service to our nation worst societal problems first. eral views of Democrats who joined the com- during Operation Iraqi Freedom. Sergeant I believe that the public expects and de- mittee in the ’60s. Even so, he was an advo- Haro Marin was a member of Battery C, 3rd serves paperwork reduction results. In addi- cate of American intervention in Vietnam as Battalion, 16th Field Artillery, 4th Infantry Divi- tion, I believe that the public has the right to chairman of the Subcommittee on Asian and sion (Mechanized) of Fort Hood, Texas, and Pacific Affairs between 1959 and 1969. know if it is getting its money’s worth from was from Baldwin Park, CA. As escalation continued in Vietnam with- Sergeant Haro Marin exemplified the very Federal regulation. out appreciable results. Zablocki began to best of our great nation. He represents the f judiciously question the strategy and the information he and fellow committee members spirit of the brave soldier, exhibiting courage, CLEMENT ZABLOCKI, THE ORIGI- were receiving from the White House and the selfless service, and honor beyond measure. NAL DEMOCRAT FROM THE Defense Department. In the early ’70s, he led His heroic actions have contributed to the REAGAN ERA the House effort to reassert congressional safety, freedom, and security of our nation, authority in foreign policy decision-making. Iraq, and the world. By then, Zablocki was chairman of the I would like to extend my sincerest sym- HON. GERALD D. KLECZKA Subcommittee on National Security Policy pathy and condolences to the family and OF WISCONSIN and Scientific Developments. He became friends of Sergeant Haro Marin, and would ask floor manager of a 1971 resolution directing IN THE HOUSE OF REPRESENTATIVES the president to consult with Congress before that all Americans join me in remembering our Wednesday, June 11, 2003 committing troops ‘‘whenever feasible.’’ A soldiers and their loved ones during these year, later he sponsored another resolution challenging times. Mr. KLECZKA. Mr. Speaker, I wish to enter without the qualifier. The House passed both Though Sergeant Haro Marin has passed, into the CONGRESSIONAL RECORD an article but the Senate took no action. his spirit remains in the freedom that each and that appeared in the April 29, 2003 issue of In 1973, with President Nixon weakened every American enjoys. Through his valiancy, The Hill. This piece, written by John Komacki from revelations of the Watergate scandal, bravery, and fearless commitment to the details the career and legacy of my prede- the House and Senate passed the War Powers Armed Services of our nation, many lives have cessor in Congress, U.S. Rep. Clem Zablocki. Resolution, restricting the executive been touched. Our nation is privileged to have warmaking power over Nixon’s veto. CLEMENT ZABLOCKI: THE ORIGINAL DEMOCRAT Though preferring close scrutiny of most service men and women like Sergeant Haro FROM THE REAGAN ERA presidential actions, Zablocki still favored Marin willing to risk their lives for the greater He is now all but forgotten unless executive flexibility, especially in intel- good of our country. I urge my colleagues to you stop at the branch public library ligence and security matters. He supported join me in remembering the life of Sergeant on the corner of 35th and Oklahoma President Jimmy Carter’s position on lim- Atanasio Haro Marin.

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JN8.049 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1223 HONORING THE LIFE AND ACCOM- dedicated his life to ensure the freedom and IN HONOR OF THE RETIREMENT PLISHMENTS OF WILLIAM STILL, survival of others. In addition, I offer my sin- OF DR. ANNA JOHNSON-WINEGAR ‘‘FATHER OF THE UNDERGROUND cere admiration and appreciation to the Wil- RAILROAD’’ liam Still Underground Railroad Foundation for HON. JIM SAXTON planning and sponsoring the first annual Na- OF NEW JERSEY HON. ROBERT E. ANDREWS tional Underground Railroad Family Reunion IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY Festival. Wednesday, June 11, 2003 IN THE HOUSE OF REPRESENTATIVES Mr. SAXTON. Mr. Speaker, today I rise to f Wednesday, June 11, 2003 honor the retirement of Dr. Anna Johnson- Mr. ANDREWS. Mr. Speaker, I rise today to COMMENDING ELROY CHRIS- Winegar after 3 years of public service. Dr. pay tribute to the memory of Mr. William Still TOPHER AND CLAYTON GUYTON Johnson-Winegar led a distinguished career, and to celebrate the upcoming National Un- FOR ACHIEVING A 2003 ROBERT culminating as the Deputy Assistant to the derground Railroad Family Reunion Festival. WOOD JOHNSON COMMUNITY Secretary of Defense for Chemical and Bio- Mr. Still, known as the ‘‘Father of the Under- HEALTH LEADERSHIP PROGRAM logical Defense. In this position, Dr. Johnson- ground Railroad,’’ was one of the primary ar- (CHLP) AWARD Winegar served as the focal point within the chitects of the legendary passage that as- Office of the Secretary of Defense for all sisted slaves in achieving their long sought issues related to the highly critical Chemical freedom in the North. HON. ELIJAH E. CUMMINGS and Biological Defense Program. From early childhood, William Still worked Dr. Johnson-Winegar received a Bachelor of on his father’s farm in Burlington County, New OF MARYLAND Arts degree in Biology from Hood College, and Jersey. When he was 23, he left the family IN THE HOUSE OF REPRESENTATIVES Masters of Science and Ph.D. degrees in farm for Philadelphia, arriving poor and friend- Microbiology from Catholic University of Amer- less. But, as a testament to his determined Wednesday, June 11, 2003 ica. Along her career, she has served at the nature and a foreshadowing of his future suc- Army Medical Research and Materiel Com- Mr. CUMMINGS. Mr. Speaker, I rise today cess, Mr. Still taught himself to read so by mand, the Office of the Director, Defense Re- to congratulate, Elroy Christopher and Clayton 1847, he was able to hold a secretarial posi- search and Engineering, and the Office of Guyton, who stood up to drug dealers and tion in the Pennsylvania Society for the Aboli- Naval Research. She also participated as a bi- opened a community center in their Baltimore tion of Slavery. While in this position, Mr. Still ological weapons inspector in Iraq for the neighborhood to save it from the ravages of became directly involved in assisting African- United Nations Special Commission, crime and addiction. Mr. Christopher and Mr. Americans with their escape from the institu- UNSCOM. In 1998 she received the Lifetime Guyton are among an elite group of individ- tion of slavery, and was able to provide board- Achievement Award from Women in Science uals from across the country selected this year ing for many of the fugitives who rested in and Engineering. Dr. Johnson-Winegar came to receive a Robert Wood Johnson Commu- Philadelphia before continuing their journey to to her current position in October 1999. Canada. nity Health Leadership Program (CHLP) award In response to the President’s emerging de- William Still became well known for his hard of $120,000. fense strategy, coupled with the events of work and dedication, and in 1951 when Phila- Elroy and Clayton met while doing volunteer September 11, 2001, Dr. Johnson-Winegar delphia abolitionists organized the Vigilance grassroots work to change the environment of spearheaded a paradigm shift within the De- Committee to assist fugitives traveling through crime and drug abuse in Baltimore. In 1999, partment of Defense Chemical Biological De- the city, Mr. Still was elected chairman. During they combined forces to open the Rose Street fense Program. Under her leadership and ex- this time, Mr. Still used his house as one of Community Center in an abandoned row pertise, defending our men and women in uni- the busiest stations on the Underground Rail- house and ‘‘take back’’ the predominantly Afri- form against the threat of biological and chem- road, being awoken endlessly and tirelessly can-American neighborhood from drug dealers ical attack has taken on a heightened priority throughout the night to provide fugitives with who sold their wares openly on the street cor- at the forefront of defense planning. She has clothing and food. By some estimates, Mr. Still ner. Their goal was to create a ‘‘civil life’’ on lead the effort to improve the overall capability helped a total of 649 slaves obtain freedom. In the street where children could play safely and to defend against weapons of mass destruc- addition, Mr. Still interviewed the fleeing all residents could live without fear. tion, from increasing and focusing research ef- slaves, including the famous conductor, Har- forts which identify and mature promising new riet Tubman, and kept careful records so that Despite regular threats, Elroy and Clayton continue to work with residents to help them technologies, to fielding tested and proven families and friends would be able to locate equipment to the warfighter engaged in on- their relatives in the future. The result was his get addiction treatment and job training. They run a tutoring program for youths in coopera- going operations worldwide. In an era of in- 1872 publication, The Underground Railroad; creasing global threat, Dr. Johnson-Winegar a seminal work documenting the perilous jour- tion with nearby Johns Hopkins Hospital, they help organize computer workshops and Bible has helped shape how this Nation will defend neys slaves took for freedom. both itself and its soldiers, sailors, airmen and In addition to his work on the Underground study classes, and sponsor community events marines against the threat of chemical and bi- Railroad, Mr. Still, an active member of the such as cookouts and tree plantings. ological warfare agents. We honor Dr. John- Presbyterian Church, established a Mission They also created a program for court-orson-Winegar as a true patriot whose many ac- School in North Philadelphia and organized dered community service participants in which complishments serving our country have one of the early YMCAs for black youth. minor offenders clean up the streets in lieu of helped keep this Nation strong and secure. Through these efforts, Mr. Still helped African- jail time. In the past two years, they have American youth embrace their newfound free- helped 100 men re-enter the community after f dom, and it was with his strong leadership that being in prison. FACTS, NOT POLITICAL CORRECT- the African-American community successfully ‘‘Before these two men began their work, NESS, SHOULD DETERMINE MILI- made the difficult transition from the cruelty of Rose Street was a drug haven with open-air TARY PERSONNEL POLICIES slavery to the joys of emancipation. drug markets, intimidation of law-abiding citi- In honor of his esteemed and gracious zens, and violence and murder,’’ said their HON. ROSCOE G. BARTLETT work, the William Still Underground Railroad nominator, Polly Walker, Associate Director, OF MARYLAND Foundation, Inc., as requested by the Harriet Center for a Livable Future. ‘‘Theirs is a sin- IN THE HOUSE OF REPRESENTATIVES Tubman Historical Society, is sponsoring the gle-minded commitment to help others escape first annual National Underground Railroad Wednesday, June 11, 2003 the cycle of poverty, drug and alcohol addic- Family Reunion Festival to take place in Cam- Mr. BARTLETT of Maryland. Mr. Speaker: tion, and crime.’’ den, NJ and Philadelphia, PA from June 27– The men and women who serve in America’s 29, 2003. The three-day celebration will re- Mr. Speaker, I proudly ask you to join me in Armed Services performed exceptionally well unite descendants of conductors, abolitionists, commending Elroy Christopher and Clayton during Operation Iraqi Freedom. stationmasters, fugitives, and all those whose Guyton for their accomplishments in founding During the three weeks of initial heavy com- ancestors were associated with the Under- the Rose Street Community Center and for bat, members of the Army’s 507th Mainte- ground Railroad in a public arena. their efforts put forth in achieving a 2003 Rob- nance Unit were ambushed along the lengthy Mr. Speaker, I ask that my colleagues join ert Wood Johnson Community Health Leader- supply lines within Iraq. The death, brief imme in honoring Mr. William Still, a man who ship Program (CHLP) award. prisonment, and serious injuries to three

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.054 E11PT1 E1224 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 women in that unit briefly captured the atten- All of these documents ask tough questions barracks activities, and ‘‘no talk, no touch’’ tion of the world. about the impact, costs and consequences of rules, which interfere with informal contacts Pfc. Lori Piestewa, a single mother of two between recruits and instructors. current military personnel policies concerning No evidence of objectively measured posi- toddlers, a 3-year old and a 4-year old, was the assignments of men and women. A num- tive benefits from GIBT, and no evidence killed in the attack. Pfc. Piestewa had joined ber of significant changes in military personnel that restoration of separate gender training the military 2 years earlier after being di- policies affecting men and women were adopt- would have negative consequences for women vorced. ed during the previous administration. These or men. Spec. Shoshana Johnson, a single mother policy changes did not receive public attention An admittedly ‘‘inefficient’’ method of basic training that produces little or no tan- of a 2-year old, had joined the Army to gain or scrutiny until Operation Enduring Freedom experience as a cook. She was held briefly as gible benefits cannot be described as ‘‘effec- and Operation Iraqi Freedom. tive’’ in military terms. This is especially so a POW. In gross violation of the Geneva Con- It is not an exaggeration to say that among when findings of two major blue ribbon com- vention, the Iraqis videotaped and distributed policy makers, at least for the public record, missions on co-ed basic training have indi- footage of the clearly terrified Spec. Johnson there has been a reluctance to ask, let alone cated otherwise. and her fellow American captives being inter- endeavor to discover the answers to these GIBT was implemented administratively in 1994. It is possible to restore superior gen- rogated. tough questions. This is a mistake. Pfc. Jessica Lynch joined the military to der-separate basic training, which is both ef- The fear that the facts that we might dis- ficient and effective in military terms, in the earn educational benefits to fulfill her dream of cover about the real world impact of changes becoming a teacher. She is now recovering same way. For the sake of military effi- in military personnel policies might prove in- ciency and the best interests of Army men from serious injuries following her rescue from convenient or politically incorrect is no jus- and women, this should be done without fur- an Iraqi hospital by American Special Forces. tification for ignoring the necessity to do so. ther delay. Spec. Johnson’s family was shocked to find 1. The need for women in the military is From my previous work as a scientist and en- out that her Army career as a cook for a Main- unquestioned and not relevant to the issue of tenance Unit placed her in harm’s way within gineer and now as a Member of Congress, I Gender-Integrated Training. The real ques- enemy territory during the invasion of Iraq. It believe public policies should be grounded in tion is whether it makes sense to retain an was news to millions of Americans that military facts, not wishful thinking. This is especially expensive, inefficient form of Army training that offers minimal benefits in terms of mili- personnel policies deliberately assign women true with respect to military personnel polices. We, as public policy makers, owe the indi- tary necessity. to serve in units that are routinely deployed in The Final Report of the 1999 Congressional harm’s way. vidual men and women who sacrifice so much Commission on Military Training and Gen- As a scientist, I believe that government to serve in our military personnel policies that der-Related Issues noted that ‘‘Whether [gen- policies should be based upon facts. The facts will enhance their capability to achieve the der-integrated basic training] improves the are that men and women are different. As the military’s mission and to protect their lives. We readiness of the performance of the oper- only Member of Congress with a Ph.D. in can never forget that military service is a pro- ational force is subjective.’’ fession where the stakes can not be higher or A close look at data and testimony gath- Human Physiology, I can assert this as a mat- ered by this and other recent studies indi- ter of scientific fact. However, you don’t need have graver consequences. cate that there are no significant benefits to be a scientist to know this is true. It is basic I hope the material I have submitted for from gender integrated basic training, but common sense. publication in the CONGRESSIONAL RECORD en- many problems and complications that de- The military is a profession where the courages a vigorous inquiry and debate about tract from the primary purpose of GIBT. stakes involved are a matter of life and death. military personnel policies by both the public 2. The only argument offered by TRADOC and government officials. in 2002 in favor of retaining GIBT is that On a battlefield, the differences between men male and female recruits prefer training to- and women have potentially life and death ARMY GENDER-INTEGRATED BASIC TRAINING gether for social reasons. consequences. I would like to submit for the (GIBT)—SUMMARY OF RELEVANT FINDINGS Young people entering the services today record and edification of my colleagues and AND RECOMMENDATIONS: 1993–2002 are more ‘‘gender-aware’’ than generations the nation a number of documents examining In a slide presentation prepared for presen- past, and making recruits happy is not the the evidence of the impact of the differences tation to the Secretary of the Army on purpose of basic training. Three years after between men and women on the battlefield. March 22, 2002, the Army Training and Doc- the return of GIBT, sensational sex scandals Most of the documents have been orga- trine Command claimed that GIBT is ‘‘effec- involving everything from sexual abuse to consensual but exploitive relationships be- nized by Ms. Elaine Donnelly, the President of tive’’ in terms of social benefits. TRADOC also conceded that gender-integrated basic tween cadre and junior trainees made head- the Center for Military Readiness, an inde- training (GIBT) is an ‘‘inefficient’’ format lines nationwide. pendent public policy organization that special- for basic instruction of recruits. Inefficien- The 1997 Federal Advisory Committee on izes in military personnel issues. Ms. Donnelly cies associated with GIBT, some of which Gender-Integrated Training and Related is also a former member of the 1992 Presi- were admitted but downplayed by TRADOC Issues, headed by former Kansas Senator dential Commission on the Assignment of in March 2002, include the following: Nancy Kassebaum Baker, found that ‘‘. . . Women in the Armed Forces, and of the De- Less discipline, less unit cohesion, and the present organizational structure in integrated basic training is resulting in less dis- fense Advisory Committee on Women in the more distraction from training programs. Voluntary and involuntary misconduct, cipline, less unit cohesion, and more distrac- Services (DACOWITS, 1984–86). For addition from training programs.’’ tional information, you may log onto the CMR due to an emotionally volatile environment for which leaders and recruits are unpre- The Kassebaum Baker Commission, whose website: www.cmrlink.org. pared. members were largely independent and free Included among these documents are: Higher physical injury and sick call rates of conflicts of interest, voted unanimously that gender-integrated basic training should ‘‘Army Gender-Integrated Basic Training that detract from primary training objec- be discontinued. (GIBT)—Summary of Relevant Findings and tives. 3. The 1999 Congressional Commission re- Recommendations: 1993–2002.’’ Additional ar- Diversion from essential training time due ported abundant evidence of inappropriate ticles from major news organizations include: to interpersonal distractions and the need relationships and distractions in GIBT. ‘‘No More GI Orphans,’’ Editorial, The Boston for an extra week of costly ‘‘sensitivity The Congressional Commission report cat- Globe, April 9, 2003; ‘‘Mothers at War,’’ Edi- training.’’ aloged numerous policies and practices, torial, The Washington Post, March 25, 2003; A perceived decline in the overall quality made necessary by GIBT, which create inef- and discipline of GIBT; lack of confidence in ‘‘Mothers At Sea,’’ Editorial, The Wall Street ficiencies and detract from concentration. the abilities of fellow soldiers; and the need These include separate changing rooms, loss Journal, December 3, 1999. to provide remedial instruction to com- I am also including an article by Anita of informal counseling opportunities (due to pensate for military skills not learned in the need to meet in the presence of a ‘‘battle Ramasastry, ‘‘What Happens When GI Jane is basic training. buddy’’ on neutral territory), differences in Captured: Women Prisoners of War and the Re-defined or lowered standards, gender- needs and abilities, the need to enforce ‘‘no Geneva Conventions,’’ April 2, 2003. Ms. normed scores, and elimination of physically talk, no touch’’ rules, and miscommunica- Ramasastry is an Assistant Professor of Law demanding exercises so that women will suc- tions due to lost messages between platoon at the University of Washington School of Law ceed. leaders. All have placed great stress on al- in Seattle and the Associate Director of the Additional stress on instructors who must ready overburdened instructors. deal with different physical abilities and Collateral policies introduced to cope with Shidler Center for Law, Commerce & Tech- psychological needs of male and female re- these distractions make it more difficult for nology. cruits. instructors to enforce necessary discipline. I hope these documents will encourage our Contrivances to reduce the risk of scandal, For example, special ‘‘hot lines’’ set up to re- nation and policy makers to address this im- such as changing rooms, extra security ceive anonymous complaints have ruined ca- portant issue. equipment and personnel hours to monitor reers, caused several suicides, and driven a

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JN8.058 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1225 wedge between Army men and women. Toler- study the issue of sexual harassment. The commensurate with wartime demands, in oc- ance of false or exaggerated accusations is as SRP was staunchly supportive of Secretary cupations rated from light to very heavy. In demoralizing as sexual misconduct itself. West’s policies (which several members had both instances, tests showed that most 4. Problems associated with gender-inte- helped to formulate), but nonetheless re- women were unable to meet the standards grated basic training (GIBT) cannot be reported disturbing findings. for nearly 70% of Army occupational special- solved with ‘‘leadership’’ or ‘‘sensitivity Among men surveyed, 60% were either ties. The recommendations were never im- training’’ alone. ‘‘not sure’’ or ‘‘disagreed’’ that ‘‘The soldiers plemented as planned because the former De- Continuing a program that increases costs in this company have enough skills that 1 fense Advisory Committee on Women in the and complicates the training mission, while would trust them with my life in combat. ‘‘ Services (DACOWITS) complained that such providing minimal benefits, is not respon- The combined figure for women was 74%. In systems would have a ‘‘disproportionate im- sible leadership. Military policy makers response to ‘‘If we went to war tomorrow, I pact’’ on the careers of female soldiers. should establish basic training programs would feel good about going with this com- 10. Numerous military and civilian studies that encourage discipline, rather than indis- pany,’’ 63% of the men said they weren’t sure done in the United States and in other coun- cipline. or disagreed, while 76% of the women said tries have documented significant dif- Excessive ‘‘sensitivity/diversity’’ training the same. ferences in male and female physiology that has become a jobs program for civilian A 1997 congressionally authorized RAND are relevant to military performance. ‘‘equal opportunity’’ consultants, paid for study on GIBT was released in an edited Numerous American studies have con- with funds diverted from more essential version that differed greatly from the origi- firmed that in general, women are shorter, military training. When the 1997 Army Sen- nal draft. RAND originally found, for exam- weigh less, and have less muscle mass and ior Review Panel (SRP) recommended an ple, that gender-norming reduces female in- greater relative fat content than men. extra week of sensitivity or ‘‘values’’ edu- juries but heightens resentment of double Women are at a distinct disadvantage be- cation to counter sexual harassment, Army standards and degrades morale. In the chap- cause dynamic upper torso muscular Times estimated the cost to be equivalent to ter on ‘‘cohesion,’’ the study declared ‘‘suc- strength is approximately 50–60% that of that of three battalions of soldiers in the cess’’ under a civilianized ‘‘workplace’’ defi- males, and aerobic capacity (important for field. nition, instead of the classic principle that endurance) is approximately 70–75% that of Given today’s threat environment, the sub- ‘‘. . . group members must meet all stand- males. stantial amount of time devoted to sensi- ards of performance and behavior in order A test of Army recruits found that women tivity training in basic training might be not to threaten group survival.’’ had a 2.13 times greater risk for lower ex- better spent on potentially life-saving train- 7. There is no empirical evidence that tremity injuries and a 4.71 times greater risk ing in areas such as antiterrorism and force GIBT improves the quality of military train- for stress fractures. Men sustained 99 days of protection. ing for male or female trainees. limited duty due to injury while women in- 5. Higher physical injury and sick call According to surveys conducted by the curred 481 days of limited duty. rates among female trainees create serious Congressional Commission, 48% of Army re- In the United Kingdom, major studies were ‘‘inefficiencies’’ that detract from the pri- cruit trainers said that the quality of basic ordered in 1998 to ascertain the feasibility of mary goal of basic training. training declines when men and women are co-ed basic training. Army doctors found Prof. Charles Moskos, a respected military in the same units. that eight times as many women as men sociologist and member of the Congressional When asked about the current quality of were being discharged during basic training, Commission, wrote in the panel’s Final Re- entry-level graduates compared to five years due to injury rates that doubled following port: ‘‘I am particularly perturbed by the ago, 74% of Army leaders who responded to the introduction of identical training pro- high physical injury rate of women trainees the survey indicated that ‘‘Overall quality’’ grams for both sexes. Differences in compared to men. Likewise, I am put off by had declined, and 80% said that ‘‘Discipline’’ strength, bone mass, stride length and lower the double-talk in training standards that had declined. body bone structure caused women to suffer often obscures physical strength differences 8. GIBT always requires adjustments in disproportionately from Achilles tendon between men and women. The extraor- standards to accommodate physical dif- problems, knee, back and leg pain, and frac- dinarily high dropout rate of women in IET ferences. Gender-normed qualification re- tures of the tibia, foot, and hip. cannot be overlooked (nor should the fact quirements reduce excessive stress fractures The ‘‘gender-free’’ system was ended in that females are more than twice as likely to and other injuries among female trainees, January 2002 because stress fractures for be non-deployable than are male but also have the effect of making training women rose from 4.6% to 11.1%, compared to servicemembers) The bottom line must be less rigorous for men. less than 1.5% for male trainees. what improves military readiness.’’ Training standards frequently measure 11. Contrary to the claims of GIBT pro- In Great Britain in 1997, Army commander ‘‘team’’ accomplishments rather than indi- ponents, studies conducted by the Army Re- noted that co-ed basic training was causing vidual performance, which contributes to search Institute (ARI) in 1993–1995 did not many young women to drop out early, due to mutual trust, teamwork, and genuine unit confirm that mixed training produced better injuries to their lower limbs. Restoration of cohesion. Under this concept, which is results. all female platoons for a one-year trial in stressed in the TRADOC slide presentation, After a 1993 pilot test at Fort Jackson, SC, 1996 reduced women’s injury rates by 50%, stronger members fill in for weaker ones, commanders recommended the continuance and first-time pass rates increased from 50% and recognition is given for ‘‘equal effort’’ of gender-separate training because they ob- to 70%. Incidents of sexual misconduct be- rather than equal accomplishment. served no improvements in fitness and mili- tween instructors and recruits also decreased This means that some trainees are allowed tary proficiency for men or women. significantly. Col. Simon Vandeleur, com- to graduate simply by trying to accomplish Later in 1993, the Army ordered a new 3- manding officer of the Army Training Regi- given training tasks, such as scaling high year study from ARI, this time to include an ment at Pirbright, Surrey, said that the walls or throwing practice grenades, even if assessment of soldiers’ attitudes toward move to train women separately ‘‘started as they do not succeed. Claims that women’s mixed or separate training. Inquiries cen- a trial, but has continued unquestioned, due training is ‘‘exactly the same as men’’ ignore tered on measures of social/psychological in- to its success.’’ the reality of gender-normed scores and terest (i.e., how well do people get along to- Recent Army figures indicate that female qualification standards that are inherently gether?) instead of measures of military in- soldiers take sick calls at rates double those demoralizing. terest (i.e., how well will people trained in of men. The concept is inherently dubious, since this way fulfill their duties, especially under Extensive tests conducted with ROTC ca- trainees know that there are extra step crisis conditions?) dets indicate that a wide gap exists between stools, protective barriers, or gender-normed The latter 1993 ARI study proclaimed GIBT the physical performance and potential of scores on the battlefield. Attempts to ignore superior because it was found in separate- men and women. Among other things, testi- that reality have hurt the credibility of gender focus groups that the morale of mony and charts prepared by training expert Army leadership. women improved by 14 points. At the same Dr. William J. Gregor indicate that only 9. There is no evidence that GIBT would be time, however, the men’s morale dropped by 2.5% of female ROTC cadets were able to at- more successful if women are actually ‘‘held 17 points. The gap narrowed somewhat when tain the male mean score on the 2-mile run, to the same high standards as men.’’ subsequent focus groups were gender-mixed. and only 4.5% could do so on the strength This argument disregards the effect of po- ARI questions still focused on ‘‘touchy- test. Only 19% of all cadet women achieved litical pressures from feminists who demand feely’’ questions, i.e., whether others want to the minimum level of aerobic fitness set for ‘‘equality,’’ but are the first to demand do a good job.’’ men. ‘‘fairer’’ gender-normed standards so that 12. There are no empirical studies showing 6. Every commission study since 1992, in- women will not fail. In the past two decades, that women perform better in GIBT than cluding the 2002 TRADOC report, found evi- attempts to toughen training or match the they formerly did in separate-gender train- dence that real or perceived double or re- person to the job were withdrawn because oring prior to 1994. laxed standards are demoralizing to all who ganized civilian feminists perceived them as After the initial 1993 study, the Army are aware of them. threatening to women’s ‘‘career opportuni- never again compared results of mixed In the aftermath of the 1996 Aberdeen scan- ties.’’ versus separate training formats. Tests dals, then-Army Secretary Togo D. West, Jr., The Army tried twice in the early 1980s to thereafter were to determine the best mix of formed a Senior Review Panel (SRP) to implement realistic strength standards, males and females in a platoon (75/25, a ratio

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JN8.062 E11PT1 E1226 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 almost never observed). Even before the ARI force negative attitudes and stereotypes,’’ or to suppose that this enhances their image of surveys of ‘‘attitudes’’ were complete, the hurt morale among female soldiers. being physically challenging. Overall, the re- Army announced its decision to discontinue On the contrary, members of the Congres- sults of the 1998 YATS suggest that the gender-separate training, except for ground sional Commission noticed that GIBT might Army, Navy, and Air Force probably would combat trainees, in August 1994. be reinforcing, rather than eliminating, suffer no loss in terms of recruiting (and When GIBT was implemented in 1994, the stereotypes. Female trainees frequently said might gain) if they decided to change, in training regimen was adjusted to reduce the that they liked training with the men be- whole or in part, from gender-integrated risk of injuries among female recruits. cause ‘‘The guys really help us.’’ When asked training to gender-separate training.’’ Meanings of the words ‘‘soldierization’’ and how, they typically answered, ‘‘They moti- 18. Military personnel policies are bi-par- ‘‘proficiency’’ were re-defined, physical re- vate us. They lift heavy stuff for us. We tisan, but there is evidence of political sup- quirements were de-emphasized, and ‘‘suc- trade—we do their ironing, and they clean port to ‘‘fix the clock’’ on this and other so- cess’’ was measured with new training exer- our floors.’’ Women Marines, by contrast, cial policies implemented during the pre- cises that would not disadvantage women, have to do every task themselves, without vious administration. such as map reading, first aid, and putting passing off dirty or difficult jobs to men. During the 2000 Presidential Campaign, the on protective gear. They must team up and find a way to lug The Army informed the Congressional American Legion Magazine asked then-Texas heavy objects, and are motivated to climb Governor George W. Bush about his views on Commission, in response to a specific de- walls by other women who have dem- mand by Congress, that it has not, and does co-ed basic training. Candidate Bush replied, onstrated that it can be done. ‘‘The experts tell me, such as Condoleezza not plan to, objectively measure or evaluate Separate-gender training develops self-reli- the effectiveness of GIBT. Many officials Rice, that we ought to have separate basic ance and confidence as well as teamwork. In training facilities. 1 think women in the taking this position were responsible for im- the Marine Corps, female trainees must find plementing and making a ‘‘success’’ of GIBT military have an important and good role, ways to accomplish basic training tasks on but the people who study the issue tell me in the first place. their own, without assistance from male 13. The Army slogan ‘‘Train as We Fight’’ that the most effective training would be to trainees to assist them with heavy loads. have the genders separated.’’ is an important goal in advanced training. Military historian S.L.A. Marshall has For basic training, however, ‘‘Train to noted that ‘‘Authentic morale does not grow Dr. Rice, who is now National Security Ad- Transform’’ is a more appropriate slogan. in its own soil, [with] combat efficiency as a visor to President, Bush, voted with all other Basic training is the first step in a progres- mysterious byproduct.... [Rather,] high members of the 1998 Kassebaum Baker Com- sive, building block process of training sol- morale flows when the ranks are at all times mission to end co-ed basic training. diers to serve, fight, and win. conscious that they are service in a highly A mandate for change was evident in votes Within only a few weeks, young civilian re- efficient institution.’’ Attorney Adam G. cast by military personnel, their families, cruits must learn to wear a uniform prop- Mersereau amplified the point as follows: and supporters, who were told by Governor erly, have respect for authority, observe ‘‘[M]orale without combat efficiency is Bush’s running mate, Dick Cheney, that proper customs and courtesies, and accept most likely an inauthentic form of morale, ‘‘help is on the way.’’ and live by the core values of the service. brought on by false confidence. . . To try to 19. GIBT can and should be eliminated ad- Operational commanders should not have to build a military’s morale without first, or at ministratively, without further delay. spend time for remedial training in these least concurrently, establishing a foundation GIBT was not authorized by Congress after matters, due to inadequacies at the basic of unshakable efficiency is a dangerous careful deliberation, but imposed by admin- level. Maj. Gen. William Keys, USMC (Ret.), a error.’’ istrative directives written by former Assist- member of the Congressional Commission, The Congressional Commission found that ant Secretary of the Army Sara Lister, a ci- wrote in a statement to Congress that among male soldiers in training, the most vilian lawyer who notoriously depicted the ‘‘Basic training teaches basic military skills frequently mentioned recommendations for Marines as ‘‘extremist.’’ such as physical fitness, close order drill and change were to separate males and females No one has seen a written order setting marksmanship. It is a military socialization during basic combat training (BCT), make forth a logical rationale for the Army’s ac- process—civilians are transformed into sol- the training harder; and require recruiters to tion. Indications are, however, that the deci- diers, sailors, airmen and Marines. This tell the truth. Female recruits called for an sion was accepted as a trade-off to head off training provides recruits the basic military end to ‘‘battle buddy’’ restrictions, improved even more egregious mandates being pro- skills needed to integrate into an oper- barracks, and more sexual harassment train- moted by Sara Lister at the time; i.e., gen- ational unit. It does not teach war-fighting ing. der integration of multiple launch rocket skills nor should it be the staging ground for 16. Army women deserve the same high systems (MLRS) and special operations heli- ‘‘gender’’ etiquette skills.’’ quality training as women Marines have copters. The slogan is also inconsistent with special today, and Army women had prior to 1994. In 1994, uniformed leaders of the Army im- ‘‘lights out’’ security alarms and other secu- The drawbacks of GIBT conflict with the plemented GIBT without dissent. One bri- rity measures, as described on Slide #18, tradition of Army discipline and the current gade training commander told the Wash- which are not available in an operational en- concept of Transformation, which depends on ington Post that it was necessary to take the vironment, These include barracks guards personnel who are stronger, more versatile, ‘‘Attila the Hun approach’’ with drill in- who conduct ‘‘bed-checks’’ of GIBT trainees and better prepared. structors that resisted. ‘‘I told them that every 30 minutes and are changed every two Short-term costs for returning to single gender integration was our mission, and any hours. sex basic training would be minimal, and outward manifestation of noncompliance 14. The Marine Corps has demonstrated long-term savings related to fewer discipli- would not be tolerated.’’ nary problems and injuries could be substan- that a well-designed single-gender basic Having invested so much in the process, training program, with same-sex drill in- tial. Sound policies regarding basic training some Army officials lobbied hard to defeat structors, can be tailored to challenge male legislation, which passed the House in 1998, and female trainees to the limit. should not be based on unrealistic theories or feminist ideology, including the belief to implement recommendations of the Separate sex training increases ‘‘rigor’’ for Kassebaum Baker Commission. Nevertheless, all soldiers, forces female recruits to be self- that men and women are interchangeable in all military roles. Nor should gender integra- during the March 17, 1998, HNSC hearing, reliant, and reduces the risk of demoralizing senior officers representing the armed forces injuries that cause female recruits to drop tion be considered an ‘‘end’’ in itself. The Army needs to encourage competence in had difficulty making a convincing case for out. gender-mixed basic training. The Kassebaum Baker Commission found training, not egalitarianism at all costs. 20. This is not a question of turning the that the Marines’ single sex approach was 17. It is possible that restoration of sepa- clock backward or forward. If the clock is producing ‘‘impressive levels of confidence, rate gender training would have a positive broken, it should be fixed. team building and esprit de corps in all fe- effect on recruiting for the volunteer Army. male platoons at the Parris Island base.’’ The 1998 Youth Attitudes Tracking Study A five-year experiment with GIBT during The Congressional Commission found that (YATS) found that the great majority of the Carter Administration was summarily female Marine trainees scored significantly both men (83%) and women (77%) said it terminated in 1982 not because of lack of higher than any other group in commitment, would make no difference to them whether confidence in women’s abilities to become group identity and respect for authority—all basic training was conducted with or with- soldiers, but because women were suffering of which are important elements of military out the opposite sex. The YATS also found injuries in far greater numbers, and men cohesion. that young men, who constitute 80% of en- were not being challenged enough. Contem- Separate housing and instruction improves listees, are more interested in seeking phys- poraneous news reports indicated that GIBT the ability of male and female recruits to ical challenge than young women, and they was eliminated in order ‘‘to facilitate the concentrate on transformation. As stated by perceive the Air Force and the Navy as less Army’s toughening goals and enhance the then-Marine Assistant Commandant Richard physically challenging than the Marine soldierization process.’’ I. Neal, ‘‘We don’t want them to think about Corps and the Army. Members of the Con- Civilian oversight of the military includes anything else than becoming a Marine.’’ gressional Commission concluded that: the responsibility to set policies for the fu- 15. There is no evidence that restoration of ‘‘Only the Marine Corps and the Army have ture, not to continue flawed policies of the gender-separate basic training would ‘‘rein- all-male training, and it is not unreasonable past.

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JN8.065 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1227 [From the New York Times, Apr. 9, 2003] er’s kit bag. Sgt. Hurston was headed with serve on extended tours. Turns out that half NO MORE GI ORPHANS her unit to the Persian Gulf. ‘‘Who knows of these Navy women were single or di- Lori Piestewa died in combat in the Iraq when I’ll be back,’’ she said to the reporter; vorced. This meant that when they were war’s first week. She was a single parent who with her children she strove for more cheer- shipped off to sea, many of their children, left two small children. Shoshana Johnson, fulness. More than ever, women are crucial whose ages ranged from one to three, had no who was taken prisoner in the same clash, is to the U.S. military; they make up 16 per- parent at home. the single parent of a small child. It is high cent of the force and perform key front-line If you didn’t even know this was a prob- time the Defense Department redrew its poli- jobs. But the increased integration comes at lem, you’re not alone. The idea seems to be cies to stop single custodial parents—female a price, in the form of tens of thousands of that to admit even the slightest difficulty or male—from being deployed in harm’s way. temporary orphans. with women in the service threatens to drag The military should not run the risk that Almost 10 percent of active-duty service women back to the 1950s. So instead of an children will be orphaned or face extended members are either single with children or open debate we get the movie version. In separations from their single parent. married to another active-duty person, ‘‘Courage Under Fire’’ actress Meg Ryan During the first Gulf War, Senator Barbara which means both can be called up. In the plays a heroic Army helicopter captain who Boxer of California was so concerned that first Persian Gulf war this produced 36,704 leaves her daughter behind with grandma as she sponsored a Gulf orphan bill. Boxer’s children who had no parent left at home; this she goes off to die in the Gulf War—and feels measure would also have kept the services time the number is expected to be much just fine about it. from deploying both parents when both a fa- larger. These children range from infants to Unfortunately, no amount of Hollywood ther and mother were in the military. The teenagers. In school, many act brave and re- glitz is likely to console the real-world chil- Pentagon resisted, however, and before Con- silient; anxieties come out obliquely. Bois- dren of these military moms. And, by the gress could take any action the war ended. terous ones retreat and want only to draw way, it’s not just those children. An earlier About 80,000 children have a single parent or strange pictures; an 11-year-old in Colorado Navy study showed that four out of 10 preg- both parents in the services. Women still has suddenly started failing some of his nancies of women on sea duty culminated in cannot serve in ground combat infantry, classes. abortion or miscarriage. That compares to tank, or artillery positions, but since 1991 Most militaries in the world do not have two out of 10 for women sailors on shore the Defense Department has opened up more women serving; those that do make allow- duty. The news comes in the wake of a confront-line opportunities to women, who are ances for family circumstance, infant chil- troversial 1995 ruling from the admirals say- more likely than men to be single custodial dren at home or two parents away. But this ing that pregnancy was compatible with a parents. In light of the Piestewa and John- is a touchy issue for the U.S. military. Inte- Navy career, meaning that pregnant women son cases, Boxer and others in Congress grationists have fought hard over the past could even serve aboard ships up to their should force the military to ask why its poli- two decades to win full acceptance of women, 20th week. To put it harshly, there is a sense cies place so many children at risk of being who in many cases bristle at any notion that here that some babies are being thrown out orphaned. they should be treated differently. No one with the seawater. The issue brings into conflict the interests would want to let down her unit; besides, Of course, the problems of the extended of the parent-soldier, the commanding offi- downsizing in the volunteer force means that tour are by no means confined to women. cer, and the child. A parent seeking advance- any no-show is disruptive. During the first Military families have long suffered from the ment might be reluctant to accept limits on Gulf war, a presidential commission tried to prolonged absence of fathers. In his memoir, assignments that could slow promotions. A address this question, recommending flexi- John McCain notes that one reason he found commanding officer does not want to have bility for the primary caregivers of children it so easy, as a child, to idolize his father several positions filled by soldiers who have under 2. Then there was resistance; women was that his father wasn’t around enough to to stay at the base when the fighting starts. were still a fairly new and unproven presence mar the golden image. What makes the But it is the interest of the child in not in many jobs. Now, and especially following Mom-Goes-to-Sea story different is the all- losing a custodial parent forever, or for a this war, they will be tested and no doubt too-frequent absence of any parent. long time, that should be paramount. In- proven: ‘‘Now, you’re the fighter pilot—not Could it be that the unwillingness to ad- stead, the Pentagon, in opposing bills like the female fighter pilot,’’ Capt. ‘‘Charlie’’ redress this issue signals a belief that women Boxer’s, worried about the abstract unfair- cently told Time magazine. will suffer from any retreat from the femi- ness of granting single-parent soldiers the If women are to continue their critical role nist absolute? Perhaps. Whatever the reason, full set of career and educational benefits in the armed services, which they should, there is a noticeable slippery-slope effect. without the obligation of front-line service. perhaps it’s time to loosen up a little on the Thus we must have not only a woman in the The military does require that parents sub- deployment rule. Right now families are re- military, but a mother; not only a mother mit ‘‘family care plans’’ for alternative care- quired to have a child-care plan in place in but a single one; not only a trip abroad but givers when they are deployed. But an alter- case of deployment. A commander can grant an extended one, and so on. As the White nate caregiver, whether it is a grandparent, exceptions if no plan is available, but service House wonk bleats in ‘‘Courage Under Fire’’: aunt, uncle, or family friend, is not the same spokesmen say they almost never do. Even if ‘‘She has to get the medal of honor. She’s a as a parent. no family or friends are available, the Navy woman. That’s the point!’’ The late senator John Heinz of Pennsyl- can place children in volunteer families re- Surely we are beyond that. The late 1990s vania favored limits on single-parent deploy- sembling foster care, so it’s difficult for par- are not, after all, the 1950s. No one is talking ment in 1991. To critics who said that parent- ents to say no. Perhaps the flexibility could about keeping women out of the boardroom, soldiers knew what they were getting into, start slowly. For starters, the services could or shutting them out of the officer’s club. A Heinz replied that it was ‘‘questionable coordinate and try to stagger deployments of little consideration for the realities of fam- whether an 18-year-old tantalized by offers of two parents; right now it’s not even a consid- ily life can only strengthen the cause of tuition money has any inkling; of what he or eration. Then maybe they could tackle the women. Owning up to the problem will, how- she is giving up in ‘volunteering’ to leave more sensitive issue of single mothers, giv- ever, require courage. Maybe there should be children yet to be born behind. Our righteous ing, say, mothers of children under 2 a real a medal for that. insistence that ‘a deal is a deal’ is reminis- option of deferring if they had no com- cent of the story of Rumpelstiltskin, the fortable child-care available. Surely integra- WHAT HAPPENS WHEN GI JANE IS CAPTURED? dwarf in German folklore who exacts a ter- tion would survive that. WOMEN PRISONERS OF WAR AND THE GENEVA rible price for helping a desperate young CONVENTIONS woman—her first-born child.’’ A humane [From the Wall Street Journal, Dec. 3, 1999] (By Anita Ramasastry) military would limit the sacrifices it asks of MOTHERS AT SEA Just over one week ago, American tele- parents—and their children. Amid all the flotsam crossing our desk vision viewers saw disturbing images of lately came one surprise: a new Defense De- American soldiers who had become prisoners [From the Washington Post, Mar. 25, 2003] partment report on women sailors. The of war (POWs) in Iraq. Among those taken MOTHERS AT WAR study focuses on families in which the en- captive was Specialist Shoshana Johnson, an Yesterday morning relatives of one of the listed mothers of small children are away at Army cook—America’s first female POW in American prisoners of war in Iraq, Army sea five or six months at a stretch. Not sur- the Iraqi conflict. Meanwhile, two other Spc. Shoshawna Johnson, went on television prisingly, small children who spend months women were missing in action—Privates to say how much everyone missed her: her without their mothers do not fare so very First Class Jessica Lynch and Lori Piestewa. parents, her cousins and especially her 2- well. (Lynch was just rescued yesterday.) year-old daughter, Janelle. Spc. Johnson is a As interesting as the findings has been the Seeing Shoshana Johnson—thirty years single mother, one of about 90,000 in the ac- reaction: zilch. As it happens, these days a old, and the single mother of a two-year old tive-duty service. Lately such women have mom at sea is not so unusual. Of the 51,000 child—held captive in Iraq bothered me more been featured in heartbreaking photos in Air women in the Navy, 10,000 serve on ship- than I would have imagined. Like the male Force Times and Army Times: Staff Sgt. board. Many of them are single moms. The soldiers held with her, she faces a ruthless Rikki Hurston, for example, feeding her four- study, by Michelle Kelley of Old Dominion regime. Unlike them, however, she may also month-old while her 8-year-old daughter University, compared the children of women be the target of misogynistic treatment, and looks up with wide eyes, clutching her moth- with land jobs to the kids of women who a potential victim of sexual assault.

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Anthony Dworkin recently discussed, in a WOMEN AND THE LAWS OF WAR POTENTIAL REMEDIES: RED CROSS FACTFINDERS column for this site, some of the protections The Geneva Conventions of 1949 govern the AND WAR CRIMES TRIBUNALS the Geneva Conventions offer all POWs. But treatment of soldiers and civilians during Iraq has claimed publicly that it is adher- what, if anything, in the Geneva Conven- armed conflicts. The Geneva Convention III ing to the Conventions. But the recent video tions protects women POWs, in particular? relates to the Treatment of Prisoners of War. footage of American POWs has given others Before addressing that question, it’s worth The August 1949 treaties, whose signatories a different impression. examining the history of women in the U.S. include the United States and Iraq, took ef- In addition, past history leads to reason- military in recent years, and of women as fect on October 21, 1950, after the Nuremberg able fears that woman POWs will be mis- POWs, to provide some context for the Con- war crimes trials in Germany. They continue treated by Iraq in ways particular to their ventions’ guarantees. to apply now. gender. Consider, for instance, the sexual as- WOMEN’S ROLE IN THE U.S. MILITARY NOW AND With respect to POWs generally, Article 13 sault suffered by Major Cornum. Will there IN THE PAST of Geneva Convention III requires that they be any recourse if women are, in fact harmed ‘‘must at all times be humanely treated. Any or mistreated? Overall, more than 200,000 women cur- The answer is: Perhaps during the war, and rently serve in the armed forces. These unlawful act or omission by the Detaining Power causing death or seriously endan- certainly after the war. women make up 15 percent of both the en- The International Committee of the Red gering the health of a prisoner of war in its listed ranks and the officer corps, 6 percent Cross (ICRC)—which drafted the original custody is prohibited, and will be regarded as of the Marines, and 19 percent of the Air treaties—serves as a fact finder with respect a serious breach of the present Convention.’’ Force. to possible violations. During war, the ICRC And Article 3 (common to all four Conven- These women serve in a wide variety of po- attempts to protect military prisoners of sitions. In part, that is because in 1994, dur- tions) prohibits ‘‘violence to the life, health, war, civilians caught in war zones, and ing the Clinton Administration, the Pen- or physical or mental well-being of persons’’ wounded or sick service members. tagon discarded the ‘‘Risk Rule,’’ and au- including torture of all kinds, whether phys- An ICRC delegate who witnesses disturbing thorized women to serve in any military post ical or mental. Such acts of violence ‘‘re- violations at a jail, hospital, or other facility other than in frontline infantry, Special main prohibited at any time and in any place has the duty to report it to the ICRC, who Forces, or armor or artillery units. . . .’’ with respect to persons being detained. advise the victim what to do. Thus, if U.S. As a result, women reportedly now are al- The Geneva Convention III says relatively POWs are mistreated in Iraq, and the Red lowed to hold 52 percent of active-duty posi- little about women—primarily because, at Cross is let in to see them, and they feel tions in the Marines—about a twofold in- the time it was drafted, women were not in- comfortable reporting their mistreatment, crease since the 1994 rule change. Women in volved on the battlefield to the same extent there may be some recourse for them. the Army can hold 70 percent of such posi- as men. But all of these contingencies may not actions. And women in the Air Force and Navy It does provide some privacy guarantees tually become reality—and remedies may can perform in 99 percent of such positions. for women, however. Article 25 states that have to wait until the war’s end. At that For example, women in the Navy can now women prisoners must be housed separately point, a special war crimes tribunal may well serve on ships, though not on submarines. from the men. And Article 29, which deals be created in order to prosecute individuals Women in the Air Force can now fly combat with hygiene and medical attention states for ‘‘grave breaches’’ of international hu- missions. that ‘‘[i]n any camps in which women pris- manitarian law. American women have been in combat ever oners of war are accommodated, separate Not all violations of the law of war, indeed since Margaret Corbin replaced her fallen conveniences shall be provided for them.’’ not all violations of the Geneva Convention, husband behind cannon during the Revolu- Meanwhile, Article 14 provides an equality are grave breaches. ‘‘Grave breaches’’ are de- tion. But this war promises to involve more guarantee of sorts for women POWs. It says fined in the Geneva Convention III to include women in combat than ever before. that ‘‘women shall be treated with all the re- intentional killing, torture, or inhumane Meanwhile, due to the nature of modern gard due to their sex and shall in all cases treatment. warfare, and the war on Iraq in particular, a benefit by treatment as favorable as that Today, such breaches would include sexual soldier can be in serious jeopardy whether or granted to men.’’ violence against women POWs. Such vio- not he or she is technically in a combat unit. As with domestic laws, there is a question lence, under international law, is criminal. There is no longer a clear ‘‘front’’ line. as to how far this equality guarantee re- Both the Red Cross and the international Thus, support units, whose job is mainte- quires additional safeguards for women, be- community—through war crimes tribunals— nance or supply, can find themselves in yond what men are entitled to. Some com- should insist on strict adherence to Geneva grave danger. For instance, Shoshana John- mentators argue that it does, for women Convention III, for men and women prisoners son and her fellow POWs were a maintenance have specific needs arising from gender dif- of war alike, and equally. Unless women prisoners are truly pro- crew in a convoy that got ambushed. ferences, honor and modesty, and pregnancy and childbirth. tected equally—meaning that they are pro- WOMEN AS POWS THROUGHOUT U.S. HISTORY Other specific protections are also in- tected when it comes to gender-specific Long before the 1994 rule change, there cluded. Women prisoners who are being dis- crimes and with respect to crimes with gen- were women POWs. During the Civil War, for ciplined are required to be confined in sepa- der-specific additional impact—the equality example, Dr. Mary Walker was imprisoned rate quarters under the immediate super- of women in the military will itself be im- for four months by the Confederacy, accused vision of women—apparently to prevent any periled. of spying for the Union Army. (Doctor Walk- risk that an isolated women might be sub- SEX CRIMES IN WAR MAY ALSO BE BREACHES OF er is the only woman to receive the Congres- ject to sexual assault or mistreatment. INTERNATIONAL HUMANITARIAN LAW sional Medal of Honor.) In addition, all women POWs who are preg- As the ICRC has previously stated, ‘‘al- During World War II, more than 80 mili- nant or mothers with infants and small chil- though both men and women are subject to tary nurses, including 67 from the Army and dren are to be conveyed and accommodated sexual assault, a distinction needs to be 16 from the Navy, spent three years as pris- in a neutral country. Shoshana Johnson, as drawn between them. Sexual torture as such, oners of the Japanese. Many were captured the mother of a 2–year old toddler, would particularly during interrogation, with its when Corregidor fell in 1942. The nurses were seem to qualify. full spectrum of humiliation and violence subsequently transported to the Santo And more generally, under international can, and often does, culminate in the rape of Tomas Internment camp in Manila in the humanitarian law, the ill-treatment of per- the victim, and is more common with women Philippines—which was not liberated until sons detained in relation to armed conflict is prisoners. In male prisoners, direct violence February of 1945. Five Navy nurses were cap- prohibited. to sexual organs is more common during this Meanwhile, civilians taken captive are tured on Guam and interned in a military same phase.’’ prison in Japan. meant to be afforded similar protections pur- To note this is not in any way to minimize Meanwhile, during the 1991 Gulf War, there suant to Geneva Convention IV. Women are the terrible things that may happen to male were two American female POWs: an Army to be protected ‘‘against rape, enforced pros- POWs. But it is to say that women do face a Flight Surgeon, Major Rhonda Cornum, and titution or any form of indecent assault.’’ special risk: the risk of rape, and of being an Army Transportation Specialist, Melissa Additional Protocol I to the Geneva Conven- pregnant as a result of rape. Rathbun-Nealy. Cornum was subjected to tions, relating to civilians, notes that To cope with a pregnancy as a result of ‘‘sexual indecencies’’ within hours of her ‘‘women shall be the object of special respect rape is terrible enough, and is made all the capture. (She was released eight days later, and shall be protected in particular against worse by being in detention. Women may but said nothing in public about the sexual rape, forced prostitution and any other form also be forced to terminate their ongoing assault for more than a year.) of indecent assault.’’ One need only remem- pregnancies against their will. And women, like men, have been casualties ber the conflict in the former Yugoslavia, Other abuses inflicted on POWs, while not of war. According to various reports, there however, to see that rape has often been used suffered solely by women, could be worse for have also been nearly 1,000 women killed in against civilian women during armed con- women than men. They might include beat- action since the Spanish American War. flict. Finally, with respect to relief ship- ings, strip searches by men, intimate and Women casualties include including two ments for civilians, Convention IV notes abusive medical examinations or body aboard the USS Cole when it was attacked that ‘‘expectant mothers, maternity cases searches, and sexual or gender-based humil- by terrorists in 2000, sixteen in Desert and nursing mothers’’ are to be given pri- iation (such as non-provision of sanitary pro- Storm, and eight in Vietnam. ority. tection).

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JN8.072 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1229 Under international law, rape, sexual as- prayerful best wishes and congratulations to Christy has touched many lives while work- sault, sexual slavery, forced prostitution, the Reverend Dr. George E. McRae of Miami, ing in the nursing profession for the past 27 forced sterilization, forced abortion, and Florida, my Pastor and the Pastor of Mount years. As recognition of these years of dedi- forced pregnancy may all qualify as crimes. Tabor Missionary Baptist Church, on the occa- cated service, she was recently named recipi- RAPE AS A WAR CRIME, AND A CRIME AGAINST sion of his election as the new President of ent of the 18th Annual Nightingale Award HUMANITY the Florida General Baptist Convention. Celebrating Nursing Excellence. Coworkers The crime of rape, in particular, has long Reverend McRae is perhaps uniquely quali- nominated Christy for the award through an existed under customary international law. Some treaties have mentioned rape specifi- fied, by both education and experience, to essay and several letters of recommendation. cally, whereas other treaties and inter- carry out this important responsibility. He Peers noted that Christy has an intelligent and national conventions have made reference to earned his Bachelor’s degree at Bethune- passionate approach to nursing, characteris- rape as a crime against humanity when di- Cookman College at Daytona Beach; His Mas- tics she shares with Florence Nightingale, the rected against a civilian population. ter of Divinity degree at the Interdenomina- renowned nineteenth century nurse. Christy The nineteenth century Leiber Code, for tional Theological Center in Atlanta; and his remains humble about her successes and em- example, listed rape as a specific offense, and Doctor of Ministry degree at Columbia Theo- phasizes that her responsibility as an adminis- made it a capital offense. Later, World War II prosecutions, and the Geneva Conventions, logical Seminary in Atlanta. In addition to his trator is to create an environment in which oth- reinforced the prohibitions on rape and other fourteen years as Pastor of Mount Tabor Mis- ers can perform their job well. sexual violence, although the focus was on sionary Baptist Church, Rev. McRae has Mr. Speaker, I am proud to stand before this crimes of sexual violence against civilian served as Pastor of Shiloh Baptist Church in body of Congress today to recognize Christy’s populations. Daytona Beach; and the Bethlehem Baptist compassion and devotion to helping others. I Some evidence of sexual violence was pre- Church and the New Mount Zion Baptist would like to congratulate Christy on her pres- sented before the International Military Tri- Church, both in Palatka. bunals, after World War II. Most notably, in tigious award and the profound respect that the judgments of the International Military Reverend McRae has received numerous she has earned from her coworkers. Her life- Tribunal for the Far East, rape was first spe- awards for his work, including the NAACP’s long commitment to serving others certainly cifically referenced. Allied Control Council Humanitarian Award and the Miami Herald’s warrants the respect of this body and our na- Law No. 10, which governed the prosecution Charles Whited Spirit of Excellence Award, tion. Christy has answered a noble calling by of defendants at Nuremberg, listed rape as and he has lectured extensively. He was also tending to those in need and I commend her one of the enumerated acts constituting a featured in a front page article in the Wall for her selfless public service. crime against humanity. Street Journal, which chronicled his work at In the Tokyo war crimes trials, acts of sex- Mount Tabor and the establishment of ual violence and rape were not placed at a f level that would allow them to stand alone. M.O.V.E.R.S. Inc.—Minorities Overcoming The The Tribunal presented evidence relating to Virus Through Education, Responsibility and HONORING JEFF HANCOCK sexual atrocities committed upon women in Spirituality—which provides comprehensive places such as Nanking, Borneo, the Phil- treatment, education, counseling and housing ippines, and French Indochina. Rape and acts assistance to AIDS victims and their families HON. SCOTT McINNIS of sexual violence were categorized as crimes in low-income Miami neighborhoods. OF COLORADO against humanity because they amounted to In addition to these great achievements, inhumane treatment. IN THE HOUSE OF REPRESENTATIVES Today, the prohibition against rape and though, Pastor McRae’s highest qualification sexual violence in armed conflict is even as leader of Florida’s Baptist faithful must truly Wednesday, June 11, 2003 stronger. In 1993 and 1994, rape was specifi- be the strength of his commitment to Christ’s Mr. MCINNIS. Mr. Speaker, I would like to cally codified as a recognizable and inde- teachings, as exemplified by the caring and take this opportunity to pay tribute to a suc- pendent crime within the statutes of the humanity of his ministry. cessful businessman who has provided West- International Criminal Tribunals for the He is a person of great personal power ern Colorado with years of service. Jeff Han- Former Yugoslavia (ICTY) and for Rwanda whose very presence cheers those who are (ICTR). cock has devoted much of the past ten years afflicted. He is a person of great vision who in- In addition, the ICTY and ICTR cases have to serving as CEO of the Grand Junction- spires people to help other people—from car- also reinforced the legal basis for arguing based organization, Rocky Mountain Nurses, ing for the hungry in the church basement that rape and sexual violence are both indi- Inc. Today, I would like to honor Jeff’s accom- vidual crimes against humanity, and viola- after Sunday services to making health care plishments and the impact he has had on the tions of the laws and customs of war. available, in their own neighborhoods, to peo- Grand Junction community by expanding his Finally, the new statute of the Inter- ple who otherwise could not afford health prominent full-service home health-care firm. national Criminal Court also recognizes rape care, even if they had access to it. He is a as crime against humanity when it occurs in person who has devoted a lifetime of energy Rocky Mountain Nurses, Inc. was founded the context of armed conflict. and creativity to the betterment of others. in 1995 as a small temporary nursing service. I hope that all of the POWs are treated hu- Through small business loans, it was recently manely, and come home soon. And I hope I extend my best wishes to Pastor McRae Shoshana Johnson is transported to a neu- and his wife, Mary, for the sacrifices they have able to add fifty new jobs in Mesa County. The tral country—as she is entitled to be, as the made to help others, for their caring and their firm is now located in a new corporate office, mother of an infant—if she continues to be leadership, and for taking on this additional employs approximately 180 people, and has held. burden and responsibility, which is so impor- opened a medical equipment retail store. The To ensure that these things happen, it is tant to our families and our community. expansion of Jeff’s firm has allowed him to also important for the international commu- provide nursing services to more than 350 nity to make clear what obligations Iraq has f people per month. The U.S. Small Business with respect to all POWs, and the special ob- HONORING CHRISTY WHITNEY Administration recently honored Jeff by select- ligations it bears to female POWs in particular. ing him as Colorado Small Business Person of HON. SCOTT McINNIS the Year. He was one of 53 recipients of this f award, and is currently in the running to be OF COLORADO named as National Small Business Person of TRIBUTE TO REV. DR. GEORGE E. IN THE HOUSE OF REPRESENTATIVES MCRAE ON HIS ELECTION AS the Year. PRESIDENT OF THE FLORIDA Wednesday, June 11, 2003 Mr. Speaker, I am proud to stand before this GENERAL BAPTIST CONVENTION Mr. MCINNIS. Mr. Speaker, I would like to body of Congress today to recognize the posi- take this opportunity to pay tribute to a deeply tive impact that Rocky Mountain Nurses, Inc. HON. KENDRICK B. MEEK compassionate and sensitive woman. Christy has had in my district. Jeff embodies the com- OF FLORIDA Whitney has devoted much of her life to help- bination of ambition and altruism necessary to IN THE HOUSE OF REPRESENTATIVES ing others in need as a Registered Nurse, and guide an expanding firm dedicated to serving ultimately as CEO and President of Hospice the community. I would like to congratulate Wednesday, June 11, 2003 and Palliative Care of Western Colorado. him on this prestigious award and the respect Mr. MEEK of Florida. Mr. Speaker, I know Today, I recognize Christy’s years of service that he has earned from his peers. I wish Jeff that my colleagues will join me in offering our before this body of Congress. all the best in his future endeavors.

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JN8.077 E11PT1 E1230 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 THE ASSISTANCE FOR NEEDY devotion to teaching. Individuals like Rebecca band, which she maintained from 1939–1969. FAMILIES, TANF symbolize the dedication and commitment As a Member of Congress, she led the effort necessary to impart strong values to future to create the U.S. Cadet Nurse Corps which HON. STEPHANIE TUBBS JONES generations and allow them the opportunity to trained 125,000 nurses in 1,100 nursing OF OHIO succeed. Rebecca has answered a noble call schools from 1943 to 1948 to reduce the nurs- IN THE HOUSE OF REPRESENTATIVES that demands the utmost admiration and re- ing shortage and improve health care in the spect. Thank you, Rebecca, for your dedica- military and throughout the entire nation. She Wednesday, June 11, 2003 tion and selfless public service. was the very first Congresswoman to serve Mrs. JONES of Ohio. Mr. Speaker, I rise to f the state of Ohio. acknowledge the importance for Congress to It is my pleasure to join with the Case West- address the concerns of a welfare reform bill. PAYING TRIBUTE TO BOB TAYLOR ern Reserve University community and the citi- I support the 3-month extension to reauthorize zens of the 11th Congressional District in hon- the Temporary Assistance for Needy Families HON. SCOTT McINNIS oring this group of nurses for their untiring Block Grant Program through fiscal year 2003. OF COLORADO service to this country. I also ask the U.S. Senate to move on this im- IN THE HOUSE OF REPRESENTATIVES f portant legislation. Wednesday, June 11, 2003 Mr. Speaker, more than 35 States have NATIVE AMERICAN SACRED Mr. MCINNIS. Mr. Speaker, it is my privilege made cuts in programs funded with TANF and LANDS PROTECTION ACT to recognize one of my district’s most promi- child care block grant funds. Most importantly, nent and accomplished agriculturalists. Bob these cuts are in programs that promote the Taylor is the founder of a farming dynasty that HON. NICK J. RAHALL II goals of welfare reform. These cuts reflect OF WEST VIRGINIA has flourished for the last fifty years in La both the exhaustion of many States’ surplus. Plata County, Colorado. In addition to a wealth IN THE HOUSE OF REPRESENTATIVES Cuts are in welfare to work programs, cuts are of agricultural knowledge, his reputation pre- Wednesday, June 11, 2003 in programs to help the most disadvantaged cedes him throughout the county as a fair and families, cuts are in transportation assistance, Mr. RAHALL. Mr. Speaker, many would honest man. I would like to take this oppor- cuts are in basic cash assistance benefits, argue that the United States Capitol is sacred. tunity to pay tribute to Bob for the contribu- cuts are in teen pregnancy prevention pro- It is a testament to freedom, a symbol of gov- tions that he has made throughout Colorado. grams, and cuts are in child care. My dear col- ernment, a monument of national historical In spite of adverse conditions for area farm- and cultural significance. Throughout its halls leagues, let us come together—set aside our ers, Bob has persevered throughout the last differences—and work to pass a bipartisan there are statues of our founders, our heroes, decade. He is consistently one of the top agri- our history. For the past 200 years, legislators measure that will provide adequate aid to fam- cultural producers in the area and is always ilies with dependent children (AFDC) and cri- have sweat blood and tears debating the laws willing to offer advice to fellow agriculturalists. of our great country. tique the job opportunities and basic skills For his efforts, the Durango Area Chamber of training (JOBS) programs. It is sacred to me, to the American people Commerce has recently honored Bob as and to the underlying principles of this country. Mr. Speaker, our Governors have spoken Agriculturalist of the Year. out and printed on recycled paper critical fund- No patriotic American or friend of this great The community also recognizes Bob for his country would even think to spoil or mar the ing and flexibility of the Temporary Assistance long history of service to his church and the for Needy Families block grant, which must be sanctity of this building. surrounding community. He embarked upon But there are many places across this coun- preserved—without any set-asides. The pro- his two-year Mormon Church Mission after gram should be reauthorized to ensure that try no less sacred than the Capitol building, high school and began his service to the na- that are being desecrated as we speak. It is States are able to continue their current inno- tion when he joined the Army during World vative efforts to assist low-income individuals inconceivable to have open-pit mining in Ar- War II. Bob was elected to a County Board lington Cemetery or to imagine an oil rig and families. I ask that we work together to position in 1954, but declined to run again provide meaningful legislation that will lead our plopped in the middle of the Sistine Chapel. after his church’s local ward summoned him to But in fact that is the very problem facing Na- families to self sufficiency. serve as Bishop. Bob continues to maintain f tive American sacred lands today. his public involvement by serving on two For example, the proposed site for a 1,600- HONORING REBECCA JOHNSON water-district boards. acre, open-pit gold mine in Indian Pass, Cali- Mr. Speaker, it is my distinct privilege to fornia, is a place where ‘‘dream trails’’ were HON. SCOTT McINNIS recognize Bob Taylor before this body of Con- woven. The Bush administration revoked a gress and this nation. He served his country Clinton-era ruling that said mining operations OF COLORADO with honor as a soldier, and he has excelled IN THE HOUSE OF REPRESENTATIVES would cause undue impairment to these an- in his agricultural career ever since. I con- cestral lands, an extremely sacred place to the Wednesday, June 11, 2003 gratulate Bob on his recent award and wish Quechan Indian tribe. Now the tribe is left him all the best in his future endeavors. Mr. MCINNIS. Mr. Speaker, I am honored to fighting for its religious and cultural history. Al- stand before this body of Congress today to f though the state of California has taken action recognize a dedicated educator. Rebecca HONORING ALUMNI OF THE to help protect this site, the Federal govern- Johnson has provided exemplary service as a FRANCES PAYNE BOLTON ment remains poised to permit the gold mine. teacher at Redlands Middle School in Grand SCHOOL OF NURSING Long before my ancestors arrived on these Junction, Colorado, and it is my pleasure to shores, American Indians were the first stew- honor the creativity that Rebecca has em- HON. STEPHANIE TUBBS JONES ards of this land. They respected the earth, ployed in touching the lives of her students water and air. They understood you take only OF OHIO and incorporating real life lessons in her class- what you need and leave the rest. They dem- IN THE HOUSE OF REPRESENTATIVES room. onstrated you do not desecrate that which is Rebecca has used a number of tools and Wednesday, June 11, 2003 sacred. methods to bring her academic lessons to life Mrs. JONES of Ohio. Mr. Speaker, I rise Most Americans understand a reverence for for the children she teaches. She has rein- today to extend my sincere congratulations the great Sistine Chapel, or even the United forced her students’ interest in reading, turning and gratitude to the nurses who served in the States Capitol. Too often non-Indians have dif- her classroom into a movie set based on a United States military during World War II and ficulty giving the same reverence we give to book they read together. Rebecca has also the U.S. Cadet Nurse Corps who are alumni our sacred places to a mountain, valley, encouraged interest in the arts as she super- of the Frances Payne Bolton School of Nurs- stream or rock formation. vises murals painted at the school. Rebecca’s ing at Case Western Reserve University. We cannot fight to preserve Native Amer- creativity has surely impacted her students in These nurses were honored during their Re- ican sacred lands on a case by case basis. a positive manner and assisted them in devel- union Celebration, which took place on May We need a comprehensive process to protect oping a life-long appreciation for learning. 17, 2003 at Severance Hall in Cleveland, bona fide Native American sacred sites wher- Mr. Speaker, I am proud to stand before this Ohio. ever they may lie on the public domain. body of Congress today to express my admi- Representative Frances Payne Bolton ac- That is why today I am introducing the Na- ration and gratitude for Rebecca’s service and quired the congressional seat of her late hus- tive American Sacred Lands Protection Act.

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.080 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1231 First, the bill would enact into law a 1996 dividuals like Virginia symbolize the dedication them the painful memory of the devastation Executive Order designed to protect sacred and commitment necessary to impart strong that occurred a full century ago. lands. Specifically, it ensures access and cer- values to our next generation and allow them June 14, 1903, was like any other Sunday emonial use of sacred lands and mandates all the opportunity to succeed. Virginia Rockwell in the peaceful town of Heppner, when the federal land management agencies take the has answered a noble call that demands our humble, God-fearing townspeople went about necessary steps to prevent significant damage admiration and respect. Thank you, Virginia, their lives, worshipping together and resting to sacred lands. for your many years of dedicated and selfless from a week spent toiling in their fields, mind- Second, my bill gives Indian tribes the ability public service. ing their stores and tending their flocks and to petition the government to place federal f herds. As evening approached, none sensed lands off-limits to energy leasing or other in- the pending calamity that would befall the PAYING TRIBUTE TO FRANK AND compatible developments when they believe close-knit community and alter the lives of its SUE MENEGATTI those proposed actions would cause signifi- residents forever. cant damage to their sacred lands. Mr. Speaker, the rain came in an instant, This is an extremely important provision. HON. SCOTT McINNIS swelling streams and unleashing a torrent that The tribes would no longer have to depend on OF COLORADO careened toward the town and destroyed ev- the good graces of federal bureaucrats to pro- IN THE HOUSE OF REPRESENTATIVES erything in its wake. Trees were uprooted, tect these lands. Rather, the tribes themselves Wednesday, June 11, 2003 structures crushed liked matchbox houses and could initiate those protections. homes and livestock were swept away in the Third, the bill respects the confidentiality re- Mr. MCINNIS. Mr. Speaker, it is an honor to deadly cascade. So, too, were many of the quirements of some Native American religions. stand before this body of Congress today to people of Heppner—men, women and children And finally, the bill would permit sacred lands recognize Frank and Sue Menegatti of who drowned by the hundreds. An account of be transferred from the Federal government to Walsenburg, Colorado. Frank and Sue have the disaster in the East Oregonian newspaper the affected Indian or co-management plans to spent years managing The Capps Ranch Lim- later estimated that more than three billion be implemented. ited Partnership. During this time, they have pounds of water passed through Heppner that If you look to our national parks, forests and enhanced stream quality, increased wildlife night at a rate of 70 million pounds per monuments you see the commitment to pre- populations and protected the lands under minute. their care from the ravages of fire. For their serve many of our country’s natural treasures. Whole families were swept from the face of conscientious stewardship, Frank and Sue The Federal government has put its full weight the earth, joining the horrendous flotsam of have received the Colorado Agricultural Out- behind protecting these lands, and we can do bodies and debris that rushed forward and dis- look Forum’s Leopold Conservation Award. the same for Indian country. appeared into the churning water. With aston- The exemplary efforts of Frank and Sue are At a time when the Bush administration is ishing and merciless speed, the Heppner all the more notable in light of the devastating promoting increased energy development, we Flood destroyed the town’s water system, ru- drought that Colorado experienced in 2002. must enact comprehensive legislation that pro- ined the railroad, took down telegraph lines Frank and Sue have constructed ponds, de- hibits the further loss of Native American sa- and collapsed the bridges over Willow Creek. veloped twenty-five springs, and laid twenty- cred lands. We must not stand idly by as In a few short minutes, what had been a six miles of subterranean water pipeline in these unique places are wiped off the face of sleepy, idyllic Oregon town was transformed order to increase their ability to store water the earth. into a seething, watery graveyard. Scarcely a and protect it from evaporation. Their labor f resident of the town could be found who had has benefited Colorado for many years, par- not lost a friend or family member or suffered HONORING VIRGINIA ROCKWELL ticularly at critical times, and it has helped de- the loss of property. Many of the hundreds of velop a successful ranch while also caring for dead lay buried in the Heppner Masonic Cem- the natural beauty of Colorado’s environment. HON. SCOTT McINNIS etery, where today their descendants tend OF COLORADO Today, their ranch provides a habitat for twice their graves and honor their precious memo- as many elk, antelope, deer and sage grouse IN THE HOUSE OF REPRESENTATIVES ries. as it did before they began their remarkable Wednesday, June 11, 2003 stint as stewards. The outpouring of assistance from nearby Mr. MCINNIS. Mr. Speaker, I am honored to Mr. Speaker, it is a pleasure to bring Frank communities following this tragedy said much stand before this body of Congress today to and Sue’s achievements to the attention of about the compassion and humanity of the recognize a dedicated school counselor. Vir- this body of Congress and this nation. Frank people of the Northwest. In a poignant letter to ginia Rockwell has served as a kindergarten and Sue Menegatti serve as role models and Heppner’s Mayor, Frank Gilliam, three little through twelfth grade counselor for schools in inspirations not only to ranchers, but also to all girls in Colfax, Washington, sent $11 they col- Swink, Colorado for the past 21 years. For two who understand the need to protect our na- lected by selling homemade candy to help vic- decades, Virginia has provided enthusiastic tion’s great natural beauty for future genera- tims of the flood. Mayor Gilliam, touched by service to our state’s youth. Now, as she en- tions. the gesture, wrote a note of thanks that tragically captured the sorrow that had been vis- ters retirement, it is my pleasure to honor the f character and achievements that have defined ited upon his town. ‘‘Two weeks ago yesterday Virginia’s dedicated career. COMMEMORATING THE 100TH ANNI- morning, Heppner was a happy little town,’’ he While Virginia has always been reluctant to VERSARY OF THE HEPPNER wrote. ‘‘Our church bells rang and our little take credit for her students’ achievements, she FLOOD ones sang songs of praise and worshipped by has turned out a remarkable number of ac- their mother’s side. Evening came, and with it complished scholars, athletes and dedicated HON. GREG WALDEN the storm, and many of our precious little chil- citizens. However, some of the students of OF OREGON dren were carried away to worship at the throne of God. Those who have gone before which she is most proud are those who had to IN THE HOUSE OF REPRESENTATIVES work the hardest to graduate. Virginia’s com- are happy now, while those of us who remain mitment to her students and caring touch have Wednesday, June 11, 2003 are sad. Sad because of the little ones who not gone unnoticed. She was the state multi- Mr. WALDEN of Oregon. Mr. Speaker, I rise are no more—who cannot be with us to cheer level Counselor of the Year and runner up na- today in observance of one of the most tragic our weary way.’’ tionally in the early 1990s. Having little experi- events in the history of Oregon and a defining Mr. Speaker, a century has passed since ence with schools in rural areas when she chapter in the story of the small town of the disaster, yet the Heppner Flood remains started, Virginia has come to appreciate the Heppner. June 14, 2003, will mark the 100th the worst natural disaster in the history of Or- support and unique relationships that she has anniversary of the Heppner Flood, a natural egon. Though the buildings that had been torn made while working in Swink. Upon her retire- catastrophe of unprecedented scale in my down would be rebuilt, the fields would be re- ment, Virginia’s peers and students will cer- state that took the lives of 247 Oregonians, al- planted and herds replenished, the over- tainly reciprocate the touch of sadness that most a quarter of the town’s 1,146 residents. whelming human loss would remain like an she experiences when her students graduate. Though generations have passed since the open wound, the horror of the flood a constant Mr. Speaker, I am proud to stand before this people of Heppner witnessed nature’s awe- nightmare from which the survivors would Congress today to express my gratitude for some, destructive wrath, even today the resi- never awaken. In my travels to Heppner, I Virginia Rockwell’s many years of service. In- dents of this resilient community carry with have come to know many descendants of both

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.082 E11PT1 E1232 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 survivors and victims of the flood. It is a pro- truly symbolizes the ‘‘American Dream.’’ Tony cookware, dishes, pasta makers, and novelty found honor to represent them in the House of and Josephine Gagliano own and operate items. Josephine, Joe and Carmela’s daugh- Representatives. Gagliano’s Italian Market, a Pueblo, Colorado ter, does most of the baking with help from Mr. Speaker, as a tribute to the victims of fixture for the last 80 years. As the store has her grown children and their families. The this devastating event, I ask that my col- evolved over time, it continues to provide a Gaglianos are proud to serve the Pueblo com- leagues observe one minute of respectful si- distinct taste of home to numerous Puebloans. munity and are enthusiastic about continuing lence. For this reason, I would like to pay tribute to this family tradition. f the unique service that the Gagliano family has provided to the Pueblo Community. Mr. Speaker, I am honored to recognize the PAYING TRIBUTE TO GAGLIANO’S Gagliano’s story before this body of Congress Joe and Carmela Gagliano, the market’s ITALIAN MARKET and this nation. The Gaglianos provide a founders, were washed out of their home in HON. SCOTT McINNIS Pueblo’s flood of 1921. They recovered from unique service to the community by honoring that flood and embarked on a venture in the their family’s culture and tradition. Their OF COLORADO grocery business. Joe and Carmela’s market strength of spirit and dedication to the ‘‘Amer- IN THE HOUSE OF REPRESENTATIVES originally catered to the basic needs of the ican Dream’’ are the characteristics that have Wednesday, June 11, 2003 growing Italian-American community in Pueb- made this nation great. I congratulate them on Mr. MCINNIS. Mr. Speaker, it is my distinct lo. Today, Gagliano’s Italian Market sells prod- their successes and wish them all the best privilege to recognize a local business that ucts that range from Italian foods to Italian with their future endeavors.

VerDate Jan 31 2003 06:39 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JN8.083 E11PT1 June 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1233 SENATE COMMITTEE MEETINGS Washington May 26, 1981 (the ‘‘Trea- Health, Education, Labor, and Pensions ty’’), effected by an exchange of diplo- Employment, Safety, and Training Sub- Title IV of Senate Resolution 4, matic notes at Washington on July 17, committee agreed to by the Senate on February 4, 2002, and August 13, 2002 (the ‘‘Agree- To hold hearings to examine proposed 1977, calls for establishment of a sys- ment’’). Enclosed is the report of the legislation authorizing funds for the tem for a computerized schedule of all Secretary of State on the Agreement Workforce Investment Act. meetings and hearings of Senate com- and a related agreement, effected by an SD–430 mittees, subcommittees, joint commit- exchange of notes at Washington on Indian Affairs tees, and committees of conference. August 21, 2002, and September 10, 2002, To hold oversight hearings to examine amending the Annexes to the Treaty Native American sacred places. This title requires all such committees (Treaty Doc. 108–01), and Amendments SR–485 to notify the Office of the Senate Daily to the 1987 Treaty on Fisheries Be- 2:30 p.m. Digest—designated by the Rules Com- tween the Governments of Certain Pa- mittee—of the time, place, and purpose cific Island States and the Government Judiciary of the meetings, when scheduled, and of the United States of America, with Antitrust, Competition Policy and Con- sumer Rights Subcommittee any cancellations or changes in the Annexes and agreed statements, done at Port Moresby, April 2, 1987, done at To hold hearings to examine the meetings as they occur. NewsCorp/DirecTV deal, focusing on As an additional procedure along Koror, Palau, March 30, 1999, and at Kiritimati, Kiribati, March 24, 2002. global distribution. with the computerization of this infor- Also transmitted, related Amendments SD–226 mation, the Office of the Senate Daily to the Treaty Annexes, and the Memo- Digest will prepare this information for randum of Understanding (Treaty Doc. JUNE 19 printing in the Extensions of Remarks 108–02). 10 a.m. section of the CONGRESSIONAL RECORD SD–419 Governmental Affairs on Monday and Wednesday of each Rules and Administration To hold hearings to conduct an initial re- week. To hold hearings to examine Senate Res- view of the ULLICO matter, focusing olution 151, requiring public disclosure on self-dealing and breach of duty. Meetings scheduled for Thursday, of notices of objections (holds) to pro- SD–342 June 12, 2003 may be found in the Daily ceedings to motions or measures in the 2:30 p.m. Digest of today’s RECORD. Senate. Energy and Natural Resources SR–301 MEETINGS SCHEDULED 10 a.m. Public Lands and Forests Subcommittee Governmental Affairs To hold oversight hearings to examine JUNE 17 Business meeting to consider pending grazing programs of the Bureau of Land Management and the Forest 9:30 a.m. calendar items. Environment and Public Works SD–342 Service, focusing on grazing permit re- Fisheries, Wildlife, and Water Sub- Judiciary newal, BLM’s potential changes to committee To hold hearings to examine the FTC grazing regulations, range monitoring, To hold hearings to examine S. 525, the study on barriers to entry in the phar- drought, and other grazing issues. National Aquatic Invasive Species Act maceutical marketplace. SD–366 of 2003, to amend the Nonindigenous SD–226 Aquatic Nuisance Prevention and Con- Aging JUNE 21 trol Act of 1990 to reauthorize and im- To hold oversight hearings to examine 10 a.m. prove that Act. Section 202 housing, focusing on efforts Banking, Housing, and Urban Affairs SD–406 to do the right thing for seniors To hold oversight hearings to examine a Foreign Relations through better government. national export strategy. To hold hearings to examine the Conven- SD–628 SD–538 tion for the Unification of Certain 2 p.m. Rules for International Carriage by Judiciary JUNE 24 To hold hearings to examine whether Air, done at Montreal May 28, 1999 10 a.m. personal and national security risks (Treaty Doc. 106–45), Protocol to Banking, Housing, and Urban Affairs compromise the potential of P2P File- Amend the Convention for the Unifica- To hold hearings to examine bus rapid tion of Certain Rules Relating to Inter- Sharing Networks. SD–226 transit and other bus service innova- national Carriage by Air Signed at tions. Warsaw on October 12, 1929, done at 2:30 p.m. SD–538 The Hague September 28, 1955 (The Veterans’ Affairs Governmental Affairs Hague Protocol) (Treaty Doc. 107–14), To hold hearings to examine the nomina- To hold hearings to examine controlling Stockholm Convention on Persistent tions of Alan G. Lance, Sr., of Idaho, the cost of Federal Health Programs by Organic Pollutants, with Annexes, and Lawrence B. Hagel, of Virginia, curing diabetes, focusing on a case done at Stockholm, May 22–23, 2001 both to be a Judge of the United States study. (Treaty Doc. 107–05), Rotterdam Con- Court of Appeals for Veterans Claims. vention on the Prior Informed Consent SR–418 SH–216 Procedure for Certain Hazardous Health, Education, Labor, and Pensions Chemicals and Pesticides in Inter- JUNE 18 Substance Abuse and Mental Health Serv- national Trade, with Annexes, done at 9:30 a.m. ices Subcommittee Rotterdam, September 10, 1998 (Treaty Governmental Affairs To hold hearings to examine proposed Doc. 106–21), Agreement Between the To hold hearings to examine the nomina- legislation authorizing funds for the Government of the United States of tions of Fern Flanagan Saddler, Judith Substance Abuse and Mental Health America and the Government of the Nan Macaluso, Joseph Michael Francis Services Administration, Department Russian Federation on the Conserva- Ryan III, and Jerry Stewart Byrd, all of Health and Human Services. tion and Management of the Alaska- of the District of Columbia, each to be SD–430 Chukotka Polar Bear Population done an Associate Judge of the Superior 2:30 p.m. at Washington on October 16, 2001 Court of the District of Columbia. Armed Services (Treaty Doc. 107–10), Agreement SD–342 Personnel Subcommittee Amending the Treaty Between the 10 a.m. Health, Education, Labor, and Pensions Government of the United States of Banking, Housing, and Urban Affairs Children and Families Subcommittee America and the Government of Can- To hold hearings to examine the New To hold joint hearings to examine sup- ada on Pacific Coast Albacore Tuna Basel Capital Accord. port for military families. Vessels and Port Privileges done at SD–538 SD–106

VerDate Jan 31 2003 06:45 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0626 Sfmt 0634 E:\CR\FM\M11JN8.000 E11PT1 E1234 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2003 JUNE 25 on deteriorating buildings and wasted POSTPONEMENTS 10 a.m. opportunities. Energy and Natural Resources SD–342 JUNE 17 2 p.m. Business meeting to consider pending 2 p.m. calendar business. Foreign Relations Judiciary SD–366 To hold hearings to examine the Depart- To hold hearings to examine P2P file- ment of State’s Office of Children’s sharing networks, focusing on personal JUNE 26 Issues, focusing on responding to inter- and national security risks. 9:30 a.m. national parental abduction. SD–226 Governmental Affairs SD–419 To hold hearings to examine the need for Federal real property reform, focusing

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HIGHLIGHTS Senate passed S. 1215, The Burmese Freedom and Democracy Act. House passed H.R. 2115, Flight 100—Century of Aviation Reauthoriza- tion. House committee ordered reported nine sundry measures. Senate United States, taking action on the following Chamber Action amendments proposed thereto: Routine Proceedings, pages S7651–S7739 Pages S7654–62, S7668–76, S7679–90, S7702–07 Measures Introduced: Sixteen bills and three reso- Adopted: lutions were introduced, as follows: S. 1, S. Alexander Amendment No. 880, to require a re- 1230–1244, S. Res. 166, and S. Con. Res. 53–54. port from the Secretary of Energy on natural gas Page S7718 supplies and demand. Pages S7682–84 Rejected: Measures Reported: Feinstein Modified Amendment No. 876, to S. 686, to provide assistance for poison prevention tighten oversight of energy markets. (By 55 yeas to and to stabilize the funding of regional poison con- 44 nays (Vote No. 218), Senate tabled the amend- trol centers, with an amendment in the nature of a ment.) Pages S7679–82 substitute. (S. Rept. No. 108–68) Page S7717 Bingaman Amendment No. 881, to provide for a Measures Passed: significant environmental review process associated Commending Medgar Wylie Evers and Myrlie with the development of Indian energy projects and Evers-Williams: Senate agreed to S. Con. Res. 54, to establish duties of the federal government to In- commending Medgar Wiley Evers and his widow, dian tribes in implementing an energy development Myrlie Evers-Williams for their lives and accom- program. (By 52 yeas to 47 nays (Vote No. 219), plishments, designating a Medgar Evers National Senate tabled the amendment.). Pages S7684–89 Week of Remembrance. Pages S7738–39 Withdrawn: Reid Modified Amendment No. 877 (to Amend- Burmese Freedom and Democracy Act: By 97 ment No. 876), to exclude metals from regulatory yeas to 1 nay (Vote No. 220), Senate passed S. 1215, oversight by the Commodity Futures Trading Com- to sanction the ruling Burmese military junta, to mission. Page S7675 strengthen Burma’s democratic forces and support Pending: and recognize the National League of Democracy as Graham (FL) Amendment No. 884, to strike the the legitimate representative of the Burmese people, provision requiring the Secretary of the Interior to after agreeing to the following amendments proposed conduct an inventory and analysis of oil and natural thereto: Pages S7690–S7700 gas resources beneath all of the waters of the outer McConnell Amendment No. 882, in the nature of Continental Shelf. Pages S7702–07 a substitute. Page S7695 A unanimous-consent agreement was reached pro- McConnell Amendment No. 883 (to Amendment viding for further consideration of the bill at 9:30 No. 882), to clarify the duration of certain sanctions a.m., on Thursday, June 12, 2003; that there be 90 against Burma. Page S7695 minutes of debate remain on the Graham Amend- Energy Policy Act: Senate continued consideration ment No. 884 (listed above); and that upon the use of S. 14, to enhance the energy security of the of that time, the Senate vote on or in relation to the D642

VerDate Jan 31 2003 06:22 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN3.REC D11JN3 June 11, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D643 amendment, with no amendments in order to the amendment prior to the vote. Page S7739 Committee Meetings Nominations Confirmed: Senate confirmed the fol- (Committees not listed did not meet) lowing Nominations: By unanimous vote of 97 yeas (Vote No. 216), J. HEALTH CARE ACCESS Ronnie Greer, of Tennessee, to be United States Dis- Committee on Appropriations: Subcommittee on Labor, trict Judge for the Eastern District of Tennessee. Health and Human Services, and Education, con- Pages S7676–77 cluded hearings to examine health care access and af- By unanimous vote of 97 yeas (Vote No. 217), fordability, focusing on cost containment strategies, Mark R. Kravitz, of Connecticut, to be United States including attention to reducing errors, eliminating District Judge for the District of Connecticut. waste and duplication in clinical care, modernizing Pages S7678–79 and streamlining administration, promoting trans- By unanimous vote of 96 yeas (Vote No. Ex. 215), parency and accountability for performance, and Richard C. Wesley, of New York, to be United aligning financial incentives for physicians, hospitals, States Circuit Judge for the Second Circuit. and other health care providers to reward high-qual- Pages S7662–65 ity and efficient care, after receiving testimony from Harlon Eugene Costner, of North Carolina, to be Karen Davis, The Commonwealth Fund, New York, United States Marshal for the Middle District of New York; Dave Hickman, Mercy Health Network, North Carolina for the term of four years. Page S7739 Des Moines, Iowa; John Mentel, Mayo Clinic, Jack- Clay Johnson III, of Texas, to be Deputy Director sonville, Florida; James F. Fries, Stanford University for Management, Office of Management and Budget. School of Medicine, Stanford, California; Donald R. (Prior to this action, Committee on Governmental Hoover, Rutgers University, Piscataway, New Jersey; Affairs was discharged from further consideration.) and David Bernd, Sentara Healthcare, Norfolk, Vir- Page S7739 ginia, on behalf of the American Hospital Associa- tion. Messages From the House: Page S7716 Measures Referred: Page S7716 APPROPRIATIONS: DISTRICT OF Enrolled Bills Presented: Page S7716 COLUMBIA Executive Communications: Pages S7716–17 Committee on Appropriations: Subcommittee on District of Columbia concluded hearings to examine the Dis- Executive Reports of Committees: Pages S7717–18 trict of Columbia’s local budget request, after receiv- Additional Cosponsors: Pages S7718–20 ing testimony from Mayor Anthony A. Williams, Statements on Introduced Bills/Resolutions: Linda W. Cropp, Chairman, Council of the District Pages S7720–31 of Columbia, and Natwar Gandhi, Chief Financial Officer for the District of Columbia, all of Wash- Additional Statements: Pages S7715–16 ington, D.C. Amendments Submitted: Pages S7731–38 Authority for Committees to Meet: Page S7738 AUTHORIZATION—FTC Privilege of the Floor: Page S7738 Committee on Commerce, Science, and Transportation: Sub- committee on Competition, Foreign Commerce, and Record Votes: Six record votes were taken today. Infrastructure concluded hearings to examine pro- (Total—220) posed legislation authorizing funds for the Federal Pages S7665, S7677, S7679, S7682, S7689, S7700 Trade Commission, after receiving testimony from Adjournment: Senate met at 9:30 a.m., and ad- Timothy Muris, Chairman, Mozelle W. Thompson, journed at 7:57 p.m., until 9:30 a.m., on Thursday, Orson Swindle, and Thomas B. Leary, each a Com- June 12, 2003. (For Senate’s program, see the re- missioner, all of the Federal Trade Commission; marks of the Acting Majority Leader in today’s Marc Rotenberg, Electronic Privacy Information Record on page S7739.) Center, Susan Grant, National Consumers League, Larry Sarjeant, U.S. Telecom Association, and Ari Schwartz, Center for Democracy and Technology, all of Washington, D.C.; Sarah Deutsch, Verizon Com- munications, Silver Spring, Maryland; and Scott Coo- per, Hewlett-Packard Company, Palo Alto, Cali- fornia.

VerDate Jan 31 2003 06:22 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN3.REC D11JN3 D644 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 2003 PATIENT SAFETY Anne Rader, of Virginia, to be a Member of the Na- Committee on Governmental Affairs: Permanent Sub- tional Council on Disability. committee on Investigations concluded hearings to NOMINATION examine patient safety issues, focusing on hospitals Committee on Indian Affairs: Committee concluded and other health care organizations’ efforts to build hearings to examine the nomination of Charles W. and sustain a culture of continuous quality and pa- Grim, of Oklahoma, to be Director of the Indian tient safety improvement, after receiving testimony Health Service, Department of Health and Human from James P. Bagian, Director, National Center for Services, after the nominee, who was introduced by Patient Safety, Veterans Health Administration, De- Senators Nickles and Inhofe, testified and answered partment of Veterans Affairs; Carolyn M. Clancy, Di- questions in his own behalf. rector, Agency for Healthcare Research and Quality, Department of Health and Human Services; Dianne FORT BERTHOLD INDIAN RESERVATION Mandernach, Minnesota Department of Health, St. Committee on Indian Affairs: Committee concluded Paul; David R. Page, Fairview Health Services, Min- hearings on S. 1146, to implement the recommenda- neapolis, Minnesota; Dennis S. O’Leary, Joint Com- tions of the Garrison Unit Tribal Advisory Com- mission on Accreditation of Healthcare Organiza- mittee by providing authorization for the construc- tions, Oakbrook Terrace, Illinois; Robert E. Krawisz, tion of a rural health care facility on the Fort National Patient Safety Foundation, Chicago, Illi- Berthold Indian Reservation, North Dakota, after re- nois; Suzanne Delbanco, Leapfrog Group, Wash- ceiving testimony from Tex G. Hall, Mandan ington, D.C.; and Roxanne J. Goeltz, Burnsville, Hidatsa and Arikara Nation, and Frederick Baker, Minnesota, on behalf of the National Patient Safety Mandan Hidatsa and Arikara Elders Organization, Foundation, Partnership for Patient Safety, and Con- both of New Town, North Dakota. sumers Advancing Patient Safety. NOMINATIONS: BUSINESS MEETING Committee on the Judiciary: Committee concluded Committee on Health, Education, Labor, and Pensions: hearings to examine the nominations of William H. Committee ordered favorably reported the following Pryor, Jr., of Alabama, to be United States Circuit business items: Judge for the Eleventh Circuit, who was introduced S. 648, to amend the Public Health Service Act by Senators Shelby and Sessions and Representative with respect to health professions programs regard- Bonner, and Diane M. Stuart, of Utah, to be Direc- ing the practice of pharmacy, with an amendment in tor of the Violence Against Women Office, Depart- the nature of a substitute; ment of Justice, who was introduced by Senator S. 1225, entitled the ‘‘Greater Access to Afford- Hatch, after each nominee testified and answered able Pharmaceuticals Act’’; and The nomination of questions in their own behalf. h House of Representatives simpler information in class action settlement no- Chamber Action tices, to assure prompt consideration of interstate Measures Introduced: 25 public bills, H.R. class actions, to amend title 28, United States Code, 2416–2440, and 2 resolutions, H.J. Res. 59 and H. to allow the application of the principles of Federal Con. Res. 215, were introduced. Pages H5265–66 diversity jurisdiction to interstate class actions (H. Additional Cosponsors: Pages H5267–68 Rept. 108–148); and Reports Filed: Reports were filed today as follows: H. Res. 270, providing for consideration of Senate H. Res. 269, providing for consideration of H.R. amendments to H.R. 1308, to amend the Internal 1115, to amend the procedures that apply to consid- Revenue Code of 1986 to end certain abusive tax eration of interstate class actions to assure fairer out- practices, to provide tax relief and simplification (H. comes for class members and defendants, to outlaw Rept. 108–149). Page H5265 certain practices that provide inadequate settlements Speaker Pro Tempore: Read a letter from the for class members, to assure that attorneys do not re- Speaker wherein he appointed Representative La ceive a disproportionate amount of settlements at the Hood to act as Speaker Pro Tempore for today. expense of class members, to provide for clearer and Page H5177

VerDate Jan 31 2003 06:22 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 5627 E:\CR\FM\D11JN3.REC D11JN3 June 11, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D645 Guest Chaplain: The prayer was offered by the Rev. rects a GAO study on the compensation to airlines Dr. Thomas A. Erickson, Interim Pastor, The Na- after 9/11; Pages H5227–31 tional Presbyterian Church of Washington, DC. Norton Part B amendment no. 2 printed in H. Page H5177 Rept. 108–146 that repeals the provision requiring Suspensions: The House agreed to suspend the rules the Metropolitan Washington Airports Authority to and pass the following measures: appear before Congress before approval of airport de- Significant Accomplishment of Sequencing the velopment project grants; Pages H5231–33 Human Genome and Celebrating Human Genome Peterson of Pennsylvania Part B amendment no. 3 Month and DNA Day: Debated on June 10, H. printed in H. Rept. 108–146 that removes co-pay- Con. Res. 110, recognizing the sequencing of the ments from Essential Air Service communities that human genome as one of the most significant sci- are located less than 75 miles from a small hub or entific accomplishments of the past one hundred less than 170 miles from a medium or large hub; years and expressing support for the goals and ideals and Pages H5233–35 of Human Genome Month and DNA Day (agreed to by 2/3 yea-and-nay vote of 414 yeas to nays, Roll Pitts Part B amendment no. 4 printed in H. Rept. 108–146 that provides for consultation be- No. 259); Pages H5197–98 tween a state Governor and the Secretary of Trans- Commercial Spectrum Enhancement Act: H.R. 1320, amended, to amend the National Tele- portation on commonly used highway routes and communications and Information Administration Or- further requires the Secretary to define a consistent ganization Act to facilitate the reallocation of spec- standard for calculating the most commonly used trum from governmental to commercial users (agreed route when determining Essential Air Service eligi- to by 2/3 yea-and-nay vote of 408 yeas to 10 nays, bility (agreed to by recorded vote of 422 ayes with Roll No. 260); and Pages H5179–85, H5198 none voting ‘‘no,’’ Roll No. 263). Pages H5235–38 Temporary Assistance for Needy Families Block H. Res. 265, the rule that provided for consider- Grant Reauthorization: H.R. 2350, to reauthorize ation of the bill was agreed to by recorded vote of the Temporary Assistance for Needy Families block 370 ayes to 43 noes, Roll No. 258. Earlier, agreed grant program through fiscal year 2003 (agreed to to order the previous question by yea-and-nay vote by 2/3 yea-and-nay vote of 406 yeas to 6 nays, Roll of 219 yeas to 195 nays, Roll No. 257. No. 261). Pages H5185–90, H5198–99 Pages H5190–97 Flight 100—Century of Aviation Reauthoriza- Senate Message: Message received from the Senate tion: The House passed H.R. 2115, to amend title today appear on page H5177. 49, United States Code, to reauthorize programs for the Federal Aviation Administration by yea-and-nay Amendment: Amendment ordered printed pursuant vote of 418 yeas to 8 nays, Roll No. 264. to the rule appears on page H5268. Pages H5190–H5239 Quorum Calls Votes: Five yea-and-nay votes and Pursuant to the rule, the amendment in the na- three recorded votes developed during the pro- ture of a substitute recommended by the Committee ceedings of the House today and appear on pages on Transportation and Infrastructure now printed in H5196, H5196–97, H5197–98, H5198, H5199, the bill (H. Rept. 108–143), modified by the amendment printed in part A of the Rules Com- H5237–38, H5238, and H5239. There were no mittee report (H. Rept. 108–146), was considered as quorum calls. an original bill for the purpose of amendment. Adjournment: The House met at 10 a.m. and ad- Pages H5210–26 journed at 7:48 p.m. Manzullo Part B amendment No. 5 printed in H. Rept. 108–146 that requires the Department of Committee Meetings Transportation to submit a report on all waivers granted under the FAA ‘‘Buy-American Preferences’’ MILITARY CONSTRUCTION provisions (agreed to by recorded vote of 426 ayes APPROPRIATIONS SMALL BUSINESS with none voting ‘‘no’’, Roll No. 262); FAIRNESS ACT Pages H5226–27, H5237–38 Committee on Appropriations: Subcommittee on Mili- Mica Part B amendment no. 1 printed in H. tary Construction approved for full Committee ac- Rept. 108–146 that makes various technical and tion the Military Construction appropriations for fis- clarifying changes including the use of 76 seat jets cal year 2004. to qualify for the commuter aircraft slots at Reagan National; revises Airport Improvement Program re- SMALL BUSINESS FAIRNESS ACT quirements; clarifies that anti-hijacking training for Committee on Education and the Workforce: Began mark- flight attendants is voluntary and will be provided up of H.R. 660, Small Business Health Fairness Act by Transportation Security Administration; and di- of 2003.

VerDate Jan 31 2003 06:22 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN3.REC D11JN3 D646 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 2003 Will continue tomorrow. COMMENDING SIGNING OF U.S.- ADRIATRIC CHARTER; RENEWING THE FTC REAUTHORIZATION TRANSATLANTIC PARTNERSHIP: A VIEW Committee on Energy and Commerce: Subcommittee on FROM THE U.S. Commerce, Trade and Consumer Protection held a Committee on International Relations: Subcommittee on hearing entitled ‘‘The Reauthorization of the Federal Europe approved for full Committee action H. Con. Trade Commission: Positioning the Commission for Res. 209, commending the signing of the United the Twenty-First Century.’’ Testimony was heard States-Adriatric Charter, a charter of partnership from the following officials of the FTC: Timothy J. among the United States, Albania, Croatia, and Mac- Muris, Chairman, Mozelle W. Thompson, Orson edonia. Swindle, and Thomas B. Leary, all Commissioners. The Subcommittee also held a hearing on Renew- NATION’S FIRST RESPONDERS—SPECTRUM ing the Transatlantic Partnership: A View From the NEEDS United States. Testimony was heard from public witnesses. Committee on Energy and Commerce: Subcommittee on Telecommunications and the Internet held a hearing OVERVIEW OF RADIO AND TV MARTI on entitled ‘‘The Spectrum Needs of Our Nation’s Committee on International Relations: Subcommittee on First Responders.’’ Testimony was heard from Rep- Western Hemisphere held a hearing on Overview of resentatives Harman and Weldon of Pennsylvania; Radio and Television Marti. Testimony was heard Edmond J. Thomas, Chief Engineer, Office of Engi- from the following officials of the Broadcasting neering and Technology, FCC; Norman J. Jacknis, Board of Governors: Kenneth Y. Tomlinson, Chair- Chief Information Officer, Department of Informa- man; and Pedro V. Roig, Director, Office of Cuba tion Technology, Westchester County, State of New Broadcasting. York; First Lt. Gene Adamczyk, State Police, State of Michigan; and public witnesses. MISCELLANEOUS MEASURES Committee on Resources: Ordered reported the following MATCHING CAPITAL AND measures: H. Con. Res. 21, commemorating the Bi- ACCOUNTABILITY centennial of the Louisiana Purchase; H. Res. 30, Committee on Financial Services: Subcommittee on Do- concerning the San Diego long-range sportfishing mestic and International Monetary Policy, Trade, fleet and rights to fish the waters near the and Technology held a hearing entitled ‘‘Matching Revillagigedo Islands of Mexico; H.R. 74, to direct Capital and Accountability—The Millennium Chal- the Secretary of Agriculture to convey certain land lenge Account.’’ Testimony was heard from John in the Lake Tahoe Basin Management Unit, Nevada, Taylor, Under Secretary, International Affairs, De- to the Secretary of the Interior, in trust for the partment of the Treasury; and the following officials Washoe Indian Tribe of Nevada and California; H.R. of the Department of State: Alan Larson, Under Sec- 272, amended, to direct the Secretary of Agriculture retary, Economic, Business and Agriculture Affairs; to convey certain land to Lander County Nevada, and Andrew Natsios, Administrator, AID. and the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued use as CITIZEN’S GUIDE—FREEDOM OF cemeteries; H.R. 901, amended, to authorize the INFORMATION ACT AND THE PRIVACY Secretary of the Interior to construct a bridge on ACT Federal land west of and adjacent to Folsom Dam in Committee on Government Reform: Subcommittee on California; H.R. 1113, amended, to authorize an ex- Technology, Information Policy, Intergovernmental change of land at Fort Frederica National Monu- Relations and the Census approved for full Com- ment; H.R. 1209, to extend the authority for the mittee the following: The Citizen’s Guide on Using construction of a memorial to Martin Luther King, the Freedom of Information Act and The Privacy Jr., in the District of Columbia; H.R. 1284, to Act of 1974 to Request Government Records. amend the Reclamation Projects Authorization and Adjustment Act of 1992 to increase the Federal MIDDLE EAST PEACE PROCESS AT share of the costs of the San Gabriel Basin dem- CROSSROADS onstration project; and H.R. 1945, amended, Pacific Committee on International Relations: Held a hearing on Salmon Recovery Act. The Middle East Peace Process at a Crossroads. Tes- timony was heard from William Burns, Assistant CLASS ACTION FAIRNESS ACT Secretary, Bureau of Near Eastern Affairs, Depart- Committee on Rules: Granted, by voice vote, a struc- ment of State. tured rule providing 1 hour of general debate on

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H.R. 1115, Class Action Fairness Act of 2003. The Schumacher, Assistant Administrator, External Rela- rule provides that the amendment in the nature of tions, NASA; and public witnesses. a substitute recommended by the Committee on the REVITALIZING AMERICA’S Judiciary now printed in the bill shall be considered MANUFACTURERS as an original bill for the purpose of amendment and shall be considered as read. The rule waives all Committee on Small Business: Held a hearing entitled points of order against the amendment in the nature ‘‘Revitalizing America’s Manufacturers: SBA Busi- of a substitute recommended by the Committee on ness and Enterprise Development Programs.’’ Testi- the Judiciary now printed in the bill. The rule mony was heard from the following officials of the makes in order only those amendments printed in SBA: Daryl Hairston, Deputy Associate Deputy Ad- the Rules Committee report accompanying the reso- ministrator, Government Contracting and Business lution. The rule provides that the amendments made Development; and Kaaren Street, Deputy Associate in order may be offered only in the order printed in Deputy Administrator, Enterprise Development; and the report, may be offered only by a Member des- public witnesses. ignated in the report, shall be considered as read, EPA GRANTS MANAGEMENT shall be debatable for the time specified in the re- Committee on Transportation and Infrastructure: Sub- port equally divided and controlled by the proponent committee on Water Resources and Environment and an opponent, shall not be subject to amend- held a hearing on EPA Grants Management: Per- ment, and shall not be subject to a demand for divi- sistent Problems and Proposed Solutions. Testimony sion of the question in the House or in the Com- was heard from the following officials of the EPA: mittee of the Whole. The rule waives all points of Nikki L, Tinsley, Inspector General; and Morris X. order against the amendments printed in the report. Winn, Assistant Administrator, Office of Adminis- Finally, the rule provides one motion to recommit tration and Resources Management; and John B. Ste- with or without instructions. Testimony was heard from Chairman Sensenbrenner and Representatives phenson, Director, Environmental Issues, GAO. Scott of Virginia, Lofgren, Jackson-Lee of Texas, VETERANS’ MEASURES Delahunt and Sandlin. Committee on Veterans’ Affairs: Subcommittee on Bene- TAX RELIEF, SIMPLIFICATION, AND fits held a hearing on the following bills: H.R. 886, EQUITY ACT—RELATING TO THE to amend title 38, United States Code, to provide CONSIDERATION OF THE SENATE for the payment of dependency and indemnity com- AMENDMENT pensation to the survivors of former prisoners of war Committee on Rules: Committee granted, by a vote of who died on or before September 30, 1999, under 9 to 4, a rule providing that upon adoption of the the same eligibility conditions as apply to payment resolution the bill, H.R. 1308, Tax Relief, Sim- of dependency and indemnity compensation to the plification, and Equity Act of 2003, with the Senate survivors of former prisoners of war who die after amendments thereto, be hereby taken from the that date; H.R. 1167, to amend title 38, United Speaker’s table. The rule provides that upon adop- States Code, to permit remarried surviving spouses of tion of the resolution the Senate amendment to the veterans to be eligible for burial in a national ceme- title is hereby agreed to. The rule further provides tery; H.R. 1500, Veterans’ Appraiser Choice Act; that upon adoption of the resolution the Senate H.R. 1516, to direct the Secretary of Veterans Af- amendment to the text is hereby agreed to with the fairs to establish a national cemetery for veterans in amendment printed in the report of the Committee southeastern Pennsylvania; and H.R. 2163, to amend on Rules accompanying the resolution. Finally, the title 38, United States Code, to exclude the proceeds rule provides that it shall be in order for the chair- of life insurance from consideration as income for man of the Committee on Ways and Means to move purposes of determining veterans’ pension benefits. that the House insist on its amendment to the Sen- Testimony was heard from Representatives Simpson, ate amendment to H.R. 1308, or that the House Holden, Bradley of New Hampshire, Gerlach, Larsen disagree to any further Senate amendment, and re- of Washington on behalf of Representative Smith of quest or agree to a conference with the Senate there- Washington, and Wilson of New Mexico; John M. on. Testimony was heard from Representatives Cas- Molino, Deputy Assistant Secretary, Military, Com- tle, Rangel, Levin, Tanner, Pelosi and Hoyer. munity and Family Policy, Department of Defense; Frederico Juarbe, Jr., Assistant Secretary, Veterans’ U.S.-RUSSIAN SPACE COOPERATION Employment and Training Services, Department of Committee on Science: Subcommittee on Space and Aer- Labor; and Robert Epley, Under Secretary, Policy onautics held a hearing on U.S.-Russian Cooperation and Program Management, Veterans Benefits Ad- in Space. Testimony was heard from John ministration, Department of Veterans Affairs.

VerDate Jan 31 2003 06:22 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN3.REC D11JN3 D648 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 2003 VETERANS’ MEASURES Committee on Banking, Housing, and Urban Affairs: to hold hearings to examine expanding homeownership op- Committee on Veterans’ Affairs: Subcommittee on portunities, 10 a.m., SD–538. Health held a hearing on the following: H.R. 1720, Committee on Commerce, Science, and Transportation: to Veterans Health Care Facilities Capital Improvement hold hearings to examine global overfishing, 9:30 a.m., Act; H.R. 116, Veterans’ New Fitzsimons Health SR–253. Care Facilities Act of 2003; H.R. 2307, to provide Subcommittee on Science, Technology, and Space, to for the establishment of new Department of Veterans hold hearings to examine issues relating to cloning, 2:30 Affairs medical facilities for veterans in the area of p.m., SR–253. Columbus, Ohio, and in south Texas; and H.R. Committee on Energy and Natural Resources: Subcommittee 2349, to authorize certain major medical facility on Public Lands and Forests, to hold hearings to examine projects for the Department of Veterans Affairs. Tes- S. 434, to authorize the Secretary of Agriculture to sell timony was heard from Robert H. Roswell, M.D., or exchange all or part of certain parcels of National For- Under Secretary, Health, Department of Veterans est System land in the State of Idaho and use the proceeds derived from the sale or exchange for National For- Affairs; and representatives of veterans organizations. est System purposes, S. 435. to provide for the conveyance by the Secretary of Agriculture of the Sandpoint ADMINISTRATION’S FOSTER CARE Federal Building and adjacent land in Sandpoint, Idaho, FLEXIBLE FUNDING PROPOSAL S. 490, to direct the Secretary of Agriculture to convey Committee on Ways and Means: Subcommittee on certain land in the Lake Tahoe Basin management Unit, Human Resources held a hearing on the Administra- Nevada, to the Secretary of the Interior, in trust for the tion’s Foster Care Flexible Funding Proposal. Testi- Washoe Indian Tribe of Nevada and California, H.R. mony was heard from Wade F. Horn, Assistant Sec- 762, to amend the Federal Land Policy and Management retary, Administration for Children and Families, Act of 1976 and the Mineral Leasing Act to clarify the method by which the Secretary of the Interior and the Department of Health and Human Services; Barbara Secretary of Agriculture determine the fair market value Riley, Deputy Director, Office of Children and Fam- of certain rights-of-way granted, issued, or renewed under ilies, Department of Job and Family Services, State these Acts, S. 1111, to provide suitable grazing arrange- of Ohio; and public witnesses. ments on National Forest System land to persons that hold a grazing permit adversely affected by the standards and guidelines contained in the Record of Decision of the Joint Meetings Sierra Nevada Forest Plan amendment and pertaining to the Willow Flycatcher and the Yosemite Toad, and H.R. IRAQ ECONOMY 622, to provide for the exchange of certain lands in the Joint Economic Committee: Committee concluded hear- Coconino and Tonto National Forests in Arizona, 2:30 ings to examine the policies and procedures to en- p.m., SD–366. courage long-term economic growth and prosperity Committee on Finance: to hold hearings to examine a in reforming Iraq’s economy, focusing on estab- Medicare prescription drug benefit, to be immediately followed by a business meeting to consider S. 312, to lishing a stable financial system that consists of new amend title XXI of the Social Security Act to extend the leadership, better security, free trade, regional bank- availability of allotments for fiscal years 1998 through ing, establishing new currency, and property rights, 2001 under the State Children’s Health Insurance Pro- after receiving testimony from Hernando de Soto, In- gram, 10 a.m., SH–216. stitute for Liberty and Democracy, Lima, Peru; Basil Committee on Foreign Relations: to hold hearings to exam- al-Rahim, MerchantBridge, London, England, on be- ine repercussions of Iraq stabilization and reconstruction half of the Iraq Foundation; Rachel Bronson, Council policies, 9:30 a.m., SD–419. on Foreign Relations, New York, New York; and Committee on Health, Education, Labor, and Pensions: to David Ellerman, Washington, D.C. hold hearings to examine certain issues relative to TWA/ American Airline workforce integration, 2 p.m., SD–430. f Committee on Judiciary. business meeting to consider S. COMMITTEE MEETINGS FOR THURSDAY, 724, to amend title 18, United States Code, to exempt JUNE 12, 2003 certain rocket propellants from prohibitions under that title on explosive materials, S. 1125, to create a fair and (Committee meetings are open unless otherwise indicated) efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, S. Res. 141, recognizing Senate ‘‘Inventing Flight: The centennial Celebration’’, a celebra- Committee on Agriculture, Nutrition, and Forestry: to hold tion in Dayton, Ohio of the centennial of Wilbur and hearings to examine the Department of Agriculture’s im- Orville Wright’s first flight, H.R. 1954, to revise the plementation of the Agricultural Risk Protection Act of provisions of the Immigration and Nationality Act relat- 2000 and related crop insurance issues, 10 a.m., ing to naturalization through service in the Armed SR–328A. Forces, and the nominations of David G. Campbell, to be

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United States District Judge for the District of Arizona, ally to release Dr. Yang Jianli, calling on the President Thomas M. Hardiman, to be United States District Judge of the United States to continue working on behalf of Dr. for the Western district of Pennsylvania, Eduardo Yang Jianli for his release; H. Res. 237, honoring the life Aguirre, Jr., of Texas, to be Director of the Bureau of and work of Walter Sisulu, a critical leader in the move- Citizenship and Immigration Services, Department of ment to free South Africa of apartheid, on the occasion Homeland Security, and Richard James O’Connell, to be of his death; H. Res. 242, expressing the condolences of United States Marshal for the Western District of Arkan- the House of Representatives to the families of the vic- sas, to be immediately followed by a Subcommittee on tims of the terrorist suicide bombing attacks that oc- Constitution, Civil Rights and Property Rights business curred on May 16, 2003, in Casablanca, Morocco; a reso- meeting to consider S.J. Res. 1, proposing an amendment lution expressing sympathy for the victims of the dev- to the Constitution of the United States to protect the astating earthquake that struck Algeria on May 21, 2003; rights of crime victims, 9:30 a.m., SD–226. H. Con. Res. 49, expressing the sense of the Congress that the sharp escalation of anti-Semitic violence within House many participating States of the Organization for Security Committee on Appropriations, Subcommittee on Home- and Cooperation in Europe (OSCE) is of profound concern land Security, to mark up appropriations for fiscal year and efforts should be undertaken to prevent future occur- 2004, 10 a.m., B–308 Rayburn. rences; H. Con. Res. 80, expressing the sense of Congress Committee on Armed Services, briefing on the state of re- relating to efforts of the Peace Parks Foundation in the construction and stabilization operations in Iraq hearing Republic of South Africa to facilitate the establishment on worldwide U.S. military commitments, 9 a.m., 2118 and development of transfrontier conservation efforts in Rayburn. southern Africa; H. Con. Res. 134, acknowledging the Committee on Education and the Workforce, to continue deepening relationship between the United States and the mark up of H.R. 660, Small Business Health Fairness Republic of Djibouti and recognizing Djibouti’s role in Act of 2003, 9:30 a.m., 2175 Rayburn. combating terrorism; H. Con. Res. 154, concerning the Subcommittee on Education Reform, to mark up H.R. transition to democracy in the Republic of Burundi; H. 2210, School Readiness Act of 2203, following full Com- Con. Res. 169, expressing the sense of Congress that the mittee markup, 2175 Rayburn. United States Government should support the human Committee on Energy and Commerce, Subcommittee on rights and dignity of all persons with disabilities by Oversight and Investigations, to consider motions author- pledging support for the drafting and working toward the izing the issuance of subpoenas for certain records and adoption of a thematic convention on the human rights testimony in connection with the Committee’s investiga- and dignity of persons with disabilities by the United tions into (1) the financial collapse of HealthSouth Cor- Nations General Assembly to augment the existing poration, and (2) the safety of dietary supplements that United Nations human rights system; and H. Con. Res. are manufactured or marketed for use by children, 9:30 209, commending the signing of the United States-Adri- a.m., 2123 Rayburn. atic Charter, a charter of partnership among the United Committee on Financial Services, Subcommittee on Finan- States, Albania, Croatia, and Macedonia, 10:30 a.m., cial Institutions and Consumer Credit, hearing entitled 2172 Rayburn. ‘‘The Role of FCRA in the Credit Granting Process,’’ 10 Committee on the Judiciary, Subcommittee on Crime, a.m., 2128 Rayburn. Terrorism, and Homeland Security, to mark up H.R. Committee on Government Reform, Subcommittee on 1707, Prison Rape Reduction Act of 2003, 9:30 a.m., Human Rights and Wellness, hearing entitled ‘‘Canadian 2141 Rayburn. Prescription Drug Importation: Is There A Safety Issue?’’ Committee on Resources, Subcommittee on Fisheries Con- 2 p.m., 2154 Rayburn. servation, Wildlife and Oceans, hearing on the following Committee on International Relations, to mark up the fol- bills: H.R. 1006, Captive Wildlife Safety Act; and H.R. lowing measures: the Millennium Challenge Account Au- 1472, Don’t Feed the Bears Act of 2003, 10 a.m., 1324 thorization and Peace Corps Expansion Act of 2003; H.R. Longworth. 2330, Burmese Freedom and Democracy Act of 2003; Committee on Science, Subcommittee on Research, hearing H.R. 1462, International Disability and Victims of War- on Plant Biotechnology Research and Development in Af- fare and Civil Strife Assistance Act of 2003; H. Res. 58, rica: Challenges and Opportunities, 10 a.m., 2318 Ray- recognizing the accomplishments of Ignacy Jan Pade- burn. rewski as a musician, composer, statesman, and philan- Committee on Small Business, Subcommittee on Tax, Fi- thropist and recognizing the 11th Anniversary of the re- nance, and Exports, hearing on the Chilean Free Trade turn of his remains to Poland; H.R. 177, commending Agreement, 10 a.m., 2360 Rayburn. the people of the Republic of Kenya for conducting free Committee on Transportation and Infrastructure, Sub- and fair elections, for the peaceful and orderly transfer of committee on Coast Guard and Maritime Transportation, power in their government, and for the continued success to mark up the Coast Guard and Maritime Transportation of democracy in their nation since that transition; H. Res. Act of 2003, 10 a.m., 2167 Rayburn. 194, regarding the importance of international efforts to Permanent Select Committee on Intelligence, executive, hear- abolish slavery and other human rights abuses in the ing on Special Programs, 2 p.m., and executive, to mark Sudan; H. Res. 199, calling on the Government of the up the Intelligence Authorization Act for Fiscal Year People’s Republic of China immediately and uncondition- 2004, 4:30 p.m., H–405 Capitol.

VerDate Jan 31 2003 06:22 Jun 12, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN3.REC D11JN3 D650 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, June 12 10 a.m., Thursday, June 12

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 1115, ation of S. 14, Energy Policy Act and vote on or in rela- Class Action Fairness Act (structured rule, one hour of tion a proposed amendment (Graham Amendment No. debate). 884), to the bill. Consideration of the Senate amendments to H.R. 1308, Tax Relief, Simplification and Equity Act.

Extensions of Remarks, as inserted in this issue

HOUSE Jones, Stephanie Tubbs, Ohio, E1230, E1230 Radanovich, George, Calif., E1217 Kleczka, Gerald D., Wisc., E1217, E1222 Rahall, Nick J., II, W.Va., E1230 Andrews, Robert E., N.J., E1223 Larson, John B., Conn., E1209 Reyes, Silvestre, Tex., E1202, E1210, E1211 Baca, Joe, Calif., E1220 Lee, Barbara, Calif., E1200 Rogers, Mike, Ala., E1215 Bartlett, Roscoe G., Md., E1223 Lewis, Jerry, Calif., E1215 Saxton, Jim, N.J., E1223 Bass, Charles F., N.H., E1217 Lipinski, William O., Ill., E1210, E1212 Shimkus, John, Ill., E1197 Becerra, Xavier, Calif., E1209 McCollum, Betty, Minn., E1200 Slaughter, Louise McIntosh, N.Y., E1208 Bell, Chris, Tex., E1202 McInnis, Scott, Colo., E1198, E1199, E1199, E1200, Solis, Hilda L., Calif., E1222 Bordallo, Madeleine Z., Guam, E1201, E1209, E1211 E1201, E1202, E1203, E1203, E1204, E1207, E1229, E1229, Spratt, John M., Jr., S.C., E1203 Christensen, Donna M., The Virgin Islands, E1206 E1230, E1230, E1231, E1231, E1232 Stark, Fortney Pete, Calif., E1219 Conyers, John, Jr., Mich., E1197, E1207 Maloney, Carolyn B., N.Y., E1195, E1195, E1196, E1201 Stupak, Bart, Mich., E1196 Cummings, Elijah E., Md., E1223 Meehan, Martin T., Mass., E1197 Cunningham, Randy ‘‘Duke’’, Calif., E1210, E1212 Meek, Kendrick B., Fla., E1229 Tanner, John S., Tenn., E1198 Davis, Susan A., Calif., E1201 Menendez, Robert, N.J., E1198, E1199 Tauscher, Ellen O., Calif., E1220 Davis, Tom, Va., E1217 Moran, Jerry, Kansas, E1208 Thompson, Bennie G., Miss., E1218 Doolittle, John T., Calif., E1220 Ney, Robert W., Ohio, E1197 Thompson, Mike, Calif., E1213 Eshoo, Anna G., Calif., E1195, E1195 Nussle, Jim, Iowa, E1221 Towns, Edolphus, N.Y., E1209, E1211, E1212, E1215 Filner, Bob, Calif., E1198, E1199 Ortiz, Solomon P., Tex., E1220 Walden, Greg, Ore., E1231 Fletcher, Ernie, Ky., E1210, E1211 Ose, Doug, Calif., E1204, E1221 Wamp, Zach, Tenn., E1218 Gillmor, Paul E., Ohio, E1196 Pallone, Frank, Jr., N.J., E1197, E1210, E1211 Weller, Jerry, Ill., E1203 Gordon, Bart, Tenn., E1218 Paul, Ron, Tex., E1204 Wilson, Heather, N.M., E1213 Honda, Michael M., Calif., E1202 Pearce, Stevan, N.M., E1218 Wolf, Frank R., Va., E1205 Jackson-Lee, Sheila, Tex., E1219 Portman, Rob, Ohio, E1212 Young, Don, Alaska, E1215

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